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Ordinance: 13498
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01015da2 Final Action Date: 2/26/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN AMENDED AND RESTATED 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 AMENDED AND RESTATED 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
City of Miami
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File Number: 08-01015da2 Enactment Number: 13498
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
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}
Footnotes:
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File Number: 08-01015da2 Enactment Number: 13498
{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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