HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), APPROVING THE THIRD
AMENDMENT TO THE PREVIOUSLY APPROVED "BRICKELL CITY
CENTRE SPECIAL AREA PLAN" ("BCC SAP") TO ADD ADDITIONAL
PROPERTIES GENERALLY LOCATED AT 500, 602, 614, 622, 626, 630,
AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55
SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," ATTACHED AND INCORPORATED; SPECIFICALLY APPROVING
A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES)
OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235
SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL /
ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF
810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL
COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D)
INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES
FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE
AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET
FOR A TOTAL OF 58,400 SQUARE FEET, THE SQUARE FOOTAGES
LISTED ABOVE ARE APPROXIMATE AND MAY INCREASE OR
DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A
TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA OR PROVIDE
NO LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE AND NO
LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; FURTHER
AMENDING THE BOUNDARY OF THE PREVIOUSLY APPROVED BCC
SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION(S): Approximately 500,602,614,622-640 S. Miami Avenue, and 11-55 SW 7t" St,
and 19-42 SW 6t" St [Commissioner Ken Russell — District 2]
APPLICANT(S): Spencer Crowley, Esquire, on behalf of BCC Road Improvement LLC,
Tobacco Road Property Holdings, LLC, and 2 Indian Creek Holdings LLC
PURPOSE: To amend the previously approved Brickell City Centre Special Area Plan to add
2.39 acres of land for a total development area of 13.96 acres.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval, with conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on
October 17, 2018, by a vote of 7-1.
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212019
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L oaR Ordinance www.miamigov.com
Enactment Number:13824
File Number: 5093 Final Action Date: 1/24/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"),
APPROVING THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED "BRICKELL
CITY CENTRE SPECIAL AREA PLAN" ("BCC SAP") TO ADD ADDITIONAL PROPERTIES
GENERALLY LOCATED AT 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI
AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42
SOUTHWEST 6 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; SPECIFICALLY APPROVING A)
ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR
A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B)
INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A
TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT
BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES
ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E)
INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718
SQUARE FEET FOR A TOTAL OF 58,400 SQUARE FEET, THE SQUARE FOOTAGES
LISTED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME
OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF
FLOOR AREA OR PROVIDE NO LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE
AND NO LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; FURTHER AMENDING
THE BOUNDARY OF THE PREVIOUSLY APPROVED BCC SAP; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Ordinance No. 13279 adopted on July 28, 2011, the Miami City
Commission approved the original "Brickell CitiCentre Special Area Plan" ("BCC SAP"), a 9.038
acre Special Area Plan established pursuant to Articles 3 and 7 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code), that is generally
bound by Brickell Avenue to the east, Southwest 1 Avenue to the west, Southeast 6 Street to
the north, and Southwest 8 Street to the south in Miami, Florida; and
WHEREAS, pursuant to Ordinance No. 13369 adopted on March 28, 2013, the Miami
City Commission approved an amendment to the BCC SAP to include an additional 0.98 of
acres of land known as the "N2" block generally located north of the existing BCC SAP and
bounded by Southeast 5 Street to the north, Southeast 1 Avenue to the east, Southeast 6 Street
to the south, and South Miami Avenue to the west, resulting in a total of 10.01 acres; and
WHEREAS, pursuant to Ordinance No. 13369, the Miami City Commission approved
amending the BCC SAP to rename the project from "Brickell CitiCentre" SAP to "Brickell
CityCentre" SAP; and
WHEREAS, pursuant to Ordinance No. 13440 adopted on March 27, 2014, the Miami
City Commission approved an amendment to the BCC SAP to include an additional 1.55 acres
of land known as "One BCC' generally located east of the existing BCC SAP and bounded by
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212019
Southeast 7 Street to the north, Brickell Avenue to the east, Southeast 8 Street to the south,
and the 8 Street Metro Mover right -of way to the west, resulting in a total of 11.57 acres; and
WHEREAS, BCC Road Improvement LLC, Tobacco Road Property Holdings, LLC, and
2 Indian Creek Holdings, LLC (collectively, "Applicant") are proposing a third amendment to the
BCC SAP, Regulating Plan, and Design Guidelines to incorporate two (2) additional
development sites totaling 2.39 acres known as "BCC 650 SMA" and "BCC AP," located at 500,
602, 614, 622, 626, 630, and 640 South Miami Avenue, 11, 21, 31, 37, 45, and 55 Southwest 7
Street, and 19 and 42 Southwest 6 Street, Miami, Florida, as more specifically described in
Exhibit 'A" attached and incorporated (collectively, "Properties"), resulting in a total of 13.96
acres; and
WHEREAS, the Properties are generally located adjacent to and northwest of the
existing BCC SAP and bounded by Southwest Miami Avenue Road to the north, South Miami
Avenue (northbound) to the east, and Southwest 7 Street to the south, as further described in
Exhibit 'A" attached hereto and incorporated; and
WHEREAS, the Properties are currently zoned T6 -48b-0 and have a Future Land Use
designation of Restricted Commercial; and
WHEREAS, no change is proposed to the underlying Transect Zone or Future Land Use
designation as part of the subject amendment to the BCC SAP; and
WHEREAS, the subject amendment proposes approximately 2,035,924 square feet of
development consisting of approximately 972 residential dwelling units; 87,284 square feet of
commercial space; 1,231 parking spaces; and 11,718 square feet of civic space across the two
(2) Properties; and
WHEREAS, the BCC SAP project integrates public improvements and infrastructure
while providing greater flexibility resulting in higher or specialized quality building and
streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization
and enhancement of the City of Miami's ("City") Downtown area; and
WHEREAS, the expanded BCC SAP will benefit the area by creating residential units
and commercial uses, promoting its interaction, and making connections with the adjacent
areas, including Brickell, the Miami River, and Downtown; and
WHEREAS, the Applicant has submitted a revised Regulating Plan, Design Guidelines,
and Concept Book, which have been reviewed by the Planning Department; and
WHEREAS, the Planning Department has referred the proposed BCC SAP amendment
to the Urban Development Review Board ("UDRB") and Coordinated Review Committee
("CRC"); and
WHEREAS, based on analysis and findings, the Planning Department recommends
approval of the amended BCC SAP with the following conditions:
1) The development shall be substantially in accordance with the Concept Book and Design
Guidelines titled "Brickell City Centre SPECIAL AREA PLAN AMENDMENT - 3rd
AMENDMENT, 650 SMA & AP" as prepared by Arquitectonica and Kimley Horn consisting
of 86 pages and 76 pages, respectively, dated stamped received by Hearing Boards,
September 26, 2018.
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212019
2) The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City's building permit process.
3) The Applicant, owner, or successor will provide a landscape plan prepared by a certified
landscape architect to be submitted to the Planning Department for approval.
4) The Applicant, owner, or successor must meet all applicable building codes, land
development regulations, ordinances, and other laws and pay all applicable fees due prior to
the issuance of any building permit.
5) The Applicant, owner, or successor must comply with all applicable regulations of Chapter
24 of the Miami -Dade County Code, as amended, titled "Environmental Regulations."
6) The Applicant, owner, or successor must allow the Miami Police Department ("MPD") to
conduct a security survey, at MPD's sole discretion, to make recommendations concerning
security measures and systems.
7) The Applicant, owner, or successor must submit a report to the Planning Department, prior
to commencement of construction, demonstrating how MPD's recommendations, if any,
have been incorporated into the BCC SAP's security and construction plans or demonstrate
to the Planning Director why such recommendations are impractical.
8) The Applicant, owner, or successor must obtain approval from or provide a sufficiency letter
from the Department of Fire -Rescue to the proposed BCC SAP amendment prior to
obtaining a building permit.
9) The Applicant, owner, or successor must obtain approval or provide a letter of assurance
from the Department of Solid Waste to the proposed BCC SAP amendment prior to
obtaining a building permit.
10) The Applicant, owner, or successor must show compliance with the Minority Participation
and Employment Plan (including a Contractor / Subcontractor Participation Plan), which
shall be submitted to the City prior to the issuance of any building permit. The Applicant,
owner, or successor shall follow the provisions of the City's Minority Women Business
Affairs and Procurement Program as a guide, as applicable.
11) The Applicant, owner, or successor must record the following in the Public Records of
Miami -Dade County, Florida prior to the issuance of any building permit:
a. Declaration of Covenants and Restrictions providing that the ownership, operation,
and maintenance of all Civic and Open Spaces, and any related improvements
located thereon, shall be the sole responsibility of the Applicant, its successor(s), or
its designee in perpetuity, subject to the review and approval of the City Attorney's
Office; and
b. A Unity of Title or a Covenant in Lieu of a Unity of Title, if applicable, subject to the
review and approval of the City Attorney's Office.
12) The Applicant, owner, or successor must provide the Planning Department with a temporary
construction plan that addresses construction phasing and includes the following elements:
a. Temporary construction parking plan with an enforcement policy;
b. Construction noise management plan with an enforcement policy; and
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212019
c. Maintenance plan for the temporary construction site.
13) The temporary construction plan shall be subject to the review and approval by the Planning
Department prior to the issuance of any building permits and shall be enforced during
construction activity. All construction activity shall remain in full compliance with the
provisions of the submitted temporary construction plan. Failure to comply with the
temporary construction plan may lead to a suspension or revocation of this BCC SAP.
14) As applicable, BCC Road Improvement LLC and all other appropriate entities, as defined in
the BCC SAP, shall be responsible for securing the City's approval for any change or
modification to the approved temporary construction plan. Request for approval of any
change or modification to the previously approved temporary construction plan shall be
submitted for review and approved no later than two (2) weeks prior to implementation of
any proposed change or modification.
15) Prior to the issuance of any building permit, the Applicant, owner, or successor shall provide
the Planning Department for review and approval:
a. Environmental Impact Statement and final reports for the amended BCC SAP site,
inclusive of "BCC 650 SMA" and "BCC AP".
b. Provide a current and complete survey with acreage of all lots included in the
amended BCC SAP site, inclusive of "BCC 650 SMA" and "BCC AP".
c. Sufficiency Letter from the Office of Capital Improvements for the amended BCC
SAP site, inclusive of "BCC 650 SMA" and "BCC AP".
d. Final determination of Public School Concurrency and Capacity Reservation.
e. Conservation Assessment Report (project is located within a high Archeological
Probability Zone).
Proof of compliance with conditions established by the following Departments or
Agencies:
• City's Department of Resilience and Public Works;
• Miami -Dade County Department of Transportation and Public Works;
• Miami -Dade County Water and Sewer Department;
• Miami -Dade County Traffic Engineering Division; and
• Florida Department of Transportation ("FDOT").
16) The Applicant, owner, or successor shall propose specific resilience measures that will apply
to the amended BCC SAP given the project's location in the Coastal High Hazard Area.
Those measures shall be reviewed by the Department of Resilience and Public Works prior
to second reading before the City Commission.
17) The proposed amendment to the BCC SAP includes a Development Review Process which
addresses the build out of the project as identified in the Regulating Plan. All development
within this amended BCC SAP shall be submitted for review by SAP Permit and approved
by the Planning Director prior to the issuance of any building permit consistent with the
requirements of Section 3.9.1.g. of the Miami 21 Code and the amended BCC SAP.
18) If the project is to be developed in phases and/or individual specific projects, the Applicant,
owner, or successor shall submit an interim plan, including a landscape plan developed in
compliance with Article 9 of the Miami 21 Code, which addresses design details for the land
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occupying future phases of this project. In the event that the future phases are not
developed, said plan shall include a proposed timetable, and shall be subject to review and
approval by the Planning Director.
19) The Applicant, owner, or successor shall comply with the recommendations of the UDRB.
20) The Applicant, owner, or successor shall comply with the recommendations of the CRC.
21) All art installed in Civic Spaces shall be reviewed and approved by the Planning Director
with the recommendation of the Public Art Division.
22) The Applicant, owner, or successor shall obtain a certificate to dig prior to any ground
disturbing work.
23) The proposed amended BCC SAP, inclusive of "BCC 650 SMA" and "BCC AP," is located
within the Downtown Development of Regional Impact ("DDRI") area. DDRI fees will be
calculated based on final development program pursuant to the City Code. DDRI credits for
"BCC 650 SMA" and "BCC AP" may be reserved upon approval of this amendment but,
without exception, all fees must be paid prior to the issuance of any building permit.
24) The Applicant, owner, or successor shall meet all conditions identified in this Ordinance and
all applicable local, state, and federal regulations.
25) Within ninety (90) days of the effective date of this Ordinance, the Applicant, owner, or
successor must record a certified copy of the amended Development Agreement specifying
that the Development Agreement runs with the land and is binding on the Applicant, its
successors, and assigns, jointly and severally.
Regulating Plan Conditions
26)Article 4, Table 5, Building Function: Parking and Loading, of the Regulating Plan shall
permit a reduction in required loading berths by SAP Permit to be accompanied by a loading
feasibility study.
27) For the "BCC 650 SMA" and "BCC AP" blocks, a cross -block Paseo providing a clear path of
a minimum of ten (10) feet in width, including landscaping, is required from Southwest 7
Street to South Miami Avenue (southbound) and from South Miami Avenue (southbound) to
Southwest Miami Avenue Road, respectively. In no event shall the clear walking path be
less than eight (8) feet in width nor shall the landscaping area be less than two (2) feet in
width. The Paseo shall be lined with active uses having frequent doors and windows on one -
side or be anchored on one end by Civic Space and any deviations shall be approved by
SAP Permit.
28) Section 5.6.2.f Building Configuration (T6) of the Regulating Plan shall permit loading
access from all Frontages by SAP Permit. Architectural treatments applied to exposed
spaces shall create a finished appearance.
29) Section 5.6.4.a. Parking Standards (T6) shall permit above ground parking to extend into the
Second Layer by SAP Permit with an art, glass, or Architectural Treatment of a design to be
approved by the Planning Director with the recommendation of the UDRB, providing for one
hundred percent (100%) of that portion of the Pedestal Fagade.
30) Section 5.6.5.b. Architectural Standards (T6) of the Regulating Plan shall permit display
windows to count towards up to twenty-five percent (25%) of the ground level transparency
requirement by SAP Permit.
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212019
31) Article 4, Table 6 Frontages of the Regulating Plan shall permit an Arcade Frontage with a
minimum width of eight feet (8') in the "BCC 650 SMA" development site only; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
17, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-055 by a
vote of seven to one (7-1), Item No. PZAB.7, recommending approval with the above -
referenced conditions of the requested third amendment to the BCC SAP; and
WHEREAS, consideration has been given to whether the proposed amendment to the
BCC SAP will further the goals, objectives, and policies of the Comprehensive Plan, the Miami
21 Code, and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed
amendment to the BCC SAP, including changed or changing conditions that make the passage
of the proposed amendment to the BCC SAP necessary; and
WHEREAS, the proposed amendment to the BCC SAP maintains the goals of the Miami
21 Code to preserve neighborhoods and provide transitions in intensity and building height; and
WHERAS, after careful consideration, the City Commission deems it advisable and in
the best interest of the general welfare of the City and its residents to approve, with conditions,
the proposed third amendment to the BCC SAP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby approves, subject to the conditions specified
herein and the Miami 21 Code, the third amendment to the BCC SAP.
Section 3. The findings of fact set forth below are made with respect to the amended
BCC SAP:
a) The amended BCC SAP is consistent with the Miami Comprehensive Neighborhood
Plan, as amended ("MCNP");
b) The City Commission further finds that:
1) The third amended BCC SAP will have a favorable impact on the economy of the
City;
2) The third amended BCC SAP conforms to the requirements of the Miami 21 Code;
3) The third amended BCC SAP will efficiently use public transportation facilities;
4) Any potentially adverse effects of the development, including but not limited to safety
and security, fire protection, solid waste, heritage conservation, and trees will be
mitigated through compliance with the conditions of this third amended BCC SAP as
stated herein;
5) The third amended BCC SAP will efficiently use existing public and civic spaces;
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212019
6) The third amended BCC SAP will not negatively impact the environment or any
natural resources of the City;
7) The third amended BCC SAP will not adversely affect living conditions in the
neighborhood;
8) The third amended BCC SAP will not adversely affect public safety; and
9) The public welfare will be served by the third amended BCC SAP.
Section 4. The conclusions of law set forth below are made with respect to the third
amended BCC SAP:
a) The third amended BCC SAP complies with the MCNP; is consistent with the orderly
development and goals of the City; and complies with local land development
regulations pursuant to the Miami 21 Code.
b) The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City.
Section 5. It is further determined by the City Commission that the third amended BCC
SAP, including the amended Regulating Plan, attached and incorporated as Exhibit "B," the
amended Design Guidelines, attached and incorporated herein as Exhibit "C," and the Concept
Book, attached and incorporated as Exhibit "D," as approved, shall be binding upon the
Applicant and any and all successors in interest.
Section 6. It is further determined by the City Commission that the application to amend
the BCC SAP, which was submitted on September 26, 2018 and is on file with the Hearing
Boards Division of the Planning Department, shall be relied on generally for administrative
interpretations and is incorporated by reference.
Section 7. The conditions as recommended by the Planning Department and stated
herein are incorporated and adopted as conditions of the City Commission as if fully set forth in
this Section.
Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 9. This Ordinance shall be effective upon adoption by the City Commission.'
APPROVED AS TO FORM AND CORRECTNESS:
I
"AT -N N4?
Vi. ria Mrndeez,CCiity Httor ey 1 2/3/2018 i ria i "ndez, City xttor iey 1/14/2019
File was inadvertently incremented from version A to version B. No changes were made to version A.
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami File ID: 5093 (Revision: 8) Printed On: 212212015