AGENDA ITEM COVER PAGE

File ID: #9138

Resolution
Sponsored by: Mayor Francis Suarez, Commissioner Joe Carollo

A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING THAT THE

PROPERTY LOCATED AT 700 NORTH MIAMI AVENUE (“PROPERTY”) IS NOT
SUBJECT TO THE TERMS AND CONDITIONS OF THE SOUTHEAST OVERTOWN-
PARK WEST AREAWIDE DEVELOPMENT OF REGIONAL IMPACT AND
INCREMENT DEVELOPMENT ORDERS AND THAT THE DEVELOPMENT OF THE
PROPERTY IS PERMITTED PURSUANT TO ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED.
 City of Miami City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
File Number: 9138 Final Action Date:

A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING THAT THE

PROPERTY LOCATED AT 700 NORTH MIAMI AVENUE (“PROPERTY”) IS NOT
SUBJECT TO THE TERMS AND CONDITIONS OF THE SOUTHEAST OVERTOWN-
PARK WEST AREAWIDE DEVELOPMENT OF REGIONAL IMPACT AND
INCREMENT DEVELOPMENT ORDERS AND THAT THE DEVELOPMENT OF THE
PROPERTY IS PERMITTED PURSUANT TO ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED.

WHEREAS, the property located at 700 North Miami Avenue (“Property”) is a 4.7 acre
site that was previously the site of the Miami Arena; and

WHEREAS, the Miami Arena was developed after the Miami Arena Development of
Regional Impact (“Miami Arena DRI”) was approved by the City Commission on March 31, 1987
pursuant to Resolution No. R-87-299; and

WHEREAS, the Miami Arena was constructed in 1988 and ultimately demolished in
2008; and

WHEREAS, approximately one (1) year after the Miami Arena DRI was approved by the
City Commission, the City Commission approved the Southeast Overtown/Park West
Development of Regional Impact (“SEOPW DRI”) on February 11, 1988 pursuant to Resolution
No. R-88-110; and

WHEREAS, the SEOPW DRI was created as an “areawide” DRI under Section
380.06(22) Florida Statutes, and was intended to create incentives for large scale development
by eliminating the need for individual projects and to allow for mitigation of impacts on an
areawide basis; and

WHEREAS, the SEOPW DRI is applicable to the area of the City of Miami (“City”)
designated in 1982 by Resolution No. R-82-755 as the Southeast Overtown/Park West
Community Redevelopment Area (“Redevelopment Area”); and

WHEREAS, the SEOPW DRI permitted developments within the SEOPW DRI boundary
subject to the inventory of land uses and further through separately authorized phases known
as “Increments” (I,II, and III); and

WHEREAS, the SEOPW DRI Increment III Development Order was adopted in 2013
pursuant to Resolution No. R-13-0384 and remains valid and effective; and

WHEREAS, the Property is located within the area of the City designated in 1982 by
Resolution No. R-82-755 as the Redevelopment Area; and

WHEREAS, the City Commission previously attempted to exempt existing

Developments of Regional Impact (“DRIs”) from the definition of Net New Development in the
SEOPW DRI Increments; and
 WHEREAS, it is reasonably clear that while the Miami Arena existed, it and its
Development Order were not subject to any of the terms or conditions of the SEOPW DRI; and

WHEREAS, the demolition of the Miami Arena has created questions of the effect of the
SEOPW DRI i.e. does the Property, now that the Miami Arena is demolished, get subsumed into
the SEOPW DRI or does it stand alone subject only to approvals pursuant to Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”); and

WHEREAS, neither the Miami Arena DRI nor the SEOPW DRI expressly provide for the
treatment of properties once the structure or development that was the subject of the exempted
existing development order has been demolished; and

WHEREAS, the terms and conditions of the SEOPW DRI Development Orders appear
to acknowledge that the impact of the Miami Arena had previously been analyzed and mitigated,
and thus should be exempted from the SEOPW DRI; and

WHEREAS, the Florida Legislature amended Chapter 380, Florida Statutes, effective
April 6, 2018 and eliminated state and regional review of existing DRIs and transferred the
responsibility for implementation of, and amendments to, DRI development orders to the local
governments in which the developments are located; and

WHEREAS, the City Commission finds that it previously intended to exempt the Property
from the terms and conditions of the SEOPW DRI; and

WHEREAS, the City Commission finds that the Miami Arena DRI has sunset;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY

OF MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.

Section 2. The City Commission finds that the Miami Arena DRI has ceased and has
sunset.

Section 3. The City Commission hereby clarifies and determines that the Property is not
subject to the SEOPW DRI and that the development of the Property is permitted pursuant to
the Miami 21 Code.

Section 4. This Resolution shall become effective immediately upon its adoption.

APPROVED AS TO FORM AND CORRECTNESS: