HomeMy WebLinkAboutO-13370City of Miami
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Ordinance: 13370
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00541da Final Action Date: 3/28/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT
AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN
SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI,
CHANGING THE NAME OF THE PROJECT FROM BRICKELL CITICENTRE TO
BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES,
GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH,
SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH MIAMI AVENUE ON THE
WEST AND SOUTHEAST 1ST AVENUE ON THE EAST, TO THE
PREVIOUSLY -APPROVED BRICKELL CITYCENTRE SAP ("BCC SAP"), MIAMI,
FLORIDA; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR
MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT
LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL
AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP
AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT DESIGNATION;
AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE;
AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 14;
AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 683 FEET AND MAXIMUM
PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR PHASE 1/1AAND PHASE
II, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), TO PERMIT THE
CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY
AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING
CHAPTER 17 OF THE CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE
(1) MILE OF THE AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Swire Properties, Inc. ("Swire") holds fee simple title to 42,821 square feet (± 0.98
acres) of property in the Brickell area of downtown Miami, more specifically bounded by Southeast
5th Street on the north, Southeast 6th Street on the south, South Miami Avenue on the west and
Southeast 1st Avenue on the East, hereinafter known as BCCN2 and wish to incorporate it into the
previously -approved Special Area Plan ("SAP") area for a new approximate total of (±)10.01 acres,
Miami, Florida; and
WHEREAS, Section 3.9 of the Zoning Code of the City of Miami ("Miami 21") authorizes the
assembly and master planning of parcels greater than nine (9) abutting acres in size; and
WHEREAS, this process is referred to as a Special Area Plan; and
WHEREAS, pursuant to Section 3.9.1.f. of Miami 21, development within a Special Area Plan
City of Miami
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File Number: 11-00541da Enactment Number: 13370
shall be pursuant to a recorded development agreement; and
WHEREAS, Swire has submitted an application for amendment to a previously -approved
SAP to the City of Miami ("City") for the amendment of the Brickell CitiCentre SAP (the "Project"), and
in association with that application, Swire has requested approval of an amendment to the
Development Agreement pursuant to Chapter 163 of the Florida Statutes Exhibit "A"; and
WHEREAS, the City and Swire wish for the development of the Project to proceed
substantially in accordance with the amended Regulating Plan and Design Guidelines, attached as
Exhibit "B" (Regulating Plan and Design Guidelines); and
WHEREAS, the City and Swire wish for the development of the Project to conform with the
requirements of the Comprehensive Plan; and
WHEREAS, the Project is located in the Downtown Development of Regional Impact ("DDRI");
and
WHEREAS, as of the date of the Development Agreement, the DDRI has sufficient
development capacity to accommodate the Project and Swire intends to reserve such capacity with
the City; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage commitment to comprehensive
planning; and
WHEREAS, assurance to the developer that it may proceed in accordance with existing laws
and policies, subject to the conditions of a development agreement, strengthens the public planning
process;
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 are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The amended Development Agreement, pursuant to Chapter 163 of the Florida
Statutes, between Swire and the City, relating to development of the approximately 10.01 acres
Brickell CityCentre site, is hereby approved.
Section 3. The Development Agreement is applicable only to property owned by Swire and
affiliated parties, subject to the development parameters set forth therein.
Section 4. The findings set forth in Section 9 of the Development Agreement are hereby
adopted by reference and incorporated as if fully set forth in this Section. The City Commission
hereby amends Chapters 54 and 55 of the City Code by waiving the requirements of said provisions
as set forth in Section 9 of the Development Agreement, subject to any conditions specifically
included therein. Said modifications to Chapters 54 and 55 of the City Code are expressly intended
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File Number: 11-00541da Enactment Number: 13370
to permit the construction of portions of the Project which encroach into public right-of-way and
contain commercial uses therein.
Section 5. The findings set forth in Section 8 (c) and (d) of the Development Agreement are
hereby adopted by reference and incorporated as if fully set forth in this Section. The City
Commission hereby amends Chapters 17 of the City Code by waiving or modifying the requirements
of said provision as set forth in Section 8 (c) and (d) of the Development Agreement, subject to any
conditions specifically included therein.
Section 6. The City Manager is authorized {1 } to execute the Development Agreement, in
substantially the attached form, for said purpose.
Section 7. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 8. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten
days of the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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