HomeMy WebLinkAboutR-00-0102J-99-927
1/18/00
RESOLUTION NO. C 10 2
A RESOLUTION OF THE MIAMI CITY COMMISSION.,
WITH ATTACHMENT(S), AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION
NO. 85-1060, ADOPTED OCTOBER 10, 1985, AS
AMENDED BY RESOLUTION NO. 89-410, ADOPTED
APRIL 27, 1989, RESOLUTION NO. 92-597,
ADOPTED SEPTEMBER 24, 1992, RESOLUTION NOS.
94-597 AND 94-598, ADOPTED JULY 26, 1994,
RESOLUTION NO. 96-290, ADOPTED APRIL 25,
1996, AND RESOLUTION NO. 97-554, ADOPTED
JULY 24, 1997, FOR THE BRICKELL SQUARE
PROJECT, PHASES II AND III, LOCATED AT
APPROXIMATELY 845-999 BRICKELL AVENUE, MIAMI,
FLORIDA, A DEVELOPMENT OF REGIONAL IMPACT,
PURSUANT TO SECTION 380.06, FLORIDA STATUTES,
AND A MAJOR USE SPECIAL PERMIT, PURSUANT TO
PRIOR ZONING ORDINANCE NO. 9500, BY AMENDING
THE DEVELOPMENT ORDER TO APPROVE: 1) A TIME
EXTENSION FOR COMMENCEMENT DATE FROM
DECEMBER 31, 1999 TO DECEMBER 31, 2005; 2) A
TIME EXTENSION FOR COMPLETION DATE FROM
DECEMBER 31, 2001 TO DECEMBER 31, 2007; AND
3) AN AMENDMENT TO •CONDITION NO. 28 TO
PROVIDE A TIME EXTENSION, FOR THE DATE AT
WHICH THE DEVELOPMENT ORDER SHALL BE
CONSIDERED NULL AND VOID, FROM DECEMBER 31,
1999 TO DECEMBER 31, 2007; FINDING THAT SAID
CHANGES DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION; MAKING ADDITIONAL FINDINGS;
INSTRUCTING TRANSMITTAL OF COPIES OF THIS
RESOLUTION TO AFFECTED AGENCIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 85-1060, adopted
October 10, 1985, the City Commission issued a Development Order
CITY CO SS10R9,.
MEETING OF
JAN 2 7 ?_000
Resolution No.
0 2
for a Development of Regional Impact, pursuant to Chapter 380,
Florida Statutes (1995), and a Major Use Special Permit, pursuant
to prior Zoning Ordinance No. 9500, for the Brickell Square
Phases II and III Project located at approximately 845-999
Brickell Avenue, Miami, Florida ("Project"); and
WHEREAS, pursuant to Resolution No. 89-410, adopted
April 27, 1989, the City Commission amended the timing of the
project by changing the commencement of Phase II to
November 1991; Phase III to June 1995, and completion of the
entire project to 1997; and
WHEREAS, pursuant to Resolution No. 92-597, adopted
September 24, 1992, the City Commission amended the timing of the
project once again by changing the commencement of Phase II to
May 1996; Phase III to December 1999, and completion of the
entire project to December 2001; and .
WHEREAS, pursuant to Resolution No. 92-597 the name of the
applicant was changed, and the number of on-site parking spaces
to be provided was changed to an amount not to exceed 1,622
spaces; and
WHEREAS, pursuant to Resolution Nos. 94-597 and 94-598,
adopted July 26, 1994, the City Commission amended the
Development Order by amending the legal description of the
project and removing one of the conditions of the project which
required a Unity of Title for all three phases of the project;
and
WHEREAS, pursuant to Resolution No. 96-290, adopted
April 25, 1996, the City Commission approved an amendment to the
Page 2 of 8 0
Development Order in order to extend the commencement date of
Phase II from May 1996 to December 1999; and
WHEREAS, pursuant to Resolution No. 97-554, adopted
July 24, 1997, the City Commission approved an amendment to the
Development Order to: amend the uses proposed to include
residential and hotel uses, remove the obligation that the
project be developed according to the Master Development Plan,
increase the number of permitted parking spaces, and clarify the
commencement date; and
WHEREAS, this project was originally approved pursuant to
the provisions contained in Zoning Ordinance No. 9500, and
continues in that status pursuant to the provisions contained in
Section 2105 of Zoning Ordinance No. 11000; and
WHEREAS, the applicant, Gloria Velazquez, Esq. and Joseph
Goldstein, Esq., authorized representative of Equitable Life
Assurance Society of the United States' ("Applicant"), now desire
to amend the commencement and completion dates to provide for
time extensions and to amend Condition No. 28 to provide a time
extension for the date at which the Development Order shall be
considered null and void; and
WHEREAS, on August 6, 1999, the Applicant filed a
Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) (as amended September 13,
1999) pursuant to Subsection 380.06(19), Florida Statutes (1997),
with the Florida Department of Community Affairs, the South
Florida Regional Planning Council, and the City of Miami; and
Page 3 of 8 -�
WHEREAS, the proposed amendment does not constitute a
substantial deviation pursuant to Section 380.06(19)(e)(2),
Florida Statutes (1999), and, thus is not subject to a
substantial deviation hearing or determination by the City of
Miami; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of October 20, 1999, Item No. 3, following an advertised public
hearing, adopted Resolution No. PAB 44-99 by a vote of seven to
two (7-2), RECOMMENDING APPROVAL of amending the Development
Order of the Brickell Square Project, Phases II and III, as
hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
said Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby adopted by reference thereto and
incorporated herein.as if fully set forth in this Section.
Section 2. Resolution No. 85-1060, adopted October 10,
1985, as amended by Resolution No. 89-410, adopted April 27,
1989, Resolution No. 92-597, adopted September 24, 1992,
Page 4 of 8
•
Resolution Nos. 94-597 and 94-598, adopted July 26, 1994,
Resolution No. 96-290, adopted April 25, 1996, and Resolution No.
97-554, adopted July 24, 1997, of the Brickell Square Project,
and attached hereto as a part of Composite Exhibit "A" of this
Resolution, is hereby amended as follows:l/
"RESOLUTION NO. 85-1060
EXHIBIT A
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
FINDINGS OF FACT WITH MODIFICATIONS
THE CITY SHALL:
27. Incorporate into the Development Order
for Brickell Square a timeline showing
the project phasing, specific elements
of the project plan, and conditions of
the Development Order which are to be
met in each phase or by other dates.
For purposes of this timeline, Phase II
shall commence by Dec......ber, i999
December 31, 2005, Phase III shall
commence by Becefftber gin December 31,
2005, and the project shall be completed
in 2091 by December 31,"2007. All other
conditions shall be in accordance with
the schedule provided in timeline
(figure 1) .
�i words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
0 Page 5 of 8 �"'
0 Q.
(d) That the Development Order constitutes a
land development regulation applicable
to the property; that the conditions
contained in this Development order
shall run with the land and bind all
successors in interest; it being
understood that. the recording of this
notice shall not constitute a lien,
cloud or encumbrance on real property,
nor actual nor constructive notice of
the same. This Development Order shall
be considered null and void by
aeoeffiber 1999 December 31, 2007, unless
actual construction work, excluding
grading or excavating, is substantially
under way on that date.
Section 3. It is hereby found that the development
change, as proposed:
(a) does not unreasonably interfere with the achievement of
the objectives of state land development guidelines,
regulations or plans applicable to the City of Miami;
and
(b) is consistent with local subdivision and platting
requirements; and
(c) is consistent with the Report and Recommendations of
the South Florida Regional Planning Council; and
(d) as a result of the aforementioned, does not constitute
a substantial deviation pursuant to Section 380.06(19)
Fla. Stat. (1999) .
Page 6 of 8 0 V
Section 4. It is hereby further found that, pursuant to
Section 380.06(19)(e)2, Fla. Stat. (1999), the herein change to
said Development Order is not subject to the public hearing
requirements of Section 380.06 (19) (f) 3, Fla. Stat. . (1999) , or to
a determination pursuant to Section 380.06(19)(f)5, Fla. Stat.
(1999) .
Section 5. Upon -full execution, copies of this
Resolution and its attachments, shall be transmitted by the City
Manager or his designee to: Gloria Velazquez, Esq. and/or Joseph
Goldstein, Esq., 1221 Brickell Avenue, Miami, Florida 33131, as
authorized agent for the Developer -Applicant, Equitable Life
Assurance Society of the United States; Executive Director, South
Florida Regional Planning Council, 3440 Hollywood Boulevard,
Suite 140, Hollywood, Florida, 33021; and Secretary, State of
Florida Department of Community Affairs, Division of Resource
Planning and Management, 2740 Centerview Drive, Tallahassee,
Florida, 32399.
Section 6. This Resolution shall become effective
forty-six (46) days from the date of adoption thereof.�'
This Resolution shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 7 of 80 — 1U 1A0
PASSED AND ADOPTED this 27th day of January 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-38, since the Mayor dices not indleallp- appmvp-1 of
0
this legislation by signing It in the designated pi .1.1, p said ieglslp"'it—
becomes effective with the elaps f ten da , from I Com- Oci
,po
regarding same, without the Mifor exe ice' eto
ATTEST: INalter J. FoVaj, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROV AS 0 F RM CORRECTNESS
XVL�VAN,RO VILARELLO
Y
Y TORNEY
W3,997:GMM:eij:BSS
0(-� —. -; (1 4
Page 8 of 8 J I ky 2,
J-94-601
7/26/94 q
RESOLUTION Nd 4_ 598
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT.ORDER (RESOLUTION NO. 85-1060, AS
AMENDED BY RESOLUTION NOS. 89-410 AND 92-597)
FOR THE BRICKELL SQUARE PROJECT, PHASES II
AND III, LOCATED AT APPROXIMATELY 845-999
BRICKELL AVENUE, MIAMI, FLORIDA, A
DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO
SECTION 380.06, FLORIDA STATUTES, AND A MAJOR
USE SPECIAL PERMIT, PURSUANT TO ZONING
ORDINANCE NO. 9500, BY: AMENDING THE LEGAL
DESCRIPTONS OF PHASES II AND III OF SAID
ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTIONS CONTAINED HEREIN; AND TO DELETE
CONDITION NO. 21 OF THE ORIGINAL DEVELOPMENT
ORDER WHICH REQUIRED A UNITY OF TITLE;
FINDING THAT SAID CHANGES DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION; MAKING ADDITIONAL
FINDINGS AND INCORPORATING SAID FINDINGS IN
CONCLUSIONS OF LAW; INSTRUCTING THE
TRANSMITTAL OF COPIES OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 85-1060, adopted
October 10, 1985, the City Commission issued a Development Order
for a Development of Regional Impact, pursuant to Chapter 380,
Florida Statutes, and Major Use Special Permit, pursuant to
Zoning Ordinance No. 9500, for the Briokell Square Phase II and
r
III Project located at approximately 845-999 Briokell Avenue,
Miami, Florida, ("Project"); and
WHEREAS, pursuant to Resolution No. 89-255, adopted
April 17, 1989., the City Commission amended the timing of the
project by changing the commencement of Phase II to November
1991; Phase III to June 1995, and completion of the project to
1993 from June 1987 and January 1991, respectively; and
CITY COM_TZISSION
14EETIIIC OF
J L 2 6 1994
oeoluti
r
WHEREAS, pursuant to Resolution No. 92-597, adopted
September 24, 1992, the City Commission amended the timing of the
project once again by changing the commencement of Phase II to
May 1996; Phase III to December 1999, and completion of the
project to December 2000; and by further changing the, name of
the applicant and providing that the number of on-site parking
spaces shall not exceed 1,622 spaces; and
WHEREAS, this project was originally approved under Zoning
Ordinance No. 9500, and pursuant to Section 2105 of Zoning
Ordinance No. 11000, continues in that status; and
WHEREAS, the applicant, Lucia A. Dougherty, authorized
representative of EQUITABLE LIFE ASSURANCE SOCIETY OF.THE UNITED
STATES ("Applicant"), now desires to change the legal description
and remove one of the conditions imposed on the Project and
consequently desires to amend said previously issued Development
Order; and
WHEREAS, on May 13, 1994, the Applicant filed a Notification
of a Proposed Change to a Previously Approved Development of
Regional Impact (DRI) pursuant to Subsection 380.06(19), Florida
Statutes, with the Florida Department of Community Affairs, the
South Florida Regional, Planning Council, and the City of Miami;
and
WHEREAS, on May 13, 1994, the Applicant applied for an
amendment to said previously -issued Development Order; and
WHEREAS, the proposed amendment does not constitute a
substantial deviation pursuant to Section 380.06(19)(e)(2),
-2- 00' - InV2
Florida Statutes (1993), and, thus, is not subject to a
substantial deviation hearing or determination by the City of
Miami; and
WHEREAS, Planning Advisory Board Resolution No. PAB 39-94,
adopted July 13, 1994, following an advertised public hearing, by
f
a vote of nine to zero (9-0), recommended APPROVAL of the subject
application for amendment; and
WHEREAS, the City Commission considers this Resolution to be
in the best interest of the citizens of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby approved, confirmed, and adopted
by reference thereto and incorporated herein as if fully set
forth in this Section.
Section 2. Exhibit "A" of Resolution 85-1060, dated
October 10, v2985, as amended by Resolution No. 89-410, dated
April 17, 1989 and Resolution No. 92-597, dated September 24,
1992, of the Briokell Square Project are hereby amended in the
following respects:`/
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-3- r
DEVELOPMENT ORDER
. AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
Let it be known that the Commission of the City of
Miami, Florida, has considered in public hearing' on
October 10, 1985; the issuance of a Development Order
for a Development of Regional Impact pursuant to
Section 380.06 Florida Statutes, said development to be
located in the City of Miami, at approximately 845-999
Brickell Avenue, being
LEGAL DESCRIPTION
FOR PHASE II
All that portion of Lot 11 except the North
43.29 46.73 feet thereof and Lots 12, and 13,
Block 104 South, AMENDED MAP OF BRICKELL'S
ADDITION TO MIAMI, according to the plat
thereof recorded in Plat Book "B" at Page 113
r
r
of the Public Records of Dade County,
Florida, lying west of the right-of-way for
South Bayshore Drive conveyed to the City of
Miami for street purposes, said right-of-way
being more particularly described in that
certain deed dated November 18, 1959, filed
May 26, 1960, in Official Records Book 2076
at Page 436 of the Public Records of Dade
-4-
GOT 102
e
County, Florida, and in that certain deed,
dated December 16, 1959, filed on May 16,
1960 under Clerk's File No. 60R-94813, in
Official Records Book 2076 at page 441 of the
Public Records of Dade County, Florida,
containing an area of 999 90.181 square
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North
35.88 39.30 feet thereof and the North t3.29
46.73 feet of Lot 11, Block 104 South,
AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI,
according to the plat thereof recorded in
Plat Book "B" at Page 113 of the Public
Records of Dade County, Florida, lying west
of the right-of-way for South Bayshore Drive
conveyed to the City of Miami for street
r
r
purposes, said right-of-way being more
particularly described in that certain deed
dated November 18, 1959, filed May 26, 1960,
in Official Records Book 2076 at Page 436 of
the Public Records of Dade County, Florida,
and in that certain deed, dated December 16,
1959, filed on May 16, 1960 under Clerk's
File No. 60R-94813, in Official Records Book �� _
OEM
2076 at page 441 of the Public Records of
Dade County, Florida, containing an area of
37,537 square feet more or less.
FINDINGS OF FACT WITH MODIFICATIONS f
s s s s
Issuance of this Major Use Special Permit meets
the requirements of Ordinance 9500, the Zoning
Ordinance of the City of Miami.
THE APPLICANT, ITS SUCCESSORS,
AND/OR ASSIGNS JOINTLY OR SEVERABLY WILL:
s s s s
2t—.
21.,- Reserved,
Q
0" 102
Section 3. The development as proposed:
(a) does not unreasonably' interfere with the
achievement of the objectives of state land development
guidelines, regulations or plans applicable to the City of Miami;
(b) is consistent with local subdivision and platting
requirements; and
(c) is consistent with the Report and Recommendations
of the South Florida Regional Planning Council.
Section 4. Upon full execution, this Resolution shall be
transmitted f -to the Developer -Applicant, LUCIA A. DOUGHERTY,
authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE
UNITED STATES, whose address is 801 Brickell Avenue, Suite 806,
Miami, Florida 33131; Ms. Carolyn Dekle, Executive Director,
South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida 33021; and Ms. Linda L.
Shelley, Secretary, Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee, FL 32399. 00— 02
-7-
n
Section 5. This Resolution shall become effective
forty-six (46) days from the date of adoption.
PASSED AND ADOPTED this: 26th day , 1994.
STEPHEN CLARK. MAYOR
T
TTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
OE E. MAXWELL
DE TY CITY ATTORNEY
M4482/JEM/mis
r
r
-8-
APPROVED AS TO FORM AND
CORRECTNESS:
011
A. QULNN JO S
CITY ATTOR
7
00- 102
J-96-238
4/25/96 _ ft 0
RESOLUTION NO'?
A RESOLUTION, WITH ATTACHMENTS, AMENDING A
PREVIOUSLY APPROVED DEVELOPMENT ORDER
(RESOLUTION NO. 85-1060, ADOPTED
OCTOBER 10, 1985, AS AMENDED BY RESOLUTION
NO. 89-410, ADOPTED APRIL 27, 1989,
RESOLUTION NO. 92-597, ADOPTED
SEPTEMBER 24, 1992, AND RESOLUTION
NO. 94-598, ADOPTED JULY 26, 1994, ALL
ATTACHED), FOR THE BRICKELL SQUARE PROJECT,
PHASE II, LOCATED AT APPROXIMATELY 845-999
BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06, FLORIDA
STATUTES, AND A MAJOR USE SPECIAL PERMIT,
PURSUANT TO PRIOR ZONING ORDINANCE NO. 9500,
BY AMENDING CONDITION NUMBER 27 OF THE
DEVELOPMENT ORDER TO EXTEND THE COMMENCEMENT
DATE OF PHASE II FROM MAY OF 1996 TO DECEMBER
OF 1999; FINDING THAT SAID CHANGE DOES NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING
ADDITIONAL FINDINGS; INSTRUCTING TRANSMITTAL
OF COPIES OF THIS RESOLUTION TO AFFECTED
AGENCIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Resolution No. 85-1060, adopted
October 10, 1985, the City Commission issued a Development Order
for a Development of Regional Impact, pursuant to Chapter 380,
Florida Statutes, and a Major Use Special Permit, pursuant to
prior Zoning Ordinance No. 9500, for the Brickell Square Phase II
and III Project located at approximately 845-999 Brickell Avenue,
Miami, Florida, ("Project"); and
WHEREAS, pursuant to Resolution No. 89-410, adopted
April 27, 1989, the City Commission amended the timing of the
project by changing the commencement of Phase II to
ATTACHMENT (S)
CONTAINED
CITY COMMSSION
MEETING OF
APR 2 5 1996
Resolution No.
,a�.
November, 1991;ghase III to June, 1995, lod completion of the
entire project to 1997; and
WHEREAS, pursuant to Resolution No. 92-597, adopted
September 24, 1992, the City Commission amended the timing of the
project once again by. changing the commencement of Phase II to
May 1996; Phase III to December of 1999, and completion of the
entire project to December of the year 2001; and
WHEREAS, Resolution No. 92-597 also changed the name of the
applicant, and provided that the number of on-site parking spaces
shall not exceed 1,622 spaces; and
WHEREAS, pursuant to Resolution No. 94-598, adopted on
July 26, 1994, the City Commission amended the Development Order
by amending the legal description of the project and removing one
of the conditions of the project which required a Unity of Title
for all three phases of the project; and
WHEREAS, this project was originally approved under prior
Zoning Ordinance No. 9500, and pursuant to Section 2105 of Zoning
Ordinance No. 11000, continues in that status; and
WHEREAS, the applicant, Susan Delegal, authorized
representative of Equitable Life Assurance Society of the United
States ("Applicant"), now desires to extend the commencement date
of Phase II from May of 1996 to December of 1999; and
WHEREAS, on March 1, 1996, the Applicant filed a
Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) pursuant to
Subsection 380.06(19), Florida Statutes (19.95), with the Florida
Department of Community Affairs, the South Florida Regional
Planning Council, and the City of Miami; and
- 2 -
1FWD
,rii
WHEREAS, cA. March 1, 1996, the Appteant applied for an
amendment to said previously -issued Development Order; and
WHEREAS, the proposed amendment does not constitute a
substantial deviation pursuant to Section 380.06(19) (e) (2),
Florida Statutes (1995), and, thus is not subject to a
substantial deviation hearing or determination by the City of
Miami; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of March 20, 1996, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 12-96 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL of amending the Development Order of
the Brickell Square Project, Phase II, as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
said Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. Exhibit °A" of Resolution No. 85-1060,
adopted October 10, 1985, as amended by Resolution No. 89-410,
adopted April 27, 1989, Resolution No 92-597, adopted
September 24, 1992, and Resolution No. 94-598, adopted July 26,
1994, of the Brickell Square Project, and attached hereto as a
3 -
0`.' 2 ��
part of ComposTce Exhibit "A" of this *solution, is hereby
amended as follows: 1/
EXHIBIT A
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
* * *
FINDINGS OF FACT WITH MODIFICATIONS
* *
THE CITY SHALL:
* * *
27. Incorporate into the Development Order for
Brickell Square a timeline showing the project phasing,
specific elements of the project plan, and conditions
of the Development Order which are to be met in each
phase or by other dates. For purposes of this
timeline, Phase II shall commence in May,
December, 1999, Phase III shall commence in December
1999 and the project shall be competed in 2001. All
other conditions shall be in accordance with the
schedule provided in timeline (figure 1).
* * *n
Section 3. It is hereby found that the development
change, as proposed:
(a) does not unreasonably interfere with the achievement of
the objectives of state land development guidelines,
regulations or plans applicable to the City of Miami;
and
'-' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added.
The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
- 4 -
(b) is A.'sistent with local subMision and platting
requirements; and
(c) is consistent with the Report and Recommendations of
the South Florida Regional Planning Council; and
(d) as a result of the aforementioned, does not constitute
a substantial deviation pursuant to Section 380.06(19)
Fla. Stat. (1995) .
Section 4. It is hereby further found that, pursuant to
Section 380.06(19)(e)2, Fla. Stat. (1995), the herein change to
the subject Development Order is not subject to the public
hearing requirements of Section 380.06(19)(f)3, Fla. Stat.
(1995), or to a determination pursuant to Section 380.06(19)(f)5,
Fla. Stat. (1995).
Section 5. Upon full execution, copies of this
Resolution and its attachments shall be transmitted by the City
Manager or his designee to: Susan F. Delegal, Esq., One East
Broward Boulevard, Suite 1300, Fort Lauderdale, Florida 33301,
as authorized agent for the Developer -Applicant, Equitable Life
Assurance Society of the United States; Carolyn Dekle, Executive
Director, South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida, 33021; and James F.
Murley, Secretary, State of Florida Department of Community
Affairs, Division of Resource Planning and Management, 2740
Centerview Drive, Tallahassee, Florida, 32399.
Section 60 This Resolution s h A become effective
forty-six (46) days from the date of adoption thereof.
PASSED AND ADOPTED this L5th
ATTEST:
�����/ �Gs�-Ccs✓
WALTER OEMAN
CITY CLERK
PREPARED AND APPROVED BY:
r V/;k 14, ZZ/
E. MAXWE
Y CITY A
APPROVED AS TO FORM
AND CORRECTNESS:
��
A. Q NN JO S, III
CITY ATT Y
W690.ms:BSS
day of April 1996.
STEP EN P. CLARK, MAYOR
Section 5. This Resolution shall become effective
forty-six (46) days from the date of adoption.
PASSED AND ADOPTED this 26th day Of Ju 1994.
STEPHEN CLARK, MAYOR
ATTEST*'
MA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
eZ�
JOEL E. MAS L
DEPUTY CITY ATTORNEY
M4481/JEM/mis/osk/bss
-11-
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUNNJ S, II -
CITY ATTO' Y
00- 102
•
Notification of a Proposed Change
to a
Previously Approved Development
of
Regional Impact (DRI)
Subsection 380.06(19), Florida Statutes
Development of Regional Impact
City of Miami, Florida
January, 1996
Submitted by:
HOLLAND & KNIGHT
One East Broward Boulevard
P.O. Box 14070
Fort Lauderdale, Florida 33302-4070
;0 1
COMPOSITE EXHIBIT "A"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF RESOURCE MANAGEMENT
2740 Centerview Drive
Tallahassee, Florida 32399
(904) 488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning council, and the
state land planning agency according to this form.
1. I, Susan F. Delegal, the undersigned authorized representative
of Equitable Life Assurance Society of The United States
("Equitable"), hereby give notice of a proposed change to a
previously approved Development of Regional Impact in
accordance with Subsection 380.06(19), Florida Statutes. In
support thereof, I submit the following information concerning
the Hrickell Square Phases II and III development, which
information is true and correct to the best of my knowledge.
I have submitted today, under separate cover, copies of this
completed notification to the City of Miami, South Florida
Regional Planning Council, and to the Bureau of Resource
Management, Department of Community Affairs.
O`rck 1 �� 01 01
(Date)
(Signature)
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2. Applicant (name, address, phone).
Equitable Life Assurance Society of The United States
1150 Lake Hearn Drive.
Suite 400
Atlanta, GA 30342
(404) 848-8625 - Thomas Kennedy
3. Authorized Agent (name, address, phone).
Susan F. Delegal
Holland & Knight
One East Broward Blvd., #1300
Fort Lauderdale, FL 33301
954-525-1000
4. Location (City, County, Township/Range/Section) of approved
DRI and proposed change.
Approximately 845-999 Brickell Avenue, Miami, Dade County, FL
(See legal description attached hereto as Exhibit A)
5. Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, build -out date,
development order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
The proposed change includes only an amendment to the
commencement date of Phase II to change the commencement date
from May 1996 to December 1999 as contained in Condition 27 of
Resolution No. 83-695, as amended by Resolution No. 85-1060,
as further amended by Resolution No. 89-410, and as further
amended by Resolution No. 92-597. No other changes in the
conditions or Development Plan are being requested or
proposed.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
No change to the project master site plan is required.
6. Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the development. If
no change is proposed or has occurred indicate no change.
Not applicable.
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7. List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government jurisdiction for any portion of the development
since the last.approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
The following resolutions (copies attached) initially adopted
and amended the Development Order and Major Use Special Permit
for the Brickell Square DRI.
a. Resolution No. 83-695, adopted July 28, 1983. This
Resolution is the original resolution adopting the
Development Order and Major Use Special Permit for Phases
I, II, and III of the Brickell Square DRI.
b. Resolution No. 85-1060, adopted October 10, 1985. This
Resolution approved amendments to Phases II and III and
adopted a timeline for commencement of construction of
June 1987 for Phase II and January 1991 for Phase III,
with completion in 1993.
C. Resolution No. 89-410, adopted April 27, 1989. This
Resolution modified certain conditions of the previously
amended Development Order relating to Phases II and III
and also established a new timeline as follows:
commencement of Phase II in November 1991 and
commencement of Phase III in June, 1995, with completion
in 1997.
d. Resolution No. 92-597, adopted September 24, 1992. This
Resolution modified the previously approved Development
Order as amended to provide that on-site parking shall
not exceed 1,622 parking spaces; approved the
substitution of Tishman Speyer/Equitable Joint Venture by
Equitable Life Assurance Society of The United States as
the Developer, and amended the timeline as follows: Phase
II shall commence in May 1996, Phase III shall commence
in December 1999 and the project shall be completed in
2001. More specifically, the Development Order shall be
null and void on December 31, 2001 unless actual
construction work, excluding grading and excavating, is
substantially underway on that date.
e. Resolution No. 94-598 adopted July 26, 1994. This
Resolution amended the legal descriptions for Phases II
and III; qualified the entire Brickell Square development
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(Phases I, II and III) as a Phased Project by the City of
Miami pursuant to Section 2502 of Zoning Ordinance 11000;
deleted Condition 21 which required a unity of title
covering all properties within Phases I, II, and III to
be recorded prior to the issuance of any construction
permits for Phases II and III; and added Condition 31
requiring that a change to the Development Order for
Phases II and III cumulatively address the impacts of all
phases of.the Brickell Square DRI.
There have been no changes in the local government with
jurisdiction over any portion of the development since
the last approval of an amendment to the Development
Order.
S. Describe any lands purchased or optioned within one-quarter
(1/4) mile of the original DRI site subsequent to the original
approval or issuance of the DRI development order. Identify
such land, its size, intended use and adjacent non -project
land uses within one-half (1/2) mile on a project master site
plan or other map.
No lands have been purchased or optioned within one-quarter
mile of the original DRI site.
9. Indicate if the proposed change is. less than forty percent
(40k) (cumulatively with other previous changes) of any of the
criteria listed in Paragraph 380.06 (19) (b) , Florida Statutes.
Not applicable.
Do you believe this notification of change proposes
a change which meets the criteria of Subparagraph
380.06(19)(e)(2)., Florida Statutes?
YES X NO
10. Does the proposed change result in a change to the build -out
date or any phasing date of the project? If so, indicate the
proposed new build -out or phasing dates.
Yes, the only change is to the commencement date for Phase II.
The change is to amend the commencement date from May 1996 to
December 1999. There is no change to the completion date.
11. Will the proposed change require an amendment to the local
government comprehensive plan?
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Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), Florida
Statutes, and 9J-2.025, Florida Administrative Code:
See answer to Paragraph 13.
12. An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
Not applicable.
13. Pursuant to Subsection 380.06(19)(f), Florida Statutes,
include the precise language that is being proposed to be
deleted or added as an amendment to the development order.
This language should address and quantify:
a. All proposed specific changes to the nature, phasing, and
build -out date of the development; to the development order
conditions and requirements; to commitments and
representations in the Application for Development Approval;
to the acreage attributable to each described proposed change
of land use, open space, areas for preservation, green belts;'
to'structures or to other improvements including locations,
square footage, number of units; and other major
characteristics or components of the proposed change;
b. An updated legal description of the property, if any project
acreage is/has been added or deleted to the previously
approved plan of development;
C. A proposed amended development order deadline for commencing
physical development of the proposed changes, if applicable;
d. A proposed amended development order termination date that
reasonably reflects the time required to complete the
development;
e. A proposed amended development order date until which the
local government agrees that the changes to the DRI shall not
be subject to down -zoning, unit density reduction, or
intensity reduction, if applicable; and
f. Proposed amended development order specifications for the
annual report, including the date of submission, contents, and
parties to whom the report is submitted as specified in
Subsection 9J-2.025 (7), Florida Administrative Code.
The following proposed change to the language of Resolution
No. 92-597 is requested:
5 00— 102
FINDINGS OF FACT WITH MODIFICATIONS
THE CITY SHALL:
27. Incorporate into the Development Order for Brickell
Square a timeline showing the project phasing, specific
elements of the project plan, and conditions of the
Development Order which are to be met in each phase or by
other dates. For the purposes of this timeline, Phase II
shall commence in May, 1996 December, 1999, Phase III shall
commence in December, 1999 and the project shall be completed
in 2001. All other conditions shall be in accordance with the
schedule provided in the timeline (figure 1).
FTL1-178911
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EXHIBIT "A"
LEGAL DESCRIPTION FOR PHASE II
All that portion of Lot 11 except the North 46.73 feet thereof and
Lots 12, and 13, Block 104 South, AMENDED MAP OF BRICKELL'S
ADDITION TO MIAMI, according to the plat thereof recorded in Plat
Book "B" at Page 113 of the Public Records of Dade County, Florida,
lying west of the right-of-way for South Bayshore Drive conveyed to
the City of Miami for street purposes, said right-of-way being more
particularly described in that certain deed dated November 18,
1959, filed May 26, 1960, in Official Records Book 2076 at Page 436
of the Public Records of Dade County, Florida, and in that certain
deed, dated December 16, 1959, filed on May 16, 1960 under Clerk's
File No. 6OR-94813, in Official Records Book 2076 at Page 441 of
the Public Records of Dade County, Florida, containing an area of
90,181 square feet more or less.
LEGAL DESCRIPTION FOR PHASE III
All that portion of Lot 10 except the North 39.30 feet thereof and
the North 46.73 feet of Lot 11, Block 104 South, AMENDED MAP OF
BRICKELL'S ADDITION TO MIAMI, according to the plat thereof
recorded in Plat Book "B" at Page 113 of the Public Records of Dade
County, Florida, lying west of the right-of-way for South Bayshore
Drive conveyed to the City of Miami for street purposes, said
right-of-way being more particularly described in that certain deed
dated November 18, 1959, filed May 26, 1960, in Official Records
Book 2076 at Page 43.6 of the Public Records of Dade County,
Florida, and in that certain deed, dated December 16, 1959, filed
on May 16,. 1960 under Clerk's File No. 6OR-94813, in Official
Records Book 2076 at Page 441 of the Public Records of Dade County,
Florida, containing an area of 37,537 square feet more or less.
FTL1-178779
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CITY OP' +'L
0 4 :�NNI4G.
94 AUG - 4 PH 2: 18
J-94-600
7/26/94 94- 5 9 7
RESOLUTION N0."'��
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 83-895) FOR
THE BRICKELL SQUARE PROJECT, PHASE I. LOCATED
AT APPROXIMATELY 801-999 BRICKELL AVENUE,
MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.08, FLORIDA
STATUTES, AND A MAJOR USE SPECIAL PERMIT,
PURSUANT TO ZONING ORDINANCE NO. 9500, BY:
AMENDING THE LEGAL DESCRIPTION OF PHASE I OF
SAID ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTION CONTAINED HEREIN; FINDING AND
CONFIRMING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; HAZING
ADDITIONAL FINDINGS AND INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING
THE TRANSMITTAL OF COPIES OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 83-698, adopted duly 28,
1983. the City Commission issued a Development Order for a
Development of Regional Impact, pursuant to Chapter 380, Florida
Statutes, for the Briokell Square Project located at
approximately 801-999 Briokell Avenue, Miami, Florida,
(-Project-); and
WHEREAS. the applicant, Lucia A. Dougherty. authorized
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representative of EQUITABLE LIFE.ASSURANCR SOCIETY OF THE UNITED
STATES ("Applioant"), now desires to change the legal description
of the Project and consequently desires to amend said previously
issued Development Order; and
WHEREAS, on dune 18. 1994, the Applicant filed a
Notification of a Proposed Change to a Previously Approved
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x1rals..,Ia-. QF'
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THE APPLICANT SHALL
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28. The Applioant shall give notioe to Rtctmrd
8r±nksr Harvey Ruvin, Clerk, Dade County Cirouit Court,
73 Nest Flagler Street, Miami, Florida, 33103, for
reoording in the Offioial- Reoords of Dade County,
Florida, as follows: _ 2
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a) That the City Commission of the City of Miami,
Florida, has issued a Development Order for the S.E.
8th Street and Briokell Avenue Projeot. a Development
of Regional Impaot located at approximately 801-0"
Briokell Avenue. being
•
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a) That the City Commission of the City of Miami,
Florida. has issued a Development Order for the S.E.
8th Street and Briokell Avenue Projeot, a Development
of Regional Impaot looated at approximately 801-"t
Brickell Avenue. being
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CONCLUSIONS OF LAW
Section 3. The development as proposed:
(a) does not unreasonably interfere with the
achievement of the objectives of state land development
guidelines. regulations or plans applicable to the City of Miami;
(b) is consistent with local subdivision and platting'
requirements; and
(o) is consistent with the Report and Recommendations
of the South Florida Regional Planning Council.
Section 4. Upon full execution. this Resolution shall be
transmitted to the Developer-Applioant, LUCIA A. DOUGHERTY',
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authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE
UNITED STATES, whose address is 801 Briokell Avenue, Suite 808.
Miami, Florida 33131; Ms. Carolyn Dekle. Executive Director.
South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140. Hollywood. Florida 33021; and No. Linda L.
Shelley, Seoretary, Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee, Florida 32389.
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_Section S. This Resolution shall become effective
forty-six (46) days from the date of adoption.
PASSED AND ADOPTED this 26th day of Ju 1994.
STEPHEN Y. CLARK. MAYOR
ATTEST
MA TY HIRAI. CITY CLERK
PREPARED AND APPROVED BY:
JOEL E. MAXWZfL
DEPUTY CITY ATTORNEY
M4481/JEM/mis/csk/bss
APPROVED AS TO FORM AND
CORRECTNESS:
l.QO..
A. QU NNJ S.I
CITY ATTO
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J-94-601
7/26/94
RESOLUTION Ndq
4 — 598
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 85-1060, AS
AMENDED BY RESOLUTION -NOS. 89-410 AND 92-597)
FOR THE BRICKELL SQUARE PROJECT, PHASES II
AND III, LOCATED AT APPROXIMATELY 845-999
BRICKELL AVENUE, MIAMI. FLORIDA, A
DEVELOPMENT OF REGIONAL IMPACT. PURSUANT TO
SECTION 380.06, FLORIDA STATUTES, AND A MAJOR
USE SPECIAL PERMIT, PURSUANT TO ZONING
ORDINANCE NO. 9500, BY: AMENDING THE LEGAL
DESCRIPTONS OF PHASES II AND III OF SAID
ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTIONS CONTAINED HEREIN; AND TO DELETE
CONDITION NO. 21 OF THE ORIGINAL DEVELOPMENT
ORDER WHICH REQUIRED A UNITY OF TITLE;
FINDING THAT SAID CHANGES DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION; MAKING ADDITIONAL
FINDINGS AND INCORPORATING SAID FINDINGS IN
CONCLUSIONS OF LAW; INSTRUCTING TEE
TRANSMITTAL OF COPIES OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 85-1060, adopted
October 10, 1985, the City Commission issued a Development Order
for a Development of Regional Impaot. pursuant to Chapter 380.
Florida Statutes, and Major Use Speoial Permit, pursuant to
Zoning Ordinanoe No. 9500, for the Briokell Square Phase II and
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III 'Projeot looated at approximately 845-999 Briokell Avenue.
Miami, Florida, ("Projeot"); and
WHEREAS. pursuant to Resolution No. 89-255. adopted
April 17. 1989. the City Commission amended the timing of the
projeot by ohanging the oommenoement of Phase I1 to November
1991; Phase III to June 1995, and oompletion of the projeot to
1993 from June 1987 and January 1991, respeotively;
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C= CObwSSION
14EETING OF
County, Florida, and in that certain deed,
dated December 16, 1959, filed on May 16.
1960 under Clerk's File No. 60R-94813, in
Official Records Book 2076 at page 441 of the
Public Records of Dade County, Florida,
containing an area of 93,290 90.181 square
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North
8e 39.30 feet thereof and the North to.29
29
46.73 feet of Lot 11. Blook 104 South.
AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI,
according to the plat thereof reoorded in
Plat Book `B' at Page 113 of the Publio
Records of Dade County, Florida, lying west
of the right-of-way for South Bayshore Drive
conveyed to the City of Miami for street
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purposes.
purposes, said right-of-way being more
partioularly described in that oertain deed
dated November 18. 1959, filed May 26. 1960,
in Official Records Book 2076 at Page 436 of
the Publio Records of Dade County, Florida,
and in that oertain deed, dated Deoember 18.
1989. filed on May 16, 1960 under Clerk's
File No. 80R-94813, in Official Reoords Book
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2076 at page 441 of the Public Records of
Dade County. Florida. containing an area of
37.537 square feet more or less.
FINDINGS OF FACT WITH -MODIFICATIONS
Issuance of this Mayor Use Special Permit meets
the requirements of Ordinance 9500. the Zoning
Ordinance of the City of Miami.
THE APPLICANT, ITS SUCCESSORS,
A1M10R ASSIGNS JOINTLY OR SEVERABLY WILL:
21,,. Reserved.
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Section 3. The development as proposed:
(a) does not unreasonably interfere with the
achievement of the objectives of state land development
guidelines, regulations or plans applicable to the City of Miami;
(b) is consistent with local subdivision and platting
requirements; and
(o) is consistent with .the Report and Recommendations
of the South Florida Regional Planning Council.
Section 4. Upon full execution, this Resolution shall be
transmitted ;to the Developer-Applioant, LUCIA A. DOUGHERTY.
authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE
UNITED STATES, whose address is 801 Briokell Avenue, Suite 808.
Miami, Florida 33131; Ms. Carolyn Dekle, Executive Director,
South Florida Regional Planning Counoil, 3440 Hollyvood
Boulevard, Suite 140, Hollywood. Florida 33021; and Ms. Linda L.
Shelley, Seoretary, Florida Department of Community Affairs, 2740
Centerviev Drive, Tallahassee, FL 32399.
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J-92-221
7/6/92
RESOLUTION N0. 92— -097
A RESOLUTION, WITH ATTACHMENTS, P.MENDING A
PREVIOUSLY APPROVED DEVELOPI214T ORDER
(RESOLUTION 85-1060, ADOPTED OCTOBER 10,
1985, AS AMENDED BY .RESOLUTION 89-410,
ADOPTED APRIL 27, 1989, ATTACHED) FOR THE
BRICKELL SQUARE PROJECT, PHASES II AND III,
LOCATED AT APPROXIMATELY 845-9109 BRICKELL
AVENUE, A DEVELOPMENT OF REGIONAL IMPACT,
PURSUANT TO SECTION 380.06, FLORIDA STATUTES,
AND A MAJOR USE PURSUANT TO ZONING ORDINANCE
NO. 9500, BY: AMENDING CONDITION 27 OF SAID
DEVELOPMENT ORDER BY CIa1ANGING THE
COMMENCEMENT OF PHASE II TO MAY, 1996 AND
PROVIDING FOR A COMPLETION DATE OF DECEMBER
2000, AND PHASE III TO DECEMBER 1999, AND
PROVIDING FOR A NEW COMPLETION DATE OF THE
PROJECT.TO DECEMBER 2000 (FROM PREVIOUS DATES
OF NOVEMBER 1991, OF JUNE 1995s. AND 1997,
RESPECTIVELY); BY REVISING FIGURZ 1 TIMELINE
ACCORDINGLY; BY AMENDING CONDITION 28D TO
CHANGE THE TERMINATION DATE OF -THE
DEVELOPMENT ORDER TO DECEMBER 31. 2001, FROM
DECEMBER 1996; BY CHANGING THE NAME OF THE
APPLICANT TO EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES; BY AMENDIF's CONDITION 1
TO PROVIDE THAT THE MAXIMUM NUMBER OF ONSITE
PARKING SPACES SHALL NOT EXCEED 1,622; BY
AMENDING AND EXTENDING THE MAJOR USE SPECIAL
PERMIT IDENTICALLY; FURTHER FINDING AND
CONFIRMING THAT SAID CHANGEi DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION AS WELL AS
ADDITIONAL FINDINGS, AND INCOR?ORATING SAID
FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING
THE TRANSMITTAL OF A COPY. OF THIS RESOLUTION
TO THE HEREIN NAMED PERSON; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, by Resolution 85-1060, Oct=be= 10, 1985, -'.he City
Commission issued a Development Order end Major Use Special
Permit for the Brickell Square Phase II and III Project• located
t� 1 1 AC49 All E.::TCONTAINED
CITY COMMISSION
NBETING OF
SEP 2 4 1992
Resolution Na
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at 845-999 Brickkeell Avenue, a Development of Regional Impact,
pursuant to Chapter 380., Florida Statutes, and a Major Use
Special Permit pursuant to Zoning Ordinance 9500; and
WHEREAS, by Resolution 89-255, April 17, 1989, the City
Commission changed the timing of the Project, by changing the
commencement of Phase II to November 1991; Phase III to June
1995, and completion of the project to. 1593 from June 1987 and
January 1991, respectively; and
WHEREAS, this project was originally approved under Zoning
Ordinance 9500 and per Section 2105 Zoning Ordinance 11000 and
continues in that status; and
WHEREAS, the applicant, Equitable Life Assurance Society of
the United States ' has assumed the interests of Tishman
Speyer/Equitable Joint Venture, and now desires to- change again
the timing of the project and consequently desires to amend the
previously issued Development Order; and
WHEREAS, on November 27, 1991, the applicant filed
"Notification of a Proposed Change to a Previously approved
Development of Regional Impact (DRI) Subsection '380.06(19),
Florida Statutes" with the Florida Department of C=mmunity
Affairs, the South Florida Regional.Planr_irtT Council and the City
of Miami; and
WHEREAS, on November 127, 1991, the applicant applied for an
amendment to the previously issued Development Order and Major
Use Special Permit; and
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WHEREAS thisi p
ect is ro 'art of ths4ase of the Downtown
p
Miami Development of Regional Impact Development Order as a
permitted development and there is no need to reserve development
credits; and
WHEREAS, per Section .380.06, Florida Statutes there is a
presumption of substantial deviation for this requested time
extension which can only be rebutted by clear and convincing
evidence to the contrary; and
WHEREAS, the Planning Advisory Board on March 11, 19,02, Item
No. 3, recommended APPROVAL of the time extension in a 9 to 0
vote; and further recommended a finding of no substantial
deviation; and
WHEREAS, the applicant is also desirous of amending
Condition 1 of the Development Ordgr to provide that the maximum
number of onsite parking spaces not exceed 1,622 and identically
amending the Major Use Special Permit; and
WHEREAS, the City Commission considers this resoluticn to be
in the best interest of the citizens of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby approved, confirmed, and adopted
by reference thereto and incorporated herein as if fully set
forth in this Section.
Section 2. Exhibit "A" of Resolutions 85-1060! dated
October 10, 1985 as amended by Resolution 89-410, dated April 17,
— 3 —.c�•ag
1989 (attached) the Development Order and the Major Use Special
Permit for the Brickell Square Project Phases II and III Project
is hereby amended in the following respects:1/
FINDINGS OF FACT WITH MODIFICATIONS
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THE APPLICANT SHALL:
1. Incorporate the following Into the project
design and operation to minimize the cumulative impact
of project traffic, and its associated pollutant
emissions, or air quality and energy uses:
Not exceed -1,622 onsite parking sp ces_as determined b
parking space trip generation rate set forth in the
Brickell Square Parking Analysis.
THE CITY SHALL:
27. Incorporate into the Development Order for
Brickell Square a timeline showing the project phasing,
specific elements of the project plan, and conditions
of the Development Order which are tc be met in each
phase or by other dates. For purposes of this
_timeline, Phase II shall commence in Nevem$er,r^m
May, 1996, Phase III shall commence in
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures she:; be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
December, 1999 and the project shall be completed in
1997 2001. All other conditions shall be in accordance
with the schedule provided in the timeline (figure 1).
28. Require, within 30 days of the effective date
of the Development Order, recordation of the Brickell
Square Development Order with the Clerk, Dade County
Circuit Court, pursuant to Section 380.06(14), Florida
Statutes (1984), specifying that the Development Order
runs with the land and is binding on the Applicant, its
successors, and/or assigns jointly or severally, and
shall include the following:
a. That the City Commission of the City of Miami,
Florida, has issued a Development Order for the
Brickell Square Project, Phases II and III a
Development of Regional Impact located at 845-999
Brickell Avenue.
b. That the Developer of the Brickell Square Project
is
Equitable Life Assurance Societv of the United
States, with offices at 777 Erickell Avenue,
Miami, Florida 33131.
C. That the Development Order with any modifications
may be examined in the City Cleric's Offices, 3300
Pan American Drive, Dinner Rey, Miami, Florida
33133.
d. That the Development Order constitutes a iaZd
development regulation applicable to the property;
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that the conditions contained in this Development
Order shall run with the land and bind all
successors in interest; it being understood that
recording of this notice shall not constitute a
lien, cloud or encumbrance on real property, nor
actual nor constructive notice of any of the same.
This Development Order shall be considered null
and void BKe.-.—'x December 31, 2001,
unless actual construction work, excluding grading
or excavating, is substantially ender way on that
date.
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CONCLUSIONS OF LAW
The Brickell Square Project Phases II and X11,
proposed by T+9ffeift
Equitable Life Assurance Society of the United States,
complies with the Miami Comprehensive Neighborhood
Plan, is consistent with the orderly development and
goals of the City of Miami, and complies with local
land development regulations.
The proposed development does not unreasonably
interfere with the achievement of the o'.-jectives of the
adopted State Land Development Plan arplicable to the
City of Miami; and
The proposed -development is gene=ally consistent
with the Report and Recommer&atjons of the Sczth
Florida Regional Planning Council and does not
-6-
_po. - -
C'rt a, v •
unreasonably interfere with any of the considerations
and. objectives set forth in Chapter 380, Florida
Statutes.
Changes in the projects which do not exceed
development parameters set forth in the Applications
for Development Approval and Report and Recommendation
of the Regional Planning Council shall not constitute a
substantial deviation under Chapter 380, Florida
Statutes notwithstanding City zoning approvals which
may be required.
The phasing schedule changes to the original
Brickell Square Phases II and III DRI Development Order
set forth herein do not constitute a substantial
deviation under Chapter 380,*=Florida Statutes (Supp.
1988).
Section 3. The proposal is not affected by, or. have an
effect on, the Downtown Miami Development of Regional Impact
Development Orders (Resolutions 87-1148 and 1149; December 10,
1987). This project is a permitted development assumed to be in
the base of these Development Orders.
Section 4. The City ,Manager is hereby instructed to direct
the Director of Planning, Building and Zoning to transmit a copy
of this Resolution Lucia A. Dougherty; Greenberg, Traurig,
Hoffman, Lipoff, Rosen and Quentel, 1221 Brickell Avenue, Miami,
Florida 33131; Carolyn Dekle, Executive Director, South -lorida
Regional Planning Council, 3440 Hollywood Boulevard, Suite' 140,
��_ 02 - -�
I 1
0 0
Hollywood, Florida 33021, and Randall Kelly, Assistant Secretary,
Florida Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24+-h
ATT
MATITY HIRAI
City Clerk
PREPARED AND APPROVED BY:
LINDA KELLY KEA,RSON
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:.
A Q• N ES, III
City P'tt ey
LKK/pb/M2851
-8-
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a. tomo Cs*fsslan %MS-deter"tAed that tae project Is Is comfarslty
i alta tae odoptrd "ism Cagrehensive Belghfor%ooa plan. ;. :� ,+
a. Tae Larks/an sat deter-iseo that tae project It is accord with .. "
the district Coming classification of leftist Ordlaante 9600.
•' =� i t. [ae City Commission fisd% that Ow project would sot "to ~: ,
40" Iowt an air orality. grwAd dater. soils. animal
s.
.eg!tatton. warts watrr weirs nt or solid vete disposal, and
t ;.
'forther flsdo Wt It -Nwld have o avow of posltile '/Wiacts .
All The masts of construction of "am It sand III M11 -total
ont"imstely illi William and rowre a total N I.t7O ?�
1 alluted on _ i M: , _y.; •
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Is tat rW40- peroonaat ooiWoeat so **wk t.749. aitf - _ti
2.049 Was relocated flow 01"M the teglan. and 700 Maly ,f� •� 1
• created sort. M osttaated !ii* wt114w vould "eepraawt :'-�'•{��'ti
*, value added to tide revinal acomm. .:.
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r til flea prefect td11�fffttewtl so imam" •Anb11C' _ 1�•�:{: .:
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ad.eeterel remeees of the Doty; ace
,h- fie "W project will not adm SAY affect living coneltlawi In
7.
.� tae sellworhood; and - :.:;r,''�' •S~i!
17) ?* project Vold no! aevrestly affect Jobllc safety; tee � #J
?; (6) toot there Is a public.neee fo► toes prosect.
A Section !. A Aetelep m- Ord* and Ila er Ilio special !!raft; *tta free
+X .
Q., j. aerate ei Cahlblt or awe arae a Vert thereel by reference, "goof *J, oftfi-'
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:ane
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fl
`; �'+ ;# �h�eesent a.e!ht Cw�c:'ct>y name �p►trri,�tt s.t sra►,P.iss�s %.
• : � ' 3`s :�Cttaot �.� '�IiR �S� /01 K tfte _ liesth' tiMr'1ei
'�1aw�taS teiec0_1. - !tt�erhM hllrMte in `IFditbtt 1� ?'" fac+rjirftsl"
;� �a II` .�s • ' '•.�.. ; .,. • . � •; ;:. •�rS+.�,r► �,a•:� -; _, • ,'; .may`
1 ` .t eofer�t�e. J • ^,. •.M! ', '•.l ti , *i' P••:i �J•tih- ,>a .•. 7 �; .:�iye„1
�. .., ��' r i i' 1 OM1' •,:1.:. ��_. ? +t _ '•. 1' .
•sectio. i. 'shit dveteiieemerit *a V atf its e>l�es +fit_
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7-x!41. . • 1� , a- • r: �, • jt.-
Olu -
•
J -B5 -loll
9 -30 -BS
RESOLD N NO. 6� lt?60 S. F R p C.
A RESOLUT L HE BRICKELL SQUARE
PROJECT LII )(MORE PARTICULARLY Nov 20 t985
DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL
IMPACT PROPOSED BY TISHMAN-SPEYER/EQUITASLE
JOINT VENTURE; AUTHORIZING A DEVELOPMENT ORDER
AND MAJOR USE SPECIAL PERMIT; APPROVING SAID
PROJECT WITH MODIFICATIONS AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY
OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO
THE CONDITIONS OF THE DEVELOPMENT ORDER,
ATTACHED HERETO AS EXHIBIT 'A', THE
APPLICATION FOR DEVELOPMENT APPROVAL
INCORPORATED HEREIN BY REFERENCE, AND THE
REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL, ATTACHED
HERETO AS EXHIBIT '8', INCLUSIVE, AND
INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS; PROVIDING THAT THE PERMIT SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; FURTHER, DIRECTING THE CITY CLERK TO
SEND COPIES OF THE HEREIN RESOLUTION AND
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND
THE DEVELOPER.
WHEREAS, Tishman-Speyer/Equitable Joint Venture has submitted a complete
Application for Development Approval for a Development of Regional Impact to
the South Florida Regional Planning Council pursuant to Section 380.06 Florida
Statutes, and did receive a favorable recommendation for a proposed development
order as set forth in the Report and Recommendations of the South Florida
Regional Planning Council; and
WHEREAS, the Miami Planning Advisory Board, at its greeting held on
September 4, 1985, following an advertised hearing, adopted Resolution No. P;'
49-85 by a 8 to 0, recommending approval with modifications of the Development
of Regional Impact; and
WHEREAS, a recommendation from the Miami Planning Advisory Board has been
forwarded as required by Ordinance 8290; and
WHEREAS, the City Commission has conducted a public hearing on October 10,
1984, having considered the Application for Major Use Special Permit and the
Application for Development Approval and the Report and Recommendations of the
South Florida Regional Planning Council; and
WHEREAS, the City Commission has determined that all legal requirements
have been compiled with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Development Order as
hereinafter set forth; and CITY. COMMISSION
VrETING OF
J k)
1 OCT 110 t9BS
0
e ' •
WHEREAS, the City Commiss`-- — noted with approval that Tishman-
® Speyer/Equitable Joint Venture h-0 ed to contribute the sun of S1,120,808
to the City's Housing Trust Fund, or build approximately 42,030 GSF of
affordable housing, pursuant to Section 1556.2.2 of the City's Zoning Code.
NOW, THEREFORE; BE IT RESOLVED QY THE COM'"'SSION OF THE CITY OF M:AI-1:,
FLORIDA:
FINDINGS OF FACT
Section 1. THe following findings of fact are made with respect to the
project:
a. The Cornission has determined that the project is in conformity
with the adopted Miami Comprehensive Neighborhood Plan.
b. The Commission has determined that the project is in accord with
the district zoning classification of Zoning Ordinance 9500.
c. The City Commission finds that the project would not create
adverse impact on air quality, ground water, soils, animal life,
vegetation, waste water management or solid waste disposal, and
further finds that it would have a number of positive impacts
including:
(1) The costs of construction of Phases II and III will total
approximately $116 million and require a total of 1,730
employees. Approximately e% or S101,137,085 will be spent
in the region. Permanent employment may reach 2,749, with
2,049 being relocated from within the region, and 700 newly
created jobs. An estimated $66 million would represent
value added to the regional economy.
(2) An annual surplus of over 2.8 million dollars to taxing
jurisdictions with approximately 999,311 for Miami,
5659,821 for Dade County, $753,715 for the School District,
and 541,745 for the South Florida water Management District
and special districts combined.
(3) Access and circulation should be improved by the applica--:
fair share contribution toward a southbound left turn la—
and, signalization at Brickell Avenue/S. E. IO Strut, tr,
closing of the median opening at Brickell Aven.,e ant
Anbassador Drive, and the restriping of S. W. ? S'-ect
from S. W. 2 Avenue to S. W. 3 Avenue, for a fair spa -
total of S122,407.
f
CYO— ION2 9' ra
e. The City Commission also f® that:
(1) The project will have a favorable impact on the economy of
the City; and
(2) The project will efficiently use public trar.s5ortatien
facilities; and
(3) The project will favorably affect the need for peoplo to
find adequate housing reasonably accessible to their places
.of employment; eel
(4) Th= project will efficiently use necessary public
facilities; and
(5) The project will have a favorable impact on the environment
and natural resources of the City; and
(6) The project will not adversely affect living conditions in
the neighborhood; and
(7) The project would not adversely rffect public safety; and
(8) That there is a public need for the project.
Section 2. A Development Order and Major Use Special Permit, attached
hereto as Exhibit "A" and made a part thereof by reference, approving with
modifications, the BrickPll Square Project Phases I: and. III, a Develop^1art cf.
Regional Impact, proposed by Tishman-Speyer/Equitable Joint Venture, fo-
approximately 845-999 Brickell Avenue (legal description on file witr. tri.
Department of Planning and Zoning Boards Administration), be and the sa,% is
hereby granted and issued.
Section 3. The Consolidated Application for Development Ap;r;v5' As
revised pursuant to Condition 15 Exhibit "A" is incorporated herein by
reference and relied upon by the parties in discharging their statutory duties
under Section 380.06, Florida Statutes and local ordinances. Substant4a'
compliance with the representations contained in the Application fc
Development Approval is a condition for approval unless waived or mo!ifi;=
agreement among the Council, City and Applicant, its successors and.'or =s:
jointly and severably.
Section 4. The Report and Recommendations of the South Flcr;;=
Planning Council, attached hereto as Exhibit "B" are incorporates
reference.
Section 5. The development order, as approve!, shall be
applicants and any successors in interest.
d
�U- 2
Section 5. The City Cle... ereby authorized and directed to send
certified copies of this Resolution immediately to: the Florida Department of
Veteran and Community Affairs, Division of Local Resource Management, 2511
Executive Center Circle East, Tallahassee, Florida 32301; the South Florida
Regional Planning Council, 3440 Hc'lyroo^_ Boulevard, Suite 140, Hollywoo•,
Florida 33021; and Tishman-Speyer/Equitable Joint Venture, c/o Tishman 14ey!r
Properties, 777 Brickell Avenue, Miami, Florida 33131.
Section 7. The recitals of fact referred to in the herein "Whereas"
clauses are true and correct and made a part thereof.
PASSED AND ADOPTED this loth day of OCTOBEP, 1925.
MA4T 'Fi Aft FWU'_
ATT T•
L--�
Mr -
APPROVED AS TO .!'. AND
PREPARED AND APPROVED BY: CORRECTNESS:
and r. ;�- So _Ozt:4
AS STANT CITY ATT NET CITY ATT .4EY
-4-
..
.-I r
.,V4 Sr _�
- Oj2
® EXHIBIT
ATTACHMENT
TO
RESOLUTION \ ; _ . �•
OCTOBER 10,7—
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT:
BRICKELL SQUARE: PHASES II AND III
Let it be known that the Corrnission of the City of Miami, Florida, has
considered in public hearing on October 10, 1935; the issuance of a
Development Order for a Development of Regional Impact pursuant to Section
380.06 Florida Statutes, said development to be located in the City of Miami,
at approximately 845-999 Brickell Avenue, being
LEGAL DESCRIPTION
FOR PHASE I1
All that portion of Lot 11 except the North 43.29 feet thereof and
Lots 12 and 13, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITICt:
TO MIAMI, according to the plat thereof recorded in Plat Book "B" at
Page 113 of the Public Records of Dade County, Florida, lying wes.
of the right-of-way for South Bayshore Drive conveyed to the City cf
Miami for street purposes, said right-of-way being more particularly
described in that certain deed dated November 18, 1959, filed May
26, 1960 in Official Records Book 2076 at Page 436 of the Public
Records of Dade County, Florida, and in that certain deed, dated
December 16, 1959, filed on May 16, 1960 under Clerk's File No. 6OR-
94913, in Official Records Book 2076 at Page 441 of the Public
Records of Dade County, Florida, containing an area of 91,299 square
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North 35.96 feet the►eef a -.-
the North 43.29 feet of Lot 11, Block 104 South, AMENOE:-
BRICKEL:'S ADDITION TO MIAMI, according to the plat therecf
in Plat Book "B" at Page 113 of the Public Reco•ds of Da':
Florida, lying west of the right-of-way being —�,c pa-;'•:ula
des:ribed in that certain deed dated 115venbt 10, 1959, filed May
�r r
26, 1960 in Official Records 8• 16 at Page 436 of the Public
Records of Dade County, Floricll�and in that certain deed, dated
December 16, 1959. filed on May 16, 1960 under Clerk's File No. 6OR-
94813, in Offfcfal Records Book 2076 at Page 441 of the Public
Records of Dade County, Florida, containing an area of 37,537 square
feet, more or less.
and after due consideration of the recommendations of the Planning Advisory
Board and after due consideration of the consistency of this proposed
development with pertinent regulations and the Report and Recommendations of
the South Florida Regional Planning Council pertaining to the Development of
Regional Impact takes the following action:
Approval of Application for Development Approval subject to the following
modifications:
FINDING OF FACT WITH MODIFICATIONS
Development
The development proposed 1,279,792 gross square feet of floor area, comprised
of the following elements as specified by the applicant in the Application for
Development Approval, and figures submitted by applicant dated 8/15/95, for
phases II and III.
Phase II, south tower - 21 floors, 383.5 ft. (MSL to top of parapet)
- 438,000 GSF of office uses
- 17,000 GSF of retail uses
- 255,000 GSF of parking area
Phase III, center tower - 35 floors, 471' (MSL to top of parapet)
- 454,507 GSF of office uses
- 5.285 GSF of retail uses
- 105.000 GSF of parking area
Loading Area
- 5,000 GSF for 9 berths
For Three Phases
Open sp!-e -
161,794
gsf
Pedestrian open space-
86,792
gsf
Plaza -
55,557
gsf
Parking -
1,791
spaces
9 levels (above
and below grade)
,.� n2
n F•.t. t-1'-:(.
The OceJatt is further limit" * the following considerations:
'TM 60011caole or" ilia" and Drocealree of the City of Miami. and
deN100a111t plans svbnitUd by Stideere. Drisgs and Merrill. dazed
April 17. 1911. rwvised May if. INS. July 1, 19Of. July a. 19".
•and Augwst 17. 1911 for Tishown-SNyer proportion . srlciell Avenue
Mina►!.
The awelo0oawt as proposed dome not unreasonably interfere via the
Aclo"ebant of the bun"t"s af suu land do"loveent guidelines. or ptasa
aplica010 that City of Mlnd.
The deeela0elent as plopm is coolnent ria local sewTislon and platting
reset foments.
The emlopmen as prevem is calf/start with the summary and recemmmatlons
Cmui%" Is ad 01MIsvasllt of Re"wei impact AssesaaGIS for /rictell
Square De Imanit of Itoomal tam* Ne. GLIM. dazed July. 1991 era►and ey
an Sea U /lends Re"EMA ►1.aailog C~I.
The prejaet. as daflsed Imantlately absew. beets the rogeiresomu far the
issvmice of a Osselesert Oreer veru/slag to a DMIamsnt of Regional laws
as rgeiree weer F.S. 7/0.0{. _
Issuance of tons mor use Special Permit ants ad reeuirwsents of ordtllaaee
9400. tee to leg Ordisalles of the City of M1al.
Tii9 APPLICANT, 173 SlIMMM, AWAR ASSIt.'ta JUMT Q U117AILT Mills
1. InaaMwou ens follewi" lop the *"feet desI" and mention to '"*'win
the claalative impact of presen traffic. and its assalated Nltmtent
emissions. or air enllty ad eeerp use:
'llmeignete five percent of esmleyee parting spaces. located as clue as
possible to eloveter ano oulleing entrances. for aaeinul.r w' we •+Waal
Attinraty encourage ane promote car and .an pooling by establishing a car
VMS information program. and offering Orwfellld parting spars and was
smil" to ear and ran pale".
�4
.I-
102 or o
'Provide Metrorail, Metrobus, Metromover, and shuttle service route and
® schedule information in convenO :ations throughout the project.
Promote staggered flex -time wo chedules, four day work weeks, or other
management actions and marketing strategies, that reduce peak demand for
roadway capacity and thereby reduce transportation energy use.
2. Place temporary screens, berms, and/or rip -rap around the project to filter
or retain stormwater runoff during construction.
3. Design, construct, and maintain the stormoater management system to meet
the following standards:
'Retain the runoff from a 5 -year storm on-site, and construct the project
drainage system in accordance with all representations in the ADA.
'Prohibit any and all washdown of parking areas, unless wastewater is
diverted to grass swales of landscaped areas with adequate capacity to
retain the total volume of runoff.
4. Incorporate into the development, by restrictive covenant and/or lease or
sales agreements, as applicable, hazardous materials accident prevention,
mitigation, and response standards. At a minimum, these standards shall:
Require that areas within buildings where hazardous materials or hazardous
wastes are to be used, generated, or stored shall be constructed with
impervious floors, without drains, to ensure containment and facilitate
cleanup of any spill or leakage.
'Require that the loading/unloading of any hazardous material or hazardous
waste shall occur in a covered loading/unloading dock with a spill
containment area not connected to the project drainage or sewer system.
'Prohibit any outside storage of hazardous materials or hazardous waste.
'Require all hazardous waste generators to contract with a licensed public
or private hazardous waste disposal service or processing facility and to
provide to Dade County DERM copies of one of the following forms of
documentation of proper hazardous waste management practices:
-a hazardous waste manifest;
-a shipment to a permitted hazardous waste management
facility; or
-4-
-a confirmation of receipt cl -terials from a recycler or
® a waste exchange operatir�
'Notify any tenant generating wastes of the penalties for improper disposal
of hazardous waste pursuant to Section 403.717, Florfda Statutes.
'Allow reasonable access to facilities for monitoring by the City, Dade
County DERM, and Florida DER to assure compliance with this Development
Order and all applicable laws and regulations.
For the purposes of this Development Order, a hazardous waste generator shall
be defined as the Applicant and any tenant that falls under a SIC code listed
in Exhibit 1 (DRI Assessment, page 61) attached hereto and incorporated herein
by reference, and that uses, stores, or generates hazardous wastes. Hazardous
wastes are defined as ignitable, corrosive, toxic, or reactive wastes,
including those identified in Exhibit 2 (DRI Assessment, page 66); provided,
however, that the uses in Exhibit 1 and the wastes in Exhibit 2 shall be
simultaneously amended upon the addition or deletion of any or all of the
listed uses, materials, or wastes by amendment to the "County and Regional
Hazardous Haste Assessment Guidelines" incorporated by reference into Rule 17-
31.03(2). Florida Administrative Code.
S. Remove all invasive exotic plants from the prosect site as the site is
cleared, and use only those plant species specified in Exhibit 3
(DRI Assessment, page 67) in future project landscaping.
6. Prior to any site clearing, consult with and follow the recommendations of
the City of Miami Parks Department on transplanting trees presently on-
site.
7. Notify Dade County, one month prior to start of construction, and allow
access for construction monitoring, and delay construction up to three
months in any area where potentially significant historic or archaeological
artifacts are uncovered, and permit State and local archaeologists to
survey and excavate the area.
S. Obtain a general drainage permit from the South Florida Hater Management
District and necessary approvals from Dade County Hater and Sewer Authority
(MASA) for provision of water and wastewater service to the project, and
from Dade County Public Yorks Department for solid waste disposal service,
prior to issuance of any certificates of occupancy.
9. Collaborate with the Police Depto incorporate security measures and
systems into the design and opera on of the project.
Permit Miami Police Department to conduct a security survey at option of
Department. Developer to report to Development Order Monitoring Official,
prior to issuance of building permit, how and to what extent the Police
Department recommendations have incorporated into project security and
construction plans.
Provide roof space for a communications antenna and supporting structure
for the City's emergency communication system, if required, said antenna
and appurtenances together with necessary services shall be at City of
Miami expense. The applicant shall retain the right of architectural
approval.
10. At the request of the City, within one year of the effective date of this
Development Order, enter into an agreement with the Police Oepartment to
contribute a fair share of police capital facilities needed to resolve City
concerns, if necessary and required by the City. The fair share
contribution is to be considered an offsetting credit against any future
City impact fees.
11. Enter into an agreement with the City, if required, to contribute a fair
share of capital facilities required to provide adequate fire service to
the project, or, alternatively, pay a fair share contribution pursuant to
an adopted City impact fee ordinance, pertaining to fire service if such
impact fee ordinance is adopted by the City prior to obtaining final
certificates of occupancy for more than 500,000 square feet of office
development, excluding Phase I, on-site. The fair share contribution is to
be considered an offsetting credit against any future City impact fee.
12. Incorporate the following energy conservation measures into the
development:
'Air conditioning energy efficiencies (EER) equal to or greater than 12.0
or less than 0.65 KM/Ton.
'Measures that effectively yield, in the cooling mode, R-7 in walls and R-
19 in ceiling;.
'Heat producing areas and equipment (cooking, water heating, etc.) isolated
from air conditioned areas.
'Computerized elevator control system in all high-rise structures.
'Individual electric metering of tenants.
310 s:. - V-) G
e
OU
Y
'Minimal use of incanoescent iignting, ano use or r;uorescent task iignting
and indirect sunlight where C le.
water temperatures set below 105oF where allowed by health codes
and equipment requirements.
'Lavatory water flow of 0.8 gallons per minute or less and water closets
that use no more than three and one-half gallons per flush.
'Light -reflecting and/or light colored wall and roof surfaces, with solar
absorption coefficients less than or equal to 0.50.
'Use of airlock doors (vestibules) at major entrances on the east side of
Phase III.
'Bicycle support facilities, includes secure bike racks or storage areas,
and, if feasible, lockers and showers for project employees.
'Maximum flexibility of air conditioning systems to cool only occupied
areas (on a floor -by -floor basis at minimum).
'Air distribution using a variable air volume system.
'Central energy management systems that.provide, as applicable, start/stop
optimization, time of day scheduling, electric demand limiting, night
temperature set back/startup, programmed maintenance, and building
lighting control.
'Natural gas or other non -electric energy sources for cooking and water
hearing in restaurants.
'Solar water heaters or waste heat recovery units to preheat cooking and
washing hot water in restaurants, where feasible.
'Exterior shading or tinted or reflective glass to reduce the amount of
direct sunlight entering air conditioned areas.
'The applicant shall prepare a statement signed by the registered project
architect that all energy conservation conditions contained in Condition
14 have been met in the preparation of the detailed construction drawings,
prior to issuance of a building permit.
13. Construct all roadway and intersection improvements identified in Exhibit 4
(DRI Assessment, page 71) and dedicate the improvements to the City, prior
to issuance of final certificates of occupancy for more than 500,000 gross
square feet of development on-site, including Phase I deveiupment; or fund,
bond, or provide a letter of credit for 5130,000 (1985 dollars) to the City
for construe*ion 0 ft!e improvements.
14. Prior to issuance of final certificates of occuoamcy for more than 500,000.
gross square feet on-site, including Phase I development, fund, bond, or
provide a letter of credit for $4,358 (1985 dollars) for construction of
-7-
other transportation irmrovemer o be determined by the City in the
traffic impact area Exhibit 5O Assessment, Page 72).
15. Prior to issuance of final certificates of occupancy for more than 500,000
gross square feet on-site, including Phase I development, enter into an
agreement with the County to fund, bond, or provide a letter of credit in
an amount not to exceed $196,200 (1985 dollars) to the County annually for
construction of the Brickell leg of Metromover Stage II. This amount may
be adjusted annually to reflect payoff of the bonds or other financial
obligations incurred for Metromover Stage II construction according to
terms specified in the agreement in a manner similar to adjustments
currently made annually for the Downtown Miami Special Taxing District for
the People Mover. If construction of the Brickell leg of Metromover Stage
II has not begun by January 1, 1992, all funds provided to the County
pursuant to this condition, plus interest, are to revert to the Applicant
by March 1, 1992. Otherwise, the requirements of this condition will
terminate when all bonds for the Brickell leg of Metromover Stage II
construction have been retired. In the event that a special taxing
district for funding the Brickell leg of Metromover Stage II is established
by a local ordinance,, the payment requirements of the special taxing
district shall supercede the requirements of this condition, and any
payments of funds to the County shall be credited against the special
taxing district assessments.
16. Incorporate into the route and schedule information required by Condition I
herein promotional material for the County -operated shuttle service to an
from the Brickell Avenue metrorail station; provided however that, if the
County discontinues this service prior to operation of the Brickell leg of
Metromover Stage II, the Applicant shall provide weekday shuttle service to
and from the Brickell Avenue Metrorail Station at no cost to riders at 10 -
minute intervals form 7:00 to 10:00 a.m. and from 3:30 p.m. to 6:30 p.m.,
and at 30 -minute intervals between 10:00 a.m. ,and 3:30 p.m. until
Metromover Stage II begins revenue service. Applicant provision of this
shuttle service jointly with other Brickell area developers shall
constitute compliance with this condition as long as the specified
intervals are maintained and adequate capacity to serve project transit
trips is provided.
17. Integrat: all original and supplemental ADA information into a Consolidated
Application for Development Approval (CADA), and submit three copies of the
CADA to the Council, one copy to the City, and one copy to the Florida
-B- 111 vu A V V
G0 ®�
.r
f
® Department of Community Affairs i ninety (90) days of the effective
date of this Development Order. ® CADA shall be prepared as follows:
'Where new clarification, or revised information was prepared subsequent to
submittal of the ADA but prior to issuance of the D0; whether in response
to a formal Information Adequacy Statement or otherwise, the original
pages of the ADA should be replaced with revised pages.
'Revised pages should 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 the revision was submitted.
18. Prepare and submit to the Council, City, and Florida Department of
Comnunity Affairs, an annual monitoring report containing an assessment of
compliance with all conditions of the Brickell Square Development Orders,
Phases I, II and III, complete responses to the questions contained in the
Annual Monitoring Questionnaire (Exhibit 7 DRI Assessment, page 82) and
included herein by reference, any other information required by Section
380.0604)(c)(3). Florida Statutes (1984, or State rules, and the
following:
'Identification of all tenants that meet the criteria established in
Exhibit 1 and 2 of the Council DRI Assessment (pages 61-66).
'For each such tenant, copies of one of the following types of
documentation of appropriate hazardous waste disposal:
-a hazardous waste manifest
-a bill of loading from a bonded hazardous waste transporter indicating
shipment to a permitted hazardous waste management facility, or
-a confirmation of receipt of material from a recycler, a waste exchange
operation, or other permitted hazardous waste facility.
'The applicant is to provide the City with a signed statement prior to the
issuance of the Certificate of Occupancy that all conditions contained in
Condition No. 15 have been met.
'Such affidavits as may be required by the City pursuant to Condition 26
herein.
19. Provide 2 fire hydrants on Brickell Avenue and 1 fire hydrant on S. E. 8
Street, restriping of parking spaces,.landscaping on the south side of the
project, and that a clear area be maintained along Brickell Avenue to
provide proper vision for police vehicles, pursuant to comments of the
Miami Large Scale Development Committee, at its meeting of May 29, 1985.
20. Prior to the issuance of a building oermit for the Brickell Square Project
for increased floor area in excess of 3.25 F.A_R., the owners must obtain
from the City of Miami a certification that the requirements of the
.9- 312
Offsite Affordable Housing provisions per Section 1556.2:2,
Ordinance 9500, have been met t Phe amount of 1.00 F.A.R.
21. Prior to the issuance of any construction permit in Phases 2 and 3, a
Unity of Title covering all properties within Phases 1, 2 and 3 shall be
submitted to the City for recordation in the public records.
THE CITY WILL:
22. Consult with the Applicant to ensure incorporation of security measures and
systems into the design and operation of the project, including provision
for emergency helicopter hovering above the roof of the office towers.
23. Withhold issuance of final certificates of occupancy for more than 500,000
gross square feet of development on-site, includinq Phase I, until the
Applicant has compiled with Conditions 10, 11, 13, 14, 15, and 16 herein.
24. Cooperate with the County in the development and adoption of appropriate
County ordinances to extend the Metromover special taxing district to the
Brickell area or to impose a one time transit impact fee on all development
benefiting from Metromover.
25. Provide that the effectiveness of the Development Order shall be stayed and
no further development permits thereunder shall be granted, until such time
as an Amended ADA, providing updated information, is submitted to the
Council, City, and State and an Amended Development Order issued, if
Condition 15 has not been met within three (3) years of the effective date
of this Development* Order or if construction of the Brickell leg of
Metromover Stage II has not begun by January 1. 1992. If this condition is
triggered by events outside the control of the Applicant, the scope of the
Amended AOA and the review thereof shall be limited to air quality and
transportation information, impacts, and issues; and the applicant will be
able to complete any development for which permits have been issued,
provided that such development does not exceed 950,000 square feet on-site,
including Phase I development. Air quality and transportation information
in the amended ADA shall be in the format specified in Exhibit 6 (DR:
Assessment, page 73) or, at the option of the Council, another. format may
be specified. Should the Development Order be stayed pursuant to this
condition, nothing herein shalt be construed to limit Condition 29 below
that this Development Order runs with the land, and its terms and
conditions are binding on the Applicant, its successors, and/or assigns.
to 1111 A'�� n ��•a
00— 1.02 1
-0
26. Require that the annual repor� submitted to the Council, City, and
Department of Community Affairs . Al on the anniversary of the effective
date of the Development Order. The annual report shall include, at a
minimum, a complete response to each question in Exhibit 7 (ADA Assessment,
page 82) and any other information required by DLA in accordance with
Section 380.06(14)(C)(3), Florida Statutes (1984). The Planning Director,
City of Miami Planning Department, or a project director to be named later,
is hereby designated to receive this report and to monitor and assure
compliance with this Development Order. Development Order conditions shall
be reviewed by the City prior to issuance of any development permit and for
those conditions that cannot be reasonably monitored is part of local
permitting and inspection processes, a notarized form from the applicant
assuring compliance with such Development Order conditions is to be
included in the annual report.
27. Incorporate into the Development Order for Brickell Square a timeline
showing the project phasing, specific elements of the project plan, and
conditions of the Development Order which are to be met in each phase or by
other specified dates. (Figure 1).
28. Require, within 30 days of the effective date of the development order,
recordation of the Brickell Square Development Order with the Clerk, Dade.
County Circuit Court, pursuant to Section 380.06(14)(d). Florida Statutes
(1984), specifying that the Development Order runs with the land and is
binding on the Applicant, its successors, and/or assigns, jointly or
severably, and shall include the following:
a. That the City Commission of the City of Miami, Florida, has issued a
Development Order for the Brickell Square Project, Phases II and III a
Development of Regional Impact located at 845-999 Brickell Avenue.
b. That the developer of the Brickell Square Project is Tishman-
Speyer/Equitable Joint Venture, with offices at 777 Brickell Avenue.
Miami, Florida 33131.
c. That the Development Order with any modifications may be examined in
the City Clerk's Offices, 3500 Pan American Drive, Dinner Key, Miami.
Florida 33133.
d. That the Development Order constitutes a land development regulation
applicable to the property; that the conditions contained in this
Development order shall run with the land and bind all successors in
interest; it being understood that recording of this notice shall not
_11_ 314 & i C).:r:
ci
Is
constitute a lien, cloud oumbrance on real property, nor actual
nor constructive notice of any of the same. This development order
shall be considered null and void by December of 1996, unless actual
construction work, excluding grading or 'excavating, is substantially
under way on that date.
29. Work with the applicant to prepare a Minority Participation and
Employment Plan to be submitted within ninety (90) days of the issuance of
this Development.
30. Work with the applicant to develop a Minority Contractors/Subcontractors
Participation Plan to be submitted within ninety (90) days of the issuance
of this Development Order.
CONCLUSIONS OF LAW
The Brickell Square Project, prepared by Tishman-Speyer/Equitable Joint Venture
complies with the Miami Comprehensive Neighborhood Plan, is consistent with the
orderly development and goals of the City of Miami, and complies with local
land development regulations.
The proposed development does not unreasonably interfere with the achievement
of the objectives of the.adopted State Land Development Plan applicable to the
City of Miami; and
The proposed development is generally consistent with the Report and
Recommendations of the South Florida Regional Planning Council and does not
unreasonably interfere with any of the considerations and objectives set forth
in Chapter 380, Florida Statutes.
Changes in the project which do not exceed development parameters set forth in
the Application for Development Approval and Report and Recommendations of the
Regional Planning Council shall 'not constitute a substantial deviation under
Chapter 380 Florida Statutes, notwithstanding City Zoning approvals which may
be required.
U-
102
WHEREAS. by Resolution 85-1060, October 10, 1985, the City
Commission issued a Development Order and Major Use Special
Permit for the Brickell Square Phase II and III Project, located
at 845-899 Brickell Avenue, a Development of Regional Impact,
pursuant to Chapter 360. F.S., and Major Use pursuant to Zoning
Ordinance 9500; and
WHEREAS, The applicant, Tishman Speyer/Equitable Joint
Venture, now desires to change the timing of the Project and
consequently desires to amend the previously issued Development
Order; and
WHEREAS, on December 27, 1988, the applicant filed
'Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) Subsection 380.06(19),
Florida Statutes' with the Florida Department of Community
Affairs, the South Florida Regional Planning Council and the City
of Miami: and
CITY COMMISSION
MEETING OF
APR 27 1989
YAMM
w
4/17/855
1/17/89
RESOLUTION NO. 99-410. .
A RESOLUTION, WITH ATTACHMENT, AMENDING A
PREVIOUSLY APPROVED DEVELOPMENT ORDFR
(RESOLUTION 85 OCTOBER 10
ATT FOR THEE BR BRICKELL SQUARE RASES II
AND PROJECT, APPROXIMATELY
BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06 FLA. STAT.
(SUPP. 1988), AND MAJOR USE PURSUANT TO
ZONING ORDINANCE NO. 9500 BY AMENDING
CONDITION 25 TO EXTEND A DEADLINE; CONDITION
27 OF SAID DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMENT OF PHASE II TO NOVEMBER 19911
PHASE III TO JUNE 1995, FROM JUNE 1987,
JANUARY 1991 AND 1993, RESPECTIVELY: FURTHER
FINDING AND CONFIRMING THAT SAID CHANGES DO
NOT CONSTITUTE A SUBSTANTIAL DEVIATION
PURSUANT TO SECTION 380.06, FLA. STAT. (SUPP.
1968), AND THAT SAID CHANGES ARE NOT PART OF
THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND
11491 DECEMBER 10, 1987)1 INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAW: DIRECTING THE
CITY CLERK TO SEND COPIES OF THIS RESOLUTION
TO AFFECTED AGENCIES AND THE DEVELOPER: AND
CONTAINING AN EFFECTIVE DATE.
WHEREAS. by Resolution 85-1060, October 10, 1985, the City
Commission issued a Development Order and Major Use Special
Permit for the Brickell Square Phase II and III Project, located
at 845-899 Brickell Avenue, a Development of Regional Impact,
pursuant to Chapter 360. F.S., and Major Use pursuant to Zoning
Ordinance 9500; and
WHEREAS, The applicant, Tishman Speyer/Equitable Joint
Venture, now desires to change the timing of the Project and
consequently desires to amend the previously issued Development
Order; and
WHEREAS, on December 27, 1988, the applicant filed
'Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) Subsection 380.06(19),
Florida Statutes' with the Florida Department of Community
Affairs, the South Florida Regional Planning Council and the City
of Miami: and
CITY COMMISSION
MEETING OF
APR 27 1989
YAMM
w
WHEREAS, on February 1*989, the applicant applied for an
amendment to the previously -issued Development Order; Major Use
Special Permit and a reservation of development credits pursuant
to the City of Miami Downtown DRI: and
WHEREAS, on April 27, 1989, the City Commission held an
advertised public hearing to consider this application for
amendment and whether it constituted a substantial deviation
under Chapter 380, Florida Statutes: and
WHEREAS, the City Commission'considers this resolution to be
in the best interest of the citizens of the City of Miami:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby approved, confirmed, and adopted
by reference hereto and incorporated herein as if fully set forth
in this section.
Section 2. Exhibit A of Resolution 85-1060; Fated October
10, 1985 (attached) the Development Order and Major Use Special
Permit for the Brickell Square Project Phases II and III Project
is hereby amended in the following respects:l/
FINDINGS OF FACT WITH MODIFICATIONS
THE CITY SHALL:
25. Stay the effectiveness of the
Development Order and no further
development permits thereunder shall be granted, until
such time as an Amended ADA, providing updated
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-2-
I"
2-
p
a. information, is submi•.,,,�,;; to the Council, City, and
State and an Amended Development Order issued, if
Condition 15 has not been met within three (3) years of
the effective date of this Amended Development Order or
if construction of the Brickell leg of Metromover State
II has not begun by January 1, 1901p 1995. If this
condition is triggered by events outside the control of
the Applicant, the scope of the Amended ADA and the
review thereof shall be l-Lmited to air quality and
transportation information, impacts and issues; and the
applicant will be able to complete any development for
which permits have been issued, provided such
development does not exceed 950,000 square feet on-
site, including Phase I development. Air quality and
transportation information in the amended ADA shall be
in the format specified in Exhibit 6 (DRI Assessment,
page 73) or, at the option of the Council, another
format may be specified. Should the Development Order
be stayed pursuant to this condition, nothing herein
shall be construed to limit Condition 27 below that
this Development Order runs with the land, and its
terms and conditions are binding on the Applicant, its
successors, and/or assigns.
e � �
27. Incorporate into the Develooment Order for
Brickell Square a timeline showing the project phasing,
specific elements of the project plan, and conditions
Of the Development Order which are to be met in each
phase or by other dates. For purposes of this
timeline, Phase II shall commence in November, 1991,
Phase III shall commence in June, 1995 and the project
shall be completed in 1997. All other conditions shall
be in accordance with the schedule provided in the
timeline (figure 1).
00- x.02
r
V
CONCLUSIONS OF LAM
The Brlckell Square Project, proposed by Tishman
Speyer/Equitable Joint Venture, complies with the Miami
Comprehensive Neighborhood Plan, is consistent with the
orderly development and goals of the City of Miami, and
complies with local land development regulations.
The proposed development does not unreasonably
interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the
City of Miami: and
The proposed development is generally consistent with
the Report and Recommendations of the South Florida
Regional Planning Council and does not unreasonably
interfere with any of the considerations and objectives
set forth in Chapter 380, Florida Statutes.
Changes in the project which do not exceed development
parameters set forth in the Aoplication for Development
Approval and Report and Recommendation of the Regional
Planning Council shall not constitute a substantial
deviation under Chapter 380 Florida Statutes (Supp.
1988) notwithstanding City zoning approvals which may
be required.
The phasing schedule changes to the original Brickell
Square Phases II and III DRI development order set
forth herein do not constitute.a substantial deviation
under Chapter 380 Florida Statutes (Supp. 1988)
Section 3. The proposed are not affected by, or have an
effect on, the Downtown Miami Development of Regional Impact
Development Orders (Resolution 87-1148 and 11491 December 10,
1987).
-4-
OU 0c IV
Section 4. This Re0tion shall bo transmitted to
Lucia A. Dougherty; Greenberg, Traurig, Hoffman, Lipoff, Rosen
and Ouentel, 1221 Brickell Avenue. Miami, FL 33131: Jack
Osterholt, Executive Director, South Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida
33021, and Thomas Pelham, Secretary, Florida Department of
Community Affairs, 2740 Centerview Drive, Tallahassee, Florida
32399.
Section 5. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 27th day of , 1989.
XAVIER UAREZ, MAYOR
ATTEST:
/i P• C1 ��.`.. .
MA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
u �l
��77 L, E. MAXWELL
(C IEF ASSISTANT CITY ATTORNEY
APPROVED AS TO PORN AND
CORRECTNESS:
JORGE L. FEANDEZ
CITY ATTORN
JEM/d/db/M974
4F
J-97-480
7/24/97
RESOLUTION NO. 97— 554
A RESOLUTION, WITH ATTACHMENT(S), AMENDING A
PREVIOUSLY APPROVED DEVELOPMENT ORDER
(RESOLUTION NO. 85-1060, ADOPTED
OCTOBER 10, 1985, AS AMENDED BY RESOLUTION
NO. 89-410, ADOPTED APRIL 27, 1989,
RESOLUTION NO. 92-597,_ ADOPTED
SEPTEMBER 24, 1992, RESOLUTION NOS. 94-597
AND 94=598 ADOPTED JULY 26, 1994, AND
RESOLUTION 96-290 ADOPTED APRIL 25, 1996, ALL
ATTACHED), FOR THE BRICKELL SQUARE PROJECT,
PHASES II AND III, LOCATED AT APPROXIMATELY
845-999 BRICKELL AVENUE, A DEVELOPMENT OF
REGIONAL IMPACT, PURSUANT TO SECTION 380.06,
FLORIDA STATUTES, AND A MAJOR USE SPECIAL
PERMIT, PURSUANT TO PRIOR ZONING ORDINANCE
NO. 9500, BY AMENDING THE USES PROPOSED FOR
THE SITE TO INCLUDE RESIDENTIAL AND HOTEL
USES; BY AMENDING THE DEVELOPMENT ORDER TO
REMOVE THE OBLIGATION THAT THE PROJECT BE
DEVELOPED ACCORDING TO THE MASTER DEVELOPMENT'
PLAN INCLUDED IN THE APPLICATION FOR
DEVELOPMENT APPROVAL (ADA); BY INCREASING THE
NUMBER OF PERMITTED PARKING SPACES ON THE
PROPERTY; AND BY MAKING A CLARIFICATION THAT
THE PROJECT MUST COMMENCE BY THE SPECIFIED
DATES; FINDING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING
ADDITIONAL FINDINGS; INSTRUCTING TRANSMITTAL
OF COPIES OF THIS RESOLUTION TO AFFECTED
AGENCIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Resolution No. 85-1060, adopted
October 10, 1985, the City Commission issued a Development Order
for a Development of Regional .Impact, pursuant to Chapter 380,
Florida Statutes (1995), and a'Major Use Special Permit, pursuant
to prior Zoning Ordinance No. 9500, for the Brickell Square
jATTACHMENT (S)
,*CONTAINED
0-- 102
c TY comusSION
ME"!'LNG of-
JUL
FJUL 2 4 1997
Reswubou Na
{ - r
0 . 0
Phase II and III Project located at approximately 845-999
Brickell Avenue, Miami, Florida, ("Project"); and
WHEREAS, pursuant to Resolution No. 89-410, adopted
April 27, 1989, the City Commission amended the timing of the
project by changing the commencement of Phase II to
November, 1991; Phase III to June, 1995, and completion of the
entire project to 1997; and
WHEREAS, pursuant to Resolution No. 92-597, adopted
September 24, 1992, the City Commission amended the timing of the
project once again by changing the commencement of Phase II to
May, 1996; Phase III to December, 1999, and completion of the
entire project to December of the year 2001; and
WHEREAS, Resolution No. 92-597 also changed the name of the
applicant, and provided that the number of on-site parking spaces
shall not exceed 1,622 spaces; and
WHEREAS, pursuant to Resolution Nos. 94-597 and 94-598,
adopted on July 26, 1994, the City Commission amended the
Development Order by amending the legal description of the
project and removing one of the conditions of the project which
required a Unity of Title for all three phases of the project;
and
WHEREAS, pursuant to Resolution No. 96-290, adopted
April 25, 1996, the City Commission. approved an amendment to the
Development Order in order to extend the commencement date of
Phase II from May, 1996 to December, 1999; and
Ulu
2 -
WHEREAS, said project was originally approved under prior
Zoning Ordinance No. 9500, and pursuant to Section 2105 of Zoning
Ordinance No. 11000, continues in that status; and
WHEREAS, the applicant, Equitable Life Assurance Society of
the United States ("Applicant"), whose authorized representative
is Lucia A. Dougherty, Esq., now desires to amend the proposed
uses to include residential and hotel uses, to remove the
obligation that the project be developed according to the master
development plan included in the Application for Development
Approval (ADA), to increase the number of permitted parking
spaces on the property by 299 spaces, (from a current total of
1,622 allowed parking spaces to a total of 1,921 parking spaces)
and to make a clarification that the project must commence by the
specified dates; and
WHEREAS, on May 9, 1997, the Applicant filed a Notification
of a Proposed Change to a Previously Approved Development of
Regional Impact (DRI) pursuant to Subsection 380.06(19), Florida
Statutes (1995), with the Florida Department of Community
Affairs, the South Florida Regional Planning Council, and the
City of Miami; and
WHEREAS, on May 9, 1997, the Applicant applied for an
amendment to said previously -issued Development Order; and
WHEREAS, the proposed amendment does not constitute a
substantial deviation pursuant to Section 380.06(19) (e) (2),
Florida -Statutes (1995), and, thus is not subject to a
substantial deviation hearing or determination by the City of
Miami; and Or1k � 10
�•�
- 3 -
( -1 0
WHEREAS, the Miami Planning Advisory Board, at its meeting
of June 30, 1997, Item No. 2, following an advertised hearing,
adopted Resolution No. PAB 45-97 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL of amending the Development Order of
the Brickell Square Project, Phases II and III, as hereinafter
set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
said Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this 'Resolution pertaining to substantial deviation
as Conclusions of Law are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2a. Resolution No. 85-1060, adopted October 10,
1985, as amended by Resolution No. 89-410, adopted April 27,
1989, Resolution No. 9275971 adopted September 24, 1992,
Resolution Nos. 94-597 and 94-598, adopted July 26, 1994,
Resolution No. 96-290, adopted April 25, 1996, of the Brickell
0— UZ
- 4 -
El
0
Square Project, and attached hereto as a part of Composite
Exhibit "A" of this Resolution, is hereby amended as follows:l/
"RESOLUTION NO. 85-1060
FINDINGS OF FACT
Section 3. The Consolidated Application for
Development Approval as revised pursuant to
Condition 15, Exhibit "A" is incorporated herein by
reference and relied upon by the parties in discharging
their statutory duties under Section 380.06, Florida
Statutes and local ordinances. Substantial compliance
with representations contained in the Application for
Development Approval is a condition for approval unless
waived or modified by agreement among the Council, City
and Applicant, its successors and/or assigns jointly
and severably. Notwithstanding thp forpgning- any ci
WyAIM
Section 4. The Report and Recommendations of the
South .Florida Regional Planning Council, attached
hereto as Exhibit "B" are incorporated herein by
reference. Notwithstanding the foregoing, any cite
an sdevel_o m n plans, l andyra�� lane, or any other
ans, or ci ila d =i_ctions of nrojec d d v to m n
that are contain rl within the Apnli a ion or
Devel onment A= = royal f_ to e h r wi h ny textiial
descri_= t_i one or r f en pc fa such 1 anc , except as
provided in Spntinn 4.1 below, shall b d m d
l� words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
0�
- 5 -
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- .• - •. •_ •• 11 . •• •
WAR1 . • • - - .. . - • . - : - • • •
• • - - - , •
-Me• • • - - • • 11 - • • • •
Section 2b. Exhibit "A" of Resolution No. 85-1060,
adopted October 10, 1985, as amended by Resolution No. 89-410,
adopted April 27, 1989, Resolution No. 92-597, adopted
September 24, 1992, Resolution Nos. 94-597 and 94-598, adopted
July 26, 1994, Resolution No. 96-290, adopted April 25, 1996, of
the Brickell Square Project,
and attached hereto as a part of
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•-•- •• ►• a •• •-
- •
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Section 2b. Exhibit "A" of Resolution No. 85-1060,
adopted October 10, 1985, as amended by Resolution No. 89-410,
adopted April 27, 1989, Resolution No. 92-597, adopted
September 24, 1992, Resolution Nos. 94-597 and 94-598, adopted
July 26, 1994, Resolution No. 96-290, adopted April 25, 1996, of
the Brickell Square Project,
and attached hereto as a part of
0
6 - — ,
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Composite Exhibit "A" of this Resolution, is hereby amended as
f ollows : Z/
EXHIBIT A
DEVELOPMENT ORDER
ME
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
FINDINGS OF FACT WITH MODIFICATIONS
gpeelfie'd by the—appli-eant
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and fi
the. Applieatien fir
tted by the
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applie a t dated 8� 15�5
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and TLT
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28 fleercg,
383.5 ft. Ipg6 te
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438,0G-9 GGF
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454,090
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6,285
of Eetall uses
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THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY
OR SEVERABLY WILL:
1. Incorporate the following into the project design
and operation to minimize the cumulative impact of
project traffic, and its associated pollutant
emissions, or air quality and energy uses:
Not exceed 1,622 1,921 onsite parking spaces as
determined by parking space trip generation rate set
forth in Brickell Square Parking Analysis.
8. Obtain a general drainage permit from the South
Florida Water Management District and necessary
approvals from Dade County Water and Sewer Authority
(WASA) for provision of water and wastewater service to
the project,and from Dade County Public Works
Department for solid waste disposal service, prior to
the issuance of any certificates of occupancy.
THE CITY SHALL:
27. Incorporate into the Development Order for.
Brickell Square a timeline showing the project phasing,
specific elements of the project plan, and conditions
of the Development Order which are to be met in each
phase or by other dates. For purposes of this
timeline, Phase II shall commence 4ra by December, 1999,
Phase III shall commence 4ra by December, 1999 and the
project shall be competed in 2001. All other
conditions shall be in accordance with the schedule
provided in timeline (figure 1).
log
- 10 -
r
Section 3. It is hereby found that the development
change, as proposed:
(a) does not unreasonably interfere with the achievement of
the objectives of state land development guidelines,
regulations or plans applicable to the. City of Miami;
and
(b) is consistent with local subdivision and platting
requirements; and
(c) is consistent with the Report and Recommendations of
the South Florida Regional Planning Council; and
(d) as a result of the aforementioned, does not constitute
a substantial deviation pursuant to Section 380.06(19)
Fla. Stat. (1995).
Section 4. It is hereby further found that, pursuant to
Section 380.06(19)(e)2, Fla. Stat. (1995), the herein change to
said Development Order is not subject to the public hearing
requirements of Section 380.06(19) (f)3, Fla . Stat. (1995) , or to
a determination pursuant to Section 380.06(19)(f)5, Fla. Stat.
(1995) .
Section 5. Upon full execution, copies of this
Resolution and its attachments. shall be transmitted by the City
Manager or his designee to: Lucia A. Dougherty, Esq., 1221
Brickell Avenue, Miami, Florida 33131, as authorized agent for
the Developer -Applicant, Equitable Life Assurance Society of the
United States;, Carolyn Dekle, Executive Director, South Florida
Regional Planning Council, 3440 Hollywood Boulevard, Suite 140,
Hollywood, Florida, 33021; and James F. Murley, Secretary, State
of Florida Department of Community Affairs, Division of Resource
Planning and Management, 2740 Centerview Drive, Tallahassee,
Florida, 32399.
Section 6. This Resolution shall become effective
forty-six (46) days from the date of adoption thereof.
PASSED AND ADOPTED this 24th
ATTE T:
WALTER J. POEMAN
CITY CLERK
PREPARED AND APPROVED BY:
GEORGE It. WYSONG, II
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
W1723/GKW%BSS/amr
day of July , 1997.
- 12 -
G- 1v 2
COMPOSITE EXHIBIT "A"
J-96-238
4/2/96 • O _
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, AMENDING A
PREVIOUSLY APPROVED DEVELOPMENT . ORDER
(RESOLUTION NO. 85-1060, ADOPTED
OCTOBER 10, 1985, AS AMENDED BY RESOLUTION
NO. 89-410, ADOPTED APRIL 27, 1989,
RESOLUTION NO. 92-597, ADOPTED
SEPTEMBER 24, 1992, AND RESOLUTION
NO. 94-598-, ADOPTED JULY 26, 1994, ALL
ATTACHED), FOR THE BRICKELL SQUARE PROJECT,
PHASE II, LOCATED AT APPROXIMATELY 845-999
BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06, FLORIDA
STATUTES, AND A MAJOR USE SPECIAL PERMIT.
PURSUANT TO PRIOR ZONING ORDINANCE NO. 9500,
BY AMENDING CONDITION NUMBER 27 OF THE
DEVELOPMENT ORDER TO EXTEND THE COMMENCEMENT
DATE OF PHASE II FROM MAY OF 1996 TO DECEMBER
OF 1999; FINDING THAT SAID CHANGE DOES NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING
ADDITIONAL FINDINGS; INSTRUCTING TRANSMITTAL
OF COPIES OF THIS RESOLUTION TO AFFECTED
AGENCIES; AND PROVIDING FOR AN EFFECTIVB
DATE.
WHEREAS, pursuant to Resolution No. 85-1060, adopted
October 10, 1985, the City Commission issued a Development Order
for a Development of Regional Impact, pursuant to Chapter 380,
Florida Statutes, and a Major Use Special Permit, pursuant to
prior Zoning Ordinance No. 9500, for the Brickell Square Phase II
and III Project located at approximately 845-999 Brickell Avenue,
Miami,, Florida, ("Project"); and
WHEREAS, pursuant to Resolution No. 89-255, adopted
April 17, 1989, the City Commission amended the timing of the
project by changing the commencement of Phase II to
ATTACHMENT (S)I
CONTAINED
O- u2
CITY COMMSSION
. KEETLNG OF
APR 2 5 1996
Resolution No.
94..*`=°4
Novemzer, lyyl; mase 111 �o oune, iyy7, and compl_r-ion of c.ne
entire projeo to 1993 from June 1 and January 1991
respectively; and
WHEREAS, pursuant to Resolution No. 92-597, adopted
September 24, 1992, the City Commission amended the timing of the
project once again by changing the commencement of Phase II to
May 1996; Phase III to December of 1999, and completion of the
entire project to December of the year 2001; and
WHEREAS, Resolution No. 92-597 also changed the name of the
applicant, and provided that the number of on-site parking spaces
shall not exceed 1,622 spaces; and
WHEREAS, pursuant to Resolution No. 94-598, adopted on
July 26, 1994, the City Commission amended the Development Order
by amending the legal description of the project and removing one
of the conditions of the project which required a Unity of Title
for all three phases of the project; and
WHEREAS, this project was originally approved under prior
Zoning Ordinance No. 9500, and pursuant to Section 2105 of Zoning
Ordinance No. 11000, continues in that status; and
WHEREAS, the applicant, Susan Delegal, authorized
representative of Equitable Life Assurance Society of the United
States ("Applicant"), now desires to extend the commencement date
of Phase II from May of 1996 to December of 1999; and
WHEREAS, on March 1, 1996, the Applicant filed a
Notification of a Proposed Change to a Previously Approved
Development of Regional Impact- (DRI) pursuant to
Subsection 380.06(19), Florida Statutes (1995), with the Florida
- 2 -
- 10
Department of "ommunit.y Affairs, the So• h Florida Regional
Planning Counc -0 and the City of Miami; a,
WHEREAS, on March 1, 1996, the Applicant applied for an
amendment to said previously -issued Development Order; and
WHEREAS, the proposed amendment does not constitute a
substantial deviation pursuant to Section 380.06(19)(e)(2),
Florida Statutes .(1995_), and, thus is not subject to a
substantial deviation hearing or determination by the City of
Miami; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of March 20, 1996, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 12-96 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL of amending the Development Order of
the Brickell Square Project, Phase Ii, as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
said Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. Exhibit "A" of Resolution No. 85-10600
adopted October 10, 1985, as amended by Resolution No. 89-410,
adopted April 27, 1989, Resolution No 92-597, adopted
- 3 -
u— SU4
September 24, ' 12, and Resolution No. 94 -48, adopted July 26,
1994, of the*.ickell Square Project, a*attached hereto as a
part of Composite Exhibit "A" of this Resolution, is hereby
amended as follows:l/
EXHIBIT A
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
FINDINGS OF FACT WITH MODIFICATIONS
t * t
THE CITY SHALL:
• t t
27. Incorporate into the Development Order for
Brickell Square a timeline showing the project phasing,
specific elements of the project plan, and conditions
of the Development Order which are to be met in each
phase or by other dates. For purposes of this
timeline, Phase II shall commence in May,
December. 1999, Phase III. shall commence in December
1999 and the project shall be competed.in 2001. All
other conditions shall be in accordance with the
schedule provided in timeline (figure 1).
t # t
Section 3. It is hereby found that the development
change, as proposed:
(a) does not unreasonably interfere with the achievement of
the objectives of state land development guidelines,
1' Words and/or figures stricken through shall be deleted Underscored words and/or figures shall be added.
The remaining provisions are now in effect and remain unchanged Asterisks indicate omitted and
unchanged material.
4 -
102
regulations or plans applicable ro the City of Miami;
and �.
(b) is consistent with local subdivision and platting
requirements; and
(c) is consistent with the Report and Recommendations of
the South Florida Regional Planning Council; and
(d) as a result of the aforementioned, does not constitute
a substantial deviation pursuant to Section 380.06(19)
Fla. Stat. (1995).
Section 4. It is hereby further found that, pursuant to
Section 380.06(19)(e)2, Fla. Stat. (1995), the herein change to
the subject Development Order is not subject to the public
hearing requirements of Section 380.06(19)(f)3, Fla. Stat.
(1995), or to a determination pursuant to Section 380.06(19)(f)5,
Fla. Stat. (1995) .
Section S. Upon full execution, copies of this
Resolution and its attachments shall be transmitted by the City
Manager or his designee to: Susan F. Delegal, Esq., One Bast
Broward Boulevard, Suite 1300, Fort Lauderdale, Florida 33301;
as authorized agent for the Developer -Applicant, Equitable Life
Assurance Society of the United States; Carolyn Dekle, Executive
Director, South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida, 33021; and James F.
Murley, Secretary, State of Florida Department of Community
Affairs, Division of Resource Planning and Management, 2740
Centerview Drive, Tallahassee, Florida, 32399.
- 5 -
U0 10 062
-
,t �
Section 6� This Resolution sh ' become effective thereof.
forty-six (46) days from the date of adoption Y Y p ereof .
PASSED AND ADOPTED this 25th day of April 1996.
STEP P. CLARK, MAYOR
ATTEST:
QawIu
WALTER J •
CITY CLERK
PREPARED AND APPROVED BY:
Loi
FPL S. MAXWERL
UTY CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
A..Q 0 S, II
CITY TTY
w690.Doc:BSS
0- 102
N*31cation of a Proposq4pChange
to a
Previously Approved Development
of
Regional Impact (DRI)
Subsection 380.06(19), Florida Statutes
Development of Regional Impact
City of Miami, Florida
January, 1996
Submitted by:
HOLLAND & KNIGHT
One East Broward Boulevard
PA Box 14070
Fort Lauderdale, Florida 33302-4070
COMPOSITE EXHIBIT "A"
00- 102
�
STATE OF FLOR
DEPARTMENT OF MMUNITY AFFAIRS 0
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF RESOURCE MANAGEMENT
2740 Centerview Drive
Tallahassee, Florida 32399
(904) 488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning council, and the
state land planning agency according to this form.
i. I, Susan F. Delegal, the undersigned authorized representative
of Equitable Life Assurance Society of The United States
( Equitable"), hereby give notice of a proposed change' to a
previously approved Development of Regional Impact in
accordance with Subsection 380.06(19), Florida Statutes. In
support thereof, I submit the following information concerning
the Brickell- Square Phases II and III development, which
information is true and correct to the best of my knowledge.
I have submitted today, under separate cover, copies of this
completed notification to the City of Miami, South Florida
Regional Planning Council, and to the Bureau of Resource
Management, Department of Community Affairs.
101 01 "A
(Date) I (Signature)
1
),_0�.. -
2
3
4.
Applicanjoname, address, phone).
Equitable Life Assurance Society of The
1150 Lake Hearn Drive
Suits 400
Atlanta, GA 30342
(404) 848-8625 - Thomas Kennedy
Authorized Agent (name, address, phone).
Susan F. Delegal
Holland 4 Knight
One East Broward Blvd., 81300
Fort Lauderdale, FL 33301
954-525-1000
United States
Location (City, County, Township/Range/Section) of approved
DRI and proposed change.
Approximately 845-999 Brickell Avenue, Miami, Dade County, FL
(See legal description attached hereto as Exhibit A)
S. Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, build -out date,'
development order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
The proposed change includes only an amendment to the
commencement date of Phase 11 to change the commencement date
from May 1996 to December 1999 as contained in Condition 27 of
Resolution No. 83-695, as amended by Resolution No. 85-1060,
as further amended by Resolution No. 89-410, and as further
amended by Resolution No. 91-597. No other changes in the
conditions or Development Plan are being requested or
proposed.
Indicate such changes on the project master site plan,
supplementing with other detailed_ maps, as appropriate.
Additional information maybe requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
No change to the project master site plan is required.
6. Complete the attached Substantial Deviation Determination
Chart for all.land use types approved in the development. If
no change is proposed or has occurred indicate no change.
Not applicable.
2
4
7. List al
i,*the dates 'and resolut• numbers (or ot;-er
appropridentification numbers)4 all modifications or
amendments to the originally approve all
development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e.., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
.development order for the project?
The following resolutions (copies attached) initially adopted
and amended the Development Order and Major Use Special Permit
for the Brickell Square DRI.
a. Resolution No. 83-695, adopted July 28, 1983. This
Resolution is the original resolution adopting the
Development Order and Major Use Special Permit for Phases
I, II, and III of the Hrickell Square DRI.
b. Resolution No. 85-1060, adopted October 10, 1985. This
Resolution approved amendments to Phases II and III and
adopted a timeline for commencament of construction of
June 1987 for Phase II and January 1991 for Phase III,
with completion in 1993.
C. Resolution No. .89-410, adopted April 27, 1989. This
Resolution modified certain conditions of the previously
amended Development Order relating to Phases II and III
and also established a new timeline as follows:
commencement of Phase II in November 1991 and
commencement of Phase III in June, 1999, with completion
in 1997.
d. Resolution No. 91-597, adopted September 24, 1992. This
Resolution modified the previously approved Development
Order as amended to provide that on-site parking shall
not exceed 1,621 parking spaces; approved the
substitution of Tishman Speyer/Equitable Joint venture by
Rquitable Life Assurance Society of The United States as
the Developer, and amended the timeline as follows: Phase
II shall commence in May 1996, Phase III shall commence
in December 1999 and the project shall be completed in
2001. More specifically, the Development Order shall be
null and void on December 31, 2001 unless actual
construction work, excluding grading and excavating, is
substantially underway on that date.
e. Resolution No. 94-598 adopted July 26, 1994. This
Resolution amended the legal descriptions for Phases II
and III; qualified the entire Hrickell Square development
3
llW
(P #s I, IZ and I11) as a PhaProject by the City of
Mi pursuant to Section 2502 Xoning Ordinance 11000;
deleted Condition 21 which required a unity of title
covering all properties within Phases I, II, and III to
be recorded prior to the issuance of any construction
permits for Phases II and III; and added Condition 31
requiring that a change to the Development Order for
Phases II and III cumulatively address the impacts of all
phases of the Hrickell Square DRI.
There have been no changes in the local government with
jurisdiction over any portion of the development since
the last approval of an amendment to the Development
Order.
e. Describe any lands purchased or optioned within one-quarter
(1/4) mile of the original DRI site subsequent to the original
approval or issuance of the DRI development order. Identify
such land, its size, intended use and adjacent non -project
land uses within one-half (1/2) mile on a project master site
plan or other map.
No lands have been purchased or optioned within one-quarter
mile of the original DRI site.
9. Indicate if the proposed change is. less than forty percent
(40%) (cumulatively with other previous changes) of any of the
criteria listed in Paragraph 380.06 (19) (b) , Florida Statutes.
Not applicable.
Do you believe this notification of change proposes
a change which meets the criteria of Subparagraph
380.06(19)(e)(2)., Florida Statutes?
YES X NO
10. Does the proposed change result in a change to the build -out
date or any phasing date of the project? If so, indicate the
proposed new build -out or phasing dates.
Yen, the only change is to the commencement date for Phase II.
The change is to amend the commencement date from May 1996 to
Decomber.1999. There is 22 change to the completion date.
11. will the proposed change require an amendment to the local
government comprehensive plan?
n
CU' I
No.
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), Florida
Statutes, and 9J-2.025, Florida Administrative Code
See answer to Paragraph 13.
12. An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
Not applicable.
13. Pursuant to Subsection 380.06(19)(f), Florida Statutes,
include the precise language that is being proposed to be
deleted or added as an amendment to the development order.
This language should address and quantify:
a. All proposed specific changes to the nature, phasing, and
build -out date of the development; to the development order
conditions and requirements; to commitments and
representations in the Application for Development Approval;
to the acreage attributable to each described proposed change
of land use, open space, areas for preservation, green belts; -
to structures or to other improvements including locations,
square footage, number of units; and other major
characteristics or components of the proposed change;
b. An updated legal description of the property, if any project
acreage is/has been added or deleted to the previously
approved plan of development;
C. A,proposed amended development order deadline for commencing
physical development of the proposed changes, if applicable;
d. A proposed amended development order termination date that
reasonably reflects the time required to complete the
development;
e. A proposed amended development order date until which the
local government agrees that the changes to the DRI shall not
be subject to down -zoning, unit density reduction, or
intensity reduction, if applicable; and
f. Proposed amended development order specifications for the
annual report, including the date of submission, contents, and
parties to whom the report is submitted as specified in
Subsection 9J-2.025 (7), Florida.Administrative Code.
The following proposed change to the language of Resolution
No. 92-597 is requesteds
5
IU— -Q� 5.43
rr—O90m°� J -
QIMX2S�O�FA•WITE MOD ,.ATI0NS
THE CITY SHALL:
27. Incorporate into the Development Order for Brickell
Square a timeline showing the project phasing, specific
elements of the project plan, and conditions of the
Development Order which are to be met in each phase or by
other dates. For the purposes of this timeline, Phase II
shall commence in Mmyv 1996 December. 1999, Phase III shall
commence in December, 1999 and the project shall be completed
in 2001. 'All other conditions shall be in accordance with the
schedule provided in the timeline (figure 1).
FTL1-178911
6
C0- 1aZ1
® EXHIBIT "A" 0
LEGAL DESCRIPTION FOR PHASE II
All that portion of Lot 11 except the North 46.73 feet thereof and
Lots 12, and 13, Block 104 South, AMENDED MAP OF BRICKELL'S
ADDITION TO MIAMI, according to the plat thereof recorded in Plat
Book "B" at Page 113 of the Public Records of Dade County, Florida,
lying west of the right-of-way for South Bayshore Drive conveyed to
the City of Miami for street purposes, said right-of-way being more
particularly described in that certain deed dated November 18,
1959, filed May 26, 1960, in Official Records Book 2076 at Page 436
of the Public Records of Dade County, Florida, and in that certain
deed, dated December 16, 1959, filed on May 16, 1960 under Clerk's
File No. 6OR-94813, in Official Records Book 2076 at Page 441 of
the Public Records of Dade County, Florida, containing an area of
90,181 square feet more or less.
LEGAL DESCRIPTION FOR PHASE III
All that portion of Lot 10 except the North 39.30 feet thereof and
the North 46.73 feet of Lot 11, Block 104 South, AMENDED MAP OF
BRICKELL'S ADDITION TO MIAMI, according to the plat thereof
recorded in Plat Book "B" at Page 113 of the Public Records of Dade
County, Florida, lying west of the right-of-way for South Bayshore
Drive conveyed to the City of Miami for street purposes, said
right-of-way being more particularly described in that certain deed
dated November 18, 1959, filed May 26, 1960, in Official Records
Book 2076 at Page 436 of the Public Records of Dade County,
Florida, and in that certain deed, dated December 16, 1959, filed
on May 16, 1960 under Clerk's File No. 6OR-94813, in Official
Records Book 2076 at Page 441 of the Public Records of Dade County,
Florida, containing an area of 37,537 square feet more or less.
FTL1-178779
U—
�
Exhibit 97-3
Brickell Square Phase II & III Equivalency Matrix'
�! Change to
Change Retail Office Hotel Residential
From
Retail
---
2.677 ksf office
7.378 rooms
16.983 DUs
(KSF)
per ksf retail
per ksf retail
per ksf retail
Office
0.374 ksf retail
---
2.757 rooms
6.345 DUs
(KSF)
per ksf office
per ksf office
per ksf office
Hotel
0.136 ksf retail
0.363 ksf office
---
2.302 DUs
(Rooms)
per room
per room
per room
Residential
0.059 ksf retail
0.158 ksf office
0.434 rooms
---
(DU)
per DU
per DU
per DU
(1) Land use exchanges are based on net external P.M. peak hour directions project
traffic. Use of this matrix shall be limited to the following minimums and
maximums to ensure that transportation impact is not exceeded. Limitations of
pordble water, solid waste and affordable housing should also be checked.
Land Use Minimum Maximum
Retail 0 100,000 SF
Office 0 900,000 SF
Hotel 0 1,400 Rooms
Multi -Family Residential 0 1,000 DU
(2) Example Exchanges:
Add 500 hotel rooms by reducing office
500 rooms divided by 2.757 = 183.357 ksf; Reduce office by 183.357 ksf.
Add 50.000 ksf retail by reducing office
50.000 ksf divided by 0.374 = 133.699 ksf Reduce office by 133.699 ksf.
Convert 80.000 ksf office to residential
80.000 ksf multiplied by 6.345 = 507.6 rooms: Add 508 rooms
Convert 200 rooms of hotel to residential
200 rooms multiplied by 2.302 = 460.4 DU: Add 461 DU. .
102
Exhibit 97.2
Brickell Square Phase II S III Trip Generation by Lund Use
(1) ITE Trip Generation Manual, 51h Edition, -1991.
(2) (101/0,0%,57o): 10 percent internalization factor, 0 percent passer-by and 5
percent transit.
(3) Percent in/out as per the ITE Trip Generation Manual, 511, Edition, 199) .
(4) Net external PM peak hour trips = PM peak hour trips - (internal trips + pass -by
trips + transit trips)
G®- 102
PM Peak
Internal
Pass -By
Transit
External
ITE
Hour Trips
Trips
Trips
Trips
P%A Peak
Size
Co
Hour
de
Irl
Tripsldl
Land Use
_;(3
Outl3
In
Ou
In
Ou
In
Ou
In
Ou
I
t
t
t
t
Retail
100.000
820
328
328
33
33
82
82
16
16
197
197
(10%,25%,5%)
(SF)
Office
900.507
710
160
779
16
78
0
0
8
39
136
662
(j0%'0%'5%)(21
(SF)
Hotel
1,400
310
516
440
52
44
0
0
26
22
439
374
(1MA,5`Ya)
(Room)
Multi -Family
1.000
232
222
136
22
14
0
0
11
7
189
116
Residential
(DU)
(10%,0%.5%)
1
1.
(1) ITE Trip Generation Manual, 51h Edition, -1991.
(2) (101/0,0%,57o): 10 percent internalization factor, 0 percent passer-by and 5
percent transit.
(3) Percent in/out as per the ITE Trip Generation Manual, 511, Edition, 199) .
(4) Net external PM peak hour trips = PM peak hour trips - (internal trips + pass -by
trips + transit trips)
G®- 102
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® Brickell Square Phase II and III DRI Master
Miami, Florida Site Plan
M10 ♦Lut t ►yR+@6 MG a v a a o v m r
Co -102
WHEREAS. pursuant to Resolution No. 88-898, adopted July 88,
1983. the City Commission issued a Development Order for a
Development of Regional Impact. pursuant to Chapter 380, Florida
Statutes. for the Briokell Square. Project located at
approximately 801-999 Briokell Avenue, Miami. Florida.
(-Project-); and
WHEREAS. the applicant. Lucia A. Dougherty. authorized
,representative of EQUITABLE LIFE ASSURANCE SOCIETY OF THS UNITED
STATES ('Applioant•). now desires to change the legal description
of the Project and consequently desires to amend said previously
issued Development Order; and
WHEREAS. on June id. 1994. the Applicant filed a
Notification of a Proposed Cbaaage to a previously Approved
CS?i�t.I�3iQ!!i
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02 94- 59
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J-94-600 G" AU„ -4 P/i
2: 18
7/26/94 94- 597..:-P.1;
RESOLUTION N0.` —
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 83-698) FOR
THE BRICKELL SQUARE PROJECT, PHASE I. LOCATED
AT APPROXIMATELY 801-999 BRICKELL AVENUE,
MIAMI. FLORIDA, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06. FLORIDA '
STATUTES. AND A MAJOR USE SPECIAL PERMIT.
PURSUANT TO ZONING ORDINANCE NO. 9800. BY:
AMENDING THE LEGAL DESCRIPTION OF PHASE I OF
SAID ORDER TO SUBSTITUTE TIM REVISED LEGAL
DESCRIPTION CONTAINED HEREIN; FINDING AND
CONFIRMING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING
ADDITIONAL FINDINGS AND INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAN; INSTRUCTING
THE TRANSMITTAL OF COPIES OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. pursuant to Resolution No. 88-898, adopted July 88,
1983. the City Commission issued a Development Order for a
Development of Regional Impact. pursuant to Chapter 380, Florida
Statutes. for the Briokell Square. Project located at
approximately 801-999 Briokell Avenue, Miami. Florida.
(-Project-); and
WHEREAS. the applicant. Lucia A. Dougherty. authorized
,representative of EQUITABLE LIFE ASSURANCE SOCIETY OF THS UNITED
STATES ('Applioant•). now desires to change the legal description
of the Project and consequently desires to amend said previously
issued Development Order; and
WHEREAS. on June id. 1994. the Applicant filed a
Notification of a Proposed Cbaaage to a previously Approved
CS?i�t.I�3iQ!!i
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02 94- 59
• s
FINDINGS
e s
OF FACT
s s
s s
s
s
TIM APPLICANT BEALL
28. The Applioaat shall
•
•
•
s.
give notioe to .
artadmr Harvel Ruvin, Clerk, Dade County Cirouit Court,
73 hest Flagler Street, Xiami. Florida, 33103. for
reoording is the Offioial- RGoords of Dade County.
Florida. as follows:
-8-
jjU- 102
•
r�
a) That the City Commission of the City of Miami,
Florida, has issued a Development Order for the S.E.
8th Street and Briokell Avenue Projeot, a Development
of Regional Impact located at approximately 801-9"
Brickell Avenue, being
Mae
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P�
•
a) That the City Commission of the City of Miami,
Florida, has issued a Development Order for the S.E.
8th Street and Briokell Avenue Projeot, a Development
of Regional Impaot looated at approximately 801-9"
Brickell Avenue, being
•
•
4 7-70
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CONCLUSIONS OF LAW
t
Section 3. The development as proposed:
(a) does not unreasonably interfere with the
achievement of the objeotives of state land development
guidelines, regulations or plans applicable to the City of Miami;
(b) is consistent with local subdivision and platting*
requirements; and
(o) is consistent with the Report and Reoommendations
of the South Florida Regional Planning Council.
Section 4. Upon full ezecution. this Resolution shall be
transmitted to the Developer-Applioant. LUCIA A. DOUGHERTY.
r
r
authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE
UNITED STATES, whose address is 801 Brickell Avenue. Suite 808,
Miami. Florida 33131; No. Carolyn Dene. Ezeoutive Direotor.
South Florida Regional Planning Counoil. 3440 Hollywood
Boulevard, Suite 140. Hollywood. Florida 33021; and lis. Linda L.
Shelley, Seoretary. Florida Department of Community Affairs, 2740
Centerview Drive. Tallahassee. Florida 32309.
-10- C'0- 02
Section S. This Resolution shall become effective
forty-six (46) days from the date of adoption.
PASSED AND ADOPTED this 26th day of Ju 1994.
STEPHEN CLARK. MAYOR
ATTEST
MA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
JOEL, E. MAXWeM
DEPIITY CITY ATTORNEY
154491 /JEM/mie/cs1[/bG6
—II—
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN J S. fix -
CITY ATTO
GO- 102
DISCLOSURE OF OWNERSEE[P
1. Legal description and street address of subject real property:
Approximately 845-999 Brickell Avenue, Miami, Fl.
See attached Exhibit "A"
Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest:
Equitable Life Assurance Society of the United.States owns the
property 100%. Equitable is apublic corporation.
3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and
(b) located within 375 feet of the subject real property.
None.
wner or Attorn e f
loria M. VelZZ Attorney
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
19 J4) , by Gloria M. Velazquez, as attorney who is personally knc6vn to me or who has
produced as identification and who did (did not) take an oath.
Name: ' v U __J
Notary Public -State of Florida
Commission O.: OFEuAL NOTA SEAL
My Commis MAR1soL R coNz.ALEz
� . ?W STATE OF FLORIDA
COMMISSION NO. CC771348
V,y COMMISSION EXP. SEPT 172002
;C�"":02,
ca
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared
who being by me first duly sworn, upon oath, deposes and says:
Gloria M. Velazquez
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if.any, have given their full and complete permission for him/her to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers,and legal descriptions for the real property of which he/she is the owner or legal representative
4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true
and correct.
Further Affiant sayeth not.
Applicant's Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this lU day of
19 99 by Gloria M. Velazquez who is personally kno to me or who has
produced as identification and who did (did not) take an oath.
Name: ,QQF�F�7ICIAL {7I SEA
Notary Public- to ot�tl�t'Idg RGONZAL
Commission N '!Cr,-�R" P+1P.IK "T -'NTE OF FLORIDA
- :tit�l6510N NO- CC771348
My Commission �Cp cgsi� L;stc�rr EXP. SFFr 172=
U"'
STATE OF FLORIDA FORM RPM-BSP-PROPCHANGE-1
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING & MANAGEMENT
BUREAU OF STATE PLANNING & MANAGEMENT
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
(904) 4874545
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY
APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380:06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes (1985), requires that submittal of a
proposed change to a previously approved DRI be made to the local government, the
regional planning council, and the state land planning agency according to this form.
I, Joseph G. Goldstein, the undersigned authorized representative of Equitable Life
Assurance Society of The United States ("Equitable"), hereby give notice of a
proposed change to a previously approved Development of Regional Impact in
accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit
the following information concerning the Brickell Square Phases II and III
development, which information is true and correct to the best of my knowledge. I
have submitted today, under separate cover, copies of this completed notification to the
City to Miami, South Florida Regional Planning Council, to the Bureau of
Resource Management, Department of Community Affairs.
D to
Revised
in, Esq.
n,
C
2. Applicant (name, address, phone).
Equitable Life Assurance Society of The United States
3424 Peachtree Road
Suite ##400
Atlanta, GA 30326
Telephone: (404) 848-8600
Attention: Mr. Terrell E. Daffer
3. Authorized Agent (name, address, phone)
Joseph G. Goldstein, Esq.
Gloria M. Velazquez, Esq:
Greenberg, Traurig P.A.
1221 Brickell Avenue
Miami, Florida 33131-2948
(305) 579-0609
(305) 579-0736
4. Location (City, County, Township/R.ange/Section) of approved DRI and proposed
change.
Approximately 845-999 Brickell Avenue, Miami, Miami -Dade County, Florida.
(See legal description attached hereto as Exhibit "A") Section 12 Township 54 Range
41.
5. Provide a complete description of the proposed change. Include any proposed
changes to the plan of development, phasing, additional lands, commencement
date; build -out date, development order conditions and requirements, or to the
representations contained in either the development order or the Application for
Development Approval.
The proposed change is an amendment to the commencement date of Phase II
and III to change the commencement date from December, 1999 to June 2005 as
contained in Condition 27 of Resolution No. 83-695, Resolution No. 85-1060, as
further amended by Resolution No. 89-410, by Resolution No. 92-597, by Resolution
No. 96-290, by Resolution No. 97-554 and the project completion date from 2001 to
December 2007. No other changes in the conditions or Development Plan are being
requested or proposed.
FROM:
Condition 27. Incorporate into the Development Order for Brickell
Square a timeline showing the project phasing, specific elements of the
project plan, and conditions of the Development Order which are to be
met in each phase or by other dates. For purposes of this timeline,
Phase II shall commence by December,1999, Phase III shall commence
by December 1999 and the project shall be completed in 2001. All other
2
00— 1U2
ffel
FROM:
TO:
conditions shall be in accordance with the schedule provided in timeline
(figure 1).
Condition 27. Incorporate into the Development Order for Brickell
Square a timeline showing the project phasing, specific elements of the
project plan, and conditions of the Development Order which are to be
met in each phase or by other dates. For purposes of this timeline,
Phase II shall commence by December 31, 2005, Phase III shall
commence by December 31, 2005 and the project shall be completed in
by December 31, 2007. All other conditions shall be-in-accordance°with
the schedule provided in timeline (figure 1).
28. Require, within 30 days of the effective date of the Development
Order, with the clerk, Dade County Circuit Court, pursuant to Section
380.06(14), Florida Statutes (1984), specifying that the Development
Order runs with the land and is binding on the Applicant, its successors,
and/or assigns jointly or severally, and shall include the following:
d. That the Development Order constitutes a land development
regulation applicable to the property; that the conditions contained in this
Development Order shall run with the land and bind all successors in
interest; it being understood that recording of this notice shall not
constitute a lien, cloud or encumbrance on real property, nor actual nor
constructive notice of any of the same. This Development Order shall
be considered null and void December 31, 2001, unless actual
construction work, excluding grading or excavating, is substantially
under way on that date.
28. Require, within 30 days of the effective date of the Development
Order, with the clerk, Dade County Circuit Court, pursuant to Section
380.06(14), Florida Statutes (1984), specifying that the Development
Order runs with the land and is binding on the Applicant, its successors,
and/or assigns jointly or severally, and shall include the following:
d. That the Development Order constitutes a land development
regulation applicable to the property; that the conditions contained in this
Development Order shall run with the land and bind all successors in
3
-- 102
interest; it being :understood that recording, of thi's notice shall not
constitute a lien, cloud or encumbrance on real property, nor actual nor
constructive notice of any of the same. This Development Order shall
be considered null and void December 31, 2007, 'unless actual
construction work, excluding grading or excavating, is substantially
under way on that date.
Indicate such changes on the project master site plan,` supplementing with other
detailed maps, as appropriate. Additional information may be requested by the
Department or any reviewing agency to clarify the nature of the change or the
resulting impacts.
No change' to the project master, site, plan is requested: ,
6. Complete the attached Substantial Deviation Determination Chart for all land use
types approved in the development. If -no change is proposed or has occurred,
indicate no change.
Not Applicable. (No change to the development program is proposed).
7. List all the dates and resolution numbers (or other appropriate identification,
numbers) of all modifications or amendments. to the originally approved DRI
development order that have been adopted by the local government, and provide a
brief description of the previous changes (i.e. any information not already
addressed in the Substantial Deviation. Determination Chart). Has there been a.
change in local government jurisdiction for any. portion of the development since
the last approval or development. order was issued? If so, has the annexing local
government adopted a new DRI development order for the project?
The following resolutions (copies attached) initially adopted and amended the
Development Order and Major Use Special Permit for the Brickell DRI.
a. Resolution No. 83-695, adopted July 28, 1.983 (Exhibit "B"). This Resolution
is the original Development.. Order and Major.. Use Special Permit for Phases I, II, and
III of the Brickell Square DRI.
b.. Resolution No. 85-1060, adopted October 10, 1985 (Exhibit "C"). This
Resolution approved amendments to Phases. II and III and adopted a timeline for
commencement of construction of June, 19874or Phase II and January, 1991 for Phase
III, with completion in '1993.
c. Resolution No. 89-410, adopted April 27, 1989 (Exhibit "D"). This Resolution
modified certain conditions of the previously amended Development Order relating to
Phases II and III and also established a new. timeline for commencement of construction
of November. 1991 for Phase II and commencement of Phase III in June, 1995, with
c.ompletion in 1997.
d. Resolution No. 92-597,. adopted September 24, 1992 (Exhibit "E"). This
4
v
0
Resolution modified Resolution 85-1060 by amending the previously approved
Development Order to provide that on-site parking shall not exceed 1,622 parking
spaces approved the substitution of Tishman Speyer/Equitable Joint Venture by
Equitable Life Assurance Society of the United States as the Developer, and amended
the timeline to provide that Phase II shall commence in May, 1996, Phase III shall
commence in December 1999 and the project shall be completed in 2001. More
specifically, the Development Order shall be null and void on December 31, 2001
unless actual construction work, excluding grading and excavating, is substantially
underway on that date.
e. Resolution No. 94-598 adopted July 26, 1994 (Exhibit "F"). This Resolution
amended the legal descriptions for Phases II and III, qualified the entire Brickell Square
development (Phase I, II and III) as a Phased Project pursuant to Section 2502 of City
of Miami Zoning Ordinance 11000; deleting Condition 21 which required a unity of
title covering all properties within Phases I, II, and III to be recorded prior to the
issuance of any construction permits for Phases II and III; and added Condition 31
requiring that a change to the ..Development Order for Phases II and III cumulatively
address the impacts of all phases of Brickell Square DRI.
f. Resolution No. 96-290 adopted April 25, 1996 (Exhibit "G"). This Resolution
modified Condition 27 of the previously approved Development Order, as amended, to
provide that the Phase II shall commence in December 1999.
g. Resolution No. 97-544 adopted July 24, 1997 (Exhibit "H"). This Resolution
modified language to clarify the commencement dates contained within Condition 27,
increased the number of permitted parking spaces on the property and authorized
residential and hotel uses for the site.
There have been no changes in the local government with jurisdiction over any
portion of the development since the last approval of an amendment to the
Development Order.
S. Describe any lands purchased or optioned within 1/4 mile of the original DRI site
subsequent to the original approval or issuance of the DRI development order.
Identify such land, its size, intended use, and adjacent non -project land uses
within 1/2 mile on a project master site plan or other map.
No lands have been purchased or optioned within one-quarter mile of the
original DRI site.
00- 102
9. Indicate if the proposed change is less than 40% (cumulatively with other previous
changes) of any of the criteria listed in Paragraph 380,06(19)(b), Florida Statutes.
Do you believe this notification of change proposes a
change which meets the criteria of Subparagraph
380.06(19)(e)2, F.S.
Yes No_X
10. Does the proposed change result in a change to the buildout .date or any phasing
date of the project?. If so, indicate the proposed new buildout or phasing dates.
Yes, the change is to the commencement and completion date for Phase II and
Phase III. The change is to amend the commencement date from December 31, 1999
to December 31, 2005 and the completion date to December 31, 2007.
11. Will the proposed change require an amendment to the local government
comprehensive plan?
Me
Provide the following for incorporation into such an amended development order,
pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code:
See response to question 5, above.
12. An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI or
development order conditions.
Not Applicable. (No change is proposed)
13. Pursuant to Subsection 380.06(19)(f), ES.', include the precise language that is
being proposed to be deleted or added as an amendment to the development
-order. This language should address and quantify:
(a) All proposed specific changes to the nature, phasing, and build -out date .of
the development; to development order conditions and requirement; to
commitments and representations in the Application for Development
Approval; to the acreage attributable to each described proposed change of
land use, open space, areas for preservation, green belts; to structures or to
other improvements including locations, square footage, number of units;
and other major characteristics or components of the proposed change;
0
0
FROM:
Condition 27. Incorporate into the Development Order for Brickell Square a
timeline showing the project phasing, specific elements of the project plan, and
conditions of the Development Order which are to be met in each phase or by
other dates. For purposes of this timeline, Phase II shall commence by
December, 1999, Phase III shall commence by December 1999 and the project
shall be completed in 2001. All other conditions shall be in accordance with the
schedule provided in timeline (figure 1).
TO:
Condition 27. Incorporate into the Development Order for Brickell Square a
timeline showing the project phasing, specific elements -of the.. project plan; and
conditions of the Development Order which are to be met in each phase or by
other dates. For purposes of this timeline, Phase III shall commence by
December 31, 2005 and the project shall be completed in by December 31,
2007. All other conditions shall be in accordance with the schedule provided in
timeline (figure 1).
(b) An updated legal description of the property, if any project acreage is/has
been added or deleted to the previously approved plan of development;
N/A
(c) A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
Physical development of the project (Phase I) has commenced. This
application seeks to amend the commencement dates for Phases II and III.
(d) A proposed amended development order termination date that reasonably
reflects the time required to complete the development;
December 31, 2007
(e) A proposed amended development order date to which the local
government agrees that the changes to the DRI shall not be subject to
down -zoning, unit density reduction, or intensity reduction, if applicable;
and
N/A
(f) Proposed amended development order specifications for the annual report,
including the date of submission, contents, and parties to whom the report
is submitted as specified in Subsection 9J-2.025(7), F.C.A.
N/A 'vt1AML/VELAZQUEZG/1057477/rnnycDiI DOC/9N%/99
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EXHIBIT "A"
LSGAt, DESCRT?TION =0R P AS= i -
All that portion of Lot it except the North 46.73 feet :hereof and
Lots 12, and 13, Block 104 South, AMENDED MAP OF BRICKELL'S
ADDITION TO MIAMI, according to the plat thereof recorded in Plat
Book "B" at Page 113 of the Public Records of Dade Councy, Florida,
lying west of the right-of-way for South Bayshore Drive conveyed to
the City of Miami for street purposes, said right-of-way being more
particularly described in that certain deed dated November 18',
1959, filed May 26, 1960, in Official Records Book 2076 at Page 436
of the Public Records of Dade County, Florida, and in that certain
deed, dated December 16, 1959, filed on May 16, 1960 under Clerk's
File No. 6OR-94813, in Official Records Book 2076 at Page 441 of
the Public Records of Dade .County, Florida, containing an area of
90,181 square feet more or_less.
LEGAL DESCRIPTION FOR PHASE III
All that portion of Lot 10 except the North 39.30 feet thereof and
the North 46.73 feet of Lot 11, Block 104 South, AMENDED MAP OF
BRICKELL'S ADDITION TO MIAMI, according to the plat thereof
recorded in Plat Book "B" at Page 113 of the Public Records of Dade
County, Florida, lying west of the right-of-way for South Bayshore
Drive conveyed to, the City of Miami for street purposes, said
right-of-way being more particularly described in that certain deed
dated November 18, 1959, filed May 26, 1910, in Official Records
Book 2076 at Page 436 of the Public Records of Dade County,
Florida, and in that certain deed, dated December 16, 1959, filed
on May 16, 1960 under Clerk's File No. 6OR-94813, in Official
Records Book 20.76 at Page 441 of the Public Records of Dade County,
Florida, containing an area of 37,537 square feet more or less.
L"--278779
EXHIBIT "W'
REVISED
ANALYSIS FOR AMENDMENT TO PREVIOUSLY APPROVED DRI
AND MAJOR USE SPECIAL PERMIT
for the
Brickell Square Project Phases II and III
CASE NO: 99-032
The requested amendment to a previously approved DRI and Major Use Special Permit is
for the purpose of allowing an amendment to the Brickell Square Development Order for
Phases II and III in order to: 1) approve a time extension for commencement from
December 31, 1999 to December 31, 2005; 2) approve a time extension for completion
from December 31, 2001 to December 31, 2007; and 3) approve an amendment to
condition No. 28 to provide a time extension for the date at which the Development Order
shall be considered null and void, from December 31, 1999 to December 31, 2007.
The Brickell Square Project Phases II and III are located at approximately 845-999
Brickell Avenue (see attached legal description, location maps and aerial photographs for
exact property boundaries).
In determining the appropriateness of the proposed modification, the Department of
Planning and Zoning has made the following findings:
• It is found that the proposed modifications are consistent with the Miami
Comprehensive Neighborhood Plan 1989-2000.
• It is found that the modifications proposed will allow greater flexibility in developing
the project to serve the current needs of the Brickell area by extending applicable
dates for Phases II and III of the development.
Based on these findings, the Department of Planning and Development is
recommending approval of the requested modifications with the condition that all
previously approved conditions remain in full force and effect.
OO- X102
J-94-601 0 i
7/26/Vs Q 4- 5 9 8
RESOLUTION N .
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 85-1060, AS
AMENDED BY RESOLUTION NOS. 89-410 AND 92-897)
FOR THE BRICKELT. SQUARE PROJECT. PHASES II
AND III. LOCATED AT. APPROXIMATELY 818-999
BRICKELL. AVENUE. MIAMI. FLORIDA. A
DEVELOPMENT OF REGIONAL -IMPACT. PURSUANT TO
SECTION 380.08, FLORIDA STATUTES, AND MAJOR
USE SPECIAL PERMIT, PURSUANT TO ZONING
ORDINANCE NO. 9800. BY: .AMENDING THE LEGAL
DESCRIPTONS OF PHASES II AND III OF SAID
ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTIONS CONTAINED HEREIN; AND TO DELETE
CONDITION NO. 21 OF THE ORIGINAL DEVELOPMENT
ORDER WHICH REQUIRED A UNITY OF TITLE:
FINDING THAT SAID CHANGES DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION; MAKING ADDITIONAL
FINDINGS AND INCORPORATING SAID FINDINGS IN
CONCLUSIONS OF LAN; INSTRUCTING TSB
TRANSMITTAL OF COPIES OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DAT1.
WHEREAS, pursuant to Resolution 80. 85-1060. adopted
October 10. 1986. the City Commission issued a Development Order
for a Development of Regional Impact, pursuant to Chapter 380.
Florida Statutes, and Major Use Special Permit. pursuant to
Zoning Ordinance No. 9500. for the Briorell Square Phase II and
III Project located at approximately 845-999 BrioYell Avenue.
Miami. Florida, ('Projeot');. sad
YHERSAS, pursuant to Resolution No. 89-255, adopted
April 17. 1989. the City Commission amended the timing of the
project by
obang14 the
commencement Of phase
II to November
1991; Phase
III to June
1995. and completion of
the project to
1993 from June 1967 and January 1991s. respectively;
LRTY CObL•ZISSI0x
METING OF
JUL
9
- 02 290
1
Cosine Florida, and in thattala deed,
dated December 16, 1959, filed on May 18,
1980 under Clerk's File No. 80R-94813, in
Official Records.Book 2078 at page 441 of the
Public Records of Dade County. Florida,
containing an area of Ot-.299 8Q�1141 square
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North
H*5-W 39.30 feet thereof and the North 40.29
48.73 feet of Lot 11. Block 104 South,
AMMED IAP OF BRICEML' 8 ADDITION TO 11AMI .
according to the plat thereof recorded. in
Plat Hook 'H• at Page 113 of the Public
Records of Dade County. Florida, lying vest
of the right-of-vay for South Bayshore Drive
oonveyad to the City of Miami for street
purposes, said right-of-vay being more
particularly described in that oertain deed
dated November 18. 1989. filed Uy 26. 1960,
in Official Records Book 2078 at Page 436 of
the Publio. Records of Dade County, tiorida,
and in that certain deed. dated December 16,
1959, filed on May 16, 1960 under Clerk's
File No. 80R-948139' is Official Records Book
207d&t page 441 of the Pub* Records of
Dade County. Florida. containing an area of
37.537 square feet more or less.
FINDINGS OF FACT. SMITHMODIFICATIONS
s s s s
Issuance of this Mayor Use Special Permit meets
the requirements of Ordinance 9300. the Zoning
Ordinance of the City of Hiami.
T88 APPLICANT. ITS SUCCESSORS,
AMOK ASSIGNS JOINTLY OR SBVBRABLY HILL:
21, Reservad.
-d=
Section 3. The development as proposed:
(a) 'does not unreasonably interfere with the
achievement of the objectives of state land development
guidelines, regulations or plana applicable to the City of Miami;
(b) is consistent with local subdivision and platting
requirements; and
(o) is consistent with the Report and Recommendations
of the South Florida Regional Planning Counoil.
Section 4. Upon full ezeoution. this Resolution shall be
transmitted Ao the Developer-Applioant. LUCIA A. DOUGHERTY.
authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE
UNITED STATES, whose address is 801 BrioYell Avenue. Suite 806.
Miami, Florida 33131; No. Carolyn Dekle, Eseoutive Director.
South Florida_ Regional Planning Counoil, 3440 Hollywood
Boulevard, Suite 140. Hollywood. Florida 33021; and Ms. Linde L.
Shelley, Secretary, Florida Department of Community Affairs. 2740
Centerview Drive. Tallahassee. FL 32399.
-7-
- , i A
RESOD ON H0. 6" ' LOGO S. F
• A RESOLUT HE BRICKELL SOUARE
PROJECT fI (MORE PARTICULARLY fiOV 20 a8�
DESCRIBED HEREIN). A DEVELOPMENT OF REGIONAL
IMPACT PRO -,USED BY TISHMAN-SPEYER/EOUITABLE
JOINT VENTURE; AUTHORIZING A DEVELOPMENT ORDER
AND MAJOR USE SPECIAL PERMIT; APPROVING SAID
PROJECT WITH MODIFICATIONS AFTER CONSIDERING
THE REPORT AND RECOMMENDATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY
OF MIAMI PLANNING ADVISORY BOARD. SUBJECT TO
THE CONDITIONS OF THE DEVELOPMENT ORDER,
ATTACHED HERETO AS EXHIBIT •A', THE
APPLICATION FOR DEVELOPMENT APPROVAL
INCORPORATED HEREIN BY REFERENCE, AND THE
REPORT AND RECOMME NOATIONS OF THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL. ATTACKED
HERETO AS EXHIBIT W, INCLUSIVE, AND
INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS; PROVIDING THAT THE PERMIT SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; FURTHER. DIRECTING THE CITY CLERK TO
SEND COPIES OF THE HEREIN RESOLUTION AND
DEVELOPMENT ORDER TO AFFECTED AGENCIES AND
THE DEVELOPER.
WHEREAS. Tishman-Speyer/Equitable Joint Venture has submitted a complete
Application for Development Approval for a Development of Regional Impact to
the South Florida Regional Planning Council pursuant to Section 380.06 Florida
Statutes, and did receive a favorable recommendation for a proposed development
order as set forth in the Rport and Recommendations of the South Florida
Regional Planning Council; and
WHEREAS, the MimM Planning Advisory Bard, at its meeting held on
September 4, 1985, folloning an advertised hearing. adopted Resolution No. P:7
49-85 by a 8 to 0, recommending approval with modifications of the Development
of Regional Impact; and
WHEREAS, a recommendation from the Miami Planning Advisory Board has been
forwarded as required by ordinance 8290; and
WHEREAS, the City Cosission has conducted a public hearing on October 10,
1984. having considered the Application for Major Use Special Permit and the
Application for Development Approval and the Report and Recommendations of the
South Florida Regional Planning Council; and
WHEREAS, the City Coasaission has determined that all legal requirement-%,
have been compiled with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Oevelopment Order as
hereinafter set forth; and CM COMIrQSSIOiN
DF -LYING
OF
ti ;1
OCT R?r 1985
f�p
102
;peyer E uita61a .;Dint venture naS off erea to con i^•Duce ere s,,n 7r S;,:2:,'.a
to the _ity's Mousing Trust or build aoproximately 42. 130 ;SF of
affordable housing, pursuant to Son 1556.2.2 of the C!ty's :-d•.
NCs:, THEREFORE, 9E !T RESOLVED or THE :V1F—SS ION OF THE :; :F •:�
rL:R::A:
:'JC:NGS OF FACT
Section 1. THe following ffndings of flet !re made with resoect t, .p
p ro, ect:
a. The COM-issibn has determined that the project is in conformity
with the adopted Miami Comprehensive Neighborhood Plan.
b. The Commission has determined that the project is in accord .Itn
the district toning classification of Zoning Ordinance 9500.
c. The City Commission finds that the project would not create
adverse impact on air Quality, ground water, soils, animal life,
vegetation, waste water management or solid waste disposal, and
further finds that it would have a number of positive impacts
including:
(1) The costs of construction of Phases 1: and Ill will totel
approximately $116 million and require a total of 1,730
employees. Approximately 870. or $101,137,085 will be spent
in the region. Permanent employment may reach 2,749, with
2.049 being relocated from within the region, and 700 newly
created jobs. An estimated S66 million would represent
value added to the regional economy.
(2) An annual surplus of over 2.8 million dollars to toxin;
jurisdictions with approximately 909,311 for Miami.
SGS9.821 for Olde County. S753,71S for the School District,
and S41.74S for the South Florida Yater Management District
and special districts combined.
(3) Access and circulation should be improved by the applica" s
fair share contribution toward a southbound left tur" la-,
and signalitation at 8rickell Avenue/S. E. 10 Str w. t►t
Closing Of the median opening at 8rickell AveAue an!
Ambassador Drive. and the restriping of S. w. P St -est
from S. M. 2 Avenue t0 S. M. 3 Avenur, for a fair svla'a
total of S:22,407.
0U- 1021
V
e. Tne _ity _o'e'm,siion also f—cs t^a::
(1) The project will ha% favoraole ",pact on the econory
the City; and 0
21 The project wi11 eff,c•e-tly us! Duoli,
facilities; and
(3) 'he project will favo-idly affect the hoed for peopla t_
find adequate housing r,�asonably accessible to their places
of employnent; i^l
(a) 'ht project will efficiently use necessary public
facilities; and
(5) The project will have a favorable impact on the environrtrt
and natural resources of the City; and
(6) The project will not adversely affect living conditions in
the neighborhood; and
(7) The project would not adversely effect public safety; ant
(8) That there is a public need for the project.
Section 2. A Development Order and Major Use Special Permit, attaviei
hereto as Exhibit 'A' and made a part thereof by reference, approving wit?,.
modifications, the Brickpll Square Project Phases I! and III, a Developmert co
Regional Impact, proposed by Tishman-Speyer/Equitablt Joint Yenture, fo-
approximately $45-999 Brickeli Avenue (legal description on file wi!r :?t
Department of Planning and Zoning Boards Administration), be and the svt is
hereby granted and issued.
Section 3. The Consolidated Application for Development AD: ^:v i' •s
revised pursuant to Condition 15 Exhibit 'A' is incorporated herei- 01
reference and relied upon by the parties in discharging their statutory ds.ties
under Section 380.04, Florida Statutes and local ordinances. Substantia'
compliance with the representations contained in the Application f;,
Development Approval is a condition for approval unless waived or molifit-
agr9ear:nt among the Council, City and Applicant, its su:cessors and:c, as
jointly and severably.
Section a. The Report and Recoeeendations of the South Flcric- :i --
Planning Council, attached hereto as Exhibit 'B' are Incorporate'
reference.
Section S. The development order, as approved, shall of
aC:li a nts and any successors in interest.
i
9J UP•
00+ ��
�'i! ty _lerc S-ner!oy auc . a ..
certified copies of tnis Resolu -nediately to: the Florida Je�ar:nen• -f
veteran and Community Affairs, 6+sion of local Rescur-e "amaze",!: ZS
Executive Center CircTe East. TaTTahasseo, clorids 32301; the Soutn -s
Re;i0nal Planning Council, 3440 wc'lyrocl 9oulevarl, Suitt :40,
-10^ida 33021; and Tishman-Speyer/Equitable Joint venture, c/o '�sr.ma^
Properties, 777 9rickell Avenue, Miami, Florida 31131.
Section 7. The recitals of fact referred to in the herein
clauses are true and correct and made a part thereof.
PASSED AND ADOPTED this 13th day of. 0="::9Er
ATT
PREPARED AND APPROVED SY:
ad ir• �*. M so
AS STANT CITY ATTORNEY
`LLCZ:_r rry�r
mlU T E��t� —,;4T�—
APPROVED AS TO !: AND
CORRECTNESS:
CITY ATT ,BEY
4
102
tJ" r d tJ i
I
OC—SEp —
9 - 0
�EVELOPME':T ORDER
AND
MAJOR USE SPECIAL PERMIT:
BRICKELL SQUARE: PHASES Ii AND III
;.et it be known that the COT1SSiOn Of the City Of Miami, Florida, ^as
.onsidered in public hearing on October 10, 1935; the issuance of a
Development Order for a Development of Regional Impact pursuant to Sects -,n
300.06 Florida Statutes, said development to be located in the City of
at approximately 845-999 8rickell Avenue, being
LEGAL DESCRIPTION
FOR PHASE 11
All that portion of Lot 11 escept the North 43.29 feet thereof and
Lots 12 and 13. Block 104 South, AMENDED MAP OF BRiCKELL'S ADDITIV:
TO MIAMI, according to the plat thereof recorded in Plat Boot "B' at
Page 113 of the Public Records of Dade County, Florida, tying rts'.
of the right -of -ray for South Bayshore Drive conveyed to the City of
Miami for street purposes, said right -of -ray being more particularly
described in that certain deed dated Novefter 15. 1959, filed May
26. 1960 in Official Records Book 2075 at Page 436 of the Public
Records of Dade County, Florida, and in that certain deed, d+tee
December 16. 1959. filed an May 16, 1960 under Clerk's File No. 608-
94913. in Official Records Book 2016 at Page 441 of the Public
Records of Dade County. Florida, containing an area of 91,299 sauar•
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North 35.96 feet tha•ecf
the North 41.29 feet of Lot 11. Block 104 South, AMENN.- r
BRI'.KE::'S AWITION TO MIAMI, ae:ording to the plat thereof re:71:--
in Plat Book '8' at Page 113 of the Publi: Records of Datf ::u't>.
Florida, lying rest of the right -of -ray bei -g ^:ri p+•t`:v13' r
des:rtDe3 in that certain deed date! N7venba- it, 1959, filed Ma)
.l. flf.0 ,' , ."
..
G0- 10
Recdrds of Did* County, Florida, and in that certain :eed, osteo
December 16, 1959, filed on Ma.- 1960 under C1erx's File iio. 50R.
94813, in Official Records • 2075 at Page 441 of the Puolic
Records of Oade County. Florida, containing an area of 37,537 square
feet, more or less,
and after. due consideration of the recommendations of the Planning Advisory
Board and after due consideration of the consistency of this proposee
development with pertinent regulations and the Report and Recommendations of
the South Florida Regional Planning Council pertaining to the Development of
Regional Impact takes the following action:
Approval of Application for Development Approval subject to the following
modifications:
FINDING OF FACT WITH MODIFICATIONS
Development
The development proposed 1.279.792 gross square feet of floor area. comprise*
of the following eleesents as specified by the applicant in the Application for
Development Approval. and figures submitted by applicant dated 9/15/95, for
phases II and III.
Phase II, south tower - 29 floors. 343.5 ft. (MSL to top of pa-spet?
• 438.000 GSF of office uses
17.000 GSF of retail uses
255.000 65F of parting area
Phase III. center tower - 35 floors. 471' (MSL to too of parapet)
454,507 GSF of office uses
5,286 W of retail uses
106.000 69 of parking area
Loading Area
SAW GSF for 9 berths
For Three Phases
Over spa:e - 161.794 gsf
Pedestrian open space- 86.79I gsf
Plata - 55,550 gsf
Parking 1.793 spices
9 levels (above
and below grade)
e
00— 102 96
I rho Preis" Is furaar 111""0 b me follaannv caes/earesiaet:
-Tile 4"flc"10 era.ista s at ersoaarrse of t" City M Maui. 04
.es ispowt flas sumt"d N ftfrrs. Owfses ad Iterrlll, .arae
4811 17. INC ravels" my 11. INC, aril 1. INC July `. INC
ad Aogsas 17. INS far flthaa•foww ►ro0ew" • erlcsoll Ara11e0
p"410.
110 .Mlewnns a oraaseae an nus ware"04sly lntarrary ria VA
aeh/"UM M as nsoa1tlsee so tufa Im sewla0s IN/sallsss. er suis
awl/stole as city of RIaw.
110 soaela>~ae a urate" Is wasseas with local vAe1wia/se 00 ►Iamal
rae�i r�o.
MA As trop"" Is cmistars with VA now" ad reeawaatias
eenfale0e is fah 1014010100% of 291081 meet Aeaesaaas for Iristell
tewre GewlaI p w Regional tenet• M. 81.12. oet0e July. Itis oresand b
Wei -so Pled• 20g/esol PUFAii9g CaNW1.
•
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Iss"" of all Ryer as feeelel rarOls awes as ~rowwu of fMOba>wp
!�. as Eoelsg $n1saee of ao MY of oni.
flt APf>LIWT. tt: V=M=. ALAI AUM JQZMT a 391010&T rt>J<s
to tsmeraarso so feiloarfsg lose as artless esatp ad garosia a shsfalls.
Iho "Miselse looses of orient t w"c. ails les assented seltet n
aalulars. or air Intm one 'saty pest
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- Mho
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009 iMaxaetia srgrolr ase Merl" yreferree sarsleg %Oases ale wR
sot" to UP a" qA Heelers.
74
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-- .. . - _ - . ._,.. C. _ __.. _. S _. yr:.. .-.0 ...
' 'Promote staggered flex-tirh w, scheduleS, four day work -elks. or otner
management actions and Marto* strategies, that reduce Peak lemand for
roadway capacity an6 thereby Deduct transportation energy use.
2. place temporary screens, berms, and/or rip -rap around the orolect 'i+•..
or retain stormwater runoff during construction.
3. Design, construct, and maintain the stormwater management system to feet
the following standards:
'Retain the runoff from a S -year storm on-site, and construct the or:;e:t
drainage system in accordance with all representations in the ADA.
'Prohibit any and all washdown of parking areas, unless wastewater is
diverted to grass :wales of landscaped areas with adequate capacity to
retain the total volume of runoff.
4. Incorporate into the development, by restrictive covenant and/or lease or-
sales
rsales agreements, as applicable, hazardous materials accident prevention,
mitigation, and response standards. At a minimum, these standards small:
'Require that areas within buildings where hazardous materials or hazardous
wastes are to be used, generated, or stored shall De constructed with
impervious floors, without drains, to ensure containment and facilitate
cleanup of any spill or leakage.
'Require that the lading/unloading of any hazardous material of hazardous
waste. shall occur in a covered loading/unlading dock with a spill
containment area not Connected to the project drainage or sewer system.
'prohibit any outside storage of hazardous materials or hazardous waste.
Raquirs all hazardous waste generators to contract with a licensed public
or private hazardous waste disposal service or processing facility and to
provide to Bade County KIM copies of one of the following forms of
documentation of proper hazardous waste management practices:
-a hazardous waste Manifest;
-a shipment to a permitted hazardous waste management
facility; or
U
• 00- ®2 Alt 10 %F
"' A
e7"Y—
-Notify any tenant gentrating 'es of the penalties for imorooer disoosai
of hazardous waste pursuant tion •03.727, °'o-'11 Statutes.
'Allow reasonable access t0 facilities for monitoring by the Cite, �t.e
County DERM, and Florida OER to assure complfance with this 7eveloomeR-
Order and all applicable laws and regulations.
For the purposes of this Development Order, a hazardous waste generator shall
De defined as the Applicant and any tenant that falls under a SIC code listed
in 5xhibit 1 (ORI Assessment, page 61) attached hereto and incorporated herein
Oy reference, and that uses, Stares, or generates hazardous. wastes. 44tardout
wastes are defined as ignitable, corrosive, toxic, or reactive wastes.
including those identified in Exhibit 2 (DRI Assessment, page 66); provided,
however, that the uses in Exhibit 1 and the wastes in Exhibit 2 shall oe
simultaneously amended upon the addition or deletion of: any or all of the
listed uses, materials, or wastes by amendmant to the 'County and Regional
Hazardous Waste Assessment Guidelines' incorporated by reference into Rule 17.
31.03(2). Florida Administrative Code.
S. Remove all invasive exotic plants from the project site as the site is
cleared, and use only those plant species specified in Exhibit 3
(DRI Assessment, page 67) in future project landscaping.
6. prior to any site clearing, consult with and follow the reconowdations of
the City Of Miami parts Department on transplanting trees presently on-
site.
7. Notify Dade County, one synth prior to start of construction, and allow
access for construction monitoring, and delay construction up to three
months in any area rMre potentially significant historic or archaeological
artifacts are uncovered, and permit State and local archaeologists to
survey and excavate the area.
1. Detain a general drainage permit from the South Florida Mater Management
District and necessary approvals from Dade County Mater and Sewer Authority
(PASA) for provision of water and wastewater service to the project, and
from Dade County Public Worts Department for solid waste disposal service.
prior to issuance of any certificates of occupancy.
1s. fs� -1n. ;G
'�'
Systems into the design and opt- 4 o of the project.
® Permit Miami Police Departmentconduct a security survey at option of
Department. Oeveloper to ree0loo Development Order Monitoring Official,
prior to issuance of building permit. hOw and to what extent the poli_2
0epartmtnt recomleendation$ have .incorporated into project security and
construction plans.
Provide roof space for a communications antenna and supporting structure
for the Cfty's emergency communication system, if required, said antenna
and appurtenances together with necessary services shall be at City of
Miami expense. The applicant shall retain the right Of architectural
approval.
10. At the request of the City, within one year of the effective date of this
Oevelopment Order, enter into an agreement with the Police Department to
contribute a fair share of police capital facilities needed to resolve City
concerns, if necessary and required by the City. The fair share
contribution is to be considered an offsetting credit against any future
city impact fees.
11. Enter into an agreement with the City, if required, to contribute a fair
share of capital facilities required to provide adequate fire service to
the project, or, alternatively, pay a fair share contribution pursuant to
an adopted City impact fee ordinance pertaining to fire service if such
impact fee ordinance is adopted by the City prior to obtaining final
certificates of occupancy for more than 500,000 square feet of office
development, excluding Phase I, on-site. The fair share contribution is to
be considered an offsetting credit against any future City impact fee.
12. Incorporate the folloiring energy conservation measures into the
development:
'Air conditioning anergy efficiencies (EEK) equal to or greater than 12.0
or less them 0.65 KV/Ton.
'Measures that effectively. yield, in the tooting mode. 1.7 in walls and a-
19 in ceilings.
'Meat producing areas and equipment (tooting, water heating, etc.) isolated
from air conditioned areas.
'Computerised elevator control system in all high-rise structures.
'Individual electric metering of tenants.
'Mot water temperatures set r' or Delow :050F rnere allowed oy nealtn CZnes
and equipment requirements
'Lavatory mater flow of 0.80lons par minute or less and rater closets
that use no more than three and one-half gallons per flush.
'Light -reflecting and/or light colored wall and roof surfaces, wJth solar
r
absorption coefficients less than or equal to 0.50.
Use of airlock doors (vestibules) at major entrances on the east side of
Phase III.
'Bicycle support facilities, includes secure bike racks or storage areas.
and. if feasible. lockers and showers for project employees.
'Maxieum flexibility of air conditiorking systems to cool only occcpied
areas (on a floor -by -floor basis at minimum).
'Air distribution using a variable air volume system.
'Central energy management systems that provide, as applicable. start/stop
optimization, time of day scheduling. electric demand limiting, night
temperature - set bact/startup, programmed maintenance. and building
lighting control.
'Aatural gas or other non -electric energy sources for cooking and water
hearing in restaurants.
'Sour water heaters or waste heat recovery units to preheat cooking and
washing hot water in restaurants, where feasible.
'Exterior shading or tinted or reflective glass to reduce the amount of
direct sunlight entering air conditioned areas.
'The applicant shall prepare a statement signed by the registered project
architect that all energy conservation conditions contained in Condition
14 have been met in the preparation of the detailed construction drawings.
prior to issuance of a building permit.
13. Construct all roadway and interseetioa improvements identified in Exhibit 4
Ml Assessment, page 71) and. dedicate the improvements to the City, prior
to issuance of final certificates of occupancy for more than 500,000 gross
square feet of development on-site, including Ohase I deveiopaent; or fund.
bond. or provide a letter of credit for $130,000 (1985 dollars) to the City
for construction gf siusa improvements.
14. Prior to issuance of final certificates of occucancy for more than 500,000,
gross square feet on-site, including Phase t development, fund, bond, or
provide a letter of credit for $4,358 (196S dollars) for construction of
.7:
6
C
traffic impact +rem Exhibit r 'RI Assessment, Page 721,
15. Prior to i$$uanCe Of final CeCate$ Of Occupancy for more than SOO,C00
gross square feet on-site, inTuding Phase I development, enter into an
agreement with the County to fund, bond, or provide a letter of credit in
an amount not to exceed S196,200 (1985 dollars) to the County annually for
construction Of the 8rickell leg of Metromover Stage II. !his amount nay
be adjusted annually to reflect payoff of the bonds or other financial
obligations incurred for Metromover Stage II construction according to
terms specified in the agreement in a manner similar to adjustments
currently made annually for the Downtown Miami Special Taxing District for
the People Mover. If construction of the 8rickell leg of Metromover Stage
11 has not begun by January 1, 1992. all funds provided to the County
pursuant to this condition, plus interest, are to revert to the Applicant
by March 1, 1992. Otherwise, the requirements of this condition will
terminate when all bonds for the 8rickell leg of Metromover Stage II
construction have been retired. In the event that a special taxing
district for funding the 8rickell leg of Metromover Stage II is established
by a local ordinance. the payment requirements of the special taxing
district shall supercede the requirements of this condition. and any
payments of funds tq the County shall be credited against the special
taxing district assessments.
16. Incorporate into the route and schedule inforution required by Condition I
herein promotional material for the Countyopersted shuttle service to an
from the 8rickell Avenue metrorail station; provided however that. if the
County discontinues this service prior to operation of the 8rickell leg of
Metromover Stage II, the Applicant shall provide weekday shuttle service to
and from the 8rickell Avenue Metroraill Station at no cost to riders at 10 -
minute intervals fors 7:00 to 10:00 a.a. and from 3:30 p.m. to 6:30 p.m..
and at 30•minote intervals between 10:00 a.m. and 3:30 p.■. until
Metromaver Stage II begins revenue service. Applicant provision of tnis
shuttle service jointly with other 8rickell area developers shalt
constitute compliance with this condition as long as the specifies
intervals are maintained and adequate capacity to serve project transit
trips is provided.
17. Integrate all original and supplemental ADA information Into a Consolidated
Application for Development Approval (CADA), and submit three copies of the
CAOA to the Council, one copy to the City. and one copy to the Florida
•8• 111 E.r► -10 )r
•
date of this Oevelopment Order. The CADA SMA 11 oe prepared as foI,ows:
® ahlre new clarification, or r% d information was prepared subsequent to
submittal of the ADA but prio0 Issuance of the 00, whether in response
to a formal Information A!2q6acy Statement or otherwise, the origlndl
pages of the AOA should be replaced with revised pages.
RlvlSed pages should 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 the revision was submitted.
:8. Prepare and submit to the Council, City, and Florida Department of
Community Affairs, an annual monitoring report containing an assessment of
compliance with all conditions of the Srickell Square Development orders,
Phases I. II and III, complete respOnses to the Questions contained in the
Annual Monitoring Questionnaire (Exhibit 7 ORI Assessment. page 82) and
included herein by reference. any Other information required by Section
380.06(14)(c)(3). Florida Statutes (1984. or State rules, and the
following:
'Identification of all tenants that meet the criteria established in
Exhibit 1 and 2 of the Council OKI Assessment (pages 61-66).
'For each such tenant. copies of one of the following types of
documentation of appropriate hazardous waste disposal:
-a hazardous waste manifest
-a bill of loading from a banded hazardous waste transporter indicating
shipment to a permitted hazardous waste management facility. or
-a confirmation of receipt of material from a recycler. a waste exchange
operation. or other permitted hazardous waste facility.
'The applicant is to provide the City with a signed statement prior to the
issuance of the Certificate of Occupancy that all conditions contained in
Condition No. 14 have been wt.
•Such affidavits as may be required by the City pursuant to Condition 26
herein.
19. Provide 2 fire hydrants on Srickell Avenue and 1 fire hydrant on S. E. 8
Street. restriping of parking spaces..landscaping on the south side of the
project. and that a clear area be maintained along Srickell Avenue to
provide proper vision for police vehicles. pursuant to comments of the
Miami large Scale Development Committee, at its meeting of May 29. 1985.
20. Prior to the issuance of a buildin0 permit for the Srickell Square Project
for increased floor area in excess of 3.2S F.A R.A the owners must obtain
from the City of Miami a certification that the requirements of the
-9 312 6:.
�� U4
Ordinance 4500, have been me the amount of 1.001 F.A.A.
• 21. Prior to the issuance of nstruction permit in phases 2 end 3, a
Unity of Title covering ill properties within Phases 1, 2 and 3 Shal' oe
Submitted to the City for recordation in the public records.
74E CiTr WILL:
22. Consult with the Applicant to ensure incorporation of security measures and
Systems into the design and operation of the project, including provision
for emergency helicopter hovering above the roof of the office towe-s.
23. Withhold issuance of final certificates of occupancy for more than
gross square feet of development on-site, including Phase I, until the
Applicant has caviled with Conditions 10. 11, 13, 11, 15, and 16 herein.
24. Cooperate with the County in the development and adoption of appropriate
County ordinances to extend the Metroeover special taxing district to the
Brickell area or to impose a one time transit impact fee an all development
benefiting from Metranover.
2S. Provide that the effectiveness of the Oevtlopanent Order shall be stayed and
no further development ptrmits thereunder shall be granted, until such time
as an Amended ADA, providing updated information. is submitted to the
Council. City. and State and an Amended Development Order issued. it
Condition 16 has not been met within three (3) years of the effective date
of this Otveiopment Order or if construction of the B rIckell leg of
Mttromover Stage II has not begun by January 1. 1992. If this condition is
triggered by events outside the control of the Applicant, the scope of the
Amwded ADA and the review thereof shall be linited to air quality and
transportation information. impacts, and issues; and the applicant •ill be-
able
eable to cOmplote any development for which permits have been issued.
provided that such development does not exceed 9SO,000 square feet on-site.
including Phase 1 development. Air quality and transportation infom.ation
in the awnded ADA shall be in the format specified in Exhibit 6 (OF:
Assessment. page 73) -or, at the option of the Council. another fornat may
be specified. Should the Dtvelop4w t Order be stayed pursuant to this
condition, nothing herein shall be construed to limit Condition 29 below
that this Development Order runs with the land. and its teres ons
conditions are binding on the Applicant. its successors. and:or assigns.
010— 2
minimum, A complete.rOSOonse t0 each question in Exhibit 7 (AOA Assessment,
page 92) and any other information required by OCA in accorjance with
Section 380.06(14)(C)(3), Florida Statutes (1984). The planning Director,
City of Miami planning Departinent, or a project director to be named later,
is hereoy designated to receive this report and to monitor and assure
compliance with this Development Order. Development Order conditions shall
be reviewed by the City prior to issuance Of any development permit and for
those Conditions that Cannot be reasonably monitored as part of local
permitting and inspection processes, a notarized form from the applicant
assuring compliance with such Development Order conditions is to be
included in the annual report.
27. Incorporate into the Development Order for 8rickell Square a timeline
showing the project phasing, specific elements of the project plan, and
conditions of the Development Order which are to be met in each phase or by
other specified dates. (Figure 1).
28. Require, within 30 days Of the effective date of the development order,
recordation of the 8rickell Square Development Order with the Clerk, Dade.
County Circuit Court, pursuant to Section 380.06(14)(d), Florida Statutes
(1984). specifying that the Development Order runs with the land and is
binding on the Applicant. its successors. and/or assigns. jointly or
severably, and shall include the following:
a. That the City Commission of the City of Miami. Florida, has issued a
Development Order for the 8rickell Square project, phases II and III a
Development of Regional Impact located at 845-999 8rickell Avenue.
b. That the developer of the 8rickell Square project is Tishman.
Speyer/Equitable Joint Venture. with offices at 777 8rickell Avenue.
Mi anvil . Florida 33131.
c. That the Development Order with any modifications may be examined in
the City Clerk's Offices. 3500 pan American Drive. Dinner Key, Miami.
Florida 33133.
d. That the Development Order constitutes a land development regulation
applicable to the property; that the conditions contained in this
Development order shall ruse with the land and bind all successors in
interest; it being understood that recording of this notice shall not
00- x.04
... .. .. ..'. d: :n d.: r..d 'epar, owe sr;mc ::C:
..:e -fur.;'
Department Of COWUMIty Affa+ DCA)
date of the Development Orda0 The
on the
annual
anniversary of
report shall
the effective
include, at a
minimum, A complete.rOSOonse t0 each question in Exhibit 7 (AOA Assessment,
page 92) and any other information required by OCA in accorjance with
Section 380.06(14)(C)(3), Florida Statutes (1984). The planning Director,
City of Miami planning Departinent, or a project director to be named later,
is hereoy designated to receive this report and to monitor and assure
compliance with this Development Order. Development Order conditions shall
be reviewed by the City prior to issuance Of any development permit and for
those Conditions that Cannot be reasonably monitored as part of local
permitting and inspection processes, a notarized form from the applicant
assuring compliance with such Development Order conditions is to be
included in the annual report.
27. Incorporate into the Development Order for 8rickell Square a timeline
showing the project phasing, specific elements of the project plan, and
conditions of the Development Order which are to be met in each phase or by
other specified dates. (Figure 1).
28. Require, within 30 days Of the effective date of the development order,
recordation of the 8rickell Square Development Order with the Clerk, Dade.
County Circuit Court, pursuant to Section 380.06(14)(d), Florida Statutes
(1984). specifying that the Development Order runs with the land and is
binding on the Applicant. its successors. and/or assigns. jointly or
severably, and shall include the following:
a. That the City Commission of the City of Miami. Florida, has issued a
Development Order for the 8rickell Square project, phases II and III a
Development of Regional Impact located at 845-999 8rickell Avenue.
b. That the developer of the 8rickell Square project is Tishman.
Speyer/Equitable Joint Venture. with offices at 777 8rickell Avenue.
Mi anvil . Florida 33131.
c. That the Development Order with any modifications may be examined in
the City Clerk's Offices. 3500 pan American Drive. Dinner Key, Miami.
Florida 33133.
d. That the Development Order constitutes a land development regulation
applicable to the property; that the conditions contained in this
Development order shall ruse with the land and bind all successors in
interest; it being understood that recording of this notice shall not
00- x.04
constitute a Lien, cloud - enc:+morance or 'eel Jrooe-ty, -0- act,.a?
nor constructive notice6 y of trio same. This develooment order
small be considered null void by Oeceieber of :996, unless actual
Construction •ort, excluding grading or c.cavating, is suDstantlally
under ray on that date.
29. Mork with the applicant to prepare a Minority Participation and
Employment Ilan to De submitted within ninety (90) days of the issuance of
this Development.
30. Work with the applicant to develop a Minority Contractors lSubcontractors
Participation Ilan t0 be sublitted within ninety (90) days of the issuance
of this Development Order.
CONCLUSIONS Of LAM
The ®rickell Square Project. prepared by Tishman-Speyer/Equitable Joint Venture
commlies with the Miami Comprehensive Neighborhood Ilan, is consistent with the
orderly development and goals Of the City Of Miami, and Complies with local
land development regulations.
The proposed development does not unreasonably interfere with the achievtwt
of the objectives of the adopted State Land Development Plan applicable to the
City of Miami; and
The proposed development is generally consistent with the Report and
Recommendations of the South Florida Regional planning Council and does not
unreasonably interfere with any of the considerations and objectives set forth
in Chapter 380, Florida Statutes.
Changes in the project which do not exceed development parameters set forth in
the Application for Development Approval and Report and Recommendations of the
Regional planning Council shall not constitute a substantial deviation under
Chapter 380 Florida Statutes, notwithstanding City zoning approvals which say
be required.
PLANNING FACT SHEET
PZ -2
APPLICANT
Gloria Velazquez, Esq. and Joseph Goldstein, Esq. for Equitable
Life Assurance Society of the United States ("Equitable").
HEARING DATE
October 20, 1999.
REQUEST/LOCATION
Consideration of a Notification of a proposed change to a
previously approved Development of Regional Impact (DRI) for
the Brickell Square Project.
LEGAL DESCRIPTION
Complete legal description on file at the Hearing Boards Office.
PETITION
Consideration of a Notification of a proposed change to a
previously approved Development of Regional Impact (DRI) for
the Brickell Square Project in order to approve 1) a time extension
for commencement from December 31, 1999 to December 31,
2005; 2) a time extension for completion from December 31,
2001, to December 31, 2007; and 3) an amendment to condition
No. 28 to provide a time extension for the date at which the
Development Order shall be considered null and void, from
December 31, 1999 to December 31, 2007.
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
Approval.
See attached.
PLANNING ADVISORY BOARD Approval VOTE: 7-2
CITY COMMISSION Continued from CC of December 14, 1999.
APPLICATION NUMBER 99-032 Item #3
.................. .................. ..............................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 10/15/99, Page 1
0,
� �1
RESOLUTION PAB -44-99
A RESOLUTION RECOMMENDING APPROVAL OF A NOTIFICATION OF
A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT
OF REGIONAL IMPACT (DRI) FOR THE BRICKELL SQUARE PROJECT,
PHASES II AND III, LOCATED AT APPROXIMATELY 845-999 BRICKELL
AVENUE, IN ORDER TO APPROVE THE FOLLOWING: 1) A TIME
EXTENSION FOR COMMENCEMENT DATE FROM DECEMBER 31, 1999
TO DECEMBER 31, 2005, 2) A TIME EXTENSION FOR THE COMPLETION
DATE FROM DECEMBER 31, 2001 TO DECEMBER 31, 2007, AND 3) AN
AMENDMENT TO CONDITION 28 TO PROVIDE A TIME EXTENSION FOR
THE DATE AT WHICH THE DEVELOPMENT ORDER SHALL BE
CONSIDERED NULL AND VOID, FROM DECEMBER 31, 1999 TO
DECEMBER 31, 2007.
HEARING DATE: October 20, 1
ITEM NO. 3
VOTE: 7-2
ATTES
✓Gela ert-Sanchez, Director
Planning Department
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102
AMEAEAS, by Resolution 85-1060, October 10, 1985, the City
Commission issued a Development Order .and Magor Use Special
Permit tot the Brickell Square Phase II and III Project, located
at 845-699 Brickell Avenue, a Development of Regional Impact,
pursuant to Chapter 380. P.S., and Major Use pursuant to Zoning
Ordinance 95001 and
NHEREAS. The applicant. Tishman Speyer/equitable Joint
venture, now desires to change ehe timing of the Project and
consequently desires to amend the previously issued Development
Orders and
WHtREAS. on December 27, 1988, the applicant tiled
*Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) Subsection 380.06(19).
Florida Statutes* with the Florida Department of Community
Affairs, the South Florida Regional Planning Council and the City
of Miami: and
C= COMMISSION
KEETINC OF
APR !T (9U
,,. A9 -41r
Palm
s
00- IVF
RESOLUT' _, 40. R9-410
A RESOLUTION, ATTACRMENT, AMENDING A
PREVIOUSLY AP Er+ O M LOPMENT ORDFR
(RESOLUTION 85-10601 OCTOBER 10,
A FOR THE BRICKELL SQUARE HAM 1I
AND PROJECT, APPROXIMATELY
BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06 PLA. STAT.
(SUPP. 1988), AND MAJOR USE PURSUANT TO
ZONING ORDINANCE NO. 9500 BY AMENDING
CONDITION 25 TO EXTEND A DEADLINE: CONDITION
I7 OF SAID DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMENT OF PHASE II TO NOVEMBER 1991:
PHASE III TO JUNE 1995, FRON JUNE 1987,
JANUARY 1991 AND 1993, RESPECTIVELY: FURTHER
FINDING AND CONFIRMING THAT SAID CHANGES DO
NOT CONSTITUTE A SUBSTANTIAL DEVIATION
PURSUANT TO SECTION 380.06, FLA. STAT. (SUPP.
1988), AND THAT SAID CHANGES ARE NOT PART OF
THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPAC!
DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND
11491 DECEMBER 10, 1987)t INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAW: DIRECTING THE
CITY CLERK TO SEND COPIES OF THIS RESOLUTION
TO AFFECTED AGENCIES AND TSE DEVELOPERS AND
CONTAINING AN EFFECTIVE DATE.
AMEAEAS, by Resolution 85-1060, October 10, 1985, the City
Commission issued a Development Order .and Magor Use Special
Permit tot the Brickell Square Phase II and III Project, located
at 845-699 Brickell Avenue, a Development of Regional Impact,
pursuant to Chapter 380. P.S., and Major Use pursuant to Zoning
Ordinance 95001 and
NHEREAS. The applicant. Tishman Speyer/equitable Joint
venture, now desires to change ehe timing of the Project and
consequently desires to amend the previously issued Development
Orders and
WHtREAS. on December 27, 1988, the applicant tiled
*Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) Subsection 380.06(19).
Florida Statutes* with the Florida Department of Community
Affairs, the South Florida Regional Planning Council and the City
of Miami: and
C= COMMISSION
KEETINC OF
APR !T (9U
,,. A9 -41r
Palm
s
00- IVF
WHEREAS, on February 2. 1999, the applicant aoplied !or art
amendment to the previoissues 0evel0pment Order: Maior Ose
Special Permit and a resJetion of development credits pursuant
to the City of Miami Downtown DRI: and
WHEREAS, on April 27, 1989, the City Commission meld an
advertised public hearing to consider this application for
amendment and whether it constituted a substantial deviation
under Chapter 380, Florida Statutes: and
WHEREAS, the City Commission considers this resolution to be
in the beat Interest of the Citizens of the City of Miami:
NOW, THEREPORE, DE IT RESOLVED 8Y THE COMMISSION Of THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
preamble to this Resolution pertaining to substantial deviation
as Conclusions of Lav ace hereby approved, confirmed, and adopted
by reference hereto and incorporated herein as if fully set fortR
in this section.
Section 2. Exnibit A of Resolution 83-1060: dated october
10, 1985 (attached) the Development Order and Major use Special
Permit toe the sciekell Square Project Phases II and III Project
Is hereby amended in the following respects:l/
FINDINGS OF FACT MITA MODIFICATIONS
TH19 CITY 3 ":
25. Stay the effectiveness of the
Development Order and no further
development permit& thereunder shall be granted, until
such time as an Amended ADA, providing updated
Words and/or figures stricken through shall be deleted.
UndlesCOred words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-2-
89-41 2-
89-41
4?
� - UZ
Information, is, suomltted to tie Council, :Ity, and
Stats and an Amendjevelopment Order Issued, if
Condition 15 has r On met within three (3) years of
the effective date of this Amended Development Order or
if construction of the Srickall 1e9 of Metromover State
II has not begun by January 1, 4444P 1995. If this
condition is triggered by .events outside the control of
the Applicant, the scope of the Amended ADA and the
review thereof snail be 1lmited to air quality and
transportation information, impacts and issues: and the
applicant will be able to complete any development for
which permits nave been issued, provided such
development does not exceed 950,000 square feet ort -
site, including Phase I development. Air duality and
transportation information in the amended ADA shall be
in the format specified in Exhibit 6 (DRI Assessment,
page 73) or, at the option of the Council. another
format may be specified. Should the Development order
be stayed pursuant to this condition, nothing herein
snail be construed to limit Condition 27 below that
this Development Order rune with the land, and its
teras and conditions are binding on the Applicant, its
successors, and/or assigns.
e e
27. Incorporate into the Develooment Order for
Srickell Square a timeline showing the project phasing,
SPOCIfiC elements of the DrOJOCt plan. and conditions
of the Development Order which are to be not in each
phase or by other dates. For- purposes of this
timeline, Phase II dull commence in November, 1991,
Phase III shall commence in June. 1999 and the project
shall be completed in 1997. All other conditions shall
be in accordance with the- schedule provided in the
timeline (figure 1).
-3_ 99-41C _
�- IU"2 �
e • .
C"* tons or LAM
The erickell Square Project, cr000sed by Tishman
Speyer/tquitable Joint Venture. comolies with the Miami
Comprehensive Neighborhood Plan, is Consistent with the
orderly development and goals of the City of Miami. and
complies with local land development :egulations.
The proposed development does not unreasonably
interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the
City of Miami: and
The oroposed development is generally consistent with
the Repoct and Recommendations of the South Florida
Regional Planning Council and does not unreasonably
interfere with any of the considerations and objectives
set forth in Chapter 380. Florida Statutes.
Changes in the project which do not emceed development
parameters set forth in the Aoplication for Development
Approval and Report and Recommendation of the Regional
Planning Council shall not constitute a substanci4l
deviation under Chapter 380 Florida Statutes (Supp.
1988) notwithstanding City zoning approvals which may
be required.
The pnaainq schedule chances to the original srickell
square Phases II and III ORI development order set
fgrth herein de not constitute a substantial deviation
under Chapter 380 Placid& Statutes (Supp. 1988).
• to
Section 3. The proposed are not affected by. or have an
effect on. enc Downtown Miami Development of Regional Impact
Development Orders (Resolution 87-1148 and 11491 December 10.
1987).
-4-
r
v
U
89-4:
Sf Ction 4. Thia Resol'itIon small 00 transmitted to
® Lucia A. Dougherty; Greenberg raurlg, Roffman, Lipoff, Rosen
and Ouentel, 1221 Stiekell ague, Miami, ►L 33131: Jack
Osterholt, Executive Director, South Florida Regional Planning
Council, 3/40 Hollywood Boulevard, Suite 140, Hollywood, Florida
33021, and Thomas Pelham, Secretary, Florida Department of
Community Affairs, 2740 Centerview Drive, Tallahassee, Florida
32399.
Section S. This Resolution shall become effective
immediately upon its adoption pursuant to lay.
PASSED AND ADOPTtD this 27th day of Amri 1 1989.
XAVICR UAR E, —MAYOR
ATTEST:
j s
C%.;�`
VATTY HIRAI, CITY CU RR
PRCPARED tAND APPROVED BY:
,JOjL L. MAXNEL
(Y ILF ASSISTANT CITY ATTORNEY
APPROV20 AS TO PORN AND
CORRECTNESS:
J0169 L. FL AND23
CITY ATTORN
JBt1/d/db/M14
-3-
00— S-
0 1 U Z
R9-410'.
s
J-92-221
7/6/92 45 0
RESOLUTION NO. 92- v97
A RESOLUTION, WITH ATTACHMENTS, P12NDING A
PREVIOUSLY APPROVED DEVELOPI•=-NT ORDER
(RESOLUTION 85-1060, ADOPTED OCTOBER 10,
1985, AS AMENDED BY RESOLUTION 89-4101
ADOPTED APRIL 27, 1989, ATTACHED) FOR THE
BRICKELL SQUARE PROJECT, PHASES II AND III,
LOCATED AT APPROXIMATELY 845-999 BRICKELL
AVENUE, A DEVELOPMENT OF REGIONAL IMPACT,
PURSUANT TO SECTION 380.06, FLORIDA STATUTES,
AND A MAJOR USE PURSUANT TO ZONING ORDINANCE
NO. 9500, BY: AMENDING CONDITICY 27 OF SAID
DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMENT OF PHASE II TO MAY. 1996 AND
PROVIDING FOR A COMPLETION DATE Or DECEMBER
2000, AND PHASE III TO DECEMBER 1999, AND
PROVIDING FOR A NEW COMPLETION DATE OF THE
PROJECT TO DECEMBER 2000 (FROM PREVIOUS DATES
OF NOVEMBER 199.1, OF JUNE 1995, AND 1997,
RESPECTIVELY); BY REVISING FIGUFLE 1 TIMELINE
ACCORDINGLY; BY AMENDING CONDITION 28D TO
CHANGE THE TERMINATION DATE OF THE
DEVELOPMENT ORDER TO DECEMBER 31. 2001, FROM
DECEMBER 1996; BY CHANGING THE 'NAM OF THE
APPLICANT TO EQUITABLE LIFE ASSUMNCE SOCIETY
OF THE UNITED STATES; BY AMENDIN3 CONDITION 1
TO PROVIDE THAT THE MAXIMUM NURSER OF ONSITE
PARKING SPACES SHALL NOT EXCEED 1,622; BY
AMENDING AND EXTENDING THE MAJQR 'USE SPECIAL
PERMIT IDENTICALLY; FURTHER FINDING AND
CONFIRMING THAT SAID CHANCES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION AS WELL AS
ADDITIONAL FINDINGS, AND INCOlLnRATING SAID
FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING
THE TRANSMITTAL OF A COPY OF THIS RESOLUTION
TO THE HEREIN NAMED PERSON; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, by Resolution 85-1060, Oct: oo: 10, 1985, ;.he Cite
Commission issued a• Development Order end Major Use Special -
Permit for the Brickell Square Phase II and III Project. iocatee
ATTACHk"IEH11T(S)
CON TAI HED.
00 102
CITY COMCSSION
MSETU,*G OF
SEP 2 4 1992
lt*ftlut m Na
at 845-999 Bric'--+11 Avenue, a Developmenr -)f Regional Impact,
pursuant to Cuter 380., Florida Stats, and a Major Use
Special Permit pursuant to Zoning Ordinance 9500; and
WHEREAS, by Resolution 89-255, April 17, 1989, the City
Commission. changed the timing of the Project, by changing the
commencement of Phase II to November 1991; Phase III to June
1995, and completion of the project to 1993 from June 1987 and
January 1991, respectively; and
WHEREAS, this project was originally approved under Zoning
Ordinance 9500 and per Section 2105 Zoning Ordinance 11000 and
continues in that status; and
WHEREAS, the applicant, Equitable Life Assurance Society of
the United, States has assumed the interests of Tishman
Speyer/Equitable Joint Venture, and .now desires to- change again
the timing of the project and consequently desires to amend the
previously issued Development Order; and
WHEREAS, on November 27, 1991, the applicant filed
"Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) Subsection 380.06(19),
Florida Statutes" with the Florida Department of C=mmunity
Affairs, the South Florida Regional Planr_irs Council and the City
of Miami; and
WHEREAS, on November 27, 1991, the applicant applied for an
amendment to the previously issued Development Order and Major
Use Special Permit; and
-2r r
102
WHEREAS, t' 'i
Developm't
project is
Regional
part of
thee ase of
the Downtown
Miami
of
Impact
Doelopment
Order as a
permitted development and there is no need tc reserve development
credits; and
WHEREAS, per Section 380.06, Florida Statutes there is a
presumption of substantial deviation for this requested time
extension which can only be rebutted by clear and convincing
evidence to the contrary; and
WHEREAS, the Planning Advisory Board on March 11, 1992, Item
No. 3, recommended APPROVAL of the time extension in a 9 to 0
vote; and further recommended a finding of no substantial
deviation; and
WHEREAS, the applicant is also desirous of amending
Condition 1 of the Development Ordgr to provide that the maximum
number of onsite parking spaces not exceed. 1,622 and identicirlly
amending the Major Use Special Permit; and
WHEREAS, the City Commission considers this resolution to be
in the best interest of the citizens of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAs
Section 1. Th* recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby approved, confirmed, and adopted
by reference thereto and incorporated herein as if fully set
forth in this Section.
Section 2. Exhibit "A" of Resolutions 85-1060! dated
October 10, 1965 as amended by Resolution 89-410, dated Acril 17,
-3
—s1� _ 2 4 f
1989 (attached ae Development Order ante Major Use Special
Permit for the Brickell Square. Project Phases II and IIS Project
is hereby amended in the following respects:1I
FINDINGS OF FACT WITH MODIFICJ.TIONS
THE APPLICANT SHALL:
1. Incorporate the following into the project
design and operation to minimize the cumulative impact
of project traffic, and its associated pollutant
emissions, or air quality and energy uses:
Not exceed 1,622 onsite_parkincLspaces as determined b
parking space trip generation rate set forth in .he
Brickell Square Parking Analysis.
THE CITY SHALL:
27. Incorporate into the Development Order for
Brickell Square a timeline showing the project phasing,
specific elements of the' project plan, and conditions
of the Development Order which are. t= be met ,in each
phase or by other dates. For purposes of this
timeline, Phase. II shall commence In November,
May, 1996, Phase III shall commence in aune,
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-4=
GO- 102
December 399 and the project sha('& be completed in
19.9? 2001. All other conditions shall be in accordance
with the schedule provided in the timeline (figure 1).
28. Require, within 30 days of the effective date
of the Development Order, recordation of the Brickell
Square Development Order with the Clerk, Dade County
Circuit Court, pursuant to Section 380.06(14), Florida
Statutes (1984), specifying that the Development Order
runs with the land and is binding on the Applicant, its
successors, and/or assigns jointly or severally, and
shall include the following:.
a. That the City Commission of the City of Mimi,
Florida, has issued a Development Order for the
Brickell Square Project, Phases II and III a
Development of Regional Impact located at 845-999
Brickell Avenue.
b. That the Developer of the Brickell Square Project
is
Equitable Life Assurance Society of the United
States_, with offices at 777 Exickell Avenue,
Miami, Florida 33131.
C. That the Development Order with any, modifications
may be examined in the City Clerk's Offices, 3500
Pan American Drive, Dinner Rey, Miami, Florida
33133.
d. That the Development Order constitutes a 'land
development regulation applicable to the property;
-5=
00- IU`2
that the conditions contained i- this Development
Ordeoshall run with the Jim and bind all
successors in interest; it being understood that
recording of this notice shall not constitute a
lien, cloud or encumbrance on real property, nor
actual nor constructive notice of any of the sane.
This Development Order shall be considered null
and void December 31, 2001,
unless actual construction work, excluding grading
or excavating, is substantially under way on that
date.
t
CONCLUSIONS OF LAW
The Brickell Square Project Phases 11 and
proposed by
Equitable Life Assurance Society of the United States,
complies with the Miami. Comprehensive Neighborhood
Plan, is consistent with the orderly development and
goals of the City of Miami, and complies with local
land development regulations.
The proposed development does not unreasonably
interfere with the achievement of the o':jectives of the
adopted State Land Development Plan arplicable to the
City of Miami; and
The proposed development is gene=ally consistent
with the Report and Recommer&ations of the S=zth
Florida Regional Planning Council and does not
-6-
00- uAd
unreasonably interfere with any of the considerations
and objects set forth in Chapt380, Florida
Statutes.
Changes in the projects which do not exceed
development parameters set forth in the Applications
for Development Approval and Report and .Recommendation
of the Regional Planning Council shall not constitute a
substantial deviation under Chapter 380, Florida
Statutes notwithstanding City zoning approvals whish
may be required.
The phasing schedule changes to the original
Brickell Square Phases II and III DRI Development Order
set forth herein da not constitute a substantial
deviation under Chapter 380,':Florida Statutes (Supp.
1988).
s • •�
Section 3. The proposal is not affected by, or have an
effect on, the Downtown Miami Development of Regional Impact
Development Orders (Resolutions 87-1148 and 1149; Decker 10,
1987). This project is a permitted development assumed to be in
the base of these Development Orders.
Section 4. The City ,Manager is hereby Instructed to direct
the Director of Planning, Building and Zoni.-.S to transmit a copy
of this Resolution Lucia A. Dougherty; Greenberg, Traurig,
Hoffman, Lipoff,-Rosen and Quentel, 1221 Brickell Avenue, Miami,
Florida 33131; Carolyn Dekle, Executive Director, South ?lorida
Regional Planning Council, 3440 Hollywood 5oulevard, Stitt' 140,,
-7_62 ..
C� _
Hollywood, Flo 0A 33021, and Randall KellAssistant Secretary,
Florida Department of Community Affairs 140 p Y C ente
rview Drive,
Tallahassee, Florida 32399.
Section S. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this .24th -r
ATT
MATPTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
LINDA KELLY KE ON
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
At QTXNN ES, III
City Att ey
LKK/pb/M2851 ,
_8 9
X02� 6 � t
G,--
a ,..,._.•..,.,'.>:•s;.:.:;_�.�:�..,.,e_....,.'DE51�RI'BL�:R::NE7FE
.P.ROP:NT VENTUK.
O;S
'=ANQrIMJQRyUS&
Yni_rn _ .a r,ir i..,-. f. �nrn:aim 'u�l,V iiusa 1+rtv-:r rg
OF RIATtI. PLANNING ADVISORY `ROAR113: StWfIGT TO
THE CONDITIONS OF THE DEVELOPTdENT ORDF,R
-TR
f° .
ATTACHER HERETO AS FXMIT "r,
:; f
APPLICATION FOR DEVELOPMENT APPRPYAL
MURPORATED HEREIN 8Y REFERENCE, AND TIf
REPORT AND RECOMMENDATIONS OF THE S011TH
:
FLORIDA REGIONAL PLAUNIHG COUNCIL, ATTACHED
SLP=.�-.• _._
.-...-�.. ._:
Yni_rn _ .a r,ir i..,-. f. �nrn:aim 'u�l,V iiusa 1+rtv-:r rg
OF RIATtI. PLANNING ADVISORY `ROAR113: StWfIGT TO
THE CONDITIONS OF THE DEVELOPTdENT ORDF,R
-TR
f° .
ATTACHER HERETO AS FXMIT "r,
:; f
APPLICATION FOR DEVELOPMENT APPRPYAL
MURPORATED HEREIN 8Y REFERENCE, AND TIf
REPORT AND RECOMMENDATIONS OF THE S011TH
:
FLORIDA REGIONAL PLAUNIHG COUNCIL, ATTACHED
HERETO AS EXHIBIT "B", INCLUSIVE, AND
INCURPORATED HEREIN BY REFEitENCE; MAILING
FINDITIGS; PROVIDING THAT THE PERMII SHALL BE
:F
BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST;. FURTHER. DIRECTIND THE CITY CLERK TO
SE110 COPIES OF THE HEREIN RESOLUTIO11 AND
DEVELOPMEUT ORDER TO AFFECTED AGF.HC IES AND
THE DEVELOPER.
HHEP.EAS, Tishman-Speyer/Equitable Joint Venture has submitted a complete
Application for Development Approval for a Development of Regional Impact to
the South Florida Regional Planning Council pursuant to Section 380.06 Florida
Statutes, and did receive a favorable recommendation for a proposed development
order as set forth in the Report and Recommendations of the South Florida
Regional Planning Council; and
14HEREAS, the Miami Planning Advisory Board, at its meeting held on
September 4, lgaS, following an advertised hearing, adopted Resolution No.. PAR
44-85 by a 8 to O, recommending approval with modifications of the Development
of Regional Impact; and
WHEREAS, a recammendation from the Miami planning Advisory Board has been
forwarded as required by Ordinance 8290; and
WHEREAS. the City Coma,ission has conducted a public hearing an October 10,
1984, having considered the Application for Major Use Special Permit and the
Application for Development Approval and the Report and Recommendations of the
South Florida Regional Planning Council; and
WHEREAS, the City Coemission has determined that all legal requirements
have been compiled with; and
WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Development Order as >,
hereinafter set forth; and CiTy
WEETINO OF
W.
00—"
$�eISO M
e® e;.pe eijis MoiJ�1 is mately 42.030 65F of
affordable housing, pursuant to,S80106 1856.8.2 of the City's Zoning Code.
NOW. THEREFORE, 8E IT RESOLVED 8Y THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
FINDINGS OF FACT
Section 1. THe following findings of fact are made with respect to the
project:
a. The Commission has determined that the project is in conformity
with the adopted Miami Comprehensive Neighborhood Plan.
b. The Commission has determined that the project is in accord with
the district zoning classification of Zoning Ordinance 9500.
c. The City Commission finds that the project would not create
adverse impact on air quality, ground water, soils, animal life,
vegetation, waste water management or solid waste disposal, and
further finds that it would have a number of positive impacts
including:
(1) The costs of construction of Phases II and III will total
approximately $116 million and require a total of 1,730
employees. Approximately 87% or $101,137,085 will be spent
in the region. Permanent employment may reach 2,749. with
2,049 being relocated from within the region. and 700 newly
created jobs. An estimated $66 million would represent
value added to the regional economy.
(2) An annual surplus of over 2.8 million dollars to taxing
jurisdictions with approximately 999,311 for Miami.
$658.821 for Dade County, $753.715 for the School District.
and $41.745 for the South Florida Water Management District
and special districts combined.
(3) Access and circulation should be improved by the applicants
fair share contribution toward a southbound left turn lane
and signalization at 8rickell Avenue/S. E. 10 Street. the
closing of the median opening at 8rickell Avenue and
Ambassador Drive, and the restriping of S. W. 8 Street
from S. N. 2 Avenue to S. W. 3 Avenue. for a fair share
total of $122.407.
.2-
46.
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.
4 The. project will ef fi ci'Ont
) nepusiary ubTi,
facilities; and
(5) The project will have a favorable impact on the environment
and natural resources of the City; and
(6) The project will not adversely affect living conditions in
the neighborhood; and
(7) The project would not adversely affect public safety'. and
(0) That there is a public need for the project.
A
Section Z. A Development Order and Major Use Special Permit. attached
X.
hereto as Exhibit "IV' and made a part thereof by reference, approving with
modifications, the Drickell Square Project Phases 11 and III, a. Development of
-Speyer/Equitable Joint Venture, for
Regional Impact. proposed by Tishman
iapproximately 845-999 Drickell Avenue (legal description on file with the
I
Department of Planning and Zoning Boards Administration), be and the same is
hereby granted and issued.
Section 3. The Consolidated Application for Development Approval as
revised pursuant to Condition 15 Exhibit "A" is incorporated herein by
reference and relied upon by the parties in discharging their statutory duties
under Section 300.06. Florida Statutes and local ordinances. Substantial
compliance with the representations contained in the Application for
Development Approval is a condition for approval unless waived or modified by
i.
agreement among the Council, City and Applicant, its successors and/or assigns,
Jointly and severably.
Section 4. The Report and Recommendations of the South Florida Regional
Planning council. attached hereto as Exhibit W are incorporated herein by
reference.
Section S. the development order, as approved, shall be binding up6h the
applicants and any successors in interest:
102
CO- 102
'':.. •
77
J -89-25S
4/17/89
RESOLUTION NO. 89-410
ATTACHMENT, AMENDING A
A. -RESOLUTION, WITH
PREVIOUSLY APPROVED DEVELOPMENT ORDPR
(RESOLUTION 85-rI060-, OCTOBER 10, 1905,
ATTACHED) FOR THE BRICKELL SQUARE PHASES 11
AND III PROJECT, APPROXIMATELY 845-999
BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06 FIA. STAT.
(SUPP. 1988). AND MAJOR USE PURSUANT TO
ZONING ORDINANCE NO. 9500 by AMENDING
CONDITION 25 TO EXTEND A DEADLINE; CONDITION
27 OF SAID DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMRNT'OP PHASE 11 TO NOVEMBER 1991;
PHASE III TO JUNE 1995, FROM JUNE 1967,
JANUARY 1991 AND 1993, RESPECTIVELY; PURTHRR
PINDING AND CONFIRMING THAT SAID CHANGES 00
NOT CONSTITUTE A SUBSTANTIAL DEVIATION
PURSUANT TO SECTION 380.06, PLA. STAT. (SUPP,
1988), AND THAT SAID CHANGES ARE NOT PART OF
THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDERS (RESOLUTIONS 07-1148 AND
1149; DECEMBER 10, 1987); INCORPORATING' SAID
FINDINGS IN CONCLUSIONS OF LANs DIRECTING THE
CITY CLERK TO SEND COPIES OF THIS RESOLUTION
TO AFFECTED AGENCIES AND THE DEVELOPER: AND
CONTAINING AN EPPECTIVE DATE. i.
WHEREAS, by Resolution 85-1060, October 10. 1985, the City
Commission issued a Development Order and Major Use Special.
Permit for the Brickell Square Phase 11 and III Project, located
at 845-899 Brickell Avenue, a Development of Regional impact
pursuant to Chapter 380. F.S., and Major Use pursuant to toning
Ordinance 9500; and
WHEREAS, The applic4nt Tishman Speyei/Equitable Joint
Venture, now desires to change the timing of the Project 'and -
consequently desires to amend the previously Issued '00 -V410020 -
At
Order; and
WHEREAS., on December 27, 1986, the
applicant- file ..,
NN6tificatioh of a Proposed Cbanje to a PrevioUgly pproV
DevelOPMent Of Regional Impact (DRI) Subia Ci�lon j6o. 06 (19.:
Florida Statutes" with the Florida .Department
-Aifiii3"": th4 Spil-th Florida Regional Planning 'COunci-
Q:,
102
WHSRHAS, on February 2. 1989* the applicant applied for an
amendment to the previously-issued Development Orders Major Use
Special Permit and a reservation of development credits pursuant
to the City of Miami Downtown DRI; and
WHEREAS, on April 27, 1989, the City Commission held an
advertised public hearing to consider this application for
amendment' and whether it ConStituted a substantial deviation
under Chapter 380, Florida Statutcaj and
WHEREAS, the City Commission considers this resolution to be
in the beat interest of the citizens of the City of Mlamli
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION Of TH8 CITY
OF MIAMI, FLORIDAt
Section 1. The recitals and findings contained in the
preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are.-hereby approved, confirmed,-and adopted
by reference hereto and incorporated herein as If folly set forth
in this section.
. .-
Section 2. Exhibit A of Resolution 85-10.601datedOctober
10, 1965 (attached) the Development Order-and major Us*Special
Permit for the Brickell Square Project Phases 11 and. III - Project
Is hereby amended in the following respectesy
AT
FINDINGS OF FACT WITH MODIFIS;&TIONS
THS CITY SUALL:,
k
256 11taX PreviA-thee th&4
DoVelopaent Order arid_ torthet."...
developtoiant '.permits thereunder gh.A1l,, qkarited,.; oifti
such ::time As anAm6nded-.:,!"A
Wgrd and/or :Jigure4, ,'strlckeri t.thtou405:;
R.
ft*
Undierscore words and/or figures R,
rma-vxn-io, • are-. now.
i
an !• mil
Arfais"iridicaie-omitted and unchgi4
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4
information, is submitted to the Council, City, and
State and an Amended Development Order issued, if
{
Condition 15 has not been met within three (3) years of
the effective date of this Amended Development order or
if construction of the Brickell leg of Metromover state }
I' II has not begun by January 1, ,IUp 1995. If this
condition is triggered by .events outside the Control of
A
the Applicant, the scope of the Amended ADA and the
review thereof shall be limited to air quality and
transportation information, Impacts and issues; and the A
applicant will be able to complete any development for
which permits have been issued, provided such
development does not exceed 950,000 square feet on-
site, including Phase I development. Air quality and
transportation information in the amended ADA shall be
in the format specified in Exhibit 5 (DRI Assessment,
page 73) or, at the option of the Council, another
format may be specified. should the Development Order
be stayed pursuant to this condition, nothing herein
shall be construed to limit Condition 27 below that
this Development Order runs with the land, and its
terms and conditions are binding on the Applicant, its
successors, and/or assigns. :.
27. .Incorporate into the Develovment Order. for
Brickelx Square a timeline showing the project phaei:ngv�.
specific elements of the project plan, and Von it ono.
of ' theDevelopment Order% which are to be net int"N
phase or by other dates. For eurposes. of.: this :: . �.uYz
timeline. Phase YI shall ovmn)ence in. Novemtier.. 19.9X': i`i:
Phase lYI steal -1 commence in June .1995 and'the"'pi�3eCC:':;`::,,
June,
.1995
be com leted in 1997. All other, VcondiiCiohn sliail:l '-=::`':'.'`•:::' : ,=�=�`sr
be in accordance with the Schedule. siroVi'4s® ' in
timeline (figure 1): "_';
M.
'` a
CONCLUSIONS OF LAN
The $rickell Square Project, proposed by Tishman
Speyer/Equitable Joint Venture, complies with the Miami
Comprehensive Neighborhood Plan, is consistent with the
orderly development and goals of the City of Miami, and
complies with local land development regulations.
The proposed development does not unreasonably
interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the
City of Hiamii and
The proposed development is generally consistent with
the Report and Recommendations of the South Florida
Regional Planning Council and does not unreasonably
interfere with any of the considerations and objectives
set forth in Chapter 380, Florida Statutes.
Changes in the project which do not exceed development
parameters set forth in the Application for Development
Approval and Report and Recommendation of the Regional ty
Planning Council shall not constitute a substantial itis
deviation under. Chapter 380 Florida Statutes (Supp.
14.88). notwithstanding City zoning approvals which may <=�
be required.
:.The :phasing ::schedule changes to the original Brickell ;: _'•'.r__
Square Phases =XI and YII O8I -develop order set.'
- y.rar.
...forth .herein .do, not constitute a substantial deviation
uride r:.ChaQter.380 Florida Statutes (Supp. 19$$).
Section 3. The proposed arenot affected b
effect 'on' the Downtown Miami Develooment' of Regioeai
Development orders (Resolution' 87-1148'. and
1987).
•.•fib,.. y° �^6•..: +,�+,�.l-
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-- 102
I
Section 4. This Resolution shall ba transmitted to
Luoia A. Dougherty; Greenberg, Traurig, Hoffman, Lipoff, Rosen
and Quentel! 1221 Brickell Avenue, Miami, PL 331311 Jack
Osterholt, Executive Director, south Florida Regional Planning
Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Floclda
33021. and Thomas Pelham, Secretary. Florida Department of
Community Affairs, 2740 Centerview Drive, Tallahassee, Florida
32399.
Section 5. Thle Resolution shall become effective
immediately upon its adoption.pursuant to law.
PASSED AND ADOPTED this 27th day of , 1989.
A IERQARE-2, MAYS"`
PREPARED AND APPROVED BY:
?IZF
t9ARWUL
SSISTANT CITY ATTORNEY. r
E: APPROVED AS TO FARM AND
CORRECTNESS :
L.- .
Ja E. L. Fe DES,.z
ff CITY ATT0PN . `r
�:. -._
4. JE14/d/db/14974
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J-92-221
7/fi/42
RESOLUTION NO. 92— 597
A RESOLUTION, WITH ATTACHMENTS, 3114END714G A
PREVIOUSLY APPROVED DEVELOPMENT ORDER
(RESOLUTION 65-1060, ADOPTED OCTOBER 10,
1985, AS AMENDED BY RESOLUTION 89--410,
ADOPTED APRIL 27, 1989, ATTACH -7n) FOR THE
BRICKELL SQUARE PROJECT, PHASES II AND III,
LOCATED AT APPROXIMATELY 845--":9 BRICKELL
AVENUE, r DEVELOPMENT OF REGIONAL IMPACT,
PURSUANT TO SECTION 380.06, FLORIDA STATUTES,
AND A MAJOR USE PURSUANT TO ZC1'i14C ORDINANCE
NO. 9500, BY- AMENDING CONDITICY, 27 OF SAID
DEVELOPMENT ORDER BY CHIMI„1NG THE
COMMENCEMEIIT OF PHASE II TO aAyr 1996 AND
PROVIDING FOR A COMPLETION DATE O, DECEMBER
2000, .AND PHASE III TO DECEMBER 1999, AND
PROVIDING FOR A NEW COMPLETION '_`ATE OF THE
PROJECT TO DECEMBER 2000 (FROM PREVIOUS DATES
OF NOVEMBER 1991, OF JUNE 1995, AND 1997,
RESPECTIVELY]; BY REVISING FIGURE 1 TIMELINE
ACCORDINGLY; BY AMENDING CONDITION 28D TO
CHANGE THE TERMINATION DA^.•Z OF THE
DEVELOPMENT ORDER TO DECEMBER 3i. 2001., FROM
DECEMBER 1996; 8Y CHANGING TPP ULME OF THE
APPLICANT TO EQUITABLE LIFE ASSUF.A!4:E SOCIETY
OF THE UNITED STATES; BY AMPNDIN; CONDITION I.
TO PROVIDE THAT THE MAXIMUM NUFSER OF ONSITE
PARKING SPACES SHALL NOT EXCEED 1,622; BY
AMENDING AND EXTENDING THE MAJOR USE SPECIAL
PERMIT IDENTICALLY; FURTHER F'NDING AND
CONFIRMING THAT SAID CHANG^S DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION AS WELL AS
ADDITIONAL, FINDINGS, AND INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAk;; I7NSTRUCTING
THE TRANSMITTAL OF A COPY OF THIS RESOLUTION
TO THE HEREIN NAKED PERSON; AND FRVVIDING FOR
AN EFFECTIVE DAT£.
WHEREAS, by Resolution 05-I1)S(t, OC -,T'_ -a= 10, 1985, :'ie CiLy
Commission issued a Development Orden e -•c Major Use Special
Permit for the Brickell Square Phase II and III Project located
i�
�I T ACH' All -i1T(S)
CON TA I NED
CITY COMMISSION
MEEnna OF
SEP 2 k 15,92
IioaalnNaa.Na
1 0 9
at 845-999 Brickell Avenue, a Development of Regional Impact,
pursuant to Chapter 380., Florida statutes, and a Mvajor Use
Special Permit pursuant to Zoning Ordinance 5500; and
WHEREAS, by Resolution 89-255, Atari) 17, 1989, the City
Commission changed the timing of the Project, by changing the
commencement of Phase II to November 1991; Phase III to June
1995, and completion of the project to 1::13 from June 1987 and
January 1991, respectively; and
WHEREAS# this project was originally approved under Zoning
ordinance 9500 and per Section 2105 Zoning_. Ordinance .11000 and
continues in that status; and
WHEREAS, the applicant, Equitable Life Assurance Society of
the United States has assumed the in:.erests of Tishman
Speyer/Equitable .joint venture, and now desires to change again
the timing of the project and consequently 'esires to amend the
previously issued Development Order; and
WHEREAS, on November 27, 1991, the applicant filed
"Notification of a Proposed Change to a Previously Approved
Development of Regional Impact (DRI) Subsection 380.06(19),
Florida Statutes" with the Florida Department of Community
Affairs, the South Florida Regional Planning Council and the City
of Miami; and
WHEREAS, on November 27, 1991, the Apn1iCant appli.st. for an
amendment to the previously issued Deveiop-tient order and Major
Use Special Permit; and
i
log
WHEREAS, this project is part of the base of the Downtown
Miami I)evelopment of Regional Impact Development order as a
permitted development and there is no need to reserve development
credits; and
WHEREAS, per Section 380.06, Florida Statutes there is a
presumption of substantial deviation fox this requested time
extension which can. only be rebutted by -::;ear and convincing
evidence to the contrary; and
WHEREAS, the Planning Advisory Board on March 11, 1992, Item
No. 3, recommended APPROVAL, of the time extension in a 9 to 0
vote; and further recommended a findinc of no substantial
deviation; and
WHEREAS, the applicant is also da-sirous of Mending
Condition 1 of the Development Order to provide that the maximum
number of onsite parking spaces not exceed 1,622 and identically
amending the Major Use Special Permit; and
WHEREAS, the City Commission considers this resolution to be
in the best interest of the citizens of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY �
OF MIAMI, FLORIDA:
Section I. The recitals and finding• contained in the
Preamble to this Resolution pertaining to-ubstantial daviatio n
as Conclusions of Law are hereby approved, c nfirmed, and adopted
by reference thereto and incorporated herein as if fully set
forth in this Section.
Section 2. Exhibit "A" of Resolutions 85-1060s dated
October 10, 1985 as amended by Resolution 89-410, dated April 17,
0- 102
1989 (attached) the Development Order and the Major Use Special
Permit for the Hrickell Square Project Phases II and III Project
is hereby amended in the following respects:111
FINDINGS OF FACT WITH MODIFICI..TIONS
THE APPLICANT SHALL:
1. Incorporate the following into the project
design and operation to minimize the cumulative impact
of project traffic, and its associated pollutant
emissions, or air quality and energy uses:
Not exceed-1,622 onsite parking spaces as determined by
parking space trip generation rate 8_t forth in the
arickell Square,Parkinq Analysis.
THE CITY SHALLt
27. Incorporate into the Deveiopment Order for
Brickell Square a timeline showing the project phasing,
specific elements of the project plan. and conditions
of the Development Order which areae met in each
phase or by other dates. For purposes of this
timeline, Phase II shall commence :r. 110%,ellkber,
M -ay, 1946, Phase III shall commence in Juiwq• 19-95
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shai' be added. The
remaining provisions are now in _ effec'anal remain unchanged.
Asterisks indicate omitted and unchang4d material.
,q_
December, 1999 and the project shall be completed in
199-? 2001. All other conditions shall be in accordance
with the schedule provided in the timeline (figure 1).
28. Require, within 30 days of the effective date
of the Development order, recordation of the Brickell
Square Development Order with the Clerk, Dade County
Circuit Court, pursuant to section 380,06(14), Florida
Statutes (1984), specifying that the Development Order
runs with the land and is binding on the Applicant, its
successors, and/or assigns jointly or severally, and
shall include the following:
a. That the City Commission of the City of Miani,
Florida, has issued a Development. Order for the
brickell Square Pzoject, Phases 11 and III a
Development of Regional Impact located at 845-999
Brickell Avenue.
b. That the neveloper of the Brickell_ Square Project
is
Equitable Life Assurance Society of the United
states, with offices at 777 -Brickell Avenue,
Miami, Florida 33131.
C. That the Development order with any modifications
may be examined in the City Clerk's offices, 3300
Pan American Drive, Dinner Key, Miami, Florida
33133.
d. That the Development Order constitutes a laid
development regulation applicable to the property;
0—
I
.....-....:r:a��.;:.siiPs:3•. ::A'J✓.iY.rw•�'aY[J�
that the conditions contained in this Development
Order shall run with the land and bind all
successors in interest; it being understood that
recording of this notice shall not constitute a
lien, cloud or encumbrance on rsal property, aor
actual nor constructive notice of any of the same.
This Development OrdQr shall be considered null
and void eeeeitiber of 199G December 31� 2041,
unless actual construction work, excluding grading
or excavating, is substantially under way on that
date-
CONCLUSIONS or LAw
The 8rickell Square Project Phases II and X11,
proposed by T-shm .b-js joint Ve .b-j.Ize
Equitable Life Assuranco Society of t,le United Stats,
Complies With the Miami comprehensive Neighborhood
Plan, is consistent with the orderly development and
goals of the City of Miami, and complies with local
land development regulations.
The proposed development does not unseasQnably
interfere with the achievement. of the ^:_jectives of the
adopted State band Development Plan a.r.Plieable to the
City of Miami; and
The proposed development is gene ally consistent
with the Report and Recommenr:ations of the Scuth
Florida Regional Planning Council and does rot
;.F unreasonably interfere with any of the considerations
and objectives set forth in Chapter 380, Florida
Ei
Statutes.
Changes in the projects which do not exceed
development parameters
set _
orth in the
Applications
for Development Approval and Report and Recommendation
i
r: of the Regional Planning Council shall not constitute a
substantial deviation under Chapter 360, Plorida
Statutes notwithstanding city zoning approvals which
may be required.
The phasing schedule changes 'zo the original
Brickell Square Phases II and III DRI ,inevelopment Order
set forth herein do not constitute a substantial
i.,. deviation under Chapter 380r Florida Statutes
(Su -pp.
Section 3. The proposal is not affe,.ted by, or have an
C
effect on, the Downtown Miami Development of Regional Impact
Development Orders (Resolutions 87-1148 and 3.149; Decer..bar 10,
1987). This project is a permitted develagn:ent assumed to be in
the base of these Development Orders.
i
Section 4. The City :Manager is herel-- :.nstructed co direct �
the Director of Planning, Building and Zoning to traosmit a cop=
3 of this Resolution Lucia A. Dougherty; :3reenberg, 1'raurig,
A
Hoffman, Lipoff, Rosen and Quentel, 1221 S;.ickell Avenue, Miami,
: Florida 33131; Carolyn Aekle, Executive Dig ctor, South Florida
Regional Planning council, 3440 Hollywood. Boulevard, Suits 140,4.
s
i
;:
-7-
00- lA rh
u
Rollywood, Florida 33021, and Randall Kelly, Assistant Secxetaxy,
Florida Department of Community Affairs, 2740 Centerview Drive, 1
JJJ
Tallahassee, Florida 32399.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this .,2Ath day of , 1992,.
ATT T AVIE.F L. SU EZ, 3.�'0R
MA • Y HIRAI
City Clerk
PREPARED AND APPROVED! BY:
LINDA KELLY KEA#SON
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
A 'QMN "E , I I -�-
City Att r ey
LKK/pb/M2851
-8-
rh U- luz
i
J-94-600
7/26/94 91- 597
RESOLUTION NO.
A RESOLUTION. AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT. ORDER (RESOLUTION NO. 83-695) FOR
THE BRICKELL SQUARE PROJECT, PHASE I, LOCATED
AT APPROXIMATELY 801-999 BRICKELL AVENUE,
MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO SECTION 380.06, FLORIDA
STATUTES, AND A MAJOR USE SPECIAL PERMIT,
PURSUANT TO ZONING ORDINANCE NO. 9500, BY:
AMENDING THE LEGAL DESCRIPTION OF PHASE I OF
SAID ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTION CONTAINED HEREIN; FINDING AND
CONFIRMING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING
ADDITIONAL FINDINGS AND INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING
THE TRANSMITTAL OF COPIES OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 83-695, adopted July 28,
1983, the City Commission issued a Development Order for a
Development of Regional Impact, pursuant to Chapter 380, Florida
Statutes, for the Briokell Square Project located at
approximately 801-999 Briokell Avenue, Miami, Florida,
("Project„); and
WHEREAS, the applicant, Lucia A. Dougherty, authorized
r
representative of EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED
STATES ("Applicant"), now desires to change the legal description
of the Project and consequently desires to amend said previously
issued Development Order; and
WHEREAS, on June 16, 1994, the Applicant filed a
Notification of a Proposed Change to a Previously Approved
00- 16
�l.
.�, E +
�St1kt�St;Ifio.
Development of Regional Impact (DRI) pursuant to Subsection
380.06(19), Florida Statutes, with the Florida Department of
Community Affairs, the South Florida Regional Planning Council,
and the City of Miami; and
WHEREAS, on June 16, 1994, the Applicant applied.,for an
amendment to said previously -issued Development Order; and
WHEREAS, the proposed amendment does not constitute a
substantial deviation pursuant to Section 380.06(19)(e)(2),
Florida Statutes (1993), and, thus, is not subject to a
substantial deviation hearing or determination by the City of
Miami; and
WHEREAS, Planning Advisory Board Resolution No. PAB 38-94,_.`
adopted July 13, 1994, following an advertised public hearing, by
a vote of nine to zero (9-0), recommended APPROVAL of the subject
application for amendment; and
WHEREAS, the City Commission considers this Resolution to be
in the best interest of the citizens of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
r
Section 1. The recitals and findings contained in the
Preamble to this Resolution pertaining to substantial deviation
as Conclusions of Law are hereby approved, confirmed, and adopted
by reference thereto and incorporated herein as if fully set
forth in this Section.
-2-
:r
Section 2. Exhibit "A" of Resolution No. 83-695, the
Development Order and Major Use Special Permit for the Briokell
Square Project, is hereby amended in the following respeots:l/
M s s s s
MAJOR USE SPECIAL PERMIT
AND
DEVELOPMENT ORDER
Let it be known that the Commission of the City of
Miami, Florida, has considered in public hearing on
July 28, 1983, a) the issuance of a Major Use Special
Permit pursuant to Section 2803, Article 28 Major Use
Special Permits: Detailed Requirements of Zoning
Ordinance 9500 and b) the issuance of a Development
Order for a Development of Regional Impact pursuant to
Section 380.06 Florida Statutes, said major use and
development to be located in the City of Miami, at
approximately 801-999 Brickell Avenue, being
Att that purtton of bots 8, 9, to, ,
12 alit"B" at Page 3:10, of the Pabl:±o Records of
Dade eounty, Ftortda, ty±ng west of tile
,
certatu deed dabed November 3:8. ,
ftted
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material. U 0 ` 1 9 2
-3-
-
:
_-
: Ole :
.01 Q'IMM291909
BE*MAkW.kTAMq,e most Northerly-- corner of Lot 8,
Block • South. AMENnED MAP .t
ADDITION TO MIAMI. according tn the Diat
thereof reoorded in lat Book "B" at Page 119S
of } - Public Reoordsof T)ade County,
Florida: thenoe run South 76 degrees 411 220
East along the Northerly boundary of said Lot
8 for a distanoe of 300.00 feet to the point
of curvature of a curve. concave to the
-4-
"Wireno -40;
BE*MAkW.kTAMq,e most Northerly-- corner of Lot 8,
Block • South. AMENnED MAP .t
ADDITION TO MIAMI. according tn the Diat
thereof reoorded in lat Book "B" at Page 119S
of } - Public Reoordsof T)ade County,
Florida: thenoe run South 76 degrees 411 220
East along the Northerly boundary of said Lot
8 for a distanoe of 300.00 feet to the point
of curvature of a curve. concave to the
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THAT CERTAIN EXTERNAL AREA AT THE MOST
NORTHERLY CORNER OF SAID LOT B. FORMED BY AN
ARC OF 30 FOOT RADIUS, CONCAVE TO THE
SOUTHEAST, THAT IS TANGENT TO THE NORTHERLY
AND WESTERLY BOUNDARIES OF SAID LOT B.
CONTAINING AN AREA OF 193 SQUARE FEET, MORE
OR LESS.
SAID TRACT I CONTAINING 82.691 SQUARE FEET
MORE OR LESS OR 1.898 ACRES MORE OR LES
FINDINGS OF FACT
* * * s
* * *
THE APPLICANT SHALL
* s
28. The Applicant shall give notice to
Brtrrker Harvey Ruvin, Clerk, Dade County Circuit Court,
73 West Flagler Street, Miami, Florida, 33103, for
�- 102
recording in the Official Records of Dade County,
Florida, as follows:
a) That the City Commission of the City of Miami.
Florida, has issued a Development Order for the S.B.
8th Street and Briokell Avenue Project, a Development
of Regional Impact located at approximately 801-9"
Briokell Avenue, being
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CONCLUSIONS OF LAW
Section 3. The development as proposed:
(a) does not unreasonably interfere with the
achievement of the objectives of state land development
guidelines, regulations or plans applicable to the City of Miami;
r
(b) is consistent with local subdivision and platting
requirements;,and
(o) is consistent with the Report and Recommendations
of the South Florida Regional Planning Council.
Section 4. Upon full execution, this Resolution shall be
transmitted to the Developer -Applicant, LUCIA A. DOUGHERTY,
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authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE
UNITED STATES, whose address is 801 Briokell Avenue, Suite 806,
Miami, Florida 33131; Ms. Carolyn Dekle, Executive Director,
South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida 33021; and Ms. Linda L.
Shelley, Secretary, Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee, Florida 32399.
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