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Legislation
Ordinance
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Miami, FL 33133
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File Number: 15-111219 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 SECTION
380.06(19)(e)(2)(k), FLORIDA STATUTES, FOR REAL PROPERTY LOCATED AT
APPROXIMATELY 750 CLAUGHTON ISLAND DRIVE, MIAMI, FLORIDA, AS
DESCRIBED HEREIN (EXHIBIT "A"); BY REDUCING THE PERMITTED
NON-RESIDENTIAL FLOOR AREA BY 676, 116 SQUARE FEET, INCREASING THE
NUMBER OF RESIDENTIAL UNITS BY 668, AND BY PERMITTING A 3.75-ACRE
LINEAR PARK ON THE ISLAND; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 29,
2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-063 by a vote of eight to
zero (8-0), item no. 3, recommending APPROVAL, with conditions, 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 ("City") and its inhabitants to grant this
amendment to the Brickell Key DRI development order as hereinafter set forth; and
WHEREAS, on July 18, 2006, the City's Department of Community Affairs stated its non -objection to a
revised Development Order, 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, and which the Planning Director at the time deemed in
compliance; and
WHEREAS, Section 380.06(19)(e)(2)(k), Florida Statutes, allows an amendment to the existing Brickell
Key DRI that is consistent with the same, and thereby, does not increase the number of external peak hour
trips nor reduce open space or conservation areas, as hereinafter set forth; and
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-1").
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, an increase of the
number of residential units by 668 and provision for a 3.75-acre linear park on the island, and:
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15- 611101 L .o10Ulion c.v31
File Id: 15 01219 (Version: 3) Printed On: 10/212015
Submitted into the public
record for it m(s) P-z.
on I I . City Clerk
File Number 15-01219
(a) Is requested and necessary due to planned development as
described in Exhibit "A-1";
(b) The cumulative annual effect of the proposed development
does not conflict with Section 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 Jadeco LLC ("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) Is required to adhere to Environmental Resources review
and provisions pursuant to Chapter 17, Tree Protection Ordinance, of the Code of the City of Miami, Florida,
as amended;
(h) Complies with the applicable criteria as set forth in Section
380.06(19)(e)(2)(k), Florida Statutes.
(i) 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 Section 380.06(19)(e)(2)(k), Florida Statutes, and any other person or entity
requesting a copy.
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
Section 380.06(19)(e)(2)(k), Florida Statutes.
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File Id: 15-01219 (Version: 3) Printed On: 10/22/2015
Submitted into the public
record for ite (s)
on j u I City Clerk
File Number: 15-01219
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) 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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File Id: 15-01219 (Version: 3) Printed On: 10/22/2015
Submitted into the public
record or it r. (s)
on to City Clerk