HomeMy WebLinkAboutR-97-0554t
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J-97-480
7/24/97
RESOLUTION NO. 9 a ` 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
ATTACHMENT OI
f CONTAINED
my COMOSSION
WEETING OF
i
JUL 2 4 1997
Resolution no.
97 ���
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
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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
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97- 551-1
1
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. 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
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Square Project, and attached hereto as a part of Composite
Exhibit "A" of this Resolution, is hereby amended as follows:1/
"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 the foregoing, any site
11LMM M
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 site
plans, development plans, landscape plans, or any other
plans, or similar depictions of projected devPlo m n_
that are contained within the Application for
Development Approval, together with any textual
descriptions ons or r f r nces o c:uch plans, except as
r-Qyide in Section 4_1 below, shall_ be deemed
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.
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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
Composite Exhibit "A" of this Resolution, is hereby amended as
follows:Z/
DEVELOPMENT ORDER
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
FINDINGS OF FACT WITH MODIFICATIONS
EXHIBIT A
5--aft
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Maw..
2.1 Ibid.
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ITMITVCT�..
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97- 55,11
• • • • - . u - • . - - • • - • • - .
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 11 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.
- 9 - 97- 554
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 by December, 1999,
Phase III shall commence in 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).
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9'7-- 554
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
97- 554
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
ATTEST:
WALTER J.
CITY CLERK
PREPARED AND APPROVED BY:
T-
GE GE . WYSONG, III
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
649 11 .: �
W1723/GKW/'BSS/amr
day of July 1997
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COMPOSITE EXHIBIT "A"
}
J-96-238y! - 1
4/2/96
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. 89-255, 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
CITY COMMISSION
MEETING OF
APR 2 5 1996
Rosolutica No.
97- 554
Department of Community Affairs, the South Florida Regional
Planning Counci* and the City of Miami; an*
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. 85-1060,
adopted October 10, 1985, as amended by Resolution No. 89-410,
adopted April 27, 1989, Resolution No 92-597, adopted
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9-7-- 554
September 24, 1992, and Resolution No. 94-598, adopted July 26,
1994, of the A-kell Square_ Project, andlk- tached 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
# # #
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, 4:996
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).
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,
'-' 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 -
OIL;- 554
regulations or plans applicable to the City of Miami;
and * 0
(b) is consistent withlocal 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 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 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.
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� = 554
Section 6.* This Resolution sha0 become effective
forty-six (46) days from the date of adoption thereof.
PASSED AND ADOPTED this 25th day of Apri 1 , 1996.
ATTEST:
Qzmw
WALTER J
CITY CLERK
PREPARED AND APPROVED BY:
I'd 5' )k w,G//
r24-
MAXWE CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
h
A.' QVfjNNe2rS, II
CITY TTY
w690.DOC:BSS
[Z
STEPAN P. CLERK, MAYOR
97-- 554
Noo1cation of a Propose(f:hange
to a
Previously Approved Development
of
Regional Impact (DRI)
Subsection 380.06(19)9 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
COMPOSITE EXHIBIT "A"
97- 554
STATE OF FLORI0
DEPARTMENT OF ��rQ4UNITY 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.
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.
1 � \ O`rc� 1 ►) al °� 1�
(Date)
1
.a-df-%nh "A
(Signature)
2. Applican*ame, address, phone). 0
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.
97- 554
List al he dates and rescluti numbers (or other
appropriaW numbers) O-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
3
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(Pha® I, II and III) as a Phase*roject 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.
8. 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.
Yes, the only change is to the commencement date for Phase 11.
The change is to amend the commencement date from May 1996 to
December.1999. There is ns change to the completion date.
11. will the proposed change require an amendment to the local
government comprehensive plan?
4
97_ 551
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 requested:
5
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0-..
NDINGS OF FACT.WITH MODIATIONS
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
G
vg-r-w"OTU
97- 554
® 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 113.6f 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
Lvit iiill0:- r-
94 AUG
J-94-600 �
-4 PM 2:
7/26/94 9 4 s 597
RESOLIITION NO. `" — ='� r
`— �' -.._
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 83-898) 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; MAKING
ADDITIONAL FINDINGS AND INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAX; INSTRUCTING
THE TRANSMITTAL OF COPIES OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 83-898. 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 Projeot located at
approximately 801-999 Briokell Avenue, Miami, Florida.
("Projeot"); and
WHEREAS. the applioant. Luoia A. Dougherty, authorized
r
representative of EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED
STATES ('Applioant•), nov desires to change the legal description
of the Project and consequently desires to amend said previously
issued Development Order; and
WHEREAS. - on June Ia. 1994. the Applicant filed a
Notifioation of a Proposed Change to a Previously Approved
C.Cwl=qw
=1fi. qr-
1U ,
94- 59
qj= 554
•
THE APPLICANT SHALL
s • s
28. The Applioant shall give notioe to Rtwtmrd P.
Brinker 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:
97- 554
•
0
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 Project, a Development
of Regional Impact located at approximately 801-0"
Brickell Avenue, being
��•+ :
. -�=cam
- - : .•..
i
97" -- 554
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"
Brickell Avenue, being
q5 • •
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llop
•
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• •. _. - • • u_
no 554
I
oI WO)
"Me"
0 1
7= 554
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;
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 Ms. Linda L.
Sheliey, Seoretary,'Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee. Florida 32399.
—10-
9 .- 554
0 •
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 Y. CLERK. MAYOR
ATTEST
MA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
JOEL E. MAWEtt
DEPUTY CITY ATTORNEY
M4481/JEM/mis/osk/bas
APPROVED AS TO FORM AND
CORRECTNESS:
f 0�
A. QII NN J_PN%S, I
CITY ATTO Y
97- 554
J-94-601
7J26/9-01-
RESOLUTION N®QQ 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
BRICBELL 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 LAM; INSTRUCTING THB
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 Brioiell Square Phase II and
III Project located at approximately 845-999 Briokell Avenue.
Miami, Florida, (`Project'); and
WREREA8, 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 12 to November
1991; Phase III to June 1995, and completion of the project to
1993 from June 1987 and January 1991, respectively;
cm cor5assiox
USETU4C OF
290
97 - 554
Count* Florida, and in that oefain deed,
dated December 16, 1959, filed on May 16,
1960 under Clerk's File No. 80R-94813, in
Official Records Book 2076 at page 441 of the
Public Records of Dade County. Florida,
containing an area of 81.290 80.181 square
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North
'•3-.te 39.30 feet thereof and the North 4Z-n
46.73 feet of Lot 11. Block 104 South,
AMENDED MAP OF BRICEELL'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
oonveyed to the City of Miami for street
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 18,
1950, filed on May 18, 1960 under Clerk's
File No. 80R-94813. in Official Records Book
-Or
97- 554
2076 ® page
441 of
the Publioecords
of
Dade County,
Plorida,
containing an area
of
37,537 square feet more or less.
s
Issuance of this Ma,or Use Special Permit meets
the requirements of Ordinance 9500. the Zoning
Ordinance of the City of Miami.
THE APPLICANT, ITS SUCCESSORS,
ANV/OR ASSIGNS JOINTLY OR SEVERABLY BILL:
I • _ _ _.:.••_ -•. •
• �=1••lL•t`s?i•1��T•�'L'1=5�•••lT1•�,:=i�il�l'_!=�
M,,6, ]&eserved .
57- 55.4
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 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; Me. Carolyn DeMle, Executive Director,
South Florida_ Regional Planning Council. 3"0 Hollywood
Boulevard, Suite 140, Hollywood,. Florida 33021; and Ms. Linda L.
Shelley, Seoretary, Florida Department of Community Affairs, 2440
Centerview Drive, Tallahassee. FL 32399.
-7-
97 - 554
J-92-221
7/6/92 0
RESOLUTION NO. 92597
A RESOLUTION, WITH ATTACHMENTS, JAMENDING A
PREVIOUSLY APPROVED DEVELOPI�NT 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 845-999 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 CONDITICr 27 OF SAID
DEVELOPMENT ORDER BY CHANGING 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 1995, 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 ASSURAuCE SOCIETY
OF THE UNITED STATES; BY AMENDIN3 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 CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION AS WELL AS
ADDITIONAL FINDINGS, AND INCOR?CRATING 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, Octcbe= 10, 1985, :.he City
Commission issued a. Development Order and Major Use Special
Permit for the Brickell Square Phase II and III Project. located
TTACI4k.a�ssT(S)
CONTAINED
Cmr COMSSION
MEETU%'G OF
SEP 2 4 1992
Row1utica No.
91 - 15 5 4
at 845-999 Brick-11 Avenue, a Development�f Regional Impact,
pursuant to Cha#er 380., Florida Statute, 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 Proiect, 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_ira Council and the City
of Miami; and
WHEREAS, on November127, 1991, the applicant applieC"L for an
amendment to the previously issued Development Order and Major
Use Special Permit; and
97- 554
WHEREAS, thj� project is part of ti:ese of the Downtown
Miami Develo menT' of Regional Im act Development Order
PP P 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, 19S2, 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 Aril 17,
-3- _n a - %
9Gn
97- 554
1989 (attached) 0e 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/
* t t
FINDINGS OF FACT WITH MODIFICATIONS
� • t
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 sat forth in .he
Brickell Square Parking Analysis.
w i r
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 Nevember, 1-991
May, 1996, Phase III shall commence in aun
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures seal' be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-4=
97W__ 554
December and the project shale 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 an, modifications
may be examined in the City Clerks Offices, 3300
Pan American Drive, Dinner Key, Miami, Florida
33133:
d. That the Development Order constitutes a land
development regulation applicable to the proper y;
that the conditions contained in this Development
Orderohall run with the lao 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 Beeembes. of—}9-9-6 December 31, 2001,
unless actual construction work, excluding grading
or excavating, is substantially under way on that
date.
CONCLUSIONS OF LAW
The Brickell Square Project Phases II and=I,
proposed by Tis.�-Pft., SpeyerBqui==-bl--
Eggitable 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 Recommen&ations of the Svzth
Florida Regional Planning Council and does not
-S-
�� c► _ r 0.
+r�ZI
unreasonably interfere with any of the considerations
and objecti* set forth in Chapte*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 'Florida
Regional Planning Council, 3440 Hollywood Boulevard, Suite'140,
97- 554
Hollywood, Flor 33021, and Randall Kelly *ssistant Secretary,
Florida Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399.
Section S. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of Ser+-aa&,e.- 1992.
ATTJ645 IER L. OREZIeMAlOR
MA Y HIRAI
City Clerk
PREPARED AND APPROVED BY:
.,.,,��.,. �, �� .CEO'►
LINDA KELLY KEARSON
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
kNA Q ES, III
City Att ey
LKK/pb/M2851 ,
97- 554
A/ L)/6'
RESOLUTION NO,
A RESOLUTION, WITTACRMENT, AMENDING A
PREVIOUSLY APPRO DEVELOPMENT ORDER
(RESOLUTION 85-1060: OCTOBER
ATTACHEDL FOR THE BRICKELL SQUARE RASES II
AND IlPROJECT, 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
27 OF SAID DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMENT OF PHASE II TO NOVEMBER 1991:
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.
1988), AND THAT SAID CHANGES ARE NOT PART OF
THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND
1149; DECEMBER 10, 1987): 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 945-999 Brickell Avenue, a Development of Regional Impact,
pursuant to Cnapter 380. 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 )989
mmwm w. R9-4 i r
0
97- 554
WHEREAS, on February 2, 1989, the applicant applied for an
• amendment to the previously, ued Development Order, Major Use
Special Permit and a reservat.on 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; dated October
10, 1965 (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 PACT 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
y 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.
information, is submitted to the Council, City,
and
State and an Amended �elopment Order issued,
if
Condition 15 has not beer 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, 100-31 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 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 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.
s • �
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 not 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).
-3" R9-41C
_r .
97- 554
• CONC*S OF LAM
The Brickell 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 180, 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
Planning Council shell not constitute a substantial
deviation under Chapter 360 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 DeveloDaient of Regional Impact
Development Orders (Resolution 87-1148 and 11491 December 10.
1987).
-4-
A9-4 V
s
A. VJ
Section 4. This Resolution shall bs� transmitted to
® Lucia A. Dougherty; Greenberg, urig, Hoffman, Lipoff, Rosen
and Ouentel. 1221 erIckell A Due. Miami, PL 33131: ,lack
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 Anri 1 1989.
XAVIER UARE2, MAYOR
ATTEST:
?IA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
L E. MAXWELL
IEF ASSISTANT CITY ATTORNEY
APPROVED AS TO PORN AND
CORRECTNESS:
-JOR1;E L`: PANDES
CITY ATTORN
JEM/d/db/N974
- 5- 89-41(' ..
97- 554
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9- 3C-35
RESOLUTION N0. 6e.' - 0.60 S. F. R P
A RESOLUT HE BRICKELL SQUARE
PROJECT III (MORE PARTICULARLY NOV 20 i985
DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL
IMPACT PRO%)SED 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 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 meeting held on
September 4, 1985, following an advertised hearing, adopted Resolution No. P;'
49-65 by a 8 to 0, recommending approval with modifications of the Oevelopment
of Regional Impact; and
WHEREAS, a recomtmendation from the Miami Planning Advisory Board has been
forwarded as required by Ordinance 8290; and
WHEREAS, the City Commission has conducted a public hearing an October 10,
1994, 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 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 Development Order as
hereinafter set forth; and crn coy-bu SIOfi e
qq KrEMNS OF
OCT R� t98S�
99=�
Speyer/Esuitable Joint Venture has offered to contribute the sun ,f S1,120,208
to the City's Housing Trust Funr build approximately 42,030 SSF of
affordable housing, pursuant to Sect _.. 1556.2.2 of the Ctty's Zon,n3 Code.
NCW. THEREFORE, 4E IT RESOLVED CY THE :Obf"SS ION OF THE CITY OF N;Art',
FLOR:DA:
FiNO:NCS OF FACT
Section I. 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 tot!1
approximately S116 million and require a total of 1,730
employees. Approximately 87: 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,
S09,821 for Dade County,.3753,715 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 applica-•.
fair share contribution toward a southbound left turn la•i
and signalization at Brickell Avenue/S. E. 10 Street, t►c
closing of the median opening at Brickell Avenue ant
Ambassador Drive. and the restriping of S. W. 0 S—ect
from S. W. 2 Avenue to S. W. 3 Avenue, for a fair sha-=
total of S:22,407.
�2 Lr ,fi
1
9 - 554
e. The :ity Commission also finds tnat:
(I) The project will have orable impact an the economy :f
the City; and
(21 The project wilt eff,c7�^tly use DuDlit trarss3rtati-r
facilities; and
(3) The project will favorably affect the need for peopt" to
find adequate housing reasonably accessible to their places
of employment; e-^
(d) The 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 wiII'not adversely affect living conditions in
the neighborhood; and
(T) The project would not adversely effect public safety; an:
(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 wit-:
modifications, the Bricke-ll Square Project Phases I! and III, a Oevelop'+ar.t cf
Regional Impact, proposed by Tishman-Speyer/Equitable Joint Venture, fo-
approximately 845-999 8rickell Avenue (legal description on file with ens
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;%-O -s
revised pursuant to Condition 15 Exhibit "A" is incorporated here n by
reference and relied upon by the parties in discharging their statutory duties
under Section 380.0E, 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 mod. ifie=
agreement among the Council, City and Applicant, its successors and'o, as=
jointly and severably.
Section 4. The Report and Recommendations of the South FIcri^= =c
Planning Council, attached hereto as Exhibit "B" are incorporate: n�
reference.
Section 5. The development order, as approve"., shall be h'^d4
ap:licants and any successors in interest.
Ir7
97, 554
Section 5. The City Clerk is her?py authcr:,ed and �i* __ . serc
certified copies of this Resolutic^immediately to: the Florida Department of
Veteran and Community Affairs, D�®sion of Local Resource Mana?even:, 25':
Executive Center Circle East, Tallahassee, rlorida 32301; the South F cr'.ca
Regional Planning Council, 3440 Nc'Iywood 3cu7ev!rd, Suite. 140, HolI;,..;
Florida 33021; and Tishman.Speyer/Equitable Joint Venture, c/o Tishman ���:•
Properties, 777 9rickell Avenue, W ami, Florida 3?131,
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 loth day of OCTOBEF.
ATT
L---
Rr—
PREPARED AND APPROVED BY:
od r. ?* w
AS STANT CITY ATT NEY
As
4�ZTrr rrp�r
,
APPROVED AS TO !' AND
CORRECTNESS:
CITY art .uEY
�f —
_4.
S, - 1
_ f
97- 554
Records of Dade County, Florida, and in that certain deed, dated
December 16, 1959, filed on May 1960 under Clerk's File No. 60R-
94813, in Official Records 800,076 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 9/15/35, for
phases II and III.
Phase II. south tower - 29 floors, 383.5 ft. (MSL to top of parapet)
438,D00 GSF of office uses
17,000 GSF of retail uses
255,000 GSF of parking area
Phase III, center tower - 35 floors, 471' (MSSL 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
Oper sp= - 161,794 gsf
Pedestrian open space- 86.792 gsf
Plaza - $5,550 gsf
Parking - 1,79'. spices
9 levels (above
and below grade)
0
97- 554
no m4sct is further lisited by tee folloviny considerations:
'TNe,aoolicsole sretisias me orocadereo of tee City of Muni. an*
development plans subsisted by Stidam. Owiegs ad Merrill, at"
Aoril 17. ills. retired May 11. if s. July 1. 1981. July a. lit/.
and August 13. llll for TisNman.Speyef Properties - erlcteil Avarme
Mom.
TWO develssomm as proposed "a not unreasonably interfere Via tee
asi"mmn of as "Section of state lane detoldps mi: guidelines, or pimp
applic"le the City of 0"ass.
The datei"pssss as prwaee is consistent via local sueelt/sion ae platting
rtsei rammaa.
TWO eetelgmwt a or""" is consistent via eon summary ad rocoemonamas
ca ulmos In as 'omiopm a of &*"&"I lmpat AssessMt for INctell
Sosare Owelesn t of Regional tower• No. q.lt. deed July. 19e6 efwaM IF
tom some f l srl de ssgi us1 plalriisg Cotnlsi i .
Tile prsfa% a afibss Immediately auto. now tea repirwmla for tM
I moice of a Oetolop ut order pertaining a a oetolemmt of Atonal last
as f"pired wow F.S. Ma. _
Isseaee of ale Myor vas Somial ►Tait main the rgirasm u of Ofeisace
"a. else tdnisg Orommoee of the Clip of mom.
TR APPLXM. m SiRiiSS01t1. AMIM ASSMI JItfRT Olt 3910ABLT V1LLt
1. tocerforov me following 1np me onion anion and neratloa a fluidize
me comm atlte I+ect of orton't tre m. as Its associated sell~
omissi mss. or air guilty as smora no:
'ode/pale five for"" of aalsyse parting spca. locates a clue a
pastels to'slovessr ae betlstsg misraeees. for oasiast.e w. w• ..derive,
'Actively swoor"gb,ae prows car ad •on reeling by eataallsatng • car
Peel information Iregrem. ad eKsring preferred parsing swan ad tors
Smifts is car and tan peelers.
74-
. }.
•
9'.=- 554
schedule infdrfndtion inconvenient locations throughout the project.
'Promote Staggered ilex -time work schedules, four day work weeks, or other
® management actions and mark eti orategies. 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 storiwater runoff during construction.
3. Design, construct, and maintain the stOrmwater 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
vast# shall occur in a covered loading/unloading dock with a spill
containment area not connected to the project drainage or sever 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
-®_
97- 554
d adsca �xcnange operation.
Notify any tenant generating wastes of the penalties for improper disposal
• of hazardous waste pursuant tion 403.727. Fl0-4:3 Statutes.
'Allow reasonable access to facilities for monitoring by the City, Oede
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 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 Assessaant, 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.
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 issuance of any certificates of occupancy.
".
1
9?= 504
'Hot water temperatures set at or below 105017 where allowed by health codes
and equipment requirements. 9
'Lavatory water flow of 0.8 g.. ons 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, wJtn 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 conditioging 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 anergy 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 development; or fund.
- bond, or provide a letter of credit for S130,000 (198S dollars) to the City
for construction gy ihtse improvements.
14. Prior to issuance of final certificates of occucancy 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 (1"S dollars) for construction of
-7-
!* s
97- 554
uepdrtment to 1nCOrper-1 e secu n ty measures an
systems into the design and operation of the project.
Permit Miami Police Department Onduct 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 Department to
contribute a fair share of police capital facilities needed to resolve City
concerns, 1f 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 1Z.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%.
'Meat 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.
r
1
97— 554 -
., - ...' - oy :ne :y in the
traffic impact area Exhibit S. DRI Assessment, Page 72).
® 15. Prior to issuance of final cer0ates of occupancy for more than 500,000
gross tquare 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 gay
be adjusted annually to reflect payoff of the bonds or other financial
obligations incurred for Metromover Stage I1 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 tq the County shall be credited against the special
taxing district assessments.
16. Incorporate into the route and schedule information required by Condition 1
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 fors 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 shad
constitute compliance with this condition as long as the specified
intervals are maintained and adequate capacity to serve project transit
trips is provided.
17. Integratk all .original and supplemental ADA information into a Consolidated
Application for Development Approval (CAOA). and submit three copies of the
CADA to the Council, one copy to the City, and one copy to the Florida
-9- -111 Eu -10vG
1
97- 554
date of this Development Order. The CADA shall be prepared as follows:
® where new clarification, or revi information was prepared subsequent to
Submittal of the ADA but prior 91suance of the 00, whether in response
to a formal information A��quacy 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
Community 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
380.06(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 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 stet.
'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 an 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 permit 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 £:.
9•- 554
,;;s1_e Arrorcdu-d -lousing oonus provisions per Section 1556.2.2,
Ordinance 9500, have been met to the amount of 1.00 F.A.R.
21. Prior to the issuance of any 0truction 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 500,007
gross square feet of development on -site, including 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. M2. 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 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 1 development. Air quality and transportation information
In the amended ADA shall be in the format specified in Exhibit 6 (OR:
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 29 below
that this Development Order runs with the land, and its terns and
conditions are binding on the Applicant. its successors, and/or assigns.
I 'N7 tit - ill -r.
'- 554
e tnat the annua, report oe suomittea cne ounc;l. .y an
Department of Community Affairs (OCA) on the anniversary of the effective
date of the Development Order *he annual report shall include, at a
minimum, a complete response to each question in Exhibit 7 (ADA Assessment,
page 92) and any other information required by DCA 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 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 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 360.06(14)(d). Florida Statutes
(1984). specifying that the Development Order runs with the land and is
binding an 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 8rickell Avenue.
b. That the developer of the Brickell Square Project is Tishman-
Speyer/Equi table 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
Dtvelopeient order shall run with the land and bind all successors in
interest; it bring understood that recording of this notice shall not
y
_11- 314 s..
ir wom ttlim
97= 504
constitute a lien, cloud or encumorance on real property, nor actual
nor constructive notice of
of the same. This development order
shad be considered null by December of 1996, unless actual
construction work, excluding grading or excavating, is substantially
under way on that date.
29. Mork 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. Mork 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 LAM
The 8rickell 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.
I*
1.15 c r• • (% • r
97- 554
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se%AR L O A.W L d PARrNUS NG
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S.E. 8th STREET
Brickell Square Phase II and III DRI
Miami, Florida
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Master
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97_ 554
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Exhibit 97-2
Table 3: Brickell Square Phase If & III Equivalency Matrix")
(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 potable 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 2.348 = 212.947 ksf; Reduce office by 212.947 ksf.
Add 50.000 ksf retail by reducing office
50.000 ksf divided by 0.325 = 153.846 ksf; Reduce office by 153.846 ksf.
Convert 80.000 ksf office to residential
80.000 ksf multiplied by 3.694 = 295.5 rooms; Add 296 rooms
Convert 200 rooms of hotel to residential
200 rooms multiplied by 1.573 = 314.6 DU; Add 315 DU.
9"7- 554
Exhibit 97-3
Table 4: Brickell Square Phase II & III Trip Generation by Land Use(')
PM Peak
Captured
External PM
ITE
Hour Trips
Trips (4)
Peak Hour
Size
Code
Trips (5)
Land Use
In(3)
Out()
In
Out
In
Out
Retail
100,000
820
328
328
89
89
239
239
(10%,5%,2%,10%)(2)
(SF)
Office
900,000
710
160
779
16
.78
144
701
(0%,10%'0%'0%)
(SF)
Hotel
1,400
310
516
440
52
44
464..
..396.
(5%,5%,0%,0%)
(Room)
Multi -Family
1,000
232
222
136
11
7
211
129
Residential
(DU)
-
(0%,5%,0%,0%)
(1) As per the ITE Trip Generation Manual, 5' Edition, 1991.
(2) (10%,5%,2%,l0%): 10 percent internal capture trips, 5 percent transit trips, 2 percent
walking trips, and 10 percent passer-by trips.
(3) Percent in/out as per the ITE Trip Generation Manual, 5" Edition, 1991.
(4) Capture rates are as recommended by the FDOT Planning Office - District VI.
(5) Net external PM peak hour trips = PM peak hour trips - Captured trips)
97-- 554
• CITY OF MIAMI FLORIDA
INTER -OFFICE MEMORANDUM
TO: Walter Foeman
City Clerk
FROM: go/es Slazyk, Assistant ctor
Planning and Development
DATE : October 20, 1997
SUBJECT: Brickell Square Revision
Resolution 97-554
REFERENCES:
ENCLOSURES:
FILE:
Pursuant to the attached memorandum signed by Joel Maxwell, please execute a revised
Resolution for the Brickell Square Development of Regional Impact Amendment
(Resolution No. 97-554 approved by the City Commission on July 24, 1997).
The revisions described on the attached documents are required to accurately reflect the
actions of the City Commission as reflected in the transcripts of the meeting of July 24,
1997 (Item PZ-3). Please see the draft minutes attached.
Please forward the revised Resolution, certified by your office, to me so that I can
transmit it to the Department of Community Affairs.
Thank you for your prompt consideration of this matter and if you have any questions,
please call me at Ext. 1407.
`il
27 i7f
97� 554
0 CITY M OF IAMI FLORIDA0
LORIDA
INTER -OFFICE MEMORANDUM
F fin^ r f)
TO: Joel Edward Maxwell E I I. DATE: October 8, 1997 FILE
Qc�
Deputy City Attorney iq
E P i . h F" L SUBJECT: Brickell Square Revision
�Slazyk,
Resolution 97-554
FROM: X_� - ssistan 1 ctor REFERENCES:
la and Development ENCLOSURES:
Pursuant to my memorandum of October 3, 1997 and our meeting regarding this issue,
please confirm by signing below that the City Attorney's Office concurs that the revisions
described on the attached documents may be made to. Resolution No. 97-554 (also
attached) for the Brickell Square Development of Regional Impact Amendment. These
revisions are required to accurately reflect the actions of the City Commission as
reflected in the transcripts of the meeting of July 24, 1997 (Item PZ-3).
Upon your confirmation, I will forward this request to the City Clerk's Office for
execution of the corrected Resolution.
Thank you for your prompt consideration of this matter and if you have any questions,
please call me at Ext. 1407.
CONFIRMATION:
elEdward Maxwell
ty Attorney
-OPAV1�2� --
61 01!dV L1130L6
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07— 554
PZ-3
PLANNING FACT SHEET
APPLICANT Ms. Lucia A. Dougherty, Esq.
MEETING DATE June 30, 1997.
REQUEST/LOCATION Proposal to amend the Brickell Square Development Order for
Phases Il and III.
LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office
PETITION Consideration of a proposal to amend the Brickell Square
Development Order for Phases II and III, a Development of
Regional Impact and Major Use Special Permit; by amending the
uses proposed for the site to include residential and hotel uses;
by removing the obligation that the project must be developed
according to the master development plan included in the
Application for Development Approval; by increasing the number
of permitted parking spaces and by clarifying the date on which
implementation of the project shall commence.
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
Approval with conditions.
Please see attached.
PLANNING ADVISORY BOARD Approval VOTE: 7-0
CITY COMMISSION N/A
APPLICATION NUMBER 97-033 Item #2
..........................................................................................................................................................................................................
CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
:................................................. .................................................. ...................................................................................................................
Date: 06/23/97 Page 1
554 r
REVISED
ANALYSIS FOR AMENDMENT TO PREVIOUSLY APPROVED DRI
AND MAJOR USE SPECIAL PERMIT
for the
Brickell Square Project Phases II and III
CASE NO: 97-033
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 allow the developer greater flexibility in said development by
amending the proposed uses to include residential and hotel uses, by removing 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 by 299 spaces, (from a current total of 1,622
allowed parking spaces to a total of 1,921 parking spaces) and by making a clarification
that the project must commence by the specified dates.
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 Development 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 introducing residential
and hotel uses into the potential mix of land uses allowed for Phases II and III of the
development.
• It is found that the Equivalency Matrix prepared for the simultaneous increase and
decrease in land uses for Phases II and III of the project is appropriate and ensures
that the final development mix will conform with .the previously approved (and
vested) peak hour peak direction vehicle trip generations.
1 97- 554
• It is found that the possible changes in land uses for Phases II and III of the project
will most likely result in a modified design proposal for said phases; said
modifications should be reviewed and approved by the Department of Planning and
Development in order to ensure that the final design scheme is appropriate for and in
keeping with the design criteria established for the Brickell Avenue corridor.
• In response to concerns raised by the State of Florida Department of Community
Affairs (DCA) and the South Florida Regional Planning Council (SFRPC), it is
hereby found that the proposed modification to the Development Order regarding
Open Space is the result of the difference in the methodology of calculating open
space requirements between Zoning Ordinance 9500 (which was the Zoning
Ordinance in effect at the time the original Development Order was granted) and the
current Zoning Ordinance 11000. The open space requirements of both ordinances is
essentially the same, it was merely calculated very differently. In order to address
this issue, the modified Development Order, will add a condition that Phases II and JII
of the Brickell Square project shall comply with the open space requirements of
Zoning Ordinance 11000.
• It is found that due to the fact that Zoning Ordinance 9500 and Zoning Ordinance
11000 essentially required the same amount of open space (although calculated
differently), the proposed modification to the Development Order will not result in an
onsite open space reduction of over 5% of the original Development Order, thus the
proposed modification is not a substantial deviation pursuant to Subsection
380.06(19)(b)13., F.S.
Based on these findings, the Department of Planning and Development is
recommending approval of the requested modifications with the following
conditions:
1. Prior to the issuance of any building permits for Phases II and III of the Brickell
Square Project, the applicant shall present a final set of design development
plans for review and approval by the city; the Director of the Department of
Planning and Development shall be responsible for issuing said approval and
shall obtain the recommendation of the Urban Development Review Board
(UDRB) in making said approval (unless a quorum of the Urban Development
Review Board cannot be obtained within 60 days in which case the Director of
the Department of Planning and Development shall be authorized to waive said
UDRB review and recommendation).
2. The applicant shall comply with the attached letter from DCA specifying
concerns regarding Transportation Methodology prior to final approval of this
request by the City Commission.
2
97- 554
3. Final plans for Phases II and III of the Brickell Square Project shall comply
with the open space requirements as specified in Zoning Ordinance 11000.
4. This approval shall also be subject to all the other additional conditions as
specified in the Development Order.
3 A
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RESOLUTION PAB - 45-97
A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE BRICKELL
SQUARE DEVELOPMENT ORDER FOR PHASES II AND III, A DEVELOPMENT
OF REGIONAL IMPACT AND MAJOR USE SPECIAL PERMIT; BY AMENDING
THE USES PROPOSED FOR THE SITE TO INCLUDE RESIDENTIAL AND
HOTEL USES; BY REMOVING THE OBLIGATION THAT THE PROJECT MUST
BE DEVELOPED ACCORDING TO THE MASTER DEVELOPMENT PLAN
INCLUDED IN THE APPLICATION FOR DEVELOPMENT APPROVAL; BY
INCREASING THE NUMBER OF PERMITTED PARKING SPACES AND BY
CLARIFYING THE DATE ON WHICH IMPLEMENTATION OF THE PROJECT
SHALL COMMENCE. THIS RECOMMENDATION WAS MADE SUBJECT TO
THE FOLLOWING CONDITIONS FROM THE DEPARTMENT OF PLANNING
AND DEVELOPMENT: 1) THAT PRIOR TO THE ISSUANCE OF ANY
BUILDING PERMITS FOR PHASES II AND III OF THE BRICKELL SQUARE
PROJECT, THE APPLICANT SHALL PRESENT A FINAL SET OF DESIGN
DEVELOPMENT PLANS FOR REVIEW AND APPROVAL BY THE CITY; THE
DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT
SHALL BE RESPONSIBLE FOR ISSUING SAID APPROVAL AND SHALL
OBTAIN THE RECOMMENDATION OF THE URBAN DEVELOPMENT REVIEW
BOARD (UDRB) IN MAKING SAID APPROVAL (UNLESS A QUORUM OF THE
URBAN DEVELOPMENT REVIEW BOARD CANNOT BE OBTAINED WITHIN
60 DAYS IN WHICH CASE THE DIRECTOR OF THE DEPARTMENT OF
PLANNING AND DEVELOPMENT SHALL BE AUTHORIZED TO WAIVE SAID
UDRB REVIEW AND RECOMMENDATION); 2) THAT THIS APPROVAL
SHALL ALSO BE SUBJECT TO ALL THE OTHER ADDITIONAL CONDITIONS
SPECIFIED IN THE DEVELOPMENT ORDER; 3) THAT COMPLIANCE WITH
DCA CONCERNS REGARDING TRANSPORTATION METHODOLOGY BE
RESOLVED PRIOR TO THIS BEING APPROVED BY THE CITY COMMISSION
AND; 4) THAT FINAL..PLANS COMPLY WITH MINIMUM OPEN,, SPACE
REQUIREMENTS PURSUANT TO ZONING ORDINANCE 11000.
HEARING DATE: June 30, 1997
ITEM NO. 2
VOTE: 7-0 --
ATTEST. 2 -i
J Luft, Director
Department of Planning and
Development
97- 554
RESPONSE LETTERS FROM
DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
(SFRPC)
97- 554 11
iV r�
• ~COO WE <�'�,
LAWTON CHILES
Governor
JAMES F. MURLEY
Secretary
FLORIDA KEYS
Area of Critical State Concern
Field Office
2796 Overseas Highway, Suite 212
Marathon, Florida 33050.2227
GREEN SWAMP
Area of Critical State Concern
Field Office
I S5 East Summedin
Bartow, Florida 33830.4641
SOUTH FLORIDA
RECOVERY OFFICE
P.O. Box 4022
8600 N.W. 36th Street
Miami, Florida 33159-4022
STATE OF FLOR
DEPART ENT OF COMMU TY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
June 26, 1997
Ms. Lourdes. Slazyk
Assistant Director of Community Planning Revitalization
City of Miami, Planning Department
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33131
RE: Brickell Square Phases II and III; ADA-1185-056
Notice of Proposed Change
Dear Ms. Slazyk:
The Department of Community Affairs has reviewed the Notice of Proposed Change
(NOPC) for Brickell Square Phases II and III Development of Regional Impact (DRI),
received by the Department on May 16, 1997. The applicant proposes to amend the
Development Order (DO) to create a flexible development program limited by PM peak hour
trips. The flexible development program proposes to incorporate the following land uses:
Office, Retail, Hotel, and Residential. In addition, the NOPC seeks to amend various items
in the DO language. The proposed modifications are governed by the criteria of
Subparagraph 380.06(19) (e)3., Florida Statutes, and are presumed to create a substantial
deviation unless rebutted by clear and convincing evidence.
The preliminary review by the Florida Department of Transportation (DOT)
indicated that the passer-by capture rate of the trip generation analysis is. not appropriate for
this type of multi -use project in a highly urbanized, high-rise development. Furthermore, the
use of a flat 10% internal capture rate for all proposed land uses within the proposed
equivalency matrix is not appropriate. The internal capture for the four land uses should be
restructured into a four-by-four matrix showing a separate internalization rate for each use.
It is possible that the current equivalency matrix multipliers are not accurate and thus the
previously approved 440 PM peak hour trips may be exceeded. Therefore, clarification of
the methodology for the development of the various capture rates is necessary and needs to
be provided by the applicant to rebut the presumption of a substantial deviation.
In addition, the proposed land use trade-off mechanism does not establish a
"minimum cap" for each of the land uses that can be traded within the matrix. Therefore, it
is possible for the development to only consist of one land use. Therefore, the internal
capture rate for each land use is not applicable anymore and thus the trip calculations need
to be revised accordingly or a minimum cap for each land use should be established.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 904.488.8466/Suncom 278.8466 FAX: 904.921.0781/Suncom 291.0781
Internet address: http://www.state.fl.us/comaff/dca.html
97- 554 ��
Ms. Loudres Slazyk
June 26, 1997
Page 2
The amended DO language proposes to strike a number of provisions which are
pertinent to the original development of all 3 phases of Brickell Square DRI. Specifically,
the elimination of the DO provision of 161,794 sf of open. space would constitute a
substantial deviation pursuant to Subsection 380.06(19)(b)13., F.S However, the Department
is unable to determine from the information given how large a reduction in open space this
change constitutes. The applicant will need to provide further information or will need to
revise the DO language accordingly.
The Department has discussed its concerns with the applicant and is working towards
a satisfactory resolution of the issues. We recommend that the applicant further coordinate
with the review agencies to resolve the issues identified above. If you have any questions,
please contact Jan Brandt in the Bureau of Local Planning at (850)922-1791.
Sincerely,
C
Michael D. McDaniel
Growth Management Administrator
MDM/jb
cc: Ms. Carolyn Dekle, South Florida Regional Planning Council
Ms. Lucia A. Dougherty, Greenberg & Traurig, P.A.
Mr. Phil Steinmiller, District 6, Florida Department of Transportation
14
y7- 554
South
Florida
Regional
Planning
Council
July 1, 1997
Mr. Ed Marquez, City Manager
City of Miami
444 S.W. 2nd Avenue
Miami, FL 33131
RE: Brickell Square DRI Notice of Proposed Change
Dear Mr. Marquez:
Pursuant to Chapter 380.06(19)(f)4, F.S., this letter is to inform you of the potential for the Council
to. participate at the public hearing scheduled for July 24, 1997 before the City Commission,
concerning the proposed changes to the previously approved development of regional impact
(DRI) referenced above. Council staff review of the Notice of Proposed Change, received on May
15, 1997 has resulted in several issues of concern. Specifically, the concerns raised by the Florida
Department of Transportation and the Department of Community Affairs, regarding the traffic
analysis and the proposed flexible development program. In addition, clarification is needed on
the amount of open space proposed for change. (See comments attached).
Council staff is coordinating with City staff, other review agencies and the applicant, in the hope
that these issues may be resolved by the applicant prior to the public hearing. We would
therefore, respectfully request that the public hearing be postponed, until these issues have been
appropriately resolved.
Thank you for your continued assistance in the DRI process. Please do not hesitate to call me or
David Dahlstrom of Council staff, with any questions or comments regarding this matter.
Sincerely,
Carolyn A. rkle
Executive Director
CAD:icg
cc: Lourdes Slazyk, Asst. Director, Community Planning and Revitalization,- City of Miami
Jan Brandt, Planner H, Florida DCA, Bureau of Local Planning
Phil Steinmiller, Florida Department of Transportation District VI
Lucia A. Dougherty, Esq., Greenberg, Traurig, P.A.
Rob Curtis, Director of Planning, Bermello, Ajamil & Partners
3440 Hollywood Boulevard, -Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, Area Codes 305 and 561 (800) 985-4416
SunCom 473-4416, FAX (954) 985-4417, SunCom FAX 473-4417 -
e-mail sfadmin@sfrpc.com
97- 554
STATE OF Flo
DEPARTf ENT OF COMMU ITY AFFAIRS
LAWTON CHILES "Helping Floridians create safe, vibrant, sustainable communities"
Governor
JAMES F. MURLEY
Secretary June 26, 1997
Ms. Lourdes Slazyk
Assistant Director of Community Planning Devitalization
City of Miami, Planning Department
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33131
RE: Brickell Square Phases II and III; ADA-1185-056
Notice of Proposed Change.
Dear Ms. Slazyk:
The Department of Community Affairs has reviewed the Notice of Proposed Change
(NOPC) for Brickell Square Phases II and III Development of Regional Impact (DRI),
received by the Department on May 16, 1997. The applicant proposes to amend the
Development Order (DO) to create a flexible development program limited by PM peak hour
trips. The flexible development program proposes to incorporate the following land uses:
Office, Retail, Hotel, and Residential. In addition, the NOPC seeks to amend various items
in the DO language. The proposed modifications are governed by the criteria of
Subparagraph 380.06(19) (e)3., Florida Statutes, and are presumed to create a substantial
deviation unless rebutted by clear and convincing evidence.
The preliminary review by the Florida Department of Transportation (DOT)
indicated that the passer-by capture rate of the trip generation analysis is not appropriate for
this type of multi -use project in a highly urbanized, high-rise development. Furthermore, the
use of a flat 10% internal capture rate for all proposed land- uses within the proposed
equivalency matrix is not appropriate. The internal capture for the four land uses should be
restructured into a four-by-four matrix showing a separate internalization rate for each use.
It is possible that the current equivalency matrix multipliers are not accurate and thus the
previously approved 440 PM peak hour trips may be exceeded. Therefore, clarification of
the methodology for the development of the various capture rates is necessary and needs to
Am of Crabd St* C==
be provided b the applicant to rebut the presumption of a substantial deviation.
P Y PP P P
fi OMM
2796 Omma Ner1 r, Sub 212
► WAA Florida 33MO.M7
In addition, the proposed land use trade-off mechanism does not establish a
cRm n, Aw
"minimum cap" for each of the land uses that can be traded within the matrix. Therefore, it
Aiao1GTka1St*C"m"
is possible for the development to only consist of one land use. Therefore, the internal
155 n
capture rate for each land use is not applicable anymore and thus the trip calculations need
Rom, Fb"d' 33&V-Wl
to be revised accordingly or a minimum cap for each land use should be established.
5" FLORMA
acovERYOFFia
2SSS SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Fo.6mrSt2
8600 N.W. 36dr Strat
Phone: 904.488.8466/Suncom 278.846-6 FAX: 904.921.0781/Suncom 291.0781
Afiu P46da331594M2
.
Internet address: http://www.state.fl.us/comaff/dca.html _
1
97- 554
Ms. Loudres Slazyk
June 26, 1997
Page 2
The amended DO language proposes to strike a number of provisions which are
pertinent to the original development of all 3 phases of Brickell Square DRI. Specifically,
the elimination of the DO provision of 161,794 sf of open space would constitute a
substantial deviation pursuant to Subsection 380.06(19)(b)13., F.S However, the Department
is unable to determine from the information given how large a reduction in open space this
change constitutes. The applicant will need to provide further information or will need to
revise the DO language accordingly.
The Department has discussed its concerns with the applicant and is working towards
a satisfactory resolution of the issues. We recommend that the applicant further coordinate
with the review agencies to resolve the issuesidentified above. If you have any questions,
please contact Jan Brandt in the Bureau of Local Planning at (850)922-1791.
Sincerely,
�q
Michael D. McDaniel
Growth Management Administrator
MDM/jb
cc: Ms. Carolyn Dekle, South Florida Regional Planning Council
Ms. Lucia A. Dougherty, Greenberg & Traurig, P.A.
Mr. Phil Steinmiller, District 6, Florida Department of Transportation
12 I 9?- 5.54
13:32 PROM
FDOT D6 P.LN6+ 0RCME + FR IDS 305 3775867 PAGE
1
cit
DRAf
<)YKIL'C OF PI.AMIf Nt:-1K67'RIPT A1X
T 8S2 SOL'iiT MIAMt A�'itMJf, #t1+�iMliirfARtD+l33L10.
-
tt pfit) snstie (�c ass ss+t�
rAX: OMS n-SW coo o 3•o67
I
DAM.
Jtme Z3, 2997
to;
Jan Brao&, Departs W4 of Commuo4 Affairs (DCA) . :
molls
Phil &eimiller l.b' OT
Cd1 TO:' _
Anitt Vai>edssvalk
Sua ikeT
Nond OF PROPOSED CHANGE'(NOPC): BRICKELL, SQUARE .
'Phis: off. has'
the .proposed c*gea identified in the NOPC for the above redoomd:_
d rMopat®nt er
'M $i� car is are a4 folio":
=
.. Passer-6y
is not ropriate-tbr rids We of mull -use projw in a hwy u�, :
.Iiigli..risc
.71w sits would Jaye stmaured parking which fs not couveaim
3�as-
° Whip
c pa+e to sppropriaw. for this type .of devslopeseeit, thou" of a Bat ta°K reie .
for • uses
not'spj►toptiate. The internal. capture for the fbiu land usoe should �6e:
restruatur
a fcvtu y-fbac met i .sbowing the internalization t`ate between each;vse.
• T.... _. •
equ}r► kocy matrix ` tlot)aetisfactory. .
•Pius 4 not
t4 combo me if'you.4ve any que0ons.
554
a
AMENDED APPLICATION
eq
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�e
Sent by: GREENBERG TRAURIG
305 579 0717; 06;26/97 12:25; f� #44; Page 2/4
Adrielmc Fimstw hrlk1
(,305) 5N-06R.F
• 6flffNBfB6 �
MON
J une 26, 1 t)97
VIA NAND DELIVERY
Ms. f_utmic:s Sluzyk
Assistant Dirt:ctur ell' Planning
City of Miami
444 S.W, 2d Avenue, arc! Floor
Miami, Florida :3.3130
Re: Amended Notice of 11r(13 mud Chtuigc (" NOPt"') to Previously Approved
Development of Regional Impact ("DRV) and Amcndment it) MaJor Use Special
flen lit J(or l:3rickell Square I: RI
D"r Lourdes;
I Ills letter servl:s it) ainelld FAlttitatbla's pending No icc cal" f'roposed Chang to Amaral the
Oevelopmeni Order approved by IN,City of Miami for the Brick -ell Square ' Phasct.s If snit 1.11
DRl. The amendment addressed in this letter seeks to resolve the issue which wets disetwed
during ,our telephone conference ol'.iune 25, 1947, with Delve. Dahlstrom from the South Ilorida
Regional Pliuming Council, Jan Brandt from the Department (if Community Af 4irs, and Rob
Curtis and Oreg Vaday from Herittello and A,)amil.
['he amesid.ment is its fiillows:
1. With regard to the atuditication it) the olten space require -mesas in the. Notification
Of a Propose d Change to a Previously Approved Development of Rehiomil Impact, on, page 13
which address the "Development", Equitable is proposing to raid the following sentience: "J
['11..... ,... 1/ .....A 119 al. ,_ :....... ,.�...... ....:....:........ ........ .._l. 'J .......:. !'�.-.1... .. _..._ '►f _. / � ■ln�� ...L a ,_ .. �.
Attached is it copy (if the profx.►sed language
6)0'lst; WISC Th %&;H1,, tic►rtANAN 1,INII'l- Itusl,wI Fl.. Y. A
!d2! bmt;Klc6F AvHNUF= MIA. -Ai, F'I-'III Iwt :1.1131 .ills ''A7t ;iwi.,,, I'j ;./'tI r
F 4, It{ I-%l 1, r. It h AI F. .4111 F: k i; ll TA I.1..1IIA�.9 F.'F. lllll..4Y1>u 4
Sent by: GREENBERG TRAURIG 305 579 0717; 06/26/97 12:25; Jew #44; Page 314
June 26, 1997
1'a1~c21
As discussed duritl,g our (clephone confe=ucc, the 1.985 Dcvelopment ()refer was
zipprovui at the time the (:ity of Miami was g0vertte d by /biting Ordinance No. 9500, which is
no longer in effect, The ope ti s►liacc requircments of 41ning Ordirunee No. 9500 were quite:
difti::rcnt tfum that which is in Aect today, in that they' 1wrinitted calculating the cgwn space by
includiiig dic square: fi�otage to the "snter lini; of tlw paved streets which were adjttrent to the
Property, as well as roof tops and haleonies. "lite actual stet lot i.►Von space rqu:iremcnts under
the• currant Zoning Ordinance Nc:►, 11,0W Fire clisetttially equivalentto the not lot open space
requirtant:nts of Ordinance. No. Q500.. however the required open space is calettlated dit erently,
in that only the net lot open space caii be counted toward the open space requirements undc'the
current Zoning Ordinance.. The overall effect, is that by providing that Phases 11 and ill will
Comply with the opett spite requirements of Zoning Ordinance No. 11,000, there will not he a
decrease .froth the 1985 Development (Wer of nest lot opert space.
With regard to the issued raised by the; Floridit C3opartntent t, l"Frmsporl.ation, Khaled Al-
Sahili from l3erniello and Ajamil is preparing ttdditionul irttiarmatie:►n tc) trr111Srrl,it to Iq)(T), to
address how the capture rates were deteanined.
With regard to the telephone colli erence of this t.ijornlj►g with Jail, Brwidt, Equitable will
provide, Lett additional matrix which provides the capture. rates if a single use is ultimatelv
constructed.
Please call me: at: 579-0683 if' there, is ttnythittt; further we need to provide you in
cormection with the am ndcd ttpplicaliori. or ifyou have any questions,
Very truly yatirs,
G
Adricivie Fries.ne;r Pardo
Enclosure:
cc: Mr. Jujl, Brim&
Mr. Dave Dahlstrom
Mr. Vern Priest.
Mr. Rob Curtis
Lucia A. Dougherty, Esq.
Alan S..Krischer, F.Isq.
till ANIVI'ARr.► IVII'M814.Q10tI.FXX:l6,'-)t"i7
►
e) LL (rti4.l•,9�KiiYt1; t�t{:11:ttlr.: �� pj .� '�' S 4
I C�
Sent by: GREENBERG TRAURIG
305 579 0717; 06,126197 12:26; Jetfa—X #44; Hage 4/4
Qm�
VIA
IVWA14
rallur M., 77M.,
I-MIMM71 M F T-o W -Ti I M
wgirdi'm 0 Lke Eguivalency If attd as Exhibit 97-3".
MIN-Mm'. MMM9 MII Yla-M-1
"hk..0
iii kell
Polikt JJHJ
r"»se Ispd
Amm
YMMW
uAl"
Ma
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*LkAA
200,000S
Acw
13 -
� 6flfENBfBG �
IflflVfllfi
Adrienne Friesner Pardo
(305) 579-0683 `
July 14, 1997
VIA HAND DELIVERY
Ms. Lourdes Slazyk
Assistant Director of Planning
City of Miami
444 S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: Second Amended Notice of Proposed Change ("NOPC") to Previously
Approved Development of Regional Impact ("DRI") and Amendment .to
Major Use Special Permit for Brickell Square DRI
Dear Lourdes:
This letter serves to amend for a second time Equitable's pending Notice of
Proposed Change to Amend the Development Order approved by the City of Miami for
the Brickell Square Phases II and III DRI. The amendment addressed in this letter
seeks to resolve an issue which was raised and addressed at a meeting we had on
Monday, July 7, 1997, with Phil Steinmiller from the Florida Department of
Transportation, Walter Keller, FDOT's Consultant, Jan Brandt from the Department of
Community Affairs, Dave Dahlstrom and Gerson Garcia from the South Florida
Regional Planning Council, and Rob Curtis and Khaled AI-Sahili from Bermello &
Ajamil.
In an effort to resolve FDOT's concern about the access to the site, we agreed
that Equitable would maintain the access as that which was approved pursuant to the
1985 site plan. Therefore, we are amending Equitable's Notice of Proposed Change
("NOPC") on page 9 (paragraph 12) to provide as the last sentence that "[t]he access to
the site remains as originally approved per Resolution No. 85-1060 and as shown on
Exhibit 97-1 and attached hereto". We are also submitting a revised Exhibit 97-1 to
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A.
1221 BRICKELL AVENUE MIAMI. FLORIDA 33131 305-579-0500 FAX 305-579-0717 _
MIAMI NEW YORK WASHINGTON, D.C.
FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE ORLANDO
�7-- 55 l
July 14, 1997 •
Page 2
identify the access. In addition to amending the NOPC, we would also like to amend
the enclosed Development Order on pages 10 and 11 (Sections 3 & 4 of the DO) to
also include the same sentence referenced above in quotes.
Please call me at 579-0683 if there is anything further we need to provide you in
connection with the amended application, or if you have any questions.
Enclosures
cc: Mr. Tom Beck, DCA
Ms. Carolyn Dekle, SFRPC
Mr. Jan Brandt, DCA
Mr. Phil Steinmiller, FDOT
Mr. Walter Keller, FDOT Consultant
Mr. Bob Daffer
Mr. Vern Priest
Mr. Rob Curtis
Lucia A. Dougherty, Esq.
Alan S. Krischer, Esq.
M IAM I/PARDOA/878772/$%2c01 !. DOC/7/14/97
2
Very truly yours,
CA C�� �2�
Adrienne, Friesner Pardo
STATE OF FLORIDA
DEPARTMENT OF' COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(904) 487-4545
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 submittals of a proposed change to
a previously approved DRI be made to the local government, the regional planning agency, and
the state land planning agency according to this form.
1. I, Lucia A. Dougherty, Esq., 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, to
the South Florida Regional Planning Council, and to-. the Bureau. of State Planning,
Department of Community Affairs.
f c G r
(Date) (Sigriature)`
ir eV
GREENBERG TRAIRIG
97- 554 ;Zq
n
2. Applicant (name, address, phone).
Equitable Life Assurance Society of the United States
Attn: David McKenna
3424 Peachtree Road
Suite 300
Atlanta, Georgia 30326
(404) 240-2135
3. Authorized Agent (name, address, phone).
Lucia A. Dougherty, Esq.
Greenberg Traurig
1221 Brickell Avenue
Miami, Florida 33131 .
(305) 579-0603
4. Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
Approximately 845-999 Brickell Avenue, Miami, Dade County, Florida (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 repre-
sentations contained in either the development order or the Application for
Development Approval.
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 impact.
This notification includes changes to the Brickell Square Project Phases II and III
Development of Regional Impact which are designed to enhance the plan and respond to
market trends -and needs in the area. These changes include:
• Creation of a flexible development program which may include up to a 1,400
room hotel or up to a 1,000 unit multi -family residential use or any other use
without exceeding the vested 440 PM peak hour trips in the approved Brickell
Square Project Phases II and III DRI Development Order.
-2-
• The addition of hotel and multi -family uses which could be incorporated into the
project through a flexible development program.
• A revised Master Development Plan for the Brickell Square Project Phases II and
III site that reflects the separate ownership structure that exists between the
Brickell Square Phase I DRI and the Brickell Square Project Phases II and III DRI
(the subject of this application).
• An increase of 299 parking spaces from 1,622 to 1,921.
• A minor modification of the language establishing the commencement dates for
Phases II and III, to clarify that commencement must begin by such dates.
However, the commencement date itself is not requested to be amended.
The proposed changes which are the subject of this Notification of Proposed Change
involve: the addition of uses not previously included within this .Development of
Regional Impact; the simultaneous increase and decrease of uses within specified
limitations which have been designed to ensure compliance with Chapter 380
requirements; and, a modification to the Master Development Plan that incorporates a
flexibility of uses on the existing site to respond to market conditions and needs in the
area.
Additional Uses
The uses that were originally approved for the Brickell Square Phases II and III DRI
include Office and Retail, which may no longer be appropriate to meet market demand
and local area needs. Therefore, .the applicant has proposed to introduce two additional
uses, Hotel and Multi -Family Residential uses, which based on real estate research better
address changing market conditions.
Revised Master Development Plan
The Master Development Plan has been revised to reflect the separate ownership of the
Brickell Square Phase I DRI from the Brickell Square Project Phases II and III DRI. The
separate ownership was permitted through the designation of the Brickell Square site as a
Phased Project pursuant to Section 2502 of the City of Miami Zoning Ordinance 11000.
This qualification as a Phased Project permitted the sale of Phase I (which is already
developed) to a different entity while allowing the property as a whole (Phases I, II and
III) to be developed as one site for zoning purposes.
Proposed Development Program
-3-
97- 554 31
The Brickell Square Project Phases II and III DRI is located on a t2.93 acre site in
downtown Miami, which was, originally slated to be developed by Tishman-
Speyer/Equitable Joint Venture. Pursuant to Resolution 92-597 adopted on September
24, .1992, a substitution of Tishman Speyer by Equitable Life Assurance Society of the
United States occurred. The originally approved development program reflected in the
1985 DRI Development Order is outlined in Table 97.1 below.
Table 97.1
'Brickell Square Project Phases II and III DRI
Approved Land Uses
Land'Use
Building Square
Footage
PM Peak Hour
Peak Directional
Trips
PHASE II
300
Office
438,000 sf
Retail
17,000 sf
PHASE III
140
Office
454,507 sf
Retail
5,285 sf,
Total
914,792 sf
440
The applicant, Equitable Life Assurance Society of The United States seeks to achieve
flexibility in the uses and intensities within the Brickell Square Project Phases II and III
DRI development to allow the ability to respond to market conditions and needs in the
downtown area. The applicant proposes a flexible development program consisting of
residential, hotel, office and retail land uses.
A flexible development program (see Appendix B) is needed to respond to future market
conditions and to develop a quality master plan of development. 'The flexible
development program is based on creating an impact envelope for the proposed land uses
on Brickell Square Project Phases II and III. The impact envelope establishes the
parameters for a flexible development program and equivalency matrix which will be
used to allow the 'simultaneous increase and decrease of uses within specified limitations
set in the previously approved DRI development order and Chapter 380 requirements.
The proposed flexible development model establishes a conservative approach designed
to maintain the same number of approved external -PM Peak Hour Peak Directional Trips,
440, established in the 1985 Development Order.
The program for the.f2.93 acre project site is designed to allow the exchange of retail,
office, hotel and multi -family residential uses. The flexible development program
establishes a range of land use thresholds and allows the exchange of uses to the extent
that the number of PM peak hour peak directional trips originally approved for the level
of vested development in the 1985 DRI Development Order is not exceeded. An outline
of the potential development program is contained in Table 97.2, below.
Table 97.2
Brickell Square Project Phases II and III DRI
Proposed Land Uses
Land Use
Existing
Minimum
Maximum *
PM Peak Hour
Vested
Units
Units
Peak
Intensity
gsf/du/rooms
gsf/du/room
Directional
Trips
Office
892,507 sf
0 sf
900,000 sf
440 Trips
Retail
22,285 sf
0 sf
100,000 sf
Hotel
-----
0 rooms
1,400 rooms
Multi -Family
-----
0 du
1,000 du**
Residential
-
* It is not possible to simultaneously develop each of the land uses to their maximum intensity
without exceeding the vested PM peak hour trips as specified in the 1985 DRI Development
Order. Therefore, any ultimate combination of land uses. will generate an equal or lesser amount
of approved PM peak hour peak directional trips.
**This limitation is not a result of peak trip generation, but water capacity. The number of units
permitted without the water limitation and limited by peak trip generation is 1,500.
Assessment of Impacts of Proposed Changes
The proposed changes which are the subject of this Notification of Proposed Change
=5-
97- 55a 3.3
involve: the addition. of uses not previously included within this Development of
Regional Impact; the simultaneous increase, and decrease of uses within specified
limitations which have been designed . to ensure compliance with Chapter 380
requirements; .and, a modification to the Master Development Plan that reflects separate
ownership interests and development parameters on the separate DRI development sites.
The following analysis indicates that the proposed changes may increase the demand on
infrastructure services such as water and wastewater. However, these potential impacts
could be mitigated through the use of specific development order conditions which, for
example, would require the applicant to execute an agreement with the Dade County
Water. and Sewer Department prior to development to reserve sufficient sewage treatment
plant capacity to accommodate the project.
Impact on Public Facilities and Services
Attached hereto as Appendix C is a detailed analysis of the impacts of the proposed
changes on essential public facilities and services.
As reflected in Appendix C, the proposed Brickell Square Project Phases II and III DRI
will generally, increase the potential impact on public facilities and services compared to
the development program approved in the original 1985 Development Order. A
comparison of impacts is shown on Table 97.3 below.
Table 97.3
Impact Summary
1985
Maximum
Total Change
Approved
Potential
1985-1997
Demand
Demand
(1997 Program)
Potable Water
90,365 GPD
278,500 GPD
Increase of 188,135 GPD
Wastewater
90,365 GPD
278,500 GPD
Increase of 188,135 GPD
Solid Waste
3.3 Tons per Day
6.3 Tons per
Increase of 3.0 Tons per
Day
Day
Employee
2,977 employees
810 employees
Decrease of 2,1.67
Demand
Employees
Notes:
1. Source - Maximum impact calculations for flexible development program
M
a�
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, as there are no substantial deviations.
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 (Le., 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 of 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 a
Development Order for a Development of Regional Impact for 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
Resolution No. 85-1060 by amending 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 H 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
Resolution No. 85-1060 by amending 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
-7-
0 - 0
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. 94-597 adopted July 26, 1994. This Resolution amended
Resolution No. 83-695 and the legal descriptions and deleted the legal descriptions for
Phases II and III from the Development Order.
(f) Resolution No. 94-598 adopted July 26, 1994. This Resolution amended
Resolution No. 83-695 and the legal descriptions for Phases II and III; qualified the entire
Brickell Square development (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.
(g) Resolution No. 96-290 adopted April 25, 1996. This Resolution modified
condition 27 of the previously approved Development Order, as amended, to provide that
the Phase. II shall commence in December 1999.
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.
8. 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.
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.
No. The request for increase in parking spaces is approximately 99% of the criteria listed
in Section 380.06(19)(b)12.
-8- -
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 proposed change would clarify that Phases II and III may be commenced Rby
December 1999, rather than in December 1999.
11. Will the proposed change require an amendment to the local government
comprehensive plan?
No.
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 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. Part of request is the removal of conditions pertaining to previously
prepared master site plans or other maps. A Master Site Plan depicting the existing
structures located on Phase I and the boundaries of Phase I and Phase IMII is attached as
Exhibit "97-1." The access to the site remains as originally approved per Resolution No.
85-1060 and as shown on Exhibit 97-1 attached hereto.
13. Pursuant to Subsection 380.06(19)(f), F.S., 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 requirements; to
commitments and representations in the Application for Development
Approval•, to the acreage attributable to each described proposed change of
M
5
3
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 specifed in Subsection 9J-2.425(7), F.A.C.
The following proposed changes to the language of Resolution No. 85-1060, as amended
by Resolution Nos. 89-410, 92-597, 94-597, 94-598, and 96-290, for the Development
Order and the Major Use Special Permit for the Brickell Square Project Phases II and III
Project are requested to read as follows:
"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 the 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 the fore oing, any site plans,
development plans. landscape plans. or any other plans or similar depictions of projected
development that are contained within the Application for Development Approval
mom
554
together with any textual descriptions or references to such plans except as provided in
Section 4.1 below, shall be deemed illustrative only and shall not limit or control
development of the subject property. The access to the site remains as originally
approved per this Resolution and as shown on Exhibit 97-1 attached hereto
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 site plans development121ans landscape plans or
any other plans or similar depictions of projected development that are contained within
the Application for Development Approval, together with any textual descriptions or
references to such plans, except as provided in Section 4.1 below, shall be deemed
illustrative only and shall not limit or control development of the subject property The
access to the site remains as originally approved per this Resolution and asshown on
Exhibit 97-1 attached hereto.
Section 4.1 Amendment to Master Development Plan. The Master
.Development Plan attached as part of Exhibit `B" to the original Brickell Square Project
Phases II and III Development Order (Resolution 85-1060.) is hereby amended. The new
Master Development Plan is attached hereto as Exhibit "97-1".
Section 4.2 Amendment to Trip Generation Rates Table. The trip generation
rates table attached as Table 31.6 of the original Brickell Square Project Phases II and III
Application for Development Approval is hereby amended: The new Trip Generation
Rates Table is attached hereto as Exhibit "97-2".
Section 4.3 Amendment to Trip Development Order Incorporating
Equivalency Matrix An Equivalency Matrix has been prepared and is attached hereto
as DRI Development Order Exhibit 97-3". Land uses within the DRI may be converted
as provided in Exhibit "97-3". without amending the Development Order. Hotel and
Multi -Family Residential uses are hereby added as permitted uses in the DRI. In order to
maintain the character of the project, existing land uses may be permitted uses in the DRI
Conversions of land uses within the DRI through use of the Equivalency Matrix attached
as Exhibit "97-3" shall not result in an increase in P.M. peak hour peak direction trig
generation. Nothing herein shall prevent the amendment of the Development Order as
permitted by Section 380.06(19), Florida Statutes.
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
- 11 -
97= 554 , 39
FINDINGS OF FACT WITH MODIFICATIONS
-
3835 A. (- 48T to tep ..f.�
SouthPhase 11 tq�mff
Y.+mpetl
v '
438,009 rem
f ffiese uses
17,000 efr-etail'ases
-r-GSP
255 nnn nor-
efP..AEing afea
Pedest&ian open spare
Plaza ---
-12-
+ 54
•
•
Theapglie-able pr-evisieand pr-eeedares-e€ the City of Miami and �walepmeflt.
i[iTm;mwm - • • • •
Development
The program for the t2.93 acre project site is designed to allow the exchange of retail, office,
hotel and multi -family residential uses. The flexible development program establishes a range of
land use thresholds and allows the exchange of uses to the extent that the number of PM peak
hour peak directional trips originall approved for the level of vested development in the 1985
Brickell Square Project Phases II and III DRI Development Order is not exceeded.
Flexibilijy
The intensity of uses can vary within the minimum and maximum ranges identified above as
long as the square footages/rooms permitted for the uses are not exceeded and a cumulative tally
of 440 PM peak hour peak directional trips are not exceeded. All uses may be expanded or
contracted through the application of flexibility without the necessity of amending this
development order, according to the Equivalency Matrix attached as Exhibit "97-3". any changes
to the plan resulting from such expansion or contraction shall be reflected in the next project
Annual Report. See Table 1.1
Ta le 1.1
Brickell Square Project Phases II and III DRI
` Proposed Land Uses
Land Use
Existing
Ye ed
Int n i
Minimum
Units
gsf/du/rooms
Maximum *
PM Peak Hour
Unit
gsf/du/room
Peak
Directional
Tries
ffice
892.507 sf
D
900,00-0 sf
440 Tuns
--Retail
22 2 5
Oaf
100.000 sf
-13-
9-7 5 5 4 if/
Land Use
Existing
Vested
jultnsity
Minimum
Units
gsf/du/rooms
Maximum *
PM Peak Hour
Units
gsf/du/room
Peak
Directional
Trigs
s
Hotel
-----
2-rooms
1.400 rooms
Multi -Family
Residential
-----
0 du
1,000 du**
* * *
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 4-,62-2 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 issuance of any certificates of
occupancy.
8.1. In the event that development will generate water and sewer
demand in excess of 903 5 gpd. the developer will enter into an
agreement with the Dade County Water and Sewer Department
prior to the issuance of a building_ permit to provide sufficient
-14-
�'�"Or` 554
sewage treatment plant capacity to accommodate the project
development.
8.2 The developer will be responsible to provide for the dis op sal of
solid waste generated by the project prior to the issuance of anx
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 +a by December, 1999, Phase III shall commence in 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).
MIAMI/KRISCHERA/863607/$$d301 !.DOC/7/09/97
-15-
37- 554
EXHIBIT 97-1
AmAkMll \ Mleetllls as
.Brickel Square Phm 1 and ® DRf
M6aM4 Porida
PROPOSM
PROJECT ACCESS
x;jo4w T
97- 554
•
Exhibit 97-2
Brickell Square Phase 11 & III Trip Generation by Land Use
PM Peak
Internal
Pass -By
Transit
External
ITE
Hour Trips
Trips
Trips
Trips
PM Peak
Size
Co
Hour
de
Trips141
Land Use
In13
Out13
In
Ou
In
Ou
In
Ou
In
Ou
1
)
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
(10%,0%,5%) (2)
(SF)
Hotel
1,400
310
516
440
52
44
0
0
26
22
439
374
(10%,0%,5%)
(Room)
Multi -Family
1,000
232
222
136
22
14
0
0
11
7
189
116
Residential
(DU)
(10%,0%,5%)
(1) ITE Trip Generation Manual, 5'h Edition, 1991.
(2) (10%,0%,5%): 10 percent internalization factor, 0 percent passer-by and 5
percent transit.
(3) Percent in/out as per the ITE Trip Generation Manual, 51h Edition, 1991.
(4) Net external PM peak hour trips = PM peak hour trips - (internal trips + pass -by
trips + transit trips)
9'7- 554
Exhibit 97-3
Brickell Square Phase II & III Equivalency Matrix0)
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
potable 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.
97- 554
EXHIBIT "A"
LEGAL- DESCRIPTION =OR 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. 60R-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, 19b0, 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 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
. �63- 29
97- 55 47
•
E
APPENDIX B
FLEXIBLE PROGRAM
•
•
Flexible Development Program
1, Introduction
In order to respond to changing market conditions and needs in the area, the
applicant is seeking a flexible development program to allow for the exchange
of certain uses and intensities within the Brickell Square development. The
flexible development program allows for the exchange of uses within certain
constraints designed to ensure that the impact of the project remains less than
or equal to the impact approved in Brickell Square DRI Phases II & 111 1985
Development Order.
The flexible development program maintains the same number of external P.M.
peak directional trips as generated by the approved development order. The
demand for potable water, sanitary sewer, solid waste and number of
employees for the combination of land uses has been 'maximized. However, a
combination of uses should not exceed the vested traffic, generation demand.
Infrastructure Maximization
A linear programming technique was used to perform this, analysis.. Linear
programming (LP) is a mathematical technique. designed to optimize
(maximize/minimize) the usage of limited resources. In LP certain variables are
defined including: an objective function (goal to optimize); constraints that
need to be satisfied; and, upper and lower limits of each variable. TORA, an
operational computer model, was used to perform the linear programming
calculations.
For the Brickell Square Phase 11 & III analysis, the objective function is to maximize
the utility and employee demand, the constraint is the vested peak hour traffic
�54
volume, and the upper and lower limits arm the minimum and maximum desired
intensities of each land use.
The Institute of Transportation Engineers (ITE) Trip Generation Manual, 5,h Edition,
1991, was used to determine the P.M. peak hour trip generation rates for the
proposed uses of the Brickell Square development. The approved uses include
retail and office, while the proposed additional uses include hotel and high-rise
multi -family residential units. The ITE manual provides the P.M. peak hour trip
generation rates for retail, office and hotels in a logarithmic equation format.
The logarithmic equation of each land use was converted to its equivalent
linear equation within each variable range limit using linear regression analysis,
with correlations (R2) ranged from 87% for retail, 95% for office, and 99.8%. for
hotel.
The Metrorail Brickell Station is adjacent to the project site near the intersection
of SW 1st Avenue and SW 101h Street. In addition, the Metromover Eighth Street
Station is adjacent to the project site, near the intersection of SW 81h Street and
South Miami Avenue. The trip generation rates were adjusted to account for
internalization, modal split and passer-by capture, where applicable.
Land Use Exchange
An equivalency matrix allows _for the exchange from one land use to another,
while keeping the impact of development unchanged. The peak -hour, peak -
direction vehicular trips are the basis of analysis in the equivalency matrix. Peak -
direction traffic is more critical, therefore, the P.M. peak -hour directional split
determined by the ITE Trip Generation Manual for each land use was used.
The 1985 Brickell Square Development Order for Phase II & III has a vested
development of 22,285 square feet (SF) of retail and 892,507 SF of office. The
1985 Brickell Square ADA-DRI determined that the vested P.M. peak -hour peak-
97- 554 51
directional volume for Phase II & III was 440 vehicles per hour (VPH). Based on
Miami -Dade Water and Sewer Department rates, the daily consumption of
potable water and sanitary sewer for the above -mentioned development
intensities is 90,365 gallons per day (gpd). The daily solid waste generation is
6,530 pounds per day, as per Metro -Dade Solid Waste Management rates, and,
the employee demand is 2,980, as per the ITE Trip Generation Manual, 5th
Edition, 1991 (rates are presented in detail in the following sections).
Il. Maximizing Development
The development program being proposed in this NOPC is as follows:
The Brickell Square new development is proposed with the following mix and
range of uses. These are:
Retail 0 - 100,000 SF
Office 0 - 900,000 SF
Hotel 0 - 1,400 Rooms
Multi -Family Residential 0 - 1,000 Dwelling Units (DU)
It should be noted that it would not be possible to simultaneously develop each
of the land uses to their maximum intensity without exceeding the vested PM
peak hour trips as specified in the 1985 DRI Development Order. The land use
range simply represents the upper and lower limits of development. The actual
development program is limited by the vested PM peak hour peak direction
.trips.
11-A Trip Generation Rates
The 1985 Brickell Square ADA-DR[ used trip generation rates based on
parking spaces available rather than the ITE manual. The study
determined that parking would be supplied. at a rate of one (1) space
per 885 square feet of gross floor area. The P.M. peak -hour peak-
5�,
• Phases II & III was d•
9
directional traffic volume for rmined as 440 VPH
(net external trips).
Based on the ITE manual and previous studies, conservative
assumptions of percent of internal, pass -by and transit trips were made.
These are summarized as follows:
Land Use 17.1nnternal Trips % Pass -By %Transit
Retail 10 25 5
Office 10 0 5
Hotel 10 0 5
Residential 10 0 5-
The P.M. peak -hour peak -direction (inbound or outbound) varies from
one use to another. The P.M. peak -hour peak -direction for office is the
outbound (83%), while it is the inbound direction for hotel (54%) and
condominiums (627o). However, the P.M. peak -hour inbound and
outbound traffic percentages are equally divided (50/50) for retail.
Since a mix of the above -mentioned land uses is proposed in this
analysis the most conservative factors (the higher percentages) for the
peak directional split, whether inbound or outbound, were used.
The linear forms of the ITE trip generation rates are listed below:
Retail:
T = 3.235 R
Net external trips @10% internalization, @25% passer-by, @5% transit and
@50% directional split
T= 1.037 R .....................(1)
Office:
T= 1.111 O
y�
97- 554
Net external trips @10% internalization, @0% passer-by, @5% transit and
@83% directional split
T = 0.789 0 .....................(2)
Hotel:
T = 0.691 H
Net external trips @10% internalization, @0% passer-by, @5% transit and
@54% directional split
T = 0.319 H .....................(3)
Hiah-Rise Multi -Family Residential Units
T = 0.338 C + 19.962
Net external trips @10% internalization, @0% passer-by, @5% transit and
@6217o directional split
T=0.179 C+ 10.582 .....................(4)
The total net external P.M. peak -hour peak -directional trips:
(1) + (2) + (3) + (4) = 440 VPH
Then,
1.037 R + 0.789 0 + 0.319 H + 0.179 C + 10.582 = 440
Or,
1.037 R + 0.789 0 + 0.319 H + 0.179 C =429.418 -
Where,
R is number of square feet in thousands (KSF)'of Retail
0 is number of KSF of Office
H is number of occupied rooms of Hotel
C is number of DU of high-rise multi -family residence
5�.f- 9"7� 554
T is the number of vehicle trips
II-B Maximum Demand for Potable Water and Sanitary Sewer
The most updated daily consumption rates of potable water and
sanitary sewer were obtained from Miami -Dade Water and Sewer
Department. They are as follows:
Retail 50 gpd/KSF
Office 100 gpd/KSF
Hotel 100 gpd/Room
Multi -Family Residence 200 gpd/DU
Given these rates, the linear programming function to determine the
combination of land uses that would generate the maximum potable
water and sanitary sewer consumption for the proposed Brickell
Square Phase 11 & .III development is as follows:
Maximize:
50 gpd/KSF Retail + 100 gpd/KSF Office + 100 gpd/Room Hotel + 200
gpd/DU Resiential
Subiect to:
1.037 R + 0.789 0 + 0.319 H + 0.179 C =429.418
Where the upper and lower boundary limits for each variable are as
shown before. The solution to these equations is:
Retail 0 KSF
Office 0 KSF
Hotel 785 Rooms
Residential 1,000 DU
Therefore, the maximum consumption of potable water and sewer for
9- 554 5�0
the above -mentioned land use - mix and range limits for the
development program which generates 440 VPH of peak -hour peak -
direction of net external trips is determined as 278,500 gallons per day.
11-C Maximum Demand for Solid Waste
The daily solid waste generation rates were obtained from Metro -Dade
Solid Waste Management. They are as. follows:
Retail 8.5 lbs/day/KSF
Office 7.1 Ibs/day/KSF
Hotel 6.2 Ibs/day/Room
Residential 7.8 lbs/day/DU
Given these rates, the linear programming function to determine the
combination of land uses that would generate the . maximum solid.
waste for the Brickell Square Phase II & III proposed development is as
follows:
Maximize:
8.5 Ibs/day/KSF Retail + 7.1 Ibs/day/KSF Office + 6.2 Ibs/day/Room
Hotel + 7.8 Ibs/day/DU Residential
Subiiect to:
1.037 R + 0.789 0 + 0.319 H + 0. 179 C =429.418
Where the upper and lower boundary limits .for each variable are as
shown before. The solution to these equations is:
Retail 0 KSF
Office 0 KSF
Hotel - 785 Rooms
Residential 1,000 DU
Therefore, the maximum generation of solid waste for the above -
mentioned land use mix and range limits for the development
6(9IJ ' = 554
0 . 0
program which generates 440 VPH of peak -hour peak -direction of net
external trips is determined as 12,667 pounds per day.
II.D Demand for Employees
The ITE Trip generation Manual, 5th Edition, 1991, provides employee
demand rates by land use as follows:
Retail 1.82 employees/KSF
Office 3.29 employees/KSF
Hotel 0.90 employees/room
Residential 0 employees/DU
Given these rates the employee demand for 1,000 DU of condominium
and 900 hotel rooms is approximately 810 employees, which is less than
the employee demand for the previously approved development
intensities (2,980 employees).
III. Land Use Trade -Off Mechanism
Phase II & Ill of Brickell Square development has a vested development of
892,507 SF of office and 22,585 SF of retail, as per 1985 Development Order. The
equivalency matrix, presented in Table 1, was developed to provide for the
exchange of Brickell Square Phase II & III proposed land uses of retail, office,
hotel and multi -family residential, while keeping the traffic impact of the
development unchanged. Limitations of potable water and sewer and solid
waste should also be considered. The equivalency matrix is based on net
external peak -direction P.M. project peak -hour traffic. Details of Brickell Square
Phase 11 & III external P.M. peak -hour traffic by land use are summarized in Table
2.
9r
7= 554 / 7
•
0
Table 1: Bricked Square Phase 11 & III Equivalency Matrix0l
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 per
0.363 ksf office
--
2.302 DUs
(Rooms)
room
per room
per room
Residential
0.059 ksf retail per
0.158 ksf office
0.434 rooms
—
(DU)
DU
per DU
per DU
(1 j 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 potable 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 = 183.351i<sf; Reduce office by 183.35 ksf.
Add 50.000ksf retail by reducing office
50.000 ksf divided by 0.374 = 133.6951sf; Reduce office by 133.695ksf.
Convert 80.000ksf 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.
97- 554
Table 2: Brickell Square Phase If & III Trip Generation by Land Use
PM Peak
Internal
Pass -By
Transit
External
ITE
Hour Trips
Trips
Trips
Trips
PM Peak
Size
Cod
Hour
eTrips(4)
Land Use
In(3)
Out(3)
In
Out
In
Out
In
Out
In
Out
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
(10%,0%,5%)[2)
(SF)
Hotel
1,400
310
516
440
52
44
0
0
26
22 '
439
374
(10%,0%,5%)
(Room)
Multi -Family
1,000
232
222
136
22
14
0
0
11
7
189
116
Residential
(DU)
(10%,0%,5%)
(1 j ITE Trip Generation Manual, & Edition, 1991.
(2) (107c.07o.57o): 10 percent internalization factor, 0 percent passer-by and 5 percent transit.
(3) Percent in/out as per the ITE Trip Generation Manual,15 Edition, 1991.
(4) Net external PM peak hour trips = PM peak hour trips - (internal trips + pass -by trips + transit trips)
f: \eng\trans...\bdckrvrV1ex_2.wpd
0' — S5,1 �?
APPENDIX C
INFRASTRUCTURE
9' 554 I
Table C-1
6RICKELL SQUARE 1983 DEVELOPMENT ORDER INFRASTRUCTURE DEMAND
LAND INTENSITY GENERATION UNIT OF DEMAND TOTAL WATER WASTEWATER SOLID WASTE
USES RATE DEMAND DEMAND DEMAND DEMAND
RETAIL
Water 22,285
Sq. R. 50.00 Gallons per day per 1,000 square toot
(1)
1,114
Wastewater
60.00 Gallons per day per 1,000 square fool
(1)
1,114
Solid Waste
8.59 lbs. per 1.000 sq. ft. per day
(2)
191
Employees
1.82 Employees per 1,000 sq. ft. gross floor area
(3)
41
Demand Subtotal
1,114 1.114 191 41
OFFICE
Water 892,507
Sq. 0. 100.00 Gallons per day per 1,000 square foot
89,251
Wastewater
100.00 Gallons per day per 1,000 square fool
89,251
Solid Waste
7.10 lb. per 1,000 sq. It. per day
6,337
Employees
3.29 Employees per 1,000 sq. it. gross floor area
2.930
Demand Subtotal
89,251 89,251 6.337 2,936
TOTAL DEMAND
90,365 90,365 6.528 2,977
Source:
-
1
Mlaml•Dade Water and Sewer Department
2
Melro-Oade Solid Waste Management Department
3
ITE Trip Generation Manual, 51h Edition.1991
0
L -A
I
Table C-2
Brickell Square
Maximum Demand - Flexible Development Program
1997
RANGE DEMAND DEMAND SOLID
Retail 0 - 22,285 sq. 11.
Office 0 - 892.507 sq. Il.
Hotel 1,100 rooms
Condominium 500 units
Maximum Demand 206,600 206,600 10.509 960
TOTAL MAXIMUM DEMAND 206,600 206.600 10,509 960
L
E
V
ORIGINAL APPLICATION
97� 554
� GBffNBfBfi �
IBfl�BIG
Lucia A Doughert}'
579-0603
VIA HAND DELIVERY
May 9, 1997
Ms. Lourdes Slazyk
Assistant Director of Community Planning Revitalization
City of Miami Planning Department
444 S.W. 2d Avenue, 3rd Floor
Miami, Florida 33131
Re: Notice of Proposed Change ("NOPC") to Previously' approved Development of
Regional Impact ("DRI") and Amendment to Major Use Special Permit for
Brickell Square DRI
Dear Lourdes:
Enclosed is a Notice of Proposed Change to amend the Development Order approved by
the City of Miami for the Brickell Square Phases II and'I1I DRI. It is my understanding that the
submittal of the Notice of Proposed Change also serves as the application of Equitable Life
Assurance Society of the United States ("Equitable") to amend the Major Use Special Permit that
was granted by the City in connection with this project.
Equitable is requesting that the Development Order be amended to allow two additional
types of use on the property: multi -family residential uses and hotel uses. This amendment is
being requested to allow additional flexibility in the development and marketing of the subject
property, and to enable the owner to adjust to changing market conditions.
To accommodate the additional uses without increasing the overall impacts of the
development, Equitable is also requesting that the limitations on gross square footage that can be
allocated under the Development Order be replaced with an Equivalency Matrix. Under the
application of the Equivalency Matrix, the developer could replace specific amounts of square
footage devoted to office/retail uses with a specific number of hotel rooms or multi -family
residential units. The Equivalency Matrix has been calculated so that all of the possible
combinations of office/retail/hoteVmulti-family residential uses will have the same or fewer -total
impacts on traffic as the amounts of office and retail development currently set out in the
Development Order. Thus, the property could be developed with any combination of
office/retail/hotel/multi-family residential uses, provided that such uses ,did not increase the overall
impacts of the development.
G IiFF:\li t: li 1. Tit X1 it[(; lloi,F'?IA:\ LIru FF Ru<i;\ & `t ENTFi.. P.A.
122113HI("KFA_1,ANFRUF: Mi%mi.Fi.o1ilU\33131 305-5 9-0500 V.%\305-$,9-0-17
:1ikmi Ni-:w Yoich N'nsurNGTo\- D.C.
WEST PALM BEACi1
0�
May 9, 1997
Page 2
This request is in response to the increasing demand for residential uses in the Brickell
Avenue area. The development of several large-scale residential complexes (including the Santa
Maria and Fortune House condominiums) illustrates the strong interest in residential units on
Brickell. Allowing the Brickell Square DRI to be developed with a mix of residential and
commercial uses will -enable the property to meet this growing need. Rather than simply amend
the Development Order to provide for a fixed amount of =either hotel or multi -family residential
use, Equitable is requesting that the allocation of use be based upon a matrix. This would allow
Equitable to develop the property with a mix of commercial and residential use that will meet the
needs of the community as those needs evolve, without the necessity of amending the
Development Order.
In order to preserve this flexibility, Equitable is also requesting that the Development
Order be amended to remove the obligation to develop the property according to the Master
Development Plan, landscape plans, traffic plans, and other various site plans that were included
in the Application for Development Approval (ADA) and comments from the South Florida
Regional Planning Council, which were incorporated into the Development Order by reference.
Equitable has also requested the insertion of language to clarify that geographic depictions of
portions of the property as "Phase Il" and "Phase 11I" are descriptive only, and do not place
substantive limits on the development of the property. Also requested is an increase of 299
parking spaces permitted on the property, to ensure adequate parking to allow the allocation of
uses contemplated in the Equivalency Matrix. Finally, the applicant has requested that the
language establishing the commencement dates be. amended to clarify that. the project must be
commenced bv, rather than upon, those dates.
We are also submitting: i) a list of property owners located within 375 feet of the project;
ii) a survey -of the property, and iii) four checks addressed to the City of Miami as follows: a
check in the amount of $5,000 to process the amendment; a check in the amount of S 1,150 for the
advertising surcharge; and two checks in the amounts of 53,500 and $1,687 (totaling 55,187) for
notice and mailing to property owners which amount was calculated by determining the number of
property owners located within 375 feet of the property to whom notice must be sent, multiplied
by $7.00 for the two required hearings.
As required by Section 380.06, Florida Statutes, the NOPC is being delivered to both the
South Florida Regional Planning Council and the Department of Community Affairs. Pursuant to
Section 2105.3 of the Zoning Ordinance of the City of Miami, the requested changes would no
constitute a substantial deviation from the approved development order under Section 380.06;
and therefore, the development .order may be amended without further compliance with the terms
of the Zoning Ordinance.
2
May 9, 1997
Page 3
Please call me at 579-0603 if there is anyt'hiiig further we need to provide you in
connection with the application, or if you have any questions.
Very truly yours,
Lucia A. 150u herty
Enclosures
cc: Mr. Tom Beck, Department of Community Affairs
Ms. Carolyn Dekle, South Florida Regional Planning Council,
Mr. David McKenna
Mr. Rob Curtis
Adrienne Friesner Pardo, Esq.
Alan S. Krischer, Esq.
GHEE.„ER(: Ti;:XURIG 9 7 - 5 5 1-1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(904)487-4545
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 submittals of a proposed change to
a previously approved DRI be made to the local government, the regional planning agency, and
the state land planning agency according to this form.
I, Lucia A. Dougherty, Esq., 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, to
the South Florida Regional Planning Council, and to-- the Bureau of State Planning,
Department of Community Affairs..
(Date) (Signature)'
GREE:�BERG TRACRIG
97-- 51
-�o
2. Applicant (name, address, phone).
Equitable Life Assurance Society of the United States
Attn: David McKenna
3424 Peachtree Road
Suite 300
Atlanta, Georgia 30326
(404) 240-2135
3. Authorized Agent (name, address, phone).
Lucia A. Dougherty, Esq.
Greenberg Traurig
1221 Brickell Avenue
Miami, Florida 33131
(305) 579-0603
4. Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
Approximately 845-999 Brickell Avenue, Miami, Dade County, Florida (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 repre-
sentations contained in either the development order or the Application for
Development Approval.
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 impact.
This notification includes changes to the Brickell Square Project Phases II and III
Development of Regional Impact which are designed to enhance the plan and respond to
market trends and needs in the area. These changes include. -
Creation of a_flexible development program which may include up to a 1,400 room
hotel or up to a 1,000 unit multi -family residential use or any other use without
exceeding the vested 440 PM peak hour trips in the approved Brickell Square
Project Phases II and III DRI Development Order.
-2-
97_ 55 1
0' 0
The addition of hotel and multi -family uses which could be incorporated into the
project through a flexible development program.
• A revised Master Development Plan for the Brickell Square Project Phases II and
III site that reflects the separate ownership structure that exists between the
Brickell Square Phase I DRI and the Brickell Square Project Phases II and III DRI
(the subject of this application).
• An increase of299 parking spaces from 1,622 to 1,921.
• A minor modification of the language establishing the commencement dates for
Phases II and III, to clarify that commencement must begin by such dates.
However, the commencement date itself is not requested to be amended.
The proposed changes which are the subject of this Notification of Proposed Change
involve: the addition of uses not previously included within this Development of Regional
Impact; the simultaneous increase and decrease of uses within specified limitations which
have been designed to ensure compliance with Chapter 380 requirements; and, a
modification to the Master Development Plan that incorporates a flexibility of uses on the
existing site to respond to market conditions and needs in the area.
Additional Uses
The uses that were originally approved for the Brickell -Square Phases II and III DRI
include Office and Retail, which may no longer be appropriate to meet market demand and
local area needs. Therefore, the applicant has proposed to introduce two additional uses,
Hotel and Multi -Family Residential uses, which based on real . estate research better
address changing market conditions.
Revised Master Development Plan
The Master Development Plan has been revised to reflect the separate ownership of the
Brickell Square Phase I DRI from the Brickell Square Project Phases II and III DRI. The
separate ownership was permitted through the designation of the Brickell Square site as a
Phased Project pursuant to Section 2502 of the City of Miami Zoning Ordinance 11000_
This qualification as a Phased Project permitted -the sale of Phase I (which is already
developed) to a different entity while allowing the property as a whole (Phases I, II and
III) to be developed as one site for zoning purposes.
Proposed Development Prop -ram
-3-
The Brickell SquaWroject Phases I1 and III DRI is loud on a f2.93 acre site ir.
downtown Miami, which was originally slated to be developed by Tishman-
Speyer/Equitable Joint Venture. Pursuant to Resolution 92-597 adopted on September
24, 1992, a substitution of Tishman Speyer by Equitable Life Assurance Society of the
United States occurred. The originally approved, development program reflected in the
1985 DRI Development Order is outlined in Table 97.1 below.
Table 97.1
Brickell Square Project Phases H and III DR[
Approved Land Uses
Land Use
Building Square
Footage
PM Peak Hour
Peak Directional
Trips
PHASE H
300
Office
438,000 sf
Retail
17,000 sf
PHASE III
140
Office
454,507 sf
Retail
5,285 sf
Total
914,792 sf
440
The applicant, Equitable Life Assurance Society of The United States seeks to achieve
flexibility in the uses and intensities within the Brickell Square Project Phases II and III
DRI development to allow the ability to respond to market conditions and needs in the
downtown area. The applicant proposes a flexible development program consisting of
residential, hotel, office and retail land uses.
A flexible development program (see Appendix B) is needed to respond to future market
conditions and to develop a- quality master plan of development_ The flexible development
program is based on creating an impact envelope for the proposed land uses on Brickell
Square Project Phases II and III. The impact envelope establishes the parameters for a
t�
97w 5 5It
flexible develo meil'�P gram ro and equivalency matrix whicFi will be used to allow the
P q Y
simultaneous increase and decrease of uses within specified limitations set in the
previously approved DRI development order and Chapter 380 requirements.
The proposed flexible development model establishes a conservative approach designed to
maintain the same number of approved external PM Peak Hour Peak Directional Trips,
440, established in the 1985 Development Order.
The program for the f2.93 acre project site is designed to allow the exchange of retail,
office, hotel and multi -family residential uses. The flexible development program
establishes a range of land use thresholds and allows the exchange of uses to the extent
that the number of PM peak hour peak directional trips originally approved for the level of
vested development in the 1985 DRI Development Order is not exceeded. An outline of
the potential development program is contained in Table 97.2, below.
Table 97.2
Brickell Square Project Phases II and III DRI
Proposed Land Uses
Land Use
Existing
Minimum
Maximum
PM Peak Hour
Vested
Units
Units
Peak
Intensity
gsf/du/rooms
gsf/du/rooms
Directional
Trips
Office
892,507 sf
0 sf
900,000 sf
440 Trips
Retail
22,285 sf
0 sf
100,000 sf,
Hotel
-----
0 rooms
1,400 rooms
Multi -Family
-----
0 du
1,000 du**
Residential
* It is not possible to simultaneously develop each of the land uses to their maximum intensity
without exceeding the vested PM peak hour trips as specified in the 1985 DRI Development
Order. Therefore, any ultimate combination of land uses will generate an equal or lesser amount
of approved PM peak hour peak directional trips.
"This limitation is not a result of peak trip generation, but water capacity. The number of units
permitted without the water limitation and limited by peak trip generation is 1,500.
Assessment of Impacts of Proposed Changes
The proposed changes which are the subject of this Notification of Proposed Change
involve: the addition of uses not previously, included within this Development of Regional
Impact; the simultaneous increase and decrease of uses within specified limitations which
-5-
have been desig* to ensure compliance with Chap*380 requirements, and a
modification to the Master Development Plan that reflects separate ownership interests
and development parameters on the separate DRI development sites.
The following analysis indicates that .the proposed changes may increase the demand on
infrastructure services such as water and wastewater. However, these potential impacts
could be mitigated through the use of specific development order conditions which, for
example, would require the applicant to execute an agreement : with the Dade County
Water and Sewer Department prior to development to reserve sufficient sewage treatment
plant capacity to accommodate the project.
Impact on Public Facilities and Services
Attached hereto as Appendix C is a detailed analysis of the impacts of the proposed
changes on essential public facilities and services.
As reflected in Appendix C, the proposed Brickell Square Project Phases II and III DRI
will generally, increase the potential impact on public facilities and services compared to
the development program approved in the original 1985 Development Order. A
comparison of impacts is shown on Table 97.3 below.
Table 97.3
Tmnart Cnmmar-v
1985
Maximum
Total Change
Approved
Potential
1985-1997
Demand
Demand
(1997 Program)
Potable Water
90,365 GPD
278,500 GPD
Increase of 188,135 GPD
Wastewater
90,365 GPD
278,500 GPD
Increase of 188,135 GPD
Solid Waste
3.3 Tons per Day
6.3 Tons pet
Increase of 3.0 Tons per
Day
Day
Employee
2,977 employees
810 employees
Decrease of 2,167
Demand
Employees
Notes:
1. Source - Maximum impact calculations for flexible development program
76-
97= 554
6. Complete the attad Substantial Deviation DeterminaTrbn Chart for all land use
types approved in the development. If nc change .is proposed or has occurred,
indicate no change.
Not applicable, as there are no substantial deviations.
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 of 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 a
Development Order for a Development of Regional Impact for 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
Resolution No. 85-1060 by amending 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
Resolution No. 85-1060 by amending 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.
-7-
�� i7554
e. Resolution®
O ��o. 94-597 adopted July 26, 1994. This Resolution .amended
Resolution No. 83-695 and the legal descriptions and deleted the legal descriptions for
Phases II and III from the Development Order.
(f) - Resolution No. 94-598 adopted July 26, 1994. This Resolution amended
Resolution No. 83-695 and the legal descriptions for Phases II and III; qualified the entire
Brickell Square development (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.
(g) Resolution No. 96-290 adopted April 25, 1996. This Resolution modified
condition 27 of the previously approved Development Order, as amended, to provide that
the Phase II shall commence in December 1999.
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.
8. 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.
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.
No. The request for increase in parking spaces is approximately 99% of the criteria listed
in Section 380.06(19)(b)12.
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
-8-
9'7- 55a 77
10. Doe.; the proposewange result in a change to the b . out date or an phasing
g
date of the project? If so, indicate the proposed new buildout or phasing dates.
Yes. The proposed change would clarify that Phases II .and III may be commenced b
December 1999, rather than in December 1999,
11. Will the proposed change require an amendment to the local government
comprehensive plan?
No.
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 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. Part of request is the removal of conditions pertaining to previously
prepared master site plans or other maps. A Master Site Plan depicting the existing
structures located on Phase I and the boundaries of Phase I and Phase II/III is attached as
Exhibit "97-1."
13. Pursuant to Subsection 380.06(19)(f), F.S., 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 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;
'a
_7q 97- 554
(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), F.A.C.
The following proposed changes to the language of Resolution No. 85-1060, as amended
by Resolution Nos. 89-410, 92-597, 94-597, 94-598, and 96-290, for the Development
Order and the Major Use Special Permit for the Brickell -Square Project Phases II and III
Project are requested to read as follows:
"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 the 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 the foregoing any -Site plans development
plans__ landscape plans. or_any other ,plans or similar depictions of ejected development
that are contained within the Application for Development Approval together with anv
textual descriptions or references to such plans_ except as provided in Section 4,1 below
shall be deemed illustrative only and shall not limit or control development of the subject
IM S �_�w
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 fosite plans develonment plane landscape ant or any
other plans or similar depictions of proiected development that are contain d within the
Application for Development Approval together with any textual descriptions or
-10-
9' = .�547�
illustrative only a��hall not limit or control development of the subiect proper�x.
Section 4 1 Amendment to Master Development Plan The tester
Development Plan attached as part of Exhibit " B" to the original Brickell Square Proiect
Phases II and III Development Order (Resolution 85-10601 is hereby amended. The new
Miter Development Plan is attached hereto as Exhibit "97-1".
Section 4.2 Amendment to Trip G ne eration Rates Table. The trit) veneration
rates table attached as Table 3 I 6 of the original Brickell Sauare Proiect Phases II and III
Application for Development Approval is hereby amended The new. Trip Generation
Rates Table i5 attached hereto as Exhibit "97-2"_
Section 4.3
Amendment to Trip Development
Order
Incorporating
Equivalency
Matrix An Equivalency
Matrix has been
prepared and
is attached hereto
as DRI
Development Order
Exhibit "97-3" Land
uses within
the DRI may be converted
as
provided in Exhibit
"97-3" without amending
the Development
Order Hotel
and
-Multi -
Family Residential
uses are hereby added as
permitted
uses in the DRI
In
order to
maintain the character
of the Proiect existing
land uses may
be permitted uses
in the
DRI.
Conversions of land
uses within the DRI through
use of the
Equivalency Matrix
attache
as Exhibit "97-Y
shall not result in an increase
in P.M.
peak hour peak direc
ion trip
generation Nothing herein shall prevent the
amendment
-of the _Development
Order as
permitted by Section
380.06(19)'Florida Statutes.
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
FINDINGS OF FACT WITH MODIFICATIONS
DOWN
-11-
190
. 9�_ 554
� 438,000 —ee tiseJ
17,009 GSF ,.f retail
255 nnn Get• f.,,,..i.:,,,,
J z,J.�>vvv �r.�. D
afea
454,507 Gcz
ffi
uses
5,285 r_285 cF-. f
Feta-1
> july 1, 1985, july 4, 1995, and August 13,
Development
The program for the ±2.93 acre project site is designa.IQ allow the exchange of r
hotel and multi-fan�ly residential uses. The flexibl . development program establishe
Land • • • • • •
161111RIV471 out
- 12-
n
The intensity of uses can
vary within the
minimum
and maximum ranges identified above a long
as the square footages/rooms
permitted
for the
uses are not exceeded and a cumulative tally of
440 PM peak hour peak
directional trips
are
not exQ.QedQd1 All uses may he exy nderl Qr
�r ll V
contracted through the
application
of flexibility
without the necessity of amending
development order_ according
to the Equivalency
—this
Matrix attached as Exhibit "97-3"* any changes
to the plan resulting from
such expansion
or
contraction shall be reflected in the next r,rniect
Annual Report. See Table
1 1
Land Use
Fxjsti
Vested
Iat
minimum
d"
usf/du/rooms
Maximum *
PM Peak Hour
Units
gsf/du/room
S
Ptak
Directional
Tri>Q
440 Trim
Office
a22_L07_sf
�f
900 000 sf
Retail
22-285 sf
0 sf
0 00
e 1
-----
0 rooms
1 400 rooms
Multi -Family
Residential
-----
0 ��
I. 0 0 * *
•U .. 1• �• 7•.:� :y
1 /' �. /� �' ••11'1/.y
11" •74F.roWlIle .•11. 1• •1 • .1• �'
"Thisless than or equal to the PM p=k
11 •1 is not a result
hour =k directional trips
of wA .r. yl"Y: •1 ba-water
CaDaCiV.WI" 1 _/1 ." • uaits Tye-m-Axed 1• 1" watjej
II �. . .: -:
m
... • yl �fY• • 1
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEVERABLY
WILL:
-13-
�/"�54
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 .�?? 1 221 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 issuance of any certificates of
occupancy.
8.1 In the event
that development
will generate
water and sewer
demand in
excess of
90.365 gpd, the developer
will enter into an
agreement
with the
Dade County Water and
Sewer Duartment
prior to the
issuance
of a building permit to
provide sufficient
sewage treatment
lan nt capacity to accommodate
he project
development.
8,2 The developer
will
be responsible to provide
for the disposal of
lid waste generated
by the
12roiect prior to the issuance
of anv certificates
L01161IRRIMM
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 ifi by December, 1999, Phase III shall commence in by December 1999 and the project
-14-
9�- 554
shall be completed in 2001. A11 other conditions shall be in accordance with the schedule
provided in timeline (figure 1).
* * *17
hIl:�.tilLfKRISCHERA/863607/SSd301 !. DOC/5109/97
-15-
I
(D
89i.810 AJMLR PARTNL% W-
r.rr...r.. s�
�i
Ij I
i I
S.E. 8th STREET
I j
I
IC
PHASE I j
j EXISTWG
9 STORYOWER GARAGE
I I
I I
I j
I I
I I
I I
I I
j
I
I I
I I
PHASE 0 / UI
I I
I
I I
I� I
I I
I j
I I
I j
I I
L--- --- --- --- — —�
Brickell Square Phase II and III DRI
Miami, Florida
a
I
I
I
t
I
I
i
I
i
I
i
I
I
I
I
I
I
1
Master
Site Plan
0 o aaavov m
OrV� 3ab
97--- �� T5
0 •
Exhibit 97-2
Brickell Square Phase II & III Trip Generation by Land Use
PM Peak
Internal
Pass -By
Transit
External
ITE
Hour, Trips
Trips
Trips
Trips
PM Peak
Size
Co
Hour
de
1�1
Trips(4)
Land Use
In13
Out13
In
Ou
In
Ou
In
Ou
In
Ou
1
1
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
(10%,0%,5%) (2)
(SF)
Hotel
1,400
310
516
440
52
44
0
0
26
22
439
374
(10%,0%,A)
(Room)
Multi -Family
1,000
232
222
136
22
14
0
0
11
7
189
116
Residential
(DU)
(10%,0%,5%)
(1) ITE Trip Generation Manual, 51h Edition, 1991.
(2) (10%,0%,5%): 10 percent internalization factor, 0 percent passer-by and 5
percent transit.
(3) Percent in/out as per the ITE Trip Generation Manual, 51h Edition, 1991.
(4) Net external PM peak hour trips = PM peak hour trips - (internal trips + pass -by
trips + transit trips)
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
potable 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
Mulfi-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.
S
EY IBIT "A"
LEGAL. DESCRI DT=ON FOR p'�_L_kS7 TT
All that portion of Lot 11 except the North 46.73 feet thereof and
Lots 12, and 113, Block 1-04 . South, AMENDED MAP OF BRICKSLL' S
ADDITION TO MIA.MI, according to the plat thereof recorded in Plat
Sock "B" at.Pace 113 of the Public Records of Dade County, Florida,
lyinc 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 Pace 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 2076 at Pace 441 cf
the Public Records of Dade County, Florida, containing an area of
90,181 scuare feet more or less.
LEGAL, DESCRIPTION FOR PKAS£ i T I
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 MI;JMI, 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, 1980, 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,
lorida, containing an area of 37,537 scuare feet more or less.
FTL1-178779
6- 29
9 7 - 554
•
APPENDIX B
FLEXIBLE PROGRAM
r _ 5 5 4 gq
•
•
Draft
Flexible Development Program
1. Introduction
In order to respond to changing market conditions and needs in the area, the
applicant is seeking a flexible development program to allow for the exchange
of certain uses and intensities within the Brickell Square development. The
flexible development program allows for the exchange of uses within certain
constraints designed to ensure that the impact of the project remains less than
or equal to the impact approved in Brickell Square DRI Phases II & III 1985
Development Order..
The flexible development program maintains the same number of external P.M.
peak directional trips as generated by the approved development order. The
demand for potable water, sanitary sewer, solid waste and number of
employees for the combination of land uses has been maximized. However, a
combination of uses should not exceed the vested traffic generation demand.
Infrastructure Maximization
A linear programming technique was used to perform this analysis. Linear
programming (LP)
is a mathematical
technique
designed
to optimize
(maximize/minimize)
the usage of limited
resources. In
LP certain
variables are
defined including: an objective function (goal to optimize); constraints that
need to be satisfied; and, upper and lower limits of each variable. TORA, an
operational computer model, was used to perform the linear programming
calculations.
For the Brickell Square Phase 11 & III analysis, the objective function is to maximize
the utility and employee demand, the constraint is the vested peak hour traffic
q0 97 5;41
volume, and the upper and lower limits are the minimum and maximum desired
intensities of each land use
The Institute of Transportation Engineers (ITE) Trip Generation Manual, 5th Edition,
1991, was used to determine the P.M. peak hour trip generation rates for the
proposed uses of the Brickell Square development. The approved uses include
retail and office, while the proposed additional uses include hotel and high-r"se
multi -family residential units. The ITE manual provides the P.M. peak hour trip
generation rates for retail, office and hotels in a logarithmic equation format.
The logarithmic equation of each land use was converted to its equivalent
linear equation within each variable range limit using linear regression analysis,
with correlations (R2) ranged from 87% for retail, 95% for office, and 99.8% for
hotel.
The Metrorail Brickell Station is adjacent to the project site near the intersection
of SW 1 st Avenue and SW 101h Street. In addition, the Metromover Eighth Street
Station is adjacent to the project site, near the intersection of SW 81h Street and
South Miami Avenue. The trip generation rates were adjusted to account for
internalization, modal split and passer-by capture, where applicable.
Land Use Exchange
An equivalency matrix allows for the exchange from one land use to another,
while keeping the impact of development unchanged. The peak -hour, peak -
direction vehicular trips are the basis of analysis in the equivalency matrix. Peak -
direction traffic is more critical, therefore, the P.M. peak -hour directional split
determined by the ITE Trip Generation Manual for each land use was used.
The 1985 Brickell Square Development Order for Phase II &' III has a vested
development of 22,285 square feet (SF) of retail and 892,507 SF of office. The
1985 Brickell Square ADA-DRI determined that the vested P.M. peak -hour peak-
S"�= 554
q�
directional volume for Phase II & III was 440 vehicles per hour (VPH). Based on
Miami -Dade Water and Sewer Department rates, the daily consumption of
potable water and sanitary sewer for the above -mentioned development
intensities is 90,365 gallons per day (gpd). The daily solid waste generation is
6,530 pounds per day, as per Metro -Dade Solid Waste Management rates, and,
the employee demand is 2,980, as per the ITE Trip Generation Manual, 51"
Edition, 101 (rates are presented in detail in the following sections).
II. Maximizing Development
The development program being proposed in this NOPC is as follows:
The Brickell Square new development is proposed with the following mix and
range of uses. These are:
Retail 0 - I00,000 SF
Office 0 - 900,000 SF
Hotel 0 - 1,400 Rooms
Multi -Family Residential 0 - 1,000 Dwelling Units (DU)
It should be noted that it would not be possible to simultaneously develop each
of the land uses to their maximum intensity without exceeding the vested PM
peak hour trips as specified in the 1985 DRI Development Order. The land use
range simply represents the upper and lower limits of development. The actual
development program is limited by the vested PM peak hour peak direction
trips.
I1-A Trip Generation Rates
The 1985 Brickell Square ADA-DRI used trip generation rates based on
parking spaces available rather than the ITE manual. The study
determined that parking would be supplied. at a rate of one (1) space
per 885 square feet of gross floor area. The P.M: peak -hour peak-
;t 97- 554
•
dire(_;tional traffic volume for Phases II & III was determined as 440 VPH
(net external trips).
Based on the ITE manual and previous studies, conservative
assumptions of percent of internal, pass -by and transit trips were made:
These are summarized as follows:
Land Use %Internal Trips % Pass -By %Transit
Retail 10 25 5
Office 10 0 5
Hotel 10 0 5
Residential 10 0 5
The P.M. peak -hour peak -direction (inbound or outbound) varies from
one use to another. The P.M. peak -hour peak -direction for office is the
outbound (83%), while it is the inbound direction for hotel (54%) and
condominiums (62%). However, the P.M. peak -hour inbound and
outbound traffic percentages are equally divided (50/50) for retail.
Since a mix of the above -mentioned land uses is proposed in this
analysis the most conservative factors (the higher percentages) for the
peak directional split, whether inbound or outbound, were used.
The linear forms of the ITE trip generation rates are listed below:
T = 3.235 R
Net external trips @10% internalization, @25% passer-by, @5% transit and
@50% directional split
T=1.037R .....................(1)
Office:
T= l.11l 0
Net external rips .@ 10% internalization, @0% passer-by, @5% transit and
@83% directional split
T=0.789 O .....................(2)
Hotel:
T = 0.691 H
Net external trips @ 10% internalization, @0% passer -,by, @5% transit and
@54% directional split
T = 0.319 H .....................(3)
Hiah-Rise Multi -Family Residential Units
T = 0.338 C + 19.962
Net external trips @10% internalization, @0% passer-by, @5% transit and
@62% directional split
T = 0.179 C + 10.582 .....................(4)
The total net external P.M. peak -hour peak -directional trips :
(1) + (2) + (3) + (4) = 440 VPH
Then,
1.037 R + 0.789 0 + 0.319 H+0.1.79C+ 10.582=440
Or,
1.037 R + 0.789 0 + 0.319 H + 0.179 C = 429.418
Where,
R is number of square feet'in thousands (KSF) of Retail
0 is number of KSF of Office
H is number of occupied rooms of Hotel
C is number of DU of high-rise multi -family residence
(+ 97- 554
T is the number of vehicle trips
II-B Maximum Demand for Potable Water and Sanitary Sewer
The most updated daily consumption rates of potable water and
sanitary sewer were obtained from Miami -Dade Water and Sewer
Department. They are as follows:
Retail 50 gpd/KSF
Office 100 gpd/KSF
Hotel 100 gpd/Room
Multi -Family Residence 200 gpd/DU
Given these rates, the linear programming function to determine the
combination of land uses that would generate the maximum potable
water and sanitary sewer consumption for the proposed Brickell
Square Phase II & _III development is as follows:
Maximize:
50 gpd/KSF Retail + 100 gpd/KSF Office + 100 gpd/Room Hotel + 200
gpd/DU Resiential
Subject to:
1.037 R + 0.789 O + 0.319 H + 0.179 C = 429.418
Where the upper and lower boundary limits for each variable are as
shown before. The solution to these equations is:
Retail 0 KSF
Office 0 KSF
Hotel 785 Rooms
Residential 1,000 DU
Therefore, the maximum consumption of potable water and sewer for
97- 554q5--
the above -mentioned land use mix and range limits for the
development program which generates 440 VPH of peak -hour peak -
direction of net external trips is determined as 278,500 gallons per day.
II-C Maximum Demand for Solid Waste
The daily solid waste generation rates were obtained from Metro -Dade
Solid Waste Management. They are as follows:
Retail 8.5 Ibs/day/KSF
Office 7.1 Ibs/day/KSF
Hotel 6.2 Ibs/day/Room
Residential 7.8 Ibs/day/DU
Given these rates, the linear programming function to determine the
combination of land uses that would generate the maximum solid
waste for the Brickell Square Phase II & III proposed development is as
follows:
Maximize:
8.5 Ibs/day/KSF Retail + 7.1 Ibs/day/KSF Office + 6.2 Ibs/day/Room
Hotel + 7.8 Ibs/day/DU Residential
Subiect to:
1.037 R + 0.789 O + 0.319 H + 0.179 C = 429.418
Where the upper and lower boundary limits for each variable are as
shown before. The solution to these equations is:
Retail 0 KSF
Office 0 KSF
Hotel 785 Rooms
Residential 1,000 DU
Therefore, the maximum generation of solid waste for the above -
mentioned land use mix -and range limits for the development
�/ 91- S54
program which generates 440 VPH of pecR-hour peak -direction of net
external trips is determined as 12,667 pounds per day.
111.11) Demand for Employees
The ITE Trip generation Manual, 51h Edition, 1991, provides employee
demand rates by land use as follows:
Retail 1.82 employees/KSF
Office 3.29 employees/KSF
Hotel 0.90 employees/room
Residential 0 employees/DU
Given these, rates the employee demand for 1,000 DU of condominium
and 900 hotel rooms is approximately 810 employees, which is less than
the employee demand for the previously approved development
intensities (2,980 employees).
III. Land Use Trade -Off Mechanism
Phase II & III of Brickell Square development has a vested development of
892,507 SF of office and 22,585 SF of retail, as per 1985 Development Order. The
equivalency matrix, presented in Table 1, was developed to provide for the
exchange of Brickell Square Phase II & III proposed land uses of retail, office,
hotel and multi -family residential, while keeping the traffic impact of the
development unchanged. Limitations of potable water and sewer and solid
waste. should also be considered. The equivalency matrix is based on net
external peak -direction P.M. project peak -hour traffic. Details of Brickell Square
Phase II & III external P.M. peak -hour traffic by land use are summarized in Table
2.
554
0 - 0
Table 1: Brickell Square Phase II & III Equivalency Matrixf>>
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 per
0.363 ksf office
---
2.302 DUs
(Rooms)
room
per room
per room
Residential
0.059 ksf retail per
0.158 ksf office
0.434 rooms
---
(DU)
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 potable 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 = 183.35Rsf; Reduce office by 183.357ksf.
Add 50.000ksf retail by reducing office
50.000 ksf divided by 0.374 = 133.69*sf; Reduce office by 133.695ksf.
Convert 80.000ksf 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.
qK I . 07- 5541
11
Table 2: Brickell Square Phase II & III Trip Generation by Land Use
PM Peak
Internal
Pass -By
Transit
External
ITE
Hour Trips
Trips
Trips
Trips
PM Peak
Size
Cod
Hour
e
1�)
Trips(')
Land Use
In(3)
Out(3)
In
Out
In
Out
In
Out
In
Out
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
(10%,0%,5%)j2i
(SF)
Hotel
1,400
310
516
440
52
44
0
0
26
22
439
374
(10%,0%,5%)
(Room)
Multi -Family
1,000
232
222
136
22
14
0
0
11
7
189
116
Residential
(DU)
(10%,0%,5%)
(1) ITE Trip Generation Manual, !� Edition, 1991.
(2) (10%,0%,5%): 10 percent internalization factor, 0 percent passer-by and 5 percent transit.
(3) Percent in/out as per the ITE Trip Generation Manual,t5Edition, 1991.
(4) Net external PM peak hour trips = PM peak hour trips = (internal trips + pass -by trips + transit trips)
f:\eng\trans...\brickrvr\ftex_2.wpd
APPENDIX C
INFRASTRUCTURE
Y
Table C- 1
BRICKELL SQUARE 1985 DEVELOPMENT ORDER INFRASTRUCTURE DEMAND
LAND
INTENSITY GENERATION UNIT OF DEMAND
TOTAL
WATER
WASTEWATER
SOLID WASTE EMPLOYEES
USES
RATE
DEMAND
DEMAND
DEMAND
DEMAND
RETAIL
Water 22,285
Sq. f1. 50.00 Gallons per day per 1,000 square fool
(1)
1,114
Wastewater
50.00 Gallons per day per 1,000 square fool
(1)
1,114
Solid Waste
8.59 lbs. per 1,000 sq. ft. per day
(2)
191
Employees
1.82 Employees per 1,000 sq. ft. gross floor area
(3)
41
Demand Subtotal
1,114 1.114 191 41
OFFICE
Water 892.507
Sq. ft. 100.00 Gallons per day per 1,000 square fool
89.251
Wastewater
100.00 Gallons per day per 1,000 squaro foot
89,251
Solid Waste
7.10 Ib. per 1,000*sq. ft. per day
6.337
Employees
3.29 Employees per 1,000 sq. ft. gross floor aroa
2,936
Demand Subtotal
89,251 89.251 6.337 2,936
90,365 90,365 6,528 2,977
TOTAL DEMAND
Source:
1
Miami -Dade Water and Sewer Department
2
Metro -Dade Solid Waste Management Department
3
ITE Trip Generation Manual, 51h Edition, 1991
Table C-2
Brickell Square
Maximum Demand - Flexible Development Program
1997
L RANGE DEMAND DEMAND SOLID WASTE DEMAND r w �cJl
Retail 0 - 22,285 sq. ft.
Office 0 - 892,507 sq. (I.
Hotel 1.100 rooms
Condominium 500 units
Maximum Demand 206,600 206,600 10,509 960
TOTAL MAXIMUM DEMAND 206.600 206 600 10,509 960
CD
oQ
1
0
® AFFIDAVIT 0
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared -
Lucia A. Dougherty who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 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 represents, if any, have given their full
and complete permission for his to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accoapanying
petition.
?. That the pages attached hereto and made a part of this affidavit
contain the current nacres, sailing addresses, phone nuabers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents subiitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(SEAL)
(N) Lucia A. Dougherty
Sworn to and Subscribed before se
th i 2 day of May 1997. LO-TAR�'
AL NOTARY SEAL
E FRIFS�ER PARR i
STarF OF FLOR' _-- —
Notary Public, State.of Florida at Large
My Commission Expires:
LJ 110ff
i ® OWNER'S LIST
Owner's MW Equitable Life Assurance Society of the United States
Mailing Address C/O Mr. David McKenna - 3424 Peachtree Road, N.E. Suite 300 Atlanta Ga. 30326
Telephone Number (404) 240-2135
Legal Description: See. attached Exhibit "A"
Owner's Nacre
Mailing Address
Telephone Number _
Legal Description:
Owner's Na*e
Mailing Address
Telephone Number
Legal Description:
Any other real ,estate property owned individually, jointly,. or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
NONE
Street Address Legal Description
Street Address Legal Description
l�l0 97- 5541
• 0
DISCLOSURE OF OWNERSHIP
1- Legal description and street address of subject real property:
845-999 Brickell Avenue, Miami, FL
See attached exhibit "A" i
2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi
Ordinance No. 9419 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 f2 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 ownsthe property
100%. Equitable is a public corporation.
3. Legal description and street address of any real property (a) owned by any Party
listed in answer to question 12, and (b) located within 375 feet of the subject
real property.
NONE
0
OWNER OR ATTORNEY FOR OWNER
Lucia A. Dougherty
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Lucia A. Dougherty , being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question 01,
above; that he has read the foregoing answers and that the same an true and complete;
and (if acting as attorney for owner) that he has authority to xKvte the Disclosure
of Ownership form on behalf of the owner.
(SEAL)
Lucia A. Dougherty
SWORN TO AND SUBSCRIBED aj,
before at this 2nd �2
day of May 1997, ^
Notary Public, Stat of Florida at Large
MY COMMISSION EXPIRES: OFFICIAL NOTARY SEAL
ADRIENNE FRIESNER PARDO
NOTARY PUBLIC 57 E OF FLORIDA
COMMISSION NO CC428765
MY C
OMNvIISSIO\, F' P_ p> C. 2:,1998 )
EXHIBIT "A"
T EG=T• DESCR 7TON =D7 D:_jAS7
rll that portion of Lot 11 except the North 46.73 feet thereof and
Lots 12, and 13, Block 104 South, PMEN-DED MAP OF BRICKELL'S
r.DDITION 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 Pace 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-94613, in Official Records Book 2076 at Pace 441 of
the Public Records of Dade County, Florida, containinc an area of
90,181 scuare 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, i959, filed May 26, 1980, 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 2076 at Page 441 of the Public Records of Dade County,
Florida, containing an area of 37,537 sauare feet more or less.
FTL1-178779
J
i
AMENDED RESOLUTION
97_ 551 123
EXHIBIT "An
J-96-238 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. 89-255, adopted
April 17, 1989, the City Commission amended the timing of the
project by changing the commencement of Phase II to
ATTACHMENT (S)
CONTAINED
CITY COMESSION
MEETING OF
APR 2 5 1996
Resolution No..
97- 554 12s'
November, 19910hase III to June, 1995, �d completion of the
entire project to 1993 from June 1987 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 19.96 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 -
Department of�ommunity Affairs, the S h Florida .Regional
Planning Council, and the City of Miami; and
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 cf
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
3 -
9- 5
a- 12.7
September 24, 2, and Resolution No. 9408, adopted July 26,
-0 .
1994, of the Brickell Square Project, and attached hereto as a
part of Composite Exhibit "A" of this Resolution, is hereby
amended as follows:I/
ry
DEVELOPMENT ORDER
AND
MAJOR USE SPECIAL PERMIT
BRICKELL SQUARE: PHASES II AND III
#
#
#
FINDINGS OF FACT WITH MODIFICATIONS
#
THE CITY SHALL:
#
EXHIBIT A
27. In 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.a 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).
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,
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.
ml�
128
97- 554.
reguions or plans applicable 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 toa 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.
- 5 -
01- 554 12�
Section 6.10 This Resolution shal(p become' effective
forty-six (46) days from the date of adoption thereof.
PASSED AND ADOPTED this 25th day of 1pri 1 , 1996.
ATTEST:
Q�wImo/ yt,ti�
WALTER J
CITY CLERK
PREPARED AND APPROVED BY:
14f 50 71 ; -4 /14 ZZ/
FP
L E. MAXWE?GLUTY CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
h
A. .QVINN ArOPMS, II
CITY TTY
W690.DOC:BSS
CZ
wio
��—• �
STEPAN P. CLERK, MAYOR
[730
554
N44fication of a ProposeVChange
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 33302-4076
COMPOSITE EXHIBIT "A" �
-2
5.7.- 554 1,22
STATE OF FLORS
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF RESOURCE MANAGEMENT
2740 Centerview Drive.
Tallahassee, Florida 32399
( 904 ) 4.88-4925
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 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.
Ivlarck 1 . 101 q 6
(Date)
1
(Signat"A
ure)
i3z
qj= 554
2.
Applicant (name,
address, phone).
3
Equitable Life Assurance Society of The United States
1150 Lake Hearn Drive
Suite 400
Atlanta, GA 30342
(404) 848-8625 - Thomas Kennedy
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. 8.5-1060,
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.
2
97- 554 /�,3
7. List allothe dates and resolutilp 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. 8S-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
"1 �% 554
(Ph s I, II.and,Ill) as a Phase*roject 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 Bri.ckell 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
(40%) . (cumulatively with other previous changes) of any of the
criteria listed in Paragraph 3.80.06(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 a2 change to the completion date.
11. Will the proposed change require an amendment to the local
- government comprehensive plan?
4
No. 0
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
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 Mai►-,-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
97-- 55a
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 MIA MI, 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. 60R-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. 60R-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
554
t
ir"ITY OP
J-94-600 4 AUG -4 PH 2- 18
7/26/94 9 4- 5 9 7 .: ;,►,:, ;..
RESOLUTION NO.
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 380.06, 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; MAE NG
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. 63-695, 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 Brickell 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 (-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 16. 1994. the Applicant filed a
Notification of a Proposed Change to a Previously Approved
97 =
Q�7e' CS?i1�.iSIQ!!�
jut z
s�aati��.
94- 597
95-
-290
5 � 1-31
•
•
TER APPLICANT BEALL
28. The Applicant Shall give notice to Rtubsrd P.
8rtnker Harvey Ruvin, Clerk. Dade County Circuit Court.
73 West Flagler Street. Miami. Florida. 33103, for
recording in the Offioial. Records of Dade County.
Florida, as follows:
(4o
97- 5, ,4
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 801-0"
Brickell Avenue, being
a
ISO
-sue
„-.
-
.._ •
97-- 554
•
•
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 801-0"
Briokell Avenue, being
-
-
n : • • -
` .awn
••• •
G
i
-•u
• • •
zz
l��
11OR
:)fF @lei Wol 110 4 t
WTI
40
9 0
•
•
Section 3.
CONCLUSIONS OF LAW
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 Reoommeadations
of the South Florida Regional Planning Council.
Section 4. Upon full execution, this Resolution shall be
transmitted to the Developer -Applicant, LUCIA A. DOUGHERTY',
r
r
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 Hollywood
Boulevard, Suite 140, Hollywood. Florida 33021; and No. Linda L.
Shelley, Seoretary, Florida Department of Community Affairs, 2740
Centerview Drive. Tallahassee, Florida 32399.
-10-
97- 554
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. KAXWEa
DEPUTY CITY ATTORNEY
M4481/JEM/mis/csk/b86
....•i- -
APPROVED AS TO FORM AND
CORRECTNESS:
fog, I
A. QUINN J S. I
CITY ATTO
J-94-601
7/26/94 qq
4
RESOLUTION Nd 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-M Brickell Avenue.
Miami. Florida, ('Projeot'); and
vHEREAS, 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, respeotively;
cm COMMSION
NEETINC OF
97- 554
County, Florida, and in that certain deed,
dated December 16, 1959, filed on May 16,
1960 under Clerk's File No. 80R-94813, in
Official Records Book 2076 at page 441 of the
Public Records of Dade County, Florida,
containing an area of 91,299 90.181 square
feet more or less.
LEGAL DESCRIPTION
FOR PHASE III
All that portion of Lot 10 except the North
Zt-r@ 39.30 feet thereof and. the North 4a-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 Boor '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
purposes, said right-of-vay being more
particularly described in that certain deed
dated November 18, 1989, filed May 26. 1960.
is 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. 1060 under Clerk's
File No. 6OR-94813. in Official Records Book
-dr
IµS
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 PATH •MODIFTQATIOWS
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,
ANIVOR ASSIGNS JOINTLY OR SEVERABLY WILL:
s s s s
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
(0) is consistent with the Report and Recommendations
of the South Florida Regional Planning Counoil.
Section 4. -Upon full execution, this Resolution shall be
transmitted ;to the Developer-Applioant, LUCIA A. DOUGHERTY,
authorized representative of EQUITABLE ASSML43CE SOCIETY OF THE
UNITED STATES, whose address is 801 Brickell Avenue, Suite 808,
Miami, Florida 33131; No. Carolyn Dekle, Executive Director,
South Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida 33021; and No. Linda L.
Shelley, Secretary, Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee. FL 32399.
-7-
Iqo �_�
J-92-221 •
7/6/92
-RESOLUTION NO. 9 2 597
A RESOLUTION, WITH ATTACHMENTS, ALMENDING A
PREVIOUSLY APPROVED DEVELOPI.2FT ORDER
(RESOLUTION 85-1060, ADOPTED OCTOBER 10,
19.85, AS AMENDED BY RESOLUTION 89-410,
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 CONDITION 27 OF SAID
DEVELOPMENT ORDER BY CHANGING THE
COMMENCEMENT OF 'PHASE. II TO MAY, 1996 AND
PROVIDING FOR A COMPLETION DATE Os 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 DUNE 1995, AND 1997,
RESPECTIVELY); BY REVISING FIGUFZ 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 ASSUF.uCE SOCIETY
OF THE UNITED STATES; BY AMENDIN3 CONDITION 1
TO PROVIDE THAT THE'MAXIMUM NUMBER OF ONSITE
PARKING SPACES SHALL NOT EXCEED 1,622; BY
AMENDING AND EXTENDING THE MA.710R USE SPECIAL
PERMIT IDENTICALLY; FURTHER FINDING AND
CONFIRMING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION AS WELL AS
ADDITIONAL FINDINGS, AND INCOiR2CRATING 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, Octcloer. 10, 1985, -he City
Commission issued. a. Development Order and Major Use Special
Permit for the Brickell Square Phase II and III Project• located
t:T T A C 14 A. -I �::T (S)
CONTAIRED
CTIY COMMISSION
MEETU%lc OF
SEP 2 4 1992
Rew1utim No.
92- 597
97- 554 151
at 845-999 Bri*l Avenue, a Developmenof 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 19003- 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 Ccmmunity
Affairs, the South Florida Regional.Plannin-* 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
WHEREAS, tproject is4part of the of the Downtown
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, 1992, Item
No. 3, recommended APPROVAL of the time extension inn -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 Ord4pr 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, 1965 as amended by Resolution 89-410, dated A;:ril 17,
-3- 9 2 -
9T= 55d
a97
96- 294
153
1989 (attached)oe Development Order and 9e Major Use Special
Permit for the Brickell Square Project Phases II and III Project
is hereby amended in the following respects; —
FINDINGS OF FACT WITH MODIFIU.TIONS
* : t
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 sat forth in .he
Brickell Square Parking Analysis.
THE CITY SHALL:
w
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 Neveinbezf
May, 1996, Phase III shall commence in acne,
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 aid remain unchanged.
Asterisks indicate omitted and unchanged material.
0
� � 554
December, 999 and the project shaliene 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 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 Frickell '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 Rey, Miami, Florida
'33133.
d. That the Development Order constitutes a land
development regulation applicable to the property;
-5= 9 2 - 5 57
96- 290
9 554 ��
that 91e conditions contained i9his 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 sane.
This Development Order shall be considered null
and void Beeember-W,f--96 December 31, 2001,
unless actual construction work, excluding grading
or excavating, is substantially under way on that
date.
CONCLUSIONS OF LAW
The Brickell Square Project Phases II and :=2,
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 e.jectives of the
.1
adopted State Land Development Plan rpplicable to the
City of Miami; and
The proposed development is gene ally consistent
with the Report and Recommer&a'_ ons of the So::th
Florida Regional Planning Council and does not
- 6-
l5�
unreasonab interfere with any of to 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-asaumed 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 cop,
of this Resolution Lucia A. Dougherty; Greenberg, Traurig,
Hoffman, Lipoff, Rosen and Quentel, 1221 Brickell Avenue, Miami,
Florida 33131; Carolyn Dekle, Executive Director, South 'Florida
Regional Planning Council, 3440 Hollywood Boulevard, Sc::e'140,
-7 52- 597
290
9 = 554 15-7
Hollywood, Flori'll.0.33021, and Randall Kelly AS s; istant' Secreta
Florida Department of CommunityAffairs, 2740 Centerview Drive,
Tallahassee, Florida 32399.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24,th day of �n+A ,A,- _ , 1992 .
ATT
MATTTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
--sz
LINDA KELLY KEAPSON
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
At QUI N ES, III
City Att ey
LKK/pb/M2851
VIER L. ,SUAREZ,
VIVIR ST tm COU"I'46 fit a I=
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MOWMATO ICItEtb 11 REFEIICI.'#A TK
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FORM& KGIIMM "JMIWo ISM It. ATTACIED
1EVITO AS ItINIT17 .6$611 INCLUSIVE, on
MOPMain Kutlk III fIfftret; vulva
L f IIMIIGS : M41011r, "N' TK PMII SMLL U
211011r, am Im hpvLmAIIT M SICC(sSan
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Amflicelem for Of"Itowst Awroval ler 4 Develwomerrt of "IsRel to
6jS
tSFlorida wevanal plumist ch, '41 "Masn't to sec"40 vmo-iG
4'tieeev,
staters. sad Of ft%vtve a fews"610 vw� -atism Ior -w-prowd de"I
.
and a set for 4p Oe Itsport AM Iscewo"Sis of cc
Taft-
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A WAMCAS, Ift INSM
S41ptaftOT 4, IUS. ffillovial w advertised **Me$. aswted I "Oftion we. rks
41-In Ow 0 1 to 0. meNbj wpiwe with Awfu"I"s if** Omlowt
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41
at", Akbe c1livemAlss" it 4kilsj w
at ii'coti�,r
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4 :1
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ISSION OF IM CITY low. twat It--WSMWB 1I TW 46 4F.-IUMI
A.- -
4L
v lie lou LT
.94 "t-
1. Ift f 0 ap of fact *T:wo WOM YOWKt to '4610
�Af
•It
.8. nw Cominion has Volte""Red that tole #rojoct Is I* COO* oir
vi th t1w od" ed Mao C=pr~sive w000ftood plan.
a. Tbe zowssion ales determined that "w project Is 40 accord wit%
tole district tomi"I classfffcotleft of Zealot Dreamt lido.'
C. the city Caftissieft 0444% that Vo *reject Would lot C"ote,
.1 .4
adverse ispact an air Owality. JrwRd water. tolls. Wall life.
orgetation. waste wafer Se"Ove—nt or solid waste disoosal. and
fortor flail that It lgftld,%SVI * &Aftr Of POSWWO 400CU
4"Clovel:
Ut
to* emu of construction of Moses It OW ttt will -Uul
opproolutely 1116. ofillion wed p"I" ft a -"Ul of I'M'
owl"ves. Appevai"tely 271 w 1101,127"0" UnI be West
V is at Moso. -porwMA"t solarnext so vowok 1,749. silk
2,9" miss relocated f1w fAtoto too #"a. ad ?w oftly
created jobs.' In "timted W4 011114e 4MId floves"t.-
-volve cdded to to* rwonal scwww.
anoodl Awplas 1W VW 2. OPIUM 4611aft ft.
f - gn
or.
• f C,
for 118* CAMty. "IM.ni fir ait L-60 1"A"Acut.
Rio Sam nsM* %nor VAWpmt 61iiiiict
as i V
51;
Sid SM441 40stricts CMiAft1h:1L 10r.:;ij
ftivis ad 81 PCd% CH410 OMAd of MPI 00— &F
IF
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44", "ad wo -ftir%l" of 85
4f
I. oaf% fro &-a I -*Von Ai• v
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97" 54
1!4 Clay owalea also #left wt. } '
toli Ciao ` `_ . .. ',�• ' "�t .��•a:• � +}'�. iM' . i'i.'i .,( •+ �!: �'G� f•' �
421 .Ar vraject 4411-,Wftetaatll ,on ll Nilert-tiw
aMejK lfraeall atfeR_ tAf !fa tor -*mu
: -+` 1" ♦gad "Mmete awst, a"taAftly 'aceassille q pei► ►1uf ` :'' "t% ";
+ !a1 T1ir eft r11!' iff •^�? letentllr �' s+ae +rrcusea' matte:'. • - _ :� ,,: � -
`1 rasalitha; aM
r
(61 Turf paleet will MR a'falowt on Via "Vir" oat
T aM Usti" I ""Drees of )fie city: dad-
.;y; ISI T" project drill eat adve.sel' affect living pwlttofs 1a
tltlt V* me 1100 tm ; ad
tT) Tie pvject .tale toe! adverse)' effect bell, safety; fed :f s
hat tyre Is a PA11C.Offd for tie project. t
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9-?0-SS
•
RESOI&N NO. 6.r..'' 06Q
A RESOLUT HE BRICKELL SOUARE
PROJECT III )(MORE PARTICULARLY
DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL
IMPACT PROPOSED BY TISHMAN-SPEYER/EQUITABLE
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.
SFR. PC
Nov 20 1985
WHEREAS, Tishman-Speyer/Equitable Joint Venture has submitted a complete
Application for Development Approval fora 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 Mimi Planning Advisory Board, at its meeting held an
September 4, 1985, following an advertised hearing. adopted Resolution No. P,1'
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 requiremen*%
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 COMICSSION
:
MEETING OF
Aj i
OCT0 1985
1
4 r, - . -1 -
0
95- 290
9�- 554 1(03
WHEREAS, the City Commission has noted with approval that Tishman-
• Speyer/Equitable Joint Venture has red to contribute the sun of S1,120,908
to the City's Housing Trust FunO, build approximately 42.030 GSF of
affordable housing, pursuant to Section 1556.2.2 of the City's Zoning Code.
NOW, THEREFORE, 3E IT RESOLVED AY THE CO►F-SSION OF.THE CITY OF M AF-1:,
FLORIDA:
FINDINGS OF FACT
Section I. TWe 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 e73 or S101,137.085 will be spent
in the region. Permanent employment may reach 2,749, witr
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 taxing
jurisdictions with approximately 999,311 for Miami,
S03.821 for Dade County. S753,715 for the School District,
and S41,745 for the South Florida Water Management District
and special districts combirled.
(3) Access and circulation should be improved by the applica--s
fair share contribution toward a southbound left turn la•;
and signalization at Brickell Avenue/S. E. 10 Strut, t►.
closing of the median opening at Brickell Avenue a"':
An�assador Drive, and the restriping of S. W. a St-ect
from S. W. 2 Avenue to S. W.' 3 Avenue, for a fair s►c-z
total of S:22,407.
Ci
"j— 5 S L
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 trars;,ortaticn
facilities; and
(3) The project will favorably affect the need for peoplo tc
find adequate housing reasonably accessible to their places
of employment; i^i
(4) The 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 Brickell Square Project Phases I1 and III, a Developmert cf
Regional Impact, proposed by Tishman-Speyer/Equitable Joint Venture, fo-
approximately 845-999 Brickell Avenue (legal description on file ri!h. ins -
Department of Planning and Zoning Boards Administration), be and the sa^c is
hereby granted and issued.
Section 3. The Consolidated Application for Development Ap;-;v;' =s
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 38O.0E, Florida Statutes and local ordinances. Substant4a'
compliance with the representations contained in the Application f:r
Development Approval is a condition for approval unless waived or motifi:=
agreement among the Council, City and Applicant, its successors and'o- as
jointly and severably.
Section 4. The Report and Recommendations of the South Flcric:: :i-•.
Planning Council, attached hereto as Exhibit "B" are incorporates "--
reference.
Section 5. The development order, as approve!, shall bf b4^d`
aW icants and any successors in interest.
f
96- 290
• .97- 5541 ���
® Section 5. The City Clerk -hereby 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 Nc'lywoo� Boulevard, Suite* 140, Hollywco
Florida 33021; and Tishman-Speyer/Equitable Joint Venture, c/o Tishman Spey�e
Properties, 777 Brickell Avenue, Miami, Florida 3?131.
Section 7. The recitals of fact referred to in the herein "whercas"
clauses are true and correct and made a part thereof.
PASSED AND ADOPTED this loth day of OCTOBEr. 1925.
PREPARED AND APPROVED BY:
ULL E. MA
AS STANT CITY ATT NEY
^LAL':2I�E A.. FER�r
ii-
APPROVED AS TO !; AND
CORRECTNESS:
CITY ATT .qEY
lr —
_4_ v Fr _ 1 _•�
11
IF]
EXHi3IT "A"
ATTACHMENT TC
RESOLUTION \ �.
OCTOBER 10,_�
DEYELOPMEP:T ORDER
AND
MAJOR USE SPECIAL PERMIT:
BRICKEIL 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, 1995; the issuance of a
Development Order for a Development of Regional Impact pursuant to Section
300.06 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 feet thereof and
Lots 12 and 13, Block 104 South, -AMENDED MAP OF BRICKELL'S ADDITIO!:
TO MIAMI, according to the plat thereof recorded in Plat Book "B" at
Pace 113 of the Public Records of Dade County, Florida, lying.wes.
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 15. 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 thereof a -.-
the North 43.29 feet of Lot 11. Block 104 South, AMENOE:. M-
BRICKEL_'S ADDITION TO MIAM1, according to the plat thereof r�
in Plat Book "B" at Page 113 of the public Records of Dad=
lorida, lying west of the right-of-way, being .-c pa-ti:ula-'!
des:ribed in that certain deed dated N;vonbv 11, 1959, filed Mzy
.1. Of.71 , .,
97 551
f
35- 290
26, 1960 in Official Records Book 2076 at Page 435 of the Public
® Records of Dade County, Flori d in that certain deed, dated '
December 16, 1959, filed on May 1b, 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 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 8/15/35, for
phases II and III.
Phase II. south tower - 29 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
10S.000 GSF of parking area
Loading Area
5.000 GSF for 9 berths
For Three Phases
Oper sp::e - 161.794 gsf
Pedestrian open space- 86,792 gsf
Plaza - 55,550 gsf
Parking - 1,791 spaces
9 levels (above
and below grade) 1.11. t.
•
•
' Tile project is furaw limited Or the following Considerations:
•Tie amlicable provisions and precederes of Via City of M14mi. dM
development plans submitted by Skidmore. Owings ono Merrill. datd
April 17. INS, revisd My 11. 1101. July 1. 110. July a. INS.
•ae Augat 12. INS for Tlsbno•Spsysr ►repartees - Irictell Avenue
Miami.
74 dovelsem n as proposed dome not unreasonably interfore via tiia
"Movement of at sojeetivem of state lade development guidelines. or $tams
amlicable at City of Rind.
Tea eaveieptdnt as orwmsed is Consists" via local su"Vision and platting
requirements.
The smispant as $roped is cosistens via as summary and roc�ttons
Centaimet in at ODMIS sent of 1e11eM1 IsgpM Assessmdnt for IMCkell
Sean Develop mene of Iegiaal imw%o lb. U.12. dead July. 1911 srsand by
too soma Florida ""am nai iing Council.
Tut Oftswu as defined Iseemately drove. -mess sae reltinmaita for tM
issaiem of a Otvels$meme area pertaining to a omlapmwt of lle/ional Impact
as reovir" voider F.S. =.a$.
issumncs of sit veer use Special permit moss at requirarmnta of Ordisann
911n. me Zm " Ormom" of as Ci14 of Rtamei.
Tit AFfLICAR. lei SIB. AWJ= AWN= 40mmi a SivW&'r e1Lu
1. Imeorftrtto as following tots We "ect deeivi and eo~" v misielts
as clendative Igect of prtttat traffic. and its Ass dated polleait
mossions. or air quality ad ONWIr wane
't)esi*iatq five pares" of eenitm partial joem. located as Close as
owlble to elevator ae eel late/ atranca, for eaeiusive w' w' ..oeaei
'Actively anealrage and premott car mad van 90611n1 sy estaotisain/ a car
peed innfermstif program. and Waring preferred parting woos and wwt
Soule U Car ad wen Palo".
74.
.I.
IN
96- 290
9�..,- �� 1(07
,�„u� -• , •c.•�uua, nc�wnu�r. onu �,nurzie sery1ce route and
schedule information in convenien locations throughout the project. '
Promote staggered flex -tine wol edules, 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 storrn+ater 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 DEAN 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
a•�1
.a_ ?V8
a a recycier or
a waste exchange operation.
Notify any tenant generating les of the penalties for improper disposal
of hazardous waste pursuant to Section 403.727, Flo-ida Statutes.
Allow reasonable access to facilities for monitoring by the City, Dade
County GERM, and Florida DER to assure compliance with this Developme-it
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 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 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.
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 issuance of any certificates of occupancy.
E ;-1C?c;G
96- 290
97= 554 171
0
and indirect sunlight where possible.
'Hot water temperatures set abelow IOSOF where allowed by health codes
and equipment requirements.
'Lavatory water fl,v 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 1II.
'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
squark feet of development on -site, including Phase I devetupment; or fund,
bond. or provide a letter of credit for $130,000 (1985 dollars) to the City
for construe*ion gf Shtke improvements.
14. Prior to issuance of final certificates of occuoancy for more than 500,000.
gross square feet on -site, including Phase I development. fund, bond, or
provide a letter of credit for S4,3S8 (1985 dollars) for construction of
.7.
9. Collaborate with the Police Department to incorporate security measures and
systems into the design and ope0 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 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 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 ceilings.
'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 El:. - Ii
0
95- 290
other transportation ircrovementS to be determined by the City in the
traffic impact area Exhibit 5,0 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 S196,200 (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• tq the County shall be credited against the special
taxing district assessments.
16. Incorporate into the route and schedule information required by Condition 1
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 11 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. Integrate 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
fflw�_ �wtai
1-74
�
Department of Community Affairs within ninety (90) days of the effective
date of this Development Order. 0CADA 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 00, 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
Community 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 ORI Assessment, page 82) and
included herein by reference, any other information required by Section
380.060 4)(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 commments 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 Mimi a certification that the requirements of the
.9. 312 �;G
95- 290
9' - 5 175'
Offsite Affordable Housing bonus provisions per Section 155F.2.2.
Ordinance 9500, have been met 0e 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, including 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 an 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 ADA 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 (OR:
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 29 below
that this Development. Order runs with the land, and its terms and
conditions are binding an the Applicant, its successors, and!or assigns.
1-797- Sol
26. Require that the annual report be submitted to the Council, City, and
Department of Community Affairs0) on the anniversary of the effective
date of the Development Order. he 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 DCA 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 t0 receive this repot 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 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
9�- 290
9 554 177
constitute a lien, cloud
o umbrance
on real property, nor actual
nor constructive notice
of0- of the
same. This development order
shall be considered null
and void by December of 1996, unless actual
construction work, excluding grading or
excavating, 15 substantially
under way on that date.
29. Mork 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 I tatutes, notwithstanding City zoning approvals which may
be required.
1.iN ,f%
1�9 97- 554
J-89-255
4/17/89
RESOLUTISO. q9-410.•
A RESOLUTION, WITH ATTACHMENT, AMENDING A
PREVIOUSLY APPROVED DEVELOPMENT ORDER
(RESOLUTION 85-1060: OCTOBER 10, 98
A�FOR THE BRICKELL SQUARE HASES II
ANO 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 1991;
PHASE III TO JUNE .199S, 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.
1988), AND THAT•SAID CHANGES ARE NOT PART OF
THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND
1149: DECEMBER 10, 1987): INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAW: DIRECTING THE
CITY CLEAR 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 Brickel7 Avenue, a Development of Regional Impact,
pursuant to Chapter 380. P.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
.0
w. a
9 ,7
CITY COMMISSION
MEETING OF
APR 27 )9e9
RESM&R= as - 9-
w
V
96- 290
17?
WHEREAS, on February 9989, the applicant applied for an
amendment to the previously-assued 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; dated 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:!/
FINDINGS OF FACT WITH MODIFICATIONS
THE CITY SBALL:
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
!/ 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-
R9-41(%
ISO 97= 554
information, is submi to the Council, City, and
state and an Amended evelopment 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, 1002P 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 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 such
development does not exceed 9500000 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.
r r :
27. Incorporate into the Development Order for
Brickell Square a timalino 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 data*. For purposes of this
timeline, Phase II shall commence in November, 1991,
Phase III shall commence in June. 1995 and the proiect
shall be completed in 1997. All other conditions shall
be in accordance with the schedule provided in the
timeline (figure 1).
-3- 89-410 .
n
95- 290
9 7 - 554 �g�
CONCLUSIONS OF LAN
The Brickell Square Project, croposed 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
TAe croposed 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
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 1149: December 10,
1987).
-4-
89-41(
Section 4. This Resolution shall b! transmitted to
• Lucia A. Dougherty; Greenber*raurig, Hoffman, Lipoff, Rosen
and Ouentel, 1221 Brickell Avenue, Miami, PL 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 Aoril 1989.
XAVIER UARE2, MAYOR
ATTEST:
?TATTY HIRAI, CITY CLERIC
PREPARED AND APPROVED BY:
ST .0
L E. MAXWELL
IyEPASSISTANT CITY ATTORNEY
C
APPROVED AS TO PORN AND
CORRECTNESS:
JO E L. PE ANDEt
CITY ATTORN
JEM/d/db/N974
5- 89-410...
95- 290
.10
Angela George
!PNLE ) ARPS PROPERT STEM - PROPERTY
NAME / LEGAL
IN UIRY (32)
DATE:
06/23/1997 15:47:06
FOLIO NO: 01-4121-152-0001 LEGAL ADDR:
GRP FOLIO: !4121152003G] PROP ADDR: 3156
VIRGINIA ST
CANCELED: NO ORIGIN: DC LEDGER PRESENT:
YES ST EX: 63
00
OWNER NAME AND ADDRESS
VALUE HISTORY
REFERENCE ONLY YEAR:
1995
1996
LAND:
0
0
BLDG:
0
0
TOTAL:
0
0
ZIP: HEX:
0
0
WVDS:
0
0
LEGAL DESCRIPTION TOTEX:
0
0
THE ORANGE GROVE CONDO DESC NONEX:
0
0
ORANGE POUNDS SUB PENT HOMESTEAD GRSS TX:
PB 3-34 LOTS 41 & 42 LESS THE CNTY TX:
W59FT & ALL OF LOTS 39 & 40 CITY TX:
SALE AMT:
SALE DATE:
SALE TYPE:
NEXT FOLIO KEY: NEXT ADDRESS KEY:
!41211520001)
ACTION: 1-CONTINUE
ACTION: [01]
XMIT: [ ]
Window ARPSWIN/1 at PRODUCTION
4 22
Pg=1 FORM RCV LTAI.
ate: 6/23/97 Time: 3:48:04PM
97- 554
g57
Angela George
!BLU1 ] ARPS PROPERT*STEM - BUILDING LEDGER UPDATE & 1 (21)
FOLIO: !412115200011 / !0000]
CONDO: [N] CUST NO: 418494
ADDRESS: [3156] [ ] [VIRGINIA
] [ST ]
APT: [ ] ZIP+4: [0000]
!19970623155039761
BUILDING SPECIFICATIONS
ZONING
FLOORS: [001] BLDG HEIGHT:
[0000]
HP: [N]
SQFT(1): [00000001 LIVG UNITS:
(0010]
VARIANCE: [Y]
SQFT(2): [00000001 MAX CAP:
[0000001
SPL EXCEP: [Y]
IMP AREA: [ ] VAC STATUS:
[OC]
MAJOR USE: [N]
RECERT DATE: [000000] CONDITION:
[1]
SPL PERMIT: [N]
DEMO DATE: (000000001 CONST TYPE:
[CBS]
COVENANTS: [N]
ROOF TYPE:
[ ]
PRK.REQ: [0000]
ROOF SQFT:
[0000001
PRK PVD: [0000]
BUILDING USE INFORMATION
USE CD(1): [003] MULTI FAMILY
OCC(1): H
USE CD(2): ( ]
OCC(2):
SETBACKS (FR): [ ] (RE): [ ]
(SI): [
] (SS): [ ]
LAST
MAINT DATE:
07/24/1996 BY: 266250286
NEXT FOLIO:
NEXT ADDRESS: [ J [ ] [
]
( ] APT: [ ]
ACTION: 1-CONTINUE 2-UPDATE
ACTION: [02]
XMIT: [ ]
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18 21 Pg=1 FORM RCV LTAI
Date: 6/23/97 Time: 3:51:33PM
��- 554
Angela George
! LFIQ] T Y O F M I A M I
*RPS PROPERTY SYSTEM is
LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001]
FOLIO [412115200011
ADDRESS [3156] [ ] [VIRGINIA ] [ST ] UNIT [ ]
LEGAL: 1) THE ORANGE GROVE CONDO DESC 4) W59FT & ALL OF LOTS 39 & 40
2) ORANGE POUNDS SUB PENT HOMESTEAD 5)
3) PB 3-34 LOTS 41 & 42 LESS THE
LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE
SW1994 AL10 CERT(A/R) 12/20/1995 418494-00219409 272.60
SELECT ACTION:
1-INQ
NO MORE RECORDS
TRANSACTION REJECTED: NO TRANCODE
Date: 6/23/97 Time: 3:53:01PM
ENTER ACTION [1 )
XMIT [ ]
9 6 Pg=1 FORM RCV LTAI
97- 554 1(07
Angela George
!PPCL ] ARPS PROPE* SYSTEM - PROPERTY PARCEL INQU(33)
DATE: 0.,,23/1997 15:47:38
FOLIO NO:
01-4121-152-0001
LEGAL ADDR:
GRP';FOLIO:
!4121152003G]
PROP ADDR:
3156 VIRGINIA ST
REF FOLIO:
CANCELED: N
ORIGIN: DC
SANB VOL/PG: 0/000 PLAT BK/PG: /
BLOCK:
LOT: LEDGER: YES
DADE COUNTY
DATA
ZONING
CLUC: 00
REFERENCE ONLY
PRIMARY:
R2
SLUC: 00
YEAR BUILT:
0000
SD1:
DC PRIMARY
ZONE: 5700
LOT SIZE:
0000000.00 SQ FT
SD2:
DC SECONDY
ZONE: 0000
ADJ SQFTG:
0
EPD:
N
CHANGE DATE: 01/01/1997
EXTRA FEA:
NO XFEA
HISTORIC:
N
CONDO UNIT:
BEDROOMS:
000000
FIRE ZONE:
3A
OWNERS:
00
BATHS:
00000
DDRI:
N
OWNER CHG:
01/18/1994
1/2 BATHS:
0000
SEOPWDRI:
N
MAIL ADDR CHG:
01/18/1994
NO. FLOORS:
00
SC CORR:
N
LAST MAINT
DT: 00/00/0000
LIV UNITS:
0000
PED PATH:
N
LAST MAINT
BY: 000000000
OMNI TD:
N
DDA DIST:
N
NEXT FOLIO
KEY: NEXT ADDRESS KEY:
!41211520001]
ACTION: 1-CONTINUE ACTION• (O1]
Window ARPSWIN/1 at PRODUCTION
Date: 6/23/97 Time: 3:48:34PM
XMIT: ( ]
4 22 Pg=1 FORM RCV LTAI
97- 554
DADE COUNTY PUBLIC SCHOOLS
SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132
Roger C. Cuevas
Superintendent of Schools
July 16, 1997
Mr. David Dahlstrom
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, Florida 33021
Re: Brickell Square DRI
S.E. 8 Street and Brickell Avenue
Northeast corner of N.W. 154 Street and N.W. 87 Avenue
Dear Mr. Dahlstrom:
Dade County School Board
Dr. Solomon C. Stinson, Chair
Mr. Demetrio Perez, Jr., Vice Chair
Mr. G. Holmes Braddock
Mr. Renier Diaz de la Portilla
Ms. Perla Tabares Hantman
Ms. Betsy H. Kaplan
Dr. Michael M. Krop
Mrs. Manty Sabates Morse
Ms. Frederica S. Wilson
Pursuant to the requirements of Florida Statute 235.193 (2), attached please find Dade County
Public Schools (DCPS) review of impact for the above referenced application. The applicant
is seeking approval of a modification of the DRI development order to allow two additional land
uses (multifamily and hotel). The proposed application of 1000 multifamily units would
generate a school impact of 160 students; 87 elementary school students, 38 middle school
students and 35 senior high school students.
Based on the current school conditions, the students referenced above cannot be absorbed in
existing facilities at this time. All of the schools impacted by this application are experiencing
extremely overcrowded conditions. Due to growth which exceeded projections and zoning
applications previously approved, the district cannot currently determine when public school
facilities will be available to serve this proposed development. DCPS will be happy to discuss
any appropriate mitigation proposals with the applicant. -
I would appreciate if the district school information is made available to the South Florida
Regional Planning Council, Department of Community Affairs and the City of Miami for review.
If you have any questions, please call me at 995-7280.
Sincere ,
Tabitha azzin
Director
TFJc Z —. ---------- -
A:F-455
DADE COUNTY PUBLIC SCHOOLS
Attachments
cc: Dr. Kathryn Wilbur
® TAbiThA FAMNO
Mr. Juan J. Mayol, Jr. DiRECTOR
Ms. Lucia A. Dougherty, Esq.
DEPARTMENT Of DEVELOPMENT ANd GOVERNMENTAL AFFAIRS
1450 N.E. 2Nd AVENUE, SUITE 525
MiAMi, FIORidA 33132
1 (305) 995.7280 — FAx (�05) 99 Vat, t
•
11
SUBJECT PROPERTY:
NUMBER OF
UNITS:
ESTIMATED
STUDENT
POPULATIONS:
ELEMENTARY:
MIDDLE:
SENIOR:
SCHOOL IMPACT REVIEW ANALYSIS
S.E. 8 Street and Brickell Avenue
1000 units
160 students
87
38
35
SCHOOLS SERVING SUBJECT PROPERTY:
ELEMENTARY: Southside Elementary - 45 S.W. 13 Street
MIDDLE: Shenandoah Middle - 1950 S.W. 19 Street
SENIOR HIGH: Miami Senior - 2450 S.W. First Street
SCHOOL UTILIZATION: The October 1996 FTE membership, permanent utilization and
permanent/temporary utilization taking into account new school openings and 1997-98
attendance boundary changes are as follows:
MEMBERSHIP PERMANENT PERMANENT/ PROGRAM*
UTILIZATION TEMPORARY CAPACITY
UTILIZATION UTILIZATION
Southside Elem. 441 216% 126% 222%
Shenandoah Middle 1487 191 % 141 % 1 16%
Miami Sr. 3330 134% 126% 104%
Feeder Pattern: Miami Sr. 168%
*Program capacity utilization is based on the 1996-97 school year. Updated information will be
available subsequent to the opening of the 1997-98 school year.
97- 554
SCHOOL CONDITIONS DUE TO OVERCROWDING:
Southside Elementary:
Lunch periods are held from 10:00 a.m. to 12:30 p.m. in order to accommodate
all students in the cafeteria.
The art, music, and ESOL teachers must float/travel throughout the school.
There are 6 portables located on site.
Non -instructional space is utilized for instructional purposes (i.e., library and
cafeteria).
Vehicular traffic is a serious problem at the facility.
Shenandoah Middle:
Lunch periods are held from 10:45 a.m. to 1:45 p.m. in order to accommodate
all students in the cafeteria.
2 teachers must float/travel throughout the school.
There are 2 portables located on site.
Non -instructional space is utilized for instructional purposes (i.e., auditorium and
library).
Vehicular traffic is a serious problem at the facility.
Miami Senior High:
There are 3 portables located on site.
Non -instructional space is utilized for instructional purposes (i.e., auditorium,
library, and cafeteria).
The math, science, English, ESOL, and P.E. teachers must float/travel
throughout the school.
97- 554
PLANNED RELIEF SCHOOLS IN THE AREA:
School Status Occupancy Date
N/A N/A N/A --
OPERATING COSTS: According to Financial and Legislative Affairs; the average cost
for K-12th grade students amounts to $4,375 per student. The total Annual Operating
Cost for additional students residing in this development, if approved, would total
$700,000.
CAPITAL COSTS: Based on the 1994-95 Educational Facilities Impact Fee Study,
current construction costs for the estimated additional students to be generated by the
proposed development are:
ELEMENTARY 87 x $ 11,790 = $ 1,025,730
MIDDLE 38 x $ 12,232 = $ 464,816
SENIOR 35 x $ 18,619 = $ 651,665
Total Potential Capital Cost $ 2,142,211
The School Board's estimated capital costs are based upon the actual costs of land
acquisition, land development and construction of elementary, middle or senior high
school facilities. Such costs do not include furniture, fixtures or equipment, buses or
other capital costs.
97- 554
WsttV of'fflianoc
-\1Y O p �7
i
JACK L. LUFT = =
EDWARD MARQUEZ
Director
City Manager
6.1
September 18, 1997
>
.�
Mr. D Ray Eubanks
� r= _n
-
Planning Manager
`,
Department of Community Affairs.
b
2555 Shumard Oak Boulevard
=' >
Tallahassee, Florida 32399-2100'
Re: Transmittal of Certified copy of Brickell Square; your file number ADA-1185-056.
Dear Mr. Eubanks:
As requested in your letter of September 2, 1997, the City of Miami is hereby transmitting to the DCA
a certified copy of Resolution No. 97-554 which approved an amendment to the Brickell Square
Development of Regional Impact and Major Use Special Permit Development Order.
If you have any further comments or questions, you may contact Lourdes Slazyk at (305) 416-1435.
Sincerely,
ack L. Luft
Director
Attachments
cc:
Walter Foeman, City Clerk
Joel Edward Maxwell, Deputy City Attorney
George K. Wysong, I11, Assistant City Attorney
Lourdes Slazyk, Assistant Director, CPR
Lucia Dougherty, Attorney for Applicant
Adrienne Pardo, Attorney for Applicant
(letter only)
(letter only)
(letter only)
(letter only)
(letter only)
(letter only)
\ DEPARTMENT OF PLANNING AND DEVELOPMENT
444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1400/1-elecopier. (305) 416-2156
Mailing Address: P.O. Box 330708/Miami, Florida 33233-0708
WALTER J. FOEMAN
City Clerk
Lucia Dougherty
1221 Brickell Avenue
Miami, FL 33131
RE:
Dear Ms. Dougherty:
'Cf. L1 �L 41,
41-
J
August 27, 1997
Resolution No. 97-554
EDWARD MARQUEZ
City Manager
The City of Miami Commission, at its meeting of July 24, 1997, passed and adopted Resolution
No. 97-554, and requested of the City Clerk to transmit said instrument to you.
Attached hereto, please find the above -cited Resolution, which is self-explanatory.
Res ectfully submitted,
Walter an
City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
Te S 0 ��'P � --P,-
CIT1"O'ba Of (.ffl a tt
V op�9
I
WALTER ►. FOEMAN 3
City Clerk
0
August 27, 1997
James F. Murley, Secretary
State of Florida Department of Community Affairs
Division of Resource Planning and Management
2740 Centerview Drive
Tallahassee, FL 32399
RE: Resolution No. 97-554
Dear Mr. Murley:
EDWARD MARQUEZ
City Manager
The City of Miami Commission, at its meeting of July 24, 1997, passed and adopted Resolution
No. 97-554, and requested of the City Clerk to transmit said instrument to you.
Attached hereto, please find the above -cited Resolution, which is self-explanatory.
Respectfully submitted,
Walter J. oem
City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
40 6
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WALTER J. FOEMAN F
City Clerk
Carolyn Dekle, Executive Director
South Florida Regional Planning Council
3440 Hollywood Boulevard - Suite 140
Hollywood, FL 33021
tm
Dear Ms. Dekle:
August 27, 1997
Resolution No. 97-554
l�So �(e.
EDWARD MARQUEZ
City Manager
The City of Miami Commission, at its meeting of July 24, 1997, passed and adopted Resolution
No. 97-554, and requested of the City Clerk to transmit said instrument to you.
Attached hereto, please find the above -cited Resolution, which is self-explanatory.
Re aIfu illyplkmitted,
4City
er J. F e a
Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
of 'ffl-anp
q'i of
WALTER J. FOEMAN
City Clerk
September 11, 1997
D. Ray Eubanks
Planning Manager
State of Florida Department of
Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
EDWARD MARQUEZ
. City Manager
We are in receipt of your September 2, 1997 letter regarding
Brickell Square (File Number ADA-1185-056), as it pertains to our
Resolution Number 97-554, a copy of which we recently sent to
you.
Per your request, we are enclosing a certified copy of Resolution
Number 97-554. If you have any further request or comments,
please feel free to contact this office.
Since ely,
Walter
F J. oe an
City Clerk
WFJ/ejk
Enclosure
[eva]<pwp1 >eubanks
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
CITY OF MIAMI,'FLORIDA
INTER -OFFICE MEMORANDUM
TO George K. Wyson DATE September 12, 1 997FILE :
Assistant City Attorney
SUBJECT : Resolution #97-554
FROM Walter J. Foema REFERENCES.
City Clerk
ENCLOSURES:
We are 'in receipt of a letter from the State of Florida
Department of Community Affairs (copy attached), which was
received by our office on September 5, 1997, requesting that we
forward to the Department a certified copy of Resolution 97-554.
The Department further states that by not having forwarded a
certified copy of the above -cited resolution, the 45-day review
period has not been triggered.
Please note that in the body of
section 5, instructions are given
resolution, but the instructions do
should be certified.
[eva]<pwpt >eubanks
the resolution, on page 11,
as to distribution of the
not mention that the copies
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES
Governor
Mr. Walter J. Foeman
City Clerk
City of Miami
Post Office Box 330708
Miami, FL 33233
September 2, 1997
Re: Brickell Square; File Number ADA-1185-056
Dear Mr. Foeman:
JAMES F. MURLEY
Secretary
The Department is in receipt of the development order for the Brickell Square development of regional
impact (DRI) which was rendered to the Department on August 27, 1997.
Rule 9J-2.025(5), Florida Administrative Code, states, in part, that the rendering of a development order
is the issuance of a written development order and the transmittal of a certified completed copy of the order by the
local government with jurisdiction, together with all pertinent attachments. It further states that "A DRI
development order will not be considered to have been rendered if... all pages, exhibits, references and attachments
are not included..." The Department does not consider the Brickell Square DRI development order as having
been properly rendered because development order was not certified. Therefore, the Department's 45-day
review period for the development order has not been triggered.
Please transmit to the Department a certified copy of the development order with an original city
seal affixed, including a copy of all exhibits. Attached is sample certification language. Our appeal period will
begin when we are rendered a certified and complete copy of the order. If you Have any questions concerning this
matter, please call Donna Harris in the Bureau of State Planning at (850) 488-4925.
Sincerely,
r t�
D. Ray Eubanks
Pluming Manager
DRE/dh
cc: Mr. Eric Silva, South Florida RPC
Developer
Attachment
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE P.O. Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N.W. 36th Street I S5 East Summerlin
Marathon, Florida 33050-2227 Miami, Florida 33159-4022 Bartow, Florida 33830-4641
Certification is generally done by your agency clerk and reads similar to the following:
Hereby Certify that the forgoing is a true and correct copy of as
approved by the Board of Commissioners at its regular meeting held
which is on file in the office of
Witness my hand and official seal this day of
Signature Block
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FACSIMILE TRANSMITTAL SHEET
FAX NO. 858-1610
DATE: - l 2Iqd V) 0
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FROW I/
REMARKS:
TOTAL NUMBER OF PAGES
INCLUDING COVER SHEET ; o
"Am PAN 6 V901PA N DRIMP.O.80Y 330708 /MIAMI/FL 33233-0708(305)250.5360
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WALTER J. FOEMAN
City Clerk
September 11, 1997
D. Ray Eubanks
Planning Manager
State of Florida Department of
Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks: J
EDWARD MARQUEZ
City Manager
We are in receipt of your September 2, 1997 letter regarding
Brickell Square (File Number ADA-1185-056), as it pertains to our
Resolution Number 97-554, a copy of which we recently sent to
you.
Per your request, we are enclosing a certified copy of Resolution
Number 97-554. If you have any further request or comments,
please feel free to contact this office.
Since elqFoe
Walter J
City Clerk
WFJ/ejk
Enclosure
[eva]<pwp1 >eubanks
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES JAMES F. MURLEY
Governor September 2, 1997 Secretary
Mr. Walter J. Foeman
` {
I
City Clerk
City of Miami
=
Post Office Box 330708
T"
3
Miaiiii, FL 33233
f7;
Re: Brickell Square; File Number ADA-1185-056
_t
=,
c::)
Dear Mr. Foeman:
'_-
The Department is in receipt of the development order for the Brickell Square development
of regional
impact (DRI) which was rendered to the Department on August 27, 1997.
Rule 9J-2.025(5), Florida Administrative Code, states, in part, that the rendering of a development order
is the issuance of a written development order and the transmittal of a certified completed copy of the order by the
local government with jurisdiction, together with all pertinent attachments. It further states that "A DRI
development order will not be considered to have been rendered if... all pages, exhibits, references and attachments
are not included..." The Department does not consider the Brickell Square DRI development order as having
been properly rendered because development order was not certified. Therefore, the Department's 45-day
review period for the development order has not been triggered.
Please transmit to the Department a certified copy of the development order with an original city
seal affixed, including a copy of all exhibits. Attached is sample certification language. Our appeal period will
begin when we are rendered a certified and complete copy of the order. If you have any questions concerning this
matter, please call Donna Harris in the Bureau of State Planning at (850) 488-4925.
Sincerely,
D. Ray Eubanks
Planning Manager
DRE/dh
cc: Mr. Eric Silva, South Florida RPC
Developer
Attachment
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE P.O. Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summerlin
Marathon, Florida 33050-2227 Miami, Florida 33159-4022 Bartow, Florida 33830-4641
Certification is generally done by your agency clerk and reads similar to the following:
Hereby Certify that the forgoing is a true and correct copy of as
approved by the Board of Commissioners at its regular meeting held
which is on file in the office of
Witness my hand and official seal this day of
V
Signature Block
17
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-TI
'9n
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