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HomeMy WebLinkAboutO-14388City of Miami Ordinance 14388 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17658 Final Action Date: 7/24/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SAID DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B," BETWEEN 120 NE 20TH STREET, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("120 STREET"); 2020 BISCAYNE BLVD, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("2020 BISCAYNE"); 2060 BISCAYNE BLVD, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("2060 BISCAYNE"); 2060 NE 2ND AVE., LLC, A DELAWARE LIMITED LIABILITY COMPANY ("2060 NE"); 246 NE 20TH TERRACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("246 NE"); BRAMAN HYUNDAI, INC., A FLORIDA CORPORATION ("BRAMAN HYUNDAI"); BRAMAN LEIBOWITZ GAS STATION, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRAMAN GAS"); BRAMAN LEIBOWITZ SERVICE AND PARTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRAMAN SERVICE"); BRAMAN LEIBOWITZ TEMPLE LOTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRAMAN TEMPLE"); BRAMAN-LEIBOWITZ MIAMI DOWTOWN PROPERTIES I, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRAMAN PROPERTIES I"); BRAMAN-LEIBOWTIZ MIAMI DOWNTOWN PROPERTIES II, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRAMAN PROPERTIES II"); BRAMAN-LEIBOWITZ PARKING GARAGE, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("BRAMAN PARKING"); AND N.B. LEASING, INC., A FLORIDA CORPORATION ("N.B. LEASING") (COLLECTIVELY, "APPLICANT") AND THE CITY OF MIAMI, FLORIDA ("CITY"), GOVERNING THE PROPERTIES GENERALLY LOCATED AT 2020 AND 2060 BISCAYNE BOULEVARD; 2001, 2010, AND 2060 NORTHEAST 2ND AVENUE; 94, 106, 114, AND 246 NORTHEAST 20TH TERRACE; AND 111,120, AND 137 NORTHEAST 20 STREET, MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A", SUCH DEVELOPMENT AGREEMENT WOULD ALLOW DEVELOPMENT, AS DESCRIBED IN THE FOLLOWING PHASES: PHASE 1A INCLUDES AN 11-STORY AUTO -SERVICE BUILDING WITH 339 SERVICE BAYS, 620 PARKING SPACES, CONSISTING OF 1,176,000 SQUARE FEET; PHASE 1B, DEVELOPMENT OF A WOONERF OF 29,160 SQUARE FEET ALONG NORTHEAST 20TH TERRACE BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD; PHASE 2, A 60- STORY MIXED -USE BUILDING OF 1,300,000 SQUARE FEET AND 624 DWELLING UNITS; PHASE 3, A 60-STORY MIXED -USE BUILDING OF 825,000 SQUARE FEET AND 550 DWELLING UNITS; AND PHASE 4 IS THE RENOVATION OF A GAS STATION OF 4,000 SQUARE FEET; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 1 of 4 File ID: 17658 (Revision: A) Printed On: 8/19/2025 File ID: 17658 Enactment Number: 14388 WHEREAS, 120 NE 20th Street, LLC, a Delaware Limited Liability Company ("120 Street"); 2020 Biscayne Blvd, LLC, a Delaware Limited Liability Company ("2020 Biscayne"); 2060 Biscayne Blvd, LLC, a Delaware Limited Liability Company ("2060 Biscayne"); 2060 NE 2nd Ave, LLC, a Delaware Limited Liability Company ("2060 NE"); 246 NE 20th Terrace, LLC, a Delaware Limited Liability Company ("246 NE"); Braman Hyundai, Inc, a Florida corporation ("Braman Hyundai"); Braman Leibowitz Gas Station, LLC, a Delaware Limited Liability Company ("Braman Gas"); Braman Leibowitz Service And Parts, LLC, a Delaware Limited Liability Company ("Braman Service"); Braman Leibowitz Temple Lots, LLC, a Delaware Limited Liability Company ("Braman Temple"); Braman -Leibowitz Miami Downtown Properties I, LLC, A Delaware Limited Liability Company ("Braman Properties I"); Braman-Leibowtiz Miami Downtown Properties II, LLC, a Delaware Limited Liability Company ("Braman Properties II"); Braman -Leibowitz Parking Garage, LLC, a Delaware Limited Liability Company ("Braman Parking"); and N.B. Leasing, Inc., a Florida Corporation ("N.B. Leasing") (collectively, "Applicant") applied for a Special Area Plan ("SAP") for 12.9 acres of property located at approximately 120 Northeast 20th Street; 2020 and 2060 Biscayne Boulevard; 2060 Northeast 2nd Avenue, 246 Northeast 20th Terrace, 2001 Northeast 2nd Avenue, 2010 Northeast 2nd Avenue, 2060 Northeast 2nd Avenue, 94 Northeast 20th Terrace, 106 Northeast 20th Terrace, 111 Northeast 20 Street, 114 Northeast 20 Terrace, and 137 Northeast 20th Street, as more particularly described in Exhibit "A," (the "SAP Area" or "Property") pursuant to the process described in Article 3, Section 3.9 and Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") titled "Special Area Plans"; 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; and WHEREAS, this process is referred to as an SAP; and WHEREAS, Section 3.9.1.f of the Miami 21 Code provides 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, the "Braman Miami Campus Special Area Plan" ("SAP" or "Braman SAP") consists of ±12.9 acres of land to be developed in the following phases: Phase 1A includes an 11-Story auto -service Building with 339service bays, 620 parking spaces, consisting of approximately 1,176,000 square feet; Phase 1B includes the development of a Woonerf of approximately 29,160 square feet along Northeast 20th Terrace between Northeast 2nd Avenue and Biscayne Boulevard; Phase 2 includes a 60-Story mixed -Use Building of approximately 1,300,000 square feet and 624 Dwelling Units; Phase 3 includes a 60-Story mixed -Use Building of approximately 825,000 square feet and 550 Dwelling Units; and Phase 4 is the renovation of a gas station of approximately 4,000 square feet; and WHEREAS, the Applicant also submitted a companion SAP Designation, ePlan ID PZ- 22-15092, to add the "SAP" zoning overlay while keeping the underlying zoning classifications of T6-36A-O, T6-36B-O, T6-12-0, and T6-8-O in the "SAP Area" for the properties more particularly described in Exhibit "A," with an amendment to the Future Land Use Map ("FLUM"); and WHEREAS, the Applicant also submitted a companion Comprehensive Plan Amendment, ePlan ID PZ-22-15091, to amend the FLUM designation from "Restricted Commercial" to "General Commercial" for 5.26 acres of the SAP Area — all "SAP" parcels west of Northeast 2 Avenue; and City of Miami Page 2 of 4 File ID: 17658 (Revision: A) Printed on: 8/19/2025 File ID: 17658 Enactment Number: 14388 WHEREAS, the Applicant has requested approval of a new development agreement ("Braman Development Agreement"), a draft of which is attached and incorporated as Exhibit "B," to govern the development of the Property in the SAP Area, pursuant to Article 3 of the Miami 21 Code and Chapter 163 of the Florida Statutes; and WHEREAS, the Development Agreement, inter alia, will include 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 will further provide that the Applicant must remain current on all obligations to the City and that the City is authorized to withhold permits or approvals, should the Applicant not be in compliance with its obligations to the City; and WHEREAS, the proposed Braman SAP will reimagine the existing automotive uses by master planning the area into a cohesive, pedestrian -friendly campus, with mixed -Use Buildings and residential towers to support the Edgewater Neighborhood; and WHEREAS, the proposed Braman SAP will facilitate the redevelopment of and benefit the surrounding area by creating residential units, commercial Uses, as well as Civic and Open Space, such as a Woonerf on Northeast 20th Terrace and enhanced streetscapes, for the enjoyment of residents, patrons, and the general public; and WHEREAS, the Braman SAP will integrate public improvements and infrastructure, resulting in enhanced streetscape design; and WHEREAS, the Braman SAP will create certain recurring and nonrecurring financial benefits as well as temporary and permanent jobs; and WHEREAS, consideration has been given to whether the proposed Braman SAP will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the "Miami 21 Code," and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed "Braman SAP"; WHEREAS, the City and the Applicant wish for the development of the Braman SAP to proceed substantially in accordance with the Regulating Plan and Design Guidelines; and WHEREAS, the City and the Applicant wish for the development of the Braman SAP to conform with the requirements of the MCNP; and WHEREAS, assurance to the developer 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 Applicant will address any City comments on the Development Agreement; 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 to approve a new Braman Development Agreement, in a form acceptable to the City Attorney; City of Miami Page 3 of 4 File ID: 17658 (Revision: A) Printed on: 8/19/2025 File ID: 17658 Enactment Number: 14388 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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, pursuant to Chapter 163 of the Florida Statutes, between the Applicant and the City, to govern the development of the Property in the SAP Area, is hereby approved, in a form acceptable to the City Attorney, with the following condition: 1. The Third -Party Defense provision shall be replaced with an indemnity provision requiring the Developer to indemnify the City. Section 3. The City Manager is authorized to negotiate and execute the Development Agreement, in a form acceptable to the City, a draft of which is attached hereto and incorporated herein as Exhibit "B," for said purpose. Section 4. The Development Agreement is applicable to the Property in the SAP Area, as described in the attached and incorporated Exhibit "A," which are owned by the Applicant, subject to the development parameters set forth therein. Section 5. 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 6. This Ordinance shall become effective ten (10) days upon final reading and adoption.2 APPROVED AS TO FORM AND CORRECTNESS: rge Wy ng III, C ty ttor -y 8/6/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City 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. City of Miami Page 4 of 4 File ID: 17658 (Revision: A) Printed on: 8/19/2025