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HomeMy WebLinkAboutPZAB 7-17-13 Supporting DocsPLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-00763 Title: Location: Applicant(s): Purpose: PZAB.5 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") DEVELOPMENT OF REGIONAL IMPACT ("DRI"), A/K/A THE CITY OF MIAMI'S SEOPW REDEVELOPMENT AREA PURSUANT TO RESOLUTION NO. 82-755; AUTHORIZING AN AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND AN INCREMENT III DEVELOPMENT ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT ORDER; APPROVING SAID DRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ("SFRPC"), THE COMMUNITY REDEVELOPMENT AGENCY, AND THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), SUBJECT TO THE CONDITIONS OF THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SFRPC INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION, THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, Southeast Overtown Park West Area [Commissioner Michelle Spence -Jones - District 5] Clarence Woods, Executive Director, on behalf of the Community Redevelopment Agency of the City of Miami 1490 NW 3rd Avenue, Ste. 105 Miami, Florida 33136 (305) 679-6800 This will allow for numerous benefits to facilitate development within the SEOPW area. Planning and Zoning Department Recommendation: July 17. 2013 83 9T JLi 95 U 2 F 2 NIEL S i■■.ISoutheast Overtown/ ®®®�r Parkwest DRI 0 125 250 500 Feet lii1lllil Disclaimer This map is provided for reference only and it is not to be used as a legal docuement for any information. For any OFFICIAL information please contact the City of Miami Planning Department or the South Florida Regional Planning Council. Credits and Sources: City of Miami Planning Department South Florida Regional Planning Council 2 3 w TN --1-raw4T IIIIIIME NNE h1w t1'OTI TFR J NW 11T aY ItJ l 9 MIN Min INIIIIIE -- 2 J/ a N Z ITH ST 3T ST TE MN= 6 HST `NE 14TH ST EIL2 ■■ ■■■■■■....■■■■■••wwwl f:9.■■■■■■■.■■■■■■■..■■ 9r9P99t9 E z I1 1110 395 NE-1-1TH T€ NE 1 2T 395 1 Z fV W Z NE 9TH NF e TH S T ST 11 ■ • • • 22 C:L E3 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • • • • \ H AVE NE 9TH ST ingki D JNNp,$ED file: C:IMyDocumentsfGISIDR/ISEOPWDRI.mxd J 1 l 11 MICHELLE SPENCE-JONES Board Chair November 2, 2012 Mr. Johnny Martinez City Manager Office of the City Manager Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130-1910 CLARENCE E. WOODS. 11I Executive Director Re: Southeast Overtown Park West Development of Regional Impact (SEOPW DRI) Increment III -Public Hearings Dear Mr. Martinez: We are writing to you on behalf of the Southeast Overtown/Park West Community Redevelopment Agency and the City of Miami, as co -applicants for approval of Increment III of the SEOPW DRI. The purpose of this correspondence is to enclose CRA Resolution CRA-R-12-0063 and respectfully request that the City of Miami carry out the required public hearings to approve the proposed SEOPW DRI Increment III Development Order, the proposed amendment to the SEOPW DRI Master Development Order, and the proposed amendments to update Chapters 13 and 14 of the Code of the City of Miami for consistency with the development orders, and to transmit such approvals to the South Florida Regional Planning Council. Should you have any questions or comments, please do not hesitate to phone me at (305) 679-6802. 5" r LClarence Woods Enclosures CC: Francisco Garcia, Director SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF'vlIAMI 1490 N.M. 3"' Avenue. Ste. 105 'Miami. FL 33136 Tel 1305) 679-68011 Fax 4 305) 679-6835 http.-wv,u.iniamicra.com Mr. Johnny Martinez November 2, 2012 Page 2 Carmen Sanchez, Assistant Director Maria Chiaro, Deputy City Attorney Rafael Suarez -Rivas, Assistant City Attorney Chelsa Arscott, Program Administrator Rob Curtis, AICP Jeffrey Bercow, Esq. Melissa Tapanes Llahues, Esq. SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES 49 N.W. 5TH Street, Ste. 100 / Miami, FL 33128 / Telephone: (305) 679-6800 / Facsimile (305) 679-6835 Email: crac ci.miami.fl.us. / Website: www.miami-cra.org City of Miami Legislation CRA Resolution: CRA-R-12-0063 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01069 Final Action Date: 9/24/2012 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("SEOPW DRI") INCREMENT III DEVELOPMENT ORDER; RECOMMENDING APPROVAL OF THE PROPOSED AMENDMENT TO UPDATE THE SEOPW DRI MASTER DEVELOPMENT ORDER; RECOMMENDING APPROVAL OF THE PROPOSED AMENDMENTS TO UPDATE CHAPTER 13 AND CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI FOR CONSISTENCY WITH THE SEOPW DRI INCREMENT III DEVELOPMENT ORDER AND SEOPW DRI MASTER DEVELOPMENT ORDER; DIRECTING THE EXECUTIVE DIRECTOR TO REQUEST THE CITY OF MIAMI MANAGER TO CARRY OUT THE REQUIRED PUBLIC HEARINGS FOR APPROVAL OF THE SEOPW DRI INCREMENT III DEVELOPMENT ORDER, APPROVAL OF THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER, APPROVAL OF THE AMENDMENTS TO CHAPTER 13 AND CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI AND TO TRANSMIT SUCH APPROVALS TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-08-0043, passed and adopted on August 27, 2008, authorized a professional services agreement, in an amount not to exceed $743, 500 to The Curtis Group, to program Increment III of the SEOPW DRI Master Development Order; and provided an option to include the expanded CRA boundaries and/or the Miami World Center project at an additional costs contingent upon approval by the Board 01 Commissioners; and WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-09-0010, passed and adopted on January 26, 2009, authorized exercise of the option to expand the agreement with The Curtis Group for implementation of Increment III o1 the SEOPW DRI Master Development Order to include review of the Miami World Center Project as a development of regional impact, at a cost not to exceed $500,000, for a total project cost not to exceed $1,243,500; and WHEREAS, the Board of Commissioners wishes to approve the SEOPW DRI Increment III Development Order, approve the proposed amendment to update the SEOPW DRI Master Development Order; approve the proposed amendments to update Chapters 13 and 14 of the Code of the City of Miami for consistency with the SEOPW DRI Increment III Development Order and SEOPW DRI Master Development Order; and WHEREAS, the Board of Commissioners wishes to direct the Executive Director to request the City of Miami Manager to carry out the required public hearings for approval of the SEOPW DRI Increment III Development Order, approval of the proposed amendment to the SEOPW DRI Master Development Order, approval of the proposed amendments to Chapters 13 and 14 of the Code of the City of Miami, and to transmit such approvals to the South Florida City of Miami Page 1 of 2 File Id: 12-01069 (Version: 1) Printed On: 10/1/2012 File Number. 12-01069 Enactment Number: CRA-R-12-0063 Regional Planning Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The SEOPW DRI Increment III Development Order and proposed amendments to the SEOPW DRI Master Development Order and to Chapters 13 and 14 of the Code of the City of Miami for consistency with the SEOPW DRI Increment III Development Order has been approved. Section 3. The Executive Director is authorized to request the City of Miami Manager to carry out the required public hearings for approval of the SEOPW DRI Increment III Development Order, and approval of the proposed amendments to the SEOPW DRI Master Development Order and to Chapters 13 and 14 of the Code of the City of Miami, and to transmit such approvals to the South Florida Regional Planning Council. Section 4. The Executive Director is authorized to execute all documents necessary for said purpose, in a form acceptable to General Counsel. Section 5. This resolution shall become effective immediately upon its adoption. City of Miami Page 2 of File Id: 12-01069 (Version: 1) Printed On: 10/1/2012 DRAFT 13-00763zt Code Amendment To Add & Update Language in the SEOPW DRI Increment III CITY COMMISSION FACT SHEET File ID: 13-00753zt Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," AND CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY ADDING AND UPDATING LANGUAGE IN CHAPTER 13 AND CHAPTER 14, WHICH LANGUAGE RELATES TO ISSUANCE OF INCREMENT III DEVELOPMENT ORDER AND AMENDMENT TO SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT MASTER DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Southeast Overtown Park West Area [Commissioner Michelle Spence -Jones - District 5] Applicant(s): Johnny Martinez, City Manager, on behalf of the City of Miami 3500 Pan America Drive Miami, Florida 33133 (305) 250-5400 Purpose: This will add and update language in the SEOPW DRI Increment III. Planning and Zoning Department Recommendation: Approval. City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00763zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," AND CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY ADDING AND UPDATING LANGUAGE IN CHAPTER 13 AND CHAPTER 14, WHICH LANGUAGE RELATES TO ISSUANCE OF INCREMENT III DEVELOPMENT ORDER AND AMENDMENT TO SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT MASTER DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110 approving a Master Development Oder for the SEOPW DRI, and resolution No., 88-111 approving the Increment I Development Order for the SEOPW DRI; and WHEREAS, there are corresponding duties and functions related to Development Supplemental Fees and Southeast Overtown/Park West Developments of Regional Impact found in the Code of the City of Miami, Florida, as amended ("City Code"); and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 13 and Chapter 14 of the City Code, are amended in the following particulars: {1} "CHAPTER 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES ARTICLE III. SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE Sec. 13-96. - Short title. Sec. 13-97. - Intent. Sec. 13-98. - Findings. City of Miami Page 1 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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. (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. City of Miami Page 2 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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) (4) 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 Florida department of community affair 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 or its functional equivalent, 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, City of Miami Page 3 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (5) (6) (7) (8) (9) (10) 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. 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. City of Miami Page 4 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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. (12) 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. (13) 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 and is in the best interest of the city and its residents. (14) 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. (15) 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. City of Miami Page 5 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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, and 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. (a) (b) Except as may be provided in section 13-104, no building permits er-,.major use special permits, or its functional equivalent, or other permit approving development, 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. 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, from time of foundation permit to time of shell permit only, upon a finding that the time extension is warranted due to particular financing aspen s „f the proposed project. 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, including demolition. (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: City of Miami Page 6 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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 (204411), as amended by the increment II ADA filed in 1992 and the increment III 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 IS 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 384-105 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. City of Miami Page 7 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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 I1 and/or increment II, or 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- , 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 ordinance. Hotel use shall mean lodging or hotel uses as any facility containing more than one "lodging unit," as defined in the zoning ordinance; and may include meeting and banquet facilities and convenience goods and services for hotel guests, provided that the total of such ancillary facilities shall not exceed 15 percent of proposed hotel 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 may be credited against the proposed new land uses for purposes of calculating the net increase, if the planning director City of Miami Page 8 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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,ter 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 area" in the zoning ordinance. City of Miami Page 9 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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 l a-r 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. Zoning ordinance shall mean city Ordinance Number 11000, as amended Ordinance 13114 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 Air DRI/Master DRI Total Fee Mitigation Quality Plan Administration Coefficient Recovery City of Miami Page 10 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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 HoteI2 $0.26 $0.02 $0.40 $0.18 $0.86 Recreation3 $0.25 $0.00 $0.40 $0.18 $0.83 Notes: 1These 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 $102.00 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) 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 Retail/service $0.510 $0.014 $0.298 $0.148 $0.969 City of Miami Page 11 of 41 File Id. 13-00763zt (Version 1) Printed On: 6/21/2013 Residential' $0.074 $0.003 $0.298 $0.148 $0.523 Hotel` $0.184 �J$0.005 $0.298 $0.148 $0.635 Recreation3 $0.000 $0.000 $0.000 $0.000 $0.000 ;Convention $0.886 $0.024 $0.298 $0.148 $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 adiusted-calculated 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 adsted-calculated 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) a) 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 2 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 categories for the -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). City of Miami Page 12 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (2) (3) Air 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 waived, for fees attributable to applicants if such fee is generated by affordable housing development certified by the City of Miami Department of Community 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. a) DRI/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. City of Miami Page 13 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (4) 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. a) Administration. 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,waived 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 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. 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 City of Miami Page 14 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 a) The coefficients in the ffable 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. b. 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 adjustment occurring on Aprif May 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 City of Miami Page 15 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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 a 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) City of Miami Page 16 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (b) (c) (d) (e) Collection of Southeast Overtown/Park West development supplemental fee. Southeast Overtown/Park West development supplemental fees due pursuant to this 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 time after zoning approval and prior to the 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) City of Miami Page 17 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (2) (3) (4) 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 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. City of Miami Page 18 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (f) 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, through the SEOPW CRA at the CRA's expense, 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) 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 to undertake projects to mitigate for transportation and air quality impacts of the DRI. (Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-70) Sec. 13-106. - Appeal procedures; impact fee board of review. City of Miami Page 19 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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. CHAPTER 14 City of Miami Page 20 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 DOWNTOWN DEVELOPMENT ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENTS OF REGIONAL IMPACT DIVISION 1. - GENERALLY DIVISION 2. - RESERVATION OF DEVELOPMENT CREDITS DIVISION 3. - DEVELOPMENT REGULATIONS DIVISION 4. - ENFORCEMENT 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 88-110i 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. A permit I.sued by the city planning, building and zoning department, pursuant to the South Florida Building Code, for the construction or alteration of a term shall be construed to mean all building permits needed to construct or alter the full amount of net new development for which a reservation of development credits has been i"sued on any given parcel of land. City of Miami Page 21 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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., pursuant to section 307 of the South Florida Building Code, for any "net new development" as defined herein. City: The City of Miami, Florida. 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,E 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, and 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 for large developments pursuant to former Zoning Ordinance Number 11000, the zoning ordinance of the cit„ as amendedor its functional equivalent. 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, increment II, or increment III 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 Permitting, Environment and Regulatory Affairs.Metropolitan Miami Dade County City of Miami Page 22 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 regulatory and economic resources department, of division of environmental resources management. DRER: Department of Regulatory and Economic Resources of Miami Dade County 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 orin a zoning approval 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- or building permit, or MUSP. SF, gross square feet, or gross square footage shall mean the floor area as defined within the zoning ordinance. 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 1 Land Uses Increment I (1988-1997) Increment II (1992-1999) Increment III (1999-2007) Totals Office (gross square feet) 6,919,550 3,600,000 3,700,000 14,219,550 Government office (gross square feet) 300,000 250,000 200,000 750,000 Retail/service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (rooms) 1,500 500 1,100 3,100 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/industrial (gross square feet) 1,050,000 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0' 300,000 600,000 Attractions/recreation (seats) 6,500 1,600 5,000 13,100 City of Miami Page 23 of 41 File Id: 13-00763zt (Version 1) Printed 0n: 6/21/2013 SOUTHEAST OVERTOWN/PARK WEST Land Uses Increment I (1988 1997) Increment II 1999) Increment III 2007) Totals (1988-2005) (1992 (1992-2019) (1999 (2012-2025) Office (gross square feet) i 166,000 337,000 500,500 1,003,500 2,300,000 2,803,000 Retail/service general commercial ;(gross square feet) 95/100 71,700 90,600 257,700 72,272 94,828 1,250,000 1,417,100 3 Hotel (rooms) 0 500 6002,100 1,0002,600 i Residential (dwelling units) { 2,000 2,000 54,000 9,0008,000 ;Attractions (seats) 8,000 8,000 0 16,000 Conference (gross square feet) 0 0 200,000 200,000 Work: Work shall be considered to have commenced and be in active progress when the planning, building and zoning directorplanninq 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 13114, 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. 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. City of Miami Page 24 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 Sec. 14-156. — Downtown: Appeals. Section 11 151 11 180. Reserved 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 subsequent 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. Sec. 14-163. — Southeast Overtown/Park West: Notice to Southeast Overtown/Park West Community Redevelopment Agency Secs. 14-164-14-180. - Reserved. Sec. 14-151. - Downtown: With building permit. Application for reservation of development credits for net new development within the downtown or Southeast Overtown/Park West 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 oor CSo tread Over tv`v"v n/Park Wect 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 City of Miami Page 25 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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. City of Miami Page 26 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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 therefor, 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. City of Miami Page 27 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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 availability of 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. City of Miami Page 28 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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: Reservation of development credit. (a) Application for reservation of development credits for net new development within the Southeast Overtown/Park West DRI area may be made after zoning approval of a protect and the furnishing of a notice of intent to apply for development credit to the executive director of the Southeast Overtown/Park West Community Redevelopment Agency, with the payment of Administration and Master Plan Recovery fees. 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 zoning approval. Subsequent phases may receive a reservation only after the building permit has been issued for the prior phase. All applicable fees, including Administration, Master Plan Recover, Air Quality, and Transportation, shall be paid prior to obtaining a building permit. Development credits shall be issued upon payment of all applicable fees. Reservation and issuance of development credits are further subject to adherence to the following time limitations: (1) Within 12 months from the reservation of development credits, the applicant must demonstrate to the planning director that construction 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 24 months of a reservation of development credits the applicant must pay all applicable fees, obtaining development credits, and obtain a building permit for the development for which the credit was issued. (3) Within 24 months of the issuance of a building Permit, 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 development credits have been issued. (4) Application for modifications to approved plans within the aforementioned timeframes shall toll required timeframes. The date of zoning approval of a modification shall then be considered as the new date of reservation of development credits or issuance of development credits as the case may be. (b) It shall be the responsibility of the holder of a reservation of development credits or development credits to submit the required information in writing to the planning director and obtain the necessary permits on or before the expiration date of each of the above -described intervals. At or after any of the above -described intervals the planning director may rescind the reservation of development credits or obtained 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 for the rescission. The credit holder may present additional facts, information or data in support of his position prior to the rendering of a City of Miami Page 29 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 final decision by the planning director, which shall be made in writing within 30 days of the date of transmission of the planning zoning director's written notification of reservation of development credit or development credit rescission. Development credits rescinded pursuant to this paragraph shall be held in reserve by the Planning and Zoning Department pending the outcome of an appeal pursuant to section 14-162. Sec. 14-158. - Reserved Sec. 14-159. - Southeast Overtown/Park West: Time limits on development credit reservation after building permit issued. Development credits will remain in effect as long as the building permit remains in effect in accord with the Florida Building Code. If construction has commenced, development credits will remain in effect in perpetuity unless the construction site is abandoned and any constructed improvements are condemned or demolished; in which case the planning director may rescind the development credits. Notice of intent to rescind development credits shall be made, in writing, by the planning director, stating reasons for the rescission. 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 planninq_director, which shall be made in writing within 30 days of the date of transmission of the planning zoning director's written notification of reservation of development credit or development credit rescission. Development credits rescinded pursuant to this paragraph shall be held in reserve by the Planning 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 new development. (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. 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 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. 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 30 days from the date of transmission of the planning director's City of Miami Page 30 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 written notification of reservation of development credit or 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 60 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 14-157 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 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. Sec. 14-163. — Southeast Overtown/Park West: Notice to Southeast Overtown/Park West Community Redevelopment Agency. A courtesy copy of all notices required under sections 14-159 through 14-162 shall be transmitted to the executive director of the Southeast Overtown/Park West Community Redevelopment Agency. (Secs. 14-164-14-180. - Reserved. DIVISION 3. - DEVELOPMENT REGULATIONS Sec. 14-181. - Downtown: Environmental regulations. Sec. 14-182. - Downtown: Transportation control measures. Secs. 14 183 1 /1 .210 Rcscrvcd 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. City of Miami Page 31 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 Sec. 14-181. - Downtown: Environmental regulations. All development shall adhere to all terms and conditions in the development orders and in addition: (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 DERMDRER. 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 DERMDRER and the city department of public works. (3) All stormwater drainage systems shall be approved by DERMDRER 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 DERMDRER 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. City of Miami Page 32 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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 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 MetropolitanMiami 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: City of Miami Page 33 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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 Residential 2 spaces per dwelling unit Retail 1 space per 300 sq. ft. GFA Hotel/motel 1.5 spaces per room Restaurant 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 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. City of Miami Page 34 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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 modeling shall be conducted according to Dada County depar ment of-een ironmental res^ r^^s management (DERM) DRER 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. City of Miami Page 35 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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) 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 DRER. 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, 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 DRER 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-year storm event. (4) All drainage structures, including wells, shall include pollutant -retardant devices approved by DRER 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 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 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 24-18 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 DRER, as may be amended from time to time; provided, however, that additional species may be used if written approval is supplied by DRER. Said official list is on file with the planning, building and zoning departments. City of Miami Page 36 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (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 DRER, as applicable. 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, bicycle shareing, 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 as well wayfindinq signage for access to oicycie lanes ana greenways 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 short term bicycle parking near building entrance and long term bicycle storage facilities. Encouraqe 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 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. City of Miami Page 37 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 (6) Provide public access to planned and existing Greenways adjacent to property, and provide wayfinding to reach the greenway from the street. (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: al 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 Residential 1.5 spaces per dwelling unit Retail 1 space per 600 sq. ft. GFA Hotel/motel 1.5 spaces per room I `Restaurant 1 space per 600 sq. ft. GFA Office/other 1 space per 900 sq. ft. GFA east of the FEC 1 space per 600 sq. 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 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: City of Miami Page 38 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 1. A peripheral downtown location near expressway 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 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: Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at any intersection protected to operate at level of service (LOS) E or F. If required, the CO modeling shall be conducted according to DRER 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 City of Miami Page 39 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 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. 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 recisionrescission 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. * *„ Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} City of Miami Page 40 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 41 of 41 File Id: 13-00763zt (Version 1) Printed On: 6/21/2013 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00763 Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") DEVELOPMENT OF REGIONAL IMPACT ("DRI") , A/K/ATHE CITY OF MIAMI'S SEOPW REDEVELOPMENT AREA PURSUANT TO RESOLUTION NO. 82-755; AUTHORIZING AN AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND AN INCREMENT III DEVELOPMENT ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT ORDER; APPROVING SAID DRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ("SFRPC"), THE COMMUNITY REDEVELOPMENT AGENCY, AND THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), SUBJECT TO THE CONDITIONS OF THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SFRPC INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION, THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Southeast Overtown Park West Area APPLICANT(S): Clarence Woods, Executive Director, on behalf of the Community Redevelopment Agency of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow for numerous benefits to facilitate development within the SEOPW area. WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110 approving City of Miami Page 1 of 3 File Id: 13-00763 (Version: 1) Printed On: 7/3/2013 File Number: 13-00763 a Master Development Oder for the Southeast Overtown Park West ("SEOPW) Development of Regional Impact ("DRI"), and Resolution No., 88-111 approving the Increment I Development Order for the SEOPW DRI; and WHEREAS, on September 22, 1992, the City Commission adopted Resolution No. 92-609 approving the Increment II Development Order for the SEOPW DRI; and WHEREAS, on November 11, 2011, the City of Miami and Community Redevelopment Agency submitted a complete Application for Development Approval for issuance of the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order, to the South Florida Regional Planning Council ("SFRPC"), pursuant to §380.06, Florida Statutes (2012) for the ongoing development through 2027 for the area designated in 1982 by City Commission Resolution No., 82-755, as the SEOPW CRA, as legally described in the Development Order attached hereto as Exhibit "A"; and WHEREAS, on September 24, 2012, the Community Redevelopment Agency adopted Resolution CRA-R-12-0063 approving the issuance of the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order and requested the City of Miami City Manager to carry out the required public hearings for approval of the SEOPW DRI Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order; and WHEREAS, pursuant to §380.06(19), Florida Statutes (2012), on November 2, 2012, the Community Redevelopment Agency submitted a "Notification of a Proposed Change to a Previously Approved DRI," to the City of Miami, the SFRPC, and the Florida Department of Economic Opportunities; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13 * by a vote of * to * (* *), item no. *, recommending * of the issuance of the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order as attached hereto; and WHEREAS, on *, 2013, the City Commission conducted an advertised public hearing pursuant to §380.06, Florida Statutes (2012); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the SFRPC and each element required to be considered by §380.06, Florida Statutes (2012); and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for the issuance of the proposed Increment III Development Order and the proposed amendment to the SEOPW DRI Master Development Order; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to issue the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File Id: 13-00763 (Version: 11 Printed On: 7/3/2013 File Number: 13-00763 Section 1. The Findings of Fact and Conclusions of Law are made with respect to the project as described in the Master Development Order and the Increment III Development Order for the SEOPW CRA and applicable to an area of the City of Miami designated in 1982 by Resolution No. 82-755, as the SEOPW CRA, as more particularly described in Exhibit "A". Section 2. The Amended Master Development Order and the Increment III Development Order for the SEOPW CRA, (Exhibit "A"), are hereby granted and issued. Section 3. It is hereby directed that certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Amended Master Development Order and the Increment III Development Order be immediately transmitted to: The Florida Department of Economic Opportunity and the SFRPC. Section 4. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Amended Master Development Order and the Increment III Development Order for the SEOPW CRA. Section 5. In the event that any portion or section of this Resolution or the Amended Master Development Order or the Increment III Development Order for the SEOPW CRA is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Amended Master Development Order or the Increment III Development Order for the SEOPW CRA and shall remain in full force and effect. Section 6. The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Economic Opportunity, the SFRPC, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved, pursuant to Section 380.07(2) F.S. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU City Attorney City of Miami Page 3 of 3 File Id: 13-00763 (Version: 1) Printed On: 7/3/2013 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 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, 202562025, including the following land uses and increments: Land Uses Increment I (1988-1997) Increment II (1992-2019) Increment III (1999 Totals 200220122012- 2025) Office 166,000 337,000 5007500 1,003,500 (gsf) 2,300,000 22,803,00 0 Commercial 72,272 94,828 90,60011,250,00 257,700 (gsf) 0 1,417,100 Hotel 0 500 60022,100 1100 (rooms) 2,600 Residential 2,000 2,000 5700044,000 97000 (units) 8,000 Attractions/ 8,000 8,000 0 16,000 Recreation (seats) Conference 0 0 200,000 200,000 Pursuant to F.S. 380.06(52) (1987198725) (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 III 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 Section 307 of the South Florida Building Code, for any "Net New Development" as defined herein. City: The City of Miami, Florida. Council: The South Florida Regional Planning Council. DEO A: "e—giepaftment—eff—C-e Rty A s, kno acDEO:—The Department of Economic Opportunity, (DEO), formerly known as the Department of Community Affairs. 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. 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 45 01100011000, 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 IMaster Development Order Conditions SEOPW DRI Increment III Page 2 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. 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( 2525) (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 Master Development Order Conditions SEOPW DRI Incrcmcnt IIE Page 3 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 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. 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 JanuaTyFebruary 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 applicable portion of the State land dcv ;tcomprehensiveState comprehensive plan and the Strategic Regional Policy Plan for South Florida. L. The Project is in conformityconsistentconsistent 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, -is will be consistent with the Miami 21 ZwningZoning 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. Master Development Order Conditions SEOPW DRI Increment 114 Page 4 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. 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, Master Development Order Conditions SEOPW DRI Increment I14 Page 5 I I I 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 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)7). through jhH 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 (SICj 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: Master Development Order Conditions SEOPW DRI Incrcmcnt III Page 6 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. 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 D€RMERM 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 D€RM•ERM and Florida Department of Environmental RegulatiorProtectionProtection, are constructed and used by tenants generating such effluents. f. Dispose of hazardous sludge materials generated by effluent pre-treatment in a manner approved by the Federal Florida Department of Environmental RcgulationProtectionProtection. 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 Regulation 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 Master Development Order Conditions SEOPW DRI Increment III Page 7 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. I8. 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. 10711. 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. 44,12. 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. 4 13. herein (since these sites are 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. IMaster Development Order Conditions SEOPW DRI Incrcmcnt 11E Page 8 4-14. Monitor development and redevelopment activities to ensure that for each habitable unit of low income housing eliminated as a result of pub"^ action within the Pprojcct AarcaProiect 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 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. 4445. 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. 45,16. 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. I 1-6:17. 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. 418. 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: 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 time period established by thc City shall take into account the cizc of the propoccd Nct New Development in relationship to thc time necessary to begir► construction. 4Q20. ✓hall make appropriate subtractions from the amount of Total Allowable Development under this Development Order. At the time of an application for a Building Permit for any Net New IMaster Development Order Conditions SEOPW DRI Increment 114 Page 9 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. I 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 ResourcesOpportunity 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. 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. 2-2,23. 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. 22724. 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&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 — I-1, 1-2, 1-3, 1-4 — Public Facilities Question 5: Water Quality IMaster Development Order Conditions SEOPW DRI Increment III Page 10 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 .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, 6202%2029j 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: Applicant Information Maps: Map H — Master Development Map J series —Transportation Network Display graphics and boards Question 3: Project Description Question 4: Air Quality Question 10: Employment and Economic Characteristics Question 11: Transportation Question 12: Other public facilities A. Wastewater, water, and solid waste B. Health care, police, and fire 25.26. 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. 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 IMaster Development Order Conditions SEOPW DRI Increment 114 Page 11 I 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 Application for Development Approval and which have been identified by the City, the Council, or the Department of Community Affair, 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)L 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, 28-14DecemberDecember 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 Master Development Order Conditions SEOPW DRI Incrcmcnt I14 Page 12 with F.S. 380.06(19) (c) (198720112011). The expiration date for the development order shall be December 31, 202920172029. 38,29. The effective date of this Development Order shall be 45 days from its transmittal to the Florida Department of Community Affairs (DCAEconomic Opportunity (DE01, 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. 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 99ACRACRA, 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. 30.31. The Southeast Ovcrtown/Park Wcst ProjcctPlanningPlanning 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 te-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 34-2930 herein. 3-1,32. 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. IMaster Development Order Conditions SEOPW DRI Increment III Page 13 3-33. Within 30 days of the effective date of this Development Order, it 6-14454gal4shall 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. 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). I3-5,36. 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 Major Usc Special Pcrmitsotherother development approvals and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 3-738. 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 Usc Special Pcrmitsotherother development approvals until such time as a final resolution of the litigation occurs. 38. Upon the adoption of the local government comprehensive plan pursuant to F.S. 163.3161(1985), as amended, for the City of Miami, the City may rescind this Master Development Order at the completion of the first increment in the event that the City, after a IMaster Development Order Conditions SEOPW DRI Increment 114 Page 14