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HomeMy WebLinkAboutO-13484City of Miami Legislation Ordinance: 13484 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01015dal Final Action Date: 9/29/2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AND AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "MIAMI WORLDCENTER" ON APPROXIMATELY ± 23 ACRES, ZONED "MIAMI WORLDCENTER DISTRICT" AND IDENTIFIED AS APPENDIX D OF THE MIAMI 21 CODE, AND LOCATED BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES:RESIDENTIAL,OFFICE, HOTEL, RETAIL, COMMERCIAL, ACADEMIC SPACE AND ANY OTHER USES PERMITTED BY THE APPLICABLE ZONING DISTRICT REGULATIONS; DESIGNATING EACH BLOCK OF THE DISTRICT AS A RETAIL SPECIALTY CENTER AND ENTERTAINMENT SPECIALTY DISTRICT PURSUANT TO CHAPTER 4 OF THE CITY CODE; AUTHORIZING CERTAIN ENCROACHMENTS INTO CITY -OWNED PUBLIC RIGHTS -OF -WAY PURSUANT TO CHAPTER 55; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AS AMENDED. WHEREAS, Miami Worldcenter Group, LLC, and affiliated parties (collectively "MWC") are the owners of certain real property in the City of Miami ("City") consisting of approximately ±23 acres, zoned SD-16.3 and located between Northeast 6th Street and Northeast 11th Street and between North Miami Avenue and Northeast 2nd Avenue in the City of Miami, Florida; and WHEREAS, on November 3, 2009, the Developer and the City entered into a Development Agreement between the Parties, which was approved by the City Commission on November 13, 2008 through Resolution No. 08-0658 ("Initial Agreement"); and WHEREAS, since the time the City Commission unanimously adopted the original Development Agreement, certain modifications and refinements to the master site plan and development program for the Miami Worldcenter project have been made; and WHEREAS, in order for MWC to pursue approval of the Miami Worldcenter project, the modifications to the zoning regulations must be approved by the City Commission, which approval requires the City to amend and restate the Initial Agreement ("Amended Agreement"); and WHEREAS, the City Commission has reviewed the proposed Amended Agreement and has considered the testimony of all interested parties at the public hearing, the intended use of the land as described in the Amended Agreement and has considered the health, safety and welfare of the citizens of the City; and City of Miami Page 1 of 2 File Id: 08-01015dal (Version: 3) Printed On: 1/11/2018 File Number: 08-01015da 1 Enactment Number: 13484 WHEREAS, the City Commission still waives the conflict of interest provisions as stated in Resolution No. 09-0360, adopted July 23, 2009, for Nitin Motwani; 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 Amended Agreement, pursuant to Chapter 163 of the Florida Statutes, between MWC and the City, relating to the development of approximately ±23 acres in the Miami Worldcenter Special District (Appendix D of the Miami 21 Code) located in the City, for the purpose of redevelopment of such land for a mix of permitted uses, is approved. Section 3. The Amended Agreement is applicable only to properties owned by MWC and affiliated parties, subject to the development parameters set forth therein. Section 4. The findings of fact set forth in the Amended Agreement are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 5. The Amended Agreement, pursuant to Chapter 4 of the City Code, designates each block of the District as a Retail Specialty Center and Entertainment Specialty District. Section 6. The Amended Agreement, pursuant to Chapter 55 of the City Code, authorizes certain encroachments into City -owned public rights -of -way. Section 7. The City Manager is authorized {1} to execute the Amended Agreement, in substantially the attached form, for said purposes. Section 8. 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 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} 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 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 2 of 2 File Id: 08-01015dal (Version: 3) Printed On: 1/11/2018