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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00804
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT
AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND 3170
HOLDINGS, LLC, A FOR PROFIT CORPORATION ("DEVELOPER"), IN
SUBSTANTIALLY THE ATTACHED FORM, FOR A PRIVATELY -OWNED PROPERTY
LOCATED AT 3170 SOUTHWEST 22 STREET, MIAMI, FLORIDA, AGREEING TO
RENEWAND EXTEND THE PREVIOUSLY APPROVED MAJOR USE SPECIAL
PERMIT ("MUSP") FOR "THE BLUE ON CORAL WAY" ("PROJECT") UNDER THE
"PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES," AND THE
DEVELOPER HAS AGREED TO DEVELOP AND LEASE TO THE CITY
APPROXIMATELY 11,000 SQUARE FEET WITHIN THE PROJECT FOR THE
PURPOSE OF ERECTING A FIRE STATION, FOR ATERM OF ONE HUNDRED
(100) YEARS WITH TWO (2) NINETY NINE (99) YEAR EXTENSIONS AT A COST
OF $10.00 PER YEAR, A ONE TIME CONTRIBUTION BY THE CITY TO THE
DEVELOPER OF $1,000,000.00, AND THE WAIVING OF CERTAIN IMPACT FEES
FOR THE PROJECT; WITH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE ATTACHMENT(S); FURTHER AUTHORIZING
THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH
AGREEMENT, AS NEEDED, WITH TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN THE AGREEMENT, SUBJECT TO APPROVAL BY
THE CITY ATTORNEY.
WHEREAS, 3170 Holdings, LLC, a for profit Corporation ("Developer") holds fee simple title to
the property located at 3170 Southwest 22nd Street, Miami, Florida ("Property"); and
WHEREAS, on March 25, 2004, the Miami City Commission adopted Resolution No.
R-04-0193, approving a Major Use Special Permit ("MUSP") under the City of Miami's ("City's")
previous zoning code, Zoning Ordinance 11000 ("ZO 11000"), entitled: "The Blue at Coral Way" ("Coral
Way MUSP" or "Project"), prepared by Rizo Carreno & Partners, dated September 10, 2003; and
WHEREAS, the Coral Way MUSP was approved pursuant to the Property's former zoning
designation under the ZO 11000 Atlas, C-1 Restricted Commercial District ("C-1"), as located within
the SD-23 Coral Way Special Overlay District ("SD-23"); and
WHEREAS, in the aftermath of the recent economic downturn, the Property was the subject of
a foreclosure action and a subsequent bankruptcy proceeding, and the Coral Way MUSP expired; and
WHEREAS, the Property is currently underutilized in that it consists of vacant, undeveloped
Tots, secured by chain link fencing; and
WHEREAS, the status of the Property is inconsistent with the City's vision for this area, and the
City wishes to encourage continued economic development following the aftermath of the economic
downturn through the redevelopment of the Property; and
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File Number. 14-00804
WHEREAS, Chapter 2, Section 2-213 of the Code of the City of Miami, Florida, as amended,
entitled: "Pilot Program for Distressed Development Sites," provides a process for renewing and
extending certain previously approved development orders that were the subject of bankruptcy
proceedings for a limited term of one year, including MUSPs, pursuant to the approval of a
development agreement which includes the timeframe within which construction must commence, and
those public benefits voluntarily proffered to the benefit of the City, including provision of Civil Support
Space and/or Civic Space ("Pilot Program Ordinance"); and
WHEREAS, the Developer has notified the City's Planning and Zoning Department, and
provided a copy to the City Attorney's Office, indicating that the Coral Way MUSP is eligible for the one
year extension under the Pilot Program Ordinance, as required by Chapter 2, Section 2-213(c) of the
City's Code of Ordinances; and
WHEREAS, the City has attempted to secure a location within the vicinity of the Property for
the construction of a new fire station, to meet the City's need to service the continued growth
generated within its' jurisdictional boundaries; and
WHEREAS, the Developer has agreed to construct a fire station within the Project for use by
the City's Fire Department ("Fire Station" or "Shenandoah Fire Station"), and to lease the Shenandoah
Fire Station to the City, subject to the terms and conditions set forth in the Agreement; and
WHEREAS, the City and Developer wish to enter into this Development Agreement
("Agreement") in order to encourage redevelopment of the Property in substantial accordance with the
Coral Way MUSP, and to set forth the terms and conditions for the construction and lease of the
Shenandoah Fire Station between the parties; and
WHEREAS, the City and Developer desire to set forth and agree upon certain fire rescue
impact fee credits as provided herein, that the Developer will be entitled to receive from the City in
consideration for the construction and lease of the Shenandoah Fire Station to the City, subject to the
terms and conditions set forth in this Agreement; and
WHEREAS, as of the effective date, there is sufficient development capacity for purposes of
concurrency available to accommodate the proposed development on the Property, and the Developer
has reserved such capacity through appropriate means with the City;
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 City Manager is authorized{1} to execute an Agreement, between the City and
Developer, in substantially the attached form, for a privately -owned Property, agreeing to renew and
extend the previously approved MUSP for the Project, under the "Pilot Program for Distressed
Development Sites," and the Developer has agreed to develop and lease to the City approximately
11,000 square feet within the Project, for the purpose of erecting a fire station for a term of one
hundred (100) years with two (2) ninety nine (99) year extensions at a cost of $10.00 per year, a one
time contribution by the City to the Developer of $1,000,000.00, and the waiving of certain impact fees
for the Project, with additional terms and conditions as more particularly set forth in the attachment(s).
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Section 3. The City Manager is further authorized{1} to make non -substantive amendments to
such Agreement, as needed, with terms and conditions more particularly set forth in the Development
Agreement, subject to approval by the City Attorney.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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} If the Mayor does not sign this Ordinance, 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 Ordinance, it
shall become effective immediately upon override of the veto by the City Commission
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