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Home My WebLink AboutO-14246City of Miami Ordinance 14246 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14838 Final Action Date: 12/14/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE PARTIAL RELEASE OF CERTAIN PARTIES AND PROPERTIES FROM, AND AMENDMENT TO, THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("AMENDED MDDA DEVELOPMENT AGREEMENT"), PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE APPLICANTS LISTED IN EXHIBIT "B" ("APPLICANT ENTITIES"), ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI, FLORIDA ("CITY"), TO GOVERN THOSE CERTAIN PROPERTIES WITHIN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP"), AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "C" ("SUBJECT PROPERTIES"), FOR THE PURPOSE OF A) UPDATING THE APPLICANT ENTITIES TO REFLECT LATEST OWNERSHIP; B) ADDING THE FOLLOWING PROPERTIES TO THE AMENDED MDDA DEVELOPMENT AGREEMENT: LOCATED AT APPROXIMATELY 27 NORTHWEST 39 STREET, 3801 NORTH MIAMI AVENUE, AND 3819 NORTH MIAMI AVENUE, MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "D" ("NEW PROPERTIES"), ATTACHED AND INCORPORATED; C) RELEASING THE FOLLOWING PROPERTIES FROM THE AMENDED MDDA DEVELOPMENT AGREEMENT LOCATED AT APPROXIMATELY 4200 NORTHEAST 2ND AVENUE AND 4240 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "E," ATTACHED AND INCORPORATED; D) ALLOWING FOR ADDITIONAL BELOW -GRADE CONNECTIVITY AND PEDESTRIAN BRIDGES OVER A RIGHT-OF-WAY SUBJECT TO PUBLIC WORKS REVIEW; E) MODIFYING PROCESS AND APPROVALS FOR SPECIAL/TEMPORARY EVENTS, TEMPORARY USES, AND FOOD TRUCKS; F) ADOPTING ADDITIONAL PROVISIONS RELATED TO PERMITTING IN MULTI -UNIT DEVELOPMENT AND PROVIDING FOR CONSENT TO AMENDMENTS BY SPECIFIED ASSOCIATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDED MDDA DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 26, 2012, pursuant to Ordinance No. 13334, the City Commission approved the Special Area Plan ("SAP") in conjunction with a corresponding development agreement, which was simultaneously approved pursuant to Ordinance No. 13335, and subsequently recorded on February 19, 2013 at Official Records Book 28495, Page 558, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the City subsequently amended the SAP on October 24, 2013, pursuant to Ordinance No. 13414, in conjunction with an Amended and Restated Development Agreement, which was simultaneously approved via Ordinance No. 13415, and subsequently recorded on September 18, 2014, at Official Records Book 29314, Page 1880, of the Public Records of Miami -Dade County, Florida; and WHEREAS, on March 12, 2015, pursuant to Ordinance No. 13505, the City Commission approved the second amendment to the SAP that added the property located at 220 Northeast City of Miami Page 1 of 4 File ID: 14838 (Revision: B) Printed On: 2/12/2024 File ID: 14838 Enactment Number: 14246 43rd Street to the SAP, and the City Commission approved a companion item for a separate development agreement with 4201 Northeast 2nd Avenue, LLC under Ordinance No. 13506 for the development of 220 NE 43rd Street pursuant to the SAP, which was subsequently recorded on April 29, 2015 at Official Records Book 29595, Page 4542, of the Public Records of Miami - Dade County, Florida (the "Helm Development Agreement"); and WHEREAS, on April 28, 2016, pursuant to Ordinance No 13603, the City Commission approved a third amendment to the SAP that removed properties located at 53-61 Northeast 41 st Street from the SAP, in conjunction with the companion Partial Release and Amendment to Amended and Restated Development Agreement, which was simultaneously approved pursuant to Ordinance No. 13604, and subsequently recorded on June 9, 2017 at Official Records Book 30568, Page 918, of the Public Records of Miami -Dade County, Florida; and WHEREAS, on January 24, 2019, pursuant to Ordinance No. 13802, the City Commission approved the Second Amendment to the Amended and Restated Development Agreement as recorded on May 24, 2019 at Official Records Book 31455, Page 2650, of the Public Records of Miami -Dade County, Florida, which released the property located at 4218 Northeast 2nd Avenue from the Amended and Restated Development Agreement, and the City Commission simultaneously approved a companion item, Ordinance No. 13803, for a separate development agreement with Flagler Holding Group, Inc. for the development of 4218 Northeast 2nd Avenue ("Flagler Development Agreement") as recorded on May 24, 2019 at Official Records Book 31455 Page 2659, of the Public Records of Miami -Dade County, Florida; and WHEREAS, on May 27, 2021, pursuant to Ordinance No 14001, the City Commission approved a fourth amendment to the SAP, in conjunction with the companion Second Amended and Restated Development Agreement which was simultaneously approved pursuant to Ordinance No. 14002, and subsequently recorded on August 23, 2021, at Official Records Book 32694, Page 850, of the Public Records of Miami -Dade County, Florida ("2021 MDDA Development Agreement"); and WHEREAS, Section 3.9.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") requires development within the SAP to occur pursuant to a recorded development agreement between the property owner(s) and the City; and WHEREAS, the Applicant Entities, as listed in the attached and incorporated Exhibit "B," applied for a fifth amendment to the SAP in a companion application; and WHEREAS, in association with that companion application, the Applicant Entities applied for approval of a Partial Release of Certain Properties from, and Amendment to, the Second Amended and Restated Development Agreement ("Amended MDDA Development Agreement") pursuant to Chapter 163, Florida Statutes; and WHEREAS, the Applicant Entities propose approval of the Amended MDDA Development Agreement including an update to the Applicant entities to reflect the latest ownership; the addition of the following properties to the Amended MDDA Development Agreement located at: approximately 27 Northwest 39 Street, 3801 North Miami Avenue, and 3819 North Miami Avenue, Miami, Florida, as more particularly described in Exhibit "D," attached and incorporated; and the release of the following properties from the Amended MDDA Development Agreement located at: approximately 4200 Northeast 2nd Avenue and 4240 Northeast 2nd Avenue as more particularly described in Exhibit "E" which will be incorporated into the Flagler Development Agreement; and City of Miami Page 2 of 4 File ID: 14838 (Revision: B) Printed on: 2/12/2024 File ID: 14838 Enactment Number: 14246 WHEREAS, the Applicant Entities further propose approval of the Amended MDDA Development Agreement to include provisions allowing for additional below -grade connectivity and pedestrian bridges over a Right -of -Way subject to Public Works review, acknowledging compliance of section 54-46 of the City Code through prior contributions, modifying the process for approvals for special/temporary events, temporary uses and food trucks; adopting additional provisions related to permitting in multi -unit development; and providing for consent to amendments by specified associations; and WHEREAS, the Planning Department deems that the Amended MDDA Development Agreement contains a series of safeguards for the Applicant Entities 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 Amended MDDA Development Agreement; and WHEREAS, during the public hearing, the Applicant proffered, and the City Commission approved, additional Fire review be added to the MDDA Development Agreement as follows: Fire Review. Section 42 of the MDDA Development Agreement is hereby added as follows: Section 40. Fire Review. In the event that future amendments to the SAP are proposed which increase development capacity at the Property, the Developer is to coordinate with the City Manager and Fire Chief to address any additional Fire and Rescue service enhancements needed to the SAP Area.; and WHEREAS, also during the public hearing, the Applicant proffered, and the City Commission approved, additional language regarding temporary and special events be added to the Temporary/Special Events section of the MDDA Development Agreement as follows: Temporary/Special Events. Section 14 of the MDDA Development Agreement is hereby amended and restated as follows: Notwithstanding the provisions below regarding Temporary and Special Events, any relaxation of permitting requirements, does not exempt the requirement to comply with Fire and Life Safety site plan and/or Fire and life safety site plan review by the City of Miami Fire Marshal's Office. Developer Parties shall meet and coordinate with the Fire Marshal's Office regarding regular annual events and special events as proposed at the MDDA Property. This provision shall be strictly enforced and any non-compliance with these provisions shall by strictly enforced by the City Manager.; and WHEREAS, the City Commission, after careful consideration of this matter, including the favorable recommendation and report by professional City Staff, which is hereby adopted, deems it advisable and in the best interest of the general welfare of the City to approve the Amended MDDA Development Agreement, in a form acceptable to the City Attorney, a draft of which is attached as Exhibit "A"; NOW, THEREFORE, BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 3 of 4 File ID: 14838 (Revision: B) Printed on: 2/12/2024 File ID: 14838 Enactment Number: 14246 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 Partial Release of Certain Properties from, and Amendment to, the Second Amended and Restated Development Agreement ("Amended MDDA Development Agreement"), pursuant to Chapter 163 of the Florida Statutes, between the Applicant Entities and the City, to govern the properties described in the attached and incorporated Exhibit "C, is approved, in a form acceptable to the City Attorney, a draft of which is attached as Exhibit "A". Section 3. The Amended MDDA Development Agreement is applicable only to the properties described in Exhibit "C," attached and incorporated. Section 4. The Applicant Entities are described and set forth in Exhibit "B," attached and incorporated, which has been updated to reflect the latest ownership. Section 5. The City Manager is authorized to negotiate and execute the Amended MDDA Development Agreement, in a form acceptable to the City Attorney, to govern the properties described in Exhibit "C," attached and incorporated. Section 6. 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 7. This Ordinance shall become effective ten (10) days upon its adoption.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 2/6/2024 1 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 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File ID: 14838 (Revision: B) Printed on: 2/12/2024