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HomeMy WebLinkAboutPZAB 09-29-15 Supporting DocumentationPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s) Purpose: Finding(s): Planning and Zoning Department: Planning, Zoning and Appeals Board: 15-01219 Quasi -Judicial 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. Approximately 750 Claughton Island Drive [Commissioner Marc David Sarnoff - District 2] Lucia A. Dougherty, Esquire, on behalf of Swire Jadeco LLC c/o Swire Properties This will amend Resolution No. 85-812 for the Brickell Key DRI Development Order. Recommended approval. September 29, 2015 ANALYSIS Amendment to Brickell Key DRI Development Order SUBJECT SITE: Brickell Key DRI, 750 Claughton Island Drive FILE ID: 15-01219 APPLICANT: Lucia Dougherty, Esq., on behalf of Swire Properties COMMISSION DISTRICT: District 2 NET OFFICE: Downtown TRANSECT ZONE: T6-36A-O, Brickell Key DRI REQUEST The subject application is for an amendment to the existing Brickell Key DRI Development Order, as amended via Resolution 85-812, to add planned development comprised of residential, hotel, and non- residential uses to be located on the south area at approximately 750 Claughton Island Drive on Biscayne Bay. The proposed amendment to the Brickell Key DRI would reduce the permitted non-residential floor area by 676,116 square feet and increase the number of residential units by 668, and would allow a 3.5-acre linear park on the island. The applicant received a letter from the Florida Department of Economic Opportunity (DEO) stating the proposed development would need local government approval for an amendment to the development order (Attachment "A"). The DEO issued a letter pursuant to Chapter 380.06(19)(e)(2)(k) that allows the applicant to submit a request for amendment to the Brickell Key DRI with the local government. BACKGROUND Pursuant to Resolution 75-135, the Brickell Key DRI Development Order was adopted February 12, 1975 in accordance with Florida Statute Chapter 380.06 and City of Miami Ordinance No. 8290 for the development of Claughton Island/ Brickell Key. State policies mandated for regional planning agencies to prepare impact reports for DRIs in adherence with the Environmental Land and Water Management Act of 1972. The Resolution was amended via 85-812, and two annex determinations from the state and City were issued in 2006 and 2009, respectively. The 2006 state determination did not object for the developer to amend the development order. The 2009 City determination by the zoning administrator stated the FAR calculations for Brickell Key to be consistent with Ordinance #11000, the applicable zoning code at the time. The South Florida Regional Council (SFRC) initially reviewed the Application for Development Approval in 1974 proposed by the developer and identified four major regional issues: (1) transportation, (2) conflict with development of the Miami Central Business District, (3) intensity of development, and (4) public facilities. The City of Miami City Commission held a public hearing for the proposal and the Development Order was enacted. The SFRC has issued a non -objection declaration letter to the subject development order amendment (Exhibit "C"). ANALYSIS • Uses Determination o The Zoning Administrator issued a determination in August 24, 2015 to recommend approval of the proposed amendment (Exhibit "B"). • Transportation Mitigation o Pursuant to the Brickell Key development order, the exiting PM peak hour vehicle shall be limited to 800. The City's transportation division had issued a previous recommendation for a Miami -Dade County traffic study to be included in the applicant's submittal. The applicant submitted a traffic study conducted by David Plummer & Associates. Two separate traffic counts were conducted Sept. 16, 2014 and Sept. 17, 2014. Results of the applicant's study (Exhibit "D") shows the PM peak hour outbound traffic was below 600 vehicular trips. • Public Park Mitigation o The development order refers to the public park area as a 3.5-acre park located on the west shore of the island. The applicant's submitted survey for this amendment illustrates the 3.5-acre park to encompass the west, north, and east baywalk areas of Brickell Key, thereby maintaining the intended 3.5-acre area requirement. • Affordable Housing o Via Resolution 85-812, an amendment was made to the development order to provide 225 units of moderate income affordable housing on the City's mainland in locations other than Overtown/Park West. Swire Properties paid two sums of $1.6 million, totaling $3.2 million, in an escrow agreement on February 26, 1986 to satisfy the affordable housing requirement. • City of Miami Comprehensive Neighborhood Plan o Emergency Management: The island is designated a special flood hazard area. Staff will work to amend the Comprehensive Plan, as applicable, to address contingency plans for emergency evacuation, being that there is a sole access for ingress and egress. DISCUSSION The Planning & Zoning Department has reviewed the subject request for the Brickell Key DRI amendment. Staff concurs with the applicant's proposal to complete development on the island and utilize the remaining development rights, pursuant to the current development order. The applicant has not proffered any covenants for the amendment request. Notices of this public meeting were mailed to property owners within 500 feet of the subject property and to registered homeowner associations on the island. As of September 21, 2015, staff had not received responses. RECOMMENDATION Based on the aforementioned findings, the Planning & Zoning Department is recommending APPROVAL of this amendment, as stipulated in the Zoning Administrator's determination letter, to the Brickell Key DRI Development Order, as presented. Christopt'ier Brimo, AICP Chief of Land Development M. Fernandez September21, 2015 BRICKELL KEY DRI 2 Rick Scott GOVERNOR Ms. Lucia Dougherty Shareholder Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Miami, Florida 33131 EXHIBIT "A" Letter from DEO DEQ FLORIDA DEPARYMENT! ECONOMIC OPFORTUNrTY July 22, 2015 RE: Brickeli Key Development of Regional Impact File No. ADA-11-74-090; Non -substantive Modification Dear Ms. Dougherty: Jesse Panuccio EXECUTIVE DIRECTOR In your letter ofJuly 17, 2015, you requested a determination whether a proposed change to the Claughton Island/Brickell Key Development of Regional Impact (DRI) may be reviewed and adopted as a non -substantial amendment to the development order (D.O.) without the need for submittal of a notification of proposed change (NOPC) pursuant to Section 380.06(19)(e)2,k., Florida Statutes (F.S.). The project is currently approved for up to 1,200,000 square feet of non-residential development of which no more than 150,000 square feet is allowed to be retail development. Residential development for the project is approved for up to 3,075 dwelling units. The development is further limited in the D.O. to no more than 800 exiting peak hour trips. The proposed change is to increase the number of approved dwelling units from 3,075 to 3,735, an increase of 660 dwelling units. The amount of non-residential square feet is proposed to be reduced from 1,200,000 square feet to 523,902 square feet. The approved retail square footage along with the limit on the number of exiting peak hour trips is not proposed to change. For the purpose of determining the number of dwelling units, hotel rooms are counted by the City of Miami as dwelling units at a ratio of two rooms to one dwelling unit. The hotel use will not be considered toward the non-residential uses. The amount of open space and conserved areas approved In the development order will not be reduced. Section 38006(19)(e)2.k, F.S. states that changes that do not increase the number of external peak hour trips and do not reduce open space and conserved areas within the project are not substantial deviations. The Department concurs that the change In development rights as described above are eligible for consideration as a Section 380.06(19)(e)2.k, F.S. amendment. I•lnrid l I hpartnwat nl I , rm,.mie t )1,1ucnutit, t.ul,lac11 !Wilding In7 1.. 1hdj,on teccr 'I II,h., cc, 17. 323'l9 rir,G I'I..\.23-15 R l 215.710; HSt).921 3223I.nt *VW.Our tsl:uob,.tog WWW.Iwutcr.cr'In; 1.1J)1•,ti wv' ficcb'Ok.C,,n1 I')DI'() BRICKELL KEY DRI 3 Ms. Lucia Doherty July 22, 2015 Page 2 of 2 Therefore, pursuant to Section 380.06(19)(e)2.k., F.S., If the City of Miami approves the change it will not require the filing of a NOPC. The City must render the amended Development Order to the Department once it is adopted. Thank you for the opportunity to review this proposed change. If you have any questions, please contact James Stansbury, at (850)717-8512 or via e-mail at James.Stansburv@deo.myflorida.com. Sincerely, Ana Richmond, Chief Bureau of Community Planning AR/Js cc: Mireidy Fernandez, Planning and Zoning Department, City of Miami Jim Murley, Executive Director, South.Florida Regional Planning Council BRICKELL KEY DRI 4 EXHIBIT "B" Letter from Zoning Administrator (fits of scums DANIEL I. ALFONSO City Manager August 24, 2015 Ms. Lucia Dougherty, Esq. Greenberg Traurig 333 SE 2 Avenue, 40111 Floor Miami, FL 3313 I Re: Confirmation of Completed Development and Remaining Development Rights on Brickell Key Amended Letter Dear Ms. Dougherty, In response to your request for a determination of the remaining development capacity for Brickell Key, I have reviewed your July 17, 2015 letter and back up documentation including: the 1975 Development Order and the 1985 Amendment to the Development Order; the Agreement relating to the compliance with the low-income housing requirements; a previous Zoning Administrator's Substantial in Compliance Detennination dated December 3, 2009 and the determination made by a prior Zoning Administrator, dated August 8. 2005 regarding the calculation of available FAR based on Ordinance #11,000; and the certification of completed development and remaining development rights prepared by Thomas & Evelyn Architects, dated July 15, 2015, as well as the supported documentation attached therein. By way of background, Brickell Key was originally approved pursuant to Florida Statutes Chapter 380 as a Development of Regional Impact ("DRI"), on February 12, 1975, the City of Miami City Commission approved the DRI Development Order pursuant to resolution 75-126. On July 25, 1985, the DRi Development Order was subsequently amended regarding the low-income housing requirement. The original Development Order sets a Floor Area Ratio ("FAR") of 3.24, and permits a development of up to 5,905,000 square feet, of which 1,200,000 square feet may be for Non -Residential use (including 150,000 square feet of retail use), Additionally, the Development Order permits a total of 3,075 Dwelling Units. These calculations assumed an area for the island of41.8 acres, On July 18, 2006, the Department of Community Affairs confirmed their non -objection to a correction of the Development Order, which the Planing Director determined was in substantial compliance with the Development Order, amending the Order to reflect a total of 44.01 acres for PLANNING AND ZONING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floors Miami, Florida 33130 / Phone 1305) 41 b-1400 Fax (3051416.2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 BRICKELL KEY DRI 5 Ms. Lucia Dougherty, Esq. Confirmation of Completed Development & Remaining Development Rights on Brickell Key Amended Letter August 24, 2015 Page 2 of 2 the Brickell Key Island. Correspondingly, the Department of Community Affairs stated that the equivalent square footage would be 6,211,325 square feet, subject to the other limitations set forth in the Development Order. Based on these documents, I conclude that the completed development of Brickell Key consists of: 5,310,336 FAR square feet (including 348,884 square feet ofnon-residential), 2,929 residential units, and 329 hotel units (totaling 3,093 residential units). The remaining development capacity on Brickell Key is 900,989 FAR square feet and 0 residential and hotel units. The remaining non- residential allowed is limited by the total development capacity of the island in so much as there is a maximum of 1,200,000 square feet, The determination made by Mr. Orlando Toledo in 2005 and the reiteration of the determination by subsequent Zoning Administrator, Lourdes Slazyk in 2009, stating that the calculation of FAR is based on Ordinance #11,000, is still in effect. The above determination of the remaining FAR is based on the signed and sealed calculations by Thomas & Evelyn Architects using the permissible #11.000 FAR reductions, It should be noted that whether the remaining development capacity is residential of Non - Residential, the Development order restricts the total amount of existing peak hour traffic for Brickell Key to 800 vehicular trips. My analysis is limited to development capacity. The Planning Department will make reconunendations regarding the proposed amendment to the Development Order based on other criteria. Please refer to the attached spreadsheet as it contains calculations regarding the information contained in this letter, Should you require additional information please feel free to contact me at (305) 416-1499. Sincer Ire S. Hegedus, AI ACHA Zo'rig Administrator cc: Francisco J. Garcia, Director of Planning & Zoning BRICKELL KEY DRI 6 BRICKELL KEY CALCULATIONS - FAR RESIDENTIAL OFFICE RETAII RESTAURANT PROPOSED EXISTING 650 3093 100,000.00 324,602.00 50,000.00 20,979.00 25,000.00 3,303.00 175,000.00 348,884,00 ALLOWED 3075 1,200,000.00 PROPOSED TOTAL 3743 424,602.00 70,979.00 28,303.00 523,884.00 Net Area 44.01 FAR 3.24 Total FAR used Total FAR Remaining 6,211,32S 3,310,336 900,969 NON RESIDENTIAL RESIDENTIAL USE 1,200,000.00 (including 150,000 retail use) 3075 ALLOWED EXISTING REMAINING PROPOSED TOTAL LEFT NON RESIDENTIAL 1,200,000.00 348,884.00 851,116.00 175,000.00 676,116.60 RESIDENTIAL 3075 3093 -18 650 668 RESIDENTIAL SF LEFT TOTAL FAR REMAINING 5,011,325 4,961,452 49,873 Total FAR - 1,200,000 Used FAR -existing Total FAR - non-residential Non-residential remaining 725,989 668 1087 Taal non-resi left+ Proposed number of Average area Total resi left of units per unit 900,989 BRICKELL KEY DRI 7 BRICKELL KEY CALCULATIONS - FAR OVERALL ISLAND FAR SF ALLOWED ACRE FAR TOTAL FAR 44.01 3.24 6,211,325 OVERALL ISLAND FAR USED SF 5,310,336 TOTAL REMAINING FAR SF 900,989 OVERALL ISLAND ALLOWED SF PER USE NON-RESI 1,200,000 REST USE 5,011,325 OVERALL ISLAND USED PER SF NON -REST 348,884 RESI USE 4,961,452 NON-RESI SF LEFT 851,116 RESI SF LEFT 49,873 TOTAL SF LEFT 900,989 er signed and sealed calculations by architect atol allowed FAR -total used FAR Per development agreement Total allowed FAR -total allowed non-residential FAR (6,21 1,325-1,200,000) xlsting noon-reslential development oral FAR used - Non-residential FAR used (5,310,336.348,884) PROPOSED NON-RESI USE 175,000 NON RESI TO BE DEVELOPED AFTER PROPOSED NON-RESI LEFT 676,1 16 TO BE CONVERTED TO RESI RESI SF LEFT 49,873 TOTAL 725,989 TOTAL RESI TO BE DEVELOPED UNITS 3,075 MAX 2,921 UNITS USED 329 HOTEL/UNITS USED TOTAL 3,093 DIFFERENCE -18 AMENDMENT 725,989 TOTAL RESI TO BE DEVELOPED 668 UNITS PROPOSED 1,086.81 AVG UNIT AREA BRICKELL KEY DRI 8 EXHIBIT "C" Letter from SFRC RC September 09, 2015 Ms -Lucia Dougherty Greenberg Traurig, P.A. 333 SE 2nd Avenue, Suite 4400 Miami, Florida 33131 Re: Brickell Key DRI Dear Ms. Dougherty: Staff of the South Florida Regional Council (SFRC) has reviewed the application to amend the Development Order for Brickell Key Development of Regional Impact (DRI) received August 31, 2015. This letter is to inform you that we find the proposal does not create additional regional impacts. The SFRC has no objection to the amendment. Should you have any questions, please do not hesitate to contact me. Sincerely, James F. Murley Executive Director JFM/im cc: Mireidy Fernandez, Planner, City of Miami Ray Eubanks - DEO Bureau of Comprehensive Planning BRICKELL KEY DRI 9 EXHIBIT "D" Traffic Study — David Plummer & Associates DAVID PLUMMER & ASSOCIATES /50 PONCE, DE LEON 0CULEVARO, CORAL GABLES, FLORIDA 33134 305 447-0900 • FAX: 305444.4986 • EMAIL DPA@DPLUMMER.COM August 25, 2015 Mr. Chris Gandolfo Senior Vice President Swire Properties, Inc. 501 Brickell Key Drive, Suite 600 Miami, FL 33131 (305) 371-3877 hlenard0,, swirenrops. com Re: Brickell Key Traffic Evaluation -#14221 Dear Chris, The purpose of this letter is to document the proposed pm peak hour vehicular traffic exiting Brickell Key on a typical weekday for a new development program. Further, this letter will cotnparc the vehicular trips from the proposed development program to the maximum non- residential development allowed in the development order. The proposed development program includes the following: • 650 DUs of residential condominium • 100,000 sf of office • 50,000 sf of retail • 25,000 sf of restaurant A development order (DO) with the South Florida Regional Planning Council and the city of Miami limits the exiting traffic volume from Brickell Key during the weekday pm peak hour at 800 vehicular trips. The DO also limits the non-residential uses to 1,200,000 st, of which 150,000 sf can be retail. The inbound and outbound traffic counts were taken at the Brickell Key Bridge on Tuesday, September 16, 2014 and on Wednesday, September 17, 2014 (see Appendix A for traffic counts). CORAL GABLES • FORT MYERS BRICKELL KEY DRI 10 Mr. Chris Gandolfo Re: Brickell Key Traffic Evaluation - #14221 Page 2 of 4 A summary of the traffic count data during the pm peak hour for the vehicular trips exiting Brickell Key is shown in Exhibit 1, Exhibit 1 — Brickell Key Bridge Traffic Counts Count Date PM Peak Flour Outbound Tuesday, 9/ 16/ 14 563 Wednesday, 9/17/14 569 Two-day Average 566 Based on the traffic counts, the current exiting traffic volume from Brickell Key during the weekday pm peak hour does not exceed the 800 vehicular trips threshold. There are 234 exiting weekday pm peak hour vehicular trips left before reaching the threshold. Currently, Briekell Key has the following land uses and intensities on site: • 3,093 DUs of residential condominium) • 324,620 sf of office • 20,979 sf of retail • 3,303 sf of restaurant The city of Miami converts the 329 room hotel to 164 DUs of residential condominium The Institute of Transportation Engineers (ITE) recognizes that data obtained to establish trip generation rates and/or equations is collected at single -use, free-standing sites, and that mixed - use developments, like Brickell Key, provide a potential for interaction of trips within the site, which must be accounted for separately. ITEs Trip Generation Handbook provides guidelines for establishing theoretical internal capture for mixed -use developments. Brickell Key is a unique mixed -use development as there is only one access point to the mainland via the Brickell Key Bridge. Therefore, actual internal capture rates can be calculated using ITEs trip generation rates/equations and existing traffic count data. These calculations were undertaken and are shown on Exhibit 2. See Appendix B for trip generation worksheets. dpe BRICKELL KEY DRI 11 Mr. Chris Gandolfo Re: Brickell Key Traffic Evaluation - 014221 Page 3 of 4 Exhibit 2 - Trip Generation Calculations Daily AM Peak dour PM Peak Hour ,-- In Out 1 Tate, In ( Out .I Total Existing Traffic Counts on the Brickell Key Bridge Tuesday, 9/16/14 14,938 496 682 1,178 652 563 1,215 Wednesday, 9/17/14 14,742 548 684 1,232 562 569 1,131 AVERAGE 14,840 522 683 1,205 607 566 1,173 ITE Gross Trip Generation for the Existing Uses Residential Condominium 2,929 DUs 12,145 131 639 770 642 317 959 Hotel' 329 Rooms 2,688 102 72 174 102 95 197 Office 324,620SF 3,213 432 59 491 75 367 442 Specialty Retail 20,979SF 930 0 0 0 25 32 57 High Turnover Restaurant 3,303 SF 420 20 16 36 20 13 33 TOTAL 19,396 685 786 1,471 864 824 1,688 % INTERNAL CAPTURE 23% 24% 1 13% 18% 1 30% 31% 31% ITE Gross Trip Generation for the Existing & Proposed Uses Residential Condominium 3,579 DUs 14,456 154 749 903 757 373 1,130 Hotel' 329 Rooms 2,688 102 72 174 102 95 197 Office 424,620SF 3,940 535 73 608 94 460 554 Specialty Retail 70,979 SF 3,146 0 0 0 84 108 192 High Turnover Restaurant 3,303 SF 420 20 16 36 20 13 33 High Turnover Restaurant 10,000SF 1,272 60 48 108 59 40 99 Quality Restaurant 15,000SF 1,349 0 0 0 75 37 112 TOTAL 27,271 871 958 1,829 1,191 1,126 2,317 INTERNAL CAPTURE2 -6,272 -207 -125 -331 -354 -352 -706 External Vehicular Trips 20,999 664 833 1,498 837 774 1,611 ITE Gross Trip Generation for the Existing & Maximum Approved (DO) Uses Residential Condominium 2,929 DUs 12,145 131 639 770 642 317 959 Hotel' 329 Rooms 2,688 102 72 174 102 95 197 Office 1,050,000 SF 7,840 1,105 150 1,255 213 1,041 1,254 Specialty Retail 90,000SF 3,989 0 0 0 107 137 244 High Turnover Restaurant 30,000 SF 3,815 179 145 324 177 118 296 Quality Restaurant 30,000SF 2,699 0 0 0 151 74 225 TOTAL 33,175 1,517 1,006 2,523 1,392 1,782 3,175 INTERNAL CAPTURE2 -7,793 -361 -132 -456 -414 -558 -969 External Vehicular Trips 25,382 1,156 874 2,067 978 1,225 2,206 1 For analysis purposes, the 329 room hotel was not converted to 164 DUs of residential condominium. 2 Based on the calculated internal capture percentage. BRICKELL KEY DRI 12 Mr. Chris Gandolfo Re: Brickell Kay Traffic Evaluation -#14221 Page 4 of 4 By adding vehicular trips from the proposed additional development to Brickell Key, the future with project exiting traffic volume during the weekday pm peak hour is not expected to exceed the 800 vehicular trips threshold. This analysis shows there will be 26 exiting pm peak hour vehicular trips left under the threshold (800 - 774 = 26) with the proposed additional development. Exhibit 2 also shows the proposed development program generates 27,271 gross daily vehicular trips (per ITEs Trip Generation Handbook) while the maximum allowed non-residential uses (1.2M sf) program generates 33,175 gross daily vehicular trips. The proposed plan generates approximately 18% less gross daily vehicular trips compared to the maximum allowable non- residential uses program. Please call me at (305) 447-0900 if you have any questions or need any further information. Sincerely Tin othy J. P President er, PE Appendices Brickell Key Traffic Evaluation August 2015_REV.docx BRICKELL KEY DRI 13 GT GreenbergTraurig VIA Hand Delivery Mr. Francisco Garcia Planning Director City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 flECEIVED PLANN'!--' , nrpARTMEMr August 25, 2015 tt{{�� Lucia A. Dougherty no At vs fit i tU' Fax(305)961-5733 doughertyj@gtlaw.com gtlaw.com 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 GREENBERG TRAURIG, P.A. ® ATTORNEYS AT LAW • WWW.GTLAW.COM 333 S.E. 2nd Avenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 August 25, 2015 Page 2 Additionally, Swire seeks to amend the Development order to permit the 3.5 acre park to be a linear waterfront park that is a more useable and valued space than a static park. The e2k statute allows an amendment to and existing DRI upon satisfying these requirements. A. The proposed Program does not increase the number of external peak hour trips. For your consideration, we have included a traffic analysis prepared by David Plummer & Associates that indicates that the PM Peak hour Restriction of 800 exiting trips will not be exceeded if the above referenced Program is permitted, see attached Exhibit "6". The traffic engineer also compared the allowable uses under the DO with a new Program and both the AM 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 requires Brickell Key Island to provide a dedicated 3.5 acre open space park. Attached please find Survey prepared by Fortin, Leavy, Skiles and dated June 15, 2015 which depicts the current linear park of 3.4962 acres. see attached Exhibit "7". Upon final build out, a minimum of 3.5 acres will be provided With regards to the remaining development on Brickell Key Island, Thomas & Evelyn Architects prepared a detailed calculation of remaining development capacity for Non -Residential and Residential uses. At present, 5,310,336 FAR square feet has been developed, out of 6,211,325 available FAR square feet. The Program would utilize the 900,989 FAR square feet remaining under the Development Order. This amount was confirmed by Irene Hedegus in the attached letter dated August 12, 2015. See Exhibit "8"" In summary there is: (a) There is 900,989 Square Feet remaining under the Development Order. (b) The entire remaining Square Feet may be a Non -Residential use (with a limitation of 150,000 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 as a point of interest Thomas & Evelyn also calculated for your review a comparison of this request and what would be permitted under Miami 21, attached Exhibit "9". Please note that Miami 21 would permit 6,602 Residential units and 23,009,246 gross square feet without bonuses and 29,912,020 gross square feet with bonuses. By comparison the proposed amendment allowing the Program would permit a total of 3,735 units and a maximum of 8,211,325 FAR square feet. S incerely, Lucia A. • +gherty, Esq. MIA 184802851v1 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Lucia A. Dougherty, Esquire , who being by me first deposes and says: 1. 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 Miami, 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 a classification or regulation of zoning as set out in the foregoing petition, X including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Lucia A. Dougherty, Esquire Applicant(s) Name Applicant(Sigriature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE � ,� The foregoing was acknowledged before me this a? day of � ' '/-%)/t 20 15 , by Lucia A. Dougherty, Esquire who is a(n) individual/partner/agent/corporation of _ a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature G/ MARISO. Tr: No' Puri. Rev. 07-2013 4 MIA 184812365v1 L APPEARANCE APPLICATION DISCLOSURE OF OWNERSHIP List. ttie owners) 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 {i.} ';(, C (ci C hCtrt or I i sir Subject Property Address(es) 750 Claughton 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. NNE" Street Address(es): �\ 1 Gont oifo Legal Description(s): Owner(s) or Attorney Name Owner(s) o` r Attomey Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of PCVA, 20 i 5 , by i' il Y4', ea N ct,r 1 V ( lb J who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is per os nally known to me or who has produced as identification and who did (did not) take an oath. :( <6_, :4 f_A_QL_J (Stamp) Signature ERIKA D. TEJEDA •.= MY COMMISSION # FF 024278 EXPIRES: July 6, 2017 ''• Bonded Thru Notary Public Underwriters Rev. 07-2013 5 MIA 184657346v1 Swire Jadeco LLC Ownership Swire Pacific Limited Swire Properties Limited Swire Properties US Inc (US) Swire Properties Inc (US) Swire Carbonell LLC Publicly -traded in Hong Kong Publicly -traded in Hong Kong Swire JadeCo LLC -`411.- .411 SWIRE PACIFIC SWIRE 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 SWIRE, 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 FRESHWATER, Timothy George C JOHANSEN, Peter Andre M M LEE, Chien M C LEE, Wai Mun Rose M Notes: C committee chairman M committee member 21 st August 2015 Property Search Application - Miami -Dade County Page 1 of 1 4.# orri r r Ir "'Qs. 4i.va 4 Summary Report Property Information Folio: 01-4207-003-0020 Property Address: Owner SW1RE JADECO LLC C/O SVV1RE PROPERTIES INC Mailing Address 501 BRICKELL KEY DR STE 600 MIAMI , FL 33131 Primary Zone 6405 CEN HIGH DNSTY BORDERS CB Primary Land Use 0081 VACANT RESIDENTIAL VACANT LAND 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 Lot Size 105,372 Sq.Ft Year Built ssment Information _.... Year 2014 2013 2012 Land Value $19,757,250 $10,010,340 810,010,340 Building Value $0 $0 $0 'XF Value $0 $0 $0 Market Value $19,757,250 $10,010,340 $10,010,340 Assessed Value $11,011,374 $10,010,340 $10,010,340 Benefits Information Benefit Type 2014 2013 2012 Non -Homestead Cap Assessment Reduction $8,745,876 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description BRICKELL KEY ON CLAUGHTON ISLAND PB 153-58 \SECTION FIVE T-20151 TR K LOT SIZE 2 419 AC M/L FAU 01-4206-054-0030 & Generated On : 3/12/2015 Taxable Value Information 2014 20131 2012 County Exemption Value $0 $0 $0 Taxable Value $11,011,374 $10,010,340 $10,010,340 School Board Exemption Value $0 $0 $0 Taxable Value $19,757,250 $10,010,340 $10,010,340 City Exemption Value $0 $0 $0 Taxable Value $11,011,374 $10,010,340 $10,010,340 Regional Exemption Value $0 $0 $0 Taxable Value $11,011,374 $10,010,340 $10,010,340 Sales Information Previous Sale Price OR Book - Page Qualification Description 12/16/2005 $0 29268-0046 Qual by exam of deed 01/01/1997 $10,780,000 17498-1599 Qual by verifiable & documented evidence ThP "lice 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 a' ni-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp xsion: http://www.miamidade.gov/propertysearch/ 3/12/2015 Page 1 of 1 Property Search Application - Miami -Dade County glow* OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-4206-051-0010 Property Address: 898 BRICKELL KEY BLVD 900 BRICKELL KEY BLVD Owner SWIRE PACIFIC HOLDINGS INC Mailing Address 501 BRICKELL KEY DR #600 MIAMI , FL 33131 Primary Zone 6405 CEN HIGH DNSTY BORDERS CB Primary Land Use 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 Lot Size 81,881 Sq.Ft Year Built 0 assment Information Year 2014 2013 2012 Land Value $100 $100 $100 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $100 $100 $100 Assessed Value $100 $100 $100 Benefits Information Benefit Type 2014 2013 2012 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description Generated On : 3/12/2015 Taxable Value Information 2014 20131 2012 County Exemption Value $0 $0 $0 Taxable Value $100 $100 $100 School Board Exemption Value $0 $0 $0 Taxable Value $100 $100 $100 City Exemption Value $0 $0 $0 Taxable Value $100 $100 $100 Regional Exemption Value $0 $0 $0 Taxable Value $100 $100 $100 Sales Information 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 any "iami-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp http://www.miamidade.gov/propertysearch/ 3/12/2015 EXHIBIT 2 Pick Scott FLORIDAoEpARrMENTe sCOmOM|CopPORrumny july 22,201 Ms. Lucia Dougherty Shareholder Greenberg Trauhg,P.A. 33BS.E.IndAvenue Miami, Florida 33131 RE: BrickeUKey DevelopmentofRegional Impact File No. ADA-l1-7m4-D9O Non -substantive Modification Dear Ms. Dougherty: xsae Panuccio EXECUTIVE DIRECTOR !nyour letter ofJuly 17, 2OlS,you requested odetermination whether aproposed change tnthe [1auahton|s|and/BdokeUKey Development ofRegional |mnpact/DRUmnaybe reviewed and adopted as a non -substantial amendment to the development order (D.O.) without the need for submittal of a notification of proposed change (NOPC) pursuant to Section 380.06(19)(e)2,k, Florida Statutes /F.Sl ' The project is currently approved for up to 1,200,000 square feet of non-residential development of which no more than 150,000 square feet is allowed to be retail development. Residential development for the project isapprovedforupto3,O75doxe||ing units. The development is further limited in the D.O. to no more than 800 exiting peak hour trips. The proposed change is to increase the number of approved dwelling units from 3,075 to 3,735,an increase of6GDdwelling units. Theamount ofnon-residential square feet isproposed tobereduced from 1,2DO,OOOsquare feet toSI3,9O2square feet. The approved retail square footage along with the limit on the number of exiting peak hour trips is not proposed to change. For the purpose of determining the number of dwelling units, hotel rooms are counted bythe City mfMiami asdwelling units ata ratio oftwo rooms toone dwelling unit. The hotel use will not beconsidered toward the 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 do not reduce open space and conserved areas within the project are not substantial deviations. The Department concurs that the change in development rights as described above are eligible for consideration as Section 380.06(19)(e)2.k, F.S. amendment. 1�hh�*c 0.351399 m*.n'\,z»is 830.245.71n9'8s0»21,322m^ w°w.O.^�^.ap^� Ms. Lucia Doherty July Z2,ZO1S Page 2 of 2 Therefore, pursuant to Section 380.06(19)(e)2.k., F.S., if the City of Miami approves the change it will not require the filing of a NOPC. The City must render the amended Development Order tothe Department once itisadopted. Thank you for the opportunity to review this proposed change. if you have any questions, please contact James Stansbury, at (850)717-8512 or via e-mail at jameo.Stansbury@dep.nnyflorida.conn. Ana Richmond, Chief Bureau of Community Planning cc: K8ireidyFernandez Planning and Zoning Department, City ofMiami FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY The Caldwell Building 1107 E. Madison Street I Tallahassee, Florida 32399 FloridaJobs.org Ms. Lucia Dougherty, Shareholder Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Miami, Florida 33131 ••••••••-• ••••• • mrt ij1ilJ!I;)jjjjjIjJijjuI a' EXHIBIT 3 E:XH1 IT "A DEVZLOPMENT 0RDER Let .it be known that pursuant 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 apartments, hotels, office buildings and in the city of Miami beginning in 1975. Pursuant to Section 380.06 and after due 'of the consistency of this development with the regional report this body tools the following Approval of this development subject to the following ditions: INTENSITY,OF bEVELOr''t4FNT complex of stores to be located consideration - regulations, and action: con - The South Florida Regional Planning Council found that.a floor area ratio of 3.24 with bonuses to 3,79 1. was excessive. 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 easement and dedication of 3.5 acres for public park. The Planning. Advisory Board has recommended a floor area ratio of 2.5 which would permit 4,553,907 square feet of development. The Planning Advisory Board further recommended that a floor area ratio of 3.24 which would permit a development of 5,905,000 square feet would be appropriate if the developer dedicates, develops and perpetually maintains a 3.5 acre public park on the west shore of the Island. The Commission finds that the recommendations of the Pl;inning Advisory Hoard ars appropriate for Claughton Island. The Planning 2. The developer has requested 73.6 dwelling units per acre or a total number of 3,075. The South Florida Regional Planning Council, has made no recommenlation 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, 011-RESIDEL4TIAL 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 The Sot*th'Florida Regional Planning Council use. found that the request would impede the development of the Central Business District as a major urban center. The developers request before the Planning Advisory Board and The City Commieaien 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 squgre for retail use. The Planning Advisory Board.has recommended a total non-residential area retie of 1,138,477 squgre feet. The City.Conmission finds that a total non-residential floor area of 1,200,000 will be appropriate for Claughton Island.( NO 1-AOR.i.. "["WN cQtCFO 4Q.Fr. OF RETAIL U .E) �9 C PERMITTED USES 4. The City of Miami Planning Department and Planning Advisory Board have recommended that the following uses be permitted on Claughton rsland: 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 Club, Package Liquor Store, Restaurants, 'Tea Rooms or Cafes, Sporting Goods, theater, Private Club or Lodge and other similar uses not operated for profit, duplicating center not including typesetting and letter press, Parking Lots as temporary uses during construction only, Food, bleat or Vegetable. Market, facilities for dis- pensing gasoline, motor oil and incidental automotive services enclosed as a portion of a parking facility With no exterior advertising. The developer requests the following addiional uses - carpet, rug and floor covering store; drive-in tellers; -home appliance store; and furniture store. The South Florida Regional Planning Council found that the project as presented by the de- veloper would be too chmpetiti.ve 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. TY?A�75,PORT*Trot 5. The South Florida Regional Planning Council found that there would be a:negative impact on the traffic conditions at the intersections of Brickell Avenue and S.E. 7th and S.E. 8th Streets. The City of Miami Planning Department and the City of Miami Planning Advisory Beard have determined that due to the possible negative impact, .axitina nenk DM hn..... . __ 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 exceeded, a traffic survey by the Dade County Department of Traffic and Trans-. portation 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 traffic will 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 has 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 the Planning Advisory Boardthatthe rental for these units would be approximately $300 per month. The Planning Advisory Hoard 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 develop- ers shall 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. 4. A3.7 7. The -Urban Development Review Board has recommended that the developer provide additional visual vistas through the Island from the mainland. The Planning Advisory Board concurs with this recommendation. The Planning Department has 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. 8. All Other portions of -the development plan as presented by the developer are hereby ratified and approved subiect to the limitations of the SPD-1 DISTRICT and the application for develcomen,t as approved by the City Commission. 9. The-South'Florida Regional Planning Council shall be furnished with all proposals and 'updates of the application for the development of regional impact. Copies of this Order are to be sent immediately to the Division of State Planning, Department of Administra- tion, 725 S. 3ronou,*h, Tallahassee, Florida; to the South Florida Regional Planning Council, 1515 N,W. 167 Street, Suite 429,'Miami, Florida; to Edward N. Clauehton, Jr., 34 S.C. Second Avenue, Miami, Florida; and to Prates Properties, Inc., c/o Day, Davies and Poet Sapp Skelly 5. A3.R / ( \ ' ' / ' East, Tulsa otiwhoma ' "°uGve and 4 MAYbR CITY LERK ' ` 6. COMMISSIONER ------------- ~ . .a"r J-85-748 8/13/85 RESOLUTION NO. 85-812 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 MAY 14, 1975, BETWEEN CLAUGHTON ISLAND INVESTORS AND THE CITY OF MIAMI IN REFERENCE TO LOW 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. WHEREAS, the Miami Planning Advisory Board, at its meeting of July 10, 1985, Item 2, following an advertised hearing, adopted Resolution No. PAS 43-85, by a 7 to 1 vote recommending that the City Commission find that the proposed amendments to 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 Wand project, a Development of Regional Impact to be located on Claughton Island, being All of BRICKELL KEY ON CLAUGHTON ISLAND "SECTION ONE" (113.18)1 All of BRICKELL KEY ON CLAUGHTON ISLAND "SECTION TWO" (118-47); All of BRICKELL 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 CITY COMMISSION MEETING OP JUL 25 1985 WHEREAS, the City of Miami Commission has passed a motion Of intent, being Motion 85-340; March 28, 1985, expressing 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 particularl: "6. The South. Florida Regional Planning Council has found a complete lack of medium and moderate it come 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 a) 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: (with future rents being sub'ect to the Consumer Price Index), or b) rovide not less than two hundred and twent -five (225) ) units of moderate income affordable housin distributed anion two separate sites of the Cit other than the Overtown/Parkwest areas; further, sti ulatin that the developers shall select the aformentioned sites and return to the Cit Commission rior to commencin construction, for review and a roval of said site selection not more than six months from the date of Resolution No. 85-812, or January 25 1986; further, sti ulatin that under either o tion the units shall be com feted and ready for occu anc within 18 months. The Cit will not acce t money in lieu of construction. * * 1t Section 2. The City Manager is hereby authorized and directed to amend the following agreements which 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 8. 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 -3- assure that a) a minimum of 200 units of low- income housing as defined therein shall be provided with -in 10 yearn and forty four days, o� by March 28, 1035, as an integral part of the overall development scheme of Claughton Island with future rents being subject to the Consumer Price Index), or b) shall provide not less than two hundred and twenty-five (225L units of moderate income affordable housing equally distributed among two separate sites of the City other than the Overtown/Parkwestareas; further, stipulating that the developer shall select the aformentioned sites and return to the City Commission prior to commencing construction, for review and approval of the site selection, not more than six months from the date of Resolution No. 85-812, or January 25, 1986; further, stipulating that under either option the units shall be completed and ready for occupancy by the time certain as required by the Development Order 'as amended. Amendment: AMENDMENT I "MEMORANDUM OF UNDERSTANDING BETWEEN CLAUGHTON ISLAND INVESTORS AND THE CITY OF MIAMI IN RE LOW INCOME OR MODERATE INCOME AFFORDABLE HOUSING * * 1. The Investors shall provide a) not less than 200 units of low-income housing as hereinafter defined „a --mot 2, 1985. 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 be provided by the Developer at such, -4- times, and in such numbers and in such manner as the Investors desire, consistent with the Development Order-- or b) shall provide not less than two hundred and twenty-five (225) units of moderate income affordable housing distributed among two separate sites of the City other than the Overtown/Parkwest areas; further, stipulating that the developer shall select the aformentioned sites and return to the City Commission prior to commencing construction, for review and approval of the site selection, not more than six months from the date of Resolution No. 85-812, or January 25, 1986; further, stipulating that under either option the units shall be completed and ready for occupancy by the time certain as required by the Development 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 shall 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 do the option selected, are completed and available for occupancy by rcbruary 12, 1985. 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. Section 3. The City Commission, following a public hearing at which interested parties were given the opportunity to -5- 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 on 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 33821; 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 , 1985. TEST: R G. ONGIE ity Clerk PREPARED AND APPROVED BY: J EL E. MAXWE; ssistant City APPROVE Maurice A. Ferre MAURICE A. FERRE, Mayor Attorney FORM AND CORRECTNESS: LUCIA A. DOUtEERTY City Attorne JEM/wpc/pb/B087 STATE OF FLORIDA COUNTY OF DARE CITY OF MIAMI ) .) ) I, RALPH G. ONGIE, Clerk of the City of Miati, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages 1 through g� 6 , inclusive, contain a true and correct copy of a resolution adopted by the City of Miami Commission at a meeting held on the 25th .day of JULY , 19 85 . SAID RESOLUTION WAS DESIGNATED RESOLUTION NO. 85_812 IN WITNESS WHEREOF, i hereunto set my hand and impress the official seal of the City of Miami, Florida, this l4th day of AUGUST , 1985 ( S E A L ) RALPH G. ONGIE CITY CLERK CITY OF MIAMI BY: ,{ ,V/. ` lvia 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 TLDC 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- r 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 - 3 - 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- Otis Pitt Attest:" i{ ear,.- /1 Secret'ary JoAnn J.,Perry j / SWIRE BISCAYNE INC 777 Brickell Avenue, Suite 902 Miami, Florida 33131 Attest: ent - Stepehn L. Owens Secretary Gregg E. Toland HOMES FOR SOUTH FLORIDA, INC. Address:1 S.E. Financial Center-16th F1. Miami, Florida 33131 arl Palmer Attest: _Afro )2Ycr i` ecretary Douglas B - 6 - 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 OD. ASKEW KERRI L. SARSH HILARIE BASS ALYSSA M. BAUMGARTEN RICHARD 0, BAxTER NORMAN J. BENFORD SCOTT M. BERNSTEIN MARK O. BLOOM BURT 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 0. DE CARLO OSCAR G. DE LA GUARDIA ALAN T. DIMOND CHARLES W. EDGAR, III GARY M. EPSTEIN THOMAS K. EOUELS DIANE D. FERRARO LAURA A. GANGEMI RICHARD G. GARRETT BRIAN K. GART DAVID J. GAYNOR LAWRENCE GODOFSKY ALAN S. GOLD HARVEY A. GOLDMAN STEVEN E. GOLDMAN STEVEN M. GOLDSMITH MATTHEW B. GORSON DIANNE GREENBERG MELVIN N. GREENBERG MARILYN O. GREEN BLATT ROBERT L. GROSSMAN KENNETH C. HOFFMAN LARRY J. HOFFMAN MARCOS D. JIMENEZ MARTIN KALB ROBERT A. KAPLAN JOEL J. KARR JUDITH KENNEY TIMOTHY E. KISH ALAN B. KOSLOW STEVEN J. KRAVITZ STEVEN A. LANOY ALLEN P. LANGJAHR ALAN 5. LEDERMAN JEFFREY A, LEVEY LAWRENCE B. LEVY NORMAN H. LIPOFF CARLOS E. LOUMIET 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 e DEBBIE M. ORS HEFSKY MARK A. PACHMAN STEVAN J. PARDO OLGA PARRA MARSHALL R, PASTERNACK BYRON G. PETERSEN ALBERT D. OUENTEL JOEL REINSTEIN MARK J. REISMAN LUIS REITER NICHOLAS ROCKWELL RAQUEL A. RODRIGUEZ MARVIN S. ROSEN RICHARD A. ROSENBAUM RONALD M. ROSENGARTEN DAVID L. ROSS ROBERT D. RUBIN KAREN D. RUNDOUIST STEVEN T. SAMILJAN GARY A. SAUL CLIFFORD A. SCHULMAN MARLENE K, SILVERMAN STUART H. SINGER TIMOTHY A. SMITH LAURA P. STEPHENSON SAMUEL SUSI GARY P. TIMIN 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 OF COUNSEL MIAMI OFFICE BRICKELL CONCOURS 1401 BRICKELL AVENUE MIAMI, FLORIDA 33131 TELEPHONES MIAMI (305) 579.0500. BROWARD (305) 523-8111 TELEX 80-3124 TELECOPY (305) 579-0716 • 579.0717 WEST PALM BEACH OFFICE 100 SOUTH DIXIE HIGHWAY WEST PALM BEACH, FLORIDA 33401 (305) 659.6333 TELECOPY (305) 659-6354 BROWARD OFFICE SUITE 1650 110 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 (305) 755.0500 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 F-7.62 _,1986 Dear Mr. Petrey: 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 Swi're 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 t CLIRD A. SCHULMAN CAS/tr Enclosures cc: Robert H. Traurig, Esquire (w/encl.) Mr. Steve Owens (w/encl.) Harry Friedman, Esquire (w/encl.) GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P. A. VENDOR SWIRE FINANCIAL SERVICES INC (ASAGENTI DATE CHECK NO "TACOLCY ECONOMIC DEVELOPMENT CORP. 2-26-86 002990 ' DATE NUMBER PAID AS AGENT FOR PROJECT GROSS DISCOUNT -86 SWIRE BISCAYNE INC. $1,600,000.00 -`'.'`'� .t>00'• COLIC1'\XI.42C 1"`'t'`:NZIC '.'\C.CN\C.CC, 11T1'`111'`1111'`111 C,OCCA `' 'A' ,=.C.'`"`'`' <ICCC T111'.'L11',1'C`'\11'c1'c.occc, .. WIRE FINANCIAL SERVICES INC AS AGENT _LIVERED PURSUANT TO AN ESCROW. AGREEMENT [TEf HOMES FOR SOUTH FLORIDA, INC. DATED •26-86 AND THE CITY OF/�MIAMI" COMMISSION MOTION .86-61 dutheast Bank,N.A. 660 63-68 DOWNTOWN BANKING CENTER MIAMI, FLORIDA 33731 PAY TO THE ORDER OF TACOLCY ECONOMIC DEVELOPMENT CORPORATION BY SWIREF 11'00 299011' i:06000si SORT NO. DATE 2-26-86 002990 NUMBER 002990 $1,600,000.00* 1 1 1) • Art 0LE Ill LE7611' ERVI N S INC NCIA VENDOR SWIRE FINANCIAL SERVICES INC NITY DEVELOPME4Ts60RR1. DATE CHECK NO. EAST LITTLE HAVANA COMM 2-26-86 002991 DATE NUMBER PAID AS AGENT FOR - PROJECT GROSS DISCOUNT 36 SWIRE BISCAYNE INC. $1,600,000.00 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 t6-61Southeast Bank, N.A. t 63-56 DOWNTOWN BANKING CENTER 660 MIAMI, FLORIDA 33131 PAY TO THE ORDER EAST LITTLE HAVANA COMMUNITY DEVELOPMENT OF CORPORATION BY SORT NO. DATE 2-26-86 002991 NUMBER 002991 $I , 600 , 000.00* SWIRE F NANCI, SE ICES INC Ali • 000 249 Lii' 1:066000 58 LI: 0 L8 L. L La ?Go l t 1 1 1 1 ) 1 XIiiBIT 5 ,JEa BUSH G creW101 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place Io call home' THADDEUS L. COHEN, AIA Secretary 18 July 2006 Kenneth 6, Metcalf Greenberg Traurig Post Office Drawer 1838 Tallahassee, Florida 32302 Dear Mr. Metcalf: The Department received your request of October 20, 2005, for confirmation regarding the appropriate procedure for modifying the Brickell Key Development of Regional Impact (DIU) 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 Miami. Puxsuant 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 letter may be based solely on the information provided by the developer, and the Department is not tequired to conduct an investigation of that information. If any material information provided by the developer is incomplete or inaccurate, the clearance letter is not binding upon the Department. A clearance letter does not constitute final agency action. The Dill was originally known as Claughton Island (ADA-1074-090); the development order was issued in February 1975. The Claughton Island development order does not explicitly state the total area of the island; however, Exhibit A to the development order does discuss three separate floor area ratios (FARs) and the total number of dwelling units, and the calculations for all of these figures 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 44 acres, and your letter describes the island as comprising 44.01 acres. If, in fact, the area of the Brickell Key DRI is 4-4,01 acres and has not changed since the development order was issued in 1975, then.the equivalent square footage would be, as you point out, 6,211,325 square feet, which is 3.494 percent more than the figure stated in the 1975 development order. You suggest that the square footage figure provided in the development order is erroneous and should be corrected, based on the correct acreage figure for the DRI. After examining our records on Claughton Island/Brickell Key DR1, we find that the record is not clear as to whether the original square. footage figure was erroneously calculated. Accordingly, the Department requested additional documentation to demonstrate that the 2555 SHUMARD OAK POULEVARo TALLAhASSEE, FLORIDA 32309.2100 Rhona (650) 168.6466ISu5corn 2T6,e(es FAX. (050) 921.07611Su.com 29t.0781 Inteff01 address' harp Jrwww dca.ciate II CAITICAL STATE CONCERN FIELD OFFICE 795 Orerecia M:Ohwar, Style 712 1A, nano'.. Ft 33a50.2227 pant, rd2.3Am 90'd COMMUNITYPLAMNINO 2555 Snanard 0,4 86,M.ud Tf1L'diasset. FL ]2]ea 2100 195o1,85.2356 EMENOFh."0,r LIARAGEMENT 2555 SnteNid Q>ik eoulemrd TMW,ost•c. ft. 323942100 (050) 413,9960 H6u5040 i COM,.IUN'[Y De ELOPMENi 2555 S'/' *d OCI 6 Wla'utl TtIIMouL.o, fL 12399.215 (0500 450950 Tk'TT CIM27_h7_Inn 4,©'d Kenneth 13. Metcalf Page 2 of 2 18 July 2006 proposed change to the square footage would not result in additional impacts not previously evaluated by the Claughton Island Application for Development Approval (ADA). The additional documentation provided for this request confirms that the corrected square footage would not result it 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 three key limitations in the Claughton Island development order: (1) paragraph 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 square feet; (3) peak hour traffic is limited to 800 vehicle trips, Therefore the requested correction (increase) in total square feet of the development will not result in additional dwelling units, additional square footage of nonresidential use, or additional trips. It appears that the only effect of the requested correction allowing more square feet will he to allow larger dwelling units. Section 380.06(19)(e)2, F,S., authorizes modifications to an adopted development order for a variety of non -substantive changes that would not increase the impacts of the development. The proposed change of the allowable square footage in the development order is not specifically Listed in s. 380.06(19)(e)2, F,S.; however, s. 380.06(19)(e)2.k, F.S., states that any other change which the Department agrees is similar in nature, impact, or character to the changes enumerated in ss. 380.06(19)(e)2.a-j, F,S,, and which does not create the likelihood of any additional regional impact is not a substantial deviation. The Department concludes that the proposed change is similar in nature, impact, and character to the changes enumerated in this section and would not create the Likelihood of any additional regional impact. Therefore it is not a substantial deviation. 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 are based on the representations submitted in support of your request. The Department does not have any independent knowledge as to the information presented and reserves the right to reconsider this determination if the information presented is found to be materially inaccurate. If you have any questions regarding this matter, you may call Mr. Paul Darst, Principal Planner. at 850-922-1764. Sincerely, Faput D.ticole Roger Wilburn Regional Planning Administrator CC: Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council Ana Gelabert-Sanchez, Director, City of Miami Planning Department Et? t 900E—LE—iDD (LT September 24, 2007 Iris Escarra, Esq. Greenberg Traurig 1221 Brickell Avenue 22nd Floor Miami, FL 33131 RE: Brickell Key/Claughton Island Substantial Compliance Dear Iris: PEDRO G. I-IERNANDIZ, P.E. City Manager 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. Sincerel `Ana Gela anchez rl� ,Director Plannin Department MIA 1797105860.8/10/2007 PLANNING DEPARTMENT zna Avenue, 3rd Floor / Miami, Florida 33130 / (305) 416-1400 / Telecopier: (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-070 CITY OF MIAMI MODIFICATION APPLICATION Planning & Zoning Department 444 S.W. 2"d Avenue, 3rd Floor Miami, FL 33130 305.416.1400 MODIFICATION APPLICATION This is to request that the permit, resolution or ordinance captioned above be considered for modification and that said modification be reviewed in order to determine whether it is substantial, non -substantial or in substantial compliance with the approvals obtained, as described in the documents attached. Section 2215.1. Substantial changes defined; changes prior to notice of public hearing. Substantial changes affect the essential part of the application, not just the form of the application, as determined by the Zoning Administrator and the Planning and Zoning Director. Such determinations shall be made upon a request to review proposed modifications to applications for the following items: Class II Special Permit Variance Special Exceptions Major Use Special Permit Zoning Atlas Amendment ✓ DRI Development Order The proposed changes to the DRI Development Order are specified on the attached letter from the applicant's agent, Iris Escarra (Esq.) dated 9/22/06. The review will be conducted by persons defined in Section 2202.1(e), using the following criteria: (a) The requested change exceeds the zoning regulations (b) The footprint of the building is proposed to be moved by more than ten (10') feet in any horizontal direction (c) The height of the building or any portion thereof is proposed to be increased by more than five (5') feet or five (5%) percent of the height of the building, whichever is greater, in a vertical direction; or (d) 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. rciz`sL;� ubstantial Substantial Complianc-e Non-. Substanta a4. EXHIBIT 6 DAVID PLUMMER & ASSOCIATES I.Au5P(�RIA-ON___. C L _ • _:ZRUCIURA1--• EN411-OVM€ TAL 1750 PONCE DE LEON BOULEVARD, CORAL GABLES, FLORIDA 33134 305 447-0900 • FAX: 305444-4986 • EMAIL: DPA@DPLUMMER.COM August 25, 2015 Mr. Chris Gandolfo Senior Vice President Swire Properties, Inc. 501 Brickell Key Drive, Suite 600 Miami, FL 33131 (305) 371-3877 hlenard@swireprops.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 dpa 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 condominium) • 324,620 sf of office • 20,979 sf of retail • 3,303 sf of restaurant t The city of Miami converts the 329 room hotel to 164 DUs of residential condominium The Institute of Transportation Engineers (ITE) recognizes that data obtained to establish trip generation rates and/or equations is collected at single -use, free-standing sites, and that mixed - use developments, like Brickell Key, provide a potential for interaction of trips within the site, which must be accounted for separately. ITEs Trip Generation Handbook provides guidelines for establishing theoretical internal capture for mixed -use developments. Brickell Key is a unique mixed -use development as there is only one access point to the mainland via the Brickell Key Bridge. Therefore, actual internal capture rates can be calculated using ITEs trip generation rates/equations and existing traffic count data. These calculations were undertaken and are shown on Exhibit 2. See Appendix B for trip generation worksheets. Mr. Chris Gandolfo Re: Brickell Key Traffic Evaluation - #14221 Page 3 of 4 Exhibit 2 - Trip Generation Calculations Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Existing Traffic Counts on the Brickell Key Bridge Tuesday, 9/16/14 14,938 496 682 1,178 652 563 1,215 Wednesday, 9/17/14 14,742 548 684 1,232 562 569 1,131 AVERAGE 14,840 522 683 1,205 607 566 1,173 ITE Gross Trip Generation for the Existing Uses Residential Condominium 2,929 DUs 12,145 131 639 770 642 317 959 Hote11 329 Rooms 2,688 102 72 174 102 95 197 Office 324,620 SF 3,213 432 59 491 75 367 442 Specialty Retail 20,979 SF 930 0 0 0 25 32 57 High Turnover Restaurant 3,303 SF 420 20 16 36 20 13 33 TOTAL 19,396 685 786 1,471 864 824 1,688 % INTERNAL CAPTURE 23% 24% 13% 18% 30% 31% 31% ITE Gross Trip Generation for the Existing & Proposed Uses Residential Condominium 3,579 DUs 14,456 154 749 903 757 373 1,130 Hotel'. 329 Rooms 2,688 102 72 174 102 95 197 Office 424,620 SF 3,940 535 73 608 94 460 554 Specialty Retail 70,979 SF 3,146 0 0 0 84 108 192 High Turnover Restaurant 3,303 SF 420 20 16 36 20 13 33 High Turnover Restaurant 10,000 SF 1,272 60 48 108 59 40 99 Quality Restaurant 15,000 SF 1,349 0 0 0 75 37 112 TOTAL 27,271 871 958 1,829 1,191 1,126 2,317 INTERNAL CAPTUREZ -6,272 -207 -125 -331 -354 -352 -706 External Vehicular Trips 20,999 664 833 1,498 837 774 1,611 ITE Gross Trip Generation for the Existing & Maximum Approved (DO) Uses Residential Condominium 2,929 DUs 12,145 131 639 770 642 317 959 Hotels 329 Rooms 2,688 102 72 174 102 95 197 Office 1,050,000SF 7,840 1,105 150 1,255 213 1,041 1,254 Specialty Retail 90,000 SF 3,989 0 0 0 107 137 244 High Turnover Restaurant 30,000 SF 3,815 179 145 324 177 118 296 Quality Restaurant 30,000SF 2,699 0 0 0 151 74 225 TOTAL 33,175 1,517 1,006 2,523 1,392 1,782 3,175 INTERNAL CAPTURE2 -7,793 -361 -132 -456 -414 -558 -969 External Vehicular Trips 25,382 1,156 874 2,067 978 1,225 2,206 1 For analysis purposes, the 329 room hotel was not converted to 164 DUs of residential condominium. 2 Based on the calculated internal capture percentage. Mr. Chris Gandolfo Re: Brickell Key Traffic Evaluation - #14221 Page 4of4 By adding vehicular trips from the proposed additional development to Brickell Key, the future with project exiting traffic volume during the weekday pm peak hour is not expected to exceed the 800 vehicular trips threshold. This analysis shows there will be 26 exiting pm peak hour vehicular trips left under the threshold (800 - 774 = 26) with the proposed additional development. Exhibit 2 also shows the proposed development program generates 27,271 gross daily vehicular trips (per ITEs Trip Generation Handbook) while the maximum allowed non-residential uses (1.2M sf) program generates 33,175 gross daily vehicular trips. The proposed plan generates approximately 18% less gross daily vehicular trips compared to the maximum allowable non- residential uses program. Please call me at (305) 447-0900 if you have any questions or need any further infouiiation. Sincerely, Tirllothy J. P1 President Appendices er, PE Brickell Key Traffic Evaluation August 2015_REV.docx APPENDIX A Traffic Counts i 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 : 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 Eastbound Volume for Lane 1 End Time 00 01 02 03 04 05 06 07 08 09 10 11 ---- ---- ---- ---- ---- ---- ---- ---- 15 21 11 4 5 1 7 15 63 102 178 118 64 30 17 8 5 2 1 10 39 52 123 174 96 79 45 22 7 5 1 2 17 41 64 97 164 75 126 00 11 7 5 5 5 20 70 109 174 134 102 90 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 71 33 19 13 9 54 165 288 496 650 391 359 End Time 12 13 14 15 16 17 18 19 20 21 22 23 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 96 99 104 92 93 134 163 150 134 91 65 43 30 118 95 108 118 101 116 148 135 125 86 63 36 45 118 87 117 87 109 112 162 134 116 72 77 42 00 107 123 99 123 109 126 152 89 95 57 69 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 07 08 09 10 11 ---- ---- ---- ---- ---- ---- 15 31 9 10 3 1 5 29 113 173 158 99 103 30 19 6 4 2 0 5 23 117 166 118 95 85 45 17 8 4 2 4 8 57 135 183 110 94 103 00 13 6 4 1 9 13 83 144 160 114 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 03 04 05 06 07 08 09 10 11 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 52 20 14 8 2 12 44 176 275 336 217 167 30 36 14 9 4 1 15 62 169 289 292 191 164 45 39 15 9 3 6 25 98 199 280 274 169 229 00 24 13 9 6 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 a,****************************************************************************** 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 55 134 158 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 ******************************************************************************* APPENDIX B Trip Generation Worksheets 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 Two -Way Volume Enter Exit PM Pk Hour 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 3213 432 59 75 367 324.620 Th.Sq.Ft. GFA [E] 826: Specialty Retail Center 930 0 0 25 32 20.979 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 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 Two -Way Volume Enter Exit PM Pk Hour 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 Two -Way Volume Enter Exit PM Pk Hour 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 EXHIBIT 8 CTtt4-iiiaznni DANIEL J. ALFONSO City Manager August 24, 2015 Ms. Lucia Dougherty, Esq. Greenberg Traurig 333 SE 2 Avenue, 40a' 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 Commission approved the DRI Development Order pursuant to resolution 75-126. On July 25, 1985, the DRI Development Order was subsequently amended regarding the low-income housing requirement. The original Development Order sets a Floor Area Ratio ("FAR") of 3.24, and permits a development of up to 5,905,000 square feet, of which 1,200,000 square feet may be for Non -Residential use (including 150,000 square feet of retail use). Additionally, the Development Order permits a total of 3,075 Dwelling Units. These calculations assumed an area for the island 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 determined was in substantial compliance with the Development Order, amending the Order to reflect a total of 44.01 acres for PLANNING AND ZONING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Ms. Lucia Dougherty, Esq. Confirmation of Completed Development & Remaining Development Rights on Brickell Key Amended Letter August 24, 2015 Page 2 of the Brickell Key Island. Correspondingly, the Department of Community Affairs stated that the equivalent square footage would be 6,21 1,325 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. Sincer Ire e S. Hegedus, AIA, ACHA Zo 'ng Administrator cc: Francisco J. Garcia, Director of Planning & Zoning BRICKELL KEY CALCULATIONS - FAR RESIDENTIAL OFFICE RETAIL RESTAURANT PROPOSED EXISTING 650 3093 100,000.00 324,602.00 50,000.00 20,979.00 25,000.00 3,303.00 175,000.00 348,884.00 ALLOWED 3075 1,200,000.00 Net Area 44.01 FAR 3.24 Total FAR used Total FAR Remaining 6,211,325 5,310,336 900,989 NON RESIDENTIAL RESIDENTIAL USE 1,200,000.00 {including 150,000 retail 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 BRICKELL KEY CALCULATIONS - FAR OVERALL ISLAND FAR SF ALLOWED ACRE FAR TOTAL FAR 44.01 3.24 6,211,325 OVERALL ISLAND FAR USED SF 5,310,336 TOTAL REMAINING FAR SF 900,989 OVERALL ISLAND ALLOWED SF PER USE NON-RESI 1,200,000 RESI USE 5,011,325 OVERALL ISLAND USED PER SF NON-RESI 348,884 RESI USE 4,961,452 NON-RESI SF LEFT 851,116 RESI SF LEFT 49,873 TOTAL SF LEFT 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) PROPOSED NON-RESI USE 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 RES1 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 EXHIBIT 9 BRICKELL KEY -MIAMI 21 FLR CALCULATIONS June 25"' 2015 Exhibit ti .Property Asia 900 Brickell Key Blvd E 3 Miami, FL 33131 Resid. FAR i Commer.FAR 1. (Total FAR I Adjusted Gross (FAR Parking Sq Ft ! I Total Gross (MIAMI I .I x1.15) 1 1 1 21) ! 321,197 SF 369,377 SF; 126,503 SF 495,880 SF 1 321,197 SF E I El erricKeu &ey Une 520 Brickell Key Dr. Miami,FL33131 618,039 SF I 12,271 - SF 630,310 SF I 724,857 SF 1 214,125 SF 938,982 SF Brickell Key Two 540 Brickell Key Dr Miami,FL33131 459,232 SF 4,730 ' SF 463,962 . SF 533,556 SF 231,701 SF 765,257 SF E4 Carbonell 901 Brickell Key Blvd Miami,FL33131 . 561,026 SF 561,026 i SF 645,180 SF 170447 , SF 815,627 ' SF E2 ,Courts Brickell Key '801 Brickell Key Blvd (Miami,FL33131 458,828 SF 458,828 ; SF 527,652 ' SF 251,445 SF 779,097 SF1 _ _ SF SF E 1 ,Courvoisier Centre I 501 Brickell Key Dr Miami, FL 33131 103,822 I SF 103,822 SF 119,395 i SF ' 15,525 SF 134,920 E 1 Courvoisier Centre Ii 601 Brickell Key Dr Miami, FL 33131 213,492 I SF 213,492 SF 245,516 1 SF 1 367,341 SF 612,857 E 1 Courvoisier Courts 701 Brickell Key Blvd Miami, FL 33131 ! 393,788 . SF L 14,587 I SF 408,375 SF, 469,631 SF 256,160 SF 725,791 SF Isola 770 Claughton island Dr Miami, FL 33131 307,365 SF ; I 307,365 ' SF, 353,470 L, SF 187,360 !SF 540,830 SF 1SF Mandarin Oriental Hotel 500 Brickell Key Dr Miami, FL 33131 243,194 ' SF T I 243,194 SF 279,673 SF 119,695 SF 399,368 E1 One Tequesta Point 888 Brickell Key Dr Miami,FL33131 ' 447,043 -SF -T 447,043 SF; 514,099 SF 200,000 SF 714,099 SF St. Louis Condominium 800 Claughton Island Dr Miami, FL 33131 187,600 I SF I 187,600 SF ; 215,740 I SF 80,400 iSF 296,140 ' SF I E 1 'Two Tequesta Point 808 Brickell Key Dr Miami, FL 33131 535,472 SF , 535,472 SF 615,793 SF 345,200 SF 960,993 SF E 1 Three Tequesta Point 848 Brickell Key Dr Miami, FL 33131 507,509 SF 507,509 SF I 583,635 SF EXISTING TOTAL _�_ 5,040,293 ' SF 348,902 SF 5,389,195 SF r 6,197,574 SF 2,565,902 I SF 8,179,841 I SF NEW ISLAND PROJECT South Peninsula, Brickell Key Miami, FL 33131 I 725,989 SF 175,000 SF I 900,989 SF I - SF ' 500,000 1 SF 1 1,400,989 I SF TOTAL (including new project) 5,766,282 SF 523,902 SF 6,290,184 SF 7 3,065,902 I SF 9,580,830 SF Brickell Key Zoning : T6-36-0 FAR Max = 44.0183 Acres x (43,560 sf) x 12 =I 23,009,246 SFl W/ 30% Bonus =I 29,912,020 SF Allowed 150 Dwelling units/Acre x 44.0183 =', 6,602 DU Page 1 61/0Ei/37 10130 GTH REAL ESTATE a 3.816500917043420429 SPECIAL WARRANTY DEED 143, 044 D82 Y% R O 2 2 U 8 6 1997 JAN 16 16.00 DOCSTPDEE 64,680.00 SURTX 48610.00 HARVEY RUVIN, CLERK DADE COUNTY, FL THIS SPECIAL WARRANTY DUO is made and entered kbo as of the I day of January. 1997 by EDWARD N. CLAOG TON, JR., 13EHERLY A. M IXBON and SUZANNE C. SCHMIDT, as tenants in common, Qrarntor, 10 BWW.E MICHELL THREE INC.. a Florida corporation, Drente*, whose taxpryer identification number(s) Is , and whose mslUnp address Is S01 Nickel Key Drive, Suite 102, Miami, FL 33131, Wherever used herein, the term Grantor and `Grantee shag include alt of the mile to this instrument and their Mira, Iegat representatives end assigns. WITNESETH: GRANTOR, for and In amaideratlon of Ten end No1100 Wars 010.00) and other good and vasuabie consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, baegeined and sold, and by these presents doss hereby grant, bargain and sett to Grantee, the fotiowing desabed Rand situate and being in Dada County, Florida (the "Property,: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TOGETHER W1111 alt the tenements, he editaments and appurtenances thereunto belonging or in anywise appertaining, induding, without imitation, all riparian rtpre, air nights and al night, IAie and interest in and to the rights and appurtenances partaking to such real property, inducing any OatUUe and interest of Sailer In and to atijaaent roads, str gab, alleys. easements Of righti-ofiray. THIS CONVEYANCE is subject to: taxes and assessments for 11)da1 and all sutbequent years; zoning ordinances, restrictions, prohibitions and otter requirements Imposed by governmental authority; and conditions, restrictions, and easements of record, If any. but this refenmoe 3haa not operate to reimpose same. GRANTOR hereby warrants the tide to the Property and wits defend the Sartre against the lawful claims of al persons clalming by, through or under Grantor. JAN eto 1997 10: 48 305 5'rJ 0717 P.02 01i68i97 10:30 GTH REAL ESTATE a 3.0165009170434�0429 tD,044 ; 003 fat I ,174984030 AEC. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year first above written. Witnessed by: 1 �L�flLUso�rv— Name: Cntherlac ft.� cis uson /( lc Nem j� M,r�� B. Noma: Catherine RflFe Rusonuso (2.,a Name: Gather Lap R J AN-08-1997 10: 40 EDWARD N. CLMJGHTOW' JR., by and ttSrouph R Keith Johnson, as Trustee pursuant to the terms of that certain Distribution Judgment onighaey entered on Daoen bear 0, 1994 In Adversary Proceeding No. 94-5063 in Chapter 11 matter ST-8-92.50132 In the United Stales Ben1auptcy Cam for taw Western District of Moth Carolina (Charlotte Division), then neactad end reentered on December 12, 1994 end warmed by Consent Order Confirming end Declaring !Thetis of Title to Cleughton island Property Issued In raid Adversary Mstter an Daambe►19, 1996 do R. Keith Johnson, PA, Suite 680 312 West Trade Street Charlotte, NC 20202 SUZA,142 C. SCHMIDTand through R. Keith 7i:///r. e Johnson, es Trustee pursuari to terms of that certain drhtbutfon Judgment origin ally entered on December 6, 1994 in Adversary Proceeding No. 94.6083 In Chapter 11 matter Si'. B-02•50132 In the Untied States Biniuuptey Corot for the Western Disir>c! of North cardtne (Charlotte CiNtsion), than redacted and reentered on December 12, 1994 end confirmed by Consent Order Confirming end Doctoring Status of Thee to Cleuphtan Island Property hatted in said Adversary Metter on December 19, 199d do R. Keith Johnson, P,A., Suite 600 312 West Trod* Street Charlotte, NC 28202 Al<gel / /7:44-f UtVGRLY A. MIX3ON, by R. KaRNJohnson, as Trustee pursuant to the terms of Mat Judgment entered on January 19, 1996 In Adversary Proceeding No. 94..501S3 In Chapter 11 rnetter BT-B-0240132 In the United Stets Bankruptcy Court Tor the Western District of North Carolina (Charlotte ()Melon), end confirmed by Consent Orbs Confirming and Declaring Statue of Title to (Naughton Island Property mood In said Adversary Metter on December 19, 18a0 do R. Keth Johnson, P,A., Suite GOO 312 W.st Trade Strrat en rich°, NC 215202 325 579 0717 P. 03 4.1 fi w" -.`s3:i: •.?::'tir•'i�.�;"�h =FPS; • 81i88i97— 10:38 GTH REAL ESTATE 4 3•01650091?043420429 N0.044 My commiss#on expires: g1vYo\rcap 74* um Rf C. 1JOtz` CC'S \-\ VA STATE o11-FioRif3* y )ss: COUNTY OF Hd ) t`r\ E.Cn to s vsV R G Theferegoing K�'Jolimon, :s Tru*e fo EDWMD M. CLADOHTON, JR. �RLY A. Mni:0ld an 1S 7 C. 8c11AMDT. He b persana#y known tom or produced es id n {fi� sdon. ,,«ftlII,,,, Name: LX\i,S�n,U`ll�ty01/4�` �Llll (i,11 1 `��,``,ok le Eati ,'I,,, Name: .� ZFW1 ANts �M ..fNotary Pubic, sty offia le-UC = co WARY IS Commftslon No. -G c�_ ,1+111 i i f a t%,•. JAN-08-199? 10:40 .30a 5'e9 0717 P. 04 • , v,. E R IBIT "A" °EC:1749&�tl6O2 L A W Y E S TILE INSURANCE CORPORATION NATIONAL HEADQUARTERS R I C H M O N D, VIRGINIA Schedule "A" lands h portion of Claughton island lying in Sections G and 7, Township 54 South, Range 42 East, City of Miami Dade County, Florida, being more particularly described as follows: Commence at the intersection of the centerlines of Drickcll Avenue and 20th Street (now known as S. E. 80. Street), as abown on the 'r.Y,ENDED iAP OF BR1CRELL' S ADDITION TO TEE r.AT OF HIAMI', according to the plat thereof, as recorded in Plat Book 'B', at Page 113 of the Public Records of Dade County, Florida; thence run South 76 degrees 29 minutes 00 secondc Eant, along the centerline of said S. E. 6th Street and its southeasterly prolongation, for 1726.63 feet to a point an the westerly 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 CLAUGBTON ISLAND", as shown on the plat thereof, as 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 Nest, along said Bulkhead line, for 263.70 feet; thence North 65 degrees 34 minutes 31 seconds East, at right angles to the last mentioned course, for 22.29 feet to a Paint on a curve, said point bears North 2 degrees 19 minutes 49 seconds East, from the radius point of the next described curve; thence Southeasterly, along e circular curve to the right, having a radius of 37.75 feet and a central angle o.: 24 degrees 11 minutes 28 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 minutes 12 seconds for en arc distance of 37.27 feet to a point on said curve; thence North 27 degrees 48 minutes 56 seconds East, for 35.46 feet (last mentioned four courses being coincident with portion of the Right -of -Way 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 78 degrees 16 minutes 07 seconds East, for 47.29 feet; thence North 63 degrees 08 minutes 30 seconds East, for 72.00 feet; thence North 41 degrees 20 minutes 02 secondc East, for 34,63 feet; thence North 66 degreea 34 minutes 31 seconds East. for 83.70 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 central angle of 58 degrees 18 minutes 42 Records for an arc distance of 25.44 feet to a Point of Compound Curvature; thence " Southeasterly, along a circular curve to the right, having a radius of 120.00 feet and a central angle of 47 degrees 41 minutes 39 seconds for an arc distance of 99.89 feet to a Point of Compound Curvature; thence Southeasterly, Southerly and Southwesterly, along a circular curve to the right, having a radius of 435.00 feet and a central angle of 9 degrees 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 a :adius of 25.00 feet and a central angle of 46 degrees 34 minutes 03 seconds for an arc distance of 20.32 feet to a Point of Reverse Curvature, thence Southwesterly, Southerly and Southeasterly, a10ng a circular curve CO the left, having a radius. •xl is Case No. 9600005 L A W Y IN S U R A N C in1.'7498f116O3 ERS TITLE E. CORPOR ATION NATIONAL HEADQUARTERS R I C H M O N D, VIRGINIA Schedule "A" Lands continued of 55,00 feet and a central angle of 96 degrees 11 minutes 01 seconds for an arc distance of 92.33 feet to a point on said curve Ilant mentioned nine courses being coincident with portion of the Boundary lines of 'CLAUGET0N SUBDIVXS10N ON CL.NOGHTON ISLAND', according to tile plat thereof, as recorded in Plat Book 133 at ?age 16 of the Public Records of Dade County, Florida); thence South 5 degrees 50 minutes 45.7 seconds West, radial to the nett described curve, for 36.01 feet; thence Northwesterly, Westerly, Southwesterly, Southerly and Southeasterly, along a circular curve to the left, having a radius of 65.00'feet and a central angle of 180 degrees 00 minutes 00 seconds for an arc distance of 204.20 feet to a Point of Tangency; thence South 84 degrees 09 minutes 34.3 seconds East, for 60.00 feet; thence South 74 degrees 23 minutes 23 seconds East, at right angles to the next described course, for 200.13 feet to t point on the aforementioned 'DADE COUNTY BULEHEAO LINE FOR CLAUGHTON ISLAND' (last mentioned four courses being coincident with portion of the Boundary lines of 'FIRST ADDITION TO CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND', according to the plat thereof, as recorded in Plat Book 140 at Page 95 of the Public Records of Dade County, Florida); thence South 15 degrees 36 minutes 37 seconds West, for 22E.91 feet to a Point of Curvature; thence Southwesterly, westerly and Northwesterly, alone a circular curve 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 369,05 feet to a Point of Tangency;. thence North 23 degrees 25 rvinutes 29 seconds Hest, for 385.92 feet to the Point of Beginning (last mentioned three courses being coincident with portion of the aforementioned 'DADE COUNTY BULKHEAD LINE FOR CI..AUGBT0N ISLAND'). Case No. 9600005 Krc:174 � .0)4 el: 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 ROCO9t7ED N OFFACLAL RECCRAS Bcc» OF DACE COf,WTY, FLORODA RECORD VERF1E!) liARVEY RtJV CLERK CPCUrT COURT CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO c0n•oo-,r SUPPORT OR WITHHOLD OBJECTION ,4� �asdY. 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 BUSINESSADDRESS: 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 NO 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. Doc. 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 ar order. PERSON SUBMITTING DISCLOSURE: signature Cti1)r1D Ccirr C} Print Name Sworn to and subscribed before me this (l day ofJ kip), , 20.p 1 . The foregoing instrument was acknowledged before me by L h j%iS K Yf i? 7O / 172 , who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORID CITY OF MIAMI MY COMMISSION EXPIRES: -t i ('"jy'J Enclosure(s) ERIKA D. TEJEDA 1 , MY COMMISSION # FF 024278 !; EXPIRES: July 6, 2017 Bonded Thru Notary Public Underwriters Doc. No.:86543 Page 2