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HomeMy WebLinkAboutR-89-0410J-89-255 4/17/89 RESOLUTION NO. 99-4101- A RESOLUTION, WITH ATTACHMENT, AMENDING A PREVIOUSLY APPROVED DEVELOPMENT ORDER (RESOLUTION 85-1060; OCTOBER 10, 1985, ATTACHED) FOR THE BRICKELL SQUARE PHASES II AND III PROJECT, APPROXIMATELY 845-999 BRICKELL AVENUE, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06 FLA. STAT. (SUPP. 1.988), 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 1995, FROM JUNE 1987, JANUARY 1991 AND 1993, RESPECTIVELY; FURTHER FINDING AND CONFIRMING THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO SECTION 380.06, FLA. STAT. (SUPP. 1988), AND THAT SAID CHANGES ARE NOT PART OF THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 1149; DECEMBER 10, 1987); INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER; 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 Zoning Ordinance 9500; and WHEREAS, The applicant, Tishman Speyer/Equitable Joint Venture, now desires to change the timing of the Project and consequently desires to amend the previously issued Development Order; 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 CITY COMMISSION MEETING OF APR 27 1989 ON Fio. n.9-4 WHEREAS, on February 2, 1989, the applicant applied for an amendment to the previously -issued Development Order; major Use Special Permit and a reservation of development cr.edi.ts pursuant to the City of Mi.,9Mi Downtown DRI; and WHEREA,S3, on April ?_7, 1989, the City Commission held an advertised public hearing to consider this application for amendment and whether it constituted a substantial deviation under Chapter 380, 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:l/ ■ H 7t FINDINGS OF FACT WITH MODIFICATIONS THE CITY SHALL: 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 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. 2_ 89.7410 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 dat(--- of this Amended Development Order or if construction of the Rr..icicel.l lea of Metromover State II has not begun by January 1, 4P.P-W.T 1.995. If this condition is triggered by events outside the control of the Applicant, the scope of the Amended AAA and the review thereof shall be limited to air quality and transportation information, impacts and issues; 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 5 (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 shall 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. 27. Incorporate into the Development Order for Brickell Square a timeline showing the project phasing, specific elements of the i)r.oj ct. plan, aind conditions of the Development Ordc r which are to be t7iet in each phase or by other dates. Por purpose, of this timeline, Phase II shall commence in November, 1991, Phase III shall commence in June, 1995 and the project shall be completed in 1997. All other conditions shall be in accordance with the schedule provided in the timeline (figure 1). _ 3_ 89-410 CONCLUSIONS OF LAW 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 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 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 phasingschedule changes to the oricainal 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). 11 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 1149; December 10, 1987). -4- Section 4. This Resolution shall bo transmitted to Lucia A. Dougherty; Greenberg, Traurig, Hoffman, Lipoff_, Rosen and Ouentel, 1221. Bricke.11 Avenue,, Miami, FL 33131: Jack Osterholt, Executive Director, South Florida Regional Planning 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 5. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 27th day of _April1989. XAVIER UAREZ, MAYOR ATTE7T: -°MA, TY HIRAI, CITY CLERK PREPARED AND APPROVED BY: 5-0- P, 0 r. �l to E. MAXWEL C IEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS 1 , L JO SEE LPINY, ANDE2 CITY ATTO JEM/d/db/M974 'L rw ' J-aS-loll 9-30-85 RESOLUTION NO. l-0Bo A RESOLUTION CONCERNING THE BRICKELL SQUARE PROJECT PHASES II AND III (MORE PARTICULARLY DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY TISHMAN-SPEYER/EQUITABLE JOINT VENTURE; AUTHORIZING A DEVELOPMENT ORDER AND M.rW OR USE SPECIAL PERMIT; APPROVING SAID PROJECT WITH MODIFICATIONS AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT W . THE APPLICATION FOR OEVELOPPENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECO)NDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL. ATTACHED HERETO AS EXHIBIT '8`. INCLUSIVE. AND INCORPORATED HEREIN BY REFERENCE; . MAKING FINDINGS; PROVIDING THAT THE PERMIT SHALL BE BIDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; FURTHER. DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION AND DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE DEVELOPER. WHEREAS. Tishman-Speyer/Equitable Joint Venture has submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council pursuant to Section 380.05 Florida Statutes. and did receive a favorable reco ^::ndation for a proposed development order as set forth in the Report anti Recoi, ,-Indations of the South Florida Regional Planning Cowricil; and WHERFAS, the Hicni Planning Advisery Goard, at its r:; tir.g held on September 4, lgg5, follo.,Qing to advertised hearing, wdnptcd Resolution NO. P4' 49-85 by a 8 to 0, reco :_-nding approva) wit"I riodificat,ioils of the Development of Regional Impact; and WHEREAS. a recon mendation from the Miami Planning Advisory Board has been forwarded as required by Ordinance 8290; and WHEREAS. the City Comission has conducted a public hearing on October 10, 1984. having considered the Application for Major Use Special Permit and the Application for Development Approval and the Report and Recommendations of the C^uth r1nrida Regional Plannina Council: and WHEREAS, the City Comission has determined that all legal requirements have been compiled smith; and WHEREAS, the City Corsaission deeMs it advisable and in the best interest of the general welfare of the City of Miami to issue a Development Order as hereinafter set forth; and CITY COMMS1011 OCT l 11 WHEREAS. the City Commission has noted with approval that Tishman - OW Speyer/Equitable Joint Venture has offered to contribute the sum of $1,120,808 to the City's Housing Trust Fund, or build approximately 42.030 GSF of LM affordable housing, pursuant to Section 1556.2.2 of the City's Zoning Code, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, • FLORIDA: FINDINGS OF FACT MCI Section 1. THe following findings of fact are made with respect to the project: a. The Commission has determined that the project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. b. The Commission has deter -mined that the project is in accord with the district zoning classification of Zoning Ordinance 9500. ME C. The City Commission finds that the project would not create ak adverse impact on air quality, ground water, soils, animal life, vegetation, waste water management or solid waste disposal, and further finds that it would have a number of positive impacts U- including: (1)* The costs pf conStruction of Phases II and III will total approximately S116 million and requfma a total of 1,730 employees. Approxir:ztely 87% or $101,137,035 will be spent in the region. Per anent cii:ploymceiit rz.ay reach 2,749, with 2,049 being relocated from within the rogion, and 700 newly created jobs. 1,n cstimstcd SGG million %,.,auld represent value added to the regional cccncmy. (2) An annual surplus of over 2.8 willic-n dollars to taxing jueisdictions with approximately 999.311 for Miami. S658.821 for Dade County, S753.715 for -the School District, and $41,745 for the South Florida Water Management District and special districts combined. 19 (3) Access and circulation should be improved by the applicants fair share contribution toward a southbound left turn lane diG venue!s. E. !n street, 11"e signalizatic'. az 2: closing of the median opening at Brickell Avenue and Ambassador Drive, and the restriping of S. W. 8 Street from S. W. 2 Avenue to S. W. 3 Avenue, for a fair share total of $122,407. -4 1 me e. The City Commission also finds that: (1) The project will have a favorable impact on the economy of the City; and (2) The project will efficiently use public transportation facilities; and (3) The project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) The project will efficiently use necessary public facilities; and (5) The project will have a favorable impact on the environment and natural resources of the City; and (6) The project will not adversely affect living conditions in the neighborhood; and (7) The project would not adversely affect public safety; and (8) That there is a public need for the project. Section 2. A Development Order and Major Use Special Permit, attached hereto as Exhibit "A" and made a part thereof by reference, approving with modifications, the ariekell.Square Project Phases IT and ITT, a Development of Regional Impact, proposed by Tfsh„man-Spoyer/Equitable Joint Venture, for approximately 845-999 arickeli Avenue (legal description on file until the Departrent of Planning and Zoning Boards A&'dnis,trztian), be and the sz:;;W is hereby granted and issued. Section 3. Thra Consolidated Application for 0 cvelopr;. nt Approval As revised pursuant to Condition 15 Exhibit "A" is incorporated herein by reference and retied upon by the parties in discharging their statutory duties under Section 380.O6, Florida Statutes and local_ ordinances. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Council, City and Applicant, its successors and/or assigns, jointly and severably. Section 4. The Report and Reconiziendations of the South Florida Regional Planning Council, attached hereto as Exhibit "B" are incorporated herein by reference. Section S. The development order, as approved, shall be binding upon the applicants and any successors in interest. 1-39-410 -3- Section 6. The City Clerk is hereby authorized and directed to send certified copies of this Resolution immediately to: the Florida Department of Veteran and Community Affairs, ^:vision of Local Resource Management, 2571 Executive Center Circle East, Tallahassee, Florida 32301; the South Florida _ Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021; and Tishman-Speyer/Equitable Joint Venture, c/o Tishman Speyer Properties, 777 Brickell Avenue, Hiami, Florida 33131. Section 7. The recitals of fact referred to in the herein "Whereas -- clauses are true and correct and made a part thereof. PASSED AND ADOPTED this 10 th day of OCTOBER 1985. A MILL y PREPARED AND APPROVED BY: APPROVED AS TORM AND CORRECTNESS: ,"j gYi(� .'�` AS . NjAKW.LLLr STANT�CITY ATT NEY tlEY s' a ' -4- "- EXHIBIT "A` ATTACHMENT TO RESOLUTION L D OCTOBER 10,�` DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT: BRICKELL SQUARE: PHASES 1I AND III Let it be known that the ComA scion of the City of Miami, Florida, has considered in public hearing on October 10, 1985; the issuance of a Development Order for a Development of Regional Impact pursuant to Section 380.06 Florida Statutes, said development to be located in the City of Miami, at approximately 845-999 Bricked Avenue, being 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, AE211DE0 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 Dad;: County, Florida, lying west of the right-of-wey for South Ga+ystrore Drive conveyed to the City of Hirini for street purpo-ses, said right-of-way being rare particularly described in that certain d_cd dated Novc bcr 14, 19E9, filed t;4ny 26, 19GO in Official Records flog' 2076 at Peg--. 436 of the Public Records of Dade County, Florida, and in that certain deed, dated December 16, 1959, filed on May 16, 19€O under Cl-erk's File No. 6OR- 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 cnq PHASE tr* 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, N9 —4 1 0,1 Florida, lying west of the right-of-way being more particularly lescrit)ea In tnat-ertain q eq dateq Ngvenoer iu, *259, filed May r c• , F . 11 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" 19E0 .,nde- c1c7t'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. and after due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with pertinent regulations and the Report and Recommendations of the South Florida Regional Planning Council pertaining to the Development of Regional Impact takes the following action: Approval of Application for Development Approval subject to the following modifications: FINDING OF FACT WITH MODIFICATIONS Development The development proposed 1,279,792 gross square feet of floor area, comprised of the following elements as specified by the applicant in the Application for Development Approval, and figures submitted by applicant dated 6/15/85, for chases II and III. Phase II, south tOWCA^ e 2.B floors, �a3.5 ft. (MSL to top of parapet) 438,000 GSF of office uscS 17,000 GU of r'Eaail USCSS - 255,003 GSF of perking area Phase 1II. center to'wc r - 35 floors. 471' (M5L to top of parapet) _ 454,507 GSF of office uses _ - 5.285 GSF of retail uses 105,000 GSF of parking area Loading Area 5,000 GSF for 9 berths For Three Phases Open space - 161.794 gsf Pedestrian open space- 86,792 gsf 89-4 10` j Playa - 55,550 gsf ry Parking - —791 saaces l a le r3tove and below grade) The project is further limited by the following considerations: 'The applicable provisions and procedures of the City of Miami, and development plans submitted by Skidmore, Owings and Merrill, dated April 17, 1985, revised May 15. 1985, July 1, 1965, July 4, 1985, -and August 13, 1985 for Tishman -Speyer Properties - Brickell Avenue Miami. The development as proposed does not unreasonably interfere with the achievement of the objectives of state land development guidelines, or plans applicable the City of Miami. The development as proposed is consistent with local subdivision and platting requirements. The development as proposed is consistent with the summary and recommendations contained in the "Development of Regional Impact Assessment for Brickell Square Development of Regional Impact" Ho. 63.12. dated July, 1985 prepared by the South Fldrida Regional Planning Council. The project, as defined ivinc.,diately above, meets the require; nts for the issuance of a Deveiolm_it Order pertaining to a Developrasn t of Regional Impact as required under F.S. 3GO.06. _ Issuance of this Major Use Special Permit ricets the requirements of Ordinance 9500, the Zoning Ordinance of the City of Miami. THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS JOINTLY OR SEYERABLY WILL: 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: 'Designate five percent of ermsloyee parking spaces, located as close as possible to elevator ano auiioing entrances, for exciusive -ar us, vanPool use. 'Actively encourage and promote car and van pooling by establishing a car pool information program, and offering preferred parking spaces and work shifts to car and van poolers.j1e - 34 'Provide Metrorail, Metrobus, Met, ver, and shuttle service route and schedule information in convenient locations throughout the project. 'Promote staggered flex -time work schedules, four day work weeks, or other management actions and marketing strategies, that reduce peak demand for roadway capacity and thereby reduce transportation energy use. 2. Place temporary screens. berms, and/or rip -rap around the project to filter or retain stormwater runoff during construction. 3. Design, construct, and maintain the stormwater management system to meet the following standards: 'Retain the runoff from a 5-year storm on -site. and construct the project drainage system in accordance with all representations in the ADA. 'Prohibit any and all washdown of parking areas, unless wastewater is diverted to grass swales of landscaped areas with adequate capacity to retain the total volume of runoff. 4. Incorporate into the development, by restrictive covenant and/or lease or sales agreements, as applicable, hazardous materials accident prevention, mitigation, and response standards. At a minimum, these standards shall: 'Require that areas within buildings adhere hazardous materials or hazardous waste% are to be used, gerterated, or stored shall be constructed with impervious floors, without drains, to insure containr,cent and facilitate cleanup of any spill or- icak ga. 'Require that the loa.dino/unloading of any hazardous material or hazardous waste shall occur in a ccvrrr:d loading/unloading dock with a spill eontain=t area not eonnccted to t➢re project draina,,,� or sewer system. 'Prohibit any outside storage of hazardous materials or hazardous waste. 'Require all hazardous waste generators to contract with a licensed public or private hazardous waste disposal service or processing facility and to provide to Dade County DER14 copies of one of the following forms of 4- .. .ice :f .. ., rananument Draetiees: -a hazardous waste manifest; -a shipment to a permitted hazardous waste management 89-410. facility; or -4- -a confirmation of receipt of materials from a recycler or a waste exchange operation. 'Notify any tenant generating wastes of the penalties for improper disposal K of hazardous waste pursuant to Section 403.727, Florida Statutes. 'Allow reasonable access to facilities for monitoring by the City, Dade County GERM, and Florida DER to assure compliance with this Development Order and all applicable laws and regulations. For the purposes of this Development Order, a hazardous waste generator shall be defined as the Applicant and any tenant that falls under a SIC code listed in Exhibit 1 (DRI Assessment, page 61) attached hereto and incorporated herein by reference, and that uses, stores, or generates hazardous wastes. Hazardous wastes are defined as ignitable, corrosive, toxic, or reactive wastes, including those identified in Exhibit 2 (DRI Assessment, page 66); provided, however, that the uses in Exhibit 1 and the wastes in Exhibit 2 shall be simultaneously amended upon the addition or deletion of any or all of the listed uses, materials, or wastes by amendment to the "County and Regional Hazardous Waste Assessment Guidelines" incorporated by reference into Rule 17- 31.03(2). Florida Administrative Code. t S. Remove all invasive exotic plants from the project site as the site is cleared, and use only those plant species specified in Frhibit 3 (DRI Assessment, page 67) in future project landscaping. 6. Prior to any site clearing, consult with and follow the r°eco:aicndations of the City of Miami Parts Oepartmuc�t on transplanting trees presently on - site. 7. Notify Dade County, one month prior to start of construction, and allow access for construction monitoring, and delay construction up to three months in any area where potentially significant historic or archaeological artifacts are uncovered, and permit State and local archaeologists to survey and excavate the area. o. Obtain a yaneral drainage permit from the South Ficrida later N=_nagement District and necessary approvals from Dade County dater and Sewer Authority (WASA) for provision of water and wastewater service to the project, and from Dade County Public Works Department for solid waste disposal se i� prior to issuance of any certificates of occupancy. '� 9. Collaborate with the Police Department to incorporate security measures and - systems into the design and operation of the project. Permit Miami Police De;art=t t: cond_zt a security survey at option of Department. Developer to report to Development Order Monitoring , Official � _ prior to issuance of building permit. how and to what extent the Police - Department recommendations have incorporated into project security and ` construction plans. _ Provide roof space for a co,=unications antenna and supporting structure <- for the City's emergency communication system, if required, said antenna and appurtenances together with necessary services shall be at City of Miami expense. The applicant shall retain the right of architectural — approval. 10. At the request of the City, within one year of the effective date of this _ Development order, enter into an agreement with the Police Department to — . contribute a fair share of police capital facilities needed to resolve City concerns, if necessary and required by the City. The fair share contribution is to be considered an offsetting credit against any future City impact fees. • 11. Enter into an agretem�Ent with the City, if required, to contribute a fair s share of capital facilities required to provide adequate fire service to the prof ct, or, altcrviatively, pay a fair share contribution pursuant to an adopted City ir..=zct fcscs ordinrrce par'ta,ining to fire ,er"vice if such impact fete, orLin-r;; c is adopted by the City prior to obtaining final certificates of or_cupancy for pore than 57D0.000 square feet of office development. excluding Phase I, on -site. The fair share contribution is to _ be considered an offsetting credit against any future City impact fee. 12. Incorporate the following energy conservation measures into the development: x 'Air conditioning energy efficiencies (EER) equal to or greater than 12.0 e or less than 0.65 KW/Ton. 'Measures that effectively yield, in the cooling made, R-7 in walls and R- 19 in ceilings. 'Heat producing areas and equipment (cooking, water heating, etc.) isolated from air conditioned areas. 'Computerized elevator control system in all high-rise structures. N 9 —4 10 L� 'Individual electric metering of tenants. _ 6- 'Minimal use of incandescent lighting, and use of fluorescent task lighting and indirect sunlight where possible: — 'Hot water temperatures set at or below 105oF where allowed by health codes - and equipment requirements._ 'Lavatory water flow of 0.8 gallons per minute or less and water closets . that use no more than three and one-half gallons per flush. 'Light -reflecting and/or light colored wall and roof surfaces, with solar - ` absorption coefficients less than or equal to 0.50. - 'Use of airlock doors (vestibules) at major entrances on the east side of — Phase III. i 'Bicycle support facilities, includes secure bike racks or storage areas. and, if feasible, lockers and showers for project erployees. - 'Maximum flexibility of air conditioning systems to cool only occupied areas (on a floor -by -floor basis at minimum). - 'Air distribution using a variable air volume system. 'Central energy management systems that provide, as applicable, start/stop s optimization, tics' of day scheduling, electric demand limiting, night temperature set back/startup, programmed maintenance, and building lighting control. 'Natural gas or other non -electric energy sources for tacking and water ts' .- hearing in restLur nts. 4t 'Solar water titulars or waste heat recovery units to prvl eat eooi ing and �? washing hot vatcr in rc teurants. ul cr•of�u,'ib'sc. � 'Exterior shading or tinted or rcflcc0vc 91.u.s ;:o redline the a,raount of � direct sunlight entering air conditiancd areas. 'The applicant Shall prepare a stag :art signed by the regiztC1-cd project i>r f architect that all energy conservation conditions contained in Condition is 14 have been met in the preparation of the detailed construction drawings, £' -f prior to issuance of a building permit. 13. Construct all roadway and intersection improve nts identified in Exhibit 4 (DRI Assessment, page 71) and dedicate the improvements to the City, prior to issuance of final certificates of occupancy for more than E00,000 gross square feet of deveiupmenL o,r-� i Lc, i� iuu ii,y n` C.5'. �2 et _,-'8.n.t; :r fund, i bond. or provide a letter of credit for $120,000 (1985 dollars) to the City 1 for construction of these improvements. 4 14. Prior to issuance of final certificates of occupancy for more than 600,000 gross square feet on -site, including Phase I development. fund, bond, or provide a letter of credit for 54,358 (1985 dollars) for eonstructica of N sd� .7- a IS —:10 tMEN 11 r _ other transportation improvements to be determined by the City in the traffic impact area (Exhibit 5, DRI Assessment, Page 72). 15. Prior to issuance of final certificates of occupancy for more than 600.000 gross square feet on -site, including Phase I development, enter into an agreement with the County to fund, bond, ov provide a letter of credit in an amount not to exceed $196,200 (1935 dollars) to the County annually for construction of the Brickell leg of Metromover Stage II. This amount may be adjusted annually to reflect payoff of the bonds or other financial obligations incurred for Metromover Stage II construction according to terms specified in the agreement in a manner similar to adjustments currently made annually for the Downtown Miami Special Taxing District for the People Mover. If construction of the Brickell leg of Metromover Stage II has not begun by January 1, 1992, ail funds provided to the County pursuant to this condition, plus interest, are to revert to the Applicant by March 1, 1992. Otherwise, the requirements of this condition will terminate when ail bonds for the Brickell leg of Metromover Stage II construction have been retired. In the event that a special taxing district for funding the Brickell leg of Metromover Stage II is established by a local ordinancz, the payment requirements of the special taxing district shall supercede the requiremmnts of this condition, and any payments of funds to the County shall be credited against the special taxing district astcssr.:cnts. 16. Incorporate, into the routo rind cchcdulc infoirointion requircd uy CeaR,ditien 1 herein rstcrial for the County-operetcd Shuttle, Cf-Tvice tv an fron the Brickell Avenue r,2trorail station; provided ho:aever that, if ttcc County discontinues this service prior to operation of the Bric''cll le-g of Metromover Stage II, the Applicant shall provide weekday shuttle service to and fran the Brickell Avenue Metrorail Station at no cost to riders at 10- minute intervals form 7:00 to 10:00 a.m. and from 3:30 p.m. to 6:30 p.m., and at 30-minute intervals between 10:00 a.m. and 3:30 p.m. until Metromover Stage II begins revenue service. Applicant provision of this shuttle service jointly with other Brickell area developers shalt constitute tumpliance witn tnls 6konuition ai ivag ca ,.uc specified intervals are maintained and adequate capacity to serve project transit trips is provided. 17. Integrate all original and supplemental ADA information into a Consolidated Application for Development Approval (CADA), and submit three copies of the CAOA to the Council, one copy to the City, and one copy to the Florida Department of Coaimmity Affairs within ninety (90) days of the effective date of this Development Order. The CADA shall be prepared as follows: 'Where new clarification, or revised information+ was prepared subsequent to submittal of the ADA but prior to issuance of the DO, whether in response to a formal Inforsmation Adequacy Statement or otherwise, the original pages of the ADA should be replaced with revised pages. 'Revised pages should have a "page Number (R) - Date" notation, with 'Page Number' being the number of the original page, "(R)" indicating that the page was revised. and 'Date' stating the date the revision was submitted. 18. Prepare and submit to the Council, City, and Florida Department of Coamunity Affairs, an annual monitoring report containing an assessment of comliance with all conditions of the Brickell Square Development Orden, Phases I. II and III. complete responses to the questions contained in the Annual Monitoring Questionnaire (Exhibit 7 ORI Assessment, page 82) and included herein by reference, any other information required by Section 380.06(14)(c)(3), Florida Statutes (1984, or State rules, and the following: 'Identification of all tenants that meet the criteria established in Exhibit 1 and 2 of the C-ouncil ORI Assessment (pages 61-66). 'For each such tenant, copies of one of the following types of documentation of appropriate hazardous vizste disposal- -a hazardous waste manifest -a bill of loading from, a bonded hazardouz wasto transporter indicating shipment to a per«itte:d hazasrdwus watts r:ant:c.c;;,'cit focility, or -a confiri-�Eation of I coipt of fw:'CC3�il fra;i a rjcycler, a 1£tzstc''' C3C!IMIG; operation, or other parr, ittcd 1;azard.oU5 v:.dte facility. 'The applicant is to provide VIC City with a Sic_•,nctd state matt po,ior to the issuance of the Cer•tificato of oceupzncy that all earlditions corrteincd ire Condition Ho. 15 have bz a 'Such affidavits as Tray be required by the City pursuant to Condition 26 herein. 19. Provide 2 fire hydrants on Brickell Avenue and 1 fire hydrant on S. E. 8 Street, restriping of parking spaces, landscaping on the south side of the project, and that a clear area be maintained along Brickell Avenue to provide proper vision for police vehicles, pursuant to conrients of the Miami Large Scale Development Coalnittee, at its meeting of May 29, 1985. 20. Prior to the issuance of a building permit for the urrcKelr Square rroject for increased floor area in excess of 3.25 F.A.R., the owners must obtain from the City of Miami a certification that the requirements of the -g- 4. 0 Offsite Affordable Housing bonus provisions per Section 1556.2.2. Ordinance 4500, have been met to the amount of 1.00 F.A.R. 21. Prior to the issuance of any construction permit in Phases 2 and 3, a in Unity of Title covering all properties within Phases 1. 2 and 3 shall be El M@ submitted to the City for recordation in the public records. • THE CITY WILL: 22. Consult with the Applicant -to ensure incorporation of security measures and systems into the design and operation of the project, including provision for emergency helicopter hovering above the roof of the office towers. 23. Withhold issuance of final certificates of occupancy for more than 500,000 gross square feet of development on -site, including Phase I. until the Applicant has compiled with Conditions 10, 11, 13, 14, 15, and 16 herein. 24. Cooperate with the County in the development and adoption of appropriate County ordinances to extend the Metromover special taxing district to the Brickell area or to impose a one time transit impact fee on all development - benefiting from Metromover. 25. Provide that the effectiveness of the Development Order shall be stayed and no further development permits thereunder shall be granted, until such time as an Amcnded ADA, providing updated infonnLtion, is subu-Mttcd to the Council, City, and State and an t!.rczndCd De:velopm-'r-mit Order issuod, if Condition 15 hss not ti ca rat withib throo (3) yo-ars of VIC effcctive date a of this Developr;; nt Orelcr or if construction of the Drickell leg of Metronover Stage II has not begun by January 1, 1992. If this condition is triggered by events outride the control of the Applicant., the scepe of the f Amended ADA and the review thereof shall be limited to air quality and transportation information, impacts, and issues; and the applicant will be r able to complete any development for which permits have been issued, provided that such development does not exceed 960,000 square feet on -site, including Phase I development. Air quality and transportation information in the amended ADA shall be in the forvmat specified in Exhibit 6 (DRI assessment, page i.>> or, at the option ui use �.uuiwi 1, wsuw ml 1 —lac 1.,uj be specified. Should the Development Order be stayed pursuant to this conoition, nothing herein shall be construed to limit Condition Z9 below that this Development Order runs with the land, and its toms and conditions are binding an the Applicant. its successors, and/or assigns. -10- 26. Require that the annual report be submitted to the Council, City, and Department of Community Affairs (DCA) on the anniversary of the effective date of the Development Order. The annual report shall include. at a minimum, a complete response to each question in Exhibit 7 (ADA Assessment, page 82) and any other information required by DCA in accordance with Section 380.06(14)(C)(3), Florida Statutes (1984)• The Planning Director. City of Miami Planning Department, or a project director to be named later, is hereby designated to receive this report and to monitor and assure compliance with this Development Order. Development Order conditions shall be reviewed by the City prior to issuance of any development permit and for those conditions that cannot be reasonably monitored as part of local permitting and inspection processes, a notarized form from the applicant assuring compliance with such Development Order conditions is to be included in the annual report. 27. Incorporate into the Development Order for Srickell 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 by other specified dates. (Figure 1). 28. Require, within 30 6ys -of the effective date of the developmiaat order, recordation of the 0rickell Square Develops rlt Ordcr with the Clork, Dare County Circuit Court, pursuant to 5'c-ction X310.0604)(d), Florida Statutes (1984). spccifying thitt the 0cvelr, nanit Order runts witlt tkie land and is binding on the /,pplicarit, its su cc:ssors, and/cr as,, !i , oit°,.tly or severabiy, and shall include the folioaing: a. That the City Commission of the City of t1jar11, Florida, has issued a Developmcnt Order for the 0 rickeil Square Project. Phases II and III a Development of Regional impact located at 845-999 Orickell Avenue. b. That the developer of the 6rickell Square Project is Tishman- Speyer/Equitable Joint Venture, with offices at 777 Srickell Avenue, Miami, Florida 33131. c. That the Development Order with any modifications may be examined in the City Clerk's Offices, 3500 Pan American urive, uinner ney, viiam), Florida 33133. d. That the Development Order constitutes a land development regulation applicable to the property; that the conditions contained in this Development order shall run with the land and bind all successors in 4aina 11naerstood that -ecordinu of this noti Ce mall !lot 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 by December of 1996, unless actual construction work, excluding grading or excavating, is substantially under way on that date. .29. Work with the applicant to prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of this Development. — 30. Work with the applicant to develop a Minority Contractors/Subcontractors Participation Plan to be submitted within ninety (90) days of the issuance of this Development Order. CONCLUSIONS OF LAW The Brickell Square Project, prepared 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 achievement of the objectives of tha°adapted State Land Development Plan applicable to the City of Miami; and • The proposed dovelopmcnt is gc,.nerally cciistcnt with the Report and Reco=endatiots of th Sout'a Florida Regional Pltiiiting Council and do.° not unreasonably interfere a<1 , any of tiic considcirLticns ;,r.d cujcctivc^ rot foylth in Chapter 21i;0, Florida Statutcs. Changes in the project i-Jiieh dc) not czcccd dCVCAc; f:„; 1t per°. a_tcrs set. fortis In the Applications for Dcvolo;--art fppruval and Pcipcit Grad Cccc r ad4fierrs Of the, Regional Planning Council shall not constitute a substantial deviation rr:d4r Chapter 38D Florida Statute%, notwithstanding City zoning approvals which may be required. 89-" 410 -1Z- [a STE CITY ISSUES CERTIFICATE CITY ISSUES oEvELOPWAT ORDER OFF OCCUPANCY (PH Ill EFFECTIVE DATE CONDITION 6 913 Dbtysr CONDITION 5.7 9CONDITIwill 7 ONE YEAR FROM TWO YEARS FROM THREEYE. Sr-=11 FOUL' YEARS FR%4 EFFECTIVE DATE EFFECTIVE V�zm EFFECTIVE DATE —50 uys EFFECTIV (2— FF CONDITION 2!1 CONDITION J? CONDITIONS i[PT ). S(PT I.4(PT) 9.12 AND FOR + 3.25 FAR, 20,21*22 tIMELIN9 tY CONDITIONS I (PTI, 2, 3 (PT,11. BAND FOR +50,CCD S. R EXCLUDING PHI, 11, APEND VU R 500,000 SF. I K=V Or I TJ; 0 F H I 13,14, 15 AIM 19122. 2.0. FIGURE I BRICKELL SQUARE PHASE IL AND X TIMELINE PH-ISE III IS INTENDED TI COMMENCE vu jumm 11995, -AND TO BE COMPLITED IN 199*1 CONDITIONS l(PTI,31PT).,)(PTI.16 NOTE: THIS TIMELINE IS INTENDED TO LLUSTRATE THE SEQUENCE OF CONDInONS fS SET FORTH IN THE DEVELOPMENT 01 DER; NOT 70 ESTABLISH CALENDAR DATES I In''pi��A'li"''I4illa� iq ...PZm7 PLANNING FACT SHEET APPLICANT Lucia A. Dougherty, Attorney Greenberg, Traurig, Hoffman, Lipoff, Rosen and Quentel, P.A., Attorney/Authorized Agent for: Tishman Speyer/Equitable Joint Venture February 2,1989� -PETITION APPROXIMATELY 845-999 BRICKELL AVENUE Lots 10(pt) and Lot 11(pt); All of Lots 12 and 13 _ Block 104 S AMENDED MAP OF BRICKELL'S ADDITION TO THE 4= MAP OF MIAMI (B-113) P.R.D.C. A Resolution, with attachment, amending a previously -approved Development Order and Major Use Special Permit (Resolution 85-1060; October MR 10, 1985, attached) for the Brickell Square Phases II and III Project, approximately 845-999 Brickell Avenue, a Development of Regional Impact pursuant to Chapter 380.06 F.S., and Major Use pursuant to Zoning Ordinance 9500, by amending Condition 25 to extend a deadline and by amending Condition 37 of said Development Order by changing the commencement of Phase II � to November 1991; Phase III to June 1995 and r; ,r completion of the entire project to 1997, from June 1987, January 1991 and 1993, respectively; further finding and confirming that such changes do not constitute a substantial deviation pursuant to Chapter 380. F.S. and that these changes are not part of the Dovrntov,n Developitient : of Regional Impact Development Orders (Resolutions 87-1148 and 1149; Deceimber 10, 1987), incorporating these findings in (' Conclusions of Law, directing the City Clerk to send copies of this Resolution to affected agencies and the developer; and containing an effective date. REQUEST To extena the time frame for commencement and completion of the Brickell Square Phase II and III Project to a time period from 1991 and 1997. Item BACKGROUND Brickell Square Phase I (Tishman Speyer Project) was completed in 1986 pursuant to a previously approved, Development Order (Resolution 83-695; July 28, -1983) for a Development of Regional Impact pursuant to Chapter 380. F.S., and Major Use Special Permit (Resolution 83-694; July 28, 1983) under Ordinance 9500. • Brickell Square Phases II and III, intended to _. occupy the remainder of the site at Brickell Avenue and SE 8th Street, was authorized by Development Order (Resolution 85-1060; October 10, 1985) to include 1,279,792 gross square feet of floor area, as shown on the attached copy of the Development Order. ANALYSIS The purpose of this amendment is to extend the time frame for. commencement of Phase II, Phase III and completion of the entire project as follows: Entire asp II Phase III Project Novem er 1991 June 19_95 Commencement Jufte — 98� I A9� l m Completion - _ In t6'e application, the* applicant's . justification for the change rests on: -- a) delays in the provision of public infrastructure e.g., Brickell extension of the Metrormo e :f b) hampered marketing while the Brickel 1 Bridge is being replaced; and e) the lack of market for office space at this time, which is expected to improve in the future. The Planning Department judges that, while reasons a) and b) above are indeed contributing factors, the prime reason for the developer's reluctance to proceed �s the current high vacancy rate for even first-class buildings in Downtown estimated in excess of zoo of all office space. Recall that in the last 3-years, over 3 million square feet of new office space PAB"°"� Item # has come on line in the Brickell area and Central Business District. This particular developer, Tishman Speyer, is a Department ational diseforced to The supportnthis Departmen Y application. RECOMENDATIONS Approval. PLANNING DEPT. r Nor - LAW OrrICE3 GRsr.N@ERG, TRAURIG; HorFMAN, UPOFR, ROSEN & OucwrtL, P.A. 1221 9RIICKELL AVENUE MIAMI, FLORIDA 33131 - MIAMI (305) 579.0500 • ®aow^Ro (305) 523 .8111 WEST "ALM BEACH Orr?Cd BAOWAAO OrOPICC Ow 500 CAST SPOWAVIO SOULEVAQO �_ SUITE 1350 TCLEx 8Q•312a 00 AUSTRAUAN AVENUE TCLECOPY (3051 579.0717 SUITE ZOI TOOT LAUOCOOALE. rLOP10A 33394 WEST PALM 9[ACN, rLOR10A 3JAO6 •071 693 • (611 - 3051 785.0500 -ELECOP• 0051 763-iA77 *CLCCOPV 140718®3.8"7 - LUG CpTM PLdAid RCPLT TO: MIA041 OrrlCt 579.0603 -_ - December 15, 1988 Mr. Sergio Rodriguez Mr. Guillermo Olmedillo z Assistant City Manager Planning Director - City of Mimi City of Miami 3500 Pan American Way 275 N.W. 2nd Street Miami, Florida 33133 Miami, Florida 33128 Re: Tishman Speyer - Phase II and III Amendments to D.R.I. - Resolution No. 85-1060 Gentlemen: Please find enclosed a notice of•change for DRI amendment that 'has been prepared on the form provided by the Department of Community Affairs. My -form understanding is that the City uses the same for amendments to Major Use Special. Permits. Hence, please consider this enclosure a fo=aal request for Aumend- went to the Major Use Special Permit for the above -referenced project. Sincerely, Lucia A. Dougherty LAD/jhd enclosure 89-��1E� LAW Orr10E3 GRCENeEP,w, TRAURIG. HOrrMAN, Uporr, ROSCN tk OUCNTCL. P, A. -ErrPEY w AGRON •LAN S. GOLD rERNANOO C. ALONSO STEVEN C GOLDMAN CESAR L. ALVAREZ STEVEN M GOLDSMITH ­NDA C. ANORCWS JOSCPM G. GOLOSTCIN Au00LPH r ARAGON _AWPCNCC S GORDON w EwP, L 8ARSM MATTMEW 6. GORSON -.LARIE BASS DIANNE GREENECRG ALTSSA M 6AUMGARTCN -CLVIN N GREENBERG VORMANJ BCNrORD OOSCRTL GROSSMAN _ SA J 6EPGCR CARMEN M .-tRNANOEZ -ARK O BLOOM LISA A. n 4SCH _ECNAROO r BRITO KENNETM C. HOrrMAN rwANCIS B BROGAN. JR rARRV J-OrrMAN BywT BPUTON - uARCOS 0 JIMENEZ S-EVE BULLOCK - MARTIN -ALB - OOBEPT K BURLINGTON LORI C' KILBCRG A.SEPTO P CARDENAS '.•MOTMv E KISH --•I.L:P J CARVEP STEVEN J KRAVITZ -ICHARO G CHERRY STEVCN A LANOT SSE— Como ALAN S. LCOCRMAN -ENOALL B. COrrEY GARY A "VINSON ZIANC M CONNIrr NORMAN M LIPOrr _ErreEY D OCCARLO CARLOS E LOu MICT CSCAR G ZC .A GUARDIA -LIAN P LOUMICT ALBCRT A 7CL CASTILLO NANCY LUR/A-COMCN ALAN T DIMONO BRUCE C VACOONOUGM _-C.A A JOUGMCRTY ROBERT P MACINA CnAPLCS W COGAR. n1 ANOREW L MANN SuSAN O CLSCY PCORO J MARTINEZ-rwAGA -ENPY - -BUCKYI rOK -OCL D. MASEP AOBCRT J FRIEDMAN JUAN J -AWOL, -R -OBEPT C SANG WILLIAM LEE MCGINNESS --C-ARO G GARRET* -OMN T MCTZGEP . 9RIAN A GARY _OUIS P MONTCLLO. -R sauce - GILCS•KLCIN ALICIA M MORALES a,r-APD - G.,STO -ANCY _ .. BPIEN _+ 0E.ICE rOOOrSAY PCSCCCA R GRAND VIA FEDERAL EXPRESS OEBBIC M ORSHCrl KY STEVEN J. PAROO OLGA C. PARMA MARSMALL R wASTERNACK MIAMI OrrICC BYRON G. PETCRSCN 1221 BRICKELL AVENUE ALBERT D. OUENTEL MIAMI, FLORIDA 33131 JOEL PCINSYEIN TELEPHONES MARK J. REISMAN 6u1S PEITCR MIAMI13051 579.0500 CONSTANCE M PIOOCR BROWARO 13051 523 •61/1 ANORCB RIVCRO 'ELEII 80.312A KENNETM 6. POOINSON -ELECOPY 13051 579.0717 NICHOLAS ROCKWELL RAOUCL A ROORIGUEZ ALAN H RO MwPViN S eOBJEN OSC WEST PALM BEACH Orr -CC MICHAPO A ROSENBAUM .00 AUSTRALIAN AVENUE • S..TC 201 RONALO M POSENGARTEN WCST PALM BEACH, fLOR10A 33A06 DAVID L. ROSS 4071683.6611 ALOCN C. RUDOLPH 'ELECO►+ 14071603. 6447 GARYA SAuL CLIrrORO A SCHULMAN MARLENC K SILVERMA« STUART M SINGER BROWAwO OrrICC -OLLY P SKOLNICK SDO CAST SROwAPO BOULEVARD • SUIrC 1390 DAVID R SOrTNESS rORT LAUOCPOALC. rLOR10A 33364 _AURA P STEPMENSON :3051765.0500 3AV1O J. 'A«CY TCLCCOPr/3051765 ••A77 LAuRA M THOMAS OSVALDO r TOONE$ POSCRT H TPAURIG WRITER S DIRECT NO JERROLD A WISH ROBERT M WOLF -1MOTHY G 579-063 rSO14WOLrrS.CIL(305) w pLCA C RCPLY TO: &OAMDAN RS Uproem oER MIAMI Orrice ZACMAPY M WOLrr PET,PEOI December 15, 1988 Mr. Alto T. Thomas A East Coast Community Program Administrator Department of- Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Re: 1,70tifica ion of a Proposed Change to Previously Approved Developmental Regional Impact (DRI ) Known as Brickall Square Project Phases I and II; Tishman Ecuitable Joint Venture: Dear Alto: I am hereby transmitting to your attention, in accordance with the requirements of the Florida Department of Community Affairs, a notification of the proposed change to the previously approved Development of Regional Impact for the above styled project located 845-999 Brickell Avenue, Miami, Florida. By separate cover I am transmitting a copy of the appli- cation to Jack. Osterholt, Executive Director, South Florida Regional Planning Council. The original was filed with the City of Miami, Florida, as of today's.date. &aGlid 89-41, ., 1 cc: Jack Lowell JtrrREv P AGRON rtANANOO C. ALONSO CESAR 1.. ALVAREZ _INOA C. ANOREWS .0000LPM r ARAGON •VPRIL BARSM -•LARIE GASS ■LYSSA M SAUMGARTEN NORMANJ BENrano _�SA J BERGER MARK 0 BLOOM _CONAROO r 6RITO rRANCIS 6 GROGAN, JR. BURT BRUTON STEVE BULLOCK QOBERT K BURLINGTON a,SERTO R CAPOCNAS ---LLIP J. CARVER RICMARO G. CHERRY S V E'M C066 •ENOALL S. COrrEY JIANE M CONNIrr _ErrREv O OCCARLO CSCAR G ZC — GUAROIA ALSCRT A ][L CASTILLO A..AN T OIMONO _.:CIA A OOUGMERTY C-AR1.CS W COGAN. III SUSAN O. ELSEY -ENRY w ISUCKYI rOE mOSERT .I rRICOMAN ROSCRT C GANG RIr..ARO G GARRCTT BRAN A GART sauce - GILtS•KLEIN e.C-.ARO. r.: STO _ "RCNCC '.COOrs.r LAW Orrlcc5 -- GRctNsr_P,... TRAURIG. HorrMAN. UPOFF. ROSEN OUeNTEL. P. A. ALAN S. COLO STEVEN C. GOLDMAN STEVEN M GOLDEM.TH JOSEPN G. GOLOSTCIN LAWRENCE S. GORDON MATTHE W s. CORSON OIANNC GRCCHOERG -CLVIN N. GREENSCRO R06CRT L. GROSSMAN CARMEN M .-ERNANOEZ LISA A. HIRSCH KENNETH C. HOFr-AN LARRT J. HOrrMAN MARCOS O .IMENEZ MARTIN KALB . LOal C. KILSERG TIMOTNT E KISH STEVEN J. APAVITZ STEVEN A. LANOT ALAN S. LEOERMAN GARY A LEVINSON NORMAN H L.Pcrr CARLOS E. LOUMICT ..UAN P LOUMICT NANCY LURIA.COMCH sauce E. MACOONOUGH raO@CRT P MACINA ANOREW L MANN PEORO J MARTINCZ. rRAGA JOCL O. MASCR JUAN J. MATOL. rR WILLIAM Let MCGINNCSS JOHN T METZGER -OURS R -ONTCLLO...R ALICIA M MORALtS -ANCT L O 6RICN ResECCA R ORANO VIA FEDERAL EXPRESS nEBBIt M ORSHCrSKY STEVAN J. PAR00 OLGA It. PARRA MARSMALL R, PASTERNACK SYRON O. PETERSEN ALBERT O.•OUCNTCL JOEL RCINSTCIN MARK J. REISMAN LJIS REITER CONSTANCE M. R(OOCR ANORCS RIVCao Kth NETM a. ROBINSON NICHOLAS ROCKWCLL RAOUCL A ROORIGUEZ ALAN H ROLNICK MARVIN S ROSEN PICMARD A. ROSCNDAUM RONALD M.ROSCNGARTCN JAVIO L. ROSS ALOCN C. RUOOLP.. GARY A. SAUL CLIrrORO A SCHULMAN MARLENE K SILVCRMAN STUART H SINGER -DOLLY R SKOLNICK OAVIO R SOrTNESS '.AURA P STCPMCNSON OAVIO J. TANCT LAURA M TMOMAS ZSVALOO r TORICS ROBCRT H TRAURIG JERROLO A WISH ROBERTM WOLr TIMOTHY O. WOLrE SHEILA WOLrSON AOAM S ZIPPER ZACHARv H woLrr AE-•PEOI December 15, 1988 Mr. B.. Jack Os.terholt Director South Florida Regional Planning Council 3440 Hi�llyWood Bbulevard Hollywood, Florida 33021 MIAMI Orrict 1221 SPICKeLL AVCP'fuC MIAMI. rLOR10A 33131 TILE►MONts MIAMI (3051 579.0500 BROWARO 13091 523 .81I1 -CLEX 80.3124 'CLECOPT 13051 572 •0717 WEST BALM BCACH OrrICK 00 AUSTRAUAN AVENUE - SUITE 701 .CST PALM *CAC.. rLOR10A 33406 .4071 403 •0011 't L[COKT L10 71 683 •6Y7 SaOWARO OrrICE 900 CAST BROWARO BOULCVARO - SUITC 1350 rORT LAUOCRDALC. rLOR10A 33364 3051760.0500 -ELECOftT 13051 765 •.A77 WRITER 5 OIReGT NO: (3 PL ASs N 9L4 O: MIAMI OFFIC9 Re: Notification of a Proposed Change to Previously Approvcd Development of Regional Impact (DRI) Knoun as 13rickell Square Project Phases I and 11; Tishman Eauitable Joint; Venture Dear Jack: I am her -transmitting to your attention, in accordance with the requirements of the Florida Department of Community Affairs, a notification of the proposed change to the previously approved Development of Regional Impact for the above styled project located at 845-999 Brickell Avenue, Miami, Florida. By separate cover I am transmitting a copy of the appli- cation to Alta T. Thomas, East Coast Community Program, Adminis- trator, Department of Community Affairs. The original was filed with Dade County, Florida as of today's. Jack Lowell 89-410. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT -= BUREAU OF RESOURCE MANAGEMENT 2571 Executivo-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, = FOR THE FEC SECTION 6 PROPERTY, DADE COUNTY, FLORIDA -- 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, -- following and the state land planning agency. The f g form is recom- mended by the Florida Department of Community Affairs although it _. has not been adopted•by rule to date. 1. I, ALAN S. GOLD, as authorized attorney and repre- sentative of Tishman-Speyer/Equitable Joint Venture, hereby give noticd of a -proposed change to a previously approved Development 4' of Regional impact in accordance with Subsection 380.06 (19) , Florida Statutes (1908) . In support thereof, 1'' submit the fol- lowing information concerning The ►Brickell PrOiCict Phase s II and 111, which information is true and correct to the best of my knowledge and belief. I have submitted today, under separate cover, copies of this notification to Dade County, Florida, and MOM to the South Florida Regional Planning Council, and to the Bureau of Resource Management, Department of Commun. f� � _ 1 ( ante) an S. Greenberg, Traurig, Koffman Maw Lipoff, Rosen 6 Quentel, P.A. F39-41 2. Applicant: Tishman Speyer Properties 801 Brickell Avenue, Suite 1400 Miami, Florida 33131 (305) 372-1600 3. Authorized Agent: Alan S. Gold as Attorney for Tishman Speyer/Equitable Joint Venture c/o Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131 (305) 579-0880 4. Location: Approximately 845-999 Brickell Avenue, Miami; a portion of Lot 10, a portion of Lot 11 and all of Lots 12, and 13, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO-MIA14I according to the plat thereof recorded in Plat Book "B" at Page 113 of the Public Records of Dade County, Florida. 5. Prior Chances: Describe -and indicate on a project master site plan or other maps all individual change's previously made to the develaT pient. Please describe all changes previously made in the plan of development, phasaing, build -out, date or in the reuresentations contained in the application for development approval (ADA) since the DTI first received approval. RESP014SE: There have been no previous changes made in the plan of development, phasing or build -out for the Brickell Square Project Phases I and II. The effective date of the Development order is January 2, 1986. A timeline was referenced in the Development Order (figure 1) which indicated phasing of conditions and com- mencement dates. Such timeline indicated that Phase II would commence by June 1987 and phase III would commence by January 1991 and be completed in 1993. This request for change only relates to such phasing and build -out. No prior amendments have been requested to the development or phasing. - 2 - 6. Describe and indicate on the project Master Site Plan all currently proposed changed to the development. Please describe in detail all proposed changes to the last approved plan of development, phasing, build out date, or to the representa- tions contained in the last approved application for development approval (ADA)•. RESPONSE It is proposed that the timeline that was referenced in the Development Order for Brickell Square Phases I and III (figure 1 of Resolution No. 85-1060) 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 estab- lish calendar dates". No other changes in the conditions or Development Plan is requested or proposed. 7. Has there been a change in local government jurisdic- tion_for any portion of the development since the last approval or development order was issued? RESPONSE 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. . RESFOEtiS2 No lands have been purchased or optioned within the rule of the original DRI-site by this applicant. 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 compre- hensive plan. - 3 - RESPONSE 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. RESPONSE 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 character is tics or proponents of the pro- p®sed change. RESPONSE The following proposed specific changes to Resolution No. 85-1060 are requested:k (1) Applicant Condition 37, Page 11 of the Development Order is requested to be amended as follows: Incorporated into the Development Order for Brick.ell' Square a timeline showing the project phasing, specific elements of the project plan, and conditions of the Develop- ment Order which are to be met in each phase or by other dates. For purposes of this timeline, Phase II shall commence in November, 1991, Phase .III shall commence in June, 1995 and the project shall be complete in 1997. All other conditions shall Be in accordance with the schedule arovi ed in the timeline (figure 1). * Amendments are underlined. - 4 - 89-410. 10 em (12.) Justification for the pr000sed change. Modification to Condition 27 is required to = permit Tishman-Speyer/Equitable ,joint Venture four and one half additional years to 'initiate .construction and complete Phase II = and III. 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. _ (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 1, "or any new type of impact not previously reviewed by the " South Florida Regional Planning Council and the City of fk iami. (5) The proposed change to conrtenc:ement and completion dates, by an additional 4 1/2 years, is presumed, by statute, not to create a substantial DRI devaluation. f 89-410. e AFFIDAVIT y< tl► L: • 1� i . Before me, the tzndersigned• author ZT, this day personally t Ire f irst duly sworn. Lucia A. Dougherty �o being bY' a upon oath, deposes and says: 1. That he is the a;gner, or the 1ePI rePre tive of the owner, submi.ttilg the acca�Ying appl.icat'm for a public hc2xl g as required by pr ixmce 130. 9500 of the Code of the City of Miami F].oricLa. effecting the realProPerW located in the City oft ^ d - as described and listed on the pages attached to this affidavit and rnade a pam thereof. 2. That aU owners which he repre-- ants, if ap, have given their full and ccmp3.ete • pez'�sian for him to act in their behalf for the change or modification of a classification or regulation of zoning as set cut in the accompanying Petition. 3. That the pages attached he and m3rie a P of this names, mailer �,resses, phi�� Tand affidavit contain the current er or legal legal. descriptions for the real pr which he is the ovan representative . t,.. The facts 'as r-VreSemed in the applicasion and docucr.�lts ion with this affidavit are true and correct - Witted in conjunct Farther Affiant sayeth not. Lucia 1=.. DoughertY Nor": to and Subscribed before me this A( � of U�lg N l.ic, Mate of Florida at Large My Crxni.ssion Expires: ';'TARP P09LIC STATE OF FURIDA wY CONNISSION EXP. OCT 12.1991 eOIDED MPU GENERAL INS. UN3. 89-410 . 12- OWNER'S LIST Owner's Name Equitable Life Assurance Society of the United States c/o Lucia A— L7oda. Sex ) , •._ . 111.1- Mailino Address Greenberg, Traurig, Hoffman et al. 1271 Mi.V7 l u e Telepnone Number Miami.., Florida 33131 Phone (305) 579-0603 mega) Description. A portion of Lot 10, a portion. of Lot 11, and all of Lots 12 and 13, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, according to the Plat thereof as recorded in Plat Book B at Page 113 of the Public Records of Dade County, Florida. , Owner's Name E uitable Life Assurance Society of the United States c/o Lucia - Mailing Address (above) Telephone Number Legal Description: Lots 14 and 15, Block 104 South, AMENDED MAP OF BRICEELL'S ADDITION TO MAIMI, according to the Plat thereof as recorded in Plat Book B at Page 113 of the Public Records of Dade County, Florida Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description • reco�(e,116 P��,p(� t ai- �c Iti Street Address jt 1 �h t N o Street Address- Legal Description 89--41C . 13 H 1. Legal description and stet address of subject real. prosy: Legal Description: A portion of Lot 10, a portion of Lot 11, and all of Lots 12 and 13, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION TO MIAMI, according to the Plat thereof as recorded in Plat Book "B" at Page 113 of the Public Records of Dade County, Florida. Street address'. 845-999 Brickell Avenue, Miami, Florida 33131 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of a2.1 parties aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Cortmission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and prtionate interest. Equitable Life Assurance Society of the United States c/o Tishman -Speyer Properties, 801 Brickell (Avenue, Miami, FL 33131 100% Ownership 5e,C. G?�Yti�`Di+ `t'q// CQYlcX 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375.feet of the subject real property. Lots 14 and 15, Block 104 South, AMENDED MAP OF BRICKELL'S ADDITION•. TO MIAMI, PB "B",•Page 113, Dade County, Florida. STATE OF FLORIDA ) SS: COUNTY OF DADE ) Lucia A. Dougherty (-fC�, -0y _PAI Lucia A. Dougherty , being duly sworn, deposes and says that ne is the ( (Attorney for Owner) of the real property described in answer to question 01, above; that he has read the foregoing answers and that the sane are true and cariplete; and (if aging as attorney for owner) that he has authority to execute thV�. closure of Ownership form on behalf of the owner. _ SWOM TO AMID SUBSCRIBED before me this day of Mar 989 . MY COWSSICN EYSIFES: (SEAL) Lucia A. Dougherty Weary Public, State pX . • 177 Florida at Large N 0- tiY Cu:.A1:sI07 CAP. CST 12.15X .BONDED THRU CENERAI_Iti:.. UHD. LAI EXHIBIT "A" r � one Brickell square q ■ ishmanSp0 _ 801 Brickell Avenue Properties Miami. Florida 33131 of Horld8 AL.~W-0rM"stow Direct Line: 305-372-1600 March 3-0, 19,89 im Ms. Lucia Dougherty _ Greenberg, Traurig etal 1221 Brickell Avenue, 23rd Floor _--- Miami, Florida 33131 Dear Ms. Dougherty: -- Enclosed is a list of the Board of Directors of The Equitable and a list of the Executive Officers of The Equitable. Please note _ there are no shareholders holding more than 5% of the stock. Should you have any questions please do not hesitate to call. Since y, E1 azabath Reyes -Diaz MarRet i ng Di rec"tor ERD: t f t•1"t . j Enclosure. -- 1 - �4 1, 0. c ,. vr,ov 'wICArn MIAMI BOCA RAYON FORTLAUDERDALE SAN FRANCISCO 15 r CHIEF UFt►.;c►�.� 1b Our Chews: _ We at Equitable Real Estate Investment Management, Inc. have frequently asserted that well -located, high-gttaliry real estate investments have an inherent stability not found in other asset clawes, and that fact was borne out forc ciully in 1987. The year's events underscore real estate's ability to provide long-term returns that are competitive with, and less volatile than, those of broad -based stock and bond market indices. Asstx management for domestic pension funds is our core bins, and since our formation as an mdepcndent subsidiary of The Equitable we have sought to build an organization to provide the highest quality investment ser- vices for our pension clients. Our commitment to this goal and continued solid investment results, substantially above the industry's average, helped Equitable Real Estate reach two milestones during 1987. We became the nation's largest of tax-eatanpt equity real estate assets, as camel by Peuio= 6 lnvestme7 r Age. In addition, Prime Property Fund's net assets passed the $3 billi 't mirk. Daring, the ye t, Equiubla Rr--d Caste =tmctcd S991 n Vilion in never invest- t12i 555 fi'oji p-m ".`on. C:.}:'."mts, bringing our to,—.J 6.i.Cty pc:SL� G 2 -f; f i L�fi 1Yt i:ry1 a i :a'JT t69 j r;"l'.w.3C \" e7.3 b2llmli� ill ffi 't'.'w,Produci . r1.f 1,17a (if i"tt� <�y=.:11 t 4 c tt 1_. :e ? =i7 t�';i 1'f l ?';t , ld .(i ,in ti,1s lei Gl.t L ,,... 4..._...}�... ..»i`�.. .,i. i..:.e:l.w �a t.t,N:..,. L¢. 1j o. . } .:.'�7C+i�E} . e;d, tit._r ,.,Iid .s.��s^w...ts .iiu.��! c::6, i�4SY.ii i rileF'1PleYies pla-"f^' id L.3 �.S F�wal l.Pt,ss�..au.::6 uL��.S� ✓"r./Rt'i.b liup n:��f�A.:=wvt c' �'J �.iW it �G.�il L) i:J:.� elusive purcl : th=i pitne ofiide bu°?d:�*ig-4. Our - do -long strat: gy of acquiring top-notch shopping tree,., --now about 33 percent of Prime Prop- eny Fund ---is paying off hand -comely. Clearly, an established portfolio like Prime Property Fund offers a diverrsihed real estate position that would be impossible to duplicate in the current envi- ronment. Even taking into account possible business and consumer re trench - mew in the coming year due to concern about the economy, the outlook for quality property investatents remains 1el2,ively strung. i tl: kK VUU LUI LIM 1V1U1L9.L1LC LULL JiAVC E,u1-CU LL1 t1J. ,"4: t.ALuCSt: LA"4 Equitable Real Estate continues to be especially well -positioned VAth superior real estate suited to today's demanding markets. George R. Pusku GeoMc R. ^s PJCsI U 2Rd Chief Chawrun and Chief omniuna Officer Ezecvuve Officer I /S- . 9-1 — KI vi= kc:�diilt M-Itz" i or cri pon1do mwv*mw VW v9 =-wczEqk��W, Es=, and i3 POrdQ&O Rw)* aw for Pima PFOPM FUni v4ft TtM fAwach Sam, Vica pM$jd-.nj Suzan Amato is Wdo5omwwWfox N6w Ropwo Fund, and Sen� VOBFFeUdffdvd*a35iM3M 01�, �jejee! Asset Srh"m ment Fund I. U _ s t The frm's butw and _ - Accaatts GraoP f � , invnmmn edvWY vd __ Pti'� services _toft me dw 250 pe�iort fund cats in fine PMPM Fund e±x1 The Mangirch Seim Exemm Vxe era P&A Dofrm seated let heeds the gw,GverwskvlwnOf - l trptt wd AmmM officers located in Atlanta. Now York,- - Chao ew frvum, Ca5f. Sam Vce Prudent Joyce Freter haad3 imftjdixd MUKCMV am prodw devel- oMm Vse Pram David a' Bradford is tesilonsihie forIRE t �s Essential to Equitable Real Estate's success has been the interdisciplinary - approach the company takes in meet- " ing the investment needs of pension clients. Typical of this is,the interac- tion between portfolio managcrs, front line real estate professiotnals in - the regional and divisional offices, and Institutional Accounts officers, who work together to plan invest• meat strategics. The company's 15 regional and divisional offices oversee rnartage• ment and enhancement of local and acquire new ones proPmt� suited to each portfolio's needs. This loMI pMCnwe h_qs been ess.,-ntial for ef-ective rnonitorins of activity in 211 rnzior Mill MMIte rt ricers, �~id for pos!tloninr the cornt)?.S'iy to Mite i adv,mtu:rr of acquisition ot3partttns- ti m d, to catuplete tr211-1-ctions quiddy o Picaead tyre n tfu� &L � Hotel in New York, a PriMS Prop�Y Fund ' t >j, are, f-M WL Tom MCDonaigh, —_ vice praeidarrt and aa°aat8nt portfolio manager for Prime RoportSr Fund; Mid" _ O'Briat, aA Ate vice MvWem for dw IVIU,C431WU 1 CYul" GUN — Dagfas tiealYt rr vlte pu nt in dtwge of d n the cor VM s New York ra*. n L] Board of Directors of The Equitable As of March 19 1939 John B. Carter New Canaan, Conn. President and Chief Executive Officer The Equitable Joseph L. Dionne New Canaan, Conn. Chairman and CK-I;f Executive Officer McGraw-Hill, Inc. William T. Esrey 1 Kan C Mission Hi a President and Chief Executive Officer United Telecommunications, Inc. Norman C. Francis New Orleans, La. President - Xavier University of Louisiana WE Harry D. Garber Garden Ci ty, N.Y. Vice Chairman of the Board _ The Equitable John T. Hartley Indialantic, Fla. Chairman, President and Chief Executive officerIL Harris Corporation Peter S. Heller New York, N.Y. Counselor -at -Law, Managing Partner. _ Webster & Sheffield Benjamin D. Holloway New York, N.Y. Vice Chairman of the Board Thd Equitable J ame s i.- Iiawa rd , Wayzata, Minn. Chairman and Chief. Executive Officer Northern States Power Company Richard H. Jenrette New York, N.Y. Chairman of the Board and Chief Investment orricer The Equitable Don Johnson Vero Beach, Fla. Retired Chairman and Chief Executive officer JWT Group, Inc. James R. Jones Former member U.S. Congress Washington, D.C. Counselor -at -Law, Senior Partner Dickstein, Shapiro &.Morin Board of Directors of The Equitable As of March 1, 1989 Winthrop Knowlton Cambridge, Mass. President Knowlton Associates, Inc. Research Fellow John F. Kennedy School of Government Harvard University Jewel S. Lafontant Chicago, 111. Counselor--at-Law, Senior Partner Vedder, Price Kaufman & Kamatholz Arthur L. Liman New York, N.Y. Counselor -at -Lave, Partner Paul, Weiss, Rifkind, Wharton & Garrison Richard S. Ross, M.D. Baltimore, Md. Dean Medical Faculty John Hopkins University School of Medicine George J. Sella, Jr. Newton, N.J. Chairman, President and Chief Executive Officer American Cyanamid Company Eleanor B. Sheldon New York, N.Y. Former President Social Science Research Council Marion Stephenson Winter Haven, Fla. Former Vice President, Radio and Industry Relations, NBC Radio Raymond H. Witteoff St. Louis, lino. President Transurban Corporation 17