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HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00541da1 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES TO THE PREVIOUSLY -APPROVED BRICKELL CITYCENTRE SPECIAL AREA PLAN ("BCC SAP"), TO EXPAND THE BOUNDARIES TO APPROXIMATELY SOUTHEAST 5TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH, BRICKELL AVENUE TO THE EAST, AND SOUTHWEST 1ST AVENUE TO THE WEST, 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 500 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 18; AUTHORIZINGAMAXIMUM BUILDING HEIGHT OF 1,049 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR THE FIRST AND SECOND AMENDMENT PROPERTIES, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 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 67,620 square feet (±1.55 acres) of property in the Brickell area of downtown Miami, more specifically bounded by Southeast 7th Street on the north, Southeast 8th Street on the south, the 8th Street Metro Mover right -of way to the West, and Brickell Avenue on the East, hereinafter known as ONEBCC, and wishes to incorporate it into the previously -approved Special Area Plan ("SAP") area for a new approximate total of (±)11.57 acres at approximately SE 5th Street to the North, 8th Street to the South, Brickell Avenue to the East, and SW 1st Avenue to the West, 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 an SAP; and WHEREAS, pursuant to Section 3.9.1.f. of Miami 21, development within a SAP shall be pursuant to a recorded development agreement; and City of Miami Page 1 of 3 File Id: 11-00541da1 (Version: 2) Printed On: 3/17/2014 File Number: 11-00541da1 WHEREAS, Swire has submitted an application for a second amendment to a previously -approved SAP to the City of Miami ("City") for the second amendment of the Brickell CityCentre SAP ("Project"), and in association with that application, Swire has requested approval of a second amendment to the Development Agreement pursuant to Chapter 163 of the Florida Statutes, attached as 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; 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 Second Development Agreement, the DDRI has sufficient development capacity to accommodate the Project and Swire intends to reserve such capacity with the City; and WHEREAS, the lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, assurance to the developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process; and WHEREAS, Swire and the City are finalizing the negotiation of the terms of the development agreement; 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 11.57 acre 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 to permit the construction of portions of the Project which encroach into public right-of-way and contain City of Miami Page 2 of 3 File Id: 11-00541da1 (Version: 2) Printed On: 3/17/2014 File Number: 11-00541da1 commercial uses therein. Section 5. The findings set forth in Sections 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 Sections 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} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 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. City of Miami Page 3 of 3 File Id: 11-00541da1 (Version: 2) Printed On: 3/17/2014