HomeMy WebLinkAboutO-14119opCity of Miami
Ordinance 14119
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Legislation
File Number: 12036
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/27/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, ATTACHED AND
INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE
MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE
ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA
STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT,
ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN
DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601,
3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND
INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC
INSTITUTIONAL, "Cl" TRANSECT ZONE; AUTHORIZING THE EXISTING
CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE
PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI,
FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY
UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE
EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A
PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI
AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B", TO BE
DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT
OF EIGHTY—SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING
FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH
THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR
AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT;
THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND
DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "Cl" ZONING
TRANSECT, PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Most Reverend Thomas G. Wenski, as Archbishop of The
Archdioceses of Miami ("Wenski") is the fee simple owner of the property in Miami -Dade
County, Florida, legally described in Exhibit "A", attached and incorporated, having street
addresses of 3601 and 3667 South Miami Avenue (the "Main Campus Property"), and the
property in Miami -Dade County, Florida legally described in Exhibit "B", attached and
incorporated, having a street address of 3675 South Miami Avenue, Miami, Florida (the
"Auxiliary Property") (collectively, the "Property"); and
WHEREAS, Wenski filed a Complaint on April 9, 2013 (amended on July 6, 2016) styled
The Most Revered Thomas G. Wenski, as Archbishop of Archdioceses of Miami v. The City of
City of Miami Page 1 of 4 File ID: 12036 (Revision: 8) Printed On: 2/16/2023
File ID: 12036 Enactment Number: 14119
Miami, FL, Miami -Dade County Circuit Court No. 2013-12523 CA 06 (the "Lawsuit") including
allegations involving violations by the City of Miami ("City") of the Bert J. Harris, Jr. Private
Property Rights Protection Act as pertains to the Property and claiming a total loss of over $89
million in fair market value to the Property caused by the enactment of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), plus
interest, costs, attorney's fees, and expenses; and
WHEREAS, the Amended Complaint alleges violations of the Bert J. Harris Private
Property Rights Act as a result of the passage of the Miami 21 Code and specifically the
provisions of Section 3.5.5 of the Miami 21 Code, titled "Height Limitations for Properties
Abutting and in Proximity to National Historic Landmarks", which Wenski claims the height
limitations for the Property were significantly lowered and caused a severe diminution in value to
the Property; and
WHEREAS, Miami -Dade County intervened in order to protect and preserve the
provisions as they impact Vizcaya Museum and Gardens, a National Historic Landmark; and
WHEREAS, Wenski's position in the litigation was that the adoption and implementation
of the Miami 21 Code affected vested property rights to develop the land; and
WHEREAS, the City's position is that, inter alia, mere enactment of the Miami 21 Code
does not meet the strict requirements of a violation of the Bert J. Harris Private Property Rights
Act; and
WHEREAS, Wenski and the City have engaged in good faith settlement negotiations in
an effort to resolve the Lawsuit; and
WHEREAS, on May 31, 2022, the City Commission adopted Resolution No. R-22-0189
approving a Settlement Agreement to resolve the Lawsuit, attached and incorporated hereto as
Exhibit "D", which contemplates that Wenski will submit to the City an attached Development
Agreement to allow certain development on the Property subject to review and recommendation
by the City's Planning, Zoning and Appeals Board and subject to City Commission approval
pursuant to local and state laws; and
WHEREAS, the Office of the City Attorney investigated the claim(s) and Lawsuit and
recommended that said claim(s) and Lawsuit be settled for the terms as memorialized in the
written Settlement Agreement; and
WHEREAS, the City's Planning and Zoning Departments recommend approval of the
Development Agreement; and
WHEREAS, the Development Agreement, which is attached and incorporated hereto as
Exhibit "C", contemplates existing laws will govern development and the following:
Section 5.7.2.5 of Miami 21 states that within the Cl zoning designation, the "expansion
of any existing Civic Institutional Use by less than twenty percent (20%) may be
permitted By Right," while other development in the Cl zone is permitted only by
Exception. Notwithstanding these provisions, the existing Civic Institutional Uses located
on the Main Campus Property may be expanded by up to, and not to exceed, a total of
144,000 square feet beyond the existing floor area on site By Right. This expansion shall
not be located within the View Shed Zone identified in Section 3.5.5 of Miami 21. A
conceptual site plan demonstrating possible Development and building massing on the
City of Miami Page 2 of 4 File ID: 12036 (Revision: 8) Printed on: 2/16/2023
File ID: 12036 Enactment Number: 14119
Main Campus Property within the 144,000 square -foot limitation is attached as Exhibit
"C" to the Development Agreement for demonstrative purposes only. The Auxiliary
Property is not subject to the 144,000 square -foot limitation applicable to the Main
Campus Property.
Notwithstanding any provisions of the existing zoning to the contrary, the Auxiliary
Property may be developed as follows: The Auxiliary Property may be developed with
an 8-story building at a maximum Height of eighty-seven feet (87'), as measured from
the Base Flood Elevation plus Freeboard pursuant to Section 3.5.1 of the Miami 21
Code. The Auxiliary Property may have an Assisted Living Facility ("ALF") Use only if the
Auxiliary Property is developed in substantial compliance with the plans attached and
incorporated as Exhibit "D" of the Development Agreement, which contemplate an ALF
and ancillary Uses within an 8-story building at a Height of eighty-seven feet (87') with a
total of approximately 189,575 square feet of floor area. Minor Modifications to the plans
may be approved by the City's Planning Director consistent with Section 7.1.3.5.c. of
Miami 21. Any ALF on the Auxiliary Property must also comply with Florida Statutes
Section 429.01, et seq. and must be licensed by the Agency for Health Care
Administration "AHCA", or its successor. If the Owner, or any successor, does not
develop the Auxiliary Property in substantial compliance with the plans as described in
the Section, the Property may only be developed pursuant to existing zoning provisions
including but not limited to any requirement for an Exception, except for Height and
stories which may be as described herein.
Development on the Main Campus Property will comply with all Existing Zoning Height
restrictions for the Cl zoning designation, including but not limited to the provisions of
Section 5.7.2.4(b) and Section 3.5.5 of Miami 21 under the Existing Zoning.
Notwithstanding any provisions to the contrary in Existing Zoning, Development on the
Auxiliary Property is permitted to have a maximum Height of eighty-seven feet (87') and
a maximum of eight (8) stories, as measured from the Base Flood Elevation plus
Freeboard pursuant to Section 3.5.1 of Miami 21. This maximum Height for
Development on the Auxiliary Property complies with the provisions of Section 3.5.5 of
Miami 21. A diagram of the maximum Height permitted on the Property per Sections
3.5.5(a) and (b) of Miami 21 is contained on the site plan included in the Development
Agreement.
WHEREAS, the following language shall be added to Section 10 of the Development
Agreement: "[f]urthermore, in connection with the Carroll Manor property located at 3667 South
Miami Avenue, the Wenski, the property owner, shall plant a hedge along Mercy Way in addition
to a combination of oak and palm trees of 12 feet to 14 feet at time of planting subject to review
and approval by City of Miami staff'; and
WHEREAS, the Development Agreement shall also indicate that Wenski, the property
owner, will work with and participate with the City of Miami on a trolley route to service the area,
particularly the Carroll Manor property located at 3667 South Miami Avenue, including using
portion of the Wenski's Property as needed for trolley route(s); and
WHEREAS, Section 70.001(4)(c), Florida Statutes, contemplates and enumerates
various settlement mechanisms to resolve claims under the Bert J. Harris, Jr. Private Property
Rights Protection Act and further provides that if a settlement offer is accepted, before or after
filing an action, the governmental entity may implement the settlement offer by appropriate
Development Agreement; and
City of Miami Page 3 of 4 File ID: 12036 (Revision: 8) Printed on: 2/16/2023
File ID: 12036 Enactment Number: 14119
WHEREAS, it is found that the relief protects the public interest served by the
regulations at issue and is the appropriate relief necessary to prevent the governmental
regulatory effort from inordinately burdening the real property; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July
20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-035 by a
vote of nine to zero (9-0), Item No. PZAB.16, recommending approval of 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 Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the Development Agreement, attached and
incorporated as Exhibit "C", as modified during the City Commission meeting as memorialized
herein, between the City and Wenski pursuant to Chapter 163, Florida Statutes, and as
contemplated in a Settlement Agreement, to govern development on the property by authorizing
the existing Civic Institutional Uses located on a portion of the Property, specifically 3601 and
3667 South Miami Avenue, Miami, Florida, as legally described in Exhibit "A", to be expanded
by up to, and not to exceed, 144,000 square feet beyond the existing floor area on site By Right
and by authorizing a portion of the Property, specifically 3675 South Miami Avenue, Miami,
Florida, as legally described in Exhibit "B" to be developed with an eight (8) story building at a
maximum height of eighty-seven feet (87') and, only if developed in substantial compliance with
the plans attached to the Development Agreement, to have an Assisted Living Facility Use.'
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 upon ten (10) days after final reading
and adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ft6ria i ndez, CiFy Attor iey 2/1512023
' 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 4 of 4 File ID: 12036 (Revision: 8) Printed on: 211612023