HomeMy WebLinkAbout02-12-15 CC FR Legislation (v2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01015da2 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN THE CITY OF MIAMI AND FORBES MIAMI NE
1ST AVENUE, LLC; MIAMI WORLDCENTER HOLDINGS, LLC; AND AFFILIATES
AND SUBSIDIARIES OF MIAMI WORLDCENTER HOLDINGS, LLC RELATING TO
THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "MIAMI
WORLDCENTER" ON APPROXIMATELY ± 24 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 OF THE
CITY CODE; AUTHORIZING DENSITY, BUILDING INTENSITIES, AND BUILDING
HEIGHTS ALL IN COMPLIANCE WITH THE MIAMI 21 CODE; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE.
WHEREAS, Miami Worldcenter Holdings, LLC, and affiliated parties (collectively "MWC") and
Forbes Miami NE 1st Avenue, LLC ("Forbes", and together with "MWC" hereinafter collectively referred
to as "Developer"), are the owners of certain real property in the City of Miami ("City") consisting of
approximately ±24 acres, zoned SD-16.3 and located between Northeast 6th Street and Northeast
11th Street and between North Miami Avenue and Northeast 2nd Avenue, Miami, Florida; and
WHEREAS, on November 3, 2009, MWC 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 the Developer 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
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File Number: 08-01015da2
described in the Amended Agreement, and has considered the health, safety, and welfare of the
citizens of the City; and
WHEREAS, the City Commission restates and 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
the Developer and the City, relating to the development of approximately ±24 acres in the Miami
Worldcenter Special District (Appendix D of the Miami 21 Code, formerly known as SD.16.3) 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 the Developer
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 purpose.
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}
APPROV�`A�'t�FORM AND CORRECTNESS:
VICTORIA M IUD
ATT Pt. EkVCITY
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Footnotes:
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File Number: 08-01015da2
{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
(10) 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.
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