HomeMy WebLinkAboutOrdinance No. 13604Vop City of Miami
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° R `O Ordinance: 13604
File Number: 11-01196da3
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/28/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA
STATUTES, BETWEEN THE "MIAMI DESIGN DISTRICT RETAIL STREET"
("MDDRS") SPECIAL AREA PLAN ("SAP") APPLICANT ENTITIES, AS DESCRIBED
IN EXHIBIT "A", (COLLECTIVELY "APPLICANTS") AND THE CITY OF MIAMI TO
REMOVE THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61
NORTHEAST 41 STREET FROM THE MDDRS SAP AND TO AMEND THE
REGULATING PLAN TO REFLECT THE REMOVAL OF THE PROPERTIES;
AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO:
RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL, CIVIL
SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE MDDRS SAP AND
RELATED DEVELOPMENT AGREEMENT, AND PERMITTED BY THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN -FUTURE LAND USE MAP
DESIGNATION AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING A DENSITY OF
APPROXIMATELY 65 UNITS PER ACRE; AUTHORIZING A MAXIMUM BUILDING
HEIGHT OF 81 FEET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 13334, adopted on July 26, 2012, the City Commission
approved the original "Miami Design District Retail Street" ("MDDRS"), a 19.08 acre Special Area Plan
("SAP") established pursuant to Article 3 and Article 7 of the Miami 21 Code, the Zoning Ordinance of
the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, pursuant to Ordinance No. 13414, adopted on October 24, 2013, the City
Commission approved an amendment to the original SAP that added twelve (12) new properties and
adjusted 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, the City Commission
approved an amendment to the original SAP that added two (2) new properties and adjusted the
original 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 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 MDDRS SAP applicant entities, as described in Exhibit "A" (collectively
City of Miami Page 1 of 3 File Id. 11-01196da3 (Version: 1) Printed On: 5/3/2018
File Number: 11-01196da3 EnactmentNamber: 13604
"Applicant"), have submitted an application for amendment to the previously approved MDDRS SAP
("Project"), herein attached as Exhibit "A", and is required to enter into a Development Agreement
pursuant to Chapter 163 of the Florida Statutes, and Section 3.9.1.f. of the Miami 21 Code; and
WHEREAS, the Applicant wishes to amend the SAP Regulating Plan and Concept Book by
removing two (2) properties from the original development program to remove 13,068 square feet of
lot area for a new lot area total of 982,600 square feet or approximately 22.56 acres, said parcels are
located at approximately 53 and 61 Northeast 41 Street, Miami, Florida; and
WHEREAS, the amended SAP will remove parcels that were recently conveyed to the Institute of
Contemporary Art, Miami, Inc., and have since received separate approvals from the City of Miami for
Civic/Institutional Use; and
WHEREAS, the removal of the parcels located at 53 and 61 Northeast 41 Street, Miami, Florida
necessitates an amendment to the regulating plan, attached as Exhibit "B" to the Development
Agreement; and
WHEREAS, the proposed amended SAP will continue to facilitate redevelopment and benefit the
area by creating residential units, commercial uses, as well as civic and open space for the enjoyment
of the general public; and
WHEREAS, the removed parcels will pose no negative impact to the originally approved SAP;
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 owned by the MDDRS SAP
Applicant and affiliated parties, subject to the development parameters set forth therein.
Section 3. The findings of fact set forth in the Amended and Restated Development Agreement
are hereby adopted by reference and incorporated as fully set forth in this Section.
Section 4. The City Manager is authorized {1 } to execute the Amendment to the Amended and
Restated 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}
Footnotes:
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File Number: 11-01196da3
Enactment Number: 13604
{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 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.
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