Loading...
HomeMy WebLinkAboutO-13867City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Ordinance: 13867 File Number: 6119 Final Action Date: 10/24/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO THE FIRST DEVELOPMENT AGREEMENT FOR THE RIVER LANDING SPECIAL AREA PLAN ("RIVER LANDING SAP"), PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES, BETWEEN R.L. MIAMI, LP F/K/A RIVER LANDING DEVELOPMENT, LLC, A DELAWARE LIMITED PARTNERSHIP, ("APPLICANT"), AND THE CITY OF MIAMI, FLORIDA, TO GOVERN THE RIVER LANDING SPECIAL AREA PLAN (SAP) DEVELOPMENT AGREEMENT APPROVED MAY 23, 2013 AS ORDINANCE NO. 13383 ("DEVELOPMENT AGREEMENT'), BY AMENDING THE SECTION RELATED TO PUBLIC BENEFITS IN THE DEVELOPMENT AGREEMENT AND REQUIRING CERTAIN IMPROVEMENTS ON ABUTTING LAND OWNED BY AN AFFILIATE OF THE APPLICANT OUTLINED IN THE DECLARATION OF RESTRICTIONS THE APPLICANT HAS ENTERED INTO WITH MIAMI-DADE COUNTY; 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, on January 18, 2013, the Applicant filed an application with the City of Miami ("City") for a Special Area Plan ("River Landing SAP") for properties generally located at 1420 and 1500 Northwest North River Drive (the "Property"); and WHEREAS, pursuant to Ordinance No. 13383, adopted on May 23, 2013, the City and Applicant executed a Development Agreement, as amended, attached as Exhibit "A" ("Development Agreement") to develop the River Landing SAP (the "Project"); and WHEREAS, the Development Agreement required that the Applicant use best efforts to acquire property abutting the River Landing SAP from Miami -Dade County at approximately 1280 Northwest 11 Street for open space as stated in Section 21 of the Development Agreement, "Public Benefits Pursuant to this Agreement"; and WHEREAS, the River Landing Conservation Foundation, Inc., an affiliate of the Applicant ("Affiliate") acquired the property at 1280 Northwest 11 Street which abuts River Landing SAP property ("Abutting Property") in 2017, as evidenced by the deed from Miami - Dade County attached as Exhibit "B" and further depicted by a boundary survey of the site attached as Exhibit "C": and WHEREAS, the Applicant applied in June 2019, through ePlan to revise Section 21, "Public Benefits Pursuant to this Agreement," of the Development Agreement, to provide for the construction of open spaces, green spaces, public facilities and park areas within the River Landing SAP and on adjacent green space land in lieu of cash payments for the applicable Park Impact Fees and Public Benefits Program Fees; and City of Miami Page 1 of 6 File ID: 6119 (Revision:) Printed On: 11/19/2019 File ID: 6119 Enactment Number: 13867 WHEREAS, pursuant to Ordinance 13383, the River Landing SAP may develop the Property as a mixed-use development with residential units, retail, restaurants, a Riverwalk and other amenities; and WHEREAS, the Applicant proposes to construct 528 residential dwelling units on the Property for which the corresponding Park Impact Fee due to the City is $2,090,352.00; and WHEREAS, the Applicant proposes to construct bonus Floor Lot Ratio ("FLR") and height totaling 61,015 square feet in the River Landing SAP which requires a corresponding contribution to the City's Public Benefits Program of $1,152,573.35; and WHEREAS, the total due to the City from the Applicant from the Public Benefits Program and Park Impact fee is $3,242,925.35; and WHEREAS, the Affiliate has entered into a Declaration of Restrictive Covenants with Miami -Dade County, attached as Exhibit "D," which requires the Affiliate to construct and maintain pedestrian walkways, beautification of the banks of the Miami River, and construction of greenways along the north side of the Miami River according to the City of Miami Greenway Action Plan and similar improvements to the Abutting Property for the use of the public, at a cost of approximately $3.9 million, funded by the Applicant; and WHEREAS, the River Landing SAP includes approximately 2.0 acres of open, public green space within its development and will connect its greenspace to the abutting properties as additional green space for public use; and WHEREAS, the River Landing SAP will provide an additional 1.5 acres of green space using the Abutting Property to be managed by the River Landing Conservation Foundation, Inc. for the use of the public green space and Riverwalk improvements; and WHEREAS, the Applicant has requested this first amendment to the Development Agreement to allow it to use of the project's Park Impact Fees and Public Benefits Program Fees to be expended by the Applicant on behalf of the Affiliate to construct green spaces, open spaces, public facilities and park areas within the River Landing SAP and on the Abutting Property that the City would otherwise cause to be constructed within the Project and immediate surrounding neighborhood; and WHEREAS, the Applicant will improve bicycle and pedestrian connectivity in the streetscapes to Spring Gardens, to satisfy a portion of the Public Benefits program for the Project, pursuant to Section 3.14 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the location of River Landing SAP along the Miami River allows the use and enjoyment of the Miami River by residents, patrons of the Property, and the public; and WHEREAS, the River Landing SAP creates recurring fiscal benefits for the City's tax base as well as temporary and permanent jobs for the City's residents; and WHEREAS, it is the policy of the City to promote and encourage private sector development that will create jobs and cause economic development, which will have long term benefits to the City; and City of Miami Page 2 of 6 File ID: 6119 (Revision:) Printed on: 11/19/2019 File ID: 6119 Enactment Number: 13867 WHEREAS the only changes to the Development Agreement are in Section 21, "Public Benefits Pursuant to this Agreement" as well as Section 15 to update the names and addresses of parties to receive notice under the Development Agreement; and WHEREAS, assurances to the Applicant that they may proceed in accordance with existing laws and policies, subject to the conditions of a Development Agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the Planning Department recommends approval of the First Amendment to the Development Agreement with the following conditions: Section 21 of the Development Agreement is hereby amended as follows: (b) Purcuit of Additional Land. The Applicant in cooperation with the River Landing Conservation Foundation has hereby agrees +„ ice its, hest effnr4c 4n aG9 lire acquired-bylease Pr fee simple ownership of a parcel of land (generally known as 1280 Northwest 11 Street) east of the River Landing SAP for open space abuttinq the River Landing SAP- The n,e,ner ipdate the Gity „n aR annucl Lcsis regardiRg this aG96iis4ie-R—.The Applicant will construct and maintain pedestrian walkways and similar improvements as contemplated by the Covenant with Miami -Dade Countv, attached as Exhibit "C". In addition, the Applicant agrees to spend up to $350,000.00 of these sums to enhance the areas surrounding the River Landing Proiect and within the Health District for certain public improvements authorized and approved by the Citv (the "Improvements"). The Citv aarees that, in lieu of a cash payment to the Citv for Park Impact Fees that would be due by the Applicant to the Citv, the Park Impact Fee contribution will be used toward the construction of the open spaces, preen spaces, public facilities and park areas in the Proiect and on adiacent qreen space land as contemplated. A list of areas to be improved with correspondinq survev map with legend and kev, landscape plans, material plans and furniture will be provided for review and approval throuah the Citv of Miami's Plannina Department. (c) The River Landina SAP had an additonal 61.015 square feet of floor area considered bonus floor area. Pursuant to Section 3.14.4(b) the Citv herebv finds that the proposed Proiect will confer a sianificant net improvement and public benefit upon the publicly accessible spaces, by the addition of the open spaces. Preen spaces. and public facilities. and herebv deems said contribution compliant with anv Public Benefit contribution reauired. 2. The Applicant shall provide a master landscape plan solely for the Abutting Property which shall be reviewed and approved by the Director of the Planning Department, said plan shall be in accordance with Article 9 of the Miami 21 Code titled "Landscape Requirements," Chapter 17 of the Code of the City of Miami, Florida ("City Code"), and all federal, state, county, and municipal regulations including the Miami Greenway Action Plan for the River Landings SAP. Said master landscape plan shall include at a minimum the following: City of Miami Page 3 of 6 File ID: 6119 (Revision:) Printed on: 11/19/2019 File ID: 6119 Enactment Number: 13867 a. Plans that clearly show and list improvements on the Abutting Property as committed to in the Covenant with Miami -Dade County as described in Exhibit D entitled "Declaration of Restrictions," attached and incorporated. b. The master landscape plan within the Abutting Property shall incorporate lighting, create pedestrian walkways, greenways, bicycle paths and a Riverwalk with integrated public art that pays homage to the history of the Miami River. The Riverwalk shall extend along the banks of the river and below State Road 836 highway. 3. The Applicant must submit plans for the Abutting Property that clearly identify all improvements requested by the City Commission for the Amended Development Agreement, including: landscape plans; seawall design; pedestrian and bicycle paths design with connections to Sewell Park; equipment; and furniture. Plans shall indicate the location, materials, cost analysis, street segments and parks improvement. 4. Any increase in the number of residential dwelling units over 528 Residential Dwelling Unit will require the Applicant to pay the corresponding Park Impact Fees for such residential units. 5. Any increase beyond 61,015 square feet of bonus floor area will require the Applicant to provide the corresponding Public Benefits Fees per the City's Public Benefits Program. 6. The Applicant shall, no later than six (6) month from the date of final and unappealable approval of the Amendment of the Development Agreement, submit plans for building permits for the development of the master landscape plan within the Abutting Property. 7. Should the Abutting Property cease to be used for open greenspace per the Covenant with Miami -Dade County, the Applicant must provide the City Park Impact Fee and the Public Benefits Program Fee at a current rate calculated for the year the Covenant becomes null and void. 8. Within fifteen (15) days of the effective date of this Ordinance, a recorded certified copy of the amended Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, must be tendered to the City Administration. WHEREAS, the Planning Department recommends the First Amendment of the previously approved Development Agreement observing the aforementioned conditions and making it applicable to the River Landing Development Agreement for the SAP. WHEREAS, after careful consideration, the City Commission deems it advisable and in the best interest of the general welfare of the City and its residents to approve, with conditions, the proposed first amendment of the River Landing Development Agreement as hereinafter set forth. 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 and incorporated herein as if fully set forth in this Section. City of Miami Page 4 of 6 File ID: 6119 (Revision:) Printed on: 11/19/2019 File ID: 6119 Enactment Number: 13867 Section 2. The City Commission hereby approves, subject to the conditions specified herein and the Miami 21 Code, the first amendment to the River Landing Development Agreement for the River Landing SAP. Section 3. The findings of fact set forth below are made with respect to the amended River Landing Development Agreement SAP: a) The amendment to the River Landing Development Agreement is consistent with the Miami Comprehensive Neighborhood Plan, as amended ("MCNP"); b) The City Commission further finds that: 1) The first amendment to the River Landing Development Agreement for the River Landing SAP will have a favorable impact on the economy of the City; 2) The first amendment to the River Landing Development Agreement conforms to the requirements of the Miami 21 Code; 3) The first amendment to the River Landing Development Agreement will efficiently use public transportation facilities; 4) Any potentially adverse effects of the development, including but not limited to safety and security, fire protection, solid waste, heritage conservation, and trees will be mitigated through compliance with the conditions of this first amendment of the River Landing Development Agreement as stated herein; 5) The first amendment of the River Landing Development Agreement will efficiently use existing public and civic spaces; 6) The first amendment of the River Landing Development Agreement will not negatively impact the environment or any natural resources of the City; 7) The first amendment of the River Landing Development Agreement will not adversely affect living conditions in the neighborhood; 8) The first amendment of the River Landing Development Agreement will not adversely affect public safety; and 9) The public welfare will be served by the first amendment of the River Landing Development Agreement. Section 4. The conclusions of law set forth below are made with respect to first amendment of the River Landing Development Agreement: a) The first amendment of the River Landing Development Agreement complies with the Miami Comprehensive Neighborhood Plan ("MCNP"), is consistent with the orderly development and goals of the City, and complies with local land development regulations pursuant to the Miami 21 Code. b) The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City. City of Miami Page 5 of 6 File ID: 6119 (Revision:) Printed on: 11/19/2019 File ID: 6119 Enactment Number: 13867 Section 5. It is further determined by the City Commission that first amendment of the River Landing Development Agreement, as approved, shall be binding upon the Applicant and all successors in interest. Section 6. It is further determined by the City Commission that the application to amend the River Landing Development Agreement, which was submitted on July 12, 2019, and is on file with the Hearing Boards Division of the Planning Department, shall be relied on generally for administrative interpretations and is incorporated by reference. Section 7. 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 8. This Ordinance shall be effective upon adoption by the City Commission.' APPROVED AS TO FORM AND CORRECTNESS: i ria i -nd" ez, pity Attorney �� 7/16/2019 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 6 of 6 File ID: 6119 (Revision:) Printed on: 1111912019