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Home My WebLink AboutO-14094City of Miami op if Ordinance 14094 ��l111 II li.RR �I + Legislation File Number: 12218 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/13/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 29-B OF THE CITY OF MIAMI CHARTER, APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI FREEDOM PARK, LLC AND THE CITY OF MIAMI TO GOVERN THE LEASED PORTION OF THE MIAMI FREEDOM PARK SPECIAL AREA PLAN ("SAP") COMPRISED OF APPROXIMATELY SEVENTY-THREE (73) ACRES OF PROPERTY LOCATED AT APPROXIMATELY 1400 AND 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ("PROPERTY") FOR THE PURPOSE OF REDEVELOPMENT OF SUCH PROPERTY FOR A SOCCER STADIUM, PARKING GARAGE, AND OTHER USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO COMMERCIAL, LODGING, RETAIL, AND OFFICE, AND ANY OTHER USES AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF A 25,000-SEAT SOCCER STADIUM, A PARKING GARAGE CONTAINING 4,960 PARKING SPACES WITH ROOFTOP SPORTS FIELDS, MIXED USE RETAIL AND COMMERCIAL, A HOTEL, AND OFFICES; THE SAP DEVELOPMENT SHALL CONTAIN A MINIMUM OF 6.55 ACRES OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND WITH THE MODIFICATIONS STATED HEREIN FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant"), applied for a Special Area Plan for 130 acres of property located at approximately 1400 and 1550 Northwest 37 Avenue, Miami, Florida under Folio Nos. 01-3132-000-0080 and 01-3132- 000-0090, pursuant to the process described in Article 3, Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") titled "Special Area Plans"; and WHEREAS, the "Miami Freedom Park Special Area Plan" (the "SAP") consists of 130 ± acres of land and includes a 25,000-seat soccer stadium, a 750-room hotel, 600,000 square feet of commercial, 400,000 square feet of office space, 5,100 parking spaces, a 240,000 square feet Pedestrian Promenade, a 420,000 square feet Plaza, and a 1,260,000 square feet Green Civic Space type, and proposes remediation and improvements for a 58-acre park space; and WHEREAS, the seventy-three (73) acre northwesterly portion of the SAP, as attached and incorporated as Exhibit "A", ("Property") is subject to a lease with Miami Freedom Park, City of Miami Page 1 of 3 File ID: 12218 (Revision:) Printed On: 101312022 File ID: 12218 Enactment Number: 14094 LLC, ("Lessee") as approved by Miami City Commission via Resolution No. R-22-0156, which was the subject of a referendum in November 2018 and approved by voters of the City of Miami; and WHEREAS, Section 29-B(f) of the City Charter provides that the Lease and Master Development Agreement requires City Commission approval by a four -fifths (4/5ths) vote; and WHEREAS, the Applicant owns the existing land which is subject to a current management agreement for the Melreese Country Club, International Links Management Agreement to operate a public golf course of approximately 130 acres; and WHEREAS, the Property is generally located along the City's jurisdictional boundary to the north, Northwest 42 Avenue/State Road 953 (Le Jeune Road) to the west, State Road 836 and Northwest 14 Street to the south, and the single-family neighborhood known as Grapeland Heights to the east; and WHEREAS, the Property abuts the existing Grapeland Park, currently improved with baseball fields and a waterpark; and WHEREAS, beyond the City's jurisdictional boundary to the north and Le Jeune Road to the west is the Miami Dade County International Airport; and WHEREAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master planning of parcels greater than nine (9) abutting acres in size through the SAP process; and WHEREAS, the Property is owned by the City and is open to the general public; and WHEREAS, the Applicant also submitted a companion Comprehensive Plan Amendment, ePlan ID PZ-20-6123, to amend the Future Land Use designation from "Public Parks and Recreation" to "Restricted Commercial" for 8.207 acres and "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" for 12.570 acres of the leased portion of the SAP; and WHEREAS, Section 3.9.1.f of the Miami 21 Code establishes that "[d]evelopment within the Special Area Plan shall be pursuant to a recorded development agreement that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits"; and WHEREAS, along with the Miami Freedom Park SAP application, there was a request for approval of a Development Agreement pursuant to Article 3 of the Miami 21 Code and Chapter 163, Florida Statutes, to govern the development of the Property; and WHEREAS, the Development Agreement, inter alia, includes a requirement for the Lessee to provide an annual report that contains a section by section description of its compliance with the obligations thereunder; and WHEREAS, the Development Agreement further provides that the Lessee must remain current on all financial obligations to the City, including obligations pursuant to the lease and referendum, and that the City is authorized to withhold permits or approvals should the Lessee not be in compliance with its financial obligations to the City; and City of Miami Page 2 of 3 File ID: 12218 (Revision:) Printed on: 101312022 File ID: 12218 Enactment Number: 14094 WHEREAS, the City and the Lessee agree that the Miami Freedom Park SAP shall be developed substantially in accordance with the Regulating Plan and Concept Book as provided in the companion Miami Freedom Park SAP application and with those conditions provided in the SAP approval; and WHEREAS, the City and the Lessee agree that the Miami Freedom Park SAP shall be developed in accordance with the requirements of the Miami Comprehensive Neighborhood Plan; and 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Development Agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "B", consistent with this Ordinance to govern the development of the subject Property and the Miami Freedom Park SAP pursuant to Chapter 163, Florida Statutes. Section 3. 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 4. This Ordinance shall become effective ten (10) days upon final reading and adoption.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i nd- e[y Nttor ey 7/1912022 i ria i ndez, ityttor ey 812912022 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. 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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: 12218 (Revision:) Printed on: 101312022