HomeMy WebLinkAboutO-13415City of Miami
Legislation
Ordinance: 13415
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01196da1 Final Action Date: 10/24/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT
AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN
"MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)"
APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING
ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840
NORTHEAST MIAMI COURT, 3825, 3852 AND 3900 NORTH MIAMI AVENUE, 20,
21, AND 28 NORTHWEST 39TH STREET, 30 AND 50 NORTHEAST 39TH
STREET, 4100 AND 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO THE
PREVIOUSLY -APPROVED "MDDRS SAP"; 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, AND ANY
OTHER USES AUTHORIZED BY THE "MDDRS 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 original "Miami Design District Retail Street" is a 19.08-acre Special Area Plan
("SAP") approved on July 26, 2012 by Ordinance No. 13334, pursuant to Article 3 and Article 7 of the
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, ("Zoning Ordinance"), and
WHEREAS, pursuant to Section 3.9.1.f. of the Zoning Ordinance, development within a SAP
shall be pursuant to a recorded development agreement; and
WHEREAS, the applicant has submitted an application for amendment to the
previously -approved "Miami Design District Retail Street SAP" (The "Project"), herein attached as
Exhibit "A", having the need to amend the Development Agreement pursuant to Chapter 163 of the
Florida Statutes; and
WHEREAS, the amended SAP includes 12 new properties at approximately 3815 and 3840
Northeast Miami Court; 3825, 3852 and 3900 North Miami Avenue; 20, 21, 28 Northwest 39th Street;
30 and 50 Northeast 39th Street and 4100 and 4039 Northeast 1st Avenue, Miami, Florida, and
proposes a development program to include an additional 86,263 square feet of lot area for a new lot
area total of 917,495 square feet or approximately 21.06 acres, and
WHEREAS, the proposed expanded MDDRS SAP will facilitate redevelopment and benefit the
area by creating residential units, hotel rooms, commercial uses, as well as civic and open space for
the enjoyment of the general public, and
City of Miami
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File Number: 11-01196da 1 Enactment Number: 13415
WHEREAS, the expanded 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 expanded MDDRS SAP will create certain recurring and nonrecurring
financial benefits as well as temporary and permanent jobs; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of
economic and land resources, discourage sound capital improvement planning and financing,
escalate the cost of housing and development, and discourage commitment to comprehensive
planning; 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, 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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Development Agreement is applicable only to properties owned by the MDDRS
SAP applicant and affiliated parties, subject to the development parameters set forth therein.
Section 3. The findings of fact set forth in the amended Development Agreement are hereby
adopted by reference and incorporated as if fully set forth in this Section.
Section 4. The City Manager is authorized {1} to execute the amended Development
Agreement, in substantially the attached form, for said purpose.
Section 5. In the event that any portion or section of this Ordinance is determined to be
invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in
no manner affect the remaining portions of this Ordinance which shall remain in full force and effect.
Section 6. The provisions for this Ordinance, as approved, shall become effective immediately
upon its adoption and signature of the Mayor. {2}.
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File Number: 11-01196da1 Enactment Number: 13415
Footnotes:
{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 vetoed by the Mayor within
ten days from 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.
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