HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER
163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP,
INC., A FLORIDA PROFIT CORPORATION, AND THE CITY OF MIAMI
("CITY"), RELATED TO THE PROPERTY LOCATED AT
APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, ASSOCIATED WITH THE PREVIOUSLY APPROVED
"MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA" ("MDDRS
SAP") 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, PARKING
GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE
MAP DESIGNATION AND THE CITY'S ZONING DESIGNATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION(S): Approximately 4218 NE 2 Avenue [Commissioner Keon Hardemon -
District 5]
APPLICANT(S): Neisen O. Kasdin, Esq., on behalf Miami Design District Associates,
LLC ("MDDA")
PURPOSE: This will authorize the City Manager to execute a Development Agreement
with Flagler Holding Group, Inc. ("Flagler"), an existing entity and property within the
previously approved Miami Design District Retail Street Special Area Plan.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
City of Miami File ID: 4665 (Revision:) Printed On: 2/8/2019
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13803
File Number: 4665 Final Action Date: 1/24/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER
HOLDING GROUP, INC., A FLORIDA PROFIT CORPORATION, AND THE CITY OF
MIAMI ("CITY"), RELATED TO THE PROPERTY LOCATED AT APPROXIMATELY 4218
NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, ASSOCIATED WITH THE
PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL
AREA" ("MDDRS SAP") 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, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP
DESIGNATION AND THE CITY'S ZONING DESIGNATION; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the original Miami Design District Retail Street ("MDDRS") is a 19.08 acre
Special Area Plan ("SAP") approved on July 26, 2012 by Ordinance No. 13334 pursuant to
Article 3 and Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"); and
WHEREAS, pursuant to Ordinance No. 13414 adopted on October 24, 2013, an
amendment was made to the MDDRS SAP by adding twelve (12) new properties and adjusting
the original development program to include an additional 86,263 square feet of lot area for a
new lot area total of 917,495 square feet, or approximately 21.06 acres, pursuant to Article 3
and Article 7 of the Miami 21 Code; and
WHEREAS, pursuant to Ordinance No. 13505 adopted on March 12, 2015, another
amendment was made to the MDDRS SAP that added two (2) new properties and adjusted the
development program to include an additional 80,976 square feet of lot area for a new lot area
total of 995,668 square feet, or approximately 22.92 acres; and
WHEREAS, pursuant to Ordinance No. 13604 adopted on April 28, 2016, another
amendment was made to the MDDRS SAP that removed two (2) existing properties and
adjusted the original development program to remove approximately 13,068 square feet of lot
area for a new lot area total of 982,600 square feet, or approximately 22.56 acres; and
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within a
SAP shall be pursuant to a recorded Development Agreement; and
WHEREAS, the developer parties to the MDDRS SAP, including Flagler Holding Group,
Inc. ("Flagler"), wish to amend the MDDRS SAP Development Agreement to release Flagler and
the parcel located at approximately 4218 Northeast 2nd Avenue, Miami, Florida from the original
City of Miami File ID: 4665 (Revision:) Printed On: 2/8/2019
Master Development Agreement and for Flagler to enter into a separate Development
Agreement with the City of Miami ("City") for the parcel located at approximately 4218 Northeast
2nd Avenue, Miami, Florida, in substantially the form attached and incorporated as Exhibit "B";
and
WHEREAS, Flagler Holding Group, Inc. and the parcel located at approximately 4218
Northeast 2nd Avenue, Miami, Florida, will remain subject to the MDDRS SAP; and
WHEREAS, the proposed new Development Agreement with Flagler will continue to
facilitate redevelopment and benefit the area by allowing residential units and commercial uses
as well as civic and open space for the enjoyment of the general public; and
WHEREAS, permitting Flagler to enter into a separate Development Agreement with the
City for the parcel located at approximately 4218 Northeast 2nd Avenue, Miami, Florida will pose
no negative impact to the originally approved Master Development Agreement; 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;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Development Agreement is applicable only to property located at
approximately 4218 Northeast 2nd Avenue, Miami, Florida owned by the Flagler subject to the
development parameters set forth therein.
Section 3. The findings of fact set forth in the Development Agreement are hereby
adopted by reference and incorporated as if fully set forth in this Section.
Section 4. The City Manager is authorized' to execute the Development Agreement, in
substantially the attached form, for said purpose.
Section 5. In the event that any portion or section of this Ordinance is determined to be
invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision
shall in no manner affect the remaining portions of this Ordinance, which shall remain in full
force and effect.
Section 6. The provisions for this Ordinance, as approved, shall become effective
immediately upon its adoption and signature of the Mayor.2
' 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.
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
City of Miami File ID: 4665 (Revision:) Printed On: 2/8/2019
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez,ity ttor ey
911712018
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami File ID: 4665 (Revision:) Printed On: 21812019