HomeMy WebLinkAboutExhibit AEXHIBIT A
THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER
AND
THE INCREMENT III DEVELOPMENT ORDER
Southeast Overtown Park West SEOPW
Development of Regional Impact (DRI)
Master Development Order Conditions
NAME OF DEVELOPMENT: Southeast Overtown/Park West Development of Regional
ImpactImpact
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: March 22, 2022 December 31, 2025
MASTER DEVELOPMENT ORDER TERMINATION DATE: March 22, 2022 December 31, 2027
MASTER DEVELOPMENT ORDER EXPIRATION DATE: Dcccmbcr 31, 2026 December 31, 2029
PROJECT DESCRIPTION: The Project consists of development in the Southeast Overtown / Park West
Community Redevelopment Area through December 31, 20256, including the following land uses and
increments:
Land Uses
Increment I
(1988-1997)
Increment II
(1992-2019)
Increment III
(19199 20072012-
Totals
2025)
Office
(gsf)
166,000
337,000
500,500
1,003,500
2,300,000
2,803,000
Commercial
(gsf)
72,272
94,828
90,6001,250,000
257,700
1,417,100
Hotel
(rooms)
0
500
6042,100
1,100
2,600
Residential
(units)
2,000
2,000
5,0004,000
g79A9
8,000
Attractions/
Recreation
(seats)
8,000
8,000
0
16,000
Conference
0
0
200,000
200,000
Ln
Pursuant to F.S. 380.06(252) (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
Master Development Order Conditions
SEOPW DRI Incrcmcnt IIE
Page 1
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.
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.1' on page 12 herein.
Certificate of Occupancy: A permanent or temporary and/or partial Certificate of Occupancy issued,
pursuant to Scction 307 of the South Florida Building Code, for any "Net New Development" as defined
herein.
City: The City of Miami, Florida.
Council: The South Florida Regional Planning Council.
DEOGA: The—Bc tmcnt of Ce mty Af s, now kn asThe Department of Economic
Opportunity, (DEO), formerly known as the Department of Community Affairs.
DERM: The Metropolitan Dade County Department of Environmental Resources Management.
DRI: Development of Regional Impact.
Development Credits: The individual units of land uses included within Total Allowable Development, as
measured by square footage, or number of dwelling units, hotel 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.
DRER: The Miami -Dade County Department Regulatory and Economic Resources, formerly known as the
Department of Environmental Resource Management.
Major Use Special Permit: A special permit issued by the City Commission pursuant to Ordinance
950011000, 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
Master Development Order Conditions SEOPW DRI Increment IIE
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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.
Parcel of Land: Any quantity of land capable of being described with such definiteness that its location
and boundaries may be established, and which is designated by its owner or developer as land to be
used or developed as a unit or which has been used or developed as a unit.
Project: That Project described in the "PROJECT DESCRIPTION" on Page 1 herein.
Project Area: The area included within the legal description in Exhibit 2 (Bounded by 1-95, 1-395, N.W. 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)
(19871987), 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(2425) (19874—,), 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
Master Development Order Conditions SEOPW DRI Incrcmcnt IIE
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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.
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 twcnty 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 may 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 January 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 applicablc portion of the Statc land dcvclopmcntState
comprehensive plan and the Strategic Regional Policy Plan for South Florida.
L. The Project is in conformityconsistent 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 tThethe Project, as amended,-s 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.
Master Development Order Conditions SEOPW DRI Incrcmcnt II[
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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.
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 acting as a "downtown development authority" as dcfincd in F.S. 380 (1987),
and is authorized by F.S. 380 (1987}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 goals 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 (19871987), 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 (19871987), 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, including
but not limited to Chapters 17 and 23 of the City Code.
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.
Master Development Order Conditions SEOPW DRI Increment IIE
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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
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)4 through (h)4 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 (SIC1 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
Master Development Order Conditions SEOPW DRI Incrcmcnt IIE
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constructed with impervious floors, without drains, to ensure containment and facilitate
cleanup of any spill or leakage
b. Prohibit any outside storage of hazardous materials or hazardous waste. The exception to
this condition is for retail goods typically associated with residential nursery activity, such as
lawn fertilizers and garden pesticides. Those areas used for the storage of these goods are
subject to the requirement contained in Condition 5c. Below.
c. Require that any area used for loading and/or unloading of hazardous material be covered
and equipped with a collection system to contain leakage and accidental spills.
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
DERMERM 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 DERMDRER and Florida Department of Environmental
RcgulationProtectionProtection, 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 Fcdcral Florida Department of Environmental RcgulatioriProtection.
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 DERMERM,
Council staff, and the Florida Department of Environmental Rcgulation 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
Master Development Order Conditions SEOPW DRI Incrcmcnt IIE
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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.
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.
40,11. Prior to approving any permit for ground disturbing activities related to construction or tree
removal within the archaeological zonesprobability areas, 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.
3412. 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.
4-2,13. For all development activity, othcr than development on sitcs contained in Exhibits 3 and 'I
herein (since these sitcs arc subject to Conditions 11 and 12, above), AasAs 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.
314. Monitor development and redevelopment activities to ensure that for each habitable unit of low
income housing eliminated as a result of public action within the Pprojcct AarcaaProject Area,
the City 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 loss of
Master Development Order Conditions SEOPW DRI Increment IIE
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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.
44.15. 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.
3546. 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.
1-647. 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.
318. 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:
319. The City shall monitor the capacity of Total Allowable Development by reserving the
amount of Development Credits necessary for Net New Development at a time, to be
determined by the City, prior to or coincident with approval of a building permit or Major Use
Special permit._ The City shall „ whenever practical, will -place reasonable time limits on all
building permits and Major Use Special permits to assure that construction progresses within a
reasonable period of time after approval to prevent stockpiling of reservations for Development
Credits. The reservations of development credits shall not exceed the period of time provided in
the applicable building permit(s). The timc period established by thc City shall take into account
thc size of thc proposed Net New Development in relationship to thc timc necessary to begin
construction.
320. Upon thc issuance of a Certificate of Occupancy for any Net New Development, thc City
shall make appropriate subtractions from thc amount of Total Allowable Development under
this Development Order. 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
Master Development Order Conditions SEOPW DRI Increment IIE
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issued for Net New Development which would, in the aggregate, exceed the amount of Total
Allowable Development under this Development Order.
2-8,21. The City shall integrate all original and supplemental ADA information into a Consolidated
Application for Development Approval (CADA) and submit two copies of the CADA to the
Council, one copy to the City Clerk, and one copy to the Florida Department of Community
Affairs 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.
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.
2-1,22. 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.
22 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.
224. The following regional issues as they appear in the CADA have been sufficiently reviewed for the
total Project (extending through the year December 31, 20162029) 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 — Soils
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
Master Development Order Conditions SEOPW DRI Incrcmcnt IIE
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Question 7:
Question 8:
Question 9:
Question 12:
Flood Prone Areas
Vegetation and Wildlife
Historical and Archeological Sites
Other Public Facilities
C. Energy
D. Education
E. Recreation and Open Space
Question 13: Housing
2-425. 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, 20162029§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
226. 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.
2&27. The CRA shall prepare a biennial report and submit copies to the Council, the City Clerk, and
Florida Department of Economic Opportunity Community Affairs 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.
Master Development Order Conditions SEOPW DRI Incrcmcnt IIE
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b. Identification and description of any known changes in the plan of development, or in the
representations contained in the CADA, or in the phasing for the reporting year and for the
next year.
c. A summary comparison of Total Allowable Development and Net New Development
proposed and actually approved during the year, including locations, acreage, square
footage, number of units, and other units of land uses included within Total Allowable
Development, and the acreage zoned and developed as City parks.
d. An assessment of the Applicant's and the City's compliance with the conditions of approval
contained in this Development Order and the commitments which are contained in the
Application for Development Approval and which have been identified by the City, the
Council, or the Department of Community Affairs 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 DERMERM 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 Community Affairs (DCAEconomic
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 March 22,
2013December 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) (19872011). The expiration date for the development order shall be December
31. 20292017.
Master Development Order Conditions SEOPW DRI Incrcmcnt IIE
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&29. The effective date of this Development Order shall be 45 days from its transmittal to the Florida
Department of Community AffairsEconomic 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.
230. The City shall not violate any of thc conditions of this Development Order or otherwise fail to act
in substantial compliance with this Development Order or permit any property owner within the
boundaries covered by this Development Order to violate any of thc provisions of this
Development Order. In the event any entity controlled by the Applicant and/or the City or any
permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of
this Development Order, the City shall stay the effectiveness of this Development Order as to
the Parcel of Land, in which the violative activity or conduct has occurred and withhold further
permits, approvals, and services for development in said Parcel of Land, upon passage of any
appropriate resolution by the City, adopted in accordance with this section, finding that such
violation has occurred. The violator 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
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 PBACRA, 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 Southeast Ovcrtown/Park West ProjcctPlanning 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 t -of decisions of the Project Planning Director may be filed pursuant
to procedures set forth in Article 30 of Ordinance 9500, the Zoning Ordinance of the City of
Miami, Florida, as amended. Any noncompliance shall be subject to the provisions of Paragraph
2930 herein.
432. 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.
42,33. Within 30 days of the effective date of this Development Order, it ch'1589allshall 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.
Master Development Order Conditions SEOPW DRI Increment IIE
Page 13
33.34. 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.
34.35. 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).
3-36. 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.
3&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 Major Use Spccial Pcrmitsother development approvals and shall continue to do so
unabated, subject to the terms and conditions of this Development Order.
3-38. 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 Major Use Spccial Pcrmitsother development approvals until such
time as a final resolution of the litigation occurs.
38. Upon thc adoption of thc local government comprehensive plan pursuant to F.S.
163.3161(1985), as amended, for thc City of Miami, thc City may rescind this Master
Development Order at thc completion of thc first increment in thc event that thc City, after a
Master Development Order Conditions SEOPW DRI Increment IIE
Page 14
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, including
but not limited to Chapters 17 and 23 of the Code Code.
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:
Development Order Conditions SEOPW DRI — Increment III
Page 1
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
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 III
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
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:
Increment III
Total Allowable Development
Use
West Area
(West of N.W.
1st Avenue)
East Area
(East of N.W.
1st Avenue)
Total
Allowable
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 III
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