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Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01219 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING RESOLUTION NO. 85-812, AS AMENDED FROM RESOLUTION NO.
75-135, THE BRICKELL KEY DRI DEVELOPMENT ORDER SUBJECT TO S.
380.06(19)(e)(2)(k), FLORIDA STATUTES, BY REDUCING THE PERMITTED
NON-RESIDENTIAL FLOOR AREA AND INCREASING THE NUMBER OF
RESIDENTIAL UNITS AND PERMITTING A 3.5-ACRE LINEAR PARK ON THE ISLAND,
FOR REAL PROPERTY LOCATED AT APPROXIMATELY 750 CLAUGHTON ISLAND
DRIVE, MIAMI, FLORIDA, AS DESCRIBED HEREIN (EXHIBIT "A"), MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 750 Claughton Island Drive [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Swire Jadeco LLC c/o Swire
Properties
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Resolution No. 85-812 for the Brickell Key DRI Development
Order.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 29, 2015,
following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no.
*, recommending **** of the amendment to the Brickell Key DRI Development Order as hereinafter set forth;
and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to grant this amendment to
the Brickell Key DRI development order as hereinafter set forth;
WHEREAS, the Department of Community Affairs stated on July 18, 2006 its non -objection to a
revised Development Order, which the Planning Director at the time deemed in compliance, and which
comprised 44.018 net acres and set a Floor Area Ratio (FAR) of 3.24 for the Brickell Key DRI, as
hereinafter set forth;
WHEREAS, S. 380.06(19)(e)(2)(k) of Florida Statutes allows an amendment to the existing Brickell
Key DRI that would be consistent with not increasing the number of external peak hour trips and for there
not to be a reduction of open space and conservation areas, as hereinafter set forth;
City of Miami
Page 1 of 3 File Id: 15-01219 (Version: 2) Printed On: 9/27/2015
File Number: 15-01219
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Resolution Nos. 85-812 and 75-135, as amended, pertain to real property
located at approximately 750 Claughton Island Drive, Miami, Florida, in the Brickell Key DRI as referenced
herein (Exhibit "A").
Section 3. It is found that this amendment to the Development Order adopted on
February 12, 1975 involves the reduction of permitted non-residential floor area by 676,116 square feet and
increase the number of residential units by 668 and to permit a 3.5-acre linear park on the island, and:
(a)
described in Exhibit "A";
Is requested and necessary due to planned development as
(b) The cumulative annual effect of the proposed development
does not conflict with §380.06(19)(e)(2)(k), Florida Statutes or the existing development order for the
Brickell Key DRI;
(c) Would necessitate a text change to the goals, objectives, and
policies of the local government's comprehensive plan with regard to emergency management protocols,
and proposes an amendment to the current development order for the Brickell Key DRI;
(d) Is one which the Florida Department of Economic
Opportunity (DEO) and South Florida Regional Planning Council have reviewed without objections, as
reference herein (Exhibit "B");
(e)Is not expected to increase the number of vehicular peak hour trips,
pursuant to the traffic analysis provided and in accordance with the Brickell Key DRI development order, as
referenced herein (Exhibit "C");
(f) The developer ("Swire") has complied with the moderate income
affordable housing provision via the amended development order from Resolution 85-812 and from an
Escrow Agreement dated February 26, 1986; and
(g) Complies with the applicable criteria as set forth in
§380.06(19)(e)(2)(k), Florida Statutes.
(h) A supplement graphic of the Brickelly Key DRI subject site
amendment area is provided, as referenced herein (Exhibit "D")
Section 4. The City Manager is directed to instruct the Director of the Planning and
Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second
reading to the reviewing agencies pursuant to §380.06(19)(e)(2)(k), Florida Statutes, and any other person
or entity requesting a copy.
City of Miami Page 2 of 3 File Id: 15-01219 (Version: 2) Printed On: 9/27/2015
File Number: 15-01219
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance may become effective upon adoption thereof pursuant and
subject to §380.06(19)(e)(2)(k), Florida Statutes.
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez
CITY ATTORNEY
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated herein,
whichever is later.
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