HomeMy WebLinkAboutCRA-R-12-0063 09-24-2012 Backup■
B G RCOW RADELL & FER NAN D EZ
ZONING, LAND USE AND ENVIRONMENTAL LAW
MEMORANDUM
TO: Clarence Woods
Chelsa Arscott
FROM: Jeffrey Bercow
Melissa TapanejIlahues vect.„
SUBJECT: SEOPW DRI Increment III
Conditions 10,11 and 12 of the Master Development Order
CC: Rob Curtis
Cathy Sweetapple
Andrew Dolkart
DATE: September 12, 2012
Condition No. 23 of City of Miami Resolution 88-110 (the Master
Development Order) specifically provides that Question 9: Historical and
Archaeological Sites as they appear in the Consolidated Application for
Development Approval (CADA) have been sufficiently reviewed and shall not be.
required to be reviewed as each incremental portion of the SEOPW CRA DRI is
submitted. Notwithstanding the foregoing, City of Miami staff requested
amendments to Condition Nos. 10, 11, and 12 of the proposed amended Master
Development Order due to a concern that the issuance of the SEOPW DRI
Increment III development order may excuse or absolve a property owner or
developer from compliance with statutes, rules or codes that otherwise apply to the
development process, including federal, state and local statutes, rules and
regulations governing historic preservation and archaeological resources. The City
of Miami staff's proposed amendments to Condition Nos. 10, 11 and 12 are as
follows:
10. As part of the building permit application, prior
to approving any activity involving rehabilitation,
demolition, or structural changes to historic buildings,
require the applicant to submit 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 and drawings of proposed activities for
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assessment of the potential effect on the historic
property per Section 106, of the National Historic
Preservation Act, 1966, and Chapter 17 and 23 of the
City Code, as amended.
11. Prior to approving any permit for ground
disturbing activities related to construction or tree
removal within the designated archaeological
probability areaszones, require the applicant to comply
with contact Chapters 17 and 23 of the City Code, as
amended.thesc same two agencies to make
arrangements to survey and assess the area.
condition will not apply to those historic buildings and
aph 12 below.
12. Attempt to have all historic properties and
archaeological resources within the Project Area zone,
exhibit,, 3 ,a n (Tact, De to nt nlan) 1_
,1 1{.0
designated as Heritage Conservation districts under
Article 16 of Zoning Ordinance 9500, thc Zoning
Ordinance of thc City of Miami, as amended in
accordance with guidelines established in Chapter 23 of
the City Code, as amended.
We believe that the City's requested amendments to Condition Nos. 10, 11,
and 12 of the Master Development Order lie in the purview of the Findings of
Facts, Conclusions of Law, and Condition 1 contained within Resolution 88-110
and are not necessary. Condition No. 1 of City of Miami Resolution 88-110
expressly requires "all development to this Development Order to be in accordance
with applicable building codes, land development regulations, ordinance and other
laws". There is no language in the Findings of Fact and Conclusions of Law that
excuse or absolve a property owner or developer from compliance with statutes,
rules or codes that otherwise apply to the development process, including federal,
state and local statutes, rules and regulations governing historic preservation and
archaeological resources.
A DRI development order does not provide rights or privileges to property
owners that are not otherwise available to landowners not subject to a DRI, nor
does the DRI exempt such owners from complying with all statutes, codes, rules
and regulations applicable to the development process. To the contrary, the DRI
development order is tantamount to an overlay zoning: it is an added layer of
conditions applicable to development of land within the DRI. Condition No. 1 of
the Master DRI development order is consistent with this generally accepted rule
of DRI law.
7
BGRCOW RADELL & FERNAN DEZ
ZONING, I._ NI USE A1,10 ENVIRONMENTAL LAW
The Findings of Fact are clear: "[tjhe CADA and development order are
intended to serve as flexible guides for planned development of the Project Area
rather than a precise blueprint for its development." See Finding of Fact No. 8,
page 8. Specific projects within the DRI cannot thwart • the land development
process due to the existence of a development order that provides a flexible guide
for planned development. The Conclusions of Law provide that the development
of the DRI complies with the Miami Comprehensive Neighborhood Plan, orderly
development and goals of the City of Miami, local land development regulations,
the adopted State land development plan, and the Regional Plan for South Florida.
See Conclusions of Law B, C, and D, page 10.
We discussed this issue with City of Miami staff at a meeting on August 9,
2012. At this meeting, City of Miami staff asked that the CRA acquiesce to City of
Miami staff's request or, in the alternative, confirm that the SEOPW DRI Increment
III development order will not excuse or absolve a property owner or developer
from compliance with statutes, rules or codes that otherwise apply to the
development process, including federal, state and local statutes, rules and
regulations governing historic preservation and archaeological resources through a
formal opinion letter from our firm or binding letter from the Florida Department
of Economic Opportunity. We discussed this issue with Bill Pable and James
Stansbury at the Department of Economic Opportunity, and while they agreed on
the premise, they did not find a reference in Chapter 380, F.S., or specific precedent.
As a result, the Department of Economic Opportunity would not provide a
confirmation.
In conclusion, we believe that the proposed SEOPW DRI Increment III
Development Order will not excuse or absolve a property owner or developer from
compliance with statutes, rules or codes that otherwise apply to the development
process, including federal, state and local statutes, rules and regulations governing
historic preservation and archaeological resources. We believe that amending
Condition Nos. 10 and 11 of the Master Development Order as requested by the
City of Miami staff is problematic and outside of the scope of both the Master and
Increment III development orders. Further, we believe that amending Condition
No. 12 of the Master Development Order as requested by the City of Miami staff is
overreaching, vague and unduly burdensome to the CRA. Accordingly, we
recommend that the CRA recommend approval of the Master Development Order
without amendment to Condition Nos. 10, 11 and 12.
3
BERCOW RADELL & FERNAN DEZ
ZONING. LAN ID LI E ANI I ENVIRONMENTAL LAW
Southeast Overtown Park West
Development of Regional Impact (DRI)
Increment III Development Order Conditions
PROPOSED
THE Southeast Overtown / Park West Community Redevelopment Agency (CRA) 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.
2. Assure that any fill material utilized at the site, whether from onsite excavation activities or from
offsite sources, meets the clean soils criteria of the Florida Department of Environmental
Protection (FDEP), and Miami -Dade County Department of Regulatory and Economic Resources,
Environmental Resource Management (ERM), as applicable. In order to implement this
provision, the CRA shall draft and advocate for appropriate amendments to Chapter 14 entitled
"Downtown Development" of the Code of the City of Miami. In addition to drafting such code
amendments, the CRA shall use due diligence and its good faith efforts to lobby for and obtain
approval of such amendments by the City of Miami City Commission.
Air Quality
3. Assure that for any net new development proposed pursuant to this Development Order which
will include surface parking areas generating 1,500 (or greater) vehicle trips/hour or any parking
garage generating 750 (or greater) vehicle trips/hour, a Carbon Monoxide (CO) air quality
analysis shall be submitted, reviewed and approved by PERA, FDEP, the South Florida Regional
Planninig Council (SFRPC), and the City of Miami, prior to the issuance of a building permit for
the net new development. It shall incorporate the air quality analysis methodology from the
latest FDEP "Guidelines for Evaluating the Air Quality Impacts of Indirect Sources". The air
quality analysis shall demonstrate that the National Ambient Air Quality Standards for Carbon
Monoxide shall not be violated as a result of the net new development and should include, if
necessary, mitigation measures for which the project applicant shall be responsible.
4. If the results of the air quality analysis, as described in Condition 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 analysis pursuant to
Condition 3 above. The program may include 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 area(s).
5. If the results of the air quality analysis, 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 exceedances will not
occur, or that the Net New Development seeking approval will not contribute to the
Development Order Conditions SEOPW DRI — Increment III
Page 1
predicted CO violation, or that any potential CO additions for each Net New
Development have been or will be mitigated, subject to City approval (subsequent to
review and comment by FDEP and ERM (or its successor agency), prior to issuance of
building permits for the particular Net New Development.
b. Withhold the issuance of any building permits for Net New Development that shows CO
exceedances.
Transportation
6. a. Based upon the transportation impacts to regional facilities generated by the Total
Allowable Development for Increment III, pay or contract to pay $1,871,626
(proportionate share in 2011 dollars), to be expended on multi -modal corridor
enhancements within the SEOPW DRI that encourages transit usage to reduce impacts
to the regional roadway network. Upon final adoption of the SEOPW DRI development
order for Increment III, the CRA shall work with the City of Miami (City) to amend
Chapter 13, Article III of the City Code to update the SEOPW DRI Supplemental Fee to
enable the collection of $1,871,626 (from the Increment III Total Allowable
Development) which will be used to implement the multi -modal corridor enhancements
promoting pedestrian access and access to transit within the SEOPW DRI and the CRA.
b. Pay or contract to pay the proportionate share amount stated above within 60 days
from the date of issuance of Certificates of Occupancy for net new development in
Increment III that generates 6363 net external PM peak hour trips, which equates to
73% of the 8681 net external trips for total allowable development within Increment III.
7. Require Net New Developments to comply with City of Miami Code of Ordinances Sec. 14-182. —
Transportation control measures, as amended. In order to implement this provision, the CRA
shall draft and advocate for appropriate amendments to Chapter 14 entitled "Downtown
Development" of the Code of the City of Miami. In addition to drafting such code amendments,
the CRA shall use due diligence and its good faith efforts to lobby for and obtain approval of
such amendments by the City of Miami City Commission.
8. Continue to advocate, market and implement Transportation Demand Management (TDM)
strategies within the SEOPW DRI boundaries (in accordance with Section 14-182,
"Transportation Control Measures" of the City Code as amended), to promote a general
reduction in vehicular traffic by increasing auto occupancy and transit ridership through the
implementation of one or more of the following measures:
• Employer based parking management and ridesharing programs to promote carpooling,
vanpooling, car sharing and the use of hybrid vehicles; the installation of electric vehicle
charging stations incorporated into project parking facilities;
• Employer sponsored programs such as transit discounts, fare subsidies, transit fare tax
incentives, staggered work schedules, flexible work hours, compressed work weeks, and
telecommuting programs;
Development Order Conditions SEOPW DRI— increment Ill
Page 2
• Site plan amenities such as improved pedestrian access to transit stops, stations and
shelters, the construction of transit shelters, transit drop-off locations or pull-out bays, and
the construction of bicycle storage facilities.
This information shall be biennially updated and submitted as part of the Biennial Status Report
included in Condition 18 below.
Housing and Economic Development
9. The Co -Applicants shall assure that units affordably -priced for very low and low income
households shall be provided in an amount equivalent to at least 10 percent of the number of
units proposed for development in the Increment, with such affordably -priced units including
solely newly -constructed units. Units rehabilitated during the increment will not be considered
for the purpose of determining qualifying units. The affordably -priced units credited toward
achieving the afore -stated goal shall remain affordably -priced for a period of at least 20 years.
10. The SEOPW CRA and/or its designee shall continue to operate and/or sponsor job and business
training programs at a level at least consistent with its current activity and continue to sponsor
job placement events to assist those that successfully complete its programs to find
employment. Further, it will continue to provide grants in an amount equal to those awarded
currently to those completing its business training program to assist them to start new
enterprises or expand their existing enterprises. Within 6 months of an effective SEOPW
Increment III development order, the SEOPW CRA shall adopt a resolution that explicitly
recognizes the need to maintain training programs designed to facilitate residents of the SEOPW
Redevelopment Area to access the jobs that will be housed in the Increment III development.
11. Continue its current practice of encouraging businesses and/or developers receiving financial
assistance from the SEOPW CRA, including assistance in the form of tax increment rebates, to
hire residents of the SEOPW Redevelopment Area both during the construction period and on a
permanent basis.
12. Continue to make good faith efforts to ensure that companies locating in the Increment III
development are aware of the area's State designated Enterprise Zone status, which means that
firms that hire Zone residents can utilize a number of tax saving incentives.
Energy and Water
13. Consistent with the City of Miami's Zoning Code "Miami 21" and/or requirements imposed by
the SEOPW CRA, all new development built or rehabilitated during Increment III will be energy
and water efficient and incorporate appropriate Florida friendly landscape standards.
Administration
14. Jointly with the City, prepare a biennial analysis of the number of businesses and persons
employed within the SEOPW DRI area utilizing data available via the US Census Bureau
Longitudinal Employer -Household Dynamics. Submit the analysis as part of the Biennial Status
Report.
Development Order Conditions SEOPW DRI — Increment III
Page 3
15. Require Net New Developments to comply with City of Miami Code of Ordinances Sec. 14-181. -
Environmental regulations, as amended.
16. Have the authority to assess development for its proportionate share of the cost of
improvement and/or services necessary to monitor and/or mitigate any adverse impacts
resulting from said development. The City and CRA 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 and CRA shall establish a
procedure for rebating any such funds collected in excess of those funds attributable to a
particular development.
17. Integrate all original and supplemental Application for Development Approval (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, one copy to the Florida Department of
Transportation, and one copy to the Florida Department of Economic Opportunity (DEO) 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)" indicating that the page was revised, and
"Date" stating the date of the revision.
18. Prepare a biennial report with the cooperation of the City and submit copies to the South
Florida Regional Planning Council, the City of Miami Clerk and Florida Department of Economic
Opportunity on or before the anniversary date of this Development Order. The biennial report
for SEOPW — Increment III must also be incorporated into the biennial report required in the
SEOPW Master Development Order so that a single biennial report is compiled for the entire
Project. The biennial report shall include, at a minimum:
a. A complete response to each question in Exhibit XXX.
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.
d. An assessment of the Co -Applicants' compliance with the conditions of approval
contained in this Development Order and the commitments which are contained in the
ADA and which have been identified by the City, the South Florida Regional Planning
Council, or the DEO as being significant.
Development Order Conditions SEOPW DRI — Increment III
Page 4
0
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 biennial report in
conformance with F.S. 380.06(18) (2011).
h. A copy of any recorded notice of the adoption of this Development Order or any
subsequent modification that was recorded by the Co -Applicants pursuant to F.S.
380.06(15) (2011).
Any other information required by DEO in accordance with F.S. 380.06(18) (2011).
j. A comparison of the amount of development approved in each land use category and
the amount of land use actually developed as of the end of each year in accordance with
9J-2.025(7).
THE CITY SHALL:
19. 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. The City shall place reasonable time limits on all
building permits to assure that construction progresses within a reasonable period of time after
approval to prevent stockpiling of reservations for Development Credits. The time limit
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.
20. At the time of an application for a Building Permit for any Net New Development (or upon
earlier payment of SEOPW DRI Supplemental Fee), 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. Total Allowable
Development will be limited to:
x:A
,;: R
"`nia,
. r. 6 , r ° ota�lAji ,.1041'e Deuelo, 1ment fi
ii4Use x
5 � _ �
"'� k .., ,..
C
es rea,
(W 4 • f"
•
1i ! iA K'
East Area
n, , as0 N y, o
�u ) :
Tb to a
-rAllowa .te ,.
�" :Development, •
Office (sf)
250,000
2,050,000
2,300,000
Retail (sf)
400,000
850,000
1,250,000
Residential (du)
2,000
2,000
4,000
Hotel (rooms)
100
2,000
2,100
Recreation (seats)
0
0
0
Conference (sf)
0
200,000
200,000
The City, with prior notice to the CRA, may permit simultaneous increases and decreases in the
above described land use categories within each of the above noted Areas consistent with
Development Order Conditions
SEOPW DRI — Increment III
Page 5
Exhibit XXX attached hereto, without the need of filing for an NOPC (Notice of Proposed Change)
provided that the regional impacts of the land uses in Increment III of the Project as approved,
as measured by total peak hour vehicle trips are not increased. In addition to the foregoing, if
an individual property owner requests an administrative exchange of land use credits between
the East Area and the West Area it will require the property owner to seek approval of the CRA
Board prior to the City permitting the exchange of land use credits, based on the following
criteria:
(a) The proposed development's consistency with the Goals, Objectives and Policies
of the Miami Comprehensive Neighborhood Plan;
(b) The proposed development's consistency with the Goals and Guiding Principles
of the Southeast Overtown/Park West Community Redevelopment Plan; July, 2009, as
amended;
(c) The proposed development's consistency with Section 3.13 of Miami 21 entitled
Sustainability; and
(d) The impact of the proposed administrative exchange on Increment III's Total
Allowable Development for the remaining portion of the DRI and the degree to which
the proposed administrative exchange will impede redevelopment efforts of the DRI as
a whole.
In addition, the proposed development shall either:
(e) create affordable housing or generate employment opportunities for residents
located within the DRI; or
(f)
redevelop a blighted or environmentally contaminated site.
21. Review Net New Development that exceeds 200,000 square feet and/or 199 dwelling units to
determine if additional analysis is needed, such as, but not limited to, a site specific traffic study
and school concurrency determination to ensure infrastructure capacity will be available
concurrent with the impacts of development, as may be required by the City's Miami
Comprehensive Neighborhood Plan (MCNP) and Zoning Code.
22. Establish December 31, 2027 as the date until which the City agrees that the SEOPW -
Increment III 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 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 Co -
Applicants, or that the change is clearly essential to the public health, safety or welfare.
23. In the event any entity controlled by the CRA 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
Development Order Conditions SEOPW DRI — Increment III
Page 6
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 unless the violator does not diligently
pursue the curative action to completion within a reasonable time. In such event the City will
give 15 days' notice to the violator of its intention to stay the effectiveness of this Development
Order as to the Parcel of Land on which the violation has occurred, and withhold further
permits, approvals, and services to the Parcel of Land in which the violation has occurred until
the violation is cured. The terms of this paragraph may be modified from time to time by
written agreement by the CRA, 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.
24. Designate the Planning Director, City of Miami Planning and Zoning, to monitor compliance with
all conditions of this Development Order and 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. 380.06 (2011), or duly
promulgated and adopted rules there under. The Planning Director shall send a copy to the CRA
of all written interpretations of the provisions of this Development Order and promulgation of
all implementing rulings, regulations, and procedures. Appeals to decisions of the Planning
Director may be filed pursuant to procedures set forth in Section 7.1.5 of the Miami 21 Code,
the Zoning Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be
subject to the provisions of Condition 23 herein.
25. Continue to coordinate with the City's Police Department to ensure adequate provision of police
services for the project.
26. Continue to work with the City's Fire Department to ensure the adequate provision of
fire/rescue services necessary to serve the project.
GENERAL CONDITIONS:
27. The CADA is incorporated herein by reference and will be relied upon by the parties in
discharging their commitments and statutory duties under F.S. 380.06 (2011), and local
ordinances. Substantial compliance with the factual representations contained in the CADA is a
condition for approval.
28. All terms, proposals, suggestions and procedures proposed in the ADA, but not specifically
incorporated in this Development Order, shall not be considered a part of the CADA 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 applicable to the City are specifically enumerated herein.
Development Order Conditions SEOPW DRI — Increment Ill
Page 7
29. The deadline for commencing any development shall be five (5) years from the effective date of
this Development Order. The termination date for authorizing development by issuing a
building permit (the "buildout date") shall be December 31, 2025, provided that the Co -
Applicants, or their successors and assigns, complies with Condition 18 (biennial report
condition) herein. The buildout date may only be modified in accordance with F.S. 380.06(19)
(c) (2011).
30. The effective date of this Development Order shall be 45 days from its transmittal to the state
land planning agency, South Florida Regional Planning Council, and Co -Applicants; 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 (2011).
31. December 31, 2027, is hereby established as the expiration/termination date for the
development order. The expiration/termination date may only be modified in accordance with
Section 380.06(19) (c), F.S.
32. 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) (2011), specifying that the
Development Order runs with the land and is binding on the Co -Applicants, their successors,
and/or assigns, jointly or severally.
33. 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. 380.06 (2011). 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).
34. 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, except as set forth herein.
35. In the event that a substantial deviation is determined under the terms of this Development
Order or F.S. 380.06 (2011), the City shall retain its ability to issue building permits and shall
continue to do so unabated, subject to the terms and conditions of this Development Order.
36. 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 to it by state law, be permitted to continue to
issue building permits and Certificates of Occupancy until such time as a final resolution of the
litigation occurs.
Development Order Conditions SEOPW DRI — Increment III
Page 8
Southeast Overtown Park West (SEOPW)
Development of Regional Impact (DRI)
Master Development Order Conditions
NAME OF DEVELOPMENT: Southeast Overtown/Park West Development of Regional
Impact
NAME OF DEVELOPER: City of Miami Community Redevelopment Agency (CRA)
City of Miami
AUTHORIZED AGENT OF DEVELOPER: Southeast Overtown/ Park West Community Redevelopment
Agency and City of Miami.
MASTER DEVELOPMENT ORDER BUILDOUT DATE: December 31, 2025
MASTER DEVELOPMENT ORDER TERMINATION DATE: December 31, 2027
MASTER DEVELOPMENT ORDER EXPIRATION DATE: December 31, 2029
PROJECT DESCRIPTION: The Project consists of development in the Southeast Overtown / Park West
Community Redevelopment Area through December 31, 2025, including the following land uses and
increments:
Land Uses Increment I Increment 11 Increment III Totals
(1988-1997) (1992-2019) (2012-2025)
(g Office 166,000 337,000 2,300,000 2,803,000
Commercial
(gsf)
72,272
94,828 1,250,000
1,417,100
Hotel 0 500 2,100
2,600
(rooms)
2,000 2,000 4,000
Residential 8,000
(units)
Attractions/ 8,000 8,000 0 16,000
Recreation
(seats) 200,000 200,000
Conference 0 0
(sf)
Pursuant to F.S. 380.06(25) (1987), as amended, 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 (Not the amended
SEOPW Redevelopment Area Boundary), 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.
Master Development Order Conditions
SEOPW DRI
Page 1
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
the Southeast Overtown / Park West Community Redevelopment Area 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 20 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued,
pursuant to the Florida Building Code, for any "Net New Development" as defined herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DEO: The Department of Economic Opportunity, (DEO), formerly known as the Department of
Community Affairs.
Development Credits: The individual units of land uses included within Total Allowable Development, as
measured by square footage, or number of dwelling units, hotel units, or seats.
Development Order (DO): An order granting, denying, or granting with conditions an application for a
development permit.
DRI: Development of Regional Impact.
ERM: The Miami -Dade County Department Regulatory and Economic Resources, Environmental
Resources Management, formerly known as the Department of Environmental Resource Management.
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.
Miami 21: The Zoning Ordinance of the City of Miami, Ordinance No. 13177, adopted May 13, 2010, 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 attraction/recreation facilities or
gross square footage for office, government offices, 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. Simultaneous increases and decreases in land use
categories may be approved without necessity of a notification of a proposed change to a previously
approved DRI. 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.
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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.
Pro'ect: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein.
Protect Area: The area included within the legal description in Exhibit 2 (Bounded by 1-95, 1-395, 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 Order, together with any
attendant Incremental Development Order, and as may be modified pursuant to F.S. 380.06(19) (1987),
as amended. 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.
Furthermore, "telecommunications hubs" are a permitted 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 equipment for directing or facilitating
communications traffic. However, under no circumstances shall this total amount of the
"telecommunications hub" use exceed 15% of the DRI land area.
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 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 Miami pursuant to F.S. 380.06(25) (1987), as amended,
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.
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
Southeast Overtown/Park West Community Redevelopment Area rather than requiring each
individual DRI scale development within the downtown area to file for separate DRI reviews.
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F. Development within the Project Area, as described in the Definitions, is expected to continue to
be accomplished over an extended period of time by a variety of developers, which may include
the CRA and 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(21)(b) (1987), as amended, the CADA seeks
master development approval for three increments of development over a period of
approximately forty 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 will 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 209 acres. 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, as established in the Definitions, is not located in an area of critical state concern as
designated pursuant to F.S. 380.06 (1987), as amended.
I. A comprehensive review of the probable impacts that will be generated by the Project has been
conducted by various City departments and state and regional agencies, 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
Southeast Overtown / Park West Community Redevelopment Area — Master", dated January 4,
1988 and the report and recommendations of the South Florida Regional Planning Council,
entitled "Development of Regional Impact Assessment for Southeast Overtown / Park West
Community Redevelopment Area — Increment III", dated February 6, 2012. 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 State comprehensive plan and the Strategic Regional Policy
Plan for South Florida.
L. The Project is consistent with the adopted Miami Comprehensive Neighborhood Plan.
M. The Project as originally approved is in accord with the district zoning classifications of Zoning
Ordinance 9500, as amended. Increment III of the Project, as amended, will be consistent with
the Miami 21 Zoning Code and other City land development regulations.
N. The Project will have a favorable impact on the economy of the City.
P. The Project will efficiently use public transportation facilities.
Q. 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 mitigation measures to assure that it will not adversely affect
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.
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V. There is a public need for 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 and the CRA are authorized to make application for development approval
and receive a development order.
B. The Project complies with the Miami Comprehensive Neighborhood Plan, is consistent with the
orderly development and goats of the City of Miami, and complies with local land development
regulations.
C. 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 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. 380.06 (1987), as amended.
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 developed as City
parks, shall not constitute a substantial deviation under F.S. 380.06 (1987), as amended .
ACTION TAKEN:
That, having made 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 following conditions:
THE CITY, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERALLY MAY ISSUE BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY FOR NET NEW 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 with
applicable building codes, land development regulations, ordinances, and other laws.
2. Within 6 months of the effective date of this Development Order, adopt and implement a
uniform ordinance that incorporates a requirement that Net New Development 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 Developments shall place
temporary screens, berms, and/or rip -rap around sites under construction to filter or retain
stormwater runoff during construction.
4. Within 6 months of the effective date of this Development Order, adopt and implement a
uniform ordinance or establish an accepted procedure to require Net New Developments to
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design, construct, and maintain stormwater 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 for Development
Approval (CADA). Consistent with the CADA, individual drainage systems must be designed
to retain at least the first one -inch of stormwater runoff within drainage wells and
exfiltration trenches.
b. Install pollutant retardant structures (catch basin with down -turned inlet pipe or other Dade
County DERM-approved device) to treat all stormwater runoff at each individual drainage
structure and/or well and periodically remove pollutant accumulations.
c. Limit application of pesticides and fertilizers in vegetated stormwater retention areas to
once per year for preventive maintenance and to emergencies, such as uncontrolled insect
infestation.
d. Vacuum sweep all parking lots of eleven or more vehicle spaces and private roadways
serving the parking 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 pursuant to Condition 4a. above) into surface waters.
5. Require Net New Developments to comply with Miami -Dade County hazardous waste
requirements by the adoption and implementation of a uniform ordinance providing for
hazardous materials accident prevention, mitigation, and response standards, as described in
Condition 5(a) through 5(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 Standard
Industrial Classification (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-8 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 simultaneously amended upon the addition or deletion
of any or all of the listed uses, materials, or wastes by amendment to the "County and Regional
Hazardous Waste Assessment Guidelines" incorporated by Rule 17-31.03(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, or stored 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.
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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.
d. Require all hazardous waste generators to contract with a licensed public or private
hazardous waste disposal service or processing facility and provide Miami -Dade County ERM
copies of the following forms of documentation or proper hazardous waste management
practices:
• a hazardous waste 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 Miami -
Dade County ERM and Florida Department of Environmental Protection, 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 Florida Department of Environmental Protection.
g. Notify any tenant generating wastes of the penalties for improper disposal of hazardous
waste pursuant to F.S. 403.727.
h. Allow reasonable access to facilities for monitoring by Miami -Dade County ERM, Council
staff, and the Florida Department of Environmental Protection to assure compliance with
this Development Order and all applicable law and regulations.
6. Enact an ordinance requiring Net New Development to remove all invasive exotic plants,
including Melaleuca, Casuarina, and Brazilian Pepper, from their parcel of land as the parcel is
cleared, and use only those plant species identified in Appendix 8-4 of the CADA 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 not require excessive fertilizer application
c. Is not prone to insect infestation or other pests
d. Is not prone to disease
e. Does not have invasive root systems
f. Such other criteria as may be appropriate
7. 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 Net New Developments.
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8. Collaborate with the Miami -Dade County School Board, by providing planning information and
information on Net 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.
9. 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).
10. As part of the building permit application, prior to approving any activity involving rehabilitation,
demolition, or structural changes to historic buildings, require the applicant to submit 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 for assessment of the potential effect on the historic property.
11. Prior to approving any permit for ground disturbing activities related to construction or tree
removal within the archaeological zones, 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 archaeological 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 (Master
Development Plan) herein designated as Heritage Conservation districts under Article 16 of
Zoning Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended.
13. As part of the building permit application require the applicant, pursuant to state law, to notify
the Florida Department of State Division of Archives, History, and Records Management of
construction schedules, and where potentially significant historical or archaeological artifacts
are uncovered during construction, permit State and local archaeological officials to survey and
excavate the site. When required by law, delay construction for up to 3 months in any portion
of the construction site necessary to permit the archaeological survey and excavation to be
completed.
14. Monitor development and redevelopment activities to ensure that for each habitable unit of low
income housing eliminated within the Project Area, the CRA will assist in the provision of
standard low-income housing through new construction and/or rehabilitation within the City of
Miami SEOPW CRA. Any net Toss of habitable low-income units within the study area must be
counterbalanced by a gain in another area of the city's SEOPW CRA Redevelopment Area, as
amended and designated in 2009.
15. Withhold issuance of building permits 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 the new development.
16. 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 to
meet the needs of that development.
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17. Withhold the issuance of building permits for Net New Development that cannot obtain a letter
of availability from the appropriate agency that solid waste disposal capacity will be sufficient to
meet the needs of that development.
13. 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 for the Southeast Overtown/Park West
Community Redevelopment Area, 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."
MONITORING, REPORTING, AND ENFORCEMENT:
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. The City, whenever practical, will
place reasonable time limits on all building permits to assure that construction progresses
within a reasonable period of time after approval to prevent stockpiling of reservations for
Development Credits. The reservations of development credits shall not exceed the period of
time provided in the applicable building permit(s).
20. At the time of an application for a Building Permit for any Net New Development (or upon
earlier payment of SEOPW DRI Supplemental Fee associated with the approval of any Special
Permit), 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.
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 Economic
Opportunity 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 page of the ADA will be replaced
with revised pages.
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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.
22. The CADA is incorporated herein by reference and will be relied upon by the parties in
discharging their statutory duties under F.S. 380.06 (1987), as amended, and local ordinances.
Substantial compliance with the factual representations contained in the CADA is a condition for
approval unless waived or modified by agreement among the Council, City, and Applicant, its
successors, and/or assigns.
23. All terms, proposals, suggestions, and procedures proposed in the ADA, but not specifically
incorporated in this Development Order, shall not be considered a part of the CADA 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.
24. The following regional issues as they appear in the CADA have been sufficiently reviewed for the
total Project (extending through the year December 31, 2029) and shall not be required to be
reviewed as each incremental portion of the Southeast Overtown/Park West Community
Redevelopment DRI is submitted.
Maps:
Map A — Location
Maps B-1, B-2, B-3, B-4 — Aerial Photo(s)
Map C-5 — Flood Zones
Map — D1 — Existing Land Use
Map E — Solis
Map F —Vegetation
Map 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 8: Vegetation and Wildlife
Question 9: Historical and Archeological Sites
Question 12: Other Public Facilities
C. Energy
D. Education
E. Recreation and Open Space
Question 13: Housing
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25. The following regional issues as they appear in the CADA have not been sufficiently reviewed for
the total Project (extending through the year December 31, 2029) and, as appropriate, will be
required to be reviewed as each incremental portion of the Southeast Overtown/Park West
Community Redevelopment Area DRI is submitted:
Question 1:
Maps:
Question 3:
Question 4:
Question 10:
Question 11:
Question 12:
Applicant Information
Map H — Master Development
Map J series —Transportation Network
Display graphics and boards
Project Description
Air Quality
Employment and Economic Characteristics
Transportation
Other public facilities
A. Wastewater, water, 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 11: Transportation.
27. The CRA shall prepare a biennial report and submit copies to the Council, the City Clerk, and
Florida Department of Economic Opportunity on or before each anniversary date of this
Development Order. As each development increment receives a Development Order, the
biennial report shall include the development covered by the incremental Development Order
so that a single biennial report is compiled for the entire project. The biennial 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 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
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Application for Development Approval and which have been identified by the City, the
Council, or the Department of Economic Opportunity as being significant.
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 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 biennial report in conformance
with F.S. 380.06(18) (1987) as amended.
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) as
amended,.
i. A report from ERM of any known violations of the hazardous waste requirements contained
in paragraph 5 herein.
j. The number of low -incoming housing units lost from demolition and conversion within the
Project Area, as well as the total number of new low income housing units within the City's
SEOPW Redevelopment Area as amended and designated in 2009.
k. Any other information required by the Department of Economic Opportunity (DEO), or
subsequent state agency, in accordance with F.S. 380.06(18) (1987), as amended.
28. 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, 2027, 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)
(2011). The expiration date for the development order shall be December 31, 2029.
29. The effective date of this Development Order shall be 45 days from its transmittal to the Florida
Department of Economic Opportunity (DEO), 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), as amended.
30. 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 of the provisions of this Development Order 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
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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 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 CRA, 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.
31. The Planning Director, or designee, 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 of or
F.S. 380.06 (1987), as amended, or duly promulgated and adopted rules there under. Appeals of
decisions of the Planning Director may be filed pursuant to procedures set forth in the Zoning
Ordinance of the City of Miami, Florida, as amended. Any noncompliance shall be subject to the
provisions of Paragraph 30 herein.
32. The South Florida Regional Planning Council DRI report and recommendations, entitled
"Development of Regional Impact Assessment for Southeast Overtown/Park West Community
Redevelopment Area — Master" dated January 4, 1988, is incorporated herein by reference.
33. 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), as amended, specifying that
the Development Order runs with the land and is binding on the Applicant, its successors,
and/or assigns, jointly or severally.
34. 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, notwithstanding
the existence of this Development Order. In the event that such an individual development
order is approved and becomes effective, 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 and
conditions of this Development Order.
35. 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. 380.06(1987), as amended. 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).
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0
36. 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.
37. In the event that a substantial deviation is determined under the terms of this Development
Order or F.S. 380.06 (1987), as amended, the City shall retain its ability to issue building permits
and other development approvals and shall continue to do so unabated, subject to the terms
and conditions of this Development Order.
38. 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 and other development approvals until such time as a final resolution of
the litigation occurs.
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ARTICLE III. - SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE
Sec. 13-96. - Short title.
Sec. 13-97. - Intent.
Sec. 13-98. - Findings.
Sec. 13-99. - Authority.
Sec. 13-100. - Imposition of fee.
Sec. 13-101. - Definitions.
Sec. 13-102. - Southeast Overtown/Park West development supplemental fee
coefficients.
Sec. 13-103. - Procedure for calculation of Southeast Overtown/Park West
development supplemental fee.
Sec. 13-104. - Administration of Southeast Overtown/Park West development
supplemental fee.
Sec. 13-105. - Bonding of capital improvement projects.
Sec. 13-106. - Appeal procedures; impact fee board of review.
Sec. 13-107. - Effect of Southeast Overtown/Park West development supplemental
fee on planning, zoning, subdivision, and other regulations.
Sec. 13-108. - Southeast Overtown/Park West development supplemental fee as
additional and supplemental requirement.
Secs. 13-109-13-135. - Reserved.
Sec. 13-96. - Short title.?
This article shall be known and cited as the "City of Miami Southeast Overtown/Park
West development supplemental fee ordinance."
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-61)
Sec. 13-97. - intent. V
(a)
This article is intended to impose the Southeast Overtown/Park West development
supplemental fee as a supplemental fee on a new development within the Southeast
Overtown/Park West project area, utilizing the defined terms in section 13-101 below.
The Southeast Overtown/Park West development supplemental fee comprises four
components including a transportation mitigation fee, an air quality fee, a DRI/master
plan recovery fee and an administration fee. The Southeast Overtown/Park West
development supplemental fee is payable prior to the time of building permit
issuance or upon approval of certain permits, as provided for herein, in an amount
based upon the appropriate units of land use, in order to mitigate the impacts of the
proposed development in the project area as described in exhibit 1, since the
demand for the mitigation is uniquely attributable to such new development and net
new development on an area -wide basis.
(b)
This article shall be uniformly applicable to all new development and net new
development within the project area. However, certain fees applicable to affordable
housing, as defined herein, shall be borne by the City of Miami through the
Southeast Overtown/Park West community redevelopment project, as provided in
section 13-101 below. This fee shall not be uniformly applicable to any activity which
is not classified as new development or net new development as defined herein or
which has, on the effective date of the Southeast Overtown/Park West DRI
development orders, a valid building permit or currently effective DRI development
order.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-62)
Sec. 13-98. - Findings.
The city commission of Miami, Florida (hereinafter "commission") hereby finds and
declares that:
(3)
The real property which is the subject of this article, the project area, is
legally described in exhibit 1.
The city has filed a CADA with the city, the South Florida Regional Planning
Council, and the i state land planning
agency.
The purpose of the CADA is to identify and assess regional impacts and to
obtain approval for total allowable development in accordance with the
general guidelines set forth in the development orders and the CADA. The
city has recognized the project area as a single area of high intensity
development and focused on the impacts that the total allowable
development within the project area will have on land, water, transportation,
environmental, community services, energy and other resources and
systems of regional significance. The CADA seeks a single state DRI review
process for overall phased development of the project area rather than
requiring each individual DRI scale development within the project area to be
reviewed separately other than for a major use special permit and as a
means of accommodating the impacts of the non-DRI scale cumulative
growth on the project area.
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(b) (200411), the CADA
seeks master development approval for three increments of development
over a period of approximately 2540 years and specific development
approval for increment IS and increment II, and increment III. Subsequent
incremental applications may need to be adjusted to more nearly serve the
evolution of market demand and technologies.
The project area contains a total of approximately.209 acres. The CADA has
proposed a quantity of net new development within the project area for the
land uses and phases defined herein as total allowable development.
A comprehensive assessment of the probable impacts that will be generated
by the total allowable development has been conducted by various city
departments, as reflected in the CADA, and as reviewed by the South Florida
Regional Planning Council staff.
The impacts found in the development order are consistent with the reports
and recommendations of the South Florida Regional Planning Council,
entitled "Development of Regional Impact Assessment for Southeast
Overtown/Park West Community Redevelopment Area," dated January 4,
1988 for increment I of the Southeast Overtown/Park West DRI; August 3,
1992 for increment II; and February 6, 2012 for increment III.
Net new development imposes demands upon public facilities and services
benefiting the region and requires additional regional infrastructure.
To the extent that net new development places demands upon regional
public facilities and services, those demands should be satisfied by
developments actually creating the demands.
(12)
(13)
(14)
(15)
The limiting factors determining the amount of potential development in the
project area are the effects of net new development on transportation
facilities and air quality.
The Southeast Overtown/Park West DRI and the Southeast Overtown/Park
West master plan are of benefit to all net new development in the project
area, and expenses incurred by the city in connection with the preparation
and adoption of the Southeast Overtown/Park West DRI/master plan and for
the enforcement of the development orders should be reimbursed to the city
by the net new development benefiting therefrom.
The total amount of the Southeast Overtown/Park West development
supplemental fee is determined by the cost of the four components of the fee:
1) transportation mitigation fee; 2) air quality fee; 3) Southeast
Overtown/Park West DRI/master plan recovery fee; and 4) administrative fee.
The most appropriate measure to distribute the proportionate share of the
cost of the transportation mitigation fee and the air quality fee shall be the
average rate of generation of p.m. peak hour external motor vehicle trips for
net new development in each land use category, as utilized in the CADA.
DRI/master plan recovery fees and administration fees are not appropriately
allocated to all net new development at an equal rate for all land use
categories.
The Southeast Overtown/Park West development supplemental fee is being
imposed on all net new development in order to pay the costs of certain
development order related requirements, as described above. Since the
demand for such development order related requirements are uniquely
created by the new development, the Southeast Overtown/Park West
development supplementary fee is equitable and does not impose an unfair
burden on such development is in the best interest of the city and its
residents.
The primary objectives of the Southeast Overtown/Park West community
development plan are the removal of slum and blight and encouragement of
affordable housing development.
The city commission, via Resolution No. 87-619, has found that a housing
emergency exists within the city. This condition continues to exist. Thus, the
findings and conclusions of Resolution No. 87-619 are incorporated herein by
reference and made a part hereof.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-63; Ord. No. 12745, § 2, 12-1-05)
Sec. 13-99. - Authority.
The city commission is authorized to establish and adopt a Southeast Overtown/Park
West development supplemental fee pursuant to the authority granted by the Florida
Constitution, article VII, sections 1(f), 1(g) and 2(b), the Municipal Home Rule Powers Act,
F.S. Ch. 166 (2004); the city Charter, the Local Government Comprehensive Planning and
Land Development Regulation Act (F.S. § 163.3161, amended by F.S. § 163.3177 in 1986),
the Florida Impact Fee Act (F.S. § 163.31801), and the Southeast Overtown/Park West
development of regional impact development order issued by resolution numbers 88-110,
88-111, aR4 92-609, and 12- , as amended. The provisions of this article shall not be
construed to limit the power of the city to adopt such article pursuant to any other source of
authority nor to utilize any other methods or powers otherwise available for accomplishing
the purposes set forth herein, either in substitution of or in conjunction with this article.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-64; Ord. No. 12745, § 2, 12-1-05)
Sec. 13-100. - Imposition of fee.0
(a)
Except as may be provided in section 13-104, no building permits or major use
special permits shall be issued for any new development as herein defined unless
the applicant therefor has paid the Southeast Overtown/Park West development
supplemental fee imposed by and calculated pursuant to this article or payment of
such fee as been borne by the city.
(b)
Notwithstanding the foregoing, any project that requires payment of Southeast
Overtown/Park West supplemental fees prior to the issuance of a building permit, the
planning director may grant one extension of time, not to exceed 360 days, pursuant
to a timely written request by an applicant, for such payment of fees from time of
foundation permit to time of shell permit only, upon a finding that the time extension
is warranted due to particular financing aspects of the proposed project.
(c)
Payment of required Southeast Overtown/Park West supplemental fees from
governmental agencies or authorities, that do not have to obtain building permits
from the city, shall be due prior to commencement of construction of the proposed
project.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-65; Ord. No. 12745, §2, 12-1-05)
Sec. 13-101. - Definitions.,
As used in this article, the following words and terms shall have the following
meanings, unless another meaning is plainly intended:
ADA or application for development approval shall mean the original application for
development approval for the Southeast Overtown/Park West community redevelopment
project area filed by the city on February 6, 1987, pursuant to F.S. § 380.06 (208411), as
amended by the increment II ADA filed in 1992 and the increment HI ADA filed in 2011.
Administrative fees shall mean a fee charged to all new development to pay for the
city's administrative costs for enforcing the terms and conditions of the Southeast
Overtown/Park West development orders, including but not limited to preparation of
ordinances and procedures, review of permit applications, monitoring compliance with
requirements, and enforcing violations; and which shall be a component of the Southeast
Overtown/Park West development supplemental fee.
Affordable housing shall mean housing for families and individuals with incomes
under 120 percent of the median income in Miami -Dade County.
Air quality fees shall mean a fee charged to all net new development to pay for the
city's costs for air quality monitoring, modeling and mitigation measures as required in the
increment I, and increment II, and increment III development orders for Southeast
Overtown/Park West, and which shall be a component of the Southeast Overtown/Park West
development supplemental fee.
Applicant shall mean individual, corporation, business trust, estate, trust, partnership,
association, two or more persons acting as coapplicants, any county or state agency, any
other legal entity, or the authorized representative of any of the aforementioned, signing on
application for a building permit.
Building permit shall mean any permit required for new construction and additions
pursuant to section 301105 of the South Florida Building Code.
CADA or consolidated application for development approval shall mean the revised
ADA prepared pursuant to the requirements of F.S. § 380.06 (19872011).
Certificate of occupancy shall mean a permanent or temporary and/or partial
certificate of occupancy issued, pursuant to the Florida Building Code.
City shall mean the City of Miami, Florida.
Class II special permit shall have the meaning given within city Ordinance Number
11000, as amended, the zoning ordinance for the City of Miami.
Commission shall mean the city commission of Miami, Florida.
Comprehensive plan shall mean the city's plan for future development adopted by
city ordinance number 10544, and as may be amended and updated from time to time.
Convention use shall mean meeting rooms, banquet halls, exhibition halls,
auditoriums, and their auxiliary spaces intended for use by conventions, seminars,
exhibitions, and the like; which shall exceed the minimum standard for ancillary facilities
within the definition of hotel use.
CRA shall mean the city Southeast Overtown/Park West Community Redevelopment
Agency.
DO or Southeast Overtown/Park West development order shall mean the master
and/or increment I, and/or increment II, and increment III development orders for the
Southeast Overtown/Park West community redevelopment area as a development of
regional impact, issued by the city by Resolution Numbers 88-110, and 88-111, and
Resolution Number 92-609, and Resolution 12- t as amended.
DRI shall mean development of regional impact. DRI/master plan recovery fee shall
mean a fee charged to all new development to reimburse the city and/or the CRA for costs
incurred in the DRI/master plan study and future related studies in accordance with the
CADA and the Southeast Overtown/Park West development orders, and which shall be a
component of the Southeast Overtown/Park West development supplemental fee.
DU or dwelling unit shall have the meaning given to "dwelling unit" in the zoning
ordinancemean a residence of a single housekeeping unit.
Hotel use shall mean any facility containing more than one "lodging unit," as defined
goods and services for hotel guests, provided that the total of such ancillary facilities shall
not exceed 15 percent of proposed hotelattached or semi -attached living quarters comprised
of furnished room(s) of approximately two hundred (200) gross square feet or more in area,
including sanitary facilities bust with only limited kitchen facilities, if any; not qualifying as a
Dwelling Unit or efficiency apartment; occupied by transients on a rental or lease basis for
limited periods of time.
MUSP or major use special permit shall mean a special permit issued by the city
commission pursuant to Ordinance Number 11000, the zoning ordinance of the City of
Miami, as amended.
Net new development shall mean 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, retail/service, convention,
wholesale/industrial or institutional uses. Land uses to be removed by demolition of a
building or structure maybe 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 or she
finds that such development would have no regional impact as measured by peak hour
vehicle trips.
Office use shall mean space for the conduct of the administrative functions of
government or business and professional activities not including sales of merchandise of the
premises, and not including personal services as defined herein under "retail/service use."
Parcel of land shall mean, pursuant to F.S. Ch. 380, 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.
p.m. peak hour external motor vehicle trips means the average number of trips per
hour during the afternoon peak period from 4:00 to 6:00 p.m. generated by motor vehicles,
excluding public transit vehicles, that have either an origin or a destination within the project
area.
Project area shall mean the area included within the legal description in exhibit 1 68 ,
including all property within the boundaries of the Southeast Overtown/Park West community
redevelopment area, as designated in 1982 by city commission Resolution No. 82-755.
Residential use shall mean any "dwelling units" as defined in the zoning ordinance.
Retail/service use shall mean space for the sale of merchandise, eating and/or
drinking establishments, and personal services such as but not limited to hair salons, travel
agencies, laundries, dry cleaners, bank tellers, photographers, shoe repair, tailoring, etc.
Room shall have the meaning given to "lodging unit" in the zoning ordinance.
SF, gross square feet, or gross square footage shall have the meaning given to "floor
ar a" in the zoning ordinancomean the floor area within the inside perimeter of the outside
walls of the Building including hallways, stairs, closets, thickness of walls, columns and other
features, and parking and loading areas, and excluding only interior Atria and open air
spaces such as exterior corridors, Porches, balconies and roof areas. Also means Building
or Development Capacity.
Site shall mean a legally described parcel of property capable of development
pursuant to applicable city ordinances and regulations.
Southeast Overtown/Park West development supplemental fee shall mean a fee
charged to new development in the project area comprising components including a
transportation mitigation fee, an air quality fee, an administration fee, and a DRI/master plan
recovery fee which are assessable to new development according to the provisions of this
article.
Southeast Overtown/Park West development supplemental fee coefficient shall
mean the charge per unit of land use as calculated for each component of the Southeast
Overtown/Park West development supplemental fee.
Total allowable development shall mean the quantity of net new development for
which certificates of occupancy may be issued under the terms and conditions of the
development order, as may be modified pursuant to F.S. § 380.06(19) (200411).
Transportation mitigation fee shall mean a fee charged to all net new development to
pay for improvements to mitigate for impacts on the regional transportation system in
accordance with requirements of the CADA and the increment I, aRet increment II, and
increment III development orders for Southeast Overtown/Park West Miami; and which shall
be a component of the Southeast Overtown/Park West development supplemental fee.
Waiver shall mean a permit approved to allow specified minor deviations to relieve
practical difficulties in complying with the strict requirements of the Miami 21 Zoning Code,
as provided therein and as consistent with the guiding principles of same.
Warrant shall mean a permit approved to allow uses listed in Article 4, Table 3 of the
Miami 21 Zoning Code as requiring a Warrant, upon review by the Planning Director or with
the additional review of the Coordinated Review Committee.
Zoning ordinance shall mean city Ordinance Number 11000, as amended
Ordinance 13177 known as the Miami 21 Zoning Code, or a successor ordinance, the zoning
ordinance of the City of Miami.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-66; Ord. No.12745, § 2, 12-1-05)
Sec. 13-102. - Southeast Overtown/Park West development supplemental fee
coefficients.
(a)
The following shall be the coefficients, by land use, for each of the four components
of the Southeast Overtown/Park West development supplemental fee.
Table 1. Fee Coefficients - Increment II
(per gross square footage of floor area)
Land Use
Transportation
Mitigation
Air
Quality
DRI/Master
Plan
Recovery
DRI
Administration
Total. Fee
Coefficient
Office
$0.39
$0.03
$0.40
$0.18
$1.01
Retail/service
$1.78
$0.14
$0.40
$0.18
$2.51
Residential'
$0.10
$0.01
$0.40
$0.18
$0.70
Hotet2
$0.26
$0.02
$0.40
$0.18
$0.86
Recreation3
$0.25
$0.00
$0.40
$0.18
$0.83
Notes:
'These fee coefficients for residential use are based upon an assumed average of
1,000 square feet ("SF") per dwelling unit ("DU"), and shall be adjusted for each
development based upon a transportation mitigation fee of $1 02.00 per DU and an
air quality fee of $11.00 per DU.
2These fee coefficients for hotel use are based upon an assumed average of 700 SF •
per hotel room, and shall be adjusted for each development based upon a
transportation mitigation fee of $182.70 per room and an air quality fee of $14.70 per
room.
3These fee coefficients for attractions/recreation use are based upon an assumed
average of 20 SF per seat and shall be adjusted for each development based upon a
transportation mitigation fee of $4.90 per seat and an air quality fee of $0.02 per
seat.
Table 2. Fee Coefficients — Increment III
(per gross square footage of floor area)
I Land Use
Transportation
Air
Quality
DRI/Master
DRI
Total Fee
Mitigation
Plan Recovery
Administration
Coefficient
,
Office
$0.213
$0.006
$0.298
$0.148
$0.664
j Retail/service
$0.510
$0.014
$0.298
$0.148
$0.969
Residential'
$0.074
$0.003
$0.298
$0.148
$0.523
I Hotel2
$0.184
$0.005
$0.298
$0.148 I $0.635
Recreation3
$0.000
$0.000
$0.000
$0.000
$0.000 I
Convention
$0.886
$0.024
$0.298
$0.148 1$1.355
Notes:
'These fee coefficients for residential use are based upon an assumed average of 1,000 square
feet ("SF") per dwelling unit ("DU"), and shall be adjusted for each development based upon a
transportation mitigation fee of $74.00 per DU and an air quality fee of $3.00 per DU.
2These fee coefficients for hotel use are based upon an assumed average of 700 SF per hotel
room, and shall be adiusted for each development based upon a transportation mitigation fee of
$128.80 per room and an air quality fee of $3.50 per room.
3Not applicable for Increment III.
(b)
The proportionate share for each unit of land use is calculated as follows:
(1)
Transportation mitigation. The increment II development order requires the
city to widen Northwest First Avenue from Northwest Tenth Street to
Northwest Fourteenth Street at an estimated proportionate share cost of
$636,648.00 (in 2004 dollars), in order to mitigate the regional transportation
impacts of total allowable development. The regional transportation mitigation
estimated proportionate share cost of $636,648.00 (in 2004 dollars) is
distributed among units of land use in total allowable development based
upon the average rate of generation of p.m. peak hour external motor vehicle
trips, as utilized in the CADA (see exhibit 21531 of Resolution 92-609). All
development subject to increment II shall be subject to payment of said fee
by applicants.
b) The increment III development order requires a transportation
mitigation fee of $1,871,626.00 (in 2011 dollars) to mitigate the regional
transportation impacts of total allowable development. This fee was
derived from estimated improvements necessary to maintain the
minimum level of service standard on regional roadways impacted by
total allowable development (see exhibit X). The regional transportation
mitigation fee of $1,871,626.00 is distributed among units of land use in
total allowable development based upon the average rate of generation of
p.m. peak hour external motor vehicle trips, as utilized in the CADA (see
exhibit X of Resolution 12- XXX).
glAir quality. The increment II development order requires the city to perform
monitoring and modeling for future carbon monoxide (CO) concentrations,
and to take appropriate actions to prevent violations of the minimum standard
for CO concentrations. The city estimates its total cost for compliance with
the air quality requirements of the increment II development order to be
$50,000.00 which is distributed among units of land use in total allowable
development based upon the average rate of generation of p.m. peak hour
external motor vehicle trips, as utilized in the CADA (see exhibit 2* of
Resolution 92-609). This cost shall be borne by the city, through the
Southeast Overtown/Park West project, for fees attributable to applicants if
such fee is generated by affordable housing development. All other
applicants shall be subject to payment of said fee. All development subject to
increment II shall be subject to payment of said fee by applicants.
b) The increment III development order requires the City to take
appropriate actions to prevent violations of the minimum standard for CO
concentrations. The city estimates its total cost for compliance with the air
quality requirements of the increment III development order to be
$50,000.00 which is distributed among units of land use in total allowable
development based upon the average rate of generation of p.m. peak
hour external motor vehicle trips, as utilized in the CADA (see exhibit X of
Resolution 12- XXX). The air quality fee may be used by the city for CO
monitoring and other measures that improve air quality such as
landscaping, open space, streetscape, transit, and pedestrian -oriented
improvements. This cost shall be borne by the city, through the Southeast
Overtown/Park West project, for fees attributable to applicants if such fee
is generated by affordable housing development. All other applicants shall
be subiect to payment of said fee. All development subiect to increment III
shall be subject to payment of said fee by applicants.
1DRI/master plan recovery. The total costs to the city for preparing the
Southeast Overtown/Park West DRI for increment II, increment III, the NOPC
Applications, the SEOPW CRA master plans and related studies is estimated
to be $1,187,300.00, which shall be distributed equally among all new
development on the basis of gross square footage of floor area. The total
amount of new development is estimated to be 2,941,828 SF during the time
that the increment II development order is in effect. All development subject
to increment II shall be subject to payment of said fee by applicants.
b) The updated total costs to the city for preparing the Southeast
Overtown/Park West DRI for increment III and the SEOPW CRA master
plans and related studies is estimated to be $2,744,000.00, which shall be
distributed equally among all new development on the basis of gross square
footage of floor area. The total amount of new development is estimated to
be 9,220,000 SF during the time that the increment III development order is
in effect. All development subject to increment III shall be subject to payment
of said fee by applicants.
glAdministration. The administrative cost to the city for enforcing the
requirements of the development order is estimated to be $105,000.00 per
year or a total of $525,000.00 during the five years that the increment II
development order is projected to be in effect. These administrative costs
shall be distributed equally among all new development on the basis of gross
square footage of floor area. The total amount of new development is
estimated to be 2,941,828 SF during the time that the increment II
development order is in effect. This cost shall be borne by the city, through
the Southeast Overtown/Park West project, for fees attributable to applicants
if such fee is generated by affordable housing development. All other
applicants shall be subject to payment of said fee. All development subject to
increment II shall be subject to payment of said fee by applicants.
b) The administrative cost to the city for enforcing the requirements of the
development order is estimated to be $105,000.00 per year or a total of
$1,365,000.00 during the thirteen years that the increment III development
order is projected to be in effect. These administrative costs shall be
distributed equally among all new development on the basis of cross square
footage of floor area. The total amount of new development is estimated to
be 9,220,000 SF during the time that the increment III development order is
in effect. This cost shall be borne by the city, through the Southeast
Overtown/Park West project, for fees attributable to applicants if such fee is
generated by affordable housing development. All other applicants shall be
subject to payment of said fee. All development subject to increment III shall
be subject to payment of said fee by applicants.
(5) Cost of Living Adjustments
a1The coefficients in the gable 1 above shall be adjusted annually on
November 1st of each year with the first adjustment occurring on April 1st,
2006, by multiplying each coefficient in the table by the formula set forth in
this paragraph (the "adjustment factor"). The adjustment factor shall be the
lesser of:
a.
The percentage increase in the annual Consumer Price Index of the
prior calendar year as compared to the annual Consumer Price Index
for 2004 (188.9); or
Seven percent per year compounded for each year after 2005,
whichever is greater. The formula for the adjustment factor is as
follows:
Prior year's Consumer Price Index = adjustment factor
Divided by 188.9
b) The coefficients in the Table 2 above shall be adjusted annually on
November 1st of each year with the first adiustment occurring on April 1st,
2013, by multiplying each coefficient in the table by the formula set forth in
this paragraph (the "adjustment factor"). The adjustment factor shall be the
lesser of:
a. The percentage increase in the annual Consumer Price Index of
the prior calendar year as compared to the annual Consumer Price
Index for 2011 (170.0); or
b. Seven percent per year compounded for each year after 2011,
whichever is greater. The formula for the adjustment factor is as
follows:
Prior year's Consumer Price Index = adjustment factor
Divided by 170.0
For these purposes, the consumer price index to be utilized shall be that
published by the Bureau of Labor Statistics of the U.S. Department of Labor,
using the U.S. city average, all Urban Consumers (1982 - 1984 = 100) Not
Seasonally Adjusted. In no event shall the adjustment factor for any year be
less than one. In the event that the consumer price index referred to above is
no longer published, then a comparable index which measures inflationary
factors, and the corresponding decrease in the purchasing power of the U.S.
Dollar, shall be selected by the city, and the adjustment factor shall be based
upon such index.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-67; Ord. No. 12745, § 2, 12-1-05)
Sec. 13-103. - Procedure for calculation of Southeast Overtown/Park West
development supplemental fee."
Upon receipt of approval of a building permit or MUSP for any net new development,
the Planning Director shall determine the amount of Southeast Overtown/Park West
development supplemental fee due pursuant to the following procedure:
(1)
Determine whether the development is exempt by virtue of the conditions
specified herein.
(2)
Determine the applicable land use(s) based upon the applicant's intended
use and the design and configuration of the space, and in the event that a3
proposed use is not included in one of the land use categories defined
herein, apply the defined land use category most similar to the proposed use
in terms of the average rate of generation of p.m. peak hour external motor
vehicle trips.
(3)
Calculate the gross square footage, number of dwelling units, and/or number
of hotel rooms as appropriate for each land use.
(4)
Multiply the appropriate units of each land use in the development by the
appropriate Southeast Overtown/Park West development supplemental fee
coefficients.
(5)
Upon written request of the applicant, review and adjust the amount of
Southeast Overtown/Park West development supplemental fee calculated, if
appropriate.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-68; Ord. No. 12745, § 2, 12-1-05)
Sec. 13-104. - Administration of Southeast Overtown/Park West development
supplemental fee.#
(a)
Collection of Southeast Overtown/Park West development supplemental fee.
Southeast Overtown/Park West development supplemental fees due pursuant to this
(b)
(c)
(d)
(e)
article for administration fees and DRI/master plan recovery fees shall be collected
by the planning director at the time of approval of a MUSP, or if a MUSP is not
required, at any timo prior to issuance of a building permit. Southeast Overtown/Park
West development supplemental fees due pursuant to this article for transportation
impacts and air quality impacts shall be collected by the planning director at any time
prior to issuance of a building permit (except as specified in section 13-100). Fees
shall be paid in accordance with the applicable rate at the time of payment.
Transfer of funds to finance department. Upon receipt of Southeast Overtown/Park
.West development supplemental fees, the planning director shall transfer such funds
to the city finance department which shall be responsible for placement of such funds
into separate accounts as hereinafter specified. All such funds shall be deposited in
interest -bearing accounts in a bank authorized to receive deposits of city funds.
Interest earned by each account shall be credited to that account and shall be used
solely for the purposes specified for funds of such account.
Establishment and maintenance of accounts. The city finance department shall
establish separate accounts and maintain records for each such account, whereby
Southeast Overtown/Park West development supplemental fees collected can be
segregated by each of the four fee components: transportation mitigation fees, air
quality fees, DRI/master plan recovery fees, and administration fees.
Maintenance of records. The city finance department shall maintain and keep
adequate financial records for each such account which shall show the source and
disbursement of all revenues, which shall account for all moneys received; and which
shall ensure that the disbursement of funds from each account shall be used solely
and exclusively for the provision of projects specified in the Southeast Overtown/Park
West development orders, administration fee and the DRI/master plan recovery fee.
In connection with capital improvement projects, funds may be used for planning,
design, construction, land acquisition, financing, financial and legal services, and
administrative costs.
Refund of Southeast Overtown/Park West development supplemental fee.
(1)
The current owner of a property on which a Southeast Overtown/Park West
development supplemental fee for transportation mitigation and air quality
has been paid may apply for a refund of such fee if: The city has failed to
encumber or spend the collected fees by the end of the calendar quarter
immediately following six years of the date of payment of the fee; or the
building permit for which the transportation mitigation or air quality fee has
(f)
(2)
(3)
(4)
(5)
(6)
been paid, has been terminated or expired for noncommencement of
construction; or the project for which a building permit has been issued has
been altered resulting in a decrease in the amount of the transportation
mitigation or air quality fee due. Southeast Overtown/Park West development
supplemental fees paid for administration and DRI/master plan recovery are
not refundable.
Only a current owner of property may petition for a refund. A petition for
refund shall be filed within one year of any of the above -specified events
giving rise to the right to claim a refund.
The petition for refund shall be submitted to the city manager or his duly
designated agent on a form provided by the city for such purpose. The
petition shall contain: a notarized affidavit that petitioner is the current owner
the property; a certified copy of latest tax records of Miami -Dade County
showing the owner of the subject property; a copy of the dated receipt for
payment of the fee issued by the city's planning director, and a statement of
the basis upon which the refund is sought.
Within one month of the date of receipt of a petition for refund, the city
manager or his duly designated agent must provide the petitioner, in writing,
with a decision on the refund request. The decision must include the reasons
for the decision including, as may be appropriate, a determination of whether
the collected fees have been encumbered or spent in accordance with the
requirements of this article. If a refund is due to the petitioner, the city
manager or his duly designated agent shall notify the city's finance director
and request that a refund payment be made to the petitioner.
Any money returned pursuant to this subsection shall be returned with
interest at the rate of three percent per annum.
Petitioner may appeal the determination of the city manager to the impact fee
board of review subject to the time limitations and procedures for appeals to
that board set forth in section 13-16 of the city Code.
Annual review and modification. The city shall annually review Southeast
Overtown/Park West development supplemental fee ordinance procedures,
assumptions, formulas, and fee assessments and make such modifications as are
deemed necessary as a result of:
(1)
Development occurring in the prior year.
Amendments to the development order.
Changing needs for facilities and/or services.
Inflation and other economic factors.
Revised cost estimates for public improvements and/or services.
Changes in the availability of other funding sources.
Such other factors as may be relevant.
(Ord No. 10465, § 1, 7-21-88; Code 1980, § 13-69; Ord. No. 12745, § 2, 12-1-05)
�5
Sec. 13-105. - Bonding of capital improvement projects.
The city may issue bonds, revenue certificates and other obligations of indebtedness
in such manner and subject to such limitations as may be provided by law, in furtherance of
the provision of Southeast Overtown/Park West development supplemental fee -related
projects. Funds pledged toward retirement of bonds, revenue certificates or other obligations
of indebtedness for such projects may include impact fees and other city revenues as may
be allocated by the city commission. Fees paid pursuant to this article, however, shall be
restricted to use solely and exclusively for the purposes of the article and for financing,
directly, or as a pledge against bonds, revenue certificates and other obligations of
indebtedness.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-70)
Sec. 13-106. - Appeal procedures; impact fee board of review.
The Southeast Overtown/Park West development supplemental fee ordinance
hereby incorporates by reference the appeals board and procedure as set forth in sections
13-16, 13-17, 13-18, 13-19 and 13-20 of the city Code and hereby establishes their
applicability for any appeals undertaken pursuant to this article.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-71)
Sec. 13-107. - Effect of Southeast Overtown/Park West development
supplemental fee on planning, zoning, subdivision, and other regulations."
This article shall not affect, in any manner, the permissible use of property, density of
development, design and improvement standards and requirements or any other aspect of
the development of land or provision of public improvements subject to the city's
comprehensive plan, zoning regulations, subdivision regulations, or other regulations of the
city, all of which shall be operative and remain in full force and effect without limitation with
respect to all such development.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-72)
Sec. 13-108. - Southeast Overtown/Park West development supplemental fee as
additional and supplemental requirement.,
The City of Miami Southeast Overtown/Park West development supplemental fee is
additional and supplemental to and not in substitution or duplication of any other
requirements imposed by the city on the development of land or the issuance of building
permits. It is intended to be consistent with and to further the objectives and policies of the
Southeast Overtown/Park West development order, the comprehensive plan, the zoning
ordinance, and to be coordinated with the city's capital improvement program and other city
policies, ordinances and resolutions by which the city seeks to ensure the provision of public
facility improvements and services in conjunction with the development of land, while also
encouraging the development of affordable housing. In no event shall a property owner be
obligated to pay for the same improvement(s) in an amount in excess of the amount
calculated pursuant to this article; provided, however, that a property owner may be required
to pay, pursuant to Miami -Dade County, state, and/or city regulations, for other public
facilities in addition to the supplemental fee related improvements as specified herein.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-73; Ord. No. 12745, § 2, 12-1-05)
Secs. 13-109-13-135. - Reserved.
ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENTS OF REGIONAL IMPACT
DIVISION 1.
DIVISION 2.
DIVISION 3.
DIVISION 4.
- GENERALLY
- RESERVATION OF DEVELOPMENT CREDITS
- DEVELOPMENT REGULATIONS
- ENFORCEMENT
Miami, Florida, Code of Ordinances » PART II - THE CODE » Chapter 14 - DOWNTOWN
DEVELOPMENT » ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK
WEST DEVELOPMENTS OF REGIONAL IMPACT» DIVISION 1. - GENERALLY»
DIVISION 1. - GENERALLY
Sec. 14-121. - Intent.
Sec. 14-122. - Definitions.
Secs. 14-123-14-150. - Reserved.
Sec. 14-121. - Intent.
This article is intended to assist in the implementation of the downtown development of regional
impact (Resolutions 87-1148, and 87-1149, 91-968, 94-849, 94-850, 98-219, 98-787, 98-1153,
99-159, 99-973, 02-1307, 04-0425) and the Southeast Overtown/Park West development of
regional impact (Resolutions 88-110, and 88 111, 92-609 and 12- ) development orders. Its
purpose is to assure the orderly use and flow of development credits by preventing the retention
of such credits by developments unable to complete construction within a reasonable period of
time and to initiate implementation of traffic control and environmental protection measures of
said resolutions.
(Ord. No. 10543, § 1, 1-26-89; Code 1980, § 14-58)
Sec. 14-122. - Definitions.
For the purpose of this article, the following terms shall be defined as presented below:
Building permit: Any permit required for new construction and additions pursuant to section 105
of the Florida Building Code.
the-cenr.,tFuctieh er alteration of a
+ruo+ e,hioh eneleses aso dofinod herein as "het hew dolt." As used herein, this
given parcel of land.
Certificate of occupancy: A permanent or temporary and/or partial certificate of occupancy
issued, pursuant to the Florida Building Code, for any "Net New Development" as defined
herein.,
dcvclopmo♦at" ac dcthacd hcrcin.
City: The City of Miami, Florida.
1
Credit holder: Entity to which a reservation of development credits has been issued in
conjunction with receipt of a building permit or major use special permit.
DDA or downtown development authority: The downtown development authority of the city.
Development: As defined in F.S. § 380.04 (20111987) and any amendments thereto.
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.
Development orders: City of Miami Resolutions 87-1148,.-aR4 87-1149, 91-968, 94-849, 94-850,
98-219, 98-787, 98-1153, 99-159, 99-973, 02-1307 and 04-0425 as amended (downtown
development of regional impact), and Resolutions 88-110,, a-88-111, 92-607, 92-608, 92-609,
93-217, 99-973, 00-289, 01-1159, 05-0480 and 12- (Southeast Overtown/Park West
development of regional impact), as amended, as applicable.
DRI: Development of regional impact.
Major use special permit or MUSP: A special permit issued by the city commission pursuant to
Ordinance Number 11000, the zoning ordinance of the city, 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 or 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, building and zoning director determines
that there was a valid certificate of occupancy existing on the effective date of the master -and
increment I or increment fl development orders rendered for the downtown DRI and the
Southeast Overtown/Park West DRI for the land uses to be demolished. If a change of land use
is proposed, the planning, building and zoning director may credit the prior land use against the
proposed land use based upon equivalent impacts as measured by peak hour vehicle trip
generations.
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.
DERM: The Division of Environmental Resources Management at the Miami -Dade County
Department of Regulatory and Economic Resources.Metropolitan Miami Dade County
regulatory and economic resources department_ of division of environmental resource
management.
Reservation of development credits: A written certificate, signed by the planning, building and
zoning director, allocating an amount of development credits equal to the amount of net new
development approved by a MUSP or building permit to a specified parcel of land, subject to the
terms and conditions of this article. Reservations of development credits shall run with the land
and shall not be transferable to any other parcel of land, building permit, or MUSP.
2
SF, gross square feet, or gross square footage shall mean the floor area within the inside
perimeter of the outside walls of the Building including hallways, stairs, closets, thickness of
walls, columns and other features, and parking and loading areas, and excluding only interior
Atria and open air spaces such as exterior corridors, Porches, balconies and roof areas. Also
means Building or Development Capacity.
Site shall mean a legally described parcel of property capable of development pursuant to
applicable city ordinances and regulations.
Total allowable development: The quantity of net new development for which certificates of
occupancy may be issued under the terms and conditions of the increment I, increment II and
increment III development orders as amended, together with the applicable master development
order, as may be modified pursuant to F.S. § 380.06(19) (19872011), and which shall be
measured by the following land uses:
DOWNTOWN
\Land Uses
Increment I
(1988-1997)
Increment II
(1992-1999)
Increment III
(1999-2007)
Totals
Office
(gross square feet)
Government 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)
1 Attractions/recreation (seats)
6,919,550
3,600,000
3,700,000
14,219,550
300,000
250,000
200,000',
750,000
1,050,000
400,000
500,000 I 1,950,000
1,500
500
1,100',
3,100
3,550
2,550
2,920
500,000
0
9,020
01 500,000
1,050,000 \
1,050,000
300,000
6,500
1,600
300,000 \
5,0001
2,100,000
600,000
13,100
3
SOUTHEAST OVERTOWN/PARK WEST
Land Uses
Increment I
{1988 1997)
(1988-2005)
Increment II
(1992 1999).
(1992-2019)
Increment III
(1999 2007)
(2012-2025)
Totals
Office (gross square feet)
166,000
337,000
500,500
2.300.000
1,003,500
2.803,000
Retail/service general commercial
(gross square feet)
,Hotel (rooms)
,Residential (dwelling units)
Attractions (seats)
Conference (gross square feet)
95,100
72,272
71,700
94,828
987690
1,250,000
257,700
1,417,100
0
500
6002 100
1,0002,600
2,000
2,000
54,000
9,0008,000
8,000
8,000
0
0 I 200.000
16,000
200.000 I
Waiver shall mean a permit approved to allow specified minor deviations to relieve practical
difficulties in complvina with the strict requirements of the Miami 21 Zoning Code, as provided
therein and as consistent with the guiding principles of same.
Warrant shall mean a permit approved to allow uses listed in Article 4, Table 3 of the Miami 21
Zoning Code as requiring a Warrant, upon review by the Planning Director or with the additional
review of the Coordinated Review Committee.
Work: Work shall be considered to have commenced and be in active progress when the
planning, building and zoning dircctorplanninq director determines, after consultation with the
city's building official, that a full complement of workmen and equipment is present at the site to
diligently, in accordance with normal and customary construction scheduling, incorporate
materials and equipment into the structure throughout the day on each full working day, weather
permitting.
Zoning ordinance shall mean city Ordinance Number 11000, as amended by Ordinance 13177
known as Miami 21 Zoning Code, or a successor ordinance, the zoning ordinance of the City of
Miami.
(Ord. No. 10543, § 1, 1-26-89; Ord. No. 11032, § 2, 12-10-92; Code 1980, § 14-59)
Secs. 14-123-14-150. - Reserved.
4
Miami, Florida, Code of Ordinances» PART II - THE CODE » Chapter 14 - DOWNTOWN
DEVELOPMENT » ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK
WEST DEVELOPMENTS OF REGIONAL IMPACT » DIVISION 2. - RESERVATION OF
DEVELOPMENT CREDITS »
DIVISION 2. - RESERVATION OF DEVELOPMENT CREDITS
Sec. 14-151. - Downtown: With building permit.
Sec. 14-152. — Downtown: With major use special permit.
Sec. 14-153. — Downtown: Time limits on development credit reservation after building permit
issued.
Sec. 14-154. — Downtown: Reallocation of development credits subsequent to expiration or
rescission of reservation.
Sec. 14-155. — Downtown: Changes in plans subsequent to reservation of development credits.
Sec. 14-156. — Downtown: Appeals.
Sac* � 15Q 1 18^ rve4
Sec 14-157. — Southeast Overtown/Park West: With building permit.
Sec. 14-158. - Southeast Overtown/Park West: With major use special permit.
Sec. 14-159. - Southeast Overtown/Park West: Time limits on development credit reservation
after building permit issued.
Sec. 14-160. - Southeast Overtown/Park West: Reallocation of development credits subseauent
to expiration or rescission of reservation.
Sec. 14-161. - Southeast Overtown/Park West: Changes in plans subsequent to reservation of
development credits.
Sec. 14-162. - Southeast Overtown/Park West: Appeals.
Secs. 14-163-14-180. - Reserved.
Sec. 14-151. - Downtown: With building permit.
Application for reservation of development credits for net new development within the downtown
or Southeast Ovcrtown/Park Wcst DRI areas that is not required to undergo major use special
permit (MUSP) review pursuant to Ordinance Number 11000, the zoning ordinance of the city,
as amended, shall be made concurrent with applications for a building permit. Reservations for
development credits will be issued simultaneously with an approved building permit subject to
the payment of all applicable fees at the time when due pursuant to ordinance.
(Ord. No. 10543, § 1, 1-26-89; Ord. No. 11032, § 2, 12-10-92; Code 1980, § 14-60)
Sec. 14-152. - Downtown: With major use special permit.
(a) Application for reservation of development credits for net new development within the
downtown or Southeast Overtowh/Park Wcst DRI areas that because of its size and nature
must undergo major use special permit (MUSP) review pursuant to Ordinance Number 11000,
the zoning ordinance of the city, as amended, shall be made concurrent with the application for
a MUSP. Applicants shall only apply for reservation of development credits for those portions or
phases of their net new development anticipated to be under construction within 24 months from
the date of the issuance of the MUSP. Subsequent phases may receive a reservation only after
the building permit has been issued for the prior phase. Reservation of development credits
shall be issued simultaneous with the MUSP, subject to the payment of all applicable fees at the
time when due pursuant to ordinance, and further subject to adherence to the following time
limitations:
(1) Within six months from the effective date of the MUSP, the applicant must
demonstrate to the planning, building and zoning director that design development plans
and drawings for those portions of net new development for which a reservation of
development credits has been issued are in progress and are likely to be completed
within the succeeding six months.
(2) Within 12 months from the effective date of the MUSP, the applicant must submit a
letter of intent to provide construction financing from a lending institution or other
qualified source and demonstrate to the planning, building and zoning director that
working drawings/construction documents for those portions of net new development for
which a reservation of development credits has been issued are in progress and likely to
be completed within the succeeding six months.
(3) Within 18 months from the effective date of the MUSP, the applicant must submit a
binding letter of commitment for construction financing from a lending institution or other
qualified source and demonstrate to the planning, building and zoning director that a
complete application for a building permit has been submitted to the planning, building
and zoning department for those portions of net new development for which a
reservation of development credits has been issued.
(4) Within 24 months from the effective date of the MUSP, the applicant must
demonstrate to the planning, building and zoning director that the building permit has
been obtained and that work has commenced on the net new development for which a
reservation of development credits has been issued.
(b) It shall be the responsibility of the holder of the MUSP to submit the required information, in
writing, to the planning, building and zoning director on or before the expiration date of each of
the above -described six-month intervals. At any of the above -described intervals the planning,
building and zoning director may rescind the reservation of development credits for failure to
comply with the time limitations. Notice of intent to rescind a reservation for development credits
shall be made, in writing, by the planning, building and zoning director, stating reasons therefor,
within 15 days from the expiration date of the current six-month interval of the time limitations.
The credit holder may present additional facts, information or data in support of his position prior
to the rendering of a final decision by the planning, building and zoning director which shall be
made in writing within 30 days from the expiration date of the current six-month interval of the
time limitations. Development credits rescinded pursuant to this paragraph shall be held in
reserve by the planning, building and zoning department pending the outcome of an appeal
pursuant to section 14-156
(Ord. No. 10543, § 1, 1-26-89; Ord. No. 11032, § 2, 12-10-92; Code 1980, § 14-61)
Sec. 14-153. - Downtown: Time limits on development credit reservation after building permit
issued.
Reservations of development credits will remain in effect for so long as the building permit
remains in effect in accord with the South Florida Building Code, except as provided herein.
6
(1) After 20 percent or more of the construction is complete, as measured by
construction loan disbursements, on the full amount of net new development for which a
reservation of development credits is applicable, the reservation shall not expire or be
rescinded except by termination of the building permit. It shall be the responsibility of the
credit holder to submit bank drafts or other relevant documentation to the planning,
building and zoning director to verify required pro rata completion of said construction.
(2) Prior to completion of 20 percent of construction, as provided above, if "work"
appears not to be actively underway for at least 50 percent of the working days (Monday
through Friday, national holidays excluded) within any given six-month period, the
planning, building and zoning director may, by certified mail, request a review of the
reasons for the work stoppage. If the credit holder fails to respond in writing with
supporting documentation, within 15 days, or if the planning, building and zoning director
finds that work has been abandoned or is likely to be stopped for longer than a six-
month period of time due to financial failure, legal action, or any other reason, he/she
may rescind the reservation of development credits. Notice of intent to rescind a
reservation for development credits shall be made in writing by the planning, building
and zoning director, stating reasons therefore, within 30 days from the date that the
planning, building and zoning director transmits, by certified mail, the written request for
review of the work stoppage. The credit holder may present additional facts, information,
or data in support of his position prior to the rendering of a final decision by the planning,
building and zoning director which shall be made in writing within 45 days from the date
that the credit holder received the written request for review of the work stoppage. If the
planning, building and zoning director, after consulting with the city's building official,
finds sufficient evidence that work will be resumed within the succeeding six-month
period and will continue on a reasonable timetable for the size and nature of the
construction project, according to local construction industry standards, he shall not
rescind the reservation of development credits, but he/she may establish a reasonable
timetable for completion of at least 20 percent of the net new development, and
conditions upon which the reservation of development credits may be rescinded upon
failure to meet the timetable. Work stoppages caused by civil unrest, labor disputes on
the site, or fire, shall be counted as "nonworking" days. Development credits rescinded
pursuant to this paragraph shall be held in reserve by the planning, building and zoning
department pending the outcome of an appeal pursuant to section 14-156
(Ord. No. 10543, § 1, 1-26-89; Code 1980, § 14-62)
Sec. 14-154. - Downtown: Reallocation of development credits subsequent to expiration or
rescission of reservation.
(a) If a reservation for development credits expires or is rescinded by the planning, building and
zoning director, pursuant to this article, those development credits shall be reserved on a first
come, first served basis for other net new development, subject to the following order of priority:
(1) Net new development with building permits approved subject to availability of
development credits.
(2) Net new development with pending building permit applications, based upon the date
of acceptance by the planning, building and zoning department of the complete building
permit applications.
7
(3) Net new development with a letter of commitment for construction financing and, if
applicable, an approved MUSP.
(4) Net new development with approved MUSPs, based upon the approval date of the
MUSP. If more than one MUSP was approved on the same date, priority will be based
upon the date of acceptance by the planning, building and zoning director of a complete
MUSP application.
(b) No sooner than six months after a reservation for development credits has expired or been
rescinded pursuant to this article, a new reservation for development credits may be given to the
same parcel of land, following submission of a new application and payment of all applicable
fees by the owner, subject to availabilityof development credits based upon the order of priority
listed above.
(Ord. No. 10543, § 1, 1-26-89; Code 1980, § 14-63)
Sec. 14-155. - Downtown: Changes in plans subsequent to reservation of development credits.
Any proposed change in plans affecting the use or gross square footage of any net new
development shall be approved by the planning, building and zoning director. The reservation of
development credits and applicable fees shall be adjusted accordingly; provided, however, that
additional development credits shall be reserved only when available according to the order of
priority listed in section 14-154 above.
(Ord. No. 10543, § 1, 1-26-89; Code 1980, § 14-64)
Sec. 14-156. - Downtown: Appeals.
(a) If a reservation of development credits is rescinded by the planning, building and zoning
director pursuant to this article, the credit holder may appeal said action to the city commission
by filing a notice of appeal with the city clerk, within 15 days from the date of transmission to the
planning, building and zoning director's written notification of reservation of development credit
rescission, and paying a filing fee of $500.00. The notice of appeal shall contain sufficient
documentation for the city commission to make a determination as to whether the credit holder
has complied with the relevant portion of the time limitations set forth in sections 14-152 and 14-
153 herein. A public hearing shall be scheduled for the next available city commission meeting,
not to exceed 45 days from the date of appeal, whereupon the city commission shall, by
resolution, ratify the action of the planning, building and zoning director or shall reinstate all or
part of the reservation of development credits for a time certain not to exceed six months,
except as provided below, subject to appropriate terms and conditions, and subject to
compliance with subsequent intervals of the time limitations set forth in sections 14-152 and 14-
153
(b) If work has been halted by court injunction or governmental action, the city commission may
reinstate all or part of the credits for a time certain not to exceed one year upon a strong
evidentiary showing by the appellant that matters giving rise to the injunction or governmental
action have a very high probability of being resolved within six months of the date of the
appellant's city commission public hearing.
8
(c) Review of actions of the city commission in reinstating a reservation of development credits,
reinstating a reservation of development credits subject to terms and conditions, reinstating a
portion of a reservation of development credits whether or not subject to terms and conditions,
or denying reinstatement of a reservation of development credits shall be by filing a notice of
appeal with the circuit court in accordance with the procedure and within the time provided by
the Florida Rules of Appellate Procedure for the review of rulings of any commission or board.
(Ord. No. 10543, § 1, 1-26-89; Code 1980, § 14-65)
Sec. 14-157. — Southeast Overtown/Park West: With building permit and/or under Miami 21.
Application for reservation of development credits for net new development within the Southeast
Overtown/Park West DRI area that is not subject to a major use special permit (MUSP) under
Ordinance Number 11000, shall be made concurrent with applications for a building permit.
Reservations for development credits will be issued simultaneously with an approved building
permit subject to the payment of all applicable fees at the time when due pursuant to ordinance.
Sec. 14-158. - Southeast Overtown/Park West: With major use special permit.
(a) Application for reservation of development credits for net new development within the
Southeast Overtown/Park West DRI area that because of its size and nature underwent major
use special permit (MUSP) review pursuant to Ordinance Number 11000 or Miami 21 Appendix
D (SD-16.3) shall be made concurrent with the application for a MUSP. This section shall also
apply to MUSP approvals that have been modified by pursuant to Article 7.1.3.5 (d) of the
Zoning Ordinance. Applicants shall only apply for reservation of development credits for those
portions or phases of their net new development anticipated to be under construction within 24
months from the date of the issuance of the MUSP. Subsequent phases may receive a
reservation only after the building permit has been issued for the prior phase. Reservation of
development credits shall be issued simultaneous with the MUSP, subject to the payment of all
applicable fees at the time when due pursuant to ordinance, and further subject to adherence to
the following time limitations:
(1) Within six months from the effective date of the MUSP or approved modification
thereto, the applicant must demonstrate to the planning director that design development
plans and drawings for those portions of net new development for which a reservation of
development credits has been issued are in progress and are likely to be completed
within the succeeding six months.
(2) Within 12 months from the effective date of the MUSP or approved modification
thereto, the applicant must submit a letter of intent to provide construction financing from
a lending institution or other qualified source and demonstrate to the planning director
that working drawings/construction documents for those portions of net new
development for which a reservation of development credits has been issued are in
progress and likely to be completed within the succeeding six months.
(3) Within 18 months from the effective date of the MUSP or approved modification
thereto, the applicant must submit a binding letter of commitment for construction
financing from a lending institution or other qualified source and demonstrate to the
planning director that a complete application for a building permit has been submitted to
9
the planning, building and zoning department for those portions of net new development
for which a reservation of development credits has been issued.
(4) Within 24 months from the effective date of the MUSP or approved modification
thereto, the applicant must demonstrate to the planning director that the building permit
has been obtained and that work has commenced on the net new development for which
a reservation of development credits has been issued.
(b) It shall be the responsibility of the holder of the MUSP or approved modification thereto to
submit the required information, in writing, to the planning director on or before the expiration
date of each of the above -described six-month intervals. At any of the above -described intervals
the planning director may rescind the reservation of development credits for failure to comply
with the time limitations. Notice of intent to rescind a reservation for development credits shall
be made, in writing, by the planning director, stating reasons therefore, within 15 days from the
expiration date of the current six-month interval of the time limitations. The credit holder may
present additional facts, information or data in support of his position prior to the rendering of a
final decision by the planning director which shall be made in writing within 30 days from the
expiration date of the current six-month interval of the time limitations. Development credits
rescinded pursuant to this paragraph shall be held in reserve by the planning, building and
zoning department pending the outcome of an appeal pursuant to section 14-162.
Sec. 14-159. - Southeast Overtown/Park Wwest: Time limits on development credit reservation
after building permit issued.
Reservations of development credits will remain in effect for so long as the building permit
remains in effect in accord with the Florida Building Code, except as provided herein.
(1) After 20 percent or more of the construction is complete, as measured by
construction loan disbursements, on the full amount of net new development for which a
reservation of development credits is applicable, the reservation shall not expire or be
rescinded except by termination of the building permit. It shall be the responsibility of the
credit holder to submit bank drafts or other relevant documentation to the director to
verify required pro rata completion of said construction.
(2) Prior to completion of 20 percent of construction, as provided above, if "work"
appears not to be actively underway for at least 50 percent of the working days (Monday
through Friday, national holidays excluded) within any given six-month period, the
planning director may, by certified mail, request a review of the reasons for the work
stoppage. If the credit holder fails to respond in writing with supporting documentation,
within 15 days, or if the planning director finds that work has been abandoned or is likely
to be stopped for longer than a six-month period of time due to financial failure, legal
action, or any other reason, he/she may rescind the reservation of development credits.
Notice of intent to rescind a reservation for development credits shall be made in writing
by the planning director, stating reasons therefor, within 30 days from the date that the
planning director transmits, by certified mail, the written request for review of the work
stoppage. The credit holder may present additional facts, information, or data in support
of his position prior to the rendering of a final decision by the planning director which
shall be made in writing within 45 days from the date that the credit holder received the
written request for review of the work stoppage. If the planning director, after consulting
with the city's building official, finds sufficient evidence that work will be resumed within
10
the succeeding six-month period and will continue on a reasonable timetable for the size
and nature of the construction project, according to local construction industry standards,
he shall not rescind the reservation of development credits, but he/she may establish a
reasonable timetable for completion of at least 20 percent of the net new development,
and conditions upon which the reservation of development credits may be rescinded
upon failure to meet the timetable. Work stoppages caused by civil unrest, labor disputes
on the site, or fire, shall be counted as nonworking days. Development credits
rescinded pursuant to this paragraph shall be held in reserve by the planning, building
and zoning department pending the outcome of an appeal pursuant to section 14-162
Sec. 14-160. - Southeast Overtown/Park West: Reallocation of development credits subsequent
to expiration or rescission of reservation.
(a) If a reservation for development credits expires or is rescinded by the planning director,
pursuant to this article, those development credits shall be reserved on a first come, first served
basis for other net new development, subject to the following order of priority:
(1) Net new development with building permits approved subject to availability of
development credits.
(2) Net new development with pending building permit applications, based upon the date
of acceptance by the building department of the complete building permit applications.
(3) Net new development with a letter of commitment for construction financing and, if
applicable, an approved MUSP or approval date of a modification of an approved MUSP
pursuant to Article 7.1.3.5(d) of the Zoning Ordinance.
(4) Net new development with approved MUSPs, based upon the approval date of the
MUSP or approval date of the modification to the approved MUSP pursuant to Article
7.3.5(d) of the Zoning Ordinance, whichever is later. If more than one MUSP was
approved on the same date, priority will be based upon the date of acceptance by the
planning director of a complete MUSP application or approved modification to the MUSP
approvals that have been modified by pursuant to Article 7.1.3.5 (d) of the Zoning
Ordinance.
(b) No sooner than six months after a reservation for development credits has expired or been
rescinded pursuant to this article, a new reservation for development credits may be given to the
same parcel of land, following submission of a new application and payment of all applicable
fees by the owner, subject to availability of development credits based upon the order of priority
listed above.
Sec. 14-161. - Southeast Overtown/Park West: Changes in plans subsequent to reservation of
development credits.
Any proposed change in plans affecting the use or gross square footage of any net new
development shall be approved by the planning director. The reservation of development credits
and applicable fees shall be adjusted accordingly; provided, however, that additional
development credits shall be reserved only when available according to the order of priority
listed in section 14-160 above.
11
Sec. 14-162. - Southeast Overtown/Park West: Appeals.
(a) If a reservation of development credits is rescinded by the planning director pursuant to this
article, the credit holder may appeal said action to the city commission by filing a notice of
appeal with the city clerk, within 15 days from the date of transmission to the planning director's
written notification of reservation of development credit rescission, and paying a filing fee of
$500.00. The notice of appeal shall contain sufficient documentation for the city commission to
make a determination as to whether the credit holder has complied with the relevant portion of
the time limitations set forth in sections 14-158 and 14-159 herein. A public hearing shall be
scheduled for the next available city commission meeting, not to exceed 45 days from the date
of appeal, whereupon the city commission shall, by resolution, ratify the action of the planning
director or shall reinstate all or part of the reservation of development credits for a time certain
not to exceed six months, except as provided below, subject to appropriate terms and
conditions, and subject to compliance with subsequent intervals of the time limitations set forth
in sections 14-158 and 14-159.
(b) If work has been halted by court injunction or governmental action the city commission may
reinstate all or part of the credits for a time certain not to exceed one year upon a strong
evidentiary showing by the appellant that matters giving rise to the injunction or governmental
action have a very high probability of being resolved within six months of the date of the
appellant's city commission public hearing.
(c) Review of actions of the city commission in reinstating a reservation of development credits,
reinstating a reservation of development credits subiect to terms and conditions, reinstating a
portion of a reservation of development credits whether or not subject to terms and conditions,
or denying reinstatement of a reservation of development credits shall be by certiorari in
accordance with state rules of appellate procedure.
(Secs. 14-163-14-180. - Reserved.
Miami, Florida, Code of Ordinances » PART II - THE CODE » Chapter 14 - DOWNTOWN
DEVELOPMENT » ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK
WEST DEVELOPMENTS OF REGIONAL IMPACT » DIVISION 3. - DEVELOPMENT
REGULATIONS »
DIVISION 3. - DEVELOPMENT REGULATIONS
Sec. 14-181. Downtown: Environmental regulations.
Sec. 14-182. - Downtown: Transportation control measures.
co11 1_83 1 n �
Sec. 14-183 - Southeast Overtown/Park West: Environmental regulations.
Sec. 14-184 - Southeast Overtown/Park West: Transportation control measures.
Secs. 14-185-14-210. - Reserved.
Sec. 14-181. Downtown: Environmental regulations.
All development shall adhere to all terms and conditions in the development orders and in
addition:
12
(1) During construction, all Downtown development with areas of exposed soil over
5,000 square feet shall have said exposed areas sprayed with water as frequently as
necessary to prevent airborne dust. Other methods of controlling airborne dust may be
substituted if approved by DERM. If any area of exposed soil over 5,000 square feet is
intended to be undisturbed by construction for more than 90 days, such area shall be
sodded or seeded and mulched to provide grass cover.
(2) During construction, section 4611.1 of the South Florida Building Code shall be
enforced by requiring all stormwater runoff to be retained on site, or by placing
temporary screens, berms, and/or riprap around the perimeter of the construction site to
filter all stormwater runoff until the permanent stormwater retention system is operative.
Such retention or filtration systems shall be approved by DERM and the city department
of public works.
(3) All stormwater drainage systems shall be approved by DERM pursuant to the South
Florida Water Management District rules; and shall be designed to retain on site at least
the first one inch of runoff from a five-year storm event.
(4) All drainage structures, including wells, shall include pollutant -retardant devices
approved by DERM pursuant to the South Florida Water Management District rules.
Such pollutant -retardant devices shall be maintained in efficient operating condition,
including periodic removal of accumulated contents.
(5) Net new development shall reduce pollutants entering groundwater and/or surface
waters by limiting application of pesticides and fertilizers in vegetated stormwater
retention areas to once per year for preventive maintenance and to emergencies, such
as uncontrolled insect infestation.
(6) Net new development shall reduce pollutants entering groundwater and/or surface
waters by vacuum sweeping all parking lots of 11 or more vehicle spaces and private
roadways serving the parking lots at least once per week.
(7) All development is subject to section 24-35.1 of the Dade County Code.
(8) Prior to construction on any site, all invasive exotic plants shall be removed,
specifically melaleuca, casuarina, and Brazilian pepper. Net new development shall use
only those species included in the official list of recommended plant species prepared by
the South Florida Regional Planning Council, as may be amended from time to time;
provided, however, that additional species may be used if written approval is supplied by
the executive director of the South Florida Regional Planning Council. Said official list is
on file with the planning, building and zoning department.
(Ord. No. 10543, § 1, 1-26-89; Code 1980, § 14-70)
Sec. 14-182. Downtown: Transportation control measures.
(a) General requirements. The following requirements shall apply to all Downtown development
except renovation of existing structures or land improvements; change of use or intensity of use
of an existing structure or land improvement; when such change generates a net increase of
less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous use or
13
intensity; new structures or additions to existing structures of less than 10,000 square feet;
excavation; demolition; or deposit of fill. Development not excluded above shall:
(1) Actively encourage all employees within the development to participate in carpools or
vanpools by establishing or participating in an information and referral program, and
shall maintain a current list (updated annually) of all employees interested in
participating in a carpool or vanpool. At least once each calendar year, carpool, vanpool,
and ridesharing information packages and questionnaires shall be obtained from the
Florida department of transportation through its regional commuter assistance program
for the South Florida region and distributed to all tenants and employees.
(2) Establish and maintain current local and regional mass transit route and schedule
information in locations throughout the development that are visible and accessible to
existing and potential transit users. Mass transit route and schedule information shall be
displayed in a prominent public area of the building such as the lobby or near pedestrian
access points to parking garages or lots. At no less than six-month intervals, route and
schedule information maintained on the premises shall be verified as to current status
and replaced if obsolete.
(3) Encourage mass transit use by the provision of bus shelters, bus turnout lanes, or
other physical improvements intended to improve the safety, comfort, or convenience of
transit ridership, where such transit amenities are needed as determined by the
planning, building and zoning director.
(4) Encourage mass transit use through the purchase of transit passes from
Metr-apelitaaMiami-Dade County, and making them available to building tenants and/or
employees at a discounted price or at no charge, or in lieu of employer -subsidized
employee parking.
(5) Reduce peak -hour trip generation through scheduling, where practical, staggered
work hours for employees.
(b) Parking requirements. The following parking requirements shall apply to all Downtown
development except: renovation of existing structures or land improvements; change in use or
intensity of use of an existing structure or land improvement; when such change generates a net
increase of less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous
use or intensity; new structures or additions to existing structures of less than 10,000 square
feet; excavation; demolition; or deposit of fill. Development not excluded above shall comply as
follows:
(1) Parking shall be provided by the development in accordance with the applicable
provisions of the city's zoning regulations, but in no case shall parking be provided in
excess of the following amounts:
MAXIMUM PARKING SPACES
PERMITTED BY TYPE OF USE
Use
1 Residential 2 spaces per dwelling unit
Maximum Parking
14
Retail
1 space per 300 sq. ft. GFA
Hotel/motel
Restaurant
1.5 spaces per room
1 space per 100 sq. ft. GFA
Office/other
1 space per 600 sq. ft. GFA in the CBD-1 zoning district and 1 space per 400 sq. ft.
GFA elsewhere
(2) Of the total parking provided, the number of spaces that can be placed on -site may
be constrained by the city due to street capacity and/or air quality requirements.
(3) The minimum number of required parking spaces shall be in accordance with the
applicable provisions of the city's zoning regulations. For office uses only, there shall be
no minimum number of spaces required to be on site; all parking may be located off site
in a location approved by the city. If Tess than the minimum number of required spaces is
permitted to be located on site, then:
a. The developer shall execute a permanent agreement to purchase transit
passes in lieu of providing parking spaces, in an amount equal to two transit
passes per each required parking space that is not provided;
b. The developer shall make a one-time payment equal to the current "gap -
financing" cost for each space as established by the city's department of off-
street parking and enter into an agreement with the department of off-street
parking to lease the spaces once built; or
c. The developer shall own or lease the off -site spaces elsewhere in a location
approved by the city. "Elsewhere" is defined as being one or a combination of the
following locations:
1. A peripheral downtown location near expressway and/or arterial street
entrance to downtown and within a maximum of 600 feet walking distance
to a Metrorail or Metromover station or, if more than 600 feet walking
distance from a Metrorail or Metromover station, connected by a parking
shuttle system approved by the city.
2. Any outlying location within a maximum of 1,200 feet walking distance
to a Metrorail station or a designated Metrobus park/ride facility approved
by the city.
(c) Air quality requirements. The following air quality requirements shall apply to all Downtown
development except: renovation of existing structures or land improvements; change in use or
intensity of use of an existing structure or land improvement when such change generates a net
increase of less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous
use or intensity; new structures or additions to existing structures of less than 10,000 square
feet; excavation; demolition; or deposit of fill. Development not excluded above shall comply as
follows:
Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at
any intersection projected to operate at level of service (LOS) E or F. If required, the CO
15
modeling shall be conducted according to Dade County department of environmental resources
management (DERM) standards and submitted in a report that includes an assessment of
transportation control measures required to maintain CO concentrations below 80 percent of the
State of Florida's eight -hour standard of ten micrograms per cubic meter, during the year
following occupancy of the development. The development shall be responsible for its fair share
of any transportation improvement deemed by the city to be necessary to protect against future
violations of the CO standard.
(d) Large scale development requirements. In addition to the requirements of paragraphs (a)
through (c) above, any Downtown development that requires a major use special permit
pursuant to the provisions of the city's zoning regulations shall comply with these additional
requirements:
(1) Submit a transportation control measures (TCM) plan as a part of the application for
a major use special permit. Such TCM plan shall outline and describe the transportation
control measures proposed to be undertaken by the development in order to achieve a
reduction of at least ten percent in peak hour vehicle trips. The plan shall describe a
reporting procedure that will measure actual performance against the TCM plan's
objectives.
(2) Each year following issuance of a certificate of occupancy, the development shall
submit an annual report describing actual performance against the TCM plan objectives,
an evaluation of such performance, and recommendations for modification to the TCM
plan, if any.
(e) Special provisions.
(1) For special uses possessing unique characteristics that affect parking requirements,
such as convention center, sports arena, stadium, auditorium, museum, theater, major
league ballpark, and the like, parking requirements shall be calculated for each such use
based on its special characteristics, hours and days of peak operation, location with
respect to Metrorail, Metromover, and Metrobus services, peripheral and other existing
parking, and similar unique characteristics that affect the quantity and location of
necessary parking.
(2) Parking as a principal permitted use may be permitted in such quantities and
locations as determined by the city to be necessary to satisfy a measurable deficiency
between the need for, and supply of, parking spaces that cannot be reduced through
rigorous application and enforcement of the transportation control measures contained
herein.
(Ord. No. 10543, § 1, 1-26-89; Ord. No. 10675, § 1, 11-30-89; Ord. No. 11032, § 2, 12-10-92;
Code 1980, § 14-71)
16
Sec. 14-183 — Southeast Overtown/Park West: Environmental regulations.
All development shall adhere to all terms and conditions in the development orders and in
addition:
(1) During construction, all Southeast Overtown/Park West development with areas of
exposed soil over 5,000 square feet shall have said exposed areas sprayed with water
as frequently as necessary to prevent airborne dust. Other methods of controlling
airborne dust may be substituted if approved by DERM. If any area of exposed soil over
5,000 square feet is intended to be undisturbed by construction for more than 90 days,
such area shall be sodded or seeded and mulched to provide grass cover.
(2) During construction, section 3307.1 of the Florida Building Code shall be enforced by
requiring all stormwater runoff to be retained on site, or by placing temporary screens,
berms, and/or riprap around the perimeter of the construction site to filter all stormwater
runoff until the permanent stormwater retention system is operative. Such retention or
filtration systems shall be approved by DERM and the city department of public works.
(3) All stormwater drainage systems shall be approved by DERM pursuant to Miami -
Dade County and the South Florida Water Management District rules; and shall be
designed to retain on site at least the first one inch of runoff from a five -near storm event.
(4) All drainage structures, including wells, shall include pollutant -retardant devices
approved by DERM pursuant to Chapter 24, Miami -Dade County and the applicable
South Florida Water Management District rules. Such pollutant -retardant devices shall
be maintained in efficient operating condition, including periodic removal of accumulated
contents.
(5) Net new development shall reduce pollutants entering groundwater and/or surface
waters by limiting application of pesticides and fertilizers in vegetated stormwater
retention areas to once per year for preventive maintenance and to emergencies, such
as uncontrolled insect infestation.
(6) Net new development shall reduce pollutants entering groundwater and/or surface
waters by vacuum sweeping all parking lots of 11 or more vehicle spaces and private
roadways serving the parking lots at least once per week.
(7) All development is subiect to section 24-18 of the Miami -Dade County Code.
(8) Prior to construction on any site, all invasive exotic plants shall be removed,
specifically melaleuca, casuarina, and Brazilian pepper. Net new development shall use
only those species included in the official list of recommended plant species prepared by
DERM, as may be amended from time to time; provided, however, that additional
species may be used if written approval is supplied by DERM. Said official list is on file
with the planning, building and zoning departments.
(9) All fill material utilized for excavation activities or from offsite sources shall meet the
clean soils criteria of the Florida Department of Environmental Protection (FDEP), and
DERM, as applicable.
17
Sec. 14-184 - Southeast Overtown/Park West: Transportation control measures
(a) General requirements. The following requirements shall apply to all Southeast
Overtown/Park West development except renovation of existing structures or land
improvements; change of use or intensity of use of an existing structure or land improvement;
when such change generates a net increase of less than 50 peak -hour vehicle trips over the
vehicle trip generation of the previous use or intensity; new structures or additions to existing
structures of less than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall:
(1) Actively encourage all employees within the development to participate in carpools,
vanpools, car sharing and the use of hybrid vehicles by establishing or participating in an
information and referral program, installing electric vehicle charging stations within the
development's parking facilities, and maintain a current list (updated annually) of all
employees interested in participating in such programs. At least once each calendar
year, ridesharinq information packages and questionnaires shall be obtained from the
Florida department of transportation through its regional commuter assistance program
for the South Florida region and distributed to all tenants and employees.
(2) Establish and maintain current local and regional mass transit route and schedule
information in locations throughout the development that are visible and accessible to
existing and potential transit users. Mass transit route and schedule information shall be
displayed in a prominent public area of the building such as the lobby or near pedestrian
access points to parking garages or lots. At no less than six-month intervals, route and
schedule information maintained on the premises shall be verified as to current status
and replaced if obsolete.
(3) Provide site plan amenities such as improved pedestrian access to transit stops, and
bicycle storage facilities. Encourage mass transit use by the provision of bus shelters,
bus turnout lanes, or other physical improvements intended to improve the safety,
comfort, or convenience of transit ridership, where such transit amenities are needed as
determined by the planning, building and zoning director.
(4) Encourage mass transit use through the purchase of transit passes from Miami -Dade
County, and making them available to building tenants and/or employees at a
discounted price or at no charge, or in lieu of employer -subsidized employee parking.
(5) Reduce peak -hour trip generation through scheduling, where practical, staggered
work hours for employees, flexible work hours, and telecommutinq programs.
(b) Parking requirements. The following parking requirements shall apply to all Southeast
Overtown/Park West development except: renovation of existing structures or land
improvements; change in use or intensity of use of an existing structure or land improvement,
when such change generates a net increase of less than 50 peak -hour vehicle trips over the
vehicle trip generation of the previous use or intensity; new structures or additions to existing
structures of less than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall comply as follows:
18
(1) Parking shall be provided by the development in accordance with the applicable
provisions of the city's zoning regulations, but in no case shall parking be provided in
excess of the following amounts:
MAXIMUM PARKING SPACES
PERMITTED BY TYPE OF USE
Use
Maximum Parking
1 Residential
1 Retail
1 Hotel/motel
1 Restaurant
\Office/other
2 spaces per dwelling unit
1 space per 300 sq. ft. GFA
1.5 spaces per room
1 space per 300 sq. ft. GFA
1 space per 600 so. ft. GFA east of the FEC
1 space per 300 sqe. ft. GFA west of the FEC
(2) Of the total parking provided, the number of spaces that can be placed on -site may
be constrained by the city due to street capacity and/or air quality requirements.
(3) The minimum number of required parking spaces shall be in accordance with the
applicable provisions of the city's zoning regulations. For office uses only, there shall be
no minimum number of spaces required to be on site; all parking may be located off site
in a location approved by the city. If less than the minimum number of required spaces is
permitted to be located on site, then:
a. The developer shall execute a permanent agreement to purchase transit
passes in lieu of providing parking spaces, in an amount equal to two transit
passes per each required parking space that is not provided;
b. The developer shall make a one-time payment equal to the current "gap -
financing" cost for each space as established by the city's department of off-
street parking and enter into an agreement with the department of off-street
parking to lease the spaces once built; or
c. The developer shall own or lease the off -site spaces elsewhere in a location
approved by the city. "Elsewhere" is defined as being one or a combination of the
following locations:
1. A peripheral downtown location near expressway and/or arterial street
entrance to downtown and within a maximum of 600 feet walking distance
to a Metrorail or Metromover station or, if more than 600 feet walking
distance from a Metrorail or Metromover station, connected by a parking
shuttle system approved by the city.
2. Any outlying location within a maximum of 1,200 feet walking distance
to a Metrorail station or a designated Metrobus park/ride facility approved
by the city.
19
(c) Air quality requirements. The following air quality requirements shall apply to all Southeast
Overtown/Park West development except: renovation of existing structures or land
improvements; change in use or intensity of use of an existing structure or land improvement
when such change generates a net increase of Tess than 50 peak -hour vehicle trips over the
vehicle trip generation of the previous use or intensity; new structures or additions to existing
structures of less than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall comply as follows:
Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at
any intersection projected to operate at level of service (LOS) E or F. If required, the CO
modeling shall be conducted according to DERM standards and submitted in a report that
includes an assessment of transportation control measures required to maintain CO
concentrations below 80 percent of the State of Florida's eight -hour standard of ten micrograms
per cubic meter, during the year following occupancy of the development. The development
shall be responsible for its fair share of any transportation improvement deemed by the city to
be necessary to protect against future violations of the CO standard.
(d) Large scale development requirements. In addition to the requirements of paragraphs (a)
through (c) above, any development that requires a major use special permit pursuant to the
provisions of the city's zoning regulations shall comply with these additional requirements:
(1) Submit a transportation control measures (TCM) plan as a part of the application for
a major use special permit. Such TCM plan shall outline and describe the transportation
control measures proposed to be undertaken by the development in order to achieve a
reduction of at least ten percent in peak hour vehicle trips. The plan shall describe a
reporting procedure that will measure actual performance against the TCM plan's
objectives.
(2) Each year following issuance of a certificate of occupancy, the development shall
submit an annual report describing actual performance against the TCM plan objectives,
an evaluation of such performance, and recommendations for modification to the TCM
plan, if any.
(e) Special provisions.
(1) For special uses possessing unique characteristics that affect parking requirements,
such as convention center, sports arena, stadium, auditorium, museum, theater, major
league ballpark, and the like, parking requirements shall be calculated for each such use
based on its special characteristics, hours and days of peak operation, location with
respect to Metrorail, Metromover, and Metrobus services, peripheral and other existing
parking, and similar unique characteristics that affect the quantity and location of
necessary parking.
(2) Parking as a principal permitted use may be permitted in such quantities and locations as
determined by the city to be necessary to satisfy a measurable deficiency between the need for,
and supply of, parking spaces that cannot be reduced through rigorous application and
enforcement of the transportation control measures contained herein.
Secs. 14-185-14-210. - Reserved.
20
Miami, Florida, Code of Ordinances » PART II - THE CODE » Chapter 14 - DOWNTOWN
DEVELOPMENT » ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK
WEST DEVELOPMENTS OF REGIONAL IMPACT» DIVISION 4. - ENFORCEMENT»
DIVISION 4. - ENFORCEMENT
Sec. 14-211. - Penalty; procedures.
Secs. 14-212-14-250. - Reserved.
Sec. 14-211. - Penalty; procedures.
A violation of this article shall be prosecuted in the same manner as misdemeanors are
prosecuted and upon conviction the violator shall be punishable according to law; however, in
addition to, or in lieu of any criminal prosecution, the city shall have the power to sue in civil
court and to enforce the provisions of this article before its code enforcement board. Further, the
planning, building and zoning director, zoning administrator or building official are hereby
empowered to temporarily revoke any building permit or certificate of occupancy for
development evidencing violation of this article pending a rccieiohrescission determination by
the planning, building and zoning director.
(Ord. No. 10543, § 1, 1-26-89; Ord. No. 10675, § 1, 11-30-89; Code 1980, § 14-72)
Secs. 14-212-14-250. - Reserved.
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