HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER
163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING GROUP,
INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF -CIRCLE
PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC,
LOVELY RITA ACQUISITIONS, LLC, OAK PLAZA ASSOCIATES (DEL.)
LLC, BEN NEWTON LLC, SWEET VIRGINIA ACQUISITIONS, LLC,
DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA DESIGN
4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN GIRL
DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW, LLC,
TINY DANCER ACQUISITIONS, LLC, AND THE CITY OF MIAMI ("CITY")
REGARDING THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL
AREA PLAN ("MDDRS SAP") FOR THE PURPOSE OF RELEASING
FLAGLER HOLDING GROUP, INC. ("FLAGLER") FROM THE MDDRS
SAP DEVELOPMENT AGREEMENT AND REMOVING THE PROPERTY
LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED WITH THE INTENTION THAT
FLAGLER WILL ENTER INTO A NEW DEVELOPMENT AGREEMENT
WITH THE CITY THAT IS SUBSTANTIALLY SIMILAR IN NATURE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT TO THE AMENDED AND RESTATED 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 an amendment to
Amended and Restated Design District SAP Development Agreement to release Flagler
Holding Group, Inc. ("Flagler") as a Developer Party, on the condition that Flagler enters
into a separate development agreement with the City.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
City of Miami File ID: 4664 (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:13802
File Number: 4664 Final Action Date: 1/24/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SECOND AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING
GROUP, INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF -CIRCLE PROPERTY
(DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC, LOVELY RITA ACQUISITIONS,
LLC, OAK PLAZA ASSOCIATES (DEL.) LLC, BEN NEWTON LLC, SWEET VIRGINIA
ACQUISITIONS, LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA
DESIGN 4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN GIRL
DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW, LLC, TINY DANCER
ACQUISITIONS, LLC, AND THE CITY OF MIAMI ("CITY") REGARDING THE MIAMI
DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") FOR THE
PURPOSE OF RELEASING FLAGLER HOLDING GROUP, INC. ("FLAGLER") FROM THE
MDDRS SAP DEVELOPMENT AGREEMENT AND REMOVING THE PROPERTY
LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED WITH THE INTENTION THAT FLAGLER WILL ENTER INTO A NEW
DEVELOPMENT AGREEMENT WITH THE CITY THAT IS SUBSTANTIALLY SIMILAR IN
NATURE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT TO THE AMENDED AND RESTATED 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
City of Miami File ID: 4664 (Revision:) Printed On: 2/8/2019
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 applicant has 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, Florida Statutes, and Section 3.9.1.f. of the
Miami 21 Code; and
WHEREAS, the developer parties of the MDDRS SAP wishes to amend the SAP
Development Agreement by releasing Flagler Holding Group, Inc. ("Flagler') and the parcel
located at approximately 4218 Northeast 2nd Avenue, Miami, Florida ("Property") from the
Master Development Agreement, in substantially the form attached and incorporated as Exhibit
"B", 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; and
WHEREAS, Flagler and the parcel located at approximately 4218 Northeast 2nd Avenue,
Miami, Florida will remain subject to the MDDRS SAP; and
WHEREAS, amending the MDDRS SAP Development Agreement to release Flagler and
the Property and permitting 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, amending the MDDRS SAP Development Agreement to release Flagler and
the Property and permitting the proposed new Development Agreement with Flagler will pose no
negative impact to the originally approved Master Development Agreement or the MDDRS SAP;
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 Second Amendment to the Amended and Restated Development
Agreement is applicable only to property owned by Monte Carlo Associates (Del.) LLC, Half -
Circle Property (Del.) LLC, Norwegian Wood Acquisitions, LLC, Lovely Rita Acquisitions, LLC,
Oak Plaza Associates (Del.) LLC, Ben Newton LLC, Sweet Virginia Acquisitions, LLC, Dacra
Design Moore (Del.) LLC, FCAA, LLC, Dacra Design 4141 LLC, Penny Lane Acquisitions, LLC,
Uptown Girl Development, LLC, Sun King, LLC, MDDA Morning Dew, LLC, and Tiny Dancer
Acquisitions, LLC that are part of the MDDRS SAP, subject to the development parameters set
forth therein.
Section 3. The findings of fact set forth in the Second Amendment to the Amended and
Restated Development Agreement, attached and incorporated as Exhibit "B", are hereby
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami File ID: 4664 (Revision:) Printed On: 2/8/2019
Section 4. The City Manager is authorized to execute the Second 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.
APPROVED AS TO FORM AND CORRECTNESS:
1
"na dez, City Attor iey
9/17/2018
City of Miami File ID: 4664 (Revision:) Printed On: 2/8/2019