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HomeMy WebLinkAboutO-14001City of Miami 4 Legislation Ordinance: 14001 File Number: 8724 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/27/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AMENDING THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" ("MDDRS SAP"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", ATTACHED AND INCORPORATED, THAT PROPOSES TO A) UPDATE THE MDDRS SAP ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) AMEND REGULATIONS ON OUTDOOR DINING AND ART INSTALLATIONS; C) CHANGE THE PERMITTED USES INCLUDED IN ARTICLE 4, TABLE 3; D) MODIFY FAQADE REQUIREMENTS ALONG NORTHEAST 38TH STREET; E) ESTABLISH A DENSITY AND INTENSITY TRANSFER PROGRAM; AND F) DESIGNATE GATEWAY SITES AND ESTABLISH REGULATIONS FOR GATEWAY SITES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on February 17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 8067 by a vote of ten to one (10-1), Item No. PZAB.1, recommending approval, with conditions, of the amendment to the "Miami Design District Retail Special Area Plan" ("MDDRS') as proposed herein; and WHEREAS, pursuant to Ordinance No. 13334 adopted on July 26, 2012, the City Commission approved the original MDDRS SAP 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"), for the properties described in Exhibit "C", attached and incorporated; and WHEREAS, pursuant to Ordinance No. 13414 adopted on October 24, 2013, the City Commission amended 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, the City Commission further amended the MDDRS SAP to add two (2) new properties and adjust 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, the City Commission further amended the MDDRS SAP to remove two (2) existing properties and adjust 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 Page 1 of 4 File ID: 8724 (Revision: C) Printed On: 711412021 File ID: 8724 Enactment Number: 14001 WHEREAS, Miami Design District Associates (Del.) LLC and its affiliated entities, Norwegian Wood Acquisitions, LLC; Oak Plaza Associates (Del.) LLC; Jungle Plaza, LLC; 4200 Associates, LLC; Paradise Plaza Associates, LLC; Half -Circle Property (Del.) LLC; Lovely Rita Acquisitions, LLC; Uptown Girl Development, LLC; Sun King, LLC; Dacra Design 4141 LLC; MDDA Morning Dew, LLC; and Tiny Dancer Acquisitions, LLC (collectively, "Applicant") applied to further amend the MDDRS SAP; and WHEREAS, no change is proposed to the underlying Transect Zone or Future Land Use designation as part of this current proposal; and WHEREAS, the current amendment proposes establishing "Gateway Sites" with specific development regulations and a Height benefit program and establishing a Density and Intensity transfer program among 76" properties within the MDDRS SAP; and WHEREAS, the MDDRS SAP integrates public improvements and infrastructure while providing greater flexibility resulting in higher or specialized quality building and streetscape design; and WHEREAS, projects such as this are critically important to the economic revitalization and enhancement of the City of Miami ("City"); and WHEREAS, the Applicant has submitted a revised Regulating Plan, Concept Book, and Development Agreement, which have been reviewed by the Planning Department; and WHEREAS, consideration has been given to whether the proposed change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed amendment to the MDDRS SAP necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 City Commission approves the amendment to the MDDRS SAP, as attached hereto in Exhibits "A" and "B", subject to the following conditions, the Miami 21 Code, the MCNP, and other City regulations: 1) All development within the MDDRS SAP shall be substantially in accordance with the Concept Book titled "Miami Design District Retail Street: Special Area Plan Amendment" consisting of 29 pages and dated stamped received by Hearing Boards on August 12, 2020, and the Regulating Plan titled "Appendix F - Miami Design District Retail Street: Regulating Plan", consisting of 94 pages and dated stamped received by Hearing Boards on May 10, 2021. Both are respectively attached and incorporated as Exhibits "A" and "B" hereto. 2) The Applicant, owner, and any successor shall comply with the requirements of all applicable departments/agencies as part of the City's building permit submittal process. City of Miami Page 2 of 4 File ID: 8724 (Revision: C) Printed on: 711412021 File ID: 8724 Enactment Number: 14001 3) The Applicant, owner, and any successor must meet all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of any building permit, including a phased permit. 4) The Applicant, owner, and any successor must comply with all applicable regulations of Chapter 24 of the Miami -Dade County Code, as amended, titled "Environmental Regulations". 5) Development within the MDDRS SAP shall be submitted for review by SAP Permit and approved by the Planning Director prior to the issuance of any building permit as identified within the Regulating Plan, including a phased permit. 6) Art installed in Civic Spaces at the Gateway Sites shall be reviewed and approved by the Planning Director or designee upon a recommendation from the Art in Public Places Board. 7) Terminated Vista: The property located at 4141 Northeast 2 Avenue shall incorporate design elements responding to the termination of Northeast 41 Street in accordance with Terminated Vista requirements at the time of new development. 8) The MDDRS SAP shall comply with all requirements of Chapter 23 of the Code of the City of Miami, Florida, as amended. 9) The Applicant, owner, and any successor shall meet conditions identified in this legislation, within the MDDRS SAP, and all applicable local, state, and federal regulations. 10) The Applicant shall deliver a fully executed copy of the Development Agreement within thirty (30) days of approval of the SAP by the City Commission and will record the Development Agreement within five (5) days of the City's execution specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly and severally. 11) There shall be no transfer of Density or FLR from any portion of the MDDRS SAP to the Gateway Sites. Section 3. The findings set forth below are made with respect to the amended MDDRS SAP: 1) The amended MDDRS SAP is consistent and complies with the MCNP; 2) The amended MDDRS SAP is consistent with the orderly development and goals of the City; 3) The amended MDDRS SAP complies with local land development regulations pursuant to the Miami 21 Code; 4) The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City; 5) The amended MDDRS SAP will have a favorable impact on the economy of the City; City of Miami Page 3 of 4 File ID: 8724 (Revision: C) Printed on: 711412021 File ID: 8724 Enactment Number: 14001 6) The amended MDDRS SAP will efficiently use public transportation facilities; 7) The amended MDDRS SAP will efficiently use existing public and civic spaces; 8) The amended MDDRS SAP will not negatively impact the environment or any natural resources of the City; 9) The amended MDDRS SAP will not adversely affect living conditions in the neighborhood; 10)The amended MDDRS SAP will not adversely affect public safety; 11) The public welfare will be served by the amended MDDRS SAP; and 12) Any potential adverse effects arising from this 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 the amended MDDRS SAP. Section 4. The amended MDDRS SAP, including the amended Regulating Plan, attached and incorporated as Exhibit "A", and the amended Concept Book, attached and incorporated as Exhibit "B", both as approved, shall be binding upon the Applicant, owners, and any successors in interest. Section 5. The application to amend the MDDRS SAP, which was submitted on August 12, 2020 through the electronic plans review system ("ePlan"), shall be relied on generally for administrative interpretations and is incorporated by reference. Section 6. The conditions as recommended by the Planning Department and stated herein are incorporated and adopted as conditions of the City Commission. 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 become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: 1 i t6ria i ndez, Ci y Httor ey 7/13/2021 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from 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: 8724 (Revision: C) Printed on: 711412021