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HomeMy WebLinkAboutSubmittal into the record 9/7/1614ed + `ram_ record q/71lp 1(7 00 79 .Title A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN PARK WEST AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL COUNCIL AND THE CITY OF MIAMI PLANNING ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER INCORPORATED HEREIN, THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTALS; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. LOCATION: Approximately the boundaries of the Miami Downtown Development Authority [Commissioner Ken Russell - District 2 & Commissioner Keon Hardemon District 5] APPLICANT(S): City of Miami & Miami Downtown Development Authority FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommendation Approval. *See supporting documentation. PURPOSE: This will amend the Downtown Development of Regional Impact ("DRI") by authorizing an Increment III Development Order. Changes created by this Development Order will be addressed by amendments in Chapters 13 and 14 in the City Code. ..Body WHEREAS, on December 10th, 1987, the City of Miami ("City") approved a Master and Increment I Development Order for the portion of Downtown Miami within the Downtown Development Authority's ("DDA") boundary with the exception of the area within the Southeast Overtown Park West Community Redevelopment Agency boundaries, known as the Downtown Miami Development of Regional Impact ("DDRI") pursuant to Section 380, Fla. Stat.; and WHEREAS, on December 12, 2002, the City approved an Increment II 'Development Order for the DDRI for same area; and WHEREAS, Increment II's development capacity is approaching the end of its capacity; and WHEREAS, on February 17, 2015, the DDA and Department of Economic Opportunity entered into an Agreement Authorizing Interim Development for the Downtown Miami Development of Regional Impact Increment 111 pursuant to Section 380.032, Fla. Stat., which authorized commencement of interim development pursuant to this Increment III in advance of issuance of this final Development Order to allow for development to continue under the exhausted or soon -to -be exhausted Increment 11; and WHEREAS, the DDA filed its Application for Development Approval ("ADA") for the DDRI in April 2015 to the South Florida Regional Council, f/k/a the South Florida Regional Planning Council ("SFRC"); and WHEREAS, the SFRC approved the DDA's ADA for the DDRI at its June 6th, 2016 meeting subject to the conditions imposed in the Development Order; and WHEREAS, on September 7th, 2016 the City's Planning Zoning & Appeals Board recommended by a vote of - of of the DDRI Increment III; and WHEREAS, the Miami Planning, Zoning and Appeals Board considered the ADA, the report and recommendations of the South Florida Regional Council, and all elements of Section 380.06, Fla. Stat., including, but not limited to, consistency with the Miami Comprehensive Neighborhood Plan, as amended, consistency with Miami2l , the zoning ordinance of the City, as amended, consistency with the report and recommendations of the South Florida Regional Council, and consistency with the State Comprehensive Plan as described in Section 187.201, Fla. Stat.; and WHEREAS, the Miami Planning, Zoning and Appeals Board finds that it is in the best interest of the general welfare of the City to issue an Increment 111 DO for the DDRI as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The findings of fact and conclusions of law are made with respect to the DDRI Increment III project as described in the DDRI Increment III Development Order, as described herein and made a part hereof by reference, applicable to the area within the City under the jurisdiction of the DDA with the exception of the Southeast Overtown Park West CRA area, more particularly described in Exhibit E of this Ordinance. Section 2. The Increment III Development Order for the DDRI is granted, issued, and hereby adopted as described as follows: Increment III Development Order Conditions THE CITY OF MIAMI SHALL: PROJECT INFORMATION, PROGRAM AND GENERAL CONDITIONS 1. Require all development pursuant to this Development Order to be in accordance with the City of Miami Comprehensive Neighborhood Plan, applicable land development regulations, ordinances, building codes, and other laws. 2. The deadline for commencing any development under this Increment I11 shall be three (3) years from the effective date of this Development Order. 3. Total Allowable Development under this Development Order shall be limited to: DEVELOPMENT PROGRAM Land Uses Increment I Increment II Increment III Buildout Buildout-Totals Buildout- September 28, September 1, May 28, 2003 2019 2025 Office (includes Government) (gross square feet) 3,681,890 1,220,000 2,500,000 7,401,890 Government Office (gross square feet) 300,000 0 Government Offices are included in General Office Category 300,000 Retail/Service (gross square feet) 1,453,500 747,774 758,000 2,959,274 Hotel (rooms) 4,500 1,605 2,000 8,105 Residential (dwelling units) 10,550 6,750 18,000 35,300 Convention (gross square feet) 500,000 300,000 0 800,000 Wholesale/Industrial (gross square feet) 1,050,000 550,000 250,000 1,850,000 Institutional (gross square feet) 200,000 350,000 150,000 700,000 Attractions/Recreation (seats) 30,500 59,000 2,000 91,500 Marine Facilities 100,000 50 wet slips* 0 100,000 *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003-001. a. Upon the issuance of a Certificate of Occupancy for any Net New Development as defined in section 14-122 of the City Code, the City shall make appropriate deductions from the amount of Total Allowable Development under this Development Order. No Building Permit shall be issued for Net New Development which would, in the aggregate, exceed the amount of Total Allowable Development under this Development Order. The City may permit simultaneous increases and decreases in the above described land use categories consistent with the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Matrix), 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. Nothing herein changes, grants, or otherwise alters any rights, conditions, commitments, obligations or limitations upon development projects that commenced within and/or which are credited to increments 1 and II of the Downtown Development of Regional Impact. b. On February 17, 2015, the City of Miami Downtown Development Authority ("DDA") and Department of Economic Opportunity entered into an Agreement Authorizing Interim Development for the Downtown Miami Development of Regional Impact Increment III Pursuant to Section 380.032, Florida Statutes ("Agreement"), which authorized commencement of interim development pursuant to this Increment 111 in advance of issuance of this final Development Order. Such development under Increment III and pursuant to this Development Order has commenced. It is understood that any development that has commenced under this Increment III was required to pay all credits applicable to the development of the Project as if it was to be developed under Increment II of the Downtown Development of Regional Impact and all applicable ordinances and statutory requirements. Further, said development was obligated and recognizes that Increment 'III, when authorized as provided by law, may contain different coefficients or other calculation methodology that could cause fees for credits under Increment III to be substantially changed from those of Increment II. Any development that commenced prior to the adoption of Increment Ili is also obligated to pay any additional fees applicable to the development of the project pursuant to Increment III within thirty (30) days of the final approval and expiration of all appeal periods for the approval of the Increment 111 development order and, in all events,prior to the issuance of a certificate of use and/or occupancy for development of any project that does not qualify for Increment II credits. 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 other appropriate City approvals. 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 period established by the City shall take into account the size of the proposed Net New Development in relationship to the time necessary to begin construction. 5. The buildout date, for authorizing development through the issuance of building and other permits, shall be September 1, 2025. September 1, 2025 is hereby established as the expiration/termination date for the development order. Upon the occurrence of the expiration/termination date, the City of Miami Downtown Development of Regional Impact Master and all incremental development orders shall be expired, terminated and of no further force and effect. The buildout and expiration/termination dates may only be modified in accordance with Section 380.06(19), F.S. 6. Establish September 1, 2025 as the date until which the City agrees that the Downtown Miami Increment III Development of Regional Impact shall not be subject to downzoning, 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 Applicant, or that the change is clearly essential to the public health, safety or welfare. 7. The City Manager, by and through his/her designees, is hereby designated to monitor compliance with all conditions and the enforcement of this Development Order and shall have the duty and authority to interpret the provisions of this Development Order and to promulgate rulings, regulations, and procedures necessary to implement it, provided the same are not inconsistent with the terms hereof or of F.S. 380.06, or duly promulgated and adopted rules there under. Appeals to decisions of the City Manager may be filed pursuant to procedures set forth in the City of Miami Code and hand development regulations, as amended. Any noncompliance shall be subject to the provisions of Condition 8 herein. 8. The City shall not violate any of the conditions of this Development Order or otherwise fail to act substantially in compliance with this Development Order or permit any property owner within the boundaries covered by this Development Order to violate any of the provisions of this Development Order. In the event any entity controlled by the Applicant and/or the City or any permittee or landowner of any Parcel of Land violates (hereinafter "violator") the provisions of this Development Order, the City shall stay the effectiveness of this Development Order as to the parcel or tract of land in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said Parcel of Land upon passage of any appropriate resolution by the City, adopted in accordance with this section, finding that such violation has occurred. The violator will be given written notice by the City that states: 1) the nature of the purported violation, and 2) that unless the violation is cured within thirty (30) days of said notice, the City will hold a public hearing to consider the matter within sixty (60) days of the date of said notice. In the event the violation is not curable in thirty (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 fifteen (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 DDA, the City, and South Florida Regional Council ("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. 9. The City, along with the DDA, 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, 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. c. 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 (2016), and focal ordinances. Substantial compliance with the factual representations contained in the CADA is a condition for approval unless, for good cause, waived or modified by agreement among the Council, City, and DDA, their successors, and/or assigns. d. 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 to the City are specifically enumerated herein. 10. City of Miami shall prepare an Annual Report and submit copies to the Council, the City Clerk and Florida Department of Economic Opportunity/State Land Planning Agency on or before each anniversary date of this Development Order. The Annual Report for Downtown Miami increment III must also be incorporated into the Annual Report required in the Downtown Miami Master Development Order so that a single Annual Report is compiled for the entire Project. The Annual Report shall include, at a minimum: a A complete response to each question in Exhibit "B" (Form Annual Report Questionnaire). 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 within the boundaries of the Downtown DRI. d. An assessment of the Applicant's 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 Council, or the Department of Economic Opportunity (DEO) as being significant. e. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year. 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 agencies have been sent copies of the Annual Report in conformance with F.S. 380.06(18). 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). j. Any other information reasonably required by State Land Planning Agency and the Council, in accordance with F.S. 380.06. A comparison of the amount of development approved in each land use category contained in the Development Program and the amount of the Development Program actually developed as of the end of each year. k. A statement that sufficient capacities of public facilities and services are available to serve the remaining development are available or planned and a statement of the condition of archeological resources. Provide Economic Development/Jobs information as provided in Condition 23. m. An assessment of the Applicant's and the City's compliance with all conditions contained in the Increment III Development Order. n. Flagstone Island Gardens, LLC shall be responsible for providing the required Annual Report to City, Council and DEO for the Watson Island Property. ENVIRONMENTAL 11. Assure and require that any fill material utilized within any construction sites within the DDRI Area, whether from onsite excavation activities or from offsite sources, meets the clean soils criteria of the Florida Department of Environmental Protection (FDEP) and the Miami Dade Department of Regulatory and Economic Resources (RER) Division of Environmental Resources Management (DERM), as applicable and as may be amended from time to time. 12. Enforce the requirements of the Miami -Dade County Shoreline Development Review Ordinance No. 85-14 (codified as Article III, Chapter 33D of the Miami -Dade County Code) for all qualifying developments within the Shoreline Development boundary. 13. a. Continue its efforts to address the potential impacts of sea level rise upon the Downtown, City of Miami and Miami Dade County, by reasonably addressing the findings of the City of Miami Sea Level Rise Committee established pursuant to City Resolution R-15-0072 (adopted on February 26, 2015) and any subsequent sea level rise committees and groups as established from time to time, and through the implementation of the following and subsequent City of Miami ordinances, Comprehensive Neighborhood Plan objectives and policies, and City resolutions: 1) Ordinance 13550 (dated September 10, 2015) Comprehensive Plan Amendment 2) Comprehensive Neighborhood Plan Objective LU-1.8. 3) Comprehensive Neighborhood Plan Policy LU-1.8.1. 4) Comprehensive Neighborhood Plan Policy LU-1.8.2. 5) Comprehensive Neighborhood Plan Policy LU-1.8.3. 6) Comprehensive Neighborhood Plan Policy LU-1.8.4. 7) Comprehensive Neighborhood Plan Policy LU-1.8.5. 8) Comprehensive Neighborhood Plan Policy CM-1.4.2. 9) Comprehensive Neighborhood Plan Policy CI-1.2.6. 10) Comprehensive Neighborhood Plan Policy IC-1.1.910. 11) City Resolution R-14-0420 (dated October 23, 2014). The findings of the Southeast Florida Regional Climate Change Compact shall be taken into consideration, as reasonable and appropriate, in future decisions regarding the design, location, and development of infrastructure and public facilities in the City and to meet or exceed adopted Level of Service (LOS) Standards. b. Cooperate and coordinate efforts with the Miami Dade County Office of Resilience in planning for and addressing, as is reasonable and appropriate, the coordination of activities contemplated by the Sea Level Rise Task Force as formed through Miami -Dade County Resolution R-599-13, adopted on July 2, 2013 as amended by Resolution R-744-13 following Miami Dade County ordinances and resolutions: 1) R-451-14 (dated May 6, 2014). 2) Ordinance No. 14-79 (dated September 3, 2014). 3) R-44-15 (dated January 21, 2015). 4) R-45-15 (dated January 21, 2015). 5) R-46-15 (dated January 21, 2015). 6) R-47-15 (dated January 21, 2015). 7) R-48-15 (dated January 21, 2015) (This resolution pertains to Flood Damage Reduction). 8) R-49-15 (dated January 21, 2015). 9) R-903-15 (dated October 6, 2015). 10) R-66-16 (dated January 20, 2016). c. As part of the pending Evaluation and Appraisal of its Comprehensive Neighborhood Plan, the City shall consider establishing an Adaptation Action Area within the boundaries of the Downtown DRI and adopting additional policies within the Coastal Management Element and City Code changes to improve resilience to coastal flooding resulting from high -tide events, storm surge, flash floods, stormwater runoff, and related impacts of sea -level rise. INFRASTRUCTURE AND SERVICES 14. a. Based upon the transit impacts directly related to and generated by the Total Allowable Development for Increment III, pay, contract or otherwise commit to and pay or cause the payment of a total of $6,005,829 (2016 dollars) to Miami Dade County, to be expended on some or all of the following transit projects as shown on the Transit Improvement Chart provided as Exhibit °°C" ("Transit Commitment"), as follows: 1) Government Center Station Upgrade 2) Historic Overtown/Lyric Theatre Station Upgrade 3) Brickell Metrorail/Metromover Station Upgrade 4) Downtown Intermodal Bus Terminal 5) Bus -Only -Lanes in Downtown Miami Alternative projects may be added or substituted to this list,- subject to the agreement of the City and Miami Dade County. The City shall collect the Transit Commitment proportionally from development within the DDRI boundaries and pay, contract or otherwise commit or cause to pay to Miami Dade County, $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than thirty-three (33) percent of the Total Allowable Development, an additional $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than sixty-six (66) percent of the Total Allowable Development, and an additional $2,041,981.86 within sixty (60) days from the date of issuance of the building permits that would result in the construction of more than one h u n d red (1 00) percent of the Total Allowable Development. Any payment of fees to the County in satisfaction of this condition shall be reported to the Council within one (1) year of the receipt of such payment by the County. b. Based upon the roadway impacts generated by Total Allowable Development for Increment III, pay or contract to pay $374,206.08 (proportionate share in 2016 dollars), to be expended on transportation improvements, including but not Limited to pedestrian and alternative transportation mode improvements within the DDRI study area, and the turn lanes described in condition 14c, below, at the City's discretion. The Applicant shall pay or contract to pay $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 33 percent of the Total Allowable Development, an additional $123,488.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 66 percent of the Total Allowable Development, and an additional $127,230.01 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than 100 percent of the Total Allowable Development. c. Prior to the issuance of the first certificate of occupancy for the vertical construction within contiguous properties, where feasible, construct or cause the construction of a northbound right -turn at the intersection of NE 2 Avenue at NE 15 Street, provided adequate right of way can be made available, and a northbound right -turn at the intersection of NE 2 Avenue at NE 18 Street, provided adequate right of way can be made available. 15. Implement Transportation Demand Management (TDM) strategies and coordinate with the Miami Dade County Department of Transportation and Public Works and other local agencies and authorities such as the Miami Parking Authority, to encourage, explore and expand transit and commuter options within the DDRI Boundaries, including trolley and alternative commuter options, including: a. Transit and traffic educational programs obtained from South Florida Commuter Services; b. Preferential parking and treatments for carpool and vanpool participants; c Provide documentation promoting the spreading of travel demands for travel off peak periods, such as staggered work hours, flex -time, compressed work hours, telecommuting; Promote alternative forms of transportation such as car -share and bike -share programs; and d. Other transportation initiatives as agreed upon by the City and DDA 16. Continue to coordinate with the Miami -Dade County Water and Sewer Department (WASD) to upgrade the water and sewer infrastructure within the DDRI Area. 17. Continue to coordinate with the City's Police Department to ensure adequate provision of police services within DDRI Boundaries. 18. Continue to work with the City's Fire Department to ensure the adequate provision of fire/rescue services within DDRI Boundaries. 19. a. The City shall comply with the terms of the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade County. The City shall promote, in collaboration with the School Board, Miami Dade County and developers of projects within the boundaries of the DDRI, as is practical, the following: (1) assess existing schools for capacity and curricular expansion and amplification, (2) provide information to developers about possible incorporation of customized, small District -operated educational facilities within their development, or (3) explore opportunities for provision of educational facilities, in addition to those which currently exist (as referenced in (1) above), on public land owned by the City, Miami -Dade County, School District or other public entity with assets in or near the DDRI area. b. The City shall establish, or, with input from the DDA, work to establish, a City of Miami education task force to evaluate creative educational options and alternatives, to serve Downtown and other City residents and workers. 20. Work with Miami -Dade County Office of Emergency Management to coordinate emergency evacuation measures from Downtown and to ensure adequate shelter capacity for the occupants of planned new residential units within the DDRI. 21. Coordinate with the City Parks Department to identify opportunities to provide additional public park space within the Downtown. Coordinate with developers of projects within the Downtown for the provision of recreation areas within their developments (private property) that would be open and available to the public. 22. Amend City of Miami Ordinance 12678 (as amended and codified as Article II, Chapter 13 of the City of Miami Code of Ordinances) to assess development for its proportionate share of the cost of improvement and/or services necessary to monitor and/or mitigate any adverse impacts of Increment III. Said amendment 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 theadministration 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 under this increment III. ECONOMIC DEVELOPMENT 23. Utilize economic development enhancement resource agencies and programs designed to involve small and minority businesses in the development and expansion of permanent job opportunities within the project. Examples of such agencies and programs include, but are not limited to, those contained in the Miami Dade County Internal Services Department Small Business Development List of Certified Firms and the South Florida Small and Minority Business Resource Directory. The Applicant will attempt to access the range of job skills available in the region and promote greater labor force enhancement. At a minimum, the Applicant is encouraged to provide potential commercial tenants with information about employment and training agencies that maintain a database of trained/skilled workers to consider in meeting the project's employment needs. This information shall be annually updated and submitted as part of the Annual Status Report. 24. The City shall establish ordinances, programs or other mechanisms that require that housing available for purchase or rental by extremely low (up to 30% Area Median Income or AMI), very -low (up to 50% of AMI), low (up to 80% of AMI), moderate (up to 120% of AMI), workforce (up to 140% of AMI) populations (as such terms are defined in section 420.9071, Florida Statutes; sections 17-131 and 33-193.6 of the Miami Dade County Code; and section 13-5 of the City of Miami Code of Ordinances) be constructed or caused to be constructed in an amount equal to no less than 2700 dwelling units or fifteen (15) percent of the residential units proposed within the DDRI Increment III within an area of a ten (10) mile or a twenty (20) minute commute shed from and within the boundaries of this DDRI, whichever is less (Exhibit " D"; Housing Commute Shed), but in all events, within the jurisdiction of the City of Miami. Provided, however, in order to encourage the development of housing for very -low, low, moderate, and workforce populations within the boundaries of this DDRI, any units constructed within such boundaries shall be counted at a ratio of 1.5:1. Units constructed in satisfaction of the Southeast Overtown Park West Development of Regional Impact affordable housing condition shall not be counted toward satisfying this condition. All housing units for extremely low, very -low, low, moderate, and workforce populations constructed and conveyed pursuant to this condition shall limit resale to a price in accordance with the affordable or workforce price for a control period of twenty (20) years, or more, by providing an appropriately enforceable assurance that said unit shall not be offered for a price greater than the maximum workforce housing unit sales price as such is established by the Miami-Dade--County-Department of Regulatory and Economic Resources at the time of said sale. If the units are sold during the initial twenty year control period, a new twenty year period for affordable or workforce housing will apply to the new owners. Said binding and enforceable agreement may be, but is not limited to, a Development Agreement, Land Use Restriction Agreement, Declaration of Restrictive Covenants, or, if a Community Land Trust, with a Memorandum of Ground Lease, recorded in the public records of Miami Dade County. All rental housing for extremely low, very -low, low, moderate, and workforce populations provided in satisfaction of this condition, shall be maintained by the owner as affordable for low, moderate, and/or workforce incomes for a period of twenty (20) years. if the units are sold during the initial twenty year period, a new twenty year period will apply. In lieu of actually providing said housing units for extremely low, very -low, low, moderate, and workforce populations, in whole or in part, the City may establish an affordable/workforce housing trust fund to be used to fund construction of or access to affordable or workforce units and authorize a payment in lieu of actually providing the housing units for very -low, low, moderate, and workforce populations. The payment in lieu shall be based on a reasonable formula for the purchase/construction each unit. The Applicant will work with South Florida Regional Council staff to explore creative affordable/workforce housing solutions (including, micro -units, co -living, reduced parking requirements, mixed -income housing and "rent to buy" programs, the rehabilitation of existing housing units) and to ensure a balanced distribution of housing, based on income levels. 25. Withhold the issuance of any building permits (including phase permits) that would not ensure the preservation of historic and archeological resources that have been formally designated as historic by the City of Miami, pursuant to Section 23-4 of the City of Miami Code of Ordinances. Continue to explore the designation of additional qualified sites within the boundaries of the DDRI. MISCELLANEOUS 26. The effective date of this Development Order shall be forty-five (45) days from receipt of its transmittal to the Department of Economic Opportunity, South Florida Regional Council, and City; 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. 27. Within thirty (30) days of the effective date of this Development Order, a notice of adoption of this development order it shall be recorded with the Clerk, Dade County Circuit Court, pursuant to Section 380.06(15) F.S. The notice shall include a legal description of the property covered by this Development Order (Exhibit "E") and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any amendments to the development order, the location where the adopted order with any amendments may be examined, and that the development order constitutes a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such lien, cloud, or encumbrance. 28. The existence of this Development Order shall not act to limit or proscribe the rights of any person under Section 380.06 F.S. to file an ADA 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 shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be consistent with the objectives and conditions of this Development Order. 29. 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 Section 380.06 F.S. 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). 30. 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. 31. In the event that a substantial deviation is determined under the terms of this Development Order or Section 380.06 F.S., 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. 32. 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 Certificates of Occupancy until such time as a final resolution of the litigation occurs, unless the court expressly prohibits such action. Section 3. The following findings of fact are hereby confirmed and adopted with respect to the DDRI Increment III: A. The findings and determinations of fact set forth in the recitals of this ordinance adopting this Development Order are hereby confirmed. B. The real property which is the subject of this Development Order is legally described in Exhibit "E" of this ordinance. C. The City of Miami filed the ADA with the City, the SFRC, and the Florida Department of Economic Opportunity. D. The ADA has been filed by the DDA pursuant to Section 380.06(22), Fla. Stat., authorizing the DDA to apply for development approval and receive a development order for any orall 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 DDRI boundary as a single area of high intensity development and to focus the DRI review process primarily on the impacts that Total Allowable Development within the area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single DRI review process for overall phased development of the DDRI area rather than requiring each individual DRI scale development within the downtown area to file for separate DRI reviews. F. Development within the DDRI boundaries is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City and other governmental entities. 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 DDRI Area rather than a precise blueprint for its development. Therefore, pursuant to Section 380.06(21)(b) Fla. Stat., as amended, the CADA seeks master development approval for three increments of development over time as set forth in Section 2 and specific development approval for Increment III, which is the third phase of development projected for a period ending in 2025. Subsequent incremental applications will need to be adjusted to more nearly serve as a living guide recognizing the evolution of market demand and technologies. G. The DDRI Area contains a total of approximately 927 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 DDRI is not located in an area of critical state concern as designated pursuant to Section 380.06 Fla. Stat., as amended. I. A comprehensive review of the probable impacts that will be generated by the DDRI has been conducted by various City departments and state and regional agencies, as reflected in the CADA, and the SFRC staff. J. This Development Order is consistent with the report and recommendations of the SFRC, entitled "Downtown Miami DRI Increment III Regional Impact Report", dated June 6, 2016. The SFRC recommends approval of the DDRI, and all conditions to which such approval is subject are reflected herein. K. The DDRI is consistent with the State comprehensive plan pursuant to Section 187.201, Fla. Stat. L. The DDRI is consistent with the adopted Miami Comprehensive Neighborhood Plan. M. The DDRI as originally approved is in accord with the district zoning classifications of Zoning Ordinance 9500, as amended. Increment III of the DDRI, as amended, will be consistent with Zoning Ordinance 13114. as amended, also known as Miami21, the comprehensive zoning ordinance of the City and other applicable City land development regulations. N. The DDRI will have a favorable impact on the economy of the City. O. The DDRI will efficiently use public transportation facilities. P. The DDRI will favorably affect the need for people to find adequate accessible to their places of employment. Q. The DDRI will efficiently use necessary public facilities. R. The DDRI will include adequate mitigation measures to assure that affect the environment and natural resources of the. City. S. The DDRI will not adversely affect living conditions in the City. T. The DDRI t will not adversely affect public safety. U. There is a public need for the Project. housing reasonably it will not adversely Section 4. Having made the findings of fact contained above, the City Commission hereby concludes as a matter of law, the following: A. The City and the DDA are authorized to make application for development approval and receive a development order. B. The DDRI 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 DDRI 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 DDRI is consistent with the report and recommendations of the SFRC and does not unreasonably interfere with any of the considerations and objectives set forth in Section 380.06 Fla. Stat., as amended. Section 5. The City Clerk is directed to immediately send certified copies of this ordinance and all exhibits attached hereto to the Florida Department of Economic Opportunity, the SFRC, and the DDA. Section 6. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the DDRI Increment III Development Order. Section 7. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor, {2} APPROVED AS TO FORM AND CORRECTNESS VICTORIA MENDEZ CITY ATTORNEY {1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {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.