HomeMy WebLinkAboutPZAB ResolutionFile ID 16-00896
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-1 6-043
September 7, 2016
Item PZAB.3
Mr. Daniel Milian offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DOWNTOWN
MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER
THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE
SOUTHEAST OVERTOWN PARK WEST AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT
TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DOWNTOWN DEVELOPMENT
AUTHORITY; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT
OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ZONING AND APPEALS
BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED
HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY
REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF
LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT
AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTALS DIRECTING THE CITY MANAGER TO TAKE
ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III
DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
Upon being seconded by Ms. Maria Lievano-Cruz the motion passed and was adopted by a vote of 9-1:
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Adam Gersten
Ms. Maria Beatriz Gutierrez
Mr. Daniel Milian
Mr. Juvenal Piria
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
Francisco =arcjaDirector
Planning a e-Zoning Department
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
jp)I(
Execution Dat
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS I'? DAY OF 5 4X Y 2016,
`\wnre-Z
Print Notary Name
Personally know kr' or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Page 1 of 2
Notary Public State of Florida
My Commission Expires:
•0.0Py'` ;. BEATRIZALVAREZ
444 ;. MY COMMISSION # FF 071860
EXPIRES: November 20, 2017
l'4; flrght`' Bonded Pint Notary Public Underwriters
Exhibit A
Increment III Development Order Conditions
THE CITY OF MIAMI SHALL:
PROJECT INFORMATION, PROGRAM AND GENERAL CONDITIONS
1. Require all development pursuant to this Development Order to be in accordance with the
City of Miami Comprehensive Neighborhood Plan, applicable land development
regulations, ordinances, building codes, and other laws.
2. The deadline for commencing any development under this Increment 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-
May 28, 2003
September 28, 2019
September 1, 2025
Office (includes
Government)
(gross square feet)
3,681,890
1,220,000
2,500,000
7,401,890
Government Office
(gross square feet)
300,000
0
Government
Offices are
included in General
Office Category
300,000
Retail/Service
(gross square feet)
1,453,500
747,774
758,000
2,959,274
Hotel
(rooms)
4,500
1,605
2,000
8,105
Residential
(dwelling units)
10,550
6,750
18,000
35,300
Convention
(gross square feet)
500,000
300,000
0
800,000
Wholesale/Industrial
(gross square feet)
1,050,000
550,000
250,000
1,850,000
Institutional
(gross square feet)
200,000
350,000
150,000
700,000
Attractions/Recreation
(seats)
30,500
59,000
2,000
91,500
Marine Facilities
100,000
50 wet slips*
0
100,000
*An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003-001.
a. Upon the issuance of a Certificate of Occupancy for any Net New Development as
defined in section 14-122 of the City Code, the City shall make appropriate
deductions from the amount of Total Allowable Development under this
1
Exhibit A
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.
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
2
Exhibit A
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
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
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.
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.
4
Exhibit A
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.
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 statemetn of the
condition of archeological resources.
Provide Economic Development/Jobs information as provided in Condition 23.
m. An assessment of the Applicant's and the City's compliance with all conditions
contained in the Increment III Development Order.
n. Flagstone Island Gardens, LLC shall be responsible for providing the required
Annual Report to City, Council and DEO for the Watson Island Property.
ENVIRONMENTAL
11. Assure and require that any fill material utilized within any construction sites within the
DDRI Area, whether from onsite excavation activities or from offsite sources, meets the
clean soils criteria of the Florida Department of Environmental Protection (FDEP) and the
Miami Dade Department of Regulatory and Economic Resources (RER) Division of
Environmental Resources Management (DERM), as applicable and as may be amended
from time to time.
5
Exhibit A
12. Enforce the requirements of the Miami -Dade County Shoreline Development Review
Ordinance No. 85-14 (codified as Article III, Chapter 33D of the Miami -Dade County
Code) for all qualifying developments within the Shoreline Development boundary.
13. a. Continue its efforts to address the potential impacts of sea level rise upon the
Downtown, City of Miami and Miami Dade County, by reasonably addressing the
findings of the City of Miami Sea Level Rise Committee established pursuant to
City Resolution R-15-0072 (adopted on February 26, 2015) and any subsequent sea
level rise committees and groups as established from time to time, and through the
implementation of the following and subsequent City of Miami ordinances,
Comprehensive Neighborhood Plan objectives and policies, and City resolutions:
1) Ordinance 13550 (dated September 10, 2015) Comprehensive Plan
Amendment
2) Comprehensive Neighborhood Plan Objective LU-1.8.
3) Comprehensive Neighborhood Plan Policy LU-1.8.1.
4) Comprehensive Neighborhood Plan Policy LU-1.8.2.
5) Comprehensive Neighborhood Plan Policy LU-1.8.3.
6) Comprehensive Neighborhood Plan Policy LU-1.8.4.
7) Comprehensive Neighborhood Plan Policy LU-1.8.5.
8) Comprehensive Neighborhood Plan Policy CM-1.4.2.
9) Comprehensive Neighborhood Plan Policy CI-1.2.6.
10) Comprehensive Neighborhood Plan Policy IC-1.1.910.
11) City Resolution R-14-0420 (dated October 23, 2014).
The findings of the Southeast Florida Regional Climate Change Compact shall be
taken into consideration, as reasonable and appropriate, in future decisions
regarding the design, location, and development of infrastructure and public
facilities in the City and to meet or exceed adopted Level of Service (LOS)
Standards.
b. Cooperate and coordinate efforts with the Miami Dade County Office of Resilience
in planning for and addressing, as is reasonable and appropriate, the coordination
of activities contemplated by the Sea Level Rise Task Force as formed through
Miami -Dade County Resolution R-599-13, adopted on July 2, 2013 as amended by
Resolution R-744-13 following Miami Dade County ordinances and resolutions:
1) R-451-14 (dated May 6, 2014).
6
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).
7) R-48-15 (dated January 21, 2015) (This resolution pertains to Flood
Damage Reduction).
8) R-49-15 (dated January 21, 2015).
9) R-903-15 (dated October 6, 2015).
10) R-66-16 (dated January 20, 2016).
c. As part of the pending Evaluation and Appraisal of its Comprehensive
Neighborhood Plan, the City shall consider establishing an Adaptation Action Area
within the boundaries of the Downtown DRI and adopting additional policies
within the Coastal Management Element and City Code changes to improve
resilience to coastal flooding resulting from high -tide events, storm surge, flash
floods, stormwater runoff, and related impacts of sea -level rise.
INFRASTRUCTURE AND SERVICES
14. a. Based upon the transit impacts directly related to and generated by the Total
Allowable Development for Increment III, pay, contract or otherwise commit to
and pay or cause the payment of a total of $6,005,829 (2016 dollars) to Miami
Dade County, to be expended on some or all of the following transit projects as
shown on the Transit Improvement Chart provided as Exhibit "C" ("Transit
Commitment"), as follows:
1) Government Center Station Upgrade
2) Historic Overtown/Lyric Theatre Station Upgrade
3) Brickell Metrorail/Metromover Station Upgrade
4) Downtown 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
7
Exhibit A
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 (100) percent of the Total Allowable Development.
Any payment of fees to the County in satisfaction of this condition shall be
reported to the Council within one (1) year of the receipt of such payment by the
County.
b. Based upon the roadway impacts generated by Total Allowable Development for
Increment III, pay or contract to pay $374,206.08 (proportionate share in 2016
dollars), to be expended on transportation improvements, including but not limited
to pedestrian and alternative transportation mode improvements within the DDRI
study area, and the turn lanes described in condition 14c, below, at the City's
discretion. The Applicant shall pay or contract to pay $123,488.01 within sixty
(60) days from the date of issuance of building permits that would result in the
construction of more than 33 percent of the Total Allowable Development, an
additional $123,488.01 within sixty (60) days from the date of issuance of
building permits that would result in the construction of more than 66 percent of
the Total Allowable Development, and an additional $127,230.01 within sixty
(60) days from the date of issuance of building permits that would result in the
construction of more than 100 percent of the Total Allowable Development.
c. Prior to the issuance of the first certificate of occupancy for the vertical
construction within contiguous properties, where feasible, construct or cause the
construction of a northbound right -turn at the intersection of NE 2 Avenue at NE
15 Street, provided adequate right of way can be made available, and a northbound
right -turn at the intersection of NE 2 Avenue at NE 18 Street, provided adequate
right of way can be made available.
15. Implement Transportation Demand Management (TDM) strategies and coordinate with the
Miami Dade County Department of Transportation and Public Works and other local
agencies and authorities such as the Miami Parking Authority, to encourage, explore and
expand transit and commuter options within the DDRI Boundaries, including trolley and
alternative commuter options, including:
a. Transit and traffic educational programs obtained from South Florida Commuter
Services;
b. Preferential parking and treatments for carpool and vanpool participants;
c. Provide documentation promoting the spreading of travel demands for travel off
8
Exhibit A
peak periods, such as staggered work hours, flex -time, compressed work hours,
telecommuting;
Promote alternative forms of transportation such as car -share and bike -share
programs; and
d. Other transportation initiatives as agreed upon by the City and DDA
16. Continue to coordinate with the Miami -Dade County Water and Sewer Department
(WASD) to upgrade the water and sewer infrastructure within the DDRI Area.
17. Continue to coordinate with the City's Police Department to ensure adequate provision of
police services within DDRI Boundaries.
18. Continue to work with the City's Fire Department to ensure the adequate provision of
fire/rescue services within DDRI Boundaries.
19. a. The City shall comply with the terms of the Amended and Restated Interlocal
Agreement for Public School Facility Planning in Miami -Dade County. The City
shall promote, in collaboration with the School Board, Miami Dade County and
developers of projects within the boundaries of the DDRI, as is practical, the
following:
(1) assess existing schools for capacity and curricular expansion and amplification,
(2) provide information to developers about possible incorporation of customized,
small District -operated educational facilities within their development, or (3)
explore opportunities for provision of educational facilities, in addition to those
which currently exist (as referenced in (1) above), on public land owned by the
City, Miami -Dade County, School District or other public entity with assets in or
near the DDRI area.
b. The City shall establish, or, with input from the DDA, work to establish, a City of
Miami education task force to evaluate creative educational options and
alternatives, to serve Downtown and other City residents and workers.
20. Work with Miami -Dade County Office of Emergency Management to coordinate
emergency evacuation measures from Downtown and to ensure adequate shelter capacity
for the occupants of planned new residential units within the DDRI.
21. Coordinate with the City Parks Department to identify opportunities to provide additional
public park space within the Downtown. Coordinate with developers of projects within
the Downtown for the provision of recreation areas within their developments (private
property) that would be open and available to the public.
22. Amend City of Miami Ordinance 12678 (as amended and codified as Article II, Chapter
13 of the City of Miami Code of Ordinances) to assess development for its proportionate
share of the cost of improvement and/or services necessary to monitor and/or mitigate any
adverse impacts of Increment III. Said amendment shall also have authority to assess
9
Exhibit A
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
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
10
Exhibit A
established by the Miami Dade County Department of Regulatory and Economic
Resources at the time of said sale. If the units are sold during the initial twenty year control
period, a new twenty year period for affordable or workforce housing will apply to the
new owners. Said binding and enforceable agreement may be, but is not limited to, a
Development Agreement, Land Use Restriction Agreement, Declaration of Restrictive
Covenants, or, if a Community Land Trust, with a Memorandum of Ground Lease,
recorded in the public records of Miami Dade County.
All rental housing for extremely low, very -low, low, moderate, and workforce populations
provided in satisfaction of this condition, shall be maintained by the owner as affordable
for low, moderate, and/or workforce incomes for a period of twenty (20) years. If the units
are sold during the initial twenty year period, a new twenty year period will apply.
In lieu of actually providing said housing units for extremely low, very -low, low, moderate,
and workforce populations, in whole or in part, the City may establish an
affordable/workforce housing trust fund to be used to fund construction of or access to
affordable or workforce units and authorize a payment in lieu of actually providing the
housing units for very -low, low, moderate, and workforce populations. The payment in
lieu shall be based on a reasonable formula for the purchase/construction each unit.
The Applicant will work with South Florida Regional Council staff to explore creative
affordable/workforce housing solutions (including, micro -units, co -living, reduced parking
requirements, mixed -income housing and "rent to buy" programs, the rehabilitation of
existing housing units) and to ensure a balanced distribution of housing, based on income
levels.
25. Withhold the issuance of any building permits (including phase permits) that would not
ensure the preservation of historic and archeological resources that have been formally
designated as historic by the City of Miami, pursuant to Section 23-4 of the City of Miami
Code of Ordinances. Continue to explore the designation of additional qualified sites
within the boundaries of the DDRI.
MISCELLANEOUS
26. The effective date of this Development Order shall be forty-five (45) days from receipt of
its transmittal to the Department of Economic Opportunity, South Florida Regional
Council, and City; provided, however, that if this Development Order is appealed, the
effective date will not start until the day after all appeals have been withdrawn or resolved
pursuant to F.S. 380.07.
27. Within thirty (30) days of the effective date of this Development Order, a notice of
adoption of this development order it shall be recorded with the Clerk, Dade County Circuit
Court, pursuant to Section 380.06(15) F.S. The notice shall include a legal description of
the property covered by this Development Order (Exhibit "E") and shall state which unit
of local government adopted the development order, the date of adoption, the date of
adoption of any amendments to the development order, the location where the adopted
order with any amendments may be examined, and that the development order constitutes
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Exhibit A
a land development regulation applicable to the property. The recording of this notice shall
not constitute a lien, cloud, or encumbrance on real property, or actual or constructive
notice of any such lien, cloud, or encumbrance.
28. The existence of this Development Order shall not act to limit or proscribe the rights of
any person under Section 380.06 F.S. to file an ADA and obtain an individual development
order for property covered by this Development Order, notwithstanding the existence of
this Development Order. In the event that such an individual development order is
approved and becomes effective, the individual development order shall control
development of the property covered by the individual development order and the terms
and conditions of this Development Order shall no longer be binding upon the property.
Any such individual development orders shall, by their terms be consistent with the
objectives and conditions of this Development Order.
29. This Development Order shall not repeal, nor amend in any way, any other currently
effective development order or building permit within the subject area previously issued
by the City Commission pursuant to Section 380.06 F.S. This Development Order shall not
create nor authorize the creation or imposition of any additional requirements or
restrictions, with respect to any present or future development under any currently effective
Development Order or building permit issued prior hereto. Notwithstanding this paragraph,
the City shall continue to have whatever authority pursuant to law it may now have or may
acquire in the future (other than by virtue of this Development Order).
30. This Development Order shall not create nor impose any additional requirements or
restrictions upon the City with respect to its powers to enact impact fee or assessment
ordinances on development, including Net New Development under this Development
Order and future development of the City, as such impact fees or assessments may be
authorized by law.
31. In the event that a substantial deviation is determined under the terms of this Development
Order or Section 380.06 F.S., the City shall retain its ability to issue building permits and
shall continue to do so unabated, subject to the terms and conditions of this Development
Order.
32. In the event that this Development Order is subject to litigation wherein an injunction is
issued staying the enforcement of this Development Order, the City shall either, under this
Development Order or under the powers granted it by state law, be permitted to continue
to issue building permits and Certificates of Occupancy until such time as a final resolution
of the litigation occurs, unless the court expressly prohibits such action.
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Exhibit A
Exhibit A
EQUIVALENCY MATRIX
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Exhibit A
Exhibit B
ANNUAL REPORT QUESTIONNAIRE
Exhibit A
Exhibit C
MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT
Exhibit A
Exhibit D
AFFORDABLE/WORKFORCE HOUSING COMMUTE SHED
Exhibit A
Exhibit E
LEGAL DESCRIPTION
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