HomeMy WebLinkAboutCC 01-22-15 FR Legislation (v1)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01196da2 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT
AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN
"MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)"
APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING
ADDITIONAL PROPERTY LOCATED AT APPROXIMATELY 220 NORTHEAST 43RD
STREET, MIAMI, FLORIDA; TO THE PREVIOUSLY -APPROVED "MDDRS SAP"; FOR
THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES;
AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO:
RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL
SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "MDDRS SAP" AND
PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE
LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI
ZONING ORDINANCE DESIGNATION; AUTHORIZING A DENSITY OF
APPROXIMATELY 65 UNITS PER ACRE; AUTHRORIZING A MAXIMUM BUILDING
HEIGHT OF 81 FT.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT TO THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the original "Miami Design District Retail Street" is a 19.08-acre Special Area Plan
("SAP") approved on July 26, 2012 by Ordinance No. 13334, pursuant to Article 3 and Article 7 of the Miami
21 Code, the Zoning Ordinance of the City of Miami, Florida, ("Zoning Ordinance"), and
WHEREAS, pursuant to Section 3.9.1.f. of the Zoning Ordinance, development within a SAP shall
be pursuant to a recorded development agreement; and
WHEREAS, the applicant has submitted an application for amendment to the previously -approved
"Miami Design District Retail Street SAP" (The "Project"), herein attached as Exhibit "A", having the need to
amend the Development Agreement pursuant to Chapter 163 of the Florida Statutes; and
WHEREAS, the amended SAP includes one (1) new property at approximately 220 Northeast 43rd
Street, Miami, Florida, and proposes a development program to include an additional 80,976 square feet of
lot area for a new lot area total of 995,668 square feet or approximately 22.92 acres, and
WHEREAS, the proposed expanded MDDRS SAP will facilitate redevelopment and benefit the area
by creating residential units, hotel rooms, commercial uses, as well as civic and open space for the
enjoyment of the general public, and
WHEREAS, the expanded SAP will integrate public improvements and infrastructure while providing
greater flexibility resulting in higher or specialized quality building and streetscape design;
City of Miami
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File Number: 11-01196da2
and
WHEREAS, projects such as this are critically important to the economic revitalization and
enhancement of the City, in general, and specifically, the Miami Design District area; and
WHEREAS, the expanded MDDRS SAP will create certain recurring and nonrecurring financial
benefits as well as temporary and permanent jobs; and
WHEREAS, the lack of certainty in the approval of development can result in a waste of economic
and land resources, discourage sound capital improvement planning and financing, escalate the cost of
housing and development, and discourage commitment to comprehensive planning; and
WHEREAS, assurance to the applicant that it may proceed in accordance with existing laws and
policies, subject to the conditions of a development agreement, strengthens the public planning process;
and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance
as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted
by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Development Agreement is applicable only to properties owned by the MDDRS SAP
applicant and affiliated parties, subject to the development parameters set forth therein.
Section 3. The findings of fact set forth in the amended Development Agreement are hereby
adopted by reference and incorporated as if fully set forth in this Section.
Section 4. The City Manager is authorized {1} to execute the amended Development Agreement, in
substantially the attached form, for said purpose.
Section 5. In the event that any portion or section of this Ordinance is determined to be invalid,
illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner
affect the remaining portions of this Ordinance which shall remain in full force and effect.
Section 6. The provisions for this Ordinance, as approved, shall become effective immediately upon
its adoption and signature of the Mayor. {2}.
Footnotes:
City of Miami
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File Number: 11-01196da2
{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 vetoed by the Mayor within
ten 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 or upon the effective
date stated herein, whichever is later.
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