HomeMy WebLinkAboutO-14245City of Miami
Ordinance 14245
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14837 Final Action Date: 12/14/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER
163, FLORIDA STATUTES, BETWEEN RFD NORTH 39 LLC, RFD NORTH 40
LLC, RFD SOUTH 40 LLC (COLLECTIVELY, "APPLICANT"), AND THE CITY
OF MIAMI, FLORIDA ("CITY"), GOVERNING THE PROPERTIES GENERALLY
LOCATED AT 3995 NORTH MIAMI AVENUE, 21 NORTHEAST 39 STREET,
AND 35 NORTHEAST 40 STREET, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT
AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS
EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 13334, adopted on July 26, 2012, the City
Commission approved the original Miami Design District Retail Street ("MDD") Special Area
Plan ("SAP"), pursuant to Article 3 and Article 7 of Ordinance No. 13114, the Zoning Ordinance
of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the MDD SAP currently consists of approximately +/- 22.56 acres (982,600
square feet) of selected parcels approximately located at 81 Northeast 39 St, Miami, Florida (the
"Property"); 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; and
WHEREAS, this process is referred to as an 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, RFD NORTH 39 LLC, RFD NORTH 40 LLC, RFD SOUTH 40 LLC
(collectively, "Applicant") own the properties located at approximately 3995 North Miami
Avenue, 21 Northeast 39 Street, and 35 Northeast 40 Street, as more particularly described in
Exhibit "A," attached and incorporated, ("Subject Property"); and
WHEREAS, the Applicant and affiliated parties applied to the City of Miami ("City") for a
fifth amendment to a previously approved MDD SAP for the amendment of the MDD SAP, and
in association with that application, the Applicant requested approval of adding six (6) new
properties to the MDD SAP, including the Subject Property, and a new Development Agreement
City of Miami Page 1 of 4 File ID: 14837 (Revision: A) Printed On: 2/12/2024
File ID: 14837 Enactment Number: 14245
for the Subject Property pursuant to Chapter 163 of the Florida Statutes, a draft of which is
attached as Exhibit "B"; and
WHEREAS, the fifth amendment to the previously approved MDD SAP, Regulating Plan,
and Design Guidelines in the Concept Book includes the addition of six (6) new properties and
adjusting the original development MDD SAP boundary to include an additional 127,805 square
feet (2.934 acres), for a total combined area of 1,110,387 square feet (25.491 acres); additional
properties include, but are not limited to the Subject Property and are located at approximately
3995 North Miami Avenue, 21 Northeast 39 Street, 35 Northeast 40 Street, 27 Northwest 39
Street, 3801 North Miami Avenue, and 3819 North Miami Avenue, Miami, Florida as more
particularly described in Exhibit "C," attached and incorporated; and
WHEREAS, the remainder of the properties being included in the MDD SAP will be
governed under another development agreement; and
WHEREAS, the amended MDD SAP will change the underlying zoning classification
from "T5-O," Urban Center Zone -Open, to "T6-8-O," Urban Core Zone -Open, of the property
located at 3995 North Miami Avenue, as legally described in Exhibit "D," attached and
incorporated, with no necessary amendments to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan; and
WHEREAS, the fifth amendment to the MDD SAP Regulating Plan proposes text
modifications to amend the Regulating Plan to include revised versions of certain recently
adopted Miami 21 Code provisions relating to frontages, floorplates, height, loading, and
landscaping; providing clarifications of existing terms and consolidating illustrations and figures
for readability; establishing certain new definitions and frontage types, and amending provisions
relating to SAP permit issuance; allowing consolidation of vehicular entrances, allowing Civic
Space and Porte Cocheres on frontages with certain design requirements, clarifying parking and
loading requirements, allowing for additional height in the top story within the permitted
maximum, adjusting provisions for rooftop elements, revising building height calculations within
permitted maximum, and allowing pedestrian bridges over a right-of-way subject to Public
Works review; and updating the Concept Book pursuant to the Regulating Plan amendments;
and
WHEREAS, along with the fifth amendment to the MDD 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 Subject Property; and
WHEREAS, the City and the Applicant wish for the development of the Project to
proceed substantially in accordance with the amended Regulating Plan and Design Guidelines
in the Concept Book; and
WHEREAS, the City and the Applicant wish for the development of the Project to
conform with the requirements of the Comprehensive Plan; and
WHEREAS, assurance to the Applicant that it may proceed in accordance with existing
laws and policies, subject to the conditions of a development agreement, strengthens the public
planning process; and
WHEREAS, during the public hearing, the Applicant proffered, and the City Commission
approved, additional language regarding fire review to be added to the Public Facilities Section
of Development Agreement as follows:
City of Miami Page 2 of 4 File ID: 14837 (Revision: A) Printed on: 2/12/2024
File ID: 14837 Enactment Number: 14245
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 Development Agreement as follows:
Temporary/Special Events.
(a) 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, deems it
advisable and in the best interest of the general welfare of the City to approve a new RFD
Development Agreement, a copy of which is attached as Exhibit "B," 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 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 Development Agreement is applicable only to property, as described in
the attached and incorporated Exhibit "A" owned by the Applicant, subject to the development
parameters set forth therein.
Section 4. The City Manager is authorized' to negotiate and execute a Development
Agreement, a copy of which is attached as Exhibit "B," in a form acceptable to the City Attorney,
to govern the Subject Property located at approximately 3995 North Miami Avenue, 21
Northeast 39 Street, and 35 Northeast 40 Street, as more particularly described in Exhibit "A,"
attached and incorporated.
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: 14837 (Revision: A) Printed on: 2/12/2024
File ID: 14837 Enactment Number: 14245
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
APPROVED AS TO FORM AND CORRECTNESS:
end e ezCiity Attor ey 2/7/2024
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: 14837 (Revision: A) Printed on: 2/12/2024