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Ordinance: 13571
File Number: 15-00624da
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2015
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 SPECIALAREA PLAN ("MIAMI RIVER SAP"), A MIXED USE
DEVELOPMENT, LOCATED WITHIN THE BOUNDARIES OF THE MIAMI RIVER TO
THE NORTH, SOUTHWEST 7 STREET TO THE SOUTH, SOUTHWEST 2 AVENUE
TO THE EAST, SOUTHWEST 3 AVENUE TO THE WEST, AND THE EASTERN
PORTION OF JOSE MARTI PARK, EXTENDING NORTHWEST OF THE MIAMI
RIVER AND TERMINATING AT SOUTHWEST 2 STREET, MIAMI, FLORIDA; AS
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE MIAMI
RIVER 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) A MINIMUM OF 35,964 SQUARE FEET OF
CIVIC SPACE; AND H) A MINIMUM OF 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 A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, CG Miami River LLC ("Applicant") holds fee simple title to approximately 6.2 ±
acres of property on the south bank of the Miami River as legally described in "Exhibit A," and the City
of Miami ("City") owns the adjacent Jose Marti Park of which a portion of the park, approximately four
(4) acres, is included within the Miami River Special Area Plan ("Miami River SAP"); and
WHEREAS, the Miami River SAP is comprised of approximately 10.2 ± acres of selected
parcels, as described in Exhibit "A" qualifying as a Special Area Plan as per Article 3, Section 3.9 of
the Miami 21 Code, the Zoning Ordinance of the City of Miami ("Miami 21 Code"); 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
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File Number: 15-00624da Enactment Number: 13571
WHEREAS, the aforementioned location for the proposed Miami River SAP currently contains
underutilized buildings and vacant lots, and it 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) a
minimum of 35,964 square feet of civic space; and H) a minimum of 15,175 square feet of open
space; and
WHEREAS, pursuant to Section 3.9.1.f of the Miami 21 Code, development within a Special
Area Plan shall be pursuant to a recorded development agreement; and
WHEREAS, Applicant has submitted an application for approval of the Development
Agreement pursuant to Chapter 163 of the Florida Statutes; and
WHEREAS, the City and Applicant wish for the development of the project to proceed
substantially in accordance with the Regulating Plan and Design Guidelines, as attached hereto, as
may be amended from time to time; and
WHEREAS, the City and Applicant 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 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, pursuant to Chapter 163 of the Florida Statutes,
between Applicant and the City, relating to development of the approximately 10.2 acres, is hereby
approved.
Section 3. The Development Agreement is applicable only to property owned by Applicant and
for the portion thereof of public improvements within and adjacent to Jose Marti Park, subject to the
development parameters set forth therein.
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File Number: 15-00624da Enactment Number: 13571
Section 4. The City Manager is authorized {1} to execute the Development Agreement, in
substantially the attached form, 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}
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
(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.
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