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Home My WebLink AboutO-13572City of Miami Legislation Ordinance: 13572 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01219 Final Action Date: 10/22/2015 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. 5-ACRE LINEAR PARK AND A 0.25 ACRE PARK ON THE ISLAND; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Commission by Resolution 75-135 on February 12, 1975, issued a Development Order, approving with modifications the Claughton Island project, a Development of Regional Impact ("DRI") to be located on Claughton Island, which Development Order was clarified by Resolution 75-423 on April 22, 1975, and subsequently amended through Resolution 84-1496 on December 20, 1984, and Resolution 85-812 on July 25, 1985 (collectively, the "Brickell Key DRI"); 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, on August 27, 2015, Swire Properties ("Swire"), owner of the property located at 750 Claughton Island (as shown in Exhibit B), submitted an application to amend the Brickell Key DRI, pursuant to §380.06, Florida Statutes (2015), for a decrease in Non -Residential uses by 676,116 square feet, the maintenance of a 3.5 acre linear waterfront park, and an increase in the number of permissible residential units by 668 (the "Brickell Key DRI Amendment"); and WHEREAS, the Miami Comprehensive Neighborhood Plan contains Policy PR-2.2.1 that establishes a no net -loss policy for public park land, and in compliance thereof, the development and maintenance of a 3.5 acre linear waterfront park and an additional 0.25 acre public park on Brickell Key, design and location to be determined by Swire, satisfies this policy; and WHEREAS, the Brickell Key DRI Amendment will not increase pm peak hour vehicular traffic exiting Brickell Key to more than 800 vehicular trips, and the Brickell Key DRI Amendment will result in a reduction of approximately 18% in gross daily vehicular trips compared to the non-residential use program in the existing Brickell Key DRI, as set forth in Exhibit C; and WHEREAS, pursuant to §380.06(19)(e)(2)(k), Florida Statutes (2015), and confirmed by the Florida Department of Economic Opportunity (the "FDEO") in its letter dated July 22, 2015, attached City of Miami Page 1 of 4 File Id: 15-01219 (Version: 4) Printed On: 3/30/2018 File Number: 15-01219 Enactment Number: 13572 hereto as Exhibit D, the Brickell Key DRI Amendment is a non -substantial amendment which does not require the filing of a Notification of Proposed Change with the South Florida Regional Planning Council; and WHEREAS, the South Florida Regional Council found that the Brickell Key DRI Amendment does not create additional regional impacts, as set forth in Exhibit E; and 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 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 the Brickell Key DRI Amendment as hereinafter set forth; and WHEREAS, on October 22, 2015, the City Commission conducted an advertised public hearing pursuant to §380.06, Florida Statutes (2015); and WHEREAS, the City Commission considered the Brickell Key DRI Amendment, and each element required to be considered by §380.06, Florida Statutes (2015); and WHEREAS, the City Commission determined that all requirements of notice and legal requirements have been complied with for Brickell Key DRI Amendment; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to approve the Brickell Key DRI Amendment; and NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. It is found that the Brickell Key DRI Amendment 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 3.5 acre linear waterfront park and an additional 0.25 acre public park on Brickell Key, design and location to be determined by Swire, and: (a) Is requested and necessary due to planned development; (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 City of Miami Page 2 of 4 File Id: 15-01219 (Version: 4) Printed On: 3/30/2018 File Number: 15-01219 Enactment Number: 13572 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 "E"); (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; (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; and (i) A supplement graphic of the Brickell Key DRI Amendment is provided, as referenced herein (Exhibit "B"). Section 3. The Brickell Key DRI Amendment is approved as follows: (a) In lieu of a 3.5 acre public park on the western portion of Brickell Key, the applicant shall dedicate, develop, and perpetually maintain 3.5 acre linear waterfront park and an additional 0.25 acre public park on Brickell Key, design and location to be determined by Swire. (b) The dwelling units per acre for the Brickell Key DRI is increased from 73.6 to 85.03 dwelling units per acre, for an increase of 668 dwelling units to a total number of 3,743 dwelling units. (c) The non-residential uses are decreased by 676,116 square feet to 523,884 square feet. If Swire does not build the maximum 175,000 FAR SF of proposed non-residential uses, it may use the 175,000 FAR SF for residential uses so long as the PM peak hour trip limitation is not exceeded. Section 4. The City Commission, following a public hearing at which interested parties were given the opportunity to be heard, hereby finds that the Brickell Key DRI Amendment does not constitute a substantial deviation from the Brickell Key DRI. The City Commission also finds that the increase of 668 dwelling units, the development and maintenance of a 3.5 acre linear waterfront park and an additional 0.25 acre public park, and reduction of permitted non-residential floor area by 676,116 square feet, achieves the same 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. The remaining development capacity is as set forth in the August City of Miami Page 3 of 4 File Id: 15-01219 (Version: 4) Printed On: 3/30/2018 File Number: 15-01219 Enactment Number: 13572 24, 2015 letter from Irene S. Hegedus, Zoning Administrator, attached as Exhibit F. Section 5. It is hereby directed that certified copies of this Ordinance and copies of all exhibits, attachments, and written materials be immediately transmitted to the Florida Department of Economic Opportunity. Section 6. The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Amended Brickell Key DRI Development Order. Section 7. In the event that any portion or section of this Ordinance or the Amended Brickell Key DRI Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or the Amended Brickell Key DRI Development Order and shall remain in full force and effect. Section 8. This Ordinance may become effective upon adoption thereof pursuant and subject to Section 380.06(19)(e)(2)(k), Florida Statutes. 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. City of Miami Page 4 of 4 File Id: 15-01219 (Version: 4) Printed On: 3/30/2018