HomeMy WebLinkAboutOrdinance 13279A! G.P City of Miami
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Ordinance: 13279
File Number: 11-00380ap
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/28/2011
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE
MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, THE DEVELOPMENT OF APPROXIMATELY 9.038 ACRES SPECIAL
AREA PLAN FOR THE BRICKELL CITICENTRE, A MIXED-USE DEVELOPMENT
GENERALLY BOUND BY BRICKELL AVENUE TO THE EAST, SOUTHWEST 1ST
AVENUE TO THE WEST, SOUTHEAST 6TH STREET TO THE NORTH AND
SOUTHWEST 8TH STREET TO THE SOUTH, MIAMI, FLORIDA, CONSISTING OF:
A) APPROXIMATELY 4.68 MILLION SQUARE FEET OF FLOOR AREA SPLIT
AMONG FOUR CITY BLOCKS; B) APPROXIMATELY 650,110 SQUARE FEET OF
PARKING AREA LOCATED BELOW GRADE; C) APPROXIMATELY 19,700 SQUARE
FEET OF CIVIC SPACE AT THE GROUND LEVELAND APPROXIMATELY 6,500
SQUARE FEET OF CIVIC SPACE ON UPPER LEVELS; D) THESE SQUARE
FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT
TIME OF BUILDING PERMIT, NOT TO EXCEED A TOTAL OF 5,511,492 SQUARE
FEET OF FLOOR AREA OR LESS THAN 19,639 SQUARE FEET OF CIVIC SPACE;
MAKING FINDINGS OF FACTAND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING ASEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the "Brickell CitiCentre" is a 9.038 acres proposal qualifying as a Special Area
Plan ("SAP") as per Article 3, Section 3.9 of the Miami 21 Code, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Zoning Ordinance"), generally bound by Brickell Avenue to the East,
Southwest 1 st Avenue to the West, Southeast 6th Street to the North and Southwest 8th Street to the
South, Miami, Florida, and further described in "Exhibit A" herein; and
WHEREAS, the above location for the proposed "Brickell CitiCentre" SAP is currently
underutilized, mostly consisting of vacant land, and undeveloped lots, secured by a chain link fencing;
and
WHEREAS, the current undeveloped condition of this area negatively impacts the urban fabric
of West Brickell and interrupts linkages necessary to create a safe, enjoyable pedestrian realm; and
WHEREAS, the "Brickell CitiCentre" SAP 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 Downtown area; and
WHEREAS, the proposed SAP will benefit the area by creating residential units, hotel rooms,
and commercial uses promoting its interaction with the adjacent areas, Brickell Miami River and
Downtown; and
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File Number: 11-00380ap
Enactment Number: 13279
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
15, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-030 by a vote of
seven to zero (7-0), item no. 3, recommending APPROVAL with conditions of the SAP as 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 and its citizens to amend its Zoning
Ordinance 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. A SAP attached hereto, is approved subject to the conditions specified herein, and
with the Zoning Ordinance.
Section 3. The SAP includes lower ranking SAP Permits as set forth in the Regulating Plan of
the SAP.
Section 4. The findings of fact set forth below are made with respect to the subject SAP:
The SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. Development proposed in the SAP is expected to cost approximately $700 million exclusive
of land costs and developer fees, and to employ approximately 1,100 FTE (FTE -Full Time Employees)
during a construction period of approximately four (4) years. The project will also result in the creation
of approximately 3,788 (FTE) permanent new jobs.
c. The City Commission further finds that:
(1) The SAP will have a favorable impact on the economy of the City;
(2) The SAP will efficiently use public transportation facilities;
(3) Any potentially adverse effects of the development will be mitigated through
compliance with the conditions of this SAP;
(4) The SAP will efficiently use necessary public facilities;
(5) The SAP will not negatively impact the environment and natural resources of the City;
(6) The SAP will not adversely affect living conditions in the neighborhood;
(7) The SAP will not adversely affect public safety;
(8) Based on the record presented and evidence presented, the public welfare will be
served by the SAP; and
(9) Any potentially adverse effects arising from this development not limited to safety and
security, fire protection, solid waste, heritage conservation and trees will be mitigated through
compliance with the conditions of this SAP.
Section 5. The SAP, inclusive of the Development Agreement, Design Guidelines and
Regulating Plan, as approved, shall be binding upon the Applicant and any successors in interest.
Section 6. The application for SAP, which was submitted on May 9, 2011, and on file with the
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Hearing Boards Section of the Planning Department, shall be relied upon generally for administrative
interpretations and is incorporated by reference.
Section 7. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Ordinance and attachments to the Applicant upon final approval.
Section 8. The Findings of Fact and Conclusions of Law are made with respect to the SAP as
described herein and in documents incorporated hereto.
Section 9. The SAP for the "Brickell CitiCentre" is granted and approved.
Section 10. In the event that any portion or section of this Ordinance or the SAP 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 Ordinance or SAP which shall remain in full
force and effect.
Section 11. The provisions for this SAP, as approved, shall commence and become operative
thirty (30) days after the final adoption of the Ordinance.
Section 12. This Ordinance shall become effective immediately upon its final adoption and
signature of the Mayor, following any applicable appeal period. {1}
Section 13. The Zoning Ordinance is hereby amended by adding "Appendix E: BRICKELL
CITICENTRE SAP" to said Ordinance, as follows:
APPENDIX E: "BRICKELL CITICENTRE SAP"
Exhibit "A": Legal Description
Exhibit "B": "Brickell CitiCentre" SAP Development Agreement
Exhibit "C": "Brickell CitiCentre" SAP Design Guidelines
Exhibit "D": "Brickell CitiCentre" SAP Regulating Plan
CONDITIONS
Based on analysis and findings, the Planning Department recommends approval of the "Brickell
CitiCentre" SAP with the following conditions:
1) 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.
2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion,
and to make recommendations concerning security measures and systems; further submit a report
to the Planning Department, prior to commencement of construction, demonstrating how the Police
Department recommendations, if any, have been incorporated into the SAP security and
construction plans, or demonstrate to the Planning Director why such recommendations are
impractical.
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3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating applicant's
coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in
the review of the scope of the SAP, owner responsibility, building development process and review
procedures, as well as specific requirements for fire protection and life safety systems, exiting,
vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the
SAP has addressed all concerns of the said Department prior to the obtaining a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor
Participation Plan) submitted to the City as part of the Application for Development Approval, with
the understanding that the Applicant must use its best efforts to follow the provisions of the City's
Minority/Women Business Affairs and Procurement Program as a guide, as applicable.
6) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of
any building permit:
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a mandatory
property owner association in perpetuity; and
Record in the Public Records 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.
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of
the documents mentioned in condition (6) above.
8) Provide the Planning Department with a temporary construction plan that includes the following:
Temporary construction parking plan, with an enforcement policy;
Construction noise management plan with an enforcement policy; and
Maintenance plan for the temporary construction site; said 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 construction plan; failure to comply may lead to a suspension or
revocation of this Major Use Special Permit.
9) Prior to the issuance of any building permit, the applicant shall provide the Office of Zoning and
Planning Department for review and approval:
Revised Sign Standards from the Submittal dated July 15, 2011.
Environmental Impact Statement for lots included in SAP site.
Sufficiency Letter from the City of Miami, Office of Transportation.
Final determination of Public School Concurrency and Capacity Reservation.
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Conservation Assessment Report (project location is within an high Archeological Probability Zone)
Revised set of plans addressing:
o All required bicycle parking shall be covered.
o Drop-off area, habitable liners and screening elements.
o All loading entry and exit points shall be screened by opaque gates that match the color of
the adjacent building fagade.
o Vehicular entry and exit points at minimum dimensions (height and width) necessary to
fulfill purpose.
o All ground floor frontages along Southwest & Southeast 8th Street, Southwest & Southeast
7th Street and South Miami Avenue shall be lined with active uses that have direct access
from the street.
o Additional plans with sufficient details on plans, sections and elevations for Metromover/
Office block, and Civic Space area.
o Proof of the payment of the Downtown Development of Regional Impact fees.
10) The "Brickell CitiCentre" SAP includes a Development Review Process which addresses the build
out of the individual projects as identified in the Regulating Plan.
11) If the project is to be developed in phases and/or individual specific projects, the Applicant shall
submit an interim plan, including a landscape plan, which addresses design details for the land
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.
12) The applicant shall meet conditions identified in this Ordinance, with the "Brickell CitiCentre" SAP
and all applicable regulations from local, state and federal agencies.
13) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development
Agreement specifying that the Development Agreement runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or severally.
THE CITY OF MIAMI SHALL:
Establish the operative date of this Development Agreement as being thirty (30) days from the
date of its final adoption; the final adoption date shall constitute the commencement of the thirty (30)
day period to appeal the provisions of the Development Agreement.
CONCLUSIONS OF LAW:
The "Brickell CitiCentre" SAP, as approved complies with the Miami Comprehensive
Neighborhood Plan as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations pursuant to the Zoning Ordinance Code.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Footnotes:
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{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor
within ten 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.
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