HomeMy WebLinkAboutR-94-0786U
J-94-883
10/14/94
RESOLUTION NO. 9 4- 786
A RESOLUTION READOPTING RESOLUTION
NO. 94-597, ADOPTED JULY 26, 1994, WHICH
AMENDED 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; DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF PLANNING,
BUILDING AND ZONING TO TRANSMIT A COPY OF
THIS RESOLUTION AS DESIGNATED HEREIN.
WHEREAS, Resolution No. 94-597 was adopted by the City of
Miami Commission on July 26, 1994; and
WHEREAS, in order to meet all requirements of
Chapter 380.06, the applicant is requesting that Resolution
No. 4-597 be readopted;
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 are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Resolution No. 94-597, adopted July 26, 1994,
is hereby readopted.
CITY COMMSSION
NIEETUMIG OF
O C T 2 7 1994
Resolution No,
Section 3. The City Manager is hereby directed to
instruct the Director of Planning, Building an Zoning to transmit
a copy of this Resoluiton, upon full execution, to the Developer-
Applioant, LUCZA A. DOUGHERTY, authorized representative of
EQUITABLE ASSURANCE SOCIETY OF THE UNITED STATES, 1221 Briokell
Avenue, 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.
Section 4. This Resolution shall become effective
forty-six days from the date of adoption.
PASSED AND ADOPTED this 27th day of October 1994.
STOEEPHEX P. CL RK, MAYOR
ATT T•
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
L E. MAXWE
fpUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. Q INN FvS,III
CIT ATTO
94- 786
JEM/mis/bss/M4699
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CITY OF MIAMI, FLORIDA PZ ® I
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INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Mm"rs DATE : Wr 14 1994 FILE
of the City CamLtssion
801-999 Brickell Avenue
SUBJECT : Brickell Square Project
Phaase�s I
FROM : Ces o REFERENCES: Agenda Item, City Casmi 6sion
Cit Meeting of October 27, 1994
ENCLOSURES:
D'** 4 IDi 1�
It is respectfully recamvnded that the City Commission adopt the attached
resolution No. 94-597 which wwnded 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.
BACKGROUND
On July 26, 1994, the City Commission adopted Resolution No. 94-597. The
applicant has requested the City to readopt Resolution No. 94-597, in order to
resolve any issues which may be raised concerning the requirements of Chapter
380.06, Florida Statutes.
94- 786
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J-94-600
T/26/94 94- 597
RESOLUTION NO.
A RESOLUTION AMENDING A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 83--695) FOR
TEE BRICKELL SQUARE PROJECT, PHASE I, LOCATED
*AT APPROXIMATELY $01-999 BRICKBLL AV8NU8,
MIAMI, FLORIDA, & DEVELOPMENT. OF REGIONAL
IMPACT. PURSUANT. TO SECTION 380.06,.FLORIDA
1TATi7TES, AND A MAJOR USE SPECIAL PERMIT,
PURSUANT TO ZONING ORDINANCE NO. 9800, BY:
AMENDING THE .LB'GAL DESCRIPTION OF PHASE I OF
SAID. ORDER TO SUBSTITUTE THE REVISED LEGAL
DESCRIPTION CONTAINED HEREIN; .FINDING 'AND
CONFIRMING THAT SAID CHANGES DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION; MAE XG
ADDITIONAL FINDINGS AND INCORPORATING SAID
FINDINGS IN CONCLUSIONS OF LAW; IN'STRVCTI10
THE TRANSMITTAL OF COPIES OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 83-6951 adopted July 88,
19839 the City Commission issued a Development Order for a
Development of Regional Impact, pursuant to Chapter 380, Florida
statutes, for the Briokell square ,Project located at
approximately 801-999 Brickell Avenue, Miami, Florida,
("Project*); and
WHEREAS, the applicant, Luoia A. Dougherty, authorized
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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
NOtifiOat10n of a Proposed Change to a Previously Approved
94- 786
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94- 597
Development of Regional Impact (DRI) pursuant to Subsection
380.06 09), Florida Statutes, with the Florida Department of
Community Affairs, the South Florida Regional Planning Coon®il,
and the City of Miami; and
WERREAB,' on June le, 199t. the Applicant applied., tor an
amendment to said previously -issued Development Order;'aiid
WHEREAS, -the proposed ameadment does not constitute a
substantial deviation pursuant to Section 380.06(19)(e)(2),
Florida Statutes (1995), and, thus,. in not subject to a
substantial deviation hearing or determination by the City of
Miami; and
WHEREAS, Planning Advisory Board Resolution No. PAS 38-94, r
adopted duly 13, 1994, following an advertised public hearing, by
a vote of nine to zero (9-0), rsoommended APPROVAL of the subject
application for amendment; and
NHEREAS, 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 SY TEE COMXISSION OF THE CITY
OF MIAXI, FLORIDA:
r
Seotion 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 referenoe thereto and inoorporated herein as it fully set
forth in this Seotion.
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94— 597
9da_ 786
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Section 2. Exhibit "A" of Resolution No. 83-698. the
Development Order and Major Use Special Permit for the $riokell
Square Project, in hereby amended in the following vespeots:l/
• � 1t s R
MAZOR US$ SPECIAL PERMIT ,
AND '
DEVELOPMENT ORDER
Let it be known that the Commission of the City of
Miami, Florida, leas considered in public hearing on
July 28, 11983, 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 o, Development
Order for a Development of Regional Impact pursuant to
Section 380.06 Florida Statutes, said major use and
development to be Zonated in the City of Miami, at
apprauimstelY $01-999 Briokell Avenue. being
US Mull
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
r®maining provisions are wow in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
,` 94- 597
94- 786. _
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TER APPLICANT SHALL
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28. The Applioant shall give notice to Rtatard--P
Brtzdcer HarVey HUMID. Clerk, Dade County Circuit Court,
T3 West Flagler Street, Miami, Florida, 33103, for
jj recording in the Official Records of Dade County,
1 Florida, as follows:
94- 597
94-6 786
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a� That the CitY COmmiBsiOu Of the City of Miami/
Florida. has ,issued a Development Order for the 0.8r
Gth Street and Briokell Avenue Projeoto a Development
of Regional zmpaot looated at approximately 801-M
8riokell Avenue; being
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CONCLUSIONS OF LAW
Seotion 3. The development as proposed,
(a) does not unreasonably interfere with the
achievement of the objectives of state land development
guidelines, regulations or plans applicable to the City of Miami;
(b) IS consistent with local Subdivision and platting
requirements; and
(o) is consistent with the Report and Reoommendations
Of the South Florida Regional Planning Council.
section 4. Upon full execution. this Resolution shall be
transmitted to the Developer-Applioant. LUCIA A. DOUGHERTY,
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authorized representative of EQUITABLE ASSURANCE SOCIETY OF TEE
UNITED STATES, whose address is 801 Brickell Avenue, Suite 806.
Miami. Florida 331S1; In. Carolyn Dekle, Executive Director,
South Florida Regional Planning Council. 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida 33021; and tie, Linda L.
Shelley, Seoretary, Florida, Department of Community Affairs, 2740
Centerview Drive, Tallahassee, Florida 32399.
94- 597
-10- 94- 786
Section 8. This Resolution shall beoome effective
forty-eix•(46) days from the d&te of adoption.
PASSED AND ADOPTED thla 26th day of JuLCnK.
1684.
ST$PHE;q. LMAYOR
AT
ASA TY RIRAI, CITY CLERK
PREPARED AND APPROVED BY:
JOEL E. MA
DEPUTY CITY ATTORNEY
M4481/JEM/mis/oak/bes
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APPROVED AS TO FORM AND
CORRECTNESS%
A. QV J S, a
CITY ATTO
e7
94- 597
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94- 786