HomeMy WebLinkAbout07-23-15 CC Legislation (v1)is
City of Miami
Legislation
Ordinance
File Number: 15-00624da
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163,
FLORIDA STATUTES, BETWEEN CG MIAMI RIVER, LLC., APPLICANT ENTITY AND
THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN
PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES FOR THE
"MIAMI RIVER" SPECIAL AREA PLAN ("SAP"), A MIXED USE DEVELOPMENT,
LOCATED AT APPROXIMATELY 257 SW 7 ST, 243, SW 7 ST, 243 SW 6 ST, 219 SW 7
ST, 224 SW 6 ST, 501 SW 3 AVE, 233 SW 7 ST, 242 SW 5 ST, 220 SW 6 ST, 428 SW 3
AVE, 401 SW 3 AVE, 252 SW 6 ST, 243 SW 4 AVE, 255 SW SOUTH RIVER DR, 645
SW 3 AVE, 244 SW 6 ST, 330 SW SOUTH RIVER DR, 353 SW 4 ST, 621 SW 3 AVE,
260 SW 6 ST, 261 SW 6 ST, 201 SE 6 ST, 201 SE 4 AVE, INCLUDING AN EASTERN
PORTION OF JOSE MARTI PARK, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED; THE MIAMI RIVER SPECIAL AREA PLAN (SAP)
CONSISTS OF A DENSITY INCREASE AREA FROM 200 TO 400 DWELLING UNITS
PER ACRE. FOUR (4) TOWERS BETWEEN 58 AND 60 STORIES, APPROXIMATELY
4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A)
APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING
UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D)
APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL USES; E)
APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G)
APPROXIMATELY 35,964 SQUARE FEET OF CIVIC SPACE; AND H)
APPROXIMATELY 15,175 SQUARE FEET OF OPEN SPACE. AUTHORIZING THE
FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL,
COMMERCIAL, LODGING, CIVIC, AND ANY OTHER USES AUTHORIZED BY THE
"MIAMI RIVER SAP", AND PERMITTED BY THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF
THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DEVELOPMENT AGREEMENT FOR SAID PURPOSE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami River, LLC. ("Miami River") holds fee simple title to (±6.2 acres) of property on
the south bank of the Miami River, hereinafter known as Miami River and the City of Miami owns the
adjacent Jose Marti Park of which a portion of the park approximately (±2 acres) is included within the SAP;
and
WHEREAS, the Miami River Special Area Plan (SAP) is comprised of approximately 10.2 ± acres of
selected parcels; as described in Exhibit "A" qualifying as a Special Area Plan ("SAP") as per Article 3,
Section 3.9 of the Miami 21 Code, (Zoning Ordinance); and
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WHEREAS, Section 3.9 of the Miami 21 Code, the Zoning Ordinance of the City of Miami ("Miami
21 ") 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 ("SAP"); and
WHEREAS, the aforementioned location for the proposed Miami River Special Area Plan (SAP)
currently contains underutilized buildings and vacant lots. The Miami River SAP consists of a density
increase area from 200 to 400 dwelling units per acre. Developed in five (5) phases consisting of four (4)
mixed use towers between 58 and 60 stories in height, approximately 4,181,087 square feet of
development; consisting of the following A) approximately 1,678 residential units; B) approximately 330
Lodging units; C) approximately 66,541 square feet of office space; D) approximately 176,350 square feet
of commercial uses; E) approximately 2,376 parking spaces; F) approximately 17 boat slips; G)
approximately 35,964 square feet of Civic Space; and H) approximately 15,175 square feet of open space;
and
WHEREAS, pursuant to Section 3.9.1.f of Miami 21, development within a Special Area Plan shall
be pursuant to a recorded development agreement; and
WHEREAS, Miami River has submitted an application for approval of the Development Agreement
pursuant to Chapter 163 of the Florida Statutes; and
WHEREAS, the City and Miami River wish for the development of the Project to proceed
substantially in accordance with the amended Regulating Plan and Design Guidelines, attached as attached
hereto; and
WHEREAS, the City and Miami River wish for the development of the Project to conform with the
requirements of the Comprehensive Plan; and
WHEREAS, the Project is located between East Little Havana to the west, Brickell to the east and
Downtown Miami to the north; 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 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;
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution 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
Miami River LLC., and the City of Miami, relating to development of the approximately 10.2 acres, is hereby
approved.
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Section 3. The Development Agreement is applicable only to property owned by Miami River LLC.
and for the portion thereof of public improvements within and adjacent to Jose Marti Park, subject to the
development parameters set forth therein.
Section 4. The City Manager is authorized {1) to execute the Development Agreement, in
substantially the attached form as Exhibit "1 ", for said purpose.
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 immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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 vetoes by the Mayor within ten 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.
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