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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 I . 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 *An additional 42 slips are vested from DRI review pursuant to DCA BLIVR 11003-001. FILE NO. 1220 Increment I Increment I1 Increment III Land Uses Buildout- Buildout- Totals Buildout- May 28, 2003 September 28 September 1, 2019 2025 Office (includes 3,681,890 1,220,000 2,500,000 7,401,890 Government) (gross square feet Government Office 300,000 0 Government 300,000 (gross square feet) Offices are included in General Office Cate or Retail/Service 1,453,500 747,774 758,000 2,959,274 (gross square feet Hotel 4,500 1,605 2,000 8,105 rooms Residential 10,550 6,750 18,000 35,300 (dwelling units) Convention 500,000 300,000 0 800,000 gross square feet Wholesale/Industrial 1,050,000 550,000 250,000 1,850,000 (gross square feet Institutional 200,000 350,000 150,000 700,000 (gross square feet) Attractions/Recreation 30,500 59,000 2,000 91,500 seats 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. 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 (3 0) 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 11 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 (3 0) 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 xray 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, t 0. 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. C. 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. Provide Economic Development/Jobs infon- ation 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 9 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 0 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 Intermodal Bus Terminal 5. Bus -Only Lanes in Downtown Miami Alternative projects may be added or substituted to this list, subject to the agreement of the City and Miami Dade County. The City shall collect the Transit Commitment proportionally from development within the DDRI boundaries and pay, contract or otherwise commit or cause to pay to Miami Dade County, $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than thirty-three (33) percent of the Total Allowable Development, an additional $1,981,923.57 within sixty (60) days from the date of issuance of building permits that would result in the construction of more than sixty-six (66) percent of the Total Allowable Development, and an additional $2,041,981.86 within sixty (60) days from the date of issuance of the building permits that would result in the construction of more than o n e h u n d r e d (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. The foregoing Transit Commitment is made in recd tion that a -portion of the develo ment ursuant to this Increment III is exempt from the requirement to Pa 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 Miatni-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. pLovides..for a credit or contribution in lieu of im act 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 Im act. fee affectin 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 d 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 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 pre are a master plan of infrastructure enhancements within the Downtown DR[ area that would provide road, transit or other eapa,giiy 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 fiend uain. J the Downtown DRI transportation fees collected after the jm osition of County Road Impact fees, with the understanding that said enhancements could be performed and contributions made to the fand.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 pen -nits 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 Rayment of a total of $1,180, 030 2016 dollars to the South Florida Regional Trans ortation Authority SFRTA to be ex ended 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 f 1 ear of the receipt of such payment by the SFRTA. d.c-. Prior to the issuance of the first certificate of occupancy for the vertical construction within contiguous properties, where feasible, constrict 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 peal. 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. 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 Louts 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 Miarni 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 Cleric, Dade County Circuit Court, pursuant to Section 380.06(15) F.S. The notice shall include a legal description of the property covered by this Development Order (Exhibit "E") and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any amendments to the development order, the location where the adopted order with any amendments may be examined, and that the development order constitutes a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such lien, cloud, or encumbrance. 28. The existence of this Development Order shall not act to limit or proscribe the rights of any person under Section 380.06 F.S. to file an ADA and obtain an individual development order for property covered by this Development Order, notwithstanding the existence of this Development Order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by the individual development order and the terms and conditions of this Development Order shall no longer be binding upon the property. Any such individual development orders shall, by their terms be consistent with the objectives and conditions of this Development Order. 29. This Development Order shall not repeal, nor amend in any way, any other currently effective development order or building permit within the subject area previously issued by the City Commission pursuant to Section 380.06 F.S. This Development Order shall not create nor authorize the creation or imposition of any additional requirements or restrictions, with respect to any present or future development under any currently effective Development Order or building permit issued prior hereto. Notwithstanding this paragraph, the City shall continue to have whatever authority pursuant to law it may now have or may acquire in the future (other than by virtue of this Development Order). 30. This Development Order shall not create nor impose any additional requirements or restrictions upon the City with respect to its powers to enact impact fee or assessment ordinances on development, including Net New Development under this Development Order and future development of the City, as such impact fees or assessments may be authorized by law. 31. In the event that a substantial deviation is determined under the terms of this Development Order or Section 380.06 F.S., the City shall retain its ability to issue building permits and shall continue to do so unabated, subject to the terms and conditions of this Development Order. 32. In the event that this Development Order is subject to litigation wherein an injunction is issued staying the enforcement of this Development Order, the City shall either, under this Development Order or under the powers granted it by state law, be permitted to continue 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 16 Attachment A Exhibit C MIAMI DADE COUNTY TRANSIT IMPROVEMENT COMMITMENT 17 Attachment A Exhibit D AFFORDABLE/WORKFORCE HOUSING COMMUTE SHED Attachment A Exhibit E LEGAL DESCRIPTION 19 19 I" THIS DC SUBSTITUTED, TION TO ORIGIN AN BE CITY OF MIAMI, FLORIDA SEE=N A MENT. INTER -OFFICE MEMORANDUM j TO: The Honorable Mayer and Members of the Citv Commission 9 { FROM: Daniel 3, Alfons City Manager DATE: January 9, 2017 SUBJECT; January 12, 2017 City C Meeting Agenda -- PZ.2 The Depaaeiit of Planning and Zoning respectfully requests the ave Mere aed item be substituted in the Janu y 12, 2017 City Commission meeting agenda. This modification 's rewired because the City Commission passed Resolution 05-0339, amended to R-16-02113, throe which the City committed funding to the South Florida Regional Transportation Authority �" RTA") using fiends from the Downtown Development of Regional Impact (``DRi"). The develo Brat order was not amended to condition the City to honor this commitment; this substitution ill modify the development order accordingly. J?.2 1224); .Attached for inclusion into the record is a modified version of the Increment III Development Order Conditions (Exhibit A to the 0rdinance t First Reading, file number 1220, November 17, 2016) substituting for the original dmiopment order nditions, The modification adds a paragraph 14 (a) (2) to incorporate previous City Commission action -16-4210. C: Victoria Mendel, ( Nzeribe lhekwaba, Ftaticisco J. Gare' 01'a ora, it Anna Medi Ae Department of Planning and Zoning ai of Hearing Boards da Coordinator QD L- ,�L�i f1 "J�i) PZ17-002 i PZ17-002 SUBSTITUTE ITUTION TO Exhibit A ORIGI AN BE C' SEEN="LCUMENT. Increment III DeveloaMent -Order Condifio'.H's THE curi, OF MIAMI SHALL. - PROJECT CNMRMATION, PROGRAM AND GENERAL CONDI ONS I Require all development pursuant to this Development Order to e in accordance with the City of Miami Comprehensive Neighborhood Plan, ap icable land development re,crulations, ordininces, building codes, and other laws. 2. The deadline for commencing any development under th" Increment III shall be three (3) years from the effective date of this Development Ord 3, Total AllowahlQ Dovelopinent under this Developq -nt Order shall be limited to: DEVELOPMENT PR GRAM i lncrellicn! 1 Cn" ment It 00 N f'L1.y-.2'-..---3 2019 C'11 office (Im"!Ll'los '9" 3,08 1,8%) t Ino'oco 31 Increment M Buildou - Totals 5.4itzmber 1. 21025 2.500.000 7.40 LF96 .300 '0 300 00 0 Goverviii 300.000 (tyross square feet) Officez, � If includcd in General Retail Service .453.500 747.774 -Officefau.g.ory 2,959,274 0�iros%' lllqkl'Mfeet) Hotel 1,X00 1,60-5 i 2,000 8,105 (roorlis) Residential 6.750 18,000 35,300 (d%veilin;�; unit,;) tion 300.000 300,0000 800,000(�-,ro ss square fetn) --------- - -- - ----- ---------------- '4 holesale Indus ial 1-0 0.000 — ----- 550.000 ------ ?;0.000 ------ 1.850.000 8 %000 t LSEDNs square ' et) ---- ------------ -----200,000200,000... Institutional Institutional 350.000 150,000 700,000 (gross s. u, e feet) Attrvtio s Recreation 30,500 59.000 2,000 91.500 (seats) --- ------------ F)C60 Mari e Facilities .5-0. m C 1 t; ----------- 0 .—To.6700 /* nadditional 42 slips are vested from DRI review pursuant to DCA BLIVR 1 1 003-00 1, 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 deCIUC6011S frorn the amount of Total Allowable Development tinder this I T STITUTION TO O SUBSTITUTED. NAL/CAN BE Exhibit A S S YOCUMENT. Development Order. No Building Permit shall be issued for Net .New Develo Oient which wvould, in the ago-regate. exceed the amount of Total Allo'xable Devel prnent raider this Development Order. The City may permit simultaneous incrP ses and decreases in the above described land use categories consisten wwith the Equivalency Matrix attached hereto as Exhibit "A" (Equivalency Ma 'X), without the need of tiling for an NC3PC (Notice of Proposed Change) pr icled that the regional impacts of the lard uses in Increment III of the Projec as approved, as rneasured by total peak. hour vehicle trips are not increased. Nothing herein chap- s. ccrants. or otherwise alters any rights, Condit• ns, connrnitanernts, obligations or Iinaitations upon development projects th commenced within and or which are credited to Increments I and 11 of the Do •ntoww'n Development of Regional Impact. b. On February 17. 2019, the City of Miami Doww-n ww•n Develi�pmeaat Authority ('"DDA") and Department of Economic Opportu rty entered into an Aureement Authorizing httcrini Development for the Do -ntoww'n I'vtiarni Development of Regional Impact increment III Pursuant to ectson 3$0.032, Florida Statutes ("Agreement"). which authorized commence aent of interim development pursuant to this Increment III in advance of issuanc , of this final Development Order. Such a ' clew-elopment under Increment III and rrsuant to this Development Order has 7 � conim need. It is understood that any w elopment that has commenced under this lnerement fit was required to pny al crodits applicable to the development of the c° Project as it it was to be leve lied under Increaaaent I1 of the Downtown f <` Dc w elupinLnt of Rair�ra<al ln7pc t sand all applicable ordinances and statutory r€:clairsrncnt4. Ftrrtlaer,said ewcic}prilent was obligated and recognizes,that Increment 1I1, when autho zc=cl as provided by IawL may contain different w. coefficients or othor caalcul- on methodology that could cause fees for credits under Increment III to be sub antiall•v chan��ed frcrcn those of Increment 11. Any dQveloprnent that coil eneed prior- to the adoption of Increment III is also obliRpted to pay any dditional fees applicably: to the development of the project pursuattt t0 Inc retne t III within thirtw- (30) day's ot'the filial approval and (:xpiration of all appeal peric .6 for the appro� al cif the Increinctit III development order and, in all evetaty, p or to the issuance of a certsficate of use and, or occupancy for devOopment `away. pr'ect that docs not qualify for Increment 11 credits. 4. Nfonitor the cap ity of Total Allowable Dc:vcloprnent by reserving the amount of Development C €lits necessary for Net New Development at a time, to be determined by the City, prior o or coincident with approval of a building peranit or other appropriate City approvals, i' e City shall place reasonable tithe limits on all building permits to assure that constructs n progresses within a reasonable period or time after approval to prevent stockpil' <o of reservations tear Development Credits. The time period established by the City sl ,1l take into account the size: of the proposed Net Nc%;v Development in relationship to Ch, time necessary to begin construction. 9.ac buildout date, for authorizing dLwelopment throu��h the: issuance of'building and other pc:rrnits. shall be September 1, 2025. Septeanber 1, ?()?3 is hereby estalalished as the c, ation tertnination elate for the development order. Upon the occurrence of the 2 THIS ri=—..—OCUMENT. ITUTION TO ORIG SUB� CAN BE Exhibit A SEE expiration,tettnination data, the City of N-liami Downtown Development of Ret- al Impact Master and all incremental development orders shalt be expired, tertl�inated d of no further force and effect. The buildout and expiration. termination dates tnay my be rnoditic:d in accordance: «ith Section 380.06(19), F.S. 6. Establish September 1. 2025 as the date until which the City agrees that tl Downtown Nliatni Increment III Development ol'Regional Impact shall not be subject a do vnzoning unit density redttctiotn. or itlterasity reduction. unless the City earl elnolastrate that substantial chum=es in the: conditions underlying the approval of the evelopment order have occurred. or that the development c�rLlet was based on stt stantially inaccurate information provided by the Applicant, or that the change is clear essential to the public health. safety or welfare. 7. The City Marna-er. b,, and through his.her desi4mnees, i, -reby designated to monitor compliance with all eonditions and the enfbrcernent ofth' Development Order and shall have, the duty and aUth0I-Itv tel interpret the provisions ' this Development Order and to promulL-atc rulings. reLlulatiu«s, and procedures nee sary to implement it. provided the sa9tie are not inconsistent with the terms hereof or o ' -.S. 380.06, or duly promulgated and w1opted rules there under. Appeals to decisions o ' lie City Manager may be tiled pursuant to procedures set forth in the City of M1amt C, le and land development regulations. as b : anlelidc:cl. Any noncompliance shall be SL; to the previsions of Condition 8 herein. : -4 Cite sh,111 not G i4;l.Itc any of the con ttions of this Development Order or otherwise =' { tl to act SUbSt,1116111, to compltalhe 11' h this Development Order Lir �7er7ltt any property owp r within the boundaries covere by this Development Order to violate 'Any of tine xo rovisions of this Dc% cic�pntent Or 't'. 111 the event any entity controlled by the Applicant and or tlic City or any permittee . r landowner of any Parcel of Land violates (hereinafter "violator") the provisions of th'. Development Order, the: City shall stay the effectiveaess of this Dei elupmcnt Order a. to the parcel or tract of land in which the: violative activity or coandtlet has OCCI-irrcd ,and ivitllhold futlher pernnits. approvals. and services for dcti clopme'rtt in said Pare of Land upon passage of any appropriate resolution by the City, adopted in accordant: with this section, tmmiIrt Y that Stich violation has occurred, The iolator %%itl be ,i%c ti,vrittLn notice; by the: City that states: l � the nature of the putputted violation. and ? 1 tl t unless the � iokition is Cured within thirty (30) days of said notice:, the City will hold a ublic hearino to consider the matter vvitliin sixty (60) days of the date of said Notice.. In )e event the violation is not curable in thirty (30) days. the violator's diligent t god faith e' arts, as cletcrminect by the; City, tea cures the violation «ithin that period will obviate til need to held a public hearing and this Developme<rtt Order will renlairl in Lill force al effect Lidless the: violator does not diligently pursue the curative taction to cornpl tion within a reasonable time;, in which e%ent the City t=ive fifteen (15) bays' noti e to the violator of its intention to stay the effectiveness of this Dei 'eloptnent Order at . withhold farther permits. approvals, and services to the Parcel of Land in which the tolation has occurred and until the: violation is cured. The; terns of this paragraph may be modified from tunes to time by written ageeinent 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. J THIS TIT TION TO ORI SUBSTITUTED. L AN BE Exhibit A SEE OCUMENT. 9 The City, along.; «with the DDA. shall integrate all original and supplemental DA information into a Consolidated Application tttr Development Approval (CADj orad subtllit two copies of the CAD. to the C"itttniil. one cnp� to the Cl'ty- C:'Ie:rl4. on copy to the Florida Departmentof Transportation, and one copy to the F=lorida De f/hIment of Econornic Opportunity WEO) within thirty- (30) days of the effective ate of this Development Order. Tile CADA shall be prepared as Hollows: Et. NVI-tere new. clarified. or rQ ised information vvas prepared stibem to submittal of the ADA brit prior to issuance of this Development Ord� qucr wiether in response to a formal statement of information needed orothenvisc, t e original pages ofthe ADA will be repltaced xidi revised pages. b. Rei ised pages � ill have a "Page lumber (R),- Date" r tation. ti`-ith "Page; Number" being the number cif the ori="inal pay e. "(R)„ indi�� ng that the pa�ae; was revised. aaad "Date" statim-, the date of the revisi011. Thtc CADA is Incorporated herein by re,fere cc and ~mill be relied upon by the parties in discharging their statutory dutie under F.S. 330.06 (201 0), and local Ordinances. Substantial compliance ;,,•ith le famial representations contains in the CADA i; a condition for approval tlc ss, tsar `�c�c7d cause, waived or ill+acditiecl by a,rcemcnt amottwo, the Council. Cit . and DDA, their successors. and or assi�wns. All terms. prs poc als. sug.;c�stions ttd procedures proposed in the ADA, but not ,;Pecitic 111\ inct�t`l c�ratecl in this eVeloptllent Order, shall not be considered a part of tho CADA iniof.tr as thLy i ay have been deemed to place; arecitiirement on the City of Miami to take tanv t tion or abstain from taking, any action. The terms of tl;is Dc.vefk}pntertt C7t°cler .lt,tll control and anyt'clttirenacnts to. the City are spcertically enum rated ercitl. 10• C its of %harli shall prepare an Annu,,il Report sand submit copies to the Coun� il. the City Clerk ,,trail Florida Dcp.,rti on of Economic Opportunity State Land Planning; Agency on or he tf}rL eae h anuli i er any date a t' this Development Order. The Annual Report l'isr Uca�� nto�� n .Lliatni In ° c "Ill:, It 111 illlljt alsc3 he itacarp��ratd into the Annual Reiar,rt required in the Downtoi�n tailli Master Development Order so that a single Manual Repos is cclia�piled fir the c tiri 1'rojcct. The Annual Report -,Mall include, at a rnirtiiTtum: a. A con lets: response to each question in Exhibit "13" (Forth .annual Report Cues tonnaire). b./1,Letatitication and description of any known ch�ailM�es in the, plan of development, or the representations contained in the CADA, or in the phasing for the reporting ar and For the nett year. A seta Mary comparison of Total Allot able Development and Net New Developma nt proposed and actually approved during the year. including locations, acreage, square footage:, number of units, and other unit-, of land uses included «•ithin Total Allowable Development. and the acreage zonedand developed as City parks within the boundaries of the Dowritowii DRI. 4 THIS TITUTION TO ORI SUBSTITUTED. L C N BE Exhibit A SEE O MENT. d, An assessment of the applicant's compliance -with the conditions of aper(al contained in this Develop€nc tit Order and the commitments which are contai€ d in the AICA and kvhich ha%e been identified by the City. the Council. r the Department of .Economic Opportunity (DEO) as beim, tl e, Specification of any amended DSII applications for development approval or requests for a substantial deviation determination that were filed the reporting year. f, An indication of change. if any, in City jc€risdiLtion for arty pzrrtion of the development since issuance: of this Development Order. �. htatcinc€1t that all a.�ertcics have bye€a sent copies of the rXllnllal l�cport in conformance with F,S. )80. X6(18). h. A copy of any recorded notice of the adoption o ' this Development Order or any subscclUctIt Modification that was recorded the Applicant pursuant to F.S, i. Ani offi r information reasoriah1v reLlt€ire by Statc Land Pkmnin!x A -enc, and the Council, ill accordance with F.s, 3so.0 j. of the a€11ouM Of cls elopment approved in each land use categor-v contained in the Deve'lopnlctltIfthe ro"'ram and the a€n()u€lt of the Dovelopn� ent pro'-n'aa11 a"tuallti c.1QN-elopod as end of each }tear. k. statet�tc€�t tlta; bufticicnt apacities of public facilities and services are available to sc rye the remaining do e(ctipment etre available or planned and a 5tatettet€7 of the conditio€t cif archeolo�1' al reS(Wrces. Provicie information a. , provided in Condition 23. M. All assLswment 1F the Applicant's and the City's compliance with all conditions contained in e Increment III D�:,vclop€Hent Order. Ii. Fla,gyton Island Gardens, LLC shall be responsible for providing the required Annual teport to City', Cottticil and DEO For (lie Watson Island Property. :m 11. Assure 4 €-ad require that any fill material utilized within any construction sits within the /DD1Area, i�hc;ther from onsite cxcavation activities or Front offsite sources. €meets the ails criteria of the I=lorida Department of Enviro€ me€ztal Protection (FDEP) and the Dacia Dc ptrtn7ent of l e��ulatc-ry� and. Economic Resources (ltElf) Division of nmental RCSL)urces Mama c rzxtmt.(DE�.�, as applicable and as may be amended me to time. .t 5 THI SUBSTITUTED. TITUTION TO ORI AL AN BE Exhibit A SE xC f f FiE E�ip-�F "t D CUMENT. 12. Enforce ths» requirements of the i4liarni-Dade County Shoreline Development R ieti„- Ordinance No. 85-14 (codified as article 1I1. Chapter 33D of the Miami -Dads ounty, Codc) for all qualifying developi-nents within the Shoreline Development bound/ y. 1 a. Continue its efforts to address the potential impacts of sea 1 VC r” e upon the Doo nto� ,k n. City ofMi, and Lliarnl Dade County, by reasonably addressing the findings of the City of Miami Sea Level Riser Committee establ� lied pLIMialit to City Resolution R-15-007? (aclopted on February ?5, ?015) and ny subsequent sea lQvel rise c:or�runittees and �rnups as established frons time; to me, €ind through the implementation of the following and subsequent City f Miami ordinances, Comprehensive e Nei�oliborhood. Plan objectives turd polic' ss. and City resolutions: 1) Ordinance 13550 (dated September 10. 015) Comprehensive Plan Amendment 21 Comprehensive Neighborhood Plan Ob' Ltive LU -1.8. Comprehensive Nei;orhood Plan Policy LU- 1.4.1. 4) Con preliensive ;neighborhood Van Policy LU -1.4?. 5) Comprclierisive Neighborho/d flan Policy LL.' -1.8.3 b } C'oiiil-reiletisi� e Nei`rhbkAood Plan Policy L.L_'- I.S.4. 7) Ccaa pne—hensive NeiL Aorhood I'lari Policy LL; -1.8.5. 8) Comprelts:risive Yei�,Iihorhood flan Policy CNA- 1.4,1. e�) ComprehmsVe tici-diborhogid flan Policy Cl- 1.2.6 10) Comprehyfisive Neighborhood flan Policy' lC- I.1.910 1 1) City 1yesolution R-14-0 20 (elated October 213. 2014), .l..he f nd kgs of the Southeast Florida Regional Climate Change Compact shall be takernto consideration, as reasonable and appropriate, in future decisions r -f it 1,aa the; ds:si�zn, locatioii, and development of infrastructure; aild public: f" c' ities in the City and to i•r-rcet or exceed adopted Level of Service: (I..OS) S andards, b. Cooperate and coordinate efforts with the Miami Lade County Office of Resilience in planning fcrr and addrossin<g, as is reasonable and appropriate. the coordination of activities contemplated by the Sea Level Rise: Task Force as formed through Miami -lades County Resolution R -5W-13, adopted. on July, ?, 2013 as amended by Resolution R-7-1-1-13 collo ins.; Miami Dade Corinty ordinances and resolutions: I) R-4 i I - 14 (dated May 6, 2014). 6 THI SUBSTITUTE©, TITUT N TO Exhibit A ORI L C BE SEE b0 UMENT. `?) Ordinance No. 14-79 (dated September 3. 014). 3) R-44-1; (dated January 21, 2015). 4) R-45-15 (dated January ? 1. 2015). 5) R-46-1 j (dated January ? 1. 2015 ). 6) R-47-15 (dated January ? 1, 2015). 7) R-48-15 (dated JatlUary -1, 2015) (This resolut' n pertains to Flood Damage RedLIC6011). } R-49-15 (dated January 21, 2015). 9) R-903-15 (dated October 6, 2015). 10) R-60-16 (dated January 20, 2016). C, As part of the pencling E alUaticnn d Appraisal of its Comprehensive �ei`�hbej he�e�cl I'lart. tlae Citi shall. c nn ie r establishing an Adaptation Aetioa.-area e� itllin the l�ntFiadacies of tla Doge tat[} -nDRI and adopting additional policies ee ithin the Coastal 1,1�anagcment F: C-ment and City Code changes to improve rcbflfclace W c0asta! 1100dill" rCSL tine 171.0111 hii=1a-tide CVeilts, stOI.111 sUr`we, gash tle,�acl,. stearnauatcr rurtt4lf: and r ated itraptte;ts of se's-le�'el rise. 14, a. E�.t �d ttloean the tran,t imp tots tlire� t1� relate cl tL� and cnerat e.l ley the Total Allowab] 1 Q� elm fi,:nt fc}r Increment Ill: 1) f'ay , contr t of i7t[i�rt� itis c otaaraait tee and p ty or e ause the }isty taactat of �a total of �f�.(it 12016 dollars) to Miami D:tLfu ClLMP, to ba e\pLndecl oil et�nl� r all of dw following transit projQ� is as shown e to the Transit [�aal� t o€agent Chart provided gas Exhibit "C"' (-`Transit Ce inmitnwnt"). as to c�t� s: 1. Go%ernment Center Station Upgmcle ?. Eli toric Ovet�own Lyric Theatre Station L'p-rade 7. E3rickell Me;trovail %letrt7ta over Station Up[ rttell �ic 4. Downtimn Intermodal Bu.,., Terminal r.o . 5. Bus-0rtk Lanes in Downtown 'Miami THIP=L_,1DO9MENT. TITUTI N TO ORI SUBSTIAL BE Exhibit A SE Alternate\e projects n7ay be added or substituted to this list, Subject totla Ligret'rtaent of the Cite and Miami Dade Ctntnty. The Cite shall collet . ae Transit Commitryient proportionally from de\ eloprylent withi the DDRI boundaries and pati•, contract Lir otherwise commit or casts to pay to Miami Dadc COLMI',', S1,98LQ`,.;7 within sixty (60) days rom the dots° of•issuatice of buildill;1 rtcnllits thin \\°ould t°tsult in the col trLI tiolt of more th,ut tllirty-tllre: (?;) pCNCIlt of the Total All')" able o\clol7naent, an additional S I ,()� 1.923,5? within sixty ( 00) dav!s fr 11 the date of issuance of building permits that would result in the con-truction of more than sixty-six ( GG) percent of the Total Allowable D -elopment, and an additional S2.041,981.86 within sixt\ 00) clays froi the date of 'Issuance Of the buildim, Permits that would result ill the co struction of lncire: than o €1 o h U nd red ( 1.00) percent of the `1 otal 'Allo able Development. Ally payment of fees to the CijulatV in satisfactio of this condition shall be reported to the Council within one ( I) year c the receipt of such payn-Lent by the County. (it, otjlertt:ke colli_ `g I 1 <It 0 11) Bill, dell tri) to tS1'.11_F 1, tCi hit' oxp tl�c I'€-i_1?:€:l Ck�l'€€tTtitllaeilt" l ti' i :`.sse,tl Aaoncv :�sFll4i :'t.'.No, R -ICS -0218 cX. r:iia�,', t lilt€nit this condition sh. rc'Ce.lt?t of yLlCh l) C' t t7 ' C7 El b be re -pork vnient by the 3 7A 01- CaUge the �la\7i%�_ nt of a total of Vuth Florida Rt'_LltonnI Transnoilatlon mmil■wly tccnrclgi)ce with (lie l ir.t Anaotuinicnt to 'mProvccclyul-,uLtnt to Cit\.--.3otW_M, ,Lmll %, 1-1 ?c11 C;�The _C -its shall colloet the itract or _otlwnv1�4 ct MMI't or CZIUSc to L)g% ed In the I Ir,;i Anit'ndment to the Interl€ cnI 'il wi of the b. £3asod upon the rc dway impacts getaeratod by 'Total Allowable i evclopmc'nt tier Incrett7Knt l[[. y or contract to pay S374,206.03(proportionate share in 2016 dollars). to be xr.mi led tin transportation improvements, including but not limited to pedestria tines alternative transportation mode improvements within the DDRI study are, . and the turn lanes described ill condition 1-f.c, below, at the: City's discreti n. The applicant shall pray or contract to pay S I 2 ), 138.01 within sixty ( om ays frons the. date of issuance: of budding permits that would result in the of . true tion of more than percent of the otrllIlu\\°able D vc lcipmc Ltt, an a clitional S 1'3,488.01 \\ itlaita i vt \ { (�ti} days from the date of issutincc of )uildimy permits that would result in the co€lstruction of more than bb percent of the Total Allowable Development. and ail additional S127,230.01 within sixty { 00) days From the data of issualwe of buildim� permits that would result in the construction of more than 100 percent ofthe Total Alla\\able De'velopnaet7t, C. Prior to the issuance of the first certificate of` occupancy for the vertical cot7struction \Vithit7 conti`"Ltous properties, where feasible, construct or cause the conitruc;6011 alfa northbound right -turn it the itltersection of NE ? Ar etaut; at NE 8 TRIS SUBSTITUTED. IT TION TO Exhibit A ORIG AN BE SEE r_r OCUMENT. 15 Street, provided adequate right of way can be made m ailable, and a noyhbqund riolit-turn at the intersection of NE ? Avent.ie at NE 18 Street. provided ratc riwwltt of way can be made available, 15. Impleirrertt 'I'ran5portation Demand ",lana-ement (TDM) strateuies and coon 'nate with the Miami Dads County Departntent of Transportation and Prtblic Works lid other local a-encies and authorities suCh as the Miami Parking Authority, to eneou aoe:, explore and expand transit and convnuter Options within the DDM Boundaries. ii luding trolley and altemative commuter options. including: 16 18 19 t�. a. Transit and traffic educcItional programs ob/Oravel rth Florida Corninuter Seri ices, h• Prefc:rcnti al parking and treattmunts fits' carpl participants: C, Provide documentartion promotingy the spreaemands for tra vel offpeak periods, such lis sta--red kvork hours.pressed ),vork hours, tel,:CoIII III utin+M: Promote alternative forms of transpc7ttar orr such as car -share and hikc-share programs: and cl. Othcr trau <rort.rti:7rr initi€1,.ves ars -, reed upon by the City and DDA COtrtinUe tai Cc}orcl •flag �c itla tilt, % iii -Dade County Water and Set ier Department (kVASD) to upgrade the ,/DDR1 d er infrastruCture itlrirl the DDR1 Area. C(slltinLte to C001-dinatc, withs Police Department to ensure adequate provision of police ser\ ices �1 ithin DDies. ContilwQ to -work with trc: Department to ensure the adequate provision of lure. rescue servik:es «vithindaries, at. "CheCits steal comply with the termsof the; Amended and Restated Interlocal AcfreenIcIIt r Public: School Facility Plannim-, in Xliarrti-Dade CoLinty. The City shall Aron rte, in collaboration with the School Beard, Miami D, cle County and dc�elc�p cif projects %Within the boundaries of the DDRL as is practical, tile. ti�lfo��' .r1Wa b { l) assess existing schools for capacity and curriCular expansion and atn-ipl i hcation, ( 3 provide information to developers about possible incorporation of customized, small District -operated cdLlCatiorral l:acilities within their development. or (3) explore opportunities for pre Vision of educational facilities, in addition to those which currently exist (as referenced in (1) above). un pr.rblic land owned by the City, Miami -Dade County. School District or other public entity wl(h assets in or gear the DDRI arca. Tlie City shall establish, or, with input from the DDA, work to establish, a City of 9 TNI SUBSTITUTED. TITUTION TO Ir�chil3it �� ORI A�AN Bl= SEE OCUMENT. Miami education task force to evaluate creative educational optiand alternatives. to serve Downtown and other City residents and % orkers. ?U. Fork a ith Miami -bade County Office of Emergency Manat.„etn€:ntto coordinate etmc gnicy evacuation measures fro n Doeentoee-n and to ensure adequate s Sher Capacity for the i�ccul)WIts of planned new residential units within the: DDR1. 21. Coordinate \vith the City Parks Department to identify- opportunities t provide additional Public park space: within the Downtown. Coordhate evith develop rs of projects within the Downtown for the prodsion of recreation areas eeithin the developments (primate property) that Nvould be open and ae ailable to the public, ??. AlnQnd City of Mian -ii Ordinance; 12078 (as amnWed and c dified as Article 11, Chapter l; of me City of %hats Code of Ordinances) to assess cle: elopment for its proportionate share of he ent of improvement am! or services necess to mornWr and or mitivato any adver,s impacts of Increment [if, Said amendment ]all also have authority to assess development its proportionatc share, of th' costs ath" . Utah Ie to preparation of diQ master ,plan, the Application for Development ,�pproeal, 1d this DevelopmentC)rcler..ts well as khe future costs of revieee inFY individual deeelopt ent applications. monitoring compliance 'Qql this De;e Glopn7ent Order. and any Omer co is reasonably related to thy: administration " i7lid implement'vion of this DQ%elopment O ler, If necessary. the: City shall establish a Prttc tILIN iur rchating, cult' funds collcct in excess of those funds attributable to a Qahyglar W elopment and necessary A implemem d is Mvelopment Order or any .r "ord€t t°tcc or prowcelttrc racludcd to) rneil ' or and enforce compliance; with this Development ' rClcta and to t11c impacts of otal Allowable Dee eloptnc nt under this [i�cremer7t w., J� `A-=' ECONOMIC DEVELOPMENT 23. Utilize econotnic devcloprn it c11171ncctnC1lt resource agemcws and programs designed to ineole e small a17d 1111111-'T13ttsinesses in the development and. expansion of permanent job opportunities within t17c roject- E=xampks of such agendes and programs inChIde, but arc. not limited to, those �t7taine'cl i17 fife .11irrrtri IJcrrle° C`orrtrt7 lttte�rttct! Sz'i7 ice's 13cl7rrrtttic tat SIMI// 8!1r ine�s's DC °Ir����t nt List qJ C'er•t{'J al Fir nts and th�,� Solid? Florida .Slim// and .Vinorin, B asirress 1�4�sorrtwe f)ir•tooi-t'. The Applicant will attempt to access the range of Job shill; avail Ic in this rc�;ion atuf promote <�retter labor iE�rie enhancement. ,fit it n1l11t1n11111, th Applicata is encouraged to provide potential commercial tenants with lllfC�rin ltte)t1 al7i7ut employment it1711 ttttllttll�� agencies that Inillntam a database C?t trained. A ed workers to consider in meeting the project's employment needs. This infa�l177a •'m si7all lac atlnually updated and submitted as part oFthe Annual Status 1Zcpotr, 24/42R907 'it), shalt establish orclin,111ec 5, pru�r;7lns or clthr r t7�echal}i,n7> that require that g aeailable fur purcha c orremail byextremely love (upto 30"o area Median 111con1c:11)° very -lo, (up to 50% ofAMIJ loss (up to 80110 of AMI), moderate (tip to 120110 1), "arkfore;e (ftp to 144 a of .a NU) populations (as Stich tentns are defined in section 1. Fkwida Statutes; sections 17 1it anti ;3-lc)3.(s c7fte '�liw7mi Dade C,�ttt7ty Code;ction 13-5 of t17e Cite- of Miat 7i t; ode L7f` Ordinal7ces) bc7 call trusted or c actsecl to be THIS SUBSTITUTED. ITUT N TO Exhibit A ORJG L C BE SEE UMENT, constructed in an amount equal to no less than 2700 dwelling units or fifteen (15) pc;r. not ofthe residential tilts proposed within the DDRI Increment III within an area of a to (10) mile or a t%venty (20) minute commute sited from and within the boundaries of thi - DRI, whichever is less (Exhibit " D", Housing; Commute Shed). but in all events, ithin the jurisdiction of fire City of �liattli. Provided. ho�tever, in order to en iura�tL the development of housing for Very" -Ione', low, moderate, and �xorkforce pops ations within the boundaries ofthis DDRI, any units constructed within such boundaries tall be counted at a ratio of 1.5:1. I✓�ttits constructed in satisfaction of the Southeast (Jv rtu�� n Park West Development of Regional Impact affordable housing condition shall n be counted toward satisfvin,g this condition. All houshw units fir extremely low, very -low. low, moderate. td �,vorkforce populations Wrtstructed and c0nvcycc1 pursuant to this Condition shal limit resale; to a price; in acc0rtkllWe With the atfortkiblc or trorkioree price for ,� cant J1 period oftwcttty ('O) years. or more. by providing an appropriately enforceable szsst ante that said unit shall not be off' red. for a price iMr atkr than tltu nta.titnttnt �votkforc tousine� unit sales price a� sttclt is e:stablishM by the N iami Dad, County Departs it of Re—ulatory and EConotnie Resources at the tithe of said sale. if the/ageement c d during the initial twenty year control period, a nese ttrvcnty vear period fi)r ar workforce housing will apply° to the new owners. Said bindki- and enforccement stay be, but is trot limited to, a DGSclopmem Agrecment. Land Use R.� greement, Declaration of Restrictive Covenants, or, if a Communin, l.anctitia a Memorandum of Ground Lease., rfecord-zd its the public rc;cords cif �li,stniunty. All rental housimi kiOr e.xtremtly lot N t'et'�-10 , l0W. n-tOLICrate, and Lxorkforce populations Provided ill yatiSfaction ok'this co ition, shall be maintained by the owner as affordable frrr low. rnoderatc, and or kc orkf ce incomes for a period of m enty (20) years. If the units -'h are said (Wrist., ths< initial td my year period, a new twenty year period xi ll aiply. p' y"' p" f i „ . fit lieu cif actually pro idit raid h��u,SdMU units For extremely lom,, eery -low, last', moderate, lta e�orkforc e pc�pt.tl" ie�tty, its r� ltctl4 or in part, fisc City may" establish act aff.b able workforce ousiit�.� trust fund to be used to fund construction of car access to a:t't6rdablc or �,vork ' rCC units and autht-vize a payment in lien of Wtually providing the � �ioi in,, unit; fcir 'ery�-low. low, moderate, and workforce populatiorty. The paytttetn itl Lieu shall be bit' d on a reasonable: fOrtt"tula for the purch.tse s:onstruction each unit. -17tc Apl�lic tt will work with South Florida RCS, i10 sal Council staff to explore creative aft't,rd;ilzI ��urkforce housing" sc�IutiOni (ineludinwu, micro -units, co -living, reduced parkingreclttire mi.r•ed-ittcorne housing and -rent to buy„ programs, the rehabilitation of exist; hc)usitte, units) and to ensure a balanced distribution of housinw. based on income leti, s. 25, tth!iold the issuance of any builclin`4 pc�rrnits (including phase permits) that would not ensure the preservation oC historic and archeological resources that have been i1ormally designated as historic by the City of ),Iiatni, pursuant to Section 23-4 of the Citi of Miami Code of Ordinances, Continue to explore the designation of additional qualified sites Within the: bczundaries ofthe DDRI. THI SUBSTITUTED. iOCUMENT. UTION TO Exhibit A OR CAN BE SE MISCELLANEOUS 26. The effec;tiye date of this Development Order shall be forty --five (45) days froireceipt of" its transmittal to the Department of Economic Opportunity. South Florida Regional Cotuieil, and City, provided, however.. that if this Development Order i- appealed, the effective date will not start until the: day after all appeals have been witlid man or resolved pursuant to F.S. 330.07. 27. Within thirty (30) clays of the effective date of this Developmei Order. a notice of adoption L)f tl'iis dc%'clopment order it shall be recorded % ith the Cl k. Dade County Circuit Court. pursuant to Section )80.06(15) E.S. The notice shall in tack a le -gal deascril�tion of the: prope=rty covered by this D,, velopment Order (Exhibit "E` ) and shall state which unit of local irovernrnent adoptcd the development order, the ate of adoption, the date of adoption of any amendments to the. de=velopme=nt order. ae locution where the adopted order with ani,' ariwridmetits may he cxamin d. and that ie development order constitutes a land development regulation applicable to the prope ° y The recording of this notice shall riot constittite a lien, iloutl, ar encui�lbrancc ora r l Property, or actual or constructive notice oCany such lien, cloud, or encumbrance, 28. The: exisLnice; of thiz, DQvelopmcnt Order shO not act to limit or proscribe the ri,,hts of 311%'11c rscva tinder Section 380.00 F.S. to filejeii ADA and obtain an individual cley'elopnaent Ordee fior prolatrtb W%C!"d by this Devel Ime:nt Ordicr. notyyithstandin�.I the existence of thi, Devdopmitnt Orden, lit the e � cn thea such an Individual ic(ua1 der elopinent order is al-)p€•ctEdt? and becomes cll�ctiye,e individual development order shall control i(ci-elopment of the property eo\-cr- by the individual de��4lopment order and the terrns acid conditions of this Developm t Ordar shall no Ic�mA r he binding upon the property'. Any st;c:ll individual de%'Qlopn nt orders shall, by their terms be consistent with the objeetivcs and conditions, of tl s Dc,.—elopme.nt Order. 29. This Do: elopnlcrtt Oi`dcr :'hall not repeal, nor amend iii ane' way, any other currently ciTLctive deyeloprnent o der or building permit within the sub'jeet area pt°cdiotasly' issued bop ? pursuant to Section 380.06 F�,S. Thii Devdopme,nt Order shall not create ner tauthori- the creation or imposition of' any additional requiretlte:nts or restrictions, w ith r spe'ct to am prese=nt or f ituredevclopment under any currently effective Development O • �:r or building permit i- sued prior hereto. Notwithstanding this paragraph, the City shall mtinue to hay t s� l�tttcy et` authority pursuant to law it may Hou' have or may acquire: its tl future (other than by virwu ,- of this Dey elopirient Order) 30. t'his De elopment Order shall not eretatc nor impose any additional requirements or -b ° '" S4jc °oras upon the City' ys'ith respect to its powers to enact impact fee: or assessment ord tnces on development, includin,- Net New Development under this Development Or e r and future development of the t iCv. a ; such impact fees or assessine nts patsy be :" ttltt�ri.0 by law, 31: fn`l i ev t that a Substantial deviation is de?tzmiffled under the; tenns of this Development order r e c tion 3 C).ti 7 r .5., the City shall retain its ability to i 5uc building; pe itrtit5 and 12 T ����-- BS7 TUTION TO O SUBSTITUTED. IN CAN BE Exhibit f S I DOCUMENT. shall 0011 irtue to do SO unabated. subject to the terms and conditions of this DeiYp 111ent Order. 3?. In the event that this 1L7esel«pir�ent Order is suhjeck to liti;.atic�n wherein an njut ctic3n is issued staying the enforcement of this Development Order, the City shall e' ter. under this Development Order or under the po-ti c;rs granted it by state lacy, be. pert tted to continue to issue building pernilts and Certificaiws of Occupancy until such time s a final resoiutioji of the litiw,atio � occurs. unless the court expressly prohibits such acti 1. 13 ON TO J BE MENT. OIC TO JBE MENT. TO VT 17 TO IT 0 TO INT. I C3 Exhibit A SUBSTITUTE® Increment III Development Order Conditions CITY OF MIAMI SHALL: INFORMATION, PROGRAM AND GENERAL CONDITIONS re all development pursuant to this Development Order to be in accordance with the of Miami Comprehensive Neighborhood Plan, applicable land development dons, ordinances, building codes, and other laws. The deaNe for commencing any development under this Increment III shall be three (3) years from Xe effective date of this Development Order. Total AllowablNDevelopment under this Development Order shall be limited to: DEVELOPMENT PROGRAM *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 Dei defined in section 14-122 of the City Code, the City shall make deductions from the amount of Total Allowable Development as this Inc Ment I Increment II Increment III Land Uses Buil ut- Buildout- Buildout- Totals Mav 28.1003 September 28, 2019 September 1, 2025 Office (includes 3,681,N0 1,220,000 2,500,000 7,401,890 Government) (gross square feet Government Office 300,000 0 Government 300,000 (gross square feet) Offices are included in General Office Category Retail/Service 1,453,500 747,774 758,000 2,959,274 (gross square feet) Hotel 4,500 \,605 2,000 8,105 rooms Residential 10,550 6,7 18,000 35,300 (dwelling units) Convention 500,000 300,000 0 800,000 (gross square feet) Wholesale/Industrial 1,050,000 550,000 250,000 1,850,000 (gross square feet) Institutional 200,000 350,000 150,000 700,000 gross square feet) Attractions/Recreation 30,500 59,000 2,000 91,500 (seats) Marine Facilities 1 100,000 1 50 wet slips* I 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 Dei defined in section 14-122 of the City Code, the City shall make deductions from the amount of Total Allowable Development as this Exhibit A SUBSTITUTED 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 IT of the Downtown Development of k�egional Impact. b. On\ne uary 17, 2015, the City of Miami Downtown Development Authority ("D) and Department of Economic Opportunity entered into an Agreement Auing Interim Development for the Downtown Miami Development of Repact Increment III Pursuant to Section 380.032, Florida Statutes ("An e "), which authorized commencement of interim development pursuant to crem t III in advance of issuance of this final Development Order. Such deent ui er Increment III and pursuant to this Development Order has coced. It is derstood that any development that has commenced under this Inct III was re uired to pay all credits applicable to the development of the Proas if it was be developed under Increment II of the Downtown Dement of Regio 1 Impact and all applicable ordinances and statutory reqents. Further, s 'd development was obligated and recognizes that Inct III, when autho ed as provided by law, may contain different coefficients or other calculation ethodology that could cause fees for credits under Increment III to be substantial/ changed from those of Increment Il. Any development that commenced pri to the adoption of Increment III is also obligated to pay any additional fees ' plicable to the development of the project pursuant to Increment III within thirty ( days of the final approval and expiration of all appeal periods for the approval of Increment III development order and, in all events, prior to the issuance of a ce 'ificate of use and/or occupancy for development of any project that does not quah for Increment II credits. 4. Monitor the capacity of Total Allowable Developmen by reserving the amount of Development Credits necessary for Net New Development a time, to be determined by the City, prior to or coincident with approval of a building per 't or other appropriate City approvals. The City shall place reasonable time limits on all buil ' g permits to assure that construction progresses within a reasonable period of time aft approval to prevent stockpiling of. reservations for Development Credits. The time peri established by the City shall take into account the size of the proposed Net New '\ nt in relationship to the time necessary to begin construction. 5. The buildout date, for authorizing development through the issuance of builds and other permits, shall be September 1, 2025. September 1, 2025 is hereby establis d as the expiration/termination date for the development order. Upon the occurrent of the 2 Exhibit 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/tcrmination 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 b e occurred, or that the development order was based on substantially inaccurate I ation provided by the Applicant, or that the change is clearly essential to the public health, afetv or welfare. 7. The City 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 incon ' tent 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 o£ Miami Code and land development regulations, as amended. Any noncompl nee shall be subject to the provisions of Condition 8 herein. 8. The City shall not violate an -N( f the conditions of this Development Order or otherwise fail to act substantially in comp nee with this Development Order or permit any property owner within the boundaries co red by this Development Order to violate any of the provisions of this Development Or . In the event any entity controlled by the Applicant and/or the City or any permittee or l owner of any Parcel of Land violates (hereinafter "violator") the provisions of this Develo ent Order, the City shall stay the effectiveness of this Development Order as to the parte or tract of land in which the violative activity or conduct has occurred and withhold her permits, approvals, and services for development in said Parcel of Land upon passa of any appropriate resolution by the City, adopted in accordance with this section, findin that such violation has occurred. The violator will be given written notice by the City th states: 1) the nature of the purported violation, and 2) that unless the violation is cured wit in thirty (30) days of said notice, the City will hold a public hearing to consider the matter i hin sixty (60) days of the date of said notice. In the event the violation is not curable in thirt 30) days, the violator's diligent good faith efforts, as determined by the City, to cure the vi ation within that period will obviate the need to hold a public hearing and this Developme t Order will remain in full force and effect wiless the violator does not diligently purs the curative action to completion within a reasonable time, in which event the City wil ive fifteen (15) days' notice to the violator of its intention to stay the effectiveness of thi Development Order and withhold further permits, approvals, and services to the Parcel o and in which the violation has occurred and until the violation is cured. The terms of this agraph may be modified from time to time by written agreement by the DDA, the City, an outh Florida Regional Council ("Council") staff, to enable the City to enforce the t s of this Development Order to the fullest extent, while providing due process to all velopers under this Development Order. 3 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: 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.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 is incorporated herein by reference and will be relied upon by the parties in ' charging their statutory duties under F.S. 380.06 (2016), and local ordinances, bstantial compliance with the factual representations contained in the CADA is a ondition for approval unless, for good cause, waived or modified by agreement am 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 t and submit copies to the Council, the City Clerk and Florida Department of Economic o=ity/State Land Planning Agency on or before each anniversary date of this Deve ment Order. The Annual Report for Downtown Miami Increment III must also be incor orated into the Annual Report required in the Downtown Miami Master Development Or so that a single Annual Report is compiled for the entire Project. The Annual Report sha include, at a minimum: a. A complete response to each question in Exhil3\ B" (Form Annual Report Questionnaire). b. Identification and description of any known changes in th lan of development, or in the representations contained in the CADA, or in the ph in for the reporting year and for the next year. C. A summary comparison of Total Allowable Development nd Net New Development proposed and actually approved during the year, inclu ng locations, acreage, square footage, number of units, and other units o£ land u s included within Total Allowable Development, and the acreage zoned and develop as City parks within the boundaries of the Downtown DRI. 51 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. C. Specification of any amended DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year. An indication of change, if any, in City jurisdiction for any portion of the development since issuance of this Development Order, g.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 infoNation reasonably required by State Land Planning Agency and the Council, in accor\develop h F.S. 380.06. j. A comparison ofnt of development approved in each land use category contained in thement Program and the amount of the Development Program actuallyd 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. in. An assessment of the Applicant's and th\City's compliance with all conditions contained in the Increment III DeveloomenNrder. n. Flagstone Island Gardens, LLC shall be respo Bible for providing the required Annual Report to City, Council and DEO for the Watson Island Property, ENVIRONMENTAL It. Assure and require that any fill material utilized within any cons action 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 R) Division of Environmental Resources Management (DERM), as applicable and as in be amended from time to time. 61 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. 3. 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: 2) 3) 4) 5) 6) 7) 8) 9) Ordinance 13550 (dated September 10, 2015) Comprehensive Plan. Neighborhood Plan Objective LU -1.8. Neighborhood Plan Policy LU- 1.8.1. Neighborhood Plan Policy LU- 1.8.2. Neighborhood Plan Policy LU- 1.8.3. Neighborhood Plan Policy LU -1.8.4. Comprehensive N Comprehensive N Comprehensive N 10) Comprehensive Neighborhood Plan Policy LU- 1.8.5. Plan Policy CM -1.4.2. Plan Policy CI -1.2.6. Policy IC -1.1.910. 11) City Resolution R-14-0420 (dated Ntober 23, 2014). The findings of the Southeast Florida Rcgiona limate Change Compact shall be taken into consideration, as reasonable and a Dr ate, 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 Co un Office of Resilience in planning for and addressing, as is reasonable and appropri e, 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). IN Exhibit SUBSTITUTED 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). S) 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). R-49-15 (dated January 21, 2015). 9) \R-903-15 (dated October 6, 2015). 10) R--1\6-16 (dated January 20, 2016). C. As part of e pending Evaluation and Appraisal of its Comprehensive Neighborhood n, the City shall consider establishing an Adaptation Action Area within the bound 'es of the Downtown DRI and adopting additional policies within the Coastal anagement Element and City Code changes to improve resilience to coastal oding resulting from high -tide events, storm surge, flash floods, stormwater r uio and related impacts of sea -level rise. INFRASTRUCTURE AND SERVICES 14. a. Based upon the transit impacts dir ctly related to and generated by the Total Allowable Development for Increme t 1.11, pay, contract or otherwise commit to and pay or cause the payment of a totaNsof $6,005,829 (2016 dollars) to Miami Dade Comity, to be expended on sonic o 11 of the following transit projects as shown on the Transit Jmprovernent Chart rovided as Exhibit "C" ("Transit Commitment"), as follows: 1) Government Center Station Upgrade 2) historic Overtown/i.,y.ric Theatre Station \1ist, 3) Brick.ell ]04etrorail/lVletromover Station U 4) Downtown Intermodal Bus Terminal 5) Bus -Only Lanes in Downtown 1Vlianaii Alternative projects may be added or substitutto the agreement of the City and Miami Dade County. Th�ransit 7 Exhibit SUBSTITUTE® 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 o n e h u n d r e d (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 b. Base upon the roadway impacts generated by Total Allowable Development for Inerem 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 pedestri 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 tli date of issuance of building permits that would result in the construction ofmo 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 wo d result in the construction of more than 66 percent of the Total Allowable Deve meat, 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 fiAcertificate of occupancy for the vertical construction within contiguous prope Nes, 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 Nblic Works and other local agencies and authorities such as the Miami Parking AuthoritNto 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 ts; C. Provide documentation promoting the spreading of travel demands for tr el off Exhibit 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. ntinue to coordinate with the Miami -Dade County Water and Sewer Department (NASD) 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 policesq-vices 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 all comply with the terms of the Amended and Restated Interlocal Agreement 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 scho is for capacity and curricular expansion and amplification, (2) provide information t developers about possible incorporation of customized, small District -operated e 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 Co-unty, Seboo District or other public entity with assets in or near the DDRI area. b. The City shall establish, or, with inputm the DDA, work to establish, a City of Miami education task force to evalu e 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 ei sure adequate shelter capacity for the occupants of planned new residential units within the DRI. 21. Coordinate with the City Parks Department to identify opportuni 'es to provide additional public park space within the Downtown. Coordinate with develo 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 11, 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 mi ' ate any adverse impacts of Increment III. Said amendment shall also have authority t assess 9 Exhibit 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 fixture 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 fiends 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 IRrder and to mitigate the impacts of Total Allowable Development under this Increment E C ONOMIC\DE V EL OPMENT 23. Utilize cc omic development enhancement resource agencies and programs designed to involve sma and minority businesses in the development and expansion of permanent job opportunities\ource he project. Examples of such agencies and programs include, but are not limited tocontained in the Miami Dade County Internal Services Department Small Businelopment List of Certified Firms and the South Florida Small and Minority Busiource Directory. The Applicant will attempt to access the range of job skills avain e region and promote greater labor force enhancement. At a minimum, thcan s encouraged to provide potential commercial tenants with information mplo ent and training agencies that maintain a database of trained/skilledrs to c sider in meeting the project's employment needs. This information snnually u ated 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 AMS, ow (up to 80% of AMI), moderate (up to 120% of AMI), workforce (up to 140% of AMI)pulations (as such terms are defined in section 420.9071, Florida Statutes; sections 17-131 a33-193.6 of the Miami Dade County Code; and section 13-5 of the City of Miami Code of rdmances) be constructed or caused to be constructed in an amount equal to no less than 2\0 dwelling units or fifteen (15) percent of the residential units proposed within the DDRI h, rement III within an area of a ten (10) mile or a twenty (20) minute commute shed from an ithin the botuidaries 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 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 workrce 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\orwo derate, and/or workforce incomes for a period of twenty (20) years. If the units arering the initial twenty year period, a new twenty year period will apply. In lally providing said housing units for extremely low, very -low, low, moderate, ando e populations, in whole or in part, the City may establish an affor once housing trust fund to be used to fund construction of or access to affr wo orce units and authorize a payment in lieu of actually providing the hots for -low, low, moderate, and workforce populations. The payment in liebased on reasonable formula for the purchase/construction each unit. The Applicant will work with South Florida Regional Council staff to explore creative affordable/workforce housillksolutions (including, micro -units, co -living, reduced parking requirements, mixed -income i ousing 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 rchcological 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 DDR.T. 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\havee South Florida Regional Council, and City; provided, however, that if this Devt Order is appealed, the effective date will not start until the day after all appeals n withdrawn or resolved pursuant to F.S. 380.07. 27. Within thirty (30) days of the effective date of this DevelopmeOrdcr, a notice of. adoption of this development order it shall be recorded with the Clerk, ade County Circuit Court, pursuant to Section 380.06(15) F.S. The notice shall include a 1 a1 description of the property covered by this Development Order (Exhibit "E") and shall ate which unit of local government adopted the development order, the date of adoptio the date of adoption of any amendments to the development order, the location where e adopted order with any amendments may be examined, and that the development order c stitutes 11 Exhibit SUBSTITUTE 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. 8. 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 ment Order shall not repeal, nor amend in any way, any other currently effective dove ment order or building permit within the subject area previously issued by the City Com ission pursuant to Section 380.06 F.S. This Development Order shall not create nor author e the creation or imposition of any additional requirements or restrictions, with resp ct to any present or future development under any currently effective Development Order or iilding permit issued prior hereto. Notwithstanding this paragraph, the City shall continue toe whatever authority pursuant to law it may now have or may acquire in the future (other 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 ect 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\ttl d under the terms of this Development Order or Section 380.06 F.S., the City shalls ability to issue building permits and shall continue to do so unabated, subject to s and conditions ofthis 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 action. 12 .ql 1RgTIT1 1Ti=® DOWN'T'OWN MIAMI DRI INCREMENT III UPDATE LAND USE EXCHANGE RATES Notes: i'3Exchange 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. (2) Example: The exchange rate from office to residential is 1,000 square t (1 KSF) of office for every 3.5544 residential dwelling units (DU). n X i3' I -- rt OFFICE RETAIL HOTEL RESIDENTIAL INSTITUTIONAL ATTR") ON INDUSTRIAL T0: (KSF) (KSF) (ROOM) (DU) (KSF) AT) (KSF) P.M. Peak External FROM: 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 ICS 7..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. 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")"0"0.3977 INDUSTRIAL (KSF) 0.0938 0.1443 0.0569 Z918 0.5128 0.0693 2.5147 1.0000 Notes: i'3Exchange 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. (2) Example: The exchange rate from office to residential is 1,000 square t (1 KSF) of office for every 3.5544 residential dwelling units (DU). n X i3' I -- rt -qI IRCTITI ITS® SUBSTITUTED EXHIBIT B FORM DEO-BCP-BIENNIAL REPORT -1 Rule 73C-40.010, FAC. Effective 6-01-03 (Renumbered 10-01-11) STATE OXEN DEPARTNOMIC OPPORTUNITY DIVISIONNITY PLANNING & DEVELOPMENT The CaldMSC 160 107 EasteetTallahas2399 DEVELOAMENT OF REGIONAL IMPACT UAL REPORT Subsection 380.06(18), Florida Statutes, (F.S. places the responsibility on the developer of an approved development of regional impact (DRI)\appl itting an annual report to the local government, the regional planning agency, the Dt of Economic Opportunity, and to all affected permit agencies, on the date specified ielopment order. The failure of a developer to submit the report on the date specified ielopment order may result in the temporary suspension of the development order a overnment until the biennial report is submitted to the review agencies. This requippl s to all developments of regional impact which have been approved since Augu0. If u have any questions about this required report, call the DRI Planner at (85075 or th outh Florida Regional Council at (954) 985-4416. Send the original completed annual report to the designated local governent official stated in the development order with one copy to each of the following: 43 a) South Florida Regional Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 (954) 985-4416 All affected permitting agencies; c) \Division of Community Development au of Comprehensive Planning 107 ENst Madison Caldwell ilding, MSC 160 Tallahassee, rids 32399 d) District VI Office of P ening 602 South Miami Avenu Miami, Florida, 33130 44 SUBSTITUTED ANNUAL STATUS REPORT porting Period: to Development: Location: City Developer Name: Address: Month/Day/Year Month/Day/Year Name of DRI Company Nam Street Location City, State, zip County SUBSTITUTE® L 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 W, 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: a) Describe changes in the plan of development or phasing for the reporting year � and for the subsequent years; b) \reue ny known incremental DRI applications for development approval or ts for a substantial deviation determination that were filed in the 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. Was there been a change in Iota overnment jurisdiction for any portion of the development since the developm t order was issued? If so, hasthe annexing local government adopted a new DRI dev opment order for the project? Provide a copy of the order adopted by the annexing loc overnment. 3. Provide copies of any revised master plans, int mental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentekces, attach as Exhibit Bo 4, Provide a summary comparison of development activity propos and actually conducted for the reporting year as well as a cumulative total of dlvelcipment proposed and actually conducted to date. 45 SUBSTITUTED Example: Number of dwelling units constructed, site improvements, lots 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. Note: If a response 6. Describe any lands purch to issuance of the deveio site plan and map. Tract be more than one sentence, attach as Exhibit D. or optioned adjacent to the original DRI site subsequent %,order. Identify such land, its size, and intended use on a Note: If a response is to be more than old 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, Nvide a list specifying each development order conditions and each developer ca fitment as contained in the ADA. State how and when each condition or comm ment has been compiled with during the annual report reporting period. Note: AttachNas Exhibit G. 9, Provide any informal' 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 35Q.06(15) and (18), F.S. Person completing the questionnaire Title; Represe 48 Question 4 LAND USE TYPE Other !7onducted pment activity PROPOSED THIS BUILTTHIS PERIOD PERIOD 49 MEASURE TOTALPROPOSED TO DATE TOTAL BUILT TO DATE I MEASURE m ;IJR.I;TITI JTF❑ SUBSTITUTED EXHIBIT C Downtown Miami - Increment III - Development of Fteglonail Impact `.f a nf:.i mo.dts' - P7fx rC ams Laceltlan p arl9tl-rt CenlfaE SP_§ta 18%e�rkcaaer; A.e- uaQtscll fr . 177PW This I)Mecl aalslsts of upgrades to the existing Government Center Metrorall &felon In the form Goverrimaru Center lagan 101 NW isl 3iraat of new elevators, ascalaeers, now podasrian Mega connecling losdlacenl Bn'ghliins SII Upgrade (Inlorclty Passenger RmVTd-Raii Onwnlown Llnk (Commuler Rall), upgrades to exlahng flooring end roofing, fare Colleallon updalae, Security equipment updal%, new railing gates and auWrnehc sllcilp doorK. $14.Otr4,IlOf PAClrarali - - This project consist of upgrades tc the existing Hlstotic OvadowrvLyric Thealr6 Molwra)I $lotion ktiataric OveilmeA Lyrlo\SWIS.LA�oAvo n Ilia farm of new elaystors, escalators, upgrades to axlaling flooring, fare oolerkien, fare galea, Theatre and -a" Vanding Machines (TVM) updalas, anoxity equipment update s- This projectwllt ales remnflgum the aueywray between t)V�lown Transit Vlllags and lho Stailon to Include new stamped rnncreta as well as x shrsred uaa Pfamanou whh canopy tram NW alh Slr"I In NW Stlt 5trvet, $5,958,00 $BdA,00 Tho HrivkeH ;itatlon 3tMVea as an Intermodal slahon That provides passergerconnae0om with the ewe[ circulator (Gily of Miami TrnlI local 11xad route SM100 (Mairnhus), ragioanl flus soevim regional bus (OCT 1-585 Exprosaj as well as MalranOver and Malrorail, The slauon area Is a MaburaEl 6dcke11 Station !near aIle That spansbetween SW 001 Gtmat and 6W 13115 $1fool, Tha primary goal al ft Melfamover Sdrs€fall MatraralVk o"tir pvar 50101 Improvements is to enhance primengor and peceslihm craaS to fmaelk Spucillnally, irte rormmmended Implementation plan indudse adcNicnal Iwo sanyar pick-upldrop areas, eddilianal ahudle pidnuWdrop-pH cgI provldn a P" Ignered kise-il arae, upgmda pedestrian connections betwoon neighboring development - and prove passenger canvanlence Ihremgh Wayfinding, dpgmded)AttA cempllant sidewalks, conlih us pasaen�eP ce�Ma sees and aEdilional bike sura o. .. $2.900.00 $414,000 - - This pruje nsisis of carmlruclfan of a new duwrlawn hue lermlrml with oppinximately 27 hue - - - Oaye, ruston Bervipa steal lnaludin9 hue nal Ilmi[ad b psssenyor wailing arena with sealing, fyawntown intermodal - f 12 NN! 3nf 5¢renl ticket vending chin'ir�, vidaolautlio displays, roslrooma as well as security allies, aarvlca Terminal - support areas (d ar wmfud area[, janlWrlsupply clasel, bas cuporviear Luaih, alar€ purkirry & - spaene tolag, end ' ycle parkingrsesllun, kiss-ettrlcida area. CtlnVBrelon of NW int Street to baa drop-oll area with 7 w-We1ir bus Leya, dedicates] taxi andjitney areas, 13ndst:aldng, lighting and merobus - untfled dironilanal all n 0 10'!05 716 VarlOus Lacaflona In SW7SE 1st Stroll Ifrorn 1-9 to f3E let Avenue) l)rwminwn : NEINW i st Street (Imre ME d Avenue to I-951 Flue -Only Lanes En NFJNW sth Strasl Ifram Risen 81W., to 195} (Waal length approximately NNW Oauailown Miemi - - 5th Silvol ((ram F96 tv MW I AvonuoJ A 56 milers}NE 2nd Avenue (from NE POih 61 to ME isl Slnant) SEYME int Avenue lanuth al NE 8th eel) (from SL 1 at Street to ME 17th 8lreel) _ ' .. ME 1Q AV— a;n lin of NE alh Sireot Yom NE Gin Sheat to NE 17th Streetgpg- TOTALS ,.-,.x..�...„., so Rl IRRTITI ITFn SUBSTITUTED EXHIBIT D 51 rsyv�xa it�i `y�. , - J iPsltRY3 � �8£ � �er'4a+aw"s;t i C} •www ;;.� is �; z��c ": , _�,,,.� m civ:. �.wrow«.y�,wn - MAP LEGEND Housing Supply Area f �'z City of Miami Boundary rf v 10 Mile Radius 51 Rl IRgTITI 1TF® SUBSTITUTED EXHIBIT E LEGAL DESCRIPTION OF DOWNTOWN DRI: (DDR1 Boundaries as of February 1, 2004) at the intersection of the centerline of N.W. Fifth Street and N.W. Third Avenue (east side of N -S Expres of N -S (1-95)), thence run southerly along the centerline of N.W. Third Avenue and the easterly side West Flagler sway to the centerline of West 1~lagler Street; thence westerly along the centerline of said centerline of said to the centerline of the Miami River, thence meandering southeasterly along the River to a point of intersection with the easterly right-of-way line of Metro Rapid Transit right-of-\ha rly Florida East Coast (FEC) Railroad right-of-way) said right-of-way line being 50 feet eastparallel with the centerline of said Metro Rapid Transit right-of-way; thence run southerly anterly along said easterly right-of-way line of Metro Rapid Transit to the intersection with the ceS. 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersectiosouther prolongation of the westerly line of Costa Bella Development Subdivision (107-14); heasterly, rthwesterly and northeasterly along said westerly line of Costa, Bella to the intersection with the southeasterly, northeasterly, northerly, and line of S.E. 14th Lane and S.E. 14th Terrace to the i y right-of-way line of S.E. 14th Lane; thence along said southerly and westerly right-of-way with the northwesterly property line of lot 31, block 2 of amended plat of Point View as recorded in plat\ook 2 at page 93 of the public records of Miami -Dade County, Florida; thence northeasterly along the no4westerly line of said Iot 31, to the northeasterly side of the existing ten -foot alley in block 2 of said Point\ iew; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the prop%4a ne between lots 4 and 5 of said block 2 of Point View, thence northeasterly along said lin'o F lots5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said centerlit%of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thcG\ce meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersect�n with the 52 SUBSTITUTED southerly boundary of Claughton Island Bridge; thence easterly along the said southerly right-of-way lime 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 bulkhead and its westerly prolongation thereof around the island to the intersection with the the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction alota 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 can 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 south ly boundary of Dupont Plaza Center and Miarrai 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 ing along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Asso 'ates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of ayfron and northwesterly along the bulkhead line of Bay n3 continuing northerly along the bulkhead line of Biscayn of N.E. 17th Street extended easterly; thence westerly t Park; thence continuing; northerly, northeasterly Park and the Bayfront Park Miamarina; thence to a point of intersection with the centerline the centerline of N.E. 17th Street and its extension thereof to a point of intersection with the centerline o%toor" Bayshore Drive; thence northerly and northeasterly along the centerline of North Bayshore Drivoint ofintersection with easterly extension of the northerly lot line of lot I of block I of Seaport amended\s recorded in plat book 149 at page 79 of the public records of Miami -Dade County, Florida; thence northa\sterly along the northerly lot line of lot I and its extension thereof across a 15 -foot -wide alley to the eaXerly 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 northerlyline 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 .I of Miramar amended as recorded in plat boom 5 at page 4 of the public of Miami -Dade County, Florida, thence northerly along the easterly lot line of lot 4 and its 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 omer 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 'art of the easterly lot line of lot 7 of said. Coral Park (2-66); thence northerly along; the easterly lot line of lot 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 ter of lot 7 of block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of lot 7 foot -wide alley to the southeast corner of lot 5 block 3 northeast corner of said lot 7; thence across a 15- nne Subdivision as recorded in plat book 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 lire of lot 3 of block I 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 Miarni-Dade County, orida; thence easterly along the southerly tract litre 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. l7th 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 line of the FEC Railroad to the limited access right-of-way of I-395; thence southeasterly and *terly along the limited access right -of --way of 1-395 to the centerline of Biscayne Boulevard; thence sNtherly along the centerline of Biscayne Boulevard to the centerline of N.E. 5th Street, thence westerly alonthe 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 -I -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 ankle 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 ull head line; thence North 170 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 890 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 ars e of 22° 09'33"; thence along said curve an arc length of 61.88 feet, thence South 72° 40' 15" East contins . g along said Southerly right of way line a distance of 276.49 feet; to a curve concave to the Southwest aving 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 litre of State Road A -1-A, a distance of 196.59 feet; thence South 54° 0739" 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. Tile combined Upland and Submerged Parcels cNtain approximately 24.2-1- acres 56 SUBSTITUTED LEGAL DESCRIP'T'ION OF SUBMERGED PARCEL Commence at a point marked by an 518" 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 Ndda, 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 Rn StP. v anrd Cnlzth FActF-r1V frnm the WPztPrly l;m;te eWj-et Rrirlrral of «Int—n Teland ar ch—. — Qk­t 3 of the Stake Road Department Right -of -r 25, 1859, id most Northerly curve havi thence So.ot 59° 51' 26" West departing projected bul\Southerly d line; thence North l7° to the point aice of beginning; thence of 550.92 feeint of intersection of of engineers pos ion by coordinates American Da1983- AC83); thence is distance of 44 feet t a point of i.nt waterway; thNorth 03 7' S4" West point of inteon with the outherly r point of intern being a poi on a cul radial line to point bears Soot O1° 1� said curve anng said Southerly ht ctangency; theouth 89° 10' 55" Eas ccdistance of 3feet more or less to a p 17° 12'21" East along said bulkhead line a ray Map, Section No. (8706.112) 87060-2117, revised March a a radius of 1432.69 feet and a central angle of 62° 00'00" -adially from said centerline, a distance of 987,36 feet to a 2'21 " West along said bulkhead line, a distance of 238.86 feet south 49° 32'57" West departing said bulkhead line a distance Ines of turning basin lirnit as established by U.S. Army Corps 4oA 527,878,62 feet, East 926,135.22 feet (based on North )rth 31° 03'50" West, along the limits of said turning basin a rsectton with the East right of way line of the intracoastal long said East right of way line a distance of 874.43 feet to a ;ht of way line of said Douglas MacArthur Causeway, said ,e concave Southerly and having a radius of 10,716.59 feet, a 15" East; thence run Easterly for 387.46 feet along the are of way line, through a central angle of 02° 04' 17" to a point of itinuing Easterly along the said Southerly right of way line, a it of intersection with an existing bulkhead dine; thence South Distance of 924.70 feet to the point of beginning. The combined Upland and Submerged Parcels c #4U$77359 v1 57 approximately 24.2+1- acres