HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: 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.
LOCATION: Approximately 2140 NW 12 Avenue, 1243 NW 21 Street and 1215 NW 21
Street [Commissioner Wifredo Gort - District 1]
APPLICANT(S): Javier Avino, Esquire, on behalf of Miami Produce Center, LLC
PURPOSE: This will allow for the establishment of a Development Agreement, pursuant
to Chapter of the 163, Florida Statutes, to govern the development of the Miami
Produce Special Area Plan.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
City of Miami File ID: 5527 (Revision: A) Printed On: 8/2/2019
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City of Miami City Hall
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Legislation 3500 Pan Ameican Drive
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Ordinance www.miamigov.com
Enactment Number:13838
File Number: 5527 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
City of Miami File ID: 5527 (Revision: A) Printed On: 8/2/2019
SAP") consists of 8.25 ± acres of land, as more particularly described in Exhibit "A," attached
and incorporated; and
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 I D 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:
a. Secure bicycle parking spaces
City of Miami File ID: 5527 (Revision: A) Printed On: 8/2/2019
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.
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);
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
City of Miami File ID: 5527 (Revision: A) Printed On: 8/2/2019
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 3/1912019
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 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
City of Miami File ID: 5527 (Revision: A) Printed On: 8/2/2019