HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Ordinance: 13278
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00541
Final Action Date: V28/2011
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED
PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED
DEVELOPMENT OF A PROJECT KNOWN AS "BRICKELL CITICENTRE" ON
APPROXIMATELY ±9.03 ACRES, ZONED BRICKELL CITICENTRE SPECIAL AREA
PLAN ("BCC SAP"), BOUNDED ROUGHLY BY NORTHEAST 6TH STREET TO THE
NORTH, 8TH STREET TO THE SOUTH, BRICKELLAVENUE TO THE EAST, AND
SOUTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA ("PROJECT
BOUNDARIES"), 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 0 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 ("CITY 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 CITY CODE TO AUTHORIZE TREE REPLACEMENT WITHIN
ONE (1) MILE OF THE 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 9.03 acres of property in
the Brickell area of downtown Miami, more specifically located south of the Miami River, west of
Brickell Avenue, north of Southwest 8th Street and east of Northwest 1st Avenue, 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
shall be pursuant to a recorded development agreement; and
WHEREAS, Swire has submitted an application for a Special Area Plan to the City of Miami
("City") for the development of Brickell CitiCentre (the "Project"), and in association with that
City of Miami Page 1 of 3 File Id: 11-00541 (Version: 3) Printed On: 5/14/2014
File Number. 11-00541 Enactment Number: 13278
application, Swire has requested approval of a Development Agreement pursuant to Chapter 163 of
the Florida Statutes; and
WHEREAS, the City and Swire wish for the development of the Project to proceed substantially
in accordance with the Regulating Plan and Design Guidelines, attached as Exhibit "A" (Regulating
Plan and Design Guidelines), and the Conceptual Site Plan, attached as Exhibit "B" (Conceptual Site
Plan); 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 has reserved 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 Development Agreement, pursuant to Chapter 163 of the Florida Statutes,
between Swire and the City, relating to development of the approximately 9.03 acre Brickell CitiCentre
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
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
Cily of Miami Page 2 of 3 File Id: 11-00541 (Version: 3) Printed On: 5/14/2014
File Number: 11-00541 Enactment Number: 13278
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.
City of Miami Page 3 of 3
File Id: 11-00541 (Version: 3) Printed On: 5/14/2014