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Home My WebLink AboutSubmittal-Planning Department-Exhibit BSubmitted into the public record for itena(s) on ) 0 122.) ( City Clerk EXHIBIT `B" Communication from Department of Economic Opportunity and South Florida Regional Planning Council Rick Scott GOVERNOR FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY July 22, 2015 Ms. Lucia Dougherty Shareholder Greenberg Traurig, P.A. 333 S.E. 2"d Avenue Miami, Florida 33131 RE: Brickell Key Development of Regional Impact File No. ADA-11-74-090; Non -substantive Modification Dear Ms. Dougherty: Jesse Panuccio EXECUTIVE DIRECTOR In your letter of July 17, 2015, you requested a determination whether a proposed change to the Claughton Island/Brickell Key Development of Regional Impact (DR°) 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-residentlal 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 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 a Section 380.06(19)(e)2.k, F.S. amendment. «-WW?\q- 't, tt-60- Ocinnin E fbl-F B Submitted into the public record for item(s) j 1 on 1 t) \ ` ,7,\ I_. City Clerk Ms. Luria Doherty July 22, 2015 Page 2of2 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.Stansburvt deo.mvfiorie°. Sincerely, ratt,t_A e Ana Richmond, Chief Bureau of Community Planning AR/Js cc: Mlreidy Fernandez, Planning and Zoning Department, City of Miami Jim Murley, Executive Director, South Florida Regional Planning Coundl Submitted into the public record for item(s) 12. \' on } 0172,1 } City Clerk (ft#v of glialrui DANIELJ. ALFON50 City Manager August 24, 2015 Ms. Lucia Dougherty, Esq. Greenberg Traurig 333 SE 2 Avenue, 40e1 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 maybe 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 connection 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, Flarlda 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 Drickell Kcy Amended Letter Submitted into the public record or it m(s) r, U on 5 City Clerk August24, 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 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 FA. 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. Sinter Ire S. Hegedus, ALA ACHA Zo ing Administrator cc: Francisco J. Garcia, Director of Planning & Zoning BRICKELL KEY CALCULATIONS - FAR RESIDENTIAL OFFICE RETAIL RESTAURANT Submitted Imo the public record or itern(5) on 1(1'2,?`_ City Clerk 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 6,211,325 5,310.336 900,969 NON RESIDENTIAL RESIDENTIAL USE 1,200,000.00 (Including 150,000 retail use) 3075 ALLOWED EXISTING REMAINING PROPOSED TOTAL LEFT NON RESIDENTIAL 1,200,000.00 348,884.00 851,116.00 175,000.00 676,116.00 RESIDENTIAL 3075 3093 -18 650 668 RESIDENTIAL 5F LEFT TOTAL FAR REMAINING 5,011,325 4,961,452 49,873 Total FAR - 1,200,000 Used FAR-exlsttng Total FAR - non-resldentlal Non-residential remaining 725,989 668 1087 Taal non -rest left+ Proposed number of Average area Total resi left of units per unit 900,989 Submitted into the public record f r it m(s) on d City Clerk ICKELL 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 per signed and sealed calculations by architect OVERALL ISLAND ALLOWED SF PER USE NON -REST 1,200,000 REST USE 5,01 1,325 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 Total allowed FAR -fatal used FAR Per development agreement Total allowed FAR -total allowed non-reddentlal FAR • (6, 211, 325-1,200,000) Existing naon•reslentlal development Total FAR used - Non-resldentlaI 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 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 REST TO BE DEVELOPED 668 UNITS PROPOSED 1,086.81 AVG UNIT AREA SF September 09, 2015 Ms.Lucia Dougherty Greenberg Traurig, P.A. 333 SE 2nd Avenue, Suite 4400 Miami, Florida 33131 Re: 13rickell Key DRI Dear Ms. Dougherty: RC Submitted into the public record or it m(s) Q 2) • �� 011 City Clerk 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 South Florida Regional Council 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 954.985.4416 Phone, 954.985-4417 FAX www.sfregionalcouncil.org