HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Ordinance: 13572
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01219
Final Action Date: 10/22/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING RESOLUTION NO. 85-812, AS AMENDED FROM RESOLUTION NO.
75-135, THE BRICKELL KEY DRI DEVELOPMENT ORDER SUBJECT TO SECTION
380.06(19)(e)(2)(k), FLORI DA STATUTES, FOR REAL PROPERTY LOCATED AT
APPROXIMATELY 750 CLAUGHTON ISLAND DRIVE, MIAMI, FLORIDA, AS
DESCRIBED HEREIN (EXHIBIT "A"); BY REDUCING THE PERMITTED
NON-RESIDENTIAL FLOOR AREA BY 676,116 SQUARE FEET, INCREASING THE
NUMBER OF RESIDENTIAL UNITS BY 668, AND BY PERMITTING A 3. 5-ACRE
LINEAR PARK AND A 0.25 ACRE PARK ON THE ISLAND; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Commission by Resolution 75-135 on February 12, 1975, issued a
Development Order, approving with modifications the Claughton Island project, a Development of
Regional Impact ("DRI") to be located on Claughton Island, which Development Order was clarified by
Resolution 75-423 on April 22, 1975, and subsequently amended through Resolution 84-1496 on
December 20, 1984, and Resolution 85-812 on July 25, 1985 (collectively, the "Brickell Key DRI"); and
WHEREAS, on July 18, 2006, the City's Department of Community Affairs stated its non -objection
to a revised Development Order, which comprised 44.018 net acres and set a Floor Area Ratio ("FAR")
of 3.24 for the Brickell Key DRI, as hereinafter set forth, and which the Planning Director at the time
deemed in compliance; and
WHEREAS, on August 27, 2015, Swire Properties ("Swire"), owner of the property located at 750
Claughton Island (as shown in Exhibit B), submitted an application to amend the Brickell Key DRI,
pursuant to §380.06, Florida Statutes (2015), for a decrease in Non -Residential uses by 676, 116
square feet, the maintenance of a 3.5 acre linear waterfront park, and an increase in the number of
permissible residential units by 668 (the "Brickell Key DRI Amendment"); and
WHEREAS, the Miami Comprehensive Neighborhood Plan contains Policy PR-2.2.1 that
establishes a no net -loss policy for public park land, and in compliance thereof, the development and
maintenance of a 3.5 acre linear waterfront park and an additional 0.25 acre public park on Brickell
Key, design and location to be determined by Swire, satisfies this policy; and
WHEREAS, the Brickell Key DRI Amendment will not increase pm peak hour vehicular traffic
exiting Brickell Key to more than 800 vehicular trips, and the Brickell Key DRI Amendment will result in
a reduction of approximately 18% in gross daily vehicular trips compared to the non-residential use
program in the existing Brickell Key DRI, as set forth in Exhibit C; and
WHEREAS, pursuant to §380.06(19)(e)(2)(k), Florida Statutes (2015), and confirmed by the
Florida Department of Economic Opportunity (the "FDEO") in its letter dated July 22, 2015, attached
hereto as Exhibit D, the Brickell Key DRI Amendment is a non -substantial amendment which does not
require the filing of a Notification of Proposed Change with the South Florida Regional Planning
City of Miami Page 1 of 4
File Id: 15-01219 (Version: 4) Printed On: 4/20/2017
File Number: 15-01219 Enactment Number: 13572
Council; and
WHEREAS, the South Florida Regional Council found that the Brickell Key DRI Amendment does
not create additional regional impacts, as set forth in Exhibit E; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 29, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-063
by a vote of eight to zero (8-0), item no. 3, recommending APPROVAL, with conditions, of the
amendment to the Brickell Key DRI as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to grant the
Brickell Key DRI Amendment as hereinafter set forth; and
WHEREAS, on October 22, 2015, the City Commission conducted an advertised public hearing
pursuant to §380.06, Florida Statutes (2015); and
WHEREAS, the City Commission considered the Brickell Key DRI Amendment, and each element
required to be considered by §380.06, Florida Statutes (2015); and
WHEREAS, the City Commission determined that all requirements of notice and legal
requirements have been complied with for Brickell Key DRI Amendment; and
WHEREAS, the City Commission deems it advisable and in the best public interest, and the
general welfare of the City of Miami to approve the Brickell Key DRI Amendment; and
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. It is found that the Brickell Key DRI Amendment involves the reduction of permitted
non-residential floor area by 676,116 square feet, an increase of the number of residential units by 668
and provision for a 3.5 acre linear waterfront park and an additional 0.25 acre public park on Brickell
Key, design and location to be determined by Swire, and:
(a) Is requested and necessary due to planned development;
(b) The cumulative annual effect of the proposed development does not conflict with
Section 380.06(19)(e)(2)(k), Florida Statutes or the existing development order for
the Brickell Key DRI;
(c) Would necessitate a text change to the goals, objectives, and policies of the local
government's comprehensive plan with regard to emergency management
protocols, and proposes an amendment to the current development order for the
Brickell Key DRI;
(d) Is one which the Florida Department of Economic Opportunity ("DEO") and South
Florida Regional Planning Council have reviewed without objections, as reference
City of Miami Page 2 of 4 File Id: 15-01219 (Version: 4) Printed On: 4/20/2017
File Number: 15-01219 Enactment Number: 13572
herein (Exhibit "E");
(e) Is not expected to increase the number of vehicular peak hour trips, pursuant to the
traffic analysis provided and in accordance with the Brickell Key DRI development
order, as referenced herein (Exhibit "C");
(f) The developer, Swire Jadeco LLC ("Swire"), has complied with the moderate
income affordable housing provision via the amended development order from
Resolution 85-812 and from an Escrow Agreement dated February 26, 1986;
(g) Is required to adhere to Environmental Resources review and provisions pursuant to
Chapter 17, Tree Protection Ordinance, of the Code of the City of Miami, Florida, as
amended;
(h) Complies with the applicable criteria as set forth in Section 380.06(19)(e)(2)(k),
Florida Statutes; and
(i) A supplement graphic of the Brickell Key DRI Amendment is provided, as
referenced herein (Exhibit "B").
Section 3. The Brickell Key DRI Amendment is approved as follows:
(a) In lieu of a 3.5 acre public park on the western portion of Brickell Key, the applicant
shall dedicate, develop, and perpetually maintain 3.5 acre linear waterfront park and
an additional 0.25 acre public park on Brickell Key, design and location to be
determined by Swire.
(b) The dwelling units per acre for the Brickell Key DRI is increased from 73.6 to 85.03
dwelling units per acre, for an increase of 668 dwelling units to a total number of
3,743 dwelling units.
(c) The non-residential uses are decreased by 676,116 square feet to 523,884 square
feet. If Swire does not build the maximum 175,000 FAR SF of proposed
non-residential uses, it may use the 175,000 FAR SF for residential uses so long as
the PM peak hour trip limitation is not exceeded.
Section 4. The City Commission, following a public hearing at which interested parties were given
the opportunity to be heard, hereby finds that the Brickell Key DRI Amendment does not constitute a
substantial deviation from the Brickell Key DRI. The City Commission also finds that the increase of
668 dwelling units, the development and maintenance of a 3.5 acre linear waterfront park and an
additional 0.25 acre public park, and reduction of permitted non-residential floor area by 676, 116
square feet, achieves the same objectives without creating a reasonable likelihood of additional
adverse regional impacts or any other regional impact created by the change not previously reviewed
by the regional planning agency. The remaining development capacity is as set forth in the August 24,
2015 letter from Irene S. Hegedus, Zoning Administrator, attached as Exhibit F.
Section 5. It is hereby directed that certified copies of this Ordinance and copies of all exhibits,
attachments, and written materials be immediately transmitted to the Florida Department of Economic
Opportunity.
City of Miami Page 3 of 4 File Id: 15-01219 (Version: 4) Printed On: 4/20/2017
File Number: 15-01219 Enactment Number: 13572
Section 6. The City Manager is hereby directed to take all actions necessary to fulfill the City's
obligations under the terms of the Amended Brickell Key DRI Development Order.
Section 7. In the event that any portion or section of this Ordinance or the Amended Brickell Key
DRI Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of
competent jurisdiction, such decision shall in no manner affect the remaining portions of this
Resolution or the Amended Brickell Key DRI Development Order and shall remain in full force and
effect.
Section 8. This Ordinance may become effective upon adoption thereof pursuant and subject to
Section 380.06(19)(e)(2)(k), Florida Statutes.
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
City of Miami Page 4 of 4 File Id: 15-01219 (Version: 4) Printed On: 4/20/2017
"lint doc!tif
4k4
EXHIBIT "A"
Legal Description
h portion of Clnughton inland lying in sections 6 and 7, Township
5( South, }tango 42 east, City or Riarl, Dade County, riptide,
being more particularly described ha fullowur
Commerce at the intersection of the ponterlines or Drickell Avenue
and 7Oth Street (now known hs S, E. BtF, Street), as shown on the
'1,};EtD6D ft.AP OF 8RICKELL'S ADDITION TO':flE KAP QP H1ARI",
aCoc r.dinrl to the plat thereof, as recorded i.n 11irr.t. door '11', a.t.
Pale. I13 of the Public Records of tyade'Courtty, Florida, thence ru,
5otitli 76 d.cgr.rer 29 r'iinuteq_ -08 accondr Eant, along the cents -cline
of said L. iith 4tr et 'anC3 Ito no uthetiu.t:ttrly prolongation, for
1726.61 feat to u point_ On. the Westerly Boundary line Of said
island and the -Point of Beginning of the following described
parcel (hair; lino also being the `DADI; COUNTY BULKHEAD GINS FOR
CLAUcfi'F'ON ISl.AM', as shown on the plat thereof, as recorded in
Plat Book 74 at. Page 3, Sheet 4 of the Public Records of Cade
County, Florida); thence North 23 degrees 25 minutes 29 seconds
West, along said bulkhead line, for 261.70 feet) thence North 68
degrees 34 minutes 33 seconds East, at right angles to the last
mentioned courec, for 22,29 feet to a Paint on a curve, rseid point
bears Borth 2 degrees 19 minutes 49 seconds sash, from the radius
point of the next described curve; thence Southeasterly, along a
circular cur-ve to the right, having a radius or1 7.75 feet tend a
central angle o4 24 degree 11 minutes 2B seconds E•or an arc •
distance of 15.94 feet to a Point (If Reverse Curvatur.vr thence
Southeasterly, along a circular curve to the.left, having a radius
of 135.2e feet and a central angle of 15 degrees 47 minutes 12
seconds for an arc distance of 37.27 Feet to a point on said
curve; thence North 2-7 degteen 48 minutes 56 seconds East, for
35.46 feet abet mentioned four courses being coincident with
portion of the flight —of -slay dedicated to the City of Miami,
recorded in Official Records Hook 10275 a; rage 86 ot.the public
Records of dads County, Florida); thence North 78 degrees 16
minutes 07 seconds East, for 47.29 feet; thence North 43 degrees
OB minutes 30 seconds East, for 72.00 feet; thence -North 41
degrees 20 minutes 02 aecondn test, for 34,63 feet) thence North
66 dcgrtos 34 min0tas 31 seconds East, for 63.70 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 50 degrees 18 minutes 42 seconds 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 rtnutcs,39
seconds for en arc dtstange of 99,69 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
foot and a central angle of 9 degreaa 30 minute 17 seconds for an
arc distance of 71.15 feet to a Point of Compound Curvature;
thence Southwesterly, along a circular Curve to the right, having
a radius of 25,00 feet and a central angle of 46 degrees 34
minutes 01 seconds for an arc distanco of 20.32 fret to r, Point of
Reverse Curvature) thence Southwesterly, Southerly and
Southeasterly, along a circular eurve to the left, having a radius
of 55,00 feet and a central angle at 96 degrees 11 minutes 01
eeconde lot an arc daotance of 92,33 feet to a point on said curve
(last mentioned nine oourees being, coincident with portion of the
Boundary 1.?neo of 'CJ.AUGHTO1l SUBDIVISION ON CWUGUTON 1SLA m*,
according to tbn plat thereon, as recorded in Plat Boo}. 133 et
Page 16 of the Public Records of Dade County, Florida); thence
South 5 degrees 50 minutes 45,7 seconds Wart, radial to tho next
described curve, for 36,01 feet; thence Northwesterly, {9esturly,
Southwesterly, Southerly and Southeasterly, along a circalar curve
to the left, having a radius of 65,00'feet and a central angle of
180 degrees 00 minutes 00 naoonds for an arc distance of 2.04,20
foot to a Point of Tangency; thence South 64 degrees 0P minutes
14.3 seconds Gant, for 60.00 feet; thehce'South 74 dCgzeos 23
minutes 23 seconds East, at right angles to the next described
course, for 200,13 feet to a point on the aforementioned 'RAPE
COUNTY BULKHEAD LINE t OR CI.J,U0UTgt4 ISLAND' {last mentioned our
courees being coincident with: portion: of the boundary Liter, of
`FIRST A.I)DIT2QU '9 C1.AUGHTON SUBDIVISION QU CL%1t1G18rOP ISIANA",
according to the plat thereof', -nn recorded in Plat Boot. 140 at
Page 95 of the Public Record') o 'Dade County, Plerida); ticnoo
SOutb 15 degrees 36 minutes 3.7 seconds WA6t, :or Z2f.91 feet to n
Paint, of Curvature/ theme Soutbvecterly,. Westerly and
Vorthvanterly, along a circular curve to thu right, having a
radius of 15i0.00 :tot and a central anolo of 140 degrees 57
mknIAAri 54 r.CccndC: or An arc d±-stance of 369,05feet ton Point
of T'anclancy;.thence hartlr 23 degrees 25 oinutes 29 seconds West,
for 365,92 foot to. the -Point of flecinning ;i>•t6t roantionod tllrAa
courser being coincident with portion of the aforementibnad 401.I)ta
couli1'1' nut A11 :hr) 1. N£ roe. `CLht0k1TOIt 14RIAD').
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 6 and G of Claughton Subdivision on Claughton island, according to the
Plat thereof, recorded In Plat Book 133, Page 113 of the Public Records of Dade
County, Florida
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL, BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT,
EXHIBIT "A"
.Legal Description
R portion Claughton'Lnland lying in &coheres 6 and 7, rownnhip
5{ south, go 42 cast, City o(' MAW, Dade County, ylotido,
being more pn icularly described as follower
Commence at the t:areackion of the centerlines of hrickell Avenue
and 20th Street (w known ae 6, S, 8th Street), he born an the
'hrIchticn mat' Or Tali 'SEWS ADDITION TO':HE W Q' MIhRI",
nctotAln9 to the pia thereof, as recorded in Plat Rook 'il',, at
Page 113 of the p,ubli Recor'ste •of bade County, rlaridal tThenp,'d run
South 76 d•4tiraar. IS mi Cd4. 416 Seconds tont, along the centerline
et bald S, i.'eth Street and •its °outheagtarly pcola'Agation for'
17�'6.¢3' toot to d point, o, ' the Hentarl.yi t+oundat'Y Line 04 0a1d
island 'and olio Paint of 00 Inning Of the following described
par•aol Scald line also beinti,the %Mu& COMITY UVt.rUEPA L22I6 POR
Ci,1,UaUTON MAW', , 4a shown d the plat thereof, an recorded in
Plat Book 74 at Page 3, Shoot 4 of the Public Records of taado
county, Pldrid4)1 thcncp North 3 degreoa 25 minutes 29 sieoonds
Went, along said bulkhead lino, or 263,70 feet! thanes Watt) 66
edemas 34 minutes 31 tecenda roan 1 at right angles l:C the )apt
mentioned 00u00, for 22'29 toot ttq�a Point on a rurVt, veld paint
beau Wirth 2 dugroot3 19 minutes 49 .eaonnds tact, frog, the radius
point of the next doier'lbed ourvot t•enae southeasterly, along a
circular curve to the right, having a adiva Of'37.7$ feat And a
central angle of 24 dograoa 11 minuted 0 o°oonde for an arc
distance of 15.94 feet to a point of Re; roe Cervetvror thence
Southoesterly, along a circular curve to he heft, having a radius
of 13.5,28 ,(tot and a ;antral an le of 1.5 grads 47 tpinu�atl 12
wands for an sea distance of 7.27 feet t a point on'riaid
curve/ thence North 27 deggcooa 46 minutes 56 second° '0aow, toe
35.46 feet (loot mentioned (Oils courses blong Co£nuident vith
portion of the tight -of -Way dedicated to the City of riami,
recorded kn Official Records nook 1Q275 at Pagt B5 ai;•the Public
Records of bade county, Ploride), thence North 7`dograaq i6
minute4 e7 taeoondrl Sant, for 47,29 foett thence N, tb 0 dagraeas
00 minutes )0 second& Sant, for 72.00 Sent/ thenceMorth 41
decrees 20 minutes 02 neoend4 tont, for 34.63 Loati t:hanoo ilcrib
56 dagroota 34 minutes 31 necondn Cant, for 83,70 fen v',to a point
o6 Curvatures thcnco Northeasterly, t;a.otorly and Souteggbetterly,
along a circular ourva to the right, having a radius a£.25.00 feat
and A central An of S0 degrees i0 t+inutt° 42 caoonaa focr an ar0
d u ranee og 25,44 test to 4 Paint of CPmpound Curvature/` banve "
Southoantocly, along a circular curve to the right, having 4 radius
of 120.00 feat and a central angle at 47 degrees 41 tainutoa•39
seconds for an arc distanga of 99,09 tout to a Point of Corn'
Urvatutet thence 5outhe+sa�t:c:ly, southerlyand SouthwootarlyTO
along a circular curve to tbo right, havingg a endiuo of 455.
foot and a ventral angle of 9 dogmas 30 minutes 12 seconds toan
1 4r0 diatanoo at 72.1'5 tent to a Point of Compound Curvature/
'r thence Sotithue5terly, along a Circular CurVe to the right, havin
I e radius ef.25,09 feet and a Contral angle of 46 degrees 34
r minutes 03 downed for an aro dlntanae of 70.32 foot to a Point o
1 Roverno Curvature/ thence Southwesterly, southerly and
Southeasterly, along a circular curve t.n the left, having a radius
0 ExN I- A - so6
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL'CAN BE
SEEN AT THE END OF THIS DOCUMENT.
of 55,Op teat 8 a °antral angle of 96 (Uproot, 11 minu'teo 01
aaoonda fOr an •ra dietAnoe of 42.)3 fotu to p Point On noid curve
I1aot mention«('lint, aouroca beintg coincident with portion °f tba
Uoundary lino° o`� •CiJ iliHrON SunDiVrs%oN OR ciArigbrON rgiOw.
according tb tbn lot thereof, as recordod in not Zook 13) at
Page 16 of the 1'u� id Worth) of Dade County, F1oriddit thunae
South 5 depraon 50 '.inures 45,7 aaaanAo wane radial to tho next
decorated curve, fo 54,D1 toot) thanoe Norb}hwomberly, k°aterly,
sauthweetetly, south 1y and SouthQAatorxy, along a cirauaar curve
to win loft, hewing a 'AdLgn of 65.00'foat an4 a aantral Angglo of
100 dogcarts 00 minutely, a oaoonda for An Ara d,iatanac of 204,20
toot to a Poine of Tang nay, ttbOnoo Sough 64 dogma OD mihutoo
24,3 Qaoondo t:ante for 6 •,00 feet; thence' South 74 dOgroac 23
minutco 23 °eoondd Witt t right onglaa to the heat doacribed
course, for 200.17 foot to a point on the afOtemantianad "DADE
COUNTY 644Nt;A0 1.4114 tan C ,OOS
UGt2oit rsi.Atto' tiets,b manti.onod tour
ooureen being'Co,inoldant +�.a = ,'ggor,tion of 'th`d Boundary •l tn'es of
` VIST keoItr1Q$ 'it7,, cr.,1 V,Gy3^Qtt bYXS1On tN (:lAV011teif. X'dl.AUD`,
,aaaording to theOleis ehor'eo';!' di rboGrdad' in' 01'aw PAt4 10 at
rage 3' of the Public Haoorda ;" Dada tdunvy, vlbri.'dai t 00n8o
South 1$ degret o 36 'Carlotta 71 4000001460r, car ,ZZL",11 foeG to a
Paint n't'Curvn,turar thence SooCB aotdi'ty, Ne0tOfi1•y apd
Narthwoaterly, along A .o'iraq.lar I've MO tMit COLA, 'having a
rodiva of aso..ob ,feet and a cant( Iangle. of 140 da'groeo• 57
14rAdo -y4 neeonda, for ,an hta al;It:•nae, of '3GS,'o'S, ia.a"t to 'p 'Pa1nt
of Tha enaya thonae l;art'h 23 de.grea 25 minutgn 29 aoaanda Wcat,
for'3gs,p2 ,foot to, .tho ,l�ojnt 04` treg,i,n'i'nt, ,41pot matttiioltad tbr,aa
.00Oraog,l inp polria'ident'with portlion,gt tho.Aforamentib'nad "002..
C0Ut er, euf,guziq x"t%& ip,H ClAtUGOTUti'Xs+ tfl[?'"l.
Os
Tract E of First Addition to Clauphton Subdivision on CI ghton Islentl, according 10 the Plat thereof, recorded In plat Book 140, Page 5 of tho Public
Rocords of Dade County,,Floiida.
•and -
Tracts S and C of Claudhtan Subdivision on Claughton Island, ucco►ding t� the
Plat thereof, recorded In Plat Book 133, Page 18 of the Public Records of P ado
County, Florida
vi
EXHIBIT A
VIED
EXHIBIT "Ij"
SUPPLEMENT GRAPHIC
Brickell Key DRI -- subject amendment area
EXHIBIT "C"
Traffic Count Data — provided by David Plummer & Associates
1750 PONCE DE LEON BOULEVARD, CORAL GABLES, FLONDA 33134
305 447.0900 • FAX 30544.498G • EMAIL: DPA@DPWMMER,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
hlertard Iswireprops.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 he 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).
ORAL GABLES • FORT MYERS
Mr. Chris Gandolfo
Re: Brickell Key Traffic Evaluation - ##1422l
Page 2 of 4
A summary of the traffic count data during the pin peals 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, Brickell Key has the following land uses and intensities on site:
• 3,093 DUs of residential condominium--11
• 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.
dpw
Mr. Chris Gandolfo
Re: Brickell Key Traffic Evaluation - #14221
Page 3of4
Exhibit 2 - Trip Generation Calculations
o
AM Peak Hour
PM Peak Hour
Daily
In
Out
Total
In
Out
Total
Existing Traffic Counts on the Brickeii 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 324,6205F
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 424,620SF
3,940
535
73
608
94
460
554
Specialty Retail 70,979SF
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
Hotels 329 Rooms
2,688
102
72
174
102
95
197
Office 1,050,0005F
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 30,000 SF
2,699
0
0
0
151
74
225
TOTAL
33,175.
1,517
1,006
2,523.
1,392
1,782
3,175
INTERNAL CAPTURE
-7,793
-361
-132
-456
-414
-558
-969
External Vehicular Trips
25,382
1,156
874
2,067
978
1,225
2,206
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 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 1.8% 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,
Timothy J. Ph'i er, PE
President
Appendices
Brickell Key Traffic Evaluation August 2015 REV,docx
EXHIBIT " I "
Communication from Department of Economic Opportunity and South Florida Regional
Planning Council
Rick Scott
GOVERNOR
FLORIDA DEPAF2i7+I ENT •«`
ECONOMIC OPPoRTUNrrY
July 22, 2015
Ms. Lucia Dougherty
Shareholder
Greenberg Traurlg, 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 (DRi) may be
reviewed and adopted as a non -substantial amendment to the development order (DA.)
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.D. 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 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.
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 Nliaml approves the
change it will not require the flung 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 (850717-8512 or via e-mail at
James,Stansbury@deo,mvfiorlda.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
Lucia, thanks for the update. I do not anticipate any issues based on your assessment below and the
always comprehensive response provided by James on August 26th. I only wish my other "DRI related"
issues would be so simple, e.g. DT Areawide, CRA areawide and the non DRI mega mall!. Sometime I
would like to sit down with you and get your take on the situation going forward. Many of our partners
want to protect their DRI rights and others regret there is not a process that will provide the same
protection for new projects. What is the best use of the RPCs limited resources and time? How can we
best assist local governments and private developers? It is time for some new approaches,
Best,
Jim
James F. Murley
Executive Director
South Florida Regional Council
SF
September 09, 2015
Ms.Lucia Dougherty
Greenberg Traurig, P.A.
333 SE 21,d Avenue, Suite 4400
Miami, Florida 33131
Re: Brickell Key DRI
Dear Ms. Dougherty:
RC
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
J
South Florida Regional Council
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
954.985.4416 Phone, 954.985-4417 FAX
www.sfregionalcouncil.org
o-hitoif- F
M � � b
rt. anti
August 24, 2015
Ms. Lucia Dougherty, Esq.
Greenberg Traurig
333 SE 2 Avenue, 40th Floor
Miami, FL 33131
DANIEL J. ALFONSO
City Manager
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 of2
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 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.
S incer
ire e S. Hegedus, A 22C, ACHA
Zo .ling Administrator
cc: Francisco J. Garcia, Director of Planning & Zoning
BR CKELL KEY CALCULATIONS - FAR
RESIDENTIAL
OFFICE
RETAIL
RESTAURANT
PROPOSED
650
100, 000.00
50,000.00
25,000,00
175,000.00
EXISTING
3093
324,602.00
20,979.00
3,303.00
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
`7'9
NON RESIDENTIAL
RESIDENTIAL USE
1,200,000.00 (Including 150,000 retail use
3075
NON RESIDENTIAL
RESIDENTIAL
RESIDENTIAL SF LEFT
TOTAL FAR REMAINING
ALLOWED
1,200,000.00
3075
5,011,325
Total FAR - 1,200,000
EXISTING
348,884.00
3093
4,961,452
Used FAR -existing
non-residential
725,989 668
Toal non-resi left+ Proposed number of
Total real left of units
REMAINING
851,116,00
-18
49,173
Total FAR -
Non-residential
remaining
1087
Average area
per unit
PROPOSED TOTAL
3743
424, 602,00
70,979.00
28,303.00
523,884,00
PROPOSED TOTAL LEFT
175,000,00 676,116.I
650 668
900,989
NNICKELL KEY CALCULATIONS - FAR
OVERALL ISLAND FAR SF ALLOWED _
ACRE 44.01
FAR 3,24
TOTAL FAR 6,211,325
OVERALL ISLAND FAR USED _
SF
5,310,336
TOTAL REMAINING FAR
SF
900,989
per signed and sealed calculations by architect
Total allowed FAR -total used FAR
OVERALL ISLAND ALLOWED SF PER USE
NON-RESI
1,200,000
RESI USE
5,01 1,325
OVERALL ISLAND USED PER SF
NON-RESI
348,884
RESI USE
4,961,452
NON -REST SF LEFT
851,116
RESI SF LEFT
49,873
TOTAL SF LEFT
900,989
sr development agreement
otal allowed FAR -total allowed non-residential
AR (6,211,325-1,200,000)
Existing noon-resientlal 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 -REST LEFT
676,1 16 TO BE CONVERTED TO REST
REST SF LEFT 49,873
TOTAL 725,989 TOTAL REST 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
City of Miami
Master Report
Enactment Number: 13572
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01219
File Type: Ordinance Status: Passed
Version: 4 Reference:
File Name: Brickell Key DRI Development Order
Controlling Body: City Attorney
Introduced: 9/11/2015
Requester: Cost: Final Action: 10/22/2015
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
RESOLUTION NO. 85-812, AS AMENDED FROM RESOLUTION NO. 75-135, THE BRICKELL
KEY DRI DEVELOPMENT ORDER SUBJECT TO SECTION 380.06(19)(e)(2)(k), FLORIDA
STATUTES, FOR REAL PROPERTY LOCATED AT APPROXIMATELY 750 CLAUGHTON ISLAND
DRIVE, MIAMI, FLORIDA, AS DESCRIBED HEREIN (EXHIBIT "A"); BY REDUCING THE
PERMITTED NON-RESIDENTIAL FLOOR AREA BY 676,116 SQUARE FEET, INCREASING THE
NUMBER OF RESIDENTIAL UNITS BY 668, AND BY PERMITTING A 3. 5-ACRE LINEAR PARK
AND A 0.25 ACRE PARK ON THE ISLAND; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Sponsors:
Notes:
Indexes:
Attachments:
15-01219 PZAB 09-29-15 Supporting Documentation.pdf,15-01219 10-08-15 CC Fact
Sheet.pdf,15-01219 SR Fact Sheet.pdf,15-01219 Analysis & PZAB Reso.pdf,15-01219 Application &
Supporting Docs.pdf,15-01219 Legislation (v2).pdf,15-01219-Submittal-Lucia Dougherty-Brickell Key
Chart.pdf,15-01219-Submittal-Iris Escarra-Brickell Key DRI Development Order
Documents.pdf,15-01219 Legislation [v3].pdf,15-01219 Exhibit A - SUB.pdf,15-01219 Exhibit B -
SUB.pdf,15-01219 Exhibit C - SUB.pdf,15-01219 Exhibit D - SUB.pdf,15-01219 Exhibit E -
SUB.pdf,15-01219 Exhibit F - SUB.pdf,15-01219-Submittal-Planning Department -Exhibit
B.pdf,15-01219-Submittal-Planning Department -Exhibit C.pdf,15-01219-Submittal-Planning
Department -Exhibit D.pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1 Planning, Zoning and 9/29/2015 Recommended Pass
Appeals Board Approval with
Conditions
2 Office of the City 10/7/2015 Review Pending
Attorney
3 City Commission 10/8/2015 PASSED ON FIRST Pass
READING WITH
MODIFICATIONS
4 City Commission 10/22/2015 ADOPTED WITH Pass
MODIFICATIONS
4 Office of the City 10/22/2015 Review Pending
Attorney
City of Miami Page 1 Printed on 4/20/2017
City of Miami
Master Report
Enactment Number: 13572
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
4 Office of the Mayor 10/29/2015 Signed by the Mayor
4 Office of the City Clerk 10/29/2015 Signed and Attested
by City Clerk
4 Office of the City 12/9/2015
Attorney
Reviewed and
Approved
Action Note: Modification Made to Reso and Exhibit.
Office of the City
Clerk
City of Miami Page 2 Printed on 4/20/2017