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:
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State»rs. f st
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Regiaa+aI Planning Council; and meetin
Advisory Ssb'Ir•d. '-t its
Hiami Planning pAS
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an adve" iscd hearing, adop
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n ,recora!p"riding apprgval with nvdifications of the Oevriopct
ionil Imp and Advisory Board, has be,"
: of Reg7. act; he liiami olanneng
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and
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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
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Pi annini# Counc
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City_Ct>�'isslon t►as`,. �ter'mii+ed. that all i�ga1
t^ ,
the.,
IV e he" sawp it advisable and it OR
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Char• rGoa�isson detaas
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of .�
Eral, weffa+�e'. of irhe C ty
the 3e :Af
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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
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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
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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 ..
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jltcesr sod circulation
`d southbod left turnkla�t_�E,f�'
a0nt�ri buti 0ntarar,
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ii at Qlt at gricke11 Avenue/S. E 10 $ tr t
d sl
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Wet►ing
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fill ral"itsion grin f
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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. "}
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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.�<
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PASSED ANQ 110QPTEi1 this _l tl' day of
-iTAllaiLf� '
A
AT
APPROVED A5_t0
AND -
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PREPARED AND APPROVEQ.BY;
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CITY ATT KEY
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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
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�A'111T 2- 597
DRI AMENDMENT -
BRICM-L SQUARE
PHASES II and III
Approx. 845-999
Brickell Ave.
PAB 3/11/92
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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
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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
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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
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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
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May 11, 1992
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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
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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
•
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Olivid A. Leman
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Krnneth Flieltnen
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garm F'ittarreen
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11whard t: Gerrett
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lrffrey I.Abrrl
Loewe L. Clldan
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Richard 1• Gnttrn
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J..wl K. G-sidenon
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lntoph I'. I:nld.tan
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lo"ph G. Goldetain
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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...
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1-ri L �taekr.
Irttrer Medh�•th
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Roger+ t:. `A'hit..lr.
1• rr"ht .% d'.•1.
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%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
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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
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!D OAx aO: YEAH FIKW
3o DAYS EFt DATE
'law ar CONNTIONS "m K
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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 . �
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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