HomeMy WebLinkAboutO-13335City of Miami
Legislation
Ordinance: 13335
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01196da Final Action Date: 7/26/2012
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET
SPECIAL AREA PLAN (SAP)" APPLICANT ENTITIES AS DESCRIBED IN EXHIBIT
"A" AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF
CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 19.08
ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SAP", COMPRISED
OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHEAST 43RD
STREET AND NORTHEAST 42ND STREET TO THE NORTH, NORTH FEDERAL
HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 38TH
STREET TO THE SOUTH, AND NORTHEAST MIAMI COURT AND NORTH MIAMI
AVENUE TO THE WEST, AS DESCRIBED IN EXHIBIT "A", FOR THE PURPOSE
OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE
FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL,
COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT,
PARKING GARAGE AND ANY OTHER USES AUTHORIZED BY THE "MIAMI
DESIGN DISTRICT RETAIL STREET SAP", AND PERMITTED BY THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP
DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING
ORDINANCE DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the "Miami Design District Retail Street Special Area Plan (SAP)" consists of
approximately 19.08 acres of selected parcels; as described in Exhibit "A", qualifying as a Special
Area Plan ("SAP") pursuant to Article 3, Section 3.9 of the Miami 21 Code, ("Zoning Ordinance"),
WHEREAS, pursuant to Section 3.9.1.f. of Miami 21, development within a Special Area Plan
shall be pursuant to a recorded development agreement; and
WHEREAS, the aforementioned location for the proposed SAP currently contains disperse
underutilized buildings and vacant lots. The entire development will consist of approximately
1,109,488 square feet of floor area split among 51 parcels: A) Approximately 951,718 square feet of
existing and proposed commercial space; B) Approximately 96 residential units; C) 53 hotel units; D)
Approximately 2,571 above ground and below grade parking spaces; E) Approximately 35,191
square feet of open space; and F) Approximately 41,735 square feet of civic space within and in
alternate locations in close proximity to SAP area; and
WHEREAS, the proposed SAP will facilitate the redevelopment and benefit the area by
creating residential units, hotel rooms, commercial uses, as well as civic and open space for the
City of Miami
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File Number: 11-01196da Enactment Number: 13335
enjoyment of the general public, and
WHEREAS, the SAP will integrate public improvements and infrastructure while providing
greater flexibility resulting in higher or specialized quality building and streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization and
enhancement of the City, in general, and specifically, the Miami Design District area; and
WHEREAS, the SAP will create certain recurring and nonrecurring financial benefits as well as
temporary and permanent jobs; 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 of Miami and its citizens to amend its Zoning
Ordinance 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 fully set forth in this Section.
Section 2. The Development Agreement, pursuant to Chapter 163 of the Florida Statutes,
between "Miami Design District Retail Street SAP" applicant entities as described in Exhibit "A" and
the City of Miami, relating to development of the approximately 19.08 acres "Miami Design District
Retail Street SAP" site, is hereby approved.
Section 3. The Development Agreement is applicable only to selected parcels, bound
approximately by Northeast 43rd Street and Northeast 42nd Street to the north, North Federal
Highway and Biscayne Boulevard to the east, Northeast 38th Street to the south, and by Northeast
Miami Court and North Miami Avenue to the west, as described in Exhibit "A", subject to the
development parameters set forth therein.
Section 4. The City Manager is authorized {1 } to execute the Development Agreement, in
substantially the attached form, 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 immediately upon its adoption and signature
of the Mayor. {2}
Footnotes:
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File Number: 11-01196da Enactment Number: 13335
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten
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 3 of 3 File Id: 11-01196da (Version: 31 Printed On: 11/22/2017