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Home My WebLink AboutO-13803City of Miami q Legislation Ordinance: 13803 File Number: 4665 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 City of Miami Page 1 of 3 File ID: 4665 (Revision:) Printed On: 2/8/2019 File ID: 4665 Enactment Number: 13803 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 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. 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. City of Miami Page 2 of 3 File ID: 4665 (Revision:) Printed on: 2/8/2019 File ID: 4665 Enactment Number: 13803 Section 6. The provisions for this Ordinance, as approved, shall become effective immediately upon its adoption and signature of the Mayor .2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, City Attor iey 9/1712018 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 3 of 3 File ID: 4665 (Revision:) Printed on: 2/8/2019