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HomeMy WebLinkAboutR-94-0597U-94-600 7/26/94 9 a - 'ro-, 9 71 RESOLUTION NO. A RESOLUTION AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 83-695) FOR THE BRICKELL SQUARE PROJECT, PHASE I, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES, AND A MAJOR USE SPECIAL PERMIT, PURSUANT TO ZONING ORDINANCE NO. 9500, BY: AMENDING THE LEGAL DESCRIPTION OF PHASE I OF SAID ORDER TO SUBSTITUTE THE REVISED LEGAL DESCRIPTION CONTAINED HEREIN; FINDING AND CONFIRMING THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING ADDITIONAL FINDINGS AND INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; INSTRUCTING THE TRANSMITTAL OF COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 83-695, adopted July 28, 1983, the City Commission issued a Development Order for a Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, for the Brickell Square Project located at approximately 801-999 Brickell Avenue, Miami, Florida, ("Project"); and WHEREAS, the applicant, Lucia A. Dougherty, authorized representative of EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES ("Applicant"), now desires to change the legal description 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 4 - �6 /4 72� ,' (' F•Sysergt_, 94-- 97 Development of Regional Impact (DRI) pursuant to Subsection 380.06(19), Florida Statutes, with the Florida Department of Community Affairs, the South Florida Regional Planning Council, and the City of Miami; and WHEREAS, on June 16, 1994, the Applicant applied for an amendment to said previously -issued Development Order; and WHEREAS, the proposed amendment does not constitute a substantial deviation pursuant to Section 380.06(19)(e)(2), Florida Statutes (1993), and, thus, is not subject to a substantial deviation hearing or determination by the City of Miami; and WHEREAS, Planning Advisory Board Resolution No. PAB 38-94, adopted July 13, 1994, following an advertised public hearing, by a vote of nine to zero (9-0), recommended APPROVAL of the subject application for amendment; and WHEREAS, the City Commission considers this Resolution to be in the best interest of the citizens of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution pertaining to substantial deviation as Conclusions of Law are hereby approved, confirmed, and adopted by reference thereto and incorporated herein as if fully set forth in this Section. -2- 94- 597 Section 2. Exhibit "A" of Resolution No. 83-695, the Development Order and Major Use Special Permit for the Briokell Square Project, is hereby amended in the following respects: I/ MAJOR USE SPECIAL PERMIT AND DEVELOPMENT ORDER Let it be known that the Commission of the City of Miami, Florida, has considered in public hearing on July 28, 1983, a) the issuance of a Major Use Special Permit pursuant to Section 2803, Article 28 Major Use Special Permits: Detailed Requirements of Zoning Ordinance 9500 and b) the issuance of a Development Order for a Development of Regional Impact pursuant to Section 380.06 Florida Statutes, said major use and development to be Located in the City of Miami, at approximately 801-999 Erickell Avenue, being fl3t bliat—r , 12 t3, B-ro ck—rO4--a, Xup ofof S--A�3�ITi$y�N, SPY �j a 1 � �+ V iJ W� Urge 1 1 U > O F t o..L-L-Cl�� Ri gYrC= o f =Way—i-s—me—fu33�, what ���e-ed—dut-e d---Rove-mbeT---1 . , Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 94— 59'7 —3— 1 f } for record ta Offtctul --Records Book 2076, Fa:o.L ida . --aec ns-h±p -54 Suu th, i �—E�s-t-- fiLL dUS reservations u.L- of -.record.- A portion of Lots 8 9 and the North 39....30 .meet of Lot 10 Block 104 youth AMENDED MAP OF BRICKELL'S ADnTTO MIAM1 according to tie Plat thereof recorded inl. at Book "B" at page 113 of the Public Records of Dade CountyWe,St _4f the Right -of - y for South Bayshore Drive conveyed to the City of Miami for street purposes said 1 f Right -of -Way being more particularly # described in that certain Deed dated November 18. 1959, filed. May 26 1964 under!' Clerk's File No 60R-94813 in Official. r Records BQo_k 2Q7 at page 441 of the Public Reoorc3,c of Dade County- Florida being more particularly -described as follows: f. i i BEGIN at the mom Northerly corner of Lot 8, Block 104 South. AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, ario rding to the plat thereof recorded in Plat Book "B" at Page 113 of the Public Records of Dade County, ' Florida: then_oe_run oath 76 degy QD0 41 ' 2"_ ! East along the Northerly boundary of said Lod { 8 for a d.istanop of 300 00 feet to.the point of urvature of a curve, ...cono ve to the Southwest hoving a radius of 25 00 feet.• 94-- 597 -4- thenee run Southeasterly, So.,erly an Southwesterly along the are of said curve. through a c ritral angle of 90 degrees 00' 00" , for � distance o;U,2,7 feet to the point ofn,ency, maid pint bi on the Western Right -off boundary Qf South Bayshore Drive: thence run South 13 degrees_ 18' 38" West along the ast described line .for a points thence run :[forth 760 degre�41'2" Viest for a distance of 325,00 fee_ to the point of intersectionwith the Westerly boundary of said Block 104 South-_ thence run North 13 degrees 18' 38" East aloe theme t described line a distan e o.ff R55.44 feet to the POINT OF BEGINNING, containing 82,884 square feet. more or less. or 1,902 Acres, more or less. LESS AND EXCEPTING THEREFROM THAT CERTAIN PROPERTY DEDICATED TO THE DEPARTMENT OF TRANSPORTATION QF THE STATE OF FLORIDA AND TT11E CITY OF MIAMI, FLORIDA BY INSTRUMENTS (DEDICATION - GRANT OF EASEMENT AND RESTRICTIVE COVENANTS) DULY RECORDED IN QFFICTAL RECORD5 BOOK 12843. AT PAGE 1 02 OFFICIAL RECORDS BOOK 12893: AT PAGE 1279 AND OFFICIAL RECORDS BOOK 14397 AT PAGE 82: ALL OF THE PUBLIC RECORDS' OF DADE _ C_ U TY, FLORIDA,; SAID CERTAIN PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 8 PORTION OF LOT 8 BLOCK 104 BOUTH. AMENDED MAP OF BRICKELL',S ADDITION TO MIAMI, ACCORDING TO THE PLAT THEREOF RECORDFD_M FLAT BOOK "B" AT PAGE 113 OF THE PUBLIC RECORD, OF DADE COUNTY, FLORK:OA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 94- 597 THAT CERTAIN EXTERNAL AREA AT THE _ MOST NORTHERLY C RO NER OF SAID LOT 8. FORMED BY AN ARC OF 30 OTTT RADIUS, CONCAVE TO THE OUTHE T THAT IS TA GENT TO THE NORTHERLY AND WESTERLY BOUNDARIES OF SAID LOT B. CONTAIIJING _AN AREA OF 193 SQUARE FEET MORE OR LESS. SAID TRACT I CONTAINING 82,691 A + MORE QR LESS OR 1­898 ACRES MORE OR LESS, FINDINGS OF FACT The project, as defined immediately above (formerly known as Tishman -Speyer). is the first phase of the approved Brickell Square development of regional impact and has been completed. The entire Brickell. Square development (Phases I, II and III) shall be qualified as a Phased Project by the City of Miami pursuant to Section 2502 of Zoning Ordinance No. 11000. THE APPLICANT SHALL 28. The Applicant shall give notice to R±01mrd P. Bremer Harvey Ruvin, Clerk, Dade County Circuit Court, 73 West Flagler Street, Miami, Florida, 33103, for recording in the Official Records of Dade County, Florida, as follows: 9 4 -� 597 -6- Ew El a) That the City Commission of the City of Miami, Florida, has issued a Development Order for the S.E. 8th Street and Brickell Avenue Project, a Development of Regional Impact Located at approximately 801-909 Brickell Avenue, being f3.-brat-poxt i-ari -af`-9, tD, ti, v-ord�rrg`- ma KE-tL`S-ADD! TO MTAMI, a Copy of whtuh end-eap-i si ecurded in- P l abBook U f- the�rL-s ecords Dam oun ty P 3. oILIi dda ; lying- w es tthy , orivt;ye-d-to -'i, Flortda,—for--st-ree-t--p=pvues , which —saw Rtght-UI-Ways-TTUre-?u-l3y-r%es ceTtatn ed -a-ted--Nuvewbe , ftlud zn 0±f-.-c-a7a-1---E Page - l i c-R.ac�s�f Dade County-, F2:oi t 3 , RaligV s t- A portion of Lots B. 9 and the North 39,30 Feet of Lot 10, Block 104 South. AMENDED MAP OF BRICKELL`S ADDITIQN TQ 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_ Ba- hare Drive conveyed to the City of Mimi for street purposes, said -7- 94- 59'7 Right -of -Way bein described i that certain Deed dated November 18, 1959, filed M 6, 1960 under Clerk's File No. (F02-94813 , in Offioial Records -Book 2(a p� 441 of the Pub:c $grords of__Da— C unty. Flo-ida, being_ more particulaecl as foll,Qws BEGIN at the most Northerly corner of Lot 8. Block 10 S uth.. AMENDED MAP OF BRTCk'ELL' S AADDTTTON T MIAMT_,_-aoc2rding to the plat thereof recorded in Plat Book "B" at Page 113 of the Publi.Records of Dade County, Florida: thence run South 76 deg Tees 41' 22" East along the Northerly bounder of said Lot 8 for a distance, of 300.0Q feet to the point of curvature of a curve, concave to the Southwest having a radius of 25.00 feet: thence run Southeasterly Southerly and Southwesterly along the arc of said curve_, through a oen'tral angle of 90 degrees 00' 00" . for, a distance of 39,27 feet to the point of tin enc a , said point being on. the Westerly Right -of -Way boundary of South Bayshore Drive; thennq�e_ run South 13 degTrees 18' 38" West a.long--tho-jlast described Line for a di tan of 230 44 feet to a point: thence run North 76 degrees 41' 22" West for a distance of 325.00 feet to the point o£ intersection with the Westerly boundary of said BloelL 104 South thence run Forth 13 degrees 18' _38„Est alon¢ the last described line a ditanoe of 255.44 feet to the POINT OF BEGINNING, containing 82�884 uare feet more or less or 1 90? A res . more or -less. LESS AND EXCE_PTING_`ZHEREFROM THAT CERTAIN PROPERTY DEDZKATED TO THE DEPARTMENT OF TRANSPORTATIOF—THE SATE --OF RZDA AND THE CITY OF M.�Ar11 FL RZDA BY INSTRiJMENTS ED CATION - GRANT ,OF EASEMENT AND REaTRICTIVE COVj:- TS) DULY RECORDED ZN OFFICIAL RECORDS BOOK 12843. AT PAGE 10Q2: OFFICIAL RECORDS Ij0QK 1.2$93 : AT PAGE 1279 AND OFFICIAL REQORD_,,S B�K 1439`7 , AT PAGE 82 : ALL QF _THE PUBLIC REQORDr QF DADE COUNTY FLORIDA: SAID CERTAIN PROPERTY BEING MORE PARTICULARLY DUCRIBED AS FOLLOWS: A PORTION OF LOT 8. BLOCK 304 SOUTH AMENDED MAP OF BRI KELL`6_ ADDITION TO MIAMS ACCORD TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B" AT PAGE 113 OF THE PUBLIC RECORDS F DADA E COUNTY, FLORIDA, BEING MORE PARTICULARLY DE RIBED AS FOLLOWS: THAT CERTAIN EXTERNAL AREA AT THE MOST NORTHERLY CORNER OF SAID LOT 8. FORMED BY AN R. OF 30 FOQT RADIUS, CONCAVE T TH_ ,SOUTHEAST. THAT IS TANGENT TO THE NORTHERLY AND WESTERLY BOUNDARIES OF SAID LOT 8. CONTAINING AN AREA OF_ 193SQUARE FEET. MORE MQRE OR LESS OR 1.598 6CRES MORE OR LESS. 31, If -a chans�e is proposed to the development order of Brickell S—uare Phase I the Notice of Proposed Change must cumul.ativelY address the impacts of all 94- -9- 597 phases of the Brio%ell Square development -of reg on&J impact, as curr�ntl approved whin tre Not3 ce of PQposPc Change is submitted. 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 (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 to the Developer -Applicant, LUCIA A. DOUGHERTY, authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE UNITED STATES, whose address is 801 Brickell Avenue, Suite 806, Miami, Florida 33131; Ms. Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021; and Ms. Linda L. Shelley, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399. 94- 597 -10- .4 Seotion 5. This Resolution shall beoome effeotive f forty-six (46) days from the date of adoption. PASSED AND ADOPTED this 26th day of _ Ju 1994. i I s {� STEPHEN CLARK, MAYOR i ATTEST; ze, MA TY HIRAI, CITY CLERK i PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: JOEL E . MAXWEfl. A. QUINN cf N S , ZS DEPUTY CITY ATTORNEY CITY ATTO Y M4481/JEM/mis/osk/bss 4 . fiitlj of tarot MATTY HIRAI City Clerk I I I 1C, August 23, 1994 CESAR H. ODIO City Manager r Ms. Carolyn Dekle Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, FL 33021 RE: DEVELOPMENT ORDER FOR THE BRICKELL SQUARE PROJECT, PHASES I, II AND III Dear Ms. Dekle: The City of Miami Commission, at its meeting of July 26, 1994, passed and adopted Resolution Nos. 94-597 and 94-598, and requested the City Clerk to transmit said instruments to you. Attached hereto, please find the above -cited resolutions, which are self-explanatory. , ctfully submitted, MATTX HIRAI City Clerk ,. M-. .. ..�.. ... �.. ...� .. w�i..1r"wJL..�.Jur..r-YS.D�..C.......�. w... (LITA-tv ..v. urw. ♦�,Mau.A_ -w.T.. _...-aY.Fw�-. ....�. x+w! ......s�..�q. .. .. of �Rtaml MATTY HIRAI CESAR H. ODIO City Clerk ��=' 's1 City Manager Ofr0-F��� August 23, 1994 Lucia A. Dougherty, Esq. Authorized Representative of Equitable Assurance Society of the U.S. 801 Brickell Avenue, Suite 806 Miami, FL 33131 RE: DEVELOPMENT ORDER FOR THE BRICKELL SQUARE PROJECT, PHASES I, II AND III Dear Ms. Dougherty: The City of Miami Commission, at its meeting of July 26, 1994, passed and adopted Resolution Nos. 94-597 and 94-598, and requested the City Clerk to transmit said instruments to you. Attached hereto, please find the above -cited resolutions, which are self-explanatory. RAP2tfully submitted, • m MATTY HIRAI City Clerk MH:vg , Enc. a/s I 4 OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 1 MATTY HIRAI City Clerk t f CESAR H. ODIO ^� City Manager loci .....1. 9 2 August 23, 1994 Ms. Linda L. Shelley, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 ` RE: DEVELOPMENT ORDER FOR THE BRICKELL SQUARE PROJECT, j PHASES I, II AND III i; Dear Ms. Shelley: The City of Miami Commission, at its meeting of July 26, 1994, passed and adopted Resolution Nos. 94-597 and 94-598, and requested the City Clerk to transmit said instruments to you. ' Attached hereto, please find the above -cited resolutions, which are self-explanatory. R p ctfully submitted, I` TTY HIRAI City Clerk ( MH:vg IEnc. a/s i 1 i i l OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 i I E APPLICANT APPLICATION DATE REQUEST/LOCATION PLANNING FACT SNEEi Equitable Life Assurance Society of the United States May 18, 1994 v Consideration of amending a previously approved Development Order for Phase I of the Brickell Square Project (Resolution no. 83-695) located at approximately 801-999 Brickell Avenue to amend the legal description of said order. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Division of the i Planning, Building and Zoning Department. I PETITION Consideration of amending a previously approved Development Order (Resolution 83-695, adopted July 28, 1983) for the Brickell Square Project, Phase I, located at approximately 801-999 Brickell Avenue, a Development of Regional Impact, pursuant to Section 380.06, Florida Statutes, and a Major Use Special Permit, pursuant to Zoning Ordinance 9500, by amending the legal description of said Development Order; further finding and confirming that said change does not constitute a substantial deviation and incorporation of said findings in conclusions of law. PLANNING Approval with conditions. RECOMMENDATION BACKGROUND AND The requested amendment to the Development Order for Phase I of the Brickell ANALYSIS Square Project is for the purpose of amending the official legal description for this particular phase of the overall development. The change is necessary for several reasons, first of all because the current legal descrrption is inaccurate in that it includes a description of the entire block for what is actually only ""rase I; there is a separate Development Order for Phases II and III which includes portion of the property officially described in Phase I; the other reason for the amendment is that the project; with the existing legal descriptions, cannot be separated for such purposes or the sale of any or all of the individual phases, as i� the case now. The Planning, Building and Zoning Department has no objections to floc requested change of legal description, howeverthere is a concern that all phases of the project, regardless of ownership, h,l sufficient parking, loading and open space to meet all future needs. Based or nis concern, the Department is recommending approval of the requested change wit, ,: condition that a covenant, running with the land, which guarantees sufficienT. ,arking, loading and open space to all phases of said project, be filed and recorded, in a form accepatble to the City Attorney and to the Pirector of Planning, Building and Zoning, within 6 months of the Approval of the proposed Resolution by the City Commission. PLANNING ADVISORY BOARD Approval CITY COMMISSION APPLICATION NUMBER 94-127 07/14/94 VOTE: Nine (9) to zero (0) July 13, 1994 94- 59'7 Page 1 21% 1 • THATCH rNTEFPR PROPERSTY onMoaoo ' r rt.'i - a � f � — — - c S RI r cO'c ,� L ap ,� 2 2 a'., M A �• l e r e z t' r' • r. � ' roa t s e f• ro• e S �. ,gRt�^ ' I • _ f R 1 o� • to T"' • d Q Pi •c If A 1 0 , b• rf If I. to it tt 41 y �'� 1 a ro p' • �" , /1 t t 6 • • d o tt eat � ov r t t. d 5.�. .. .S?T ' B H a I ! al , W C • ' t 56 z • SS £P. 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RtE • � II • SW TERR o j r ALA Sj o Cc, IM 1� 597 9 0�r7 l I RESOLUTION PAB - 38-94 r A RESOLUTION RECOMMENDING APPROVAL OF AMENDING A PREVIOUSLY APPROVED 1 DEVELOPMENT ORDER (RESOLUTION 83-695) FOR PHASE I OF THE BRICKELL SQUARE i PROJECT, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, BY AMENDING THE LEGAL DESCRIPTION, AS SPECIFIED IN THE ATTACHED RESOLUTION. 1 i HEARING DATE: July 13, 1994 VOTE: Nine (9) to zero (0) ATTEST: E GIO RODRIGUEZ, DIRECTOR PLANNING, BUILDING AND ZONING 7 94- 597 - � GGGENBEGG A T T O R N E Y S A T L A W CITY OF MIAMI PLANNING, IflflUGI G BUILDING & ZONING DEPT, 94 JUN 17 PM 12: 17 Lucia A. Dougherty (305) 579-0603 June 16, 1994 j NAIAD_ DEI.WE Mr. Joseph McManus Deputy Director, City of Miami Planningg,, Building & .Zoning Department 275 N. V6/. 2nd Street Miami, Florida 33128 Re: Resolution No. 83-695 (the "Resolution") Amendment of Development of Re 'ogl nal Im ag t ("DR_I") i n Dear Mr. McManus: n .15 Our client, Equitable Life Assurance Society of the United States ("Equitable") is the owner of the property that is the subject of the DRI Development Order7Resolutton referenced above. Equitable is requesting an amendment to the legal description. Equitable has ppre aced an appplicaton and a Notification of Proposed Change to A Previously Approved i)1 to clarify the legal description for simultaneous submittal to the City of Miami (the "City"), the South Florida Regional Purchasing CounciSFRPC"), and the Department of Co munity Affairs ("DCA"), pursuant to section 380.06, Florida Statutes. The proposed modification amends the legal description to only include Phase I. The Development Order No. 85-1060 already governs Phases 2 and 3. This letter submits the completed Notification of Proposed Change and requests a I ublic hearing for a determination of a non -substantial change to the previously approved DRI and simultaneously transmits co ies to the SFRPC and DCA in accordance with Section 380.06, Florida S*..atutes. The disclosure forms and other affidavits were submitted to the City in connection with the Amendment to Development Order No. 85-1065. Thank you for your attention to this matter. I V Y fly you, LuciDougherty cc: Mr. Jack Lowell Ms. Susan Hawken Ms. Carolyn Dekle, SFRPC Mr. Jim Snyder Robert H. Traurig, Esq. Mr. Sergio Rodriguez Mr. Joel Maxwele Esq. F. Ron Mastriana, Esq. 9 4- 597 GREEN BERG TRAURIG HOFFMAN 1.IPOFF ROSEN & QUENTEL. P.A. 1221 BRICKELL AVENUE MIAMI. FLORIDA 31; 11 305.579.0500 FAX 305-579.0717 ➢#ia ut Rnwr I umRpnAi r Ul, .. C-01A RF.ArN TALLANASSF.F. FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA ` DEPARTMENT OF COMMUNITY AFFAIRS ' DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 1 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF.REGIONAL IMPACT (DRI) SUBSECTION 380.06(19)1 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 agency, and the state land planning agency according to this form. 1. I, LUCIA A. DOUGHERTY, the undersigned authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE'UNITED STATES ("EQUITABLE01) hereby gives notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes (1993). In support thereof, I submit the following information concerning the PRICKELL SSE 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 CITY OF MIAMI, to the South Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. 6/6 /,9 (Date) (Signat,.::re) LUCIA A. i?OLli.iHERTY 94- 597 2. Applicant (name, address, phone). EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES 801 Brickell Avenue, Suite 806 Miami, Florida 33131 (305) 372-1600 Attn: Susan Hawken 3. Authorized Agent (name, address, phone). Lucia A. Dougherty Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Avenue 23rd Floor Miami, Florida 33131 305-579-0603 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Approximately 801-999 Brickell Avenue, Miami, Florida is the existing address. 801 Brickell Avenue, Miami, Florida, will be the address after the amendment is approved. See Number 13 of this Application for legal description. S. provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. When the Development Order No. 83-695 was obtained for Phase 1 in 1983, it included the land for Phases 1, 2 and 3. After the Development Order was approved, Phase 1 was constructed. In 1985 pursuant to City of Miami Resolution No. 85-1060, a Development Order was issued for Phases 2 and 3. At this time we are seeking merely to revise the Development Order to accurately identify that it governs only Phase 1. . 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 such master site plan is required. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If 2 no change is proposed or has occurred, indicate no change. 94- 597 Not applicable. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the origiwally approved DRI development order that have been adopted 1:-� 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). a. Resolution 83-695 (July 28, 1983); b. Resolution 85-1060 (October 10, 1985); C. Resolution 89-410 (April 27, 1989); d. Resolutions 92-597 (September 24, 1992). Resolution No. 83-695 has never been amended. Phase 1 has been constructed. 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? No such changes have occurred. a. 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 •,relopment order. Identify such land, its size, intended u3f�:, 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 mile of the original DRI site by applicant. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO 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. No. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. 13 97 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. 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), 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: The following* proposed changes to Resolution No. 83-695 is requested: (1) MAJOR USE SPECIAL PERMIT AND DEVELOPMENT ORDER Let it be known that the Commission of the City of Miami, Florida, has considered in public hearing on July 28, 1983, a) the issuance of a Major Use Special Permit pursuant to Section 2803, Article 28 Major Use Special Permits: Detailed Requirements of Zoning Ordinance 9500 and b) the issuance of a Development Order for a Development of Regional Impact pursuant to Section 380.06 Florida Statutes, said major use and development to be located in the City of Miami, at approximately 801-9-94 Brickell Avenue, being All o 33, Bleelenth;-aeelerding be the amefkled - whieh ame.-ded at Page - - _ ; ez Puzze--Reee rds---az--BAG Florida,Way eenveyed te the am featreet purges s, L eh----al- Is mere _fully a scribed -G'ea dated Neve-ber 3:8 , 3: " i�i eA -c ^vim z�c6ru—iis veff iel" al Rem , vMay 2 6, n n'1 7 File .v 1i.. L G __A A n 1 'f T1.. 1..I 3� rdev Gl erit�s Fi l , weer-ef Bade Geunty, Flerlda.—seetien-3:2- I 4 * Amendments are underlined; deletions are stricken through. i er--easeme t-ems A portion of Lots 8 9 and the North 39.30 feet of Lot to Block 104 South AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, according to the Plat thereof recorded in Plat Book "B11 at Page 113 of the Public Records of Dade County, Florida, lying West of the Right -Of -Way November 18. 1959. filed May 26 1960 Official Records Book 2076 at Page 436 �. the Public Records of Dade County_ Florida and in that certain Deed dated December.16, 1959. filed May 16. 1960 under _ erk's File No. 60R-94813 in Officia. Records Book 2076 at Page 441 of the PuL�ic Records of Dade County, ....Florida. being more particularly described as follows: BEGIN at the most Northerly corner of Lot 8 Block 104 South AMENDED MAP. OF BRICKELL'S ADDITION TO MIAMI, according to the plat thereof recorded in Plat Book IIR11 m* D="n 1 9 1 n�F 4-him th-ONI i n T?cnhrriC of 760 41' 2211 East along the Northerly boundary of said Lot 8 for a distance of 300.00 feet to the point of curvature of a curve, concave to the Southwest, having a radius of 25.00 feet; thence run South- easterly, Southerly and Southwesterly along, the are of said curve, through a central angle of 900 00' 00f1, for a distance of 39.27 feet to the point of tangency, said point being on the Westerly Right -Of -Way boundary of South Bayshore Drive; thence run South 13. 18' 38" West along the last described line for a distance of 230.44 feet to a point; thence run North 76° 41' 2.211 West for a distance of 325.00 feet to the point of intersection with the Westerly boundary of said Block 104 South; thence run North 130 18, 3811 East along with last describe-i line a distance of 255.44 feet to the -DINT OF' BEGINNING, containing 82,884 square feet, more or less, or 1.902 Acres more or less. .ann,�raaioaa�+ts,aa. Neanaraa 5 v 3- 597 LESS AND EXCEPTING THEREFROM THAT CERTAIN PROPERTY DEDICATED TO THE DEPARTMENT OF TRANSPORTATION OF THE __ STATE _ OF FI�GRIDA AND THE CITY OF MI. FLORIDA BY INSTRUMENTS (DEDICATION -- GRANT OF EASEMENT AND RESTRICTIVE COVENANTS-) DULY RECORDED IN OFFICIALS RECORDS BOOK 12843, AT PAGE 1002; OFFICIAL_ RECORDS _ BOOK �28 3; AT PAGE 1279 AND OFFICIAL -RECORDS WOK 14 397 AT PAGE 82; ALL OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID CERTAIN PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 8, BLOCK: 104 SOUTH, AMENDED MAP OF BRICKELLIS ADDITION TO MIAMI ACCORDING TO THE PLAT_ THEREOF RECORDED IN PLAT BOOK "B" AT PAGE 113 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING PARTICULARLY --DESCRIBED AS FOLI, C2 THAT CERTAIN EXTERNAL AREA AT THE MOST NORTHERLY CORNER OF SAID LOT 8, FORMED BY �w AN ARC OF 30 FOOT RADIUS, CONCAVE TO THE SOUTHEAST, THAT IS TANGENT TO THE NORTHERLY AND WESTERLY BOUNDARIES OF SAID LOT 8 CONTAINING AN -AREA OF 193 SQUARE FEET,_ MORE OR LESS. SAID TRACT I CONTAINING 82,691 SQUARE FEET MORE OR LESS OR 1.898 ACRES MORE OR LESS. (2) 28. The Applicant shall give notice to Richard P. Brinker, Clerk, Dade County Circuit Court, 73 West Flagler Street, Miami, Florida 33130, for recording in the Official Records of Dade County, Florida, as follows: a) That the City Commission of the City of Miami, Florida, has issued a Development Order for the S.E. 8th Street and Brickell Avenue Project, a Development of Regional Impact located at approximately 801-944 Brickell Avenue, being All el"l0rr--vi 4 rN r r r r and-3:3 , 'v�6G�iE--sv v..�-t, r - Y ET g z�---- �"z HiAIG16 r IcAh amend -ea' reeer at Beek "B" at Page 343, the a e-- - j 1 Fieri-dar lying West ef OTHXr1l1[SW01A\i267N. AX"IIol" 94- 597 eenveyed to the r' : t £ —lta aii1� — svz i�.i frev street rss�srp—se s, S f- 1-ed- e3�recerd ice-O€ --ate-Rees--sBorb 976 rat d g a -r r- H OR - 9 A 8-: 3;—tea,. i b i l e • Pade Geunty, FTsvidu-:---,See R t'zr:--3ge--4 I ,ALL ()F q3jjB any 1f ie'ns .'. w...�y «,� a _I cam_--.'~_i�:i=, r-_q vatj'ank_ er A portion of L-.ts 8. 9 and the North 39.30 feet of L:yt 10 Block I04 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 uarticularly described in that certain Deed dated November filed May 26, 1960 in Official Records Book 2076 at Pacre 436 of the. Public Records of Dade. County. Florida, and in that certain Deed, dated December 16, 1959, filed 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, beina more particularly described as follows: BEGIN at the most Northerly corner of Lot 8. Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, according to the Dlat thereof recorded in Plat Book "B11 at Paae 113 of the Public Records of Dade County, i-lorida; thence run South 76" 41' 2211 East along the Northerly boundary of said Lot 8 for a distance of 300.00 feet to the point of curvature of • a curve, concave to the Southwest , having a radius of 25.00 feet; thence run South- easterly, S Orly and Southwesterly along the a:, i said curve, through a central angl 90° 00, 00", for a distance of :�,. 27 feet o the paint of tangency, said point "being on the Westerly Right -Of -Way boundary of South Bayshore Drive; thence run South 130 18' 3811 West along the last described line 17 annrcsraa»r. nai m.. 7 94- 597 for a distance of 230.44 feet to a point; thence run North 76° 41' 2211 West for a distance of 325.00 feet to the noint of ,intersection with the Westerly boundary of said Block 104 South; thence run North 13° 18' 38" East along with last described line a distance of 255.44 feet to the POINT OF BEGINNING, containing 82,884 square feet, more or less, or. 1.902 Acres_. more or less LESS AND EXCEPTING THEREFROM THAT CERTAIN PROPERTY DEDICATED TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF FLORIDA AND THE CITY OF MIAMI. FLORIDA BY INSTRUMENTS (DEDICATION - GRANT OF EASEMENT AND RESTRICTIVE COVENANTS)DULY RECORDED IN OFFICIAL RECORDS BOOK 12843 AT PAGE 1002"; OFFICIAL RECORDS BOOK 12893; AT PAGE 1279 AND OFFICIAL RECORDS BOOK 14 397, AT PAGE 82; ALL OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA: SAID CERTAIN PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 8. BLOCK 104 SOUTH, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B" AT PAGE 11�3 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA BEING PARTICULARLY DESCRIBED AS FOLLOWS: THAT CERTAIN EXTERNAL AREA AT THE MOST NORTHERLY CORNER OF SAID LOT 8 FORMED BY AN ARC OF 30 FOOT RADIUS CONCAVE TO THE SOUTHEAST THAT IS TANGENT TO THE NORTHERLY AND WESTERLY BOUNDARIES OF SAID TAT 8, CONTAINING AN AREA OF 193 SQUARE FEET, MORE OR LESS. SAID I CONTAINING 82,691 SQUARE FEET MORE OR LESS OR 1.898 ACRES MORE OR LESS. a. All proposed specific changes to the nature, phasing, and build -out 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 8 {TM►111[tldNX"J". l \{{/ 1 {/M 4- 597 of units; and other major characteristics or components of the proposed change; Not applicable. 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; See Number 13 above: The legal description for Phases 2 and 3 of the DRT have been deleted. Number 13 of this Application provides the revised legal description for Phase 1. The total acreage is now 1.898 acres more or less. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; Not applicable. as 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 Not applicable. 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. Not applicable. .TMAItlMN\ita7M.1\.a/ N/.7 W � alll\011liatti.a\i7a7N1\aa/la/.7 I AFFIDAVIT 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 indifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers 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 submitted in conjunction with this affidavit are true and correct. Further Affiant seyeth not. (SEAL) (Nave) Lucia A. Dougherty Sworn to and Subscribed before me [l this '�� y of 19 i 20 � F ��� � jUNE H DAMS s°� NOTARY PUBLIC STATE OF FLORIDA og COMMISSION NO. Not ry Public, State of Florida at Large Y COMMISSION D(P. Ov, 2 1 1995 My Commission Expires: 9 4— 597 OWNER'S LIST Owner's Name Equitable Life Assurance Society of the United States Mailing Address 801 1-,� ickell Avenue, Suite 806, Miami, FL 33131 Telephone Number (305) 372-• 1600 Legal Description: See attached Exhibit "A" Owner's Name Mailing Address Telephone Number t(-gal 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: Street Address Legal Description none Street Address Legal Description Street Address Legal Description ; + DISCLOSURE OF OWNERSHIP f I ' 1. Legal description and street address of subject real property: 801-899 Brickell Avenue, Miami, Florida i I See attached Exhibit "A" I 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami 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 !2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested j parties, together with their addresses and proportionate interest. Equitable Life Assurance Society of the United States owns the property 100%. Equitable is a public corporation. I 3. Legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. i None I I- j- OWNER 0 ATTORNtY 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 /1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority t ecute the Disclosure of Ownership form on behalf of the owner. (SEAL) (N Lucia A. Dougherty SWORN TO AND SUBSCRIBED before s /L ` day of this 1, 19y a blic, State of Florida at Large MY COMMISSION EXPIRES: JUNE H DAVIS 22 Personally know �� oM�NNZLMOR 1DA W COMMISSION �CQ�PI�/. 2t,9995 94 97 EXHIBIT "N' t •r:. Lair � ........ .............................. .. ..... .. .,... LEGAL, DESCRIPTION u.• titer. TRACT I OFFICE TMOR AND PARKING ©ARAGI A portion of Lots 8, 9 and the North 39.30 feet of Lot 10, Block 104 Bouth, AMENDED NAP OF RRICKELL'S ADDITION TO XIAXI, according to the Plat thereof recorded in Plait Book "B" at Page 113 of the Public Record® of Dade County, Florida, lying Neat of the Right -Of - Way for South Sayshore Drive conveyed to the City of N•ia mi for street purposeae, said. • Right -of -dray being more particularly .described In that certain Dead 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 1�6,.1959, filed May 16, 1960 under Clerk's File No. 60R- 94813, in Offictdl Records Book 2076 at Page 441 of the Public Records of Dade County, -Florida, being more particularly described an follow®: BEGIN at the Most Northerly corner of Lot 8, Block 104 South, AMMMED MAP ©F SRIC.ULL' R ADDITION TO MIAMI, according to the plat thereof recorded in Plat Book "B" at Page 113 of than Public Records of Dade County, Florida; thence run South 760 411 22" East along the Northerly, boundary of said Lot 8 for a diatatnce of 300.00 feet to the point of curvature of ag curve, concave to the Southwest, .having a radius of 25.00 feet; thence run Southwesterly, Southerly and Southwesterly along the arc of said curvy:, through a ' central. angle of 909 00, 00", for a distance of 39.37 feint to the point of tangency, . said point being on the Westerly Aght-Of- Way boundary of South Sayshn ie Drive; thence run South V 18' 38" West along the last describ line f a distance of 230.4 feet to �6 a point; thence run Rortty ® 4' _ 1" Oraest for a dis•ancs of 325.00 feet to the point of interp . in with the W-esterly boundary of said Block 104 South; th, -un North 136 18' 38" East along the last described line a d; a of 255.44 feet to the POINT OF BEGINNING, containing 82,8f,.-are feast, more or less, or 1.902 Acres, more or less. LESS AND EXCEPTING THEREFROM THAT Cam.:' 'AIN PROPERTY DEDICATED TO THE DEPARTMENT OF TRANSPORTAT'If"'N OF THE STATE OF FLORIDA AND THE CITY OF MIAMI, FLORIDA BY.INSTRUM=NTS (DEDICATION - GRANT OF EASEMENT AND RESTRICTIVE COVENANTS) DULY RECORDED IN OFFICIAL RECC.iRDS BOOK 12843, AT PAGE 1002; OFFICIAL RECORDS BOOK 12893, AT PAGr 1279 AND OFFICIAL RECORDS BOOK 14 397, AT PACE 82; ALL OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID CERTAIN PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT .8, 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, FLORID, BEING PARTICULARLY DESCRIBED AS FOLLOWS: .THAT CERTAIN EXTERNAL AREA AT THE MOST NORTHERLY CORNER OF SAID LOT 8, FORIrIED.BY AN ARC OF 30 FOOT RADIUS, CONCAVE TO THE SOUTHEAST, THAT IS TANGENT TO THE NORTHERLY AND WESTERLY BOUNDARIES OF SAID LOT 8; CONTAINING AN AREA OF 193 SQUARE FEET, MORE OR LESS. SAID TRACT I CONTAINING 82,691 SQUARE FEET nnvr nR LESS OR 1.898 ACRES MORE OR LESS. m 94- 597 i STATE DEPARTMENT OF 2 7 4 0 CENTERVIEW DRIVE • TALL LAWTON CHILES ec /�� Governor K L_ June 24, 1994 Mr. Joseph McManus Deputy Director City of Miami Planning, Building and Zoning Department 275 NW Second Street Miami, Florida 33128 oNG & ZONING DEPT OF Fg lPiLD1M4%19 COMMUNITY A,� i.ilica;.h 7J�..-L'Ut! a [ . FLORIDA 3 2 3 9 9- 2 1 00 IRS LINDA LOOMIS SHELLEY Secretary Re: Brickell Square Phase I (a/k/a-Tishman-Speyer) DRI; ADA-1183-024; Notice of Proposed Change Dear Mr. McManus: The Department has received a copy of a request dated June 16, 1994, for a substantial deviation determination for the- Brickell Square Phase I development of regional impact (DRI) submitted by Ms. Lucia Dougherty on behalf of Equitable Life Assurance Society of the United States. The Department is presently conducting its review of the proposed change. After a preliminary analysis, we do not concur with the applicant's claim that the proposed change is consistent with the parameters identified in Subparagraph 380.06(19)(e)2., Florida Statutes (F.S.), and that therefore the City is not required to hold a public hearing to make a substantial deviation determination. The applicant ind...r:ates that the proposed change will delete the portion of the leg l description which applies to Phases II and III of the DRI. This change does not meet the criteria of Subparagraph 380.06(19)(e)2., F.S., which involves the numerical thresholds of Sections ':% 06(19)(b)1-15, F.S., or the extension of phase or project bu. .;ut by less than three years. The Department believes tha._ ..he change meets the criteria of Subparagraph 380.06(19)(c)3., F.S., which requires a public hearing to make a substantial deviation determination. Staff is presently reviewing the notice of proposed change. 25 The Department will inform the City of Miami if the Department will attend the public hearing. If you have any questions or EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT 94- 597 DRAFT July 7, 1994 I Lucia A. Dougherty, Esq. Greenberg, Traurig, et al. 1221 Brickell Avenue I Miami, Florida 33131 Re: Proposed Qualification of Brickell Square as a Phased Project Dear Ms. Dougherty: i { This letter s in response to your letter of April 27, 1994, in which you requested qu.,lificatior as a Phased Project. Pursuant to your request on behalf of Equitable Li=>° Assurance Society of the United States ("Equitable"), we intend to subsequently qualify the property located at 801-999 Brickell Avenue and described in Resolutions 83-695, 85-1060, 89-410, and 92-597 as a Phased Project as conditioned below), in order to permit the sale of Phase I to a different entity while maintaining the same plans. Subsequent qualification as a Phased Project will be incorporated on the I attached site plan which will contain the qualification; legal description; references to Sections 1701, 2502 and the covenant; references to Brickell jSquare Development of Regional Impact Phases I, II and III per Chapter 380, Florida Statues, being Resolutions 83-695, 85-1060, 89-410 and 92-597 and a pending amendment, and a chart describing the permitted uses and parking and loading spaces (floor area in square feet and numbex of spaces) by Phase. As you know, there is a concern that all phases of the project, regardless of ownership, maintain sufficient levels of parking, loading and open space, therefore this proposed qualification as a phased project will only be approved with the following conditions: 1) approval of the pending Development Order Amendments; and 2) a covenant running with the land, which guarantees sufficient parking, loading and open space to all phases of the project, be filed and record, in a form acceptable to the City Attorney and the Director of Planning, Building and Zoning, within 6 months of the approval of the pending Development Order Amendments. 27 Page 1 of 3 94- 597 i The proposed designation as a Phased Project is pursuant to Section 2502 of Zoning ordinance 11000, which defines Phased Projects and Lots as follows: Phased Project_ A Phased Project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any project which meets such requisite shall establish the maximum development capacity for the subject property. At the time of qualification by the director of the planning, building and zoning department, {as required below, such projects shall be owned by a single entity 1 or subsidiaries of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and may be considered as one (1) project for the purpose of calculating zoning requirements. Individual phases of such projects which reach the MUSP thresholds as established in Article 17, shall also comply with all the I conditions contained in section 1701(11). A phased project must be qualified by the director of the planning, building and zoning department, at the written request of the property owner(s). The recipient of this qualification shall be responsible for the distribution of development rights within the boundaries of the subject property, subject to limitations of this Zoning Ordinance. I N Lots. A lot is defined as any platted lot(s), tract(s) or parcel of land, intended as a single building site or unit, or as a phased project, having an assigned number or numbers, letter or letters, or other name through which it may be identified for transfer of ownership for development, subject to the requiraTents, limitations and exceptions of Chapter 54.5, i Subdivision Regulations, section 54.5-11 building permits; issuance; restrictions, exceptions, of the City Code, as amended. In no case of division or combination by private action shall any residual lot be created which does not meet the requirements of this ordinance and other applicable regulations. ! Pursuant to your letter, you stated that the project will be developed in phases (of which Phase I has already been developed); contains a minimum of three (3) acres; has established the development capacity as outlined in i Development Order Resolutions 83-695, 85-1060, 89-410 and 92--597; individual phases of the project comply with all the conditions as set forth in Section 1701 of the Zoning Ordinance as well as all other applicable Zoning Ordinance { and Cade regulations; and at the present time, the project is solely owned by Equitable. 28 94- 597 Page 2 of 3 Through a designation as a Phased Project, and approval of the pending Development Order amendments, Equitable will then be permitted to sell Phase I, and the property as a whole (Phase I, II and III) can be developed as one site for zoning purposes pursuant to Resolution Nos. 83-695, 85-1060, 89-41.0 and 92-597. Upon subsequent designation of the property as a Phased Project, j and conditioned on the above referenced proposed covenant, it will then not be f necessary to obtain Class C or Class II Special Permits for sharing of loading berths or parking between the three phases. As long as all applicable code j requirements are complied with, any subsequent private agreements reached between the owners of the phases will not require separate special approval by the City of Miami. Please call me if you have any further questions. Sincerely, 1 Sergio Rodriguez, AICP cc: Joseph McManus, Deputy Director Joel E i,Taxwell, Deputy City Attorney Juan Gc:...:alez, Zoning Administrator Lourdes- azyk, Planner II i f C 29 Page 3 of 3 SERGIO RODRIGUEZ, AICP Director C RV of �ff IT T tamt ANi of, � I.t.11 111111 p u n Cr p^Co. F4�� July 11, 1994 Franklin, Marbin & Adams, P.A. c/o Evan R. Marbin 48 East Flagler St. Penthouse 104 Miami, FL 33131 One West Flagler Lot 16, less North 40 feet Blk 115 Miami North PB B-41 CESAR H. ODIO City Manager Dear Mr. Marbin: Pursuant to your letter dated July 11, 1994, concerning the above mentioned property, please be advised of the following. The current Zoning designation of the site is CBD (Central Business District). The CBn designation allows rettal commercial establishments as a permit-,.d principal use. Therefore, since the property is currently being utilized for rental of retail establishments, the property is conforming to our present zoning code for uses allowed. For your benefit, I am enclosing a copy of the CBD regulations. For information on any pending or issued zoning violations, you must contact the Downtown NET office at 579-6007. If further Zoning information is required on this matter, please call our Zoning information counter at 350-7960. V ry truly ya /"Juan C. GonzgZoning Admin JCG: tc Enclosure i/ 31 cc: Zoning file 9 4— 597 Central file nl A klOOM1/• of- Planning and Zoning Division n P�RT(UFNT '9 , N6W 7nri rorppt M arni Finrida 33128 Tifia of tauti SERGIO RODRIGUEZ, AICP Director • nnn nm • f'CCL, F VpQ � CESAR H. ODIO City Manager May 23, 1994 . •y Ms. Lucia A. Dougherty, Esquire Greenberg Traurig et al 1221 Brickell Avenue Miami, FL 33131 RE: Brickell Square Phase I, II, III ` 801-899 Brickell Avenue Dear Ms. Dougherty: This department has been requested since an opening conference of April 11, 1994 to qualify this project as a multi -phased project under Zoning Ordinance 11000, Section 2502, so that Phase I can be sold. Departmental staff has agreed that this is the appropriate route to take (see Planning, Building and Zoning ietter.of April 18, 1994) but we have had a continuing concern that .in approving a proposed multi -phased project, there would be a) a de facto amendment of two development orders, and their amendments, previously issued per Chapter 163. F.S. or b) a transfer of development rights, for which .the City's Zoning Ordinance now makes no provision, except in certain instances, as a special exception. Pertaining to the proposed phased project, please clarify the following . question: 1. Assuming, for purposes of this letter only, that the project qualifies under "phased project" in Section 2502, Zoning Ordinance 11000, how does it meet the requirements of Section 2105.2.1 and the 2nd paragraph of Section 2105.3? How can the project travel under both Zoning Ordinances 9500 and 11000? Pursuant to our conference of April 11, 1994, and your letters dated April 27, May 13, and May 18, 1994, we do not have sufficient information to evaluate your request, specifically the chart dated May 10, 1994, enclosed in your letter of May 13th. =lease clarify the following questions pertaining to the May 10th chart. 33 Page 1 of 4 94- 597 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 2. Legal Description. Are these legal descriptions applicable before or after your request? Note that the area of Phase II (90,181 s.f.) differs from the development order (91,299 s.f.). The area of Phase I, is legally described as all of lots 8-13: Is the Phase I area, which is intended to be sold, different than the development order? 0o you need to amend both development orders? Is the total net area of lots 8-13, 210,409 s.f.? 3. Phase I: "As -Built" Building vs Development Order The development order limited the building to 399,265 s.f. and 841 parking spaces. The chart describes the "as -built" area as 458,272 s.f. and 707 parking spaces. Why these discrepancies? These questions are also being referred to the Building Official for conformity to building permit procedures and to the Acting Zoning Administrator for conformity with Zoning Ordinance 9500. 4. Phase I Development_ Limit. It is difficult to see how the Phase I "carry over FAR" of 12.,728 s.f. is justified; this department cannot agree to this transfer of development rights from Phase I to Phases II and III. Phase I is either limited by the development order to 399,265 square feet of building and 841 parking spaces or is limited to the "as built" building of 458,272 square foot with the possibility of increasing the "as built" 707 parking spaces to the 841 parking spaces specified in the development order. 5. Maximum Building vs Parking Ratio. Assuming, for purposes of this letter only, that the maximum building allowed is 1,373,064 s.f. (458,272 + 455,000 + 459,792) and that parking spaces are being supplied at a minimum ratio of 1 per 1,000 s.f. then: --Phase I with 458,272 s.f. and 707 parking spaces has a parking ratio of 1 space per 648 s.f.; --Phase II with 455,000 s.f. and 710 parking spaces has a parking ratio of 1 space per 640 s.f.; --Pha.se I1a with 459,792 s.f. and 205 parking spaces has a parking ratio of 1 space per 2,243 s.f.; --Phases II and III (in combination) have 914,792 s.f. and 915 parking spaces or a parking ratio of 1 space per 1,000 s.f. Phase I and Phases II and III (in combination) meet the parking requirements of the development order and Zoning Ordinance 9500, subject to the Acting Zoning Administrator's interpretation of whether the parking garage in Phase I can be utilized by patrons of phases II and III (as is contemplated) a) freely; b) pending a special exception or c) amending the development order if this constitutes a transfer of development rights. As a minimum, however, this department sees a need to bind Phases II an III together because of the different parking ratio, especially the substandard ratio for Phase II. I 6. Truck Loading Berths. Phase I was supposed to have 2 interior and 4 exterior loading bays, and from the chart (May 10th) has 4. Please clarify if the approved plans called for the provision of exterior truck loading bays for Phase I. , Assuming, for purposes of this letter only, that the 4 berths now provided meet the requirements of the development order for Phase I, then it is difficult to follow the reasoning contained in the. May 10th chart. The development order for Phases II and III requires loading areas of 5,000 j s.f. for 9 berths. Please supply any ,justification for your belief that the total requirement for Phases I, II and III is 5,000 s.f. and 9 berths, as shown in the May 10 chart. When these two questions above are satisfactorily resolved, then the questicn of adequate service to all three phases by truck loading berths per Zoning Ordinance 9500 is being referred to the Acting Zoning Administrator. This department's position is that there was an agreement on the number of truck loading berths. Tf Phase II and III, individually or in combination are underserved, tl,rn the question is also being referred to the Acting Zoning Administrator of whether trucks and tractor - trailers can freely use truck loading be-ths in Phases I, II and III (as is contemplated); a) freely; b) pending a special exception or c) by amending the development order. The answer affects the decision on qualifying a multi -phased project. 7. Open Space, Pedestrian Open Space, and Plaza. For the proposed qualification of a phased project, it wo_°;d appear that the open space, pedestrian open space and plaza areas .awn in Phase I and "for three phases" in the Phase II & III developmF order should be divided among the phases. Upon this proposed division the allocation will be referred to the Acting Zoning Administrator to ee if they conform to Zoning Ordinance 9500. Also, .please give your viewpoint on the following questions. Does this allocation of open space etc. among three phases constitute a de facto amendment of the development order? Also, there appears to be double -counting between the two development orders. For example, is the pedestrian open space of 86,792 s.f. for Phases II and III in addition to, or meant to supersede, the pedestrian open space of 52,164 s.f. in Phase I? In the April 11th conference, it was tentatively agreed by the Department of Public Works ai7.d the Acting Zoning Administrator that there was no need to replat to conform to the dimensions of the phased project. By copy of this letter, the Department of Public Works and the Acting Zoning Administrator are being requested to confirm their positions. 9 4 -- Page 3 of 4 7 If these questions can be satisfactorily answered, this department will certainly endeavor to meet your May 25th deadline by issuing the letter, a draft of which was contained in your April 27, 1994 letter. Sincerely, i o ph W. McManus Deputy Director j FAXED: May 23, 1994 cc: Adrienne Freisner-Pardo Greenberg Traurig et al 1221 Brickell Avenue Miami, FL 33131 Sergio Rodriguez, Assistant City Manager Santiago Jorge -Ventura Building Official/Deputy Director Planning, Building and Zoning Department Juan C. Gonzalez, Acting Zoning Administrator Planning,, Building and Zoning Department Roberto Lavernia Planning, Building and Zoning Department James J. Kay, Deputy Director i Department of Public Works I 36 94- 59 Page 4 of 4 "` GflEENBfBfi I fl fl � B I fi Adrienne Friesner Pardo 305-579-M May 18, 1994 ELIVERY Mr. Joseph McManus Deputy Director, City of Miami Planning, Building and Zoning Depart. 275 N.W. 2nd Street, Third Floor Miami, FL 33128 Re: Brickell Square - Phased Development Designation Dear Mr. McManus: i .ii,�u.cic✓ c�rr ofM:,A,Iy� rcn�klhc aEPr, 94 MAY t 8 P11 3i 59 ru LO Pursuant to our letters of April 27 and May 13, 1994, enclosed herewith is the site plan and zoning information for Phases I, H and ffi of Brickell Square. At this time, we are requesting that Brickell Square be designated as a Phased Development Project pursuant to Section 2502 of the Zoning Ordinance which defines a Phased Project and a Lot. We would appreciate a response by Wednesday, May 25, 1994, since Equitable Life Assurance Society of the United States is waiting for this answer before it proceeds with the sale of Phase I. Thank you very inuch for your Lme and attention to this matter. Please call me at 579-0683 if you have any questions or need any additional information. Sincerely, 0 4, t � � Adrienne Friesner Pardo cc: Ms. Susan Hawken Mr. Jack Lowell Mr. Mitch Alvarez Mr. Sergio Rodriguez Ms. Catherine Carlson , G. Miriam Maer, Esq. Robert H. Traurig, Esq. Lucia A. Dougherty, Esq. 94— 597 GREENBERG TRAURIG HOFFMAN LIPOFF RuSEN & QUENTEL, P.A. 1221 BRICKELL AVENUE MIAMI. FLORIDA 33131 305.579-0500 FAX 305-579.0717 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE fiNfENBfflG I B fl V fl I 6 Lucia Dougherty 305-579-0604 Mr. Joseph McManus Deputy Director City of Mianu Planning, Building and Zoning Depart. 275 N.W. 2nd Street Third Floor Miami, FL 33128 Re: Brickell Square Dear Mr. McManus: Pursuant to our meeting of Monday, April 11, 994, on behalf of Equitable Life Assurance Society of the United States ("Equitable"), we are requesting that the project for Phases I, II and III which were approved pursuant to Development Orders Resolution Nos. 83-695, 85-1060, 89-410 and 92-597, be designated by the City of Miami as a Phased Project. By designating it as a Phased Development, my client will then be able to sell Phase I to another entity, and the sale of Phase I will not prohibit Phases II and III from being developed as outlined in Development Orders Resolution Nos. 85-1060, 89-410 and 92-597. It is our belief that this site can be designated as a Phased Project as defined in Section 2502 of the Zoning Ordinance, since the project will be developed in phases (of which Phase I has already been developed); contains a minimum of three (3) acres; has established the development capacity as outlined in Development Orders Resolution Nos. 83-695, 85-1060, 89-41.0 and 92-597; and at the present time the project is solely owned by Equitable. For your consideration, we are also enclosing a proposed stamp to be placed on the site plan designating the project as a Phased Development Project. We would greatly appreciate a response as soon as possible. My client hopes to have the proposed certification by May 1, 1994. Attached for your records are copies of ap GR£ENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL. P. A. 39 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579.0500 FAX 305-579-0717 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE NEW YORK WASHINGTON, D.C. 4 �+ 4 Mr. Joseph McManus April 27, 1994 Page 2 Resolutions referred to in this letter and a proposed response. As soon -as the architect completes the floor area ratio calculations for each Phase, we will transmit them to you. Please call me at 579-0603 if you have any questions. ( Sincerely, � cia Dougherty cc: Mr. Jack Lowell Mr. Sergio Rodriguez Ms. Lourdes Slazyk Ms. Catherine Carson G. Miriam Maer, Esq. Robert H. Traurig, Esq. Adrienne Friesner Pardo, Esq. I • I i 40 j 94- 597 1 GREENBERG TRAURIG STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 CENTERVIEW DRIVE • T A L L A H A S S E E, FLORIDA 3 2 3 9 9- 2 1 00 LAWTON CHILES LINDA LOOMIS SHELLEY Governor July 25, 1994 Secretary Mr. Joseph McManus Deputy Director City of Miami Planning, Building ze �Z • ?� �� and Zoning Department 275 NW Second Street .' C'il Miami, Florida 33128 Re: Brickell Square DRI - Phases I, II and III ADA-1183-024; Notification of Proposed Change Dear Mr. McManus: In a letter dated July 15, 1994, the Department informed you that we had reviewed a Notification of Proposed Change (NOPC) for the Brickell Square Phase I development order (DO), and had concerns about the proposed separation of Brickell Square Phase I from the remaining two phases of the project through deletion of a common legal description. A separate NOPC filed for Brickell Square Phases II and III has also requested that Condition 21, which requires all phases to be recorded under a common title, be deleted from the Brickell Square Phases II and III DO. In our letter, we stated that although the Brickell Square development has two DOs, it is one development of regional impact (DRI) and should continue to be considered as such. On July 22, 1994, the Department provided the applicant's representative, Ms. Adrienne Pardo, with draft language (attached) that, if incorporated into both amended DOs, would satisfy the Department's concerns. Ms. Pardo verbally confirmed on July 25, 1994, that this language was acceptable to her client. It is the Department's understanding that the language is also acceptable to the City of Miami. Therefore, based on the assurance that this language will be incorporated into the draft Brickell Square DRI development orders, the Department has no objection to the proposed changes for the Brickell Square DRI and will not attend the public hearing, which has been scheduled for July 26, 1994. When the draft DOs have been amended to include the proposed language, please provide Keri Akers of the Bureau of State Planning with a faxed copy of the amended pages (904 488- 3309). EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT + RESOURCE PLANNING AND MANAGEMENT 94-- 597 j y Mr. Joseph McManus July 25, 1994 Page 2 of 2 { if you have any questions, or need further information, please contact Keri Akers or Jim Snyder at (904) 488-4925. Sincerely, I f j J. Thomas Beck, Chief l Bureau of State Planning I ' JTB/ka Attachment cc; (w/attachment) i 1 Ms. Julia Trevarthen Ms. Lucia Dougherty } Ms. Adrienne Pardo f Mr. Joel Maxwell j j i i i ti I i k i I }4 4 Proposed language to be added to Brickell Square Phase I DO after the existing Findings of Fact: The project as defined immediately above (formerly known as Tishman-Sneyer)._is the first phase of the approved Brickell Square development of regional impact and has been completed. The entire Brickell Square development (Phases T II and _III) shall be cualified as a Phased Project by the City of Miami pursuant to Section 2502 of Zoning Ordinance 11000. Add into the section entitled "The Applicant Shall": If a change is proposed to the development order of Brickell Square Phase I. the Notice of Proposed Change must cumulatively address the impacts of all phases of the Brickell Square Proposed language to be added to Brickell Square Phase II and III DO after the existing Findings of Fact: The nroiect, as defined immediately above, includes the second and third phases of the approved-Brickell Square development of regional impact. The entire Brickell Square development (Phases I II and III) shall be qualified as a Phased Add into the section entitled "The Applicant Shall": If a chance is proposed to the development order of Brickell Square Phases II and III, the Notice of Proposed Change must cumulatively address the impacts of all phases of the Brickell Square development of regional impact, as currently approved when the Notice of Proposed Change is submitted.