HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
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*'`o=R149� File ID: #11663
Date: 03/14/2022 Requesting Department: City Manager's
Office
Commission Meeting Date: 03/24/2022 Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Direct CM - Execute Agreement - Block 55
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC
BENEFITS AGREEMENT("AGREEMENT") BETWEEN THE CITY AND BLOCK 55
RESIDENTIAL, LP, A FLORIDA LIMITED PARTNERSHIP, ("DEVELOPER"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE CONDITION
THAT THE AGREEMENT COMPLIES WITH ALL FEDERAL, STATE, AND LOCAL
LAWS, RULES, AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ZONING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21") (COLLECTIVELY, "CODE"), AND IN THE EVENT THAT THE
AGREEMENT DOES NOT COMPLY WITH THE CODE, THE CITY MANAGER IS
AUTHORIZED, IN HIS SOLE AND ABSOLUTE DISCRETION, TO PROPOSE A
TEXTUAL AMENDMENT TO THE CODE, AT A FUTURE CITY COMMISSION
MEETING, THAT WOULD ALLOW THE AGREEMENT TO ACCOMPLISH ITS
PURPOSE, AND TO ENSURE THAT SUCH TEXTUAL AMENDMENT IS REVIEWED
BY THE REQUISITE CITY BOARDS AND/OR COMMITTEES, INCLUDING BUT NOT
LIMITED TO THE CITY'S PLANNING, ZONING & APPEALS BOARD; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
Background of Item:
WHEREAS, Block 55 Residential, LP, a Florida limited partnership ("Developer"), is the
owner of the property located at 249 NW 6 Street, Miami, Florida (the "Block 55
Property"); and
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency is
a public agency created pursuant to Section 163.356, Florida Statutes (the "CRA"); and
WHEREAS, the CRA's main objective is to lead new development and redevelopment
efforts that accomplish beneficial revitalization within its boundaries within the City of
Miami, Florida ("City"); and
WHEREAS, the CRA was the previous owner of the Block 55 Property and transferred
title of the Block 55 Property to Developer's affiliate, subject to development restrictions;
and
WHEREAS, the City is the owner of the right of way in the location of NW 7th Street
between NW 2nd Avenue and NW 3rd Avenue ("Sawyer's Walk"); and
WHEREAS, consistent with agreements with the CRA, Developer agrees to develop a
mixed -use project to be located on the Block 55 Property consisting of (i) not less than
578 residential units, (ii) not less than 250,000 rentable square feet of
retail/restaurant/entertainment uses and a portion of which may consist of office space,
(iii) a minimum of 925 parking spaces, and (iv) the improvement of the Sawyer's Walk,
all as more particularly described in the Block 55 Restrictive Covenant (collectively, the
"Block 55 Project"); and
WHEREAS, consistent with the loan documents with the City, Developer has agreed to
provide no fewer than two hundred eighty nine (289) affordable rental units (ranging
from 40% to 80% of the median income for the area ("AMI"), as determined by Florida
Housing Finance Corporation (THFC"), with adjustments and certain exceptions as
provided by FHFC); and
WHEREAS, the City seeks to increase housing affordability in the City's Urban Central
Business District in close proximity to employment opportunities, premium transit, retail
and service amenities, and entertainment attractions by incentivizing shovel -ready
projects such as the Project; and
WHEREAS, Developer has increased its affordable housing commitment from twenty
percent (20%) of residential units to fifty percent (50%) of the Block 55 Project's total
residential units; and
WHEREAS, Developer is now seeking to commit to the City to limit the balance of the
residential units to serve individuals or families whose income is greater than fifty
percent (50%) of AM and does not exceed eighty percent (80%) of AMI; and
WHEREAS, Developer desires to enter into Public Benefits Agreement ("Agreement")
with the City in a form acceptable to the City Attorney, on the condition that the
Agreement complies with all federal, state, and local laws, rules, and regulations,
including but not limited to the code of the City of Miami, Florida, as amended, and
Miami 21 (collectively, "Code"); and
WHEREAS, in the event that the Agreement doesn't comply with the Code, the City's
administration is authorized, in his sole and absolute discretion, (i) to propose a textual
amendment to the Code, at a future City Commission meeting, that would allow the
Agreement to accomplish its purpose, and (ii) to ensure that such textual amendment is
reviewed by the requisite City boards and/or committees, including but not limited to the
City's Planning, Zoning & Appeals Board (TZAB")
Budget Impact Analysis
Item is NOT Related to Revenue
Item has NO budget impact
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
03/14/2022 3:05 PM
Office of Management and Budget
Aniska Elliott
Budget Analyst Review
Completed
03/15/2022 10:48 AM
Office of Management and Budget
Marie Gouin
Budget Analyst Review
Completed
03/15/2022 1:56 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
03/15/2022 4:46 PM
Office of the City Attorney
Richard Appleton
ACA Review
Completed
03/15/2022 5:52 PM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
03/15/2022 6:28 PM
City Commission
Maricarmen Lopez
Meeting
Completed
03/24/2022 9:00 AM
Office of the City Attorney
Barnaby L. Min
Approved Form and Correctness
Completed
03/25/2022 8:32 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
03/30/2022 12:43 PM
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11 °° Legislation 3500 Pan American Drive
g Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-22-0121
File Number: 11663 Final Action Date:3/24/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC BENEFITS
AGREEMENT("AGREEMENT") BETWEEN THE CITY OF MIAMI AND BLOCK 55
RESIDENTIAL, LP, A FLORIDA LIMITED PARTNERSHIP, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, SUBJECT TO THE CONDITION THAT THE AGREEMENT
COMPLIES WITH ALL FEDERAL, STATE, AND LOCAL LAWS, RULES, AND
REGULATIONS, INCLUDING BUT NOT LIMITED TO THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (COLLECTIVELY,
"CODE"), AND IN THE EVENT THAT THE AGREEMENT DOES NOT COMPLY WITH
THE CODE, THE CITY MANAGER, IN HIS SOLE AND ABSOLUTE DISCRETION, IS
AUTHORIZED TO PROPOSE A TEXTUAL AMENDMENT TO THE CODE AT A
FUTURE CITY COMMISSION MEETING, SUBJECT TO ALL LEGAL
REQUIREMENTS, THAT WOULD ALLOW THE AGREEMENT TO ACCOMPLISH ITS
PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS,
EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
WHEREAS, Block 55 Residential, LP, a Florida limited partnership ("Developer'), is the
owner of the property located at 249 NW 6 Street, Miami, Florida ("Block 55 Property"); and
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency is a
public agency created pursuant to Section 163.356, Florida Statutes ("CRA"); and
WHEREAS, the CRA's main objective is to lead new development and redevelopment
efforts that accomplish beneficial revitalization within its boundaries within the City of Miami
("City"); and
WHEREAS, the CRA was the previous owner of the Block 55 Property and transferred
title of the Block 55 Property to the Developer's affiliate, subject to certain development
restrictions; and
WHEREAS, the City is the owner of the right of way in the location of Northwest 7 Street
between Northwest 2 Avenue and Northwest 3 Avenue ("Sawyer's Walk"); and
WHEREAS, consistent with agreements with the CRA, the Developer agrees to develop
a mixed -use project to be located on the Block 55 Property consisting of (i) not less than 578
residential units, (ii) not less than 250,000 rentable square feet of retail/restaurant/entertainment
uses and a portion of which may consist of office space, (iii) a minimum of 925 parking spaces,
and (iv) the improvement of the Sawyer's Walk, all as more particularly described in the Block 55
Restrictive Covenant (collectively, "Block 55 Project"); and
WHEREAS, consistent with the loan documents with the City, the Developer has agreed
to provide no fewer than two hundred eighty-nine (289) affordable rental units [ranging from 40%
to 80% of the median income for the area ("AMI"), as determined by Florida Housing Finance
Corporation ("FHFC"), with adjustments and certain exceptions as provided by FHFC]; and
WHEREAS, the City seeks to increase housing affordability in the City's Urban Central
Business District in close proximity to employment opportunities, premium transit, retail and
service amenities, and entertainment attractions by incentivizing shovel -ready projects such as
the Block 55 Project; and
WHEREAS, the Developer has increased its affordable housing commitment from twenty
percent (20%) of residential units to fifty percent (50%) of the Block 55 Project's total residential
units; and
WHEREAS, the Developer is now seeking to commit to the City to limit the balance of the
residential units to serve individuals or families whose income is greater than fifty percent (50%)
of AMI and does not exceed eighty percent (80%) of AMI; and
WHEREAS, the Developer desires to enter into a Public Benefits Agreement
("Agreement") with the City, in a form acceptable to the City Attorney, on the condition that the
Agreement complies with all federal, state, and local laws, rules, and regulations, including but
not limited to the Code of the City of Miami, Florida, as amended, and Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21"), (collectively, "Code");
and
WHEREAS, in the event that the Agreement does not comply with the Code, the City
Manager, in his sole and absolute discretion, is authorized to propose a textual amendment to
the Code at a future City Commission meeting subject to all legal requirements that would allow
the Agreement to accomplish its purpose;
NOW, THEREFORE, BE IT RESOLVED 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 fully set forth in this Section.
Section 2. The City Manager is authorized' negotiate and execute the Agreement
between the City and the Developer, in a form acceptable to the City Attorney, on the condition
that the Agreement complies with all federal, state, and local laws, rules, and regulations,
including but not limited to the Code.
Section 3. In the event that the Agreement does not comply with the Code, the City
Manager, in his sole and absolute discretion, is authorized' to propose a textual amendment to
the Code at a future City Commission meeting, subject to all legal requirements, that would
allow the Agreement to accomplish its purpose.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments, extensions, and modification, all in forms
acceptable to the City Attorney, for said purpose.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed including, but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Section 5. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 3/25/2022