HomeMy WebLinkAboutR-83-0694,.T-83-658 0
0
A I?1,1'011UTIO:: iSSUTING t, IiA.10" U!-'
AT'i ACIiI:D HERETO AS EXPT I;I'I' ",1" "VM I.:;CQRT'0'Z,\TFD
i;S' rll;!'ERI;NCf: A)'PI?.OVING 111I1rII CONDITTONS, ; H': Sl� TH
STREET AND RnTCF'EL1, AVI::�:I'I-: 1`10JECT, n'�OT'C�.`�ED F) '1 E
E:)UITABLE' LI:' E A1�-,URANCE SOCT"TY OF THL UNIT!- D STA'I'I;S
AND 'I'ISH"MAN-SPE:v.E'", 1T?OT'ERTIi:S, A .TOT' -,TT VI,NT1`T:, FOR
AI'PROXLIATELI' 841-999 I;",'1GK :L1, AVENUE,; AKTI ,, FTNDINC,'; ;
PROVIDING FOR ISSUANC': OF _> CLASS C ! ?PFCIAI, PFK,1IT,
AND PQ0VIDTNG TEAT TilF 11l:'ITT'.0 SHALL ► : IiT`DING ON
T11T: APPLICANT A*,'D SUCCESSWIS TN T,JT'',!'):ST.
WHEREAS, it is the intent Linat t1he ^iajor Use Sreci al Permit
small be the instrument for implementing !, r one action, author _:.ed
For issuance by the Cite Commission, all chamws in the adopted
Cot-inrehensive Plan, zoning distract classifications, other zonin.g
actions or other City ordinances that would otherwise he necessary
to the accomr.lishment of the objectives sou-ht in the application
for "ia.i or Use Special Permit; and
t-r}rEPEAS, Equitable Life Assurance Society of- the United States
P-Mll Tishman -Stever Pronerties, a Joint venture, su.br^itted an Applica-
tion for a Major Use Special Permit per Article 28: :Major Use Special
Permits: Detailed 7equirements of "onin5� Ordinance 9500, for the
SE 8t'n Street and Brickell Avenue Project; and
T'HEREAS, the 1?iami Planning Advisory Board, at its meeting held
on Julv 6, 1983, by a 5 to 0 vote, reviewed the preliminary application
and _ecommended that the Applicant be permitted to file a Final Applica-
tion; and
'1HERI?AS, the Miarr:i City Commission at its meeting held on July 18,
1983, after reviewing the preliminary application, adopted t'.esolution
'3-629 permitting the Applicant to file a Final Ant?lication; and
established July 28, 1903, as the public hearing date for consideration
of the Final Application; and
,1►iEIEAS, the riiami nlarnin(, Advisory Board, at its meeting held
on Juiv 20, 1933, following an advertised public hearinn adopted
Resolution No, PAB 96-83 by a 6 to J vote, recommenOinQ approval of a
'iajor Use Special Permit .for the project; and
CITY COMM—ISSICou
MEETING G%'
JUL 28 1983
r "1," F, h ;-
0
"IHI:.RE:1S. the City Comr^.i_1;Si(1n TINS e'011(111Cte0 ;) MlhIiC hearins'.
llavin�� con::idered the Apolicati(an for "T)ecial Permit and
the Anoli cnti a�n + or level onr:nent ind the r?enort rind Recommenda-
tions of the South ]'lorida Resjonarl Planninr_ Council.; and
i, ff-'PE'AS, C}1e Cite Commission has determined that all legal require -
menu have been comp lied %di th ; aild
I.JHEREAS , the Ci tv Commission deem:; it: advisable and in the hest
interests of the general welfare of the City of 'Iiami to issue a ?laior
t'se Speci;zl Permit as hereinafter set forth;
�Ol?, THEREFORE, BE IT RESOLVED BY THE CO"I:ITS.SION OF TPE CITY
OF MIAMI, FLORIDA:
FINDINGS OF FACT
Section 1.. The following findings of fact are made with respect
to the p"oject:
a, The Commission has determined that the Project is in conformity
with the adopted Miami Comprehensive Neighborhood Flan.
b. The Commission has determined that the project is in accord
with the district zoning classification of Zoning Ordinance
9500.
C. The City Commission finds that the project would not create
adverse impact on air quality, ground water, soils, animal
life, vegetation, wastewater management or solid waste disposal,
and further finds that it would have a number of positive
impacts including:
(1) Over 600 permanent new jobs would be generated by the
project with an additional 1,040 relocated from existing
office sn ace in the Region. Nearly 1,300 additional full-
time jobs would be generated in the four county region,
with nearly $20.9 million increase in total wages and
$401.8 million in value added to the regional economy.
(2) An annual surplus of nearly $1.6 million dollars to
taxing jurisdictions with approximately $612,000 .for
Miami, $493,000 for Dade County, $391,000 for the
School District, and $72,000 for the South Florida
Water ;`Management District and special districts combined.
83-694
0
0
(3) The quality of stormwa ter runoff from the site should
be substantially i*.proved by elimin atin,g the surface
parking lot.
d. The City Commission finds that the adverse imnacts related to
water demand, energv demand, solid waste s?eneration, demands on
public services and traffic tzeneration will he mitigated bv the
conditions set forth in Exhibit "A".
e. The Citv Commission finds that:
(1) The project will have a favorable impact on the economy
of the Citv; 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 environ-
ment 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 Z. A Major Use Special Permit, attached hereto as Exhibit
"A" and made a part hereof by reference, apnrovine with conditions, the
SE 8th Street and Brickell Avenue Project, proposed by the Equitable Life
Assurance Society of the United States and Tishman -Speyer Properties, a
joint venture, for approximately 801-999 Brickell Avenue being all that
portion of Lots 8, 9, 10, 11, 12 and 13, Block 104 South, according to
the amended map of BRICKELL'S ADDITION TO MIAMI, a cony of which amended
map is recorded in Plat Book "B" at Page 113, of the Public Records of
Dade County, Florida, lying `,lest of the Right -of -Jay conveyed to the
City of. Miami, Florida, .for street purposes, which said
83-ssf,
0
0
Right-oft;;i; i s Ri()re fu11."
L"esihcad
in t11;it cert;Ii_ri deed
dj3ted
`;ovePiher If; .
11)51:. f i Ied
for i-ecrd
i n Ot i c i ;i 1 Records
i3oo2; 20 i 6 ,
Pare !+36, ,aav
?6, 19f)0, under
Clerk,
s i� i le 1)',,,13,
T,ubIic Records
of }de COunt�:�,
i Iorid�i,
Secti()n 12,
'1'o I I s ! I outii
Rji,i e ist,
be rind the same
i s hereby
;,ranted .and
issued.
Section 3. I'lie Major. Use Special Peri,it also i:icludes a Class C
Special Permit, to he issued by the Planning Director per Section 1562.1
of Section 1550 SPI-5 13rickell-Miami River Residential Office District
of Zoning Ordinance 9500.
Section 4. The `laior Use Special Permit, as approved, shall be
binding upon the applicants and any successors in interest.
PASSED AND AIMPTED THIS 28Lh day of .Tuly, 1983.
Mwirice A. Ferre
MAYOR
ATTEST:
RALPjrG. ONGIE, CITY CLFN,'
PREPARED AND APPROVED BY:
JO L E . MAXItiTELL
A�SISTANT CITY ATTORNEY
APPROVED AS TO FOPS1 AND CORRECTNESS:
4
A.CIA-PEDROSA
AT
TTORNEY
83-694
0
C�?
;d i_;, ., =1C� t,NEINI0."i,1i.10WIA
Howard V. Gary >T_ July 21, 1983
City Manager
SE 8th Street and Brickell Avenue
Project Major Use Special Permit
Sergio Rodriguez, Director
Planning Department
The Miami Planning Advisory Board by Resolution PAB 96-83;
July 20, 1983, by a 6 to 0 vote; no members absent, recommended
the issuance by the Commission of a Major Use Special Permit
with conditions, as amended, for the SE 8th Street and Brickell
Avenue Project (Tishman -Speyer Project), to be located at
approximately 801-999 Brickell Avenue. The Planning Advisory
Board accepted clarifying language to the Major Use Special
Permit offered by the Planning Department during staff pre-
sentation and accepted clarifying language proffered by the
applicant during the public hearing. The Planning Advisory
Board, by motion, amended the Major Use Special Permit to
delete Conditions 25 and 26 and insert, in lieu thereof,
a new Condition 25 pertaining to minority participation and
employment in private enterprise projects of this type, and
re -numbering subsequent Conditions.
It is requested that this item be entered on the City Commission
Agenda of July 28, 1983.
SR/JWM/vb
83-694t
BACKGROUND
0
PLANNING FACT SHEET
Equitable Life Assurance Society of the United States
and Tishman -Speyer P�-.;perties, a joint venture:
July 1, 1983
12. Consideration of recommendations on the Final Application
for Major Use Special Permit for the SE 8th Street and
Brickell Avenue Project, 801-999 Brickell Avenue, per
ARTICLE 28 MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS,
Section 2302.6 of Zoning Ordinance 9500.
(This is a companion item to Item 13)
To recommend the Final Application for Major Use Special
Permit for the SE 8th Street and Brickell Avenue Project.
Zoning Ordinance 9500 establishes a Major Use Special Permit
process (Article 28) whereby defined major uses require recom-
mendation by the Planing Advisory Board, consideration and
authorization by the City Commission before construction can
be undertaken. This process encompasses Developments of Regional
Impact and other projects (as the threshold is lower). It is the
intent of the Major Use Special Permit to address, in one action,
any changes in the comprehensive plan, zoning district classifi-
cation, other zoning actions, and other City ordinances that
would be necessary for a building permit application to be
considered.
The schedule of meeting and hearing dates is as follows:
Meeting/Hearing
Planning Advisory Board Public Meeting -
Recommended by a vote of 5 to 0, July 6,
1983, that the applicant be permitted to
file a Final Application.
City Commission Resolution (not a public
hearing)- Permission to file a Final
Application for Major Use Special Permit;
set date for hearing on Final Application.
Planning Advisory Board Public Hearing -
recommendation on the Final Application
for Major Use Special Permit and recom-
mendations concerning the issuance of a
Development Order for a Development of
Regional Impact.
City Commission Public Hearing concerning
issuance of a Major Use Special Permit
and a Development Order for a Development
of Regional Impact.
SE 8th St./
Brickell Ave.
July 6
July 18
July 20
July 28
83-6941
SE 8th Street and Brickell Avenue Project proposes:
ine 29-floor building of approximately 450,000 gross square
Beet of office use and 15,000 gross square feet of retail area;
i parking structure for approximately 1,100 cars; and
1 30,000 square foot ground level plaza.
(See site plan attached.)
woval, subject to conditions.
83 --694
J�
SE 8th Street
r-4
Exam AT'se Row
00 o CD
v Ozp
i - � i o��
o! i
POST, BUCKLEY,
I
SCHUH & JERNIGAN, INC.
Consulting
onsulting Engineers & Planners
mr%---
DATE: MAP CM 1283
MAP:
Hw2
83-694
A%J1. , _ __,RIDA
;J';'_.`t•s;-=1s=� `.ii:'+1L7;?;+PJi�UM
Planning Advisory Board
S gio R guez, Director
anning Department
Project Description
July 20, 1983 __
a Analysis and Recommendation:
SE 8th Street and Brickell
Avenue Project
�I.i:.t . .:ES
Equitable Life Assurance Society of the United States and Tishman -
Speyer Properties, a joint venture have proposed the SE 8th Street
and Brickell Avenue project to be located at 801-999 Brickell Avenue.
The Project includes:
--one 29-floor building of approximately 450,000 gross square feet
of office use and 15,000 gross square feet of retail area;
--a parking structure for approximately 1,100 cars; and
--a 30,000 square foot ground level plaza.
This project meets the criteria for a major use; being in excess of
200,000 square feet of floor area of office and commercial uses and
including in excess of 500 offstreet parking spaces. The project
also meets the criteria for a Development of Regional Impact, under
Florida administrative rules, being in excess of 300,000 square
feet of office use.
Analysis
Economy and Net Fiscal Impact - This $89.7 million project will
directly provide about 1,660 temporary full-time equivalent construc-
tion jobs over the two-year construction period. Over 600 permanent
new jobs would be directly provided by the project with an additional
1,040 jobs relocated from existing office space in the region.
Through a multiplier effect, the South Florida Regional Planning
Council estimates that 674 additional new jobs would be generated
indirectly throughout the region. In summary, nearly 1,300 additional
full-time jobs would be generated, directly and indirectly, in the
region with a $20.9 million increase in total wages and $49.8 million
in value added to the regional economy.
The project will have a net positive fiscal impact on local units
of government, according to the South Florida Regional Planning
Council. The project generates an annual net fiscal surplus for
local units (expenditures for services are less than revenues from
ad valorem taxes, fees etc.) of nearly $1.6 million, with approximately
Page 1 of 2 83-'694
0
6
Planning Advisory Board
July 20, 1983
$612,000 for the City of Miami; $493,00 for Dade County; $391,000
for the Dade County School District, and $72,000 for the South Florida
Water Management District and other districts.
Conditions 25 and 26 are recommended to include minority participation
in construction jobs.
Environment - The proposed project should not create an adverse
impact on the environment and natural resources of the City, i.e.
air quality, ground water, soils ,animal life, vegetation, wastewater
management and solid waste disposal. Conditions are recommended in
the Development Order to assure a) traffic management to minimize
air pollution and b) building design to minimize energy consumption
and c) address other environmental issues (see Conditions 2-7).
Public Facilities and Services - Municipal services are adequate for
the Brickell area. However, as the Brickell area continues to develop,
there is a concern about the future provision of fire, emergency
rescue and police services. Conditions are recommended to include
a) a one-year study of police and fire services in the area and b) to
address any potential future deficiencies. (see Conditions 8-10)
Access and Circulation - Projected 1986 traffic in the area without
this project will result in minimum levels of service at two
critical Brickell intersections: Brickell/SE 8th Street (F/D)and
Brickell/SE 7th Street (C/F). With the completion of this project
in 1986, these intersections will have the same level of service,
although the intersection of SE 8th Street/S. Bayshore deteriorates
to level of service F/F. With traffic improvements mandated, the
levels of service are improved to: Brickell/SE 8th Street (C/A);
Brickell/SE 7th Street (B/D) and SE 8th Street/S. Bayshore (B/C);
only slightly less than the levels of service today. (see Condition
11-15)
Land Use - The project is consistent with the Miami Comprehensive
Neigh hood Plan and with the SPI-5 Brickell-Miami River Residential
Office District.
Recommendation - The Planning Department recommends approval of this
project.
SR:JWM:dr
Page 2 of 2 83-694
EXHIBIT "A"
ATTACc1'i'1ENT TO
RESOLUTION
AND
RESOLUTION
MAJOR USE SPECIAL PI1W4IT
AND
DEVELOPMENT ORDER
Let it be known that the Commission of the Citv of Miami, Florida,
has considered in public hearing on July 28, 1983, a) the issuance
of a Major Use Special °ermit pursuant to Section 2803, Article 28
Major Use Special Permits: Detailed Requirements of Zoning Ordinance
9500 and b) the issuance of a Development Order for a Development of
Regional Impact pursuant to Section 380.06 Florida Statutes, said
major use and development to be located in the City of Miami, at
approximately 801-999 Brickell Avenue, being
All that portion of Lots 8, 9, 10, 11, 12 and 13, Block
104 South, according to the amended map of BRICKELL'S
ADDITION TO MIAMI, a copy of which amended :nap is re-
corded in Plat Book "B" at Page 113, of the Public
Records of Dade County, Florida, lying West of the
Right -of -Jay conveyed to the City of Miami, Florida,
for street purposes, which said Right-of-t-Iay is more
fully described in that certain deed dated November 18,
1959, filed for record in Official Records Book 2076,
Page 436, May 26, 1960, under Clerk's File No. 60R-94813,
Public Records of Dade County, Florida. Section 12,
Township 54 South, Range 41 Fast.
ALL OF THE FOREGOING SUBJECT TO any dedications, limita-
tions, restrictions, reservations or easement of record.
and after due consideration of the recommendations of the Planning
Director and Planning; Advisory Board pertaining to the Major Use
Special Permit 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
actions:
Authorization to Issue a Major Use Special Permit
and
Approval of Application for Development Approval
both subject to the following modifications:
FINDINGS OF FACT WITH MODIFICATIONS
Development
1. The development proposed 755,000 gross square feet of
floor area, comprised of the following elements as specified
by the applicant in the Application for Development Approval.
Element Gross Building Spaces
Area (sq.ft.)
Office Tower (30 stories)
--Offices (29 stories) 450,000
--Retail (1st floor) 5,000
--Restaurant (1st floor) 10,000
--Lobby/Garage Access 6,000
Tower Subtotal 71,000
Parking Garage 284,000 1,100
Total 7755 , 600
83-694
�r s
This project proposed a landscaped plaza of at least 25,000
square feet in area at ground level; the height of the office
tower proposed is an average of 390 feet above street level
(Brickell Avenue) or approximately 400 feet in elevation
(MSL) as further described and limited in Site Plan H-2, and
Elevation H-3 and the architectural model presented by the
Applicant at the City Commission public hearing of. .July 28,
1983.
The project is further limited by applicable provisions and
procedures of City of Miami "Zoning Ordinance 9500, as follows:
Per Section 1552.3.1, Section 1550 Brickell-Miami River
Residential Office District, Zoning Ordinance 9500, the
Urban Development Review Board, on Mav 18, 1983, approved
the project, per conceptual plan and design schematic
plans on file dated Mav 18, 1983, with the following
parameters for the site under development, bounded by
Brickell Avenue, SE 8th Street, cl. Ba_yshore Drive and a
private road:
Element
Office Tower
(exclusive of
windows)
Retail
(29 stories)
area outside
Total
Plaza (ground level):
Parking Garage (9 stories)
Open Space:
Pedestrian Open Space:
Height of Office Tower:
Height of Parking Garage:
Floor Area
(sq.ft.)
385,265
14,000
399,265
Floor Area
Ratio
2.73
0.1
T.
28,500 sq.ft.
841 spaces
98,176 sq.ft.
52,164 sq.ft.
+383.5 ft. elevation (MSL)
+ 96.5 ft. elevation (MSL)
The project, as defined immediately above, meets the require-
ments of Zoning Ordinance 9500 pertaining to the issuance of
a Class C Special Permit as required by Section 1552 of the
Zoning Ordinance and this Exhibit constitutes the conditions
for a Major Use Special Permit per Section 2803 of the Zoning
Ordinance.
THE APPLICANT SIiALL:
Conservation and Environment
2. Obtain any permits from the South Florida Water Management
District required pursuant to Ch. 16K-4.021, F.A.C.
3. Conform to all requirements, if any, of the moratorium on construc-
tion ordered by the Dade County Derartnent of Environmental
'Zesources 'Management on "ay 18, 1983, covering a part of the
liar•i-Dade plater and Sewer Authority service area, inclu6ina the
project site.
4. Use only native species or relocate and use plant species
existing on -site in project landscaping.
5. Notify the St..te Historic Preservation Officer and the Dade
County Archaeologist of the expected date of construction
start, vacate the parking on, and strip the blacktop off,
that portion of the site to be developed in order to provide
at least 30 days for archaeological exploration/excavation
prior to the beginning of construction.
83-694
L�
SE 81m S2-3
I Exwrg Rwaie Row
ic-
POST, BUCKLEY,
SCHUH & JERNIGAN, INC.
Consulting Engineers & Planners
DATE: mmm� m-'cm 19l3
MAP:
H-2
83-6194.
C'
Y�T
Broiwi a,o I II �T�_rr _ S 3�vSner? Dr
POST, BUCKLEY,
SCHUH A JERNIGAN, INC.
Consulting Enginews 3 Plcnnors
DATE: MARCH 1983 �• y ~
TISHMAN SPEYER PROPERTIES (TSP)
EAST -WEST SECTION
SOURCE Skidmore, Owings, 6 Merrill
MAP:
H-3
83-694
t
6. Promote energv conservation and the use of public transit
and minimize air pollution by implementin?, as feasible,
Transnortation System `'.ana^ement, coordinated with the
Dade County Transportation Administration, including tra'=fic
flow improvements r_ursuant to Condition 1-1 below; encouraging
the use of mass transit, bicycles, and ridesharing through
such measures as provision of schedule and route information
within the project lobby or plaza, public seating near bus
stops adjacent to the project, and secure and convenient
bicycle storage for project visitors and eriplovees in the
garage, variable work hours, flex -time and a 4-dav work
week; and encouraging carpooling by eTMnlover-subsidized
ride -sharing programs and van -;pools and providing preferen-
tial parking, in the garage and ridesharin information. The
Applicant shall prepare a report within 120 daN7s from issuance
of the Develonment Order.
7. Incorporate into the project the following energy conservation
measures:
-- Air conditioning zoning to permit operation of single
floors or multiple floors as a function of occupancy.
-- Design and maintenance of supply and return air and of
chilled and condenser water temperatures to reduce fan
and pumping horsepower.
-- Lighting systems designed to reduce wattage and lighted
areas during normal use and cleaning.
-- Chillers with increased surface to lower energy demand
to less than 0.75 kw/ton of useful output.
-- Evaluation of and use as feasible of the installation
and operation of computerized energy management systems
to monitor and control the heating, ventilating, and air
condition system and project elevators.
-- Evaluation, and use as feasible, of enthalpy measuring
systems to use minimum, variable, or 100 percent outside
air, to minimize energy used by the operating system.
-- Evaluation of operable windows, alternative glazing systems,
exterior colors, materials, and shading to reduce overall
energy use.
-- Open garage facades to increase natural ventilation.
-- Evaluation of the use of solar energy or waste heat to
heat water.
Safety and Security
8. DeveloD, within one year of the date of issuance of the develop-
ment order, a fair share agreement with the City to provide a
contribution to support necessary capital improvements in police
and fire service in the area.
9. Construct the building to allow for emergency hovering helicopter
evacuation from the roof of the office tower as shown in plans
on file. Further, the Applicant shall, at any time that a feasible
solution is found, Provide roof space for an aerial and its
appurtenant panel housing for the City's emergency communication
systern; such aerial and apnurterance together with necessary
services shall be at City of Miami expense. The �_Prl.icant
re.Cains the right of architectural review and approval.
10. Collaborate with the City to evaluate and incorporate security
measures and systems into the design and operation of the project;
security systems and construction documents to be reviewed by
the Miami Police Department (at their option) prior to the time
of issuance of a building permit.
83•-694
Access and Circulation
11. Prior to the issuance of hui_ldirig permits, dedicate, subject
to Citv and FDOT approval, adequate right-of-wav for a nublic
nedestrian access easement and ric7ht turn lane on the southeast
corner of the intersection of . r;. Cth Ot_reet am ':rickell avenue
as illustrated in Fi,,�ure 9 of the Council Impact Assessment.
12. Conduct, and complete, within 12.months of the date of issuance
of the development order, individually or in cooperation with
other consultants approved by the Citv, a long range transporta-
tion study for an area, no smaller than the traffic impact area
for the Tishman-Speyer/Equitable Joint Venture DRI, to be
determined by the Council, Citv, Countv, and FDOT, which
incorporates projections for growth in background traffic;
ultimate development traffic within the traffic impact area,
based on existing and proposed zoning; transit ridership;
pedestrian movements; programmed and planned transportation
improvements; evaluation of alternate improvements and their
estimated costs; and transportation system management strategies,
including on -site and remote parking policies and standards.
The study will also include recommended improvements and their
costs, recommended land use regulations, and any necessary
changes in City zoning, or identify limitations on ultimate
development imposed by the capacity of the transportation
system, and submit to the Council, City, County, and FDOT
for review.
13. Within two months of a determination by the City, County and FDOT
that the transportation improvements recommended as a condition
for approval of this development order, illustrated in Figure 9,
and that the publicly -programmed transportation improvements
assumed in the ADA, are compatible with the long-range improve-
ments recommended by the Council, City, Countv, and FDOT, the
Applicant will design, with FDOT, County, and City approval,
and within six (6) months of that approval, start construction
of, or provide a bond or letter of credit for $325,000 (1983
dollars) for the construction of the recommended improvements
illustrated in Figure 9. The difference between the $325,000
(1983 dollars) and the Applicant's fair -share contribution of
one-third of the cost of both improvements to construct the
recommended improvements is a front -ended short term loan to
the City, repayable under terms of maturity dates and interest
rates jointly agreed to by the City and the Applicant.
14. In the event the transportation improvements required pursuant
to Condition 13 above are inconsistent with the transportation
improvements recommended in the long-range study, the Applicant
will design, and provide cost estimates for, comparable improve
ments of equal cost coTInatible with the recormended long-range
improvements, and shall submit this information to the Citv,
County, FDOT, and the Council for review rrior to a^endnent of
the Development Order pursuant to Condition 20 below.
15. Prior to any development of, or modification of the existing.
uses on, the portion of the site south of the north curb line
of Ambassador Drive, other than those proposed in the ADA,
and uses as staging for landscaping and re -configuration of the
*parkin;* area, submit an amended ADA evaluating the cumulative
impacts of develo_--,ent on the entirer.roject site.
THP CITY SHALL:
16. Withhold building permits until ad.eouate right-of-wav for a public
Pedestrian access easenent and right turn 1sne from northbound
3rickel_l A-,;enue .'o eas bound S £th Street (Condition 11) has
been -7et-1i_cated by the A- plicant.
83-694
FIGURE 9: RECOMMENDED IMPROVEMENTS
Brickell Ave./Bayshore Dr./S.E.8th St.
L i nco I n/Nasher
Access Drive
Scale
®' New Pavement
Lincoln/Nasher
Access Drive
� � l
signal — — — .- — — — — —
N
83--69 t
Proposed
• Lane confiburatior�
It
0
17. Enter into, within one year of the date of issuance of the
development order, a fair -share agreement with the Anplicant
to ensure the provision of those capital improvements (found
to be necessary in Condition 8) in the police and -ire services
in the area.
18. Review final building plans, prior to tre issuance of building
permits, to ensure emergency hoverin- helicopter evacuation
from the roof of the office tower (in Condition 9), as shown
in applicant's plans on file.
19. Complete the review of the transportation study, required in
Condition 12, within 2 months of submittal by the Applicant.
20. In the event the tra nsnortation improvements required pursuant
to Applicant Condition 13 above are inconsistent with the trans-
portation improvements recommended in the long-range study, the
Citv will review the Proposed design and cost estimates for
comparable improvements of equal cost compatible with the recom-
mended long-range improvements, developed by the Applicant
pursuant to Condition 12 above, and in consideration of the
comments and recornendations of the Countv, FDOT, and the Council,
modify the Development Order to reflect the changes in the re-
quired transportation improvements.
21. Ensure that the required funds, bond, letter of credit, or
Applicant comp-itment to construct the recommended roadway
improvements required in Condition. 13 has been provided within
two months of the determination by the City that the recommended
improvements referenced in Condition 13 are compatible with the
recommended improvements of the long-range study.
22. In the event that the Applicant provides a front -ended loan
to the City to construct the recommended roadway imorovements
according to Condition 13, secure, from other devleonments in
the Erickell area or from City funds, reimbursement for that
2/3 portion of the cost determined to be in excess of the
Applicant's fair -share.
23. Collaborate with the Applicant ensure incorporation of security
measures and systems into the design and operation of the project.
Security systems may be examined by the Miami police Deo_artment
(at their option) and, if so, a security report will be issued
within 60 days of the issuance of this beveiopment Order.
24. Determine that any development of, or modification of the
existing uses on the portion of the n_roject site south of the
north curb line of Ambassador Drive, other than that proposed
in the ADA and Condition 15 hereof, is a substantial deviation.
THE APPLICANT SHALL:
Minority Participation
25. ►'or'_c with the City of Miami to prepare a Minority participation
and Employment plan which cor~.plies with all City of Miami
Resolutions and Ordinances concerning* minority participation
in Drivate enterprise projects of this type.
83--894.
0
General
26. The Applicant shall submit 3 report, twelve (12) months from
the date of issuance of this Development Order and each twelve
(12) months thereafter until a final Certificate of Occupancy
is issued; to the South Florida Regional Planning Council; the
State of Florida Department of Communitv Affairs, Division of
Local Resource tlanagement; all affected permitting agencies and
the Planning Director, City of Miami Planning Department. This
report shall contain, for the preceding twelve months:
A general description of construction progress in terms of
construction dollars and employment compared to the schedule
in the applicant's Application for Development Approval.
A cumulative list of all permits or approvals applied for,
approved or denied.
A statement as to whether any nroposed project construction
changes in the ensuing twelve (12) months are expected to
deviate substantially from the approvals included in this
Development Order.
Any additional responses required by rules adopted by the
State of Florida Department of Comriunity Affairs.
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.
27. The Development Order shall be null and void if substantial
development has not begun in three (3) years of the issuance
date of this Development Order. Substantial development is
defined herein as the achievement of the following items:
Obtaining all required permits; and
Beginning construction of, or provide the funds, bonds or
letters of credit for recommended surface street improve-
ments.
23. The Applicant shall give notice to Richard P. Brinker, Clerk,
Dade County Circuit Court, 73 West Flagler Street, Miami,
Florida, 33130, for recording in the Official Records of Dade
County, Florida, as follows:
a) That the City Commission of the City of Miami, Florida,
has issued a Development Order for the SE 8th Street and
Brickell Avenue Project, a Development of Regional Impact
located at approximately 801-999 Brickell Avenue, being
All that portion of Lots 8, 9, 10, 11, 12 and 13,
Block 104 South, according to the amended map of
BRICKELL'S ADDITION TO MIAMI, a copy of which
amended map is recorded in Plat Book "B" at Page
113, of the Public Records of Dade County, Florida,
lying West of the Right -of -Way conveyed to the City
of Miami, Florida, for street purposes, which said
Right -of -Way is more fully described in that certain
deed dated November 18, 1959, filed for record in
Official Records Book 2076, Page 436, May 26, 1960,
under Clerk's File No. 60R-94813, Public Records
of Dade County, Florida. Section 12, Township 54
South, Range 41 East.
ALL OF THE FOREGOING SUBJECT TO any dedications,
limitations, restrictions, reservations or easement
of record.
83-694
t
b) Th,it Equitable Life Assurance Society of the United States
and Tishman Speyer Properties, a joint venture, are the
developers with offices at 777 Brickell. Avenue, ;Miami,
Florida, 33131.
c) That the Develonment Order with any modifications may be
examined in the Citv Clerk's Offices, 3500 Pan American
Drive, Dinner Kev, Miami, 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 interest; it being understood
that recordin; of this notice shall not constitute a lien,
cloud or encumbrance on real property, nor actual nor
constructive notice of any of the same.
29. The Applicant will incorporate all original and supplemental
information into the originally submitted Application for
Development Approval into one complete document and will
provide copies within 90 days of the date of issuance of this
Development Order, to the City of Miami, the South Florida
Regional Planning Council, the State Department of
Community Affairs, the Downtown Development Authority
and Dade County Public Works Department.
30. The Application for Development Approval is incorporated
herein by reference and is relied upon by the parties in
discharging their statutory duties under Chapter 380, Florida
Statutes. 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 parties.
CONCLUSIONS OF LAW
The SE 8th Street and Brickell Avenue Project, proposed by the Equitable
Life Assurance Society of the United States and Tishman Speyer Properties,
a 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 being Zoning Ordinance
No. 9500; and
The proposed development does
ment of the objectives of the
to the City of Miami; and
not unreasonably interfere with the achieve -
adopted State Land Development Plan applicable
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 recormen-
dations of the Regional Planning Council shall not constitute a substantial
deviation; under Chapter 380 Florida Statutes, notwithstanding City
zoning approvals which may be required.
83-694