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HomeMy WebLinkAboutSubmittal CD 1Table of Contents City of Miami Resolution No. 88-110 TAB 1 City of Miami Resolution No. 88-111 TAB 2 City of Miami Resolution No. 92-607 TAB 3 City of Miami Resolution No. 92-608 TAB 4 City of Miami Resolution No. 92-609 TAB 5 City of Miami Resolution No. 93-217 TAB 6 City of Miami Resolution No. 99-973 TAB 7 City of Miami Resolution No. 00-289 TAB 8 City of Miami Resolution No. 01-1159 TAB 9 City of Miami Resolution No. 05-0480 TAB 10 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMPL9ON lo-ab-cb. J-88-131 2/10/88 RESOLUTION NO. 8 8 11 ° A RESOLUTION CONCERNING THE SOUTHEAST OVERTOWt9/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY 0P MIAMI DESIGNATED IN 1982 BY RESOLUTION NO. 82--755, AS THE SOUTHEAST OVERT/PARK WEST COMMUNITY REDEVELOPMENT AREA (MORE PARTICULARLY DESCRIBED HEREIN), PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE CITY OF MIAMI; AUTHORIZING A MASTER DEVELOPMENT ORDER; APPROVING SAID DEVEWwENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE MASTER DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING TEAT THE MASTER DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND MASTER DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE MASTER DEVELOPMENT ORDER; AND PROVIDING A SEVERABILIT"? CLAUSE. WHEREAS, on February 6, 1987 , the City of Miami submitted a complete Application. for Development Approval for a Develr,,ment of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, pursuant to F.S. 380.06 (1987), for the ongoing development through the Year 2007 for the area designated in 1982 by City Canission Resolution No. 82-755, as the Southeast Overtc n/Park West Community Redevelopment Area, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on Februay 3, 1988, Item No. la, following an advertised public hearing, adopted Resolution No. PAH 11-88 by a 8 to 0 vote, RECOMMENDING APPROVAL of the Master Development Order, as amended, for the Southeast Overtown/Park West Community Redevelopment Area as attached hereto; and WHEREAS, on .February 11, 1988, the City Commission conducted a public hearing pursuant to F.S. 380.06 (1987) and ECG D CITY COMMISSION MEETING OF FEB 11 49B AS-110 a_SnLUTIO! ND n:T,,nRK, /3 WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council, and each element required to be considered by F.S. 380.06 {1981); and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the issuance of the proposed Master bevel . ent Order had been 4umwlied with; and WHEREAS, the City Culudssion deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Master Development Order as hereinafter set forth: NOW, THEREFORE, BE IT RESOLVED BY THE COWISSICN OF THE CITY OF MIAMI , FLORIDA: Section 1: The Findings of Fact and Conclusions of taw are made with respect to the Project as described in the Master Development Order for the Southeast Overtawn/Park West Community Redevelopment Area, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to an area of the City of Miami designated in 1962 by Resolution -No. °2-755, as the Southeast Overtoan/Park West Community Redevelopment Area , as more particularly described in Exhibit "A". Section 2: The Master Development Order for the Southeast Crvertaan/Park West Community Redevelopment Area (Exhibit "A") is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit "A" and w ies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Master Develo}..tient Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; and Time South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Master Develop:lent Order. Section 5. In the event that any portion or section of this Resolution or the Master Development Order for Southeast Overtown/Park West Ccnsminity Redevelopment Area {Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision S5--110 1= shall in no manner affect the remaining portions of this Resolution or the Master Develogrent order for the Southeast Overtown/Park West Community Redevelcizment Area iExhibit "A"), which shall resin in full force and effect. PASSED AND ADOPTED this 11thday of February , 1968. MATT'Y HIRAI CITY fuTE PREPARED AND APPROVED BY: L-G JQ L E. MAXWELL ISTANT CITY ATTORNEY APPROVED AS TO FORM .AND CDR&$C'FNESS: L1CiA A li TY ATTORNEY JEM/S//db/M283 L-t XAVIER L. SUAREZ, IVOR -3- 88-110 / � EXHIBIT "A" MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Southeast Overtown/Park West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami AIi.LHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assistant City Manager and Sergio Rodriguez, Director, City of Miami Planning Department or their successors. PROJECT DESCRIPTION: The Project consists of development in the Southeast Overtown/Park West Co pity Redevelopment Area through the Year 2007, including the following land uses and increments: Land Uses Increment I (1988-1994) Increment II (1994-1999) Increment III Totals (1999-2007) Office (gross square feet) 166,000 205,000 632,500 1,003,500 Retail/Service/General Commercial (gross square feet) 66,200 37,300 90,600 194,100 Hotel (roams) 0 500 600 1,100 Residential (dwelling units) 2,000 2,000 5,000 9,000 Convention (gross square feet) 290,000 310,000 0 600,000 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Southeast Overtown/Park West OTnunity Redevelopment Area, designated in 1982 by City Commission Resolution No. 82- 755, as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 209 acres of land. 1 SS-1i.0 L2,GRL DESCRIPTION OF SUBJECT PROP=Y: See Exhibit 2. DE'I1l'L1ONS: For the purposes of this Development Order, the following terms shall be defined as follows: Ann. or Application for Develoome-t. Approval: The original Apolrcation for Development Anpraval for the Southeast Ovei.to:.rn/Park Hest Cu„aunity Redevelopment Area filed by the City of Miami on February 6, 1987, pursuant to F.S. 38O.06 (1987). CADA or Consolidated Anplication for Development Approval: The revised AD, prred Pursuant to paxayiaph 21 an Page 12 herein. Certificate of Oc uos.ncy: A permanent or tet,ary and/or partial Certificate of uccunancy issued, pursuant to Section 307 of the South Florida Euildin Code, for any "Net New Development" as define: herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DE 1 : The Metropolitan Dade County Den rttment of Environmental Resources Manag etzent . DP.1: Oevelooment of Regional bract. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage, or number of dwelling units, hotel roams, or seats. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Develorsm ,L: Any construction or rs"cnnstruction which will result in a net increase, within any "Parcel of Land", of residential dwelling units, hotel roans, sets in attractions/ rpr-*-eation facilities or gross scTUare footage for office, government office, retail/service, convention, wnolesaie/imiustrial or institutional uses. Land uses to be removed by damulition of a building or structure may be credited against the proposed new 2 s7 38-110 lama uses for purposes of calct1icing the net increase, if the Planning Dix -tor determines that there was a valid Certificate of Occuparzy existing on the effective date of this Development artier for the and uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the prom ed land use based wean equivalent impacts as measured by peak hour vehicle trio generation. Any activity Which has on the effective date of this Development Order a valid building permit or arry currently effective development order shall not be included as Net New Development. The Planning Director ray exclude from Net New Devalopmert any small develozzrterrt under 10,000 she feet in floor area, if he finds that such development would have no regional impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries tray be established, and which is designated by its owner or developer as land to be used or developed as a unit or whim has been used or developed as a unit. Proae t: Tnat ProjeC dzsctior in the " PFOJECTDE5UUPflON" on Page herein. Project Area: The anew included within the legal description in Exhibit 2. ( Boutxde1 by I-95, N. 5th Street and Biscayne Blvd.) Tot.el Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Developmebt Order, together with any attendant Incremental Develouzment Order, and as ray be ML3if ied pursuant to F.S. 38'0. 06 (19) (1987) . The City may pe<rru.t simultaneous increases and decreases between the land use categories, provided that the regional- impacts of the land uses as Changed will not exceed the adverse regional innects of the Pro5ect es originally approved, as measured by total peak tour vehicle trips. i INDL.HGS OF EACF. : The following findings of a ct are hereby confirmed and adopted with respect to the Project: 3 i1 88--1.10. A. The findings ar)a determinations of fact set forth in the recitals is of the resolution to this Development_ Order are hereby oonfinmed. H. The real property which is the subj t of this Development order is legally described in Exhibit 2. C. The City of Miami filed the ADA with the City, the Council, and the Florida Department of Community Affairs. D. The ADA has been filed by the City of M marl pursuant to F.S. 380 . fm (22 ) (1987) authorizing the City of Miami to amly for development amaroval and receive a development order: for any or all of the area within its jurisdiction. Individn1 developments are not identified or required to be identified in the Caw. E. The purpose of the CkDA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Develop ent Order and the UUDA. The concept is to r c nine the Project Area as a single area of high intensity development and to focus the DP.1 review process primarily on the impacts that Dotal Allowable Levelornent within the area will have on land, water, transportation, environmental, community services, energy and odder resources and systems of regional significance. The CAL1A seeks a single 0 i review process for overall phased development of the Southeast Overtcwm/Park West Community Redevelopment Area rather than reziuiring ears individtal t 1 scale development within the &wntown area to file for serrate Dr8I reviews. Development within the Project Area is egaected to continue to be acLu.ulished over an extended period of time by a variety of developers, which may include the City. 'These developers ray respond to rrket derarx3 erd tecxzrx 1cgithat can only be estimated in the CODA. The CAUL, and the DO are intended to serve as flexible guides for planned development of the Project Area rather than a areri se blueortht for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks raster development aroroval far three increments of development over a period of enproximately twenty years and specific development approval for increment I, whiat is the first phase of development projected for a period of aoproxiarately five years. Subsequent incremental applications may need to be adjusted to rnre nperiy serve as 4 /f 8 8-11 C a Living guide recognizing the evolution of market demand and t no1ogies. G. The Project Area contains a total of approximately 209 acres. The C'DA proposes Net New Development within the Project Area for the land uses, quantities and Phases defined herein as Total Allowable Develoorant. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 0.987). I. A comprehensive review of the probable impacts that will be generated by the Project has been conducted by various City departments, as retlec ec in the CADA, and the South Florida Regional Planning Oouncil. staff. J. This Development order is consistent with the report and reocumendatiors Of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Southeast ove:tcwn/Park West CL“iiunity Redevelopment Area - Master", dated January 4, 1928. The South .Florida Regional Planning Council recommends approval of the ProjeCtt, and all conditions to which such approval is subject are reflected herein. The Project is oonsistent with the appl.irahl.e portion of the State land developnert plan and the Regional Plan for South Florida. L. The Project is in conformity with the adopted Miami Comere:ne_nsive Neighborhood plan. M. The Project is in accord with the district zoning classifications of Zoning Ordinance 9S00, as amended. N. Uhe Project will have a favorable imon ct on the economy of the City. P. The Project will efficiently use ponlic transportation facilities. Q. The Project will favorably affect the need for people to fir,: adequate housing raaconably accessible to their places of employment. R. The Project will efficiently use necessary public facilities. 5. The Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T. The Project will rot adversely affect living -conditions in the City. U. The Project will not adversely affect pThlic safety. V. There is a public need for the Project. cutArrusiCkS OF LAW: 5 7V RR--1 1 n That, raving shade the findings of fact contained above; the City Omission hereby concludes as a :ratter of law, the following: A. The City of Miami acting as a "downtown development authority" as defined in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make application for development' approval and receive a development order. 8. The Project colplies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miarii, and Lu,)lies with lrrpi land development regulations. C. The Project does not unreasonably interfere with the athieveme..L of the objectives of the adopted State land development plan apolicahle to the City of Miami or the Regional Plan for South Florida. D. The Project is consistent with the resort and recomendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. J80 (1987). E. Changes in the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developer" as City parks, shall rot constitute a substantial deviation under F.S. 380 (1987). ACP1(t TAKEN: That, having Trade the findings of fact and reached the conclusions of law set forth above, it is ordered that the Project is herd approved, subject to the following conditions: THE CITY, TS'S Silrt^r.SFGRS, ARD/OR ASSIGNS 30IRTLY Cat SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES Or OCCUPANCY FCR NET NEW DEVTTOPMENT PURSUAiTF TO AN APPROVED DEVrOPMEITT ORDER FOR E7 c d ilicRzyzau DEscRaFri HEREIN AND SHALL: 1. Require all develocm 4L pursuant to this DeveLocment Order to be in accordance with applicable building codes, land develocmerr reaulatioris, ordinances and other laws. 2. Within e months of the effective date of this Development Order, adore and inalanent a uniform ordinance that incorporates a reguS.rement that 8 w3 ss-11c Net New Developme-ts shall mulch; spray or plant grass in exposed areas to prevent soil erosion and minimize air pollution during construction. 3. Within 6 months of the effective date of this Development Order, adopt and implement a uniform ordinance that incorporates a requirement that Net New Develaaments stall. place temporary screens, terrors, and/cc rip - ran around sites under construction to filter or retain storrwater runoff during construction. 4. Within 6 months of the effective date this Developm�.L. Order, adopt and irplaner:~ a uniform ordinance or establish an accepted procedure to require Net New Developments to design, construct and maintain storm,ater management systems to meet the following Standards: a. Retain the runoff from at least a 5-year storm on eeth Parcel of Land wherever feasible and combs -rot drainage systems as proposed in the Consolidated Replication for Development i.Foroval (CRD. ). Consistent with the C,kUk, individual drainage systems must be designed to retain at least the first one -inch of store r a; emr runoff within drainage wells and exfiltration trenches. b. Install pollutant retardant structures (catch basin with down -turned inlet pibe or other Dade County Dry; -approved device( to treat all stormwatar runoff at each individual drainage structure and/or well, and. periodically rercve pollutant accumulations. c. Limit application of pesticides and fertilizers in vegetated storm water retention areas to once per yPr for preventive maintenance and to emergencies, sudh as uncontrolled insect infestation. d. Vacuum sweep all parking lots of eleven or more vehicle spaces and private roadways serving the barking lots at least once per week. e. Both during and following construction, prevent the direct flow of stormwater runoff (that has not been pre --treated - plIrsuant o. Condition 4a. above) into surface waters. 7 58--110 5. Require Net New Development to fly with Lade County hazardous waste requirements by the adoption and imnlanentation of a uniform ordinance, as may be found by the City to be applicable and necessary, providing for ha: ardour materials accident prevention, mitigation, and response standards, as described in•a. through h. below. These standards Shall be maintained by individual develops wilo shalt require by lease agreement or building rule that all tenants classified by a SIC code listed in Az _radix 12A-8 of the CAA, incc-kyorated herein by reference, that use, handle, store, eci play, cr generate hazardous (materials that are ignitable, corrosive, toxic, or reactive) , materials includirxr those identified on page 6 of A pandix 12A-a of the CADA with these standards; provided however, that the uses in and the wastes listed in Appendix 12A-8 of the CADA shall be sitm 1taneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the "County and Regiorel Hazardous Waste Assessment Guidelines" incorporated by Rule 17-31.03(2), Florida Administrative C'o,ie. At a minimum, these standards shall: a. Require that buildings or portions of buildirys where ha7�-.rdcus materials or hazardous wastes, as defined above, are to be used, displayed, bar -led, generated, or stored shall be constructed with '-Jfii_'�'�etrvious floors, without drains to ensure containment and facilitate cleanup of any spill or leakage, D. Prohibit any outside storage of hazardous materials or hazardous waste. The excepti,cc: to this condition is for retail gmxis typically associated with residential nursery activity, SUCK as c. lawn fertilizers and garden pesticides. Those arees used for the storage of these goods are subject to the requirement contained in Condition 5c. below. Require that any area used for loading and/cr uxyu?oading of hazardous material be cov r e3 and eauippe3 with a collection system to cantain leakage and accidental spills. d. Require all hazardous waste generators to contract with a licensed Public or private hazardous waste disposal servi.u:e or processing 8 e. facility and provide lade County DERN copies of the following forms of documentation cr proper hazardous waste management practices; a hazardous waste manifest; a shipment to a permitted hazardous waste raragemant facility, or a confirration of receipt of materials fcom a recycler or a waste exchange operation. Prohibit generation of hazardous effluents, unless adequate facilities, approved by Dade County ❑E4 and Florida D rtnent of Environmental Regulation, generating such effluents. z~e constructed and used by tenants f. Dispose of hazardous sludge materials generated by effluent pre-treatment in a manner approved by the Federal Environmental Protection Agency and the Florida Uc3.rtrrrent of Environmental Regulation. g Notify any tenant generating wastes of the penalties for improper distosal, of hazardous waste pursuant to F.S. 403.727. h. Allow reasonable access to facilities for monitoring by Dade County DERM, Council staff, and the Florida Department of Environmental Regulation to assure ormpliance with this Develoanent order and all applicable laws and regulations. o. Enact en ordinance miring Net New Develormant to remove all invasive exotic plants, including Melaleuce, Ca5n..rina, and Brasilian e✓pe<, from :heir Parcel of Land as the parcel is cleared, and use only those plant species ide:,i,ified in Appendix 8-4 of the CAM for landscaping. Additional species may be used only if written approval is provided by Council staff. Suer approval will be as an the st,ecies under consideration meeting the follarisig csiteria: a. does not require excessive irrigation b. does not require excessive fertilizer application C. is not prone to insect infestation or other pests R S-110 d. is not prone to disease e. does not have invasive root SyStens f . such other criteria as may be appropriate 7 Direct the City Manager to establish procedures whereby the Police Department and Fire Deaartmeit shall make recommendations to incorporate security measures into the design and operation of Net New Development. B. Collaborate with the Lade County School Pr+ard, by providing planning information and information on Net New Development of residential units, to address concerns regarding the availability and access to schools for stud&rts from future residential development within the project area. 9. Encourage the incorporation of energy conservation measures into the design and operation of Net New Development by requiring that, at e minimum, all Net Ned. Development shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code) . ib. As part of the building pewit application, prior to approving any activity involving rehabilitation, d:jrv1ition, or structuial changes to historic buildings listed in Exhibit 3 herein, require the applicant to su3orat to the Florida Dexartment of State Division of Archives, History, and Records Management and the City of Miami Planning Department photographs of the structure and a description of propproFn.sed activities for assessment of the potential affect on the historic property. Prior to approving any permit for ground disturbing activities related to construction or tree removal within the archaeological zones listed in Exhibit 4 herein, require the applicant to contact these same two agencies to make arra genents to survey and assess the area. This condition wall rat apply to those historic buildings and archeological :ones that are designated as Heritage Conservation districts pursuant to paragraph 12 below. 11. tter t to have all properties and archaeological zones an Exhibits p and 4 herein designated as Heritage Conservation districts under Article 16 of Zoning ordinance 9500, the Zoning ordinance of the City of Miami, Florida, as amended. 10 38--110 11. Pr all development activity, other than development on sites contain . in ahi.:bits 3 and 4 herein (since these sites are subject to Condition 11. arx3 12. above) , as pet of the building permit apoLication require the applicant, pursuant to state law, to notify the Florida De2ar-tment of State Division of Archives, History and Re:.ords Management of construction schedules, and where potentially significant historical or archaeological artifacts are uncovered during construction, permit State and local archeological officials to survey and excavate the site. When required by law, delay construction for uo to 3 moths in any portion of the construction site necessary to permit the archeological survey and excavation to be completed. 13. Monitor development and redevelopment activities to ensure that for each habitable unit of low income housing eliminated as a result of public action within the project area, the City will assist in the provision of standard low income housing through new construction and/or rehabilitation within the City of Miami. Any net loss of habitable 1aw- immme units within the study area must be counterbalanced by a gain in another are, of the City. 14. Withhold the issuance of building pa:.,,iits for Net New Development that cannot Obtain a letter of availability from the appropriate agency that wastewater treatment capacity will be sufficient to meet the needs of that development. 15. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that an adequate water supply will be available a meet the needs of that develop merit . 16. Withhold the issuance of building permits for Net New Development that cannot Obtain a letter of availability from the appropriate agency that solid waste dispoqal capacity will be sufficient to meet the needs of. - that development. 17. Have the authority to assess development for its proportionate share of the costs of irrbrovener"ts and/or services necessary to monitor and/or 11 9S--110 mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the meter plan for the Southeast Overton/Park West Clpnnunity Redevelopment Area, the Application for Development A proval, and this Developnett Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other r)sts reasonably related to the administration and imPlementation of this Development Order. "if necessary, the City shall establish a Procedure for re ting any funds collected in excess of those funds attribrrtble to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce caperaLianoe with this Development Order and to mitigate the impacts of Total Allowable Development." 18. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Developnet at a time, to be determined by the City, prior to or coincidert with approval of a building permit or Vejor Use Special permit. The City shall place reasonable time limits on all building perms and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net Ne..i Development in relationship to the time nessary to begin construction. 19. Upon the issuance of a Certificate of Occupancy far any Net New Developnelt, the City shall make appropriate subtractions from the amount of Total A11a..rable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 12 77 .5 5-110 26. The City shall integrate all original and supplemental A1 information into a Consolidated Application for Development Approval (C DA) and submit two copies of the aD to the Council, one copy to the City Clerk, arx3 one copra to the Florida Dc7er`unent of O..ununity Affairs within thirty (30) days of the effective date of this Development Order. The CAD shall be pre red as follows: a. there new, clarified, revised information was prw_ared subsequent to suhnittat of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of inforrsution needed or otherwise, the original -pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Ivu;nber" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 21. The mnsolictatea is LSr t3nn for 1,1eva oplent r..,-.rcval is irsco crated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987) , end local ordinances. Substantial compliance with the factsir.l representations contained in the Consolidated Application for Development Approval is a condition for approval unless waiver? or ,,,,dified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 22. All terns, propoqPis, suggestions and procedures proposed in the Application for Developmri. Approval, but not specifically incoziLurated in this Development Order, shall not be considered a cast of the Consolidated Application for Development Approval insofar as they may have been deemed to place a recls,;rement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any reauirenerrts of the City are specifically enumerated herein. 23. 'line following regional issues as they appear in the Consolidated Application for Development Approval have been sufficiently reviewed for the total Project. (extending through the year 2007) and Shall not be 13 RR-1 1 fl recuire6 to be reviewed as each incremental portion 0,1 the Soutt:heast Oves~tk, P rk west Q tmunity Redevelopment Area L T is samitte'd: Mats: Nan A - Trration Maps R-1, B-2, B-3, B--4 - Aerial Photo(s) Man C-5 - Flood Zones. Map D-1 - .existing Land Use Map E - Soils Map F - Vegetation !bars G-1, G-2 - Drainage Maps 1-1, 1-2, 1-3, 1-4 - Public facilities Question 5: Water Quality Question 6: Wetlands Question 7: Flood Prone Areas Question 6: Vegetation and Wildlife Question 9: Historical and ArChaeolcgical Sites Question 12: Other Public Facilities C. Energy D. Education E. Recreation and Open Space Question 13: Housing 24. The following regional issues as they apoe_r in the COnsolicate Application for Development Approval have not been sufficiently reviewed for the total Project {extending through the year 2007) and, as appropriate, will be required to be reviewed as each incremental portion of the Southeast CJvertawn/Park West Cuuuunity Redevelopment Area CFI is submitted: Question 1: Applicant Information Maps: Map H - Master Development Maps j series - Transportation Network Display Graphics and arils 14 55-1.10 Question 3: Project Description Question 4: Air Quality Question 10: Employment and Economic Characteristics Question 11: Transportation Question 12: Other Public Facilities A. Wastewater, Water, and Solid Waste B. Health Care, Police, and Fire 25. Grounds for denial by the South Florida Regional Planning Council of any subsequent applications for an incrsastal portion of this proused develoorma1 will be limited to any unresolved issues per-t inirg to Question 4: Air Quality and/or Question 11: Transportation. 26. The City shall prepare an annn,n1 report and submit copies to the Council, the City perk and Florida Department of ClJrtnun5ty Affairs on or before each anniversary date of this Develo_l rent Order. Ifs each development increment receives a Developmerit Order, the annual rcrz shall include the development covered by the incremental Develop-aent Order so that a single annual report is (=piled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 5. b. identification and description of any known Changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. c. A sugary crnperison of Total Allowable Development and Net New Development. proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of larx9 uses included within Total Allowable Development, and the acreage coned and developed as City sparks. d. An assessment of the Applicant's and the C%.ty's compliance with the conditions of approval contained in this Develo_prl2-t Order and the cc :nnitnen;s which are contained in the Application. far 15 DeveioFmer Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any known incremental or amended DR.F applications for development aporbval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next yeas. f. An indication of d;ange, if any, in City jurisdiction for any portion of the development since issuance of this 0eveiorment Order. g• A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18) (1987). h. F, copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i.A report 'from Dh»1 of any Xrcwh violations of the nn 7ardous weste requirements contained in paragraph 5 herein. j• The nuaber of lcw-incoming housing units lost fran demolition and conversion within the Project Area, as well as the total ntiber of new low in c.0 3e housing units within the City. k. Any other information requiredby the DFrrrt meat of Community .Affairs (DCA) in accordance with F.S. 360.06(18)(1987). 27. The deadline for commencing any development snail be two (2) years from the effective date of this Development Order. The tenaination date for completing develozmenL shall be December 31, 2007, provided that the Applicant, or its successors and assigns, L.,.ALvlies with paragraph .s4 herein. The termination bate may only be is ciified in accordance with F.S. 3&U.06(19)(c)• (1987), 28. The effective sate of this Development Order shall be 45 days from its transmittal to the Florida Department of cLLLIunity Affairs, Council, end Applicant; provided, however, that if this Development Order :s 16 3/ . -1ft? acoealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 360.07(2) (1907). 29. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial uelvliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the r�pA_ licarr anal/or the City or any oe:mittee or landowner of any Parcel of Land violates (hereinafter 'violator") the provisions o; this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of rand, in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land, upon passage of any appropriate resolution by the City, adopted in accordance with this se ion, finding that such violation has occurred. The violator will be given written notice by the City that states: i) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said entice, the City will hold a public hearing to consider the ratter within 60 days of the date of said notice. in the event the violation is not curable in 30 days, the violator's diligent ycc5 faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order ww11 remain it full force and effect unless the violater does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and service; to the Parcel of Lam in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DaA, one City, and Council staff, to amble the City to enforce the terns of this Development Order to the fullest extent, while providing due process to all Developers under this Development Order. 17 RS-i1Q 36. The Southeast Overtown/Park West Project. Director, is hereby designated to monitor compliance with all conditions of this Developnrs0L Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, : provided the same are not inconsistent with the tires hereof or of F.S. 383 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Project Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 950U, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of Faregrar5n 31 herein. 31. The South Florida Regional Planning Council DRI raciro and reoameradations, entitled "Development of Regional Impact Assessment for Southeast Overtown/park West Community Redevelorneit Area - tester", date's January 4, 1988, is incoLwrated herein by reference. 33. within 30 days of the effective date of this Development Order, it shall be recorded with the Cleric, Dade County Circuit Court, pursuant to F.8. 360.06(15) (1987), specifying that the Development Order runs with the land and is binding on the ,Applicant, its successors, and/or assigns, jointly or severally. 33. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380 (1987) to file an Application for Development Approval and cbtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and be eAles effective, the individual development order shall control development of the property covered by the individst development order and the ',ee ld and conditions of this Develounsst Order shall no longer be binding upon the property. Any such individual development orders shall, by their term, be consistent with the objectives and conditions of this Development order. 34. This Develoonert Order shall rot repel, nor amend in any way, any other currently effective development order or building permit within the 18 33 95-110 subje t area previously issued by the City Commission pursuant to F •S. �£0 (1997j. This Development Order shall not create nor authorize the oration or imposition of any additional requi_reneits or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragrath, the City shall continue to nave whatever authority pursuant to law it may nnw have or may acquire in the future 4other than by virtue of this Development Order) . 35. This Development Order shall not create nor impose any additional requirements or restrictions tau n the City with respect to its powers to enact ircpaot fee or assessment ordinances on deveiorment, including Net New Development under this Development Order and future developne-rt of the City, as such impact fccs or assessments pray be authorizes by law. an. In the event that a substantial deviation is detnmined under the terms of this Develouna1t Order or F.S. 380 (1987), the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 37. In the event that this Development Order is sub3e t to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this De-velopnc.ht Order or under the powers granted it by state law, be permitted to continue to issue building petits and Major Use Special Permits until such time as a final resolution of the litigation occurs. 38. Upon the adoption of the local government comprehensive plan Pursuant to P.S. 163.3161 (1985) 4 as ame).Lied, for the City of Miami, the City may rescind this Master Development Order at the oampletion of the first increment in the event that the City, after a public hearing, deems such action is in the best interest of the City. 19 98-110 3UTHIAMT OVERTOWN J PARK VEIST DOWNTOWN 1:1tA0 - DRI B®WWDA Y MAP SOUTHEAST OVERTOWN f PARK WEST — DEV 33 35-110 ax 131T2 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Begin at a point at the intersection of the center line of H.E. 5th Street; thence west on the center line of N.W. 5th Street (and N.W, 5th Street) to the east ROW line of 1-95 to the south ROW line of 1-395 to the center line of Biscayne Boulevard; thence southerly on the center line of Biscayne Boulevard to the point of beginning. The above described area contains aproximately 209 acres. 31, UXt 1T a 11111llll 111!O1t11 �l11i11111 010110111111 . minlll 1111111111 1111111111 (III11111I i LLI I[ jffl l l l 1 11111.111 I 11l1t11111 IIII l tflIIIII 1 - 600 BISCAYNE BLVD, (FREEDOM TOWER) MOT TO DOPL 2 - 540 BISCAYNE BLVD.; (FORMER TEXACO STATIO1) 3 - 500 N,E, - 1 AVE, (CENTRAL BAPTIST CHURCH) 4 - 49 N,W, - 5 ST, (SALVATION ARMY) 5 - 819 N,1, - 2 AVE, (LYRIC THEATER) 6 - 245 N.W, - 8 ST (BE HEL. ARE CHURCH) 7 -- 250 N,W: - 9 ST (D.,A., DORSEY Ha1SE) S - 227 N,W. - 9 ST (COLA NIP.BUILDI6) 9 - 301 N,W, - 9 ST (MT, ZION BAPTIST MACH) 10 - 1042 - 1050 N , . 3 AVE (EBENEZER FIST MICH ) 11 - 1328 N,W., 3 AVE (ST, JOHN THE BAPTIST C CH) HfSTORhC PLACES SOUTHEAST OVERTOWN / PARK WEST ®D�1 RS--11 gXFaI= 4 7 =IIUIIIII IIINI 111111111 11111111i Hlttll111 BISCAYNE ARICHEOLOOICAL, ZONE FdOT TO &CALl1 ARCHEOLOQ CAL NAP SOUTHEAST OVERTOWN / PARK WEST — DR1 State of Florida Department of Community Affairs Bureau of Land and Water Management 257i Executive Center Circle, Kant Tellehaaoee, Florida 32301-8244 (904) 488-4925 St bm-07--85 Suboection 380.06(16), Florida Statutes, platen the reeponeibility on the developer of as approved Development of Regional Impact (DRI) for eubaitriag an annual report to the local government, the Regional Planning Coaecil the DeparCaeot of Coaounity Affairs, and to all affected permit agencies, on the date specified in the Development Order. The failure of a developer to eubeit the report on -the date epeciftad in the developaeot order nay result in the temporary eaapension of the developnent order by the local government until the annual report is eubnitted to the review agencies. This requirement applica to all Developnentn of Regional impact which have bean approved since August 6, 1980. if you have any questioaa about this required report, call the DRL Enforce:seat Coordinator at, (904) 488-4925. Please send the original completed annual report to the designated local government official stated in the developeent with (1) copy to eAch of the following: a) The regional planning agency of jnrsidition; b) All affected permitting agencies; c) Division of Resource Planning and 14anagaeent Bureau of Land and Water Management 2571 Executive Center Circle, Eliot Tallahassee, Florida 32301 Pima fornet youy Annual Status Report after the foreat example provided below. Reporting Period: Development: Lotntion: ANNUAL STATUS REPORT to Month/Day/Year Noeth/Day/Year Name of SBA City dcitsety Developer; Name; Addrena: Company Napo Strout Location City, State, Sip Code 39 se-11C: EIMUCIT Fla 2 31.W} —07-85 1) Deacribe any changes made in the propound plan of development, phasing, or in the rspreeentations coetained in the Application for Development Approval rsiece the Development of Eegional Impact received approval. Plena° note any actions (cubctentfal determinations) taken by local government to address there changes. Note: If a reoponne is to be note than pee aonteace, attach an Exhibit 'A' a detailed description of each change and copies of the modified site plan dravinge. Exhibit 'A' ohould also address the following additional items if applicable. a) Deacribe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) State any known incremental Afi.I applications for development Approval or requeete for a aubataatial deviation determination that were filed in the reporting year And to be filed during the next year; c) Attach a copy of Any notice of the adoption of a development order or the oubsequent modification of ao adopted development order that ©es recorded by the developer pursuant to Subsection 300.06(14)(d), F.3. 2) Han there been a cheege is leenl government jurisdiction for any portion of the development since the development order vas lesued7 If no, had the annexing local government adopted a new Development of Eaglonnl Impact development order for the project? Plnace provide a copy of the order adopted by the annexing local. government. 3) Provide copies of any revised neater plane, incremental cite plans, etc., not previously aubnittnd. Note: If a response in to be more theta ono or tan aes:teocee, attach an Exhibit V. 4) Provide a curiaary conparicon of davolepoont accf041ty proposed and actunlly conducted for the reporting year. Example: ?lumber of duelling unite constructed, site improvements, lots cold, acres mined, groeo floor area constructed, barrel of storage capacity completed, peroita obtained, etc. Mote; If n response is to be pore than ode aoatonen, attach nu Exhibit 'C 5) Have any undeveloped tracts of load in the development (other than individual dingle —family iota) bean mold to a meperate entity or developer? If so, identify tract, its eino, and the buyer. Pleana provide naps Which shoe the tracts involved. Tract Sayer L/0 88 -11C SLim-07-65 Note: If A response to to be more than one sentence, attach as Exhibit 'D'. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact pits subsequent to Issuance of the development order. Identify ouch land, its size, and intended use on a cite plan and nap. Noce: If a response to be more than one oentauco, attach na Exhibit 'E'. 7) List any substantial local, atato, and federal permits which have been obtained, applied for, or denied, during thin reporting period. Specify the agency, type of pertstt, and duty for each. Note: If a response in to be more than one sentence, attach ec Exhibit 'F'. 8) Assess the development -a and local government's continuing compliance with any conditions of approval contained in the DRI development order. Note: Attach ne Exhibit 'G'. (nee attached form) by 9) Provide any information that to specifically required the Development Order to be included in the annual report. 10) Provide a atatesaent certifying that all persons have been pent copies of the annual report in conformance with Subeeetlons.780.Q6(14) and (16), F.S. Person completing the questionnaire: Title: tepreaenting: J-88-132 2/10/88 REsou ioN NO. •�i 8-1 11 A RESOLUTION CONCERNING THE SCUI'HEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI DESIGKAAJ IN 1982 BY RESOLUTION J. 82-755; AS THE SOUTHEAST OVERTGFN/PARK WEST COMMUNITY REDEVELOPMENT AREA (MORE PARTICULARLY DESCRIBED HEREIN), PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE CITY OF MIAMI; AUTHORIZING AN INCREMENT I DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL, IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE 'SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT W THE CONDITIONS OF THE INCREMENT I DEVELOPMENT ORDER ATTACH HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPOT AND RECOMMENDATIONS OF THE SOUTH FLORIDAREGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND THE INCREMENT I DEVELOPMENT ORDER TO AFFEU'. LI) AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACT1C{4S NECESSARY TO FULFILL THE CITY`S OBLIGATIONS UNDER THE INCREMENT 1 DEVELOPMENT ORDER; AND PROVIDING A SEVERAHILITY CLAUSE. WHEREAS, on February 6, 1987, the City of Miami submitted a c,-nalete Application for Development Approval for a Development of Regional inrsact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, pursuant to F.S. 380.06 (1987), for the ongoing development trough the.Year 2007 for the area designated in 1982 by City Ccin issicn Resolution No. 82-755, as the Southeast Overtown/Park west Community Redeve14+irnt Area, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 3, 1988, Item No. ib, following an advertised public hearing, adopted Resolution No. PAR 12-68 by a 8 to 4 vote, RECOMMENDING APPROVAL of the Increment 1 Development Order, as amended, for the Southeast Overtc n/Park West Community Redevelopment Area as attached hereto; and WHEREAS, on February 11, 1988, the City Commission conducted a public hearing pursuant to F.S. 380.05 (1987); and ATTACUITS NA' 1 CITY COMMISSION MEETING OF F E B 11 19 B RESOLUiIaN ND, 88-111 r,EMr,S: WHEREAS, the City Commission considered the Application for Development Approval, the report and recttar ndations of the South Florida Regional Planning Council, and each element required to be considered by F.S. 380.06 (1887); and .WHEREAS, the City Ccamission determined that all requirements of notice and other legal requirements for the issuance of the proposed Increment I Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Increment I Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE C IISSION OF THE CITY OF MIAt1I, FLORIDA,: Section 1. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Increment T Development Order for the Southeast Overtown/Park West Community Redevelopment Area, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to an area of the City of Miami designated in 1982 by Resolution No. 82-755 , as the Southeast Overtown/Park West Community Redevelopment Area, as more particularly described in Exhibit "A". Section 2. The Increment I Development Order for the Southeast Overtown/Park West Community Redevelopment Area, (Exhibit "A"), is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Increment I Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; and The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida, 33021. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Increment I Development Order for the Southeast Overtown/Park West Community Redevelopment Area (Exhibit "A"), BS-1-11L3 Section 5. In the event that any portion or section of this Resolution or the Increment I Development Order for the Southeast Overtown/'2ark West Community Redevelopment Area (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Increment I Development order for the Southeast O ertown /Park West Community Redevelopment Area (Exhibit "A"), which shall remain in full force and effect. PASSED AND ADOPTED this 11th day of February , 19M. F � ATTEST,: MATTY HI RAI CITY Cr,F- j PREPARED AND APPROVES 5Y: 00E E. MAXXWELL AS 1STANT CITY ATTO EY APPROVED AS TO FORM AND CQ�S: ! llJCIR A. COlriERTY CITY ATTORNEY JEM/S/rrp/M2B4 - 3- XAVIER L. SUABEZ,-1AYQR 88-1.11 '/y EXHIBIT IBIT "A° INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: The Southeast Overtown/Park West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami ALTX9ORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assistant City Manager and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in the Southeast Overtown/Park .hest Community Redevelopment Area through the Year 2007, including the following land uses and increments: Land Uses Increment I Increment II Increment III Totals i1988-1594) (1994-1999) (1999-2007) Office (gross square feet) 166,000 205,000 632,500 1,003,500 Retail/Service/General Commercial (gross square feet) 66,200 37,300 90,600 194,100 Hotel (row) 0 500 600 1,100 Residential (dwelling units) 2,000 2,000 5,000 9,000 Convention (gross square feet) 290,000 310,000 0 600,000 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Southeast Overtown/Park West Community Redevelopment Area, designated in 1982 by City Commission Resolution No. 82- 755, as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a -total of approximately 209 acres of land. .LF.?vAL OESCR TIC OF SUBJECT PROPERTY: See Exhibit 2. - 1 75 88-ill DEFINITIONS: For the purposes of this Development Order, the following terns shall be defined as follows; ADA or Application for Development Approval: The original Application for Development Approval for Downtowi Miami filed by the City of Miami on Fsbrn ry t, 1987, pursuant to F.S. 380.06 (1987). CADA or Consolidated Rmlication for Development Auproval: The revised ADA prepared pursuant to paragrarh 16 on Fage 13 _ herein. Certificate of occur. ncy A permanent or teut.,urary and/or partial Certificate of Occupancy issued, vursuant to Section 307 of the South Florida Building Code, for any "Net New Development" es defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. IDERM: The Metropolitan Dade County Department of Environmental Resources Management. . ERi: _Develop:mart of Regional Impact. Deuelormezt Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or nunbe of dwelling units, hotel mans, or seats. FUR: The Florida Departmant of Environmental Regulation. Major Use Special Permit: A specia1 pit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Development: Any construction or reconstruction which will result in a net increase. within any "Parcel of Land", of residential dwelling units, hotel ruAio, seats in attractions/recreation facilities or gross sure footage for office, government office, retail/service, convention, .wnolPselefirldustrial or institutional uses. Land uses to be rrsiuved by demolition of a building or structure ray be credited against the proposed new land uses for purposes of calculating the net increase, if the Planning 2 R —11I Director determines that there was a valid Certificate of Occupancy existing on the effective date of this Development Order for the lama uses to be demolished. If e change of land use is proceed, the Planning Director nay credit the prior land use against the promaerl land use based upon equivalent impacts as measured by pale hour vehicle trip generation. Any activity which has on the effective date of this Development Order a valid building oerrnit 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. Parcel of Land: Any quantity of land ca.pPhle of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or develoraer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PRDJECT DESCRIPTION" on Page herein. Project Area: The area included within the legal description in Exhibit 2. (The area hounded by I.-395, I-95, N. 5th Street and Biscayne Blvd.) Total -Allowable Development: The quantity of Net. New Development for which Certificates of Occupancy may be issued under the terms and conditions of this Development Crder, tcrgedner with the applicable Master Development Order, as trey be modified pursuant to F.S. 380.06(19) (1987), and measured by the following larxi uses: Office 166,O00 gross square feet which shall be Retail/Service 66,200 gross square feet Reside-jt;P1 2,000 dwelling units Convention 290,000 gross square feet The City may pehnit simultaneous .increases and decreases in the above described land use categories, provided that the regional i acts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. 3 142 R8--i11 FThTD1NGS OF FACT: The fo11o4ing findings of fact are herby confirmed and adopted with respect to the Proj ct: A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property Whi.uh is the subject of this Dsve1ormerrt Order is legally described in Exhibit 2. • C. The City of Miami file] the ALA+ with the City, the Council, and the Florida Department of Comminity Affairs. D. The DD has been filed by the City of Miami pursuant to F.S. 380.06(22) (19E7) authorizing the City of Miami to apply for de✓elopment approval and receive e development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the Cam. F. The purpose of the CADA is to identify and assess prop hle regional impacts and to obtain approval for Total Allocable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review prods primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, comunity services, energy and other resources and systems of regional significance. The CADA seeks a single Dili review process for overall phased development of the Southr-' -t Overtc n/Park west Cumunity Reievelopme-rt Area rather than requiring eabh DPI scale develnpmerit within the downtown area to file for separate DRI reviews. F. Development within the Project Area is ecoected to continue to be ac6.omplishe3 over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the C DA. The C DA is intended to serve as a flexible guide to planned develorrne-rt of the Project Area rather than a orecise blueprint for its development. 4 r1r 85-111 Therefore; pursuant to F.S. 380.06(21) (b) (1987). the CADA seeks master derelo_rmerit agaroval for three increments of develognerzt over a pericd of approximately twenty years and specific develognent approval far Increment I, which is the. first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as a living guide rejnixing the elution of market dean and technologies. G. The Project Area contains a total of aporccxinately 209 aces. The CLDA proposes Net New Development within the Project Area for the .]and uses, quantities and phase defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 360 (1987). I. R r,..1,rEhensive review of the pi -doable impacts that will be generated by Increment I of the Project has been conducted by various City cIFTartments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Orclar is consistent with the report and rr uiciiendatiors of the South Florida Regional Planning Council, entitled "Development of Regional liapact Assessment for the Soutnesst, Overtownj ark West Q miunity Redevelopment Area - Increment I", dated January 4, 1988. The South Florida Regional Planning Council recommends approval of Increment I of the Project, and all conditions to which such approval is subject are refletit.ed herein. K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional. Plan for South Florida. L. increment I of the Project is in conformity with the adopted Meru C:rr rehansi;ve Neighborhood Plan. M. Increment I of the Project is in accord with the r;i gtrict z nin9 classifications of Zoning Ordirence 95b0, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. P. increment I of. the Project will efficiently use public transportation facilities. Q. Increma,L I of the Proj=t will favorably affect the need for people to find adequate housirr rwgona.bly accessible to 'heir places of eataloym}ent . 5 LI �j SS--111 R. Increment I of the Project will efficiently use necessary public facilities. S. Increment 1 of the Project will include adeguate mitigative measures to assure that it will not adversely ef.fC.-t the eavirorment are natural resources of the City. T. Increment I of the Project will not adversely affect living contrition in the City. U. .Increment I of the Project will not adversely affect riiblic safety. V. There is a public need for Increment I of the Project. CCNcLuSlOt s OF LAW: That, having made the findings of fact contained above, the City 0...m rission hereby concludes as a matter of law, -the following: 3. The City of Miami acting es a "downtown development authority" as defined in F.S. 380 (1987) , and is authorized by F.S. 380 (1987) to make application for development approval And receive a develoQnelt order. B. Increment 1 of the Project u,.wlie; with the Miami Cmprdiensive Ueig} orhmd Plan, is consistent with the orderly development and goals of the City of Miami, and cal -plies with local lard development rey- Jations. C. Ircretnent• 1 of the Project does not unreasonably interfere with he achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. t . Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does ant unreasonably interfere with any of the considerations and objectives set forth in F.S. 360 (1987). E. Changes in Increment I of the Project which do not excel. the Total Allowable Development or which cro not result in a net reduction of more than 5 percent in total acreage zoned and developed as City pAl-ks, shall not constitute a substantial deviation under F.S. 38 (1987). 6 59 J 88-111 That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved. subject to the following conditions: THE CITY, /TS SUCCESSORS, AND/at ASSIGNS JOINTLY CR SEVERALLY MAY ISSUE BUILDING mMITS AND (...RTIFICATES OF OCCUPANCY POR 11711.L ALLCKkELE D'rV-DFME Tr, Fi..iRSUANr TO THE TEAS AND C OND1TIC115 OF THLS fx uor, wT TOGETHER WITH UT ATTENDANT' MASTER DDV—01?IENT CRIER AND SHALL: 1. Require all develomnent pursuant to this Development Order to be in accordance with applicable building axies, land development regulations. ordinances and other laws. 2. For the pie of lase -line data collection, 'conduct air cnsality monitoring for carbon monoxide (CD) concentrations based on the following requirements: a. CO monitoring data shall be provided for the Project area at one lnrA riots. O. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through March 15th. c. The monitoring shall be completed prior to the issuance of any certificate of occupancy within that location for the first developmeit urrier this Developnetnt Order which meets 100 percent of the presurptive threshold for Developments- of Regional Impact pursuant to Rule 27F, F.A.C., within that sun -area; or prior to M rd-i 15, 1991, whichever cxmes first. d. The monitor will be located at the presumed worst case intersection for the development area. The location will be selected jointly by the City, Florida Department of Environmental Regulation (FDi ), ride County Environmental Rpnurces Management (DERM), and Council staff. 7 88-111 e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERN and submit final air quality monitoring reports to FtER, , DIEM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality „eling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The naieling mall be oomaleted within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 3a. below. The air quality nu. ueling shall follow FDER guidelines and shall: a. Be limited to no more than five (5) intersections to be selected from among the intersections projected in the CrADA to operate at level of service E or F. The intersections shall be selected jointly by rpm, DERM, the Council staff, and the City. b. Be submitted in a detailed and o rr rensive air quality analysis to FDER and DERM for cxxrment and review, and to the Council staff and the City for review and approval. c. include proposed Changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality hodeling study, as describes in paragraph 3 above, are more than 85 percent but Less than 100 percent of the State standards for CD o ncerztrations, implement an air quality monitoring and Abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for iznplmentation, must be approved by the Council stuff and the City subsequent to review and 6.taua -zt by FDER and DERM. The program may include, but is z,.,,t, limited to, the following techniques: a. Physical planning measures (e.g. signaiization, parking area locations, eArlition of turn lanes, etc.). b. The continuance of monitoring. 8 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO oanceitrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will ix± occur, or that the Net New Development seeking approval will not contribute to the predicted CD violation, or that any potential COadditions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and „uent by FDFR and 'CUM) prior to issuance of building permits for the partic,,t.r Net New Development. Such documentation may include a modeling study Which incorporates measures such es those contained in Cor±ition 4a., and b., above. This documentation must be approved by the Council staff and the City subsequent to review and cuTrrltt by FLYER and DE1. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exce dences. b. Before the earlier skate of a. or b. specified below: a. Four yews after the effective date of the Development Order, or b. The date of issuance of certificates of occupancy for more than 1,600 residential units, complete the construction of four -lane widening of N.W. 1st Avenue from N.W. 2nd Street to N.W. 10th Street. 7. Witold the issuance of building permits for Net New Devel.oranent if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applirhle ctnverrznental agies to erasure that the Metramover Stage II herein be completed as identified in the current Metropolitan Planning Organization's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 1992, the Metro over Stage II iu rovenents are not substantially under construction, as determined by Council staff. then this situation will be considered a si:hctantial deviation =_u11 the 9 C { J J 6®--111 mitigative efforts anticipated to offset the adverse intsxactts of Total Allocable Development. In this event, the Applicant shall be required to undergo arirlitional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.05,(19) (a) (g) and 01), (1986). Such additional Development of Regional -.moact review, i.` required, shall be initiated by March 31, 1993. Net New Developments rich have Obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review. 9. Have the authority to assess development for its proportionate snare of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Developn-t Order. "If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to imolenent this Developnet Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development." 10. Establish Des:esber 31, 1993 as the date until which the City agrcco that the granter of building permits or Major Use Special Permits for new develognent, under the Southeast Overtoan/Park west C trmunity Redevelopment - lncrene L I Development of Regional Impact shall not be subject to down -zones, unit density reduction, or intensity reduction to the extent of the amount of develoanelt included within the building per.init or Major Use Special Permit, unless the City can deaOnstrate that 10 substantial. Changes in the conditions underlying the approval of the development order bave occurred, or that the development order was lased on svhh tantially inaccurate information provided by the Acplicant, or that the Change is c1e=rly essential to the r' +lic health, safety or welfare. 11. The City shall monitor the opacity of Total Allowable Development by rase viral the amount of Development Credits necessary for Net New Development et a time, to be determined by the City, prior to or coincident with approval of a building psmit or Major Use Special permit. The City shall puce reasonable time l.ioits on all building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period an:_ablishe3 by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 12. Upon the issuance of a Certificate of Occrrncy for any Net New 1)e,,elopmat, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shall be issues. for Net New Development which would, in the aggregate, exceed the amount of Ibtal Allowable Dev elopmerrt under this Development Order. 13. The City shall integrate all original and supplemental AID information into a Consolidated Application for Development Approval (CRilA) and sutrnit two copies of the CALA to the Council, one copy to the City Clerk, and one Dopy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. here new, clarified, Cr revised information was Pr�are3 subsequent to submittal of the ADA but prior to issuance of this Develocment Order, whether in response to a formal statement of 11 55 s871.11 information needed or otherwise, the original rages of the ?` ; will be replaced with revisal pages. b. Revised pages will have a "Page Number (R) - Date" rotation, with "Page Number" being- the nub of the original page, "tat" indicating that the page was revised, and "Late" stating the date of the revision. 14. The Consolidated Application for Develoanezt Approval is sno`rrr..orated herein by reference and will be relied upon by the parties in disthargirrg their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compli.ance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or i 3ified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 15. All tens, proposals, suggestions and procedure: proposed in the Application for Development Aroroval, but not specifically i_ncoiL'_ ate in this Development Order, shall not be considered a part of the Consolidated Application for Development Abproval insofar as they may. have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically enumerated herein. 16. The City shall pr—re an annual report and submit copies to the Council, the City Clerk and Florida Derartrment of Community Affairs on or before each anniversary date of this Development Order. The annual report for Fkxantc n Miami - Increment I must also be incorporated into the annual report required in the Southeast Overt/own/Park West C awanity Recdevelupne;1t Master Development Order so that a single annual rr • rt is ui i i1ed for the entire Project. The annual report shall include, at a r(tinimun a. A w,rplete response to each question in Exhibit 3. b. Identification and description of any known Changes in the plan of nevelop ent, or in the representations contained in the CALA, or in the p3-,asing for the rerorti.rg year and for the next year. 12 7 fl,..,,4 4 -4 c. A summary =caparison of Total Allowable Development and New, New Development proposal and actually acoroved during the year, including locations, acreage, square footage, nuwer of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's any the City's compliance with the conditions of approval cxarttained in this Develocmelt Order and the commitments which are contained in the Application for Developnek, Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended applications for development approval cr requests for a substantial deviation det=mination that were riled in the reporting year or to be filed during tyre next yr. f. An indication of Change, is any, in City jurisdiction for any portion of the development since issuance of this Development Order. 9• A statement that all persons have been seat Dopes of the annual recort in conformance with F.S. 380.06 (18) (1987). h. A copy of any recorded notice of the, adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). i. Any other information required by the Department of Ctrrtrnsnity Affairs (DCA) in accordance with F.S. 380.06 (18)(194.7). 17. The deadline for commencing any deve)oprnt. shall be two (2) yrs from the effective date of this Development Order. The torru.n.tion date for completing development snail be December 31, 1992, provided that the Applicant, or its successor 5 and assigns, flies with parayizph 25 herein. The to ni.n3tion date nay only be e i..di.fied in accordance with F.S. 380.06(19)(c) (1987). 13 RR-1 1 4 S. 18. The effective date of this Development Order shall be 45 days i..uu its transmittal to the Florida De artmeat of Community Affairs, Council, and Applicant; provided, however, that if this Developnezt Order is appealed, the effective date will rrst start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 38C.07(2) (19ti7) . 19. The City shall not violate any of the corditioas of this Development Order or otherwise fail to act in substantial onpliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any e:xtity controlled by ;he Applicant andjor the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon -passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said ioLice, the City will hold a public ha.rir� to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to ocr[pietion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Develotrne-t Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph 14 racy be modified from time to time by written a91'esne1t by the COk, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing.due process to all developers under this Development Order. 20. The Director of the Southeast Ov town/Park West Project in conjunction with the Planning Director, is hereby designated to monitor c.rl,uliance with all conditions of this Developne-rt Order and shall have the duty and authority to interpret the provisions of this Development. Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are rct inconsisttaii with the terms hereof or of F.S. 380 (1987) , or duly pLauulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 21. The South Florida Regional Planning Council re--nrt and recommendations, entitled "Development of Regional Impact Assessment for the Southeast Uvertown/Park West Community Redevelopment Area- Increment I", dated January 4, 1988, is incorporated herein by reference. 22. Within days of the effective date of this Development Order, it shall be rp-nrde3 with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.0 (15) (1987), specifying that the Development Order runs with the lard and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 23. The existence of this Development Order shall not act to limit or proscribe the rights of any person under E.S. 380 (1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order.' is approved and bei•,.,nes effective, the individual development order shall control development of the Property covered by the individual development order and the tern and 15 oonditiors of this Development Order shall no longer be birxiing 1i =,n the property. Any sudh individual development orders shall, by their twaid, be consistent with the Objectives and conditions of this Development Order. 24. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building pe_nit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1967). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any presor future development under any currently effective Development Order or building permit issued prior hereto. Notwithstandirg this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 25. This Development Order shall not create nor impose any additional requirements or restrictions v?rnn the City with respect to its powers to enact intact fee or assessment ordinances on development, including Net New Development under this Developmerst Order any future development of the City, as such impact .fees or assessments may be authorized by l w. 26. In the event that a substantial deviation is determined under the tcns of this Development Order or F.S. 380 (1987), the City shall retain its ability to issue building permits and Major Use Special Permits and Shall continue to co so unabated, subject to the terms and conditions of this DeveloprienL Order. 27. 1n the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Developmc r Order of under the pcsi s granted it by state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs. 16 EXHIBIT 2 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Begin at a Point at the intersection of the center line of N.E. 5th Street; thence west an the center line of N.W. 5th Street (and N.W. 5th Street) to the east IOW line of 1-95 to the south ROW line of I-395 to the center line of Biscayne Boulevard; thence southerly on the center line of Biscayne Boulevard to the point of beginning. The above described area contains aproximately 209 acres. 17 D°1r 1 4046 SOUTHEAST OVERTOWN 1 PARK WUST - DOWNTOWN "{A DRI BOUNDARY �iri�l�4�iL1 14OT TO GA" SOUTHEAST OVERTON i PARK WEST ® ID 8Xtti9iT R LEGAL DESCRIPT/ON OF SUBJECT PROPERTY: Begin at a point at the intersection of the center line of N.E. 5th Street; thence west on the center line of N.V. 5th Street (arid R.W. 5th Street) to the east ROW fine of I-95 to [he south ROW line of 1-395 to the center line of Blacayne Boulevard; thence southerly on the center line of Biscayne Boulevard to the point of beginning. The above described area contains aproxiaately 209 acres. State of Florida Department of Community Affairs Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 488-4925 BLWH- 07-85 Ex)uarr 3 Page 1 Subeestion 380.06(16), Florida Statutes, places the reaponaibtlity on the developer of an approved Development of Regional Impact (Dill) for aubmitting an annual report co the local government, the Regional Planning Council the Department of Community Affairs, and to all affected permit agencies, on the date specified in the Development Order. The failure of a developer to submit the report on the date specified is the development order may result in the temporary ouopenaian'of the development order by the local government until the annual report is submitted CO the review agenciea. This requirement applies to all Developments of Regional Impact which have been approved since August b, 1980. if you have any questions about this required report, call the DRI Enforcement Coordinator at, (904) 488-4925. Please send the original completed annual report to the designated local government official 'stated in the development with (1) copy to each of the following: a) The regional planning agency of jursidition; b) Ail affected permitting agencies; _) i7lainn of Resource Planning and Management Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301 Please format youy Annual Statue Report after the format example provided below. Reporting Period: Development; Location: ANNUAL STATUS REPORT to Ho nth/Day/Year Month/Day/Year Name of Dal City County Developer: /tare: Address: Company Name Street Location City, State, Zip Code EXHIBIT 3 - Pegg 2 BLW14-07-H5 1) Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval niece the Development of Regional Impact received approval. Please note any actions (subataatial determinations} taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit "A" a detailed description of each change and copies of the modified Elite plan drawings. Exhibit "A" should also address the following additional items if applicable. a) Describe changes in the plan of development or phasing far the reporting year and for the aubaequeot yearn; b) State any known incremental DRI applications for development approval or requests for a subetential deviation determination that were filed in the reporting year and to be filed during the next year; c) Attach a copy of any notice of the Adoption of a development order or the subsequent modification of an adopted development order that wag recorded by the developer pursuant to Subsection 330.06(143(d), F.S. 2) Haa there been a change ' in local government jurisdiction for any portion of the development wince the development order was issued? If so, hem the annexing local government adopted a new Development of Regional Impact development order for the project? Please provide a copy of the order adopted by the annexing local government. 3) Provide copies of any revised master plane, Incremental site plans, etc., nor previously submitted. Note: if a response fa co be more than one or two sentences, attach as Exhibit E. 4) Provide a summary comparison of development actl'vity proposed and actually conducted for the reporting year. Example; Number of dwelling units eonutructed. Bite improvements, loco sold, acres mined, gross floor - area constructed, barrel- of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. 5) Have any undeveloped tracts of land in the development (other than individual single-family late) been sold to a aeperare entity or developer? If an, identify tract, its size, and the buyer. Please provide maps which show the tracts involved. Tract Buyer r EXHISIT Pogo RI-WM-07^95 Note: If a response is to be more than one sentence, attach an Exhibit 'D'. 6) Dencribe any lands purchased or optioned adjacent to the original Development of Regional Impact pits aubaequent Co issuance of the development order. Identify such ].and, its sine, and intended use an a site plan and map. Note: If a response to be more than one sentence, attach an Exhibit "E". 7) List any substantial local, state, and federal permits which have been obtained, applied for, or denied, during this reporting period. Specify the agency, type of permit, and duty for each. Note: 1f a response is to be more than one sentence, attach as Exhibit 'F". 8) Assess the developvent'o and local government"e continuing compliance with any conditiona of approval contained in the DA1 development order. Note: Attach as Exhibit G. (see attached form) 9) Provide any information Chat is specifically required by the Development Order to be included it the annual report. 1D) Provide a statement certifying that all peraona have been sent copies of the annual report in conformance with Subaeetiond 280,06(l4) and (I6), F.S'. Person completing,the questionnaire: Title: Representing: J-92-656 9/22/92 11/16/92 RESOLUTION NO.92 607 A RESOLUTION AMENDING A PREVIOUSLY APPROVED MASTER DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT (RESOLUTION NO. 88-110; ADOPTED FEBRUARY 11, 1988), FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND MAJOR USE PURSUANT TO ZONING ORDINANCE NO. 9500, BY AMENDING ITS PROJECT DESCRIPTION REGARDING CATEGORIES OF TOTAL ALLOWABLE DEVELOPMENT AND BY CHANGING THE PROJECT PHASING SCHEDULE OF INCREMENT I TO 1988 THROUGH 1997 AND INCREMENT II TO 1992 THROUGH 1999; FINDING AND CONFIRMING THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; DIRECTING TRANSMITTAL OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPERS AS SPECIFIED HEREIN; AND CONTAINING AN EFFECTIVE DATE. WHEREAS, pursuant Resolution No. 88-110, adopted February 11, 1988, the City Commission issued a Development Order and Major Use Special PeLtnit for the Southeast Overtown/Park West Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, and Major Use pursuant to Zoning Ordinance No. 9500; and WHEREAS, on August 7, 1992, the applicant filed a "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI), Subsection 380.06(19), CITY COBINISSIO11 MEETING OF SEP 2 if 1992 iiesolution No. 92- 607 Florida Statutes" with the Florida Department of Community Affairs, the South Florida Regional Planning Council and the City of Miami; and WHEREAS, on August 7, 1992, the applicant applied for an amendment to the previously -issued Development Order, Major tJse Special Pel_mit; and WHEREAS, the definition of total allowable development in the original master development order provided that "(t)he City may permit simultaneous increases and decreases between the land use categories (sic), provided that the regional impacts of the land uses as c.hanged will not exceed the adverse regional impacts of the Project as originally approved, as measured by total peak hour vehicle trips;" and WHEREAS, the proposed amendment to the Project substituting certain categories of development for previously approved categories, the proposed total of which does not exceed total trips generated by the original configuration, is not presumed to constitute a substantial deviation under Section 380.06(19); and WHEREAS, the proposed amendment to the project phasing to schedule Increment 1 from 1988 through 1997 and Increment II from 1992 through 1999 is not presumed to constitute a substantial deviation under Section 380.06(19); and WHEREAS, pursuant to Resolution PAB 25-92; adopted September 16, 1992, Item #2, by a vote of nine to zero (9-0), RECOMMENDED APPROVAL of the application for amendment; and WHEREAS, on September 24, 1992, the City Commission held an advertised public hearing to consider this application for 92- 607 amendment and whether it constituted e substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission considers this Resolution to be in the best interest of the citizens of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution pertaining to substantial deviation and Conclusions of Law are hereby approved, con.fi.oied, and adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. Exhibit 'A` of Resolution No. 88-110, the Development Order and Major Use Special Permit for the Southeast Overtown/Park West Development of Regional Impact is hereby amended in the following respects:1/ "EXHIBIT "A" MASTER DEVELOPMENT ORDER PROJECT DESCRIPTION: The project consists of development in the Southeast Overtown/Park West Community Redevelopment Area through the Year 2007, including the following land uses and increments: 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -3- 92- 607 Land Uses Increment I innn nn..� 1iitrem Iry II iurremGt•L Iii 9-2 5 1 e n gro33 -3quart f—) Rctnil/Se „ I,�/ Genera Cvmm.rc. -fy ray s—sy�e: Hotel es t a la onfen tton 0 ,000 J OD 600 1,108 ,VV asa .)-uare Land Uses Increment I Increment II Increment III Totals (1988-1997) (1992-1999) (1999-2007) Office 166,000 337,000 500,500 1,003,500 (gross square feet) Retail/Service/ 95,400 71,700 90,600 257,700 General Commercial (gross square feet) Hotel (rooms) Residential (dwelling units) 0 500 600 2,000 2,000 5,000 I,100 9,000 Attractions 8,000 8,000 0 16,000 (seats) * * * 1', Section 3. The Southeast Overtown/Park West Development of Regional Impact, as proposed to be amended by the City of Miami Department of Development and Housing Conservation, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the _a_ 92-- 607 orderly development and goals of the City of Miami, and complies with local land development regulations. Section 4. The proposed amendment to the development order does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Section 5. The proposed amendment to the development order is generally consistent with the Report and Recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in Chapter 380, Florida Statutes. Section development Development 6. Changes in the Project which do not exceed parameters set forth in the Application for Approval and Report and Recommendation of the Regional Planning Council shall not constitute a substantial deviation; under Chapter 380, Florida Statutes, notwithstanding City zoning approvals which may be required. Section 7. It is hereby found that the. phasing schedule changes and textual changes to the original Southeast Overtown/Park West Development of Regional Impact development order set forth herein do not constitute a substantial deviation. Section 8. This deviation pursuant to Section 9. This amendment does not constitute a substantial Chapter 380, Florida Statutes. Resolution shall be transmitted to Herbert H. Bailey, Assistant City Manager, and Sergio Rodriguez, Assistant City Manager, authorized agents for the Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, -5- 92 - 607 Suite 400, Miami, Florida 33131 and the Planning Building, and Zoning Department, 275 Northwest 2nd Street, Miami, Florida 33128, respectively; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021, and Linda Shelley, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399. Section 10. The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2), Florida Statutes. PASSED AND ADOPTED this 24th da.y of Se&m•-r , 1992. MATTY HIRAI City Clerk PREPARED AND APPROVED BY: r yy etc— i\I-L.L.L . LINDA KELLY KEARiON. Assistant City Attorney LKK/pb/bss/M3779 XAVIER L. SUA Z, MAYOR APPROVED AS TO FORM AND CORRECTNESS: . WI N J.0 S, City Att.r -y -T6- 92- 607 J-92-657 9/22/92 11/16/92 RESOLUTION NO. 92- 608 A RESOLUTION AMENDING A PREVIOUSLY APPROVED INCREMENT I DEVELOPMENT ORDER (RESOLUTION NO. 88-111; ADOPTED FEBRUARY 11, 1988), FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, BY AMENDING ITS PROJECT DESCRIPTION AND DEFINITION REGARDING CATEGORIES OF TOTAL ALLOWABLE DEVELOPMENT AND BY CHANGING THE PROJECT PHASING SCHEDULE OF INCREMENT I FOR 1988 THROUGH 1997 AND INCREMENT II FOR 1992 THROUGH 1999; FINDING AND CONFIRMING THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER 380, FLORIDA STATUTES, INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; DIRECTING THE TRANSMITTAL OF COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPERS AND DESIGNATED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 88-110, adopted February 11, 1988, the City Commission issued a Development Order and Major Use Special Permit for the Southeast Overtown/Park West Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, and Major Use pursuant to Zoning Ordinance No. 9500; and WHEREAS, pursuant to Resolution No. 88-111, adopted February 11, 1988, the City Commission issued a Development Order for Increment I of the Southeast Overtown/Park West Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, and Major Use pursuant to Zoning Ordinance No. 9500; and CITY COMMISSION MEETING OF SEP 2 4 199''. ?oiutioa Nc 92- ens WHEREAS, on August 7, 1992, the applicant filed a - "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI) Subsection 380.06(19), Florida Statutes" with the Florida Department of Community Affairs, the South Florida Regional Planning Council and the City of Miami; and WHEREAS, on August 7, 1992, the applicant applied for an amendment to the previously -issued Development Order, Major Use Special Pezmit; and WHEREAS, the definition of total allowable development in the original Master Development Order and the Increment 1 Development Order provided that "(t)he City may permit simultaneous increases and decreases between the land use categories, 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;, and WHEREAS, the proposed amendment to the Project substituting certain categories of development for previously approved categories, the proposed total of which does not exceed total trips generated by the original configuration, is not presumed to constitute a substantial deviation under Section 380.06(19); and WHEREAS, the proposed amendment to the Project phasing to schedule Increment I from 1988 through 1997 and Increment 11 from 1992 through 1999 is not presumed to constitute a substantial deviation under Section 380.06(19); and -2- 92- 608 WHEREAS, pursuant to Resolution PAB 26-92, adopted September 9, 1992, Item No. 3, by a vote of nine to zero (9-0), the Planning Advisory Board RECOMMENDED APPROVAL of the application for amendment; and WHEREAS, on September 24, 1992, the City Commission held an advertised public hearing to consider this application for amendment and whether it constituted a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission considers this Resolution to be in the best interest of the citizens of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution pertaining to substantial deviation and Conclusions of Law are hereby approved, confirmed, and adopted by reference hereto and incorporated herein as if fully set forth in this section. Section 2. Exhibit "A" of Resolution No. 88-111, the Development Order for Increment 1 of the Southeast Overtown%Park West Development of Regional Impact is hereby amended in the following respects:' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -3- 92- 608 "EXHIBIT "A" INCREMENT I DEVELOPMENT ORDER PROJECT DESCRIPTION: The project consists of development in the Southeast Overtown/Park West Community Redevelopment Area through the Year 2007, including the following land uses and increments: rel-eir e, ri -(1384-19S4) hr rc81c t re 0ffi,.e (yroSS 11.114d, e fre Retail/Servic 16G,C00 203,000 632,10C 1,0C13,.;tee .,n,,,, g� oss sgvs, 9 (gross square Land Uses Increment I Increment II Increment III Totals (1988-19972 (1992-1999) (1999-2007) Office 166,000 337,000 500,500 1,003,500 gross square feet) Retail/Service/ 95,400 71,700 90,600 257,700 General Commercial (gross square feet) Hotel 0 500 600 1,100 (rooms) Residential 2,000 2,000 5,000 9,000 (dwelling units) Attractions 8,000 8,000 0 16,000 (seats) 92-- 608 DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: Total Allowable Development: 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 Florida Statutes, 380.06(19) (1991), and which shall be measured by the following land uses: Office 166,000 gross square feet Retail/Service 95,400 66,200 gross square feet Residential 2,000 dwelling units Convention 290,000 gross s-qua-re—F Attractions 8,000 seats The City may peLmit simultaneous increases and decreases in the above described land usecategories, provided that the regional impacts of the land uses as changed 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. * * E, Section 3. The Southeast Overtown/Park West Development of Regional Impact, as proposed to be amended by the City of Miami Department of Development and Housing Conservation, complies with —5- 92- 608 the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. Section 4. The proposed amendment to the development order does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Section 5. The proposed amendment to the development order is generally consistent with the Report and Recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in Chapter 380, Florida Statutes. Section 6. Changes in the project which do not exceed development parameters set forth in the Application for Development Approval and Report and Recommendation of the Regional Planning Council shall not constitute a substantial deviation; under Chapter 380, Florida Statutes, notwithstanding City zoning approvals which may be required. Section 7. The phasing schedule changes and textual changes to the original Southeast Overtown/Park West Development of Regional Impact development order set forth herein do not constitute a substantial deviation. Section 8. This amendment does not constitute a substantial deviation pursuant to Chapter 380, Florida Statutes. Section 9. This Resolution shall be transmitted to Herbert H. Bailey, Assistant City Manager, and Sergio Rodriguez, Assistant City Manager, authorized agents for the Department of -6- y�- 608 Development and Housing Conse::vation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021, and Linda Shelley, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399. Section 10. The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2), Florida Statutes. PASSED AND ADOPTED this24th day ofSept-i•R , 1992. MATTY HIRAI City Clerk PREPARED AND APPROVED BY: LINDA KELLY KEARSON Assistant City Attorney LKK/pb/bss/M3780 XAVIER L SU•" Z, MAYOR APPROVED AS TO FORM AND CORRECTNESS: _7.. 92- 608 J--92-658 9/22/92 609 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA PURSUANT TO RESOLUTION NO. 82-755 (MORE PARTICULARLY DESCRIBED HEREIN); AUTHORIZING AN INCREMENT II DEVELOPMENT ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AND MAJOR USE SPECIAL PERMIT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT II DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT II DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE INCREMENT II DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT II DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 10, 1991, the City of Miami submitted a complete Application for Development Approval for Increment II of CITY CO* '•MissroN MEETING GE SEP 24 1992 ite tut:on No. a Development of Regional Impact to the South Florida Regional Planning Council and the Florida Department of Community Affairs, pursuant to F.S. 380.06 (1991), for the ongoing development through the year 2007 for the area designated in 1982 by City Commission Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area, as legally described in the Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 16, 1992, Item No. 4, following an advertised public hearing, adopted Resolution No. PAS 27-92 by a nine to zero (9-0) vote, RECOMMENDING APPROVAL of the Increment II Development Order, as amended, for the Southeast Overtown/Park West Community Redevelopment Area as attached hereto; and WHEREAS, on September 24, 1992, the City Commission conducted an advertised public hearing pursuant to F.S. 380.06 (1991); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council, and each element required to be considered by F.S. 380.06 (19); and WHEREAS, the City Commission deteL dined that all requirements of notice and other legal requirements for the issuance of the proposed Increment II Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue an Increment II Development Order as hereinafter set forth; _2_ --- 0 9 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area, which is attached hereto as Exhibit "A" and made a part hereof by reference, and applicable to an area of the City of Miami designated in 1982 by Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area, as more particularly described in Exhibit A. Section 2. The Increment Southeast 0vertown/Park West (Exhibit "A"), is hereby granted II Development Order for the Community Redevelopment Area, and issued. Section 3. It is hereby directed that certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Increment II Development Order be immediately transmitted to: The Florida Department of Community Affairs, Division of Resource Planning and Management, Bureau of State Planning, 2740 Centerview Drive - Rhyne Building, Tallahassee, Florida 32399 and The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the teL1{s of the Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area (Exhibit "A"). -3- :i 3O9 Section 5. In the event that any portion or section of this Resolution or the Increment 11 Development Order for the Southeast Overtown/Park West Community Redevelopment Area (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area (Exhibit "A"), which shall remain in full force and effect. Section 6. The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2) F.S. PASSED AND ADOPTED this 24th day of Set4aber,,,,m , 1992. ATTEST': NATTY HIRAI City Clerk PREPARED AND APPROVED BY: LINDA KELLY KEARS Assisttant City ttorney City Attqr►ey LKK/pd/M3143 VIER L. SUA"EZ. {YOR APPROVED AS TO FORM AND CORRECTNESS: ,II -4- `3— EXHIBIT A .ATTACHMENT TO RESOLUTION NO. 92--609 SEPTEIBER 24, 1992 SOUTHEAST OVERTO N-PARR WEST INCREMENT II DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT Let it be known that pursuant to Section 380.06, Florida Statutes,' the Commission of the City of Miami, Florida, has considered in a public hearing held on September 24, 1992, the issuance of a Major Use Special Permit for Increment II of the Southeast Overtown-Park West development, pursuant to Zoning Ordinance 11000 to be located in the City of Miami, boundaries of which include N.N. 5th Street on the south, 1-95 on the west, 1- 395 on the north, and Biscayne Boulevard on the east Beginning at a point at the intersection the center line of N.E. 5th Street; thence west on the center line on N.E. 5th Street (and N.W. 5th Street) to the east ROW line of 1-95; thence northwesterly on the east ROW line of 1-95 to the south ROW line of 1-395; thence easterly on the south ROW line of I- 395 to the center line of Biscayne Boulevard to the point of beginning, comprising +/- 209.38 acres more or less; or of Blocks 2N, 3N, 4N, 5N, 6N, 7N, 14N, 15N, 17N, 18N, 19N, 20N, 21N, 22N, 23N, 24N, 25N, 34N, 35N, 36N, 37N, 38N, 39N, 40N, 41N, 42N, 43N, 44N, 45N, 55N, 56N, 57N, 58N, 59N, 60N, 61N, 62N, 65N, 65E, 66N, a portion of 27N, and all existing street rights -of -way between said blocks; Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map of Miami (B-41); and Blocks 7, 8, 9, 10, 19, 20, 21, portions of blocks 6, 11, 16, and all existing street - 1 -- 92- 609 rights -of -way between said blocks; Section 36, Township 53 South, Range 41 East, Alice Baldwin, Jenny M., and Charles E. Oxar Subdivision A-57 Amended (B-87); and Blocks 2, 8, 9, 10, 11, a portion of block 3, and all existing street rights -of -way between said blocks; Section 36, Township 53, Range 41 East, Sosts Subdivision (B-27); and Blocks 1, 8, and all existing street rights -of -way between said blocks; Section 36, Township 53, Range 41 East, Perry Division (B-163); and Greyhound Center (77-98); Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map of Miami (B-41) ; and Block 46N, Section 37, Township 53 South, Range 41 East, G.G. Bolles (1-16); and Blocks 16N, 26N, and all existing street rights -of -way between said blocks; S37, Township 53, Range 41 East, P.W. White Re -Subdivision (B-34); and Blocks 59N, 60N, and all existing street rights -of - way between said blocks, Section 37, Township 53, Range 41 East, Miami South Half -Blocks (1-185); and RTY SEC CORPS 3-172, J.A. Danns Sub 7-36 Blocks C and D, Howard Johnson Sub 79-87, Jones Resub 3-176, Section 37, Township 53 South, Range 41 East, A.L. Knowlton Map of Miami (B-41) . (Further described in the survey submitted pursuant to the application for Major Use Special Permit). ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or easements of record; NAME OF DEVELOPMENT: The Southeast Overtown/Park West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami AUTHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assistant City Manager and Sergio Rodriguez, Assistant City Manager, or their successors. 2 92- 609 PROJECT DESCRIPTION: The project consists of development in the Southeast Overtovan/Park West Community Redevelopment Area through the year 2007, including the following land uses and increments: Land Uses Increment 1 Increment II Increment 111 Totals (1988-1997) (1992-1999) (1999-2007) Office (gsf) Commercial (gsf) Hotel (rooms) Residential (units) Attractions (seats) 166,000 337,000 500,500 1,003,500 95,400 71,700 90,600 257,700 0 500 600 1,100 2,000 2,&00 5,000 9,000 8,000 8,000 0 16,000 Pursuant to F.S. 380.06(22) (1991), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Southeast Overton/Park West Community Redevelopment Area, designated in 1982 by City Commission Resolution No. 82-755, as illustrated in Exhibit 1 attached hereto and described in the legal description above. 3 92- 609 DEFINITIONS: For purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Southeast Overtown/Park West filed by the City of Miami on February 6, 1987, pursuant to F.S. 380.06 (1987). CADA OR Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 9 on page 15 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DERV: The Metropolitan Dade County Department of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. 4 92-- 609 Major use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 11000, the Zoning Ordinance'of the City of Miami, as amended. Net New Development: 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. 5 92- 609 Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries maybe established, and which is designated by its owner or developer as land to be used or developed as a unit or which has boon used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 3 herein. Project Area: The area included within the legal description on page 1-2. (The area bounded by 1-395, 1-95 , N.V. 5th'Street and Biscayne Boulevard.) Total Allowable Development: 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.) Retail/Service (sq. ft. Hotel (rooms) Residential (units) Attractions (seats) 337,000 71,700 500 2,000 8,000 The City may permit simultaneous increases and decreases in the above described land use categories, provided that the regional 6 92- 609 impacts of the land uses as changed 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. FINDINGS OF FACT The following findings of fact are hereby confirmed and adopted with respect to the Project: A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. S. The real property which is the subject of this Development Order is legally described above. C. The City of Miami filed the ADA with the City, the Council, and the Florida Department of Community Affairs. D. The CADA has been filed by the City of Miami pursuant to F.S. 380.06(22) (1991) authorizing the City of Miami to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. The Consolidated Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Ch. 380 F.S. and local ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for - 7 - 92- 609 approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the applicant, its successors, or assigns. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general forth is to guidelines set in this Development Order and the CADA. The concept recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the Impacts within the area will have the Total Allowable Development on land, water, transportation, environmental, community services, energy and other resources and syst¢ms of regional significance. The CADA seeks a single DRI review process for overall phased development of the Southeast Overtown/Park Nest Community Redevelopment .Area rather than requiring scale development within the downtown separate DRI reviews. F Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) each individual DRI area to file for 8 92- 609 (1991), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment II, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. 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 Office (gross sq. ft.) Retail/Service (gross sq. ft.) Hotel (rooms) Residential (units) Convention (gross sq. ft.) Area 205,000 37,300 500 2,000 310,000 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: 9 92- 609 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 catagories (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 generated by the original configuration proposed by the Master Development Order. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1991). I. A comprehensive review of the probable impacts that will be generated by Increment II of the Project has been conducted by various City departments, as reflected in the CAD, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for the Southeast Overtown/Park West Community Redevelopment Area - Increment II", dated August 1992. The South Florida - 10 92- 609 Regional Planning Council recommends approval of Increment II of the Project, and all conditions to which such approval is subject are reflected herein. K. Increment II of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment II of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment II of the Project is in accord with the district zoning classifications of 11000, as amended. N. Increment II of the Project will have a favorable impact on the economy of the City. P. Increment II of the Project will efficiently use public transportation facilities. 4 Increment II of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. Increment II of the Project will efficiently use necessary public facilities. S. Increment II of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T. Increment II of the Project will not adversely affect living conditions in the City. U. Increment II of the Project will not adversely affect public safety. 92 609 V. There is a public need for Increment II of the Project. CONCLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The City of Miami acting as a "downtown development authority" as defined in F.S. 380 (1991), and is authorized by F.S. 380 (1991) to make application for development approval and receive a development order. B. Increment II of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. Increment II of the Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increment II of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1991). E. Changes in Increment II of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than five percent (5%) in total - 12 92- 609 acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1991).- ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that II of the Project is hereby approved, subject to the conditions: Increment following THE CITY, ITS SUCCESSORS, AND/OR_ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Incorporate the following into the project design and operation to minimize the cumulative adverse regional impact of the project, its traffic and associated pollutant emissions on air quality; 2. a. Actively encourage and promote ridesharing by establishing a car and van pool information program; b. Provide local and regional mass transit schedule information in convenient locations the project, including office complex lobbies and adjacent to retail areas; c. Encourage transit use by provision of bus development of turnout lanes, or provision amenities to increase ridership; and d. Provide on -site bicycle storage facilities to use of alternative modes of transportation. For use and route and throughout and within shelters, of other encourage the purposes of water conservation, utilize low water plumbing fixtures, self -closing and/or metered faucets, other water conserving devices. - 13 - 92- 609 3. Incorporate the use of water sensors and other low water volume landscape irrigation techniques to reduce the project demand on the region's potable water supply. 4. Complete the construction of N.W. 1st Avenue from N.W. 10th Street to N.W. 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment I1 will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31, 1998. In the event that by December 31, 1997, the necessary right- of-way for the subject .improvement has not been acquired, then within 30 days, the Applicant shall request a meeting with Council staff to consider potential reallocation of the Applicants proportional share in the amount of $472,852 (1992 dollars). Any reallocation must be consistent with applicable statutes and rules. 5. Comply with the requirements of Chapter 14, Section 14-71, Code of the City of Miami, entitled Transportation Control Measures, which sets forth the peak hour trip reduction and reporting requirements for this project. 6. Conduct air quality modelling of carbon monoxide impacts. The air quality modelling shall follow Florida Department of Environmental Regulation guidelines and shall: a. Be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. Include the following intersections: N.E. 1st Avenue/N.E. 5th Street; and, N.E. 2nd Avenue/N.E. 5th Street; and, c. Be submitted by June 30, 1999, in a detailed analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. 7 If the results of the air quality modelling 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 - 14 92- 609 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. 8. If the results of the air quality modelling study, as described in Condition 6, above, or any monitoring results pursuant to Condition 7, above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the net new development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each net new development have been or will be .mitigated prior to issuance of building permits for the particular net new development. This documentation must be submitted to FDER and DERM for comment and review, and to the SFRPC for review and approval. b. Withhold the issuance of any building permits for net new development within the subarea that shows CO exceedences. 9. Integrate all original and supplemental ADA information into a consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council and one copy to the Department of Community Affairs within 30 days of the effective date of the development order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of the development order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date" notation, with "Page Number" being the number of the original page, "(R)" indicating that the page was revised, and "Date" stating the date of the revision. 10. Submit an annual report to the Council, and the Department of Community Affairs on each anniversary date of the effective date of the development order. The annual report shall include, at a minimum, a complete response to each question in Exhibit 3 (Annual Report). 11. Identify in the development order any approved development, including the acreage attributable to each approved land use, open space, areas of preservation, and green belts, and - 15 - 92- 609 the structures and improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and other major characteristics -or components of the development. 12. Establish the termination date for completing development as December 31, 1999, provided that the applicant, its successors, and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06(19)(c) F.S. 13. Establish an expiration date for the development order. 14. Establish the effective date of the development order as 45 days from transmittal of the development order to the Department of Community Affairs, the South Florida Regional Planning Council, and applicant; provided however that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved pursuant to Section 380.07(2) F.S. 15. Record, within 30 days of the effective date of the development order, notice of the adoption of the development order with the Clerk of the Dade County Circuit Court pursuant to Section 380.06(15), F.S., specifying that the development order runs with the land and is binding on the applicant, its successors, and assigns, jointly or severally. 16. Meet the following state criteria for issuance of a DRI development order: a. The development order shall specify: (1) The name of the development. (2) The authorized agent of the developer. (3) The name of the developer. (4) A statement that: The Application for Development Approval (ADA) is approved, or The ADA is approved subject to conditions, specifying the conditions, or The ADA is denied, specifying the reasons for denial and changes in ,the development proposal, if any, that would make it eligible to receive development approval. - 16 - 92- 609 b. Findings of fact and conclusions of law addressing whether and the extent to which: (1) The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; (2) The development is consistent with the local land development regulations and the adopted local comprehensive plan; (3) The development will be consistent with the recommendations of the Council DRI Assessment pursuant to Section 380.06(14) F.S.; and (4) The development makes "adequate provision for the public facilities needed to accommodate the impacts of the proposed development" or the City commits in the development order to provide these facilities consistent with the development schedule. c. A legal description of the property including acreage. 17. Designate an official to monitor compliance with all conditions of the development order and specify monitoring procedures that, at a minimum, require development order conditions to be reviewed by City of Miami prior to issuance of any local development permit. 18. Incorporate the Consolidated Application for Development Approval by reference into the development order as follows: "The Consolidated Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Ch. 380 F.S. and local ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the applicant, its successors, or assigns." 19. Incorporate into the development order by reference the Council DRI Assessment for Southeast Overtown/Park West - Master and Increment II. 20. Attach copies of all exhibits referenced in the development order. 17 92- 609 EXHIBIT 1 NAP OF OVERTOWN BOUNDARIES - 18 - 92- 609 Sou yeast �vertown/Park West DRI NortIvuest Adth Street City of Miami October 1991 EXHIBIT 2 TRIP GENERATION RATES EXTERNAL P.M. PEAK -HOUR PROJECT TRIP GENERATION RATES Land Uses Trip Rates Office 0.90/1000 SF Commercial 4.09/1000 SF Hotel 0.42/ ocm Residential 0.235/DU Attraction/Recreation 11.25/1000 Seats SOURCE ADA EXHIBIT 3 ANNUAL REPORT - 25 - FOR?' RP'-:-B5?-n];NUAl. RWPOR` STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.06(1B), Florida Statutes, places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the regional planning agency, the Department of Community Affairs, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you have any questions about this required report, call the DRI Planner at (904) 488-4925. Send the original completed annual report to the designated local government official stated in the development order with one copy to each of the following: a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Division of Resource Planning and Management Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 i 4 Format your Annual Status Report after the forma;, example provided belo%:. ,A.N UAL STATUS REPORT Reporting Period: to Development: Location: Month/Day/Year Month/Da/Year Developer: Name: Name of DRI City County Address: Company Name Street Location City, State, Zip 1. Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Develop- ment of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, at_ac` as Ex fib t A a detailed description of each change and copies cf the modified site plan drawings. Exhibit A should else address the following additional items if applicable: a) Describe changes in the plan of development o- phasing for the reporting year and for the subsequent years; b) State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; iy )._ fliQ 8 List any substantial local, state, and federal permits 4hic:-, have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, anf; duty for each. NOTE: If a response is to be more than one sentence, attach as Exhibit F. Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been complied with during the annual report reporting period. NOTE: Attach as Exhibit G. 9) Provide any information that is specifically required by the development order to be included in the annual report. 10) Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(15),end (18), F.S. Person completing the questionnaire: Title: Representing: PLANNING FACT SHEET APPLICANT Miami Department of Development and Housing Conservation: October 10, 1991 LOCATION LEGAL DESCRIPTION PETITION Southeast Overtown/Park West Development of Regional Impact (DRI). (Complete' legal description on file with the Hearing Boards Division). Beginning at a point at the intersection of the center line of N.E. 5th Street and the center line of Biscayne Boulevard; thence west on the center line of H.E. 5th Street (and N.W. 5th Street) to the east ROW line of I-95; thence northwesterly on the east ROW line of 1-95 to the south ROW line of I-395; thence easterly on the south ROW line of 1-395 to the center line of Biscayne Boulevard; thence southerly on the center line of Biscayne Boulevard to the point of beginning, comprising +/- 209.38 acres, more or less. Consideration of approving Increment II of the Southeast 0vertown/Park West Development of Regional Impact. In its entirety, the Phase I redevelopment program will have included the construction of 2,000 residential dwelling units, 166,000 square feet of office space, 95,400 square feet of commercial space, 8,000 attractions seats, and a sports arena (approved under separate DRI). The Phase 1 development program is anticipated to occur between 1988 and 1997. The Phase II development program (1992-1999), under consideration in this item, includes the provision of 2,000 additional residential dwelling units, 337,000 square feet of office space, 71,700 square feet of commercial space, 500 hotel rooms and 8,000 attractions seats. The attractions land use,. (in Phases I and II) may include a museum theater, cruise port -related activities, specialty exhibits, performing arts center, thecae entertainment, and institutional/educational uses. Phase 11 (1999-2007) is proposed to include 5,000 residential dwelling units, 500,500 square feet of office space, 90,600 square feet of commercial space and 600 hotel rooms. When all phases have been completed the Southeast Overtown/Park West Community Redevelopment Project is intended to transform a presently blighted, under-utilized land area into a socially and economically integrated community. PLANNING RECOMMENDATION Approval BACKGROUND AHD Representing the culmination of a ten-year planning process by both the City ANALYSIS of Miami and Dade County, the general redevelopment concept for the project is directed toward the provision of a wide range of housing opportunities for moderate income families (S15,000-S50,000 annual family income) within a downtown setting. Also, incorporated in the development plan is the provision of support services necessary to serve the area's future population. In conformance with the SEOPW Community Redevelopment Plan (adopted by both the Miami City Commission Res. No. 82-755, and the Board of County Commissioners Res. No. 1577-82), the role of the public sector will not be to undertake specific building programs but rather to facilitate overall development using a variety of positive investment incentives including special zoning designations, public land acquisition, financial subsidies and the provision of new public facilities and amenities. The City of Miami has initiated the redevelopment effort with a Phase I development surrounding the 0vertown Hetrorail Transit Station. Nine development parcels (or city blocks) have been acquired and developers have been selected. To date, Stage 1 of the Phase 1 redevelopment program has included the construction of 857 residential dwelling units, 18;,000 square feet of commercial space, a 16,500-seat sports arena, a pedestrian mall and the acquisition of properties for the Historic 0vertown Folklife Village.: .....L�a..1 .,.z �...� c...,..,.�l,or IA I C107 SOUTHEAST DYERTOWN/PARK WEST COMMUNlI; REDEVELOPMENT PROJECT Page 1 of Linda McCarthy Florida Dept. of Environmental Regulation 1900 S. Congress Ave., Suite A West Palm Beach, FL 33406 Mr. Joseph W. McManus City of Miami Planning Dept. 275 N.W. 2nd St. Miami, FL 33128 Mr. Jim Golden South Florida Water Management District 0. Box 24680 Oast Palm Beach, FL 33416-4680 David Trimble Department of Natural Resources 3900 Commonwealth Blvd. Mail Station 45 Tallahassee, FL 32399 Mr. Matthew Schwartz, Director City of Miami Downtown Development Ruth. iscayne Tower, Suite 1818 taw m.i, FL 33131 Mr. Herbert Bailey Assistant City Manager 0vertown Park West Project P.O. Box 330708 Miami, FL 33233-0708 Mr. Reginald Walters, Director Dade County Planning Dept. 111 N.W. 1st St., Room 1220 Miami, FL 33128 Mr. Walter Herndon, Jr. Dade County Public 'Works Dept. 111 N.W. 1st St., 14th floor Miami, FL 33128 Mr. Bruce 0; ford Fla. Dept. of Environmental Regulatior 1900 So.. Congress Ave., Suit_ A West Palm Beach, FL 33406 Mr. Rick Foley Dade County Environmental Resources Management 111 N.W. 1st St., l ai- h floor Miami, FC 33128 SOUTHEAST CVERTO iN/PAR:< OE W S4. COMMUNITY RtDEVELOPME T PROJECT PAGE 3 or 3 Mr. Reginald Barker, AZCP P.O. Box 1719 Alachua, FL 32615--1719 Ms. Sabrina Bouie Project Manager Overtown Park West Project P.O. Box 330708 Miami, FL 33233-0708 • �� 1 DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR SOUTHEAST OVERTOWNPARK WEST - INCREMENT II Located in the City of Miami SOUTH FLORIDA REGIONAL PLANNING COUNCIL August, 1992 t f A. 609 r/ LIST OF FIGURES Figure No. Title Page 1 Project Location 3 2 Master Development Plan 4 3 Traffic Impact Area 15 LIST OF EXHIBITS Exhibit No. Title Pa?e 1 Trip Generation Rates 31 2 Annual Status Report 32 PART I - PROJECT DESCRIPTION A. APPLICANT INFORMATION Project Name: Southeast Overtown/Park West - I.ncrement II Applicant: City of Miami P.O. Box 330708 Miami, Florida 33233-0708 Date of Acceptance of Application: June 17, 1992 Date of Receipt of LocalPublic Hearing Notice: June 25, 1992 Deadline of Council Action: August 13, 1992 Date of Local Public Hearing: September 24, 1992 Type of Development: Mixed Use Location of Development: City of Miami B. PROJECT INFORMATION The City of Miami has undertaken a Development of Regional Impact for a portion of the Qty pursuant to s. 380.06(22), F.S. The City of Miami, acting as a Downtown Development Authority pursuant to s. 380.031(5) as the Applicant, has proposed to have the Southeast Overtown/Park West DRI be reviewed as a Master/Incremental development pursuant to s. 380.06(21), F.S., and Rule 9J-2.028, F.A.C., which states the following: If a proposed development is planned for development over an extended period of time, the developer may seek to follow an alternative DRI review procedure by filing an application for master development approval of the project and agreeing to present subsequent increments of the development for preconstruction review. It is further stipulated in s. 380.06(21), F.S., that the development order for a master application for development approval (ADA) shall specify the information which must be submitted with an Incremental ADA and shall specify those issues which can result in the denial of an incremental ADA. The recommendations contained in this impact assessment report deal with those issues which are specified for preconstruction review for incremental ADAs in the Southeast Overtown/Park West - Master Impact Assessment Report. Those issues recommended to be part of the Southeast Overtown/Park West - Increment II development order will be discussed in the body of this report. Other issues which cover the entire Southeast Overtown/Park West development have been discussed in the Southeast OvertownlPark West - Master Impact Assessment Report (January 4, I988). 9 2 5 /3 JUIH FLORIDA REGIONAL PL A NNtNG COUNCIL I~ NW 79 ST NW 71 ST NW, 62 ST NW 54 ST' NW 26 5T w ti SW 16 ST CORAL WAY P1 BIRD AV GRAND AVE POINCIANA AVE HARDEE AVE DINNER KEY BISCAYNE BLVC R1CKENBACKER CAUSEWAY 2 4i ;NORTH BAY i CAUSEWAY JLDLIA TUTTLE; CAUSEWAY i i LSD i to _I. VENETIAN `-` ► CAUSEWAY *S i is 1 ki t4 • I VIRGINIA KEY PROJECT LOCATIO Source: ADA K! tY O o o 0 0 0 N R A I/2 I iri SCALE PART IP- PROJECT IMPACTS AND ISSUES A. ENVIRONMENT AND NATURAL RESOURCES 1. Summary Impacts of the proposed development on the environment and natural resources were addressed in the Southeast Overtown/Park West - Master Impact Assessment Report Qanuary 4, 1988). The exception to this is air quality impacts which axe addressed below. 2. Air Quality The Applicant has submitted an air quality analysis for Increments I and II as required by Increment I development order conditions. The Florida Department of Environmental Regulation (FDER), Dade County Department of Environmental Resources Management (DERlvl), and Coundlstaff have reviewed the study. The results of the study show that under normal conditions no exceedences of the National Ambient Air Quality Standards (NAAQS) for Carbon Monoxide (CO) will occur at Increment lI buildout (1999). However, modeling of the worst case scenario (Le. worst case temperature, wind speed and direction, etc.) indicates that two intersections; NE 1 Avenue/NE 5 Street and NE 2 Avenue/NE 5 Street, will potentially exceed 85 percent of the NAAQS. Due to the possibility that air quality exceedances might occur, it is recommended that the Applicant perform air quality modelling in the later stage of development of Increment 1 utilizing conditions existing at that time. The purpose of this modelling will be to determine if an air quality mitigation program is needed. In the event that mitigation program is needed, an air quality abatement program will be established. Conditions 6 through 8 in Part V of this report address air quality modelling and potential mitigation. B. ECONOMY 1. Prolect Costs The applicant estimates a total project cost of $128 billion, for residential and non- residential development spread across three phases. Increment 1l, which would begin in 1992 and conclude in the year 1999, would cost 5399.3 million, accounting for 31 percent of overall project costs. Approximately 81 percent of expenditures in Increment Ii are expected to be spent in the Region, as shown in Table 2. I 7 `Ai - 6 TABLE 3 ALLOCATION OF REGIONAL EFFECTS AMONG CONS1TTLTENT COLNTfES A.' EMPLOYMENT (IN J08S; NOT NECESSARILY FULL-TIME EQUIVALENTS) S0. FLA. PALM BROVARD DADE MONROE REGION BEACH AGRICULTURE 3,6 4.4 .1 '8.1 3.8 AGRI. SERV., FORESTRY, & FISH 2.3 2.8 .2 5.2 2.4 HINING .4 1.0 .0 1.4 .1 CONSTRUCTION 50.9 73.1 3,7 127.7 29.9 MANUFACTURING 13.5 42.4 .1 56.1 5.4 TRANSPORT. & PUBLIC UTILITIES 6.6 62.7 .7 69.9 7.4 WHOLESALE 9.8 55.5 .9 .66.2 8.4 RETAIL TRADE 132.1 311.6 9.8 453.5 66.4 FINANCE, INS., & REAL ESTATE 48.2 887.2 2.1 937.4 26.4 SERVICES 135.5 1037.6 8.9 1182.0 75.9 GOVERNMENT ADMIN. AUXILIARY TOTAL 5.4 12.6 .3 18.3 3.0 .0 .0 .0 .0 .0 408.2 2490.9 26.8 2925.9 229.1 B. VALUE OF OUTPUT (IN THOUSANDS OF 1982 DOLLARS) SO. FLA. PALM BRDWARD DADE MONROE REGION BEACH AGRICULTURE 103.1 141.7 2.4 247.3 - 114.7 AGRI. SERV., FORESTRY, & FISH 56.0 76.9 3.4 136.2 63.0 HINING 29.4 72.1 .0 101.6 6.2 CONSTRUCTION 1217.2 1747.7 58.8 3023.7 673.7 MANUFACTURING 931.2 2303.2 4.7 3239.2 344.6 TRANSPORT. & PUBLIC UTILITIES 362.1 5558.0 30.8 5950.8 509.3 WHOLESALE 366.0 2074.0 15.2 2455.2 269.5 RETAIL TRADE 2614.3 6341.9 159.4 9115.5 1306.7 FINANCE, INS., & REAL ESTATE 3822.6 50572.5 112.3 84507.7 2016.9 SERVICES 3661.2 30308.4 157.6 34127.2 1917.7 GOVERNMENT 178.8 467.4 7.3 653.5 95.9 ADMIN. AUXILIARY .0 .0 .0 .0 .0 TOTAL 13341.8 129664,1 552.0 143558.0 7318.1 C. TOTAL WAGES (IN THOUSANDS OF 1982 DOLLARS) SO. FLA. PALM BROWARD DADE MONROE REGION BEACH AGRICULTURE 26.6 36.5 .6 63.8 29.6 AGRI. SERV., FORESTRY, & FISH 19.3 26-5 1.2 46.9 21.7 HIRING 6.3 15.4 .0 21,7 1.3 CONSTRUCTION 802.8 1152.7 38.8 1994.3 444.3 MANUFACTURING 198.3 490.5 1.0 689.8 73.4 TRANSPORT„ & PUBLIC UTILITIES 76.0 1166.4 6.5 1248.8 106,9 WHOLESALE 156_6 887.4 6.5 1050.6 115.3 RETAIL TRADE 1092.1 2616.8 66,6 3775.4 545.8 FINANCE, INS., & REAL ESTATE 662.3 14875.7 19.5 15557.4 349.4 SERVICES 1336.1 12421.4 57.5 13815.0 699.8 GOVERNMENT ADMIN. AUXILIARY TOTAL 8 69.2 180.8 2.8 252.8 37.1 .0 .0 .0 .0 .0 4445.4 33870.1 201.0 38516.6 2424.7 4. Affordable Housing The Department of Housing and Urban Development (HUD) defined the Fiscal Year 1991 median family income in Dade County to be $38,000. Therefore, households earning less than $19,000 were considered very low income and households with incomes between $19,000 and $30,400 were considered low income households. Following the "Draft Housing Demand, Supply and Need Methodology" dated April 24, 1991, issued by the Florida Department of Community Affairs (DCA), the projected permanent jobs to be generated by non-residential development have been distributed into HUD's very low income and low income categories (see Table 5, below). Considering the average number of wage earners per family (1.79) and the percentage of single -worker families (37.5) in Dade County, a total of 179 very low income residential units and 127 low income units would be required during Increment 11 to accommodate very low income and low income families attracted to the proposed development by new jobs. Table 5 also presents the limits for the purchase price and the monthly rental cost (including utilities) for housing to be affordable to both very low income and low income families. These limits are based upon the purchase cost being no greater than 2.5 times the annual family income and the monthly rental cost being no more than 30 percent of the monthly family income. 'terns TABLE 5 SUMMARY OF AFFORDABLE HOUSING NEED ANALYSIS Very Low Income Low Income HUD Income Ranges (Dade, 1991) Annual Family Income Up to $19,000 $19,001 to $30,400 Purchase Price of Affordable Units Up to $47,500 S47,501 to $76,000 Monthly Rental Cost of Affordable Units Up to $475 $476 to $760 Demand for Housing Project Permanent Employees Generated 859 609 Project Demand by Single -Worker Employee Families 179 127 1570 of Families 27 19 SOURCE: ADA, SFRPC In recognition of the need for affordable housing in downtown Miami and the impacts of the non-residential component of this project on the demand for affordable housing, the applicant has developed a broad strategy to promote the provision of affordable housing in the project area. This strategy views the DIU as an opportunity for increasing the availability of affordable housing to those who work in downtown. Evidence of this commitment is provided by the residential development undertaken in Increment I of the project, which currently is underway. Increment I has a smaller amount of non-residential development than Increment II, and consequently a smaller impact on employment generation, Goal 5.1 of the Regional Finn for South Florida specifies to rneet 15 percent of the low and moderate income housing needs by 1995. Staff analysis indicates that the number of affordable units provided through the residential component of Increment I development is more than the demand of 15 percent of the single -worker employee families anticipated by the non-residential development in both Increments I and II. The following highlights indicate the efforts to provide affordable housing to date in the project. 10 .r L. 6 #i 9 2. Police, Fire. and Emergency Medical Service Police and Ere (including emergency medical) services will be provided to Southeast Overtown/Park West by the Qty of Miami. Police Department and the City of Miami Fire Department. Two police facilities (one north and one south of the project area) and two fire fad}.ities (both north of the project area) will serve the development. All of these facilities are located less than one-half mile from the project area. An additional 12 officers will be required in order to provide police services to the project. Funds for capital expenditures needed for the supplement of personnel will be provided from impact fees. The Fire Department does not indicate that additional fire fighting services will be required in, order to properly serve the project. Personnel may need to be added depending on the level of emergency medical service demand outside the project area. Yet the Fire Department has no plans to add personnel. 3. Health Care Residents of Southeast Overtown/Park West will require both hospital and primary care services. The Health Council of South Florida has acknowledged that health care providers have capacity to meet the health -related demand of the residents of the project. The project is located within 2 miles of Civic Center which is the medical center for the metropolitan region. Located within Civic Center are Jackson Memorial Hospital and Cedars Medical Center. Jackson is currently operating at 87.4 percent of licensed capacity and Cedars is operating at 45.1 percent of licensed capacity. Primary care will be provided for residents of the development at numerous locations adjacent to the project. A new primary care center is planned to be located within the project at 1600 NW 3rd Avenue (one block north of the project area). These services will augment the many physicians practicing in the Miami central business district adjacent to the development. D. TRANSPORTATION I. Existing Traffic The traffic impact area is generally bounded by North 79th Street on the north, Biscayne Bay on the south, Alton Road on the east, and west 42nd Avenue on the west (Figure 3). The adopted comprehensive plan for the City of Miami generally uses Level of Service (LOS) "E" as the standard. Of the 77 segments studied, five segments currently operate below LOS "E" during the afternoon peak hour. 2. Future Background Traffic Impacts a. Programmed Improvements Nine roadway improvements are programmed within the traffic impact area. Most improvements are currently underway. 12 4) .. t) (j . TABLE 8 RECOMMENDED TRANSPORTATION IMPROVEMENTS Recommended Improvement Improvement Cost Applicant's Proportional Share NW 5th Street Bridge from NW 7th Avenue $3,129,750 582,938 to NW 8th Avenue: a six -lane movable span bridge NW 2nd Avenue from NW 8th Street 2,368,735 to NW 14th Street: Add 2 lanes 228,346 US I£rom NE loth Street 1,373,391 58,094 to NE llth Terrace: Add 2 lanes US 1 from NE llth Terrace 501,463 22,716 to NE 12th Street: Add 3lanes US 1 from NE 12th Street 1,281,516 58,053 to NE 15th Street: Add 2 lanes NE 1st Avenue/I-395 on -ramp: 16,050 4,778 Provide directional signage to more efficiently utilize northern on -ramp US LINE 5th Street: 411,950 12,029 Restripe northbound thru/right turn lane to northbound thru lane, add northbound right -turn lane (including signal modification) NE lst Avenue/NE 5th Street: Restripe northbound thru/right turn lane to northbound thru lane, restripe parking lane to northbound right -turn lane 32,100 4,954 NE 2nd Avenue/NE 5th Street: 16,050 944 Restripe eastbound thru/right-turn lane to eastbound right -turn lane TOTAL SOURCE: ADA, SFRPC 54 i2,852 0 14 PART III - COMMENTS FROM OTHER REVIEWING AGENCIES This section contains comments sent to the Council by other agencies reviewing Southeast Overtown/Park West - Increment LI Application for Development Approval. 16 IMPACT ASSESSMENT REPORT Prepared by South Florida Water Management District Issued July 1, 1992 I PROJECT SUMMARY Project: Developer: SFWMD ID No: Location: Size: Existing Land Use: Proposed Land Use: Residential: Office: Commercial: Hotel: Attractions: DRI Threshold: Southeast Overtown/Park West Areawide Increment II City of Miami 91-375 (original ID No. 87-253) Section 36 & 37/Township 53/Range 41 East, Dade County +209,38 acres Urban Development Mixed Use Urban Redevelopment 2,000 dwelling units 337,000 square feet 71,700 square feet 500 rooms 8,000 seats Areawide DRI (no minimum thresholds) II GENERAL PROJECT -RELATED INFORMATION The Southeast 0vertown/Park West Areawide DRI encompasses a 210 acre area north of downtown Miami. It is bordered by Interstate 395 on the north, Biscayne Boulevard (U.S. Hwy. 1) on the east, Northwest 5th Street on the south, and Interstate 95 on the west (see Exhibit 1). The Increment II development program includes the provision of 2,000 residential dwelling units, 337,000 square feet of office floor area, 71,700 square feet of commercial floor area, 500 hotel rooms, and 8,000 attraction'seats. Development of this Increment is scheduled to occur between 1992 and 1999. III POTENTIAL FOR ADVERSE REGIONAL IMPACTS SUMMARY Category Minimal Significant Major Surface Water Management - Quantity X Surface Water Management - quality X Water -Related Vegetation/Wildlife N/A Water Use X 1A c;I? q Projects that qualify for a General Permit must have less than 40 acres total land area with positive stormwater outfall or less than 320 acres total land area and less than 160 acres of impervious area with, no positive stormwater outfall. Projects which exceed the above criteria must obtain an Individual Permit from the District. - 2. Water Use Permit - for any proposed dewatering activities associated with the construction of project lakes and/or road or building foundations (see Section V, Disclaimer, second paragraph, for additional information concerning pending revisions to the District's water use permitting criteria). The applicant must provide verification that the proposed system designs will meet District criteria in effect at the time of permit application. Recommended Development Order Conditions 1. For the purpose of potable water conservation, Southeast Overtown/Park Areawide Increment I1 shall utilize low water use plumbing fixtures, self - closing and/or metered water faucets, and other water conserving devices. 2. For the purpose of non -potable water conservation, Southeast 0vertown/Park Areawide Increment II shall utilize xeriscape principles in the design of the project's landscaping. V DISCLAIMER This review has been performed by South Florida Water Management District to provide the South Florida Regional Planning Council with a general technical assessment of the water -related impacts of this project from the District's perspective. It is a technical review of the project based on the information provided by the DRI applicant. It is not a permit under Chapter 373, F.S., nor is it a commitment for said permits. This review does not constitute final agency action and it is not binding on this agency. Permit evaluation, pursuant to Chapter 373, F.S., will be based upon the criteria in effect and the information available at the time of permit application. Consequently, the applicant is advised that this could result in a change in the District's technical assessment from that which is contained in this review. The review of the water supply section of this ADA has been based on current regulatory criteria regarding water use permits in the South Florida Water Management District. Please be advised that the existing 'Basis of Review for Water Use Permit Applications in the South Florida Water Management District" is currently being revised to incorporate recent policy changes regarding urban and irrigation demand management elements. Certain provisions under the new criteria, particularly with regard to reclaimed water use and water conservation, may influence future permitting requirements for this project. Please be advised that the water supply aspects of the project must meet the water use permitting criteria in effect at the time of permit application. ;); 9 20 WATER SUPPLY AND DEVELOPMENT FOOTNOTES; (1) The 1.55 MGD figure includes both potable and non -potable water demands. The applicant did not separate the non -potable demand from the potable demand because specific site plans for each increment have not yet been developed. Due to the use of xeriscape landscaping techniques, the non - potable water demand is expected to be minimal. The project site is underlain by saline water. Therefore, the development of an on -site groundwater source to meet non -potable water demands is strongly discouraged. The use of potable water to meet non -potable demands is considered to be reasonable -beneficial in this particular instance. (2) All potable water needs will be met by utilizing potable water supplied by the Miami -Dade Water and Sewer Authority. 9 �7 SURFACE WATER MANAGEMENT FOOTNOTES: (1) Individual developments that are proposed within the boundaries of the Areawide DRI must meet the permitting requirements of the District, the Florida Department of Environmental Regulation and/or the Dade County Department of Environmental Resources Management. Details regarding the pretreatment of stormwater runoff for water quality purposes and other design details will be addressed when the applications for such permits are reviewed by these agencies. (2) The District recommends that the monitoring of groundwater and/or surface water quality be required for any industrial projects that may be proposed within the boundaries of the Areawide DRI. 2' PART IV - CONSISTENCY WITH THE REGIONAL PLAN FOR SOUTH FLORIDA. Council staff has reviewed the application for consistency with the Regional Plan for South Florida. The proposed development is generally consistent with the Regional Plan, with the following serving as examples: The applicant is proposing the construction of affordable housing within the boundaries of the project. This affordable housing will be readily accessible to the Miami central business district and be served by Metrorail and Metxomover. This is consistent with Goal 5.1 and Policy 5.1.1 which call for a reduction in the need for affordable housing and the development of affordable housing readily accessible to employment centers and public transportation facilities. The project is located in an area with an existing infrastructure network which has capacity. This is consistent with Goal 16.2 and Policy 16.2.2 which emphasize the desire to direct development and redevelopment to areas where public facilities exist. The project redevelopment program will encourage public and private investment in downtown Miami. This is consistent with Goal 17.1 and Policy 171.2 which urge investment in downtown areas. Staff comparison of the proposed development vis-a-vis the Regional Plan for South Florida indicates that the proposal is generally consistent with the Regional Plan. 0 For the purpose of water conservation, utilize low water use plumbing fixtures, self - closing and/or metered faucets, and other water conserving devices. 3. Incorporate the use of water sensors and other low water volume landscape irrigation techniques to reduce the project demand on the region's potable water supply. 4. Complete the construction of NW 1st Avenue from NW 10th Street to NW 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier: a. the date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment II will generate more than a total of 818 peak -hour trip ends, as estimated based on trip rates identified in Exhibit 1 herein; b. December 31, 1998 In the event that by December 31, 1997, the necessary right-of-way for the subject improvement has not been acquired, then within 30 days, the Applicant shall request a meeting with Council staff to consider potential reallocation of the Applicant's proportional share in the amount of $472,852 (1992 dollars). Any reallocation must be consistent with applicable statutes and rules. 5. Comply with the requirements of Chapter 14, Section 14-71, Code of City of Miami, entitled Transportation Control Measures, which sets forth the peak hour trip reduction and reporting requirements for this project. 6. Conduct air quality modelling of carbon monoxide impacts. The air quality modelling shall follow Florida Department of Environmental Regulation guidelines and shall: a. Be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. c. Include the following intersections: NE lst Avenue/NE 5th Street; and, NE 2nd Avenue/NE 5th Street; and, Be submitted by June 30, 1999, in a detailed analysis to FDER and DERM for comment and review, and to the SFRPC for review and approval. 7. If the results of the air quality modelling 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. 8. If the results of the air quality modelling study, as described in Condition 6, above, or any monitoring results pursuant to Condition 7, above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the net new development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each net new development have been or will be mitigated prior to issuance of building permits for the particular net new development. This documentation must be submitted to EDE.R and DERM for comment and review, and to the SFRPC for review and approval. 28 A statement that: The Application for Development Approval (ADA) is approved, or The ADA is approved subject to conditions, specifying the conditions, or The ADA is denied, spedfying the reasons for denial and changes in the development proposal, 3.f any, that would make it eligible to receive development approval. b. Findings of fact and conclusions of law addressing whether and the extent to which: ° The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; The development is consistent with the local land development regulations and the adopted local comprehensive plan; The development will be consistent with the recommendations of the Council DRI Assessment pursuant to s. 380.06(14), F.S.; and, The development makes "adequate provision for the public fad]ities needed to accommodate the impacts of the proposed development" or the City commits in the development order to provide these facilities consistent with the development schedule. c A legal description of the property including acreage. 17. Designate an official to monitor compliance with all conditions of the development order and specify monitoring procedures that, at a ixin]rnum, require development order conditions to be reviewed by City of Miami prior to issuance of any local development permit. 18. Incorporate the Consolidated Application fox Development Approval by reference into the development order as follows: "The Consolidated Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Ch. 380, F.S., and local ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the applicant, its successors, or assigns." 19. Incorporate into the development order by reference the Council DPI Assessment for Southeast Overtown/ParkWest -Master and Increment D. 20. Attach copies of all exhibits referenced in the development order. 30 l!� EXHIBIT 2 FORM RPM-BSP-Al;NU:: . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/4E8-4925 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.05(18), Florida Statutes, places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the regional planning agency, the Department of Community Affairs, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the. development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you have any questions about this required report, call the DRI Planner at (904) 488-4925. Send the original completed annual report to the designated local government official stated in the development order with one copy to each of the following: a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Division of Resource Planning and Management Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 32 c) Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 360.06(15)(f), F.S. 2) Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopter: a new Development of Regional Impact development carder for the project? Provide a copy of the order adopted by the annexing local government. 3) Provide copies of any revised master plans; incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. 4 5 Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of -development proposed and actually conducted to date. Example: Number of dwelling units constructed, site improve- ments, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. Have any undeveloped tracts of land in the development (other than individual single-family lots) been sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: If a response is to be more than one sentence, attach as Exhibit D. 6) Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. 34 MATTY HlRA1 City Clerk LI±g of f' If anti December 1, 1992 Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 CESAR H. ODI,O City Manager RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-607, 92-608, AND 92-609 Dear Mse Shelley: 0n October 16, 1992, our office transmitted to you copies of the above -cited City of Miami resolutions, which have now been amended to correct scrivener's errors as explained in memorandum from A. Quinn Jones, III, City Attorney (copy enclosed). Please substitute the attached corrected documents for the ones previously sent to you. If you have any questions, please call. pectfully submitted, % atty Hirai City Clerk MH:sI ENC: a/s OFFICE OF THE CITY CLERK/350o Pan Amerltan Drive/P.O. Box 33070.9/Miami, Florida 33233-07f /l305# 25a5?5U MATTY HIRAI City Clerk December 1, 1992 Carolyn Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 CESAR H. ODIO City Manager , RE: AMENDED DOCUMENTS FOR CITY OF MIAMI RESOLUTIONS 92-607, 92-606, AND 92-609 Dear Ms. Dekle: On October 16, 1992, our office transmitted to you copies of the above -cited City of Miami resolutions, which have now been amended to correct scrivener's errors as explained in memorandum from A. Quinn Jones, III, City Attorney (copy enclosed). Please substitute the attached corrected documents for the ones previously sent to you. If you have any questions, please call. R eectfully submitted, atty Hirai City Clerk MH:s1 ENC: als OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 332i3-07O8/(305) 250.5360 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO FROM : Matty Hirai City Clerk • A. Q inn • es, III City At o•ney DATE November 23, 1992 SUBJECT Scrivener ` s Errors REFERENCES : ENCLOSURES ti- FILE • On September 24, 1992 the City Commission _-,adopteci,n the following Resolutions and an Exhibit to a Resolution .zhi&h contained typographical errors in their texts: cn 1. Resolution No. 92-607 2. Resolution No. 92-608 3. Resolution No. 92-609 - Exhibit A Enclosed herewith are the corrected Resolutions and Exhibit. Specifically, the Resolutions were corrected in the_ following particulars: 1. Resolution No. 92-607 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- '997); the dates pertaining to Increment II were changed from (1994-1999) to (1992-1999). 2. Resolution No. 92-608 - On page 4 the dates pertaining to Increment I were changed from (1988-1994) to (1988- 1997); the dates pertaining to Increment I1 were changed from (1994-1999) to (1992-1999). 3. Resolution No. 92-609 (Exhibit A) - On Page 4 the references in the definition of CADA or Consolidated Application for Development Approval were changed from paragraph 17 on page 23 to paragraph 9 on Page 15. On Page 6 the reference in the definition of Project was changed from Page 1 to Page 3. Also, on Page 6, the reference in the definition of Project Area was changed from Page 6 to Page 1-2. On Page 10, the date August, 1992 was inadvertently left out. Matty Hirai November 23, 1992 City Clerk Page 2 This office reviewed the changes and determined that they were insubstantial, therefore, the Resolutions do not require further review by the City Commission. Accordingly, Z am hereby requesting the execution of the corrected Resolutions and the substitution of Exhibit A (Resolution No. 92-609) as quickly as possible so that they may be forwarded to the Florida Regional Planning Council and the Florida Department of Community Affairs. Thank you for your cooperation in this matter. AQJ/LKK/pb/P790 Enclosures MATTY HIRAI Chy Clerk a;iig tarot October 16, 1992 Ms. Carolyn Dekle, Executive Director South Florida Regional Planning'Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 CESAR H. ODIO City Manager RE: SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT Dear Ms. Dekle: The City of Miami Commission, at its meeting of September 24, 1992, passed and adopted Resolution No. 92-609, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self-explanatory. ectfully submitted, RATTY HIRAI City Clerk MH:vg Enc. a/s OFFICE OF THE CITY CLERK/350o Pan American Drive/P.O. Box 3307O8/Miarni. Florida 33Z33-071X1/(3OS) O 3O MATTY HIRAI Cicy Clerk Lfg of 1 i am October 16, 1992 Linda Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 CESAR H. ODIO City Manage'e RE: SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT Dear Msa Shelley: The City of Miami Commission, at its meeting of September 24, 1.992, passed and adopted Resolution No. 92-609, and requested the City Clerk to transmit said instrument to you. Attached hereto, please find the above -cited resolution, which is self --explanatory° ectfully submitted, ATTY HIRAI City Clerk MH:vg Enc. a/s OFFICE OF THE CITY CLERKV35Do Pan American Drive/P.O. Sox 3307Da/Miami, Florida 33233-074S/(3O5) 250-5350 EXHIBIT A ATTACHMENT TO RESOLUTION NO. 92- SEPTEMBER 24, 1992 SOUTHEAST OVERTOWN-PARR WEST INCREMENT 11 DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT Let it be kn.. that pursuant to Section 380.06, Florida Statutes, the Co fission of the City of Miami, Florida, has considered in a p • is hearing held on September 24, 1992, the issuance of a .Major .e Special Permit for Increment 1I of the Southeast Overtown-Park West development, pursuant to Zoning Ordinance 11000 to be locale-d in the City of Miami, boundaries of which include N.W. 5th Streeon the south, 1-95 on the west, I-- 395 on the north, and Biscayne •oulevard on the east Beginning at a point - the intersection of the center line of N.E 5th Street; thence west on the center line on N.E. 5th Street (and N.W. 5th Street) to t-e east ROW line of 1-95; thence northwesterly on the east ROW line of 1-95 to the south Roy line of 1-395; thence easterly on the south 'OW line of I- 395 to the center line of Bis yne Boulevard to the point of beginning, c.prising +/- 209.38 acres more or less; or Blocks 2N, 3N, 4N, 5N, 6N, 7N, 14N, 15N, 17N, 18N, 19N, 20N, 21N, 22N, 23N, 24N, 5N, 34N, 35N, 36N, 37N, 38N, 39N, 40N, 41N, 4. , 43N, 44N, 45N, 55N, 56N, 57N, 58N, 59N, 60 61N, 62N, 65N, 65E, 66N, a portion of 27N, a all existing street rights -of -way between aid blocks; Section 37, Township 53 South, R ge 41 East, A.L. Knowlton Map of Miami (B-4 and Blocks 7, 8, 9, 10, 19, 20, 21, portio of blocks 6, 11, 16, and all existing street 24r14444.4,44,_ . A 4. 1 92._ fl ,Q 2, all said b 41. East 1, 8, a between s Range 41 Greyhound Township 53 Knowlton Map Section 37, To G.G. Bolles (1- all existing s said blocks; S37, F.W. White Re-Subd 59N, 60N, and all e way between said bloc 53, Range 41 East, (1-185) ; and RTY SEC C Sub 7-36 Blocks C and D 79-87, Jones Resub 3 Township 53 South, Ran Knowlton Map of Miami ( described in the survey subm the application for Majo Permit). .fights -of -way between said blocks; Section 3., Township 53 South, Range 41 East, Alice Ba'dwin, Jenny M., and Charles E. Oxar Subdivision A-57 Amended (B-87); and Blocks 9, 10, 11, a portion of block 3, and xisting street rights -of -way between ocks; Section 36, Township 53, Range Sosts Subdivision (B-27); and Blocks all existing street rights -of -way 'd blocks; Section 36, Township 53, st, Perry Division (B-163); and enter (77-98); Section 37, South, Range 41 East, A.L. f Miami (B-41) ; and Block 46N, ship 53 South, Range 41 East, 6); and Blocks 16N, 26N, and eet rights -of -way between ownship 53, Range 41 East, vision (B-34); and Blocks sting street rights-of- s, Section 37, Township ami South Half -Blocks S 3-172, J.A. Danns Howard Johnson Sub 176, Section 37, 41 East, A.L. -41). (Further tted pursuant -to Use Special ALL OF THE FOREGOING SUBJ T TO any dedications, limitations, r..trictions, reservations or easements of recor. NAME OF DEVELOPMENT: The Southeast Overtown/Par'. West Community Redevelopment Area NAME OF DEVELOPER: The City of Miami AUTHORIZED AGENT OF DEVELOPER: Herbert H. Bailey, Assist.,. t City Manager and Sergio Rodriguez, Assistant City Manager, or their successors. 2 ,1 < 0 2 D. INITIONS: For purposes of this Development Order, the fol '.wing terms shall be defined as follows: ADA or Application for Development Approval: The original Applicati«. for Development Approval for Southeast Overtown/Park West filed b the City of Miami on February 6, 1987, pursuant to F.S. 380.06 (1.':7). CADA OR Consolida -d Application for Development Approval: The revised ADA prepared .ursuant to paragraph 17 on page 23 herein. Certificate of Occupan• A permanent or temporary and/or partial Certificate of Occ ancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional P nning Council. DERM: The Metropolitan Dade County Depa ent of Environmental Resources Management. DRI: Development of Regional Impact. Development Credits: The individual units of land es included within Total Allowable Development, as measured by squ...e footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. 8 ;ice - 6.09 or Use S•ecial Permit: A special petitiit issued by the City ssion pursuant to Ordinance 11000, the Zoning Ordinancesof the Ci y of Miami, as amended. Net New ■-velo.ment: Any construction or reconstruction which will result 'n a net increase, within any "Parcel of Land", of residential 'welling units, hotel rooms, seats in attractions/recre tion facilities or gross square footage for office, governmen office, retail/service, convention, wholesale/industrial ••. institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new =nd. uses for purposes of calculating the net increase, if the Plan ng Director determines that there was a valid Certificate of Occ-..ancy existing on the effective date of this Development Order for the land uses to be demolished. If a change of land usis proposed, the Planning Director may credit the prior land use ..ainst the proposed land use based upon equivalent impacts as asured by peak hour vehicle trip generation. Any activity which as on the effective date of this Development Order a valid build g permit or any currently effective development order shall not .e included as Net New Development. The Planning Director may exc de from Net New Development any small development under 10,000 square feet in floor area, if he finds that such development would ave no regional impact as measured by peak hour vehicle trips. 5 rcel of Land: Any quantity of land capable of being described wit such definiteness that its location and boundaries maybe estab 'shed, and which is designated by its owner or developer as land to e used or developed as a unit or which has been used or developed a unit. Project: That "roject described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The a -a included within the legal description on page 6. (The area bou •ed by 1-395, 1-95 , N.W. 5th Street and Biscayne Boulevard.) Total Allowable Development: he quantity of Net New Development for which Certificates of Occupa y may be issued under the terms and conditions of this Development Order, together with the applicable Master Development Order, may be modified pursuant to F.S. 380.06(19) (1991), and which 'all be measured by the following land uses: Office (sq. ft.) 337,000 Retail/Service (sq. ft.) 1,700 Hotel (rooms) .00 Residential (units) 2,00 Attractions (seats) 8,000 The City may permit simultaneous increases and decreases in the above described land use categories, provided that the region 6 pacts of the land uses as changed will not exceed the adverse re• ' onal .impacts of the land uses in Increment II of the Project as o ginally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT The following findings of fact are hereby confirmed and adopted with resp t to the Project: A. The findings a determinations of fact set forth in the recitals of the .esolution to this Development Order are hereby confirmed. B. The real property whi is the subject of this Development Order is legally describ_• above. C. The City of Miami filed th- ADA with the City, the Council, and the Florida Department of ommunity Affairs. D. The CADA has been filed by the City of Miami pursuant to F.S. 380.06(22) (1991) authorizi the City of Miami to apply for development approval and eceive a development order for any or all of the area with its jurisdiction. Individual developments are not identifies' or required to be identified in the CADA. The Consolidated application for Development Approval is incorporated herein by eference and relied upon by the parties in discharging thei statutory duties under Ch. 380 F.S. and local ordinances. Su.-tanti.al - compliance with the representations contained i the Application for Development Approval is a condition or proval unless waived or modified by agreement among the Ci , the South Florida Regional Planning Council, and the app1i ant, its successors, or assigns. ose of the CADA is to identify and assess probable regional pacts and to obtain approval for Total Allowable Development n accordance with the general guidelines set forth in this .'evelopment Order and the CADA. The concept is to recognize he Project Area as a single area of high intensity developm_ t and to focus the DRI review process primarily on the 1st acts the Total Allowable Development within the area will .ve on land, water, transportation, environmental, cozivaunit ` services, energy and other resources and systems of r_.ional significance. The CADA seeks a single DRI review .rocess for overall phased development of the Southeast rtown/Park West Community Redevelopment Area rather than re• ring each individual DRI scale development within the downtwn area to file for separate DRI reviews. F. Development within the Project Area is e ected to continue to be accomplished over an extended pert*, of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development - of the Project Area rather than a precise blueprint fog its development. Therefore, pursuant to F.S. 380.06(21) •) 8 -� 1991), the CADA seeks master development approval for three inements of development over a period of approximately twen years and specific development approval for Increment II, whi h is the first phase of development projected for a period o approximately five years. Subsequent incremental application- may need to be adjusted to more nearly serve as a living gui recognizing the evolution of market demand and technologies G. The project entail the redevelopment of 209 acres of prime real estate adjacent to the Miami Central Business District for new residential, •-.fice and commercial activity. The CADA proposes Net New D elopement 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 (Reso tion 88-110), Increment II of the project (1994-1999) consist d of the following: Element .= ea Office (gross sq. ft.) 20''.000 Retail/Service (gross sq. ft.) 37, 00 Hotel (rooms) 10 Residential (units) 2,00 Convention (gross sq. ft.) 310,000 Pursuant to certain changes in market conditi••s and to the proposed location of a performing arts center within the boundaries of the DRI, the Master Development Ordeand the Increment I Development Order are being amended concuently with this development order, to reflect the following and use categories for the revised time frame 1992 to 1999: 9 f• 0 9 Element Area Off .. e (sq. ft.) 337,000 Reta /Service (sq. ft.) 71,700 Hotel •rooms) 500 Residen ial (units) 2,000 Attracti ns (seats) 8,000 The Master Development Order made provision for "the simultaneous i creases and decreases between the land use catagories (sic), provided that the regional impacts of the land uses as chang=• will not exceed the adverse regional impacts of the Projec as originally approved, as measured by total peak hour ve :cle trips." The substitution of additional commercial development and attractions development for convention •-velopment does not exceed the total trips generated by the or'ginal configuration proposed by the Master Development Order. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1991). I. A comprehensive review of the probable 'pacts that will be generated by Increment II of the Project h,=s been conducted by various City departments, as reflected the South Florida J. This Development recommendations Regional Planning Council Order is consistent with of the South Florida the CAD, and sta the eport and Regional 'lanning Council, entitled "Development of Regional Impact Asse for the Southeast Overtown/Park West Community Redevelop Area - Increment II", dated -- 10 meet t The :� �' --- 0 2 South Florida Regional Planning Council recommends approval Increment II of the Project, and all conditions to which suc'. approval is subject are reflected herein. K. Increment II of the Project is consistent with the applicab- portion of the State land development plan and the Region Plan for South Florida. L. Increment II of the Project is in conformity with the adopted Miami C•"prehensive Neighborhood Plan. M. Increment II of t e Project is in accord with the district zoning classificatio.. of 11000, as amended. N. Increment II of the Pr•, "ect will have a favorable impact on the economy of the City. P. Increment II of the Proje•.t will efficiently use public transportation facilities. Q. Increment II of the Project wil" favorably affect the need for people to find adequate housin• reasonably accessible to their places of employment. R. Increment II of the Project will efficiently use necessary public facilities. S. Increment II of the Project will include ade.•ate mitigative measures to assure that it will not adverse -. effect the environment and natural resources of the City. T. Increment II of the Project will not adversely affe living conditions in the City. U. Increment II of the Project will not adversely affect pu:• a.c safety. - 11 There is a public need for Increment II of the Project. CONCL'.. S I ONS OF LAW: having made the findings of fact contained above, the City Comm ssion hereby concludes as a matter of law, the following: A. The City . Miami acting as a "downtown development authority" as refined in F.S. 380 (1991), and is authorized by F.S. 380 (1'•1) to make application for development approval and receiv a development order. B. Increment II of th'- Project complies with the Miami Comprehensive Neighborh.l•d Plan, is consistent with the orderly development and g••_ls of the City of Miami, and complies with local land devel••inent regulations. C. Increment II of the Project doe not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to he City of Miami and the Regional Plan for South Florida. D. Increment II of the Project is consistent with the report and reconuuendations of the South Florida Re•'=onal Planning Council and does not unreasonably interfere wit any of the considerations and objectives set forth in F.S. 38 991). E. Changes in Increment II of the Project which do not -xceed the Total Allowable Development or which do not result net reduction of more than five percent (5%) in tot - 12 - acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (199l).- .ACTION T N: That, having made the findings of fact and reached the conclusions o law set forth above, it is ordered that Increment II of the Projis hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSO'., AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS D CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PUR ;.ANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOG t ER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Incorporate the following in • the project design and operation to minimize the cumula 've adverse regional impact of the project, its traffic - d associated pollutant emissions on air quality; 2. a. Actively encourage and pro establishing a car and van pool in to ridesharing by rxnation program; b. Provide local and regional mass schedule information in convenient to the project, including office complex and adjacent to retail areas; ansit route and tions throughout 1.•.•bies and within c Encourage transit use by provision of development of turnout lanes, or provisi amenities to increase ridership; and d. Provide on -site bicycle storage facilities to use of alternative modes of transportation. For use and shelters, of other e courage - the purposes of water conservation, utilize low plumbing fixtures, self -closing and/or metered fauce other water conserving devices. 13 - ter s, Incorporate the use of water sensors and other low water volume landscape irrigation techniques to reduce the project demand on the region's potable water supply. 4. omplete the construction of N.W. 1st Avenue from N.W. loth Seet to N.W. 14th Street as a new four -lane divided fa lity prior to a. or b. below, whichever occurs earlier. a. T e date when all the certificates of occupancy which ha - been issued for Southeast Overtown/Park West - Inc -ment II will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identi 'ed in Exhibit 2 herein; b. December ":1, 1998. In the event the by December 31, 1997, the necessary right- of-way for the .ject improvement has not been acquired, then within 30 da•., the Applicant shall request a meeting with Council staff .. consider potential reallocation of the Applicants proportio,a1 share in the amount of $472,852 (1992 dollars). Any eallocation must be consistent with applicable statutes and les. 5. Comply with the requireme-ts of Chapter 14, Section 14-71, Code of the City of Miami, entitled Transportation Control Measures, which sets forth tie peak hour trip reduction and reporting requirements for th.xproject. 6. Conduct air quality modelling •' carbon monoxide impacts. The air quality modelling shall f• .low Florida Department of Environmental Regulation guidelines and shall: a. Be based on actual 1998 tra is counts for the intersections listed in 6.b. below; b. Include the following intersecti Avenue/N.E. 5th Street; and, N.E. 2n Street; and, s: N.E. 1st Avenue/N.E. 5th c. Be submitted by June 30, 1999, in a detail FDER and DERM for comment and review, and review and approval. analysis to SFRPC for 7. If the results of the air quality modelling s dy, as described in Condition 6, above, exceed 85 percent b._t less than 100 percent of the State standard fo.. CO concentrations, submit by October 30, 1999, a detaile• air quality monitoring plan to FDER and DERN for review d comment and SFRPC for review and approval. Pending approv 14 of the monitoring plan, withhold the issuance of any uilding permits for net new development within the subarea t._.t show exceedences of 85 percent of the CO standard. • 8. If he results of the desc bed in Condition 6, pursua t to Condition 7, CO conc trations, do one a. Provi that C developm predicte additions will be mi for the p documentation comment and re approval. air quality modelling study, as above, or any monitoring results above, exceed State standards for of the following: acceptable documentation which clearly indicates exceedences will not occur, or that the net new nt seeking approval will not contribute to the CO violation, or that any potential CO or each net new development have been or ated prior to issuance of building permits ticular net new development. This ust be submitted to FDER and DERM for iew, and to the SFRPC for review and b. Withhold the issuace of any building permits for net new development w hin the subarea that shows CO exceedences. 9. Integrate all original and a consolidated Application and submit two copies of th copy to the Department of Co of the effective date of the shall be prepared as follows: pplemental ADA information into r Development Approval (CADA) CADA to the Council and one nity Affairs within 30 days development order. The CADA a. Where new, clarified, or rvised information was prepared subsequent to submittal f the ADA but prior to issuance of the development orde whether in response to a formal statement of in-rmation needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Numb (R) - Date" notation, with "Page Number" being the number of the original page, "(R)„ indicating that e page was revised, and "Date" stating the date of the evision. 10. Submit an annual report to the Council, and the epartment of Community Affairs on each anniversary date of the effective date of the development order. The annua report_ shall include, at a minimum, a complete response t,• each question in Exhibit 3 (Annual Report). 11. Identify in the development order any approved develop -nt, including the acreage attributable to each approved 1nd use, open space, areas of preservation, and green belts, and - 15 the structures and improvements to be placed on the property, including locations, acreages, gross square footage, number of units, and other major characteristics'or mponents of the development. 12. Establish the termination date for completing development as Dece .ei- 31, 1999, provided that the applicant, its succe .ors, and assigns, complies with Condition 15, herein. The to ination date may only be modified in accordance with Section ..:0.06(19)(c) F.S. 13. Establish 14. Establish the days from tra Department of Co Planning Council, the development or will take effect on withdrawn or resolved expiration date for the development order. ffective date of the development order as 45 mittal. of the development order to the unity Affairs, the South Florida Regional and applicant; provided however that if er is appealed, the development order the day after all appeals have been ursuant to Section 380.07(2) F.S. 15. Record, within 30 day development order, notice order with the Clerk of pursuant to Section 380.06( development order runs with t applicant, its severally. successors, 16. Meet the following state development order: a. ..A4Arei?,,o-e2z-d 41.140-' of the effective date of the f the adoption of the development the Dade County Circuit Court ), F.S., specifying that the e land and is binding on the nd assigns, jointly or criteria for issuance of a DRI The development order shall specify The name of the development. The authorized agent of the develop The name of the developer. A statement that: The Application for Development Approval approved, or Al is The ADA is approved subject to condit specifying the conditions, or The ADA is denied, specifying the reasons for denial and changes in the development proposal, if any, that would make it eligible to receive development approval. 16 b. Findings of fact and conclusions of law addressing whether and the extent to which: (1) The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; ( The development is consistent with the local land development regulations and the adopted local comprehensive plan; (3) T e development will be consistent re mmendations of the Council DRI pur ant to Section 380.06(14) F.S.; and with the Assessment (4) The development makes "adequate provision for the public cilities needed to accommodate the impacts of the p`.*•osed development” or the City commits in the devel• rent order to provide these facilities consistent 'th the development schedule. c. A legal description 17. Designate conditions procedures conditions of the property including acreage. an official o monitor compliance with all of the developm nt order and specify monitoring that, at a min�um, require development order to be reviewed by ty of Miami prior to issuance of any local development permi 18. Incorporate the Consolidated Alication for Development Approval by reference into the dev opment order as follows: "The Consolidated Application for D incorporated herein by reference an parties in discharging their statutory F.S. and local. ordinances. Substantial representations contained in the Applicati Approval is a condition for approval u modified by agreement among the City, the Regional Planning Council, and the a successors, or assigns." velopment Approval is +` relied upon by the \uties under Ch. 380 \compliance with the for Development ess waived or South Florida licant, its 19» Incorporate into the development order by reference the Council DRI Assessment for Southeast Overtown/Pa West - Master and Increment II. 20. Attach copies of all exhibits referenced in the devel order. 17 J--93-177 2/24/93 RESOLUTION NO. 9 3 -- 217 A RESOLUTION AMENDING THE INCREMENT II DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT AS SET FORTH IN EXHIBIT "A" ATTACHED TO RESOLUTION NO. 92-609 ADOPTED SEPTEMBER 24, 1992; MAKING FINDING THAT SAID AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION; AND APPROVING SAID AMENDED DEVELOPMENT OF REGIONAL IMPACT AND MAJOR USE SPECIAL PERMIT; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING TO TRANSMIT COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT. WHEREAS, on October 10, 1991, the City of Miami submitted a complete Application for Development Approval for Increment II of a Development of Regional Impact to the South Florida Regional Planning Council and the Florida Department of Community Affairs, pursuant to Sec. 380.06, Fla.Stat., for the ongoing development through the year 2007 for the area designated in 1982 by City Commission Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 16, 1992, following an advertised public hearing, adopted Resolution No. PAB 92-27 by a nine to zero vote, Cri COMMISSION METING OF MAR 2 5 1993 Resolution No. 83- 217 RECOMMENDING APPROVAL of the Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area; and WHEREAS, on September 24, 1992, the City Commission conducted an advertised public hearing pursuant to Sec. 380.06, F1a.Stat.; and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council, and each element required to be considered by Sec. 380.06, F1a.Stat.; and WHEREAS, the City Commission adopted by Resolution No. 92-609 on September 24, 1992, the Increment II Development Order as hereinafter sot forth; and WHEREAS, the Department of Community Affairs subsequently determined that certain language in the development order should be deleted and that such deletion would not constitute a substantial deviation necessitating a public hearing before the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Increment II Development Order for the Southeast Overtown/Park West Development of Regional Impact, as set forth in Exhibit "A" attached to Resolution No. 92-609, adopted September 24, 1992, is hereby amended as follows: -2- 93- 217 "EXHIBIT A ATTACHMENT TO RESOLUTION NO. 92-609 SEPTEMBER 24, 1992 SOUTHEAST OVERTOWN-PARK WEST INCREMENT II DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 4. Complete the construction of N.W. 1st Avenue from N.W. 10th Street to N.W. 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment II will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31, 1.998. In the cv-cnt that by December. 31, 1997, the hoc no t been acquired, then within 30 days, the Applicant shall re a meeting ouncil staff to consider potential reallocation of the Applicants proportional share in the amadfit of $472,052 (1992 dollars). Any reallocation must be consistent with applicable statute-s and rules. -3- 93- 21'7 "EXHIBIT A ATTACHMENT TO RESOLUTION NO. 92--609 SEPTEMBER 24, 1992 SOUTHEAST OVERTOWN-PARK WEST INCREMENT II DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 4. Complete the construction of N.W. 1st Avenue from N.W. 10th Street to N.W. 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for Southeast Overtown/Park West - Increment II will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31, 1998. r r nc-wet hao not bccn acquired, then within 30 dayc, the tc.ff to concider potential reallocation of the -3- 93-- 217 5. Comply with the requirements of Chapter 14, Section 14-71, Code of the City of Miami, entitled Transportation Control Measures, which sets forth the peak hour trip reduction and reporting requirements for this project. Section 2. The City Manager is hereby directed to instruct the Director of Planning, Building and Zoning to immediately transmit certified copies of this Resolution amending Exhibit "A" of the Increment II Development Order to: Mr. Thomas Beck, Chief, Bureau of State Planning, the Florida Department of Community Affairs, Division of Resource Planning and Management, Bureau of State Planning, 2740 Centerview Drive - Rhyne Building, Tallahassee, Florida 32399; Mr. Rob Curtis, the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021, and to Mr. Herbert J. Bailey, Director, City of Miami Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. Section 3. In the event that any portion or section of this Resolution amending Increment II Development Order for the Southeast Overtown/Park West Community Redevelopment Area is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution amending Increment 11 Development Order for the Southeast Overtown/Park West Community Redevelopment Area, which shall remain in full force and effect. -4- Section 4. This amendment does not constitute a substantial deviation pursuant to Chapter 380, Fla.Stat. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of March , 1993. MATTY HIRAI City Clerk PREPARED AND APPROVED BY: r /,1 mac ' LINDA KELLY KEA ON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: A QU N JO City Attorre LKK/pb/M3467 11I r XAVIER L. UARE Z MAYOR 93- 217 J-99-9-28 12/14/99 — RESOLUTION NO." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DRI") MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NO. 91-698 ADOPTED SEPTEMBER 26, 1991, RESOLUTION NOS. 94-849 AND 94-850 ADOPTED NOVEMBER 17, 1994, RESOLUTION NO. 98-219 ADOPTED FEBRUARY 24, 1998, RESOLUTION NO. 98-787 ADOPTED JULY 21, 1998, RESOLUTION NO. 98-1153, ADOPTED NOVEMBER 17, 1998, AND RESOLUTION NO. 99-159, ADOPTED FEBRUARY 23, 1999), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", BY AMENDING THE MASTER AND INCREMENT I DEVELOPMENT ORDERS IN ORDER TO: 1) EXTEND THE BUILDOUT AND TERMINATION DATES TO REFLECT APPROPRIATE TOLLING PERIOD FROM APPEAL; .2) CLARIFY THE COMPLETION DATES FOR INDIVIDUAL PROJECTS APPROVED UNDER INCREMENT I OF THE DRI; AND 3) AMEND LANGUAGE TO CLARIFY THAT SIMULATANEOUS INCREASES AND DECREASES IN LAND USE CATEGORIES MAY BE APPROVED WITHOUT NECESSITY OF A NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DRI; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM CHAPTER 380, FLORIDA STATUTES (1997); AND ALSO FINDING THAT THESE CHANGES ARE IN' CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on. December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact ("DRI"); and CITY COMMISSION vlEEsIFSG DE DEC 1 L1999 He o1uiiou No. 4 , • w tom• J �.� Resolution No. 87-1149 approving the Increment. I Development Order for the DRI; and WHEREAS, there is a need to modify and clarify certain language pertaining to buildout and termination and simultaneous increases and decreases in development credits in order to more effectively implement the DRI; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 20, 1999, following an advertised public hearing, adopted Resolution No. PAB 46-99 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the DRI with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (1997), the Downtown Development Authority submitted a "Notification of a Proposed Change to a Previously Approved DRI" ("NOPC"), to the City of Miami, the South Florida Regional. Planning Council, and the Florida Department of Community Affairs on October 29, 1999; and WHEREAS, on December 14, 1999, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I Development Orders for the DRI as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the DRI; and WHEREAS, the City Commission deems it advisable and in the 2 best public interest, and the general welfare of the City of Miami, to amend the Master and Increment I Development Orders for the DRI as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. 'The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in thin Section. Section 2. The proposed amendment to the Master Development Order for the Downtown Miami Development of Regional. Impact ("DRI") (Resolution No. 8 7 --114 8 , as amended) (a) does not constitute a substantial deviation and, therefore, does not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1997) and (b) is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendment to the Master Development Order for the DRI (Exhibit "A") is hereby approved. Section 4. The proposed amendment to the Increment I Development Order for the Downtown DRI (Resolution No. 87-1149, as amended) (a) 'does not constitute a substantial deviation and therefore, does not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1997); and (b) is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section S. The attached amendment to the Increment I - 3 - tlf Development Order for the DRI (Exhibit "B") is hereby approved. Section 7. This Resolution shall become effective forty-six (46) days from the date of adoption.1' PASSED AND ADOPTED this 14th day of December , 1999. JOE CAROLLO, MAYOR { Mi ., :.,; ` Sec. 2- e �inr� E; s lap»n, I'r ind' E v;a f 9n aC`,.:!�r.a3tti�i� �fiu � �i ; F .., _ , u;_ �O'' •i Iw �.� c_�?L'1iCti � 0 by signinci i, i i,`;.....rios. effective with the elapse Cf ten (IT, 4c• f, ircf l I; i "� .�-`` regarding same, without the Mayor exer►-s r� e .ATTEST: WALTER J. FOEMAN CITY CLERK,, APPROVED ASTO`..FORM,, D CORRECTNESS .Y `ATTORNEY 03898:GMM:eij:BSS Waite , City Clerk 1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. 4 J-99-187 2/23/99 RESOLUTION NO 9 9- 159 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING RESOLUTION NQ. 98-1153, ADOPTED NOVEMBER 17, 1998, BY SUBSTITUTING EXHIBITS B-1 AND B-2 FOR EXHIBIT THE CUMULATIVE EFFECT OF THE LAST TWO AMENDMENTS TO THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 8 7 -114 8 AND 8 7 -114 9 , ADOP'1'.D DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NO. 91 - 6 9 8 ADOPTED SEPTEMBER 26, 1991; RESOLUTION NOS. 94-849 AND 94-850, ADOPTED NOVEMBER 17, 19 94 ; RESOLUTION NO. 9 8 -219 , ADOPT E1.0 FEBRUARY 24, 1998; RESOLUTION NO. 9 8 -- 787, ADOPTED JULY 21, 1998; AND RESOLUTION NO. 98-1153, ADOPTED NOVEMBER 17, 1998), FOR LEIE AREA OF THE CITY OF MIAMI "UNDER '1'1 J JURISDICTION OF TEE DOWNTOWN DEVELOPMENT AUTHORITY AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION P:R CHAPTER 380, FLORIDA STATUTES (1997); AND ALSO FINDING THAT THIS CHANGE IS IN CONFORMITY WITH TEE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact and Resolution No. 87-1149 approving the Increment I Development Order for the. Downtown Miami Development of Regional Impact; and WHEREAS, on July 21, 1998 and November 17, 1998, the City Commission adopted Resolution Nos. 98-787 and 98-1153, Calr CONICSSIGN ETIRG OF FEB 2 3 1999 Beaolution fa0. respectively, amending the Downtown Miami Development of Regi.ona Impact; and WHEREAS, Resolution No. 98-11.53 did not accurately reflect the cumulative effect of the amendments described herein due to the fact that the second amendment was filed prior to the effective date of the first amendment; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 17, 1999, following an advertised public hearing, adopted Resolution No. PAB 07-99 by a vote of seven to zero (7-0) RECORDING APPROVAL of the proposed amendments to Resolution No. 98-1153 pertaining to the Downtown Miami Development of Regional Impact; and WHEREAS, on February 23, 1999, the Miami City Commission held a public hearing on the proposed amendments to Resolution No. 98-1153 pertaining to the Master and Increment I Development Orders for the Downtown Miami. Development of Regional Impact as attached hereto to substitute Exhibits B-1 and B-2 for Exhibit nI]TI of said Resolution; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for said amendment; and WHEREAS, the. City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend Resolution No. 9871153 as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE -COMMISSION OF THE CITY OF MIAMI , FLORIDA: - 2 -� 459 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference 'thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendment to Resolution No. 98-1153, adopted November 17, 1998, adopted November 17, 1998, pertaining to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact (Resolution Nos. 87-1148 and 87-1149, as amended), does not constitute a substantial deviation and, therefore, does not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (Sapp. 1993). This amendment is in conformity with the .Miami. Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached Exhibits B-I and B-2 hereby replace Exhibit 'TB" of Resolution No. 98-1153. Section 4. This Resolution shall become effective C ) ilUuuediate.y upon its adoption and signature of the Mayor. PASSED AND ADOPTED this 23rd day of ATTEST : February , 1999_ In accordance with Miami Code Sec this legislation by signing it in the becomes effective with the elapse . regarding same, without the May JOE CAROLLO, MAYOR . 2-36, since the Mayor did not indicate eDrirovllJ of designated piece n-:+vir ed, sale ten�(10) day m the of C;.;ru3-.��.Ln actic-. xer c mars, City Clem; WALTER -FOEM N CITY C'T,RRR APPROVED AS RM AND CORRECTNESS.. ALE ORNEY LO 253:G!M:BSS:hdb:oak 1/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor`vetoes this Resolution, is shall become effective immediately upon override of the veto by the City Commission. 4 - 15 9 EXHIB1T "A" Explanation of Change in Land Use Category The Increment I development order (Res.fl 7-1149), page 3, allows the City to simultaneously increase and decrease certain land uses, "provided that the regional impacts of the land uses as changed wall not exceed the adverse regional impacts of the land uses in Increment I of the project as originally approved, as measured by total peak hour vehicle trips". On November 26,1997, the Applicant filed a Notice of Proposed Change (the "November NOPC") requesting an increase in the number of seats permitted in the Attractions/Recreation category from 6,500 to 30,500 seats permitted in Increment I in order to permit the development of the American Airlines Arena (the "Arena"). The November NOPC provided for a decrease in the office use category by 81,871 gross square feet which numberwas arrived at by the dividing the 49 PM peak hour trips associated with the 24,000 seats needed by the office trips per square foot provided in Table 1 attached. As part of the November NOPC approval process, the Operator of the Arena (the "Operator"), the City, the DCA and the Applicant (hereinafter sometimes collectively referred to as the "Parties") agreed that the decrease in unreserved credits for office use were not sufficient to permit the Operator to hold events which start between 5:00 PM and 7:00 PM or end between 4:00 PM and 6:00 PM (the "Special Daytime Events"). The parties did agree, and Condition No. 33-of the Development Order (the "Condition") adopted in connection with the November NOPC states the following: "In the event the Applicant files a future NOPC, the Development Order issued in connection therewith will restrict the utili-eation -ofthe Arena to no more than ten (10) Special Daytime Events each year which will include five (5) Special Daytime Events which utilize the full house (S0% or more of the 19,600 seat capacity), together with five (5) Special Daytime Events which utilize a limited house (between 60% and 80% of the 19,600 seat capacity)." The Condition further states that the future NOPC would provide for an office to attractions/recreation transfer for the ten (10) Special Daytime Events in the amount of31$,496 square feet. The Condition also recognizes that there would be certain peak hour traffic impacts from employees, vendors and other personnel (the "Employees"). The Parties agreed that in the event the Applicant files the future NOPC, the Applicant would provide for the impact of such employees by a further reduction in the office category 0158,832 square feet. Therefore, this Notice of Proposed Change provides for the reduction of office square footage of 404,478 square feet (345,646 square feet for the Special Daytime Events and 58,832 square feet for Employees). The actual number of seats permitted in the attractionsLrecreation category shall not be increased. The 24,000 seats which was approved for the Arena already includes such Employees and there is no increase in the capacity of the Arena required to hold the Special Daytime Events. MIA95 22690 1- LXC 7Rw8 Exhibit "RAF Master Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Slazyk, Assistant Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: nd uses (gross square feet) - Government nment Mee (ogress -square feet) 300,000 Retail/Service (gross square feet) 1,050,000 Hntei (room) 1,500 Residential (dweimng• units) 3,550 Convention (gross square feet) 500,000 Wholesale{ industrial (gross square feet) 1,050,000 Institutional ( gross square feet) 300,000 Attract ions/Recreation ( sue) 30,500 Marine FacTrties = 230,000 mta.95 =0=2 - LXC 7trass Increment I Increment II Increment Ill Buildout- 3uidout- Buildout- Dec. 30, 1999 Dec. 30- 2005 Dec. 30. 2014 Totals flii,3,600,000 3,700,000 13,09:;,40;. 6,190,928 13 490928 250,000 200,000 750,000 400,000 500,000 1,950,000 500 1,100 3,100 2,550 2,920 9,020 0 0 500,000 0 1,050,000 2,100,000 0 300,000 600,000 1,600 5,000 37,100 230,000 25 ;9_ '3 C�J F.� STATE OF FLORIDA ) COUNTY OF DARE ) CITY OF MLAMI . ) I, WALTER J. FOEM4N, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 trough 7, inclusive, constitute a true and correct copy of a Resolution with attachments passed and adopted by the City Commission at the meeting held on the 176 day of November,1998. SAID RESOLUTION WAS DESIGNATED AS RESOL UTIONNO. 98-1153 IN WITNESS W EREOF, I hereunto set my hand and impress the official seal of the City of Miami, Florida this 13h day of January, 1999 By: (OFFICIAL SEAL) WALTER J. FOEM.AN City Clerk Miami, Deputy Clerk Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER : Matthew £ chwart s Patricia A 1'1 pr , Executive Director, Downtown Development Authority and Rodrigucg Txrorrips fit vk, Assistant Director, City of Miami,. Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Land uq Office (gross square feet) Government Office (gross square feet) Retail/Service (gross square feet) Hotel (room) Residential (dwelling units) Convention (gross square feet) Wholesale/ Industrial (gross square feet) Institutional ( gross square feet) Attractions/ Recreation ( seats ) Marine Facilities Increment I Buildout- r), r 70. 1 999 6,677,277 6, 595, 4066 300,000 1,050,000 1,500 3,550 500, 000 1,050,000 300,000 6,50g 30,500 230,000 Increment II increment III Buildout- Buildout- In 7OOt, Japr. ';r. 2(11a TotpiR 3,600,000 250,000 400,000 500 2,550 0 0 0 1, 600 3,700,000 :3,077,277 13,895,406 200,000 750,000 500,000 1,950,000 1,100 3,100 2, 920 0 . 1,050,000 300, 000 5,000 9,020 500,000 2,100,000 600,000 13,100 37,100 230, 000 8..9- 973 1 Pursuant to F.S. 380.06(22) (1984 1997), the Project specifies the total amount. of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987 1997) CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development 0 Ct C4 7 0 - 2 - Authority of the City of Miami, Florida. DERM : The Metropolitan Miam-i_)ade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. r1JER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance NY) D.500 11000, the Zoning Ordinance of the City of.Miami, as amended. Net New Development: 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. • 3 Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and ,boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used developed as a unit. or Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: 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) (1987 1997), and which shall be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities S,C77,277 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet £, 5G4 lf, 5O0 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use impacts of they land .uses categories, provided that the regional as changed will not exceed the adverse i� o du regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. ACTION TAKEN: That, having made th conclusions of law set Increment 1 of the Project following conditions: e findings of fact and reached the forth above, it is ordered that is hereby approved, subject to the THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF 'i'.HIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 32_ 33 r nt' 1v t'€'ciwi cr nw I R reant�Par on __t' 11�' _nrQT err rievPlonari, the City will rewire that- h:e onerataf_ the re {�mm�l r wi th C`hant'er 39-27-fQ2, F A-C_, and abide by Water Fish Commmission Arena: This level nnment terrier d Ps_jint ciirrent-1 v authorize, the anera t nr Df J—b Arena (the "c ner -fir" ) tr2 hnl ri events whirstart" hetwe.en 9 - OO r Dr1 7-on n m _ nr .. Qnr, 973 PJvPnts"). Howpvpr. the AppJirant Cry and the fleaartment nf Community Affairs (n_prA TT] rec,ngnize that a surplus of development credits for office use iR currently approved under this sufficient quantities to offset related tn such Snerial Daytime ir Exhibit B to the Notice of November 28,, 1997, a total of e. Dey:elopment Order in the peak hour Impacts Rvpnts As identlfied Proposed Change danpd 689.881 sauare feet of unreserved rrpdits for office is P now remain Tn the event the Onprator desires to hnld Special Davtim Rvents in the future, the Apnlicant shall submit an e dditional Notice of Prnnnspd Change during Tncrement T (the "Future NOPC") whirh will specify the mrmim n umber of annual Sperial Daytime Rvent5 that will he authori7ed to he held in the Arena. with roncomitant reductions in nffire us- to PnRure rilaY p-m neck hour trio generation shall nnt jnrrease. The Anpl r•ant , the (-try the Jaci_A and the Onera tor have v rent-s and the relaree Lane use'rransfers rerruired. to mitigate those imnarts Tn the event the _Aniplicant„ files the Future INTOpc rhedev_-elnnment nrr1pr issued in, the Arena to up more than tPr Spprial Davtimp Rvents Event s which utiTize the full house f80% or MOYP of the 19.800 .seat ranaritv). together witil five Special Daytime Events whirh utilize a limited hnusp (between 60% and 80% of the J9 8(10 _spat canarity) Those ten -Special L_Davtime _EN:para will sTeate peak hour traffic. volumes which necessitate R lane 11SP transfer berwPpn, office and attrarrions/rprrparinn Slirh P rYPTIStar would be ralculatpd in pronorrion these events orcur during rj,p Jn the _number of days year The Soprial - 7 3 6 anacim azeragajathesneri al Daytime Rvents whirh utilize between En§ and Elin sear_capaaLt.y a.ever117o age spertators The office tn attrartinnsfrerreation transfer _shall bs based PrnpQttinutelv unon the total_ number of weekdays t-n 1-171F11 traffic for tbap t_fvr anecial flay -I -imp Rvents and the transfer would he 3.18 49e souare feet. Tn conjunction with the filirg of the Futurm_NOPf ,the Citv will terMire thQperator to „5„.u_bmit a Special Davtimp Rvent Traffir Plan (the "Snerial DavtiMe jxir21mauthsniartarhe-_exaecreddarP-fsartha issuance nf R rertifirate of Orcurancv for the Arena. The Special Daytime Plate wiLL—ta_nzaLiiesivbv tile evrnts that do not impary n m npRk puuant tn condition 18 of the Permit Dev'elorment Order for tb.e Arena. The Special Davtime Plan will recognize the di_ffFreat traffic charactPristirs in the daytime, suCh RS e Dulassibilitv natrons alrpadv in thp nnwrtnwn The sppzial natrnn during the dAvtimP hours which., most likely, will place the vehirlms R farther distarrm from thm (ii) Polire Control of IntersectionszLiiire Overrides7 Lvl Op-Rrrefar Parking v sE.av)- fx_CTransitifftgh Orcunancv Vehicles. iaci) Arcess - Mnries No ,additional traffic studies ur P a in rnrr bti nn with th filing of tha PutlIrs, NOPC. LL. Tr is also understood_that events_b .ginning after 7 - Q0 n m will result- in terrain pp,ak hour traffic imparts frnm empi nyees, vendors and other Personnel (the " I nvePs") . The Aonli ranr . the City. the DCA and the Onerator have agreed that wi tb the Rucloveea added to the non-event clav volume LDsi ng actual Emnloyee chararrerstios instead_ nt flap rrjversjon matrix) . the nffi r.e transfer wnitl d be an additional 5)1,812 square feet- for ..58 waekdav evening Year Ann1 j Gant Agrees to flrovtsie for tie i_mnarrr of math V zat.t" 'act.aon.sirecrea c On Pon -event days. this flevelooment Order nrovid s _ for a reg�irction in the offi re rategnry of R't , B7irPrara feet L- - • the Future NQPC 1 s filed it will contain a total '377,12R square feet. inventory as part nt; The traffi r clontral MaDagPMent _Dian for the Arena (the "__Parking Jnvetrnrv" ) v The Parking parking spares guaranteed t-n he ova ahl e fcr parking for events at the Arena* (the "C iarau-eed Snares"1 . The Operatnr .hall hp permitted ro s bmir a me 1 r?rinn . .- P. . ' a+ approvi d'by t- he ' ri tv Commission Tt modifj cat i oll which 8 ,shall confirm that the minimum number nt± Guaranteed Snares are being provi r1 d The Qnerator will have the obligation .rn insure that the Guaranteed spares will he available Parh and every year during the tirsr ten (1_11)_years of operarjnn nf the Arena. The Guaranteed Snares will be located wi thj n a rPasnnahla proximity to the Arena. ThP on -site parking Will he considered part of the required Guaranteed SpaC s The traffic control management nlan will also address issues relating to shuttle services for the grena in cnnj nrtinn with shuttle initiatives being studied by the Annlicant. The ooeratnr _grPPs to submit interim reports nn the statues nf the traffi r control management r1) an to the City Manager at six (6) mnnth intervals, until such time as the plan has been annrnved by the Ci tv _Coutssj nn J't is i nderstnnd that ,the traffi r rnntrnl management plan shall be submitted for City Commi ssinn 'anprova1 _at 1 eat Rix (F) monthsmonthsr prior to the issuance of the temporary e -ti ficat-e of occupancy for the Arena 15 The Ann1 i rant shall form and rhai r cnmrDi ttee to art as rnordinator of events in the nntown area (the "RventS Committee") Sneri f i_ral 1 v t]"IP Rvpnt.s Committee shall use faith efforts to coordinate the hedulj_ng O. events, with a soei^i 1_ fnrus nn traffic and narking related, Arena: (ii] the PP7-forng Arts Center- Ravfront Park: (ivl the Miami Arena; (vj Baysj e Specialty Center: and (vil the Miami Gauih]thg shin ('p11ertiv 1v _rhe "Facilities") The Annlirant shall renvire that s.ach of the facilities appoint a representative to sit nn the camm'LrtPe and shall representatives r rt i rthate in the arhedul i ng nf events " r,_ +rj EXHIBIT B E� hihit ' Master Development Orc MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Slazyk, Assistant Director, City of Miami Planning, B»ilding and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami througl- the Yeas 2014, including the following land uses and increments: Land uses Increment I increment II Increment III Buildout- Buildout- Buildout- Dec, 30, 1999 Dec. 30, 2005 Dec. 30, 2014 Totals )flee (gross square feet)- 3,681,890 3,600,000 3,700,000 10,981,890 Gaver ent ° oe (gross square feet)- 300,000 250,000 200,000 750,000 Retail/Sereice (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (room) 4,500 * 500 1,100 6,100 Residential (dwelling units) 10,550 2,550 2,920 16,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/ Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation ( seats) ' 30,500 1,500 5,000 37,100 Marine Facilities 230,000 0 0 230,000 Note: These figures and buildout dates contain amendments to the Downtown Develo m Order previously approved by Resolution Nos. 91-698, 94-849, 94-850, 98-219 98-787 and 98-1153. EXHIBIT` Exhibit " Increment I Development Ord INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT:, Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtowi Development Authority and Lourdes Slazyk, Assistant Director, City of Misrrsi Planing Building and Zoning Department, or their successors, PROJECT DESCRIPTION: The Project consists of development in Downtown Miami througl-. the Year 2014, including the following land uses and increments: Land uses Increment I Invent 11 Increment III Buildout- Buildout- Buildout- Dec. 30, 1999 Dec. 30, 2005 Dec. 30, 2014 Totals Office (grass square feet)- 3,681,890 3,600,000 3,700,000 10,981,890 Government Office (gross square feet) 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Betel (room) 4,500 500 1,100 6,100 Residential (dwelling units) 10,550 2,550 2,920 16,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/ Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation ( seats) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 230,000 Note: These figures and buildout dates contain amendments to the Downtown Development Order previously approved by Resolution Nos. 91-698, 94.849, 94-850, 98-219, 98-787 and 98-1153. 2 Exhibit UBU Master Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Lourdes Slazyk, Assistant Director, City.of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: "r,nc3 users Increment I Buildout- 11=r, R0 1999 Office E, 677,_77 (gross square 6,595,406 feet) Government 300,000 250,000 Office (gross square feet) Retail/service (gross square feet) Hotel (room) Residential (dwelling units) Convention (gross square feet) Wholesale/ Industrial (gross square feet) Institutional ( gross square feet) Attractions/ Recreation { seats ) Marine Facilities 1,050,000 400,000 1,500 500 3,550 500,000 0 1,050,000 0 300,000 E, 500 30,500 230,000 Pursuant to__.F : 2,550 0 1, 600 380.06 (22) (198 Increment II Increment III Buildout- Buildout- 7) r. 311. 2onri npr 3f}, 201,1 3,600,000 3,700,000 200,000 500,000 1,100 2,920 0 1,050,000 300,000 5,000 1E497), the Trims 13,977,277 13,895,406 750,000 1,950,000 3,100 9,020 500,000 2,100,000 600,000 13,100 37,100 230,000 Pebject specifies 923 - 1 - the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT -PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: .ADA or Application for Development Approval.: The original Application.for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (398" CADA or ConsolidAted Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any ttNet New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional. Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority or the City .of Miami, Florida. C - 2 - DERM: The Metropolitan Miami -Dade County Department Environmental Resources Management. of Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. 'DER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance N'o. 9500 1- D00, the Zoning Ordinance of the City of Miami, as amended. Net New Development: 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 fbr 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. Parcel of Land: Any quantity of land capable of being described 89- ;73 4 4 24 with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: 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) (1987 1997), and which shall be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities C,S77,277 .E99,40 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 6, 500 3fl .00 seats 230,000 gross square feet 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 changed will not exceed the regional impacts of the land uses in Increment I of the as originally approved, as measured by total peak hour trips. ACTION TAKEN: That, having made the findings conclusions of law set forth above, it I of the Project is hereby approved, conditions: adverse Project vehicle of fact and reached the is ordered that Increment subject to the following THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT - ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 12. In the event burrowigg owls reannear 9n the una ert-s goon 3trhicj::L..the__zunesiaazL_Aird.jzLe.s.___Ltha_..2Arejaanll:L Jae aPVPI n_Pd, r�rx will _+'rP rh rh op.eT>ror of rha Water Ftstt Commission. Arena • This Dpvelonmenj- Order does not currently author; a rhP Qr1eraror of the Arena (the "Operator")_ tn hold events which start hetrween S • OO _p.m and 7: 00 p rrr_ nr end, het-ween t:00 p,ln_ and 6- 00 p m (the "Speri al Daytime T7vetjrs") . T nwever, _the Applicant, tha City and the Department of C'ommirni,ry Affairs j"UCA"] —recognize that a surplus of development _credits for office use is currently annroved Roder _this S?erAJr'3rnenr Order in s ffic�ient- rn�ant. i f- j. Pc o nffser _rhP reek hnnr imps c, relate& t-n such Soeci 1 Daytime Vents _ As identified, in 1xhihit T3 tn the_Notice of Proposed Change dated unreserved credits fnr nffire use now remain In the event the Operator deqjrea Zo hold •- Rverfis in the future, the Applicant shall submit _an additional Not-•i cp of Prnnosed f hange during SIlcrement I (the "Futi r NQPC" ) j'ihi rh will sr ri fv rhP maxim v authorized to he held 1n rhP A1-Pna . w-i th cnncomi tan•t reductions in off i re 115t, t-n ensiire__• t D _m _ peak hour t-rin ganPratinn shall _not inrreasP_ The Annl i rant-, t-hP ri tv. the TrA and rhP RnPrats,r la'JP agreed anon the _impart rreat-eri by rhp Srteri al Daytime F,uanr s and rtlg, slat- pri i,anri Use rrT_ntf ers___-/"'PD1 i rPrl tQ mitigate chose inmanrs . in the ev? t t-he Apnlicant files the__Future NOPf the rdevel nnment- order issued ,ii connection therewith will. restrict - each _gear. which wz_l Cnrlurla fiv Events whi rh i+li va rhP f,71 jacalsfBO� o mnrP of the 19.600 sPR,r ranari tv) . t ngethpr 'Lt;h fiv' Sneci al nAV rliaeE r rs ubirh ur i l i ze a 1 ixn Lecd,,,,_,ho se a " en 6 .474 �9 € J-98-105 2/24/98 RESOLUTION NO . 9 8 - 21 A RESOLUTION, WITH A'ii'ACHMENTS , AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION. NOS. 91-698 ADOPTED SEPTEMBER 26, 1991, AND RESOLUTION NOS. 94-849 AND 94-850 ADOPTED NOVEMBER 17, 1994), FOR THE AREA OF illE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED HERETO) , BY AMENDING THE MASTER AND INCREMENT I DEVELOPMENT ORDERS BY SIMULTANEOUSLY INCREASING 'AND DECREASING THE QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES; ADDING NEW CONDITIONS; FINDING THAT THESE CHANGES DO NOT CONSTITU'1h SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1997) ; AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH .L± MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact, and Resolution No., 87-1149 approving the Increment I Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, there is a need to increase the number of seats in the attraction/recreation land use category to accommodate proposed new development, while there is a surplus of unused development in the office land use .category; and ATTACH ' E T CS) G'rIT COA 8SIO1'? =TING OF. FEB 24 1998 WHEREAS, the simultaneous increase and decrease in the aforementioned land use categories is compatible with the uses designated for the downtown area and does not conflict with the land use designations for the area as 'designated in the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 14, 1998, following an advertised public hearing, adopted Resolution No. PAB 04-98 by a vote of six to zero (6-0) RECOMMENDING APPROVAL of the proposed amendments to the master and Increment I Development Orders for the Downtown Miami Development of Regional Impact with conditions as attached hereto; and WHEREAS, pursuant to Subsection 330.06(19), Florida Statutes (Supp. 1997), on: November 26, 1997, the Downtown Development Authority submitted a "Notification of a Proposed Change to a Previously Approved DRI," to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs on November 26, 1997; and WHEREAS, on January 27, 1998, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Ji Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend the Master and Increment I Development Orders for the Downtown Miami Development of Regional, Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TEE CITY OF MIAMI , FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by' reference thereto and incorporated herein as if fully set forth in this section. . Section 2. The proposed amendments to the Master Development Order for the Downtown Miami. Development of Regional Impact (Resolution No. 87-1148, as amended by Resolution Nos. 91-698, 94-849 and 94-850), which are attached hereto as Exhibit "B" and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development of regional impact review pursuant to Subsection 380. 06 (19) , Florida Statutes (Sapp. 1997). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section.3. The attached amendments 'to the Master Development. Order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 4. 'The proposed amendments to the Increment I 3 .. Development Order for the Downtown Miami. Development of Regional Impact (Resolution -No. 87-1149, as amended), which are attached hereto as Exhibit 93" and made a part hereof, do not constitute a substantial deviation and therefore, do not require further development of regional impact review pursuant to Subsection 380.06 (19) , Florida'Statutes (Sapp. 1997) . These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 5. The attached amendments to the Increment 1 Development Order for the Downtown Miami Development of Regional Impact (Exhibit uB") are hereby approved. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of February , 1998. ,f VIER L J SU REZ , MAYOR WALTE CITY CLERK PREPARED AND APPROVED BY: � j& GORGE iC 1WYSONG, I. •ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: L EDWARD ; =LL RIM CITY A ORNEY 2194 : GKW: SS p 973 - 5 - 9 Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF'DEVELOPER: Matthaw Schwartz rat•r-ir-i R 411pr, Executive Director, Downtown Development Authority and £czgio Rodriguca Lcuri s Slayyk, Assistant Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The .Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment III Buildout- Buildout- Buildout- Tanc t»aR per 30. 1999, T)Pc Q. 20O J)Ar. 3n, 7fT14 Tora'1 office 6,677,277 3,600,000 3,700,000 13,077,27; (gross square 6,595,406 13,895,406 feet) Government 300,000 250,000 200,000 750,000 Office (gross square feet) Retail/Service 1,050,000 400,000 500,000 1,950,000 (gross square feet) Hotel 1,500 500 1,100 3,100 (room) Residential 3,550 2,550 2,920 9,020 (dwelling units) Convention 500,000 0 0 500,000 (gross square feet) Wholesale/ 1,050,000 0 1,050,000 2,100,000 Industrial (gross square feet) Institutional 300,000 0 300,000 600,000 ( gross square feet) Attractions/ 1,600 5,000 23,10G Recreation 30,500 37,100 ( seats ) Marine 230,000 230,000 Facilities sit 'u9- '73 Pursuant to F.S. 380.06(22) (1)87 1997), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: Forthe purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original. Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (151137 1997). CADA or Consolidated Application ' for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development v? el ,973 - 2 - Authority of the City of Miami, Florida. DERM: The Metropolitan MiAmiz.Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation.. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance No 9300 11000, the Zoning Ordinance of the City of Miami., as amended. Net New Development: 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 Plmnning 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 iuLJact as Measured by peak hour vehicle trips. 3 - Parcel of Land: Any quantity of land capahle of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which -has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: 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) (1987 199V, and which shall be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities 5, 677,277 C. 595,Qfi6 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet C,500 10,00 seats 230,000 gross square.f eet 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 changed will not exceed the adverse - CJ) regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. ACTION TA EN : That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: :t°hE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSus BUILDING •PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO TEE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH TEE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 32 4. vcr 4. v 11 11 l l apo1 j cahl e prncedurpF snf the Ellortfik Gamma Bad FrPS.h Water F± h Cnmmis,jnn_ 31 The follnwi ng rnndi rites relate to rj0, kmexir'an 10..7-1 7 nes Arena- v :-onerator of the Arena (t-hP "Operator") t-n hnlsi �vpni-s S CIcan a-flrl rti m �riri c.nn ., rrS,n �� Elranrs"1 _ Hnwever. rhp Applicant . the City and the Department of Cnmmuni ry Affairs ("DC'A") rerngni 7,e that a surplus nf_ development ctesii tS for office .Ilse is currently annroveDia under this Development Order ir. suffirient nm ntit-ips to nffser the opak hr tr imparts rP1 arerd to snrh Special Daytime Rvents As i rienti fi ed in Rxhi hi t R to the Nnti re of Proposed Change dated Nnvpmher 2F. 1947, a tntal of 6. 659. R51 snuare fear of unreserved credits for nffice use now remain _ In the Rvenr ; in the future the AnnJ i.rant shall submit an additional Notice of Prnnosed Change during Tnrremen1 T (the "Future NOPC") which w jj specify the maximum authorized to be held -i - t}Ze Arena . with rnnrnmitant rpdurrions • in office 11RP ro ensure that zo _rrt_ peak hoar trip geriPra.tion shall not inrrea se _ The Anplirantthe city the DCA and thP Craerator have agreed upon the impart rrearerl by the Q?7F's'i ai Daytime Events and the relater. I,anrl rise transfers reoni red rn files the Future NOP(' the rdevp1 nnmenr order i ss»ed in ("nanerri nn therewith will restrict J-he trti l i 7atinn of path year wbtrh will i nrUlcda f i vP Snpri a l. Daytime 19,600. seat capacity), tsget-h r with five Special v nffire , ns1 attrartinns/rerreatinn Surh a transfer these PYPrtts Qrr'ur during the year The Special t -9 6 r-bPyrimp Events which uti1i7e over gn* sr ranarity a'v'PragP 1SO rertators Rad the srerial Daytime FvPTIt- whirb berWP.en 60% and BO% seat rapacity artn(71-i_onsyrprrparinn transfer shell bp baed rroDnrtionately nnon the rota]. _number of weekdays to transfer would bP 138 4-96sirruare feet Z— .Insanianction with, the tiling ref the NQPr. the City will reauire the Oppretnr tn submit- a Sppril DRvtlme Rvent Traffjp_plan jti Snecipl Daytime Planti) six (6) months crier to the _experred date for the issilance of n Cprrifirate .of OrrunRnry for the Arena_ The Suprial Daytime Plan will be, nrovided bv the nlan (which will inr1u0e the handing n all other _events that dn not imnart p m neck hnircni rauired nurSuant t-o condition 1R of thet-b jnr USP such_as possibility of higher transit ridership and a large nnmbpr nf Patrons already tn. the 'Downtown_ arPa The SoeriR1 natroas during the daytime hopr which. most likely. Twi31 nlarP the fnrthpr_siistanre from the gna1i7arinn v T v 29 - 973 7 Exhibit "A" Master Development Order' MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana Gelabert, Director, or Lourdes Slazyk, Assistant Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development iri Downtown Miami through the Year 2014, including the following land uses and increments: Land uses Office (gross square feet) - Government Office (gross square feet)- Retail/Service (gross square feet) Hotel (room) Residential (dwelling units) Convention (gross square feet) Wholesale/ Industrial (gross square feet) Institutional ( gross square feet) Attract ions/Recreation ( seats ) Marine Facilities Increment I Buildout- Dec. 30, 1099 Mav 28, 2003 3,681,890 300,000 1,050,000 4,500 10,550 500,000 1,050,000 300,000 30,500 230,000 Increment II Buildout- Dec. 30, 2005 Mav 28, 2009 3,600,000 250,000 400,000 500 2,550 0 0 0 1,600 0 Increment III Buildout- Dec, 30, 2011 Mav 28. 2018 3,700,000 200,000 500,000 1,100 2,920 0 1,050,000 300,000 5,000 0 Totals 10,981,890 75 0, 000 1,950,000 6,100 16,020 500,000 2,100,000 600,000 37,100 230,000 a/ Words and/or figures stricken through shall he deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Pagelof4 T ,r Pursuant to F.S. 380.06(22) (1987), the Project specifies Lhe total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following tei ius shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 1.3 herein. Certificate of Occupancy: A peunanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. Page 2 of 4 r r. Exhibit "An Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning, Building and Zoning Department, or the-ir successors, PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007 2014, including the following land uses and increments: Land urcc office (grass square feet) - Government Office (ass square feet) 300,000 Retail/Service (grass square feet) 1,050,000 Hotel (� ) 1,500 Residential (dwelling traits) 3,550 Convention (gross square feat) 500,000 i11esate/Irstri&.1 (gross square feat) 1,050,000 Institutional (cross sere fL) 300,000 Attractions/Recreation (seats.],., • 6,500 Marine Facilities = 230, 000 LuL I Pni1d t- D c.30, 1999 .0,010,550 6,677,277 i Inert. II pwildcut- Cac.30, 2005 Inclement III Motels 5uil.dout- ic.30► 2014 3,600,000 3,700,000 250,000 400,000 500 2,550 0 0 0 1,600 200,000 500,000 1,100 2,920 0 1,050,000 300,000 5,000 14,212,5 O 13,977,277 750,000 1,950,000 3,100 9,020 500r000 2,100,000 600,000 13,100 230,000 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as .City parks. 2 ,_1 Exhibit "B" Increment I Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007. 2014, including the following land uses and increments: Land uses Increment 'Increment IIlncrement IIITotals Office (gross square feet)'6,019,550 6,677,277 Government office (gross square feet) 300,000 Retail/Service (gross square feet)1,050,000 Hotel (rooms) 1,500 Residential (dwelling units) 3,550 Convention (gross square feet) 500,000 Wholesale/Industrial (gross square feet)1,050,000 Institutional (gross square feet) 300,000 Attractions/Recreation 6,500 Marine Facilities 230,000 Buildout- Buildout- Buildout- Dec.30, 1999 Dec.30, 2005 Dec.30, 2014 3,600,000 3,700,000 14,219,JJ 13,977,27 250,000 200,000 750,00( 400,000 500,000 1,950,00i 500 1,100 3,10f 2,550 2,920 • 9,02r 0 0 500,00 0 1,050,000 2,100,00 0 300,000 600,00, 1,600 5,000 13,10 230,00 Pursuant to P.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject .to local land development regulations. The Project Area includes all property within the boundaries of the Downtown development Authority, with the exception of that area between NEfNW 5th Street and 1-395 know as "Paris West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 18 acres currently zoned and developed as City parks. 2 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Sea Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application. for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Bulding Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. ODA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant- to Qrdinance.9500, the Zoning Ordinance of the City of Miami, as amended. 3 Net New Development: 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and wrhich.is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. - 4 Total Allowable Development: 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) (1987), and which shall be measured by the following land uses: Office-6,910,550 6,677,277 gross square feet Government Office 300,000 gross square feet Retail/Service 1,050,000 gross square feet Hotel 1,500 rooms Residential 3,550 dwelling units Convention 500,000 gross square feet Wholesale/Industriall,050,000 gross square feet Institutional 300,000 gross square feet Attractions/Recreation6,500 seats Marine Facilities 230,000 gross square feet 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 changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle, trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: — 5 — aa.1U 9J9_ 97L. A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. 8. The real property which is the subject of this Development Order is legally described in Exhibit 2. -C. The DOA filed the ADA with the City, the Council, and the: Florida Department of Community Affairs. D. The CADA has been filed by the DDA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be actamtmp-fished over an extended period of time by a -Variety of developers, which may include the City. These developers may respond to market 8 9— ,cifi 7 3 demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to More nearly serve as a living guide recognizing the evolution of market demand and technologies. -G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to P.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled '°Development of Regional Impact Assessment for Downtown Miami - Increment 1,4 dated October 5, 1987. The South Florida Regional Planning Council recommends approval of Increment 1 of the Project, and all conditions to which such approval is subject are reflected herein. - 3 K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment I of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. Increment I of the Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. PO. Increment I of the Project will efficiently use public transportation facilities. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. fQ, Increment I of the Project will efficiently use necessary public facilities. SR. Increment I of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. S. Increment I of the Project will not adversely affect living conditions in the City.' IIT. Increment I of the Project will not adversely affect public safety. YU. There is a public need for Increment 1 of the Project. CONCLUSIONS OF LAW: 8 oio That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The RDA constitutes a "downtown development authority" as defined in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. B. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. Increment I of the Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject,to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: r:. 0 1. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development reglations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November l5th through March 15th, for each sub -area. - c. The monitoring for each sub -area shall be completed prior to the issuance of any certificate of occupancy within that sub -area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments -of Regional Impact pursuant to Rule 27F, F.A..C., within that sub -area; or prior to March 15, 1904 1997, whichever comes first. d. The monitor will be located at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Resources Management (DERV), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. t:. - 10 e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERM and subrnit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 2a. below. The air quality modeling shall follow FDER guidelines and shall: a. Be limited to no more than ten (10) intersections to be selected from among the intersections projected in the DADA to operate at level of service E or F. The intersections shall be selected jointly by FDER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review► and approval. c. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for 'implementation, must be approved by the Council staff and — 11 — eu 273 the City subsequent to review and comment by FDER and DERM. The program may include, but is not limited to, the following techniques: a Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). c. The continuance of monitoring for specified sub -areas. 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Net New Development. Such documentation may include a modeling studey which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. b. Withhold the issuance of any building permits for Net New Development within the sub -area that shows CO exceedences. 6. Based upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to pay $7,543,419 (fair — 12 — share in 1987 dollars), to be expended on any or all of the following t, Wr j ortation improvements: a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches, b. intersection improvements to the entrance and exit ramps .to 1-395 at NE 1st Avenue and NE 2nd Avenue, c, other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a. e-glut ten years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b. specified above. 13 ( e _ (' i .- d 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applicable governmental agencies to ensure that the Metromover Stage II herein be completed as identified in the current Metropolitan Planning Organization's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 1992, the Metromover Stage II improvements are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h), (1986). Such additional Development of Regional Impact review, if required shall be initiated by March 31, 1993. Net New Developments which have obtained building permits prior to December 31, 1992 shall not be affected by any subsequent review. 9. Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and — 14 c. encourage mass transit use by the provision of bus shelters, bus turnout lanes, c- other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list ,entitled "Table 4.9 a Potential Transportation Control Measures (TCM ` s) for Downtown Miami" on page 4-22(R) of the CAA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 10. In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Ap0-raaa1,' and -this Development Order, as well at"' -the future costs of - 15 - 0 ''' n 0,0— ode) reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12. Establish Dcccnbcr 30, 1997 December 30, 1999 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown !Miami Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based an substantially inaccurate information provided by the Applicant, or that the change is clearly essential to the public health, safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or cofnci-dent with..approval of a building permitr Major Use Special 16 — e _ (Y O Permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure r^7str„:tion progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary 1'.o begin construction. 14. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occuupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit tow copies of the CADA to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared. subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) - Date' notation, with --Page Number" being the number of the original page, "(R)" — 17 — e; e1 973 indicating that the page was revised, and "Date" stating the date • of tiles FEiiSivri. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically enumerated herein. 18. The City shall prepare an annual erport and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. The annual report for Downtown Miami - Increment I must also be incorporated into the annual report required in the Downtown Miami Master Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 3. 18 - � f� c '°; 3 b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. c. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. 9• A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18)(1987). h. A copy of any recorded notice of the adoption of this Development :-,-:.Order o-r : any 'subsequent modification that was recorded by the Applicant pursuant to F.S. 380.O6(15)(1987-). 19 146 d- i. Any other information required by the Department of Comunity `•r?'•~- (OCA) in accordance with F.S. 380.06(18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be. Dccere' 30, 1997 December 30, 1999, provided that the Applicant, orits successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 38O.O6(19)(c)(1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)(1987). 22. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter i'violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative 20 I E.� c� 7 3 activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will ,be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public hearing and this Development Order will remain in full farce and effect unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is eared. The terms of this paragraph may be modified from time to time by written agreement by the DOA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of. tl is Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same area not - 21 - _ 2e- 9 7 3. inconsistent with the terms hereof or of F.S. 380 (1987), or duly Y, „„5 lyeLed and adopted rules thereunder. Appeals to decisions of t3-- Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987, is incorporated herein by reference. 25. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15)(1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 26. The existence of this Development Order shall not act to limit or - proscribe the rights of any person under F.S. 380(1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be tcAerrVistent with -the objectives and conditions 'bf this Development Order. 22 0 tZ c. (C. p1 rF Jcj' Aim 27. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 28. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 29. In the event that a substantial deviation is determined under the terms of this Development Order or F.S. 380(1987), the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 30. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Occu rrant.yuntil such time as a final resolution' of the litigation `occurs. .. 23 — -Q-�- 0 vj 31 In the event that the City enters into an interlocal agreement with Dade County to develop Bicentennial Park and the F.E.C. Tract as a marine Facilit the Cit will re uire that in the event marine Faciity operation changes from the schedule identified in Attachment p of the Notification of a Proposed Change (dated September 7, 1994) and increased impacts to weekday p.m. peak hour traffic are projected to occur, the City will simultaneously increase Marine Facility_ use and decrease other approved use(s) so that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. The Florida Department of Community Affairs will review and approve such changes to Marine Facilities. J-94--857 10/13/94 � RESOLUTION NO. 94849 A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 .AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NO. 91-698 ADOPTED SEPTEMBER 26, 1991), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DEPICTED AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA THEREBY AMENDING THE MASTER DEVELOPMENT ORDER TO CORRECT THE NAME OF THE DEPARTMENT; EXTENDING THE MASTER DEVELOPMENT ORDER AND INCREMENT III BUILDOUT/TERMINATION DATES FROM DECEMBER 31, 2007 TO DECEMBER 30, 2014; AMENDING THE INCREMENT I DEVELOPMENT ORDER TO EXTEND THE BUILD-OUT/TERMINATION DATE OF INCREMENT I FROM DECEMBER 30, 1997 TO DECEMBER 30, 1999, SIMILARLY EXTENDING THE DATE FOR PROTECTION AGAINST DOWN70NING, EXTENDING THE DATE FOR COMPLETING AIR QUALITY MONITORING FROM MARCH 15, 1994 TO MARCH 15, 1997, AND EXTENDING THE TIME TO CONTRACT FOR CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS FROM EIGHT YEARS TO TEN YEARS FROM THE EFFECTIVE DATE OF THE DEVELOPMENT ORDER; AND AMENDING THE INCREMENT II BUILDOUT DATE FROM DECEMBER 31, 1998 TO DECEMBER 30, 2005; FINDING THAT THE AFORESAID CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1993), AND ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. 1 WHEREAS, ,on December 10, 1987, the City Commission adopted Resolution Bo. 87-1148 approving a Master Development Order for the Downtown Miami Development of Regional Impact, and Resolution A tl 6 a-, C &b nog5 T (51 C O_ T A gU s 4 i"i5. . � f 9 qi' ej 5 CITY CO VZ!SIO.M 'MEETING OF NOV 1 7 1°94 ale ZtltlCYi Nch � a1 No. 87-1149 approving the Increment 1 Development Order for the Downtown Miami Development of Regional Impact; and WHEREAS, development in the downtown area has progressed at a slower rate than anticipated in the Increment I development order and the amendments thereto, thereby necessitating an extension of the project build-out/termination date and several related deadlines within the development orders; and WHEREAS, the proposed changes in the buildout/termination dates do not conflict with the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting of September 21, 1994, following an advertised public hearing, adopted Resolution No. PAS 49-94 by a vote of eight to zero (8-0) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (1993),.an September 9, 1994, the Downtown Development Authority submitted a ^ otification of a Proposed Change to a Previously Approved DRI," to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs; and WHEREAS, on October 27, 1994, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increscent I Development Orders for the Downtown Miami Development - of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that al r; requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact; and WHEREAS, the City Commission deems it advisable anda.in the best public interest of the general welfare of the City of Miami to amend the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendments to the Master Development Order for the Downtown Miami Development of Regional Impact!'! (Resolution No. 87-1148, as amended by Resolution No. 91-698), which are attached hereto as Exhibit "A" and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development of regional impact The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as 'Park West' (a/k/a "Overtown Park West"), as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and deve.lpped as City parks. ., 3 9 � ,„ review pursuant to Subsection 380.06(19), Florida Statutes', (1993). Section 3. Said amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 4. The attached amendments to the Master Development Order for the Downtown Miami Development of Riigional Impact (Exhibit "A") are hereby approved. Section 5. The proposed amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Resolution, No. 87-1149), which are attached hereto as Exhibit "B" and made a part hereof, do not constitute a substantial deviation and therefore, do not require further development of regional Impact review pursuant to Subsection 380.06(19), Florida Statutes (1993). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 19 89- 2000. Section 6. The attached amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Exhibit 7B") are hereby approved. Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 17tb day of November r 1994. STEP N P. CLA 1 , "MAYOR ATTEST: PREPARED AND APPROVED BY: z2.-e E. MAXWELL TY CITY ATT PROVED AS TO FORM AND CORRECTNESS: Cs� /�) A. WIN3 YES, III CITY A EY 34i4659/J M/mis oKT'ET 000'5 009'T 005°9 (cases) 000' 009 000' 00£ 0 000' 0OC (gas; ersn6 ) TeucT=T4suI 0o0'ooT6Z 000'050'T 0 000'050°T (lea; azsnbs ss0z6) TET,=snPuI/aTesaTa4M 000'005 0 0 000'005 (Ise; wanbs sue) uor4u,Lico 0E0'6 OZ6'Z oGS'Z OSS'E (a T n BurIT=P) relluePTsag 0Ot'£ C!0'L'T 005 00S'T (s mr„ r) TaIcil 000'056'T 000'005 000'00 000'050'T ( ; ads ss0=5) . e0T /TTe4ad 00o'05L 0o0'o0E oo0'05Z 000`00E (lea; azsnbs ssc:z5) �+ } �y p �{ y� y� j e rr; o no0 057'6TZ'�T 000'OOL'£ 000'009'E 055'6T6'9 ("1 ; arrt1Bs ss 5) aTQ TOZ 10E'aiu SOOZ OE' 666T '0E'oe[I -1 T i.ch -4nolumng -41101PL. tat sTAL .III 1ar,m-r-r= I II Itmalaizzil I err - -tg snT seliguicitiT pus sasn pusT Tic; eqz bu zpn-a:rr x &. t{5nazt{z Tms,74 u ^.cr3.0 UT Z.1= 'rir 1ai p 30 szsTsuc0 =sPczd act :MOLT �"". Q td .s2ossa=cns aigq4 .aa 'quamagaaa buTuoz Pug bu?pT-rrg T5uTuusTa TmsTR ;0 VJ 'tea izEn5T.zpaa oTExas pue 24Tzoqzh qua' ' A Q L[ 'r Q s&Pn=aza ' SIPS a11330M62a alp arEAE CIIZarEWN TalsTK ;a 1.4-70 aq4 ;0 ATza.prrf Ta • 4inadorlata ao TMVIR uc"00111A0a tamwamarisa 3U ERVM IrrvamaAsQ ESIWK xFpm3 t r�;rir� ANT `eu Iqr Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authoriti, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park Nest", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. ";' INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority -of the City of Miami . AUTHORIZED AGENT OF DEVELOPER: Matthew Schwartz, Executive Director,4Downtown 4 Development Authority and Sergio Rodriguez, Director, City of Miami Planning Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year � 2014, including the following land uses and increments: Land uses Increment I Increment II Increment III Totals Buildout- Buildout- Buildout- Dec.30, 1999 Dec.30, 2005 Dec.30, 2014 Office (gross square feet) 6,919,550 3,600,000 3,700,000 14,219,550 Government Office (gross square feet) 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (rooms) 1,500 500 1,100 3,100 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,000 600,000 Attractions/Recreation (seats) 6,500 1,600 5,000 13,100 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within .=the' -boundaries Of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 know as: "Park West as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For -the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DOA on November /5, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Bulding Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Depa .t of Environmental Regulation.. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Development: Any construction or reconstruction which will result in a net increase, within any "Parcel of Land", of residential dwelling units, hotel rotes, 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 increaser 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 10,00O square feet in floor area, if he finds that such development would have no regional impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit, • Project: That Project described in the 'PROJECT DESCRIPTION' on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. 4 Total Allowable Development: The quantity of Net New Development for which' Certificates of Occupancy may be issued under the terms a Development Order, together with the applicable Master may be modified pursuant to F.S. 380.06(19) (1987), measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation 6,919,550 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 rooms 3,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 6,500 seats nd conditions of this Development Order, as and which shall be 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 changed will not exceed the adverse regional impacts of the land uses in Increment 1 of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. The findings and determinations of fact set forth in the recitals of the res9Jum,tion to this•Development Order are hereby cpnfirmed. 5 eu a B. The real property which is the subject of this Development Order is legally described in Exhibit 2. C. The DDA filed the ADA with the City, the Council, and the Florida • Department of Community Affairs. D. The CADA has been filed by the DOA pursuant to F.S. 380.06(22) (1987) authorizing d downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required tote identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to .obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources .and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible guide to planned development of 6 the Project Area rather than a precise blueprint for its development.- Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applbications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City. departments, as reflected in the CADA, and the South Florida Regional Planning Council staff J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled °Development of Regional Iiopact Assessment for Downtown Miami e Increment I , " dated October 5, 1987. The South Florida Regional Planning Council recommends approval of lncicent I of the Projects and all conditions to which such approval is subject are reflected herein. K. Increment I of the Project is consistent with the applicable portion 6f. the State land development plan and the Regional Plan for South Florida. L. Increment 1 of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. M. Increment 1 of the Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. PO. Increment I of the Project will efficiently use public transportation facilities. QP. Increment I of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. FT. Increment I of the Project will efficiently use necessary public facilities. 5R. Increment I of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T5. Increment 1 of the Project will not adversely affect living conditions in the City. 14I. Increment 1 of the Project will not adversely affect public safety. Vti. There is a public need for Increment I of the Project. CONCLUSIONS OF LAW: 0 That, having made the findings of fact contained above, the City` Commission hereby concludes as a matter of law, the following: A. The DDA constitutes a "do town development authority" as defined in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. cl B. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. Increment I of the Project does not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. D. Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). ACTION TAKEN: That, having oade the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR: SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 9 1. Require all development pursuant to this Development Order to be in" accordance with applicable building codes, land development reglations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (3) sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through March 15th, for each sub -area. c. The monitoring for each sub -area shall be completed prior to the issuance of any certificate of occupancy within that sub -area for the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that sub -area; or prior to March 15, 1997, whichever comes first. d. The monitor will be located at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will .be selected jointly by the City, Florida Department of Environmental Resources Management (DERM), , and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. — 10 — e. Perform the monitoring required by 2a. and 2b. above of prescribed by the policies an regulations governing DERM and submit final air quality monitoring reports to FDER, DERM, and the Council staff within 60 days of the coletion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue Monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 2a. below. The air quality modeling shall follow FDER guidelines and shall: a. Be limited to no more than ten (10) intersections to be selected from among the intersections projected in the DADA to operate at level of service E or F. The intersections shall be selected jointly by FDER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and DERM for comment and review, and to the Council staff and the City for review and approval. c. Include proposed changes to air quality monitoring as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less.than 300 percent'of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a tTme-frame for implementation, must be approved by'the•Council staff and the City subsequent to review and comment by FDER and DERM. The program - may includes -but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking . area locations, addition.of turn lanes, etc.). c. The continuance of monitoring for specified sub -areas. i 5. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Net New Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits for the particular Ket' New Development. Such documentation may include a modeling studey which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER 'and DERV. b. Withhold the issuance of any building pewits for diet New Development within the sub -area that shows CO exceedences. 6. Based upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to. pay $7,543,419 (fair 12 share in 1987 dollars) , to be expended on any or all of the fol 1 owi ng ; transportation improvements: a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches, b. intersection improvements to the entrance and exit ramps to 1-395 at HE 1st Avenue and NE 2nd Avenue, c. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below a. e-illve ten years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of $7,543,419 . (fair share in 1987 dollars) within 90 days of the earlier date of either a. or b. specified above. — 13 — 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. 8. Make efforts to work closely with applicable governmental agencies to ensure that the Metromover Stage I1 herein be completed as identified in the current Metropolitan Planning Organisation's Transportation Improvement Program (TIP) published in June, 1987. In the event that by December 31, 1992, the Metromover Stage i1 improvements are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) 'and (h), (1986). Such additional Development of Regional Impact review, if required shall be initiated by March 31, 1993. Net New Developments which have obtained building pewits prior to December 31, 1992 shall not be affected by any subsequent review-. 9. Within 6 months of the effective date of this Development Order, prepare and recond to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Het Hew Development to do the following: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide pass transit route and schedule information in convenient locations throughout the individual development, and — 14 .. kJ g - c. encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list. entitled "Table 4.9 - Potential Transportation Control d Measures (TCM's) for Downtown Miami" on page 4-22(R) of the CADA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 10. In the event that a Transportation Control Measures (TCM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City Commission within 18 months of the effective date of this Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development AWrival; and- this Development Order, as well 6-the—future costs of to e 15 reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Orde or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development. 12. Establish D ccmbc- 30, 10O7 December 30, 1999 as the date until which the City agrees, that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami Increment I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit or Major Use Special Pewit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the 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. MONITORING, REPQRTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development Credits necessary for Net New - Development at a time, to be determined by the City, prior to or caia cadent with approval of a building permit, or Major Use Special 16 -. 721---*ta C's` o- rYc - a, e Permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed d. Het New Development in relationship to the time necessary to begin construction. 14. Upon the issuance of a Certificate of Occupancy for any Net Nev Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of 0ccuupancy shall be issued for Het New Development Mich would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit tow copies of the CAD to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty -(30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement•of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number (R) ® Date' notation, with - "Page Kumber" being the number of the original page, '(R)' m 17 ® v 341 indicating that the page was revised, and "Date" stating the date of the revision. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging .their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The tens of this Development Order shall control and any requirements of the City are specifically enumerated herein 18. The City shall prepare an annual export and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on or before each anniversary date of this Development Order. The annual report for Downtown Miami - Increment 1 must also be incorporated into the annual report required in the Downtown Miami Master Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a mini: a. A complete response to each question in Exhibit 3. .. 18 - b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing for the reporting year and for the next year. c. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06(18)(1987). h. A copy of any recorded notice of the adoption of this Development ." -larder or..any subsequent modification that'' teas .recorded by the Applicant pursuant to F.S. 380.06(15)(1987). i. Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06(18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be Deoe cr 20, 1007 December 30, 1999, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c)(1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2)(1987). 22, The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by' this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter °'violatorp) the provisions of this Development Order, the City shall stay the effectiveness of this Development 'Order as to the Parcel of Land in which the violative 20 — activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. . The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation withinthat period will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within.a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further pewits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The tens of this paragraph ray be modified fro time to time by written agreement by the DDA, the City, and Council staff, to enable the City to enforce the.terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not m 21 — 9 inconsistent with the terms hereof or of F.S. 380 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 6 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment reference. dated October 5, 1987, is incorporated herein by 25. Within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to F.S. 380.06(15)(1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 26. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380(1987) to file an Application for Development Approval and obtain an individual development order for property covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be- o sistent kith'the objectives and conditions of this Development Order. — 22 27. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any urrently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development order). 28. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments maybe authorized by law. 29. In the event that a substantial deviation is determined under the terms of this Development Order or F.S. 380(1987), the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 30. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the pours granted it by state law, be permitted to continue to issue building permits, major Use Special Permits and Certificates of Otc'upancy until such time as a final resolution of the litigation occurs. 23 Oft iIi 11•11.1. DOWN-7-6CVN.v&A ..) • 177: : ...it " 777 DR1 BOUNDARY AP :ef=et73---Ei tJt J I.) 7 3 • EX1113IT Z LEzti. OE:a IPTi6N CP SUBJECT PROPERTY: Begin ar the intersection of the Centerlines of U.W. Sttt Street and N.v. 3rd Avonua (east side of R-S Ezpressbay (1-45)#, said point of tegifintg Ilse i32i1tg tp. H.V. COenor of tfla district; thence run 340.100 y along one center line of 3►0 Avenue and tilt easterly side ?�g.5 Ezpr-esssaY to the centerline of (lase Plagler Street.; thence Si nQstarlj 9 el"g '4P11na of said Eles$ Plaglor Street to tie centerote of the nia2i Rive?; the= meandering t east riy along the toteriw of said Waal River to a point 0 itusstttion vitA tga easto rigs'-ai'iy (Ri149 liA3 €ri gzgrg(tepid Transit R/'d (formerly riario East Ca4ss (t) L'ailreeg Itflil sgid Rlli 11112 bolas sn fit eas rlp of assd parrsllal cri1 cesr rli ;r of szli4 M €tepid Transit alu: run southerly and smithmaterly along said easterly R/ 11is of lam Rapid Transit to the intersuctioff bith the eaa arl1ga of £ ti. ISts grid; then:= southeasterly along tits centerline of 15i') Lead tm a „In of intersection with ties soo&herly prml engati on of tha vesterly 19r:3 of CUM EZZLJ EMOS4ENT SUODIYISIO:1 (19744); thee= mrwastarly. tier :surly and westerly alms said ves€erly 19r~i of gRTiA BELLA to the ictemectien uith the southerly right -of -my lima Qf $. lath Lira; thence WIltrilally. E nkCaStOrl pr r C't4arly; ahl nerumesterly along said surly and tc=erly sigfi8,,af tie aP S.E. I4idr Lrim anlSo(yo 14i Tema) to the imteraectitn s ii33 tip mort=mturlY err 11ss gf Lot a Dloo 2 of ALV:^d Plat of PIRET VIED as r co ir7 Plat Gemt 2 at Pap 93 of the Public Rom of got) CmaJny, Florida; €drat = estorly alone the gorthmesterly 14E3 of saidLat33to tq2 Silt) agtanaistiiv tea f allay in 111 2 of szi $ 11I :i; bunion swItMastnply tta agetWastmqy sid of said can f.ott allq to is irr'trra3si;iO sai tJ preftanY 19 ? tni a La= 4 a_ Ei of said lily 2 al PODli161; Vituaga itgkAr0Fly alb said lihz of Lolu 4 Ac as: 11Q. proleeantim i sm to is casbts'lisl of S.E. 14M Six o ac4Q staz=astaPly alb 4d matarlicl cf S.g. f S tO a poises ag iPtarsectitat s i i0 =z. ouistia tasbzad aci C4L'AIEZ Gf gist b ttazQ t✓ t; nertgdPly a l srsg t az1 r;t1 tg E 111 Ei sliemlim of Biscaim Da7 to a p'iat of int€rrs€ciiits crime the mitgarly houndary uf ClatwspL Ej 3ridgv; ;Hance edstorly along =IQ said southerly RAI lire of Claugrston Island Bridge to the intersection with the easterly bulkhead lire of Claugh:on Island, said Winced lino being part of the Metropolitan Race C un>;y Bulkhead Line as recorded in Plat Bari 13 at Page IS of the Public Atcordz; thence southerly, easterly, northerly and westerly, follcsiing said existins ,alit ad and its westerly prolongation thereof around the island to trva intersection vibe the ezinland on he easterly shorel i rsa of f t scaynl Bay; thence teeanderir4 e, na,tivresterly.arA westerly direction along the shoreline of Bisonyre Bay ar4 to Mani River to the intersection with the easterly BA lire of Br -Edell Anomie Bridge CS.E. 2roi Avenge); then= north along said bridge to the existing bulkhead on the northerly sflgr-el i ne 04 tin Mimi Moor; said bulk l i ne also being the soberly boundary of Plaza Carter er4 €rinai Canter Joint Venttar 3 progeny; thence ezrtheas€erly altar the southerly borax ary of noon Plaza Conn* nPA plant Carr Joint Venture ortovty to a point of intersection trite tt easterly prooerior 19r r €' Chopin Assoziates and ;Had Cantcar Li€dted Par ne rip; said pry It !Wing along the stumsline of Biwa Bay; 00fig2 r rt erly ales said easterly popasI' lies of f;i:sirr Assoziatez a4 glad Cram LY iC J Partnership proper ' ale •i3tsr yr Bay to the =Alof ' Pr - limos of z.„ it A w ; t13o conti r l oo norcherlyo ra--easf.,arly northwesterly along 'the bulkhead line of €bran Pr:su art r 1ayfl P ark Ili marl ri; tier ,g coati r; i ig tarthJely along 'Ma t r11;E a� l4 Biscriyr.3 Bray to tl Doing of intmootica with tP4 Centerlis2 of [logo 39tO Suet eztonded easterly; td3ero tostoply tloo tvateplise of E.E. 17th Straot ang i t8 oz€flr ai on theme to tagstflly Rid >1 i r of to Railroad; Zaa= ly along » easterly URI lire of t FX Railroad to tin19 t I radz= ri ptfl s4 %$9 3; teuthotstoplyr and 7112110Fily ale moons richt..o'keay I-39ar to > gCEUVali,Z1 Gf 134s> 1 flazlavaFto ice= ,c r` i ! alb tne ca s'ta► lgal Disoagaz OctOovar to tho commelirn of B Eb Strft, thonzo teoterly along tho costorl I ate &E. act globe ENO Suit to th poi= of bogica3s;a TiN4 ab "v-e en.serld avoo conMages approol ly amr J-94-858 11/17/94 RESOLUTION NO. 9 4- 8 5 0 A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS, (RESOLUTIONS 87-1148 AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED. BY RESOLUTION. 91-698 ADOPTED SEPTEMBER 26, 1991), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DEPICTED AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARR WEST REDEVELOPMENT AREA, THEREBY AMENDING THE MASTER DEVELOPMENT ORDER BY CHANGING THE INCREMENT I PROJECT DESCRIPTION, SIMULTANEOUSLY ADDING A NEW LAND USE CATEGORY AND INCREASING AND DECREASING THE QUANTITIES OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN' INCREMENT I; FINDING. THAT THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER 380, FLORIDA STATUTES (1993) , AND ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master development order for the Downtown Miami Development of Regional Impact, and Resolution No. 87-1149 approving the Increment I Development Order for the Downtown Miami Development .of Regional Impact; and WHEREAS, a new land use category for Marine Facilities needs to be created to accommodate proposed new development in accordance with the City of Miami ` s Downtown Waterfront Masterplan, while there is a surplus of unused development in the office land use category; and arr cab,IsSIO IN/METING OF NOv j 7 ..,1! Resolution No. WHEREAS, any new development which will be proposed under the aforementioned new land use category shall be limited to the Downtown Waterfront Masterplan area as depicted in "Exhibit C", attached hereto and made a part thereof; WHEREAS, the creation of the aforementioned new land use category is compatible with the uses designated for the downtown area and does not conflict with the land use designations for the area as designated in the Miami Comprehensive Neighborhood Plan 1989-2000 Future Land Use Plan Map; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 12, 1994, following an advertised public hearing, adopted Resolution No. PAA 54 94 by a vote of six to one (6-1) RECOMMENDING APPROVAL of the proposed amendments to the Faster and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (1993), on September 9, 1994, the Downtown Development Authority submitted a ,"Notification of a Proposed Change to a Previously Approved DR1," to the City of Miami, the South -Florida Regional Planning Council, and the Florida Department of Community Affairs; and WHEREAS, on October 27, 1994, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I Development Orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been 2 �9 7 3 complied with for an amendment to the .Master and Increment Development Orders for the Downtown Miami Deveiopmblit of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest of the general welfare of the City of .Miami 'to amend the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if Bally set forth in this Section. Section 2. The proposed amendments to the Master Development Order for the Downtown Miami Development of Regional Impact'/ (Resolution 87=1148, as amended by Resolution 91=898), which are attached hereto as Exhibit "An and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1993). 1/ The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West" (a/k/a "Downtown/Park West"), as illustrated on the map in Exhibit Land described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of .land, including approximately 78 acre.currently zoned and -developed 'as City parks. 3 Section 3. It is hereby found that the herein amendments are in conformity with the .Miami Comprehensive Neighborhood Plan 19 89.2000 . Section 4. The attached amendments to the Master Development Order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 5. It is hereby found that the proposed amendments to the Increment I Development Order for the Downtown Miami Development of .Regional Impact (Resolution No. 87-1149), which are attached hereto as Exhibit "B" and made a part hereof, do not constitute a substantial deviation and therefore, do not retire further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (1993). It is further determined that these amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-200Q. Section 6. The attached amendments to the Increment I Development Order for the Downtown Miami Development of Regional Impact (Exhibit "B") are hereby approved. Section 7. This Resolution shall become effective lmmediate.ly upon its adoption. PASSED AND ADOPTED this 17th day of November , 1994 STEPHE ATTEST: a MATTY.HIRA�.r.: -ITY CLERJ- . CLARK, MA `r ?R SAG'. j"1 PREPARED AND APPROVED BY: L E. MAXWEL PUTY CITY AT ORNEY APPROVED AS TO FORM AND CORRECTNESS: txhibit 0' Increment 1 Development Order INCREMENT 1 DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami Matthew Schwartz AUTHORIZED AGENT OF DEVELOPER: I?cy F. I:znz ic, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increment I increment II increment III Totals Office 6,919.550 14,219,550 (gross square feet) 7,1i,,,,OJO 3,600,000 3,700,00047'00,000 Government Office (gross square feet) 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel I,500 3,100 (rooms) 1,000 500 1,100 2,600 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 wholesale/Industrial (gross. square feet) 1,050,000 0 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,000 600,000 Attractions/Recreation 6500 1.3�100 (seats) 3,400 1,600 5,000 4 0,009 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to *local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park west", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including'approximately 78 acres currently zoned and developed as pity parks. 1 Lsnnost n_ Increment 1 Development Order LEGAL, DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DOA on November 25, 1985, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph I6 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DOA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. - DRE: Development of Regional impact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City 'Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net-New-velopment: Any' construction or reconstruction which wjdl result in a net increase, within any "Parcel of Land", of residential dwelling units, ILY tl 1 . r, C d ExhibIE Increment 1 Development Order 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCR1PTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: 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) (1987), and which shall be measured by the following land uses: Office Government Office Retarl/se.p9ice Hotel 6,919,550 47400 0G8 gross square feet 300,000 gross square feet 1,050,000 gross square feet 1,500 4709.9 rooms 9 3 ExhtbiC 8 Increment 1 Development Order Residential 3,550 dwelling units Convention 500,000 gross square feet wholesale/Industrial 1,050,000 grass square feet Institutional 300,000 gross square feet 6 500 Attractions/Recreation 3,408 seats 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 changed will not exceed the adverse regional impacts of the land uses in Increment 1 of the Project as originally approved, as measured by total peak hour vehicle trips. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit 2. C. The DDA filed the ADA with the City, the Council, and the Florida Department of Community Affairs. 0. The CADA has been filed by the DOA pursuant to F.S. 380.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within th area will, have on land, water, transportation, enrr'onmental, community services, energy and other resources and systems of regional 4 Exhibit B Increment I Development Order significance. The CADA seeks a single DPI review process for overall phased development of the do.+1ILuKn area ra_,,e than requiring each individual DPI scale development .within the downtown area tc fete for separate DPI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA is intended to serve as a flexible -guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to. more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Net New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable impacts that will be generated by Increment I of the Project has been conducted by various City departments, as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987. The South Florida Regional Planning Council recommends approval of Increment I of the Project, and all conditions to which such -approval is subject are reflected herein. 5 Exhibit 8 Increment I Development Order K. Increment I of the Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. Increment 1'of the Project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. H. Increment I of the Project is in accord with the district zoning classifications,of Zoning Ordinance 9500, as amended. N. Increment I of the Project will have a favorable impact on the economy of the City. P. Increment I of the Project will efficiently use public transportation facilities. Q. Increment 1 of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their -laces of employment. R. Increment I of the Project will efficiently use necessary public facilities. S. increment 1 of the Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T. Increment 1 of the Project will not adversely affect living conditions in the City. U. Increment I of the Project will not adversely affect public safety. v. There is a public need for Increment I of the Project. CONCLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: The DOA constitutes a "downtown development authority" as defined in F.S. 380 (1987), and is authorized by F.S. 380 (1987) to make application for development approval and receive a development order. 6. Increment I of the Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Hiami, and complies with local land development regulations. vI k_f 6 era • C. Exhibit B Increment I Development Order Increment I. of the Project 'does -not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable to the City of Miami and the Regional Plan for South Florida. O. Increment I of the Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1487). E. Changes in Increment I of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parks, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment 1 of the Project is hereby approved, subject to the following. conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: i. Require all development pursuant to this Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other laws. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO monitoring data shall be provided for each of the three (31 sub -areas as described in the CADA: Brickell, the Central Business District and Omni. b. The monitoring shall consist of four (4) weeks of data collection during the winter months, November 15th through Marcfi-15th,• for each sub -area. 7 Ezhia Increment I ➢evelopment Order c. The monitoring for each sub -area shall be Comp!eteu prior [c issuance of any certificate of occupancy within that sub -,area rot - the first development under this Development Order which meets 100 percent of the presumptive threshold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that sub -area; or prior to March 15, :221 1994, whichever comes first. d. The monitor will be located- at the presumed worst case intersection for the Brickell and Omni sub -areas. The location will be selected jointly by the City, Florida Department of Environmental Regulation (FDER), Dade County Environmental Resources Management (DERV), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable for that sub -area. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERI4 and submit final air quality monitoring reports to FDER, ➢ERFI, and the Council staff within 60 days of the completion of the monitoring. 3. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring, The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected pursuant to 3a. below, The air quality modeling shall follow FDER guidelines and shall: a. Be limited to no more than ten (10) intersections to be selected from among the intersections projected in the CADA to operate at level of service E or F. The intersections shall be selected jointly by FDER, DERM, the Council staff, and the City. b. Be submitted in a detailed and comprehensive air quality analysis to FDER and'DERH for comment and review, and to thg Council staff and the City for review and approval. B 0 a _ C1! v: ei zi S ET'" n Increment 1 Development Order c include proposed changes t,: air quality moll,„,:; as justified by the air quality modeling analysis. 4. If the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b above. The monitoring and abatement program, including a time frame for implementation, must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. The program may include, but is not limited to, the following techniques: a. Transportation Control Measures (TCM). b. Physical planning measures (e.g. signalization, parking area locations, addition of turn lanes, etc.). c. The continuance of monitoring for specified sub -areas. S. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards for CO concentrations, do one of the following: a. Provide acceptable documentation which clearly indicates that CO exceedences will not occur, or that the Het Hew Development seeking approval will not contribute to the predicted CO violation, or that any potential CO additions for each Net Hew Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DERM) prior to issuance of building permits far the particular Het New Development. Such documentation may include a modeling study which incorporates measures such as those contained •in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and the City subsequent to review and comment by FDER and DERM. 9 — vl s3 Increment 1 Development Order b. Nithbold the issuance of' any building permits for Het New Development within the sub -area that Shows CO exceedences. 6. Based upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to pay $7,543,419 (fair share in 1987 dollars), to be expended on any or all of the following transportation improvements: a. SW 2nd Avenue bridge and approaches or the Brickell Avenue bridge and approaches, b. intersection improvements to the entrance and exit ramps to I-395 at NE 1st Avenue and HE 2nd Avenue, c. other transportation improvements if mutually agreed upon by the City and Council staff, subsequent to review and comment by Dade County and the Florida Department of Transportation, The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the 'fair share, such contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a. -fevr eioht years after the effective date of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development, then Council staff, the City, Dade County, and the Florida Department of Transporiation (FOOT) will jointly decide the reallocation of $7,543,419 (fair share in 1987 dollars) within 90 days of the earlier date of either a, or b. specified above. 7. Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6 above. _'. 1Ae •efforts to work closely with applicable governmental.agencies to ensure that the Metromover Stage II herein be completed as identified i, 10 C.c I U3L'n Increment I Development Order the current Metropolitan Planning Organization's Transportation Improvement Program (T.IP) published in June, 1987. In the event that by December 31, 1992, the Metromover Stage I1 improvements :are not substantially under construction, as determined by Council staff, then this situation will be considered a substantial deviation from the mitigative .efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transportation impacts pursuant to F.S. 380.06(19)(a)(g) and (h), (1986). Such additional Development of Regional Impact review, if required, shall be initiated by March 31, 1993. Het New Developments which have obtained building permits prior not be affected by any subsequent review. to December 31, :1992 shall 9. Within 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TCM) Ordinance, which shall require Net New Development to do the following_ a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program, and b. provide mass transit route and schedule information in convenient locations throughout the individual development, and c encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other amenities to increase transit ridership. In addition, the TCM Ordinance shall include other appropriate transportation control measures to be selected from but not be limited to the list entitled "Table 4.9 - Potential Transportation Control Measures (TCM's) far Downtown Miami° on page 4-22(R) of the CADA. The TCM ordinance must be approved by Council with input from the Florida Department of Community Affairs and the Florida Department of Transportation. 11 Increment 1 Development order 10. In the event that a Transportation Control Measures (TC1) ordinance substantially in accord with paragraph 9 above is not adopted by the Miami City Commission within 18 months of the effective dateui this Development order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development or Regional Impact review pursuant to F.S. 380.06(19)(a)(g) and (h) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of its need. 11. Have the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to eaonitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to 'a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development order and to mitigate the impacts of Total Allowable Development. 12. Establish Ozctinber 31, 1992 December 30, 1997 as the date until which the City agrees that the grantees of building permits or Major Use Special Permits for new development, under the Downtown Miami - lncrement I Development of Regional Impact shall not be subject to down -zoning, unit density reduction, or intensity reduction to the extent of the amount of development included within the building permit "or "Major Use -Special Permit, unless the City can demonstrate• that S .12 Exhibit 3 Increment I Development Order substantial changes in the conditions underlying the approval of the development order have occurred, or that the development on substantially inaccurate information provided by the Applicant., W, that the change is clearly essential to the public health, safety or welfare. MONITORING, REPORTING, AND ENFORCEMENT: 13. The City shall monitor the capacity of Total Allowable Development by reserving the amount of Development -Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major Use Special permit. The City shall place reasonable time limits an a1;1 building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 14. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. 15. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council, one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty (30) days of the effective date of this Development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent 'to submittal of the ADA but prior to i uance of this Development Order, whether in response to a formal statement of y el m eJ 2 13 EAe=ui{ o Increment 1 Development Order information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a 'Page Number (R) - Date" notation, with "Page Number' being the number of the original page, "(R)" indicating that the page was revised, and 'Date' stating the date of the revision. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987), and local ordinances. Substantial compliance with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City, and Applicant, its successors, and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application for Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application for Development Approval insofar as they may have been deemed to place a requirement on the City of Miami to take any action or abstain from taking any action. The terms of this Development Order shall control and any requirements of the City are specifically Enumerated herein. 18. The City shall prepare an annual report and submit copies to the Council, the City Clerk and Florida Department of Community Affairs on. or before each anniversary date of this Development Order. The annual report for Downtown Miami - Increment 1 must also be incorporated into the annual report required in the Downtown Miami Raster Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 3. b. Identification and description of any known changes in the plan of development, or in the representations contained LR,the CADA, or in the phasing for the reporting year and for the next year. 14 C -- 9 73 Increment 1 Development Order c. A summary comparison or iota! Allowable Development a"' "-' " Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and other units of land uses included within Total Allowable Development, and the acreage zoned and developed as City parks. d. An assessment of the Applicant's and the City's compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affairs. as being significant. e. Specification of any amended DR1 applications for development approval or requests for a substantial deviation determination that were filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction far any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 380.06 (18) (1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.06(15) (1987). Any other information required by the Department of Community Affairs (DCA) in accordance with F.S. 380.06 (18)(1987). 19. the City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85-14) for all subsequent developments within the Shoreline Development boundary. 15 e3 o- tf (l c t Increment 1 Development Order 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination Bate Tor ccmpieting development shall be _. _ December 30, 1997, provided that the Applicant, or its successors and assigns, complies with paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c) (1987). 21. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (1987). 22. The City shall not violate any of the conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. in the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator') the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative activity or conduct has . occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the date of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a'public hearing and this Development Order will remain in full force and'effect 16 Exhiolt fs Increment I Development Order unless the violator does not diligently pursue the curative action to completion within a reasonable time, in which event the City will give 15 days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph may be modified from time to time by written agreement by the DOA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures- necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 380 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24. The South Florida Regional Planning Council report and recommendations, entitled "Development of Regional Impact Assessment for Downtown Miami - Increment I", dated October 5, 1987, is incorporated herein by reference. 25. within 30 days of the effective date of this Development Order, it shall be recorded with the Clerk, Dade County Circuit Court, 'pursuant to F.S. 380.06(15) (1987), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns, jointly or severally. 28_ _..11ae existence of • this Development Order shall not acts to limit or proscribe the rights of any person under F.S. 380 (1987) to file an ei 7 17 txn•u1C a Increment I Development Order Application for Development Approval and obtain an individual development order for property CO c cu Oy c r," n It 0r uc. , withstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms, be consistent with the objectives 0rde'r. and conditions of this Development 27. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit %xithin the subject area previously issued by the City Commission pursuant to F.S. 380 (1987). This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development order). 28. this Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net Hew Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 29. In the event that a substantial deviation is determined under the terms of this Development Order or F.S. 380 (1987), the City shall retain its ability to issue building permits and Major Use Special Permits and shall continue to do so unabated, subject to the terms and conditions of this Development order. 30. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this ( _ 18 Exhibit B Increment I Development Order Devetcp=;yen, Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue to issue building permits, Major Use Special Permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs. 19 vet v� 9.1 PZ-17 PLANNING FACT SHEET APPLICANT City of Miami Downtown Development Authority. HEARING DATE October 20, 1999. REQUEST/LOCATION Amendment to the Master and Increment I Development Orders of the Downtown Miami Development of Regional Impact. LEGAL DESCRIPTION N/A PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Consideration of amending the Downtown Miami Development of Regional Impact (DRI) in order to extend the buildout/termination date by 6 months pursuant to tolling requirements, to clarify language regarding individual project completion in Increment I, and in order to clarify that modifications of the development credits in certain land use categories by providing for a simultaneous increase and decrease accordingly is permitted administratively as long as the total vehicle trip generations are not exceeded; finding that these changes do not constitute a substantial, deviation, pursuant to Chapter 380, Florida Statutes, and that the changes are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Approval. Please see attached analysis. PLANNING ADVISORY BOARD Approval VOTE: 9-0 CITY COMMISSION N/A APPLICATION NUMBER 99-033 Item #5 _ CITY OF MIAMI DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2"° AVENUE, 3�1;' FLOOR ^ MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 Date: 11/03/99 Page 1 Q Amendment to Master and Increment I Development Orders of the owntown Miami Development Amendment to Master and Increment I Development of Regional Impact (DRI) ANALYSIS FOR CASE NO: 99-033 The proposed amendment to the Master and Increment I Development Orders of the Downtown Miami Development of Regional Impact (DRI) is being proposed in order to allow for the following: 1) to extend the buildout/termination date by approximately 6 months pursuant to tolling requirements ; 2) to clarify language regarding individual project completion in Increment I; and 3) to clarify that modifications of the development credits in certain land use categories by providing for a simultaneous increase and decrease accordingly is permitted administratively as long as the total vehicle trip generations are not exceeded. Please see the attached `Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" for additional information. The Department of Planning and Development recommends approval of the proposed amendment of the Master and Increment I Development Orders of the Downtown Miami Development of Regional .Impact (DRI), finding that the proposed change does not constitute a substantial deviation, pursuant to Chapter 380, Florida Statutes, and that said proposal is consistent with the Downtown Mimi Master Plan and the Goals, Objectives and Policies of the City of Miami Comprehensive Neighborhood Plan 1989-2000, as amended. S9-- 9 3 RESOLUTION PAB -46-99 A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) IN ORDER TO EXTEND THE BUILDOUT/TERMINATION DATE BY SIX MONTHS PURSUANT TO TOLLING REQUIREMENTS, TO CLARIFY LANGUAGE PERTAINING TO INDIVIDUAL PROJECT COMPLETION, AND IN ORDER TO CLARIFY THAT MODIFICATIONS OF THE DEVELOPMENT CREDITS IN CERTAIN LAND USE CA 1,GORIES BY PROVIDING FOR A SIMULTANEOUS INCREASE AND DECREASE ACCORDINGLY IS PERMI I t ED ADMINISTRATIVELY AS LONG AS THE TOTAL VEHICLE TRIP GENERATIONS ARE NOT EXCEEDED; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION, PURSUANT TO CHAP i ,R 380, FLORIDA STATUTES, AND THAT THE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE PLAN 1989-2000. HEARING DATE: October 20, 1999 I I EM NO. 5 VOTE: 9-0 ATTEST: An - ela. - -Sanchez, Director arming Department s9- D 7 3 October 20, 1999 STATE OF FLORIDA - DEPARTMENT OF CONCMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT 2555 Sh71mard Oak Blvd. Tallahassee, Florida 32399-2100 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPNaNT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection. 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1) I, Patricia Allen, Executive Director, authorized representative of the Downtown Development Authority, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning The Downtown Miami Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to The City of Miami, the South Florida Reti o 1 Planning Council and to the Bureau of State Planning, Department of ComFrl Affairs. (Sign tore) (Date) 2) Applicant (name, address, phone). Downtown Development Authority 200 South Biscayne Boulevard Suite 1818 Miami, Florida 33131 Phone,.p05) 579-6675 3) Authorized Agents (name, address, phone). Joel E. Maxwell, Esq. City of IVIiami Law Department 444 S.W. 2nd Avenue Ninth FIoor Miami, Florida 33130 Phone: (305)416-1800 Ana Gelabert/Lourdes Slazyk City of Miami PIanning Department 444 S.W. 2nd Avenue Third Floor Phone: (305) 416-1435 Miami, Florida 33130 4) Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Miami Dade County, Florida Section 37, Township 53 South, Range 41 East Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build out date, development order conditions and requirements, or the representations contained in either the development order or the Application for Development Approval. Response: A. The Master and Increment I Development Orders (Resolution Nos. 87-1148 and 87-1149, as amended) should be changed as follows (see proposed changes attached as Exhibits "A" and "B"): 1) to reflect an extension in the Buildout Dates by approximately 6 months in order to reflect the tolling time which was never adjusted while these Development Orders were under appeal. This would extend Increment I to July 17, 2000, Increment II to July 17, 2006 and Increment III to July 17, 2015 (See Exhibit "F" for "Notice of settlement and voluntary dismissal" to appeal); 2) to clarify language in Condition No. 20 of Increment I, regarding completion for individually approved projects within the area -wide DRI; said language will be modified to require a Major Use Special Permit to be issued prior to the termination date of Increment I (July 17, 2000) of DRI in order for an individual project to be included in the approved development credits of Increment I; and 9 T73 3) to amend the language, and therefore provide a clarification, that simultaneous increases and decreases in land use categories shall be permitted without necessity of an NOPC conditioned on such changes following the adopted "Land Use Exchange Rate Table" (See exhibit "G" for Table) and therefore not causing an increase in the peak hour traffic generation. 6) Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Response: A copy of the Downtown DRI Status Report is attached as Exhibit "C" No change in maps. 7) Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Response: No Change 8) List all the dates and resolution numbers (or other appropriate identification numbers) of all modification or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any infon.uation not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Response: Originally approved development orders: . _3_ O.r9- 7 3 A. Master Development Order - B. Increment I Development Order - Modifications: Resolution #87-1148 December 10, 1987 Resolution #87-1149 December 10, 1987 C. Stipulation of Settlement, Department of Community Affairs vs. The City of Miami and the Downtown Development Authority, State of Florida Division of Administrative Hearings Case No. 88-1638, June 2, 1988 (This settlement clarified the meanings of Total Allowable Development, Net New Development and Aggregate Exclusions as applied in the development orders.) D. Resolution No. 91-698, passed and adopted by the Commission of the City of Miami, Florida on September 26, 1991, which approved the following changes to the Master Development Order and the Increment I Development Order: (1) Updated the name of the authorized agent of developer to Matthew Schwartz; and updated the name of the Planning, Building and Zoning Department. (2) An extension of the build outltermination date of the Increment I development order from December 31, 1992, to December 30, 1997. (3) An extension of the date until which the City agreed that the grantees of building permits or Major Use Special Permits for new development under the Increment I Development Order shall not be subject to down -zoning, unit density reduction or intensity reduction from December 31, 1992, to December 30, 1997. (4) An extension of the deadline for completing air quality monitoring from March 15, 1991 to March 15, 1994. (5) Extension of the time to contract for construction of transportation improvements from four years to eight years from the effective date of the Development Order (see condition 6 on page 10 of the Increment I development order). -4- • • (6) Simultaneous increases and decreases in the proposed land uses in Increment I: (1) Attractions and Recreation facilities increased from 3,400 seats to 6,500 seats, and Hotels increased from 1,000 rooms to 1,500 rooms. (ii) Office uses decreased by 180,450 square feet, resulting in a change from 7,100,000 square feet to 6,919,550 square feet of office space permitted in Increment I. E. Resolutions No. 94-849 and 94-850, passed and adopted by the Commission of the City of Miami, Florida on November 17, 1994, which approved the following changes to the Master Development Order and the Increment I Development Order: (1) An extension of the build outlterraiznation date of the Increment I development order from December 30, 1997, to December 30, 1999. (2) An extension of the date until -which the City agreed that the grantees of building permits or Major Use Special Permits for new development under the Increment I Development Order shall not be subject to down -zoning, unit density reduction or intensity reduction from December 30, 1997, to December 30, 1999. (3) An extension of the deadline for completing air quality monitoring from March 15, 1994 to March 15, 1997. (4) Extension of the time to contract for construction of transportation improvements from eight years to ten years from the effective date of the Development Order (see condition 6 on page 10 of the Increment I development order). (5) Simultaneous increases and decreases in the proposed land uses in Increment I: (1) Marine Facility was added as a new land use encompassing a 230,000 square foot terminal building; (ii) Office Uses decreased by 242,273 square feet resulting in a change from 6,919,550 square feet to 6,677,277 square feet of _5_ office space permitted in lucrement I. F. Resolution 98-219 passed and adopted by the Commission of the City of Miami, Florida on February 24, 1998, which approved the following changes to the Master Development Order and the Increment 1 Development Order: (1) Simultaneous increases and decreases in the proposed land uses in Increment 1: (I) Attraction Recreation seats were increased .by 24,000 seats resulting in a change from 6,500 seats to 30,500 seats permitted in Increment 1. (h) Office Uses decreased by 81,871 square feet resulting in a change from 6,677,7.77 square feet to 6,595,406 square feet of office space permitted in Increment I. G. Resolution 98-787 passed and adopted by the Commission of the City of Miami, Florida on July 21, 1998, which approved the following changes to the Master Development Order and the Increment 1Development Order: (1) A simultaneous increase and decrease in certain land use categories was effectuated in Increment I as follows: (i) Office Uses decreased by 2,509,138 square feet resulting in a change from 6,595,406 square feet to 4,086,368 square feet of office space permitted in Increment 1. (ii) Hotel Uses increased by 3,000 rooms resulting in 2 change from 1,500 rooms to 4,540 rooms. (iii) Residential Uses increased by 7,000 units resulting in a change from 3,550 units to 10,550 units. 11. Resolution 98-1153 passed and adopted by the Commission of the City of Miami, Florida on November 17, 1998, which, approved the following changes to the Master Development Order and the Increment 1 Development Order: (1) A decrease in the Office land use categories was effectuated in Increment I as follows: -6- n (i) Office Uses decreased by 404,478 square feet resulting in a change from 4,086,3'68 square feet to 3,681,F90 square feet of office space permitted in Increment I. 1. Resolution 99-159 passed and adopted by the Commission of the City of Miami, Florida on February 23, 1999, which amended Resolution 98-1153 to substitute the attached exhibits for exhibits depicting the cumulative effect of all previous amendments to the Master Development Order and the Increment I Development Order land use tables. 9) Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non -project land uses within 1/2 mile on a project master site plan or other map. Response: Not applicable. 10) Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any criteria listed in 380.06(19)(b), Florida Statutes. Response: Not applicable. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO 11) Does the proposed change result in a change to the build out date or any phasing date of the project? If so, indicate the proposed new build out or phasing dates. Response: Yes, but only so far as the date needs to be clarified and modified to retrieve the tolling time for which the DRI was under appeal. The new Buildout dates are as follows: -7- Increment I - July 17, 2000 Increment-Il - July 17, 2006 Increment III - July 17, 2015 12) Will the proposed change require au amendment to the local government comprehensive plan? Resp ons e: No. 13) An updated master site plane or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Response: Map hI-Master Land Use Plan (Exhibit D) has not changed since the originally approved development orders. 14) Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build out date of the development; to development order conditions and requirements; to commiwients and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Response: See Exhibit "E" for draft of Resolution and drafts of the Amended Master Development Order and the Increment I Development Order which are attached to the Resolution as Exhibits. b_ An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; -8- 99- 973 Response: Not applicable. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Response: Not applicable. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; Response: Increment I - July 17, 2000 Increment II - July 17, 2006 Increment III - July 17, 2015 e: A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -zoning, irrit density reduction, or intensity reduction, if applicable; and Response: Not applicable. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 93-0.025 (7), F.A.C. Response: Not applicable. t:. S. 380.06(19) (1987), and which shall be measured by the following land uses: Office Government Office Retail/Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Chang,e) provided that the --tgional impacts of the land uses as changed will not exceed the adverse regional impacts of ,ne land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. • o� S G Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended.' • Net New Development: Any construction or reconstruction which will result in a 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 region impact as measured by peak hour vehicle trips. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page I herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be.issued under the terms and conditions of this Development Orde together with the applicable Master Development Order, as may be modified pursuant to F. 3 Pursuant to F.S. 380.06(.4.0 (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development ..to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all Property within the boundaries of 'the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and 1-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT R,OPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following teims shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. g80.06 (1987). -ADA or Consolidated Application for Development Anoroval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancv: A peixuanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or t:. DER: The Florida Department of Environmental Regulation. v u a ey ti,D Exhibit "A" Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana Gelabert. Director. or Lourdes Slazyk, Assistant Director, City of Miami Planning Euil'irg and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Land uses Increment 1 Increment I1 Increno.ent III Buildout- Buiidout- Buildout- Dec_ 30, ? 000 Dec. 38;-?OQ4 Dec. 30; ?044 July 17, 2000 July 17, 2006 July 17, 2015 Totals Office (gross square feet)- 3,681,890 3,600,000 3,700,000 10,981,890 Government ()Mee (gross square feet)- 300,000 250,000 200,000 750,000 Retail/Service (-oss square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (room) 4,500 500 1,100 6,100 Residential (dwelling units) 10,550 2,550 2,920 16,020 Convention (gross square feet) 500,000 0 0 500,000 wholesale/ Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation ( seats) 30,500 1,600 5,000 37,100 Maxine Facilities 230,000 0 0 230,000 Exhibit "B" Increment I Development Order INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown. Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Patricia Allen, Executive Director, Dow-niocm Development Authority and Ana Gelabert. Director, or Lourdes Slazyk, Assistant Director, City of Miami. Planning BuildiE.g and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown MiPrni through the Year 2014, including the following land uses and increments: Land uses Office 'gross square feet)- .-overxzment Office (gross square feet)- Retail/Sexv.ce (gross square feet) Hotel (room) Residential (dwelling units) Convention (gross square feet) Wholesale/ Industrial (gross square feet) Institutional ( gross square feet) Attract ions/Recreation ( sews ) Marine Facilities Increment I Increment 11 Increment III Buildout- Buildout- Buildout- Dcc. 30, 1999 Dec. 3g, 2805 1 ec-z 0, July 17. 2000 July 17, 2006 July 17. 2015 3,681,890 300,000 1,050,000 4,500 10,550 500,000 1,050,000 300,000 30,500 230,000 3,600,000 3,700,000 250,000 200,000 400,000 500,000 500 1,100 2,550 2,920 O 0 O 1,050,000 0 300,000 1,600 5,000 Totals 10,981,890 750,000 1,950,000 6,100 16,020 500,000 2,100, 000 600,000 37,100 O 0 230,000 5 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of developer planned for each land use category, but provides flexibility for such development to ue located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with, the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OP SUBJECT PROPS STY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following tei L .s shall be defined as follows: ADA or Application for Development Approval: The original Application. for Development Approval for Downtown Miami Bled by the DDA. an. November 25, 1986, pursuant to F. 380.06 (1987) CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancv: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Metropolitan Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Development: Any construction or reconstruction whichwill 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/sex-vice, 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, e 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 va I i d 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. Parcel of Land: Any quantity of Iand capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. 7 Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: 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) (1987), and which shall be measured by the following land uses: Office Government Office Retail/ Service Hotel Residential Convention Wholesale/ Industrial Institutional Attractions / Recreatiorn Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Chance, provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require ail development pursuant to this. Development Order to be in accordance with applicable building codes, land development regulations, ordinances and other . laws. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development under this Increment. shall be Decen ibc. 30, 1999- July 17. 2000..Any individual project within the Downtown DRI area. which has obtained approval of a Major Use Special Permit by July 17. 2000. rnav continue develoument and the Citv shall continue to issue development permits in accordance with the terms and conditions of the approved Major Use Special Permit. provided that the Applicant, or its successors and assigns, complies with Paragraph 25 herein. The termination date may only be modified in accordance with F.S. 380.06(19)(c), 1937, as amended. 9 EXHIBIT "0" Downtown Development of Regional Impact ANNUAL STATUS REPORT - UPDATED THROUGH OCTOBER 20, 1999 A. Current Status of increment I Development Credits Land Use Total Allowable Reserved with MUSP or CII Reserved with Building Permit or completed Unreserved Credits Ofce (GSF) 3,681.890 17,426 (1) 243,656 (9) 1,200,000 (14) 395,767 (15) 37,500 (10) 540,000 (11) 1,247,541 Gov't Office (GSF) 300,000 300,000 Retail (GSF) 1,050, 000 14,052 (2) 13,149 (5) 11,716 (9) 16,955 (13) 400,000 (14) 22,945 (15) 40,000 (10) 27,550(11) 503,633 Hotel (rooms) 4,500 325 rooms (1) 426 rooms (9) 300 rooms (14) 120 rooms (16) 302 rooms (11) 3,027 Residential (units) 10,550 508 units (1) 599 units (2) 641 units (5) 190 units (9) 749 units (13) 1 500 units (14) 144 units (15) 356 units (4) 297 units (3) 80 units (6) 128 units (7) 355 units (8) 5,003 Convention (GSF) 500,00G 500,000 Wholesale/. Industrial (GSF) 1,050,000 1,050,000 institutional (GSF) 300,000 300,000 Attraction/ Recreation (seats) 30,500 4880 seats (12) 24,000 seats (10) 1620 seats Marine Facilities (GSF) 230,000 230,000 (1) Bricker] on the River (2) Bricker] Point (3) Fortune House (4) Yacht Club at Brickell (5) Brickell Bay Plaza Olympia Building Congress Building Yacht Club 11 Millennium American Airlines Arena Barclay's Financial Center Performing Arts Center Bayshore Palms One Miami Espirito Santo Plaza BFFkelt Premiere aLta.chi nt — f 1 i 4.0 7..006 S� •1 it. _{ / !1' owl .... • EXHIBIT fltfi(11�if� CENTRAL COM4ERC1AL NIGH INTENSITY CENTRAL COMMERCIAL MODERATE INTENSITY LIBERAL COUMERCIAL (WHOLES ALE/14CUSTRIAL) GOVERNMENT OFFICE/ INSTITUTIONAL USE sAEChAL >,11xEC USE RETAIL PARK Pienrn=. And > K.rtt ♦.-d vcg MAP H MASTER LAND USE PLAN OWN -aN DEVELOPMENT OF REGIONAL IMPACT A STER PLA o i• 111� d it• '\ _• N.W. 17 T. , )1 a 'i' �--��. �' JL U is ' :Ij .11 �--� / I it d " �t flc...,.....,..., . 1 15 fl II I (L i EEL kr.w.s • fa DOWNTOWN MIAMI DR! P JUNDARY MAP £x41aT 2 D£SCRIPTIDf OF SUBJECT PROPERTY; Begin at the Intersection of the centerlines of R.V. Sth Street and .N.V. 3rd Avenue (-west side of N-S Expressway ( :-951: , ;aid point of beginning also being the H.'i. corner of the district; thence r;n southerly along the center line of N.d. 3rd Avenue and the easterly side of the H-S Expressway to the centerline of Nest Flagler Street; thence westerly along the centerline of said Nest Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way (R/S,i) line of Metro Rapid Transit R/W (formerly Florida East Coast (rtC) Railroad R/111 said R/W line being 5O feet easterly of and parallel,with tie centerline of said Metro Rapid Transit R/W; thence run southerly and southwesterly along said easterly R/k1 Tine of Metro Rapid Transit to the intersection with the centerline of S.V. 1St~h Road; thence southeasterly along the centerline of 15 th Road to a point of intersection with the southerly prolongation of the westerly line -of COSTA BE.T LA DEVELOPMENT SI. DIYISICi3 (107-14) ; thence northeasterly, northwesterly and northeasterly along said westerly line of COSTA BELLA to the intersection with the southerly right-of-way line of S.E. 14th Lane, thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lase and S.E. 14th Terrace to the intersection with the northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT YtEil as recorded 1n Plat Book 2 at Page 93 of the Public Records of Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31 to the northeasterly side of the existing tern foot alley in Block 2 of said POINT VIEW; thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the property line betetn Lots 4 and 5 of said Block 2 of POINT VIEW; thence north-ssterly Alen, .aid line of Lots 4 and 5 and its prolongation thereof to the centerline of S.F. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a point of intersection with the ezisttng oulkhead and shoreline of Biscayne Bay: thence meandering northerly along the existing bulkhead and shoreline cf Biscayne Bay to 4 pain: of Intersection with the southerly boundary of Ctau;r.1%n Island 19 Bridge; the-:_ ._-.::o:'ly R,"p line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton island, said bulkhead line being part of the Metropolitan Oade :County Bulkhead Line an recorded in Plat Book 73 at Page 18 of the Public Records; thence southerly, easterly, northerly and westerly, fallowing said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesteriy and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly RN line of Brickell Avenue Bridge iS.E. 2nd Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulk line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being 41ong the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Canter Limited Partnersnip property along Biscayne Day to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Mtacsarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly- along the centerline of k.E. 17th Street and its extension thereof to the easterly R/W line of the FcC Railroad; thence southerly along the easterly R/W line of the rot Ra€lroed to the limited access right-of-way of I-195; thence southeasterly and easterly along the 1icaitad access right -of-tray of 1-395 is the centerline of Biscayne Boulevard, thence saucherLy along the centerline of Biscay,» Boulevard to the centerline of N.E. 5th Street, :hence kesterly along the centerline and N.C. and N.N. 5th Street t- t.ne point of beginning. The aoove described area contains approz:mately 839 acres. 20 t . •ri., ---i.. -.. :.� i �, :11_1.1t iz i:ali i 16,;\ I � � '��''�Q • , �^ 1 �1 ► Jnl,= J�i=0�� p 1 I EEL J1 ID . IQ 11.11 1. ls:a 41 axr_a ra.vr� 1. 1ta S!.ecaa a. 1. =I a.1xr to. I. Is=i1 Cay 4. Ipl I10.00 0i I. .1 I.....8 Id. I [. rs, I Op ll. AZI L.n 1 0= W. ai 1. nrm Isar... tt. rt n ...y . 11. S ID 1. c.c. y.r 1I, ew I. c. S. • :I. 10 w� =1 • 11. 1114 I. .' a. L ti I. 1 II r.eap. 11. 111 1. C. 3 .,.•"`1 . er 1. 1. I LI- ICI i. f. 1 .w. 11. 1G`] 1. 1. l . ••••••I. :1. ..1.21-II t. I 11. 1/11 1. 3. t1 .3t t. [. t It. Ill I. 1. t l4el y-sx� r$ Ls =, u1. t :m--t z tP,'MTS1yLxr= . 4i7:o' SGF rt.;411 cy 0011 Io ego 1 a ie I ; •. .. .1011 ucyl 41=0,• tby,y 4.1 Cat aq ba.=1 1� > as pip Par ea$, .•vc ifdl•ed r4 .d arm IGnwa 40 "6. L4_ m1 .ta .tr1'n am tau.; pp I.L w1aPap �f i..cca1 cao. is+•rea t^6n:aa .»m srs.. . 11. p ap i14. -Lap1141-1, MAP 0--2 HISTORICAL SITES !DOWNTOWN f»3 171.1 ^r'1 ICM.. od pork G-sl 1.4.0 Pc.I0+e.-S 1= SdSae 4.11 &pad 1.t1 Lames n Pap d So.ltr cy� 1.11appaa capr CI pap • . act latc=l $ .ca L a.m Scry •1 1oc:I.° 01acncl c1 . rccml r+--i.10. .Icy I0 • ••saCf1 Idw.c.. ocup.pvp P 1.c1p I1t;a =4 • Lea qo a•cam'.. IIq ASTER PLAN DEVELOPMENT OP RSGIONAL IMPACT d C4 1.4 20 a= G - NJ u 4.3 1ij C.i �.G fI 1 C 1 : - iwk\\ ';, 'E�Lid, INpf! ;irT—,,--0‘ \ 1 i 10 czz r.frrn 1. E; Rr JigC:=lpl ca; Zi= I. ¢ a.m1=14 1t.1 L=F 1. 1"-"" .1 IPt= CC. Ar'" it- cal Lc= i• arm ciicrt41 Lc= S. fc:S Cnl1q� e.rcic--w �.st :ca 6. s;="z:i 6 Lc=ic-ny tal Lr� ?. E.1 .otk Lrr %=q ca; Lc II. On ,pit PAC% ter !Cj'IGat Lo 1• P. [r.oca a+W ::,tgicaF Ire :0. L.=C5 = Mc—icv.ta1 Ic. I;. CPOC Et^ er_ ..aigecai I� ?+�+ v ®n a aro - +-a+, .e.. . 6o®ras.-cc�..m MAP 0-2 AFPCHEOLOG1CA.L ZONES DoilNToddN 1 A aTER PLAN DEVELOPMENT OF REGIONAL IMPACT VI EXH IT F STATZ C DIV/SION OF A.DHI D 2r1RTM ?` T OP COMMUNITY AFFAIRS ?etitioner, VS. CITY OF H.IAMI . Resp and ent . Q'i ]•. Cam' SFr,. nnrr ? The Petitioner, Department through the undersigned . attorney . that it, voluntarily dismisses it files herewith the Stipulation c: parties on 3uae 2, 1988. Petitioner farther notifies and di5,nlzsa1 of this appeal has the June 28, 1988 agenda of the _ Carr>;nission. (,WAC) and requests .. Settlement be referred to Ms. Fr:: June 13, 1988, for inclusion on i IMAZINC5 AQ1t%O1'7•03Y CQ Mk iTy-R rssaoAr CASS NO. 88-1636. 'aLt NTARY DISMISSAL -Tfftrminity Affairs, by and . `aby•notifies al't parties '.:ition in this cause and :rtlement entered by the parties that the settlement a scheduled for hearing on ida Lead and water Adjudicatory the file and Stipulation of Coyle. ELwAC, on or FLWAC agendas. xpeac fully submitted, before /774,Z '-. / .na M. Pare^-✓, Sr. AttorRey Laurence Eoosey ,. nera1 counsel osrtment of Community Affairs �Q Center'uierr Drive . l.a.hassee, Florida 32399-2100 04) 488-•041.0 r,_ CERTIFICATE OF SERvTC CE'..TyFT that a true and correct copy of the fategoing has been £urnished to the parties listed below by U. S. Hail this 2, day of 3una. 1986. Diana M. Far. r. Joel. E. Maxwel.l. Eaqui re Assistant City Attorney 100 AmeriFirst Euildiag One Southeast Third Avenue Mimi, Florida 33131 Robert N. Sechexi, Esquire 2400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 Jack Ostencolt Executive Director South Florida Regional Pl.nnirtg Council 3440 Hollywood Blvd. Suite 140 Hollywood, Florida 32021 Patricia A. Woodworm Secretary. Florida Land and Water Adjudicatory Commission The Capitol Tallahassee, Florida 32399-0001 2 L �fT STATE OF FSO IDA DIVISION OF ADI-i_TNISTRATItiE HEARINGS DEPARTMENT OF COMMUNITY ) - AFF. 1RS ) Petitioner, ) vim. ) THE CITY 0- ) Tb � AND CITY ) OF MIAMI DOWNTOWN DEVELOPMENT ) AUTHORITY ) Respondents ) ) CASE NO. as-153a STIp to T'xoN OF SETTLEMENT The parties to this above -styled appeal, the Florida Department of Community Affairs ("DEPARTMENT"), the City of Miami ("CITY'), and the City of Miami Downtown Development Authority, an authority created pursuant to Chapter S5.1090, Laws of Florida, and Section 14-2S of the City'of Miami Coda (7ADTX3ORITY") , enter the following agreement, Which shall be binding on their successors and assigns. WHEREAS, the DEPARTMENT is the state land planning • agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes (F.S.) which includes provisions relating to development of regional Impact (MI); and — WHEREAS, the State Comprehensive Plan has a goal to encourage the centralization'of commercial, governmental, retail, residential, and cultural activities within downtown areas in order to use existing infrastructure and to accomodate growth in an orderly, efficient, and environmentally acceptable manner; and WHE EAS, the attainment of said goal can be reached through the policy of compact urban growth to ar ammcdate future development whereby full utilization may be made of existing excess infrastructuze capacity thus lessening the fiscal burden on government to provide facilities and services over larger areas; and :WHEREAS, in fut2herance of said goal, the State Comprehensive Plan establishes policies to provide incentives to encourage private investment in the preservation and enhancement os° downtown areas, to assist local governments in the planning, .Financing, and implementation of development efforts aimed at revitalizing distressed downtown areas, and to promote state programs and investments which encourage redevelopment of downtown areas; and WHEREAS, tho DEPARTMENT, as the state land planning agency, encourages the intelvament of Public agencies and private ,groups involved in development and redevelopment of downtown areas, provided d that all impacts of development and redevelopment are fully addressed and that provisions are made for all facilities and services needed to support the proposed development and redevelopment; and WHEREAS, Downtown Miami, the largest and one of the oldest downtown areas in the state, encompasses over 830 acres of land area containing thousands of older deteriorating structures in need of -rehabilitation, reuse, or redevelopment; and-1nclvdes an area that has been declared to be slum and blighted, pursuant to Chapter 163, pert 1TI, F.S.; and dZ hrw? -t Who IT AUTHORITY and the D�_ AR'E':•'ZNT entered into a Predevelnpmsnt Agreement ("Agreement") an the June 28, 1985,: and `EERBIAS, pursuant to the Agreement, as amended, the AUTHORITY prepared and timely filed an Application for Davelnarrant Approval ("ADA") for the City of Miami Downtown DRI, pursuant to Subsection 220.06(22), F.S. (1927); and WH RZAS, the AUTHORITY has timely filed the ADA with the South Florida Regional Planning Council and obtained a Report and Recommendations from the Council; and WHEREAS, the CITY considered the ADA, the Report and Recommendations of the South Florida Regional Planning Council, and each element required to be considered by Saotion 280.06, F.S. (1987); and WHEREAS, the CITY and the AUTHORITY have considered the impacts and needs created by the amounts of development by land use as analyzed in the ADA and approved in the Increment I development order; have provided for the necessary mitigation and infrastructure needed to support the existing, permitted and approved amounts in order that the approved amounts represent, for accounting purposes, nett near development; and have, thereby, created an incentive to encourage redevelopment, rehabilitation and reuse of existing structures: and WHEREAS, the Downtown DRI provides an incentive for large scale now development to locate in downtown Miami, but could create a. djnincentivo to small development, redevelopment and rehabilitation of existing structures if applied indiscriminately to all development; and WHEREAS, the City Commission doe ed it advisable and in the best interest of the general welfare of the CITY to issue and did issue the Master Development order and the Increment r Development Order, incorporated herein as Exhibit A, approving the Dotirntewn Miami Development of Regional Impact an December le, 1987, (hereinafter collectively "the Downtown DRI"); and WHTRZA.S, the DEFARTHHHT pursuant to Section 3 8 0.07 , F.S., imatitutod this appr a1 of the CITY' a Downtown DRI development orders for the Downtown DRI, cn February 4, 1988, and sought to reverse they Downtown DRI development orders to the extent that they are found by the Commission to be illegal and violative of the p,roviaicns of Chapter 380, F.S. (1927); and WHEREAS, the C.LTX, the AUTHORITY and the DEPARTMENT desirous of settling all issuers raised in the, appeal and have to discuss the mutual resolution of the issues raised in this appeal. are met NOW, THEREFORE, in connidaraticn of the mutual promises and covenants contained herein, trio parties to this appeal agree as follows: 1. The CITY and the AUTHORITY shall abide by the terms and conditions ©f this agreement. The CITY and the AUTHORITY shall take no ,ction in implementing and enforcing the Downtown DRI or this Stipulation of Settlement which conflicts with the .terms and conditions of this Stipulation of Settlement and shall utilize their beat efforts to enforce and fulfill its tams and conditions. 2. The CITY and the .701TEmiTX shall include all development, as defined by Section 380.04, F.S. (1987), in implementing the conditions of the Downtown DRI in accordance with, and limited by, the terms of Exhibit H, attached hereto and made a part hereof. 3 The. -term Total Allowable Development need not include redevelopment or rehabilitation and reuse of existing structures on individual parcels, as represented in='the Downtown 0 CI J DRI, because the enodelogy in the ADA for accour .g for this impacts of the exe.eming, including previously approved and permitted, amounts of development furthers the goals listed above. Tha CITY and the ACTTHORITv agree to maintain detailed records concerning all development, as defined pursuant to Section 280.04, F.S. (19a7), including any redevelopment, and all maximum 10,000 square foot exemptions granted by the Planning Derector, that are excluded from Net New Development. The cumulative sum of the exclusions made pursuant to the maximum 10,000 square foot exemption shall be teed the "Aggregate Exclusion" and shall be retorted in the. Annual Repot- to the DEPARTMENT. The C.TTY and the AUTHORITY agree that maximum 10,000 square foot exclusions from Net New Development will not be granted to any development on a parcel where the amount of the proposed new construction exceeds 10,000 total square feet. The intent of thin language is to clarify those developments which would he eligible for the granting of an exclusion from Net New Development by the Planning Director under the procedures as outlined in the Downtown DRI. 4. When the sum of the approved Aggregate Exclusion and the total amount of Net Hew Development equals the Total Allowable Development, than the CITY and AUTHo!ITY agree to amend, pursuant to the provisions of Subsection 380.06(19), c.S., the Incremental development order, by seeking approval for additional development by an amount that equals or exceeds the amount of the approved Aggregate Exclusion development, and, if necessary, to re—evaluate the Increment:/ development order conditions based on the regional Impact review. The CITY shall demonstrate that all impacts resulting from such proposed development will be adequately mitigated and that public facilities necessary to serve that development will be available. The CITY, the AUTHORITY and the DEPARTMENT agree that nothing in the above language shall preclude the CITY from proposing a change to the Downtown DRI under Subsection 380.06(19), _.S., prior to the time that the abov© thresholds are met. S. is the event that a proposed change is requested as a Substantial Deviation, or a Substantial Deviation is declared pursuant to Subsection 380.06(19), F.S. (1987), the CITY may continue to issue building permits and MajorUse Special Permits so long as such permits are issued as a result of any one of -the following: (a) a predevelopraent Agreement between the CITY and the DEPARTMENT, or (b) the permits and the development allcraed by them are not affected by tha proposed change which brought about the request for a Substantial Deviation. 6, The CITY and the AUTHORITY specifically agree that the provisions erg paragraph 39 of the Master Development Order and paragraph 30 of the Increment 1 Development Order will be inapplicable and inadmissible in any litigation brought by the DEPARTMENT in any injunctive action concerning Chapter 380, F.S., (1987) and then CITY and AUTHORITY hereby waives said right purportedly granted by those paragraphs solely as to the DEPARTMENT. 7. The CITY and the AUTHORITY shall oat rescind the Master Development Order pursuant to paragraph 40 of that Order at the completion of the Increment I Development Order until the -CITY and .0 HOR/TY have fulfilled the mitigation requirements of the Increment I Development Carder. 8. The DEPARTMENT tan received the Consolidated Application for Development Approval (CADA) from the CITY and the AUTHORITY. The DEPARTMENT agrees that submittal of the CADA i.s no longer an issue of the appeal. 9. The parties agree that the Downtown DRI development arders_as approved shall be clarified by the terms of this Stipulation -of Settlement. This stipulation shall become effective upon the filing, by the Department, of a Notice of 39- 973 Voluntary Dism;s with the Division of Administ ive Hearings. 10. shall inure to successors and 11. the date that agreement. The rights and obligations of the parties hereto thobenefit of and shall be binding upon the assigns of the Pat -hies. The date of execution of this agreement shall be the last party signs and acknowledges this 12. Each party of this proceeding shall bear its own costs, including attorney's fees. 13. The CITY and AUTHORITY agree to record this Stipulation simultaneously with the Raster Development order and the Increment 1 Development order in the public records of bade County, Florida. A copy of the recorded Stipulation`sha11 he provided to the Department within 30 days after the effective date of the Stipulation. Approved/s to 1 form and legal CITY OF MIVI Lucia a. Dougherty, City Attorney, City of Miami wrarsss. .• . :,%i •.r• t�ra..ss s The foregein instz~ument was .-;7.3 e. day aff� :P , b� Approved as to forM and legal Sufficie .. iTHESS : 9 44:4 WITNESS: STATE OF FLORIDA Attested by City Manage. atty Hirai, City C3erk cknr aledgeb41-8?S ma this Notary Publicr State of Florida Notary Public Sine of tiaridn Thy co=iss3.on ex'�,air , tommrssian txa. Apr. 28. ! U EIns itNu t,crr=erar Iva Director town Dev •mcnt Authority The foregoing strument was knowl g d beforg me this day ofV V.ICL/1-^ by . Votary PiliC, Stake of Florida My commission expires: Nat=€sz..51atAci Fixes +•�C [=..,.:.rAp a 4e1 1 17, L�'+A L int Lrs '3 STATE OF FLORID COUNTY of Approved as to Form and legal D=?ART2r F O ' CO2� i"u�flT'l AFFAIRS AI?5 Sufficiency; Laurance retesey, General Thomas G. Pelham, Secretary Co1, 1Tanar nt a; 2740 Centierview Drive Community unity Affairs Tallahassee, Florida Z2399 WITNESS: i a r �,•� _ f WITSS : r / STATE OF FLORIDA COUNTY OF LEON fi'�ns goragc ng inst sae was a__4owledger e d me s a / fr' .. _ day o , n • 14 ` , by i(.AeZ,s"C1/. . ` of the Depaitm4iit of Community Affairs, an agencyof the stave of 6 Florida, on behalf of the Department. Notary Public, State of Florida my commission empires: r,. EX1SI`.313 T• Kura DO CONDITIONS 2. Within 6 months of the effective date of this Developmest.Order, adapt and implement a uniform ordinance that incorporates a requirenent that Net New Developments shall mulch, spray or plant grass in exposed areas to preveit sail erosion and minimize air pollution during construction. Applicability: (a.) All development; other than (b.). (b.) Exceptions for development with exposed areas of less than 5,000 square feet; or areas that will be a paned for 90 days or less. 3. Within 6 months of the effective date of this Development Order, adopt and isspleaeit a uniform ordinance that incorporates a requirement that 1;et Nc Developments shall place,temparary screens, berms, and/or rip - rap around sites under construction to filter or retain stormwater runoff during construction. Applicability: (a.) All develop:ternt, other than (b.). (b.) Exceptions for rEmovation of existing structure or land improvements; change of use or intensity of use of an existing structure or land improvement; nel structure or additions to misting structure; of less than 3.0,000 square feet; or where istiag drainage facilities are adequate to retain stanewater • within the site. 4. Within 6 moths of the effective date of 'this Development Order, adopt and irrpl Emelt a uniform ordinance or establish an accented procedure to rewire Net Net Developments to dm1gn, construct and maintain stormwat.er management systems to meet the following standards: a. Retain the 'runoff from at 1 a5t a 5—year storm on each Parcel of Land wherever feasible and construct drainage systems as proposed in the Consolidated Application for Development Approval (CADA). Consistent Page 1 of 10 t:. with the CADA, individual drainage systems must be designed to retain at east the first one-incn of storrwa:`r runoff within drainage wells and exril tration trenches. Applicability; (a,) AIi development, except as may be exempted by Dade County DERH, pursuant to S tion 0-4 of the "Public Works Manual" of Dade County and the South Florida Water Manageneit District Rules. b. Install pollutant retardant structures (catch basin pith down -turned inl et pipe or other Dade County DERV -approved device) to treat all storcwate• runoff at each individual drainage structure and/or well; and pelodical ly remove pollutant accu stations. Applicability: (a.) All development except as may be 'm.eapted by Dade County DERM pursuant to the South Florida Water Management District Rules. c. Unit application of poticices and fertilizers in vegetated stern orate- retention areas to once per year for preventive maintenance and to c crgencies, such as uncontrolled insect infestation. Applicability: (a.) All development, other than (b.). (b.) Exceptions for renovation of chi sting structures or land improvennents; change of use or intensity of use of an misting structure or land is provesnent; new structures or additions to existing structure; of leas than 10,000 square feet; excavation; dolition; or deposit of fill. d. vacuum steep all parting lots of el even or mare vehicl a spaces and private roadways searing the parking lots at lest once per wedr.. Page 2 of 10 - 'q p' 0 Applicability: µ (a.) All ((eve)ome=t, other than tb.). I b .) E.xc epti ons for renovation of existing structure; or l and it:rprovanent: ; change of use or intensity of use of an existing structure or land iopr-overa ent; ned struetur or additions to existing structures of 1 e;s than 10,000 square feet; excavation; darnel flan; or deaosit of fill. e. Bath during and fall owing construction; pre/ent the direct slow of stoniater runoff (that has not beer pre-tr teri pursuant to Condition 4a. above) into surface waters. Applicability; (a .1 All development; other than(b.). (b.) Excaptions for renovation of misting struetur or land isprovomits ; change of use or intensity of use of an existing structure or land improvement; ne=a structures or additions to misting structure; of 1 s than 3Q;DOC square feet; or where misting drainage facilities are adequate to retain storaiwat within the site. S. Require Net }ici Drxel°p is of to comply with Dade County hazardous waste requireaents by the adoption and imp] emertation of a ur+ifor ordinance, as raay be found by the City to be applicable and no nary, providing 4er hazardous materials actidene prevention, mitigation; and •r6panse standards; as describes in a. through h. below. Tile standards shall be maintained by individual dvelope-s who sha11 require by 1 ease agreement or building rule that all tetafts clrassifiei by a.SiC code listed in Appendix 17A1-8 of the CADA, incorporated herein by reference, that use; handI e; store, display, or generate hazardous anateri al s (materials that are ignitable, corrosive, toxic, or reactive), including those ideitifian page 5 of Appendix 125/-3 of the CADA comply pith these standards; provided however, that the users in and the bastes listed in Appendix 1?A-8 of tine CADA shall be sinnnltan eausly aide upon the addition or deletion of any or all of the listed uses, materials; or erase, by anertse'tt to the 'County and Regional Hazardous Page 3 of 10 tr., r-) Y Waste Assessment Guidelines' incorporated by Rule 17-31.02(2), Florida Administrative Code. At a minimum, these standards shall: a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes; as defined above, are to be used, displayed, handled, generated, er stored shall be constructed with iepervious floors; without drains, to ensure containment and facilitate cleanup of any spill or 1 eakage. Applicability: (a.) All development, except as may be exaatpted by Dade County D-eRH, _pursuant to S on 24-35.1 of the Dade County Cade. b. Prohibit any outside storage of hazardous materials or hazardous waste. The =option to this condition is for retail goods typically assoei ated with re;i d anti al nurs ey activity, such as 1 arm fertilizers and garden peticides. Those areas used for the storage of these goods are subdmt to th e requirement contained in Condition 5c. below. Applicability: (a.) All development; =cent as may be pted by Dade County DEM, pursuant to Setian 24-35.1 of the Dade County Code. c. Rt uire that any area used for loading and/or unloading of hazardous material be coved and equipped with a cell ectior: system to contain I eal:ag a and accidental spills, Applicability; Ca.) All develapa:ert; excpt as may be eciipted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Cade. d. Require all hazardous waste generators to contract with a 1 i c ens ed public or private hazardous waste disposal service or processing facility and provide Dade County DErl1 cops es of the following forms of d=um ettati on or proper hazardous waste manag alert practices a hazardous baste ttani f est; a shipme It to a permitted hazardous waste management fact 1 i ty : or a ccnfir-uation of re:c1pt of eaterials from a r=ycler or a waste exchange epceation. Page 4 of 10 973 Applicability: (a.) All development, except as may be exempted by Dade County DERtt, pursuant to Section 24-35.1 of the Dade County Code. e. Prohibit generation of hazardous effluents, un1 ess adequate facilities, approved by Dade County DERM and Flarida D ar-trn art of Environmental Regulation, are constructed and used by tenants generating such effluents. Applicability: (a.) All development; =east as may be exempted by Dade County DErlid, pursuant to Section 24-35.1 of the Dade County Code and regulations of FOER. f. Dispose of hazardous sludgy materials generated by effluent pre—treatment in a [manna- approved by the Federal Envirormttal Protection Agency and the Florida Dq7artrasit of Environmental Raul ati on. Aprilicability: (a.) All development; except as may be eapted by Dade County DE J1 pursuant to Section 24-33.1 of the Dade County Code and regulation of FDER and EPA. g, ldoti fy any tenant generating wastes of the penal ti es for improper disposal of hazardous taste pursuant to F.S. 403.7E7. Applicability; a.) All developanent, except as may be emoted by Dade County DERR, pursuant to 5 tion Z4-35.1: of the Dade County Cade. h. Allow reasonable access to facilities for monitoring by Dade County DERJ Council staff; and the Florida Department of Environmental Regulation to assure compl lance with this Development Order and all applicable lass and regulations. Page E of 10 Applicability: (a.) A11 development, except as raay be exenpted by Dade County DERM, pursuant to Section 24-35.1 of the Dade County Code. { 6. Enact an ordinance requiring Net Now Developm n to r rove all invasive cotic plants; including Melal euca, Casuarina, and 8rasi1lan Pepper, from their Parcel of Land as the parcel is cl eared, and use only tease Plant species identified in Appendix 8-.4 of the CADA for landscaping. Additional speci es May be used only if written approval is provided by Council staff. Such approval will be based on the species under consideration meeting the following criteria: - does not require excessive irrigation - does notrequire excessive fertilizer application - is not prone to insect infestation or other pests - is eat prone to disease - does not have invasive root systems - such other criteria as may be appropriate. Applicability: (a.) Removal of invasive' specs es applicable to all development. (b.) Use of species listed in Appendix B-4 of the CADA applicable to all development, other than (c.). (C.) E;,ceptions for renovation of awisting structures or land improverietts; change of use or intensity of use of an isting structure or land improvement; nei structures or additions to existing structure; of 1 ms than 10,000 square feet; excavation; daucolttion; or deposit of fill. City manager to establish procedures whereby ttte Police Fire Department shall make reconmeidations to incorporate ' _, into the design and operation of Net New Development. . c ter- than (b.1. Pogo 6 of 10 t;. (b:1 .Exceptions for Police Department recornendatians for excavations or deposit of fill. 4. Collaborate with the Dade County School Hoard, by providing planning information and information on Net Nsv Development of residential units, to address concerns regarding the availability and access to schools for students fry future residential development within the project area. Applicability: (a.) All residential development. IQ. Encourage the incorporation .of ea a conservation sn easur into the design and operation of Net New Development by requiring that, at a mini, all Net New OeveloPrent'shall •be constructed in canfornance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). Applicability; (a.) All development; =ept as eicluded within the State Energy Code. 15. Withhold the issuance of building permits for Net New Development that cannot obtain a letter of availability from the appropriate agency that rtaste+ater treatneat capacity will be sufficisit to meet the needs of that deeelopa t. ' Applicability; (a.) All developmeit that moires an increase in gallonage of trastedater. 15. Withhold the issuance of building pelts for Net Nest Development that cannot obtain a lette4 of availability from the appropriate agency that an adequate water supply will be available to meet the needs of that d cv el opulent. Applicability: (a.) All development that requires an incr se in gallonage of water. Page 7 of le t! ei redevelopment means any ned construction that replaces, with an equal or 1 esser amount of square footage; an existing structure that had a valid certificate of occupancy an the effective date of the Increment I Development Order. 9. }iithin 6 months of the effective date of this Development Order, prepare and recommend to the Miami City Commission a Transportation Control Measure (TC14) Ordinance, which shall require Het Mew Development to do the folIowing: a. actively encourage and promote car and van pooling by establishing or participating in a car pool information program; and b. provide mass transit route and schedule information in convenient locations throughout the individual development., and c, encourage mass transit use by the provision of bus shelters; bus turnout lanes; or othe- aaeriiities to increase transit ridership. In addition; the TCM Ordinance shall include other appropriate transportation control measures to be s e1 ect ed fro but not be limited to the list e tf t1 ed Table 4.9 — Potential Transportation Control tiee ures (T44's) for Downtown Miami' on page 4-22(R) of the CADA. The TCI ordinance roast be approved by Council with input from the Florida Department of Community Affairs and the Florida Departraent of Transportation. Applicability: (a.) °a.° and °b.' above applicable to all development, other than (b.). °c4° above roust be applied with discretion to only those developments where spific transit amenities are needed and where the scope and cost of the construction would justify the expense of providing the sp=ific transit amenity. EAc epti arts for renovation of i sting structures or land improveaents; change of use or intensity of use of an existing structure or land imprnvenert; nog structures or additions to e isting structures of less than 10.000 square feet; excavation; deaolitian; or deposit of fill. (b.) page 9 of is .F. fc.) The TCG1 ordinance will be presanted to the. South Florida Regional Planning Council prior to adoption; and the applicability will be addressed at that time. Page I0 of 1,0 0 X w x Office 0.0005905 0egnl l/Sce-v lcc 0.000519 Hotel (per roan) 0.202 hetidentlal (par d.u_)' 0.1160661 Comma( fon 0.000114 Nholeselo/iglustrial 0.00011/4 tnatlwlcmal 0.00132 A' 'ctleru crea MO r seaat) more5f0 Urine Facilities 0.0005905 Tabla-1 LAUD US6 [(Conch 11t17F.3 Fon =mom DQI (Pm vposs awn 1004083, cancaspa ua othorg1:30 Wlcated) Office wall/ iioRel 1icw9dcra3lol 1 $4tV1aC Co aition 15aleaala/ Institutional Attraetigm/ 'brine ;par rnar) (Parr d.u.) Ira6aaserlA3 Recreation Facilities (per sent) o.i>3 ®.a�s1g Q.z� U:136055`9 0.1160563 0.000114 0.007112 1.000 .1.1632 0.0030 0.0034 5.2500 4.5304 0.11612 1.p00O 0.II26 0.0034 4.5526 3.9149 337.5004 309.2100 1.0000 1.4047 1,770.9290 1,626.6709 22/.3208 262.15509 0.6735 1.0000 1,193.4763 1,027.6156 0.1906 0.2197 0.0006 0.0003 1.0000 0.0310 0.2212 0.256B 0.0007 0.0010 1.1614 1.0000 2.2055 2.5434 0.0063 0.0097 11.5709 9.4640 0.1514 0.3932 153.0303 103.0730 0.0364 0.1003 1.0000 0.2901 0.2521 98.1154 66.0852 0.0534 0.0643 0,6R1a 10000 0.0672 331.5104 227.3284 0.1903 0.2212 2.2055 3.1399 3.9666/ 0.0102 0.0150 10.0596 15.5498 1.359E 1.0000 3.430 1.0000' 1.1532 0.0030 0.001.1 5.2500 .-._._. 9.8204 0.4539- 0.1901 a 1.0000 i f• formula for calculation 1t a 4nchsnDa rata A and y both reirreaettd tfo timber of Rua Fad flour Eatiarnai Hato Va11ic1e Trip Eras per unit of land ma derived Fran tho I3mrtatoa.=ra ltl>al ll.9.li. Diane H. Parker, Esquire Department of Community A22a_rs 2740 Centerview Drive Tallahassee, Florida 22299-2100 Sae' E. Maxwell, Esquire Assistant City Attorney. 100 AmeriFirst wilding qna southeast Third Avenue HIPMi, Florida 33131 Robert N. Sechen, Esquire 2400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 J'ack Ostarholt E: coutive Director South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hcllywood, Florida 32021 Patricia A. Woodworth Secretary, Florida Land and Water Adjudicatory Commission The Capitol Tall-ahassee, Florida 33399-0001 = ROM: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Xavier L. Suarez Mayor Cesar H. Odio City Manager fu' DATE: SU $JCT: REFERENCES: NCLOSURES: February 24, 1988 FILE: Downtown URI - Land Use Exchanges Per your request during the February 11, 1988, City Commission meeting, the Planning Department has prepared the attached table, which shows the factors_ by which one land use may be exchanged for another land use in the Downtown DRI. These factors, or "exchange rates',. are based upon the PM peak hour external motor 'vehi_cle 'trip 'generation rates used for each land use catagoryr in the"Downtown.DRIn The land use exchange rates would be applied as follows. If, for example, one or more developers were :Co apply for permits to build a total of 1100 hotel rooms within the Downtown DRI area (only 1000 hotel rooms are approved in the Development order) the deficit of 100 hotel rooms could be covered by using development credits from a different land use category within the Development Order. Using the land use exchange rates on the attached chart, 100 hotel rooms could be exchanged for: 33,751 sq. ft. office space; or 38,921 sq. ft. retail/service space; or 148 residential dwelling units; or 177,193 sq. ft. convention space; or 152,568 sq. ft. wholesale/industrial space; or 15,303 sq. ft. institutional space; or 9,812 seats in attractions/recreation facilities; or any equivalent combination of the above. Chapter 380.06(19)(b)18. Florida Statutes would allow the City to approve unlimited exchanges among the office, retail/service, hotel, and industrial/wholesale land use categories provided that the exchange rates described herein are used to assure that there would be no additional regional impacts resulting froth the exchange. The Statute is not so explicit concerning exchanges that may need to be made involving any of the other land use categories. Presumably, in such cases the City would need to make a formal finding that the proposed exchange would not constitute a substantial deviation; and the South Florida Regional Planning Council and the Department of Community Affairs would need to concur. In all cases involving land use exchanges, the City Commission would be required to authorize the exchange at a public hearing. Page 1 of 2 LAND USE EXCHANGE RATES FOR, DOH TT0J J DRg • One Office sq. ft. may be exchanged for One. Retail/Service s.f. may be exchanged for One Hotel room may be exchanged for One Residential d.u. may be exchanged for One Convention sq. ft. may be exchanged for One Wholesale/ Industrial sq. ft. may be exchanged for One Institutional sq. ft. may be exchanged for One Attraction/Recreation seat may be exchanged for 3.44. s.f.' u la- Convention Institutional 1.00 1.15 . 4.003--0.004 5.25 4.52 0.45 0.29 s.fa s.f. b rm. '. d.u. �s.f. s.f. s.f. seat 0.887 1.00,. :0.003 1,0.004 4.55 3.92 0.39 0.25 s.•5 of ' d.u. s.fa s.f. s.f. seat 337.51 4l: . 389.21 : 1.00'-=; ' 1.48 1771.93 s.f. d.u. 227.33 s.f. 0.19 0.22' s.f. s.f. .6 c+<<, 1.O 1193.48 d.u. s.f. F. . a •r . fit..._ �;�: - 0000i:',o.001 :.rrri. A d.u. 1525.68 153.03 98.12 s.f. s.f. seat 1027.62 103.07 66.09 s.f. s.f. seat 1.00 0.86 s.f. s.f. 0.09 's.f. 0.06 seat 0.22 0.26 0.001 0.001 1.16 1.00 0.10 0.06 s.f. s.f. rm . d.u. s.f. s.f. s.f. seat s.f. s.f. 2.21 2.54 0.01: :0.01 11.58 9.97 1.00 0.64 rma. 'd.ua s.f. s.f. s.f. seat 3.97 0.01.•;'0.02 s.f. .rmad.u. 18.06 15.55 1.56 1.00 s.f. s.f. s.f. seat 3-37_tlfl3 RE50LUT ION 547-1.1,48 12!.YD /E7 Master A RESOLU€TION CONCERNING HE DOWNTOWN JIIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI'UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OYERTONN/PARK NEST -AREA AS MORE PARTICULARLY DESCRIBED HEREIN. PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING A MASTER DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF TIME SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT 'TO THE CONDITIONS OF THE MASTER DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE MASTER DEVELOPMENT ORDER SHALL BE BINDING 0i THE APPLICANT ANO SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SENO COPIES OF THIS RESOLUTION AND MASTER DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL NE CITY'S OBLIGATIONS UNDER THE ?BASTE? DEVELOPMENT ORDER; AND PPOYIDING A SEYERABILITY CLAUSE. EXHIBIT 'A" 1JHEREAS, on Novemoer 25, 1908, the Downtown Development Authority of the City of Faiaari submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs. and the City of Miami pursuant to F,S. 384.05 (1587), for the ongoing development portion of the area within the DOA jurisdiction, Development Order attached hereto; and WHEREAS, the Miami Planning Advisory Board, at its Ming held on December 9, 19E7, following an advertised public hearing, adapted Resolution No. 74-87 by 6 to Z vote, recommending approval of the Master Development Order for Downtown Miami as attached hereto, and WHEREAS, an December 10, 1987, the City Commission conducted hearing pursua..a to F.S. 380005 (1907) and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of -the South Florida Regional Planning Council, and each element required to be considered by F.S. 380.05 (1987); and ATThc P:72. S 1 through the year 2007 of a as legally described in the a public CITY u'}EREAS, ti ty Commission determined that all re eesents of notice and Ogler legal requirements for the issuance of the prflposed Master Development Order had Seen complied with; and WHEREAS, the City Commission des i.t advisable and in the best interest of the general welfare of the City of Miami to issue a Master Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIOA: Section 1: The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Master Development Order for Downtown Miami, which is attached hereto as Exhibit 'A° and made a part hereof by reference, and is applicable to an area of the City of Miami under the jurisdiction of the Downtown Development Authority with the exception of the Southeast Overtown/Park West Redevelopment District, as more particularly described in Exhibit 'A'. Section 2: The Master Development Order for Oowntown Miami (Exhibit 'A') is hereby granted and issued. Section 2. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit "A' and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the test of the Master" Development Order to: The Florida Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Melly rood Boulevard, Suite 140, Hollywood, Florida, 23021; and the Dolrntawn Develop=v4nt Authority, Suite 100O, One Biscayne Toper, Miami, Florida 33132. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the Ctty's obligations under the tens of the Master Development Order. Section S. In the event that any portion or section of this Resolution or the Master Development Order for 0 o ntown Miami (Exhibit 'A°) is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Master Development Order for Downtown Miami (Exhibit °A"), which shall retrain in full farce and effect. 2 vJ tt 0 ji: �I�-:�-•-sue PASSED AND ADOPTED this ? Ot day of Decemmer , 1987. XAVtER L. SUAREZZ, MAYOR ATTEST: i .,MAT Y HIRAI, CITE CLERK 7 PREPARED AND APPROVED BY: /,19EL E. MAXWELL -ASSISTANT CITE ATTORNEY APPROVED O FORM AHO CORRECTNESS: CIA A. OCU6HER , CITr ATTORNEY 8 cJ� 1 9 —Exhibit 1 ' A , • • 11 FtJGLEA ST 1.71777-71T-41 • ' 1 I .....mh••• • , . - I .1▪ 1S=1. • = • \ OWNTOWN MIAMI D BOUNDARY MAP. i7s-r1 • run ca,P1-) 0 4 Email' 2 LZZGAL nESCA1f•>ION OF SUBJECT PROPERTY: aegin at the intersection of the centerlines of N.V. Stth Street ,and ,N.H. 3rd Avenue (east side of }i-S Expressway (I-95)1, ;aid point of beginning also being the N.V. coaxer of the district; thence run southerly along the center line of }LW. 3rd Avenue and the easterly side of the N-5 Expressway to the centerline of Best Fl ag1 er° Street; thence westerly along the centerline of said Hest Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of,said Miami River to a point of intersection with the easterly right-of-way (R/V) line of t4etrt Rapid Transit RAI (formerly Florida East Coast (FtC) Railroad R/1d) said RAI line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit R/d; thence run southerly and southwesterly along said easterly R/14 line of Metro Rapid Transit to the intersection with the centerline of S.V. 15th Road; thence southeasterly along the ceihterline of 1St}h Road to a point of intersection with the southerly prolongation tf the westerly line of COSTA BELLA DEVELOPMENT SUBDIVISION 0.07-141; thence northeasterly, northwesterly and northeasterly along said westerly line of COSTA SELLA to the intersection with the southerly right-of-way line of S.E. 14th Lane; thence southeasterly, northeasterly northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property line of Lot 31 Block Z of Amended Plat of POINT YIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade County, Florida; thence northeasterly along the northwesterly line 'of said Lot 31 to the northeasterly side of the existing ten foot alley in Block 2 of said POINT VIEW; thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of POINT VIE!; thence narthesteriy ales :aid line of Lots 4 and 5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerline of S.E. 14th Street to a paint of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Glare !stars island 19 -r1 EXHIET craC CFCv *orf0y{ C~Y 7.1 .1=T !"'T^.,s3PaTi : Begin aE the intarleetion of Via eanterl{nes of 14.V. SLR 5tr£nt and ti.V. 3rd Avenue kart sick of 11-5 Expr*assrray f r-951 l , said Po'eft of segtnnirg also baits the comp of the district: efiencv r'aa sauthariy along tie tartar iir of k[.a1. 3rd Avenue and r"ra adat3riy side of phi Ii-S Expruraa7 to the €ant01-11r r of Vast FlagTar Street; the r»a rastarly along t.qa catsterline of said Boat Flag ler StPeat to the caataelirse of the Fungi River; Vier tau asterl, a1oq the cantarlime of :Aid Mani ilivor to a pr%tat of iruPsact1e trite oastarlY rigiiteof tap fAI3i) li t of wP% Rtspid irastait FlJlt Ifomwly flor'it t Ent Lout (FM) R tilrozd Qili) a -id lt/ 1it Wiring fit easurly of a,4 parallel er1ttt ceirelim of said lotro Aapid Tronnit ilf i; the= min statherly ad s o rly ate said ear Ply tlfiT 11.1t of Pietro Rapid TPansit to %to is a a trito tite waterline of Sabo ISt Ro.ad; theta soothaaztarly alerg 11 mattzellin, @f nth goad to a poi an, of 1nt4Pse ti t7i1 3 s a1y pnlKati€e of W. tgrouply 11 Ft3 elsia vsau mrat2Rms7mosVISI (74I4); nortieaataPlya riot a5'nPly apA n' agt. lg alezj^,ai d t*-sts34.7 t$s of casTA RE= to ffi0 igtorp3 ioa t i 3 s ly riett-ofevlip of S.E. I4'1 Twf $ t Urifx fir•' 6.5:7all` ;Ay; eo?ZtnaUP1go 8 nortImnarly along said s 'PIy =1 ri f Ii S.E. I4t Lary bdi S.E. g4 io n 1 ,intanaotio idi 3tSb FOrtlitrezt4rly prop4m 1tr Wr ' 31 CI 2 of £ Plat s4Mgr via as room 1ti plod i t at Papa d Palk 2ects., of aaa Coulity0 T?lori&a; tile= mrileasterig aloag tto izirthrzsizfly 1iI %aid Lot 31 to tl'a nor talst ply side of anisaiq ton foot nllcq ita AID; E of said POIUTi VIM; 3Qt nozrtheastaely olo&:Q tilt hzeidlea.Mly stir of said tea foot allq i i it nac i a tritetir2 p lip hotn Les 4 and 9 of said B1 2 of MINI Va3; tea? t•:a asz•Ply Mono said Zia of •Lott 4 ad =1 Sti prologatieo "Tkp oan€nP11 fin 0 SoL I4V1 S1 eI » soartManteply alb "Laid oaa tpli -�2. Saga gQ S a p€r iv t1ittp e 1siiry holh ood ar4 Ogwiath=2 tli¢r rt mil; 'dia a raands710 itczptilerly a1oDg the anisting iaoI i ctd ad rAonlira of Elisoai1 Bay to a ptiFr o4 intersectita trit% tip smatherly a3t s=y of Claught Islas cxr DOWN:7'014/N EMAJUI ©d S®U';`nuY MAP 2-3 (ft C7�sO COMPOSITE EXHIBIT "B" J-91-751 9/17/91 RESOLUTION NO. 9 ' _ S 9 S A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION.. 87-1148 AND 1149, ADOPTED DECEMBER 10, 1987), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA); BY AMENDING THE MASTER DEVELOPMENT ORDER BY UPDATING THE NAME OF THE AGENT AND DEPARTMENT AND ChANGING THE INCREMENT I PROJECT DESCRIPTION; BY AMENDING THE INCREMENT I DEVELOPMENT ORDER BY UPDATING THE NAME OF THE AGENT AND DEPARTMENT, EXTENDING THE BUILD-OUT/TERMINATION DATE OF INCREMENT I FROM DECEMHER 31, 1992, TO DECEMBER 30, 1997; SIMILARLY EXTENDING THE DATE FOR PROTECTION AGAINST DOWNZONING; EXTENDING THE DATE FOR COMPLETING AIR QUALITY MONITORING FROM MARCH 15, 1991, TO MARCH 15, 1994, EXTENDING THE TIME TO CONTRACT FOR CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS FROM FOUR YEARS TO EIGHT YEARS FROM THE EFFECTIVE DATE Or THE DEVELOPMENT ORDER, AND SIMULTANEOUSLY INCREASING AND DECREASING THE QUANTITY OF DEVELOPMENT IN CERTAIN LAND USE CATEGORIES IN INCREMENT I; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES (SUPP. 1990), AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on December 10, 1987, the City Commission adopted Resolution No. 87-1148 approving a Master development order for the Downtown Miami Development of Regional Impact, and Resolution No. 87-1149 approving the Increment I development order for the Downtown Miami Development of Regional Impact; and WHEREAS, development in the downtown area has progressed at a slower rate than anticipated in the Increment I development order, thereby necessitating an extension of the project build- out/termination date and several related deadlines within the development orders; and WHEREAS, the land use categories for attractions/recreation facilities and hotels need to be increased to accommodate r,oposed new developments, while there is a surplus of unused development in the office land use category; and ATTACHMENTS CONTAINED CITY COMMslr.1OM KEETRiG OF SEP 26 1991 tit lr< wHEREA5, the Miami Planning Advisory Board, at its meeting held on July 17, 1991, following an advertised public hearing, adooted Resolution Ng. PAB 48-91 by a 8 to 0 vot,, approval of the proposed amendments to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1990), on August 12, 1991, the Downtown Development ,Authority submitted a Notification of a Proposed Change to a Previously Approved DRI, to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of .Community Affairs; and WHEREAS, on September 26, 1991, the Miami City Commission held a public hearing on the proposed amendments to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the Master and Increment I development orders for the Downtown Miami Development of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest of the general welfare of the City of Miami to amend the Master and Increment I development orders for the Downtown Miami Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The proposed amendments to the Master development order for the Downtown Miami Development of Regional Impact (Resolution No. 87-1148), which are attached hereto as Exhibit "A' and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development of regional impact review pursuant to Subsection 380.06(19), FloridaStatutes (Supp. 1990). These amendments are, f c, � 0 in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 2. The attached amendments tc the master development order for the Downtown Miami Development of Regional Impact (Exhibit "A") are hereby approved. Section 3. The proposed amendments to the increment 1 development order for the Downtown, Miami Development of Regional Impact (Resolution No. 8701149), which are attached hereto as Exhibit "13" and made a part hereof, do not constitute a substantial deviation and, therefore, do not require further development 'of regional impact review pursuant .to Subsection 380.06(19), Florida Statutes (Suop. 1990). These amendments are in conformity with the Miami Comprehensive Neighborho6d Plan 1989-2000. Section 4. The attached amendments to the Increment I development order for the Downtown Miami Development of Regional Impact (Exhibit -8") are hereby approved. PASSED AND ADOPTED this 26th day of September 1991. • ATT S MATT'Y HIRAI CITY CLERK PREPARED AND APPROVED BY: 1-(!j r7i E . M. XWELL. ASSISTANT C Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III ACT1NC CITY ATTORNEY JEif/dbJI,42480 XAVIER L. SUAREZ, MAYOR v ' 6 Master Development Order MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami HAmE OF DEVELOPER: Downtown Development Authority of the City of Miami Matthew Schwartz AUTHORIZED AGENT OF DEVELOPER: l r-i:enzi_, Executive Director, Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increment 1 Increment 11 Increment I11 Totals Office 6,919,550 14,219,550 (gross square feet) 7,'OC,320 3,600,000 3,700,000 1-4;-49;G-O Government Office (gross square feet) 300,000 250,00D 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel 1,500 3,100 (rooms) i ; 5t�8 500 I ,100 -648 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 wholesale/industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,flf10 600,000 Attractions/Recreation 6,500 II00 (seats) 3,400 1,600 5,000 }0 488 Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development' to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NCI 5th Street and 1-395 knovin as "Park West", as illustrated an the map in Exhibit I and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of 1-ark;•—including approximately 78 acres currently zoned and , veloped as City pans. • STATE OF FLC .lDA DEPARTMENT OF Cl1YY AFFAIRS DIVISION OF RESOURCE PLANNING G AMi3 MANAGEMENT BUREAU OF L JQ AND MATED 1:iANAG'e}4ENT 2571 E:.acurlro Canter Cirrlo, EMIT Ta11ahassaa, Florida 12301-a244 1904) 488—a925 3LC1;-65 Exhibit ? Page i Subsacrlan 380.06(161, Flarida Sfatutss. pl€acns 4110 rescenslbllity. on Ttao davoiapar of an aaaravec cavaiodaiont of regional Imoact (DRI) for suaaI11Ing an annual roc -art TM 1110 laaat CjavarrF*©nt, `rr'o Roglanol Planning Council The Dootarrmont of Community Affairs; Lino is all affected portzrit agencies. an tno Cato sCoelfIQd in ?no Clovelaeraont Oscar. Tha f'allaar'n of a aovolocar To summit ?no report on tho'Aato specified In tflo Q veiophont order may result In Thu Temoarary susBailsion of Too Cc:weir:lament 'armor ay The local govorf'r'1Qait anti T Tna annual report is s ucm i T I2C Tts rnQ rev i ezr agencies. This reou i rl:-�Nae�4 acre l i od to ail Ceveiaaiivants at ro gionai R impamT whion navo peen aanravGtc Since August E, 'gap. if ypu have any :7uestians spout rrIs resauired retort, cat1 The DR1 EnforemmefT Coordinator at, (924) 48S-4925. Ploose acne rno original c . iatec annual report ro the easigAaTes tonal oavernment official stated in Tne Covelaoraen^r aroer bite Cl) esay Ta coon of Toe fallaving:' a) The regional :tanning agency of juris8It'rtQn; D) All affecTea permi4ting Tlgencioss; c) Revision of Resource P t anti i no Ling management isaarosu of Land and Water Management 2571 E:.oeur I err Cantor C i r-c 1 e . East Tal itl:rasSon, Florida 12301 Phrase format your Annual Status Resent after tnda fcrmaT erxmoio argvidea asiov. ANNUAL STATUS REPORT Reporting Feriae: TO ktinTh/[lely/seazar h=n4R/flay/Tear 00'aQ iaDYs OMT: LQC4T i an: Ita71,0 aT dR "ry Deaveioner: Name: A6Cros6: ..=env name Street 40=ITicr 67 t:. 9 _ Lira 4•i 3 Bridge; the sterly along the said southerly R/l of'Claugn = Island ?ridge to the intersection with the westerly bulkhead line of Claugnton Island, said bulkhead line acing part of the Metropolitan Dade ,County Bulkhead Line as recorded in Plat Sock 77 at Page la a1 the Public Retards; thence southerly, easterly, northerly and. westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and tJesterly direction along the shoreline of Biscayne way and the Miami River'to the intersection with the easterly R/W line of Brickeii Avenue Bridge (5.2. 2nd Avenue); thence mo-th along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said bulk line also being the southerly boundary of the Dupont Plata Center and Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly Along said easterly property line of Chopin. Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line - of Bayfrant Part; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfrant Para and the Bayfront Park miaaarina; thence continuing northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of N.C. l7th Street extended easterly; thence westerly along the centerline of R.C. 17th Street and its extension thereof to the easterly RAI line of the FEC Railroad; thence southerly along the easterly R/6I line of the FEC Railroad to the limited access right -of -day of I-395; thence southeasterly and easterly along the limited acids right -of -gray of I-395 to t9ze centerline of Biscayne Boulevard, thence southerly along the centerline of Biscayne Boulevard to the centerline of U.E. 5 tit Street, thence westerly along the centerline and H.E. and R.V. 5t.h Street to the point of beginning. The above described area contains apgreximately a39 acres. za S 9 - 3 0p PI CP." EL?thTL 3 Page ? aL+ 4 O7-a5 Rego Two 1) Doscrlbe any changes made In T?O brabosad :len of develocmenT, pneaing, or In Tne rebraeonTaTlona COconTslmod In Tnc Abbl)caTton for Duveta:mon? Appravel sineo ?no DovfllaersanT of Regional ImpacT received awn -oval. Please DCTO afly acTIons rsubsTanTlal deTer:ninaTians) Tenon by local tgoverT3manT To pot:rasa Thew mange`.!. Nona: It a msnonso Is To be more Trion one sonTOnca. aTTeCh as Ethiblr 'A' a caTmllod deseribTlon of coon eaango ono coolos of The modIlled $ITe plan drawings. a=hib1T 'A' should also /address Tna following eddlTional items l.f eoblicsola. a) 'Describe Cgnnees In Tna p1an'of dovolc2onT or prier1ng . taP Trio reborTing your and for Thci suezeduonT years; a) SfeTo any hnown Incraifte el URI ar al lCaTI8fs tor dQvoIoomenT =royal or reouosT'S tor a aubsTanTlal aaviaTlon beTermina,TIon TnaT were flied in Teo reaar•Ting Year and TO DO 'Hind o;rri ng Tflo n0_T year; C) ATTaon 8 Cw7v of env rtoTICII of Tne edoCTIors af• a devo te:menr arbor Or Tne SubseoucnT mob i f l caT tan of an abooTab dovcle=arrT order Tn31T was recarsed by The develoaor prdrauattr To Su:bo rlon 380.05Cl4)(d), F.S. 2) Has Tnerm boon a Cnangle in local covo raaonT jurIsdicTlon for any dorTlon of Tn8 Cev4lozmenT sine= T%O beTeloomarT oracr uas iaaeod? If $3. hea 4n0 enne3ziflg tOCZI gV.MrTNnrITT adoOTCO B. new DQvale=manT of Rusional lainecT dovolopmenT Order tor Tno projvcT? Please bravido a c=by Of The order adoeTAd by The annezing local govo nmonT. 3) Provide caoiou of an' rev'ssmo >°+asror Alan incremanTal silo !dens. €3TC.. i'toY previarasly su z3i rrod. M TO; 11 D res3flsa iS To be more Tnon ono or Teo zonTslncoa, aTTeon as EohibIT 'B'. 4) Pft ids a SWmmcry C= aeria= of d0voloomonT ecTlvisy protsosod end acTUal ly canaucTed for Tea razor -Ting poor. E=eatie: Number of dcrotlina untTs consTt^uoTati. S1Te imorrsvc-^ manTS, loT$ Sod, acres miTQ3, gross floor area csnsTruc ed, berro 1 S of aTorage3 csoec i Ty C i eTed„ gomi l S 1a t nod , OTC. T78Te: ) t 6 resdenso is TO be iory TRan one aonT3inoe, aTTmoa as £ hibiT 'C'. 5) '•+Ovp env %3ndava tOead TraCTS of i ano In Tnc I o_:ncn1 _—i•;,Tner Tenn individual 5inatQ4*E"^i lv low boon Salo TO=a id:arsre egTiTy or a&var_bar? €f SC, ita!tTify Tr4t?, iTS Si.t3, .na Tna C:ivar. 7,IQa53 provide mods onion snow The-Tr`r7s invoi a_. 9-1 t_ 9-1° sjq r4z- r.R ii',i•!:' : i 1--.1,-.-- -' .-.. — •,.......-..,, . up__:, i ii 1 1111,1 ----'-' ' - 1 ------•-•=------- '- -H11111 , 1 1-=-..-.::.-_-_-__:- i 1 n":"C!,.)) - S\r----7-' 1 ," I .F-z--"11 riTITIV.17110M) li F i \ , ( r''..1 Ili vAriaL-= _ , .. , T Vi.ZI\TELL-7-11TOTrcP,Pargill g 1 ,R\\\ H irlm„,r-7-17-4 L___ j g Wr. Ir 0 1= COM P 1E1= Li v—,41. EMI IF-7= L JET=3_,JE (,' 10 =DD iflf I L 1rrr =lb% =R-Tra E2001--t= M1r"-17-1=IM Z.,""tc:31.C.31 ta;:t=a4c;lc.11 7.= t=514 ?it M tc=74.31cocal lc= 4. S. Pwalloa tn9:1=alcg1cai 1cm 4. P.—A., 4:4.= 4.mtmievftal 11=4 7. 41,7=11 1.P.tic;ic.11 LCA3 4. 019=1211 P4Ft tacmtwc7sr.al lt=4 9. PP,..,et,..14m Ctz=%-z apc=macqlcal 7.4== It. r•ca 44v=icc1cal Lf=c. LI. t7.4t, S4= tm=a14;1=1 I=a C7 C;$ A.= MAP 0-3 ARCHEOLOGICAL ZONES OWNTOWN ASTERPLAN'E, DEVE.1-OFMENT OF REGIONAL IMPACT L 89- D73 Exhibit Page Z ELW -fly-85 Pngn.Tvo I) Ca€Cribo any ohengoz mods in Trio arosozod bins ct zavoloamenT, phasing. or In The rebresonTaTlens c7nT3InoCi In Tele A00h1OaTion for i)avolo *1anT Aborovel since The QovelmmonT Of Regional iatoact received aodroval. Pi©osla iiie any potions {setizten1lai caTOrmina9Tlons) Talton by local gravorn font TO odorous Thies° chani3Q'd. HoTt: If fl reaoonse is To be more ?Ran one sofrTer1e33, 3TTton as Exhibit? 'A' a aurallod chat,torton ci oats cnangle ants ,mooios of Tna Radified siYo plan crmuings. E:hiblT 'A' snoiald also address The following uteltioasal I1eai If aoglic.arala. a) -Describe changes in Tom plan- o4 dovol op3 RT or phasing _ 4or Taco resorting year aiti for Tna sub:ed:lent yoor's; b } StaTe any known incremental t}R 1 not t i o4T i ene for development nozrcve I or rocuosTs for a zuz3TafTl a I • oeviaTion deT3rmineTtC1n tn.eT bare fi.i>id in Tbe reporting your end To co filed curing Tna noxr year; c) ATracn a co®y of any neTlca of ?no flgo:rion of-m 3evoloemen:' ereor or Tno subsetuent modif isiilcn of en soovrec oavaloomein? order MAT was rocoreod by Tna tlevoicbar cur -Swirl? Tc 3udseCTian 3e0.45(14,1(0. F.S. 21 HAS Them boon a cninge in loos, govorfif3nt jurisdiction for TOY PorrlCan of Tree cavelootnvni Sines Tno development mrsor was issued? If so. has Tno anno: ing local COVDrTliiianT DozoTac n now dovolo Qn? et regional lmonot cavolooraant order for Tna arvjver? Please Provide a cozy of Trio areor ©GioZTed 9y Trto ennaminn local cover +Ion-,. 3) Provide GOotos of any revi:,oa AEBTor ;tens, incrcuientai silo plon3, ate., nbrr previously suOmiTi3e. MOTO: If a response is To ao more Triers ono or Two :sanzaricos . ottoon as Exhibit 'a'. 4) Prrvida a summary coraoarison of dovr3iee>aanT aotIviTy arsocsos an® arum ly conducted for ?me roaorrtng year. £ oIe: Niz38er of eeol I tng units conTrrocTod, stTct imorov©.- I nTS, ICrIS sole, ocras mined, gross floor orom consTridri'oe. parrots of stomp citb[SC:ir c altlRmd, pormiTS 6izr trimd. pie. N@T3: If a rOSornap is To be ,from 11.1011 One son?eneft. a TBtri es ,.;hioi? IC'. 5) 1ove ©nv uneovoloboe 'rrsscts of lone In ?no eevolopmer+T (other Tenn inorvidual IeTSI been sOte TO separate ontiTy or covet:Par? If sc, i :anTifv True, iTS si a. r7A®LTflp =Liver. glossa :rrvida me:s nnicn shot, ?Ma •invcftt+b, " GB Exhibit 5 Page 3 • 8L1 -07-85 Page Three Nose: it a rastonsa Is To be more T'hn One sonTenCe. aTTacn as F=.hlbl1 '0'. 3) describe any lands ourcnased or co1lcnod o Jacafl1 TO The original Develosman1 of Regional icoacT simo suasaacuon- To 1 sss uan=1 of Ttra dove loosens truer. i dens i fy ski= 4 and. ITS s i ar° , and Inszlncod use on a slip plan and map. Hc'ro: If a rasconsa is To bo morn ?flan one sonTance, assmon as E hI51s 'E'I 7) List any sudssaa?lal local, sTase, and federal pormf?s anion have poen oaTeinod, aoallad for, or denied. curing rn(ss repor-leg period. Szeoify Tea agency, Type o'i per fiT, ano o:rr1' for Goon. "14Ya: if a response is To oa mro Fien one sanTanoa . artatm= as 83 Azze A Tfla daye lopmenri s and lace i governnonT: s' ConsInuing ccoo I1anda aiTfl any conditions 01 =royal oonTzinao in i na DR' e Ia:an rrr orscr. Mmve: Amnon as E:.tlibi? 'G`. tSee arTacneo form/ 9) Provide any IntvrnaTion ?mai' is szecifica(ty rtid,sairaa ay TnE7 Ocao lab enT Oraor TO be i nc I udad In Yna annual razors. 103 PrOv ii da a rests car. !tying The? a l i persona have been sons cooios of rno annual moors' in confornanca vi7fl Supsocsicna 3EO.06(163 and (15), F.S. Person zotxd i nT I ng The •ouo:,T i onna i rn: TITia: AOre$OnFing: 69 ♦ ;' Li yi`q Ya6s -• u cDmpoSI7E ExHIBET "B" j-e7 -11.os RESOLUTION NO. 5.37-1149 A RESOLUTION CONCERNING THE L'OWNT0 U MIAMI DEVELOPMENT OF REGIONAL IMPACT, _4C0MPASSING AN AREA OF THE CITY OF mIAml UNDER THE JURISDICTION OF THE MIAM1 O0W}ITOwN DEVELOPMENT AUTHOR/7/ WITH THE EXCEPTION OF THE SOUTHEAST OYERTOVN/PARK 'BEST AREA AS'MORE PARTICULARLY DESCRIBED HEREIN. PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROP05ED BY THE /AMI DOUNTONN DEVELOPMENT AUTHORITY; AUNORIZING AN .I)iCRZ1ENF I' DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLARfDNG COUNCIL ANO THE CITY OF HIAHI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT t DEYELOPmENT ORDER ATTACHED HERETO AS EXHIBIT "A', THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL _ INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AHD CONCLUSIONS OF LAN: PROVIDING THAT THE INCREMENT I DEVELOPMENT ORDER SHALL 9E BIINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION AND THE INCREMENT I DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT I DEVELOPMENT ORDER; AND PR0YIDING A SEVERABILITY CLAUSE. 12/ 0/87 increment 1 uNE}TEAS , on Noveamer 25, 1986, the Downtown Development Authority of the City of m1ami submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami pursuant to F.S. .380.06 (1987), for the ongoing development through the year 2007 of a portion of the area within the ODA jurisdiction, as legally described in the Development Order attached hereto; and wHEREAs, the Miami Planning Advisory Board, at its noting held on December 9, 1987, following an advertised public hearing, adapted Resolution No. 75-87 by 6 to' 2 vote, �.-mending .approval of th Increment I Development Order for Downtown Miami as attached herretb; and WHEREAS, on December 10, 1987, the City Commission conducted a public hearing pursuant to F.S. 080,06 (1987); and k1HERELS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional rTACHMENTS ENCLOSED CITY cOgNILSSION MIMING O.F DEC IO 1987r Rt wnca AG. 17-1 1 4 0 7 cq 0 cte— v4c Planning Council, and each element recuired to be considered by F.S. 3S0.06: (19671; and WHEREAS, the City Commission. aetermihee that all r-quireraents or notice ano other legal requirements for the issuance of the proposed Increment I Development Order had been complied with; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Increment I Development Order as hereinafter set forth;. NOW, THEREFORE, SE IT RESOLVED BY THE CDF ISSION OF THE CITY OF MIMI, FLORIDA: Section 1. The Findisags of Fact and Conclusions of Lab are made with respect to the Project as described in the, increment I Development Order for DoaritDttn Miami, which is attached hereto as Exhibit "A" and made a part hereof by reference, and is applicable to An area encompassing that area within the City of Miami under the jurisdiction of the Downtown Development Authority, with the exception of the Southeast Ove!town/Par'a hest Redevelopment District, as more particularly described in Exhibit "A°. Section 2. The Increment i development Order for Downtown Miami, (Exhibit ";,'), is hereby granted and issued. Section 3. The City Clerk is hereby authorized and directed to immediately send certified copies of this Resolution together with Exhibit 'A* and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Increment I Development Order to: The Florida Department of Commmnity Affairs, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; The South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140; Hollywood, Florida, 13021; and the Downtown Development Authority, Suite I.$00, One Biscayne Tower, Miami, Florida 33132. Section 4. The City Hanager is hereby directed to take all actsohs necessary to fulfill the City's obligations under the terms of the increment Development Order for Downtown Miami (Exhibit "s,a1. `�. • (iF e) es 2 Section 5. In the event that any portion or section of this Resolution or the (ncrenent i Development Order for Downtown Miami (Exhibit 'A°) is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in ne manner affect the remaining portions or this Resolution or the Increment I Development Orden for Downtown Miami (Exhibit °A"), which shall remain in full for and effect. PASSED AND AMP T'ZD this I ash day of D,ocember ATTEST: f‘fiATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: /20EL E. mAxWELL '. Aj°SISTANT CITY ATTORNEY APPROVED AS OJORM AND CORRECTNESS: i Ca_ LUCIA A. DDUGHE i ,CITY ATTORNEY 3 XAVIER L. SUAREZ, MAYOR ; 1987. 5 I a -1?!14 raj • T ncrert 1 EXHIBIT °A° INCREMENT 1 DEVELOPMENT ORDER -NAME OF DEVELOPMENT: 0owntewn Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHOR/ZED AGENT OF DEVELOPER: Roy F. Kenzie; Executive Director; Downtown Development Authority and Sergio Rodriguez, Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2007, including the following land uses and increments: Land Uses Increscent I Increment II Increment I I I Totals Office (grass square feetl Goverment Office (gross square feet) Retail/Service (gross square feet] Hotel (rooms) Residential (dwelling units) Convention (gross square feet) wholesale/Industrial (gross square feet) Institutional {gross square feet) Attractions/Recreation (seats) 7,100,000 3,500,000 3,700,000 14,400,000 300,000 2E0,000 200,000 750,000 1,050.000 400,000 500,000 1,550,000 1,000 S00 1,100 2,600 3,550 2,550 2,920 9,020 500,000 0 0 500,000 1.050,000 0 1,050,000 2.100,000' 300,000 0 300,000 600,000 3,400 1,600 5,000 10,000 Pursuant to F.S. 3E10.05(221 (1987), the Project specifies the tonal amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property wri'Din the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Part west', as illustrated on the map in Exhibit 1 and described in Exhibit 2 atta`hed hereto_ The Prefect Area contains a total of approximately 839 acres of land, including apprnsimateiy 78 acres currently zoned and developed as City parts. 1 LEGAL ZESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For -the purposes of this Development Order, the fallowing terms snail be defined as follows: ADA or Application for Development Approval: The original Application far Development Approval for Do ntown Miami filed by the DDA on November 25, 198s, pursuant to P.S. 380,05 {1987). CADA or Consolidated Application far Development Aoaraval: The revised ADA prepared pursuant to paragraph 1E on page 13 herein. Certificate of Occupancy: A permanent or temporary andfor partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Cade, for any 'Net New Development' as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. CDA or Dov!ntown Development Authority: The Downtown Development Authority of the City of Miami, Florida. OERM: The metropolitan Dade County Department of Environmental Resources Management. ORI: Development of Regional Impact. Development Credits: The individual units of land uses Allowable Development, ds measured by square footage units, hotel rooms, or seats. included within Total or number of dwelling FD_R: The Florida Department of Environmental Reg.lation. Major use Special Permit: A special pewit issued by the City Commission pursuant to Ordinance 950O, the Zoning Ordinance of the City of Miami, as amended. 8 9 _� stet HAS+ Development: Any construction or reconstruction which will result in a net, increase, within any °Parcel of Land", of residential d?xeiling units, no tie] roams, 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 esi sting on the effective date of this Development larder for the land uses to be demolished. If a change tf 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 an the effective date of this Development Order a valid building permit ar any currently effective development order shall not be included as Net New Development. The Planning.Oirector 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. Parcel of land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used ar developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION' an Page 1 herein. Project Area: The area included within the legal description in Exhibit 2 Total Allowable Development: The quantity of Net Nei 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 E.S. 380.O8i191 (1987), and which shall be measured by the following land uses: Office 7,100,000 gross square feet Government Dilice 300,000 gross square feet 3 etail/Service 1,450,CG0 gross square feet Hotel , 1,040 room;. Residential - 3,SSO dwelling units Convention 504,000 grass square feet wholesale/Industrial 1,050,00D gross Square feet Institutional 300,000 gross square feet Attractions/Recreation 3,400 seats 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 changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved; as measured by total peak hour vehicle trips. FINDINGS OF FACT: The fallowing findings of fact are hereby confirmed and adapted with respect to the Project: A. The findings and determinations of fact set forth in the recitals of the resolution to this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit Z. The DOA filed the. ADA with the City. the COuncil, and the Florida Department of Community Affairs. 0. The CADA has been filed by the ODA pursuant to F.S. 380.05I22) (1987) authorizing a downtown development authority to apply far dev0'iopment approval and receive a development. order for any or all of the area within its jurisdiction. Individual developments are not identified or required to be identified in the CADA. E. The purpose of the CADA is to identify and assess probable regional Impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Develajt ent Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the Dill review process primarily an the. impacts that Total Allowable Developa4nt within e� 4 the area will have an land, water. transcartation, environmental: .cam arty services, energy and airier resources and systems of regional significance. The CADA seeks a single OM review process for overa i 1 phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the Project Area is expected_ to continue to be acca:plished over an extended period of time by a variety of developers. which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA 1s intended to serve as a flexible guide to planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(211(bl (19871, the CADA seeks master development approval for three increments of development over a period of apprnsiteately twenty years and specific development approval for Increment I, which is the firs% phase of development projected for a period of approximately five years. Subsequent increm- gal applications may need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parts. The CADA proposes Het Hew Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1947). 1. A comprehensive review of the probable impacts that will be generated by increment i of the Project has been conducted by various City dellartments,.es reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order is =insistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional. Impact Assessment -for Downtown Miami - Increment I', deteC October 5, 1987. The South Florida Regional Planning Council recommends - qi 973 5 K. approval of ,approval is Increment t Increment 1 of the Project, and all conditions to which such subject are reflected herein. of the Project is consistent Frith the applicable portion of the State land development plan and the Regional Plan for .South Florida. L. Increment 1 of the Project is in conformity with the adopted Miami Cocprenensive Neighborhood Plan. M. Increment I of the Project is in accord with the district zoning classifications of Zoning Ordinance 9500; as amended. N. increment I of the Project will have a favorable impact on the economy of the City. P. Increment I of the Project will efficiently use public transportation facilities. Q. Increment 1 of the Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. Increment I of the Project will .efficiently use necessary public facilities. S. increment I of the Project will include adequate miti-gative measures to assure that it will not adversely effect the environment and natural resources of the City. T. Increment I of the Project will not adversely affect living Conditions in the City. u. Increment I of the Project Trill not adversely affect public safety. Y. There is a public need for Increment I of the Project. CONCLUSIONS OF LAW: That, having made the findings of fact contained above, the City Commission hereby concludes as a Batter of tam the folloling: A, The ODA constitutes a °donntaan development asathosity°_as defined in F.S. 10 (1987), and is authorized by F.S. 380 (11387t to mate application for development approval and receive a development.arder. Q. Increment I of the Project complies with the Miami Comprehensive Neighborhood P1an, is consistent with the orderly development and goals of the City of Miami, and complies with local land development re ula ohs. _ 6 .r� C. Increment I of the .Project. toes not unreasonably interfere with the achievement of the objectives of the adopted State land development plan applicable.to the City of Miami and the Regional Plan for South Florida. O. Increment I of the project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 330 (1987). E. Changes in Lncrement I of the Project which do not exceed the Total Allowable Development or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parts, shall not constitute a substantial deviation under F.S. 380 (19a71. ACT I OK TAM : That, having made the findings of fact and reached the conclusions of lab set forth above, it.is ordered that Increment I of the Project 1s hereDy approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY KAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE OEVELOPMENT, PURSUANT TO THE TERMS Akio CONDITIONS OF TH2S DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: Require all development pursuant to this Development Order to be in actortance with applicable building codes, land development regulations, ordinances and other lags. 2. For the purpose of base -line data collection, conduct air quality monitoring for carbon monoxide (CO) concentrations based on the following requirements: a. CO rtitcrtng data shall be provided for each of the three (3) sub -areas as described in the CADA: Bricbell, the Central Business District and Omni. b. The monitoring shall consist of four (4) bees of data collection during the reinter montns, November 15th through March bath, far ..,earn sub -area. 7 0 7g7 O ,c. The monitoring for each sub -are: shall be completed prior to the issuance of any certificate of occupancy eithin that sub -area far the first development under this Development Order which meets 100 percent of the presumptive ttsresnold for Developments of Regional Impact pursuant to Rule 27F, F.A.C., within that suns -area; or prior to March 15; 1991, whichever ones first. d. .The monitor will be located at the presumed worst case intersection for the Bricke]l and emni subareas. The location eili' be selected jointly by the City, Florida Department of Environmental Regulation IFDERI; Dade County Environmental Resources Management (DERN), and Council staff. It has been agreed by these agencies that the existing monitor located in the Central Business District will be acceptable far that sub -area. e. Perform the monitoring required by 2a. and 2b. above as prescribed by the policies and regulations governing DERN and submit final air quality monitoring reports to FDErR, DERN, and the Council staff within 50 days of the completion of the monitoring. 2. Conduct air quality modeling of carbon monoxide impacts to determine what, if any, changes are needed in air quality monitoring, including the need to continue monitoring. The modeling shall be completed within one year after the base -line data monitoring has been completed pursuant to paragraph 2 above and the intersections have been selected -pursuant to 3a. below. The air quality modeling shall follow FDER guidelines and shall: b. Be limited to no more than ten (141 intersections to be selected f rtm among the intersections p ro i acted in the CADA to operate at level of service C or F. The intersections shall be selected jointly by FDE'tr, GERM, the Council staff, and the City. Be submitted in a detailed and comprehensive air quality analysis to FDER and DCR i for comment and revie>7, and to the Council staff and the City for review and approval. a C. Include proposed changes to air quality monitoring as ,justified by the air quality modeling analysis. », if the results of the air quality modeling study, as described in paragraph 3 above, are more than 85 percent but less than 100 percent of the State standards for CO concentrations, implement an air quality monitoring and abatement program following approval of the report pursuant to 3b,above. The monitoring and abatement program, including a time frame far implementation, must be approved by the Council staff and the City subsequent to review and comment by FDER and OEl?1#. The program may include, but is not limited to, the fallowing techniques: a. Transportation Control Measures ITCH). b. Physical planning measures (e.g. signalivation, parking area locations, addition of turn lanes, etc.). c. The continuance of :monitoring for specified scab -areas. S. If the results of the air quality modeling study, as described in Condition 3 above, exceed State standards far CO concentrations, do one of the following; a. Provide acceptable documentation which clearly indicates that CO ezceedences will not occur, or that the Het New Development seeking approval will not contribute tam the predicted Ca violation, ar • heat any potential CD additions for each Net New Development have been or will be mitigated (according to Council staff and the City subsequent to review and comment by FDER and DE&R) prior to issuance of building permits far the particular Net Neu Development. Suc documentation may include a modeling study which incorporates measures such as those contained in Condition 4a., b., and c., above. This documentation must be approved by the Council staff and t.;e City subsequent to review and comment by 'DER and DER . 89- co17 9 b. withhold t.he issuance of any building permits for liet riew. Development within the sub -area that shows CO exceedesces. 8. Based upon the transportation impacts generated by Total Allowable Development for Increment I, pay or contract to pay S7;543,419 (fair share in 1987 dollars), to be expended on any or all of the following transportation improvements: a. SW Zrd Avenue bridge and approaches or the Sri ebel l Avenue bridge -and approaches, b. intersection improvements to the entrance and exit ramps to I-395 at HE 1st Avenue and ME Znd Avenue; c, other transportation improvements if mutually agreed upon by the City and Council staff; subsequent to review and comment by Dade County and the Florida Department of Transportation. The City shall pay or contract to pay the fair share within 60 days following notice that the subject improvement has been let to contract for construction. In the event the City contracts to pay the fair share, sucn contract shall in no way affect the construction schedule of the subject transportation improvement. If the improvements above have not been let to contract for construction before the earlier date of a. or b. specified below: a. four years after the effective data of the Development Order, or b. the date of issuance of Certificates of Occupancy for more than 80 percent of the Total Allowable Development; then Council staff; the City; Dade County; and the Florida Department of Transportation (FDOT) will jointly decide the reallocation of S7,543,415 [fair share in 1987 csllarsi within 50 days of the earlier date of either a. or b. specified above. 7 Withhold the issuance of building permits for Net New Development if the City has been determined to be in noncompliance with paragraph 6.above. a Mate efforts to wort closely with applicable governmental agencies to ensure that the 11etramover Stage II herein be completed as identified in the Currant Metropolitan Planning Organization's Transaortatian 10 00 od- tro Inspravement Program (TIN published in June, 1987. In the event that by Decerner 21. 1992, the )-iatroniover Stage II improvements are not substantially under canstruction, as determined by Council staff, than this situation will be considered a substantial deviation f rm the mitigative efforts anticipated to offset the adverse impacts of Total Allowable Development. In this event, the Applicant shall be required to undergo additional Development of Regional Impact review for transports tan Impacts pursuant to F.S. 380.08(12)(a1(g) any! (h), (1985). Such additional Development of Regional Impact review, if required, shall be initiated by March 31; 1993. Net Neu Developments which have obtained building permits prior to December 31. 199Z shall not be affected by any subsequent review: Within 8 months of the effective date of this Development Order; prepare and recommend to the Miami City Commission a Transportation Control Measure (TCI4) Ordinance; which shall require Net New Development to do the following: a. actively encourage and praeote car and van pooling by establishing or. participating in a car pool information program; and b. provide mass transit route and schedule information in convenient locations threughaut the individual development; and c. encourage mess transit use by the provision of bus shelters; bus turnout lanes; or other amenities to increase transit ridership. In addition, the TCF1 Ordinance shall include outer appropriate transportation control measures to -be selected from but not be limited to the list entitled 'Table 4.9 - Potential Transportation Control Measures (T 4's) for Downtown Miammi° on page 4.22(R) of the CA;mA. The TCM ordinance Bust be approved by Council with input fron the Florida Department of Ca. anity Affairs and the Florida Department -of Transportation. D. In the event that a Transportation Control Measures (ECM) Ordinance substantially in accord with paragraph 9 above is not adopted by the Miami Clty Commission within 13 months of the effective date of this ,Development Order, determine that this situation constitutes a substantial deviation from the mitigative efforts anticipated to offset the adverse impacts of Total Allowaole Development. In this event, the Applicant shall be required to undergo additional ,Development of Regional Impact review pursuant to F.S. 330.06(19)(a)1g) and ih) (1986). Such additional Development of Regional Impact review, if required, shall be initiated by the Applicant within 90 days of the identification of 1tS need. 11. Have the authority to assess development far its proportionate share of the costa of improvements and/or services necessary to ':monitor and/or mitigate any adverse impacts. The City shall also have authority to asses& development 1t5 proportionate share of the costs attributable to preparation of the master plan, the Application far Development Approval, and this Development Order, as well as tl#p future costs of reviewing- individual development applications, monitoring compliance ,with this Development Order, and any other casts reasonably related to the administration and implementation of this Development Order. ©IP necessary, the City shall establish a Procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the in;vacts of Total Allowable Development.' 12. Establish December 31, 1992 as the date until which the City agrees that the grantees of building permits ar Major Use Special Permits for new development, under the Downtown Miami -- increment I Development of Regional Impact shall not be subject to down -toning, unitdensity reduction, or intensity reduction to the extent of the amount of development included within the building permit ar E4a4ar Use Special Permit, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the development order have occbrred, ar that the development order was based on substantially A, 1� 12 Applicant, or that ;.ne mange is clearly essential to the public health; ,safety or welfare. »o1ITilRil1G, REPOOT11 , AND ENFORCE: 13, The City shall monitor the Capacity of Total Allowable Development by _ reserving the amount of Development Credits necessary far Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major Use Special permit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assrsre that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net New Development in relationship to the timo necessary to begin Construction. 14. Upon the issuance of a Certificate of Occupancy for any Net New Development, the City shall make appropriate subtractions freh the amount of Total Allowable Development under this Development Order. No Certificates of Occupancy shell be issued for Net Net Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. IS. The City shall in•:.egrate all original and supplemental ADA information into a Consolidated Application .for Development Approval (CAOA1 and sutait trio copies of the CADA to the Council; one copy to the City Clerk, and one copy to the north a Department of Community Affairs within thirty CO)3days of the effective date of this Development Order. The CADA shall be prepared as follows: a. There new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. 13 b. Revised pages will have a "Page Number (R) - Date" notation, with 'Page fucraer' being the number of the original page, °(R)" indicating that the page was revised, and "Date' stating the data of the revision. 16. The Consolidated Application for Development Approval is incorporated herein by reference and will be relied upon by the parties in discharging their statutory duties under F.S. 380 (1987); and local ordinances. Substantial compliance mith the factual representations contained in the Consolidated Application.for Development Approval is a condition for approval sonless waived or modified by agreement among the Council, City, and Applicant, its successors; and/or assigns. 17. All terms, proposals, suggestions and procedures proposed in the Application far Development Approval, but not specifically incorporated in this Development Order, shall not be considered a part of the Consolidated Application far Development Approval insofar as they may have been deemed to place a requirement on the City of Maori to tate any action or abstain from taking any action. The tams of this Development Order shall control and any requirements of the City are specifically enumerated herein, 18. The City shall prepare an annual report and submit copies to the Council, the City Clem and Florida Department of Community Affairs on or before each anniversary date of this Development Order. The annual report for Domntown Miami - Increment I must also be incorporated -into the annual report required in the Downtosn Miami Raster Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a taini ,: a. A cr 1 eta response to each question in Exhibit 3. • b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or 1n the phasing for the reporting year and for the neat year. c. A summary comparison of Total Allarable Development and Net New Development proposed and actually approved during „the year, to including locations, acreage; square footage; number of units; and other units of land uses ' included within Total Allowable Development, and the acreage zoned and developed as City parts. d. An assessment of the Applicant's and the City'S compliance with the conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and .which have been identified by the City, .the Council, or the Department of Community Affairs as being significant. e. Specification of any amended DRI applications for development approval ar requests for a substantial deviation determination that are filed in the reporting year or to be filed during the next year. f. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. g. A statement that all persons have been sent copies of the annual report in conformance with F.S. 3a0.OG (18) (1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the - Applicant pursuant to F.S. 360.05(15) (1987). t. Any other information required by the Department .of 'Community Affairs (OCA) in accordance with F.S. 380.06 (18)(1987). 19. The City shall enforce the requirements of the Dade County Shoreline Development Review Ordinance (85.14) for all subsequent deve-opments within the Shoreline Development boundary. 20. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 31. 1992, provided that the Applicant, ar its successors and assigns, complies with paragraph 25 IS herein. The termination data may only be modified in accordance s�ith. T.S. 180.05(13)(c) (1887). Z!. The effective .data of this Development Order snail be 45 days from its transmittal to the Florida Department of Community Affairs, Council; and Applicant; provided, however, that if this Development Order is appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 380.07(2) (19871, 22. The City shall not violate any of the' conditions of this Development Order or otherwise fail to act in substantial compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land in which the violative activity nr conduct has occurred and withhold further permits, approvals, and ,services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The Violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within 60 days of the data of said notice. In the event the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the C1ty, is cure the violation within that +cried will obviate the need to hold a public hearing and this Development Order will remain in full force and effect unless the violator does not diligently pursue the curative action to completion within a reasr,able time, in which event the City will give 1S days notice to the violator of its intention to stay the effectiveness of this Development Order and withhold further permits, __..� . 16 0 aoprevais, and services to the Parcel of Land in which the violation has occurred and until the violation i•s cured. The terms of this paragraphs nay be modified from time to time -by written tten agreement by' the ODA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all developers under this Development Order. 23. The Planning Director, City of Miami Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to Interpret the provisions of this Development Order and to promulgate rulings, regulations and procedures necessary to implement it, provided the same are not Inconsistent with the terms hereof or of F.S. 180 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of Miarai, Florida, as amended. Any noncompliance shall be subject to the provisions of paragraph 22 herein. 24. The South Florida Regional Planning Council report and recommendations, entitled 'Development of Regional Impact Assessment for Downtown Miami - Increment I" dated October 5, 1987, is incorporated herein by reference_ 2S. Vithin 30 days of the effective date of this Development Order, it shall be recorded smith the Cleft, Dade County Circuit Court, pursuant to F.S. 380.O6(L51 (1987), specifying that the Development Order runs with the land and Is binding an the' Applicant, its successors, and/or assigns, jointly or severally. 25. The existence' of this Development Order shall not act to limit or proscribe the rights of any persen under F.S. 380 (19871 to file an Application for Development Approval and obtain an individual development order for property, covered by this Development Order, not withstanding the existence of this Development Order. In the event that such an individual develoe ent order is approved and becomes effective, qJQ4 17 the individual development- trder ' sna11 ' ntrel"development 'of 'the prtoerty covered by the individual development order and the terms and conditions of this Oevelooment Urger shall no longer be binding upon the property. Any such individual development orders shall, by their tarns, be consistent with the objectives and conditions of this Development Order. 27. This Development Order shall not repeal; nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to F.S. 38q {1987). This Development Order shall net create nor authorize the creation or imposition of any additional requirements or restrictions, r1th respect to any present or future development under any currently effective Development Order or building Permit issued prior hereto. hotvrithstanding this paragraph, the City shall continue to have whatever authority pursuant to lair it may not have or may acquire in the future (other than by virtue of this Development Order). 28. This Development Order shall not create nor rose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net heir Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 29. In the event that a substantial deviation is determined under the terms of this Development Order or F.S. 380 (1987), the City shall retain its ability to issue building permits and Eiajor Use Special Permits and shall continue to do so unabated, subject to the tens and conditions of this Development Order. 10. In the event that this Development Order s subject to litigation wherein an injunction 1s issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be ,ermittyd to continue to issue building permits, Major Use Special Permits and Certificates of Occupancy until such time as a final resolution of the litigation occurs, .2 C 1B • ,7 rrl :1 12/14/57 Mister EXHIBIT "A' MASTER DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT OF DEVELOPER: Roy F. Kenzie, Executive Director, Downtown Development Authority and Sergio Rodriguez. Director, City of Miami Planning Department, or their successors. PROJECT DESCRIPTION: The' Project consists of development in Downtown Miami through the Year 2007, including the fallowing land uses and increments: Land !Lies increment I Increment II Increment III Totals Office (grass square feet) Goverment Office (grass square feet). Retail/Service (grass square feet) Hotel (rooms) Residential (dwelling units) Convention (gross square feet) Wholesale/Industrial {gross square feet) Institutional (gross square feed Attractions/Recreation (seats) 7;100,000 3;600,000 3;700,000 14,400,000 300,000 250,000 200,000 750,000 1,050,000 400,000 S00,000 1,950,000 1,000 . 500 1,100 2,600 3,550 2.550 2,920 9,020 500,000 0 0 500,000' 1.050,000 0 1,050,000 2,100,000 300,000 0 300,000 500,000 3,400 1,600 5:000 10,000 Pursuant to F.S. 380.06(22) (1987); the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, supject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/MW 5th Street and I-395 known as Park West°, as illustrated on the nap in E:.hibit 1 and described .1n Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. 1 9 - 7 3 0 LZCAL DESCRIPTION 0, .3JEC T PROPERTY: Y: Se_ Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following tars shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval far Downtown Miami filed by the DOA on November 25; 1986, pursuant to F.S. 380.06 119871. CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 21 on page 12 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued; pursuant to Section 307 of the South Florida Building Code, for any *Net Mere Development' as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. ODA or Downtown Development Authority: The Downtown Development Authority of the City of iiami, Florida. DER44: The metropolitan Dade County Department of Environmental Resources Management. DRI: Development of Regional Iroact. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage, or numPer of dwelling units, hotel rooms, or seats. Hider Use Special Permit: A special permit issued by the City Commission pursuant to 0rdinance 9500, the Zoning Ordinance of the City of Miami, as amended. • Net New Development: 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 farilities or gross square footage for office, government office, retail/service, convention, 2 09_,���a ar , „. 1' woolesale/industrial or institutional use:. land uses to -ee removed by deesclition of a ding Or structure may be credited age , 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 Deeel-eprnent 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 ar 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 I,O,000 square feet in floor area; if he finds that such development would have impaEt as measured by peak hour vehicle trips. A Parcel of Land: Any quantity of land capable of being described With such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used ar developed as a unit ar which has been used or developed as a.unit. Project: That Project described in the 'PROJECT DESCRIPTION' an Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: 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 any attendant Incremental Development Order, and as may be modified pursuant to F.S. 380.OS(19) (1907). The City may permit simultaneous increases and decreases between the land use categories, 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. FINDINGS OF FACT: The following findings of fact are hereby confirmed and adopted with respect to the Project: 3 0 g-1 ,A. The findin d determinations of fact set forth i, recitals of the resolution to tnis Development Order are hereby confirmed. B. The real property which is the ,subject of this Development Order is legally described in Exhibit 2. C. The ODA filed the ADA with the City, the Council; and the Florida Department of Community Affairs. D. The ADA has been filed by the ODA pursuant to F.S. 3E0.06(22) (1987) authorizing a downtown development authority to apply for development approval and receive a development order for any or all of the area within its jurisdiction. Individzjal developments are not identified or required to be identified in the CADA.. E. The purpose of the CADA is to identify and assess probable regional 1e acts and t4 obtain approval for Total Allowable Development in accordance with the general guidelines set forth in this Development Order and the CADA. The concept is to recognize the Project Area as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the darrntatm area to file for separate DRI reviews. F. Development within the Project Area is expected to continue to be accomplished over an extended period of time, by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA and the DO are intended to serve as flexible guides for planned development of the project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. 380.06(Z1)(b) (1987), the CADA seeks vaster development approval for threw increments of development over a period of approximately twenty years and specific development approval far Increment I, which is the first phase of development projected for a period of approximately five years. Subsequent incremental applications may need to be adjusted to more nearly serve as • 4 82 9 3 a 'lying .'e recognizing the evolution of -••let demand and technologie,. G. The Project Area contains a total of approximately 839 acres, including approximately 78 acres presently zoned and developed as City parks. The CADA proposes Het New Development within the Project Area for the land uses, quantities and phases defined herein as Total Allowable Development. H. The Project is not located in an area of critical state concern as designated pursuant to F.S. 380 (1987). I. A comprehensive review of the probable iappacts that will be generated by the Project has been conducted by various City departments; as reflected in the CADA, and the South Florida Regional Planning Council staff. J. This Development Order 1s consistent with the report and recommendations of the South Florida Regional Planning Council, entitled 'Development of Regional Impact Assessment for Downtown Miami - Master°, dated 0cteber 5, 1987. The South Florida Regional Planning Council recommends approval of the Project, and all conditions to which such approval is subject are reflected herein. K. The Project is consistent with the applicable portion of the State land development plan and the Regional Plan for South Florida. L. The Project is in conformity with the adapted Miami Comprehensive }3eighbornood Plan. M. The Project is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. M. The Project wilt.have a favorable impact on the economy of the City. P. The Project will efficiently use public transportation facilities. 0. The Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. R. The Project will efficiently use necessary public facilities. S. The Project will include adequate mitigative measures to assure that it will not adversely effect the environment and natural resources of the City. T. The Project will not adversely affect living conditions in the City. U. The Project will not adversely affect public safety. V. There is a public need for the Project. o 5 'CONCLUSIONS OF LAH That, having made the findings of fact contained above, the City Commission hereby concludes as a ;latter lass, the following: A. The ODA constitutes a 'downtown development authority' as defined in F.S. 380 (19871, and is authorized by F.S. 380 (1987) to make application far development approval and receive a deveiopsaent order. B. The Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. C. The Project does not unreasonably interfere Britt the achievement of the objectives of the adapted State land development plan' applicable to the City of Miami or the Regional Plan for South Florida. D. The Project is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in F.S. 380 (1987). E. Changes in the Project which do not exceed the Total Allowable Deveiapoectt or which do not result in a net reduction of more than 5 percent in total acreage zoned and developed as City parts, shall not constitute a substantial deviation under F.S. 380 (1987). ACTION TAKEN: That, having wade the findings of fact and reached the conclusions of law set forth above, it is ordered that the Project is hereby approved; subject to the felloving conditions: THE CITY, ITS SUCCESSORS; AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS Ak0 CERTIFICATES OF OCCUPANCY F01i MET MEV DEVELOPMENT PURSUANT TO AN APPROVED DEVELOPMENT ORDER FOR EACH INCREMENT DESCRIBED HEREIN AND SHALL: 1. Require all development pursuant to this Development Order to be- in accordance pith applicable building codes, land development regulations; ordinances and other laws. J 7 3 5 ? Nitnin 6 man*ns of tie effective date of this Development Order, aaaot and implem a uniform ordinance that lncorgorata requirement that Net New Develap;aents shall mulch, spray or plant grass in exposed areas to prevent soil erosion and minimize air pollution during construction. 1, Within 6 months of the effective date of this Development Order, adapt and implement a uniform ordinance that incorporates a requirement that Net New Developments shall place temporary screens, berms, and/or rip - rap around sites under construction to filter or retain storm -water runoff during construction. 4. ldithin 6 months of the effective date this Development Order, adapt and implement a uniform ordinance or establish an accepted procedure ta require Net New Developments to design, construct and maintain stora>wrater management systems to meet the following standards: a. Retain the runoff from at least a 5-year storm on each Parcel of Land wherever feasible and construct drainage systems as proposed in the Consolidated Application far Development Approval (CADA). Consistent with the CADA, individual drainage systems crust be designed ta retain at least the first one -inch of sto rmwater runoff within drainage wells and exfiltration trenches. b. Install pollutant retardant structures (catch basin with den -turned inlet pipe or other Dade County DEER!4-approved device) to treat all stormwater runoff at each individual drainage structure and/or well, and periodically move pollutant accumulations. c. Limit application of pesticides and fertilizers in vegetated storm water retention areas to once per year for preventive maintenance and to urgencies, such as uncontrolled insect infestation. d. Y-c€i sweep all parting lots of eleven or more vehicle spaces and private roadways serving the parking lots at least once per week. e. Bath during and following construction. prevent time direct flow of stormwater runoff (that has not been pre-treated pursuant to Condition 4a. above) into surface waters. _ 0 5. Require Net Hew bevel opment to comply with Dade County hazardous waste requirement: by the adoption and implementation of a uniform ordinance, as may be found by the City to be applicable and necessary, providing far hazardous materials accident prevention, mitigation, and response standards, as described in a. through h. below. These standards shall be maintained by individual developers who shall require by lease agreement or building rule that all tenants classified by a SIC code listed in Appendix 12A-8 of the CADA, incorporated herein by reference, that, use, handle, store, display; or generate hazardous materials (materials that are ignitable; corrosive; toxic, or reactive); including those identified on page 6 of Appendix 12A-a of the CADA comply with these standards, provided however, that the uses in and the wastes listed in Appendix 12A-8 of the CADA shall be sigultaneously amended upen the addition or deletion of any or all of tha listed uses, materials, or wastes by amendment to the 'County and Regional Hazardous Haste Assessment Guidelines" incorporated by Rue 1.7-31.C3(2); Florida Administrative Code. At a mini, these standards shall, a. Require that buildings or portions of buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or scored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity, such as lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are subject to the requirement contained in Condition 5c. below. c. Require that any area used for loading and/or unloading of hazardous material be covered and equipped with a collection system to contain leakage and accidental spills. 8 (, r` ^ 4 ¢� t) d. Reourr 'l hazardous waste generators to contr • witn a licensed public or private hazardous waste disposal ser..ce or processing facility and provide Dade County DERN copies of the following forms of documentation or proper hazardous waste management practices: a hazardous caste manifest; a shipment to a permitted hazardous waste management facility; or a confirmation of receipt of materials from a recycler or a waste exchange operation,. e. Prohibit generation of hazardous effluents, unless adequate facilities, approved by Dade County DERV and Florida Department of Environmental Regulation, are constructed and used by tenants generating such effluents. f. Dispose of hazardous sludge materials generated by effluent pre-treatment in a manner approved by the Federal Environmental Protection Agency and the Florida Department of Environmental Regulation. g. Notify any tenant generating wastes of the penalties for improper disposal of hazardous waste pursuant to F.S. 4u,7 27. h. Allow reasonable access to facilities for monitoring by Dade County DER1 , Council staff, and the Florida Department of Environmental Regulation to assure compliance with this Development Order and all applicable lams and regulations. 6. Enact an ordinance requiring Net Nei Development to remove all invasive exotic plants, including 4elaleuca, Casuarina, and 6rasilian Pepper, from their Parcel of Land as the parcel is cleared, and use only those plant species i dents f' ed in Appendix 8-4 of the CJ DA for landscaping. Additional species may be used only if written approval is provided by Council staff. Such approval will be based on the species under consideration meeting the following criteria: a. does not require excessive irrigation b. does -'t rewire excessive fertilizer plica " an c. is n, prone to insect infestation or other- d. is not prone to disease e. does not have invasive root systems f. such other criteria as mar be appropriate 7. Coordinate with appropriate agencies to ensure that thnsa areas frequented by the West Indian manatee and Brown pelican are properly identified to reduce the impact of development on these species. Measures may include, but are not limited tn, uarning signs, idle speed zones, etc. 'Provide information to developments located adjacent to the Miami River or Biscayne Bay which may adversely impact these species, which shall be distributed by the developer to user: of the development. This information should include, but is not to be limited to, pamphlets and signs on frequency of site use, man -induced adverse impacts, and measures to avoid these impacts. E. Direct the City Manager to establish procedures whereby the Police Department and Fire Department shall make recommendations to incorporate security measures into the design and operation of Het N Development. 9. Collaborate with the Dade County School Board, by providing planning information and information on Met New Development of residential units, to address concerns regarding the availability and access to schools for students from future residential development within the project area. 10. Encourage the incorporation of energy conservation measures into the design and operation of Net New Development by requiring that, at a minimum, all Net New Development shall be constructed in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). 11. As part of the building permit application, prior to approving any activity involving rehabilitation, demolition, or structural changes to historic buildings listed in Exhibit 3 herein, rewire the applicant to suEmit to the Florida Department of State Division of Archives, History, and Records Management and the City of Miami Planning Department photographs of the structure and a description of proposed activities 10 for assessment of the potential effect on the historic property. Prior to approv any permit for ground disturbing . i ties related to construction or tree removal within the archaeological tones listed in Exhibit 4 herein, require the applicant to contact these same two agencies to make arrangements to survey and assess the area. This condition will not apply to those historic buildings and archeological zones that are designated as Heritage Conservation districts pursuant to paragraph 12 below. 12. Attempt to have all properties and archaeological zones in Exhibits 3 and 4 herein designated as Heritage Conservation districts under Article 16 of Zoning Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, as amended. 13. Far all development activity, other than development on sites contained in Exhibits 3 and 4 herein (since these sites are subject to Condition 11. and 12. above), as part of the building permit application require the applicant, pursuant to state late, to notify tho Florida Department of State Division of Archives, History and Records Management of construction schedules, and a here potentially significant historical or archaeological artifacts are uncovered during construction, permit State and local archeological officials to survey and excavate the site. When required by 10, delay construction for up to 3 months in any portion of the construction site necessary to permit the archeological survey and escavatian to be completed. 14. Monitor development and redevelopment activities to ensure that there is no net loss of 1cwoincoee housing opportunities within the City of Miami. Any net loss of •such units within the project Area shall be counterbalanced by a gain in another area within the City of Miami. 15. Withhold the issuance of building permits for filet Neu Development that cannot obtain a letter of availability from the appropriate agency that wastewater treatment capacity will be sufficient to meet the needs of that development. 16. Withhold the issuance of building permits far Het New Development that cannot obtain a letter of availability from the appropriate agency that IS 9 - r _ 11 c, o ci e an adecuate water supply will be available to mep- :he needs of that develoen 17. Nithhold the issuance of building permits for Net New Development that cannot ootain a letter of availability from the appropriate agency that solid waste disposal capacity will be sufficient to greet the needs of that development. 1a, leave the authority to assess development for its proportionate share of the costs of improvements and/or services necessary to monitor and/or mitigate any adverse impacts. The City shall also have authority to assess development its proportionate share of the casts attributable to preparation of the master plan for downtown, the Application for Development Approval; and this Development Order; as bell as the future costs of reviewing individual development applications, monitoring compliance ttith this Development Order, and any other casts reasonably related to the administration and implementation of this Development Order. 'if necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development Order and to mitigate the impacts of Total Allowable Development.' mam IuainG, r ,P . yIG, Am G.}`6i CEK S i 19: The City shall monitor the capacity of Total Allowable Development by reserving the 'amount of Development Credits necessary for Net New Development at a time, to be determined by the City, prior to or coincident with approval of a building permit or Major Use Special merit. The City shall place reasonable time limits on all building permits and Major Use Special Permits to assure that construction progresses within a reasonable period of time after approval to prevent stockpiling of reservations for Development Credits. The time period established by the City shall take into account the size of the proposed Net Near Development in relationship to the time necessary to begin construction. 12 3 - 973 ,20. Upon the • .nce of a Certificate of Occ:.'aanc- 'lr any Net Hew Development, the City shall mae appropriate subtractions from the amount of Total Allowable Development under this Development Order. Ha Certificates of Occupancy shall be issued far Het New Development which would, in _the aggregate, exceed the amount of Total Allowable Development under this Development Order. 21. The City shall integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA) and submit two copies of the CADA to the Council; one copy to the City Clerk, and one copy to the Florida Department of Community Affairs within thirty 1301 days of the effective date of this development Order. The CADA shall be prepared as follows: a. Where new, clarified, or revised information was prepared subsequent to submittal of the ADA but prior to issuance of this Development Order, whether in response to a formal statement of information needed or otherwise, the original pages of the ADA will be replaced with revised pages. b. Revised pages will have a 'page Number (11) - Date' natation, with *Page Number° being the number of the original page, '{R)' indicating that the page was revised, and 'Date° stating the date of the revision. 22. The Consolidated Application for Development Approval is incorporated herein by reference and will ba relied upon by the parties in discharging their statutory duties under F.S. 3130 (19137); and local ordinances. Substantial compliance'with the factual representations contained in the Consolidated Application for Development Approval is a condition for approval unless waived or modified by agreement aRong the Council, City, and Applicant, its successors, and/or assigns. 23. All teFDS, proposals, suggestions and procedures proposed in the Application for Development Approval; but not specifically incorporated in this Development Order, shall not be considered a tart of the Consolidated Application for Development Approval insofar as they may 13 of 9 7 Cq r') c1 �' L 1 have been de•"t'd to place a requirement on the City -t AiTai to t3_e any action or - „ain from :.wing any action. The term_ this Development Order snail control and any requirements of the City are specifically enumerated herein. 24. The fo11 ovri•ng regional issues as they appear in the Consolidated Application for Development Approval have been sufficiently reviewed for the total Project (extending through the year 2007) and shall not be required to be reviewed as each incremental portion of the Downtown Miami ORI is submitted: Maps: Map A -'Location Maps-B-1, 11-2, 8-3, 8-4 - Aerial Photo(s) Map C-S - Flood Zones Map D-1 - Existing Land Use MapE - Soils Map F - Vegetation Maps G-1, G-2 - Drainage Maps I-1, 1-2, I-3, I-4 - Public Facilities Question 5: Hater Quality Question 5: Wetlands Question 7: Flood Prone Areas question 2: Vegetation and Wildlife Question 9: Historical and Archaeological Sites Question. 12: Otter Public Facilities C. Energy D. Education E. Recreation and Open Space Question 13: Housing 25. The following regional issues as they appear in the Consolidated Application for Development Approval have not been sufficiently reviewed for the total Project (extending through the year Z007) and, as appropriate, will be required to be reviewed as each incremental portion of the Downtown Miami ORI is submitted: 14 °73 Question 1: ..,.plicant Information Maps: Map H - Master Development Maps J series - Transportation Network tiisplay'Graphics and Boards Question 3: Project Description Question 4: Air Quality Question 10: Employment and Economic Characteristics Q+:estion I1: Transportation Question 12: Other Public Facilities A. Wastewater, Waster, and Solid Waste B. Health Care, Police, and Fire 26. Grounds for denial by the South Florida Regional Planning Council of any subsequent applications for an incremental portion of this proposed development will be limited to any unresolved .issues pertaining to Question 4: .Air Quality and/or Question I1: Transportation. 27. The City shall prepare an annual report and submit copies to the Council, the City Cleri; and Florida Department of Community Affairs on or before each anniversary date of this Development Order. As each development increment receives a Development Order, the annual report shall include the development covered by the incremental Development Order so that a single annual report is compiled for the entire Project. The annual report shall include, at a minimum: a. A complete response to each question in Exhibit 5. b. Identification and description of any known changes in the plan of development, or in the representations contained in the CADA, or in the phasing far the reporting year and for the next year. r. A summary comparison of Total Allowable Development and Het Herr Development proposed and actually approved during the year, including locations, acreage, square footage, number of units, and 15. 09 cis C{c�1 otne, 'nits of ianc uses included rii, Total Allowable Oever,,pment; and the acreage toned and developed as City parts. d. An assessment of the Appl,icant`s and the City's coliance with the conditions of approval_ contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the Council, or significant. the Department of Community Affairs as being e. Specification of any known incremental or amended DRi applications for development approval or requests for a substantial deviation determination that were filed in the reporting yeer or to be filed during the next year. f. 9• AA indication of change, if any, to City jurisdiction for any portion of the development since issuance of this Development Order. A statement that all persons have been sent copies of the annual report in conformance with F.S. 350.06(181.(1987). h. A copy of any recorded notice of the adoption of this Development Order or any subsequent modification that was recorded by the Applicant pursuant to F.S. 380.05(15) (1387). A report from DELI of any known violations of the hazardous waste requirements contained in paragraph 5 herein. J. The number of lour —incoming housing units lost from demolition and conversion within the Prefect Area, as well as the total rawber of new low income housing units within the City. k. Any other information required by the Department of Comity Affairs (DCA) in accordance with F.S. 380.06(181(19F37). 29. The City shall enforce the requirements of the Dade County Shoreline Development Review Drainer= (85.14) for all subsequent developments within the Shoreline Development boundary. 073 16 ag, The deadlinA for coercing any developr»enc shall two (2) Years frays the effect. _ date of this Development Order. The minatian date fnr cempleting develap;eene shall be Decenter 31, 2007; provided that -:he Applicant, or its successors and assigns. complies with paragrapn 34 herein. The termination date may only be modified in accordance with F.S. 3ao.06(19)Ic) (1387). 30. The effective date of this Developent Order shall bi 4S days from its transmittal to the Florida Department of Comity Affairs, Council, and Applicant; provided, however, that if this Development Order is appealed, the effective data will' not star: until the day after all appeals have been withdrawn or resolved pursuant to F.S. 330.07(2) (1957). 31. The City shall net violate any of the conditions of this Development Order or otherwise fail to act in substantial ccmpliance with this Development Order or permit any property owner within the boundaries covered by this Development order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter °violator4) the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the Parcel of Land, in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land, upon Passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within 30 days of said notice, the City will hold a public hearing to consider the matter within fA days of the date of said notice. In the event, the violation is not curable in 30 days, the violator's diligent good faith efforts, as determined by the City, to cure the violation within that period will obviate the need to hold a public nearing and this Development Order will remain in full force and effect unless the violater does not diligently pursue the curative action to 17 completion w—sin a rerrsoneole time, in which even' 'he city will give 15 days n..,ce to the violator of its inters. .r to stay the effectiveness of this Development Order and withhold further permits, approvals, and services to the Parcel of Land in which the violation has occurred and until the violation is cured. The terms of this paragraph ray be modified from time to time by written agreement by the ODA, the City, and Council staff, to enable the City to enforce the terms of this Development Order to the fullest extent, while providing due process to all Developers under this Development Order. 32. The 'Planning 'Director, City of Miami 'Planning Department, is hereby designated to monitor compliance with all conditions of this Development Order and shall have the duty and authority to interpret the provisions of this Development 13rder and to promulgate rulings. regulations and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 3S0 (1987), or duly promulgated and adopted rules thereunder. Appeals to decisions of the Planning, Director may be filed pursuant to procedures set forth in Article 30 of Ordinance 95O3, the Zoning Ordinance of the City of Miami, Florida, as anded. Any noncompliance shall be subject to the provisions of paragraph 31 herein. 33. The South Florida Regional Planning Council D€U report and reco=endations, entitled "Development of Regional fact Assessment for Downtown Miami - Master", dated October 5, 1987, is incorporated herein by reference. 34. iithin 30 days of the effective data of this Development Order, it shall be reeerded rri tt the Clerk, Dade County Circuit Court, pursuant to F.S. 380.05115i (19871, specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or.a ssigns, Jointly or severally. 35. The existence of this Development Order shall not act to limit or proscribe the rights of any person under F.S. 380 (1987) .to file an Application for _evelegsaent Approval and obtain an individual development order for property covered by this Development Order, not t:. 18 40. Upon the aauption of the local government corehen�, _ plan pursuant to F.S. 163.3151 (L9851as amended, for the City of i:liami, the City may rescind this Master Oevei0 Teat Order at the completion of the first increment in the event that the City, after a public hearing, deers such action is in the best interest of the City. f:. 20 - 3 A • .0090 ! 6.1 V ••••-• Zor :;NWi sr../ \ \ \ r ' I 111 J • - • JPT‘ -• ;4. vT-t— , • : r---- — • flLLj: • e j CT WOWNTOWN MIA 5,9 1 DM BOUNDARY MAP Zg—A e-4 0 LEDAL MSC 104 OF SUBJECT PROPERTY: Begin at the intersection of the centerlines of N.V. Sth Street and N.N. 3rd Avenue (east side of N-5 Expressway (I-99)), said point o' beginning also being the H.V. corner of the district; thence run southerly along the center line of H.H. lyd Avenue and the easterly side of the N-S Expressway to the centerline of Hest Flagler Street; thence westerly along the centerline of said Hest Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way (4/li) line of Metro Rapid Transit RTV (formerly Florida East Coast (FEC) Railroad R/W) said R/ld line being 50 feet easterly of and parallel with the centerline of said Metre Rapid Transit R/1!; thence run southerly and southwesterly along said easterly R/kf line of Metro Rapid Transit to the intersection with the centerline of S.W. 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of COSTA BELLA DEVELOPMENT SUBDIVISION (107-14); thence northeasterly, northwesterly and northeasterly along said westerly line of COSTA ByLLA to the intersection with the southerly right-of-way line of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and westerly right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property line of Lot 31 Block 2 of Amended Plat of POINT VIEW as recorded in Plat Hook 2 at Page 93 of the Public Records of Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31 to the northeasterly side of the existing ten foot alley in Block 2 of said POINT VIEii; thence southeasterly along the northeasterly side of said ten foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of POINT VIER; thence northeasterly along said line of Lots 4 and S and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerline of 5.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Claughton Island - 9 `3 3 21 Island Er4 , to the intersection with the teste-,.. bulkhead line of Claugnton 143and, said bulkhead line being part of _ _ Metropolitan Dade County Bulkhead Line as recorded in Plat Bock 73 at Page IS of ':the Public Records; thence southerly, easterly, northerly and westerly, following said existing bulkhead ant its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northr esterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly R/W line of Brickell Avenue Bridge (S.E. 2nd Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami River; said hulk line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture prnpertiy; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina; thence continuing northerly along' the bulkhead line of Biscayne Bay to a point of intersection with the centerline of R.E. 17th Street es:tended easterly; thence nesterty along the centerline of M.E. 17th Street and its extension thereof to the easterly R/W line of the FEC Railroad; thence southerly along the easterly R/W line of the FEC Railroad to the limited access right -of -slay of 1-39S; thence southeasterly and easterly along the limited access right-of-way of I-39i to the centerline of Biscayne Bouleverd. thence southerly along the centerline of Biscayne Boulevard to the centerline of M.E. Sth Street, thence tiesterly along the centerline and N.E. and N.W. Sth Street to the point of beginning. The above described area contains approximately 839 acres. 22 ,FILE , ,-- 1 �. 111 �\''1.:\ "^�h T11 (f �'H.tUP'UJl.Li ' !1 ; €' �Y. \(r�e� IDS r~ 1 ti� . \, r i i ! )it;fin \'r 1, i-7 G L. 1. 1. s. u. l4. La. La. rl. IS. IS, L4. 14. LS. 44- rL. 10. Si. tn. sa Arleser teeter 1t, oee> 0aarremra 6C ales® 4.-ni Melee moo LS 7.•044.0 e, _ 1 t, a../Se.t acy LLa t. 71wr. tc..-a t1a L. n, *L� 1-0L.rlcrwlca Gam` D. CepJ Lac a. ow. r =i O. aca 11./ LC L. c,oreeee. I= L. tlso awe lib L. Weer lo"Y. L 4. S s r lir t. t. L Jr..•, 1.4 4. L. 4 awev a. L. A a• t-1 1. t. 1 ..•0 .Lat.-11 L. t- 1 a.e.=. x14 L. t. i Weal :11 0. 1. i Ave. l41 1. L. 1 14o.* ilViLLI „Li J1 Il i ill tATI n atrIMIC FL:.'" =414440 ewer* le= tea tee.= fad 1. IL=sl 11 AZ. Lee 4e-.a1 t Flue fie- LM,^ 441s= S. tJ.^ tnatxa 01.0 teem.=4 ce Pees tee fi:,,i Lees ta• t4 e=1 4.4= ce Caen Cie Seri i=1104 440 Liss r0 as ftca Sea11n RA. L 11900 irooa et. 4 eeree urn---.iJ 04140 t. Leper, t0 �4 C7RQ en testae 4 lem.G.C1 .4- Jeri tsR© , L t.e re emaaa c Iw+...... C^....f 410:7 Ceage.. eel teAeLert r 1ar a P. lc4 a- L. i £. tt4 4- L. L J1. If L. 1. 1 4_ �. t4L*.t] a. L. 4 LT. ca L. L.!iowe. n. A 1. L. L Aeaeva IL ee a. 4. A Lc... -.a Z. IQ. 14, 1L. A. l7. L. L. a U. ID L. ti A.. as L. et. Li Loco 7a. am 14 L, 14 Lorca la. L. nt pa tv mac. a.i. t 10±0 . a. boo 4a`-- p vl Ci • ea_©i aQie4 4 ee�- exm- L1p ca ea© e4aOra ate ...] C 01144011p e= trews tan 0= 0.1 r• S 44 MAP D-2 HISTORICAL SITES DOWNTOWN MASTERPLAN DEVELOPMENT OR REGIONAL IMPACT Cr .1. Ire. t e40= ca 9- 3 9 77 DERM: The Miami -Dade County Department of Environmental Resources Management. Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special per.w.it issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. Net New Development: 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Page3of4 Project Area: The area included within the legal description in Exhibit 2. Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the tei uuis and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to F. S. 380.06(19) (1987), and which shall be measured by the following land uses: Office Government Office Retail/ Service Hotel Residential Convention Wholesale/Industrial Institutional Attractions/Recreation Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may penult simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Change) provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as -measured by total peak hour vehicle trips. W3898a Page 4 of 4 'Lk Exhibit "B" Increment I Development Order: ' INCREMENT I DEVELOPMENT ORDER NAME OF DEVELOPMENT: Downtown Miami NAME OF DEVELOPER: Downtown Development Authority of the City of Miami AUTHORIZED AGENT' OF DEVELOPER: Patricia Allen, Executive Director, Downtown Development Authority and Ana Gelabert, Director, or Lourdes Slazyk, Assistant Director, City of Miami Planning, Building and Zoning Department, or their successors. PROJECT DESCRIPTION: The Project consists of development in Downtown Miami through the Year 2014, including the following land uses and increments: Increment I Increment II Increment III Buildout- Buildout- Buildout- Land uses Dec. 30, 1999 Dec. 30, 2005 Dec. 3C, 201A Totals May 28, 2003 May 28, 2009 May 28, 2018 Office (gross square feet)- 3,681,890 3,600,000 3,700,000 10,981,890 Government Office (gross square feet)- 300,000 250,000 200,000 750,000 Retail/Service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (room) 4,500 500 1,100 6,100 Residential (dwelling units) 10,550 2,550 2,920 16,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale / Industrial (gross square feet) 1,050,000 0 1,050,000 2,100,000 Institutional ( gross square feet) 300,000 0 300,000 600,000 Attract ions/Recreation ( seats) 30,500 1,600 5,000 37,100 Marine Facilities 230,000 0 0 230,000 1 :/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall.. be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 1 of 6 sr' _2 '-i .) r_. rj _ f �" Pursuant to F.S. 380.06(22) (1987), the Project specifies the total amount of development planned for each land use category, but provides flexibility for such development to be located anywhere within the Project Area, subject to local land development regulations. The Project Area includes all property within the boundaries of the Downtown Development Authority, with the exception of that area between NE/NW 5th Street and I-395 known as "Park West", as illustrated on the map in Exhibit 1 and described in Exhibit 2 attached hereto. The Project Area contains a total of approximately 839 acres of land, including approximately 78 acres currently zoned and developed as City parks. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Exhibit 2. DEFINITIONS: For the purposes of this Development Order, the following terms shall be defined as follows: ADA or Application for Development Approval: The original Application for Development Approval for Downtown Miami filed by the DDA on November 25, 1986, pursuant to F.S. 380.06 (1987). CADA or Consolidated Application for Development Approval: The revised ADA prepared pursuant to paragraph 16 on page 13 herein. Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council.: The South Florida Regional Planning Council. DDA or Downtown Development Authority: The Downtown Development Authority of the City of Miami, Florida. DERM: The Miami -Dade County Department of Environmental Resources Management. Page 2 of 6 Development Credits: The individual units of land uses included within Total Allowable Development, as measured by square footage or number of dwelling units, hotel rooms, or seats. FDER: The Florida Department of Environmental Regulation. Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended, Net New Development: 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 deteiu.Lines 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. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein. Project Area: The area included within the legal description in Exhibit 2. Page 3 of 6 fL.' r, k Total Allowable Development: The quantity of Net New Development for which Certificates of Occupancy may be issued under the teims and conditions of this Development Order, together with the applicable Master Development Order, as may be modified pursuant to F. S. 380.06(19) (1987), and which shall be measured by the following land uses: Office Government Office Retail/ Service Hotel Residential Convention Wholesale/ Industrial Institutional Attractions / Recreation Marine Facilities 3,681,890 gross square feet 300,000 gross square feet 1,050,000 gross square feet 4,500 rooms 10,550 dwelling units 500,000 gross square feet 1,050,000 gross square feet 300,000 gross square feet 30,500 seats 230,000 gross square feet The City may permit simultaneous increases and decreases in the above described land use categories, without need of filing for an NOPC (Notice of Proposed Change). provided that the regional impacts of the land uses as changed will not exceed the adverse regional impacts of the land uses in Increment I of the Project as originally approved, as measured by total peak hour vehicle trips. J. Page 4 or. 6 ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment I of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: 1. Require all accordance regulations, 20. development pursuant to this Development Order to be in with applicable building codes, land development ordinances and other laws. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The project buildout date and expiration date of the development order shall be Mav 28, 2003. The City shall not issue any new Development Orders within the Downtown DRI area after May 28. 2003. If a locally issued Development Order expires, the individual project for which said order was issued shall not be entitled to the development credits assigned to it under Increment I of this DRI: a new Development Order shall be required. The tcrrninc.*ion. d-a.to for completing development 'shall be December 30, 1990 provided that the Applicant, or -its ;cccssers- aid assigns, coanplies with Paragraph 25 herein. The teiinination date may only be modified in accordance with F.S. 380.06(19)(c), 1937, as amended. The Page 5 of 6 eTh J C-1 0.2 4. W3898b Major Use Special Permit prior to Mav 28. 2000. and construction completed by Mav 28, 2003. will be analyzed within the Increment II Application for Development Approval. Page 6 of 6 RECEIVED: 6/ 7/01 1:20PM;-a'6ER0OW & RAoELL, 06/07/2001 TIM 12:12 FAX 3053724646 JUN-W-2 1 12:44 CITY CLERKS OFFICE PA; M62 ; PAGE 2 305 ess 1610 i 002/007 P.01 J-00-173 03/10/00 RESOLUTION NO. 0 — 2 S 9 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING THE SOUTHEAST OVERTOWN/PARKWEST DEVELOPMENT OF REGIONAL IMPACT (" DRI") DEVELOPMENT ORDERS (RESOLUTION NOS. 8B-110 AND 88-111 ADOPTED FEBRUARY 11, 1988, AS AMENDED), FOR THE SOUTHEAST OVERTOWN/PARK WEST AREA OF THE CITY OF MIAMI, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A'', BY AMENDING THE DEVELOPMENT ORDERS IN ORDER TO EXTEND THE RUILDOUT AND TERMINATION DATES FOR INCREMENT II; FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES (1997)► AND ALSO FINDING THAT THIS CHANGE IS IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on February 11, 198S, the City Commission. adopted Resolution No. 88-110 approving a Master Development Order for the Southeast Overtown/Park West Development of Regional Impact (" DRI,•) ; and Resolution No. B8-111 approving the Increment I Development Order for the DRI; and WHEREAS, on September 24, 1992, the City Commission adopted Resolution No. 92-609 approving the Increment II Development Orders for the DRI, and Resolution No. 93-217 approving the. Increment IT Development Order for the DRI; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 19, 2000, following an advertised public hearing, ATTAC 'sME T'1' c UfAUIE cm' COSS1'+�$ METING CP. W,F 2 3 2CC4 kaaolution pia. GO- 289 RECEIVED:, 6/ 7/01 1:20PM;->6ERCOW a RAOELL, 06/07/2001 THU 12:12 FAX 3053724646 JUN-07-2801 12 : 44 CITY CLERKS OFFI C PA; 52 ; PAGE 3 003/007 305 858 1610 P.02 adopted Resolution N. PAB 0G-00 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the proposed amendments to the Increment II Development grders for the DRI with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380. 06 (19) , Florida Statutes (1997), on December 30, 1999, the City Of Miami Department of Planning and Zoning submitted a "Notification of a Proposed Change to a Previously Approved DRI" ('NOPC"), to the City of Miami, the South Florida Regional Planning Council/ and the Florida Department of Community Affairs; and WHEREAS, on March 23, 2000, the Miami City Commission held a public hearing on the proposed amendments to the raster and Increment II Development Orders for the DRI as attached hereto; and WHEREAS, the City Commission determined that all requirements of ;notice and -other fetal requirements have been complied with for an amendment to the Increment II Development Orders for the DRI; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend the Increment II Development Orders for the !RI as hereinafter set forth; Page 2 0 - 2b RECEIVED: S/ 7/01 1:2OPM;--BERCOW & RADELL, PA; 462; PAGE 4 06/07/2001 THii 12:12 FAX 3053724646 .J"UN-67-2001 12:45 CITY CLERKS OFFICE 3os 858 161E CAS 004/007 P.03 NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section, Section 2. The proposed amendment to the Increment II Development Orders for the Southeast Overtown/ Park West Development of Regional Impact ("DRI"), (a) does not constitute a substantial deviation and, therefore, does not require further development of regional impact review pursuant to Subsection 380-06(1.9), Florida Statutes (1997) 7 and (b) is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000, Section 3, The attached amendment to the Increment II Development Orders for the DR/ (.Exhibit "A") is hereby approved_ Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.= If the Mayor does not Sign this Resolution, it shall become effective at the end of ten calendar days from the date it W48 passed RTr9 adopted. If the Mayor vetoes this Resolution, It sia11 become effective immediately upon override of the veto by the City Commiosion. Page 3 of 4 PECET_VE0: 6/ 7/01 1 :21PM;-}5ERCOW & RADELL, PA; ;;62; PAGE 5 06/07/2001 THU 12:12 FAX 3053 24646 JJUN--07--2801 i 2: 45 C i TY CLERKS O F I CE 305 858 1618 C 005/007 P.04 PASSED AND ADOPTED this 23rd day of March , 2000 JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the + ayor did not incSioa' : ; this legislation by signing it in the des •noted P c becomes effective With the elapse of ten (1 i da regarding same, without the M •r = ercisi%• veto ATTEST; WALTER J. FOEMAN CITY CLERK APPROV TO FD" ;ND CORRECTNESS;ed DRO VI RELLO ITY ATTORNEY W4174:CMMM e±j Page 4 of 4 R=cEZVED: 5/ 7/01 1 :21PM;->E7ERCOW ELL, PA; #62; PAGE 6 06/07/2001 THU 12:13 FAI 3053724646 JUN-07-2001 12 : d5 CITY CLERKS OFF I CE 3E5 858 1610 0 006/007 P.OS Exhibit "A" Increment II Development Order SOUTHEAST OVERTOWN/PARK WEST INCREMENT ,Zi DEVELOPMENT ORDER PROJECT DESCRIPTION: The Project consists of development in the Southeast Overtown/Park West Community Redevelopment Area through the Year 2007, including the following land uses and increzncnts: I.wd uses Increment 1 Increment II Increment III BuiIdaut- Buildout- Buildaut- (1988.1997) (1992 1999) 1999-2007 (1992-2004) Totals Oince (gsi)- 168,000 337„000 500,500 1,003,500 Counaerc a al (gst) 95,400 71,700 90,600 257,700 .thel (rooms) 0 500 600 1,100 Residential (units) 2,000 2,000 5,000 9,000 Attract Sons/Recreation (seats j 8,000 8,000 0 16,000 ACTION TAKEN: That, having made the findings of fact and reached the conclusions of law set forth above, it is ordered that Increment II of the Project is hereby approved, subject to the following conditions: THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR TOTAL ALLOWABLE DEVELOPMENT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS DEVELOPMENT ORDER TOGETHER WITH THE ATTENDANT MASTER DEVELOPMENT ORDER AND SHALL: U 0- 98 RECEIVED= E/ 7/01 , 21PM; _>BERCOW RACELL, PA; #62; PAGE 7 06/07/2001 THU 12:13 FAX 3053724646 JUN-07--2001 12:45 CITY CLERKS OFFICE L!007/007 305 2S8 1610 P.OG 12, Establish the termination date for completing development as l eee er-1— —9— November 30, 2004. provided that the applicant, its successors, and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06(19)(c) F.S. 2 C O - 4"S9 T©TAL P. J-01-756 10/18/01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE SOUTHEAST OVERTOWN PARKWEST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDERS (RESOLUTION NOS. 88-110 AND 88-111, ADOPTED FEBRUARY 11, 1988, AS AMENDED, FOR THE SOUTHEAST OVERTOWN/PARK WEST AREA OF THE CITY OF MIAMI, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", BY AMENDING THE DEVELOPMENT ORDERS IN ORDER TO 1) SUBSTITUTE THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE CITY OF MIAMI AS THE DEVELOPER; 2) EXTEND THE BUILDOUT DATE FOR INCREMENT I FROM 1997 TO MARCH 21, 2005; 3) EXTEND THE BUILDOUT DATE FOR INCREMENT II TO MARCH 21, 2010, AND THE TERMINATION DATE TO MARCH 21, 2015; 4) EXTEND THE BUILDOUT DATE FOR THE MASTER DEVELOPMENT ORDER TO MARCH 22, 2013 AND ESTABLISH AN EXPIRATION DATE OF DECEMBER 31, 2017; 5) EXTEND TIME LIMITATIONS FOR CONDITIONS 5 AND 6; 6) TO CLARIFY CERTAIN LANGUAGE; AND 7) TO ALLOW "TELECOMMUNICATIONS HUB" AS A PERMITTED USE WITHIN THE DEVELOPMENT ORDER; FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380, FLORIDA STATUTES (1997); AND THAT THE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110 approving a Master Development Order for. the Southeast Overtown/Park West Development of Regional Impact, v1n" 'm t° " 4 p yi F.:: 7', r n t H a y-1y CITY COPMISSION DMETIN G OF ol:itin i IVY. and Resolution No. 88-111 approving the Increment I development order for the Southeast Overtown/Park West Development of Regional Impact; and WHEREAS, on September 24, 1992, the City Commission adopted Resolution No. 92-609 approving the Increment 11 Development Order for the Southeast Overtown/Park West Development of Regional Impact, and Resolution No. 93-217 approving the Increment II development order for the Southeast Overtown/Park West Development of Regional impact; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18, 2001, following an advertised public hearing, adopted Resolution No. PAR-69-01 by a vote of eight (8) to zero (0) RECOMMENDING APPROVAL, of the proposed amendments to the Master, Increment I and Increment II Development Orders for the Southeast Overtown Park West Development of Regional Impact with conditions as attached hereto; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1993), on June 7, 2001, the City Of Miami submitted a "Notification of a Proposed Change'to a Previously Approved DRI," to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the'deve`!opment orders for the Southeast Overtown Park West Development of Regional Impact; and Page 2 of WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend the increment II Development Order for the Southeast Overtown Park West Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section, 2. The proposed amendments to the Master Increment 1 and Increment II Development Orders for the Southeast .Overtown Park West Development of Regional Impact, (see attached "Exhibit A") do not constitute a substantial deviation and, therefore, do not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (Supp. 1993). These amendments are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendments to the Master Increment I and Increment II Development Orders for the SEOPW Development of Regional Impact ("Exhibit A") are approved. Section 4 This Resolution shall become effective immediately upon its adoption and signature of the Mayorl/ if the Mayor does not Sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission, Page 3 of PASSED PND ADOPTED this 25th day of October 2001. JOE CAROLLO, MAYOR in vrd= TlCE hair! .; id not indicate Gvtro'r l ot this Isgieiation L: r2 `c }.d7;nc s rrl , Wfii"iu : ii is it �:y' ATTEST: WALTER J. FOEMAN, CITY CLERK. - APPROVE AS TQ'FORM 1 CORRECTNESS: A.L J' NDRO �!' -ATTORNEY i / N WS6D MM:dd Vvaltr J. Fr;.tan, City Clerk Paae Exhibit "A" Master Development Order Conditions FROM: 27. The deadline for commencing any development shall be two (2) years from the effective date of this Development Order. The termination date for completing development shall be December 31, 2007, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only .be modified in accordance with F.S. 380.06 (19) (c) (1987) . TO: 27. The deadline for commencing any development shall be two • (2) years from the effective date of this Development Order. The termination date for completing development shall be Dccc,,wc.r 21, 2007 March 22, 2013, provided that the Applicant, or its successors and assigns, complies with paragraph 34 herein. The termination date may only be modified in accordance with F.S. 380.06 (19)(c)(1987). The expiration date for the development order shall be 2017. Increment I1 Conditions FROM: TO: 4. Complete the construction of NW 1st Avenue from NW 10t_n Street to NW lath Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. a. The date when all the certificates of occupancy which have been issued for South East Overtown!Parkwest - Increment I1 will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. December 31, 1998 4. Complete the construction of NW 1st Avenue from NW 10`h Street to NW' 14th Street as a new four -lane divided facility prior to a. or b. below, whichever occurs earlier. FROM: TO: FROM: a. The date when all the certificates of occupancy which have been issued for South East' Overtown/Parkwest - Increment IT will generate more than a total of 818 peak hour trip ends, as estimated based on trip rates identified in Exhibit 2 herein; b. Dcccmhcr 31, 1993 March 21, 2010. 6. Conduct air quality modeling of carbon monoxide impact. The air quality modeling shall follow Florida Department of Environmental Regulation guidelines and shall: a. be based on actual 1998 traffic counts for the intersections listed in 6.b. below; b. include the following intersections: . NE 21st Avenue/NE 5th Street; and NE 2"d Avenue/NE 5th Street; c. be submitted by June 30, 1999, in detail analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. 6. Conduct air quality modeling of carbon monoxide impact. The air quality modeling shall follow Florida Department of Environmental Regulation guidelines and shall: a. be based on actual 2005 traffic counts for the intersections listed in 6.b. below; b. include the following intersections: NE 21st Avenue/NE 5th Street; and NE 2nd Avenue/NE 5th Street; c be submitted by June 30, 2006, in detail analysis to FDER and DERM for comment and review, and to SFRPC for review and approval. 12. Establish the termination date for completing development as November 30, 2004, provided that the Applicant, its successors and assigns, complies with Condition 15, herein. The -I 59 1 TO: FROM: TO: termination date may only be modified in accordance with Section 380.06(19)(c), F.S. 12. Establish the termination date for completing development as No-.c.�;.bcr 30, 2V0" March 21, 2015, provided that the Applicant, its successors and assigns, complies with Condition 15, herein. The termination date may only be modified in accordance with Section 380.06 (19) (c) , F.S. 13. Establish an expiration date for the development order. 13. Establish an expiration date for the development order as December 31, 2017. Definitions in Master, Increment I, and Increment II Development Orders FROM: Total Allowable Development: 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 changed will not exceed the adverse regional impacts of the land uses in TO: Increment IT of the Project as originally approved, as measured by total peak hour vehicle trios. Total Allowable Development: 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) S00 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 changed 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. Furthermore, "telecouu«unications hubs" are a pe..utitted use that may be substituted for any permitted land use based upon equivalent impacts as measured by peak hour vehicle trip generation pursuant to the "Trip Generation Study for Telecommunications Facilities" prepared by Keith & Schnars, P.A., for Beacon Trade Port Associates and dated February 2001`. (See Exhibit "E"). A "telecommunications hub" is a facility designed and constructed primarily to house computer servers, communications routers, switches and similar machinery or Copies of this study were previously submitted Co the Department of Community Affairs, South Florida Regional Planning Council, and Florida Department o, Transportation pursuant to cover letter to Ms. Diane Williams of Miami -Dade County, dated March 1, 2001. j 5 I FROM: TO: equipment for directing or facilitating communications traffic. However, under no circumstances shall the total amount of the "telecouu.uunications hub" use exceed 15% of the DRI land area. Net New Development: 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. Net New Development: Any construction or reconstruction which will result in a net increase, within any "Parcel of residential dwelling units, hotel ro in attractions/recreation facilities Land", of oms, seats 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 5 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. Simultaneous increases and decreases in land use categories may be approved without necessity of a notification of a proposed change to a previously approved DR'I. Such modifications are permitted administratively as long as the total vehicle trip generation is not exceeded. 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. City of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.cLrnierni.#i.us File Number: 05-00622 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, IN ORDER TO AMEND A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, FOR THE MODIFICATION OF THE MASTER AND INCREMENT II DEVELOPMENT ORDERS FOR THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) DEVELOPMENT OF REGIONAL IMPACT (DRI), IN ACCORDANCE WITH SUBSECTION 380.06(19), FLORIDA STATUTES (2004), IN ORDER TO: 1) MODIFY THE TABLE DESCRIBING THE LAND USES AND INCREMENTS IN THE SEOPW DR! TO REFLECT ADMINISTRATIVE SIMULTANEOUS INCREASES AND DECREASES IN THE INCREMENT I DEVELOPMENT ORDER, AND ROLLOVER ANY UNUSED CREDITS INTO THE INCREMENT!! DEVELOPMENT ORDER; 2) REVISE THE DEFINITION OF "NET NEW DEVELOPMENT"; 3) MODIFY THE DEFINITION OF "TOTAL ALLOWABLE DEVELOPMENT"; 4) MODIFY FINDING OF FACT G TO REFLECT THE PROPOSED CHANGE; 5) PROVIDE THAT THE BUILDOUT DATE 1S ALSO THE DATE UNTIL WHICH THE PROJECT SHALL NOT BE SUBJECT TO DOWNZONING OR OTHER SIMILAR ACTIONS PURSUANT TO STATE LAW; AND 6) ALLOW FOR THE SUBMITTAL OF A BIANNUAL STATUS REPORT PURSUANT TO SECTION 380.06(18), FLORIDA STATUTES (2004), RATHER THAN AN ANNUAL REPORT; 7) CORRECT SCRIVENERS ERROR IN CONDITION 7 OF INCREMENT II ❑EVELOPMENT ORDER; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES; AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110 approving a Master development order for the Southeast Overtown/Park West Development of Regional Impact, and Resolution No., 88-111 approving the Increment I development order for the Southeast Overtown/Park West Development of Regional Impact; and WHEREAS, on September 24, 1992, the City Commission adopted Resolution No. 92-609 approving the Increment 11 Development Order for the Southeast Overtown/Park West Development of Regional Impact; and WHEREAS, on May 25, 1993, the City Commission adopted Resolution No. 93-217 amending the Increment II development order for the Southeast Overtown/Park West Development of Regional Impact; and WHEREAS, pursuant to Subsection 380.06(19), Florida Statutes (2004), on March 22, 2005, the CRA submitted a "Notification of a Proposed Change to a Previously Approved DRI," to the City of Miami, the South Florida Regional Planning Council, and the Florida Department of Community Affairs; and City of Miami Page I of 3 Printed On: 7/1/2005 File Number 05-00622 WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 15, 2005 Item No. 13, following an advertised public hearing, adopted Resolution No. PAB 60-05 by a vote of five to zero (5-0) RECOMMENDING APPROVAL of the proposed amendments to the Master and Increment ll Development Orders for the Southeast Overtown Park West Development of Regional Impact with conditions as attached hereto; and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for an amendment to the development orders for the Southeast Overtown Park West Development of Regional Impact; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to amend the Master and Increment II Development Orders for the Southeast Overtown Park West Development of Regional Impact as hereinafter set forth; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed amendments to the Master and Increment 1I Development Orders for the Southeast Overtown Park West Development of Regional Impact, (see Exhibit "A" attached hereto), do not constitute a substantial deviation and, therefore, do not require further development of regional impact review pursuant to Subsection 380.06(19), Florida Statutes (2004). This amendment is in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. Section 3. The attached amendments to the Master and Increment II Development Orders for the SEOPW Development of Regional Impact (Exhibit "A") are hereby approved. Section 4. This Resolution shall be transmitted to Mr. Paul Darst at the Florida Department of Community Affairs at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and Ms. Carolyn Dekle at the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021. Section 5. This Resolution shall become effective thirty (30) days after final reading and adoption thereof. {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 2 of 3 Printed On: ; 1/2005 File Number. 05-00622 Footnotes: {1} This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of 1 iarri Page 3 of 3 Printed On: 7/1/2005 Exhibit "A" ATTACHMENT TO: RESOLUTION NO. DATE: SOUTHEAST OVERTOWN/PARK. WEST MASTER AND INCREMENT II DEVELOPMENT ORDER MODIFICATIONS Master and Increment II Development Orders 1. 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) Incrernent III 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) Attractions/ Recreation (seats) 8,000 8,000 0 16,000 To: Land Uses Increment I Buildout - (1997-2005) Increment II BuiIdout - (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 (rooms) 0 500 600 1,100 Residential 2,000 2,000 5,000 9,000 (units) Attractions/ Recreation (seats) 8,000 8,000 0 16,000 At the time of Increment I buildout 23,128 square feet of retail use development credits remained unused. Pursuant to the Notification of Proposed Change (NOPC) dated March 22, 2005, these development credits have been rolled -over into Increment II. 2. 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 shalI 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 pleasured 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 perrnit 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 terrns 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 11 of the Project as originally approved, as measured by total peak hour vehicle trips. Exhibit A-2 includes the e uivalencv matrix u on which simultaneous increases and decreases in land use categories will be made. 4. Finding of Fact G 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 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 scriveners 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. EXHIBIT A-1 Existing DRIB Not Part of the Southeast OvertownlPark West DRY 1. Miami Arena Unless it is abandoned by resolution according to Florida Statutes. EXHIBIT A-2 Southeast Overtown Park West DRI Land Use Exchan•e Rates ':- Net External'<e : Pt:d Peak Fiorar_ . . °Tnp3 aces 1' TO: Office Commercial Hotel Residential Attraction! Recreation ;,iafid Uses _. _. ._ ,'Units_., ;= -. KSF _ _. .; KSF: :': , Rooms :43'51 -1) Lk t_ iVb.(l Tat iS FROM: 0.90 4.09 0.42 _ 0.24 11.25 Office 0.90 KSF 1.00 0.22 2.14 3.75 0.08 Commercial 4,09 KSF 4.54 1.00 9.74 17.04 0.36 Hotel 0.42 Room 0.47 0.10 1.00 1.75 0.04 Residential 0.24 DU 0.27 0.06 0.57 1.00 0.02 Attraction/Recreation 11.25 1000 seats 12.50 2.75 26.79 46.88 1.00 ' The net external PM peak hour trip rates are based upon those rates approved for Increment ll found on Exhibit 2 of Resolution 92-609.