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HomeMy WebLinkAboutO-13974City of Miami Ordinance 13974 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8364 Final Action Date: 2/25/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN ESJ JI LEASEHOLD, LLC AND THE CITY OF MIAMI TO GOVERN THE JUNGLE ISLAND SPECIAL AREA PLAN ("SAP") COMPRISED OF APPROXIMATELY 18.61 ACRES (810,795 SQUARE FEET) OF PROPERTY LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL AND 1111 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LANDS FOR A HOTEL AND ATTRACTIONS; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF APPROXIMATELY THREE HUNDRED (300) LODGING UNITS, FIVE HUNDRED (500) PARKING SPACES, AND NEW ATTRACTIONS; THE SAP DEVELOPMENT SHALL NOT EXCEED THREE HUNDRED (300) LODGING UNITS AND SHALL CONTAIN A MINIMUM OF 40,540 SQUARE FEET OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "B", ATTACHED AND INCORPORATED, AND WITH THE MODIFICATIONS STATED HEREIN FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ESJ JI Leasehold, LLC ("Applicant") applied for a Special Area Plan ("SAP") for the properties located at approximately 1111 Parrot Jungle Trail and 1111 MacArthur Causeway, Miami, Florida under Folio Nos. 01-3231-000-0014 and 01-3231-000-0016, as more particularly described in Exhibit "A," attached and incorporated ("Property"), pursuant to the process described in Article 3, Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), titled "Special Area Plans"; and WHEREAS, the proposed "Jungle Island Special Area Plan" ("Jungle Island SAP") consists of 18.61 ± acres of land, as more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, Exhibit "A", attached and incorporated, also includes a separate sketch and legal description of the area subject to the companion proposed zoning and land use changes, which is wholly within the Jungle Island SAP Property; and WHEREAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master planning of parcels greater than nine (9) abutting acres in size through the SAP process; and City of Miami Page 1 of 3 File ID: 8364 (Revision: B) Printed On: 5/16/2025 File ID: 8364 Enactment Number: 13974 WHEREAS, the Property is a City of Miami ("City") owned property that contains the Jungle Island theme park, which is open to the general public; and WHEREAS, the Applicant is the lessee of the Property; and WHEREAS, the voters of the City approved a referendum in August 2018 to allow the redevelopment of the Property, requiring a change to the Future Land Use Map and the Zoning Atlas of the City, proposed as companion items to this Development Agreement; and WHEREAS, Section 3.9.1.f of the Miami 21 Code establishes that "[d]evelopment 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, along with the Jungle Island SAP application, the Applicant requested approval of a Development Agreement pursuant to Article 3 of the Miami 21 Code and Chapter 163, Florida Statutes, to govern the development of the Property; and WHEREAS, the Development Agreement, inter alia, includes a requirement for the Applicant to provide an annual report that contains a section by section description of its compliance with the obligations thereunder; and WHEREAS, the Development Agreement further provides that the Applicant must remain current on all financial obligations to the City, including obligations pursuant to the lease and referendum, and that the City is authorized not to issue permits or approvals should the Applicant not be in compliance with its financial obligations to the City; and WHEREAS, the Development Agreement also provides a timeline for development; and WHEREAS, an updated Development Agreement was submitted during the second reading public hearing with minor modifications; and WHEREAS, also during the second reading public hearing, the indemnification language was further modified, advertisement of at least two (2) job fairs with local job preference was added, and the establishment of a mooring field and a boating restricted area was added; and WHEREAS, the City and the Applicant agree that the Jungle Island SAP shall be developed substantially in accordance with the Regulating Plan and Concept Book as provided in the companion Jungle Island SAP application; and WHEREAS, the City and the Applicant agree that the Jungle Island SAP shall be developed in accordance with the requirements of the Miami Comprehensive Neighborhood Plan; 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 Development Agreement, in substantially the form attached and incorporated as Exhibit "B" and with the modifications as stated herein, between the Applicant City of Miami Page 2 of 3 File ID: 8364 (Revision: B) Printed on: 5/16/2025 File ID: 8364 Enactment Number: 13974 and the City to govern the development of the subject Property and the Jungle Island SAP is hereby approved pursuant to Chapter 163, Florida Statutes. Section 3. The City Manager is authorized1 to execute the Development Agreement, in substantially the form attached and incorporated as Exhibit "B", as further modified during the second reading public hearing for said purpose. Section 4. 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 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 4/6/2021 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. City of Miami Page 3 of 3 File ID: 8364 (Revision: B) Printed on: 5/16/2025