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Home My WebLink AboutO-13802City of Miami Ordinance 13802 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4664 Final Action Date: 1/24/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING GROUP, INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF - CIRCLE PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC, LOVELY RITA ACQUISITIONS, LLC, OAK PLAZA ASSOCIATES (DEL.) LLC, BEN NEWTON LLC, SWEET VIRGINIA ACQUISITIONS, LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA DESIGN 4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN GIRL DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW, LLC, TINY DANCER ACQUISITIONS, LLC, AND THE CITY OF MIAMI ("CITY") REGARDING THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") FOR THE PURPOSE OF RELEASING FLAGLER HOLDING GROUP, INC. ("FLAGLER") FROM THE MDDRS SAP DEVELOPMENT AGREEMENT AND REMOVING THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED WITH THE INTENTION THAT FLAGLER WILL ENTER INTO A NEW DEVELOPMENT AGREEMENT WITH THE CITY THAT IS SUBSTANTIALLY SIMILAR IN NATURE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AMENDED AND RESTATED 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 Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, pursuant to Ordinance No. 13414 adopted on October 24, 2013, an amendment was made to the MDDRS 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, pursuant to Article 3 and Article 7 of the Miami 21 Code; and WHEREAS, pursuant to Ordinance No. 13505 adopted on March 12, 2015, another amendment was made to the MDDRS SAP that added two (2) new properties and adjusted the 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 City of Miami Page 1 of 3 File ID: 4664 (Revision:) Printed On: 4/15/2025 File ID: 4664 Enactment Number: 13802 WHEREAS, pursuant to Ordinance No. 13604 adopted on April 28, 2016, another amendment was made to the MDDRS SAP that removed two (2) existing properties and adjusted the original development program to remove approximately 13,068 square feet of lot area for a new lot area total of 982,600 square feet, or approximately 22.56 acres; 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, Florida Statutes, and Section 3.9.1.f. of the Miami 21 Code; and WHEREAS, the developer parties of the MDDRS SAP wishes to amend the SAP Development Agreement by releasing Flagler Holding Group, Inc. ("Flagler") and the parcel located at approximately 4218 Northeast 2nd Avenue, Miami, Florida ("Property") from the Master Development Agreement, in substantially the form attached and incorporated as Exhibit "B", and for Flagler to enter into a separate Development Agreement with the City of Miami ("City") for the parcel located at approximately 4218 Northeast 2nd Avenue, Miami, Florida; and WHEREAS, Flagler and the parcel located at approximately 4218 Northeast 2nd Avenue, Miami, Florida will remain subject to the MDDRS SAP; and WHEREAS, amending the MDDRS SAP Development Agreement to release Flagler and the Property and permitting the proposed new Development Agreement with Flagler will continue to facilitate redevelopment and benefit the area by allowing residential units and commercial uses as well as civic and open space for the enjoyment of the general public; and WHEREAS, amending the MDDRS SAP Development Agreement to release Flagler and the Property and permitting the proposed new Development Agreement with Flagler will pose no negative impact to the originally approved Master Development Agreement or the MDDRS SAP; 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 if fully set forth in this Section. Section 2. The Second Amendment to the Amended and Restated Development Agreement is applicable only to property owned by Monte Carlo Associates (Del.) LLC, Half - Circle Property (Del.) LLC, Norwegian Wood Acquisitions, LLC, Lovely Rita Acquisitions, LLC, Oak Plaza Associates (Del.) LLC, Ben Newton LLC, Sweet Virginia Acquisitions, LLC, Dacra City of Miami Page 2 of 3 File ID: 4664 (Revision:) Printed on: 4/15/2025 File ID: 4664 Enactment Number: 13802 Design Moore (Del.) LLC, FCAA, LLC, Dacra Design 4141 LLC, Penny Lane Acquisitions, LLC, Uptown Girl Development, LLC, Sun King, LLC, MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LLC that are part of the MDDRS SAP, subject to the development parameters set forth therein. Section 3. The findings of fact set forth in the Second Amendment to the Amended and Restated Development Agreement, attached and incorporated as Exhibit "B", are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 4. The City Manager is authorized to execute the Second Amendment to the Amended and Restated 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. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 9/17/2018 City of Miami Page 3 of 3 File ID: 4664 (Revision:) Printed on: 4/15/2025