HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14094
Title: 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.
LOCATION: Approximately 1400 NW 37 Avenue and a portion of 1550 NW 37 Street,
Miami, FL [Commissioner Alex Diaz de la Portilla - District 1]
APPLICANT(S): Arthur Noriega V, City Manager on behalf of City of Miami
PURPOSE: This will govern the development of the leased portion of the Miami
Freedom Park Special Area Plan, as proposed through PZ-20-6114, which includes the
development of a Stadium, Plaza, Pedestrian Promenade, Parking Garage, Office and
Commercial Space, along with the remediation of a 58-acre public park, through Special
Area Plan regulations and a Transect change from "CS" to "Cl" and "76-8-0".
FINDING(S):
PLANNING DEPARTMENT: Recommends approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Not applicable. Item did not go to PZAB.
City of Miami File ID: 12218 (Revision:) Printed On: 101312022
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14094
File Number: 12218 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
City of Miami File ID: 12218 (Revision:) Printed On: 101312022
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,
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
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
City of Miami File ID: 12218 (Revision:) Printed On: 101312022
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 "ndez, Cify Attor iey 7/19/2022 i ria i "ndez, Cify Attor iey 8/29/2022
' 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 File ID: 12218 (Revision:) Printed On: 101312022