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HomeMy WebLinkAboutAgenda Item Cover PageGliv R �w yr AGENDA ITEM COVER PAGE File ID: #9138 1° AA F Resolution Sponsored by: Mayor Francis Suarez, Commissioner Joe Carollo, Commissioner Jeffrey Watson A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING THAT THE PROPERTY LOCATED AT 700 NORTH MIAMI AVENUE ("PROPERTY') IS NOT SUBJECT TO THE TERMS AND CONDITIONS OF THE SOUTHEAST OVERTOWN- PARK WEST AREAWIDE DEVELOPMENT OF REGIONAL IMPACT AND INCREMENT DEVELOPMENT ORDERS AND THAT THE DEVELOPMENT OF THE PROPERTY IS PERMITTED PURSUANT TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. -,IV ov . City of Miami *' ISS°°1 il°4I° �. °° Legislation Resolution Enactment Number: R-21-0231 File Number: 9138 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:6/10/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING THAT THE PROPERTY LOCATED AT 700 NORTH MIAMI AVENUE ("PROPERTY') IS NOT SUBJECT TO THE TERMS AND CONDITIONS OF THE SOUTHEAST OVERTOWN- PARK WEST AREAWIDE DEVELOPMENT OF REGIONAL IMPACT AND INCREMENT DEVELOPMENT ORDERS AND THAT THE DEVELOPMENT OF THE PROPERTY IS PERMITTED PURSUANT TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the property located at 700 North Miami Avenue ("Property") is a 4.7 acre site that was previously the site of the Miami Arena; and WHEREAS, the Property was originally developed after the Miami Arena Development of Regional Impact ("Miami Arena DRI") was approved by the City Commission on March 31, 1987 pursuant to Resolution No. R-87-299; and WHEREAS, the Miami Arena was constructed in 1988 and ultimately demolished in 2008; and WHEREAS, approximately one (1) year after the Miami Arena DRI was approved by the City Commission, the City Commission approved the Southeast Overtown/Park West Development of Regional Impact ("SEOPW DRI") on February 11, 1988 pursuant to Resolution No. R-88-110; and WHEREAS, the SEOPW DRI was created as an "areawide" DRI under Section 380.06(22), Florida Statutes, and was intended to create incentives for large scale development by eliminating the need for individual projects and to allow for mitigation of impacts on an areawide basis; and WHEREAS, the SEOPW DRI is applicable to the area of the City of Miami ("City") designated in 1982 by Resolution No. R-82-755 as the Southeast Overtown/Park West Community Redevelopment Area ("Redevelopment Area"); and WHEREAS, the SEOPW DRI permitted developments within the SEOPW DRI boundary subject to the inventory of land uses and further through separately authorized phases known as "Increments" (I,II, and III); and WHEREAS, the SEOPW DRI Increment III Development Order was adopted in 2013 pursuant to Resolution No. R-13-0384 and remains valid and effective; and WHEREAS, the Property is located within the area of the City designated in 1982 by Resolution No. R-82-755 as the Redevelopment Area; and WHEREAS, the City Commission previously attempted to exempt existing Developments of Regional Impact ("DRIs") from the definition of Net New Development in the SEOPW DRI Increments; and WHEREAS, it is reasonably clear that while the Miami Arena existed, it and its Development Order were not subject to any of the terms or conditions of the SEOPW DRI; and WHEREAS, the demolition of the Miami Arena has created questions of the effect of the SEOPW DRI, i.e. does the Property, now that the Miami Arena is demolished, get subsumed into the SEOPW DRI or does it stand alone subject only to approvals pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, neither the Miami Arena DRI nor the SEOPW DRI expressly provide for the treatment of properties once the structure or development that was the subject of the exempted existing development order has been demolished; and WHEREAS, the terms and conditions of the SEOPW DRI Development Orders appear to acknowledge that the impact of the Miami Arena had previously been analyzed and mitigated, and thus should be exempted from the SEOPW DRI; and WHEREAS, the Florida Legislature amended Chapter 380, Florida Statutes, effective April 6, 2018, and eliminated state and regional review of existing DRIs and transferred the responsibility for implementation of, and amendments to, DRI development orders to the local governments in which the developments are located; and WHEREAS, the City Commission finds that it previously intended to exempt the Property from the terms and conditions of the SEOPW DRI; and WHEREAS, the City Commission finds that the Miami Arena DRI has sunset; and WHEREAS, nothing in this Resolution shall affect the Property's continued inclusion in the Redevelopment Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission finds that the Miami Arena DRI has ceased and has sunset. Section 3. The City Commission hereby clarifies and determines that the Property is not subject to the SEOPW DRI and that the development of the Property is permitted pursuant to the Miami 21 Code. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ryt6ri i dez, ity ttor ey 6/1/2021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.