HomeMy WebLinkAboutO-13506City of Miami
Legislation
Ordinance: 13506
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01196da2 Final Action Date: 3/12/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN 4201 NE 2ND AVE, LLC, AND THE CITY OF
MIAMI, FLORIDA ("CITY"), BY ADDING AN ADDITIONAL PROPERTY LOCATED AT
APPROXIMATELY 220 NORTHEAST 43RD STREET, MIAMI, FLORIDA, TO THE
PREVIOUSLY APPROVED MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL
AREA PLAN ("MDDRS SAP") AND RELATED DEVELOPMENT AGREEMENT, 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, CIVIL
SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE MDDRS SAP AND
RELATED DEVELOPMENT AGREEMENT, AND PERMITTED BY THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN -FUTURE LAND USE MAP
DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING
ORDINANCE; AUTHORIZING A DENSITY OF APPROXIMATELY 65 UNITS PER
ACRE; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 81 FEET; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE 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 ("MDDRS") 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 ("City"), Florida ("Miami 21
Code"), and
WHEREAS, an amendment was made to the original SAP by adding twelve (12) new
properties and adjusting the original development program to include an additional 86,263 square
feet of lot area, for a new lot area total of 917,495 square feet or approximately 21.06 acres,
approved on October 24, 2013 by Ordinance No. 13414, pursuant to Article 3 and Article 7 of the
Miami 21 Code; and
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, 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 MDDRS SAP ("Project"), herein attached as Exhibit "A," and is required to enter into a
Development Agreement pursuant to Chapter 163 of the Florida Statutes, and Section 3.9.1.f. of the
Miami 21 Code; and
WHEREAS, the amended Project includes one (1) new property, located at approximately 220
Northeast 43rd Street, Miami, Florida, and proposes a development program to include an additional
City of Miami
Page 1 of 3 File Id: 11-01196da2 (Version: 3) Printed On: 2/15/2018
File Number: 11-01196da2 Enactment Number: 13506
80,976 square feet (1.86 acres) of lot area, for a new lot area total of 995,668 square feet or
approximately 22.86 acres; and
WHEREAS, the proposed expanded Project will facilitate redevelopment, and benefit the area
by creating residential units, hotel rooms, commercial uses, as well as civic and open spaces for the
enjoyment of the general public; and
WHEREAS, the expanded Project will integrate public improvements and infrastructure while
providing greater flexibility, resulting in higher quality or more specialized building and streetscape
design; 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 Project 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;
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 hereby
adopted by reference thereto and incorporated herein as 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 Development Agreement are hereby adopted by
reference and incorporated as fully set forth in this Section.
Section 4. The City Manager is authorized {1 } to execute the 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}.
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File Number: 11-01196da2 Enactment Number: 13506
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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) 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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