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Ordinance 98-3121 t i Agenda Item R5F 4c ALTERNATIVE PORTOFINO DRI DEVELOPMENT ORDER ORDINANCE NO. 98-3121 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE MIAMI BEACH MARINA DEVELOPMENT OF REGIONAL IMPACT WHICH WAS APPROVED BY RESOLUTION NO. 75-14762; PROVIDING FOR RENAMING OF THOSE PORTIONS OF THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED ON EXHIBIT "A" TO BE KNOWN AS THE ALTERNATIVE MIAMI BEACH MARINA DRI; PROVIDING FOR RENAMING OF THOSE PORTIONS OF THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE "ALTERNATIVE PORTOFINO DRI" AND ISSUING A SEPARATE DRI DEVELOPMENT ORDER FOR SUCH LAND; PROVIDING FOR TRANSMITTAL TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RECORDATION IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE. WHEREAS,on July 16, 1975,the Mayor and City Commission of the City of Miami Beach pursuant to Resolution 75-14762 approved a development order for the Miami Beach Marina Development of Regional Impact affecting properties legally described on Exhibits "A" and "B" ; and WHEREAS,those portions of the Miami Beach Marina DRI-legally described on Exhibit "A" are owned and are to be developed by the City of Miami Beach; and WHEREAS,the property legally described on Exhibit "B" , together with the lands legally described on Exhibit"C" are to be owned and developed by the Portofino Entities (as such entities are identified in the Portofino DRI Alternative ADA) as the Portofino DRI; and WHEREAS,the properties legally described on Exhibits "A" , "B" and "C" are or will be in separate ownership,are at different stages of development and are amenable to being severed from one another so as to create two separate and distinct developments of regional impact; and Agenda Item R5F 4c WHEREAS,on August 15, 1997,the Portofino Entities,with the knowledge of the City of Miami Beach,filed an Alternative Amended Application for Development Approval as a substantial deviation to the previously approved Miami Beach Marina DRI; and WHEREAS,the amendments to the previously approved Miami Beach Marina DRI include the bifurcation of this DRI so as to create two separate and distinct developments of regional impact to be known as the Miami Beach Marina DRI and the Portofino DRI subject to separate and distinct DRI development orders constituting amendments to the original Miami Beach Marina DRI development approved pursuant to Resolution 75-14762; and WHEREAS, on December 1, 1997, the City's Planning Board held a public hearing to consider the amendments to the Miami Beach Marina DRI,after which the board voted unanimously to recommend approval of the request; and WHEREAS,the City Commission of the City of Miami Beach held two public hearings on this amended development order on April 1 , 1998 and April 15, 1998, pursuant to the Notice and Public Hearing provisions of Chapter 380, Section 380.06(11) and Chapter 166, Section 166.041, Florida Statutes; and WHEREAS,the City Commission of the City of Miami Beach has determined approval of this amended development order for the Miami Beach Marina DRI as a substantial deviation to the previously approved DRI is in the best interests of the residents of the City of Miami Beach and furthers the health, safety and general welfare of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. DEVELOPMENT IDENTIFICATION. (a) The legal description of the property included within the Portofino DRI is attached hereto as Exhibits "B" and "C" . (b) The name of the development is "Portofino." (c) The name of the Applicant is the Portofino Entities, and, as used herein, "Applicant" shall include successors and/or assigns of the Portofino Entities. (d) The name of the authorized agents for the Applicant are: F:UT"NLEVLFORlOF1MORDS.R5F.1C.ORD 2 M.M%If.1991(1.,Ipn) Agenda Item R5F 4c Clifford A. Schulman, Esq. Greenberg, Traurig, Hoffman, Lipoff, Rosen& Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131 and Debbie M. Orshefsky, Esq. Greenberg, Traurig, Hoffman, Lipoff, Rosen& Quentel, P.A. 515 East Las Olas Blvd., Suite 1500 Fort Lauderdale, Florida 33301. (e) Development Summary. 1. The development program approved, subject to the conditions and requirements included in this development order, is as set forth on Exhibit "D". 2. Attached as Exhibit "D" is the project Master Development Plan which identifies the proposed development. 3. Attached as Exhibit "E" is the project Phasing Schedule. SECTION 2. FINDINGS OF FACT. (a) The "WHEREAS" clauses and the Development Summary included in Section 1(e)as set forth in this Ordinance are incorporated as findings of fact. (b) The Portofino DRI is not in an Area of Critical State Concern. (c) The development approved is consistent with the adopted State Land Development Plan applicable to this area. (d) The development as approved is consistent with the City of Miami Beach Comprehensive Plan,the Strategic Regional Policy Plan of the South Florida Regional Planning Council and the State Comprehensive Plan. (e) The development as approved makes adequate provisions for the public facilities needed to accommodate the impacts of the proposed development in accordance with the City of Miami Beach Comprehensive Plan and land development regulations. F\ATTMLEVLPORTFlMORDSSR5F IC ORD M.1cR 31.1991(1(Ipe) 3 I Agenda Item R5F 4c (f) The development as approved is consistent with the report and recommendations of the South Florida Regional Planning Council Assessment Report, dated November 3, 1997 SECTION 3. CONCLUSION OF LAW. (a) Approval of the Portofino Development of Regional Impact("DRI") subject to the provisions of this Ordinance is consistent with the requirements of Chapter 380, Florida Statutes and is in conformity with all other applicable local and state laws and regulations. SECTION 4. APPLICABILITY OF DEVELOPMENT ORDER: (a) The property legally described on Exhibits"B" and"C" shall be known as the "Alternative Portofino DRI." This Development Order shall apply to development of the Portofino DRI. (b) The property legally described on Exhibit "A" shall be known as the "Alternative Miami Beach Marina DRI", pursuant to a proposed ordinance amending the original Miami Beach Marina Development Regional Impact Development Order (Resolution 75-14762) with respect to the property legally described on Exhibit "A," to be adopted by the City Commission on the same date as this Amended Development Order. This Development Order shall not apply to the property legally described on Exhibit "A," the development of which shall be governed by the amended development order amending Resolution 75-14762 as to such property. SECTION 5. INCORPORATION OF THE ALTERNATIVE AMENDED APPLICATION FOR DEVELOPMENT APPROVAL FOR THE PORTOFINO DRI (ADA). The Alternative Amended ADA,as consolidated,pursuant to Rule 9J-2.025, §(3)(b)9,F.A.C., is incorporated into this Ordinance by this reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes, and applicable local ordinances. Substantial compliance with the representations contained in the Amended ADA is a condition for F:UITOIEVLPORTDFlMORDSR9i C.ORD 4 MrcA 2f.199,(9:91pn) I • Agenda Item R5F 4c approval unless waived or modified by agreement among the City, the South Florida Regional Planning Council, and the Applicant, its successors, or assigns. SECTION 6. INCORPORATION OF COUNCIL ASSESSMENT. The South Florida Regional Planning Council Development of Regional Impact Assessment for the Portofino DRI ("Council Assessment") dated November 3,1997, is incorporated into this Ordinance by this reference. SECTION 7. DEVELOPMENT APPROVAL. The Alternative Portofino DRI, as described in this development order, and as represented in the Consolidated Alternative Amended ADA, is approved subject to the following conditions, stipulations and requirements which shall apply to the Applicant, its successors, grantees and assigns,jointly and severally and shall be binding upon the real property described in Exhibits "B" and "C". A. CONDITIONS TO MITIGATE REGIONAL IMPACTS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL: 1. Incorporate the following into the project design and operation: (a) actively encourage and promote ride-sharing by establishing a car and van pool information program; (b) designate three (3) percent of employee parking spaces, located as close as possible to employee building entrances, for exclusive high occupancy vehicle use; (c) provide mass transit route and schedule information in convenient locations throughout the project, including office complex lobbies and within and adjacent to retail areas; (d) cooperate with Metropolitan Dade County in provisions for future transit amenities; and (e) provide on-site bicycle storage facilities to encourage use of alternative modes of transportation. F:NATTOLEVLIFOR113FIMORDS\R3F 4C ORD March 33.199/(9:51...) 5 Agenda Item R5F 4c 2. Design construct and maintain the stormwater management system to meet the following standards: (a) Comply with the regulations and requirements of the South Florida Water Management District (SFWMD) and applicable local government comprehensive plan drainage level of service (LOS) requirements for surface water management in effect at the time of permit application. (b) Install pollutant retardant structures to treat all stormwater runoff at each of the new project outfall structures in accordance with the master drainage plan included in the Portofino DRI Consolidated ADA,and periodically remove pollutant accumulations as required. (c) Use silt screens and aprons during any phase of project construction to minimize any increase in turbidity in adjacent surface waters. (d) Vacuum sweep all parking lots of eleven or more parking spaces and private roadways serving the parking lots at least once per week. (e) Mulch, spray, or sod exposed areas to prevent soil erosion and minimize air pollution. 3. Design, construct, and maintain any additions, expansions, or replacements to the on-site irrigation system to minimize salt water intrusion and in accordance with SFWMD guidelines. When practicable, use recycled water for landscape irrigation and other water conserving techniques to reduce the demand on the region's potable water supply. 4. Remove Mellaleuca, Casuariana, Schinus and all other invasive exotic vegetation, as recognized by the Florida Exotic Pest Plant Council in each phase of the development. Place visible barriers around the trees or tree clusters to remain on site, prior to removal of exotic vegetation with heavy equipment. Monitor common areas including, but not limited to, roadways, F UTIUIEVL FORIORMORDSRJF4C.ORD 6 M.l b 25.199$(9:J I9m) V �9r- I • Agenda Item R5F 4c rights-of-way, easements and public open spaces to ensure that exotic plants do not become reestablished. 5. Provide landscaping on the site that is consistent with City Ordinance #89- 2665, Section 8,as may be amended. Additional criteria for selection of plant materials shall include the following: (a) does not require excessive irrigation or fertilizer; (b) is not prone to insect infestation or disease; (c) does not have invasive root systems; and (d) other criteria as may be appropriate. Use xeriscape principles in design and implementation of project landscaping, as practicable. 6. Incorporate the use of water sensors,ultra-low volume plumbing fixtures,self closing and/or metered water faucets, and other water conserving devices/methods consistent with the criteria outlined in the water conservation element of the Miami-Dade Water and Sewer Department's SFWMD Water Use Permit. 7. Prior to the issuance of the first residential building permit for the project to be issued following adoption of this development order,pay$250,000 to the Dade County School Board to be spent by the School Board as it deems necessary and appropriate to provide and/or enhance educational facilities. The DRI Annual Report required pursuant to Section 7, C.2. hereof and Section 380.06(18),Florida Statutes(F.S.), shall include an accounting of the number of units for which the Applicant has obtained certificates of occupancy during the preceding 12 month reporting period. Prior to the issuance of a final certificate of occupancy for any building with in the project containing any residential unit, the Applicant shall contribute to the School Board a sum equal to $500 per unit for each unit in excess of 500 units that is covered by any certificate of occupancy. The Applicant acknowledges that F:UTDTLEVLPORIOFDMROSSR5F.C.ORD 7 March 25.1991(9:f 19.9) R Agenda Item R5F 4c the contributions required pursuant to this condition shall be in addition to the Educational Facilities Impact Fees to be paid by the Applicant pursuant to Section 33K of the Metropolitan Dade County Code. The Applicant agrees not to seek a credit in the amount of the contributions against the future Educational Facilities Impact Fee Assessment to be paid by the Applicant in connection with the development of the Project. 8. Pursue with due diligence the objective of utilizing 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 listed on attached Exhibit "F". 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. 9. Prior to the issuance of each building permit for development within the project,the Applicant shall demonstrate that the development to be authorized by issuance of the building permit shall not: (A) Cause the project's new net external P.M. peak hour trips to exceed 1,733 trips. This determination shall be made using the following Maximum Impact Development Scenario (MIDS) Formula: 0.304(R)+0.62(H)+2.37(C)+1.14(0)+0.018(5)+333.31 = 1,733 Where: R is#of High Rise Condominium Units (Residential) H is# of Occupied Rooms of Hotel C is# of KSF of Commercial O is# of KSF of Office S is# of Attraction (Live Theater) Seats is UTIOdEVLWOR1Ofl ORDMISF.C.ORD 8 MW 21.19FR(R:11pn) • • Agenda Item R5F 4c This determination shall be cumulative and shall include all development which has received a building permit, in addition to the building permit being sought. (B) Cause the project cumulatively to exceed any land use component of the Maximum Development Program Limitations as set forth on Exhibit "D" of the Development Order. (C) Cause the project to exceed the development restrictions of the City's zoning ordinance in effect as of the date of this Development Order and, subject to Section 9 hereof, thereafter, or, with respect to the SSDI North and SSDI South parcels, to exceed the development restrictions set forth in the Development Agreement dated April 17, 1986, recorded at Official Records Book 12873, Page 2612 of the Public Records of Dade County, Florida, as amended or supplemented from time to time. Prior to the conveyance of any portion of the project and prior to the issuance of each building permit for development within the project, the Applicant shall execute in recordable form a Declaration of Allocation of New Net External Trips and Maximum Development Program Limitations in the form attached hereto as Exhibit "I" (the "Declaration"). The Declaration shall also be executed by the owner of the property which is being conveyed and/or for which the building permit is sought and by the Planning and Zoning Director of the City of Miami Beach, Florida, or his/her successor. The Applicant shall be responsible for recording the Declaration in the Public Records of Dade County, Florida, and shall provide the Planning and Zoning Director with a certified copy of the same prior to the issuance of each building permit for the project. 10. Prior to the issuance of building permits for development which,cumulatively with development related to any previously approved project building MachIDRNORDSR5F 4C.ORD (� Mrd 7$.7.19110 fpm) 7 Agenda Item R5F 4c permits,will generate more than 1,298 new net external P.M.peak hour trips, construct: (a) an eastbound right-turn lane on Fifth Street at the Alton Road intersection, (b) dual northbound left-turn lanes on Alton Road at Fifth Street intersection, (c) modification of signalization at the Fifth Street/Alton Road intersection to compliment turn lanes to be added in (a) and (b) above. The determination of new net external trips shall be conducted pursuant to the trip generation calculations set forth in Exhibit "G," herein. [Tables 21.B-1 through 21.B-3 of the Portofino Alternative ADA.] The final geometry for these improvements shall be submitted to and approved by the Florida Department of Transportation, the Miami-Dade County Public Works Department and the City of Miami Beach Public Works Department prior to commencement of this roadway construction. Portofino will construct(with reasonable City approval), cause to be constructed or contribute an agreed amount of funds to construct(a)through(c) improvements described above. 11. Install traffic signal control at the following intersections when warrants for signalization are met, as determined by the applicable governmental entities: (a) South Pointe Drive (f/k/a Biscayne Street) and Alton Road (b) South Pointe Drive(f/k/a Biscayne Street) and Washington Avenue. All proposed signal warrants will be defined by the following criteria: - Peak hour traffic volumes(weekday and weekend) - Turn movement volumes (weekday and weekend) - Pedestrian/bicycle movement volumes (weekday and weekend) - Roadway Speed limit - Intersection Level-of Service F kAI O.1EVLTOR1OFRMROSR,F 4C.ORD 10 Mrd,25.1991(1:)1.) • • Agenda Item R5F 4c - Sight Distance Clearance - High- Volume Driveway Operations -Accidents - Illegal Vehicular Movements - Safety - Phasing of the Development - Traffic Circulation Patterns for the Area This condition shall expire if signalization warrants are not met within 24 months of the issuance of the last certificate of occupancy for Portofino DRI development or upon the termination date of this development order, whichever shall occur first. 12. Limit primary project vehicle access points to the off-site roadway network to the number and locations shown in Exhibit "H" . All median openings on Biscayne Drive/Alton Road(Northbound)for the left turning movement into the development site, will be required to have a minimal queue length for the stacking of 4 to 5 vehicles during the peak hour periods(Weekday and Weekend). If the number of vehicles queuing up at the designated left turning bays exceed the five vehicles limit and interrupt the flow of the thru traffic movement during and of the observed peak periods,for a total of three consecutive months(90 days),then the installation of a signal device with left-turning arrow shall be provided at athe expense of the developer. 13. Within 120 days of the issuance of a Certificate of Occupancy for any building or portion of any building to be used for non-residential purposes, the Applicant shall submit a Hazardous Materials Management Plan for review and approvals by DERM, FDEP, SFWMD and the SFRPC. A copy of the approved plan shall be submitted to the Miami Beach and Metro-Dade Fire Departments. The plan shall incorporate into the development by lease F ATIPIEVLI,oRTOMMORDsR5r 4C OW 1j March 39.1991(R9lpn) 1 Agenda Item R5F 4c as long as the property is owned by the Applicant, and incorporate into the development by sale agreement and restrictive covenant when any of the property is conveyed, as applicable, the following provisions: (a) Require that buildings where hazardous materials or hazardous wastes, as defined above, are to be used, displayed, handled, generated, or stored shall be constructed with impervious floors, without drains, to ensure containment and facilitate cleanup of any spill or leakage. (b) Prohibit any outside storage or hazardous materials or hazardous waste. The exception to this condition is for retail goods typically associated with residential nursery activity such as lawn fertilizers and garden pesticides. (c) Allow inspection by appropriate agency personnel of all businesses on the premise storing, using, or generating hazardous materials or biohazards waste prior to the commencement of operation, and periodically thereafter to assure that adequate facilities and procedures are in place to properly manage hazardous materials and biohazards waste projected to be on-site; (d) Require that any area used for loading or unloading of hazardous material be covered and equipped with a collection system to contain accidental spills. (e) Require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and to provide to DERM copies of the following forms of documentation or proper hazardous waste management practices: a. a hazardous waste manifest; b. a shipment to a permitted hazardous waste management facility; or F'ATRTLEVLITORTUFTVORDSRSF 4C ORD 12 Mral 25.199F(F:SIFm) Agenda Item R5F 4c c. a confirmation of receipt of materials from a recycler or a waste exchange operation. (f) Describe response actions and procedures to be followed in case of spills or other accidents involving hazardous materials, biohazards waste or oil; and require tenants to notify appropriate authorities in the event of a release as required by applicable regulations; and (g) Require tenants to comply with all applicable reporting provisions of Title III of the Superfund Amendment and Reauthorization Act (SARA)of the Emergency Planning and Community Right-to-Know Law(EPCRA). 14. Notify state archeological officials at the Division of Historical Resources of the Florida Department of State of construction schedules. Delay construction up to three months in any area where potentially significant historical or archeological artifacts are uncovered, and permit state and local historical preservation officials to survey and excavate the site. 15. No construction of Baywalk facilities shall take place on or over any state owned sovereignty submerged lands, without being permitted under appropriate consents of use for said lands, whether by lease, easement or amendment to any such existing consents of use of such state owned lands. 16. Incorporate energy conservation measures into the design and operation of the project. At a minimum, construct all development in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code). Consider using natural gas and/or renewable energy sources (e.g. solar heating)for water heating, space heating and cooling. 17. Conduct air quality modeling in accordance with FDEP guidelines prior to constructing any surface parking lot that will result in a peak hour traffic flow equal to or greater than 1,500 vehicles per hour or prior to constructing any F:'ATRTLEVL`PORIOFIMORD.R5F 4C ORD 3 1 Man.15,199t(R51pn) L J t f Agenda Item R5F 4c parking garage that will result in a peak hour traffic flow equal to or greater than 750 vehicles per hour(including both ingress and egress). The results of this analysts shall be submitted to the SFRPC, DERM, and FDEP for review and approval. A minimum of 30 days will be required for review and approval. 18. No alteration or maintenance, excluding work related to the proposed Baywalk,of the existing slip located on the Alaska Parcel,hereinafter referred to as the "slip," shall be permitted without the Applicant having submitted, at least forty-five (45) days prior to the filing of any applications for the requisite environmental permits for such action,a Notice of Proposed Change to a previously approved DRI,to the Department of Community Affairs, the South Florida Regional Planning Council and the City. Said Notice shall comply with the provisions of Section 380.06(19), Florida Statutes and shall include a copy of the proposed permit applications, along with all supporting data. For the purposes of this condition, the filling of the slip shall be presumed to constitute a substantial deviation and the Applicant shall bear the burden of rebutting, with clear and convincing evidence,that such proposed change does not constitute a substantial deviation. In no event shall any alteration or maintenance, excluding work related to the proposed Baywalk, of the existing slip be commenced or conducted without compliance with this condition and only after applicable approvals from regulatory agencies, with jurisdiction, including the Metropolitan Dade County Department of Environmental Resources Management, the Florida Department of Environmental Protection,the South Florida Water Management District and the Unites States Army Corps of Engineers. 19. During construction on site, use silt screens or staked hay bales around the perimeter of the site to ensure that erosion of fill material or topsoil into the surrounding waters of Biscayne Bay shall not occur as a result of heavy rains. UT ULEVL(ORpOFlMORDSR5F 4C.O0.D 1 7 4 March 25.Mt(2 51m) Agenda Item R5F 4c The applicant shall comply with requirements of the City of Miami Beach and the Dade County Department of Environmental Resources Management as directed. 20. Within 180 days of the effective date of the Development Order, provide for the establishment and maintenance of a public information program within an existing homeowners association for the purpose of educating the Applicant's residents regarding the potential hurricane threat; the need for timely evacuation in the event of an impending hurricane; the availability and location of hurricane shelters; and the identification of steps to minimize property damage and to protect human life. The applicant shall develop and submit to the City, the Regional Planning Council and the Department of Community Affairs, a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following items: operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; a public awareness program which addresses vulnerability, hurricaneevacuation, hurricane shelter alternatives including hotels, friends and public hurricane shelter locations, and other protective actions which may be specific to the development; identification of who is responsible for implementing the plan; and other items as deemed appropriate. Where hurricane shelter space is being made available by the Applicant, it shall be addressed in the plan and shelter managers identified, and specific responsibilities established. Where the proposed development will include a private security force,the plan shall identify how the force will be integrated with the local police personnel or other responsible agencies during an impending hurricane event in order to assist in the notification, warning, and evacuation of the development's residents. The plan shall be developed in coordination with local emergency management officials. The is VOTOLEVUPORTOFIMOROSR5F4C.ORD 15 Mrd,21.1992(B 51,0 • Agenda Item R5F 4c final plan must be found sufficient by the reviewing agencies and must address the recommendations provided by the reviewing agencies. THE CITY SHALL: 21. Prior to the issuance of any Certificate of Occupancy, execute an agreement with the City of Miami Beach Fire and Police Departments to ensure the adequate provision of fire and police protection services. 22. Prior to the issuance of a Certificate of Occupancy, meet the City's local concurrency requirements for infrastructure to serve the project. 23. Review project landscape plans to ensure compliance with City Ordinance #89-2665,Section 8,as may be amended,as required by Section 7.A.5. of this development order; and that xeriscape principles are utilized in such landscape plans, as practicable. 24. Monitor site development to ensure that exotic plant species are removed. 25. Withhold the issuance of any building permits until the Hazardous Materials Management Plan required in Section 7.A.13. of this development order is submitted to DERM, PDEP, SPWMD, and the SFRPC. 26. Limit primary project vehicle access points to the off-site roadway network to the number and locations shown in Exhibit "H." 27. Withhold issuance of the first residential building permit and subsequent applicable permits,until compliance with Section 7.A.7. of this development order, has been confirmed by the Dade County School Board. 28. Withhold issuance of building permits,unless traffic peak hour trip thresholds are in compliance with Section 7.A.9. and the improvements required pursuant to Section 7.A.10. have been constructed as required. 29. Withhold the issuance of Certificates of Occupancy until agreements have been executed between the Applicant and the City of Miami Beach Fire and Police Departments, ensuring the adequate provision of services as a required condition. F:UTFPLEVLIPDRBOFINORDSR5F IC.ORD 16 March 23.1991(1:319.e) Agenda Item R5F 4c B. CONDITIONS TO MITIGATE LOCAL IMPACTS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL: 1. Local traffic conditions: Prior to the issuance of building permits for development which will generate more than 1515 new net external P.M. peak hour trips, either, at its option, construct (with reasonable City approval), cause to be constructed or contribute an agreed amount of funds to the City to construct the following traffic improvements,_subject to all applicable governmental approvals: (a) striping and installation of westbound left turn lane for 4 or 5 vehicle capacity on Meridian Avenue (south) as it approaches 5th Street, without any widening of the existing right-of-way; (b) installation of westbound left turn signal on Meridian Avenue (south as it intersects with 5th Street); (c) installation of a westbound left turn lane (striping) for 4 or 5 vehicle capacity on Michigan Avenue(south)as it intersects with 5th Street, without any widening of the existing right-of-way; (d) installation of westbound left turn signal on Washington Avenue (south) as it intersects with 5th Street; (e) installation of a westbound left turn lane (striping) for 4 or 5 vehicle capacity on Collins Avenue (south) as it approaches 5th Street, without any widening of the existing right-of-way; (0 installation of westbound left turn signal on Collins Avenue (south) as it intersects with 5th Street; (g) installation of westbound left turn lane (striping) for 3 or 4 vehicles capacity on Jefferson Avenue (south) as it approaches 5th Street, without any widening of the existing right-of-way; F:UTIITLRVLIORTOFDMRDSRlF_.C.ORD 1^J March 11.1991(t:31q.) 1 Agenda Item R5F 4c (h) reset signalization phasing at the major intersections along 5th Street, to give more time for pedestrian/bicycle crossing movements,as may be permitted by the City of Miami Beach Public Works Department and the FDOT: (signalization should be adjusted for weekend traffic conditions, (i) installation of No "U-Turns Permitted" signage along Biscayne Street (a.k.a.South Pointe Drive)/Alton Rd., as it defines the boundaries of the development site. The determination of new net external trips shall be conducted pursuant to the trip generation calculations set forth in Exhibit"G," hereto. [Tables 21.B-1 through 21.B-3 of the Portofino DRI Alternative ADA.] 2. Police and Fire: Pay its fair share costs of additional police and fire capital equipment that are required as a result of the Portofino Development Order, which costs shall include additional police vehicles for the City in an amount not to exceed two hundred forty thousand ($240,000) dollars, and one fire rescue vehicle in an amount not to exceed ninety five thousand ($95,000) dollars. These fair share contributions shall be paid in accordance with Paragraph 12 below. 3. Storm Drainage: Treat and dispose of all storm drainage on-site and without use of the City's stormwater collection system. In addition, at such time as Applicant is required to design,construct and build the traffic improvements at the southwest corner intersection of MacArthur Causeway and Alton Road, pursuant to the terms of this Development Order, Applicant shall be responsible for the costs of replacement or modified stormwater drainage facilities that are required to maintain the drainage of the parking or other facilities as they exist on the date of the proposed improvement to the intersection noted above. F:UTfO.LEVL\FOR1.FDi1ORDS.IUF_,C.ORD 18 Mart*25.1991(1151m) t Agenda Item R5F 4c 4. Water and Sewer: Be solely responsible for the cost of any water or sewer main extensions or expansions that are necessary to bring available City water and/or sewer lines to adequately serve any of the properties that are part of the Development Order. In the event that the City wishes Applicant to oversize any of said lines for other potential users of the system, Applicant shall only be responsible for its hydraulic share of such oversizing. 5. Washington Avenue and Alton Road Streetscape and Landscape Plans: Within eighteen (18) months of the date of the final approval of the Development Order, prepare and submit to the City a landscape and streetscape plan for Washington Avenue and Alton Road south of Fifth Street to South Pointe Drive,at Applicant's sole cost and expense. Applicant hereby agrees to participate in the funding of the implementation of such plan[s], provided that the plans are not materially changed without Applicant's consent (not to be unreasonably withheld) and provided further that Applicant's fair share contributions for the funding of the implementation of said plan shall be not to exceed Two Hundred Ten Thousand Dollars ($210,000) for the Washington Avenue plan and Two Hundred Fifty Thousand Dollars ($250,000) for the Alton Road portion of the plans. These fair share contributions shall be paid by Portofino in accordance with Paragraph 12 below. 6. Library Facilities: The City of Miami Beach has the physical facilities available to establish a branch library but is lacking adequate funding for the cost of stocking said library. Applicant will pay to the City of Miami Beach, for the funding of the stocking of said library, the sum of Fifty Thousand Dollars($50,000) contingent upon changing the name of the library, subject to the process established by Dade County, from "South Shore Branch Library" to " South Pointe Branch Library," as well as the placement of a commemorative plaque to be placed on the Library acknowledging F:1ATICALEVL1PORTOFIMORDSIRJF 4C.ORD 19 Aiwa.2L 199t(191pn) 7 Agenda Item R5F 4c Applicant's contribution. The design and expense of the plaque shall be paid for by the Applicant. These fair share contributions shall be paid by the Applicant,as noted in Paragraph 12 below;provided,however,that the design and expense of the plaque shall be paid for by the Applicant at such time as said plaque is commissioned. 7. Electric Shuttle: Provided that adequate stops are adjacent to the properties owned by the Applicant,Applicant will pay to the City its fair share of Fifty Thousand Dollars($50,000)for the marketing and operation of generic or any other public mass transit initiative. Furthermore, provided that stops are adjacent to Applicant's properties, Applicant will pay the cost of"Electric Wave" transit stop signs, meeting the design approval of the City, at such locations adjacent to the Applicant's properties hereunder as may be approved by the City. These fair share contributions shall be paid by Applicant in accordance with Paragraph 12 below. 8. Booster Pump Station: Provided that the Applicant has consented to the plans therefor(such consent not to be unreasonably withheld), landscaping for the site in an amount of Twenty-Five Thousand Dollars ($25,000) shall be paid by the Applicant. This fair share contribution shall be paid by Applicant in accordance with Paragraph 12 below. 9. Baywalk: Fulfill its obligations for baywalk improvements adjacent to SSDI- North, SSDI-South, and the Hinson Parcel (i.e., south to the northern boundary line of the Federal Triangle Parcel, all as graphically depicted on Exhibit E to the Settlement Agreement by and among the City of Miami Beach, Miami Beach Redevelopment Agency and Westside Partners, Ltd., dated , 1998 (the "Settlement Agreement"), which is on file with the Clerk of the City Commission, by constructing a public baywalk along the entire length of these properties fronting on Biscayne Bay on(i)the west twenty five (25) feet of the plotted lots, and (ii) any land currently i?ATTOLEVLPORTOFIMOROSIR5F,C.ORD 20 Mrd 25.19910 5Ipn) Agenda Item R5F 4c existing west of the west lot line of the plotted lots. In order to complete said baywalk, West Side agrees to fill the western portion of the Hinson Parcel to the western boundary of said parcel, as graphically depicted on Exhibit E to the Settlement Agreement. All construction costs including design and construction, including, but not limited to, the seawall (solely along the Hinson Parcel),paving, lighting, street furniture, signage and landscaping are to be paid by the Applicant. These improvements shall be completed upon issuance on any certificates of occupancy for the adjacent parcels. 10. Washington Avenue Extension: The Applicant will dedicate, by easement, the extension of the public right-of-way of Washington Avenue to serve South Pointe Park, when the closing of SSDI North occurs (provided that all of the "Final Approvals," as such term is defined in the Settlement Agreement have been obtained); provided, however, that said easement area will be included in any calculations of setbacks or Floor Area Ratio ("F.A.R."), lot size or any other zoning or planning requirement of the City in connection with the development of the parcels encumbered by said easement, and in connection with any condemnation or purchase of the parcels encumbered by said easement, said parcels will be treated as though said parcels were not encumbered by said easement;provided further, that the Circuit Court of the 11th Judicial Circuit in and for Dade County, Florida, will retain jurisdiction to enforce the terms of the Settlement Agreement, and if the City fails to calculate the setbacks, F.A.R., lot size or any other zoning or planning requirement of the City,as noted above,or fails to treat said parcels as though said parcels were not encumbered by said easement in connection with any condemnation or purchase of the parcels encumbered by said easement, then Applicant, may file the appropriate action in said Circuit Court of the 11th Judicial Circuit in and for Dade County, Florida, to enforce its rights under the aforesaid Settlement Agreement. F:UTTMLLVLVORIOFIMORDSR5F 4C.ORD 21 March 25 1999(9:]I1 Agenda Item R5F 4c 11. Sunset Plaza: The City shall release the pedestrian easement and the southern access easement on the southern side of the building known as the "Yacht Club" on the northern portion of SSDI South and the Applicant will provide plans to the City for: (i)a limited access corridor to the Baywalk not less than forty(40)feet wide which will allow for public access to the Baywalk,as well as emergency vehicle access, and (ii) the driveway access and drop-off parking area required pursuant to the 1986 Development Agreement(as such term is defined in the Settlement Agreement), said interest to be granted pursuant to an easement to be executed by Applicant to the City at the time the existing pedestrian easement is released. The grant of the above-noted easement to the City shall not affect the setbacks,F.A.R., lot size or any other zoning or planning requirements of the City that would affect or limit the ability of the Applicant to fully develop any properties adjacent to said easement. Plans for such access corridor, driveway access and drop-off parking shall be mutually agreed upon by Applicant and the City, and the cost of developing same shall be borne by Applicant. 12. Fair Share Contributions: Within twelve months of this Development Order becoming final,Applicant shall pay to the City the sum of$920,000 in annual payments of$92,000 to fulfill its financial obligations under the foregoing provisions, and said annual payment shall be made every year thereafter for a total of ten (10) years, by cashier's check or other form of bank check, representing 1/10 of the total cash costs, and that payment shall increased by a factor equal to the increase, if any, in the Consumer Price Index, as published by the U.S. Department of Labor, All Items, commencing from the date the first annual payment is due;provided, further,that said increase shall not in any event exceed three percent (3%) compounded annually. In the event that Applicant fails to pay the contributions at the time noted herein, no further building permits shall issue unless and until said payment is made. F UTIO'LEVUPORlOF1MORDSIRIF 4C.ORD LL 22 Mrd.2.I".(I:f IPS) • Agenda Item R5F 4c C. GENERAL CONDITIONS THE APPLICANT,ITS SUCCESSORS,AND/OR ASSIGNS,JOINTLY OR SEVERALLY, SHALL: 1. 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, and one copy to the Department of Community Affairs within 30 days of the effective date of the 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 the 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. 2. Submit an annual report as required pursuant to Section 380.06(18), F.S. to the City, the Council, the Dade County School Board, the Office of Eco-System Management of the Department of Environmental Protection(WPB)and the Department of Community Affairs on each anniversary date of the effective date of the development. 3. Record,within 30 days of the effective date of the development order, notice of the adoption of the development order in the public records of Dade County pursuant to Section 380.06(15), F.S., specifying that F:Atfl LEVLVlRTOF1MOROMRSF 4C ORD 23 March 15.199F(MIF...) L Agenda Item R5F 4c the development order runs with the land is binding on the applicant, its successors, and assigns,jointly or severally. 4. Any obligations of the Applicant under the terms fo this Development Order that are within the control of an affiliate, subsidiary or other entity controlled by the Applicant, shall be fulfilled by any such entity on behalf of the Applicant. SECTION 8. CONCURRENCY DETERMINATIONS. The City does hereby perform the requisite concurrency determination and finds that the Alternative Portofino Development of Regional Impact meets the City's adopted levels of service for transportation, water, sewer, parks and drainage and any other relevant concurrency determinations, as of the date of this Development Order. SECTION 9. DATE UNTIL WHICH DEVELOPMENT NOT SUBJECT TO DOWN- ZONING.UNIT DENSITY REDUCTION OR INTENSITY REDUCTION. January 31,2012 is hereby established as the date until which the Portofino Development of Regional Impact shall not be subject to down-zoning,unit density reduction, or intensity reduction, unless the City can demonstrate that substantial changes made by the Applicant 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 of the citizens of the City of Miami Beach. Phasing buildout dates shall be consistent with the Phasing Schedule provided in the Portofino Alternative ADA. SECTION 10. ENFORCEMENT OF VIOLATIONS. In the event the Applicant, its successor, or assigns, violates any of the conditions of the development order or otherwise fails to act in substantial compliance with the development order (hereinafter violator ), the City shall have the right to stay the effectiveness of the development order as to the entire project or the tract, or portion of the tract, in which the violative activity or conduct has occurred and withhold further permits, approvals, and services for development in said tract, or portion of the tract, upon passage of any appropriate resolution by the City, adopted in F UTTOLEVLVORTOFIMORUHR)F 4C.ORD 24 Mr.25.I99R(I51ryn) • Agenda Item R5F 4c accordance with this action, 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 15 days of said notice, the City will hold a public hearing to consider the matter within 30 days of the date of said notice. SECTION 11. LOCAL OFFICIAL RESPONSIBLE FOR MONITORING COMPLIANCE. The Director of the City's Department of Planning and Zoning, or his/her designee, is hereby designated as the official who shall monitor compliance with all conditions of the development order and specify monitoring procedures that, at a minimum, require development order conditions to be reviewed by the City prior to issuance of any local development permit. Applicant shall allow reasonable access to the project for this monitoring to assure compliance with the Development Order and all applicable laws and regulations. SECTION 12. ELECTION OF THE APPLICANT. Pursuant to Section 380.06(5)(c), Florida Statutes, the Applicant elects to be bound by the applicable rules adopted pursuant to Chapters 403 and 373 which are in effect when this Development Order is issued. SECTION 13. COMMENCEMENT AND TERMINATION OF DEVELOPMENT. Physical development shall commence within one year from the effective date of this development order. The termination date for completing development is January 31, 2012. The termination date may only be modified in accordance with Section 380.06(19)(c) Florida Statutes. The Applicant's right to develop in accordance with this Development Order requires that the Applicant comply with the requirement specified in Section 7C.3. regarding recordation of this Development Order. January 31, 2012 is hereby established as-the expiration date for this Development Order. - SECTION 14. SEVERABILITY. If any section,part of a section,paragraph,sentence,clause,phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holdings of invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or F:IATTPLEVLIPORTOflNORDSIR5F 4C.ORD MSN 25.1995(t:f Ip..) 25 • Agenda Item R5F 4c inoperative part herein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person,group of persons, property,kind of property, circumstances or set of circumstances, such holdings shall not affect the applicability thereof to any other person,property or circumstances. SECTION 15. EFFECTIVE DATE. This Development Order shall become effective on the effective date of those amendments to the text and future land use map of the City of Miami Beach, Florida Year 2000 Comprehensive Plan which are being processed concurrent with this Development Order pursuant to Section 380.06(6), F.S., but in no event shall this Development Order become effective sooner than forty- five(45)days from transmittal of this Development Order to the Florida Department of Community Affairs, the SFRPC and the Applicant; provided, however, that if the Development Order is appealed,this Development Order will take effect on the day after all appeals have been withdrawn or resolved, as provided by law. SECTION 16. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Y:UTrtTLERLIORT FDRORD5,R5F 9C.ORD 26 Drub]f.1991(R.f Ipn) G V • • • • • • Agenda Item R5F 4c SECTION 17. TRANSMITTAL. The City Clerk is instructed to transmit a copy of this Development Order and all Exhibits attached hereto to the Florida Department of Community Affairs, the South Florida Regional Planning Council and the Applicants Agents, as required pursuant to Section 380.07, F.S. PASSED AND ADOPTED this 15th day of April , 1998. MAYOR ATTEST: (2au APPROVED AS TO CITY CLERK FORM& LANGUAGE & FOR EXECUTION -3/"Wide N my F:UTFOLEVLPORIOFIMORDARIF_4C ORD 27 MVN 25.199I(t:flpe) f 40 0 N 64 14 M O Pi 00 GO y O C, y ? • d• O• OA CC VI C.4 0.1 A E C • - 44,44 - 41 Id