HomeMy WebLinkAboutApplication & Supporting Docsen Trau
VIA Hand Delivery
Mr. Francisco Garcia
Planning Director
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
RECEIVED
PLAN8P4G DERAJITVENT
August 25, 2015
Lucia A. Dougherty
08 ALG 27 AN 10:
doughertyj(i4gtlaw.corn
Re: Amendment to the Brickell Key DRI to reduce the 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
Dear Mr. Garcia:
Our client, Swire Properties ("Swire"), is the owner of the last undeveloped site (the "Site") on
Brickell Key Island, located in downtown Miami (the "Island"), see attached property information and
boundary survey as Exhibit "1". As part of the application process, we received confirmation from the
Florida Department. of Economic Opportunity that the amendment that we are requesting could be secured
pursuant to Chapter 380.06 (19)(e)(2)(k), ("e2k"), Exhibit "2". Therefore, Swire may pursue this
amendment by public hearing before PZAB and the City Commission
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, see attached
Exhibit "3" On July 25, 1985 the DRI Development Order was subsequently amended regarding the
low-income housing requirement; see attached Exhibit "4" for the Order and Agreement relating to the
compliance with the low-income housing amendment.
Swire is seeking an amendment to the Development Order to convert the remaining square
footage into 650 additional Residential Units, 100,000 square feet of Office, 50,000 square feet of Retail,
and 25,000 square feet of Restaurant uses. Currently, there are 3,093 Residential Units (which includes
329 hotel rooms which equate to 164 units), 324,602 square feet of Office, 20,979 square feet of Retail,
and 3,303 square feet of Restaurant uses on the Island. Therefore upon complete build out, the Island will
have a total of 3,743 Residential Units and 523,902 square feet of Non -Residential uses (the "Program").
Based on the July 18, 2006 correspondence from the Department of Community Affairs the net
acreage of the Brickell Key Island is 44.018 net acres, see attached Exhibit "5", The Development Order
sets a Floor Area Ratio ("FAR") of 3.24 which would permit 6,211,325 square feet of development, 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. Hence, this request
would reduce the Non -Residential uses by 676,116 square feet and increase the number of permissible
units by 650.
MIA 184802851v1
E;1,..1T.11\41",FRC:, TRAURIC, PA. 3/321TORI'd1HYS AT LA VI VAV\e\N.GlIA\/\;220M
333 S.1. 2nd Avenue 0 Suit1 4400 01 MiarnL1 Fax 305±272.20A1
Jog-us/2j,20/5
Page 2
Additionally, Swine seeks to amend the Dcrdupmeui order to permit the 3.5 uoro park to be a
linear waterfront park that is a more useable and valued space than a static park.
The c2kstatute allows onamendment toand existing DR]upon satisfying these ruqoiromcnts.
A. The proposed Program does not increase the oumbe/ of external peak
hour trips.
For Your consideration, we have included okaffic uou|yuis prepared by
David Piurnoncr 8L Associates that indicates that the 9M Peak hour
Kuxthotiou of 800 exiting trips will not be exceeded if the above
rchcrcnrcd Program is permitted, see attached Exhibit '^6". The traffic
engineer also compared the allowable uses under the D0 with a new
Program and both the /\M and PM Peak trips were reduced under the
proposed Program.
B. The proposed Program does not reduce the open space and
conservation areas within the project.
The DO n:guircz 8dck6l Key Island to provide o dedicated 3.5 acre
open space park. Attached please findSurvey prepared byFortin, Leavy,
Ski|ns and dated June 15` 2015 vvbicb depicts the cuoeot linear park of
3.4962 acres. see attached Exhibit ^^7". Upon Onu| build out, u
minimum o[3.5 acres will beprovided
With regards to the remaining development onBhckeUKey Island, Thomas & Evelyn Architects
prepared u detailed calculation ofremaining development capacity for Non -Residential and Residential
uses. At present, 5,310,336 FAR square feet has been developed, nu1 of6,2l 1,325 available FAR. square
6:ui The Pnn�oum Would ud|izuthe 900,989 FAR Square feet remaining under the Development Order.
This amount vvuu confirmed by Irene }lcdcgux in the attached letter dated August 12` 2015. 3oc Exhibit
In summary there is:
(a) There is9U0,989Square Feet remaining under the Dcvc|opmcn|Order.
(b) The entire remaining Square Feet may he oNon'Rosideodo| use (with a limitation oFl5O`000
square feet of Retail) so long as the peak hours exiting trips do not exceed 800; and
(c) There are no Residential units remaining under the DO,
Just usopoint ofinterest Thomas & Evelyn also calculated for your review ocomparison nfthis
request and what Would be permitted Linder Miami 21, attached Exhibit 119". Please note that Miami 21
Would permit 6,0O2 Residential units and 23,009,246 gross x9uurc feet Without bonuses and 29,912`020
gross square feet with bonuses. By comparison the proposed amendment allowing the ProgrumvvnuN
permit ototal of3,735units and omaximum of8,2l|,325FAR square feet.
Sincerely,
,~' r
Lucia A. D�xrgherty, Esq.
MIA 18480285/0
AFFIDAVIT OF AUTHORITY T[) ACT
Before me this day, the undersigned personally appeared Lucia A. DOughertv, Esquire
, who being by me first deposes and
says:
That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City Of Mi8nOi, Florida, affecting the real property located
in the City of Miami, as listed On the foregoing pages.
2. That all owners who he/She represents, if any, have given his/her full and complete permission for
him/her to act in his/her behalf for the change or modification of 8 C|8SShiC8ti0O Or regulation Of
zoning as set out in the foregoing petition, X including ar[] not including responses to day to day
staff inquires.
That the foregoing and fOUOvVOg pages are part of this affidavit and COOt8iO the current OG0eS'
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner Vrlegal representative.
4. That the facts, as Fep[eS8Otexj iOthe application and documents submitted in conjunction with this
affidavit, are true and correct.
Lucia A.[}Vuqh8rty.Esquire
App|iCork(o) Name Aop|icoOt(!WSi'6eitun8
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before [Dethis day of
20 15 by Lucia A.Dougherty, Esquire
who ioo(n)individuaKpartner/agent/cmrporetVnof
o(n) individual/partnership/corporation. He/She is personally known or who has
produced as identification and who did (dRid-66�1a—R—C�Rn oath.
(Stamp) Signature
�21
7�
^�����~ �«q|SO�p
�}:wn'^ ,v,^ .,
xm.O7-2O|z 4
APPEARANCE APPLICATION
DISCLOSURE OF OWNERSHIP
1: LiSt the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a
presentation, request or petition. Accordingly, disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their address(es) and
proportionate interest are required. Please supply additional lists, if necessary.
Owner's Name(es) Swire Jadeco LLC
Percentage of Ownership 100, Fieda c(c C (),- 9 e--6413( tis
Subject Property Address(es) 750 Clauohton Island Drive- Folio No. 01-4207-003-0020
2. List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply additional
lists, if necessary.
c AI
Street Address(es):
Gontlo\fo
Owner(s) or Attorney Name
STATE OF FLORIDA — COUNTY OF MIAMI-DADE
Legal Description(s):
Owner(s) orAtorney SigRatUre
The foregoing was acknowledged before me this day of k/AC1L(-C+
20 (7 , by (1165 (--)6A-KW(k)
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is_mrsomally known to me or who has produced
as identification andWho did (did not) take an oath.
(Stamp)
ERIKA D. TEJEDA
MY COMMISSION # FF 024278
EXPIRES: July 6, 2017
Bonded Thru Notary Public Underwriters
Signature
(1,1
Rev. 07-2013
MIA 184657346v1
Swire Jadeco LLC Ownership
Publicly -traded in Hong Kong
Publicly -traded in Hong Kong
S I PACIFIC
SWI E PACIFIC LIMITED
(Incorporated in Hong Kong with limited liability)
(Stock Codes: 00019 and 00087)
LIST OF DIRECTORS AND THEIR ROLE AND FUNCTION
The members of the Board of Directors of Swire Pacific Limited are set out below:
Executive Directors
SLOSAR, John Robert (Chairman)
BRADLEY, Guy Martin Coutts
CHU, Kwok Leung Ivan
CUBBON, Martin
RAE-SMITH, John Bruce
SHIU, Ian Sai Cheung
TANG, Kin Wing Augustus
Non -Executive Directors
JOHANSEN, Peter Andre
SWIRE, Merlin Bingham
SWLRE, Samuel Compton
Independent Non -Executive Directors
FRESHWATER, Timothy George
LEE, Chien
LEE, Wai Mun Rose, JP
ORR, Gordon Robert Halyburton
SZE, Cho Cheung Michael, GBS, CBE, ISO, JP
YANG, Mun Tak Marjorie
The members of the Audit Committee and the Remuneration Committee are set out
below:
Director
Audit Committee
Remuneration
Committee
FRESTTIWATER, Timothy George
C
JOHANSEN, Peter Andre
M
LEE, Chien
M
C
LEE, Wai Mun Rose
M
Notes:
C committee chairman
M committee member
21st August 2015
1
Property Search Application - Miarni-Dade County
Property Information
Folio:
Property Address,
ler
Mailing Address
Primary Zone
Primary Land Use
Beds / Baths / Half
immary Report
01-4207-003-0020
SWIRE JADECO LLC
C/O SVVIRE PROPERTIES INC
501 BRICKELL KEY DR STE 600
MIAMI , FL 33131
6405 CEN HIGH DNSTY BORDERS
CB
0081 VACANT RESIDENTIAL
VACANT LAND
0 / 0 / 0
0
lying Units 0
Actual Area 0 S q . Ft
Living Area 0 Sq.Ft
Adjusted Area 0 Sq Ft
.. ., . _
Lot Size 105,372 Sq.Ft
Year Built 0
ssment Information
Year 2014 2013 2012
Land Value
$19,757,250 $10,010,340 $10,010,340
Building Value $0 $0 SO
XF Value $0 $0 $0
Market Value
$19,757,250 $10,010,340 $10,010,340
Assessed Value $11,011,374 $10,010,340j $10,010,340
Benefits Information
enefit JType 2014
Non -Homestead Cap Assessment Reduction $8,745,876
2013
Note: Not all benefits are applicable to all Taxable Values (Le. County,
School Board, City, Regional).
Short Legal Description
BRICKELL KEY ON CLAUGHTON ISLAND
PB 153-58 \SECTION FIVE T-20151
TR K
OT SIZE 2 419 AC M/L
FAU 01-4206-054-0030 &
2012
Taxable Value Information
2014
County
Exemption Value
$0
Taxable Value $11,011,374
School Board
Exemption Value $01 $0
Taxable Value $19,757,250 $10,010,340
City
Exemption Value $01-
$0
Taxable Value $11,011,374 $10,010,340 $10,010,340
Regional
Exemption Value $0 $0 $0
Taxable Value — $11,011,374 $10,010340 $10,010,340
Page 1 of 1
Generated On :3/12/2015
2013 2012
$0 $0
$10,010,340 $10,010,340
$0
$10,010,340
Sales Information
Previous OR Book -
Price Qualification Description
Sale Page
12/16/2005 $0 29268-0046 Qual by exam of deed
Qual by verifiable & documented
01/01/1997 $10,780,000 17498-1599
evidence
The "ffice of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Properly Appraiser
-ni-Dade County assumes no liability, see full disclaimer and User Agreement et http://www.miamidade.gov/infoidisclaimer.asp
rsicr
http://www.rniarnidadegov/propertysearchi
3/12/2015
Property Search Application - Miami -Dade County
--
Property Information
Folio:
Property Address:
Owner
iling Address
Primary Zone
Primacy Land Use
Summary Report
01-4206-051-0010
898 BRICKELL KEY BLVD
900 BRICKELL KEY BLVD
SWIRE PACIFIC HOLDINGS INC
501 BRICKELL KEY DR #600
MIAMI , FL 33131
6405 CEN HIGH DNSTY BORDERS
CB
9751 PVT PARK -REC AREA
-ROADWAY COMMON AREA
Beds / Baths / Half 0 / 0 /0
Floors 0
Living Units 0
Actual Area 0 Sq.Ft
Living Area 0 Sq.Ft
Adjusted Area 0 Sq Ft
ot Size 81.881 Sq.Ft
Year Built 0
ent Information
Year 2014
and Value $100
Buildiog Value $0
XF Value $0
arket Value $100
2013 2012
$1001 $100
$0, $0
$0
$100 $100
$100
Benefits Information
_ .
Benefit IType
------/—„,—
______ 2014 2013 __20
Note: Not all benefits are applicable to all Taxable Values (i.e. County,
hool Board, City, Regional).
Short Legal Description
*.*(114 b '0,11^111
,
f
01 7
' 3
Taxable Value Information
County
Exemption Value
Taxable Value
School Board
Exemption Value
Taxable Value
Generated On : 3/12/2015
20141 2013 2012
$0 $0
$100 $100 $100
0 $0 $0
$100 $100 $100
City
Exemption Value
$100 Taxable Value
Regional
Exemption Value
2 Taxable Value
Sales Information
$0 $0
$100 $100 $100
$0 $0 $0
$100 $100 $100
Previous Sale Price OR Book -Page Qualification Description
07/01/1997 $0 00000-00000 Qual by exam of deed
05/01/1995 $0 16813-4124 Qual by exam of deed
12/01/1994 $0 00000-00000 Qual by exam of deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser
an," "iarni-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.goviinfo/disclaimerasp
frttp://www.rniamidade.gov/propertysearch/
3/12/2015
1th 4,11P,w1,m11P' :d
1,0
11111,01 ,ibq,wwuiii�'pd
1w,,111�111116�11111�,.
Rick Scott
FuORIDAosFAFTwEmTof
ECONOMIC OPPORTUNITY
}*ly2Z,2OI5
Ms. Lucia Dougherty
Shareholder
Greenberg Traurig,P.A.
3335.E.2 nd Avenue
Miami, Florida ]3131
RE: BrirkeOKey Development ofRegional Impact
File No. ADArl1-74-O9O; Non -substantive Modification
Dear Ms. Dougherty:
[Cs8e
sxEcUTIvmRECTo
In your letter of July 17, 2015, you requested a determination whether a proposed
change to tile Claughton Island/Brickell Key Development of Regional Impact (DR]) may be
reviewed and adopted as a non -substantial amendment to the development order (D.[)]
without the need for submittal of a notification of proposed change (NCPQ pursuant to Section
380.06(19)(e)I,k,F;orida Statutas(F.Sj. �
The project is currently approved for up to 1,200,000 square feet of non-residential
developmen! 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 btoincrease the number ofapproved dvveUingunits from 3,U7Sto
3,73S,anincrease of66Ddwelling units. The amount ofnon-residential square feet bproposed
tobereduced from 1,2OO,OOOsquare feet to5I9,9OZsquare feet. The approved retail square
footage along with the limit on tile number of exiting peak hour trips is not proposed to
change. For the purpose ofdetermining the number ofdwelling 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 tile non-residential uses. The amount ofopen space and
conserved areas approved inthe development order will not bereduced.
Section 380.06(19)(e)2.k, F.S, states that changes that do not increase the number of
external peak hour trips and donot reduce open space and conserved areas within the project
are not substantial deviations. Tile Department concurs that the change in development rights
as described above are eligible for considerwion as nSection 380.06(19)/e)2.k, F.S. amendment.
':111v,! *uNm: |n7|H��n
o�mz|_)zaaz
Ms. Lucia Doherty
July 22,ZO1S
Page 2 of 2
Therefore, pursuant toSection 38O.O6(19)(e)2.k,F3,ifthe City of Miami approves the
change bwill not require the filing ufaNOP[The City must render the amended Development
Order tmthe Department once bbadopted.
Tb,ankyou for the opportunity toreview this proposed change. Ifyou have any
questions, please contact James Stansbury, at (850)7I7'8512 or via e-mail at
r
11%
Ana Richmond, Chief
Bureau of Community Planning
cc: K8ireidyFernandez, Planning and Zoning Department, City ofMiami
Jim Mur|ey,Executive Director, 5outhF|oridaRegional Planning Council
FLOM DA
DEPARTMENT
ECONOMIC
OPPOR UNRY
Ms. Lucia Dougherty, Shareholder
Greenberg Traurig, PA
333 SE. 2® Avenue
Miami, Florida33131
EXHIBIT "A"
DEVE4OPMENT ORDER
Letib known that purst:ant to section 380.06 (7),
Florida Statutes, the Commission of the City of Miami, Florida,
has heard at a Public Hearing held on February 12, 1975, a
development of regional impact consisting of a complex of
aoartments, hotels, office buildings and stores to be located
in the City of Mimi beginning in 1973.
Pursuant to Section 380.06 and after due consideration -
'of the consistency of this development with regulations, and
the regiOn 1 report this body took. the followlng action:
Approval of this development subject to the following con-
ditions:
1. The South Florida Regional Planning Council found
that a floor area ratio of 3.24 with bonuses to 3.79
was excessive. The Planning Department of the City of
Miami has recommended a maximum floor area ratio of
2.4 (4,371,751 square feet) which includes bonuses
for bayfront eassment and dedication of 3.5 acres for
public park. The Planning. Advisory Board has recommended
a floor area ratio of 2.5 which Woud permit 4,553,907
sqare feet of develOpment. The Planning Advisory
Board further recommended that a floor area ratio
of 3.24 which would permit a development of 5,90.5,000
square feet would be appropriate if the developer
dedicates, develops and perpetually maintains a 3,5 acre
public par',; on the west shore of the island.
The Commission finds that the racommendations of
the R1:moing AdvisOry BOard arE apprOpriate for
Claughton Island.
2. The developer has requested 73.8 dwelling units per
acre or a total number of 3,075. The South Florida Regional
Planning Council has made no recommendation as to the number
of dwelling units per acre; however, they have noted that
the previous zoning of the Island (R-4) permitted 58
units per acre. The Planning Department of the City
of Miami and the Planning Advisory Board'of the City of
Miami have recommended a maximum residential density of
58 dwelling units per acre. The City Commission finds
that 73.6 units per acre or a total of 3,075 dwelling units
for the entire island will provide for reasonable intensity,
0117-RESIDENTTA,L. FLOOR AREA.
3. The developer requested before the South Florida
Regional Planning. Council a non-residential floor area of
1,400,000 square feet for office and 230,000 square feet
for retail use. The South'Florida Regional Planning Council
found that the .request would iMbede the development of the
Central Busines District as a major urban center. The
developers zeuest before tbe PlanningAdsory Board and
The City CommiSsion is for 1,200,000 square feet of office
and 238,000 square feet for -retail use. The Planning
Department has recommended 400,000 squqre feet for office
use -and 100,000 squqre for retail use. The Planning
Advisory Board has recommended a total non-residential area
ratio of 1,138,4'77 sqUgre feet. The City.Commission finds
that a total non-residential floor area of 1,200,000 will
be appropriate for Claughton Island,( NO PA6g:5&-. -NAM
CFO ScAJ:1--° OF f:?-E.1-4411.
2.
C
k"St'..*+SNOOMdmm.ee,VYsntrdrala,":g"httaWaga:A
4. The City of Miami Planning Department and Planning
Advisory Boerd ha.re recommended that the following .F.252S
be permitted. on Mlaughton Island: those permitted uses
as set forth in. Paragraphs 1 through 12 of the Use Regu-
lations of the SPD-1 District, together with the follow-
ing: Night C/ub, Package Liquor Store, Restaurants, Tea
Rooms or Cafes, Sporting Goocs, Theater, Private Club or
Lodge and other similar uses not operated for'profit,
duplicating center not including typesetting and letter
prass, Parking Lots as temporary uses duringconstruction
only, Food, Meat or Vegetable. Mafket, facilities for dis-
pan gasoline, motor oil and incidental automotive
services enclosed as a portion of a parking facility
with no exterior advertising. The, developer requests
the following additional uses - carpet, rug and floor
covering store; drive-in tellers;-hOme appLiance store;
and furniture store: The South Flo ' a Regional Planning
Council found that the project as presented by the de-
Yeloper would be to competitive with the Central Business
District. The City Commission finds that the uses as
recommended by the Planning Department and Planning
Advisory Board would be appropriate for an Island
development.
TPANsPORTATION
5. The South Florida.. Regional Planning Council found
that there would be egetive impact on the traffic
conditions at the intersections of Brickell Avenue and
S.E. 7th and S.E. Sth Streets. The City of Miami Planning
Department and the City of Miami Planning Advisory Board
have determined that due to the possible negative impact,
.!xitina nark an
trips. The City Commission finds that exiting peak hour
traffic must be limited to 800 vehicular trips and in order
to insure that this maximUm is not e:ceedad, a traffic
survey by the Dade County Department of Traffic and Trans-,
•Eportation shall be conduCted prior to the issuance of each
new building permit to determine the exiting peak hour
traffic and the probable effect that•the proposed building
and those already under construction will have on the maximum
limit. No building permit shall be issued if it is deter-
mined by said survey that the maximum peak hour traffiewl_11
be exceeded. The developer shall make .provision for a
second bridge connection at the north end or the island..
6. The South Florida Regional Planning Council ha,
found a complete lack of medium and moderate income. housing
units on the :Island and, therefore, recommended denial— The
developer has offered to furnish 300 units of mediUm income
housing charging rental fee that does not include a figure
for capitalized land value, The developer represented to
tha Planning Advisory Board thatthe rental for these units
would be approximately $300 per month. The Planning Advisory
Board found that this figure would be above the low income
threshhold. The Planning Advisory Board encourages the,
developer to provide at least 300 units for medium -moderate
income housing. , The City Commission.finds that the develon-
ers shall provide low income housing and requires ri.ot less
than 200 units on the island to boy developed and rented in
the manner set forth by the developer.
A3.7
7. The,Orban Development Review Board has recommended
that the develoPer Provide additional visual vistas
through'the Island from the mainland. The Planning
Advisory 3oard concurs with this recommendation. The
Ptanning Department hes determined that the additional
visual vistas may be provided by the lessening of
intensity as set forth herein. The City Commission
encourages the developer to provide additional visual
vistas through the Island from the west.
S. All Other portions of.the development Plan as
presented by the developer are hereby ratified and
aPProved subJect to the limitations of the SPD-1
DISTRICT and the aPPlicuion for develcoment as
approved by the City Commission.
9. The 'South' Florida Regional Planning Council shall
be Nrnished with all proposals. and 'updates of the
apptication for the develoPment of regional impact.
Copies of this Order are to be sent immediately to
theDivision of State Planning, Department of Administra—
tion7 725 S Dromough, Tallahassee, Florida; to the South
Florida Regional Pl,anning Council, l55 N,W. 167 Streetv
Suite 42I'Miamil Florida; to Edward N. Claughtoric Jr.v
34 S.E.„ Se'cond AVentiet Miamiv Florida; and to Fratea
ProPerties, 1mc,r c/o Davi Davies and POEs 5800 SkellY
5.
A3.F1
•
Drive East, Tulsa Oklahoma, owrteys a
1/2
DA.TE
ERIK
6.
COAMISS IO
CO1'41,11:89 ZONE R
71,
J-35-748
0/13/85
RESOLUTION NO.
812
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
AMENDING PARAGRAPH 6, EXHIBIT "A," OF
RESOLUTION 75-135 DATED FEBRUARY 12, 1975, AS
AMENDED, BEING A DEVELOPMENT ORDER APPROVING
WITH MODIFICATIONS THE CLAUGHTON ISLAND
PROJECT, A DEVELOPMENT OF REGIONAL IMPACT;
AUTHORIZING THE CITY MANAGER TO AMEND CERTAIN
AGREEMENTS REFERENCED IN RESOLUTION 75-423
DATED APRIL 22, 1975, BEING PARAGRAPH B OF
"THE STIPULATION OF AGREEMENT TO CONDITION
DEVELOPMENT ORDER AND TO DISMISS APPEAL," AND
PARAGRAPHS 1 AND 5 OF ATTACHMENT I, THE
MEMORANDUM OF UNDERSTANDING DATED HAY 14,
1975, BETWEEN CLAUGHTON ISLAND INVESTORS AND
THE CITY OF MIAMI IN REFERENCE TO 50W INCOME
HOUSING, WHICH AMENDMENTS ALLOW OPTIONS TO
CLARIFY TENURE, INCREASE THE NUMBER OF UNITS,
CHANGE THE LOCATION FROM CLAUGHTON ISLAND TO
TWO SEPARATE AREAS WITHIN THE CITY OF MIAMI,
UPON CITY COMMISSION APPROVAL; SPECIFYING
TIME OF COMPLETION; FURTHER, FINDING THAT
SAID AMENDMENTS DO NOT CONSTITUTE SUBSTANTIAL
DEVIATIONS FROM THE TERMS OF THE DEVELOPMENT
ORDER, AND DIRECTING THE CITY CLERK TO SEND
COPIES OF THIS RESOLUTION TO AFFECTED
AGENCIES AND THE DEVELOPER.
8881000855, the Miami Planning Advisory Board, at its meeting
of July 10, 1985, Item 2, following an advertised hearing,
=adopted Resolution No. PAB 43-85, by a 7 to 1 vote recommending
1
tht. the City Commission find that the proposed amendments tp the
Claughton Island Development Order, as hereinafter set forth, do
not constitute substantial deviations; further, recommending said
amendments to the City Commission; and
WHEREAS, the City of Miami Commission by Resolution 75-135;
February 12, 1975, issued a Development Order, approving with
modifications the Claughton 'Island project, a Development of
Regional Impact to he located on Claughton Island, being All of
BRICKELL KEY ON CLAUGHTON ISLAND "SECTION ONE" (113-18); All of
BRICK= KEY ON CLAUGHTON ISLAND "SECTION TWO" (118-47); All of
DRICKELL KEY ON CLAUGHTON ISLAND "SECTION THREE' (119-70); and
UNPLATTED LAND within the bulkhead line less that property shown
in Official Records 11344 at page 1079-1334, which Development
Order was clarified by Resolution 75-423; April 22, 1975; and
WHEREAS, the City of Miami Commission has passed a motion cf
intent, being Motion B5-340; March 29, 1985, expression their
intent of allowing the developer to change the obligation
regarding location for certain low-income units from Claughton
Island to the mainland; and
WHEREAS, this change is sufficient to warrant an amendment
to the Development Order; and
WHEREAS, the City Commission deems it advisable and in the
best interests of the general welfare of the City of Miami to
amend the Development Order as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Development Order for the Claughton
Island project, approving with modifications the Claughton Island
project, a Development of Regional Impact, being Exhibit "A" of
Resolution 75-135 dated February 12, 1975, is hereby amended with
respect to paragraph 6, in the following partioulari:
6. The South Florida Regional Planning Council has
found a complete lack of medium and moderate
ilIncome housing units on the Island and, therefore,
recommended denial. The developer has offered to
furnish 300 units of Medium income housing
charging a rental fee that does not include a
figure for capitalized land value. The developer
represented to the planning Advisory Board that
the rental for these units would be approximately
300 per month. The Planning Advisory Board found
that this figure would be above the low income
threshold. The Planning Advisory Board encourages
1Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanges. Asterisks
indicated omitted adn unchanged material,
the developer to provide at least 300 units for
medium -moderate income housing. The City
Commission finds that the developers shall e)
provide low income housing and requires not less
than 200 units on the Island to be developed and
rented in the manner set forth by the developer-r
(with future rents being subject to the Consumer
Price Index), or bL_Iovide not less than two
hundred and twenty:five_(225)upits ofmoderate
income affordable housing distributed among two
separate sites of the Cityother than the
Overtown/Parkwest areas; further, stipulating_that
the_developers shall select the aformentioned
sites.and return to the City Commission Rrior_to
commencing construction, for revi nd a
o8 said site selecpjonnot more than six months
from the date of Resolution No. 85-812, or
january.,....25i 2986; further, stiptllatina_thab. Linder
either option the units shall be completed and
ready for occupancy within 18 months. The Citz
wi not acceatmohev in lieu 0800nstruction.
k
* IP
Section 2. The City Manager is hereby authorized and
directed to amend the following agreements s,&(ich were approved by
and incorporated in Resolution 75-423 dated April 22, 1975:
Amendment:
"STIPULATION OF AGREEMENT TO CONDITION
DEVELOPMENT ORDER AND TO DISMISS APPEAL.
B. The Developer has submitted a Memorandum of
Understanding to be entered into by and between
the City of. Miami and the Developer which
Memorandum is attached hereto and made a part
hereof as "Attachment I. The Developer agrees to
be bound by the provisions thereof in order to
55
assure that a) a minimum of 200 units of low-
income housing as defined therein shall be
provided 44,th4,qe--71,4-ra,a(4,--fay--40-ulayb
by Ea-r-eh 28, 1-9-8--T as an integral part of the
overall development scheme of Claughton Island
with future rents beinuLsublect to the Consumer
Price Index)_c_ or t) shall provide not less than
two hundred and twenty-five (225) units of
moderate , income affordable housing equally
distributed among two_aeparate the _City
other than the Overtown/Perkwest areas; further,
stiaulating that the developer shall select the
aformentioned site and ret rn the City
Commission ortocommenciri3 construction, for
reviewand approval of the site selection, not
pore...than...six months from the date of Resolution
No. 85-012, or January 25, 1986; further,
stimulatinq that under either option the units
shall be completed and ready for occupancy by the
timecertain as reauired by the Devekopm Order,
as anended.
*
Amendment:
AMENDMENT I
"MEMORANDUM OF UNDERSTANDING BETWEEN CLAUGHTON
ISLAND INVESTORS AND THE CITY OF MIAMI IN RE LOW
INCOME OR MODERATE INCOME AFFORDABLE HOUSING
The Investors shall provide a)
units
than 200
of low-income housing as hereinafter
defined. ab-4-414-t,11,e-a-44ary-44-1-- Said
units may be interspersed throughout the areas of
the Claughton Island Development designated on the
Development Plan for residential units in
accordance with the aforesaid Resolution 75-135,
and may he provided by the Developer at such
times, and in such numbers and in such manner as
the Investors desire, consistent with the
Development Order-, orb shall j.;_rovide not less
than two hundred and twenly-five (225) units of
moderate income affordable housing distributed
among two serrate sites of the City other than
the Dvertown/Parkwest areas; further, stipulating
that tbe develoDer shall select the aformentioned
sites and return to the Cit.LCommissicn orior to
commencinc construction, for review and aoproval
of the site selection, not more than six months
from the date of Resolution No. 85-812, or January'
25, 19867 further, stipulating that under either
option the units shall be completed and ready for
occuoahoy_ icythe time certain as rep-uired by the
Developrnent Order, as amended.
*
5. Nothing herein shall be construed as restricting
the Investor from developing or constructing more
than the minimum number of units required, nor
6.hall it be construed as requiring any particular,
schedule for the construction of said units so
long as not less than a) 200 or b) 225 of such
units, dePending On the option selected4 are
completed and available for occupancy by 0cbruary
4-2, 4-944-, in a manner consistent with the
Development Order, as amended. This Memorandum is
solely for the purpose of clarifying the meaning
and intent of the parties as set forth by all
Parties at the time the aforesaid Resolution No.
75-135, as amended, was passed by the City of
Miami.
* (1
Section 3. The City Commission, following a public
hearing at which interested parties were given the opportunity to
0-4
amend the Stipulation of Agreement and Memorandum of be heard,
hereby finds that the amendment to the Development Order and
the companion authorizations for the City Manager to
Understanding do not constitute substantial deviations from the
Claughton Island Development Order approved by the City
Commission by Resolution 75-135 dated February 12, 1975, as
amended. The City Commission also finds that the option of
allowing the developer to build 225 units of housing cn the
mainland, rather than Claughton Island, achieves the same social
objectives without creating a reasonable likelihood of additional
adverse regional impacts or any other regional impact created by
the change not previously reviewed by the regional planning
agency,
Section 4. The City Clerk is hereby authorized and
directed to immediately send certified copies of this Resolution
to: the Florida Department of Community Affairs, Division of
Local Resource Management, 2571 Executive Center Circle East,
Tallahassee, Florida 32301; the South Florida Regional Planning
Council, 3340 Hollywood Boulevard, Suite 140, Hollywood, Florida
3321; Edward Claughton, 777 Brickell Avenue, Suite 1130; Charles
Juengling, Swire Properties, Inc., 777 Brickell Avenue; and,
Charles K. Cheezem, President, Cheezems Investment Corporation,
777 Brickell Avenue, Suite 1116, all at Miami, Florida 33131.
PASSED AND ADOPTED this 25th day of , July , 19B5.
.'TEST:
RALI'eN G. ONCIE
City Clerk
PREPARED AND APPROVED BY:
J)EL E. MAXWEL
ssistant City Attorney
APPROV '0 FORM AND CORRECTNESS:
LUCIA A.EOUgHERTY
City Attorney
Maurice A,_erre
MAURICE A. FERRE, Mayor
JEM/wpc/pb/B087
STATE OF FLORIDA
COUNTY OF DkDE
CITY OF MIAMI
1, RALPH G. ONGIE, Clerk of the City of Miami, Ficrida,
and keeper of the records thereof, do hereby certify that the
attached and foregoing pages 1 through 6 , imclusive,
contain a true and correct copy of a resolution adopted ty the
City of Miami Commission at a meeting held on the 25th day of
JULY , 1985.
SAID RESOLUTION WAS DESIGNATED RESOLUTION NO. 85-812
IN WITNESS IiIIEREOF, I hereunto set my hand and impress the
official seal of the City of Miami, Florida, this
of AITC= , 1995.
(SEAL, )
day
P.ALPH G. ONCIE
CITY CLERX
CITY OF MIAMI
BY
via M. Mendoza
Deputy City Clerk
AGREEMENT
This Agreement is dated the 26 day of February, 1986, and is
by and between TACOLCY ECONOMIC DEVELOPMENT CORPORATION, a
Florida nonprofit corporation ("TEDC"); SWIRE BISCAYNE INC a
Florida corporation ("SWIRE"); and HOMES FOR SOUTH FLORIDA, INC.,
a Florida nonprofit corporation ("HSF").
WHEREAS, the City Commission for the City of Miami, Florida
("COMMISSION") resolved on January 23, 1986, in Motion M-86-61,
that it will release Swire's obligations to provide low,
moderate, affordable income housing in the City of Miami when
Swire tenders One Million Six Hundred Thousand and No/100's
Dollars ($1,600,000.00) in cash (the "Payment") to the developer
of the "Shell City Site" in the City of Miami;
WHEREAS, Metropolitan Dade County holds title to the real
property known as the "Shell City Site" and has resolved to con-
tract with TtDC to be the developer of the "Shell City Site"; and
WHEREAS, TEDC agrees to build one hundred twenty-one (121)
units of low/moderate/affordable income housing on the "Shell
City Site" using the cash tendered by Swire and other funds; and
WHEREAS, TEDC can generate several million dollars in addi-
tional funds from private foundations and corporations for
development of the "Shell City Site" when the cash tendered by
Swire is deposited temporarily in an "Escrow Fund" for
low/moderate/affordable income housing in the City of Miami for
the subject site; and
WHEREAS, HSF was created to assist developers of low and
moderate income housing in South Florida, including the City of
Miami, and is willing and able to establish and administer as
"Escrow Agent" the "Escrow Fund" for use by TEDC and by other
developers of low and moderate income housing in the City of
Miami;
NOW, THEREFORE, in consideration of the foregoing premises
and the following mutual covenants, the parties agree as follows:
1. TENDER AND ACCEPTANCE OF PAYMENT. Simultaneously with
the execution of this Agreement, Swire shall tender the Payment
to TEDC in satisfaction of Swire's obligations to the City and
the developer of the "Shell City Site" as specified in Commission
Motion M-86-61 dated January 23, 1986, and TEDC shall accept the
Payment as developer of the "Shell City Site".
2. DEPOSIT OF PAYMENT BY TEDC WITH ESCROW AGENT. Immedi-
ately upon receipt of the Payment by Swire, TEDC shall deposit
the Payment with the Escrow Agent, as defined herein.
3. DESIGNATION OF ESCROW AGENT AND CREATION OF ESCROW
FUND. The parties hereby designate HSF as the "Escrow Agent" to
receive, administer and disburse the Payment and other funds
which may be deposited with the Escrow Agent for development of
low/moderate/affordable income housing in the City of Miami at
the "Shell City Site". HSF hereby accepts the designation as
Escrow Agent, subject to the terms and conditions of this Agree-
ment. The Escrow Agent represents that it has established an
interest -bearing escrow account with Southeast Bank, N.A., to
carry out the purposes of this Agreement (the "Escrow Fund") and
shall deposit all funds received by it from TEDC and other con-
tributors for the "Shell City Site" to the Escrow Fund in such
account immediately upon receipt. Said funds shall be kept in a
separate and distinct account solely for the purposes herein set
forth and solely for the purpose of constructing said housing at
the "Shell City Site".
4. DISBURSEMENT FROM THE ESCROW FUND. The Escrow Agent
shall disburse the Payment, and all earnings and interest which
may have accrued thereon, as follows:
A. First, to Swire if, within forty-five (45) days of
the date hereof, Swire certifies in writing to the Escrow Agent
that the City of Miami Commission has not passed a formal
"Resolution" satisfactory to Swire with respect to the terms of
Motion M-86-61.
- 2 -
B. To TEDC, upon receipt from TEDC of a certifica-
tion, as developer of the "Shell City Site", stating that the
City of Miami Commission has passed a formal "Resolution",
satisfactory to Swire and shown by Swire's written certification
thereof, with respect to the terms of Motion No. M-86-61. TEDC
shall further certify to the Escrow Agent that such funds are
required by TEDC for the construction of low/moderate/ affordable
income housing at said site and providing that said funds will be
used for no other purpose whatsoever. Finally, TEDC shall
certify to the Escrow Agent that TEDC has in hand all other
required financial commitments necessary for it to construct the
121 residential units above noted and that TEDC has supplied
copies of said commitments to Swire.
C. To Swire, if within one hundred and twenty (120)
days of the date hereof the Escrow Agent has not received any of
the certifications noted above in Paragraphs 4 A - B. There-
after, Escrow Agent shall be fully released from its obligations
and duties hereunder.
All other funds in the Escrow Fund, other than the Payment
and earnings thereon, shall be disbursed by the Escrow Agent in
accordance with special instructions from TEDC for such other
funds. Upon distribution of the Payment and all funds in the
Escrow Fund in accordance with the terms hereof, the duties and
obligations of the Escrow Agent shall terminate.
5. RELIANCE BY ESCROW AGENT. The Escrow Agent may act in
reliance upon any writing or instrument or signature which it in
good faith believes to be genuine, may assume the validity and
accuracy of any statement or assertion contained in such a
writing or instrument, and may assume that any person purporting
to give any writing, notice, advice or instructions in connection
with the provisions hereof has been duly authorized to do so.
The Escrow Agent shall not be liable in any manner for suffi-
ciency or correctness as to form, manner or execution. The
Escrow Agent shall only be required to undertake to perform only
such duties and obligations as are expressly set forth herein and
no implied duties shall be read into this Agreement.
6. RIGHTS OF ESCROW AGENT. The Escrow Agent may consult
with counsel of its own choice regarding the proper disposition
of funds deposited with it hereunder and shall have full and
complete authorization and protection for any action taken by it
hereunder in good faith and in accordance with the opinion of
counsel. The Escrow Agent shall not be liable for any mistakes
of fact or error of judgment, or for any actions or omissions of
any kind unless caused by its willful misconduct or gross negli-
gence. Escrow Agent shall not at any time be held liable for any
action taken or for any loss suffered by any person, whether due
to an error in judgment or otherwise, where Escrow Agent has
exercised good faith and ordinary diligence in the exercise of
its duties. TEDC agrees to indemnify Escrow Agent, and its
officers and directors, for all losses, costs, damages, expenses,
and charges, public and private, including those arising from all
litigation, groundless or otherwise, which result from the per-
formance of its duties under this Agreement and are not attribut-
able to its own gross negligence or willful misconduct. In the
event of a dispute as to the proper disposition of funds here-
under, Escrow Agent may bring a court action or proceeding to
determine the proper disposition of such funds. The Escrow Agent
shall be fully protected in suspending all or part of its acts
under this Agreement until a Final Judgment is rendered. In such
event, Escrow Agent shall be entitled to reasonable attorneys'
fees and other reasonable costs, to be paid for by the party
found not entitled to the funds. The Escrow Agent shall be
vested with a lien on the Payment and any earnings and interest
thereon for such indemnification. The duty to indemnify does not
terminate upon the termination of this Agreement or upon the
resignation of the Escrow Agent.
7. SUCCESSOR ESCROW AGENT. The Escrow Agent may resign
upon five (5) days' written notice to TEDC. TEDC with the
- 4
written approval of Swire shall be entitled to designate a suc-
cessor to Escrow Agent. All funds held hereunder shall immedi-
ately be turned over to such successor. If a successor Escrow
Agent is not appointed within this five (5) day period by TEDC,
the Escrow Agent may petition the Circuit Court in and for Dade
County, Florida, to name a successor. TEDC may terminate this
Agreement upon giving five (5) days' written notice to the Escrow
Agent and may cause the deposit of all funds held in escrow to be
placed with a new Escrow Agent. Upon acceptance of Escrow
Agent's resignation by TEDC or by the court, the Escrow Agent
shall be released from any further obligation hereunder.
Acceptance of such resignation further shall serve to release
Escrow Agent of all liability from its service as Escrow Agent
under this Agreement.
8. BINDING OBLIGATIONS. The rights created by this Agree-
ment shall inure to the benefit of, and the obligations created
hereby shall be binding upon, the successors and assigns of the
Escrow Agent and all parties to this Agreement.
9. NOTICE. Any and all notices referred to herein shall
be sufficient if furnished in writing sent by certified mail,
return receipt requested, to the respective parties at the
addresses set forth below their signatures to this Agreement or
such other address as they shall, from time to time, furnish to
each other by written notice.
10. HEADINGS. All paragraph headings in this Agreement are
included for ease of reference only and shall not affect the
meaning of the language in said paragraphs.
11. GOVERNING LAW. This Agreement shall be construed and
enforced according to the laws of the State of Florida.
-5-
IN WITNESS WHEREOF, the parties hereunto have executed this
Escrow Agreement on the day and year first above written.
(seal)
(seal)
(seal)
TACOLCY ECONOMIC DEVELOPMENT
CORPORATION
645 N.W. 62nd Street, Suite 300
Miami, Florida 33150
By:
President-OtisPitt,a;,
Attest: /-1
/ Secretary
JoAnn J./Perry
- 6
SWIRE BISCAYNE INC
777 Brickell Avenue, Suite 902
Miami, Florida 33131
By:
Attest:
i en - Stepehn L. Owens
- Secretary
Gregg E. Toland
HOMES FOR SOUTH FLORIDA, INC.
Address:1 S.E. Financial Center-16th Fl.
Miami, Florida 33131
'
By:
Presiden
Attest:
- Carl Palmer
cretry
Douglas Bs
,
LAW OFFICES
GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A,
miCHAEL. O. ALBERTINE
FERNANDO C. ALONSO
CESAR L. ALVAREZ
RUDOLPH F, ARAGON
RICHARD A. ARKIN
REUBIN O'D, ASKEW
11-ER86 L. SARSH
HILAR1E BASS
ALYSSA M. BAUmGARTEN
RICHARD D. BAXTER
NORMAN J. BENFORD
SCOTT M. BERNSTEIN
84886 D. BLOOM
DORT BRUTON
STEVE BULLOCK
ROBERT K. BURLINGTON
J. PHILLIP CARVER
ALAN R. CHASE
SUE M. COBB
KENDALL B. COFFEY
KATHY A, DARASZ
MARK B, DAvIS
JEFFREY D. DE CARLO
OSCAR G. DE LA GUARDIA
ALAN 7, D(MOND
CHARLES W. EDGAR,
GARY M. EPSTEIN
THOMAS K. COUELS
DIANE' O. FERRARO
LAURA A. GANGEMI
RICHARD S, GARRETT
BRIAN K, GART
C..)AVID J. GAYNOR
LAWRENCE GODOFSKY
ALAN S. GOLD
HARVEY A. GOLDMAN
STEVEN E. GOLDMAN
STEVEN NI. GOLDSMiTH
MATTHEW B. GORSON
DIANNE GREENBERG
MELVIN N. GREENBERG
MARILYN D. GREENBLATT
ROBERT L. GROSSMAN
KENNETH C. HOFFmAN
LARRY J. HorrmAti
MARCOS O. JIMENEZ
MARTINI KALE
ROBERT A. KAPLAN
JOEL J. KARP
JUDITH KENNEY
TIMOTHY E, KISH
ALAN B. KOSLOW
STEVEN J KRAVITZ
STEVEN A. LANDY
ALLEN P, LANGJAHR
ALAN 5, LEDERMAN
JEFFREY A, LEVEY
LAVYRENCE 8. LEVY'
NORMAN H. LIPOFF
CARLOS E. LOUM(ET
JUAN P. LOUMIET
MICHAEL J. MARCHESE
PEDRO A. MARTIN
JAY A. MARTUS
JOEL D. MASER
ALICIA M. MORALES
ANTHONY J. O'DONNELL, JR,
JULIE K. OLDEHOFF
DEBBIE M. ORSHEFSKY
MARK A, PACHmAN
575848 J. PARDO
OLGA PARRA
MARSHALL R. PASTERNACK
BYRON G. PETERSEN
ALBERT D. OUENTEL
JOEL REINSTEIN
MARK J. REISMAN
LUtS REITER
NICHOLAS ROCKVYELL
RAOUEL A. RODRIGUEZ
MARVIN S. Roscr,
FNCHARD A. FZOSENSAUM
RONALD M. ROSENGARTEN
DAVID L. ROSS
ROBERT D. RUSIN
KAREN D. RUNDOUIST
STEVEN 7. SAMILJAN
GARY A. SAUL
CLIFFORD A. SCHULMAN
MARLENE K. SILVERMAN
STUART H, SINGER
TimOTHY A. SMITH
LAURA P. STEPHENSON
SAMUEL SUSI
GARY P, TIWN
ROBERT H. TRAURIG
MARIANNE A. VOS
JONATHAN H. WARNER
DAVID M. WELLS
JERROLD A. WISH
TIMOTHY D. WOLFE
SHEILA F. WOLFSON
February 27, 1986
Roderick N. Petrey, Esquire
Valdes-Fauli, Cobb & Petrey
Suite 3400 - One Biscayne Tower
2 South Biscayne Boulevard.
Miami, Florida 33131
AMBLER H. MOSS, JR.
ZACHARY H. WOLFF
Df" COUNSEL
MIAMI OFFICE
BRICKELL CONCOURS
1401 BRICKELL AVENUE
MIAMI, FLORIDA 33131
TELEPHONES
MIAmi (30S) 579-0500,
BROwARD (305) 523.8111
TELEx 50. 3124
TELECOPY (30S) 575 - 07i5 • 579 .0717
WEST PALM BEACH OFFICE
100 SOUTH 083IE HIGHWAY
WEST PALM BEACH, FLORIDA 33401
(305) 659 6333
TELECOPY (305) 659- 6354
BROWARD OFFICE
SuiTE 1550
110 EAST BROwAR0 BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
(305) 765•0500
TELECOPY (305) 765.1477
WRITER'S DIRECT NO:
579-0613
PLEASE REPLY TO:
MIAMI OFFICE
HAND DELIVERED
Re: Swire Biscayne Inc - Tacolcy - East
Little Havana - Homes For South Florida,
Inc. - Escrow Agreement Regarding City
of Miami Motion M-86-61
Dear Mr. Petrey:
IHL; 2 2, 1986
On behalf of Swire Biscayne Inc and in accordance with the
Escrow Agreements dated February 26, 1986, between the above -noted
parties, I am pleased to enclose the following:
1. Swire's check in the amount of $1,600,000.00
made payable to East Little Havana Community
Development Corporation;
2. Swire's check in the amount of $1,600,000.00
made payable to Tacolcy Economic Development
Corporation; and
3. An executed copy of the Escrow Agreements
involving Swire Biscayne Inc, Tacolcy and
East Little Havana Development Corporation.
Roderick N. Petrey, Esquire
February 27, 1986
Page Two
Pursuant to the terms of Paragraph 2 of both Agreements,
please transmit the funds immediately to HFS.
Thank you for your cooperation in this matter and good
luck in your endeavors.
Yours very tr
CLI1kJRD A. SCHULMAN
CAS/tr
Enclosures
cc: Robert H. Traurig, Esquire (w/encl.)
Mr. Steve Owens (w/encl.)
Harry Friedman, Esquire (w/encl.)
GREENE3ERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A.
VEwoox
svv|nsp|mxmnmL
SERVICES INC
DATE
CHECK NO
�
7ACOLCY ECONOMIC DEVELOPIENT CORP.*s^oEw,.
2-26-86
002990
DATE
wowa,n
PAID ^sAGENT FOR
PROJECT
onnsx
mscou^x
'86
SQIRE BISCAYQE INC.
'pl,600,000.00
)VV|RE FINANCIAL SERVICES INC
AS AGENT
�LIVERED PURSUANT TO AN ESCR0U AGREEMENT
[TR HOMES FOR SOUTH FLORIDA, ZNC. DATED
'26-86 AND THE CITY OF MIAMI COMMISSION MOTION
'8G-�L ''8�t����f�8O'� N.A.��,/�, nrso
` oao
DOWNTOWN BANKING CENTER
PAY
TO
THE
ono,n
OF
TACOLCY ECONOMIC DEVELOPMENT CORPORATION
BY
0002990/" |:OE, 1�OOO5��/: OLa �
2-2O-88
L871�III
OO�)QQO
uuc-uuw
$1"600,000.80*
SORT NO.
DATE
00299
NUMBER
002991
[$1,600,000.00*
0 0. 1 0 DI; ?,
SWIRE F NANCI5 SE ICES INC
000 2q9 LH' I:0660005El Lr.'
BY
0 LB
VENDOR
SWIRE FINANCIAL SERVICES INC
NITY DEVELOPMEUs6ORRL
DATE
CHECK NO.
EAST LITTLE HAVANA COMM
2-26-86
002991
DATE
NUMBER
PAID AS AGENT FOR
PROJECT
GROSS
DISCOUNT
36
SWIRE BISCAYNE INC.
$600000.00
;WIRE FINANCIAL SERVICES INC
AS AGENT
.IVERED PURSUANT TO AN ESCROW AGREEMENT WITH
1ES FOR SOUTH FLORIDA INC. DATED 2-26-86
) THE CITY OF MIAMI COMMISSION MOTION
-outheast Bank, N.A.
DOWNTOWN BANKING CENTER
MIAMI, FLORIDA 33131
PAY
63.5E
660
00,0
TO
THE
ORDER EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
OF
CORPORATION
•
'33 'd
STATE OF FLORIDA
jEtit BUS't-t
UPYcrr)(71
1 GREENBERG TRALJRI
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home'
MADDELJS L. CCIIEN, Ala
5 ecrcLary
18 July 2006
Kenneth 0, Metcalf
Greenberg Tieurig
Post Office Drawer 18-38
Tal.lahassee, Florida 32302
Dear Mr. Metoali:
The Department received your request of October 20, 2005, for confirmation regarding the
appropriate procedure for modifying tha Brickell Key Development of Regional impact (DR.1)
development order to correct a discrepancy between Brickell Key's total acreage, floor area ratio
(FAR), and total square footage, as stated in the DRI development order issued by the City of
Pursuant to section 380.06(4)(i), F.S„ the Department may issue an informal determination in
the form of a clearance letter as to whether a development is required to undergo development
of regional impact review, A clearance let -ter may be based solely on the information provided
by the developer, and the Department is not required to conduct an investigation of that
informal -ion. If any material information provided by the developer is incomplete or inaccurate,
the clearance letter is not binding upon the Deparnnenl. A clearance let -ter does not con_stitute
final agency action.
The DRI was originally known as Claughton Island (ADA-3074-090); the development order
was issued in February :975. The Claughton Istard development order does not explicitly state
the rotril area of the island; however, Exhibit A to the development order does discues three
separate floor area ratios (FARs) and the total number of dwelling units, and the calculations for
all of these fig-ues assume an area for the island of 41,8 acres. The South Florida Regional
Planning Council report of September 1974, however, gives the area of the island as 4-4 acres,
and your letter describes the island as comprising 44.01 acres,
Ln fact, the area of the '5rickell Key DRI is 4-4,01 acres and has not changed since the
development order was issued in 3975, thenWe equivalent square footage would be, as you
point Qut, 6,233,32-5 square. feet, which is 3,494 percent more than the figure stated in the 3975
development order, You suggest that thc square footage figura provided in the developTgent
order is erroneous and should be corrected, based on the correct acreage figure for the DRI.
After examining our records on Claughton Islasid/Brickcili Key DRI, we find that Wo record is
not clear an to wheWer the original square footage figure was erroneously calculated.
Accordingly, We Department requested addttional documentation to demonstrate that the
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Kenneth b. 1,1elcia
Pac,e. 2 of 2
13 July 2006
proposed change to the sure footage_ would not result 'ut additional impacts not previously
evaluated by the Claughton Island Application for Development Approval (ADA). The
additional clocurnentatdon provided for this request confirms that the corrected square footage
would not result i_n any additional impacts over the levels originally forecasted by the
Claughton Island ADA as related to impervious surface, open space, water and sewer flows,
drainage needs, and transportation.
The Department also notes dt.ree key lintitations in the Claughton Island development order: (1)
pa.ra graph 2 of Exhibit A Limits dwelling units to a total of 3,075; (2) paragraph 3 of Exhibit A
explicitly limits the square footage of nonresidential use to 1,200,000 squase feet; (3) peak hour
traffic is lirrtited to 800 vehicle trips, Therefore the requested correction (increase) in total square
feet of the development will not result 0 additional dweLling units, additional square footage of
noruesidendal use, or additional trips. it appears that the only effect of the requested correction
allowing more square (eet will he to allow larger dwelling urits.
Section 380.06(19)(e)2, F.S., authorizes modifications to an adopted development ordcr for a
variety of non -substantive changes that would not increase the impacts of the development. The
is n
proposed change cf the allowable square footage in the development order ot specifically
Lis te,cie, 380 06(19)(2)2, F,S,; however, 5. 380,06(19)(e)2,k, F.S., state that any other change
which the Department agrees is sirnilar in nature, impact-, or character to the changes
enumerated in .5s. 380.06(19)(e)2,a-j, F,S,, and which does not create the likelihood of any
additional regional pact is not a substantial deviation. The Department concludes Lhat the
proposed change is similar i_n nature, impact, and character to the char. Iges enumerated in dais
section and wouli riot create the likelihood of any additional regional impact, Therefore it is not
a substantial deviadon.
Based on the above findings, the Department does not object to the developer amending, the
development order pursuant to the procedures set forth in Section 380,06(19)(e), F.S., in order to
change the square footage allocation as indicated above. These findings aze based on the
representations submitted Lin support of your request. The Department does not have any
independent knowledge as to the inf orma bon presented and reserves the right to reconsider
this determina huh if the information presented is found to be materially inaccurate.
U you have any questions regarding this matte.r, you may call Nr. Paul L2arst, Principal Planner,
850-9224754.
Sincerely,
r
Wilburn
Regional Panning Adraini5trator
CC: Carolyn A. De1de., Executive Director, South Florida Regional Plartning Council
Ana Gelatiert-Sapchez, Director, City of Miami Planning Department
Et7; T. T. 9 FicaE
September 24, 2007
Iris Escarra, Esq.
Greenberg Traurig
1221 Brickell Avenue
22" Floor
Miami, FL 33131
RE: Brickell Key/Claughton Island Substantial Compliance
Dear Iris:
P1=1)R(J(.;. ILPNANI)1:4
Pursuant to your request of September 22, 2006, the Planning Department of the
City of Miami has no objections to the Substantial Compliance determination made by
the Zoning Administrator to correct an error in the acreage for Claughton Island's
Development Order, approved. by City. Commission Resolution 75-135. Our conclusion
is based on the following information received:
1. Correspondence .from the Department of Community Affairs dated July 18,
2006, confirming their non -objection to the correction to the development order,
see attached Exhibit "A";
2. All materials, reports and surveys submitted to the Department of Community
Affairs in support of its July 18, 2006 determination;
3. Certification by Fortin, Leavy, Skiles dated January 24, 2006, wherein they
certify that the island consists of 44.018 net acres, as opposed .to the 41.8 net
acres; and
4. Substantial Compliance determination issued by Lourdes Slazyk, Zoning
Administrator dated January 24, 2007, see attached Exhibit "B."
Should you have any questions or concerns, please feel free to contact me at
305.416.1470 or Antonio Perez at 305.416.1478 in the Planning Department.
Ana Gek*ert:Sanchez,-Director
Planning
PLANNING DEPARTMENT
NA 1 7971q6,'-q\'8/11?qRC)1Lue, 3Ed Eloor / MiaijF Florida 33130 / (305) LEI 6-1400 adecopier: (305)4E16-2156
Aciclre3s: P.O. Box 330700 Miami, Florida 33233-070
CITY OF KA|A8A|
KA(]DAp|CAT|CJN APPLICATION
Planning & Zoning Department
444 S.W. 211« Avenue' 31u Floor
Miami, FL 33180
305.416.1400
MODIFICATION APPLICATION
This is to request that the pemit, resolution or ordinance
modification hereviewed inorder 0odetermine whether hix
approvals obtained, osdescribed inthe documents attached.
captioned above be considered for modification and that said
substantial, non -substantial or in substantial compliance with the
Section 2215.1. Substantial changes defined; changes prior to notice of public hearing.
Substantial changes affect the essential part ufthe thoform ofthe application, osdetermined bythe Zoning
Administrator and the Planning and Zoning Director. Such determinations shall be made upon o request to review proposed
modifications hoapplications for the following items:
Class oSpecial Permit
Variance
Special Exceptions
Major Use Special Permit
Zoning Atlas Amendment
/ DR[ Development Order
The proposed changes to the DR[ Development Order are specified on the attached letter from the applicant's agent
Iris Eooana(Esq.) dated V/2206.
The review will buconducted bypersons dafinodinSection 22V2.1(e).using the following criteria:
The requested change exceeds the zoning regulations
The footprint of the building is proposed to be moved by more than ten (110') feet in any horizontal direction
The height ofthe building orany portion thereof ixproposed mbeincreased bymore than five (s')feet or five
(5%) percent of the height of the building, whichever is greater, in a vertical direction; or
The Zoning Administrator shall refer the proposed change to the Director of the Planning and Zoning
Department in order to apply the applicable criteria as set forth in section 1305. where at such time the
Planning Director shall determine if the proposed changes result in substantially the same project and are still
in compliance with the findings in the original application.
(a)
V4
(c)
¢V
1750 PONCE DE LEON BOULEVARD, CORAL GABLES, FLORIDA 33134
305 447-0900 • FAX: 305 444-4986 • 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
hlenardicOwireprops.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
compare 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 sf, 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
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 Hour 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, Brickell Key has the following land uses and intensities on site:
• 3,093 DUs of residential con.dominiumi
• 324,620 sf of office
• 20,979 sf of retail
• 3,303 sf of restaurant
1
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 lB for trip generation worksheets,
Mr. Chris Gandolfo
Re: BhckgU KmvTraffic Evaluation '#14221
Page 3Of4
Exhibit 2-Trip Generation Calculations
�
Daily
AK�Peak Hour
PK8Peak Hour
In
Out
Total
In
Out
Total
Existing Traffic Counts onthe DhckeUKey Bridge
Tuesday,9/16/14
14,938
496
682
1,178
652
563
1'215
VVednesdoy,9/I7/I4
14,742
548
684
1,232
562
569
1,131
AVERAGE
14,840
522
QB
1,205
607
566
4173
|TE Gross Trip Generation for the Existing
Uses
Residential Condominium 2,929DUs
12,I45
131
639
770
642
317
959
Hotel' 3I9Rnoms
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
U
25
32
57
High Turnover Restaurant 3,3035F
420
ZO
16
36
ZO
13
33
TOTAL
19\396
685
786
1,472
864
834
2,688
Y6INTERNAL CAPTURE
23%
24%
13%
18%
30%
31%
31%
|TE Gross Trip Generation for the Existing 8i Proposed Uses
Residential Condominium 3,579DUs
I4,456
154
749
903
757
373
1,130
Hote|z 329Rooms
2,688
102
72
174
102
95
197
Office 424,620SF
3,940
535
73
608
94
460
554
Specialty Retail 70,979SF
3,146
O
0
0
84
108
192
High Turnover Restaurant 3,303SF
420
20
lG
36
20
13
33
High Turnover Restaurant 10,000SF
1,272
60
48
108
59
40
99
Quality Restaurant 15'000SF
1,349
O
0
O
75
37
llZ
TOTAL
27,272
872
958
1,829
1,291
1,226
2,327
INTERNAL CAPTURE a
'6,272
'207
'125
'332
'354
'352
'706
External Vehicular Trips
20,999
664
833
1,498
837
774
1,611
|TE Gross Trip Generation for the Existing & Maximum Approved (D[]) Uses
Residential Condominium 2,929DUs
12,145
131
639
770
642
317
959
Hote|' 329Rooms
2,688
102
72
174
102
95
197
Office 1'O50'0OO5F
7,840
1,105
150
1,255
213
I,041
1,254
Specialty Retail 90'000IF
3,989
U
O
U
107
137
244
High 'Turnover Restaurant 30,000SF
3,815
179
145
324
177
118
296
Quality Restaurant 30,0005F
2,699
O
O
O
151
74
225
TOTAL
33'175
2,517
1006
2,533
1392
2,782
3,275
INTERNAL CAPTURE ^
'7,793
'361
'132
'456
'414
558
'969
External Vehicular Trips
25,382
1,156
874
2,067
978
1,225
2,206
zForana|ysispurposcs,the329momhote|wasnotconvertedto164DU`ofpcsidendp|condnminium.
2 Based onthe calculated internal capture percentage.
Mr. Chris Gandolfo
Re: Brickell Key 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 farther information.
Sincerely,
T1 othy J. PI
President
Appendices
er, PE
Brickell Key Traffic Evaluation August 2015_REV.docx
Traffic Survey Specialists, Inc. 624 Gardenia Terrace
Delray Beach, Florida 33444 Phone (561) 272-3255
Volume Report with 24 Hour Totals Page
***************
Data File
Station
Identification
Start date
Stop date
City/Town
Location
***************
Sep 16
*****************************************************************
D0916002.PRN
: 000000091502
: 000210521008
: Sep 16, 14
: Sep 16, 14
: Miami, Florida
: SE 8 Street East
Interval : 15 minutes
Start time : 00:00
Stop time : 24:00
County : Dade
of Brickell Bay Bridge
****************************************************************
Eastbound Volume for Lane 1
End Time
--------
15
30
45
00
00 01 02 03 04 05
21
17
22
11
Hr Total 71
11 4 5 1 7
8 5 2 1 10
7 5 1 2 17
7 5 5 5 20
06 07 08 09 10 11
----
15 63 102 178 118 64
39 52 123 174 96 79
41 64 97 164 75 126
70 109 174 134 102 90
33 19 13 9 54 165 288 496 650 391 359
End Time 12 13 14 15 16 17 18 19
15 96 99 104 92 93 134
30 118 95 108 118 101 116
45 118 87 117 87 109 112
00 107 123 99 123 109 126
163
148
162
152
150
135
134
89
20
134
125
116
95
21 22
91
86
72
57
65
63
77
69
23
43
36
42
26
Total 439 404 428 420 412 488 625 508 470 306 274 147
24 Hour Total : 7469
AM peak hour begins : 08:45 AM peak volume : 690 Peak hour factor : 0.97
PM peak hour begins : 18:00 PM peak volume : 625 Peak hour factor : 0.96
*******************************************************************************
Sep 16 Westbound Volume for Lane 2
End Time
00 01 02 03 04 05 06
15 31 9 10 3 1 5 29
30 19 6 4 2 0 5 23
45 17 8 4 2 4 8 57
00 13 6 4 1 9 13 83
----
07 08
09 10 11
113 173 158 99 103
117 166 118 95 85
135 183 110 94 103
144 160 114 91 134
Hr Total 80 29 22 8 14 31 192 509 682 500 379 425
End Time 12 13 14 15 16 17 18 19 20 21 22 23
---- ---- ---- ---- ---- ---- ----
15 100 122 109 111 124 146 144 133 83 65 51 62
30 113 107 129 113 110 110 141 101 70 53 46 37
45 104 93 114 107 149 126 133 96 74 50 50 44
00 119 123 117 108 107 110 145 70 46 51 42 40
Hr Total 436 445 469 439 490 492 563 400 273 219 189 183
24 Hour Total : 7469
AM peak hour begins : 08:00 AM peak volume : 682 Peak hour factor : 0.93
PM peak hour begins : 18:00 PM peak volume : 563 Peak hour factor : 0.97
*******************************************************************************
Traffic Survey Specialists, Inc, 624 Gardenia Terrace
Delray Beach, Florida 33444 Phone (561) 272-3255
Volume Report with 24 Hour Totals Page 2
********************************************************************************
Data File : D0916002.PRN
Station : 000000091502
Identification : 000210521008 Interval : 15 minutes
Start date : Sep 16, 14 Start time : 00:00
Stop date : Sep 16, 14 Stop time : 24:00
City/Town : Miami, Florida County : Dade
Location : SE 8 Street East of Brickell Bay Bridge
*******************************************************************************
Sep 16 Total Volume for All Lanes
End Time
00 01 02
15
30
45
00
52
36
39
24
20
14
15
13
14
9
9
9
03
8
4
3
6
04 05 06 07 08 09 10 11
2 12 44 176 275 336 217 167
1 15 62 169 289 292 191 164
6 25 98 199 280 274 169 229
14 33 153 253 334 248 193 224
Hr Total 151 62 41 21 23 85 357 797 1178 1150 770 784
End Time 12 13 14 15 16 17 18 19 20 21 22 23
15 196 221 213 203 217 280 307 283 217 156 116 105
30 231 202 237 231 211 226 289 236 195 139 109 73
45 222 180 231 194 258 238 295 230 190 122 127 86
00 226 246 216 231 216 236 297 159 141 108 111 66
Total 875 849 897 859 902 980 1188 908 743 525 463 330
24 Hour Total : 14938
AM peak hour begins : 08:30 AM peak volume : 1242 Peak hour factor : 0.92
PM peak hour begins : 18:00 PM peak volume : 1188 Peak hour factor : 0.97
*******************************************************************************
Traffic Survey Specialists, Inc. 624 Gardenia Terrace
Delray Beach, Florida 33444 Phone (561) 272-3255
Volume Report with 24 Hour Totals Page 1
Data File : D0917002.PRN
Station : 000000091502
Identification : 000210521008 Interval : 15 minutes
Start date : Sep 17, 14 Start time : 00:00
Stop date : Sep 17, 14 Stop time : 24:00
City/Town : Miami, Florida County : Dade
Location : SE 8 Street East of Brickell Bay Bridge
*******************************************************************************
Sep 17 Eastbound Volume for Lane 1
End Time 00 01 02 03 04 05 06 07 08 09 10 11
15 19 2 5 1 1 3 15 47 103 165 125 72
30 17 3 4 4 2 10 34 55 134 1.58 96 71
45 16 9 7 4 7 15 46 64 137 164 97 68
00 11 14 3 2 8 17 65 102 174 142 101 89
---- ---- ---- ----
____
Hr Total 63 28 19 11 18 45 160 268 548 629 419 300
End Time 12 13 14 15 16 17 18 19 20 21 22 23
----
____
15 89 104 109 117 90 124 129 142 114 101 66 49
30 99 101 128 99 106 97 149 136 94 92 72 45
45 88 72 90 114 108 134 133 123 121 81 61 47
00 99 114 100 91 113 134 151 103 96 81 65 33
---- ---- ---- ---- ----
Hr Total 375 391 427 421 417 489 562 504 425 355 264 174
Hour Total : 7312
AM peak hour begins : 08:45 AM peak volume : 661 Peak hour factor : 0.95
PM peak hour begins : 18:15 PM peak volume : 575 Peak hour factor : 0.95
*******************************************************************************
Sep 17 Westbound Volume for Lane 2
End Time 00 01 02 03 04 05 06 07 08 09 10 11
15 37 8 7 7 1 5 23 118 173 136 118 93
30 16 8 2 0 3 9 35 121 171 140 106 91
45 18 12 1 3 8 10 49 142 165 126 108 107
00 20 7 8 2 4 18 65 131 175 93 97 115
Hr Total 91 35 18 12 16 42 172 512 684 495 429 406
End Time 12 13 14 15 16 17 18 19 20 21 22 23
15 123 124 97 104 113 117 159 113 77 60 44 51
30 117 106 101 129 119 127 143 92 77 68 54 51
45 97 88 95 108 120 100 143 86 75 50 46 49
00 86 120 101 111 136 105 124 77 81 56 60 38
Hr Total 423 438 394 452 488 449 569 368 310 234 204 189
24 Hour Total : 7430
AM peak hour begins : 08:00 AM peak volume : 684 Peak hour factor : 0.98
PM peak hour begins : 18:00 PM peak volume : 569 Peak hour factor : 0.89
*******************************************************************************
Traffic Survey Specialists, Inc. 624 Gardenia Terrace
Delray Beach, Florida 33444 Phone (561) 272-3255
Volume Report with 24 Hour Totals Page 2
********************************************************************************
Data File : D0917002.PRN
Station : 000000091502
Identification : 000210521008 Interval : 15 minutes
Start date : Sep 17, 14 Start time : 00:00
Stop date : Sep 17, 14 Stop time : 24:00
City/Town : Miami, Florida County : Dade
Location : SE 8 Street East of Brickell Bay Bridge
*******************************************************************************
Sep 17 Total Volume for All Lanes
End Time 00 01 02 03 04 05 06 07 08 09 10 11
15 56 10 12 8 2 8 38 165 276 301 243 165
30 33 11 6 4 5 19 69 176 305 298 202 162
45 34 21 8 7 15 25 95 206 302 290 205 175
00 31 21 11 4 12 35 130 233 349 235 198 204
Hr Total 154 63 37 23 34 87 332 780 1232 1124 848 706
End Time 12 13 14 15 16 17 18 19 20 21 22 23
15 212 228 206 221 203 241 288 255 191 161 110 100
30 216 207 229 228 225 224 292 228 171 160 126 96
45 185 160 185 222 228 234 276 209 196 131 107 96
00 185 234 201 202 249 239 275 180 177 137 125 71
Total 798 829 821 873 905 938 1131 872 735 589 468 363
24 Hour Total : 14742
AM peak hour begins : 08:15 AM peak volume : 1257 Peak hour factor : 0.90
PM peak hour begins : 18:00 PM peak volume : 1131 Peak hour factor : 0.97
*******************************************************************************
Summary of Multi -Use Trip Generation
Average Weekday Driveway Volumes (Unadjusted for Internal Trips)
_oject: Brickell Key Existing Uses Open Date:
Phase: Analysis Date:
Description: 14221
ITE:Land Use
24 Hour AM Pk Hour PM Pk Hour
Two -Way
Volume Enter Exit Enter Exit
230: Residential Condominium / Townhouse 12145 131 639 642 317
2929 Dwelling Units [E]
310: Hotel 2688 102 72 102 95
329 Rooms [PI
710: General Office Building 3213 432 59 75 367
324.620 Th.Sq.Ft. GFA [E]
826: Specialty Retail Center 930 0 0 25 32
20.979 Th_Scl.Ft. GFA [R]
932: High Turnover (Sit -Down) Restaurant 420 20 16 20 13
3.303 Th.Sci.Ft GFA [R]
932: High Turnover (Sit -Down) Restaurant 1272 60 48 59 40
10 Th.Sq.Ft. GFA [R]
931: Quality Restaurant 2249 0 0 125 62
25 Th.Sq.Ft. GFA [R]
Total Driveway Volume 22917 745 834 1048 926
Total Peak Hour Pass -By Trips 0 0 89 50
Total Peak Hour Vol. Added to Adjacent Streets 745 834 959 876
Note: A zero indicates no data available.
Source: Institute of Transportation. Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
Summary of Multi -Use Trip Generation
Average Weekday Driveway Volumes (Unadjusted for Internal Trips)
oject: Brickell Key Existing & Proposed Uses Open Date:
Phase: Analysis Date:
Description: 14221
ITE:Land Use
24 Hour AM Pk Hour PM Pk Hour
Two -Way
Volume Enter Exit Enter Exit
230: Residential Condominium / Townhouse 14459 154 749 757 373
3579 Dwelling Units [E]
310: Hotel 2688 102 72 102 95
329 Rooms [R]
710: General Office Building 3940 535 73 94 460
424.620 Th.Sq.Ft. GFA [E]
826: Specialty Retail Center 3146 0 0 84 108
70.979 Th.Sq.Ft. GFA [R]
932: High Turnover (Sit -Down) Restaurant 420 20 16 20 13
3.303 Th.Sq.Ft. GFA [R]
932: High Turnover (Sit -Down) Restaurant 1272 60 48 59 40
10 Th.Sq.Ft. GFA [R]
931: Quality Restaurant 1349 0 0 75 37
15 Th.Sq.Ft. GFA [R.]
Total Driveway Volume 27274 871 958 1191 1126
Total Peak Hour Pass -By Trips 0 0 67 39
Total Peak Hour Vol. Added to Adjacent Streets 871 958 1124 1087
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
Summary of Multi -Use Trip Generation
Average Weekday Driveway Volumes (Unadjusted for Internal Trips)
oject: Brickell Key Existing & Max Approved. (DO) Uses Open Date:
Phase: Analysis Date:
Description: 14221
ITE:Land Use
24 Hour AM Pk Hour PM Pk Hour
Two -Way
Volume Enter Exit Enter Exit
230: Residential Condominium / Townhouse 12145 131 639 642 317
2929 Dwelling Units [E]
310: Hotel 2688 102 72 102 95
329 Rooms [R]
710: General Office Building 7840 1105 150 213 1041
1050 Th.Sq.Ft. GFA [E]
826: Specialty Retail Center 3989 0 0 107 137
90 Th.Sq.Ft. GFA [R]
932: High Turnover (Sit -Down) Restaurant 3815 179 145 177 119
30 Th.Sq.Ft. GFA [R]
931: Quality Restaurant 2699 0 0 151 74
30 Th.Sq.Ft. GFA [R]
Total Driveway Volume 33176 1517 1006 1392 1783
Total Peak Hour Pass -By. Trips 0 0 142 84
Total Peak Hour Vol. Added to Adjacent Streets 1517 1006 1250 1699
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
DANIEL J. ALFONSO
City Manager
August 24, 2015
Ms. Lucia Dougherty, Esq.
Greenberg Traurig
333 SE 2 Avenue, 40'1' Floor
Miami, FL 33131
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 Determination 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
Cornrnission 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
of 41.8 acres.
On July 18, 2006, the .Department of Community Affairs confirmed their non -objection to a
correction of the Development Order, which the Planning Director d.etermined 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 Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156
Mailing Address: P.O. Box 330708 Miami, Florida 33233-070E3
Ms, Lucia Dougherty, Esq.
Confirmation or 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 of non-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 recommendations 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.
Sin
e e S. Hegedus, AIA, ACHA
Zotiing Administrator
cc: Francisco J. Garcia, Director of Planning & Zoning
IC LL EY ALC L
RESI DENT IAL
OFFICE
RETAIL
RESTAURANT
TI
S F
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
Net Area
44.01
Total FAR
Total FAR
r
FAR
3.24
used
Remaining
6,211,325
5,310,336
900,989
NON RESIDENTIAL
RESIDENTIAL USE
1,200,000.00 (including 150,000 retafl use)
3075
PROPOSED TOTAL
3743
424,602.00
70,979.00
28,303.00
523,884.00
ALLOWED EXISTING REMAINING PROPOSED TOTAL LEFT
NON RESIDENTIAL 1,200,000,00 348,884,00 851,116.00 175,000.00 676,116.00
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
Toal non-resi left+ Proposed number of Average area
Total resi left of units per unit
900,989
OVERA
ACRE
FAR
TOTAL FAR
IS
TI
AND FAR SF ALLOWED
44.01
3.24
6,211,325
OVERALL ISLAND FAR USED.
SF
TOTAL RE AINING FAR
SF
5,310,336
900,989
OVERALL ISLAND ALLOWED SF PER USE
NON-RESI
RESI USE
1,200,000
5,01 1,325
OVERALL ISLAND USED PER SF
NON-RESI
RESI USE
NON-RESI SF LEFT
RESI SF LEFT
TOTAL SF LEFT
348,884
4,961,452
PROPOSED NON -RE S9 USE
851,116
49,873
900,989
per signed and sealed calculations by architect
Total allowed FAR -total used FAR
Per development agreement
Total allowed FAR -total allowed non-residential
FAR (6,211,325-1,200,000)
Existing noon-resiential development
Total FAR used - Non-residential FAR used (5,310,336-348,884)
175,000 NON RESI TO BE DEVELOPED
AFTER PROPOSED NON-RESI LEFT
676,116 TO BE CONVERTED TO REST
RESI SF LEFT 49,873
TOTAL 725,989 TOTAL REST 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 -MIAMI 21 FLR CALCULATIONS June 25' 2015
Exhibit # !Property
,Asia
900 Brickell Key Blvd
E3 Miami, FL 33131
Brickell Kev One
520 Brickell Key Dr.
E I Miami, FL 33131
Brickell Key Two
540 B ickel l Key Dr
E I Miami, FL 3313I
Carbonell
901 Brickell Key Blvd
E 4 Miami, FL 33131
Courts Brickell Key
801 Brickell Key Blvd
E 2 !Miami, FL 33131
Comvoisier Centre 1
501 Brickell Key Dr
E I Miami, FL 33131
Courvoisier Centre II
601 Brickell Key Dr
E 1 Miami, FL 33131
Courvoisier Courts
701 Brickell Key Blvd
E I '.Miami, FL 33131
Isola
770 Claughton Island Dr
Miami, FL 33131
,Mandarin Oriental Hotel
500 Brickell Key Dr
Miami, FL 33131
One Tequesta Point
888 Brickell Key Dr
E I Miami, FL 33131
5t. Louis Condominium
800 Claudttton Island Dr
Miami, FL 33131
!Two Tequesta Point
80S Brickell Key Dr
E 1 Miami, FL 33131
Three Tequesta Point
848 Brickell Key Dr
E 1 A4iami, FL 33131
EXISTING TOTAL
NEW ISLAND PROJECT
South Peninsula, Brickell Key
Miami, FL 33131
Resid. FAR Count ',FAR Total FAR Adjusted Gross (FAR . Parking Sq Ft. = Total Gross
x 1.15) 21)
97 SF369,377 SF 126,503 SF 495,880 S
21,197 SF
618,039 SF'
459,2232 SF L.
561,026 SF
,?71 SF 630,310
S
724,857
SF 214,125 SF
4,730 SF : 463,962 SF 5,3,556 SF'..
561,026 SF 645,180 SF 170447
SF 527.653 SF 251,445
03.022 SF 103,822 SF 119,395 SF I5.525 SF 34,920 SF
938,982
214,492 SF 213,492 SF
245,516 SF
231,701 SF
367341
SF
SF
SF
765,257
815,627
779,097
6
5
SF
SF'
SF!
SF=
SF
393,788 SF 14,587 SF 408,375 SF 469,631 SF 256,160 SP 725,741 S
307,365 SF '. 307,365 SF 353,470
243,194 SF 243,194 SF 279,673 SF'.. 119,695
447,043 SE
187,600 SF
535,472 SF 535,472 SF 615,793 SP 345,200 ; SF
507,509 SF 507,509 SF 583,635 S
S,040,293 SF 348,902 SF 5,389,195 SF 6,197,574 SF 565.902 SF
SF
187360
TOTAL (including new project) 5,766,282 SF 523,902 SF 6,290,184 SF
SF
SF
540,830
99,368
SF.
SF
447,043 SF. 514,099 SF 200,000 SF 714,099 SF
7,600 SF 215,740 SF 80,400 SF 296,140 SF
960,993
SF
,179,841 '..SFI
SF 1,400,989 SF'.......
3,065,902 ', SF 9,580,830 SF
Brieltell Key Zoning : T6-36-0
FAR Max = 44.0183 Acres x (43,560 st) x 12= -3,009,246 : SF
WI 30% Bonus =1 29,912,020 - SF
Allowed 150 Dwelling units/Acre x 44.0183 6,602 DU.
Page 1
.01
p'Er cr:174
Thiri whew* prIebrod by, bed *Air wade; *VT
Nitro:
4412104: wtsv A wenn, L.*x. Row 4
neAi
33111-32111
enosny Aporbibbr.• Pared kisrenraten
014210430-1041
ob-comes-cdoo
O1-42004644:620
CrPrIt 7'0030
199
. PA,
SPECIAL WARRANTY DEED
hr0,044
?Rri:_)2086 1997 JAN 16 16:00
DOCSTPDEE 64,6E0.00 SM.% 48610.00
HARVEY RUVIHr CLERK DADE COUNTY, FL
.4...4. t "
THiS SPSC1AL WARRANTY DUO is made and entered Into Os of the day of January,
197 by EOWARD N. CLADS/MK JR., BEVERLY A. MIXSON and a =Nays C. SCHMIDT, 43
tenants in common, Girird0r, to MIRE BRICKEU. THREE 114C., a Florida corporation, Grantee,
hose taxpayer Identification number(*) 1 , and whose mafling address ls
501 Merrell Key Cbtve, Suite 102, Mien*, FL 33131. Wherever used herein, the terms 'Grantorand
'Grantee sriall include ail of the Cartae to this inatrurnent and their heirs, tegal reprasentstives and
assign
WITNESETH:
GRANTOR, for end In COnsideredon of Ten and NoritX/ Dollars motto and other good and
valusbre ponsiderition, the recall% and sufficiency of which Is hereby eaknowiedged, has granted,
bargained end sold, and by these presents does hereby grant, bargsir and soil to Grantee, the following
described land altars and being In Dade County, Florida (the 'Property):
BEE EIHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER WITH all me tenemerttt hereditamerts and appurtenances thereunto belonging or
Wi anyettia appertaining, Inducting, **lout emit:Don, all riparian rights, Mr Vas and MI Ight, Ude and
interest In and to the rights and agesbanances pedaling W such real goarty, inducing arry right. tie and
intents! of Saaar in and to adjacent roads, struts, marrieds or rigno-oi-wry.
THIS CONVEYANCE Is subject to: taxes and assessments for 1097 and all subsedurnit yliarC
zoning ordinances, restridione, prohibitions and other requirements Imposed by governmental authority;
and emodillorra, restrictiorK, and easement* of record, ff any, but this reference Shall not operate to
(13411p048 me.Sa
GRANTOR hereby warrants the tide to the Property and win defend the same against the lawful
CilitT13 af all persons claiming by, through or under Grantor,
J44-01-1997 10 : 48 305 579 0717 P., 02
01 / be/97
Name: Ca Lhe r Inc it.( erzuson
EDWARD N. CLAUOH7OW JR., by and ttkough R Keith
..ionnson, es Trusts, pursuant to the tame certain
Distribution Judgment originally entered on December 0, 1994
In Atostury Proceeding No, 91-5063 in Chepter 11 matter
ST-B-92-59132 In the United States Bankruptcy Court for the
Western District of North Caroline (Charlotte Diviskm), then
redacted MCI reentered on December 12, 1904 end confirmed
by Consent Order Confirming end Declaring Status of TM@ to
Cletighton Island Property issued In said Adversary Meter oil
December 19, 1920
NORIO: Catherine B. Fc guson tUZANNII C. SCR14107,
es Trustee pursuant to
Judgment wig -Melly entered on09ceni. 6, 19Q4 n
Adversary Prix:aiding No. 94-6063 In Chapter 11 matter SI-
B-2240132 In the United States Bankruptcy Court kx the
Western District of North Caroline (Charlotte Division), Mtn
redacted and reentered on December 12, 1904 and confirmed
by Consent Order Confirming end Declaring Status of Tide to
Cieughtori Emend Property issued in said Adversary Hatter on
December 19, 1990
c/o R. Keith Johnson, PA., Suite 600
312 West Trade Street
Chadotte, NC 287lt2
DEWRLY A. MIL/001, by
Trustee pursuant to de terms
Amery 19, 19P3 W Adversary Proceeding No,
Chapter 11 mot* 8T-B-B2-50132 In the UnIted 81
Bankruptcy Court Tor tha Western District of North Carotins
(Charlotte Dreolon), end confirmed by Content Order
Confirming end Declaring Statue of TiVi to Claughbon Island
Property issued in said Adversary Metter on DeCtimiter 19,
1990
do R. Keith Johnson, PA, Suits 600
312 West Triode Mai
ChaBotio, NC 2a202
579 0717
" ' '
>01/213/97- 10:30
14Krer ZR;kta-1M
STATE OFFLORIO*
) se;
COUNTY OF DADE
cr, EC:cc VA3, fiTi, Cr.
:174934E01
The foregoing instrument WM acknowledged before mti of JenJaJy, 1997 by R.
Kett, 'Johnson, Trustee for EDWARD N. CLAUGHTON JE-, BEVERLY =MOM
C. SCHMIDT. He is personally know e to me or pieduced es identikielon.
My commission expires:
cA VrYtArYSY:)
BURG
PAO-O8-1997 10:40 305 579 0717
cfNiscci
Nun. ThZYI L. PST
Putc State
No.
P . 04
•" "
• r
•-•,;764,,
EXHIBIT "A" OM P74
LAWYERS TITLE REC. 1-1
INSURANCE CORPORATION
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
Schedule "A" Lands
A portion of Claughton Inland lying in Sections 6 and 7, Township
5( South, Range 42 East, City o tJ.ri, Dade County, Florida,
being more particularly described au followu:
Commence at the Intersection of the centerlines of Drickell Avenue
ilna 20th Street (now known as S. E. Bth Street), 6g Gbown on the
'iViEt..ZED KAP OF RN:CREWS ADDITION TO T68 KAP OF
according to the plat thereof, as recorded in Plat Book 'B', et
Page 113 of the Public Recordn of Dede County, Florida; thence run
South 76 degrees 29 minutea 06 seconds Eant, along the centerline
of said S. E. Bth Street and its southeanterly prolongation, for
1726.B3 feet to e point on the Nesterly Boundary line of said
inland and the Point of Beginning of the following described
parcel (said line also being the 'DADE COUNTY BULKHEAD LINE FOR
CLAUGOTON 15I.JJ, 4s shown on the plat therc0f, an recorded in
Plat Book 74 at Page 3, Sheet 4 of the Public Records of Dade
County, Florida); thence North 23 degrees 25 minutes 29 seconds
West, along said Bulkhead linc, for 263.70 feed there North 66
degrees 34 minutes 31 seconds East, at right angles to the last
mentioned course, for 22,29 feet to t Point on a curve, Baia point
bears North 2 degrees 19 minutes 49 seconds East, from the radius
point of the next described curve; thence Southeasterly, along a
circular curve to the right, having a radius of 37.75 feet and a
central angle of 24 degrees 11 minutes 26 seconds for an arc
distance of 15.94 feet to a Point o.f Reverse Curvature; thence
Southeasterly, along a circular curve to the left, having a radius
of 135.28 feet and a central angle of 15 degrees 47 minute12
seconds for en arc distance of 37.27 feet to a point on said
curve; thence North 27 degree° 46 minutes 56 seconds East, for
35.46 feet (last mentioned four courses being coincident with
portion of the Right —of —Kay dedicated to the City of Miami,
recorded in Official Records Book 10275 at Page 86 of.the Public
Records of Dade County, Florida); thence North 76 degrees 16
minutes 07 seconds East, for 47.29 feet; thence North 63 degrees
DB minutes 30 seconds E,ant, for 72.00 feet; thence North 41
degrees 20 minutes 02 seconds East, for 34.63 feet; thence North
66 degrees 34 minutes 31 seconds East, for 63.70 feet to a Point
of Curvature; thence Northeasterly, Easterly and Southeasterly,
along a circular curve to the right, having a radius of 25.00 feet
and a centre] angle of 58 degreen 18 minutes 42 seconds for an arc
distance of 25,44 feet to a Point of Compound Curvature; thence "
Southcanterly, along n circular curve to the right, having a radius
of 120.00 feet and a central angle of 47 degrees 41 minutes 39
seconds for en arc distance of 99,89 feet to a Point of Compound
Curvature; thence Southeasterly, Southerly and 5outhwe9terlY,
along a circular curve to the right, having o radius of 435.00
feet and d central angle of 9 degreer. 30 minutes 12 seconds for an
arc distance of 72.15 feet to a Point of Compound Curvature; thence Southwesterly, along a circular curve to the right, having
e radius of 25.00 feet and e central angle of 46 degrees 34
minutes 03 seconds for an arc distance of 20,32 feet to r. Point of
Reverse Curvature; thence Southwesterly, Southerly zinc
S oWhaste:IY, along a circular curve to the left, having a radius
CaseNo. 9600005.
Cift,
ith,-Otio
rErc:174954603
L AWYERS TITLE
I N S U R ANCE C 0 R P 0 R ATION
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
Schedule "A" Lands continued
of 55.00 feet and a central angle of 96 degrees 11 minutes 01
seconds for en arc distance of 92.33 feet to a point on said curve
slant mentioned nine courses being coincident with portion nr the
Boundary lineu of 'OLAUGHTON SUBDIVISION ON CLAUCIITON ISLAND',
according to the plat thereof, as recorded in Flat Book 133 at
Page 16 of the Public Records of Dade County, Florida); thence
South 5 degrees 50 minutes 45.7 seconds West, radial to the next
described curve, for 36.01 feet; thence Northwesterly, Westerly,
Southwesterly, Southerly and Southeasterly, along a circular curve
to the left, havins a radius of 65,00'feet and a central angle of
180 degrees 00 minutes 00 neconds for an arc distance of 204.20
feet to a Point of Tangency; thence South 64 degrees 09 minutes
14.3 seconds East, for 60.00 feet; thence South 74 degrees 23
minutes 23 seconds East, et right angles to the next described
course, for 200.13 feet to t point on the aforementioned 'DADE
COOK"IY BULXHEAD LINE FOR CLAUGHT0N ISLAND(last mentioned four
courses being coincident with portion of the Boundary lines of
"FIRS7 ADDITION TO CLAUGUTON SUBDIVISION ON CLAUGHTOP
according to the plat thereof, as recorded in Plat Book 140 et
Page 95 of the Public Records o: Dade Cory, Florida); thence
South 15 degrees 36 minutes 37 seconds West, tor 22E.91 feet to a
Point of Curvature; thence Southvesterly, Westerly and
Northwesterly, alone a circular cu:ve to the right, having a
radius of 150.00 feet and a central angle of 140 degrees 57
minutes 54 seconds for an arc distance of 3G9,05 feet to a Point
of Tangency; thence North 23 degrees 25 minutes 29 seconds West,
for 385.92 feet to the Point oeginning (lest mentioned three
courses being co'ncident with portion of the aforementioned 'DADE
COUNTY BulAnEr-sp LINE FOR CLAUGBTON ISLAND").
Case No. 960000
074
Exhibit "A(cont.)
Tract E of First Addition to Claughton Subdivision on Claughton island,
according to the Plat thereof, recorded in Plat Book 140, Page 95 of the Public
Records of Dade County, 'Florida
- and -
Tracts B and C of Claughton Subdivision on Claughton Island, according to the
Plat thereof, recorded in Plat Book 133, Page 16 of the Public Records of Dade
County, Florida
174,05915)ED 1.1 CFF,CAL RECOR6S DOD.,
OF aiLDE COUNTY, FL OQinit
MECCA° VOIFIED
liARVEY RtN1N
CLERK 00,1_,Urr COURT
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
HOME ADDRESS:
CITY:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
STATE: Florida ZIP:
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
Swire Jadeco LLC
BUSINESS ADDRESS: 501 Brickell Key Drive, Suite 600
(Address Line 1)
Miami, Florida 33131
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Approval of Special Appearance for modification to approved DRI.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES 4NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Do. No .86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone
a.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or or;der./
PERSON SUBMITTING DISCLOSURE:
)
signature
CV) band
Print Name
Sworn to and subscribed before me this 6---'41 day of ' , 20.0 1 3. The foregoing
instrument ivas acknowledged before me by L. 12 r5V,G/2(1 0 , who has produced
as identification andior is personally known to me and who did/did not take an oath.
STATE OF FLORID
CITY OF MIAMI
MY COMMISSION
EXPIRES:09 ) I7411—
,
ERIKA D. TEJEDA
...,r1+ MY COMMISSION # FF 024278
111 EXPIRES: July 6, 2017
Bonded Thru Notary Public Underwriters
Enclosure(s)
No -
:11E4 :d&C
Prinklyame
Doc No.:86543
Page 2