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HomeMy WebLinkAboutR-24-0070 City of Miami City Hall 3500 Pan American Drive Resolution R-24-0070 Miami, FL 33133 www.miamigov.com Legislation File Number: 15271 Final Action Date: 2/22/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A REQUEST TO MIAMI- CONVEYANCE OF A PORTION OF CERTAIN COUNTY-OWNED LAND AT NORTHEAST 2 AVENUE AND NORTHEAST 61 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO COUNTY , ACCEPTING THE PUBLIC PURPOSE CONVEYANCE OF THE COUNTY PARCEL AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE PUBLIC PURPOSE CONVEYANCE OF THE COUNTY PARCEL ON BEHALF OF THE CITY, PURSUANT TO A DEED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE COUNTY FOR THE VACATION AND CLOSURE OF A PORTION OF NORTHEAST 61 STREET ABUTTING THE COUNTY PARCEL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B ATTACHED HERETO ("COUNTY RIGHT-OF-WAY PARCEL"); ACCEPTING THE CONVEYANCE FROM MCD MIAMI, LLC OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS OF AN APPROXIMATELY 6,812 SQUARE FOOT PARCEL THAT WILL RESULT FROM THE REROUTING OF NORTHEAST 4 AVENUE BETWEEN NORTHEAST 61 AND NORTHEAST 62 STREETS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT C ATTACHED HERETO ("MCID PARCEL"), AS CONTEMPLATED UNDER THE MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN ("MCID SAP"), AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE MCID PARCEL, PURSUANT TO A DEED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AND SUBMIT ONE OR MORE APPLICATIONS FOR A FUTURE LAND USE MAP AMENDMENT AND REZONING AS NECESSARY TO DESIGNATE THE COUNTY PARCEL, THE NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL (AS MORE PARTICULARLY DESCRIBED IN EXHIBIT D ATTACHED HERETO) ("NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL") AND THE MCID PARCEL ON THE CITY'S ADOPTED FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN MCNP") AND ON THE CITY'S ADOPTED ZONING ATLAS ("ZONING ATLAS") OF THE MIAMI 21 ZONING CODE (ORDINANCE NO. 13114 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED) ("MIAMI 21 CODE"), UPON THE ACQUISITION OF EACH BY THE CITY; FURTHER AUTHORIZING, DIRECTING AND APPROVING THAT THE COUNTY PARCEL, THE NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL AND THE MCID PARCEL, FOLLOWING THEIR DESIGNATION AS ON THE FLUM ON THE ZONING ATLAS, SHALL BE UTILIZED TOWARDS THE CITY'S NO NET LOSS POLICY FOR PUBLIC PARK LAND AND TOWARDS THE REQUIRED PUBLIC OPEN City of Miami Page 1 of 5 File ID: 15271 (Revision: A) Printed On: 3/4/2024 File ID: 15271 Enactment Number: R-24-0070 SPACE UNDER THE MCID SAP; FURTHER AUTHORIZING, DIRECTING AND APPROVING THE CITY TO JOIN, AS A CO-APPLICANT, A PLAT TO INCLUDE THE CITY-OWNED PROPERTY AT 299 NORTHEAST 59 TERRACE AND A PORTION OF 303 NORTHEAST 59 TERRACE AS NECESSARY FOR THE PURPOSE OF CONVERTING 299 NORTHEAST 59 TERRACE AND A PORTION OF 303 NORTHEAST 59 TERRACE TO PUBLIC RIGHT-OF-WAY FOR THE PROPOSED EXTENSION OF NORTHEAST 3 AVENUE BETWEEN NORTHEAST 60 STREET AND NORTHEAST 59 TERRACE; FURTHER APPROVING THE CONVEYANCE OF THE CITY-OWNED PROPERTY AT 6150 NORTHEAST 4 AVENUE TO MCD MIAMI, LLC OR AN AFFILIATE, SUCCESSOR OR ASSIGN UNDER SECTION 29-B(A) OF THE CITY CHARTER, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING HOUSING PROGRAMS OR PROJECTS WHICH ARE INTENDED TO BENEFIT PERSONS OR HOUSEHOLDS WITH LOW AND/OR MODERATE INCOME, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON BEHALF OF THE CITY TO EFFECTUATE SUCH CONVEYANCE AT SUCH TIME AS THE PROPOSED EXTENSION OF NORTHEAST 3 AVENUE BETWEEN NORTHEAST 61 AND NORTHEAST 60 STREETS AND THE PROPOSED REROUTING OF NORTHEAST 4 AVENUE BETWEEN NORTHEAST 62 AND NORTHEAST 60 STREETS HAVE BEEN DEDICATED OR CONVEYED TO THE CITY BY PLAT OR OTHERWISE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE AND CARRY OUT THIS RESOLUTION. SPONSOR(S): Commissioner Christine King WHEREAS, Miami-land at Northeast 2nd Avenue and Northeast 61st Street County ), located within the City of Miami ("City"), as more particularly described in Exhibit A attached and incorporated; and WHEREAS, pursuant to Section 125.38, Florida Statutes, the City seeks and shall request a public purpose conveyance of the County Parcel to the City to construct a public park that will serve the recreational and cultural needs of the community and enhance the quality of life of residents in the surrounding area; and WHEREAS, the City's acceptance of the County Parcel from the County and the and WHEREAS, the portion of Northeast 61st Street abutting the County Parcel as more particularly described in Exhibit B, attached and incorporated, is a County-maintained right-of- way ("County Right-of-Way Parcel"); and WHEREAS, the City seeks and shall request the vacation and closure of the County Right-of-Way Parcel, the northern half of which shall be included with the County Parcel as City public park space in the public's best interest; and WHEREAS, as contemplated under the approved Magic City Innovation District Special Area Plan ("MCID SAP"), the rerouting of Northeast 4th Avenue between Northeast 61st and Northeast 62nd Streets will result in a remnant parcel of approximately 6,812 square feet in City of Miami Page 2 of 5 File ID: 15271 (Revision: A) Printed on: 3/4/2024 File ID: 15271 Enactment Number: R-24-0070 size, as more particularly described in Exhibit C, attached and incorporated ("MCID Parcel"), which is proposed to be conveyed to the City; and WHEREAS, the City's acceptance of the MCID Parcel from MCD Miami, LLC or its affiliates, successors or assigns, also to be utilized as City public park space, is in the public's best interest; and WHEREAS, to accomplish the creation of such additional public park space, it is necessary for the County Parcel, the northern half of the County Right-of-Way Parcel (as more particularly described in Exhibit D attached and incorporated) ("Northern Half of the County Right-of-Way Parcel") and the MCID Parcel, when each is acquired by the City, to be designated "Parks and Recreation" on the City's adopted Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") and "CS" Transect Zone on the City's adopted Zoning Atlas ("Zoning Atlas") of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), pursuant to FLUM amendment and rezoning applications to be initiated by the City; and WHEREAS, the designation of the County Parcel, the Northern Half of the County Right- of-Way Parcel and the MCID Parcel as "Parks and Recreation" on the FLUM and "CS" Transect Zone on the Zoning Atlas will also allow such parcels (i) to be utilized towards the City's no net loss policy for public park land, in connection with the proposed conversion of the existing public park land at 299 Northeast 59th Terrace (Folio No. 01-3218-016-0301) and a portion of 303 Northeast 59 Terrace (Folio No. 01-3218-016-0300), used as an off-site parking lot for the Little Haiti Cultural Complex ("City Parking Parcel"), to public right-of-way for the extension of Northeast 3rd Avenue between Northeast 60th Street and Northeast 59th Terrace as contemplated by the MCID SAP ("NE 3rd Avenue Extension"), and (ii) to be utilized towards public open space for the MCID SAP as contemplated in the MCID SAP's approved Concept Book, which public open space is required under Section 16 of the MCID SAP Development Agreement, recorded on February 26, 2020 at Official Records Book 31828, at Page 324, of the Public Records of Miami-Dade County, Florida ("MCID SAP Development Agreement"); and WHEREAS, the City's joining, as co-applicant, in a plat as may be necessary to effectuate the NE 3rd Avenue Extension will improve traffic circulation in the area and is also in the public's best interest; and WHEREAS, the City is the fee simple owner of the property located within the City at 6150 Northeast 4th Avenue (Folio No. 01-3218-015-0710) ("City 6150 Parcel"); and WHEREAS, Section 29-B of the City Charter states that the standard provisions of Section 29-B governing the sale or lease of City-owned property and any other City requirements for competitive bidding shall not apply when conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the City Commission; and WHEREAS, on April 25, 2019, the City Commission adopted Ordinance No. 13834 creating the Little Haiti Revitalization Trust, which among other things facilitates the development of affordable housing and engages in homebuyer assistance programs for the Little Haiti community area within the City; and WHEREAS, pursuant to Section 16 of the MCID SAP Development Agreement, the developer shall make contributions to the Little Haiti Revitalization Trust in a total amount of up City of Miami Page 3 of 5 File ID: 15271 (Revision: A) Printed on: 3/4/2024 File ID: 15271 Enactment Number: R-24-0070 to $31,000,000.00, in accordance with the terms and criteria of the approved MCID SAP Development Agreement, to support the Little Haiti Revitalization Trust so that it may carry out its mission; and WHEREAS, it is in the public's best interest for the City to convey the City 6150 Parcel to MCD Miami, LLC or an affiliate, successor or assign, as an exemption to the standard provisions of City Charter Section 29-B and any other City requirements for competitive bidding, for the implementation of affordable housing programs by the Little Haiti Revitalization Trust as contemplated in the MCID SAP Development Agreement and the MCID SAP Concept Book; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. 1 Section 2. The City Manager or their designee is authorized and directed to submit a request to the County for a public purpose conveyance to the City of the County Parcel. The conveyance of the County Parcel to the City is hereby accepted, subject to the County's 1 approval of the same, and the City Manager or their designee is authorized and directed to accept the conveyance of the County Parcel from the County on behalf of the City, pursuant to a deed in a form acceptable to the City Attorney. 1 Section 3. The City Manager or their designee is hereby authorized and directed to submit an application to the County for the vacation and closure of the County Right-of-Way Parcel, and to accept and receive the Northern Half of the County Right-of-Way Parcel as City- owned property following such vacation and closure. Section 4. The conveyance of the MCID Parcel to the City is hereby accepted, and the 1 City Manager or their designee is authorized and directed to accept the MCID Parcel from MCD Miami, LLC or its affiliates, successors or assigns on behalf of the City, pursuant to a deed in a form acceptable to the City Attorney. 1 Section 5. The City Manager or their designee is hereby authorized and directed to prepare and submit one or more applications for a FLUM amendment and rezoning as necessary to designate the County Parcel, the Northern Half of the County Right-of-Way Parcel and the MCID Parcel as " on the FLUM and "CS" on the Zoning Atlas, upon their acquisition by the City. Section 6. The designation of the County Parcel, the Northern Half of the County Right- of-Way Parcel and the MCID Parcel as " on the FLUM and "CS" on the Zoning Atlas shall (i) be utilized towards the City's no net loss policy for public park land under Policy PR-2.1.1 of the MCNP and Section 7.1.2.8.c of the Miami 21 Code, as amended, as replacement public park land for the proposed conversion of the existing City Parking Parcel to public right-of-way for the extension of Northeast 3rd Avenue, and (ii) be utilized towards the total required acreage of public open space under the MCID SAP as identified in the MCID SAP Development Agreement and illustrated in the approved Concept Book for the MCID SAP. 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 4 of 5 File ID: 15271 (Revision: A) Printed on: 3/4/2024 File ID: 15271 Enactment Number: R-24-0070 Section 7. The City's joining, as co-applicant, in a plat as necessary for the sole purpose of effectuating the proposed NE 3rd Avenue Extension is hereby approved and authorized, and the City Manager or their designee is authorized and directed to take all steps reasonably necessary for the City to join in such plat as a co-applicant. Section 8. The conveyance of the City 6150 Parcel to MCD Miami, LLC or an affiliate, successor or assign, as an exemption to the standard provisions of City Charter Section 29-B governing the sale or lease of City-owned property and any other City requirements for competitive bidding for the implementation of housing programs or projects which are intended to benefit persons or households with low and/or moderate income, is hereby approved, and the City Manager or their designee is authorized and directed to execute and deliver a deed, in a form acceptable to the City Attorney, on behalf of the City, to effectuate such conveyance of the City 6150 Parcel at such time as the proposed NE 3rd Avenue Extension between Northeast 61st and Northeast 60th Streets and the proposed rerouting of Northeast 4th Avenue between Northeast 62nd and Northeast 60th Streets have been dedicated or conveyed to the City by plat or otherwise. 1 Section 9. The City Manager is authorized to execute any and all necessary documents, in a form acceptable to the City Attorney, and to take any and all administrative actions necessary to effectuate and accomplish the foregoing resolutions. Section 10. This Resolution shall become effective immediately upon its adoption and 2 signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: 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 5 of 5 File ID: 15271 (Revision: A) Printed on: 3/4/2024