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=° Ordinance: 13369
File Number: 11-00380ap1
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/28/2013
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,
AN AMENDMENT TO THE PREVIOUSLY -APPROVED BRICKELL CITICENTRE
SPECIAL AREA PLAN (BCC SAP), CHANGING THE NAME OF THE PROJECT
FROM BRICKELL CITICENTRE TO BRICKELL CITYCENTRE, AND BY ADDING
ADDITIONAL PROPERTIES GENERALLY BOUNDED BY SOUTHEAST 5TH
STREET ON THE NORTH, SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH
MIAMI AVENUE ON THE WEST AND SOUTHEAST 1ST AVENUE ON THE EAST,
MIAMI, FLORIDA; THE ADDITIONAL PROPERTIES HEREINAFTER KNOW AS
"BCCN2" WILL: A) ADD APPROXIMATELY 42,821 SQUARE FEET (0.98 ACRE) OF
LOT AREA FOR A TOTAL COMBINED LOT AREA OF 436,499 SQUARE FEET; B)
INCREASE THE RETAIL/ENTERTAINMENT AREA BY 80,070 SQUARE FEET FORA
TOTAL OF 636,271 SQUARE FEET; C) INCREASE THE RESIDENTIAL
COMPONENT BY 350 UNITS FORA TOTAL OF 1,174 UNITS; AND D) INCREASE
PARKING SPACES BY 772 SPACES FORA TOTAL OF 5,519 SPACES. THE
SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR
DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF
6,415,877 SQUARE FEET OF FLOOR AREA OR LESS THAN 26,000 SQUARE
FEET OF CIVIC SPACE; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the original "Brickell CitiCentre" is a 9.038 -acre Special Area Plan ("SAP")
approved on July 28, 2011 (Ordinance No. 13278), pursuant to Articles 3 and 7 of the Miami 21 Code,
the Zoning Ordinance of the City of Miami, Florida, ("Zoning Ordinance"), with current general
boundaries of 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
WHEREAS, the applicant wishes to amend the SAP by renaming the project from BRICKELL
CITICENTRE SAP to "BRICKELL CITYCENTRE SAP"; and
WHEREAS, the applicant wishes to further amend the Special Area Plan its Regulating Plan
and Design Guidelines by adding abutting parcels to the north of the current northeast boundary of the
Brickell CitiCentre SAP project to include an additional 42,821 square feet of lot area for a new lot area
total of 436,499 square feet or approximately 10.01, said parcel(s) being located and bounded by
Southeast 5th Street, Southeast 1 st Avenue, Southeast 5th Street, and South Miami Avenue, Miami,
Florida; and
WHEREAS, the additional area, hereinafter known as "BCCN2", proposed to be incorporated
into the "Brickell CityCentre" SAP is currently underutilized, mostly consisting of vacant land, and
undeveloped lots; and
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WHEREAS, the "Brickell CityCentre" SAP project integrates public improvements and
infrastructure resulting in higher or specialized quality building and streetscape design; and
WHEREAS, these types of projects are critically important to the economic revitalization and
enhancement of the City of Miami Downtown, Miami River and Brickell area; and
WHEREAS, the expanded "Brickell CityCentre" SAP will benefit the area by creating additional
residential units, hotel rooms, and commercial uses; promoting linkages and interaction with the
adjacent areas in close proximity such as, Brickell Avenue, the Miami River and Downtown; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on February 6,
2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-007 by a vote of
eleven to zero (11-0), item no. 1, and recommended the amended SAP to be approved with conditions
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. The amended SAP, it's Regulating Plan and Design Guidelines, attached hereto, is
approved subject to the conditions specified herein, and with the Zoning Ordinance.
Section 3. The findings of fact set forth below are made with respect to the amended SAP:
a. The SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The City Commission further finds that the amended SAP:
(1) Will have a favorable impact on the economy of the City;
(2) Will efficiently use public transportation facilities;
(3) Will mitigate any potentially adverse effects of the development through compliance with
the conditions;
(4) Will efficiently use necessary public facilities;
(5) 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 4. The SAP, inclusive of the Development Agreement, Regulating Plan and Design
Guidelines, as approved, shall be binding upon the Applicant and any successors in interest.
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Section 5. The amended application for SAP, which was submitted on January 7, 2013, and on
file with the Hearing Boards Section of the Planning and Zoning Department, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 6. 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 7. The Findings of Fact and Conclusions of Law are made with respect to the
amended SAP as described herein and in documents incorporated hereto.
Section 8. The amended SAP for the "Brickell CityCentre" is granted and approved.
Section 9. In the event that any portion or section of this Ordinance or the amended 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 amended SAP
which shall remain in full force and effect.
Section 10. The provisions for this amended SAP, as approved, shall commence and become
operative thirty (30) days after the final adoption of the Ordinance.
Section 11. This Ordinance shall become effective immediately upon its final adoption and
signature of the Mayor, following any applicable appeal period. {1}
Section 12. The Zoning Ordinance and its corresponding Atlas are hereby amended and will
modify "Appendix E: BRICKELL CITICENTRE SAP" of said Ordinance, as follows:
APPENDIX E: "BRICKELL CITYCENTRE SAP"
CONDITIONS
Based on analysis and findings, the Planning Department recommends approval of the proposed
amendment to the "Brickell CityCentre" 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 appropriate time, of BCCN2
, 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, as amended, security and construction plans, or demonstrate to the
Planning Director why such recommendations are impractical.
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
review of BCCN2, owner responsibility, building development process and review procedures, as
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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
BCCN2, now included in the SAP have 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 for BCCN2, 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 no. 6 above.
8) Provide the Planning Department with an amended temporary construction plan, inclusive of
BCCN2, that contains 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 or other agreements and permits as applicable;
failure to comply may lead to a suspension or revocation of this SAP.
9) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning
Department for review and approval:
Environmental Impact Statement for amended SAP site, inclusive of BCCN2.
Sufficiency Letter from the City of Miami, Office of Transportation for SAP site, inclusive of BCCN2.
Final determination of Public School Concurrency and Capacity Reservation for all residential
development within the SAP, inclusive of BCCN2.
Conservation Assessment Report (project location is within an high Archeological Probability Zone)
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Applicants shall work with City staff (Department of Capital Improvements, Cl P) to identify a
solution for potential conflicts that may arise between the proposed development of BCCN2 and
the implementation / completion of the Greenway project on SE 5th Street.
Prior to final approval of this amendment, the applicants shall work with City staff (Office of
Transportation) to review alternatives addressing traffic flow throughout Brickell Avenue.
10) The 'Brickell CityCentre" 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 and Zoning Director.
12) The applicant shall meet conditions identified in this Ordinance, the "Brickell CityCentre" SAP and
all applicable regulations from local, state and federal agencies.
13) The proposed SAP, inclusive of BCCN2, is located within the Downtown Development of Regional
Impact (DDRI) area. DDRI fees will be calculated based on final program. DDRI credits for
BCCN2 may be reserved upon approval of this amendment; but without exception, all fees must be
paid prior to the issuance of any building permit.
14) Within 90 days of the effective date of this Ordinance, 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 or severally.
CONCLUSIONS OF LAW:
The "Brickell CityCentre" SAP, as approved, complies with the Miami Comprehensive
Neighborhood Plan, 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:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and aopted. If the Mayor vetoes this Resolution, it shal become effective
immediately upon override of the veto by the City Commission.
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