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HomeMy WebLinkAboutAttachment A-SUBTHIS DOCUMENT IS A SUBSTITION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment A Increment III Development Order Conditions THE CITY OF MIAMI SHALL: PROTECT 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 III 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 Totals Buildout- Buildout- 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. 1 FILE NO. 1220 Attachment A 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 I 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 III 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 III 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 III 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. 4. 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. 2 Attachment A 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 land 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 3 Attachment A 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 local 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. 4 Attachment A 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). i. Any other information reasonably required by State Land Planning Agency and the Council, in accordance with F.S. 380.06. j• 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. 1. 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 5 Attachment A 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 6 Attachment A 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 7 Attachment A 4. Downtown lntermodal 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 hundred (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. The foregoing Transit Commitment is made in recognition that a portion of the development pursuant to this Increment III is exempt from the requirement to pay Miami -Dade County Road Impact fees pursuant to section 33E-14, Miami -Dade County Code. To the extent that a portion of the development authorized pursuant to Increment III is required to pay Miami -Dade County Road Impact Fees, such development shall not be responsible for the payment of its portion of the Transit Commitment in addition to the payment of Miami -Dade County Road Impact Fees, unless Miami -Dade County: 1. provides for a credit or contribution in lieu of impact fee or other similar mechanism in satisfaction of and consistent with section 380.06(16)(a), Florida Statutes; or 2. approves a reduction of the County Road Impact. fee affecting development within the boundaries of the Downtown DRI, through a Fee Computation by Independent Study or other mechanism available under the County Code, which acknowledges the pedestrian and transit mode splits (total of approximately 29%) established within the Downtown DRI transportation analysis; or 3. with the written agreement of the City, enters into an agreement with individual Downtown DRI developers where they independently enhance the downtown transit, transportation or road infrastructure and be credited for the cost of their improvements against County Road Impact Fees otherwise incurred instead of the Transit Commitment; or Absent such foregoing action by Miami -Dade County, as an alternative to 8 Attachment A payment of the Transit Commitment after the imposition of the County Road Impact Fee, the City Planning Department, with the input from the County, may prepare a master plan of infrastructure enhancements within the Downtown DRI area that would provide road, transit or other capacity improvements benefiting the Downtown DRI transportation network, that qualify for contribution in lieu credit for County Road Impact Fees. The City shall then establish a trust fund using the Downtown .DRI transportation fees collected after the imposition of County Road Impact fees, with the understanding that said enhancements could be performed and contributions made to the fund by developers who would then have their contributions credited against County Road Impact Fee assessments. 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. Pay, contract or otherwise commit to and pay or cause the payment of a total of $1,180, 030 (2016 dollars) to the South Florida Regional Transportation Authority (SFRTA), to be expended on the Tri-Rail Downtown Miami Link (the "Tri-Rail Commitment") in accordance with the First Amendment to the Interlocal Agency Agreement approved pursuant to City of Miami Resolution No. R-16- 0218 on May, 12 2016. 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 SFRTA those amounts identified in the First Amendment to the Interlocal Agency Agreement. Any payment of fees to the SFRTA in satisfaction of this condition shall be reported to the Council within one (1) year of the receipt of such payment by the SFRTA. d.e,. 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 9 Attachment A 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 Depaitiiient 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. 10 Attachment A 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 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 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 11 Attachment A 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 12 Attachment A 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 goverment 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 13 Attachment A 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. 14 Attachment A Exhibit A EQUIVALENCY MATRIX 15 Attachment A Exhibit B ANNUAL REPORT QUESTIONNAIRE Attachment A Exhibit C MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT Attachment A Exhibit D AFFORDABLE/WORKFORCE HOUSING COMMUTE SHED Attachment A Exhibit E LEGAL DESCRIPTION 19 THIS ID ORIGIN, CITY OF MIAMI, FLORIDA SEEN A INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission f FROM: Daniel J. Alfon City Manager DATE: January 9, 2017 SUBJECT: January 12, 2017 City Commi Meeting Agenda - PZ.2 REFERENCES: ENCLOSURES: PZ.2 - Exhibit The Department of Planning and Zoning respectfully requests the above refere ced item be substituted in the January 12, 2017 City Commission meeting agenda. This modification s required beeause the City Commission passed Resolution 05-0338, amended to R-16-0218, throu., . which the City committed funding to the South Florida Regional Transportation Authority (": RTA") using funds from the Downtown Development of Regional Impact ("DRF'). The develo; r :ent order was not amended to condition the City to honor this commitment; this substitution .p• ill modify the development order accordingly. PZ.2 (IDtk.I220): Attached for inclusion into the record is :e modified version of the Increment III Development Order Conditions (Exhibit A to the Ordinance. o t First Reading, file number 1220, November 17, 2016) substituting for the original development order ..: nditions. The modification adds a paragraph 14 (a) (2) to incorporate previous City Commission action -16-0218). Pay, contract or otherwise commit to p: r pr cause the payment of a total of $1,1.80. 030 (2016 dollars) to the Sent Florida Regional ► ansportation Authority (SFRTA),to be expewled on the riaRai Ikowtltown .Miami ,Link. ( e "Tri-Rail Commitment") in accordance with the First Amendment to the lnterlocai Age y Agreement approved pursuant to City of Miami Resolution No. _R-.16-0218 on May. 12 .016, The City shall eollect the Transit Commitme t •- s s develo . ent withi e DDRI boundaries and pay. contract or otherwise commit or Psuse to pay to SF TA those amounts identified in the First Amendment tro the Interloca( ftgenoy Agreement. Anyayment of fees tc the SETA in satisfaction of this condition shall be report + tQ tke council , Ithin one (I) year of the receipt of such paymentby the SF'RTA.. C: Victoria Mendez, City ttorney Nzeribe Ihekwaba, ;t .I), PE, Chief of Operations and Assistant Ci Manager Francisco J. Garc'_ . Department of Planning and Zoning Director " Olga Zamora, ief of Hearing Hoards Anna Medi„ Agenda Coordinator VI,U) m Ill Qo CX1�,`n� 5�C PZ 17-002 JTION TO ..AN BE MENT. Exhibit A THIS ORIG SEEN SUBSTITUTED. Increment III Development Order Conditions THE CITY OF MIAMI SHALL: PROJECT INFORMATION, PROGRAM AND GENERAL CONDI ONS 1. Require all development pursuant to this Development Order to e in accordance with the City of Miami Comprehensive Neighborhood Plan, apt"cable land development regulations, ordinances, building codes. and other laws. The deadline for commencing any development under thIncrement HI shall be three (3) years from the effective date of this Development Ord 3. Total Allowable Development under this Develop nt Order shall be limited to: DEVELOPMENT PR GRAM Lan Li L:sei Incremew I In - anent It -''' uliclout- . er ember 28, 2019 Increment 111 1.31,04.191-1 t- September 1. 2025 'totals Buildout- May 28. 2003 Office {indudes 3,681,890 1.220.000 2,500.000 ---1 7.401,890 Government) ross square feet) Go eminent Office .300 00 0 Government 300.000 ( ..y,ross square feet) Offices. are included in General Office Catey,ory Retail Service (nross square feet) 1,453.500 747,774 758.000 2,959,274 Hotel 4,500 1.605 2,000 8,105 ._:( rooms ) Residential (dwellinl; units) 10.550 6.750 18,000 35,300 Convention (gross square feet) 500,000 300,000 0 800,000 Wholesale1ndus:' ial (gross square I-e 1,050.000 550,000 250.000 1.850,000 Institutional (gross s 1r t feet) 200.000 350.000 150.000 700,000 Atli-alio., s Recreation (seats) 30,500 59.000 2,000 91.500 Nlari re Facilities 100.000 50 wet slips* 0 100.000 *jkn additional 42 s ips are vested from DIU 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 ITUTION TO CAN BE OCUMENT. Exhibit A O" NA T SUBSTITUTED. STITUTIONBE TO 'AN SEtivIti G.ivuur rrrS rOCUMENT. Development Order. No Building Permit shall be issued for Net New Develof lent which would, in the aggregate. exceed the amount of Total Allowable Devel•.prnent sunder this Development Order. The City may permit simultaneous incses and decreases in the above described land use categories consistenwith the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Ma.- 'x), without the need of fling for an NOPC (Notice of Proposed Change) pr, ided that the regional impacts of the land uses in Increment II1 of the Projec as approved. as measured by total peak hour vehicle trips are not increased, Nothing herein changes. grants. or otherwise alters any rights. coedit ns, commitments, obligations or limitations upon development projects thcommenced within and or which are credited to Increments I and II of the Do, ntown Development of Regional Impact. b. On February 17. 2.015, the City of Miami Down ("DDA"") and Department of Economic Opportu Authorizing Interim Development for the Do Regional Impact Increment II1 Pursuant to ("Agreement'). which authorized commence to this Increment ell in advance of issuanc' development under Increment III and commenced. It is understood that any increment III was required to pay a Project as if it was to be deve Development of Regional Imp', requirements. Further. said Increment III, when a utho coefficients or other calculi Increment III to be sub development that cot obligated to pay any pursuant to Increme of all appeal perm in all events, p development �,vn Development Authority rty entered into an Agreement ntown r?vliarni Development of ection 380.032, Florida Statutes rent of interim development pursuant of this final Development Order. Such rsuant to this Development Order has velopment that has commenced under this credits applicable to the development of the pcd under Increment II of the Downtown t and all applicable ordinances and statutory eveloptnent was obligated and recognizes that zed as provided by law, may contain different on methodology that could cause fees for credits under antiallr changed from those of Increment II. Any enced prior to the adoption of Increment III is also dditional fees applicable to the development of the project t I11 within thirty (30) days ot'the final approval and expiration s for the approval of the Increment III development order and, or to the issuance of a certificate of use and, or occupancy for any project that does not qualify for Increment II credits. 4. Monitor the cap :,its of Total Allowable Development by reserving the amount of Development C- its necessary for Net New Development at a time, to be determined by the City, prior. o or coincident with approval of a building pcnnit or other appropriate City. approvals, T e City, shall place reasonable time limits on all building permits to assure that constructi;il progresses within a reasonable period of time after approval to prevent stockpilof reservations for Development Credits. The time period established by the City sl.11 take into account the size of the proposed Net New Development in relationship to th-: time necessary to begin construction. 5. ae 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 Exhibit A THIS nnn IlutrNIT is ❑ ql IRS ITUTION TO ORIG SUBSTITUTED. L CAN BE SEEK OCUMENT. expiration, tennination date, the City of Miami Downtown Development of Regio al Impact Master and all incremental development orders shall be expired, terminated d of no further force and effect. The buildout and expiration. termination dates may •snly 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 tl Downtown Miami Increment III Development of Regional Impact shall not be subject .o do\vnzoning, unit density reduction. or intensity reduction. unless the City can 'emonstrate that substantial changes in the conditions underlying the approval of the evelopment order have occurred. or that the development order vas based on su stantially inaccurate information provided by the Applicant, or that the change is clear essential to the public health. safety or welfare. 7. The City Nlaatat;er. by and through his. her desi4gnees, is rebv designated to monitor compliance with all eonditions and the enforcement of'th' I)evelopment Order and shall have the duty and authority to interpret the provisions ' this Development Order and to promulgate rulings. regulations, and procedures nece.sary to implement it. provided the same are not inconsistent with the terms hereof or o, .S. 380.06, or duly promulgated and adopted rules there under. Appeals to decisions o ' he City Manager may be tiled pursuant to procedures set forth in the City of Miami C'.."de and land development regulations. as -amended. Any noncompliance shall be suhje to the provisions of Condition 8 herein. The City shall not violate any of the con Pail to act substantially in compliance w owner \e ithin thc boundaries covere :::::provisions of this Dc% elopment Or and or the City or any pennittee "violator") the provisions of th of this Development Order a or conduct has occurred development in said Parc adopted in accordanc ‘ iolator will be give violation. and 2) tl City will hold a said notice. In good faith e. obviate t force a tti0ns of this Development Order or otherwise h this Development Order or permit any property by this Development Order to violate any of the r. 1at the event any entity controlled by the Applicant r landowner of any Parcel of Land violates (hereinafter Development Order. the City shall stay the effectiveness o the parcel or tract of land in which the violative activity Ind withhold further pentiits. approvals. and services for of Land upon passage of any appropriate resolution by the City, with this section, finding that such violation has occurred. The written notice by the City- that states: 1) the nature of the purported t unless the violation is cured within thirty (30) days of said notice. the ublic hearing to consider the matter within sixty (60) days of the date of tc event the violation is not curable in thirty (30) days. the violator's diligent arts. as determined by the City, to cure the violation within that period will need to hold a public hearing and this Development Order will remain in full effect unless the violator does not diligently pursue the curative action to compl non within a reasonable ti€ne, in which event the City will give fifteen (15) days' noti . e to the violator of its intention to stay the effectiveness of this Development Order at withhold further permits. approvals, and services to the Parcel of Land in which the tolation has occurred and until the violation is cured. The; terms of this paragraph may be modified from time to time by written ag,reeiment 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. 3 Exhibit A THIS ORI SEE SUBSTITUTED. 9 The City, along with the DDA. shall integrate all original and supplemental information into a Consolidated Application for Development Approval (CAD submit two copies of the CADA to the Council. one copy to the City Clerk. on the Florida Department of Transportation, and one copy to the Florida De Economic Opportunity (DEO) within thirty (30) days of the effective Development Order. The CADA shall be prepared as follows: 10. TIT TION TO AN BE OCUMENT. DA }and copy to ment of ate of this a. Where new. clarified. or revised information was prepared subs quent 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, t e original pages of the ADA will be replaced with revised pages. b. Revised pages will have a "Page Number {R) - Date" i tation. with "Page Number" being the number of the original pave. "(R)" ng that the page was revised. and "Date" stating the date of the revision. The CADA is incorporated herein by refere ce and will be relied upon by the parties in discharging their statutory duties under F.S. 380.06 (2016), and local ordinances. Substantial compliance with ie factual representations contained in the CADA is a condition for approval e. less, for `wood cause, waived or modified by agreement among the Council. Cit. and DDA, their successors. and or assigns. AN terms. proposals. suggestions nd 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 i, ay have been deemed to place a requirement on the City of Miami to take any t. tion or abstain from taking any action. The terms of this Development Order 'hall control and any requirements to the City arc specifically enumerated ercin. Cit. of \lianai shall prepare. Clerk and Florida Depart€ or beef}re each anniver Downtown NIiami In in the Downtown n y compiled for the c n Annual Report and submit copies to the Council. the City Lit of Economic Opportunity State Land Planning Agency on ary date of this Development Order. The Annual Report for ement 111 must also he incorporated into the Annual Report required lataal Master Development Order so that a single Annual Report is tire Project. The Annual Report shall include, at a minimum: a. A con. lete response to caeh question in Exhibit "B" (Form Annual Report Que- ionnaire). b. l .;entiti ation and description of any known changes in the plan of development, or n the representations contained in the CADA, or in the phasing for the reporting year and for the next year. A summary comparison of Total Allowable Development and Net New Development proposed and actually approved during the year, including locations, acreage, square 11 otage, 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. 4 Exhibit A THIS ORIG SUBSTITUTED. SEEN ... TITUTION TO L CN BE DO' MENT. d. An assessment of the Applicant's compliance with the conditions of appro al contained in this Development Order and the commitments which are contai€ d in the ADA and which have been identified by the City. the Council it the Department of Economic Opportunity (DEO) as being significant. e. Specification of any amended DR1 applications for development approval or requests fir a substantial deviation determination that were filed the reporting year. f. An indication of change. if any, in City jurisdiction fir any portion of the development since issuance of this Development Order. A statement that all agencies have been sent copies, of the Annual Report in conformance with F,S. 80,06(18 ). h. .Z copy of any recorded notice of the adoption o this Development Order or any subsequent modification that was recorded F" the Applicant pursuant to F.S. 380.06(15). i. ,Any edger information reasonably require by State Land Planning Agency and the Council. in accordance with F.S. 380.0 A comparison of the iflmount of cle elopment approved in each land use category contained in the Development rogram and tlic amount of the Development Program a,:tuallti developed as f the end of each year. k. _A statement that sufficient . 'apacities of public facilities and services are available to serve the remaining de elopment are available or planned and a stateinet€n of the condition of archeology.;' al resources. Provide Economic .ievelopment. Jobs information as provided in Condition 2 in. An assessment if the Applicant's and the City's compliance with all conditions contained in .. e Increment 111 Development Order. n. F1a,,sto€,'.. Island Gardens, LLC shall be responsible for providing the required Annual: (eport to City, Council and DEO for the Watson Island Property. ENVIRONMEN i AL Assure, 4 nd require that any fill material utilized within any construction sites within the DDI Area, whether from onsite excavation activities or .from offsite sources. meets the c1e• €a soils criteria of the Florida Department of Environmental Protection (FDEP) and the tttmi Davie. Department of Regulatory and Economic Resources (RER) Division of nvironmental Resources anag nient.(D:ERi , as applicable and as may be amended from time to time. Exhibit A THI ORI SE SUBSTITUTED. 1 ?. Enforce the requirements of the Nliarni-Dade County Shoreline Development Ordinance No, 85-14 (codified as Article III. Chapter 33D of the Miami -Dade Code) for all qualifying developments within the Shoreline Development bound 13. a. Continue its efforts to address the potential impacts of sea level r Downtown. City' of Miami and Miarni Dade County. by reasonably findings of the City of `Nliaami Sea Level Rise Committee establ[ City Resolution R-15-0072 (adopted on February 26, 2015) and level rise committees and groups as established from time to implementation of the following and subsequent City Comprehensive Neighborhood Plan objectives and polio TITUTION TO AL AN BE D!) CUMENT. R . i ew- ounty y upon the addressing the hed pursuant to ny subsequent sea me, and through the f Miarni ordinances, s. and City resolutions: Ordinance 13550 (dated September 10. , 015) Comprehensive Plan Amendment 2f Comprehensive 3) Comprehensive 4) Comprehensive 5) 6 C'oraaprencnsiV e 7) Comprehensive 8) Comprehensive 9) l 0) Conrprel II) City I: -solution C'on.iprehcnsive Comprehensi Neighborhood Plan Oh,.v'ctive Neighborhood Plan.:'olicy Neighborhood Pan policy 'cighborho. d Plan Policy LL-1.8.3. Neighbo food Plan Policy LL"-1.8.4. N ic= orhood Plan Policy LL;-1.8,5, ei ghhorhood Plan Policy C'.Lt-1,4.2. e Neighborhood Plan Policy CF-12.6. isive Neighborhood Plan Policy EC- 1.1.910. R-14-0420 {dated October 23. 2014), The findi:'us of the Southeast Florida Regional Climate Change Compact shall be taken '; to consideration, as reasonable and appropriate, in future deeisions regur. rn{a the design, location, and development of infrastructure and public file. ities in the City and to meet or exceed adopted Level of Service (I..OS) S 'andards, 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). 6 c. Exhibit A THI SUBSTITUTE© ' TITUT �N TO ORI AL C �- BE SEE W i i NC r.NU Ur i riia DOUMENT. 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 resolut is pertains to Flood Daina�c Reduction). R-49-15 (dated January 21, 2015). R-903.15 (dated October 6, 2015). R-66-16 (dated January 20, 2016). part of the pending Evaluation tiei..ihborhood Plan. the Cir shall consi( within the boundaries of the Downto within the Coastal 1,lanagenacnt F resilience to coastal .floodinu., rest floods. storm ater runoff. and r INFRASTRUCTURE ANI) SERVICE d Appraisal of its Comprehensive r establishing, an Adaptation Action Area n DRI and adopting additional policies ement and City Code changes to improve tine from high -tide events, storm surge. -bash ated impacts of sea -level rise. 14, a. Based upon the trans' impacts directly related to and generated by the Total Allowable Develop ;lent for Increment 111: 1) coral of S(Oi et or otherwise commit to and pay- or cause the payment of a tonal i2016 dollars) to Mtianii Dade County, to be e\pcndeci on some r all of the following, transit projects as shown on the Transit [mp. ven;ent Chart provided as Exhibit "C"' (-Transit Commitment-). as fo o s: Goernnaent Center Station Upgrade Efistorie Oveitown Lyric Theatre Station Upgrade 3. Brickell \letrorail \letroniover Station Upgrade 4. Downtown lnterinodal Bus Terminal 5. Bus-Oril. Lanes in Downtown 'Miami 7 Exhibit A TH1'-'SSTITUTI N TO ORI SUBSTITUTED. JAL CA BE SE i_rnkj()i ' 1 iiJ DO MENT. Alternative projects may be added or substituted to this list, subject to tl iigret'i ent of the City and Nliaini Dade County. The City shall collect . it, Transit Commitment proportionally from development \vithi the DD RI boundaries and pray. contract or otherwise commit or caus.. to pay to Miami Dadc County. S1,981,923.57 within sixty (60) clays corn the date of issuance of huildin permits that would result in the col truction of more than thirty" -three (33) percent of the Total Allowable r'eyelopment, an additional S1,9S1.t)2.3.57 within sixty (60) days fr the date of issuance of building permits that would result in the con: truction of more than sixty-six (66) percent of the Total Allowable D:" .elopinent, and an additional S2,041,981.86 within sixty (60) days frot: the date of issuance of the building permits that would result in the co struction of more than o n e hundred (1.00) percent of the Total Allo.:" able Development. Any payment of fees to the County in satisfactio of this condition shall be reported to the Council \vitliin one (1) year r the receipt of such payment by the County. ') Pa\ contract or otherwise to a;y or cause the pavment of a total of S 03 )_ 201.1, il���ll irs) to the ..iuth Florida Re pion l Transportation ,-Ruth,ir€t\ (SFR_1..A). to be e.rpencdc "or€ the Tri-Rail Downtoy\n Miami Link Commitment"t in "accordance with the First .-Amendment to 012I; `.4, t( �ent�__V. e4!_ent.._approved pursuant to City of \li ini I:;:;o°,:t;•T No. R-16-0218 ct . \lay, 12 2016. The City shall collect the Commitmentlortionally from development «ithin the t.1DRI boundaries and :"ay, contract or otherwise enmrnit or cause to pay" t., SFR 1-:A those an ou is identified in the First Amendment to the lnterloeal .- 2ene\ A treement. Anv payment of fees to the SFRTA in satisfaction of this condition she be re )orted to the Council within one ( I) year of the receipt of such ynicrlt hy_the SFRTA, b. Based upon the rc. day ay impacts generated by Total Allowable Development fiar Increment 111. y or contract to pay S }74,?06.08 (proportionate share in 2016 dollars). to be., xpcnded on transportation improvements, including but not limited to pedestria, and alternative transportation niocle improvements within the DDRI study are artd the turn lanes described in condition 14c, below, at the City's discreti. n. The .Applicant shall pay or contract to pay S123,488.01 within sixty ( 60 gays from the date of issuance of building permits that would result in the col : truction of more than 33 percent of the Total Allowable Development, an a:: ciitional S123,488.01 within s i vt' (60) days from the date of issuance of )uilding permits that would result in the construction of more than 66 percent of the Total Allowable Development. and an additional S127,230.01 within sixty ( 60) days from the date of issuance of building permits that would result in the construction of more than 1 00 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 8 15. Exhibit A THIS SUBSTITUTEb.F IT . TION TO ORIG AN BE SEE 000MENT. 15 Street, provided adequate right of way can be ruade available, and a northband right -turn at the intersection of NE 2 Avenue at NE 18 Street. provided ac= quate right of way can be made available, lmplernent Transportation Demand Management (TDM) strategies and coorc.'.nate with the Miami Dade County Department of Transportation and Public Works .nd other local agencies and authorities such as the NIiatni Parking Authority, to eneou age, explore and expand transit and commuter options within the DDRI Boundaries. if; hiding trolley and alier:native commuter options, including: a. Transit and traffic educational programs obtained li-orn S ith Florida Commuter Services: h, Preferential parking and treatments for carpool and anpool participants: c. Provide documentation promoting. the sprcadin J ) travel demands for travel off peak periods, such as staggered work hours, fi,- x-time. compressed work hours, tel i Promote alternative forms of trans-poton such as car -share and bike -share programs: and d. Other tratTor ation initiatives as reed upon by the City and DDA 16. Continue: to coordinate vt ith the N1i' ni-Dade County Water and Sewer Department (WASD) to upgrade the ‘vater and se er infrastructure kvi thin the DDRI :Area. • 17. Continue to coordinate \vith the lity's Police Department to ensure adequate provision of police services kvithin DDRI B undaries. 18. Continue to work with the City's Fire Department to ensure the adequate provision of lire. rescue service; withi ;'DDRI Boundaries. [9. a. The City shat comply with the terms of the Amended and Restated Interlocal :\gryreement r Public School Facility Planning in Miaini-Dade County. The City shall pron )te, in collaboration with the School Board, Miami Dade County and develop.. of projects .within the boundaries of the DDRI. as is practical, the follow'`w: (1) assess existing, schools for capacity and curricular expansion and amplitieation, ( :`) 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 9 Exhibit A THI ORI SEE I If iL- I_I V V LJ TITUTION TO A . ' AN BE .� ►OCUMENT. Miami education task force to evaluate creative educational option and alternatives. to serve Downtown and other City residents and workers. ?U Fork with Nliami-Dade County Office of Emergency Management to coordinate emergency evacuation measures from Downtown and to ensure adequate s - 91ter capacity for the occupants of planned new residential units within the DDRI. ? 1. Coordinate with the City Parks Department to identify opportunities public park space within the Downtown. Coordinate with develop the Downtown for the provision of recreation areas within their d property) that would be open and available to the public. a t provide additional rs of projects within evelopments (private Amend City of Miami Ordinance 12678 (as amended and c dified as Article El, Chapter 13 of the City or \liami C"c.fdr of Ordinances) to assess de elopnaent for its proportionate share of the cost of improvement and or services necess. , . to monitor and or mitigate any adverse impacts of Increment Ill, Said amendment .:fall also have authority to assess development its proportionate share of the costs attr° uta'hle to preparation of the master ,plan, the Application for Development Approval. °ld this Development Order. as well as ';'•`the future costs of reviewing individual develop! ent applications. monitoring compliance ' Gila this Development Order. and any ether cots reasonably related to the administration an:el:-itnlplementaatiun of this Development 0 ler. lt' necessary. the: City shall establish a petae durc for rebating any funds rolled 1 in excess of those funds attributable to a arficallar development and necessary implement this Development Order or any " rdit [°ace or procedure required to nlor ' or and enforce compliance with this Development —Order-And to mitigate the impacts of )tal Allowable Development under this Increment ECONOMIC ❑LVELOPMIENT (.; tlli7.e economic e evelopiln involve small and ininorit opportunities within th not limited to, those Sntull 8.+rsirrc'ss L)e .11iriOr itt' Business job skills avail minimum, th information trained. sk infofaaa The c 0 EI Ity nt enhancement resource agencies and programs designed to businesses in the development and expansion of permanent job roject. Examples of such agencies and programs include, but are ained in the .tliurrri nark Corrnta• lrrte17101 Services Dcprrrrrtrc'rnt 'Wino!! List (.?J' C'er•tUiecl Firms ms rn i the South Florida Small find R4'sorrrce Dir ec,ivra'. The 'Applicant will attempt to access the range of e in the region and promote <greaater labor force enhancement. At a Applicant is encouraged to provide potential commercial tenants with about employment and training agencies that maintain a database of ed workers to consider in meeting the project's ernployInent needs. This a shall be annually updated and submitted as part oldie Annual Status Report, 24, shall establish ordinances, programs or other mechanisms that require that sing available for purchase. or rental by extremely low (up to 30° 0 Area Median Income AMU. very -low (up to 50°0 of AMfl). low (up to 80°0 of AMI), moderate (up to 120°0 of AMt ), workforce (up to 140° ° of AM1) populations (as such terms are defined in section 420.9071. Florida Statutes; sections 17.1 31 and 33-193.6 of'the Miami Dade County Code; and section 13-5 of the City of Miarni Code of Ordinances) be constructed or caused to be 10 Exhibit A THIS ITUT.•N TO °RIG SUBSTITUTED. L CBE SEE �..... ��% UMENT, constructed in an amount equal to no less than 2700 dwelling units or fifteen (15) per °nt of the residential units proposed within the DDRI Increment III within an area of a te. (10) mile or a twenty (20) minute commute shed from and within the boundaries of thi DRI, whichever is less (Exhibit " D"; Housing Commute Shed). but in all events, ithin the jurisdiction of the City of Miami. Provided. however, in order to en. urage the development of housing for very -low. low, moderate, and workforce popt."i€tions within the boundaries ofthis DDRI. any units constructed within such boundaries -tall be counted at a ratio of 1.5:1. Units constructed in satisfaction of the Southeast Ov rtown Park West Development of Regional Impact affordable housing condition shall n be counted toward satisfying; this condition. All housing units for extremely low. very -low. low, moderate. ; id workforce populations constructed and conveyed pursuant to this condition shallimit resale to a price in accordance with the affordable or workfbrce price for a contr)1 period of twenty (20) years. or more. by providing an appropriately enforceable asst ante that said unit shall not be offered. for a price greater than the maximum workforce ousing unit sales price as such is established by the Miami Dade County Departs -it of Regulatory and Economic Resources at the time of said sale. If the units are scd during the initial twenty year control period, a new twenty year period for affordable sr workforce housing will apply to the new owners. Said binding and enforceable a, eenient may he, but is not limited to, a De clopnient Agreement. Land Use Restri icon Agreement, Declaration of Restrictive Covenants, or. if a Community I...and T:".ist. with a NIennor-andun of Ground Lease. recorded in the publie records of Miami . ac.le County. All rental housing- tier extremely low . very -low, low. moderate, and workforce populations provided in satisfaction or this coition, shall be maintained by the owner as affordable for low. moderate, and or ttorkf cc incomes for a period of twenty (20) years. If the units are sold during the initial tt.''nty year period, a new twenty year period will apply. in lieu of actually prnvidii, said housing units for extremely ]caw, very -low, law, moderate, arid_ tt orktoree poet& ions. in whole or in part, the City may establish an affordable workforce 'nusing trust fund to be used to fund construction of or access to aft43rdable or work 'ree units and authorize a payment in lieu of actually" providing, the � toit in units for '"cry -low. low, moderate, and worktoree populations. The payment in lieu shall be bit • d on a reasonable formula for the purchase construction each unit. The Applic'= it will work with South Florida Regional Council staff to explore creative affordabl workforce housing solutions (includinwg, micro -units, co -living, reduced parking require eats. rnixed-income housing and —rent to buy" programs, the rehabilitation of exist' housing units) and to ensure a balanced distribution ot'housing. based on income ley.s. �5. 'ithhold 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. Exhibit A MISCELLANEOUS THI SUBSTITUTED. OR SEEN A I I Nt ENU Ul- I HI S STITUTION TO J 1 CAN BE OCUMENT. 16. The effective date of this Development Order shall be forty -live (45) days frog receipt of its transmittal to the Department of Economic Opportunity. South Flory+a Renional Council, and City: provided, however, that if this Development Order i2 appealed, the effective date will not start until the day after all appeals have been withdrawn or resolved pursuant to F.S. 330.07. 27. Within thirty (30) days of the effective date of this Developmet ' Order. a notice of adoption of dais development order it shall be recorded with the Cl k, Dade County Circuit Court. pursuant to Section 330.06(15) E.S. The notice shall in ~ "fade a legal description of the property covered by this Development Order (Exhibit "E` ) and shall state which unit of local inlvcrnment adopted the development order, the ate of adoption. the date of adoption of any amendments to the development order. ae location where the adopted order with any amendments may he examined, and that to development order constitutes a land development regulation applicable to the propc "v. The recording of this notice shall not constitute a lien, cloud. or encumbrance on r "�1 property, or actual or constructive notice of any such lien, cloud, or encumbrance. ? The existence of this Development Order sht: not act to limit or proscribe the rights of any person under Section 380.06 F.S. to file .it ADA and obtain an individual development order for property c.n er.:d by this Devel '-inaent Order. notwithstanding the existence of this Development Order. In the even that such an individual development order is appro\ ed and becomes effective, e individual development order shall control development of the property cover-4 by the individual development order and the terms and conditions of this Developm t Order shall no lonner be binding upon the property. Any such individual develops: nt orders shall, by their terms be consistent with the objectives and conditions of tk;" s Development Order. This Dewclopmerat Order _'hall 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 Cofl ialissit"'i pursuant to Section 380.06 F,S. This Development Order shall not create ncr aatuthori7 the creation or imposition of any additional requirements or restrictions, with r.:"speet to an present or future development under any currently effective Development 0 er or building penatit issued prior hereto. Notwithstanding. this paragraph, the City shall tntinue to have whatever authority pursuant to law it may now have or may acquire in tl future (other than by virtue of this Development Order) 30. De." elopment Order shall not create nor impose any additional requirements or 'restric `ons upon the City with respect to its powers to enact impact fee or assessment earth 3nces on development, including Net New Development under this Development F Or. =er "artd future development of the City. as such impact fees or assessments may be itho.ri ed by law. 31 In evert that a substantial deviation is determined under the tennis of this Development c,0rdlr Section 330.06 r .S.. the City shall retain its ability to issue building permits and 12 Exhibit A 0 s shall continue to do so unabated. subject to the terms and conditions of this Deve Order. PI TUTION TO CAN BE DOCUMENT. ent 31. In the event that this Development Order is subject to litigation wherein an.`njunction is issued staying the enforcement of this Development Order, the City shall e':'ter. under this (Development Order or under the powers granted it by state lacy, be pen : `tied to continue to issue building permits and Certificates of Occupancy until such time : s a final resolution of the litigation occurs. unless the court expressly prohibits such acti,:i. I Exhibit A Exhibit A EQUIVALENCY MATRIX 14 THI a TI TION TO ORI{SUBSTITUTED. CAN BE SEE DOCUMENT. Exhibit A Exhibit B ANNUAL REPORT QUESTIONNAIRE 15 THIS ORI SEE SUBSTITUTED. TITUTION TO CAN BE OCUMENT. Exhibit A Exhibit C THISUBSTITUTED. zTIT ION TO ORI JAL AN BE SEEN Ai TFik kNU ul- I HIS P.CUMENT. MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT In Exhibit A Exhibit D TH I "r"" " ""STITUTI t TO SUBSTITUTED. ORI JAL CBE SEDO MENT. AFFORDABLE`WORKFORCE HOUSING COMMUTE SHED Exhibit A Exhibit E LEGAL DESCRIPTCON TIT . " ION TO AL AN BE CUMENT. Exhibit A SUBSTITUTED Increment III Development Order Conditions E CITY OF MIAMI SHALL: PR ECT INFORMATION, PROGRAM AND GENERAL CONDITIONS 1. quire all development pursuant to this Development Order to be in accordance with the Cit of Miami Comprehensive Neighborhood Plan, applicable land development regulions, ordinances, building codes, and other laws. 2. The deae for commencing any development under this Increment III shall be three (3) years from e effective date of this Development Order. 3. Total Allowabl: Development under this Development Order shall be limited to: DEVELOPMENT PROGRAM Land Uses Inc • ment I Increment II Increment III Totals Built tut- Buildout- Buildout- May 28, 003 September 28, 2019 September 1, 2025 Office (includes Government) (gross square feet) 3,681, `0 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 ,605 2,000 8,105 Residential (dwelling units) 10,550 6,7" 1 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 1 Marine Facilities 100,000 50 wet slips* 0 100,000 *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 1 003-001. a. Upon the issuance of a Certificate of Occupancy for any Net New De elopment as defined in section 14-122 of the City Code, the City shall make . +propriate deductions from the amount of Total Allowable Development un er this 1 Exhibit A SUBSTITUTED Development Order. No Building Perrnit 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 I and II of the Downtown Development of egional Impact. b. On ("D Author Regional ("Agreeme to this Increm development ui commenced. It is Increment III was Project as if it was Development of Regio requirements. Further, s Increment III, when autho coefficients or other calculation Increment III to be substantiall development that commenced pri obligated to pay any additional fees pursuant to Increment III within thirty ( of all appeal periods for the approval of in all events, prior to the issuance of a ce development of any project that does not quah ebruary 17, 2015, the City of Miami Downtown Development Authority ") and Department of Economic Opportunity entered into an Agreement ing Interim Development for the Downtown Miami Development of mpact Increment III Pursuant to Section 380.032, Florida Statutes "), which authorized commencement of interim development pursuant t III in advance of issuance of this final Development Order. Such er Increment III and pursuant to this Development Order has derstood that any development that has commenced under this re uired to pay all credits applicable to the development of the be developed under Increment II of the Downtown 1 Impact and all applicable ordinances and statutory d development was obligated and recognizes that ed as provided by law, may contain different ethodology that could cause fees for credits under changed from those of Increment II. Any to the adoption of Increment III is also plicable to the development of the project days of the final approval and expiration Increment III development order and, ificate of use and/or occupancy for for Increment II credits. 4. Monitor the capacity of Total Allowable Developmen Development Credits necessary for Net New Development the City, prior to or coincident with approval of a building per approvals. The City shall place reasonable time limits on all buil construction progresses within a reasonable period of time aft stockpiling of reservations for Development Credits. The time peri City shall take into account the size of the proposed Net New Develop to the time necessary to begin construction. by reserving the amount of a time, to be determined by t or other appropriate City g permits to assure that approval to prevent established by the nt in relationship 5. The buildout date, for authorizing development through the issuance of build permits, shall be September 1, 2025. September 1, 2025 is hereby establis expiration/termination date for the development order. Upon the occurrenc 2 and other d as the of the Exhibit A SUBSTITUTED 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. 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 ubstantial changes in the conditions underlying the approval of the development order h. e occurred, or that the development order was based on substantially inaccurate info ation provided by the Applicant, or that the change is clearly essential to the public health, afety or welfare. 7. The City i anager, by and through his/her designees, is hereby designated to monitor compliance + ith all conditions and the enforcement of this Development Order and shall have the duty d authority to interpret the provisions of this Development Order and to promulgate Tulin_ , regulations, and procedures necessary to implement it, provided the same are not incontent with the terms hereof or of F.S. 380.06, or duly promulgated and adopted rules there u . er. Appeals to decisions of the City Manager may be filed pursuant to procedures set forth the City of Miami Code and land development regulations, as amended. Any noncompl nce shall be subject to the provisions of Condition 8 herein. 8. The City shall not violate an fail to act substantially in comp owner within the boundaries co provisions of this Development Or and/or the City or any permittee or 1 "violator") the provisions of this Develo of this Development Order as to the parce or conduct has occurred and withhold development in said Parcel of Land upon passa adopted in accordance with this section, findin violator will be given written notice by the City th violation, and 2) that unless the violation is cured wit City will hold a public hearing to consider the matter said notice. In the event the violation is not curable in thirt good faith efforts, as determined by the City, to cure the vi obviate the need to hold a public hearing and this Developme force and effect unless the violator does not diligently purs completion within a reasonable time, in which event the City wil notice to the violator of its intention to stay the effectiveness of thi and withhold further permits, approvals, and services to the Parcel o violation has occurred and until the violation is cured. The terms of this modified from time to time by written agreement by the DDA, the City, an Regional Council ("Council") staff, to enable the City to enforce the Development Order to the fullest extent, while providing due process to under this Development Order. 3 of the conditions of this Development Order or otherwise nce with this Development Order or permit any property red by this Development Order to violate any of the . In the event any entity controlled by the Applicant owner of any Parcel of Land violates (hereinafter ent Order, the City shall stay the effectiveness or tract of land in which the violative activity her permits, approvals, and services for of any appropriate resolution by the City, that such violation has occurred. The states: 1) the nature of the purported n thirty (30) days of said notice, the hin sixty (60) days of the date of 30) days, the violator's diligent ation within that period will t Order will remain in full the curative action to ive fifteen (15) days' Development Order and in which the agraph may be outh Florida t% s of this all 6 -velopers Exhibit A SUBSTITUTED 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: 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. ':-vised pages will have a "Page Number (R) - Date" notation, with "Page Number" bei : the number of the original page, "(R)" indicating that the page was revised, and' ate" stating the date of the revision. c. The CA parties in ordinances. the CADA is a by agreement am is incorporated herein by reference and will be relied upon by the charging their statutory duties under F.S. 380.06 (2016), and local bstantial compliance with the factual representations contained in ondition for approval unless, for good cause, waived or modified g the Council, City, and DDA, their successors, and/or assigns. d. All terms, proposals, .uggestions and procedures proposed in the ADA, but not specifically incorporate . in this Development Order, shall not be considered a part of the CADA insofar as th, may have been deemed to place a requirement on the City of Miami to take any a tion or abstain from taking any action. The terms of this Development Order sha control and any requirements to the City are specifically enumerated herein. 10. City of Miami shall prepare an Annual Rep Clerk and Florida Department of Economic or before each anniversary date of this Deve Downtown Miami Increment III must also be incor in the Downtown Miami Master Development Or compiled for the entire Project. The Annual Report sha t and submit copies to the Council, the City ortunity/State Land Planning Agency on ment Order. The Annual Report for orated into the Annual Report required so that a single Annual Report is include, at a minimum: a. A complete response to each question in Exhib' "B" (Form Annual Report Questionnaire). b. Identification and description of any known changes in th i lan of development, or in the representations contained in the CADA, or in the ph.. ing for the reporting year and for the next year. c. A summary comparison of Total Allowable Development end Net New Development proposed and actually approved during the year, inclu ng locations, acreage, square footage, number of units, and other units of land u - s included within Total Allowable Development, and the acreage zoned and develop • as City parks within the boundaries of the Downtown DRI. 4 Exhibit A SUBSTITUTED 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. g. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order. statement that all agencies have been sent copies of the Annual Report in co ormance with F.S. 380.06(18). h. A cop of any recorded notice of the adoption of this Development Order or any subsequ- t modification that was recorded by the Applicant pursuant to F.S. 380.06(15). i. Any other info ation reasonably required by State Land Planning Agency and the Council, in accorce with F.S. 380.06. J. A comparison of the contained in the Dev Program actually develop mount of development approved in each land use category pment Program and the amount of the Development d as of the end of each year. k. A statement that sufficient ca.. cities of public facilities and services are available to serve the remaining develop ,-nt are available or planned and a statemetn of the condition of archeological resour s. 1. Provide Economic Development/Jobs ' ormation as provided in Condition 23. m. An assessment of the Applicant's and th. City's compliance with all conditions contained in the Increment III Development t rder. n. Flagstone Island Gardens, LLC shall be respo ible for providing the required Annual Report to City, Council and DEO for the atson Island Property. ENVIRONMENTAL 11. Assure and require that any fill material utilized within any cons tenon sites within the DDRI Area, whether from onsite excavation activities or from offs e sources, meets the clean soils criteria of the Florida Department of Environmental Protec •n (FDEP) and the Miami Dade Department of Regulatory and Economic Resources (' -iR) Division of Environmental Resources Management (DERM), as applicable and as m. be amended from time to time. 5 Exhibit A SUBSTITUTED 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: Ordinance 13550 (dated September 10, 2015) Comprehensive Plan. ndment 2) omprehensive Neighborhood Plan Objective LU-1.8. 3) Co , •rehensive Neighborhood Plan Policy LU-1.8.1. 4) Compr ensive Neighborhood Plan Policy LU-1.8.2. 5) Comprehen 've Neighborhood Plan Policy LU-1.8.3. 6) Comprehensive eighborhood Plan Policy LU-1.8.4. 7) Comprehensive Neighborhood Plan Policy LU-1.8.5. 8) Comprehensive Neighb hood Plan Policy CM-1.4.2. 9) Comprehensive Neighborh•od Plan Policy CI-1.2.6. 10) Comprehensive Neighborhood ° an Policy IC-1.1.910. 11) City Resolution R-14-0420 (dated tober 23, 2014). The findings of the Southeast Florida Regiona limate Change Compact shall be taken into consideration, as reasonable and a•ropriate, in future decisions regarding the design, location, and development of infrastructure and public facilities in the City and to meet or exceed adopt: • Level of Service (LOS) Standards. b. Cooperate and coordinate efforts with the Miami Dade Coun . Office of Resilience in planning for and addressing, as is reasonable and approprie, the coordination of activities contemplated by the Sea Level Rise Task Force formed through Miami -Dade County Resolution R-599-13, adopted on July 2, 201 , s amended by Resolution R-744-13 following Miami Dade County ordinances and solutions: 1) R-451-14 (dated May 6, 2014). 6 c. Exhibit A 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). SUBSTITUTED 7) R-48-15 (dated January 21, 2015) (This resolution pertains to Flood Damage Reduction). R-49-15 (dated January 21, 2015). 9) R-903-15 (dated October 6, 2015). 10) R-. 6-16 (dated January 20, 2016). As part o Neighborhood within the bound within the Coastal resilience to coastal floods, stormwater runo e pending Evaluation and Appraisal of its Comprehensive n, the City shall consider establishing an Adaptation Action Area 'es of the Downtown DRI and adopting additional policies anagement Element and City Code changes to improve oding resulting from high -tide events, storrn surge, flash and related impacts of sea -level rise. INFRASTRUCTURE AND SERVICES 14. a. Based upon the transit impacts dir Allowable Development for Increme- and pay or cause the payment of a tota Dade County, to be expended on some o shown on the Transit improvement Cha Commitment"), as follows: ctly related to and generated by the Total t III, pay, contract or otherwise commit to of $6,005,829 (2016 dollars) to Miami 11 of the following transit projects as •ovided as Exhibit "C" ("Transit 1) Government Center Station Upgrade 2) Historic Overtown/i.,yric Theatre Station Up de 3) Brick.ell Metrorail/Metromover. Station Upgrade 4) Downtown lntermod.al Bus Terminal 5) Bus -Only Lanes in Downtown Miami Alternative projects may be added or substituted to this list, subj t to the agreement of the City and Miami Dade County. The City shall collect the ransit 7 Exhibit A SUBSTITUTED 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 hundred (1 00) percent of the Total Allowable Development. Any payment of fees to the County in satisfaction of this condition shall be eported to the Council within one (1) year of the receipt of such payment by the unty. b. Base+ upon the roadway impacts generated by Total Allowable Development for Increm . u t III, pay or contract to pay $374,206.08 (proportionate share in 2016 dollars), t► be expended on transportation improvements, including but not limited to pedesfri. and alternative transportation mode improvements within the DDRI study area, a the turn lanes described in condition 14c, below, at the City's discretion. The plicant shall pay or contract to pay $123,488.01 within sixty (60) days from th, date of issuance of building permits that would result in the construction of mo than 33 percent of the Total Allowable Development, an additional $123,488.0 within sixty (60) days from the date of issuance of building permits that wod result in the construction of more than 66 percent of the Total Allowable Deve iment, and an additional $127,230.01 within sixty (60) days from the date of i . uance of building permits that would result in the construction of more than 100 , rcent of the Total Allowable Development. c. Prior to the issuance of the fir certificate of occupancy for the vertical construction within contiguous prope ies, where feasible, construct or cause the construction of a northbound right -turn , t the intersection of NE 2 Avenue at NE 15 Street, provided adequate right of way +n be made available, and a northbound right -turn at the intersection of NE 2 Avenu at NE 18 Street, provided adequate right of way can be made available. 15. Implement Transportation Demand Management (TDM) s , ategies and coordinate with the Miami Dade County Department of Transportation and blic Works and other local agencies and authorities such as the Miami Parking Authori to encourage, explore and expand transit and commuter options within the DDRI Bounda es, including trolley and alternative commuter options, including: a. Transit and traffic educational programs obtained from South ' orida Commuter Services; b. Preferential parking and treatments for carpool and vanpool particip c. Provide documentation promoting the spreading of travel demands for trel off 8 Exhibit A SUBSTITUTED 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. ontinue to coordinate with the Miami -Dade County Water and Sewer Department ( ASD) to upgrade the water and sewer infrastructure within the DDRI Area. 17. Conti 'ue to coordinate with the City's Police Department to ensure adequate provision of police s ces within DDRI Boundaries. 18. Continue t• work with the City's Fire Department to ensure the adequate provision of fire/rescue se ices within DDRI Boundaries. 19. a. The City • i all comply with the terms of the Amended and Restated Interlocal Agreement 'o Public School Facility Planning in Miami -Dade County. The City shall promote, ' collaboration with the School Board, Miami Dade County and developers of p ects 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 t developers about possible incorporation of customized, small District -operated co • ational facilities within their development, or (3) explore opportunities for pro ision of educational facilities, in addition to those which currently exist (as refer ced in (1) above), on public land owned by the City, Miami -Dade County, Schoo District or other public entity with assets in or near the DDRI area. b. The City shall establish, or, with input ` •m the DDA, work to establish, a City of Miami education task force to evalue creative educational options and alternatives, to serve Downtown and other residents and workers. 20. Work with Miami -Dade County Office of Emerge Management to coordinate emergency evacuation measures from Downtown and to et sure adequate shelter capacity for the occupants of planned new residential units within the :NDRI. 21. Coordinate with the City Parks Department to identify opportune es to provide additional public park space within the Downtown. Coordinate with develo r - rs of projects within the Downtown for the provision of recreation areas within their de elopments (private property) that would be open and available to the public. 22. Amend City of Miami Ordinance 12678 (as amended and codified as Arti. e II, Chapter 13 of the City of Miami Code of Ordinances) to assess development for its p .portionate share of the cost of improvement and/or services necessary to monitor and/or nu .' :ate any adverse impacts of Increment III. Said amendment shall also have authority to assess 9 Exhibit A SUBSTITUTED development its proportionate share of the costs attributable to preparation of the master plan, the Application for Development Approval, and this Development Order, as well as the future costs of reviewing individual development applications, monitoring compliance with this Development Order, and any other costs reasonably related to the administration and implementation of this Development Order. If necessary, the City shall establish a procedure for rebating any funds collected in excess of those funds attributable to a particular development and necessary to implement this Development Order or any ordinance or procedure required to monitor and enforce compliance with this Development rder and to mitigate the impacts of Total Allowable Development under this Increment 11 ECONOMI EVELOPMENT 23. Utilize ec• omic development enhancement resource agencies and programs designed to involve sma . and minority businesses in the development and expansion of permanent job opportunities ,;thin the project. Examples of such agencies and programs include, but are not limited to, t se contained in the Miami Dade County Internal Services Department Small Business D- elopment List of Certified Firms and the South Florida Small and Minority Business R- ource Directory. The Applicant will attempt to access the range of job skills available in e region and promote greater labor force enhancement. At a minimum, the Applican 's encouraged to provide potential commercial tenants with information about emplo ent and training agencies that maintain a database of trained/skilled workers to c+ sider in meeting the project's employment needs. This information shall be annually up iated and submitted as part of the Annual Status Report. 24. The City shall establish ordinance programs or other mechanisms that require that housing available for purchase or renta . by extremely low (up to 30% Area Median Income or AMI), very -low (up to 50% of AMf), ow (up to 80% of AMI), moderate (up to 120% of AMI), workforce (up to 140% of AMI) . ipulations (as such terms are defined in section 420.9071, Florida Statutes; sections 17-131 a 133-193.6 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 2 10 dwelling units or fifteen (15) percent of the residential units proposed within the DDRI rement III within an area of a ten (10) mile or a twenty (20) minute commute shed from anithin the boundaries of this DDRI, whichever is less (Exhibit " D"; Housing Commute - d), but in all events, within the jurisdiction of the City of Miami. Provided, howev , in order to encourage the development of housing for very -low, low, moderate, and orkforce populations within the boundaries of this DDRI, any units constructed within such oundaries shall be counted at a ratio of 1.5:1. Units constructed in satisfaction of the South c.. st Overtown Park West Development of Regional Impact affordable housing condition sha not be counted toward satisfying this condition. All housing units for extremely low, very -low, low, moderate, and work s rce 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 twen . (20) years, or more, by providing an appropriately enforceable assurance that said unit s 11 not be offered for a price greater than the maximum workforce housing unit sales price a such is 10 Exhibit A SUBSTITUTED 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. 11 rental housing for extremely low, very -low, low, moderate, and workforce populations p ,,vided in satisfaction of this condition, shall be maintained by the owner as affordable for w, moderate, and/or workforce incomes for a period of twenty (20) years. If the units are so . during the initial twenty year period, a new twenty year period will apply. In lieu of a+ ally providing said housing units for extremely low, very -low, low, moderate, and workfo e populations, in whole or in part, the City may establish an affordable/wor orce housing trust fund to be used to fund construction of or access to affordable or wo orce units and authorize a payment in lieu of actually providing the housing units for -low, low, moderate, and workforce populations. The payment in lieu shall be based on reasonable formula for the purchase/construction each unit. The Applicant will work with South Florida Regional Council staff to explore creative affordable/workforce boast . solutions (including, micro -units, co -living, reduced parking requirements, mixed -income sousing and "rent to buy" programs, the rehabilitation of existing housing units) and to e • ,ure a balanced distribution of housing, based on income levels. 25. Withhold the issuance of any buildin: +ermits (including phase permits) that would not ensure the preservation of historic and : rcheological resources that have been formally designated as historic by the City of Miam +ursuant to Section 23-4 of the City of Miami Code of Ordinances. Continue to explore • e designation of additional qualified sites within the boundaries of the DDRI. MISCELLANEOUS 26. The effective date of this Development Order shall be .rty-five (45) days from receipt of its transmittal to the Department of Economic Oppo • ity, South Florida Regional Council, and City; provided, however, that if this Develo meat Order is appealed, the effective date will not start until the day after all appeals have + een withdrawn or resolved pursuant to F.S. 380.07. 27. Within thirty (30) days of the effective date of this Developme adoption of this development order it shall be recorded with the Clerk, Court, pursuant to Section 380.06(15) F.S. The notice shall include a 1 the property covered by this Development Order (Exhibit "E") and shall of local government adopted the development order, the date of adoptio adoption of any amendments to the development order, the location where order with any amendments may be examined, and that the development order 11 Order, a notice of ade County Circuit al description of ate which unit the date of e adopted c stitutes Exhibit A SUBSTITUTED 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. 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 proved and becomes effective, the individual development order shall control d elopment of the property covered by the individual development order and the terms and onditions of this Development Order shall no longer be binding upon the property. Any s . ch individual development orders shall, by their terms be consistent with the objectiv- , and conditions of this Development Order. 29. This Develo effective deve by the City Com create nor author restrictions, with resp Development Order or the City shall continue to acquire in the future (other ment Order shall not repeal, nor amend in any way, any other currently ment order or building permit within the subject area previously issued ission pursuant to Section 380.06 F.S. This Development Order shall not e the creation or imposition of any additional requirements or ct to any present or future development under any currently effective 'fining permit issued prior hereto. Notwithstanding this paragraph, ve whatever authority pursuant to law it may now have or may an by virtue of this Development Order). 30. This Development Order shal not create nor impose any additional requirements or restrictions upon the City with r- , ilect to its powers to enact impact fee or assessment ordinances on development, inclu.g Net New Development under this Development Order and future development of the , ity, as such impact fees or assessments may be authorized by law. 31. In the event that a substantial deviation is de mined under the terms of this Development Order or Section 380.06 F.S., the City shall re ,Sin its ability to issue building permits and shall continue to do so unabated, subject to the t. s and conditions of this Development Order. 32. In the event that this Development Order is subject to itigation wherein an injunction is issued staying the enforcement of this Development Orde the City shall either, under this Development Order or under the powers granted it by stat- aw, be permitted to continue to issue building permits and Certificates of Occupancy until s ch time as a final resolution of the litigation occurs, unless the court expressly prohibits suc i action. 12 Exhibit A Exhibit A EQUIVALENCY MATRIX SUBSTITUTED DOWNTOWN MIAMI DRI INCREMENT III UPDATE LAND USE EXCHANGE RATES TO: OFFICE (KSF) RETAIL (KSF) HOTEL (ROOM) RESIDENTIAL (DU) INSTITUTIONAL (KSF) ATTRA .' ON AT) INDUSTRIAL (KSF) FROM: P.M. Peak External Vehicle Trip Rate 0.6501 1.6492 0.3214 0.1829 1.3541 0.0373 0.0938 OFFICE (KSF) 0.6501 1,0000 0,3942 2.0227 3.5544 0.48' 17.4290 6.9307 RETAIL (KSF) 1.6492 2.5368 1.0000 5.1313 9.0169 1.2179 44.2145 17.5821 HOTEL (ROOM) 0.3214 0.4944 0.1949 1.0000 1.7572 0.2374 8.6166 3.4264 RESIDENTIAL (DU) 0.1829 0.2813 0.1109 0.5691 1.i "+00 0.1351 4.9035 1.9499 INSTITUTIONAL (KSF) 1.3541 2.0829 0.8211 4.2131 7.4035 1.0000 36.3029 14.4360 ATTRACTION (SEAT) 0.0373 0.0574 0.0226 0.116 0.2039 0.0275 1.0000 0.3977 INDUSTRIAL (KSF) 0.0938 0.1443 0.0569 . 918 0.5128 0.0693 2.5147 1.0000 Notes: (1)Exchange rates are derived by dividing the P.M. external trip rate of the "F " land use by the P.M. external trip rate of the "To" land use. i�3Example: The exchange rate from office to residential is 1,000 square -t (1 KSF) of office for every 3.5544 residential dwelling units (DU). 4TgTLXE Exhibit A Exhibit B ANNUAL REPORT QUESTIONNAIRE 14 SUBSTITUTED SUBSTITUTED EXHIBIT B FORM DEO-BCP-BIENNIAL REPORT-1 STATE O LORIDA DEPARTMEN OF ECONOMIC OPPORTUNITY DIVISION OF CO UNITY PLANNING & DEVELOPMENT The Caldwell Buildin: MSC 160 107 East Madison Street Tallahassee, Florida 32399 Rule 73C-40.010, FAC. Effective 6-01-03 (Renumbered 10-01-11) DEVELO ENT OF REGIONAL IMPACT A NUAL REPORT Subsection 380.06(18), Florida Statutes, (F.S. of an approved development of regional impact (DRI) local government, the regional planning agency, the Dep to all affected permit agencies, on the date specified in the developer to submit the report on the date specified in the d the temporary suspension of the development order by the loca report is submitted to the review agencies. This requirement appl regional impact which have been approved since August 6, 1980. If about this required report, call the DRI Planner at (850) 717-8475 or th Council at (954) 985-4416. places the responsibility on the developer r submitting an annual report to the ment of Economic Opportunity, and evelopment order. The failure of a elopment order may result in overnment until the biennial s to all developments of u have any questions outh Florida Regional Send the original completed annual report to the designated local govern stated in the development order with one copy to each of the following: 43 ent official a) South Florida Regional Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 (954) 985-4416 b) All affected permitting agencies; Division of Community Development eau of Comprehensive Planning 107 E. t Madison Caldwell ilding, MSC 160 Tallahassee, .rida 32399 d) District VI Office of P : nning 602 South Miami Avenu Miami, Florida, 33130 44 SUBSTITUTED SUBSTITUTED ANNUAL STATUS REPORT eporting Period: to Month/Day/Year Month/Day/Year Development: Location: Name of DRI City County Developer Name: Company Nam Address: Street Location City, State, Zip Describe any changes made in the proposed plan of development, pha ing, or in the representations contained in the Application for Development Approval ce the Development of Regional Impact received approval. Note any actions (sub antial deviation determinations) taken by Local government to address these chang 45 SUBSTITUTED Note: If a response is to be more than one sentence, attach as Exhibit A a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; b) tate any known incremental DRI applications for development approval or re uests for a substantial deviation determination that were filed in the repo ing year and to be filed during the next year; c) Attach a co• of any notice of the adoption of a development order or the subsequent m.. ification of an adopted development order that was recorded by the developer p uant to Paragraph 380.06(15)(f), F.S. 2. Has there been a change in loca :overnment jurisdiction for any portion of the development since the developm • It order was issued? If so, has the annexing local government adopted a new DRI dev- apment order for the project? Provide a copy of the order adopted by the annexing loc. :overnment. 3, Provide copies of any revised master plans, inc -mental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sente ces, attach as Exhibit B. 4. Provide a summary comparison of development activity propos.. and actually conducted for the reporting year as well as a cumulative total of and actually conducted to date. 45 velopment proposed SUBSTITUTED Example: Number of dwelling units constructed, site improvements, Tots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. 5. ve any undeveloped tracts of land in the development (other than individual single- fam lots) been sold to a separate entity or developer? if so, identify tract, its size, and the b er. Provide maps which show the tracts involved. Tract Note: If a response i to be more than one sentence, attach as Exhibit D. 6. Describe any lands purchase or optioned adjacent to the original DRI site subsequent to issuance of the deveiopmen . order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than o sentence, attach as Exhibit. E. 47 SUBSTITUTED 7, List any substantial Local, state and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit F. 8. •vide a list specifying each development order conditions and each developer co itment as contained in the ADA. State how and when each condition or comm ment has been complied with during the annual report reporting period. Note: Attach .s Exhibit G. 9, Provide any informa n that is specifically required by the development order to be included in the annual port. 10. Provide a statement certifying at all persons have sent copies of the biennial report in conformance with Subsections 3:'.06(15) and (18), F.S. Person completing the questionnaire: Title: Representing: 48 Question 4 LAND USE TYPE Other dev . pment activity onducted PROPOSED THIS PERIOD BUILT THIS PERIOD 49 MEASURE TOTAL PROPOSED TO DATE TOTAL BUILT TO DATE MEASURE Exhibit A Exhibit C SUBSTITUTED MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT 15 SUBSTITUTED EXHIBIT C Downtown Miami - Increment III - Development of Regional Impact Trg.naltMo.de _--Pr*-o ame Location. Peseripilon Capitol Cagle 1e%$11arP.agrrt3star#ilyDTPW -_. $2,530,020 e Maeda " ( Government Center talon Upgrade 101 NW lot Street This prePiel consists of upgrades le the existing Government Center Metrorsll Station In ilia form of new elevators, ascelalers, new pedashian bridge connecting to edlocenl Sdghliins Station (Intercity Paosenger Aoi0id-Hall Downtown Link (Commuter Hall). upgrades to exlsling flooring and roofing, fare celleotlon updalee, Security equipment updates, new roiling gales and euhrta50 slidingdlore. $14.094,000 ktistodc Ove.5 1I. yrh: Theatre t 0 NW eat Stine} • This prolect consist of upgrades to the existing HlslolleOvetiownriyfic Theatre Meirorail Stilton it the form of new elevators, escalators, upgrades to milling flooring, faro aalentien, fare (taloa, and Ticket Vending Machines (TWA) updates, a nt aity equipment updates,. This protect will also reconfigure the alleyway We/earl Ov0lown Transit Village and the Station to include new stamped concrete as well as a shared use Promenade with oenopy from NW all (trod la NW et1t Street. $5,956,900 9994,000 - Malrerail Melramovsr • Stickel Station 1001 OW 101 Avenue The Hrickali Station 0enrea es an Intermodel elation That provides passenger canneellens with this local circulator (lily of Miami Trelloy), local axed route service (Manchus), n41100111 bus eorvice, regional bus (OCT 1-595 Exprossl as well as Melia never and Melrorail, The station area Is a knot site that spans 0atwaerl SW 5ih Street end SW 131S Sheol, The primary peal of the Sdcksll Matroral1tkMlromaver SE»5on Impravamsnls is to enhance plasm -Igor and pedestrian -cease to tmns1L Spoeilically, Me moommended Implementation plan includes edelbenel Ixrs v =ranger plek-upklrop areas, addilianal ahudle pidooWdrop-off capacity, provide 0 new d- grated kiss -made eras upgrade pada-Wan connections between neighboring devetopmenl and t prove passenger convenience through wSy5nding, opgmdereAt1A compliant sidewalks, conlih. r us passenger conapies,andaddilonal hikestorage........... .................. .... ... $2.300.00 __--. $414,000, - - - - - - k9Elfobu8 : Downtown intermodal Terminal - 112 MN Sid Street . _ ..... This pole-nsisls of construction ol a new downtown bus lerminal with approximately 27 hue trays, r"rraton Service prom including big nut limited le passenger waiting areas with sealing, ticker vending -. chinos. videelaudio displays, roalrooms se well as oecudly Wilco, atervice support areas (d or comfort area, joolturlsupply closet, bee suporvtear booth, slag parking • g spaces (otal), end •'. yeti( parking/slallon, kiss-andecio arse. conven/1ml of NW let Slreel to hue drop -elf area will 7 w-tacitt bus hays, dadicstad taxi and jitney areas, landscaping, lighting and Imifled directional sign,. U _ _ .... 10,705716 _.. 1•AVT, Flue -Only Lanes in Downtown Miami • VarlOua Locations In Downtown : (total length approximately 4 55 m'rloa) .. SIN/SE 1st Street (from 1-.9 to SE 1st Avenue) NE/NW 101 Street (Ism NE -d Avenue to 1-951 • NE/NW to Street (from glace : 8ivd., to 1-95) NW 5th Sheol (from 1.95 lc NW I.Avenue) NE 2nd Avenue (from NE 20th St _ to NE isl5heo1) SE/NE tat Avenue (soulh ol NE OM : Sol) (from SE 1st Street to NE 17th (Pruitt) NE1a1 Avenue (north of NE ell Street ' .tom NE 61tt Street to NE 17th Sheep yf 0 1ry ... $,ip^y ¢100- -TOTALS laSille,716 _ 5:025,929 50 Exhibit A Exhibit D SUBSTITUTED AFFORDABLE/WORKFORCE HOUSING COMMUTE SHED EXHIBIT D SUBSTITUTED MAP LEGEND Housing Supply Area CityQFMiami Boundary 0 10 Mile Radius Exhibit A Exhibit E LEGAL DESCRIPTION 17 SUBSTITUTED SUBSTITUTED EXHIBIT E LEGAL DESCRIPTION OF DOWNTOWN DRl<: (DDRJ Boundaries as of February 1, 2004) B• oin at the intersection of the centerline of N.W. Fifth Street and N.W. Third Avenue (east side of N-S Expres way (1-95)), thence run southerly along the centerline of N.W. Third Avenue and the easterly side of N-S Ex •essway to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler eet to the centerline of the Miami River, thence meandering southeasterly along the centerline of said '`'arni River to a point of intersection with the easterly right-of-way line of Metro Rapid Transit right -of- Ey (formerly Florida East Coast (FEC) Railroad right-of-way) said right-of-way line being 50 feet easterly r and parallel with the centerline of said Metro Rapid Transit right-of-way; thence run southerly and southwesterly along said easterly right-of-way line of Metro Rapid Transit to the intersection with the centerline of S. . 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the souther prolongation of the westerly line of Costa Bella Development Subdivision (107-14); thence northeasterly, rrthwesterly and northeasterly along said westerly line of Costa Bella to the intersection with the sou erly right-of-way line of S.E. 14th Lane; thence southeasterly, northeasterly, northerly, and northwest- 'y along said southerly and westerly right-of-way line of S.E. loth Lane and S.E. 14th Terrace to the interseL on with the northwesterly property line of lot 31, block 2 of amended plat of Point View as recorded in plat took 2 at page 93 of the public records of Miami -Dade County, Florida; thence northeasterly along the no westerly line of said Iot 31, to the northeasterly side of the existing ten -foot alley in block 2 of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the propy line between lots 4 and 5 of said block 2 of Point View, thence northeasterly along said line of lots 4 a . 5 and its prolongation thereof to the centerline of S.E. loth Street; thence southeasterly along said centerli • of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; th ce meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersect with the 52 SUBSTITUTED southerly boundary of Claughton Island Bridge; thence easterly along the said southerly right-of-way line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropolitan Miami -Dade County bulkhead line as recorded in plat book at page 18 of the public records; thence southerly, easterly, northerly and westerly, following said exis bulkhead and its westerly prolongation thereof around the island to the intersection with the mainlan .n the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction aloe, the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly right-of-way line . Brickell Avenue Bridge (S.E. Second Avenue); thence north along said bridge to the existing bulkhead on he northerly shoreline of the Miami River; said bulkhead line also being the southerly boundary of th. Dupont Plaza Center and Miami Center Joint Venture property; thence northeasterly along the southly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection th the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line ring along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of : ayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bay nt Park and the Bayfront Park Miamarina; thence continuing northerly along the bulkhead line of Biscayn- ^ ay to a point of intersection with the centerline of N.E. 17th Street extended easterly; thence westerly alon; the centerline of N.E. 17th Street and its extension thereof to a point of intersection with the centerline o orth Bayshore Drive; thence northerly and northeasterly along the centerline of North Bayshore Drive to point of intersection with easterly extension of the northerly lot line of lot 1 of block 1 of Seaport amende. s s recorded in plat book 149 at page 79 of the public records of Miami -Dade County, Florida; thence north sterly along the northerly lot line of lot I and its extension thereof across a 15-foot-wide alley to the ea erly extension of the northerly lot line of lot 6 of block 8 of Miramar amended as recorded in plat book at page 4 of the public records of Miami -Dade County, Florida; thence northwesterly along the northerly line of Iot 6 to a point of intersection with centerline of N.E. 4'h Avenue; thence southwesterly and northerl long the 53 SUBSTITUTED centerline of N.E. Fourth Avenue to its intersection with the centerline of N.E. 19th Street; thence westerly along the centerline of N.E. 19th Street to a point of intersection with southerly extension of the easterly lot line of lot 4 of block 1 of Miramar amended as recorded in plat book 5 at page 4 of the public cords of Miami -Dade County, Florida, thence northerly along the easterly lot line of lot 4 and its exte ion thereof to the southerly lot line of lot 8 of Coral Park as recorded in plat book 2 at page 66 of the publi records of Miami -Dade County, Florida; thence easterly along the southerly lot line of lot 8 to the southeast : orner of said lot 8; thence northerly along the easterly lot line of lot 8 to the southerly right- of-way line of N. 20th Street; thence easterly along the southerly right-of-way line of N.E. 20th Street to the southerly exten on of the easterly lot line of lot 7 of said Coral Park (2-66); thence northerly along the easterly lot line of tot nd its extension thereof to the northeast corner of lot 7; thence westerly along the northerly lot line of lot 7 t. point of intersection with the southerly extension of the easterly lot line of lot 7 of block 4 of Bayside Park . mended as recorded in plat book 2 at page 40 of the public records of Miami -Dade County, Florida; thence n herly along the easterly lot line of lot 7 and its extension thereof across a 15-foot-wide alley to the northeas orner of lot 7; thence continuing northerly across the right- of-way of N.E. 20th Terrace to the southeast c ler of lot 7 of block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of lot 7 to he northeast corner of said lot 7; thence across a 15- foot-wide alley to the southeast corner of lot 5 block 3 o . ayonne Subdivision as recorded in plat hook 2 at page 35 of the public records of Miami -Dade County, Fl ida; thence northerly along the easterly lot line of lot 5, and the northerly extension of its easterly lot lin- thereof, to the centerline of N.E. 21st Street; thence easterly along the centerline of N.E. 21st Street to a po : t of intersection with the southerly extension of the easterly lot line of lot 3 of block 1 of Bayonne Subdivisio (2-35); thence northerly along the easterly lot line and its extension thereof, to the southerly lot line of tract , of Caruso Subdivision as recorded in plat book 79 at page 23 of the public records of Miami -Dade County, orida; thence easterly along the southerly tract line of tract A to the southerly extension of the easterly right- -way line of N,E. Fourth Avenue; thence northerly along the easterly right-of-way line of N.E. Fourth A enue and its extension thereof to the centerline of N.E. 24th Street; thence westerly along the centerline of . .E. 24th 54 SUBSTITUTED Street to the centerline of N.E. Second Avenue; thence southerly along the centerline of N.E. Second Avenue to the centerline of N.E. 17th Street; thence westerly along the centerline of N.E. 17th Street and N.W. 17th Street to the easterly right-of-way line of the FEC Railroad; thence southerly along the easterly ht-of-way line of the FEC Railroad to the limited access right-of-way of 1-395; thence southeasterly sterly along the limited access right -of --way of 1-395 to the centerline of Biscayne Boulevard; thence s therly along the centerline of Biscayne Boulevard to the centerline of N.E. 5th Street, thence westerly aloe; the centerline of N.E; and N.W. 5'' Street to the point of beginning. 55 SUBSTITUTED LEGAL DESCRIPTION OF UPLAND PARCEL Commence at a point shown limited by an 5/8" diameter iron rod and Cap Stamped F.D.O.T., shown as P.T. Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8706, designated as art of State Road A-1-A in Dade County, Florida", prepared by the State Road Department of the State o lorida, as recorded in Map Book 56, at Page 71 of the Public Records of Dade County, Florida, Said poi being the point of tangency of the original center line of the Douglas MacArthur Causeway running Easte and South Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of the tate Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117, revised March 25, 1959, id most Northerly curve having a radius of 1432.69 feet and a central angle of 62° 00' 00 seconds"; th , ce South 59° 51' 26" West departing radially from said centerline a distance of 987.36 feet to a Projected . ulkhead line; thence North 17° 12' 21" West along said bulkhead line, a distance of 238.86 feet to th.. point and place of beginning; thence North 17° 12' 21" West, continuing along said bulkhead line a dis nce of 924.70 feet to the Southerly right of way line of State Road A-1-A Douglas MacArthur Causewa thence along said Southerly right of way line the following courses and distances; South 89° 10' 55" East distance of 73.08 feet; thence North 86° 44' 00" East, a distance of 67.09 feet to non -tangent curve concav o the Northeast whose radial line bears North 39° 29' 18" East having a radius of 160.00 feet and central an e of 22° 09' 33"; thence along said curve an arc length of 61.88 feet; thence South 72° 40' 15" East continr. ` g along said Southerly right of way line a distance of 276.49 feet; to a curve concave to the Southwest 'paving a radius of 600.00 feet and central angel of 46° 17' 39" thence along said curve an arc length o 84.79 feet to a point of tangency; thence South 26° 22' 36" East continuing along the southwesterly ',ht of way line of State Road A-1-A, a distance of 196.59 feet; thence South 54° 07' 39" West Departi Said right of way line, a distance of 532.16 feet; thence North 35° 54' 03" West, a distance of 132.74 fe ; thence South 54° 07' 39" West, a distance of 150.14 feet to the point of beginning. The combined Upland and Submerged Parcels c Main approximately 24.2+1- acres 56 SUBSTITUTED poi Easte 3 of the 25, 1959, . thence Sout projected bul to the point andp of 550.92 feet to a of engineers and pos American Datum 1983- distance of 428.44 feet t waterway; thence North 03 point of intersection with the point of intersection being a poi radial line to said point bears Sout said curve and along said Southerly tangency; thence South 89° 10' 35" Eas distance of 31.87 feet more or less to a p 17° 12' 21" East along said bulkhead line a LEGAL DESCRIPTION OF SUBMERGED PARCEL Commence at a point marked by an 5/8" diameter iron rod and Cap Stamped F,D.O.T., shown as P.T. Sta. 25+50 on the "Official Map of Location and Survey of a portion of Section 8708, designated as part of tate Road A-1-A in Dade County, Florida", prepared by the State Road Department of the State of rida, as recorded in Map Book 56, at Page 71 of the Public Records of .Dade County, Florida. Said being the point of tangency of the original center line of the Douglas MacArthur Causeway running and South Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet State Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117, revised March id most Northerly curve having a radius of 1432.69 feet and a central angle of 62° 00' 00" 59° 51' 26" West departing radially from said centerline, a distance of 987.36 feet to a ad Iine; thence North 17° 12' 21" West along said bulkhead line, a distance of 238.86 feet ace of beginning; thence South 49° 32' 57" West departing said bulkhead line a distance it of intersection of lines of turning basin limit as established by U.S. Army Corps ion by coordinates North 527,878.62 feet, East 926,135.22 feet (based on North AC83); thence North 31° 03' 50" West, along the limits of said turning basin a a point of intersection with the East right of way line of the intracoastal 7' 54" West along said East right of way line a distance of 874.43 feet to a outherly right of way line of said Douglas MacArthur Causeway, said on a curve concave Southerly and having a radius of 10,716.59 feet, a 01° 15' 15" East; thence run Easterly for 387.46 feet along the arc of ht of way line, through a central angle of 02° 04' 17" to a point of continuing Easterly along the said Southerly right of way line, a nt of intersection with an existing bulkhead line; thence South tance of 924.70 feet to the point of beginning. The combined Upland and Submerged Parcels c tain approximately 24.2+1- acres #4O877359 v1 57