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Ordinance: 14002
File Number: 8725
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/27/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING THE SECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT ("AGREEMENT") PURSUANT TO CHAPTER 163, FLORIDA
STATUES, BETWEEN THE MIAMI DESIGN DISTRICT RETAIL STREET
("MDDRS") SPECIAL AREA PLAN ("SAP") APPLICANT ENTITIES DESCRIBED
IN EXHIBIT "C", ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI
("CITY") TO GOVERN THE MDDRS SAP COMPRISED OF APPROXIMATELY
22.56 ACRES OF PROPERTY FOR THE PURPOSE OF A) UPDATING THE
APPLICANT ENTITIES TO REFLECT THE LATEST OWNERSHIP; B)
ESTABLISHING A DENSITY AND INTENSITY TRANSFER PROGRAM; C)
UPDATING REGULATIONS FOR ALCOHOL BEVERAGE SALES; AND D)
MODIFYING REVIEW OF REQUIRED CROSS -BLOCK PEDESTRIAN
CONNECTIONS BETWEEN NORTHEAST 38 STREET AND NORTHEAST 39
STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the original Miami Design District Retail Street ("MDDRS") was a 19.08 acre
Special Area Plan ("SAP") approved on July 26, 2012 by Ordinance No. 13334 pursuant to
Article 3 and Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"); and
WHEREAS, pursuant to Ordinance No. 13414 adopted on October 24, 2013, an
amendment was made to the MDDRS SAP by adding twelve (12) new properties and adjusting
the original development program to include an additional 86,263 square feet of lot area for a
new lot area total of 917,495 square feet, or approximately 21.06 acres, pursuant to Article 3
and Article 7 of the Miami 21 Code; and
WHEREAS, pursuant to Ordinance No. 13505 adopted on March 12, 2015, another
amendment was made to the MDDRS SAP that added two (2) new properties and adjusted the
development program to include an additional 80,976 square feet of lot area for a new lot area
total of 995,668 square feet, or approximately 22.86 acres; and
WHEREAS, pursuant to Ordinance No. 13604 adopted on April 28, 2016, another
amendment was made to the MDDRS SAP that removed two (2) existing properties and
adjusted the original development program to remove approximately 13,068 square feet of lot
area for a new lot area total of 982,600 square feet, or approximately 22.56 acres; and
WHEREAS, on January 24, 2019, the City Commission approved an amendment to the
Master Development Agreement pursuant to Ordinance No. 13802 which removed Flagler
Holding Group, Inc. ("Flagler') from the Master Development Agreement as recorded at Official
City of Miami Page 1 of 3 File ID: 8725 (Revision: A) Printed On: 912012021
File ID: 8725 Enactment Number: 14002
Records Book 31455, Page 2650 of the Public Records of Miami -Dade County, Florida and the
City Commission approved a companion item approving a separate development agreement
with Flagler; and
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within an
SAP shall be pursuant to a recorded Development Agreement; and
WHEREAS, the Applicant Entities have submitted an application for an additional
amendment to the previously approved MDDRS SAP ("Project"), attached and incorporated as
Exhibit "A", and are required to enter into a Development Agreement, attached and incorporated
as Exhibit "B", pursuant to Chapter 163, Florida Statutes, and Section 3.9.1.f. of the Miami 21
Code; and
WHEREAS, the Applicant Entities propose to amend the Development Agreement by
updating the Applicant Entities to reflect the latest ownership; establishing a Density and
Intensity transfer program; updating regulations for Alcohol Beverage Sales; and by modifying
review of required Cross -Block Pedestrian Connections between Northeast 38 Street and
Northeast 39 Street; and
WHEREAS, the proposed amendment does not change the current boundaries or size
of the MDDRS SAP; and
WHEREAS, the Planning Department deems that the Development Agreement must
contain a series of safeguards for the Applicant and for the City as well, for which an annual
report of activities is required; and
WHEREAS, the Planning Department recommends approval of the proposed
amendment to the Development Agreement;
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 Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The amendment to the Development Agreement pursuant to Chapter 163,
Florida Statutes, between the Applicant Entities and the City to govern the development of the
MDDRS SAP is hereby approved.
Section 3. The City Manager is authorized' to execute the amended Development
Agreement, in substantially the form attached as Exhibit "B", for said purpose.
Section 4. The Applicant Entities are described and set forth in Exhibit "C", attached and
incorporated, which has been updated to reflect the latest ownership.
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
' The herein authorization is further subject to compliance with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions.
City of Miami Page 2 of 3 File ID: 8725 (Revision: A) Printed on: 912012021
File ID: 8725
Enactment Number: 14002
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, ity Attor iey 9/20/2021
2 This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten days of 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 3 of 3 File ID: 8725 (Revision: A) Printed on: 912012021