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Home My WebLink AboutO-13838City of Miami q Legislation Ordinance: 13838 File Number: 5527 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/25/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI PRODUCE CENTER, LLC ("APPLICANT") AND THE CITY OF MIAMI ("CITY') TO GOVERN THE MIAMI PRODUCE SPECIAL AREA PLAN ("SAP" OR "MIAMI PRODUCE SAP") COMPRISED OF APPROXIMATELY 8.25 ACRES (359,661 SQUARE FEET) OF PROPERTY LOCATED AT APPROXIMATELY 2140 NW 12 AVENUE, 1243 NW 21 STREET, AND 1215 NW 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, 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, AND ANY OTHER USES AUTHORIZED BY THE MIAMI PRODUCE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF A PHASED PROJECT WHICH INCLUDES APPROXIMATELY 1,237 RESIDENTIAL DWELLING UNITS, 227 LODGING UNITS, APPROXIMATELY 230,886 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 128,971 SQUARE FEET OF COMMERCIAL SPACE, APPROXIMATELY 54,171 SQUARE FEET OF EDUCATIONAL USES, AND 1,094 PARKING SPACES; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 1,237 RESIDENTIAL DWELLING UNITS, SHALL NOT EXCEED 2,877,288 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO, SHALL CONTAIN A MINIMUM OF 35,966 SQUARE FEET OF OPEN SPACE, AND SHALL CONTAIN A MINIMUM OF 17,983 SQUARE FEET OF CIVIC SPACE; 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, Miami Produce Center, LLC ("Applicant") has applied for a Special Area Plan for the properties located at approximately 2140 Northwest 12 Avenue, Miami, Florida with alternate addresses of 1243 Northwest 21 Street and 1215 Northwest 21 Street, Miami, Florida under Folio No. 01-3126-066-0010, as more particularly described in Exhibit "A," attached and incorporated ("Property"), pursuant to the process described in Article 3, Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), titled "Special Area Plans"; and WHEREAS, the proposed "Miami Produce Special Area Plan" ("SAP" or "Miami Produce SAP") consists of 8.25 ± acres of land, as more particularly described in Exhibit "A," attached and incorporated; and City of Miami Page 1 of 4 File ID: 5527 (Revision: A) Printed On: 8/2/2019 File ID: 5527 Enactment Number: 13838 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 through the Special Area Plan process; and WHEREAS, on or about October 26, 2018, upon request and application of the Applicant, the Office of Zoning issued a Waiver of Final Decision (File ID No. 2018-0163) for the Property to allow for a nine -percent (9%) reduction of the minimum 9 -acre requirement established in Article 3, Section 3.9 of the Miami 21 Code for a Special Area Plan; and WHEREAS, Section 3.9.1.f of the Miami 21 Code establishes that "[d]evelopment within the Special Area Plan shall be pursuant to a recorded development agreement that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits"; and WHEREAS, the Applicant submitted an application for the Miami Produce SAP and in association with that application, the Applicant has requested approval of a Development Agreement pursuant to Chapter 163, Florida Statutes, attached and incorporated as Exhibit "B," to govern the development of the Property; and WHEREAS, the City of Miami ("City") and the Applicant agree that the Miami Produce SAP shall be developed substantially in accordance with the Regulating Plan and Concept Book; and WHEREAS, the City and the Applicant agree that the Miami Produce SAP shall be developed substantially in accordance with the requirements of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department recommends that the Development Agreement must contain a series of safeguards for the Applicant and for the City as well, for which an annual report of activities is required; and WHEREAS, the Planning Department recommends approval of the Development Agreement with the following conditions: 1) The development shall design and build an enhanced pedestrian crosswalk across Northwest 21 Street connecting the development with the Santa Clara Metrorail Station. Improvements shall include but not be limited to enhanced paving materials, pedestrian signalization, public art, landscaping, and lighting. Improvements shall be reviewed and approved by the relevant permitting agencies prior to building permit including phased permits. Crosswalk shall be built upon construction of new buildings along the Northwest 21 Street Frontage. 2) The development shall design and build an enhanced transit shelter along Northwest 12 Avenue accommodating proper space for the numerous transit routes along Northwest 12 Avenue. The shelter design shall incorporate a public art component to be reviewed and approved by the Public Art Division prior to issuance of building permits including phased permits. The shelter shall be built upon construction of new buildings along the Northwest 12 Avenue Frontage. 3) The Applicant shall incorporate all the Transportation Control Measures listed within the "Miami Produce Special Area Plan — Traffic Impact Analysis" as listed below: City of Miami Page 2 of 4 File ID: 5527 (Revision: A) Printed on: 8/2/2019 File ID: 5527 a. Secure bicycle parking spaces b. Transit information throughout the site c. Designated scooter/motorcycle parking d. Carpool parking spaces e. Subsidized transit passes f. Bicycle share station g. Improved sidewalks h. Electric vehicle charging stations. Enactment Number: 13838 4) Section 10 of the Development Agreement shall be revised to reflect a new zoning designation of 76-12-0," Urban Core Zone - Open. 5) Section 18.b of the Development Agreement should be revised to include Affordable Housing commitments agreed to by the City. 6) Section 18.b of the Development Agreement shall read as follows: (b) Workforce Housing. In recognition of the Citywide need for more housing that is affordable, the Owner commits to set aside Workforce Housing, as presently defined in the Miami 21 Code, pursuant to the below schedule and for the duration of the development. Co -living Rooms and Co -Living Residences are mutually exclusive from Workforce Housing. 1. For Units 1-600 - a minimum of 12.5% of these Dwelling Units shall be Workforce Housing. 2. For Units 601- maximum development capacity - a minimum of 5% of these Dwelling Units shall be Workforce Housing. 7) Section 18.d of the Development Agreement shall include language clarifying that the new private thoroughfare will function as a public thoroughfare, open to the public daily, 24 hours a day. 8) Section 18.d of the Development Agreement shall incorporate all the Transportation Control Measures listed within the "Miami Produce Special Area Plan — Traffic Impact Analysis" and a specialty crosswalk connection to the Santa Clara Metrorail Station. 9) The development shall incorporate public art along Principal Frontages, at the ends of reconstructed warehouses, and at terminating vistas within the SAP site. All public art shall be reviewed and approved by the Public Art Division prior to issuance of a building permit. 10) Section 4 - Definitions of the Development Agreement shall be revised to incorporate a definition for Co -Living Room and the updated definition for Co -Living Residence, as listed in Condition 19 of the companion SAP legislation; and WHEREAS, the Applicant has submitted a revised Development Agreement, in substantially the form as Exhibit "B," attached and incorporated, addressing conditions three (3), four (4), six (6), seven (7), eight (8), and ten (10) listed above; and WHEREAS, the only remaining conditions that should be included are conditions one (1), two (2), five (5), and nine (9); City of Miami Page 3 of 4 File ID: 5527 (Revision: A) Printed on: 8/2/2019 File ID: 5527 Enactment Number: 13838 WHEREAS, the Applicant proffered an additional condition during the public hearing to contribute $25,000.00 annually for twenty (20) years, beginning April 15, 2021, to the Miami Bayside Foundation for scholarships to Allapattah residents; 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 between the Applicant and the City to govern the development of the subject Property and the SAP is hereby approved pursuant to Chapter 163, Florida Statutes. Section 3. The conditions as recommended by the Planning Department and stated herein are adopted as conditions of the City Commission. Section 4. The additional proffer by the Applicant regarding the $25,000.00 annual contribution to the Miami Bayside Foundation for scholarships for Allapattah residents beginning April 15, 2021 is accepted by the City Commission. Section 5. The City Manager is authorized' to execute the Development Agreement, in substantially the form as Exhibit "B," attached and incorporated, for said purpose with the remaining conditions as recommended by the Planning Department and as stated herein. Section 6. 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 7. This Ordinance 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 ey 7/2512019 ' 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 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. City of Miami Page 4 of 4 File ID: 5527 (Revision: A) Printed on: 81212019