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Home My WebLink AboutO-13825City of Miami Ordinance 13825 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5090 Final Action Date: 1/24/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SECOND DEVELOPMENT AGREEMENT ("AGREEMENT") PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN TOBACCO ROAD PROPERTY HOLDINGS, LLC, BCC ROAD IMPROVEMENT LLC, AND 2 INDIAN CREEK HOLDINGS, LLC (COLLECTIVELY, "APPLICANT") AND THE CITY OF MIAMI TO GOVERN THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC -SAP") BY EXPANDING THE BOUNDARIES TO ENCOMPASS TWO (2) ADDITIONAL BUILDING SITES IDENTIFIED AS "BCC-650 SMA" AND "BCC - AP" COMPRISED OF THE PROPERTIES LOCATED AT APPROXIMATELY 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, 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 BCC -SAP AND PERMITTED BY THE EXISTING T6-48B-O, "URBAN CORE TRANSECT ZONE — OPEN," DESIGNATION; THE AMENDMENT IS PROPOSING A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FOR A TOTAL OF 58,400 SQUARE FEET; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA OR PROVIDE LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE OR LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tobacco Road Property Holdings, LLC, BCC Road Improvement LLC, and 2 Indian Creek Holdings, LLC (collectively, "Applicant") hold fee simple title of 96,938 square feet (±2.39 acres) of property comprised of two (2) building sites identified as "BCC-650 SMA" and "BCC -AP", located north of the Brickell CityCentre West Block ("BCC-W') and west of the Brickell CityCentre North Block ("BCC-N") and Brickell CityCentre North Square ("BCC-N2") area of downtown Miami, as more particularly described in Exhibit "A," attached and City of Miami Page 1 of 4 File ID: 5090 (Revision: B) Printed On: 4/15/2025 File ID: 5090 Enactment Number: 13825 incorporated; and WHEREAS, the Applicant wishes to incorporate "BCC-650 SMA" and "BCC -AP" (collectively, "Subject Properties") into the previously -approved Brickell CityCentre Special Area Plan ("SAP") for a new approximate total of 13.96 acres; and WHEREAS, Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), authorizes the assembly and master planning of parcels greater than nine (9) abutting acres in size; and WHEREAS, this process is referred to as a Special Area Plan; and WHEREAS, the Project is located in the Downtown Development of Regional Impact ("DDRI"); and WHEREAS, as of the date of the Third Amendment to the previously -approved SAP, the DDRI has sufficient development capacity to accommodate the Project and the Applicant intends to reserve such capacity with the City; and WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within the SAP shall be pursuant to a recorded development agreement; and WHEREAS, the Applicant has submitted an application for the third amendment to the SAP and in association with that application, the Applicant has requested approval of an additional Development Agreement pursuant to Chapter 163, Florida Statutes, attached and incorporated as Exhibit "B," to govern the development of the Subject Properties, meanwhile the previously approved Development Agreement, as amended, will be governing the BCC -SAP, as amended up to the second amendment; and WHEREAS, the City and the Applicant wish for the development of the Project to proceed substantially in accordance with the amended Regulating Plan, Design Guidelines, and Concept Book; and WHEREAS, the City and the Applicant wish for the development of the Project to conform with the requirements of the Miami Comprehensive Neighborhood Plan ("MCNP"); 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, Section 3.9.1(f) of the Miami 21 Code establishes that "Development within the Special Area Plan shall be pursuant to a recorded development agreement that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits"; and WHEREAS, the Planning Department deems that the Development Agreement must contain a series of safeguards for the applicant and for the City as well, for which an annual City of Miami Page 2 of 4 File ID: 5090 (Revision: B) Printed on: 4/15/2025 File ID: 5090 Enactment Number: 13825 report of activities is required; and WHEREAS, the Planning Department strongly recommends the amendment of the previously approved Development Agreement, as amended, observing the aforementioned conditions and making it applicable to the SAP in its entirety; 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 if fully set forth in this Section. Section 2. The second Development Agreement pursuant to Chapter 163, Florida Statutes, between the Applicant and the City to govern the development of the Subject Properties is hereby approved. Section 3. This second Development Agreement is applicable only to Subject Properties also known as "BCC-650 SMA" and "BCC -AP", subject to the development parameters set forth therein and with the limitations provided by the conditions for approval provided by the Planning Department. Section 4. The findings set forth in Section 10 of this second Development Agreement are hereby adopted by reference and incorporated as if fully set forth in this Section. The City Commission hereby amends Chapters 54 and 55 of the City Code by waiving the requirements of said provisions as set forth in Section 10 of the Development Agreement, subject to any conditions specifically included therein. Said modifications to Chapters 54 and 55 of the City Code are expressly intended to permit the construction of portions of the Project which encroach into public right-of-way, with the limitations provided by the conditions for approval provided by the Planning Department. Section 5. The findings set forth in Section 8(c) of this second Development Agreement are hereby adopted by reference and incorporated as if fully set forth in this Section. The City Commission hereby amends Chapters 17 of the City Code by waiving or modifying the requirements of said provision as set forth in Section 8(c) of this second Development Agreement, subject to any conditions specifically included therein, with the limitations provided by the conditions for approval provided by the Planning Department. Section 6. The City Manager is authorized 1 to execute the second Development Agreement, in substantially the attached form, for said purpose. Section 7. The conditions recommended by the Planning Department are adopted by the City Commission as conditions of the Development Agreement. 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 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 City Code provisions. City of Miami Page 3 of 4 File ID: 5090 (Revision: B) Printed on: 4/15/2025 File ID: 5090 signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor Enactment Number: 13825 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. City of Miami Page 4 of 4 File ID: 5090 (Revision: B) Printed on: 4/15/2025