HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14001
Title: 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.
LOCATION: Spans portions of fifteen (15) city blocks containing properties generally bounded
on the east by Biscayne Boulevard, south by NE 38th Street, west by North Miami Avenue, and
north by NE 40th Street. [Commissioner Jeffrey Watson - District 5]
APPLICANT(S): Neisen O. Kasdin, Esquire on behalf of Miami Design District Associates
(Del.) LLC, and 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.)
PURPOSE: To amend the previously approved Miami Design District Retail Street Special Area
Plan.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on
February 17, 2021, by a vote of 10-1.
City of Miami File ID: 8724 (Revision: C) Printed On: 711412021
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14001
File Number: 8724 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 41 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
City of Miami File ID: 8724 (Revision: C) Printed On: 711412021
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
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 File ID: 8724 (Revision: C) Printed On: 711412021
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;
6) The amended MDDRS SAP will efficiently use public transportation facilities;
City of Miami File ID: 8724 (Revision: C) Printed On: 711412021
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 1
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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 uaon the effective date stated herein, whichever is later.
City of Miami File ID: 8724 (Revision: C) Printed On: 711412021