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Home My WebLink AboutO-14247City of Miami Ordinance 14247 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14839 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 FIRST AMENDMENT TO THE FLAGLER DEVELOPMENT AGREEMENT ("AMENDED FLAGLER DEVELOPMENT AGREEMENT"), A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP, INC. AND DD 4200 LLC (COLLECTIVELY, "APPLICANT"), 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 EXHIBIT "B," ATTACHED AND INCORPORATED, ("SUBJECT PROPERTIES") FOR THE PURPOSE OF A) UPDATING THE APPLICANT TO REFLECT LATEST OWNERSHIP; B) ADDING TO THE FLAGLER DEVELOPMENT AGREEMENT THE PROPERTIES LOCATED AT: 4200 NORTHEAST SECOND AVENUE AND 4240 NORTHEAST SECOND AVENUE, MIAMI, FLORIDA (COLLECTIVELY, "NEW PROPERTIES") AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED; C) ALLOWING OPEN AND CIVIC SPACE REQUIREMENTS TO BE SATISFIED VIA DEDICATION OF A PUBLIC PARK OR OPEN SPACE WITHIN THE SAP AREA OR WITHIN HALF A MILE RADIUS OF THE SAP AREA; D) ADOPTING ADDITIONAL PROVISIONS RELATED TO PERMITTING IN THE MULTI -UNIT DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDED FLAGLER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AS EXHIBIT "A," 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 SAP, in conjunction with the corresponding development agreement ("MDDA 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 MDDA Development Agreement, which was simultaneously approved pursuant to 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 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: 14839 (Revision: B) Printed On: 2/12/2024 File ID: 14839 Enactment Number: 14247 43rd Street to the SAP, and the City Commission approved a companion item for a separate development agreement with 4201 Northeast 2nd Avenue, LLC pursuant to Ordinance No. 13506 for the development of 220 Northeast 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 MDDA 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 MDDA 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 MDDA Development Agreement, and the City Commission simultaneously approved a companion item pursuant to Ordinance No. 13803 for a separate development agreement with Flagler Holding Group, Inc., for the development of 4218 Northeast 2nd Avenue as recorded on May 24, 2019 at Official Records Book 31455 Page 2659, of the Public Records of Miami -Dade County, Florida (the "Flagler Development Agreement"); 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 MDDA Development Agreement; and WHEREAS, Sec. 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, Flagler Holding Group, Inc. and DD 4200 LLC (collectively, "Applicant") applied to the City of Miami ("City") for a First Amendment to the Flagler Development Agreement ("Amended Flagler Development Agreement"), pursuant to Chapter 163, Florida Statutes; and WHEREAS, the Amended Flagler Development Agreement is being considered by the City Commission as a companion item to the fifth amendment to the SAP; and WHEREAS, the Applicant proposes approval of the Amended Flagler Development Agreement to govern those certain properties within the MDDA SAP, as more particularly described in Exhibit "B," attached and incorporated, ( "Subject Properties") for the purpose of a) updating the Applicant to reflect latest ownership; b) adding to the Flagler Development Agreement the properties located at: 4200 Northeast Second Avenue and 4240 Northeast Second Avenue, Miami, Florida, as more particularly described in Exhibit "C," attached and incorporated, (collectively, "New Properties"); c) allowing open and civic space requirements to be satisfied via dedication of a public park or open space within the sap area or within half a mile radius of the sap area; and d) adopting additional provisions related to permitting in the multi -unit development; and City of Miami Page 2 of 4 File ID: 14839 (Revision: B) Printed on: 2/12/2024 File ID: 14839 Enactment Number: 14247 WHEREAS, the New Properties being added to the Flagler Development Agreement are simultaneously being released from the MDDA Development Agreement and incorporated into the Amended Flagler Development Agreement; and WHEREAS, the Planning Department deems that the Amended Flagler Development Agreement contains a series of safeguards for the Applicant 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 Flagler Development Agreement; and WHEREAS, during the public hearing, the Applicant proffered, and the City Commission approved, additional Fire review be added to the Flagler Development Agreement as follows: Fire Review. Section 40 of the Flagler 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, 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 Flagler Development Agreement, a draft of which is attached as Exhibit "A," in a form acceptable to the City Attorney, as hereinafter set forth; 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 Amended Flagler Development Agreement, pursuant to Chapter 163 of the Florida Statutes, between the Applicant and the City, to govern the development of the Subject Properties, is hereby approved, in a form acceptable to the City Attorney. Section 3. The Amended Flagler Development Agreement is applicable only to properties described in Exhibit "B," attached and incorporated. Section 4. The City Manager is authorized' to negotiate and execute the Amended Flagler Development Agreement, in a form acceptable to the City Attorney, for said purpose. Section 5. 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 6. This Ordinance shall become effective ten (10) days upon its adoption.2 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. City of Miami Page 3 of 4 File ID: 14839 (Revision: B) Printed on: 2/12/2024 File ID: 14839 Enactment Number: 14247 APPROVED AS TO FORM AND CORRECTNESS: ndez, City tton 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: 14839 (Revision: B) Printed on: 2/12/2024