HomeMy WebLinkAboutAnalysis & PZAB ResoANALYSIS
Amendment to Brickell Key DRI Development Order
SUBJECT SITE: Brickell Key DRI, 750 Claughton Island Drive
FILE ID: 15-01219
APPLICANT: Lucia Dougherty, Esq., on behalf of Swire Properties
COMMISSION DISTRICT: District 2 NET OFFICE: Downtown
TRANSECT ZONE: T6-36A-O, Brickell Key DRI
REQUEST
The subject application is for an amendment to the existing Brickell Key DRI Development Order, as
amended via Resolution 85-812, to add planned development comprised of residential, hotel, and non-
residential uses to be located on the south area at approximately 750 Claughton Island Drive on Biscayne
Bay.
The proposed amendment to the Brickell Key DRI would reduce the permitted non-residential floor area
by 676,116 square feet and increase the number of residential units by 668, and would allow a 3.5-acre
linear park on the island.
The applicant received a letter from the Florida Department of Economic Opportunity (DEO) stating the
proposed development would need local government approval for an amendment to the development
order (Attachment "A"). The DEO issued a letter pursuant to Chapter 380.06(19)(e)(2)(k) that allows the
applicant to submit a request for amendment to the Brickell Key DRI with the local government.
BACKGROUND
Pursuant to Resolution 75-135, the Brickell Key DRI Development Order was adopted February 12, 1975
in accordance with Florida Statute Chapter 380.06 and City of Miami Ordinance No. 8290 for the
development of Claughton Island/ Brickell Key. State policies mandated for regional planning agencies
to prepare impact reports for DRIs in adherence with the Environmental Land and Water Management
Act of 1972. The Resolution was amended via 85-812, and two annex determinations from the state and
City were issued in 2006 and 2009, respectively. The 2006 state determination did not object for the
developer to amend the development order. The 2009 City determination by the zoning administrator
stated the FAR calculations for Brickell Key to be consistent with Ordinance #11000, the applicable
zoning code at the time.
The South Florida Regional Council (SFRC) initially reviewed the Application for Development
Approval in 1974 proposed by the developer and identified four major regional issues: (1)
transportation, (2) conflict with development of the Miami Central Business District, (3) intensity of
development, and (4) public facilities. The City of Miami City Commission held a public hearing for
the proposal and the Development Order was enacted. The SFRC has issued a non -objection declaration
letter to the subject development order amendment (Exhibit "C").
ANALYSIS
• Uses Determination
o The Zoning Administrator issued a determination in August 24, 2015 to recommend
approval of the proposed amendment (Exhibit "B").
• Transportation Mitigation
o Pursuant to the Brickell Key development order, the exiting PM peak hour vehicle shall be
limited to 800. The City's transportation division had issued a previous recommendation
for a Miami -Dade County traffic study to be included in the applicant's submittal. The
applicant submitted a traffic study conducted by David Plummer & Associates. Two
separate traffic counts were conducted Sept. 16, 2014 and Sept. 17, 2014. Results of the
applicant's study (Exhibit "D") shows the PM peak hour outbound traffic was below 600
vehicular trips.
• Public Park Mitigation
o The development order refers to the public park area as a 3.5-acre park located on the
west shore of the island. The applicant's submitted survey for this amendment illustrates
the 3.5-acre park to encompass the west, north, and east baywalk areas of Brickell Key,
thereby maintaining the intended 3.5-acre area requirement.
• Affordable Housing
o Via Resolution 85-812, an amendment was made to the development order to provide 225
units of moderate income affordable housing on the City's mainland in locations other than
Overtown/Park West. Swire Properties paid two sums of $1.6 million, totaling $3.2 million,
in an escrow agreement on February 26, 1986 to satisfy the affordable housing
requirement.
• City of Miami Comprehensive Neighborhood Plan
o Emergency Management: The island is designated a special flood hazard area. Staff will
work to amend the Comprehensive Plan, as applicable, to address contingency plans for
emergency evacuation, being that there is a sole access for ingress and egress.
DISCUSSION
The Planning & Zoning Department has reviewed the subject request for the Brickell Key DRI
amendment. Staff concurs with the applicant's proposal to complete development on the island and utilize
the remaining development rights, pursuant to the current development order. The applicant has not
proffered any covenants for the amendment request. Notices of this public meeting were mailed to
property owners within 500 feet of the subject property and to registered homeowner associations on the
island. As of September 21, 2015, staff had not received responses.
RECOMMENDATION
Based on the aforementioned findings, the Planning & Zoning Department is recommending APPROVAL
of this amendment, as stipulated in the Zoning Administrator's determination letter, to the Brickell Key
DRI Development Order, as presented.
Christopt'ier Brimo, AICP
Chief of Land Development
M. Fernandez
September21, 2015
BRICKELL KEY DRI 2
Rick Scott
GOVERNOR
Ms. Lucia Dougherty
Shareholder
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Miami, Florida 33131
EXHIBIT "A"
Letter from DEO
DEQ
FLORIDA DEPARYMENT!
ECONOMIC OPFORTUNrTY
July 22, 2015
RE: Brickeli Key Development of Regional Impact
File No. ADA-11-74-090; Non -substantive Modification
Dear Ms. Dougherty:
Jesse Panuccio
EXECUTIVE DIRECTOR
In your letter ofJuly 17, 2015, you requested a determination whether a proposed
change to the Claughton Island/Brickell Key Development of Regional Impact (DRI) may be
reviewed and adopted as a non -substantial amendment to the development order (D.O.)
without the need for submittal of a notification of proposed change (NOPC) pursuant to Section
380.06(19)(e)2,k., Florida Statutes (F.S.).
The project is currently approved for up to 1,200,000 square feet of non-residential
development of which no more than 150,000 square feet is allowed to be retail
development. Residential development for the project is approved for up to 3,075 dwelling
units. The development is further limited in the D.O. to no more than 800 exiting peak hour
trips. The proposed change is to increase the number of approved dwelling units from 3,075 to
3,735, an increase of 660 dwelling units. The amount of non-residential square feet is proposed
to be reduced from 1,200,000 square feet to 523,902 square feet. The approved retail square
footage along with the limit on the number of exiting peak hour trips is not proposed to
change. For the purpose of determining the number of dwelling units, hotel rooms are counted
by the City of Miami as dwelling units at a ratio of two rooms to one dwelling unit. The hotel
use will not be considered toward the non-residential uses. The amount of open space and
conserved areas approved In the development order will not be reduced.
Section 38006(19)(e)2.k, F.S. states that changes that do not increase the number of
external peak hour trips and do not reduce open space and conserved areas within the project
are not substantial deviations. The Department concurs that the change In development rights
as described above are eligible for consideration as a Section 380.06(19)(e)2.k, F.S. amendment.
I•lnrid l I hpartnwat nl I , rm,.mie t )1,1ucnutit, t.ul,lac11 !Wilding In7 1.. 1hdj,on teccr 'I II,h., cc, 17. 323'l9
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BRICKELL KEY DRI 3
Ms. Lucia Doherty
July 22, 2015
Page 2 of 2
Therefore, pursuant to Section 380.06(19)(e)2.k., F.S., If the City of Miami approves the
change it will not require the filing of a NOPC. The City must render the amended Development
Order to the Department once it is adopted.
Thank you for the opportunity to review this proposed change. If you have any
questions, please contact James Stansbury, at (850)717-8512 or via e-mail at
James.Stansburv@deo.myflorida.com.
Sincerely,
Ana Richmond, Chief
Bureau of Community Planning
AR/Js
cc: Mireidy Fernandez, Planning and Zoning Department, City of Miami
Jim Murley, Executive Director, South.Florida Regional Planning Council
BRICKELL KEY DRI 4
EXHIBIT "B"
Letter from Zoning Administrator
(fits of scums
DANIEL I. ALFONSO
City Manager
August 24, 2015
Ms. Lucia Dougherty, Esq.
Greenberg Traurig
333 SE 2 Avenue, 40111 Floor
Miami, FL 3313 I
Re: Confirmation of Completed Development and Remaining Development Rights on Brickell
Key Amended Letter
Dear Ms. Dougherty,
In response to your request for a determination of the remaining development capacity for Brickell
Key, I have reviewed your July 17, 2015 letter and back up documentation including: the 1975
Development Order and the 1985 Amendment to the Development Order; the Agreement relating
to the compliance with the low-income housing requirements; a previous Zoning Administrator's
Substantial in Compliance Detennination dated December 3, 2009 and the determination made
by a prior Zoning Administrator, dated August 8. 2005 regarding the calculation of available FAR
based on Ordinance #11,000; and the certification of completed development and remaining
development rights prepared by Thomas & Evelyn Architects, dated July 15, 2015, as well as the
supported documentation attached therein.
By way of background, Brickell Key was originally approved pursuant to Florida Statutes Chapter
380 as a Development of Regional Impact ("DRI"), on February 12, 1975, the City of Miami City
Commission approved the DRI Development Order pursuant to resolution 75-126. On July 25,
1985, the DRi Development Order was subsequently amended regarding the low-income housing
requirement. The original Development Order sets a Floor Area Ratio ("FAR") of 3.24, and
permits a development of up to 5,905,000 square feet, of which 1,200,000 square feet may be for
Non -Residential use (including 150,000 square feet of retail use), Additionally, the Development
Order permits a total of 3,075 Dwelling Units. These calculations assumed an area for the island
of41.8 acres,
On July 18, 2006, the Department of Community Affairs confirmed their non -objection to a
correction of the Development Order, which the Planing Director determined was in substantial
compliance with the Development Order, amending the Order to reflect a total of 44.01 acres for
PLANNING AND ZONING DEPARTMENT
444 S.W. 2nd Avenue, 3rd Floors Miami, Florida 33130 / Phone 1305) 41 b-1400 Fax (3051416.2156
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
BRICKELL KEY DRI 5
Ms. Lucia Dougherty, Esq.
Confirmation of Completed Development & Remaining Development Rights on Brickell Key Amended Letter
August 24, 2015
Page 2 of 2
the Brickell Key Island. Correspondingly, the Department of Community Affairs stated that the
equivalent square footage would be 6,211,325 square feet, subject to the other limitations set forth
in the Development Order.
Based on these documents, I conclude that the completed development of Brickell Key consists
of: 5,310,336 FAR square feet (including 348,884 square feet ofnon-residential), 2,929 residential
units, and 329 hotel units (totaling 3,093 residential units). The remaining development capacity
on Brickell Key is 900,989 FAR square feet and 0 residential and hotel units. The remaining non-
residential allowed is limited by the total development capacity of the island in so much as there
is a maximum of 1,200,000 square feet, The determination made by Mr. Orlando Toledo in 2005
and the reiteration of the determination by subsequent Zoning Administrator, Lourdes Slazyk in
2009, stating that the calculation of FAR is based on Ordinance #11,000, is still in effect. The
above determination of the remaining FAR is based on the signed and sealed calculations by
Thomas & Evelyn Architects using the permissible #11.000 FAR reductions,
It should be noted that whether the remaining development capacity is residential of Non -
Residential, the Development order restricts the total amount of existing peak hour traffic for
Brickell Key to 800 vehicular trips. My analysis is limited to development capacity. The Planning
Department will make reconunendations regarding the proposed amendment to the Development
Order based on other criteria. Please refer to the attached spreadsheet as it contains calculations
regarding the information contained in this letter,
Should you require additional information please feel free to contact me at (305) 416-1499.
Sincer
Ire S. Hegedus, AI ACHA
Zo'rig Administrator
cc: Francisco J. Garcia, Director of Planning & Zoning
BRICKELL KEY DRI 6
BRICKELL KEY CALCULATIONS - FAR
RESIDENTIAL
OFFICE
RETAII
RESTAURANT
PROPOSED EXISTING
650 3093
100,000.00 324,602.00
50,000.00 20,979.00
25,000.00 3,303.00
175,000.00 348,884,00
ALLOWED
3075
1,200,000.00
PROPOSED TOTAL
3743
424,602.00
70,979.00
28,303.00
523,884.00
Net Area 44.01
FAR 3.24
Total FAR
used
Total FAR
Remaining
6,211,32S
3,310,336
900,969
NON RESIDENTIAL
RESIDENTIAL USE
1,200,000.00 (including 150,000 retail use)
3075
ALLOWED EXISTING REMAINING PROPOSED TOTAL LEFT
NON RESIDENTIAL 1,200,000.00 348,884.00 851,116.00 175,000.00 676,116.60
RESIDENTIAL 3075 3093 -18 650 668
RESIDENTIAL SF LEFT
TOTAL FAR REMAINING
5,011,325 4,961,452 49,873
Total FAR - 1,200,000 Used FAR -existing Total FAR -
non-residential Non-residential
remaining
725,989 668 1087
Taal non-resi left+ Proposed number of Average area
Total resi left of units per unit
900,989
BRICKELL KEY DRI 7
BRICKELL KEY CALCULATIONS - FAR
OVERALL ISLAND FAR SF ALLOWED
ACRE
FAR
TOTAL FAR
44.01
3.24
6,211,325
OVERALL ISLAND FAR USED
SF
5,310,336
TOTAL REMAINING FAR
SF
900,989
OVERALL ISLAND ALLOWED SF PER USE
NON-RESI
1,200,000
REST USE
5,011,325
OVERALL ISLAND USED PER SF
NON -REST
348,884
RESI USE
4,961,452
NON-RESI SF LEFT
851,116
RESI SF LEFT
49,873
TOTAL SF LEFT
900,989
er signed and sealed calculations by architect
atol allowed FAR -total used FAR
Per development agreement
Total allowed FAR -total allowed non-residential
FAR (6,21 1,325-1,200,000)
xlsting noon-reslential development
oral FAR used - Non-residential FAR used (5,310,336.348,884)
PROPOSED NON-RESI USE
175,000 NON RESI TO BE DEVELOPED
AFTER PROPOSED NON-RESI LEFT
676,1 16 TO BE CONVERTED TO RESI
RESI SF LEFT 49,873
TOTAL 725,989 TOTAL RESI TO BE DEVELOPED
UNITS 3,075 MAX
2,921 UNITS USED
329 HOTEL/UNITS USED
TOTAL 3,093
DIFFERENCE -18
AMENDMENT 725,989 TOTAL RESI TO BE DEVELOPED
668 UNITS PROPOSED
1,086.81 AVG UNIT AREA
BRICKELL KEY DRI 8
EXHIBIT "C"
Letter from SFRC
RC
September 09, 2015
Ms -Lucia Dougherty
Greenberg Traurig, P.A.
333 SE 2nd Avenue, Suite 4400
Miami, Florida 33131
Re: Brickell Key DRI
Dear Ms. Dougherty:
Staff of the South Florida Regional Council (SFRC) has reviewed the application to amend the
Development Order for Brickell Key Development of Regional Impact (DRI) received August 31, 2015.
This letter is to inform you that we find the proposal does not create additional regional impacts. The
SFRC has no objection to the amendment.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
James F. Murley
Executive Director
JFM/im
cc: Mireidy Fernandez, Planner, City of Miami
Ray Eubanks - DEO Bureau of Comprehensive Planning
BRICKELL KEY DRI 9
EXHIBIT "D"
Traffic Study — David Plummer & Associates
DAVID PLUMMER & ASSOCIATES
/50 PONCE, DE LEON 0CULEVARO, CORAL GABLES, FLORIDA 33134
305 447-0900 • FAX: 305444.4986 • EMAIL DPA@DPLUMMER.COM
August 25, 2015
Mr. Chris Gandolfo
Senior Vice President
Swire Properties, Inc.
501 Brickell Key Drive, Suite 600
Miami, FL 33131
(305) 371-3877
hlenard0,, swirenrops. com
Re: Brickell Key Traffic Evaluation -#14221
Dear Chris,
The purpose of this letter is to document the proposed pm peak hour vehicular traffic exiting
Brickell Key on a typical weekday for a new development program. Further, this letter will
cotnparc the vehicular trips from the proposed development program to the maximum non-
residential development allowed in the development order. The proposed development program
includes the following:
• 650 DUs of residential condominium
• 100,000 sf of office
• 50,000 sf of retail
• 25,000 sf of restaurant
A development order (DO) with the South Florida Regional Planning Council and the city of
Miami limits the exiting traffic volume from Brickell Key during the weekday pm peak hour at
800 vehicular trips. The DO also limits the non-residential uses to 1,200,000 st, of which
150,000 sf can be retail. The inbound and outbound traffic counts were taken at the Brickell Key
Bridge on Tuesday, September 16, 2014 and on Wednesday, September 17, 2014 (see Appendix
A for traffic counts).
CORAL GABLES • FORT MYERS
BRICKELL KEY DRI 10
Mr. Chris Gandolfo
Re: Brickell Key Traffic Evaluation - #14221
Page 2 of 4
A summary of the traffic count data during the pm peak hour for the vehicular trips exiting
Brickell Key is shown in Exhibit 1,
Exhibit 1 — Brickell Key Bridge Traffic Counts
Count Date PM Peak Flour Outbound
Tuesday, 9/ 16/ 14 563
Wednesday, 9/17/14 569
Two-day Average 566
Based on the traffic counts, the current exiting traffic volume from Brickell Key during the
weekday pm peak hour does not exceed the 800 vehicular trips threshold. There are 234 exiting
weekday pm peak hour vehicular trips left before reaching the threshold.
Currently, Briekell Key has the following land uses and intensities on site:
• 3,093 DUs of residential condominium)
• 324,620 sf of office
• 20,979 sf of retail
• 3,303 sf of restaurant
The city of Miami converts the 329 room hotel to 164 DUs of residential condominium
The Institute of Transportation Engineers (ITE) recognizes that data obtained to establish trip
generation rates and/or equations is collected at single -use, free-standing sites, and that mixed -
use developments, like Brickell Key, provide a potential for interaction of trips within the site,
which must be accounted for separately. ITEs Trip Generation Handbook provides guidelines
for establishing theoretical internal capture for mixed -use developments.
Brickell Key is a unique mixed -use development as there is only one access point to the
mainland via the Brickell Key Bridge. Therefore, actual internal capture rates can be calculated
using ITEs trip generation rates/equations and existing traffic count data. These calculations
were undertaken and are shown on Exhibit 2. See Appendix B for trip generation worksheets.
dpe
BRICKELL KEY DRI 11
Mr. Chris Gandolfo
Re: Brickell Key Traffic Evaluation - 014221
Page 3 of 4
Exhibit 2 - Trip Generation Calculations
Daily
AM Peak dour
PM Peak Hour
,--
In
Out 1 Tate,
In ( Out .I Total
Existing Traffic Counts on the Brickell Key Bridge
Tuesday, 9/16/14
14,938
496
682
1,178
652
563
1,215
Wednesday, 9/17/14
14,742
548
684
1,232
562
569
1,131
AVERAGE
14,840
522
683
1,205
607
566
1,173
ITE Gross Trip Generation for the Existing Uses
Residential Condominium 2,929 DUs
12,145
131
639
770
642
317
959
Hotel' 329 Rooms
2,688
102
72
174
102
95
197
Office 324,620SF
3,213
432
59
491
75
367
442
Specialty Retail 20,979SF
930
0
0
0
25
32
57
High Turnover Restaurant 3,303 SF
420
20
16
36
20
13
33
TOTAL
19,396
685
786
1,471
864
824
1,688
% INTERNAL CAPTURE
23%
24%
1 13%
18% 1
30%
31%
31%
ITE Gross Trip Generation
for the Existing & Proposed Uses
Residential Condominium 3,579 DUs
14,456
154
749
903
757
373
1,130
Hotel' 329 Rooms
2,688
102
72
174
102
95
197
Office 424,620SF
3,940
535
73
608
94
460
554
Specialty Retail 70,979 SF
3,146
0
0
0
84
108
192
High Turnover Restaurant 3,303 SF
420
20
16
36
20
13
33
High Turnover Restaurant 10,000SF
1,272
60
48
108
59
40
99
Quality Restaurant 15,000SF
1,349
0
0
0
75
37
112
TOTAL
27,271
871
958
1,829
1,191
1,126
2,317
INTERNAL CAPTURE2
-6,272
-207
-125
-331
-354
-352
-706
External Vehicular Trips
20,999
664
833
1,498
837
774
1,611
ITE Gross Trip Generation for the Existing & Maximum Approved (DO) Uses
Residential Condominium 2,929 DUs
12,145
131
639
770
642
317
959
Hotel' 329 Rooms
2,688
102
72
174
102
95
197
Office 1,050,000 SF
7,840
1,105
150
1,255
213
1,041
1,254
Specialty Retail 90,000SF
3,989
0
0
0
107
137
244
High Turnover Restaurant 30,000 SF
3,815
179
145
324
177
118
296
Quality Restaurant 30,000SF
2,699
0
0
0
151
74
225
TOTAL
33,175
1,517
1,006
2,523
1,392
1,782
3,175
INTERNAL CAPTURE2
-7,793
-361
-132
-456
-414
-558
-969
External Vehicular Trips
25,382
1,156
874
2,067
978
1,225
2,206
1 For analysis purposes, the 329 room hotel was not converted to 164 DUs of residential condominium.
2 Based on the calculated internal capture percentage.
BRICKELL KEY DRI 12
Mr. Chris Gandolfo
Re: Brickell Kay Traffic Evaluation -#14221
Page 4 of 4
By adding vehicular trips from the proposed additional development to Brickell Key, the future
with project exiting traffic volume during the weekday pm peak hour is not expected to exceed
the 800 vehicular trips threshold. This analysis shows there will be 26 exiting pm peak hour
vehicular trips left under the threshold (800 - 774 = 26) with the proposed additional
development.
Exhibit 2 also shows the proposed development program generates 27,271 gross daily vehicular
trips (per ITEs Trip Generation Handbook) while the maximum allowed non-residential uses
(1.2M sf) program generates 33,175 gross daily vehicular trips. The proposed plan generates
approximately 18% less gross daily vehicular trips compared to the maximum allowable non-
residential uses program.
Please call me at (305) 447-0900 if you have any questions or need any further information.
Sincerely
Tin othy J. P
President
er, PE
Appendices
Brickell Key Traffic Evaluation August 2015_REV.docx
BRICKELL KEY DRI 13
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01219 Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION TO
AMEND RESOLUTION NO. 85-812, AS AMENDED FROM RESOLUTION NO. 75-135,
THE BRICKELL KEY DRI DEVELOPMENT ORDER SUBJECT TO S. 380.06(19)(e)(2)(k),
FLORIDA STATUTES, BY REDUCING THE PERMITTED NON-RESIDENTIAL FLOOR
AREA AND INCREASING THE NUMBER OF RESIDENTIAL UNITS AND PERMITTING
A 3.5-ACRE LINEAR PARK ON THE ISLAND, FOR REAL PROPERTY LOCATED AT
APPROXIMATELY 750 CLAUGHTON ISLAND DRIVE, MIAMI, FLORIDA, AS
DESCRIBED HEREIN (EXHIBIT "A"), MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 750 Claughton Island Drive [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Swire Jadeco LLC c/o Swire
Properties
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Resolution No. 85-812 for the Brickell Key DRI Development
Order.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 29,
2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* * by a vote of * to * (*-*),
item no. *, recommending **** of the amendment to the Brickell Key DRI Development Order as hereinafter
set forth; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to grant this amendment to
the Brickell Key DRI development order as hereinafter set forth;
WHEREAS, the Department of Community Affairs stated on July 18, 2006 its non -objection to a
revised Development Order, which the Planning Director at the time deemed in compliance, and which
comprised 44.018 net acres and set a Floor Area Ratio (FAR) of 3.24 for the Brickell Key DRI, as
hereinafter set forth;
WHEREAS, S. 380.06(19)(e)(2)(k) of Florida Statutes allows an amendment to the existing Brickell
Key DRI that would be consistent with not increasing the number of external peak hour trips
City of Miami
Page 1 of 3 File Id: 15-01219 (Version: 1) Printed On: 9/27/2015
File Number: 15-01219
and for there not to be a reduction of open space and conservation areas, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Resolution Nos. 85-812 and 75-135, as amended, pertain to real property
located at approximately 750 Claughton Island Drive, Miami, Florida, in the Brickell Key DRI as referenced
herein (Exhibit "A").
Section 3. It is found that this amendment to the Development Order adopted on
February 12, 1975 involves the reduction of permitted non-residential floor area by 676,116 square feet and
increase the number of residential units by 668 and to permit a 3.5-acre linear park on the island, and:
(a) Is requested and necessary due to planned development as
described in Exhibit "A";
(b) The cumulative annual effect of the proposed development
does not conflict with §380.06(19)(e)(2)(k), Florida Statutes or the existing development order for the
Brickell Key DRI;
(c) Would necessitate a text change to the goals, objectives, and
policies of the local government's comprehensive plan with regard to emergency management protocols,
and proposes an amendment to the current development order for the Brickell Key DRI;
(d) Is one which the Florida Department of Economic
Opportunity (DEO) and South Florida Regional Planning Council have reviewed without objections, as
reference herein (Exhibit "B");
(e)Is not expected to increase the number of vehicular peak hour trips,
pursuant to the traffic analysis provided and in accordance with the Brickell Key DRI development order, as
referenced herein (Exhibit "C");
(f) The developer ("Swire") has complied with the moderate income
affordable housing provision via the amended development order from Resolution 85-812 and from an
Escrow Agreement dated February 26, 1986; and
(g) Complies with the applicable criteria as set forth in
§380.06(19)(e)(2)(k), Florida Statutes.
(h) A supplement graphic of the Brickelly Key DRI subject site
amendment area is provided, as referenced herein (Exhibit "D")
Section 4. The City Manager is directed to instruct the Director of the Planning and
Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second
reading to the reviewing agencies pursuant to §380.06(19)(e)(2)(k), Florida Statutes, and any other person
or entity requesting a copy.
City of Miami
Page 2 of 3 File Id: 15-01219 (Version: 1) Printed On: 9/27/2015
File Number: 15-01219
Section 5. 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 6. This Ordinance may become effective upon adoption thereof pursuant and
subject to §380.06(19)(e)(2)(k), Florida Statutes.
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez
CITY ATTORNEY
{1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days
from 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: 15-01219 (Version: 1) Printed On: 9/27/2015