HomeMy WebLinkAboutR-96-0290.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),
Fiorida 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
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2 Applicant (name, address, phone)
Equitable Life. Assurance Society of The United States
1150Lake 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 Hroward 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. i
f
Not applicable. ;
2 !'
9G- 290
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 bythe 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, I1, 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 i
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
s
96' 290
(Phases I, Ia and III) as a Phased Project by the City of
Miami pursuant to Section 2502 of Zoning Ordinance 11000;
deleted Condition 21 which required a unity of title
covering all properties within Phases I, II, and III to
be recorded prior to the issuance of any construction
permits for Phases II and III; and added Condition 31
requiring that a change to the Development Order for
Phases II and III cumulatively address the impacts of all
Phases of the Brickell Square DRI.
There have been no changes in the local government with
jurisdiction over any portion of the developmentsince
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
(400) (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
:..
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 reflectsthe 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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96— 290 5
6
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17VVli -.: L7 CL L. '�CayC .L L.J %J J1 L. LLG rtALJ J. L%_ AX--%r VA.%AC1 VA. "LlQLLG \..V I.LLL 4-71 L".L V.L I VACL
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,
195911filed 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
901181 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 2676 at Page 441 of the Public Records of Dade County,
Florida, containing an area of 37,537 square feet more or less.
FTL1-178779
CITY OF MIAMI p�ANNJNG.
DUILI))1jG,p4 70!41NG Drpf.
d-04-600 94 AUG - 4 PM
7/26/94 9 4 5 9 7
RESOLUTION NO. rcni
A RESOLUTION 'AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 83-898) FOR
THE SRICKELL 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 PERMITS -
PURSUANT TO ZONING ORDINANCE NO. 9500, BY:
AMENDING THE LEGAL DESCRIPTION OF PHASE I OF
SAID ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTIONCONTAINED HEREIN; FINDING AND
CONFIRMING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING
ADDITIONAL FINDINGS AND INCORPORATING` SAID
FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING
THE TRANSMITTAL OF COPIES OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 83-698, adopted duly 28,
1983, the City Commission issued a Development Order for a
Development of Regional Impaot, pursuant to Chapter 380, Florida
Est l�J d � 4 ==' d
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Resolution No. -
92 597
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I IMI tilt •MY Or•Issla Aft "04 • fth ep►rarrt 'Hirt Tlsta�• • ! :.;;
�i: 1• liP�ra»/tpltMlt Jr�irrl•#fataR Mi adfer'td a CiAtrl�ate,�lk sa dt )�1.11�0,110s- �:, <-„�''.Y
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to im •:ly°s 1llat tM�� q*A.: •Or wild• d�► Iflotttly -'40.OT0 �;tf *
Oi~l* "Was. #Nrwmt toilctlon 1i3t;.t.Y ati�:t�ie'iit�r`i Yang eef� w-• .' •
' �;. icon•• tiinttr�iic. •��1: it_�sott� •T•Ti�'s�iiltssla cv Tot •t'tTir i1F•Millllt _.':`..
�• gittDtt" OF 4X• .•~ '. .'.I, •. �`�.1, '^.�. ,';,. t'•; wL'` 1• t�jft' Tt1��,,'•.'..
u irCt/fa 1. 'file foilowla� (1ddIR'slmf tort bey •rde With rM�ect t0'dM : '.`.'�d"i+:�.• -
a �• Wit: c}y"��l!fia• :�.' �� : • �• . 'A" a + •' .s.. � -emu.. + :�
a. Tice (omission bis detettiintd that the project is In •conformity ( ~' � e'�
ritli the adopted Miami Coapre+merigive Nel9hlorhood Plan.
0. Thee Caaaissian an determined that the project is is accord with
the district ton049 ctnslfteatlon of zoning OrdlRaece 96M.•• `
c. the city commission find% that the' 1Project world *at create . • `.. .
adverse Impact an air duality. '9round water. soils. animal lift. '~
vegetation, waste water oana9 .. ,nt or solid witte disposal. and
s:
farther (lads Mat it:wauld have a number of positive 40aets s
Including: 4 ~Al3
111 The oasts of eonstritction of thaws 'It and itt trill -total '..�
spproafatiately 1116 million and require a •total of 1.730 :• +.;
Worm. 4proxiaatety on or iloi,ir,aes mrf11 be
aPant ;�`1'�;• . "�t'-"A �:�
In at region. Peraanent faployM ayq .rowh 2,749. wit9i
2.049 icing relocated Trou within the sregion. Sad ?00 ealy
created jots.• An estimated W million -mould rasont. ~.
-value added to the regi oul oca"W.
t ' tt1 'An dtsieaal 1A.W MW wen 4 a4321ea •doller
a sa taal �•• =
:4? v• •,- .*pMsfNet.appi•railmately ;'•t!!vi '-so'• IIIMir A.
sm.Otl'lNw sa4e iaintl►.'It7t].�is for >che, tc4larl Nt3riet,
motor t:H
ipaCfal 41stricts e5r�:`+'.•.: ... ,,;.t R.,�
131. s.aad tircaitttua snmaA4 1 twpv. N ter aP/llt�au'
•�;.� :?E!'i �; :' `-.:��'' :„ r.,. �atr•:4►rre ,�oa�Mlstlra � aMetMGw1 •1� >�'��, "1g4
''r• .�'• •� •. i�i•: i; •;r,� .ad .1t�ri t iatfm�a.'miat �ric1rd11 • Aveatioi';:'�} .`�. $lr�lCti*%AI! '+
clttiNij 'iIf !1� .edla 'i+� etriet�tt •AiM:e dM i
'�'' •' at=adllf,d ' -*.'Al
r '; .? , �:'•'•' trod S. Nil. t' Afiv~ a
UU1 of Ain;
}: :1 : ��. .i'• •'gat%.,:�(, •' v•, i' _ �I. 1•ff,{'L.,' ',: S•• fir. �•�:�a,•��•;!�� 94,
4.
o 4. hlo�
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twooss(oft An wtvil *it% 4"Mal %n
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No of 41,12001110l1
NI id i4rimlvii4ijf. --k.413i:-00F
to its,$ vaaqft�# V14
anitv Coh
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IL
tW IMS OF 4C
lk aft respect to,04sleV.4
t.PMJKU
y
d. too (omission %as otten"fled that the project Is in confawalty
with the ~rd woot Comprehensive Jklo"Mrmod P16R.
6. The commission %n determined that the project IS 40 accord With
the district genial classification of zonlaq "IrAme v600-
C. The tity Comaission tiRd% tkat the' project Would Oct create
adverse Ja"cl; am a i r 9ma I i ly. •IMIMd water. %Otis- animal life.
Z
or solid wq%te disposal. and
d vegetation. waste watpr "nag(_,q%
'farther fiords that It--Wwld have a number at positive Impacts
V4
The Costs of constrwction of Phasesand III Will -total
approximately 1116 million @Rd require a -toul of I.?"'
woloyros. Approximately 17% or $101.137,015 trill be vptmt_ -
ffk t" fallen. Perok"a"t amptoymest may to t.749. with
2,049 60411 relocated from wi"la the region, MA M Imly
created gels. An latimated W willima 4MId
.halve added to the regional ww"000P..
t2l #a ~1 ;*"INS w vw 2
1=01n.1w lk* Civaty.-vu.ns -for 2M, schiM
for Via
FWAS our 4118"Nowlt
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$Ktion G. lu city. Clqsi 46 Mlt%*VlW 4900
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-,, I-AfteUtIVO ItIft".-tifth 14it, 16110ASM"Pirl4w 1t3o1.. V* Sorth F
MAO Awi ollr4Wevord,* twOm 140, ftl ly4w iiv- It -
fFlorlds SmIj 4" -islet lostari;44 11iisidn $me
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PASSM AM AWTtO thig i.—_10th iMY if Off`
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MAUKILL A. PLIML, MUM
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PUPARED AND APPFAM IT:
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/ WHEREAS, the City Commission h footed with approval that Tishman-
Speyer/Equitable Joint Venture has offered to contribute the sum of $1,120,808
to the City'sHousing Trust Fund, or build approximately 42,030 GSF of
affordable housing, pursuant to Section 1556.2.2 of the City's Zoning Code.
NOW, THEREFORE, BE IT RESOLVED 5Y THE COM":SSION OF THE CITY OF MIAM!,
FLORIDA:
FINDINGS OF FACT
Section 1. THe following findings of fact ere made with 'respect to the
project:
a. The Cornission has determined that the project is in conformity
with the adopted Miami Comprehensive Neighborhood Plan.
b. The Commission has determined that the project is in accord with
the district zoning classification of Zoning Ordinance 9500.
c. The City Commission finds that the project would not create
adverse impact on air quality, ground water, soils, animal life,
vegetation, waste water management or solid waste disposal, and
further finds that it would have a number of positive impacts
including:
(1) The costs of construction of Phases II and III will total
approximately S116 million and require a total of 1,730
employees. Approximately 871. 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,
$658,821 for Dade County, $753,715 for the School District,
and $41,745 for the South Florida Water Management District
and special districts combided.
(3) Access and circulation should be improved by the applica�•:
fair share contribution toward a southbound left turn la,.
and signalization at Brickell Avenue/S. E. 10 Street, tkt
closing of the median 'opening at Brickell Aven,,e an�
Ambassador Drive, and the restriping of S. W. 8 S:,ec'
from S. W. 2 Avenue to S. W. 3 Avenue, for a fair sha-e
total of S122,407,
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-a confirmation of receipt ofrials from a recycler or,
1 a waste exchange operation.
'Notify any tenant generating wastes of the penalties for improper disposal
of hazardous waste pursuant to Section 403.727, Florida Statutes.
'Allow reasonable access to facilities for monitoring by the City, Dade
County DERM, and Florida DER to assure compliance with this Development
Order and all applicable laws and regulations.
For the purposes of this Development Order, a hazardous waste generator shall
be defined as the Applicant and any tenant that falls under a SIC code listed
in Exhibit 1 (DRI Assessment, page 61) attached hereto and incorporated herein
by reference, and that uses, stores, or generates hazardous wastes. Hazardous
wastes are defined as ignitable, corrosive, toxic, or reactive wastes,
including those identified in Exhibit 2 (DRI Assessment, page 66); provided, `
however, that the uses in Exhibit 1 and the wastes in Exhibit 2 shall be
simultaneously amended upon the addition or deletion of any or all of the
listed uses, materials, or wastes by amendment to the "County and Regional
Hazardous Waste Assessment Guidelines" incorporated by reference into Rule 17-
31.03(2), Florida Administrative Code.
5. 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.
9.
Collaborate with the police Departmei.. 'do incorporate security measures and
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systems into the design and operation 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. t
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 500,0D0 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_ F '
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or less than 0.65 KW/Ton.b.
'Measures that effectively yield, in the cooling mode, R-7 in walls and F
19 in ceiling;.
'Heat producing areas and equipment (cooking, water heating, etc.) isolated
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from air conditioned areas.
'Computerized elevator control system in all high-rise structures.
'Individual electric metering of tenants. t
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'Minimal use of incandescent lighting, and use of fluorescent task lighting
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and indirect sunlight where pos�.
'Hot water temperatures set at or below 105oF where allowed by health codes
and equipment requirements.
'Lavatory water flow of 0.8 gallons per minute or less and water closets
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that use no more than three and one-half gallons per flush.
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'Light -reflecting and/or.light colored mall and roof surfaces, with solar
absorption coefficients less than or equal to -0.50.
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'Use of airlock doors (vestibules) at major entrances on the east side of
Phase III.
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'Bicycle support facilities, includes secure bike racks or storage areas,
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and, 1f.feasible, lockers and showers for project employees.
'Maximum flexibility of air conditioging systems to cool only occupied
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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
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optimization, time of day scheduling, electric demand limiting, night
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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.
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13. Construct all roadway and intersection improvements identified in Exhibit 4
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(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
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squart feet of development on -site, including Phase I deveiupment; or fund,
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bond. or provide a letter of credit for $130,060 (1985 dollars) to the City
for construction of 111 se improvements.
14. Prior to issuance of final certificates of occupancy for more than 500,000
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gross square feet on -site, including Phase I development, fund, bond, or
provide a letter of credit for $4,358 (1985 dollars) for construction of
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Department of Community Affairs witninety (90) days of the effective t`
date of this Development Order. The CADA shall be prepared as foilows:
'Where new clarification, or revised information was prepared subsequent to
submittal of the ADA but prior to issuance of the D0; whether in response
to a formal Information Adequacy Statement or otherwise, the original
pages of the ADA should be replaced with revised pages..
'Revised pages should have a "Page Number (R) - Date" notation, with 'Page
Number' being the number of the original page, "(R)" indicating that the
page was revised, and 'Date' stating the date the revision was submitted.
18, Prepare and submit to the Council, City, and Florida Department of
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 met.
'Such affidavits as may be required by the City pursuant to Condition 26
herein.
19. Provide 2 fire hydrants on Brickell Avenue and 1 fire hydrant on S. E. 8
Street, restriping of parking spaces,.landscaping on the south side of the
project, and that a clear area be maintained along Brickell Avenue to
provide. proper vision for police vehicles, pursuant to comments of the
Miami Large Scale Development Committee, at its meeting of May 29, 1985.
20. Prior to the issuance of a buildinq 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
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OffsiteAffordable Housing bonus= 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 construction permit in Phases 2 and 3, a
Unity of Title covering all properties within Phases 1, 2 and 3 shall be
submitted to the City for recordation in the public records.
THE
CITY WILL;
22.
Consult with the Applicant to ensure incorporation of security measures and
systems into the design and operation of the project, Including provision
for emergency helicopter hovering above the roof of the office towers.
23.
Withhold issuance of final certificates of occupancy for more than 500,000
gross ,square feet of development on -site, includinq Phase I, until the
Applicant has compiled with Conditions 10. 11, 13, 14, 15, and 16 herein.
24.
Cooperate with the County in the development and adoption of appropriate
County ordinances to extend the Metromover special taxing district to the
Brickell area or to impose a one time transit impact fee on all development
benefiting from Metromover.
25.
Provide that the effectiveness of the'Development Order shall be stayed and
no further development permits thereunder shall be granted, until such time
as an Amended ADA, providing updated information, is submitted to the
Council, City, and State and an Amended Development Order issued, if
Condition 15 has not been met within three (3) years of the effective date
of this Development Order or if construction of the Brickell leg of
Metromover Stage II has not begun by January 1, 1992. If this condition is
triggered by events outside the control of the Applicant, the scope of the
Amended 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,OOO square feet on -site,
including Phase'I development. Air quality and transportation information
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in the amended ADA shall be 1n the format specified in Exhibit 6 (DR:
Assessment, page 73) or, at the option of the Council, another. format may i
be specified. Should the Development Order be stayed pursuant to this
condition, nothing herein shall be construed to limit Condition 28 below
that this Development Order runs with the land, and its terms and +:
conditions are binding on the Applicant, its successors, and/or assigns. j
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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
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.
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 I1 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 arenotaffected by, or have an
effect on, the Downtown Miami Development of Regional impact
Development Orders (Resolution 87-1148 and 11491 December 10,
1987).
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PLANNING Approval.
RECOMMENDATION
BACKGROUND AND See attached analysis;
96- 290
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7. List all the dates and resolution numbers (or other
`appropriate identification numbers) of all modifications or
amendments to the originally approved DRI. development order
that have been adopted,by.the local government, and provide a
brief description of the previous changes'. (i.e., any
information not already addressed in the SubstantialDeviation`
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 LI 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 1991
d. Resolution No. 92-597,.adopted-September 24, 19.92. This
Resolution modified the previously approved Development
Order as amended to provide that on -site parking shall
not exceed 1,622 parking, spaces; approved the
substitution of Tishman Speyer/Equitable Joint Venture by
Equitable Life Assurance Society of The United States as
the Developer, and amended the timeline as follows: Phase
II shall commence in May 1996, Phase III shall commence
in December 1999 and the project shall be.completed in
2001. More specifically, the Development"Order shall be
null and _void on December 31, 2001 unless actual
construction.work,-excluding grading and excavating, is
substantially underway on that date.
e. Resolution No. 94-598 adopted July 26, 1994. This
Resolution amended the legal descriptions for.Phases II
and III; qualified the entire Brickell Square development
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96- 290
FINDINGS_OF FACT WITH MODIFICATIONS
A F F I D A V I T
STATE OF FLORIDA )
) SS
COUNTY OF..BROWARD ) -
Be' ore me the undersigned authority, 'this day personally
appeared Susan,F. Delegal, who being by me first duly sworn, upon
oath,.: deposes and says:
. 1. 'That she is the legal representative of the owner
submitting ` the: accompanying application for a public hearing as
rkpir'ed._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 page attached to this affidavit and
made a part' thereof.
2. That the owner which she represents has given its full
and complete permission for her to act in its behalf for the change
or modification of a classification or regulation of zoning as set
out in the accompanying petition.
3. That the page attached hereto and made a part of this
affidavit contains the current name, mailing address, phone number.
and legal description for the real property of which she is the
legal,,representative.
4. The facts as represented in the application and documents
submitted, in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
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OWNER'S LIST t
Owners Name
Equitable Life Assurance Society'of'the United
States
Mailing Address
1150 Lake Hearn Drive, suite 900
Atlanta, ;GA 30342
Telephone,Number-.
(404) 848-8625 (Thomas Kennedy)
Legal Description-
Approximately 845-999 Brickell Avenue, Miami
Florida (See legal description attached as '
Exhibit "A". to Notification of a Proposed
Change to Previously Approved DRI)
Ownerls Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
.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: 4
Street Address
Legal Description
Street -Address
Legal Description '
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mesouation tou-Lau in connection wnn a oeveiopment oraer Tor the ttricKeu Square r-roject
requires certification of the resolution. We forwarded same to Mr. James F. Murley, Secretary,
State of Florida Department of Community Affairs, as required by Section 5 of said resolution.
The resolution did not call for a certified copy. We are enclosing now a certified copy of said
resolution, as you have requested.
If we can be of further assistance to vou. olease let us know.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES June 3, 1996 JAMES F. MURLEY
Governor Secretary
Mr. Walter J. Foeman, City Clerk
City of Miami
3500 Pan American Drive
Post Office Box 330708
Miami, FL 32233
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RE: Development Order for Brickell Square; File Number ADA-1185-056
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 May 31, 1996.
Rule 9J-2.025(5), Florida Administrative Code (F.A.C.), 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 cony 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
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 sea} affixed, including a copy of all exhibits. Our appeal period will begin when we 1
are rendered a certified and complete copy of the order. If you have any questions concerning
this matter, please call Ken Metcalf in the Bureau of Local Planning at (904) 40-9$10.
Sincerely, raw
4P CD
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D. Ray Eubanks
ZD
Planning Manager > x N
DRE/dh
cc: Ms. Julia Trevarthen, South Florida RPC
Developer,
2 7 4 0 C E N T E R V I E W D R I V E • T A L L A H A S S E E, FLORIDA— 3 2 3 9 9- 2 1 0 0
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