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Home My WebLink AboutR-94-0786.1J-94-884 10/14/94 RESOLUTION N0. 94- 786.1 A RESOLUTION READOPTING RESOLUTION NO. 94-598, ADOPTED JULY 26, 1994, WHICH AMENDED A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 83-1060, AS AMENDED BY RESOLUTION NOS. 89-410 AND 92-597) FOR THE BRICKELL SQUARE PROJECT, PHASE II AND III, LOCATED AT APPROXIMATELY 845-999 BRICKELL AVENUE, MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES, AND A MAJOR USE SPECIAL PERMIT PURSUANT TO ZONING ORDINANCE NO. 9500; 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. 94-598 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. 94-598 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. 94-598, adopted July 26, 1994, is hereby readopted. CITY COMMISSION MEETING OF OCT 27 "14 R"Olutiou No. 94- 78641 Seotion 3. The City Manager is hereby direoted to instruot the Direotor of Planning, Building and Zoning to transmit a dopy of this Resolution, upon full exeoution, to the Developer-Applioant, LUCIA A. DOUGHERTY, authorized representative of EQUITABLE ASSURANCE SOCIETY OF THE UNITED STATES, 1221 Briokell Avenue, Miami, Florida 33131; Ms. Carolyn Dekle, Exeoutive Direotor, 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. Seotion 4. This Resolution shall beoome effective forty-six days from the date of adoption. PASSED AND ADOPTED this 27th day of October 1994. AT MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: VL-E. MAXWEDITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: K. QFNN O ES, III CITY ATT EY ST PHEN P. CL44M, MAYOR JEM/mis/bss/M4700 -2- 94 - 786,1 CITY OF MIAMI, FLORIDA Pz 2 INTER -OFFICE MEMORANDUM Honorable Mayor and Mm&ers To: of the City Commission DATE : OCT 14 1994 FILE 845-999 Brickell Avenue SUBJECT : Brickell Square Project Phases II and III 10 FROM : Ces O REFERENCES : Agenda Item, City Commission Cit Meeting of October 27, 1994 ENCLOSURES: •; 1 IDi I9 . is It is respectfully recam-ended that the City Commission adopt the attached resolution No. 94-598 which amended a previously approved Development Order (Resolution No. 85-1060) for the Brickell Square Project, Phases II and III, located at approximately 845-999 Brickoll Avenue, Miami, Florida, a Development of Regional Impact, Pursuant to Section 380.06, Florida Statutes. On July 26, 1994, the City Commission adopted Resolution No. 94-598. The applicant has requested the City to readopt Resolution No. 94-598, in order to resolve any issues which may be raised concerning the requirements of Chapter 380.06, Florida Statutes. 94 - 786.1 Teta TCNKF �yf[MI�RISCS I ,,�g�, SRI r SDm5 � 00iCKELL KE r ' 0 ' • w 0r/ � ! ' 0UGHTON I $040 19 FAR. 2. r q f! i•+• d 44' 8RIC t It�rr r• r• tai3n ft y "y 'i F'AR f -CLAUGH sE. "'• •t r. ••.,,, t•� ISLAND tt •i am to e/ N r• Z4 t O ! rr ! )t la I • r $ ST - - '' N 4 r'4c t Nr j • • r • :` . • W S #' I r • •�,,,� TRACT t �• ' r . 00 t 3fi w 3i t n li • rr, r tr rt r < fit t 1 : t�y15 �f i ' s ,4 j1 >. •A, of 9 ST 3 E 4 ST I s• t . • • •i• r �.Itlr� + t Q 't' t Tt 72 � � 'r • n to a. �tt ft ' .. S.W, p ST Q S J °; 74 :• ° O ; • r • r ter. I::F a a r # S► • • 4 f i.• S.W. r • r • t •1 ST. r • 404 tx .,1f YShCrk •°• I i r; . , .•.. O dEt $ t(11 a t ST 6 •94,r a f r � �r•I t ��,; 4. ,r • 1 t : r !! S, RR r f t Q 5C�/TH&DE ELE.M r is yur r? *Ry. w S Pty SCHOOL m N t...kM. t)r tit �••w.S T SE, 13 ST s t. • • s . r t. a d� aq b01 ��Sl f �t u .• q rr t• '4CY. . , to tpp • rr se a •r, r 1 r = t Lu 14 SL y '•• t� .! r t• I Ott ra » `1 • r'i 14 5w. t4 rERR , ,9tE r U 1`44ea4. ZA s Sj 78-6.1 is' 94— r. pwA. ,j SLc, . . . . . . . . . . R.- I.Fi . .... . . . ...... t5 94- 7 Inn I J-94-601 7/26/94 RESOLUTION N9 4 ` 598 A RESOLUTION AMENDING A PREVIOUSLY APPROVED DEVELMENT ORDER (RESOLUTION NO. 88-1080, AS AMENDED BY RESOLUTION NOS. 89-410 AND 92-897) FOR. TER BRICKELL SQUARE PROcTECT, PHASES II AND 111, LOCATED AT APPROXIMATELY 848-999 BRICSELL AVENUE, MIAMI, FLORIDA. A ' DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES, AND A MANOR USE SPECIAL PERMIT. PURSUANT TO 20NING ORDINANCE NO. 98000 BY: AMENDING THE LEGAL DESCRIPTONS OF PHASES II AND III OF .SAID ORDER TO SUBSTITUTE THE REVISED LEGAL DESCRIPTIONS CONTAINED HEREIN; AND TO DELETE CONDITION NO. 21 OF THE ORIGINAL DEVELOPMENT ORDER WHICH REQUIRED A UNITY OF TITLE; FINDING THAT SAIDCRANGES 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; AM PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 80-1060, adopted Ootober 10, 1985, the City Commission issued a Development Order for a Development of Regional Impact, pursuant to Chapter 380, Florida Statutes, and Major Use Special. Permit, pursuant to Zoning Ordinance No. 0500. for the Briokel.l Square Phase 11 and r r III Projeot looated at approximately 848-999 Srickell Avenue. Miami,. Florida, ("Project*); and WHEREAS, pursuant to Resolution No. 89-288. adopted April. 17, 19B8, the City Commission amended the timing of the project by ohanging the oommenoement of Phase II to November 1991; Phase III to June 1995, and completion of the project to 1993 from June 1987 and January 1991, respeotively; 94- 78611 CITY COM47SSION WEETUIC OF JUL 2 6 1994 9 C-7M 5 W8 M WHEREAS, pursuant to Resolution No. 92-897, adopted B®ptember 24. 1992, the City Commission amended the timing of the project once again by changing the commencement of Phase -1I to May loge; Phase III to December 1999, and completion of the project to December 2000; and by further ohanging the bane of the applicant and providing that the number Of on -site parking spaces shall not exceed 1,622 epaoes; and WEEREAS, this project vas originally approved under Zoning OrdiustOe NO. 9600, and pursuant to Section 2303 of Zonin¢ Ordinance No. 11000, continues is that status; and VIBREAS, the applicant, Lucia A. Dougherty. authorized representative of EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES ("Applioant"), now desires to change the legal description and remove one of the -conditions imposed on the Project and consequently desires to amend said previously issued Development Order; and WHEREAS. on May 13. 1904, the Applicant filed a Notification Of A Proposed Change to a Previously Approved Development of Regional Impibt (DRI) pursuant to Subsection 380.06(19), Florida Statutes, vith the Florida Department of Community Affairs, the South Florida Regional Planning Council, and the City of xi.ami; and WHEREAS, on May 13, loot, 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), -a- 786.1 nA. Cnn Florida Statutes (1993), and, thus, is not subjeot to a Substantial deviation hearing or determination by the City of Miami; and 1XnZAS. Planning Advisory Board Resolution No. PAB 39-94, adopted July 10, 1994, following an advertised public hearing, by a vote of nine to sero (9-0), reoommended APPROVAL of the eubjeot application for amendment; and iPHERSA6, 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 Conolusions of Law are hereby approved, oonkirmed, and adopted by reference thereto and incorporated herein as if fully Bet forth in this Section. Section 2. Exhibit "A" of Resolution 65-1060, dated October 10, '�1985, as amended by Resolution No. 89-410, dated April 17, 1989 and Resolution No. 92-897, dated September 24. 1992, of the Briokell Bgoere Project are hereby amended in the following respeots:l/ 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. -s- 94- 786.1 04— goo " 1 • DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT BRICKELL SQUARE: PHASES It AND III s Let it be known that the Commisaion Of the City of , I Miami, Florida, has aonaidered iu public hearing on October 10. 1988; the issuance of a Development Order for a Development of Regional Iwpaot pursuant to Section 360.06 Florida Statutes, said development to be located in the City of Miami, at appro81mately 845-999 Briokell Avenue, being LEGAL DESCRIPTION FOR PHASE 11 All that portion of Lot-11 except the North 5:20 46.23 feet thereof and Lots 12. and 13, Blook 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, a000rding to the plat thereof rsoorded in Plat Book "B" at Page 113 r of the Public Reoords of Dade County, Florida, lying vest of the right-of-way for South Bayshore Drive conveyed to the City of Miami for street purposes, said right -of -Val being more particularly described in that certain deed dated November 18, 1959, filed May 28, 1960, in Official Records Book 2076 at Page 436 of the Public Reoords of Dade 94_ 786.1 n • 06 n n County. Florida, and in that certain deed, dated Deoember 16, 1959, filed on May 16, 1980 under Clerk's File No. SOR-94813, in Official Reoorde Book 2076 at page 441 of the Public Records of Dade County. Florida. containing an area of 02,-3199 00,151. square r feet more or less. LWAL DESCRIPTION FOR PHASE IYI r All that portion of Lot 10 euoept the North 95-$e U - 30 feet thereof and the North t4a-29 AG - 73 feet of Lot 11, Blook 104 South, AMENDED MAP OF BRICK='S ADDITION TO MIAMI, according to the plat thereof reoorded in Plat Book "B" at Page 123 of the Public Reoorda of Dade County, Florida, lying west of the right-of-way for South Bayshore Drive conveyed to the City of Miami for street r purposes, said right-of-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 Reoords of Dade County, Florida. and in that certain deed, dated Deoember 16, 1959. filed on May 16. 1960 under Clerk's File No. FOR-94813, in Official Reoords Book -8- 94- 786,E 94- 598 2078 at page 441 of the Public Records of Dade County, Florida, containing an area of 37,537 square feet more or less. Issuance of this Major use Special Permit meets the requirements of Ordineuoe 9500. the zoning Ordinance of the City of Miami. THE APPLICANT, ITS SUCCESSORS, ANDS%OR ASSIGNS JOINTLY OR SEVERABLY WILL 201,Reserved, -B- 94- 786.1 94- 598 A •1 - -� • 1 a • 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 applioable to the City of Miami; (b) is consistent with looal Subdivision and platting requirements; and (o) is consistent with the Report and Reoommendatione of the South Florida Regional Planning Counoll. Section 4. Upon full execution, this Resolution shall be transmitted Ao the Developer-Applioant. LUCIA A. DOUGHERTY, authorized representative of EQUITABLE ASSUMCB SOCIETY OF THE UNITED STATES, whose address SS 801 eriokell Avenue. Suite 606. Miami, Florida 33131; No. Carolyn Dekle. Rxeoutive Director. South Florida Regional Planning Council. 3440 Hollywood Boulevard, Suite 140, Hollywood. Florida 33021; and Ms. Linda L. Shelley. Secretary. Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, FL 32399. ;9 4-- 7 &G .1 � 94- 598 Section S. Thio Resolution shall become . effective forty-six (46) days from the date of adoption. PASSBD AND ADOPTED this. 26th -day , 1994. Caw= *EPHH0EVCLARK,.1KUAYM0R ".-C PREPARED AND APPROVED'RY: DE TY CITY ATT4NEY M4482/JEN/mis r r 14 APPROVED AS TO FORM AND CORRECTNESS: CITY ATTOR 94_ • 86.1 0 94- 598