Loading...
HomeMy WebLinkAboutR-92-0597J-92-221 7/6/92 RESOLUTION NO. 9 2_ 597 A RESOLUTION, WITH ATTACHMENTS, AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION 85-1060, ADOPTED OCTOBER 10, 1985, AS AMENDED BY RESOLUTION 89-410, ADOPTED APRIL 27, 1989, ATTACHED) FOR THE BRICKELL SQUARE PROJECT, PHASES II AND III, LOCATED AT APPROXIMATELY 845-999 BRICKELL AVENUEr A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES, AND A MAJOR USE PURSUANT TO ZONING ORDINANCE NO. 9500, BY: AMENDING CONDITION 27 OF SAID DEVELOPMENT ORDER BY CHANGING THE COMMENCEMENT OF PHASE II TO MAY, 1996 AND PROVIDING FOR A COMPLETION DATE OF DECEMBER 2000, AND PHASE III TO DECEMBER 1999, AND PROVIDING FOR A NEW COMPLETION DATE OF THE PROJECT TO DECEMBER 2000 (FROM PREVIOUS DATES OF NOVEMBER 1991r OF JUNE 1995r AND 1997, RESPECTIVELY); BY REVISING FIGURE 1 TIMELINE ACCORDINGLY; BY AMENDING CONDITION 28D TO CHANGE THE TERMINATION DATE OF THE DEVELOPMENT ORDER TO DECEMBER 33u 2001, FROM DECEMBER 1996; BY CHANGING THE NAME OF THE APPLICANT TO EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES; BY AMENDINs CONDITION 1 TO PROVIDE THAT THE MAXIMUM NUMBER OF ONSITE PARKING SPACES SHALL NOT EXCEED 1,622; BY AMENDING AND EXTENDING THE MAJOR USE SPECIAL PERMIT IDENTICALLY; FURTHER FINDING AND CONFIRMING THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION AS WELL AS ADDITIONAL FINDINGS, AND INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW, INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE HEREIN NAMED PERSON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution 85-1060, October 10, 1985, t-he City Commission issued a Development Order and. Major Use Special. Permit for the Brickell Square Phase II and III Project. located ATTACHMENTS) CONTAINED CITY COMMISSION MEETING OF S E P 2 4 1992 Resolution No. 92- 597 at 845-999 Brickell Avenue, a Development of Regional Impact, pursuant to Chapter 380., Florida Statutes, and a Major Use Special permit pursuant to Zoning Ordinance 9500; and WHEREAS, by Resolution 89-255, April. 17, 1989, the City Commission changed the timing of the Project, by changing the commencement of Phase II to November 1991; Phase III to June 1995, and completion of the project to 1993 from June 1987 and January 1991, respectively; and WHEREAS, this project was originally approved under Zoning Ordinance 9500 and per Section 2105 Zoning Ordinance 11000 and continues in that status; and WHEREAS, the applicant, Equitable Life Assurance Society of the United States has assumed the interests of Tishman Speyer/Equitable Joint Venture, and now desires to change again the timing of the project and consequently desires to amend the previously issued Development Order; and WHEREAS, on November 27, 1991, the applicant filed "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI) Subsection 380.06(19), Florida Statutes" with the Florida Department of Community Affairs, the South Florida Regional Planning Council and the City of Miami; and WHEREAS, on November 27, 1991, the applicant applied for an amendment to the previously issued Development Order and Major Use Special Permit; and -2- 92- 597 WHEREAS, this project is part of the base of the Downtown Miami Development of Regional Impact Development Order as a permitted development and there is no need to reserve development credits; and WHEREAS, per Section 380.06, Florida Statutes there is a presumption of substantial deviation for this requested time extension which can only be rebutted by clear and convincing evidence to the contrary; and WHEREAS, the Planning Advisory Board on March 11, 1992, Item No. 3, recommended APPROVAL of the time extension in a 9 to 0 vote; and further recommended a finding of no substantial deviation; and WHEREAS, the applicant is also desirous of amending Condition 1 of the Development Order to provide that the maximum number of onsite parking spaces not exceed 1,622 and identically amending the Major Use Special Permit; and WHEREAS, the City Commission considers this 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, ccnfirmed, and adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Exhibit "A" of Resolutions 85-1060; dated October 10, 1985 as amended by Resolution 89-410, dated April 17, -3- 92-- 1989 (attached) the Development Order and the Major Use Special Permit for the Brickell Square Project Phases II and III Project is hereby amended in the following respectszl/ FINDINGS OF FACT WITH MODIFICATIONS THE APPLICANT SHALL: 1. Incorporate the following into the project design and operation to minimize the cumulative impact of project traffic, and its associated pollutant emissions, or air quality and energy uses: Not exceed 1,622 onsite parking spaces as determined b parking space trip generation rate set forth in the Brickell Square Parking Analysis. THE CITY SHALL: 27. Incorporate into the Development Order for Brickell Square a timeline showing the project phasing, specific elements of the project plant and conditions of the Development Order which are to be met in each phase or by other dates. For purposes of tais timeline, Phase II shall commence in Nevember,�- 1991 May, 1996, Phase III shall commence in june, 1 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. -4- 92- 597 P December, 1999 and the project shall be completed in 1997 2001. All other conditions shall be in accordance with the schedule provided in the timeline (figure 1). 28. Require, within 30 days of the effective date of the Development Order, recordation of the Brickell Square Development Order with the Clerk, Dade County Circuit Court, pursuant to Section 380.06(14), Florida Statutes (1984), specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns jointly or severally, and shall include the following: a. That the City Commission of the City of Miami, Florida, has issued a Development Order for the Brickell Square Project, Phases II and III a Development of Regional Impact located at 845-999 Brickell Avenue. b. That the Developer of the Brickell Square Project is Tishman Speyer/Eqtitable Joint Venture Equitable Life Assurance Society of the United States, with offices at 777 Brickell Avenue, Miami, Florida 33131. C. That the Development Order with any modifications may be examined in the City Clerk's Offices, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133. d. That the Development Order constitutes a land development regulation applicable to the property; -5- 92- 597 that the conditions contained in this Development Order shall run with the land and bind all successors in interest; it being understood that recording of this notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice of any of the same. This Development Order shall be considered null and void L]e......mber- of December 31, 2001, unless actual construction work, excluding grading or excavating, is substantially under way on that date. CONCLUSIONS OF LAW The Brickell Square Project Phases II and III, proposed by Tishman Speyer/Equitable joint 'Venture Equitable Life Assurance Society of the United States, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami; and The proposed development is generally consistent with the Report and Recommendations of the South Florida Regional Planning Council and does not IM. 92- 597 unreasonably interfere with any of the considerations and objectives set forth in Chapter 380, Florida Statutes. Changes in the projects which do not exceed development parameters set forth in the Applications for Development Approval and Report and Recommendation of the Regional Planning Council shall not constitute a substantial deviation under Chapter 380, Florida Statutes notwithstanding City zoning approvals which may be required. The phasing schedule changes to the original Brickell Square Phases II and III DRI Development Order set forth herein do not constitute a substantial deviation under 'Chapter 380, Florida Statutes (Supp. 1988). * if Section 3. The proposal is not affected by, or have an effect on, the Downtown Miami Development of Regional Impact Development Orders (Resolutions 87-1148 and 1.149; December 10, 1987). This project is a permitted development assumed to be in the base of these Development Orders. Section 4. The City Manager is hereby instructed to direct the Director of Planning, Building and Zoning to transmit a copy of this Resolution Lucia A. Dougherty; Greenberg, Traurig, Hoffman, Lipoff, Rosen and Quentel, 1221 c Br�.'kell Avenue, Miami, Florida 33131; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, 3440 Hollywood Boulevard, Su-ite 140, -7- 92-- 597 Hollywood, Florida 53021, and Randall Kelly, Assistant Secretary► Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399. Section 5. This Resolution shall become effective immediately upon its adoption. 1QQ1_ PASSED AND ADOPTED this JA±ji_ ATT MAipff HIRAI City Clerk PREPARED AND APPROVED BY: 4LIX::t�KELLY KEA 0 Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: Y 4 :i t Y= QtApt �yygi� O� it'Nq t141poll 'try .;t'jD p,1�f. ''). � { `+�i { 1,�it�tR`!.'. ;rC Via ! i� •tt J rj ; It Ni rt, 51 i +{ tirt`�,!F. 0%.aL111 r SPl L,r A. lh l{1nc'nRATff► rttRf !• !!t 11F Ni)A "y`� T,( RE r,+lg1 AFA1 8 A4 pt Aq`j .N'i ^ ntt4i l!. , t { FOR li1A Rte tO R L HfRf1U AS U(0011 qr Rifft!fN' f }t1S ;Fr lWaRp(,jAlftln NEREINtua! ?of, 1N'►1• QR Y. ,I��et 1r" ` AW S f 4r,i: 4•,LF'�rSI T. T' gipt111t', .j ntDc.' tt. .q• pot 4 4tljli)r ttlp if -. 1 tY.p,t , jr 4hL.i!i n•1, wyf � s+;hit :•�. tete i Yi *ishrean-�;pry^r'f=lui' �� to . !1nv�'topmc'!'- ins Region+tl t!:plact �ppti:at.icrS for if<vgtopt d,pprot:�1 a+1.QR C,lbri;ia t tonal rileRirtg council pursuant to See'.ivn 1 t"+e nth clorid& R g ro osed Aevelbv'!ent nAatlgn for a p P and did receive A favorable ret0 endations of thr South ilnrl, State»rs. f st F in the Report and R°�" grdrr .as set forth (� field On Regiaa+aI Planning Council; and meetin Advisory Ssb'Ir•d. '-t its Hiami Planning pAS aHfREAS. the ted Resolution No• 1gH5, following an adve" iscd hearing, adop ;epteMnbcr 4• gq.f15 by a la to n ,recora!p"riding apprgval with nvdifications of the Oevriopct ionil Imp and Advisory Board, has be," : of Reg7. act; he liiami olanneng A AS., a reco dati on from t and iced by Or $� i hearing gctgber'10� as requ a public itsjon has conducted ,P �� jhtEAS • the C i ty..Co eel al pMni# t and the A lication for Major Use Sp, {; having consideMO the PA the Report and Reoopnidi!t� for 0evelo-"Wnt Approval and Application J { Sou Regional Pi annini# Counc th florid& i 1 C an4 City_Ct>�'isslon t►as`,. �ter'mii+ed. that all i�ga1 t^ , the., IV e he" sawp it advisable and it OR T >. Char• rGoa�isson detaas .Mi "i to of .� Eral, weffa+�e'. of irhe C ty the 3e :Af r , !:. r h?rPinafter s,�t fortht," +d• ` �1�. �l e nniri with eLiPravai f, a A4, ihP city S.tMiFait9ttw+ net 3{ s1 ii i 17a • Rbii qrr 1Auttahi snisgt •l411u rt hat rtTtrrr) to Utr the SENis bT ii, - E•Unai �. h„+Ir! er�,n+{netEiy a?,h10 „Cf fif sg Cody• 5 in9• pursuant to Ye+tiun 154`•!.? ,yf h: ,it.y aff ehouSr , dabir V rtt tl:Atil. 4 Rs`plVii! ,!r ?fIF t�tirtl'",' iCq -,t {ii 1' s iA'fi • E1 he - n.�'tr, wi f. 1, roiek t; >r,tgYPli ty detrrmin,�d that the grp•iEc.t F-- r the iExnisSion has a, Nrighborhoc>d Plan. the edoptrd Miami Lomprenr^Sivr with has determined thit. the •, r1 �cL is in acCnrd with p, The Gornnission ordinance district zoning classiflcetinn of 1.oninq the oct would net create that tha, grci,i. I c• The City Commission finds _tnimel life'. �� advrrSf' impact on All qu +! ' y. :;I"?unA writer, 5; ,its, •tisnosat• and Vrgetation. west'' wats'r r.n�.ar,: ,, ;,, ;oltd w•,te impactsy19 Id have a num further finds that it wouber of positive intiudin9= tl end Ill will total (11 The tosts of construction of Phases iEy30 approximately 5116 million and requite a : total of t R7t or c101.117.065 will be spoof °S employees. ApproxiiaatelY reach 2,749. with a ,t in the region. permanent employment may �3 Y being relocated iron within the regand 700 OW g '- 2,049 rf!5ent $66 million could roe created jobs• A^ estimated >' to the reg tonal economy. ` value added 2.H million dollars to taxing surplus of over t2) An annual Burp Miami 999,3i1 fot }` a jurisdictions with approximately a -i it 5753,7]5 for the ScSchooi Dis>rict+ a ix r County, 5 f��21 for Oade Meter Nanagewent ills#riot FloriAa§ $41+745 for the South find specdistricts comeined. , t� - roved by the &P0l'c"t , i should bs iwp .. v--� jltcesr sod circulation `d southbod left turnkla�t_�E,f�' a0nt�ri buti 0ntarar, E ii at Qlt at gricke11 Avenue/S. E 10 $ tr t d sl �ilte rmmdian at Oritk'a11 Wet►ing �� � r iaf $+ sgad4i' Oriire► and the t^dstripif►p , f r4rm S • ' � t ilrbnut tP S M. 3 "J►vani • foie a Olt r a . ` ,i too _m i w. .. 7: .. f�G�iR�'..i38.1:ii�'' .�_� .:T �?IrCF ti. k.H .. .... i;Aa4 #..,�„emu r.Gdif:.• . �,.�,• fill ral"itsion grin f IaAa ihs a t�rnrtt+1r t,wp4, t On the economy of t lli rl� °tt will have + thw city, and 1 prtljrct willrificlrnfly usr Auntir tr�Aspnrtatinn lam` (*cilStirt: d^d 1 .lifer►. the, -rd for prnpl^ to nt Will faVI) Y t` 1 l tl lhn pa1^ct th; tr ,llcr'• ,' f,nd adr,ttaatr house^q rrrst+rahlY �, r:rsathtr t^ l f4$ pf rf"f�ny'`M'nt.; ;�ni e no(PS51r (ql The, prolrtt will rfficirn'lY usr Y fecilities; anti �'�— 151 Thr, project wits have a favnrahle ir,pact on the environment Ind and natural rrsour{es of the t.ity; ct living conditions in Pr ect veil not fdvrrsOy affe !bl The P j _ the neighborhood: Ind , 1 +f f tt t ;111ti1 j : 4At„LY ; dhi 171:. The s,rriw{t Y _ ,., nerd for the project. "} J� w i$1 that there is a puhi attached Section 2. A DeveloD^+ent Order and Major Use Special Permli, - hereto as Exhibit 'A' and Made a part thereof by reference. approving with a�otli#1Cations, thr. Brickell Square Project Phases II and 1II, a Developafe nt df .r - + .. tonal Impact, proposed by 7tshman-Speyer/EQtiitabte ' Joint... Venture. <far - Rl9. al description on- file with the { M5_999 Bric, ell Avenue (leg ape >ji tcl� �` ; and the %aiott is , Owl 'and Zoo of Pl_anMngng Boards Administidl1Wt), rr hereby granted and issued. .p .' Approval as .' Section 3. The Cansolid ated Application for Develo ment is incorporated herein by x - Y' revised pursuant Lo Condition. 15 Exhibit "A' duties -- —1 b the P arRies in discharging their statutory ,. rd reference and relied upon y Substtittial 06, Florida Statutes and local ordinances' _ un+tler .Section 380. licatiotrt' ti•� 4� representations contained in she tgipliatite with the 5T orif#tdy ; f: ya1, JS, a condition for approval unless waiatiad ,^ 13ettel ma's Appro. City aApplicant, its succetsOri.snd/or assigns, M egree►t among the Council. y }} p faintly an4;refblyf nations of she South Flgrida -_ i tit/n • . QP d ItecO� f —' s ncll, ♦tit hsrsto as Exhibit°$°. •are incorporkt� h,t� e• i i1ti11 Dit fit V� of apprOtttt3l develapMeat order. Coss in interest.�< �, Jpy►1lNnt! at+�. � �IiC - � k 5 .rk .,? fi F i A t , n jalhnrltr'1 dn! A+r,, tn� T;t 4wItA rlrr► i�. h rrlfy ' Sptttnn ,, tht r.1cy �hn y1r,rlQ� i)pC�r't"!rmt of r. ' ,-` rrt11lhd ttl,., if lhtt t+r�t?l,ittnn tnly to, �t,v} t r r ri tl t•,.tnnr~�r M.i�s�n`�nt, # yrtP�'[t+t i,`.,l : a.'lk�ltlty kitxlrR. 7 lli, the Sr,Utr, rlortdr t-iv t,vn'.rr (.trti lr' 4,l41. R11ihA SSP.C, t lorfia r-�t, `t,•l, .) u;zj lywr O,T1 ,„AT t!l lr �`ir- err, rv1 LAhle .lnTnt Vanturr?, 5deyhr f' _ :1t,•iA3 !?nTt', a�i ttthr,n., �iCy+ "1 t 1r,+taa " P+roperties, "? grlckt.11 Rvelnur'. !!i ,M5 � Ol "iihhraASw � � ih� rriltaTs of fnct ri�irrrC'f t' in the hrrn+n 5rctt�n 7. =_ Al h A th"Ant. c16�sps am tour And correct anA n+r . n'lrt PASSED ANQ 110QPTEi1 this _l tl' day of -iTAllaiLf� ' A AT APPROVED A5_t0 AND - co; PREPARED AND APPROVEQ.BY; r t , t *. i 62iX.AT KEV'sr; CITY ATT KEY t 5 iAiiT t k t� VC *PzW PLANNING FACT SHEET APPLICANT Lucia A. Dougherty, Attorney for Owner Equitable :;fe Assurance Society of the United States: LOCATION APPROXIMATELY 84S-999 BRICKELL AVENUE (BRICKELL SQUARE PROJECT: PHASES II i III) LEGAL DESCRIPTION Phase II - That part of Lot 11 less N. 43.29 ft. and that part of Lots 12 and 13 lying westerly of the westerly right-of-way line of S. Bayshore Drive, Block 104 South, BRICKELL ADD AMEND (8-113) PROC. Phase III - That part of Lot 10 less N. 35.86 ft. and that part of the N. 43.29 ft. of Lot 11 lying westerly of the westerly right-of-way line of South Bayshore Drive, Block 104 South, BRICKELL ADD AMEND (6-113) PRDC. PETITION Consideration of amending a previously approved Development Order (Resolution 85-1060, October 10, 1985 as amended by Resolution 89-410, April 27, 1989) for the Brickell Square Project Phases II and 111, approximately 845-999 Brickell Avenue, a Development of Regional Impact pursuant to Sec. 380.06 F.S., and a Major Use pursuant to Zoning Ordinance 9500; by amendingg Condition 27 changing the start of Phase II to May, 1996 and providing for a completion date for Phase It of December, 2000, by changing the start of Phase III to December 1999; and completion of the project to December, 2000, from November, 1991, June 1995, and 1997, respectively; by revising Figure 1 Timeline accordingly; by amending Condition 28d to change the termination date of the Development Order to December 31, 2001, from December, 1996, by changing the name of the applicant to Equitable Life Assurance Society of the United States; by amending Condition 1 to provide that the maximum number of onsite parking spaces not exceed 1,622; by amending and extending the Major Use Special Permit identically; further finding and confirming that said changes do not constitute a substantial deviation after reviewing appropriate rebuttal pursuant to Section 380.06 Florida Statutes; finding that said changes are not part of the Downtown Development of Regfonal Impact Development Orders (Resolutions 87-1148 and 1149, December 10, 1987), and PLANNING incorporating said findings as conclusions of law. RECOMMENDATION Approval. BACKGROUND In 1985, the Commission approved a Development Order for a ORI and MUSP for Phases II and III of the Brickell Square Project (Phase I has been completed). In 1989, the Commission issued an amendment extending time frames, by changing the commencement of Phase II to !November 1991, Phase III to June 1995 and completion to 1997 from June 1987, June 1991 and 1993 respectively. The present request is to again extend the phasing of the project by changing the commencement of Phase II to May 1996, the commencement of Phase III to December 1999 and completion of the project to December 2001. At its meeting of March 11, 1992, the Planning Advisory Board adopted Resolution PAS 16-92, by a vote of 9-0, recommending approval of the above. On April 23, the Commission remanded the item to the Planning Advisory Board for reconsideration. Concerns were expressed by the Department of Community Affairs and the South Florida Regional Planning, Council as to the proposed extension deadline, and its impact upon the applicant's obligation to contribute toward affordable housing, and the number of Parking spaces. DCA concerns led to the stipulation of a build -out date for Phase II of December 2000 and the addition of a condition requiring that total onsite parking spaces for the project would not exceed the 1,622 spaces indicated by parking trip generation rates. Incorporation of these previously unadvertised changes now requires a second review by the city Commission. APPLICATION NUMBER 92- 4 05/19/92 PAS 06/10/92 Item t 1 Page 1 92-r 597 ANALYSIS This second request for a time extension has triggered Sec. 380.06 (19)(c) F.S. by which a presumption of substantial de�iat on is automa�ically created for time extensions in excess of five years. This presumption may be overcome by clear and convincing evidence to the contrary. The requested change would extend the deadlines for commencement of Phases II and III. A finding of no substantial deviation is recommended based on the following: 1. The project itself remains unchanged; all impacts are known, identified and mitigated; 2. inception of the Brickell Extension of Metromover will reduce the traffic impact; and 3. the Downtown DRI Development Orders assume Brickell Square Phases It and III in the base data; subsequent increments extending past the year 2000 forecast, and permit, additional development in excess of 10 million square feet. These extensions should be granted because: 1. The local market will benefit from the project; the downtown vacancy rate is aver 251% and is stable; 2. No other proposed office levelopment will oe hindered or penalized if this project is given a time extension. The Brickell Avenue Bridge over the Miami River will be replaced at the same time as the construction of the Brickell Extension, starting in 1993 and being completed in 1995. APPLICATION NUMBER 05/19/92 92- 92" 50 PAB 06/10/92 Item / 1 Pgge 2 PLANNING ADMORY BD At its meeting of June 10, 1992, the Planning Advisory Board adopted Resolution PAB 23-92, approving the above by a vote k of 9-0. One reply in FADux was received by trail. f CITY COMMISSION At -its Meeting of July 16, 1992, the City Commission continued the above. INDUSTRIAL W VI Lj a 2 a = 0 S.W. o RESTRICTED — COMMERCIAL RESTRICTED COMMERCIAL Ilillllll< HIGH ST. DENSITY V�' MULTI z FAMILY � RESIDENTIAL U _~_ Iilll 4 RECREATION o MAJOR ' n. PUBLIC y a FACILITY . MULTI v; 11 OFFICE 1 RESTRICTED COMMERCIAL �• I 14 ST. E_I% JF :utvaeRVATION all v �v Ac OFFICE HIGH DENSITY MULTI FAMILY W RESIDENTIAL �A'111T 2- 597 DRI AMENDMENT - BRICM-L SQUARE PHASES II and III Approx. 845-999 Brickell Ave. PAB 3/11/92 s / 9 •e , V too 00 t 0 1 1 S t b 1 A 310+ s t' t e 7 1 TV X A 38 Too 2 4 5 4 7 • to • S j, r f.: 8RIC ` ' • ' .It► a Q o K c A 38 13 to 1 12 •J 14 10 16 Ir rt r, 07 r p t►e — 9 17 1• It 20 to 22 N /� r• rr r• t SE • �R►Ck ..�,,. 7 r• tic, ADDl710 k � f + • T • 0 4 2 2 3 4 'S • 7 • 1• IT 1• It t0 1 w 11 It 17 14 1t I• • A r. .. Nq SHE rorr 0 so 1a z: o r2 , 13 gC S� f S.Ee--g'�s o T A. •;i 1 4 JLI� 567 1• It LLA 2 tl t 1C Tr • 9 S T S.E. -9 ST o tc • ° 8 u so 3'e1 I! rt � t 7 • S. •i 'x ; t S t 1• • o I o • 72 q ,� 1�1 t ° ° I 10 7 i• U to tI !t x1 k: 15 n - + c !I� � - r4 . 1t ° 0 1 � W7= 10sta� �s r3. -;,I 1 9 7 e s• . c Sr G ° Ii- s °P ° o r 11 4 3 m t d °_ 104 1 8t:, t N. p -o lr '7 1• 1t 20 21 22 2J x 6 2t t Q Q oO00 I r ACE t� ST °. WACf A" S ,� r Q ° T I 6 4 1 2 1 � % � •re•�e ° sH°° O (1 R f " A' O. ` o �� W ST. 6 - ° _ s o BRIE o° 1 • 7 t •: 4 1 t O 1 S N 100 FO sr+oR R E PRO 'A' co SUgq ELEM. � 21 22 23 .o Mur� °o Z cQ _ SIOP `1 in o �0 0 SL �e 'E o° o o 7,�7�i HIi@@ A DRI m B T. S.E. 13 S T. p _. ere BRICML SQUARE ° PHASES II and III s. 2 ,R �,: A o s�Ben, - k• 9 2— 597 7 V I SIOR rE Approx. 845-999 TRA Cr_q ,e Brlckell Ave. 21 K IT i's zo o 100 r U • PAB 3/11/92 , L W6 tt of ter nip SERGIO RODRIGUEZ, AICP Director y,�f Pao rYl„ F4� 05/18/92 Carolyn A. Dekle Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 u CESAR H. ODIO City Manager Re: APPROXIMATELY 845-999 BRICKELL AVENUE (BRICKELL SQUARE PROJECT: PHASES II & III) Dear Ms. Dekle: Pursuant to Section 380.06 (19)(f) 3 F.S., notice is hereby given of a public hearing on Thursday, June 25, 1992 , at which the Miami City Commission will consider amendments to a previously -approved Development Order for the APPROXIMATELY 845-999 BRICKELL AVENUE (BRICKELL SQUARE PROJECT: PHASES II & III) a Development of Regional Impact (See attached notice). Further, the Miami Planning Advisory Board will consider their recommendations in public hearing on Wednesday, June 10, 1992 at the same location (see. attached notice). The applicant, Equitable Life Assurance Society , submitted a notification of a proposed change to a previously -approved Development of Regional Impact on November 27, 1991 . By your letter of January 3, 1992 you informed this department of your intention to participate in any public hearing to consider these amendments and requested that your agency be so noticed. If you have any questions, please contact Catherine Carlson, City Planner of this Department, at 579-6086. iTtaerel y , Sergioidriguez, AiCP� Directo� Attachment cc: Joseph G. Goldstein, Attorney for Owner Florida Department of Community Affairs Division of Resource Planning and Management k6 Bureau of Land.and Water Management fV 2571 Executive Center Circle East Z Co Tallahassee, Florida 3230011-8244 9 0 Teresita L. Fernandez Hearing Boards Division %p Planning, Building and Zoning Department = w - �C 92- 59'7 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Jr L. All -Arne to t:. 1ndr.v• 1rr:n + tl narru.v ••. (,. Har.h trtr Ha•a .sAn 1, Rrnr,.r,l -► t' Ihdrou r► h. tlbu.m ..,•.1 Ilr••;man ,rtrl. 1{, th.otan. Jr •: llrunin • t:huut\.• M,Cobb Frao\ C'.►d..rn .rrt A..1.1 Ca•Illlu .n r. Ulmund •Ia 1. V.-ti hrR♦ lid .\. I'u.lmun �Laa ti. t:rk ,trnnrin F:delm.tn :i.rin s 1..itar, III ary M E,.•tr••• u'a+ne ritlerman ,Ill lirtle Font " tdru•nne L. Frlv.n-r Rul•ert C rant T•,•rews GArna rndy CArris nirhard C. tiarr'rlt 11man K. Ulm J.•frrev ("inert I.Jeric L. Cildan lirurk H. Gilt••IJrin Richanl J. C.u.16 I.u.•rrocr Codarakp Van $. linlrl 1n.•I K. Goldman 'tt•vrn E, Goldman Ateven N. G.dJ•mdh Joarph C. C.•6latnn Steven N. G..odmen Joseph G. Goldstein 30S-S14.0609 HUN %litl4 • II. L,,r..�n aurr J, l:uttlw In..on. t:rernlw•rtf ltrlvtn N. Gvreh.•rt �andrs P. Grrenblatt rtul,t in I.. t'ro.•mun 9aruits 11,I1411 P.1•pr 1. ItArlw•r 1•-1er J. Won llbrrru M Ilernanti-r C. I IernundevLurn•.•tn 11'4113nt I'. Ilr+a Kenneth C. HorrmAn t.Arry J. ilnffman t;rrald J. llov(ihan K.•ith A. James 'llaruu KAlh Nvid '.N. Kenis Timnih• L. Kt•h `tvsrn J. Kravitt Strvon .4. LattJy "Alre. It BY FACSIMILE & HAND DELIVERY Mr. Joseph McManus, Assistant Director City of Miami Planning Department 27S N.W. 2nd Street Miami, Florida 33128 Dear Joe: Y r.l.l % I aurr DA•lJ 11. La••men 1:sn $ UJerman 4—he 14. lArrrbl N„rmon H. talmff 1:jrlo. E. Loa,nw•t 1.1an P. Iaum,.t Bruve E. 1141-4nrinuA It„hrrt P. %tonne \tired J. MalrfatlA In.. Marrero•PrkEutti Pedro J. Mantnrt.Frapa Jrl-1 D. Ma.rr Juan J. Maral. Jr. John T. Mitarr'r L.ut. R. Muntriln Hrrnt L. Muudv Janvt 1.. 011n.0 Nlalirl. R 1)I,rkrr R,rbrrra 11. Oraiul `hen I.. Otlov-Ite May 11, 1992 .0 C.Yt.tnr t( r,•.htf•tl 7tr an J. I'uno Kcr•h.11l R i'a•trtnark I'll ran C. P.lrra• n 11brR (1 Qweltri J•.-i Rrm•lt.n Mark J. R.•i.m,ln Lut. Rents K.•nn.vh B. Rnbin+nn Raquel .%, R..Jrieurt Van It. Anlnil k t star -in!. Ro•rn R.rhard Rovnbauld Rwtal•I Ro..nj2r11.n N-id L. Ruts rear) A. ;out %fArk P. 9rhnapll Chf(urd A. "'rhulman ,'+ul E. Fhapire F.nrnluc $4%$ Marlrer K. Ddverman ilusrl H. Sintrr >t • . 11 t► t tl t� ;Art i, -.tJ.n H-M'I R 5k..in.. a IAiura P. stephr••...n Jlrl 1,. tiw►et` R-beri H Trauma Dnan J a a]•h Itul.ard Q Q IwA►tr llobort C. Q htu. Jr Jrrrldd A. Tt.h RV6fM M. n uU Tim..tht 1) 'L V'(r Irnoln J H,•tfman. ui Co mn t 'titan Sale. in. Af l:nJn.•1 (lrtan J 4h-rr, of Coln=,I Marc 4. %dt+P,l, nl` C,.on..l T.achary 14. 't'ulfr. R••.,rv4 Enclosed please find a copy of a letter from the the South Florida Regional Planning Council (the "SFRPC"), which suggests that Phase II of Brickell Square be completed by December 30, 2000 and Phase III be completed by December 31, 2001. Our client has reviewed the attached letter, consents to develop the project in accordance with the request of the SFRPC and will agree with a condition of approval of the pending application that reasonably accomplishes the intent of this SFRPC request Thank you for your attention to this matter. If you have any questions, please 4p,<& hesitate to call. Sincerely cc: Mr. Rob Curtis Mr. Mark Smith Lucia A. Dougherty, Esq. GRICEROCMt.. TIIACRi,. HI)t t'MAU. Llrorr. KUStV $ QUENT►;L. P.A. n M 59 8 1._1 SBICKUL :1tenz 305.3 �IInMt. FLuIIIOv 3 i131 .9-0300 FaX 303-ST0.O717 f '1�t1'aN J `Ilf� r.xrj;l 17,,b f b5,rt4'LAl:F,!11*?ALr WEST PALM BEACH U[� -i a. iw '% ' A T T O II l[ Y II A T L r Ines mar"ro-Pnepas 305.5 ;'9-QW O J O i April , 1992 1 Mr. Joseph W. McManus Assistant Director City of Miami Planning Department 275 N.W. 2nd Street Miami, Florida 33128 Re: Approximately 845-999 Brickell Avenue/Brickell Square Phases II and III/Application to Modify a Previously Approved Development Order Dear Mr. McManus: I am writing to you regarding to the above referenced application. We have been advised by the State of Florida Department of Community Affairs that the Department has no objection to the use of parking space trip generation rates, provided that the set number of spaces (1,622) is placed in the Amended Development Order as a condition not to be exceeded. In that regard, we formally request that the Amended Development Order, if approved, include the condition that the number of parking spaces shall not exceed 1,622. Should you have any questions regarding the foregoing, please do ' not hesitate to contact the undersigned at 579-0565 cc: Mr. Alex Magee Mr. Rob Curtis Mr. Mark Smith Lucia A. Dougherty, Esq. Joseph G. Goldstein, Esq. 92 59'7 =` CREENSERc, TRAURIC, HOFFMAN. LIPOFF. ROSEN & QUENTEL. P.A. 1221 BRIChELL AVENGE MIAMI, FLORIDA 33131 305-579-0500 FAx 305-5;9-0717 MIAMI FORT LAUDERDALE REST PALM BEACH South�,� sr,r Florida Regional Planning Council May 1,1992 0 Ms. Lucia A. Dougherty Greenberg, Traurig, et. al. 1221 Brickell Avenue Miami, Florida 33131 Re: Brickell Square Phases II and III - Notification of a Proposed Change to a Previously Approved Development of Regional Impact Dear Ms. Dougherty: Staff has reviewed the above -referenced application and is concerned that the extension of project buildout night create additional impacts to affordable housing. As you are aware, staff believes that there is a need for a balance between the jobs generated by the development and the location and cost of housing for those who will be employed within the project. The information contained in the application does not indicate the effect the extension of project buildout might have on this balance. However, documentation has been submitted which indicates that in order to construct Phase III of the project, the developer must utilize the Cary of Miami's density bonus program and contribute approximately $1.2 million to an affordable housing fund. Therefore, based on the documentation submitted staffs concern regarding affordable housing remains only in regard to Phase IL In order to address the concern of affordable housing as it relates to Phase II, staff requests that the buildout date for Phase II be changed to December 30, 2000. The effect of this change will be to shorten the extension of buildout for Phase II below seven years and below the threshold at which it is presumed to be a substantial deviation. In any. event, the proposed buildout for Phase III would not change and can remain as proposed for December 31, 2001. Should you have any questions regarding the foregoing, please do not hesitate to contact me or Rob Curtis. Sincerely, Carolyn A. Dekle Executive Director RCkc CC. Guillermo E. Olmedillo Joseph W. McManus 3440 Hollywood Boulevard, Suite #140, Hollywood, Florida 33021 Broward (305) 96172999, Dade (305) 620-4266, FAX (305) 961-0322 i� 92- 597 bntt�tl�l1 Al10 AAatt.sA,t„LA4W ►, , 12 Transmittal Cover Sheet TO Mr. Joseph W. McManus, Assistant Director Company City of Miami Planning Department Pax Number 358-1452 Phone Number 579-6086 FROM Ines Marrero-Priegues File Number 13298.0101 Comments RE: Brickell S uare Phases II and M. This is the letter. referred to in my letter to you dated 4723 f 92 requesting that the development order be conditioned to limit the number of parking spaces. Please call me or Joe Goldstein of this office upon your review. Thank you. Date April 27, 1992 Time 6:36pm No. Pages Including this cover sheet 2 Please notify us immediately if not received properly at 305-579-0715 or 305-579-0716 The Irdormanon Contained In this tarornlaslon Is money privileged and oonfidental. It Is Intended only for ft use of the Individual or l frnamed abow. I the reader of lhls massage is not the Intended molplank you we 1w. eby no4tfl.d VW arry dl , diebibutlon or copy of this communkation Is aftey prohibited. I you hm reoelrW the oommunksttton In error. please Welty w kn. edial—by teiephone collect and retum the original meesape to us at the address below via the U.S. postal Service. M+e w(reimburse you for your postage. Thank you. 1221 Orkftd tame Mtnti, Ronda =131 305WO-MM Fax 30547MIT 92-- 59'7 I 39H Z69&)I @9@Z'OII Nd 9IHUS110103SO H0SJ; IL It s UD ass p PLIJ °C�r�s, rnrpl STATE OF FLORI DA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CEhTERV1EW DRIVE + TALLAHASSEE, FLORIDA 32399.2100 LAWrON CHILES WILUAM E. SADOW5KI Governor March 6, 1992 Set, tWy Mr. Kahart M. Pinder David Plummer and Associates Inc. 901 Northpoint Parkway, suite 108 West Palm Beach, Florida 33407 Re: Brickell Square; File No. ADA-118,5-056 Dear Mr. Pinder: Pursuant to your letter of February 5, 1992, regarding the Brickell square Office Park Development of Regional Impact (DRI), which outlined the methodology you will use for estimating traffic generation rates and associated impacts, the Department has concluded its review. This proposed methodology will be used to provide additional information in support of the November 27, 19910 notification of proposed change for Brickell Square, wherein the buildout for the DRI is to be extended by a cumulative total of nine years and, therefore, is presumed to be a substantial deviation. In our review process we conducted in- house -analysis in addition to requesting input from the Florida Department of Tranportation, the South Florida Regional Planning Council and the City of Miami. We find that in the highly urbanized setting in which the office park is located, the use of parking spaces to estimate trip generation appears to be an acceptable measure. Other factors applicable to this particular DRI, such as its close proximity to several transit services, also were taken into account. Addtionally, the above mentioned agencies concurred with your methodology. Therefore, the Department parking space trip generation of spaces (1.6221 is placed ,n condition not to )?e exceeded. agreement to this methodology has no objection to the use of rates, provided that the set number the Development order as a Also, please be aware that our is based on the particular 92— .59'7 iME��t ywt��1GFri��l�i+i�i'��`HoUSjI�V��I(NL7tGlo �MUN�TY%r'E1/EIOPMEM' . RF%0t1RCF RANNINrUd . ANf��1��&���rwCPJT1������ �'�V � 6�3 i Mr. Kahart Pinder March G, 1992 Page Two circumstances of this project and does not constitute a policy statement regarding the use of parking spaces for trip generation at other Dni sites. if you have any questions or comments concerning this flatter, please call Robin Branda in the Bureau of State planning at (904) 488-4925. incerely Lea . J 11a A. Magee DR Administrator JAM/ rsb cc: Mr. Ping Chang, South Florida Regional Planning Council Mr. Phil Steinmiller, Florida Department of Transportation Mr. Clarke Turner, City of Miami £ 39Nd NMI ZINI Z-61 IIZ't (HOW) of �Iiantt* SERGIO ROORIGL EZ, AICP Director March 20, 1992 Carolyn A. Oekle Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 RE: Correction of previous notice - BrT-r-T-eTI Square Project: Phases II and III Development of Regional Impact Dear Ms. Dekle: Please be advised that the public heari letter of January 13, 19 2, has been post CESAR H ODIO Gtv Manage. iced to you b i 1 30. 1992. Pursuant to Section 380.06 (19)(f) 3 F.S., notice is hereby given that the public hearing on this item, originally scheduled for Thursday, March 26, 1992, has been postponed to Thursday, April 30 1992, at which the Miami City Commission will consider amendments to a previously -approved Development Order for the Brickell Square Project Phases II and III, a Development of Regional Impact. On March 26, 1992, at the commencement of the planning* and zoning agenda at 2:00 p..m. the City Administration and Law Department will announce that the entire agenda cannot be considered because of lack of advertising. The City Commission will be then be asked to continue all planning and zoning items to the April 30th meeting. The Miami Planning Advisory Board has recommended approval of this item in public hearing on Wednesday, March 11, 1992. The applicant - Equitable Life - submitted a notification of a proposed change to a previously -approved Development of Regional Impact on November 27, 1991. By your letter of January 3, 1992, you informed this department of your intention to participate in any public hearing to consider these amendments and requested that your agency be so noticed. r�Page 1 of 2 92-- 59'7 Planning and Zoning Division / (30S) 579.6066 / FAX (305) 356-14S2 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. Ind Street, Miami, Florida 33120 Mailino ♦rl/inus - P n Rnv 11ATAR / Viami Flnri,lR 11111.n7nR Ms. Carolyn A. Dekle March 20, 1992 Executive Director If you have any questions, please contact Guillermo E. 01medillo, Deputy Director of this Department, at 579-6086 (or SUNCOM 921-6086). ---S i-ncere 1 y, Sergi Rodr AICP Direc or cc: Joe Goldstein Greenberg Traurig 1221 Brickell Avenue Miami, Florida 33133 Florida Department of Community Affairs Division of Resource Planning and Management Bureau of land and Water Management 2571 Executive Center Circle East - Tailahassee, Florida 32301-8244 Teresita C. Fernandez Hearing Boards Office Planning, Building and Zoning Department SR/jw jw/92:002 • i..vmard I..ldl-t 1.•rndn4l•, t... thmvi ' rlAr 1.. ,ttv,trrt :.R.iq 1„ %h•IrrMl rlavtd r %trth '..rla LI R.rr• w A►t•rl f Itereh Iltinrn• I:AtA v:.rm.+n 1 Ilrnl:ud \lark F (lidenu %lark i! Rbntrn { Itlnar,l IIrYKIItJ11 1•rtnrt. 11. q.,,po.. 1r Hell flrnlnn \ry Ghmicke iur N Cohb ! , Frank %.,,ahem %Ibrrt A. drl Catttil.r %Ian T. Maimed I.ata \.Ib.ut[hwrtt Olivid A. Leman %b'+,liam 1t. Fro Krnneth Flieltnen I ht.l.r W F.JKer. III garm F'ittarreen %itrhrllr Fengyco bhwwnr 1. Ftietur. It.,botf t.. Cafy %''en•iv cilrete 11whard t: Gerrett nr.-fn h. %,art lrffrey I.Abrrl Loewe L. Clldan (true* If. I..lao.Klwtn Richard 1• Gnttrn Lawrenro I:ddolfoky %Ian 1, OZ J..wl K. G-sidenon ~burn F,. trddmen ~lawn N. CalJe,nith lntoph I'. I:nld.tan Maven 3. cntwerain lo"ph G. Goldetain Ya3-3794W9 GNffNBEflG �flflVfll6 Mattn►w It. Wan; I t-nelileb nianne Grrcnhrts "-I.in ` Grernbcra Stmlri I+, t:rrwnhlalI It..hert L. t:r.,e.o an hMthern A, flail P tlor A. Flit tier P.to. J. H.nn Ubarr., S1. H►rnaa.l.a 1_. fldrnendas.lmt.tom William T. Iloilo Kenneth C, (lutfman I.terry J. tlorrtnan C►rel.l J• Hnohi'ah Krtrh A 14.•f+. Morelli Aalh Uevtd b Konin Timothy L Ktth Slo—n J. kirkltt* afrt/wn A. I Nn.fy %Ianev. U. La►h Mr. Rob Curtis, DRI Coordinator South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood, Florida 33021. Dear Rob: 4rd.r � 1 :u.rr UevW M t aymtn %I*n �. Le,»rotan Mvthe %i Lehrrield %6tr„ i, f.r•.,n Vntman It. lapmir Earle* L. Lmu,a,et loan 1' l.numtef 91-im" F.• Sleedonaugh R.,h.rl P. Mleginu .Ukad J. Mw!*rKUn In*. M*rrrrn.Prt.R.trr Kedrn J. Slerhnc,..Frat. I•,A U. 1loeer . Ihen J. %lay.tl. Jr. John T %fetrRer I..m., R Wnrtlrllo 11ront L. %t•.ndy Janet L O'llrlal tlnury R. Ulieker n-beck" R tlrand .Short L. Orinwds March 4, 1992 n.4b. %1 tJr.hrftkv Ste.,an J. Nar.hall R. he.lwtn,tek Uyrao t.. Paten... %lhert D t; trenre.l (n•1 R.rofte.n Mork J. Iteteau,, Lan Heller Kenneth U. Roli,tnann Raquel A. Radriguce Mon It. Rolnwit 4arv.,1 •I Rn.rn Iflehavd A, Rm,..'Omfim iton*IJ St. Itnten,lr.hn Utvtd L. slate f;ary A. S*ul Nark P iehn►pp Cltifort{ A. +thulman Peal k. 511410,ro Enrique Silva Wetland K. Sdvortnen ."mart H. Singer t..tv L. - 1.1... Ilclt, tt. �lailt..a, � aUYa N. �l:r he•1....1 1-ri L �taekr. Irttrer Medh�•th 11•.wattl `\ Il Sank»t Roger+ t:. `A'hit..lr. 1• rr"ht .% d'.•1. tl.,hrrl �. to .•11 rimathv V d ,,llt \rneld 1• Heilman. of C.•a•, %flan Salo/tn. -a I.aumet Rrion 1 ikerr, ni (.minr-t Mot.. A4. TatAma...1 t.u.,., 4.'. T.erhary H. R•'.,Ilf. Rttlr-J 5S 19 ITT" I VIM@ I 101 TW IL4111,1111*4 Enclosed please find a letter (dated August 16, 1985) from the architect for the Project referenced above to the City of Miami, which references floor area ratios for the development of the Project. Please note that in order to develop the Project at the density approved in 1985, the developer is required to either contribute a minimum of $1,120,808.00 to the City of Miami Affordable Housing Trust Fund or sponsor construction of 42,030 gross square feet of affordable housing within the City of Miauu. This requirement must be met before any density bonuses could be applied for Project development within the zoning district that governs the Project. Based on the provisions within the City of Miami Zoning Code, it is our client's position that affordable housing needs created by this Project, if any, have been and remain more than adequately addressed by prior consideration of this Project. 92- 597 GotC[IelIfRC, TRAURAG, ROPFMAY, Liporr, BOGEN & QUt81TCL, P.A. l y j/n '� 1221 ARICKSLL AVENUE MIAMI. FLURIDA 33131 306•1i70.0600 FAX 306-679-0717 Mr. Rob Curtis, DRI Coordinator March d, 1992 Page 2 Thank you for your patience as we worked to research this matter. If you have any questions, please call. In addition, Joe McManus, Assistant Director of the City of Mium Planning Department is aware of this matter and was the individual who located the attached correspondence iA City of Miami records. � Very truly, G, Goldstein cc: Mr. Joseph McManus ivir. Mark Smith Lucia A. Dougherty, Esq. 44/6#j"%M\"f1q"A" Auquet: 161 19461 lei ��� ►� yv 1 , �ut►��kt„ u�r�ncis & nt>rt2 t1,•t. j1�,Ci.� blttt:' �� �; • I Mr, John Lef lay': City of Miami Q anni.nq vepartment Third noor 275 H,W. Second Avenue Miami, Florida 33120 - REt Brickell S *are Dear John: We are tholosirg copies of the halt Calculations as per our meeti mq on Thursday Au st 15, 1085. It you havo anj questions, pleasa do not hesitate to coht:act us. Very truly you s, 5 dmore, wl.n e &Idorrill Arnold Psinail gr Ar/jae Enclosures. cc: Jack Lowe 1 Anthony 0 Donnell 330 {Air ON/� srKurr • lvtw ruAK, Ktw VURh 10011? • (213) 1e9.9$00 • ToI.rx 610590 92- 597 Sk[0Ri()if1, vWt ry 11 i.1t,t pra�actt DrIcke).l quare August 161 1905 Pot zoniney Ca culOttiann Three Pha on Net site 325 X 646.42 - 210,136 groae sq. ft, croon sit 410 X 683,41 b 200,202 gross sq. ft. USE o#i'ica OSAH Retail at ground Underground Ptarki USE otti co Of C-31te, esforda t Housing Retail at. ground Undargreund Parki Off ice Retail at ground Level: TOTAL Ezix9mum� g"itted under sp1-5 Max FAR a 3.25 1.00 1 5 �� 28 1, 471.060 Proposed F.A.R+ Creditta Formula F.A.R._,_�_ Dase allowance per SPX -S 3,25 280,202 1.00 8t� 2, 202 40,285 X,3 .43 280,202 1004000 1.6 — 6 3 4+91 280,202 Proposed on 3 to F.A.R. Formula 1,335,507 4.77 40,28.5 .14 1,375,702 4.91 330 $AZT 06 3TRZT.l• + NCT Yaufi. rrw YO RK 1*011 + 012) 300.1400 + TrLAX 4*10590 92- 597 c k U M 0 It F, 0 u1 l I C S. It M t K%;F1 L L PROJECT: DRIOXELL 5 U"V 16 August, 1995 REI ZONXNG SUMIARY • COMPLETE PROJECT 1. L.U.Y. and Rely ed Ratios a) L.V.I. fl6 b) open Space ati.o (05R) .54 Required Ar a 280,202.20 r, .54 � Propomed Ar a 0) Podontri.an pen space Ratio (P03R) .24 Required Arpa 7ao,202.20 x .24 Propoaaa AY a d) Plana Required 25% Net site e Proposed e) parking Allowable laxiTAUTA office 11600 • 1 335 507 e 600 Retail 11600 U 40r,?as 600 Foi r Ambaasadors TOTAL Minimum office 16.1000 ail 1: 1000 it Ambassadows -� 1,335,507 .. 1,000 40,283 A 1,000 Required 9 bertha Proposed 9 berths s 0 151,309.00 Aq. ft. 161,794.00 sq. ft. 67#249.00 eq, ft. 66,792.00 sq. ft. 53,684-00 sq. ft. 59,550.00 sq. ft. 2,226 cars 67 cars 227 aara 2,520 cars 1,335 earn 40 cars 227 oars 1,602 care 1,791 oars 239 FAST 42NO L7 L:t • 141W YC1RK, NIM VORN 10017 • (IIZ) }09.914Q Abolvo 92- 597 Northw Pns Office 438,000 Gr/rI R6t. 17, 500 Loading Area eub Total 455,50 Parking 255,00 TOt41 710,51 Alternative. 1 Alto sat iv�,e 2 Pa96 P Of 2 p osod -Atl- a�tt. a Cc�nEi�xM tidn Grose a care Foat beutrh - Phase I1 Center ph 438,000 454,507 11330,507 5,010 45K,50b 459,792 1,375,702 k_ 255.000 105,000 615,000 710,600 564,792 1,9g0,'lE; O£f.9ita Affordable Housi.na vavelopor contribution $4.00/08D x 290,202 pevaloper Sponsored construction of Affordable Housing 280,202 X .15 42,030 (ISF of sponsored Cvnetrruct ion. SERGIO RODRIGUEZ, AICP director January 13, 1992 Carolyn A. Dekle Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 ,RE: Brickeli Square Project: Phases II and III Development of Regional Impact Dear Ms. Dekle: MAR H. 0010 City MAnAge• Pursuant to Section 380.06 (19)(f) 3 F.S., notice is hereby given of a public hearing on Thursday, March 26. 1992, at which the Miami City Commission will consider amendments to a previously -approved Development Order for the Brickell Square Project Phases II and III, a Development of Regional Impact (see attached notice) Further, the Miami Planning Advisory Board will consider their recommendations in pubic hearing on Wednesday, March 11, 1992, at the same location, (see attached notice). The applicant - Equitable Life - submitted a notification of a proposed change to a previously -approved Development of Regional Impact on November 27, 1991. By your letter of January 3, 1992, you informed this department of your intention to participate in any public hearing to consider these amendments and requested that your agency be so noticed. Page 1 of 2 92- 597 Plannin6 and Zoning Division / (3051 S79.6066 / FAX (3051 35e-1452 PLANNING. BUILDING AND ZONING DEPARTMENTl275 N. Y. 2nd Street, Mimi, Florida 33128 z t Ms. Carolyn A. Dekle January 13, 1992 Executive Director If you have any questions, please contact Joseph W. McManus, Assistant Director of this Department, at 579-6086. Sergio Rodriguez, AICP Di rectpr Attachment cc: Joe Goldstein Greenberg Traurig 122I Brickell Avenue Miami, Florida 33133 Florida Department of Community Affairs Division of Resource Planning and Management Bureau of land and Water Management 2571 Executive Center Circle East Tallahassee, Florida 32301-8244 Teresita L. Fernandez Hearing Boards Office Planning, Building and Zoning Department �' fiBfENBfflfi T 0iflfl�fllfi 03402 November 27, 1991 Mr. Guillermo Olmedillo, Deputy Director City of Miami Planning, Building and Zoning 275 N.W. 2nd Street Miami, Florida 33128 L 1 i • Re: Resolution No. 89-410 (the "Resolution")/Amendment of Development of Regiolad Tmpa UMM Dear Guillermo: 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 Order/Resolution referenced above. Condition 27 within the Resolution currently provides, in part: (for] purposes of this timeline, Phase U shall commence in November, 1991, Phase III shall commence in June,1995 and the project shall be completed in 1997. . Equitable has prepared an application and a Notification of Proposed Change to A Previously Approved DRI for a modification of that condition for simultaneous submittal to the City of Miami (the "City"), the South Florida Regional Planning Council ("SFRPC"), and the Department of Community Affairs ("DCA*), pursuant to section 380.06, Florida Statutes. The proposed modification would extend the established d=frames four and a half years. It is our intention to submit this Notification to the City, SFRPC and DCA before the end of November, 1991. According to section 380.K Florida Statutes, and as you advised, the submittal of this form would toll the timeframes establishing that development must commence in November, 1991. 92-- 59'7 Gattyetac. TaAvatc, HorrwAn. Warr. Rostra & 9119ST9L. P.A. 12:1 Ba1C[tu Ava.mut MIAMI. FLOa10A 33131 306-579.0500 FAX 305479.0717 / M1AM1 FORT LAUDERDALE WEST PALM BEACH November 25, 1991 State of Florida Department of Community Affairs Division of Resource Planning and Management Bureau of Resource Management 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IWACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES, Subsection 380.06(19), Florida Statutes (1988), requires that submittal of a proposed Change to a previously approved DRI be made to the local government, the regional Planning council, and the state land planning agency. The following form is recommended by the Florida Department of Community Affairs although it has not been adopted by rule to date. I, LUCIA A DOUGHERTY, as authorized attorney and representative of Equitable Life Assurance Society of the United States hereby give notice of a proposed change toy a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes (1988): In support thereof, I submit the 'following information concerning The Brickell Square Project Phases II and III, which information is true and correct to the best of my knowledge and belieL I have submitted today, under separate cover, copies of this notification to Dade County, Florida, and to the South Florida Regional Planning Council, and to the Bureau of Resource Management, Department of Community Affairs, Greenberg, Traurig,. Hoffman Iipof4 Rosen & Quentel, P.A. 597 November 25, 1991 State of Florida Department of Community Affairs Division of Resource Planning and Management Bureau of Resource Management 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 (904) 498-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19)9 FLORIDA STATUTES, Subsection 380.06(19), Florida Statutes (1988), requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency. The following form is recommended by the Florida Department of Community Affairs although it has not been adopted by rule to date. 1. I, LUCIA A. DOUGHERTY, as authorized attorney and representative of Equitable Life Assuraace . Society of the United States hereby give notice of a proposed change to a previously approved. Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes (1988): In support thereof, I submit the following information concerning The Brickell Square Project Phases 11 and IA, which information is true and correct to the best of my knowledge and belieL I have submitted today,under separate cover, copies of this notification to Dade County, Florida, and to the South Florida Regional Planning Council, and to the Bureau of Resource Management, Department of Community Affairs. 1 t State of Florida November 26, 1991 Page 2 E()UITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES 801 Brickell Avenue, Suite 1400 Miami, Florida 33131 (305) 372-1600 Lucia A. Dougherty as Attorney for Equitable Life Assurance Society of the United States c/o Greenberg. Traurig, Hoffman- UpoM Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131 (305) 579-0880 3-1001F."17T. . Approximately 845-999 Brickell Avenue, Miami; a portion of Lot 10, a portion of Lot 11 and all of Lots 1Z, and 13, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI according to the plat thereof recorded in Plat Book "B" at Page 113 of the Public Records of Dade County, Florida 5. Prior Chances: Desen'be and indicate on a project master site plan or other maps all ' individual changes previously made to the development. Please describe all changes previously made in the plan of development, phasing, build -out, date or is � the representations contained in the application for development approval (ADA) : since the DRI first received approval BESEQNSE There have been no previous changes made in the plan of development for the Brickell SquareProject Phases II and III. The effective date of the Development Order was January . Z, 19860 A timeline w8s referenced in the Development Order (figure 11 which indicated phasing of conditions and commencement dates. Such timeline indicated that Phase II would commence by June 1987 and Phase III would commence by 92- 0 State of Florida November 26, 1991 Page 3 11 January 1991 and be completed in 1993 (Resolution No. 85-1060; Exhibit 1). In 1989, pursuant to City of Miami Resolution No. 89-410 (Exhibit 2), the phasing and buildout dates were modified such that Phase II is to commence during November 1991 and Phase III is to commence during June 1995, with completion during 1997. 6. Describe and indicate on the project Master Site Plan all currently proposed changes to the development. Please describe in detail all proposed changes to the last approved plan of development, phasing, build out date, or to the representations contained in the last approved application for development approval (ADA). It is proposed that the timeline that was referenced in the Development Order for Brickell Square Phases II and III (figure 1 of Resolution No. 85- 1060) and Condition 27 of Resolution 89-410 be amended to provide four and one half additional years for commencement and completion of both Phases II and III. It should be noted that the timeline itself states "this timeline is intended to illustrate the sequence of conditions as set forth in the Development Order. not to establishment calendar dates". No other changes in the conditions or Development Plan are requested or proposed. 7. Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? No such changes have occurred. 8. Describe any lands purchased or optioned within one mile of the original DRI site subsequent to the original approval or issuance of the DRI development No lands have been purchased or optioned within one mile of the original DRI site by this applicant State of Florida November 26, 1991 Page 4 9, Briefly describe whether in the extent which: (a) the proposed change may be inconsistent with any objectives of policies of the adopted state land development plan applicable to the area; and (b) the proposed change may be inconsistent with any local land development regulations or the adopted local comprehensive plan. The delay in constructing Phases II and III of this project is not inconsistent with any objective or policies of the adopted state development plan or any local land development regulations or the adopted or proposed local comprehensive plan. 10. Provide an updated master site plan or other map of the development portraying and distinguishing a proposed changes to the previously approved DRI development order conditions. No such master site plan is required. 11. 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 acreage attributable to each described proposed change of land use, . open space; areas of preservation, green belt; the structures or other improvements including locations, square footage, number of units; and other major characteristics or proponents of the proposed change. 92- 597 State of Florida November 26, 1991 Page 5 The following proposed specific changes to Resolution No. 85-1060 are requested:' (1) Applicant Condition 27, of the Development Order as amended by Resolution No. 89-410, is requested to be amended as follows: Incorporated into the Development Order for Brickell Square a timeline showing the project phasing, specific elements of the project plan, and conditions of the Development Order which are to be met in each phase or other dates. For purposes of this timeline, Phase II shall commence in November,, jv, jgy ,, Phase III shall commence in December 1999 3tmc,—A995 and the project shall be completed in Zj t9w. All other conditions shall be in accordance with the schedule provided in the timeline (figure 1). • • w • 1 • 1 $1 tel6191444 If: • Modification to Condition 27 is required to permit Equitable We Assurance Society of the United States four and one half additional years to initiate construction and complete Phase II and M. This request is justified because: (1) - There have been significant delays in the provision of public infrastructure such as the Brickell extension to the people mover system. The Brickell Metromover extension construction was initiated during 1991. (2) The construction and marketing of the project would be hampered while Brickell Bridge is being replaced. (3) The present office market does not justify commencement at this time. It is anticipated that within four years, the economic condition will warrant such construction. (4) The proposed change does not create a reasonable likelihood of additional regional impacts, or any new type of impact not previously reviewed by the South Florida Regional Planning Council and the City of Miami. Amendments are underlined; deletions are struck through. 92- 597 a3 1. I, JACK LOWELL, the undersigned authorized representative of TISHMAN- SPEYER/EQUITABLE JOINT VENTURE, hereby propose to undertake a Development of Regional Impact as defined in Section 380.06, Florida Statutes, and Chapter 22F-2., Florida Administrative Code. In support thereof I submit the following information concerning Brickell Square (Phases II and III) which information is true and correct to besknowledge. a& - Qe 5--- UL-fl Date a ure oAuthorized Reesentative 2. Applicant: Tishman-Speyer/Equitable Joint Venture c/o Tishman -Speyer Properties 777 Brickell Avenue Miami, Florida 33131 3. Authorized Aaent: Jack Lowell, Esq. Tishman -Speyer Properties 777 Brickell Avenue Miami, Florida 33131 (305) 372-1600 4. Interest in the site: A. Tishman-Speyer/Equitable Jpint Venture (fee simple) B. The City of Miami, Florida (pedestrian access easement) 5. Legal Description: The legal descriptions for Phases I, II and III follow. LEGAL DESCRIPTION FOR PHASE I All that portion of Lots 8 and 9 and the North 35.86 feet of Lot 10, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, according to the plat thereof recorded in Plat Book "B" at Page 113 of the Public Records of Dade County, Florida, lying West of the Right -of -Way for South Bayshore Drive conveyed to the City of Miami for street purposes, said Right -of -Way being more particularly described in that certain Deed dated November 18, 1959, filed May 26, 1960 in Official Records Book 2076 at Page 436 of the Public Records of Dade County, Florida, and in that certain Deed, dated December 16, 1959, filed on May 16, 1960 under Clerk's File No. 60R-94813, in Official Records Book 2076 at Page 441 of the Public Records of Dade County, Florida, containing an area of 81,766 square feet, more or less. r 92- 597 SUBJECT TO a Pedestrian Access Easement along 'the Northerly and Westerly boundaries of the heretofore described parcel, filed on January 19, 1984 in Official Records Book 12030 at Page 1380 of the Public Records of Dade County, Florida. LEGAL DESCRIPTION FOR PHASE II All that portion of Lot 11 except the North 43.29 feet thereof and Lots 12 and 13, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, according to the plat thereof recorded in Plat Book 118" at Page 113 of the Public the Public Records of Dade County, Florida, lying West of the Right -Of -Way for South Bayshore Drive conveyed to the City of Miami for street purposes, said Right -Of -Way being more particularly described in that certain Deed -dated November 18, 1959, filed May 26, 1960 in Official Records Book 2076 at Page 436 of the Public Records of Dade County, Florida, and in that certain Deed, Dated December 16, 1959, filed on May 16, 1960 under Clerk's File No. 60R- 94813, in Official Records Book 2076 at Page 441 of the Public Records of Dade County, Florida, containing an area of 91,299 square feet more or less. LEGAL DESCRIPTION FOR PHASE III All that portion of Lot 10 except the North 35.86 feet thereof and the North 43.29 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 being more particularly described in that certain Deed dated November 18, 1959, filed May 26, 1960 in Official Records Book 2076 at Page 436 of the Public Records of Dade County, Florida, and in that certain Deed, dated December 16, 1959, filed on May 16,1960 under Clerk's File No. 60R-94813, in Official Records Book 2076 at Page 441 of the Public Records of Dade County, Florida, containing an area of 37,537 square feet, more or less. SUBJECT TO a Pedestrial Access Easement along the Westerly boundary of the heretofore described parcel, filed on January 19, 1984 in Official Records Book 12030 at Page 1380 of the Public Records of Dade County, Florida. 6. Adjacent propert : Phase I of Brickeli Square (see attached legal description which is owned by the applicant. 7. Specify the type of Development of Regional Impact and size (as defined in Chapter 22F-2, Florida Administrative Code). For residential ORI's, indicate site area, number of dwelling units, and ultimate population. Office/Retail project with 1,374,000 gross square feet of office space and 60,000 square feet of retail area and a parking garage for approximately 1,850 cars. Phase I, already approved, contains approximately 438,00d' square feet of office and approximately 17,000 square feet of retail space. -2- 92- 597 a 5- 8. If you have requested a ORI binding letter of interpretation or vested rights determination from the State pursuant to Section 380.06 (4), Florida Statutes, attach a copy of the application and a copy of the State response. No binding letter determination has been requested. 9. List local goverment(s) with jurisdiction over the proposed development. The City of Miami, Florida 10. List agencies (local, state and federal) from which approval and/or a permit must be obtained prior to initiation of development. Indicate the permit or approval for each agency. (This determination may be facilitated by agency participation in the preapplication conference). A. State of Florida 1. South Florida Water Management District: Water management permit. 2. Florida Department of Transportation: Traffic improvements B. City of Miami 1. Development Order 2. Major use special permit 3. Bu i 1 d i4ig permit 4. Permits for proposed curb cuts/driveways may be necessary. C. Dade County 1. Department of Environmental Resources Management (DERM): Review and approval, of drainage plans 2. Water & Sewer Authority Department: Sanitary sewer and water supply. DRIC4/P -3- -2-(0 92- 597 QUESTION 12: GENERAL PROJECT DESCRIPTION A. PROVIDE A BRIEF SUMMARY OF THE MAJOR ELEMENTS OF THE PROPOSED DEVELOPMENT. INCLUDE IN THIS AMOUNT ALL ANCILLARY LAND USES, BOTH EXISTING AND PROPOSED, TO THE PRINCIPAL PROJECT. The proposed project will be a multi -use complex on the site bounded by Brickell Avenue, S.E. 8th Street, South Bayshore Drive and a private access drive in Miami. It is proposed that these office towers will contain approximately 1,375,792 gross square feet; 60,000 square feet of retail area and parking above and below ground for approximately 1,850 cars in a 9-level garage will be provided. An urban plaza will .be the centerpiece of the site and will extend for its entire length along Brickell Avenue. Phase I of the project, consisting of one office tower, a portion of the 9-level garage, and the urban plaza, is under construction. SITE The urban plaza will be framed by the three office towers and the garage and will contain retail areas, landscaping, and seating. An overhead trellis integrates the plaza elements and retail areas that will be within or front on the plaza. The plaza design will establish a strong, active pedestrian scale on Brickell Avenue. The perimeter of the site will be landscaped with mature trees. Phase I consists of 22,000 square feet of plaza. Phases II and III will be continuations_ of the above plaza elements and, ultimately, will contain 55,550 square feet of plaza. OFFICE TOWERS All three office towers will face Brickell Avenue. The north and south towers will be 29 stories each. Each of these towers will contain approximately 438,000 square feet of office space and approximately 17,000 square feet of,retail space. The center tower will be 32 stories and will contain approximately 500,000 square feet of office space and approximately 26,000 square feet of retail space. The exterior enclosure of the towers will consist of sand -blasted white precast concrete panels and green tinted glass. Good views of Biscayne Bay and the City of Miami are provided by the orientation of the towers. Phase I consists of one office tower containing 438,000 square feet of office space and 17,000 square feet of retail space. Phase II is proposed to be similar to Phase I. Phase III will consist of the center tower of 500,000 square feet of office space and 26,000 square feet of retail space. 92- 597 12-1 27 PARKING The 1,850 parking spaces will be contained in a 9-level garage with above and below grade parking. Eight loading berths will be provided for the project. The parking garage will be clad in the same finish white precast concrete panels as the office towers. The roof of the last level of parking will be architecturally screened. Phase I consists of 750 spaces in a portion of the 9-level garage and two 'permanent loading berths. The 9-story garage will be continued in Phase II and III and will contain six loading berths. B. COMPLETE TABLES 12.1 AND 12.2 (PHASING OF DEVELOPMENT AND EXISTING AND PROPOSED LAND USES). Table 12.1 summarizes the project development uses. The project will be constructed in phases. The periods of construction indicated in Table 12.2 are estimates and will be re-evaluated as market conditions change. C. DESCRIBE THE RELATIONSHIP OF THE PROJECT TO EXISTING ZONING, COMPREHENSIVE PLANS, AND OTHER REGULATORY AGENCIES. The property is in the SPI.5 Brickell Avenue District of the City of Miami. The project will be one of the first developments to be constructed under the current revision to the SPI-5 District and will contain all of the required pedestrian amenities stipulated in the revised zoning code. , DRIC4/aaa 12-2 Y ze 92- 597 TABLE 12.1 PHASING OF DEVELOPMENT Approximate Phase Gross Square Feet Commercial Retail Parking Total Site I North Tower 438,000 17,000 255,000 81,900 11 South Tower 438,000 17,000 255,000 91,923 III Center Tower 500,000 26,000 105.000 37,537 TOTAL 1,376,000 60,000 615,000 210,730 DRIC4.S Construction Begin End 1983 1985 1987 1989 1991 1993 • m TABLE 12.2 EXISTING AND PROPOSED LAND USES Existing Phase I Phase 11 Phase III Construction Activities Landscaped Open Space Surface Office Landscaped Paved Office Landscaped Paved Areas Office Retail Landscaped Paved Open SpaAreas ce Parking Retail Open Space Areas Retail n Space I Site x Acres Site x Acres Site % % % Acres Site Acfvs Site Acres Site % Acres Site % Acres site % Acres site Acres Site Acres Existing 4.83 100 Phase I 1.00 20.7 .26 5.4' " 3.57 73.9 2.37 49.1 .6 12,3 1.86 38.6 Phase 11 2.47 51 .6 12.3 1.76 36.7 Phase 111 4.83 100 TOTAL 4.83 100 ORIMS 11 J-as-i011 9.30.8 S RESOLUTION N0. sue: 60 A RESOLUTION CONCERNING T1E BRICXELL SOUARt PROJECT PMASES It AND III (MOu PARTICULARLY OESCRISEO ►EREIN). A NVELOPKNT OF REGIONAL IMPACT PROPOSED BY TISWAN-SKYER/tOUITABLE JOINT YENTM. AUT110012114 A OtVELOPWNT 090ER AND MAJOR USE SPECIAL ►tRNIT; APPROVING SAID PROJECT WITH MODIFICATIONS AFTER CONStOERING THt REPORT AND RECOOKMATIONS OF T11I SOUTH FLORIDA REGIONAL PLANNING COUNCIL AM THE CITY OF MIAMI PLANNING ADVISORY SOAURO. SUBJECT TO THE CONDITIONS Or THE KVELOPKNT ORDEA. ATTACHED SEAM AS EXHISIT 'A•. T1E A►KICATtON FOR KYELONINT APPROVAL INCORPORATED "Culp IT gamma, AND THE REPORT Aso RECO KMATIONS OF THE SOUTH FLORIDA REGIONAL FLAWNINI CONANCIL. ATTACHED KAETO AS EXHIBIT 'S•. INCLUSIVE. AND INCORPORATED MEUIN BY REFERENCE: MAKING FINDINGS: PROVIDING THAT THUI PERMIT SHALU, of BINDIW& ON TK APPLICANT AND SUCCESSORSIN INTEREST; FURTHER. 0119CTIIG THE CITY CLERK TO SEND COPIES Or THE HEREIN RESOLUTION AND OCVELO►tNT ORM TO AFFECTED AGENCIES AND THE KYELOPEA. WHEREAS. 71shman.Speyorltauitable Joint venture has suer ttea a coealleto Application for Development Approval for 4 Develooemit of 46910ntl '.=act t-. the South Florida Regional Planning Council pursuant to Section 390.06 Florida Statutes. and did receive a favorable recommendation for a oroposed devoiooment , Order da set forth in the Report and RaCOMMendatiOnt Of the SOutn F1OM Oa Regional Planning Council: and atEREAS. the Miaan Planning Advisory Bard. at its ""ting maid on Seetoueer 4. 1989. following an tavertised hearing, adopted Resolution Mo. F 49•46 by 4 a to 01 recomending approval with modifications of the Oovelooment • of Regional Impacts and W10". A recommendation from the Miami Planning Advisory Bard has boon forirareoo a: mmired by ordinance 6290s ono WH[ M, the city Commission hall candK%H a public hearing an October 10. 1984. having considered trio Aoolicatlon for Major Use Special Parewit and the Aop1icat1On for Oovolooment Approval ono the R000rt and Retommoations of trio t-.lto VI-404 4vMonal Plannlno Council: and rKREAS. the City Commission has doterminod that all legal reauireawonnts have pNn compiled with. and 3 2 -- 597 WKKAS. the City Commission dow it advisable no in the best interest of the general welfare of the City of NiM to issue a Oevelooment Order as hereinafter sot forth; and rC:ITY UM ION' S�LZ'IItC �T -- EXHIBIT 1 31 OCT l0 iys! "fa- — 0 WHEAEAS, told City :osrssion Pill noted with Approval that *fshmah- Soeygr!EaVitablo Joint venturr mat offered to contribute the sum of 51,:20.SOS to trio City's Mousing 'prat Fund, or build 460M imataly 42,030 GSF of affordsole housing, pursuant to Section 1SS6.2.2 of the City's Zoning Code. NOW. Tfi UFORt. 9E IT AESOLYEV 1Y TMi COMISSION OF TK C TY OF MiAMI. FLORIDA: FINDINGS OF LACY ' Section 1. No following fintings of fact are made with respect to the Project: 3 2, A. The Commission nas determined that the project is in cdnformty With the adopted N1 AW C=Mffehsl ve Nei 91166 hdmd Plan. b. The Commission has determined that the gMjWt is in accord with the district zoning classification of Zoning Ordinance 9SO0. C. The City Commission finds that tfMt project would not create Adverse impact an air quality. ground water, molls. animal life, vegetation, waste water MMagdMnt Or solid waste disposal, and further finds that it would have a NUNN of Positive impacts including: (11' The costs pf construction of Phases II mho 111 will total appro:INAtely $116 mi111011 and rMire a total of 1,130 employees. Apgroxlmotely on or s101.137,0s6 will be spent In the region. Permandnt employment may reach 2.749. with 2.049 being relocated from within the region. and 700 newly Created loos. An estimaM $64 siilidn would represent value added to the regldna) economy. (2) An 4hmm4l surplus of ever 2.8 million dollars to taxing Jurisdictiphs with AWMatimmtely 9",311 for Miami, 148,821 for Dade Cowty, $753.715 for'tne School District. and S41.145 for the South Flarid4 Water hponegamsnt District and special distrlcu conoined. (3) Access and circulation should be imDroeed by the applicants fair share contribution toward a southeohnd left turn lane Clasin9 of the media" opening at 8rin111111 Avenue Arta Aftassaoor Drive. and the restriving of S. W. 8 Street from S. W. 2 Av~ to S. W. 3 Avamme, for a fair share total of S12t.407. 92- 597 e. The city Comilla" also finds that: (1) Tht a"Oject rill have a favorable imosirt on the econdior of the City; and tti The project will efficiently use public transportation facilities; and f31 The project will favorably affect the "cite for locale to find adeouats housing reasonaaly accessible to their places Of emotoyment: and ~ (4) The project rill efficiently use necessary public facilities; and (5) The project will have 4 favorable insect p" the environment and natural resources of the City; and (6) The project rill not adversely affect living conditions in the neighborhood: and (7) The project would not adversely affect public safety; ono (1) That there is a pus)ic need for the project. SOM oft 2. A Oeveloom m Order and Majer Use Special perm, attached hereto as Exhibit 'A• and Bade a part thereof by reference, Approving with modifications, the trickell.Somers Project ►basso It and III. a Omloo■ont of • Regional Iepatt, proposed by Tishun-Speyer/Equitable Joint Venture. for approximately 845-199 Srictell Avenue (legal descriction On file with the Oepartsseht of ►lanning and Zoning Scarce AdMinistration). be and the saw is he say granted and issued. Section 3. The Consolidated Application for Oovelo~t Accrova) as revised p1/rSVM to CorAltion 15 Exhibit 'A• is incorporated herein by reforms and relied uses by the parties in discharging their sututory duties uOWP Section 380.06, Fiend& Statutes and local. ordinances. Substantial cogtianes Vital the repressRtations contaiMO in the ApplleatioR for Dsyslaoawnt Approval is a conditice for aopmol unless waived or Welfied by 49OOWt among the Council. City and Applicant. its successors and/or assigns. jointly aM soverably. Section 4. The Resort ono Recommendations of the South Florida Regional planning Council, attached hereto as Exhibit 010 are incorporated herein by reference. Section 1. The developow Order. as approved, shall be binding upon the applicants and any successors in interest. 92- 597 .r r I o • 3L(- Section S. -he City Curt is hertoy authors Zed And di reetld .0 land certified Copies of this losolution 14riodistaly to: the Florida Jlpartsient of reteren and Coeeaunity Affairs. :;ri;;,;n Of :Deal Respurto Menagaft" t. 2571 Executive Center Circle, East, Tallahassee. Florida 32301. the South Florida 1e9lonal Planning Council, 3uo kolly+rood Boulevard. Suite 140. 14ollyw000. Merida 33021. and Tismian-Speyer/Eouiuole Joint venture. c/o Timm" Seeyer Properties. 777 Brickell Avenue. Miami, Florida 33131. section 7. ;lie recitals of feet referrea to in the hereln *whorls: clauses are true and eorreet and Yde a part thorsef. PASSED AND A001E4 this day of IC-rpan�_, 19BS. , . A, •. APPROVED AS TO AND PRE►ABED AND APPROVED BY: CO EtTNEu; f• 2b' aP A$ AS STANT CITY Armuty CITY ATT REY 92-- 597 Ov `1:rvV EXHIBIT IV ATTACHMENT T3 OtSOLUT20N OCTOBER • OEYELOPMtMT QAOtR AM MAJOR USt $MIX PERMIT: BR ICULL SQUARE.' ►MIKES It AND t I t Lot it be know that the CoMstion of the City of MiM, Florio. h4s considered in public hearing an October 10. 1"$.. the issuance of a Oevelooeent Order for a Oeveloseent of Regional tnut pursuant to Section 20.04 Florida Statutes. said develepoont to be located in the City of Mim , At mroaiately 64"" Irickalt Avenue, being LEWL DESCRIPTION FOR ►%W 11 All that portion of ,Lot II. except the North 43.29 feet thereof and Lots I2 and 13, Bock 104 South, AMENDED MA► OF IRICULL'S AOOITIMI TO 141AM1. according to tat plat thereof recorded in ritt Boot '10 at Page 113 of the ►ublic Records of 044t Cowity, Florida. lying rest of trio rignt•of-war for south Bay$hers Drive conveyed to tnt City of Miaei for street purobsws, said right-of-way being • re o4rticu14rly described in that Certain deed "tad Noveewr is, 19". filed May 219 1940 in Official *mom Beet 2074 at Page 434 of the ►ublic Awards of 04do County, Florida, and in tact certain deed. "%ad came" lit 1919, filed an May'11, 1980 undwr Cl:rk's Fitt No. 60R- M13, in Official Amara Book 2074 at rage "I of the Public Aaeeras of Oade County, Florida, containing ad &roe of 91,299 $duos feet wore or 1 e$$. LEM OESCRIPTION °nt ryast ::: All that portion of Lot 10 OxCat the WOMB :5.84 feet thereof &Ad the 1. Mart" 43.29 fact of Lot 11. Block 104 South, AJ4Mn MAP OF 9 2 - 59, IRICRELL'S ADDITION TO Mimi, according to trio plat thereby MCC"" In' Plat Back *10 at page 113 of the Public Records of 04do County, demo&. lying west of the right-of-way Doing snore particularly •ts:r* M 40 etlst-sgttvn at" Wad Nzveaetr is. :;99. VIVO May 26, 1960 to Official Reeoref Book 21.76 at Page 435 of the Public Records of Dade County. Flbrisa. and in that certain deed. dated 3ecemor 16. 1999. filed a1 may t6. 19110 snCe' . cr- is File no. 601- 94613. in Official Reeores loot 2076 at Page u1 of the Public Records of Dade County, Flonda. containing an arts of 37.537 touare toot. Gore or less. IRS after an consideration of the recogaggidations of the Planning Advisory lard and after due consideration of the consistency of this or"Gl d develwamt With partinant "lations and the Repent and RecoaMndations of the South Florida Regional Pluming Cowed pertaining to the Oevelopwt of it"ienel towt tales the following action: Appnval of Application for Oevei000wst Approval sueleet to the following modifications: FINDIIG. OF FACT YtTN MODIFICATIONS Oeve`oo�t The develo~t prmosed 1.279.792 gross seven feet of floor area, comorlsed of the following alee"U as specified by the applicant in the Application for Oewlooment Approval. and figures supaitted by applicant dated 5/15l1S. for pas" tI and III. Phase tI. south tower - 28 floors. 383.5 ft. il4L to too of WOW t1♦.D00 CSf of office us" • 17,= t:S1► of retat 1 uses - • t66.ND W of parting area Phase IIIcover tower • 39 floors, 471' (M5L to top of Wallet) • I64.507 OF of office uses • S.zB5 6SF of retail uses 101.000 t1SF of perting area Loading Area 5.ON W for 9 berths For Three PhasK Ova space - 161.79t gsf Pedestrian coon space- Of.792 gsf Plan 55.560 gsf :ones i 1�Vi11 �t:�4ve and Him grew) 92- 597 11 'ha project is further limited by eh• following eonsidoratiens. -Ne aoolicaele provisions and ammodures of the City of Miadn, and develoemsnt plant sublrltted by Skidmore, Owings and Merrill, datad April 17. OW rwised May M 19004 July 1, 19111, July 4, 1900, -and August 19, 1"1 for Tish"o-Speyor sroperties • Bricked Avenue MiM. The deWw"t as proposed deli not Ynrsasdnably interfere with trio aehievemont of the objectives of cute land developimeht guidelines. or plans applicable the City of Miaaai. The devolovrRt a provesed is consistent with local subdivision and platting rsswi reiaenp. The development as prapesed is edRsistant with the $v f7 end receeleRdatidne contained in the 00ew1eeim- of ReVeml tmeaet Aisasssent for 0rictoil Savers Oevolovment of Regional Iepact• Me. 62.12. dated July, 1905 orevared by the South FI#Mda 1"1011ai iIAMARg COWCii. The profoct. as defined immediately above. Seats the rsq IMWts for the issuance of a Omloo rent Order partaining to a Development of Regional Impact as rsgvnrtd under F.S. 30.04, Issuance of this Ma,Ior use special ►errant eesu the requirements of Ordinance 95M. the toning Ortin"m of the C i ty of Mi an. THE AMLICANT, IT'S Stit;COSORS, AAD/M ASSIGM JOINTLY OR UVUMtt WILL: 1. Incorporate the following into the project design and omeration to smleteri:e the cuaanlat ail iND"% of project traffic. and its associated pollutant eanssions, or air quality and snorgy usest 'Designate five percent of ewloyee parking spaces. located as close as possnele to elevator and building entrances. for eAciusim 1.01 U., .NipoOi use. 'Actively encourage and pr000u car and van pooling by estaolisning a car pool iMeraation oregraa. and offering preferred parting spaces and wort shifts to car and van poolors. 9 2 - 597 'provide t4etrarail, Netr'oous, %tronovor, Ufa shuttit service nuts an0 schedule information in convenient loCationt throughout the OroJect. -eroaiot• stagger" flea-tiw were schedules. four day York Yats, or other aanagarsnt actions and marketing strategies, that reduce Desk :wand for rbadray capacity and thereby reduce transportation energy use. Z. Place temporary scrwns, bona, and/or rip -rat around the Project 0.0 filter or retain stamimater runoff during construction. 3. assign, cpnstruct, and Maintain the stormaur oaliagenent system to meet the following standards: 'Retain the ruheff from a 5-year stars on•siu, and construct the Project drainage system in acoardanca with all represanutions in the ADA. 'Prbhilsit any and all washdown of parking areas, unless wastpwater is diverted to grass swaies of landscapet areas with adeewate capacity to retain the tool voluue of runeff. a. incorporate into the aerelOOaent. by restrictive covenant ana/or tease or Wes agrewents. as applicable, hataroows Materials accident prevention, Mitigation. and response standards. At a oinium , these standards small: 'stepiire that areas within buildings where hazardous Materials or hazar"a castes are to be used. generated. or stored shall be constructed with • fe;ervious floom without drains, to ensure conuinisent and facilitate cleahue of any spill or leakage. 'Regwire that the lording/unloading of any hazardous maten al or nazaraous vast! shall Occur in a covered loading/unloading dou with a spill canuinmlent area not connected tO the project drama" or sewer system. *PF"ibit any outside store" of huarom mauriils or nuardous waste. 'tedaire all MUPeews Nate generators to contract with a licensed public Or primate hazare M waste disposal service or processing facility ono to provide to Dade County at" copies of am* of the following form of .3:..:.'-t:t::.: :� '.��:` .-.•::�5 '�_.! �tw�w!nMC IIrlCticls: -a hazardous waste manifest: -a •hlpeasnt to A permitted hazardous Yalta manageasMt facility.. or 92-- 59'7 •a eonfinsation of receipt of Materials from a retycltr or 1 waste tAcflange operation. 'Notify any tenent generating wastes of the Oena(ties for imorace? discos&] of hazardous waste pursuant to Section 403.727, Florida Statutes. 'Allow reasonable access to facilities for monitoring by the City, lade County OEM, and Florida OCR to assure commlianee with this Develcowt Order and all soolicable laws and regulations. For the purposes of this Oeveloossnt Ordero a ha2erd0us wasu generator snail be defined as tht Applicant and any Lamont that falls ueeer a SIC code lisud in Exhibit i (URI Assessment. page 61) &tUasd hereto and incorporated herein by reference, and that uses, stores, or generates hazardous wastes. Huardous wastes are defined as igni ubis. corrosive. toxicq or reactive wastes. including these idantifitd in Exhibit 2 (ORI Assessment. page 64). provided. hewerer, that the uses in Exhibit I one the wastes in Exhibit 2 shall be siniunemly vended wan the addition or Motion of any or all of the listed uses, materials, or wastes by ammndmant to the 'County and Regional aasareous Maete Assessment Guidelines' Incerporatad by reference into Rule 17- J1.03(2). Florida Adeinissrativ% Coats. S. Room all invasive exotic plants from the project site as tht site is cle&red, and use only those plant speci M specified in Exhibit 3 (011 Assessment. page 67) in future project landscuing. 6. ►rior to any site clearing. consult with and follow the recommendations of the City of Himel Parts Dep irtment on trmablanting tries presently on - site. 7. MKIfy Cade Cousty, one month prior to start or construction, and allow access for construction monitoring, and delay construction w to three mmaus in any area where potentially significant historic or archaseldgical artifacts are uncovered. ,and permit State &no local arcnatologisu to survey one excavau the arts. S.:Zuin a yaneral drainage ;trait !'tea *--a S.al: F%rtc3 .iatsr-riagement District and necessary approvals from Dade County Water and Satyr Authority (WASA1 for provision of rater ono wastewater service to the project. &no from Cade Canty Public Mertz Deeartmnt for solid waste disposal service. prior t0 issuance of any certificates Of occwanty. 3 92- 597 .6- 9. Collaborate with the ►011CO 0"Artmw+t to Incorporate 10CUM ty eeaaUres and systaaas into the design and operation of till project. Dean t MIUM Police OeOart—mm t t: ct"tunt a security surrey at cation of Oeparttant. 01"looer to report to Ofrelopmint Order Monitoring Official. VMS? to issuance of building 011".+t. how and to what extent the Police 0lp41 1 r10oasmendations new iheorparated into project security and construction plans. ►rovide reef space for a coaaaMHcations antamla and supporting structure for to"e city's 1aerglncy cornicatian systass, if required. said antenna and appurtenances together, with namsary► services snail Do at City of 91aai expeaee. nw applicant shall retain they right of architecture) approval. 10. At the reeeest of the City, within one year of the tffeetive data of this OlveloMOI Order, enter Into an agreemmt with the -Police Depart>taM1t to contribute a fair Shan of police capital facilities needed to resolve City coneerne, if naeesaary and rMired by the City. The fair snare contribution is to be considered an offsetting credit against any future City ispaet fees. • 1 I'. Enter into an agraWtt with the City, if vies: red. to contribute a fair share of capital facilities mmired to provide Adeeuate fiat service to the project, or. alternatively, par a fair share contribution pursuant to A" adopted City impact fee ordinance pertaining to fire service if such i""% fee ordinance is adopted by the City prior to obtaining final cortifieates of acs=asicy for acre than M,-OW sours feet of office devNeppaat. aseluding Phase 1. on•site. Tho fair share contribution is to be considered a offsetting credit againat any future City impact fee. 12. Ineorperate the following energy conservation eeaures into the deval ommt: 'Air conditioning mleM efficiencies (ETR) taual to or greater than 12.0 or less than 0.65 KttRan. *14mures that affectively yield, in the cooling am. a•7 in walls ono A. It in coilings. 'Meat proencing areas and eaulpaaent (cooling, water "eating, etc.) isolated fret air cOM M onee area. 4-u'Conwteriled elevator control system in ail high-rise structures. 'Intividual electric "tiring of tenants. 92-- 597 D a 'Minima( Ulf of iMCIAdestant 1 ightinf, and use of fluorescent tut 1 fighting and sadists swallght veer! vossible. '40t waur turaturet Set at or below ioSoF mere allows by health c00es w and forlownt requirements. 'Lavatory rater flow of 0.8 fall m per ■inuta or its$ ma star closets that use me Mrs than thew and one.half fallen$ per flush. 'light+Pefleeting and/or light color" wall and roof surfaces. with solar absorption cooffioients less then or !dual to 0.50. 'use of airioek doors (vatibules) at "jar "trances an the east side of Photo 111. ~t •tia7►C1e support facilities. includes secure bite PICKS Or storage are$$, and, if feasible. lockers and showers for project m oloym . 'haaxiauaa flexibility of air Conditioning systems to cool only occupied area (an a floor-by+floer visit at ■inisasa). 'Air distribution using a variable air notes systm 'Cantral mery vanagment system that provide. as "Pl ieabie. start/stop Gestaliatioh, tim of dsy schedaaling, etowic downd limiting. night tessaerawre set back/surtw, 0 ef►"sommed maintsnance. and building 11yh2ing central. ` 'Natural gas or other nen•liectric mnergy Sources for coating and war hearing in restaurants. 'Solar water heaters or Taste host recovery units to preneat tooting and weshing not rater in restaurants. grave feasible. 'Lxterror shading or tinted or reflective glass to reduce the mount of direct sunlight entering air Conditioned areas. •1%o applicant shall prevare a tutawnt signed by the registered project Iresaitect that ell witm consoroKim conditions conuhaed in Condition 14 have been art in the preparation of that detailed construction drawingst prior to lssoews of a building permit. 13. Construes all readaaay and intef$ectlae fmrevemrau identiflot in Eiftibit a (Ohs Assessment. page 71) and day/Casa the rmprov"mu to the City, prior to issuance of final certif icatet of oecnpaney for earl than 500.000 gross aQWr! ffei YI a!nllYuaianC iMl+l�.i. .:.�.iiw..7 •. S. .. baad* or provide a letter of credit for 2120.000 (1985 dollars) to the City for construction of these iegrQVdW`ts. 14. Prior to issuance of final cartificates of ocewancy for more than 500.000 gross sown feet on -site. fneludsng tune 1 dmiammt, fund, bang. or v provide a letter of credit for 14.351 (19113 dollars) for cons-truction of 4 2� ether transportation luerovemants to be datersnned by the elty in trio traffic iseset are,a ltxhibit S. 041 Assessmeint. Alga 721. is. Prier to issuance of final certificates of occubancy for Mara than 500.000 gross sduare foot on-atta* including phase I develoeom t, enter into An agreement with the County to fund. bend. or provide a letter of Credit in in mount net to exceed 1119I,200 (I"I dollars) to the County annually for construction of the Iricseil lot of Mrtroosvrr Stage It. this amount may be adlustot annually to reflect payoff of tM bonds or other financial obligations 411tnr"m for Metr000ver Stage It construction according to tenon speelfled ih the agreelreit in a oemmer tlmilar to AdJUSUents currently oar annually for that Doentwa Miean Special ?axing District for tM People, Never. If Construction of the Irietoll tot of Motr liter Sage It has net bogus by January 1. 1"2, all fulls providet to that County pursuennt to this Condition, plus intarest, are .to revert to the Applicant by March 1. 119Z. Otherwise. the rimirements of this Condition rill toMmate Mom all bonds for that Iricte)1 leg of Metroomp Stage It Construction have, beats retlre,t. In the event that a special taxing district for funding the Irietell let of Metr+3never Stage II is esablished by a local ordinance; the, payment rowiremona of trio special taxing district shall superego the requirements of this condition, and any payments of funds to the, County shall be credited against the, special taxing district assessommts. Is. Incorporate into the routs and seheoule, information rewired by Condition I he,re,ih promotional material for the Countyootrated shuttle service to an from the trictell Avenue ammil station: provided however that, If the Comfy discontinues this service prior to overstlen of the Iricteil vet of Metromover Stage II, the Applicant shall pravids eeetday shuttle se,rvlce to all from the Irictell Avenue Metrorail Station at no cost to riders at 10- Hnute intervals form 7:00 to 10:00 a.m. and from 3:30 p.m. to 6:30 p.m., A" At 30ooinute intervals btamm 10:00 a.m. and 3:30 p.m. until MKrOmmver Stage It begins revenue service. Applicant provision of this shuttle service jointly with other 1 rietail area developers shall Cp11at1 %UCG 60MI 14RCI rl to Lhta ..rla/ L10n as .Gig as Intervals are malntalned, and adeouate Capacity to serve, project transit trips is provided. 11. Integrate all Original and supplemental ADA informotion into a Consolidated Application for DOW -Pa— t Approval (CAOA). ono suM t three Copies of the .ADA to the C ounci 1, one cony to the City. and one, copy to the Florida I- 92-- 597 IrL 0opartM0% of Commity Affairs within ninety (90) days of ile sffeCtive data of this Develooswnt Order. rho CADA shalt be preoared as followi<: 'Where new Clarifiestien, Or revised infor otlon was O"lpared subsequent to su"I tun of the ADA Out prior to ttsuance of the 00, whether in rinodnso to a for "I Infatuation Admacy Statemwnt or otherwise. the original pages of the ADA should d11 replaced with revised pages. 'Aevisee Oil" should he" a 'Pill NU110er (1) - Oates' nOtatlOn, with 'Pigs Number' being the "ureter of the original pale. 'tR)' indicating that the Palo was revised. and '04a' statinl the date the re♦tsiOn was SUN" tted• to. Prepare and subot to the COWWIJ City, and Florida t "Oraosht of CoaasNnity Affairs, in anneal mgNteMng nspert Containinl an assessamt of CM114fice with all conditions of this 6rictull Sewn Development Orders. Phases 1, It and III, coolou rosomses to the questions contained in trio Amu) Monitoring Questionnaire (Exhibit 7 =1 Assessawnt. pale all and Included herein by reference, any other information resuireo by Section 360.0604)(c)(3), Florida Statutes (1904, or State rules, and the following: 'IdentifiCAM On Of all LanMti that OW the Criteria esta0111ried in Exhibit 1 and 2 Of tlno Caaieil =1 Assessswnt (pages 61.661. 'fee ' each such tenant. coof one of the following typos of docwpes ntation of aporopriats nasardous vests disposal: -a hazardous waste manifest -a bill of 104e11tg from a beaded haureous waste transporter indicating shiomwnt to a permitted hasaroow masts Wme"nont facility, or •a confirmation of reehot of asteada) from a VIC, ter, a waste exchange operation, or other psi rotted nataraow waste facility. 'TM apel icant is to grevi de the City with a signed statas,tnrt Omer to tno issuance of the Csrtif/cite of Occusancy that all conditions contained in Cendttidn No* 16 have Doom met. 'such affidavits as my be rresired by the City Pursuant to Condition 26 NOW". 1!. ►rovide 2 fire hydrants an trietell Avemee and I fire hydrant on S. E. 8 Street, restriping of parsing spaces, landsculal an tM south side of the project. and that a clear area bo • esinuined along srickelt Avenw to provide proper vision for police vehicles, pursuant to co gienta of trio AIM large Scale Oevolnoaht Comttee. at its mooting of May 29. 19811. 20. Prior to the issuance of a building parent for the sricseii iaware rroiect for increased floor aria in excess of 3.25 F.A.R., the wnors must obuin from the City of Miami a certification that the requirements of the 9"9W- 597 �- 3 A. Off tito iff enable Mousing bonus ;Fowl110ns ;or Sastiam .556.2.2. Ordinance 9100. have boon edt to the amount of 1.00 F.A.A. 21. prior to the isaYanOe of any constrUVOn Veriest ih phases 2 and 3, a Unity of title covering all properties within ►Aare: 1. 2 and 3 shall be lum tted to the City for recordation in the public retores. Tiit CITY WILL: 22. Consult with the Appllcant-to ensure incorporation of security seaaur" and systaras into the design and operation of the projoctq including provision for aorgem heiicepter heoering abevi thm roof of the office towtrS. 23. Withhold Issuance of final certificates of oceuitanel► for sore titan 500.000 rots square feet of devetdpednt an•sits, including ►hate I. until trio Applicant has cotpiled with Conditions 10, 11, 13. 14, IS. and 16 heroin. 24. Cooperate with the Cooty in the dev llapeent and. adoption of appropriate Cooty ortinanep to extend the "trOOOver special sawing District to the tricksll area or to isms ♦ one tied transit ismact fee an all development benefiting from "traw"r. 29. Provide that the effettirwnest of the Development Order snail be stared and no further development ptrmiu thermoor shall be orsnted. until such tiro As an AnonaN ADA, providing updated information, is subntted to the . Council. City, and Staa one an Aannded Development Order issued. if Condition 1S has not boon an within three i31 years of the effective ate Of this Development Order or if construction of trio Brickeit I" of Mttram vor Stags II has not begun by January 1. 1992. :f this condition is triggered by scants ottdids the contrei of the Applicant. the scope of the Ammnndod ADA and the review thertmf shall be llmlted to air quality and trenspertatien information, imposts. and Issues;. and the applicant will be abet to complete any devtl"witat for which porsits have been issued. prMided that Su" devoloMMt does not cotes! MAW square feet on•Site. including Post I deveiloosw%. Air quality and transportation information in the amended ADA shall be In the forssat specified in Exriibtt 6 tDRI Asaassment. ;age ii) or, Ica the Option Y{ ...f .•w. ».+i be specified. Should the oevolopment Order be suyed pursuant to this condition, nothing nerein snail be construed to tint :onaition 28 below that titis Oegloon nt Order Manz with the land, and its ter= and cmdttions are binding on trio Applicant, Its successors, and/or assigns. 9 2 - 597 •Ia. '' vii ♦1. V�� 16. Amirs that the Annual report be sumitted t0 the Council, :ity, and 0"Artnnt of Cdwrueitty Affairs (MA) on the Annirenary of the effective date of the Developsient Order. fie annual *sport snail include. at r alAisuwa, a comlate response to each euetien ih Exhibit 1 (ADA AsseaWot. Rabe 121 and any other infervastion required by OCA in accordance with Section 310.04114)(C)(3), Florida Stawtes (19041► the Planning Director, City of "lawsi Planning Oeo i cm t. or a project director to be Rowe later, is hereby designated to ricolve this resort And to sonttor ane assure comliance with this 0evelopment order. oewlooeisnt Order conditions shall be rowlewed by the City prier to issumce of any development permit and fbr those conditions that "met be romonaa►ly mitered as part of local permitting and inspection 0r'ace sae. a notarized fors from the Wolieant Assuring cospiiance with suet Development Order conditions is to be included in the anneal rnwt. , 27. Incorporate into the De•velotsrnt Order for Iridtaii Square A timeline snowing the project $hieing, specific elements of the project 010, and conditions of the Develemment Order whits are to be set in each shoes or by other specified data. (Figure 11. 22. Radmire. within 30 dies -of the offecti " date of the develoosoit order, recordation of the Irleteli Square Daveioment Order with the Cleft, Dade County Circuit Court, pursuant to Section 380.04(14)(d)► Florida Statutes (19041. specifying that the Deveiooseht crow runs with the land and is bineieg On the Applieant, its sufansers, and/or assigns. jointly or serenely, and shall include the following: A. That the City Caaes/ssion of the City of 1"am, Florida. nas issued a Co"lopssent Order for the Iricitell Sown Prejort. ►has! It and III a OealopaoAet Of Regtan91 Irma coated at 84S-M Irietell Avenw. b. That the doveloper of this Ifichell Soars Project is Tishwsen- Seeyer/foltable Joint Ventisri. with offices at M Iricteii Avaus. Riam . Florida 33131. C. That the Devoloommat Order with any notifications nay be examined in the City Cleft's Offices. 3500 Pan American urive. winner srr, mia i, Florida 33133. d. That the Develd~t Order, constitute A land development regulation Applicable to the property; that the conditions contained in this Oevelopeieht drew shall run with the land and bind ail :uccasers in r •&'we -noontood that-!rordine of this notice snail not 0 Constitute a Item, cloud or encumbrance on real brooerty, nor actual nor constructioe motile of any of the same, 'his derel ~j *Poor shall be considered null, and void by Oacamer of 1996, unless actual construction wort, excluding grading or excavating, is substantially under way an that date. 2f. Wert with the aepiicant to prepare a Minority Particiostion and tooloyment Plan to be svm tted within ninety (90) days of the issuance of this Coveloomome. — 30. Wort with the "Pl icant to devoted a Minority Contrectorsnubcontrtcurs Participation Plans to be suemitted within 111mm (90) days of the issuance of this Oewtopewnt order. Ca1CLUS I011S OF LAW TM •rictoll Saar* ►roJett, ora►ared by 1lshellw•SpererRWitable Joint Venture coolies with the Min" Cowrenansi w Neighborhood Plan, is consistent with the orderly dew i oom ent and goo 1 s of the City of Mi male . and cow 1 i es with l oca 1 lad develaMent regulations. The proposed dewlonment dm not umm"Imasly interfere, with the echievenent of the objectives of thr,adoeted State land Oevelo mot Plan aoalicabld to the City of Mi msi 0 and The proposed deveiopehwht is generally consistent with the R000rt ma . Recommendations of the South Florida Regional Planning Council and dose not unreasonably interfere with any of the considerations and objectives set fortn in Chapter 380. Florida Statuus. Changes in the oreject which do not exceed dereioa mint varae,rters set forth in the Application for Development Approval and Report and Rees dations of the Reg,enal Planning Commil shad not cantltutd a substaetial deviatlan under Chow no Florida Sututa. notwithstanding City zoning aparovais which may be ream red. L�� c+t r Issue'! PtAt) w"T OWN trffCVIVE GAIt " DAYS !0 DAY_ am tIEAl1 FIII IIE —•-30 MIS SET c�1+1ai1atl zs cvltaTlola commo l+ 29.3a COND111O11 'i Gow,fl ms t Sri 1. liP11.41Tt/ 9,t? Alla FOR 0 colsollumm so tlilEtM� ApPLIt:ANI SThflT3 ., �tauctlal IpII 111 . aix_tlbllE! tErtilFlcAlE SNOW" u"r ' ,CO MTWN WOW sl Ei:ECit1+E OAiE i i tl ccnwna� tlrrl,E.11rtl. Al1pfQ114,wopmS.V. I IS Mama MCPW ."Q51ii s x»t. 15.14.19 we HIS !l.13 . ' CIlIIIM1itON! 1.3t*11.•Itril.1K 10 /MITE: TTW UQUEM OF �1�1011! rs SET FORM III IS lRwEi�Y Co Kit: not pt1 Ta ESTAtx M C11lE1MMt1 Es FIGURE 1 BRICKELL SCIIJ E PNAsSE [ AMD = TIMELiNt I A .w 1! IN1Ei1dE0 it COtM1EN - -MOD io K cowK =tElf NI ------------- -11 iw +t 1I x MIN S OF VEii1i1 OK111T OIIOEN tItECI1VE DALE 90 VATS !D OAx aO: YEAH FIKW 3o DAYS EFt DATE 'law ar CONNTIONS "m K -W 2t1.3D + (WO1I1014 1r SO WJS 1;Pi I. siPI 1., Iry I so to" i 325 FAR,2O.21,t2 (0 (.I I Y ISSdi,} eof..1' V4 . t kALV # iM. APPLICANT STAms Efi1Rt C1I0 IltleOli lPN M1 t?j C11V ISSUE$ CEII W#CAIE � 1 MoNTH OF OCCUFAMY IPN U) CONOITMOI i I CONOITNIN s CONOITlO11 T THREE YEARS FROM VOW ' V AMS FWMA TMO VEMS FTM1M EFFfCTNE MATE Ci1ME DATE "MOVE WE 1 + —F __ll . � t111ELN/F CONomoolm GDINi11101i! itl.t'�.K Comm" 1IFTl.t.SIFT 1. • AM Fal fWOPW IF. EXCLIPUMIM Pit 1.11 AN9 FOR OOQpm !r. IIACRIII 1. 13.14.09 AM I"VI'VS. roGt1RE 1 BRICKELL SQUARE PHASE l AND i 11MELINE PHASE N IS INIENOEO it Comm 1N d. i m TO at Cumpt 4 � toll UI�P f C011NT1oNS $Iry ---A SiPTl:11F'Tl,li NOTE: 105 1WELNIE a rITENOEO to l.LIIS/RATE TILE WQMEI" OF OM M110NS I'! SEW FORA 111 111E MM A WMlr a oER; Nor 0 ESTAILMSI CALENDAR OATES J-89-Z55 4/17/89 RESOLUTION NO. R9-410 A RESOLUTION, WITH ATTACHMENT, AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDFR (RESOLUTION 85-1U60! UCTOSER 10, 1985, ATTACHED) FOR THE BRICXELL SQUARE PHASES II AND III PROJECT, APPROXIMATELY 845-999 BRICKELL AVENUE, A DEVELOPMENT OP REGIONAL IMPACT, PURSUANT TO SECTION 380.06 PLA. STAT. (SUPP. 1988), AND MAJOR USE PURSUANT TO ZONING ORDINANCE NO. 9500 BY AMENDING CONDITION 25 TO EXTEND A DEADLINE: CONDITION 27 OF SAID DEVELOPMENT ORDER BY CHANGING THE COMMENCEMENT OF PHASE II TO NOVEMBER 1991: PHASE III TO JUNE .199S, PROM JUNE 1987, JANUARY 1991 AND 1993, RESPECTIVELY: FURTHER FINDING AND CONFIRMING THAT SAID CHANGES 00 NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO SECTION 390.06, FLA. STAT. (SUPP. 1988), AND THAT SAID CHANGES ARE NOT PART OF THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 1149s DECEMBER 10, 1987)t INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAWS DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPERS AND CONTAINING AN EFFECTIVE DATE. WHEREAS, by Resolution 85-1060, October 10, 1985, the City Commission issued a Development Order and Major Use Special Permit for the Brickell Square Phase II and III Project. located at 845-899 Brickell Avenue, a Development of Regional Impact, pursuant to Chapter 380. F.S. , and Major Use pursuant to Zonir q Ordinance 95001 and WHEREAS, The applicant, Tishman Speyer/Equitable Joint Venture, now desires to change the, timing of the Project and consequently desires to &send the previously issued Development Orders and WHEREAS, on December 27, 1988, the applicant filed 'Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI) Subsection 380.06(19), Florida Statutes• with the Florida Department of Community Affairs, the South Florida Regional Planning Council and the City Of Miami; and 9 2 _ 597 CITY COMMISSION MEETING OF goo 27 t000 WHEREAS, on February 2, 1989, the apolicant applied for an amendment to the previously- issued Development Order: Major :.'se Special Permit and a reservation of development credits pursuant to the City Of Miami Downtown DRI: and WHEREAS, on April 27, 1989, the City Commission held an advertised public hearing to consider this application for amendment and whether it constituted a substantial deviation under Chapter 390, Florida Statutes: and WHEREAS, the City Commission considers this resolution to be in the best Interest of the citizens of the City of Miami. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Resolution pertaining to substantial deviation as Conclusions of Law are hereby approved, confirmed, and adopted by reference hereto and incorporated herein as if fully set forth in this section. Section 2. Exhibit A of Resolution 85-1060; dated October 10, 1985 (attached) the Development Order and Major Use Special Permit for the Brickell Square Project Phases II and III Project is hereby amended in the following respects:!/ FINDINGS OF FACT WITH MODIFICATIONS THE CITY 3RALL: • • • 25. stay the effectiveness of the Development Order and no further development permits thereunder shall be granted, until such time as an Amended ADA, providing updated !/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Tho remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 92- 597 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 Amended Development Order or if construction of the Brickell leg of Metromover State II has not begun by January 1, 1999r 1995. If this condition is triggered by events outside the control of the Applicant, the scope of the Amended ADA and the review thereof shall be 1-lmited to air quality and transportation information, Impacts and issuesi and the applicant will be able to complete any development for which permits have been issued, provided such development does not exceed 950,000 square feet on - site, including Phase I development. Air quality and transportation information In the amended ADA shall be in the format specified in Exhibit 6 (DRI Assessment, page 73) or, at the option of the Council, another format may be specified. Should the Development Order be stayed pursuant to this condition, nothing herein snail be construed to limit Condition 27 below that this Development Order runs with the land, and its terms and conditions are binding on the Applicant, its successors, and/or assigns. • s e 27. Incorporate into the Development Order for Brickell Square a timeline shoving the project phasing, specific elements of the project plan, and conditions of the Development Order which are to be met in each phase or by other dates. !or purposes of this timeline. Phase It shall commence in November`1991, Phase III shall commence in June, 199S and the protect shall be completed in 1997. All other conditions shall be in accordance with the schedule provided in the timeline (figure 1). 92- 597 f • f CONCLUSIONS OF LAW The Brickell Square Project, Proposed by Tishman Speyer/Equitable Joint Venture, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations. The proposed development does not unreasonably interfere with the achievemgmt of the objectives of the adopted State Land Development Plan applicable to the City of Miamii and The Proposed development is generally consistent with the Report and Recommendations of the, South Florida Regional Planning Council and does not unreasonably interfere with any of the considerations and objectives set forth in Chapter 380, Florida Statutes. Changes in the project which do not exceed development parameters set forth in the Application for Development Approval and Report and Recommendation of the Regional Planning Council shall not constitute a substantial deviation under Chapter 380 Florida Statutes (Supp. 1988) notwithstanding City zoning approvals which may be required. The phasing schedule changes to the original Brickell Square Phases II and III DRI development order set forth herein do not constitute a substantial deviation under Chapter 360 Florida Statutes (Sup . 19�; Section 3. The proposed are not affected by, or have an effect on, the Downtown Miami Development of Regional Impact Development Orders (Resolution 87-1148 and 11491 December 10, 1987). 92-- 597 13 Section 4. This Resolution shall b• transmitted to Lucia A. Dougherty: Greenberg, Traurig, Hoffman, Lipoff, Rosen and Ouentel. 1221 Brickell Avenue, Miimi, FL 33131: Jack Osterholt, Executive Director, South Florida Regional Planninq Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021, and Thomas Pelham, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399. Section S. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 27th day of Anrit . 1999. 01 XAVIER UAREZ, MAY R ATTEST: 19A Y HIRAI, CITY CLERK PREPARED AND APPROVED BY: U it L Be M"WELL IEE ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J. P- JO E L. PZRVAND92 CITY ATTO! JEM/d/db/14974 92- 59'7 r