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Home My WebLink AboutO-13488City of Miami Legislation Ordinance: 13488 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00804 Final Action Date: 10/23/2014 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 RENEW AND 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, FORA 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); 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 lots, secured by chain link fencing; and City of Miami Page 1 of 3 File Id: 14-00804 (Version: 1) Printed On: 1/16/2018 File Number: 14-00804 Enactment Number: 13488 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 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 (1) 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 -Rescue 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 Development Agreement ("Agreement"); and WHEREAS, the City and the Developer wish to enter into this 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 the 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 the Developer, in substantially the attached form, for a privately -owned Property, agreeing to renew City of Miami Page 2 of 3 File Id: 14-00804 (Version: 1) Printed On: 1/16/2018 File Number: 14-00804 Enactment Number: 13488 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). 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} 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 City of Miami Page 3 of 3 File Id: 14-00804 (Version: 1) Printed On: 1/16/2018