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HomeMy WebLinkAboutExhibit AExhibit "A" ATTACHMENT TO: RESOLUTION NO. DATE: SOUTHEAST OVERTOWN/PARK WEST MASTER AND INCREMENT II DEVELOPMENT ORDER MODIFICATIONS Master and Increment II Development Orders The table describing the land use and increments in the Southeast Overtown/Park West Increment II Development Order and Major Use Special Permit (Exhibit A in Resolution 92-609) is hereby amended in order to reflect the proposed change. From: Land Uses Increment I Buildout - (1997-2005) Increment II Buildout - (1992-2010) Increment HI Buildout - (1999-2007) Totals Office 166,000 337,000 500,500 1,003,500 (gsf) Commercial 95,400 71,700 90,600 257,700 (gsf) Hotel 0 500 600 1,100 (rooms) Residential 2,000 2,000 5,000 9,000 (units) AEl1actions/ Recreation (seats) 8,000 8,000 0 16,000 To: Land Uses Increment I Buildout - (1997-2005) Increment II Buildout - (1992-2010) Increment III Buildout - (1999-2007) Totals Office 166,000 337,000 500,500 1,003,500 (gsf) Commercial 72,2721 94,8281 90,600 257,700 (gsf) Hotel 0 500 600 1,100 (rooms) Residential 2,000 2,000 5,000 9,000 (units) Attractions/ Recreation (seats) 8,000 8,000 0 16,000 2. At the time of Increment I buildout 23,128 square feet of retail use development credt remained unused. Pursuant to the Notification of Proposed Change (NOPC) dated March 22, 2005, these development credits have been rolled -over into Increment II. The definition of "Net New Development" found in The Southeast Overtown/Park West Increment II Development Order and Major Use Special Permit (Exhibit A in Resolution 92-609) is hereby amended. From: Any construction or reconstruction which will result in a net increase, within any "Parcel of Land," of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, government office, retail/service, convention, wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the Planning Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the land uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has on the effective date of this Development Order a valid building permit or any currently effective development order shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in floor area, if he finds that such development would have no regional impact as measured by peak hour vehicle trips. Any construction or reconstruction which will result in a net increase, within any "Parcel of Land," of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, government office, retail/ service, convention, wholesale/ industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the Planning Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the land uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has, on the effective date of this Development Order a valid building permit or any currently effective development order (as indicated in Exhibit A-1 attached hereto) shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in floor area, if he finds that such development would have no regional impact as measured by peak hour vehicle trips. 3. The definition of "Total Allowable Development" found in The Southeast Overtown/Park West Increment II Development Order and Major Use Special Permit (Exhibit A in Resolution 92-609) is hereby amended. From: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to F.S. 380.06(19) (1991), and which shall be measured by the following land uses: Office (sq. ft.) 337,000 Retail/Service (sq. ft) 71,700 Hotel (rooms) 500 Residential (units) 2,000 Attractions (seats) 8,000 The City may permit simultaneous increases and decreases in the above described land use categories, provided that the regional impacts of the land uses as changes will not exceed the adverse regional impacts of the land uses in Increment II of the Project as originally approved, as measured by total peak hour vehicle trips. To: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to F.S. 380.06(19) (1991), and which shall be measured by the following land uses: Office (sq. ft.) 337,000 Retail/Service (sq. ft) 94,828 Hotel (rooms) 500 Residential (units) 2,000 Attractions (seats) 8,000 The City may administratively permit simultaneous increases and decreases in the above described land use categories, and without need of filing for Notification of Proposed Change, provided that the regional impacts of the land uses as changes will not exceed the adverse regional impacts of the land uses in Increment II of the Project as originally approved, as measured by total peak hour vehicle trips. Exhibit A-2 includes the equivalency matrix upon which simultaneous increases and decreases in land use categories will be made. 4. Finding of Fact G in The Southeast Overtown/Park West Increment ll Development Order and Major Use Special Permit (Exhibit A in Resolution 92-609) is hereby amended. From: The project entails the redevelopment of 209 acres of prime real estate adjacent to the Miami Central Business District for new residential, office and commercial activity. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. As originally proposed in the Master Development Order (Resolution 88-110), Increment II of the project (1994-1999) consisted of the following: Element Area Office (gross sq. ft.) 205,000 Retail/Service (gross sq. ft.) 37,300 Hotel (rooms) 500 Residential (units) 2,000 Convention (gross sq. ft.) 310,000 Pursuant to certain changes in market conditions and to the proposed location of a performing arts center within the boundaries of the DRI, the Master Development Order and the Increment I Development Order are being amended concurrently with this development order, to reflect the following land use categories for the revised time frame 1992 to 1999: Element Area Office (sq. ft.) 337,000 Retail/Service (sq. ft.) 71,700 Hotel (rooms) 500 Residential (units) 2,000 Attractions (seats) 8,000 The Master Development Order made provision for "the simultaneous increases and decreases between the land use categories (sic), provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips." The substitution of additional commercial development and attractions development for convention development does not exceed the total trips generates by the original configuration proposed by the Master Development Order. The project entails the redevelopment of 209 acres of prime real estate adjacent to the Miami Central Business District for new residential, office and commercial activity. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. As originally proposed in the Master Development Order (Resolution 88-110), Increment II of the project (1994-1999) consisted of the following: Element Area Office (gross sq. ft.) 205,000 Retail/Service (gross sq. ft.) 37,300 Hotel (rooms) 500 Residential (units) 2,000 Convention (gross sq. ft.) 310,000 Pursuant to certain changes in market conditions and to the proposed location of a performing arts center within the boundaries of the DRI, the Master Development Order and the Increment I Development Order are being amended concurrently with this development order, to reflect the following land use categories for the revised time frame 1992 to 2010: Element Area Office (sq. ft.) 337,000 Retail/Service (sq. ft.) 94,828 Hotel (rooms) 500 Residential (units) 2,000 Attractions (seats) 8,000 5. A new Paragraph 21 is hereby added to The Southeast Overtown/Park West Increment II Development Order and Major Use Special Permit (Exhibit A in Resolution 92-609) as follows: 21. March 21, 2010, the buildout date for this project, is hereby established as the date until which the City agrees that the Southeast Overtown/Park West Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes made by the developer in the facts or circumstances underlying the approval of the DRI development order have occurred, or that the DRI development order was based on substantially inaccurate information provided by the applicant, or that the change is clearly essential to the public health, safety, or welfare. 6. The Master and Increment II Development Orders are hereby amended to allow for the submittal of a biennial status report pursuant to Section 380.06(18), Florida Statutes (2004), rather than an annual report. 7. Condition No. 7 of the Increment II Development Order is hereby amended to correct a scrivener's error as follows : FROM: TO: If the results of the air quality of modeling study, as described in Condition 6, above, exceed 85 percent but less than 100 percent of the State standard for CO concentrations, submit by October 30, 1999, a detailed air quality monitoring plan to FDER and DERM for review and comment and SFRPC for review and approval. Pending approval of the monitoring plan, withhold the issuance of any building permits for net new development within the subarea that show exceedences of 85 percent of the CO standard. If the results of the air quality of modeling study, as described in Condition 6, above, exceed 85 percent but less than 100 percent of the State standard for CO concentrations, submit by October 30, 2006, a detailed air quality monitoring plan to FDER and DERM for review and comment and SFRPC for review and approval. Pending approval of the monitoring plan, withhold the issuance of any building permits for net new development within the subarea that show exceedences of 85 percent of the CO standard.