HomeMy WebLinkAboutO-14107opCity of Miami
Ordinance 14107
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Legislation
File Number: 12064
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/22/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RECOMMENDING APPROVAL OF A THIRD AMENDMENT TO A
PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO
CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC.
("APPLICANT'), AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA
("CITY"), BY MODIFIYING THE EXISTING SAP REGULATING PLAN, AS
AMENDED AND DESIGN GUIDELINES TO REFLECT CERTAIN REVISED
BUILDING PARAMETERS FOR THE ONE BCC SIGNATURE OFFICE
CONCEPT, LOCATED AT APPROXIMATELY 700 BRICKELL AVENUE, 710
BRICKELL AVENUE AND 799 BRICKELL PLAZA, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, TO MAKE PROVISION FOR THE ONE BCC SIGNATURE
OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC
PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT
INCLUDES LARGER TOWER FLOORPLATES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the "Brickell CityCentre Special Area Plan ("BCC SAP") consists of
approximately +/-13.96 acres (608,097 square feet) of selected parcels generally bounded by
Brickell Avenue to the east, Southwest 1 Avenue to the west, Southeast 5 Street to the north,
and Southwest 8 Street to the south in Miami, Florida ("Property"), as more particularly
described in Exhibit "A," attached and incorporated; and
WHEREAS, Section 3.9 of Ordinance No. 13114, the Zoning Code of the City of Miami,
Florida, as amended ("Miami 21 Code") authorizes Special Area Plans ("SAP"), the assembly,
and master planning of parcels greater than nine (9) abutting acres in size; and
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within an
SAP shall be pursuant to a recorded development agreement; and
WHEREAS, Swire Properties, Inc. ("Applicant") has applied for a fourth amendment to a
previously approved SAP to the City of Miami ("City") for the amendment of the Brickell City
Centre SAP ("Project"), and in association with that application, the Applicant has requested
approval of a third amendment to the Development Agreement pursuant to Chapter 163 of the
Florida Statutes, attached as Exhibit "A"; and
WHEREAS, a fourth amendment to the previously approved BCC SAP, Regulating Plan
and Design Guidelines, makes provision for the One BCC Signature Office development, an
alternate concept for the One BCC parcel, which may utilize an alternate building configuration
City of Miami Page 1 of 3 File ID: 12064 (Revision: A) Printed On: 212312023
File ID: 12064 Enactment Number: 14107
including larger tower floorplates; and
WHEREAS, an amendment is necessary to respond to changing market conditions by
allowing for an alternate building configuration to attract global financial service and technology
companies that require workspaces featuring increased visibility, flexibility, efficiency, volumetric
space, and strategic co -location; and
WHEREAS, the City and Swire wish for the development of the Project to proceed
substantially in accordance with the amended Regulating Plan and Design Guidelines; and
WHEREAS, the City and Swire wish for the development of the Project to conform with
the requirements of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the Project is located in the Downtown Development of Regional Impact
("DDRI"); and
WHEREAS, as of the date of the Third Development Agreement, the DDRI has sufficient
development capacity to accommodate the Project and Swire intends to reserve such capacity
with the City; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage commitment to comprehensive
planning; and
WHEREAS, assurance to the developer that it may proceed in accordance with existing
laws and policies, subject to the conditions of a development agreement, strengthens the public
planning process; and
WHEREAS, Swire and the City are finalizing the negotiation of the terms of the
development agreement; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City to approve or deny the third
amendment to the previously approved Development Agreement attached hereto, in a form
acceptable to the City Attorney, as hereinafter set forth;
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 Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Development Agreement, pursuant to Chapter 163 of the Florida
Statutes, between the Applicant and the City, to govern the development of the Subject
Properties, is hereby approved.
Section 3. The Development Agreement is applicable only to property owned by Swire
and affiliated parties, subject to the development parameters set forth therein.
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File ID: 12064
Enactment Number: 14107
Section 4. The City Manager is authorized' to execute the Development Agreement, in
substantially the attached form, for said purpose.
Section 5. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City ttor iey 2/16/2023
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten (10)
days of the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated herein,
whichever is later.
City of Miami Page 3 of 3 File ID: 12064 (Revision: A) Printed on: 2/23/2023