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HomeMy WebLinkAboutSubmittal-Iris Escarra-Brickell Key DRI Development Order DocumentsCity of Miami City Commission October 22, 2015 Item: PZ 11 —Second Reading File ID: 15-01219 Property: 750 Claughton Island Drive Owner: Swire Jadeco LLC c/o Swire Properties Submittal: Iris Escarra, Esq. INDEX Submitted into the p c 1 I record for item(s) on f ©-a a' i s City Clerk 1. DDA Resolution 24-2015 passed on October 16, 2015 2. Brickell Area Association dated October 14, 2015. 3. Brickell Homeowners Association dated October 19, 2015. 4. Brickell Key Master Association Meeting summary p. 4 dated September 2, 2015 -- Subm0-tctI-1r t arrA-.(36Me11 Key DV-' 1).00 0 (CU v 00 Cu rY) t-S Submitted into the public record for item(s) P'(; 1 l on 101L2j IS . City Clerk 1 Submitted into the public record for item(s) t %. )1 on I U Vatic City Clerk RESOLUTION NO. 24 /2015 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") OF MiAMi, FLORIDA, EXPRESSING THE MIAMI DDA'S SUPPORT FOR A PROPOSED CHANGE TO THE BRICKELL KEY DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER BY REDUCING THE PERMITED REMAINING DEVELOPMENT CAPACITY FROM NON-RESIDENTIAL (COMMERCIAL) FLOOR AREA AND INCREASING THE NUMBER OF RESIDENTIAL UNITS THEREBY CREATING LESS IMPACTS AND TRAFFIC. WHEREAS, the Developer (Swire) has submitted an Application to the City of Miami to amend the Brickell Key Development of Regional Impact (DRI) for a reduction of permitted non-residential floor area by 676,116 square feet and increase the number of residential units by 668 and to permit a 3.75-acre linear park on the island with further details identified in Exhibit I attached hereto; and WHEREAS, the Miami Planning Zoning and Appeals Board, at its meeting on September 29, 2015, following an advertised public hearing, adopted an amendment to the Brickell Key DRI Development Order; and WHEREAS, the City Commission, after careful consideration of this matter on First Reading, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this amendment to the Brickell Key DRI development order as hereinafter set forth; and WHEREAS, the Department of Community Affairs stated on July 18, 2006 its non -objection to a revised Development Order, which the Planning Director at the time deemed in compliance, and which comprised 44.018. net acres and set a Floor Area Ratio (FAR) of 3.24 for the Brickell Key DRi, as hereinafter set forth; and WHEREAS, S. 380.06(19)(e)(2)(k) of Florida Statutes allows an amendment to the existing Brickell Key .DRI that would be consistent with not increasing the number of external peak hour trips and for there not to be a reduction of open space and conservation areas, as hereinafter set forth; and WHEREAS, the cumulative annual effect of the proposed development does not conflict with §380.06(19Xe)(2Xk), Florida Statutes or the existing development order for the Brickell Key DRi; and WHEREAS, it is found that this amendment to the Development Order adopted on February 12, 1975 involves the reduction of permitted non-residential floor area by 676,1 16 square feet and increase the number of residential units by 668 and to permit a 3.75-acre linear park on the island. NOW, THEREFORE, be it resolved by the Board of Directors of the Miami Downtown Development Authority of the City of Miami, Florida. Submitted into the public record for item(s) .11 on 1121 I S . City Clerk Section 1. The DDA Board of Directors expresses its support of the Developers amendment to the Brickell Key DRI pursuant to the following City of Miami findings identified at First Reading of the Ordinance: a. Is not expected to increase the number of vehicular peak hour trips, pursuant to the traffic analysis provided and in accordance with the Brickell Key DRI Development Order. b. The developer has complied with the moderate income affordable housing provision via the amended development order from Resolution 85-812 and from an Escrow Agreement. dated February 26, 1986. c. Complies with the applicable criteria as set forth in §380.06(19)(ex2)(k), Florida Statutes. d. The Florida Department of Economic Opportunity (DEO) and South Florida Regional Planning Council have reviewed without objections. Section 2. The DDA Board of Directors requests the Executive Director forward this Resolution in support to the appropriate parties. PASSED AND ADOPTED THIS 1 DAY Oy OBER, 2015. an lyce M. ' oberts•n, Executive Director ATTEST: Madelyne Rybourn Secretary to the Board of Directors Exhibit 1: Brickell Key DRI Application Information • • • Submitted into the public record for item(s) Pt • 11 on ► 0 �1 ?. I I C, . City Clerk BRICKELL ARCA A SOC:ATtON October 14, 2015 Mayor Tomas P. Regalado Miami City Hall Mayor's Office 3500 Pan American Drive Miami, Florida 33133-5595 And City of Miami Commissioners Miami City Hall 3500 Pan American Drive Miami, FL 33133 Submitted into the public record for item(s) on I 0 �: 7,]1� ___• City Clerk 1395 Brickell Avenue I Suite 180 ( Miami, Florida 33131 (305) 903-0672 http://brickeltarea.org baa@brickellarea.org Dear Mayor Regalado and Honorable Commissioners, The Brickell Area Association endorses and supports file number 15-01219 whereby Swire Properties, Inc., Developer of Brickell Key and Owner of the site at the south end of the island that has been approved since 1975 for development as part of the original DRI, is requesting clarification of changing the development of same from commercial office to residential, thus having less impact and traffic than an office building. We understand that in doing so, the City has approved the linear park of 3.5 acres and the Developer has agreed to an additional .25 acres of park area. Sincerely, BRICKELL AREA ASSOCIATION Ponce Press nt DP/mc-f cc: The Honorable Marc D. Sarnoff, Commissioner, District 2, City of Miami The Honorable Wilfredo (Willy) Gort, Commissioner, District 1, City of Miami The Honorable Frank Carollo, Commissioner, District 3, City of Miami The Honorable Francis Suarez, Commissioner, District 4, City of Miami The Honorable Keon Hardemon, Commissioner, District 5, City of Miami Submitted into the public record for item(s) Qti1 on 16 1 2`L` 1 S . City Clerk 1 3 B• HA BRICKELL HOMEOWNERS ASSOCIATION Safeguarding quality of life for the Brickell community P.O. Box 45-2403 Miami, FL 33245-2403 brickellhomeowners.com brickellhomeowners.com Submitted into the public record for item(s) Pt . 1 1 on j 01 ?� l� . City Clerk October 19, 2015 The Honorable Tomas P. Regalado, Mayor The Honorable Marc Sarnoff, Commissioner District 2 The Honorable Wilfredo Gort Commissioner District 1 The Honorable Frank Carollo, Commissioner District 3 The Honorable Francis Suarez, Commissioner District 4 The Honorable Keon Hardmon, Commissioner District 5 City of Miami 3500 Pan American Drive Miami, FL 33133 Dear Mayor and Commissioners, The Brickell Homeowners Association supports the request filed by Swire Properties (file number 15-01219) to change the development of the south end of Brickell Key from commercial to residential. We understand Swire, approved since 1975 for developing that parcel as part of the original DRI, agreed to add an additional .25 acres of park area to the 3.5-acre line park approved by the City. Founded 25 years ago, BHA represents the residential and business community in the Brickell neighborhood from Miami River to Rickenbacker Causeway. Our mission and efforts have remained focused on improving the quality of life for the Brickell area since we began. We believe that a residential building will have less traffic impact and thus in the best interest of the current community. Thank you for your thoughtful consideration. Sincerely, Gail Feldman President • • • Submitted into the public record for item(s) ( , . 1 on I t 1 i,%I 15 City Clerk Brickell Key Master Association Board of Directors Meeting Wednesday, September 2, 2015 Attendees: Brickell Key One Brickell Key Two Courts Brickell Key Courvoisier Centre Mandarin Oriental Hotel Submitted into the public record for item(s) V:. )1 on 11)11;7 lc; City Clerk John Dubey Frank Simone J 1 Mauricio Mora Elinne Dominguez . Greg Nunez Three Tequesta Point Two Tequesta Point KW Property Management KW Property Management Steve Owens Irene Marron-Tarrazzi & Consulting ! Trycia Arencibia j & Consulting ; Paul Kaplan Swire Properties Swire Properties Swire Properties Swire Properties Brickell Key Master Association Brickell Key Master Association Linda Chu Dalia Pearson Chris Gandolfo jEfren Ales Mari Calderin-Fee Daniel Ponce No Representation: Asia Carbonell Courvoisier Courts Isola One Tequesta Point St. Louis The meeting convened at 9:05 a.m. A quorum was confirmed, and D. Ponce called the meeting to order. He welcomed everyone for attending, and all attendees introduced themselves. This is the second of two (2) meetings the Master Association has annually. The intent of this meeting is to review the year-to-date as of July 31, the 2015 year-end forecast, and present and adopt the 2016 budget, which is billed at the end of September and due October 1. Manager's Report We continue progressively working on environmental abatement in the area of birds and reptiles, as well as, Pet Owners responsibility and have been charting the problem areas; however, great improvement has been seen and the infractions appear to be diminishing. The 2015 completed projects include the replacement of CCTV Security Camera System at the entrance of the island with a state-of-the-art system, as requested by the Board of Directors. 1 Submitted into the public record or it m(s) r . on I S . City Clerk Present projects include refurbishment of bus shelter with fresh paint and new taupe canvas cover, as well as upgrade of the Way -Finder directional signs throughout the island. We forcefully had to obtain Landscaping proposals, as contractor presented a substantial increase, which we did not accept. As a result, we were given a 30-day notice, and the contract was terminated in June 2015. At the last Brickell Key Master Association Board of Directors meeting in May 2015, comments suggesting an additional officer were made; therefore, Security proposals were requested from national and international companies, with rates that will mitigate the constant turnover of officers, to include an additional officer for the night time. Furthermore, the intent is to consolidate the services to one (1) company with one (1) supervisor. Presently, we are serviced by two (2) different companies with two (2) separate supervisors; one (1) supervisor for the Information Center (Gatehouse), and one (I) supervisor for the Roving Patrols. Another item of interest is that Brasserie Restaurant will be reopening its doors under the same name and leadership as in the past. The owner is Joao Carvalho, who owns the Islander Marketplace and formerly owned Brasserie. The intent is to open in late October. We recently had a luncheon for our service providers; landscaping and security personnel, as well as other providers. All of the Board Presidents were invited and some attended. A booklet with copies of the photographs taken at the luncheon was made available for perusal. The budget explanation considers increasing the Estoppel Fees from $225 to $275 for a 2 to 3 business day response. Review & Adoption of 2016 Budget Operating Results Year -to -Date & Year -End Forecast 2015: The 2015 Forecast explanation backup is included in the packet. As a recap of the 2015 Budget, the Board of Directors had approved an 8% increase, which comprises several items: The Salaries increased 13%, as approved by the Board of Directors, due to the Association adding a receptionist/clerk plus a new maintenance employee to reduce contracted labor services. Overall the employees' salaries never increased more than 3% for 2015. Also, Water and Sewer increased 6%. Security service increased 6%, as G4S, the Information Center (Gatehouse) security service, requested a 7.5% increase for the lead officer for 2015, as they had not increased their rate since 2001, and instead discounted their rate in 2009 as per the Association's request, due to the recession, and that concession remained in effect for the past six (6) years. Accounting increased 20%, resulting from outsourcing the accounting function. Swire was subsidizing by charging the same hourly rate for time spent on Brickell Key Master Association (BKMA) accounting since inception of the Association, which was a benefit; however, the increased amount reflects market rates being charged by KW Property Management & Consulting, which is the firm performing the accounting function. On Legal fees, we have a decrease of 55%, as some of the matters were settled, and the decrease offsets the increase of 8% last year. All other expenses were increased by 3%, the expected inflation rate. 2 Submitted intn the public record for item(s) 2 j . on j b ZZ�S . City Clerk The Association expects a net surplus of $63k through the end of 2015. The forecasted surplus is due to additional $24k in income and $39k less in expenses and capital expenditures. Fixed assets total $48k, as the budget reflected the purchase of the new security system, which was purchased from the reserve fund as approved by the Board of Directors. Pursuant to the latest estimate, the 8% budget increase in 2015 is now reduced to effectively 4% instead of 8% over the 2014 Budget, as a result of the $63k surplus. The estimate of $15k in late fees for the 2016 billing is based on average from last year and reflected in the current year; however, not all late fees will be collected in 2015. The late fee is a one-time $25 charge, plus accrued interest at 18% per year. The Association is proposing a 6% increase for 2016 compared to the 2015 Budget. The increase is mostly due to landscaping and security services increase, as a result of the proposals received; otherwise, the overall increase would be 2.87%. As previously addressed, the landscaping contract rate was reduced in 2009, at the request of BKMA, and has been consistent for the last six (6) years at a cost of $11,540 monthly or $138,480 annually. The current service provider (Tip Top) terminated the contract in June 2015, since the rate it was collecting from the Association was causing it to operate at a loss, which could not be sustained. On June 26, 2015, an RFP was sent by the Association to national and local landscaping companies for proposals for the weekly service of the landscape and annual trimming of trees. Tip Top remained the lowest cost provider, although the rate reflects a 55% increase. The original increase Tip Top requested was $I0k per month; however we did not accept it. The end result is that we are not paying $ l0k more per month, but approximately $6K more. We recommend continuing with Tip Top, due to the great level of service we have been receiving from them throughout the years, as well as their post hurricane/storm efficiency; last Friday, in anticipation of Tropical Storm Erika, they brought in heavy equipment and staged it on Brickell Key, prepared to clear the roads if needed. Security has been a constant challenge due to officer turnover. Many of the former officers are now serving in some of the properties on Brickell Key, as well as off Brickell Key, due to higher pay rates. In order to have consistency, higher rates will need to be paid to the officers. The combined security services of the Information Center and the Roving Patrol is approximately $414,076 annually. On July 31, 2015, the Association sent an RFP to national and local companies requesting pricing on combined services for the Information Center Officer and Roving Patrol for the roadway/baywalk. The goal is to have only one (I) supervisor for the Information Center and the Roving Patrol, as well as increase service with one (1) additional officer, seven (7) days per week at night time, as previously suggested. The result of the proposals is that UPS, the current Roving Patrol provider, offered the lowest rate, although the rate reflects a 19% increase. Our recommendation is to issue a thirty (30) day cancellation notice to G4S, and effective October 1, 2015, have one company, UPS, performing both functions, the Information Center and Roving Patrol. The new hourly rates are $12, $12.80 for the staff at the Information Center, and $14 for the Supervisor. If the increase in landscaping and security services were 3%, the proposed increase in assessments for the 2016 fiscal year would be 1.07% rather than 6%. 3 Submitted into the public record for item(s) P t. )1 on I I,' 122 I I . City Clerk Pursuant to Fixed Assets purchases, Swire has also been subsidizing the network system, as the Association is currently under Swire's network and has been reimbursing Swire on a monthly basis. By 2016, the Association needs to be able to migrate from Swire's network and server, onto its own server and email system. Although the IT and telephone expenses have escalated year over year, Swire only charges the Association for the services we are receiving. The cost of the equipment and related installation is projected at $39,000 which is included in the proposed 2016 Budget. The system needs to be able to support the Gatehouse equipment and CCTV system. We are planning to substitute the existing wireless system, which requires a considerable amount of maintenance, with fiber optic, which would minimize cost and service. Effective September 1, 2015 the base estoppel fees will increase from $225 to $275 to be consistent with the current average market rate. Two Tequesta's Board Member, Irene Marron-Tarrazzi, departed the meeting. Review of Receivables: The Accounts Receivable Aged Analysis as of 8/25/15 reflects our current standing. The amount indicated for Isola, $8,975 is current, as payment was received this week. All units in arrears presently are in some phase of collections process. Reserve Account: The Repair and Replacement Fund Reserve 2015 year-end projection by December 31 is $988,081. The Association has ordered a study of our valuation, which should be received soon. The Brickell Key Foreclosures report indicates 41 Units in Foreclosure, and the Collections report contains a breakdown of the number of units in collection and foreclosure, as of June 30, 2015. The last page in the packet is the Brickell Key Activities Committee (BKAC) proposed 2016 Calendar of Events. These events have been funded by several different sponsors and new ones are coming on board. D. Ponce called for a Motion to adopt the 2016 budget as it is presented. Motion: Moved by Frank Simone and Seconded by Steve Owens to adopt the budget as it is presented. D. Ponce called for a Vote on the Motion. The "Ayes" have it, and the Motion carried. Other Discussion Most buildings will be receiving shortly from the City of Miami a rezoning classification for the last piece of land owned by Swire Development. The site is under commercial office building; however, the plan is to develop for residential. Swire reclassified it with the City of Miami, and they will notice all the neighbors, as Swire is not planning to build an office building on that site. Pursuant to Brickell City Centre, Swire will be completing the first phase by the end of this year; office building and condo tower. The second condo tower and office building are scheduled for 4 Submitted into the pilic record �or it �L on I U ,7, m(s) t !� City Clerk late September 2016, as well as the hotel. The shopping center is progressing well, and the metro mover station will be opening next month, in October. D. Ponce called for a Motion to adjourn the meeting. Motion: Moved by Frank Simone and Seconded by Steve Owens to adjourn the meeting. All those if favor say "Aye." Those opposed say "No." The "Ayes" have it, and the meeting is Adjourned. Adjournment: The meeting was adjourned at approximately 10:14 a.m. 5