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HomeMy WebLinkAboutSubmittals at PZAB Mtg (02.21.2024)Zoning Application ARGUMENT I. Introduction. A) Good evening. My name is Alfredo L. Gonzalez, an attorney, with offices at 600 Brickell Avenue, Suite 3500, Miami, Florida 33131. B) It is my pleasure to be here tonight representing 53rd Street Apartments, L.P., a Florida Limited Liability Partnership, the Applicant and Owner of the Property subject of this Application. C) We are submitting as part of our presentation into the record at this time: (i) our experts' qualifications; (ii) the sections of the Master Plan that support our Application; and 1 Submitted Into The Record ACTIVE:19662309.35 Zoning Application (lil) other supporting documents to be referenced in our presentation. I. Introduction. We are requesting a change to the Zoning applicable to the Property so that the entire parcel be zoned T6-8-0 Urban Center Transect Zone. The Property is presently zoned T5-0 and master planned as restricted commercial. The current Master Plan Land Use designation of the Property allows for the construction of up to 150 units to the gross acre which is consistent with the zoning change to T-6-8-0 we are requesting. This is confirmed in the City Master Plan correspondence table where it equates T-6-8-0 with our Properties Land Use Designation as restricted commercial. II. Support. 2 ACTIVE:19662309.35 Zoning Application The Property is located in an area that has been largely neglected for some time and is an important transition between two major corridors 1-95 and US-1. Further, the Property is within walking distance from Northeast 2nd Avenue, which is a transit corridor. Consistent with the City Master Plan policy LU-1.1.10 higher density developments are encouraged in transit corridors. The Property is surrounded by a few zoning districts, including T6-8-0, T5-0, T4-R, and T4-0, which provides for a unique and diverse neighborhood which is transitioning into a mixed use, higher density transit dependent area. In fact, in close proximity to the Property the City is reviewing and City staff is recommending for approval two huge projects: 3 ACTIVE:19662309,35 Zoning Application (I) first, a 30-acre special area plan located at 5175 NW 2 Avenue, two blocks from our project, known as Sable Chase, which includes T-680 zoning; and (ii) secondly, another special area plan known as Magic City and located at 6001 NE 2 Avenue, which also includes T-6-8-0 zoning. The Property is near to the 1-95 and US-1 Major Traffic Corridors, designated an opportunity zone, walking distance from a transit corridor, and the Miami Jewish Health System (Hospital) which borders the Property on NE 53rd Street. These changed conditions support the requested Zoning under the City Miami 21 Zoning Code section 7.1.2.8(F). 4 ACTIVE:19662309.35 Zoning Application The proposed T6-8-O zoning designation will permit a mixed -use residential multi- family/commercial development on a large size property that can provide sufficient buffers to the established neighborhood while providing a much -needed mix of uses and new housing in a commercially intensive area. Rezoning the Property to T6-8-O, will help further the City's vision for "pedestrian friendly neighborhoods". See Objective HO-2.1 and TR-2.7, HO-1.1.7 and 2.1 of the City Master Plan. The T5-O zoning is no longer the most beneficial use of the Property due to: 0) the presence of a major transit corridor on 54th street; 5 ACTIVE: I9662309.35 Zoning Application (ii) proximity to the Hospital an institutional use; (lil) the fact that the Property is a few blocks from a transit corridor and the size of the Property; and (iv) the Property is within an opportunity zone. These zones are established to stimulate developers to build in low-income communities. You have an opportunity today by recommending this Application to fulfill the intent of this Opportunity Zone. The requested zoning would allow consistent zoning on both block faces thus creating a consistent and more desirable pedestrian environment. 6 ACTIVE:19662309.35 Zoning Application This area is in need of a revitalization of commercial and residential uses and the requested zoning and any project developed under the requested zoning designation will expedite such changes as recommended by Master Plan goals LU.1 and LU.1.2.1. The proposed zoning promotes and facilitates economic development and the growth of job opportunities in the City by creating much needed pedestrian friendly retail commercial development as well as residential units in accordance with the City Master Plan Policy LU-1.1-7 and LU-1.2. The Applicant, as allowed under this zoning designation, will replace long standing vacant land with residential and commercial development to add vibrancy to the area. 7 ACTIVE:19662309.35 Zoning Application The requested Amendment will create a uniform and consistent land use pattern throughout NE 54th street and 53rd street which fronts the Hospital. This change will allow for a more efficient and cohesive development area in accordance with goal LU.1 of the City Master Plan. It is important to note that the Hospital directly across 53rd street from the Property is zoned T5-0 and T- 6-8-0 and is allowed under the City Master Plan to develop ancillary residential at 150 units to the acre, the same density we are requesting. The proposed Amendment will serve to protect existing residential areas by promoting commercial and higher density multi -use residential along NE 54th street a major arterial road and along NE 53rd street which faces the Hospital complex. 8 ACTIVE:19662309.35 Zoning Application Further, the proposed Amendment will incentivize development in this neglected area while generating needed housing alternatives and employment all as supported by the City Master Plan under goals LU.1, 1.1.7, LU-1.3, LU-1.2.2, LU1.3.15 and policy HO 1.17 and 2.12. Further, it is consistent with the Property being designated as an Opportunity Zone. In fact, we are voluntarily submitting a covenant to ensure that ten (1O%) percent of the residential units to be developed shall be workforce housing at or below one hundred (100%) percent of area median income. This is consistent with Master Plan Land Use element LV-4.1, 4.1.1 and 4.2 and will help to reduce the City's need for affordable housing. We worked extensively with your professional staff regarding the proposed 9 ACTI VE:19662309.35 Zoning Application project. The City Commission has already shown its support for this Application by unanimously agreeing to waive the 18-month waiting period so we can proceed with this Application earlier than otherwise allowed. Unfortunately, and notwithstanding the vote of the Commission on the waiver, the City staff is not recommending our project for approval. We disagree with the position taken by your City staff for the following reasons: A. As previously stated, the City staff has recommended T-6-8-0 zoning on similarly located Property in the area. have submitted such recommendations into the record. B. This Property is located in a transit corridor where your Master Plan requires that density be located. 10 ACTIVE: 3 9662309,35 Zoning Application C. Our Property is designated in the City Master Plan as restricted commercial which is consistent with the T-6-8-0 zoning requested. D. Changing conditions to the area including the Sable Chase and Magic City projects and particularly the City of Miami Jewish Hospital support higher density on this Property, consistent with our requested change of zoning. This entire block along 53 street, including our Property and not just the corner lots, have been disproportionately affected by the 2012 development of the hospital and have remained in large part vacant due to the impact. 11 AC1'IVE:19662309.35 Zoning Application There is no better place for density than on this Property, facing a hospital which hospital is allowed to develop at 150 units to the acre which is exactly our request. E. Lastly, we will present testimony from our professional Land planner, Erick Valle, in support of this Application, and which respectfully disagrees with the recommendation of your staff. It is Applicants' intention should the requested approval be granted to develop a vibrant residential and retail development to include attainable price residential rental units and retail with local shops and restaurants. Respectfully and consistently with the Master Plan designation of the Property as restricted commercial and its designation as a 12 A.CTIVE:19662309,35 Zoning Application transit corridor and opportunity zone, we request your support for this Application. 13 ACTIVE:19662309,35 Exhibits for File ID 15455 Item 4 of the Agenda for City of Miami Planning, Zoning and Appeals Board hearing on 02/21/2024 Submitted Into The Record . oco-1 I involving residents, landowners, developers, elected officials, and government agencies. experience Valle Valle & Partners www.urbanism.com Town Planning & Architecture Valle Valle and Partners is an award winning town planning and architectur- al design firm established in 1996. From its location in Coral Gables, Valle Valle and Partners, has been responsible for over 205 urban planning proj- ects throughout South, Central, and North America, the Caribbean, Africa and China. The breath of the work that this firm is recognized for has been recipient of the highest professional honors for their contribution in the field of urban planning and architecture. The principals are amongst the original founders of "The New Urbanism" movement, promoting diverse, walkable, compact, vibrant, and healthy mixed -use communities. The resulting body of work has created a brand name and a vision shared by both public and private clients. Numerous of the firm projects are published in publications due to their industry leading innovations. Having provided professional ser- vices across several continents, this experience has given the firm tremen- dous insight into the importance of celebrating the culture of the place. The scope of professional town planning services that the firm offers in- cludes visual preference surveys, conducting visioning sessions and work- shops, master planning, comprehensive plan amendments, development and assistance with the implementation of form -based codes, architec- tural design guidelines, and establishing language for new land develop- ment regulations. Whether developing a citizens' master plan, form based codes, comprehensive plans, architectural design guidelines, or other forms of public policy, successful implementation of these documents has consistently been based on wide and authentic citizen education and par- ticipation. The firm's current projects are solving "Sea Level Rise" through community resilience planning strategies and looking at innovative design strategies to accommodate future "Smart Cities". These are cities that can allow for informed decisions and promotes health and wellness in society. To complement the town planning services, the firm maintains an architec- tural practice that includes from custom single family homes to entire new towns with residential, office, libraries, schools, retail centers, and mix -use buildings. "Our architectural practice is what has distinguish our firm from any other Urban Planning firm" rbt` :i$teldr rniOr- err rd accomplishments author, professor, lecturer, town planner, architect, & products teaching University of Miami 1991 - 1997 associate professor University of Miami 2022 - 2023 studio professor Master of Architecture University of Miami 1991 Bachelor of Architecture University of Miami 1986 Bachelor of Design University of Florida 1984 professional affiliations urban land institute congress for new urbanism american institute of architects keynote speaker stanford university expoconstruccion bogota lecturer law seminars smithsonian museum m.i.t. university harvard university VALLE VALLE S PARTNERS www.urbanism.com Erick Valle Principal -In -Charge Mr. Erick Valle is the president and principal architect of Valle Valle and Partners, an award -winning town planning and architectural design firm whose designs extend three continents. The firm has been responsible for urban planning and architectural projects throughout North, Central, and South America, the Caribbean, Africa, and China. The breath of his firm's work has been the recipient of the highest professional honors for their contribution in the field of urban planning and architecture. Most recently the firm received the American Architecture Prize in Urban Planning. This prestigious award celebrates the Best in International Architecture. - town planning - As one of the original founders of "The New Urbanism" movement, which was established 37 years ago, the firm projects have created a brand name and a vision shared by both their public and private clients. A number of the projects and articles have appeared in numerous trade publications such as New Urban News and the Urban Land Institute because of their industry -leading innovations. The goal of the firm is to design less wasteful communities by promoting a "Healthier Lifestyle." The firm's methodology is based on these rules for creating new communities: 1) Lessening the im- pact of the natural environment; 2) Reducing the use of water; 3) Exploring alternative energies, and 4) To implement Smart City options that improve the "Quality of Life." The professional work of the firm has given tremen- dous insight into the culture of many places. The firm's professional town planning services range from conducting visual preference surveys to or- ganizing visioning sessions and workshops, designing regional and master plans, producing comprehensive plan amendments, developing and imple- menting form -based codes, and creating architectural design guidelines, and pattern books. - architecture - The firm's architectural design practice, for the last 27 years, embodies a portfolio of work from Custom Estate Homes to High -Rise Residential Towers, Resorts, Corporate Office Buildings, Private University Libraries, Churches, Marinas, Graduate Schools, Sports Arenas, Theme/Festival Town Centers, Mix -Use Buildings, LivelWork Units, and Municipal Com- plexes. Architecture is more than just a backdrop in the public realm; it elevates the spirit and brings joy. The firm's architectural practice always seeks to enhance human experience and to create memories. The firm commits to celebrating the culture of a place while still driving to improve the human experience. Valle Valle is committed "Towards an Architecture of Community." Membership includes: American Institute of Architects, Americian Planning Association, LBA, BASF, and Congress for the New Urbansim Proposed Zoning Map: The Subject Property is outlined in blue below. The Property is currently within T5-0 ; The Property is being proposed to be T6-8-0 as depicted below. ;Nov, i-.4p-Vaai1$ 0 TS! roRL ❑ 751MU.a1 O is um c-arm 10 TAUS 4C Submitted Into The Record fkkk oil f7r EXHIBIT C MCNF Support for Application Submitted Into The Record FUTURE LAND USE Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the Integrity and quality of the City's existing neighborhoods by insuring public notice, Input and appellant rights regarding changes in existing zoning and land use regulations, Policy L.U-1.1,7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, commercial office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. 1 Policy LU-1,1.10; The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations.(See Transportation Policy TR-1.5,2 and Housing Policy HD-1.1,9,) Policy LU-1,111: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban lnfill Area pursuant to Miami -Dade County's designation of an Urban lnfill Area lying generally east of the Palmetto Expressway and including all of the City of Miami, Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to lnfill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban lnfill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person Trip Methodology as set forth in Policies TR-1.1.2 and 1,1,3 of the Transportation Element of the MCNP, Objective LU-1,2. Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. Policy LU-1.2,1: The City defines blighted neighborhoods es areas characterized by the prevalence of older structures with major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter and poor maintenance of real property. declining neighborhoods are defined es areas characterized by the prevalence of structures having minor deficiencies, a general need for improvements in real property, significant deoiines in real property values, high vacancy rates In commercial structures and increasing difficulty in obtaining insurance, Neighborhoods threatened with decline are defined as areas characterized by significant but Infrequent property maintenance neglect, an aging housing stock, declining proporty values, general exodus of traditional residents and influx of lower income households. Policy I_U-1,2,2: The City's land development policies will be consistent with affordable housing objectives end policies adopted in the Housing element of the MCNP, Objective LU-1,3; The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other Initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). Policy LU 1,3,13: [Reserved] Policy LU-1,3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses Including areas for employment, shopping, housing, and recreation in close proximity to each other, Policy LU-1.4,1: [Reserved], Policy LU-1,4,3, The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" through land development regulations, Policy LU-1,4,4: [Reserved] Policy LU-1,4.5, [Deserved] Policy LU-1,4,6: [Reserved] Objective LU-1,6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan, Policy l_.U-1,62: [Reserved] Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. Objective LU-1.7: Ensure that the Miami Comprehensive Neighborhood Plan is updated as needed to meet changing conditions and, improve its effectiveness and success, Goal LU-3: Encourage urban redevelopment In identified Urban Infill Areas and Urban Redevelopment Areas, Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. Policy LU-3,1.1: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infi(I Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment, Objective 3-2: [Reserved] Policy LU-3,2,1: [Reserved] Policy LU-3,22: [Reserved] Goal LUa4 lncentivize sustainable, affordable housing solutions while continually improving the quality of life for all who live in the City of Miami, Objective LU-4.1 By 2023, five percent (5%) of the new housing stock to be built will be reserved for mixed income developments, as described in the applicable land development regulations, Policy LU-4.1.1 Developers building residential projects for low-income households, as identified in the applicable land development regulations, are encouraged to build additlonal units per acre to increase the amount of sustainable housing solutions available for households that are cost -burdened relative to housing expenses, The additional density is permitted subject to the detailed provisions of the applicable land development regulations, Policy HO-1,1,7 The City will continue to control, through restrictions in the City's land development regulations, large scale andlor Intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments, Objective HO-2,1 Design and create pedestrian friendly environments and neighborhoods with varied housing prototypes and amenities catering to persons of diverse social, economic and cultural backgrounds, with a variety of urban housing types for persons of ail income levels Including those of extremely !ow-, very low-, low-, and moderate - income households (In accordance with the current standards and regulations of HUD and the State of Florida) provided in a walkable, mixed -use, urban environment, Policy HO-2,1,2 The City will continue to revise residential zoning district regulations to provide greater flexibility for the design and development of a variety of contemporary housing types and mixed -use developments with the application of new higher density zoning in accordance with neighborhood specific design and development standards that might be adopted as a result of amendments to the Cify's land development regulations and other neighborhood planning initiatives, Objective TR-2.7 Encourage transit -supportive development patterns that promote walkable, mixed use neighborhoods that help to increase transit ridership, reduce automobile trips, and provide increased mobility for all people. Policy TR-2.7.1 The City will preclude land uses within 1/2 mile of a transit corridors, Metrorail stations, and Metromover stations that are not conducive to public transit ridership such as car dealerships, car -oriented food establishments, and container yards. Conversely, the City will support the expanded development and design of a transit system that helps shape the desired land use patterns. Policy TR-2.7.2 The City will regularly coordinate with Miami -Dade County to improve the efficiency of its public transit system by supporting transit -oriented development policies and promoting the use of alternative travel modes within the City. (See Policy IC-2.1..17) Policy TR-2.7.3 The City will conduct appropriate land use and zoning analysis of the areas surrounding each transit station area and transit corridor in order to determine whether appropriate land use and zoning changes should be implemented that foster transit -oriented development (as defined by Section 163.3164 F.S.) while protecting the adjacent neighborhoods from incompatible development. Such land use and zoning changes will include minimum and maximum density and intensity standards at the time of implementation. The City will consider the height, density, intensity, use and scale of new developments when determining the compatibility with existing neighborhoods. (See Policy TR-1,3.3) Policy TR-2.7.4 The City will require site and building design for new developments within a half mile of a Metrorail station or transit corridor to be coordinated with public transit, bicycle, and pedestrian systems. Requirements may include, but not be limited to, pedestrian crossings, access to transit stations, access to transit vehicles, transit vehicle access to buildings, transfer centers, shelters, sidewalks, dedicated bicycle lanes and shared -use paths, bicycle racks, and wayfinding signage. Policy TR-2.7.5 Through its Land Development Regulations, the City will continue to control the mix, type, density and design of activity centers and growth corridors that promote and facilitate walking, bicycling and the use of public transportation. Policy TR-2.7.6 The City will work with Miami -Dade County to promote the transit -oriented development (TOD) policies found in the Miami -Dade County's Comprehensive Development Master Plan (CDMP) to support the TCEA as defined in Section 163.3164 (46) F.S, as well as illustrated in Appendix TR-1, Map 1.3.2, titled Centers and Transit Corridors. (See Policy IC-2.1.28) Objective LU-4.1 By 2023, five percent (5%) of the new housing stock to be built will be reserved for mixed income developments, as described in the applicable land development regulations, By 2023, five percent (5%) of the new housing stock to be built will be reserved for rnixed income developments, as described in the applicable land development regulations. Policy LU-4.1.1 Developers building residential projects for low-income households, as identified in the applicable land development regulations, are encouraged to build additional units per acre to increase the amount of sustainable housing solutions available for households that are cost -burdened relative to housing expenses. The additional density is permitted subject to the detailed provisions of the applicable land development regulations. Developers building residential projects for low-income households, as identified in the applicable land development regulations, are encouraged to build additional units per acre to increase the amount of sustainable housing solutions available for households that are cost -burdened relative to housing expenses. The additional density is permitted subject to the detailed provisions of the applicable land development regulations. Developers building residential projects for low-income households, as identified in the applicable land development regulations, are encouraged to build additional units per acre to increase the amount of sustainable housing solutions available for households that are cost -burdened relative to housing expenses. The additional density is permitted subject to the detailed provisions of the applicable land development regulations. By 2023, five percent (5%) of the new housing stock to be built will be reserved for mixed income developments, as described in the applicable and development regulations. Objective LU-4.2 By 2023, forty percent (40%) of the housing stock built under affordable and attainable mixed -income programs, as described in the applicable land development regulations, will be reserved for housing low- income elderly households. By 2023, forty percent (40%) of the housing stock built under affordable and attainable mixed -income programs, as described in the applicable land development regulations, will be reserved for housing low- income elderly households. By 2023, forty percent (40%) of the housing stock built under affordable and attainable mixed -income programs, as described in the applicable land development regulations, will be reserved for housing low- income elderly households. y High Density Multifamily Residential Areas designated as "High Density Multifamily Residential" allow residential structures to a maximum density of 150 dwelling units per acre, and maximum residential density may be increased by up to one hundred percent (100%), subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Higher densities may be allowed as shown for these specially -designated areas: Little Havana Target Area 200 units per acre* Southeast Overtown 300 units per acre" Miami River 400 units per acre* Brickell, Omni, Park West and River Quadrant 500 units per acre" 'Indicates maximum residential density may be increased by up to one hundred percent (100%) subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as offices and commercial services and other accessory activities that are clearly incidental to principal uses are permitted; community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community - based residential facilities (15+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may he permissible in suitable locations. Major Institutional, Public Facilities, Transportation and Utilities Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities, and general commercial activities intended to serve the needs of the public. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same inviting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses such as commercial and office to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property,. Submitted Into The Record �.),,9,4; 145 Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. Restricted Commercial Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Intensity Preservation Area allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs. closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. Major Institutional, Public Facilities, Transportation and Utilities Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities, and general commercial activities intended to serve the needs of the public. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses such as commercial and office to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. Restricted Commercial Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services an amens es exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FIR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Intensity Preservation Area allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. Correspondence Table - Zoning and Comprehensive Plan Transect T3 O T4 R T4 L,0 T5 R T5 • L,O T6-(8 - 48) T6-(8 - 48) L, O Miami 21. Transect Zone SUB -URBAN GENERAL URBAN URBAN CENTER URBAN CORE D1 WORK PLACE D2 INDUSTRIAL D3 MARINE T6-80 R,L,0 CI CI -HD CS URBAN CORE CIVIC INST1UTIONAL CIVIC INSTITUTION - HEALTH DISTRICT CIVIC SPACE/PARKS Ti NATURAL October 2009 MCNP Future Land Use SINGLE-FAMILY RESIDENTIAL DUPLEX RESIDENTIAL LOW DENSITY MULTIFAMILY RESIDENTIAL LOW DENSITY RESTRICTED COMMERCIAL MEDIUM DENSITY MULTIFAMILY RESIDENTIAL MEDIUM DENSITY RESTRICTED COMMERCIAL HIGH DENSITY MULTIFAMILY RESIDENTIAL RESTRICTED COMMERCIAL, GENERAL COMMERCIAL LIGHT INDUSTRIAL INDUSTRIAL INDUSTRIAL CENTRAL BUSINESS DISTRICT MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES PUBLIC PARKS AND RECREATION COMMERCIAL RECREATION CONSERVATION Dwelling Units Per Acre Max. 9 du/ac j 18 du/ac 36 du/ac* 36 du/ac* 65 du/ac* 65 du/ac* 150 du/ac* 36 du/ac 65 du/ac** 65 du/ac**t 00Q du/ac* 150 du/ac 150 du/ac* N/A N/A N/A * Indicates maximum residential density may be increased by up to one hundred percent (100%), subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. ** indicates Lodging Use occupancy equivalent to 65 du/ac is permitted subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. t Indicates Lodging Uses are only permitted in the property abutting the Miami River with the appropriate Future Land Use designation on the north side of the "Lower River" or that area from Biscayne Bay to the Fifth Street Bridge, subject to the detailed provisions of the applicable land development regulations, maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements, and compliance with the City's Stipulated Settlement Agreement adopted by the City Commission through Resolution No. R-10-0327 and the related Remedial Actions adopted by Ordinance No. 13189. Submitted Into The RecorL. 1 _ Return recorded copy to; Gunster, Yoakley & Stewart, P.A. Attn: Alfredo L. Gonzalez 600 Brickeli Avenue, Suite 3500 Miami, FL 33131 Document prepared by: Gunster, Yoakley & Stewart, P.A. Attn: Alfredo L. Gonzalez 600 Brickell Avenue, Suite 3500 Miami, FL 33131 Folio: 01-3124-010-005 0; 01-3124-010-0150; 01-3124-010-0060 Reserved for recording DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2023, by 53rd Street Apartments, L.P., a Florida limited liability partnership, having offices at _ (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner applied with the City of Miami for a change to the Zoning and Future Land Use designation of the Property and the City by vote of the City Commission, has approved the Land Use change pursuant to Ordinance No. and Ordinance No. WHEREAS, Owner has voluntarily submitted this Declaration to assure that the Property is used and developed in accordance with the provisions of this Declaration and representations made by Owner in connection with the Application. NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants, and agrees that the Property shall be subject ACTIVE:19695481.5 Submitted into The Record Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use/Restriction. A) The Owner hereby covenants and agrees that ten percent (10%) of the Dwelling Units developed on the Property shall be made available for rent. by Owner and shall be Workforce Housing serving residents at or below one hundred percent (100%) of the Area Median Income ("AMI") as published by the United States Department of Housing and Urban Development, annually, and certified by the City Housing and Community Development Department. B) Prior to converting any of the [Workforce, Affordable, or Extremely Low Income] Dwelling Units from rental units to units owned in fee simple (Homeownership Units), the Owner, or its successors or assigns, must request and receive written authorization from the City manager. In the event that the conversion is authorized, the City and Owner shall coordinate to record covenants on individual Homeownership Units ("Individual Covenants") in a manner that creates the same amount of Affordable or Workforce Homeownership Units specified in this Declaration. Each Individual Covenant must (i) specify the applicable AMI for any purchaser during the term of the Individual. Covenant and (ii) expire on the same date as the Covenant for Affordable or Workforce Housing; and 2 ACT VE:19695481,5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 In the event that any of the [Workforce, Affordable, or Extremely Low Income] Dwelling Units are sold, the specific Unit(s) must be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the AMI as established herein. Each [Affordable, Workforce, or Extremely Low Income] Dwelling Unit sold shall include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the applicable AMI as established herein and shall further indicate that the Dwelling Unit shall only be rented to individuals whose income is at or below the AMI as established herein. The deed restriction must specify the specific applicable AMI. The sale of the entire Property as a rental building or the use of any Dwelling Unit for rental purposes shall not be subject to the restrictions set out in section 2(B) until any Dwelling Units are converted from rental to Homeownership Units, in which event, the restrictions of this section 2(B) shall apply to the Dwelling Units converted to Homeownership Units. 3. Effective Date. This Declaration shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term, of Declaration. This voluntary Declaration on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this Declaration is recorded in the public records and shall be automatically extended for periods often (10) years, unless modified, amended, or released prior to the expiration thereof. 3 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 5. Inspection. It is understood and agreed that any official inspector of the City may have the right at any time during normal working hours of the City's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 6. Enforcement. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations to restrain violations, to recover damages, or for any other remedy available. In addition, any violation or noncompliance of this Declaration shall be immediately referred to the Code Compliance Department for enforcement proceedings, lien placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall be referred to the City Attorney's Office for enforcement, including but not limited to injunctive relief and/or any other remedies in law or equity. This enforcement provision shall be in addition to any other remedies available under the law. The use of one remedy shall not preclude the use of another. 7. Non -Compliance. Any violation ar noncompliance of this Declaration regarding the affordable housing component shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any body or board including, but not limited, to the Code Enforcement Board. 4 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 8. Amendment, Modification, and Release. This Declaration may be modified, amended, or released as to any portion or all of the Property only after approval by the City Commission at a publicly noticed hearing. All costs, expenses, and fees associated with releasing this Declaration shall be the sole responsibility of the party requesting the release. Any amendment, modification, or release approved by the City Commission shall be executed by the Plaruiing Director, the Zoning Director, and the Housing and Community Development Director, or their successor, or designee, and be in a form acceptable to the City Attorney. 9. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 10. Recordation. This Declaration will be e-recorded by the City of Miami, at the Owner's expense, in the public records of Miami -Dade County, Florida upon full execution. 11. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declarationupon request. 12. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. 5 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 Signed, witnessed, executed and acknowledged this_ day of , 2023. Witnesses: OWNER Print Name: Print Name: STATE OF } )SS COUNTY OF } 53rd STREET APARTMENTS, EP. a Florida limited liability partnership By: Name: Title: The foregoing instrument was acknowledged before me by means of _ physical presence OR _ online noi,arization, this _ day of 2023, by 9 as of . Personally Known — or Produced Identification _ Type of identification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: 6 ACTIVE 19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 APPROVED AS TO CONTENTS: Lakisha Hull Planning Director Daniel S. Goldberg, Esq. Zoning Administrator George Mensah Director Department of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney 7 ACTIVE:19695481,5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 EXHIBIT "A" Legal Description Folio: 01-3124-010-0050 Lots 2, 3, 4, 5, 6 less the North 15 feet thereof; All of Lots 19 and 20 and Lot 21, less the South 5 feet thereof, Orchard Villa Tract Addition, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida, alk/a: 50 NE 54th Street, Miami, Florida 33137 and Folio: 01-3124-010-0150 Lot 18, Orchard Villa Tract Addition, according to the Plat thereof on file in the Offices of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida. a/k/a: 43 NE 53rd Street, Miami, Florida 33137 and Folio: 01-3124-010-0060 Lot 7, less the North 15 feet thereof, Orchard Villa Tract, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida alk/a: 40 NE 54th Street, Miami, Florida 33137 8 AC` IVE:19695481,5 Et ;I.,is Lem, .1 AI DV- ti It City of NH it Planning Depart arniL 7}3 ANALYSIS FOR F.tPECIAL, AREA PLAN "Saba') Pal 'ojl] c e SAP" PUBL, N NOTICE 0 Th, NRnmal reeds to Ix scheduled h1 a WIC hear, a,acccdance watt lrmrurc set laMhthe City of If Kant Code_ The appal. bit dK"nwn.rrxkhg Body,sal reMess lm inlannau anal the pot,. Rearm iv rtrdA 0 1 recgmmendrtlma a MN decldon PZ-21-10809 �t 08120 21 1EW Staff Analysis Report No. 8609 (PZ 21-10809) Applicant SPV Realty, LLC Location 5175 NE 2 Avenue, 5035 NE 2 Avenue and 5125 NE 2 Court Current Transect "T5-R" Urban Center- Restricted and "T5-011 Urban Center - Open Current MCNP Designation Medium Density Multifamily Residential Commission District District 5 (Jeffrey Watson) Department of Human Service Neighborhood Service Center Little Haiti Planner David Snow, Chief of Urban Design A. REQUEST Pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, of Ordinance 13114 ("Miami 21"), as amended, the SPV Realty, LLC ( the "Applicant") is requesting a Special Area Plan (SAP) that will modify the existing transect zone regulations for the subject parcels to the extent indicated herein, and proposes a change to the Future Land Use Map (FLUM). This Special Area Plan (SAP) proposes a mix of commercial, office, residential and associated parking areas and future transit facility in addition to public plazas and park space as follows: 1. The Sabal Palm Village SAP is composed of approximately 25.97 acres of abutting properties. J. 2. The proposal is to construct approximately 5,899,658 s uare f et of de lozpent consisting of 2,929 residential dwelling units, 400 lodging units, 168,011 square feet office spag,--27727ie tet of commercial space, and 43,760 square feet of special training/vocational school, 4,782 parking spaces, 195,272 square feet of civic space and 248,923 square feet of open space. PROJECT DATA SURROUNDING USES Miami 21 MCNP / Density Existing Use North T5-0 Urban Center Medium Density Restricted Commercial Residential Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Sabal Palm SAP)) — Page 1 Submitted Into The Record V a. NOTICE South CI Civic Institution j Major Institutional Public J I Facilities, Transportation and Utilities ThleNuhntaallrc17r.', °" h xcntlancewM umelk�es N1amI GaOe, The appllm L{e tle Ed fe"``�e'aI°'�°"°°athe F. ranrnmendaaoa or ]\ PZ-21-1 East T6-8-O Urban Core Restricted Commercial Comm: o ` R08/20/ West T6-8-O Urban Core Major Institutional, Public Facilities, Transportation and Utilities fIE Health Care RELATED APPROVALS Date Action N/A B. BACKGROUND The applicant owns the existing Design Place residential apartments/townhomes approximately 25.97 acres of land located at 5175 NE 2 Avenue, 5035 NE 2 Avenue and 5125 NE 2 Court, which is bound by NE 54th Street to the north, NE 2nd Avenue to the west, Florida East Coast railroad Corridor to the east and Archbishop Curley -Notre Dame property to the south. The subject parcels are located within Blocks 1 - 4 of the Sabel Palm Plat recoded with the Clerk of Courts of Miami -Dade County. Design Place Apartments is an existing 500+ unit residential apartment complex that was originally built in 1948. The existing market rate rental apartment complex serves as a residential housing need for the Little Haiti community to the north for a mixture of income level residents. The complex was constructed with a perimeter wall and guard gate limiting access and neighborhood integration. from Little Haiti residence to the north and west and Buena Vista residents to the south. Although Design Place is currently occupied by residents today, conditions of the complex have been diminishing with age of the existing building structure. Extensive renovations are needed to continue to provide occupants ideal livable conditions for a market -rate residential apartment complex. A unique characteristic of the subject properties is the extensive natural landscape and mature existing tree canopy that defines the residential complex space. These elements provide a lush natural environment which include improvement of aesthetic appearance, shade canopy and other ecological values. Significant existing specimens include Live Oaks, Ficus Trees, Royal Poincianas and multiple species of Palms. The current size of these existing trees range from 5" — 32" DBH trunk dimension. led I,e a publle heeang net loch In the Cltydr The location of the proposed SAP is near the southern boundary of the Little Haiti neighborhood. This neighborhood is one of Miami's cultural gateways into the city identified by Haitian exiles as well as many residents form other Caribbean parts and desire to be conserved and enhanced in a manner consistent with the heritage of the Haitian Caribbean island culture. The area is characterized by its French -Creole theme, with local family owned businesses, restaurants, art galleries, dance, music, theatre performances and other cultural activities. 2010 Census data indicate that residential neighborhoods within Little Haiti are made up of low to moderate income level Haiti and African American residents. Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ 5abal Palm SAP)) — Page 2 ilrng iVder Meldecision 0809 1 PROPOSAL: Sabal Palm Village SAP proposes increasing density and intensity to promot uses including increased residential units, office, commercial, and civic and instit The proposed SAP will entitle the applicant to the following: NOTICE �mr,1Itre4rro be -Wm*. bra pug, neirM ' xccor.d erns rtrne�nes en tarn narecrror warm MrIn m ar:ncana e«abn.roaxea bar w+r reae,v wrecanen nnrewn;c Idcc oro ara�ra recommendationera Mrl Aeer9on PZ-21- 1 OB09 08/ 2(121 • A rezoning from T5-O and T5-R to CS, T5-O, T6-8-O and T6-12-0 allowing for additional density and intensity. • Modifications to Article 4, Table 3 Use Chart to allow Medical Facilities use to complement supporting uses west of NE 2nd Avenue at the Miami Jewish Health Campus. • Modifications to underlying Transect Zone regulations including but not limited to: Parking, Building Disposition and Configuration and Public Benefit Height. • Dedicated CS park space • Establish and implement first segment of the Flagler Trail linear pedestrian and bicycle pathway. • Establishing supplemental regulations for the Little Haiti Green Market • Establishing procedures for SAP Permits • Establishing an Art in Public Places Program Below is a basic approximate comparison of existing entitlements and requested entitlements: Table #1: Approximate Entitlements Existing Conditions Proposed SAP Difference TRANSECT ZONE T5-R Urban Center T5-O Urban Center CS Civic Space T5-O Urban Center T6-8-O Urban Core Decrease in FLR, Height and Lot Coverage Same Increase in FLR, Height and Lot Coverage Increase in FLR, Height and Lot Coverage T6-12-0 Urban Core DENSITY 65 du/ac Total Allowed: Approximately 1,460 units 150 du/ac Total Allowed: Approximately 3,129 units 85 du/ac Increase increase of 1,669 units HEIGHT 5 Stories 5 Stories 16 Stories 20 Stories Same Increase of 11 Stories Increase of 15 Stories Staff Analysis Report No. (8609 {ePlan to PZ-21-10809_ cabal Palm SAP)) — Page 3 TICE FAR TOTAL 3,915,172 SF 5,899,658 SF 1,984,4i' ThaSThFq: reNew{M informepon fl the I n creas-` >'. recommendalla�n PZ-21- LOT AREA 25.97 acres 25.97 acres No Chang-' 08/2C1 OPEN SPACE 97,905 SF (10%) 248,923 SF (27%) Increase of 15 , SF of Open Space PARKING 2,190 Spaces 4,782 Spaces 2,592 Spaces Increase Figure: Aerial of subject site ; �=•1h�ryrylyyc SfiTis sT el P a]]jj ^- laW IIlE akIdill r r= gam- 1� N Y,x f:-:+r _.'rW.fiGbS` _. Staff Analysis Report No. (8609 (ePlan ID PZ-21-10209_ Sabal Palm SAP)) — Page 4 edukd for a panic hearing set Fenn In the City or xlcbn..rIr.V body wii pubic hearing torerkeeflnelCaclacn. 0809 /21 C. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) Existing Designation The existing Future Land Use Map (FLUM) designation for the Sabal Palm Village is "Medium Density Multifamily Residential". The SAP application includes a compani amendment (File ID: 3307). The proposed FLUM designation is "Restricted Commercial'. designation would allow for additional commercial and office uses and a residential density increase from 65 dulac to 150 dulac. Illustration #1: Current Future Land Use Map Designation z NF NE 5_Trt ST IJ_.I Low flen511y I I Restricted I —COmmerctal 51ST5T IdE 59TH TER 5rH Sr —0: I 7—I Duplex - Residential Medium Density Restricted 'Commercial Major Inst. Public Facilities, Transp And 44-ST1-1 S NE 55111 TER NE 5]Rp 5T Medium Density Multifamily Residential iv£ 51Sr TE2j FIE /!ATFI ST' I.F. r..STH t4E'55TR Eli - TER NE ESTH ST NE 5NND 5 Nt Np NE'S2NE TrA TER— N,52N6 S1 NE 501H TER- Single Fami y • Residential- 4 RAY PUINT RO NOTICE TNisJMetilreeds utetCRSMIed for a pubic haring a ceede.nowNh errielhesen earth hEwCltyol Lilent Code. lbe apWlketie d l53en-makbg badrn.0 eeriew the Inb41 the pibk hearing to wider recman<nmuo,wa Mel Enid,. 4f/ Staff Analysis Report No. {8609 (ePjan ID PZ-21-10809_ Sabal Palm SAP)) — Page 5 Illustration #2: Proposed Future Land Use Map Designation T1: II 1. Macliorrr Deil$ity Moltlfamil- R identl! -r 9a v. Lhr Y� Cow Density Restr1 ted Commmerc al hIE 3RD Si 0 riirrtil GeneralID w Commercial HIFr [ pleu dentlal ahli■■111•; i/1i111 ` ® 5 Medlum Density k Restrictt?li' v FCemmere ialAMEN i; 1 rTE-rn E GGTN THNE. R11 s NE61ST 5T N8,61;5T_Si NEE6l7TH •7HFi- ............. Single Fans 1p Residential 'West-WM.1 needs to la eetl a healing In accordancestIrrtelirteseetlonUh City or MIanMCod.The applieede clacklon.netlene hardy1N11 mine he information at the NM, heel 2 to ranee,- e a6C411enendaddoor a Anal defl2on Pz 21 108()9 Q8/20/21 Miami 21 Code The existing Transect Zone classification for the Sabal Palm Village SAP is designated T5-O (Urban Center) to the north along NE 54th Street and T5-R (Urban Center) for the remaining properties within the site, Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Sabal Palm SAP)) — Page 6 4 PUB/4c 0 O. Illustration #3: Current Miami 21 Transect Zone Designation F 59111),57 T4-O NE 5.2140—NE'S2NC �ITCA--iFTEA- NOTICE ti INS.tunitalneedVto he scheduled lwepuiie heavy I`1 acedenu with dmNYes' set Wile et CityOS II NIMdaCade_ Me apOahedecNon.nsang body wid / telewdheintonnadon at the pubic herM lewd."a ecanmendWa, .heal decidaa PZ-21-10809 q�\�* 08;20/21 J/ RFVG00Q fEw The proposed Zoning outlined in Illustration #4 shows that a transition of Height and Intensity will be made north to south from T5-0 along NE 54th Street to T6-8a-O, T6-8b-O and T6-12-0 in the center. These zones have been proposed in a successional form to ensure that proposed development is concentrated in the center of the subject property and that proposed development properly transitions to the low scale commercial corridor and low density residential area to the north and southwest. The proposed zones will also allow for additional Commercial and Office Uses providing a new mixed use, pedestrian -friendly, urban development opportunity for the area. CS Zones will also be proposed to ensure programmed open space will be maintained and accessible to the future residents of Sabal Palm Village and general public. Height and building scale will transition from T5-O with a maximum height of 5 stories along NE 54 Street to T6-8a-O and T6-8b-0 with a maximum bonus height of 16 stories. The tallest height will beT.6-12 cen er of the site a awing or a maximum bonus ight of 20 stories. Staff Analysis Report No, (8609 (ePlan ID PZ-21-10809_Sabal Palm SAP)) — Page 7 Illustration #4: Proposed Miami 21 Transect Zone Designation NIE 56TH &T SAP Criteria 1, .. NE. 54sfii 6i.a NC+r�5THTER NE yli 1?E NE 92NpNE'62Np i''eRTER— NOTICE Th11 silbmllalheeik to be 66heckled lora pth a hearing 3na ordaree with timelines bet forth h the.[ly of r lwlhe information e n al the p.bue hewing to lbd a a re.c.intandalion or a AnaldacI co 1PZ-21-10809 08/20/21 Upon approval, the Sabal Palm Village Special Area Plan (SAP), will comply with the Density, Intensity and Height allowed by the proposed zoning designation. The Regulating Plan governs the internal distribution of the development proposed that includes open space and civic spaces and allowing master planning of the Sabal Palm Village development. The approved Regulating Plan and Concept Book, supported by the proffered Development Agreement, will provide clear and comprehensive parameters for future development on the site. The following is a review of the request pursuant to the Special Area Plan criteria under Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Sabal Palm SAP)) — Page 8 PUB4j., 04. 4! NOTICE ms s'UraletlneediW CeleA.Nlt, new l S o0'd r� win drne:hsne[ fomhm Ne00 of 1.4eml Code. Thezw,Kepe eKe.laa-mi N badlwll rMe�v Nelnlprmatign a the prhti, hearing to remit, a nmormeM100410i ll Widen_ Purpose: The purpose of a Special Area Plan further is to encourage the master planning of parcels greater than nine (9) Abutting acres in size, in order to pr integration of public and private improvements and Infrastructure; to enable Th connectivity; to encourage a variety of Building Heights, massing and Streetscape design, provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. PZ-21-10809 a 08/20/21 Criteria A: "The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan". Analysis: The proposed Special Area Plan consist of 25.97 acres. Findings: Consistent Criteria B: "A Special Area Plan shall be approved by the process of rezoning with or without Transect Changes". Analysis: The application is proposing rezoning that will result in Transect Changes. The site is currently zoned T5-O to the north and T5-R for the remaining site area. The proposed zoning helps transition height and intensity north to south from T5-O i-- along NE 54th Street to T6-8a-0, T6-8b-0 and T6-1Oin the center. CS Zones will also be proposed to ensure programmed open space will be maintained and accessible to the future residents of Sabal Palm Village and general public. Findings: Criteria C: Consistent "A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan". Analysis: The Sabel Palm Village SAP assigns Thoroughfares and Civic space types with appropriate transitions to abutting areas as illustrated in the plans submitted. The thoroughfare plan proposes additional private drives and pedestrian pathways to encourage exploration of the entire neighborhood, to provide multiple points of access for future buildings and to ensure greater connectivity and walkability. A Staff Analysis Report No. (8509 (ePlan ID PZ-21-10804_Sabal Palm SAP)) — Page 9 greenway connection along the Flagler Trail will be a dedicate walking path parallel to the FEC Railroad Corridor connecting n access. The application has not yet been replatted and will subdivision regulations within City Code Chapter 54 and 55 prior to bui In addition, design elements such as pavers, street furniture, and landsc provided beyond the limits of the SAP thus further integrating the abutting area through said design elements. The SAP has placed a significant emphasis on the Civic Space Type development which includes two (2) Community Parks and three (3) Plazas, three (3) Pedestrian Passages and a Linear Greenway along the EEC corridor within the site. These spaces will not only serve the future residents of Sabal Palm Village but also the general public from the surrounding Little Haiti community. These spaces will also provide opportunities for existing tree specimen protection and preservation throughout the SAP site. Findings: The proposed Transect Zones establishes an appropriate successional transition from the T5-0 commercial corridor to a higher intense T3-12 center of the SAP, the maximum height of twenty (20) stories. This scale will allow for compact development for future TOD development capacity that may server the area in the future along the FEC Corridor and help maintain an appropriate scale and volume in context with the surrounding neighborhoods. Consistent Criteria D: "A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5". Analysis: The applicant has submitted a Concept Book through the SAP submittal process that maps Thoroughfares and Transect Zones, and the Concept Book and Regulating Plan both highlight the SAP's deviations from Miami 21. Findings: Consistent Criteria E: "A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to a Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvements within the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares". Staff Analysis Report No. (8609 (ePlan !D PZ-21-10809._ Sabal Palm SAP)) W- Page 10 Thfa NLrnittal reed;W he schetlu lel rot a pabkc hearing h accordance with arnabneslet rnh hbae Clp'ot ' hxwglo Cede4Or, f My It (ealaahe public Fkalkq eerslocead la heedEla re recommendation or a MrtdeCbiM P-21-10809 rA 08/20/21 ,/ Analysis: The total SAP area is 979,051 square feet, which results in 195,27 required Civic Space to be provided. The SAP proposes 8 distinct Ci be phased in over the four phases of the project and must be built a below: NOTICE dhlas dnittal needa to Ix scheduled fora p0114 IwarInq In Kowa . with rcmatlreseet lonh Blthe ❑ry al Malt Cade. the applulia dechlen•mokhpbady rkl raMewlhe inblmodco al the public hearing Io !coder a lecanenleadaa ell or a Me l dacli0n PZ-21-1DB09 08l2 D/21 Civic Space A (Phase I) is a 63,064 square feet community park, located within Lots 6-9. Civic Space B (Phase II) is a 40,093 square feet plaza and pedestrian passage, located within Lots 4-5. Civic Space C (Phase III) is a 83,112 square feet central community park and pedestrian passages, located within Lots 10-11. Civic Space D (Phase IV) is a 29,224 square feet plaza and pedestrian passage, located within Lots 1-3. In total, the SAP is proposing 195,272 square feet of Civic Space to be phased in proportionally with development. The amount of Civic Space provided is a 17% increase from the 5% amount required within Miami 21. Findings: Consistent Criteria F: "Development within the Special Area Plan shall be pursuant to a recorded Development Agreement that wi]I 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". Analysis: A Development Agreement between the applicant and the City of Miami has been submitted in accordance with the above criteria and will be considered by the City Commission. The currently proposed Public Benefit program is identified below: Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_Saba! Palm SAP)) Page 11 Benefitllmprouements Description Thk wmnaltlxeds a me an-.*ilta f� a Mu tes 1 mexcwtxNes Kt vAntomeln forth In JVCiryo d4,m,e:ad,7.a99ktVe non.m,r:„h�,f + nwew Vie lnlOr!V'Jndf nt were*MnOrrtle � Capital Contribution The Little Haiti Community Revitalization and the Miami -Dade Chamber of Commerce shall administer the Capital Contribution. A seven- member board made up of community stakeholders will direct the use of funds for the advancement of the following: nz-21-10809 � '9 08120/21 iP,r'' ___ ._. ' VIEW Cod $10' �' ~ 4 Trolley Infrastructure Construction of 2 trolley stations on site. $100,000.00 Street Right -Of -Way Enhancements Contribution of funds provided for improvements along all ROWs abutting property. $3,388,500.00 Open SpacelCivic Space 1.61 acres will be dedicated and rezoned as public park space $5 200,000 00 Miami Police Substation 2,000 SF Miami Police Substation will be constructed on -site. The City will pay $1,00 per year for up to 30 years for rent. $2,100,000,00 On -site Workforce Housing Dedication of 512 units built on site in four (4) phases will be rent controlled as Workforce housing needs. (60-100% AMI) ---- $17,777,402.00 Relocation Assistance Relocation of existing residents on -site during phased construction, moving stipend, lease new unit within Phase I at their current rent for no less than one year. TBD Total $36,520,000.00 Findings: Consistent Criteria G: "Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, prior to issuance of the Building Permit". Analysis: CRC reviewed the Sabel Palm Village ("Eastside Ridge") SAP on April 12, 2017 and provided a series of comments which have been subsequently addressed by the applicant. The Saba! Palm Village SAP is governed by a set of plans entitled "Sabel Palm Village SAP as prepared by Kobi Karp and Kimley Horn, consisting of 131 pages dated, stamped, and received by the City on June 16, 2021. Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_Sabal Palm SAP)) — Page 12 Findings: Consistent Criteria H: A Special Area Plan may include: Pals augrrAlll needs to be arredeled fora pufll haring In wow/fence wth thellrees eel rang, In tat city of Mland Code.11s ddpppfcatladeddon.aOng dory Poll redaw the Inlormodon at the pubic tioarins fa rondo a recommendation or a doll decision, PZ-21-1 0809 00/20/21 O' 'VIEW Cot' 1. "A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile -oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B-Grid shall not exceed thirty percent (30%) of the total length within a Special Area Plan. For Frontages on the B-Grid, parking areas may be allowed in the Second Layer". Analysis: A differentiation of the Thoroughfares as a Primary streets and a Secondary streets have been submitted as shown on sheet B-6 of the Concept Book. The Secondary Frontages do not exceed 30% of the total length within the SAP. As proposed, Secondary Frontages are at 25% of the total length within the SAP. Findings: Consistent 2. "Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than seventy percent (70%) glazed in clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer". Analysis: Retail frontage is provided at sidewalk level along the entire length of the frontage as depicted in Sheet C-5 of the Concept Book. Glazing requirements are maintained within the SAP Regulating Plan. Findings: Consistent 3. ''Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within the First Layer may apply towards Open Space requirements". Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Saba! Palm SAP)) — Page 13 Analysis: The proposed Sabel Palm Village SAP includes concepts of Gallen along NE 54th Street as shown in sheets D-3 through D-4 of the C tie in Haitian/Caribbean architectural character. o glaf ' •: � QA NOTICE i 1114 wb itn ryeda lobe=Itchma lw a publk hearing h accordance with dmallnes eh Forth M the Cltyo, Miami Code. The applluNe ded elon-mahew hGdywlp it the lnPormatlon al the pablkhev{np la Fenders scare ndldan ar a Anal Width. PL-21-10809 080D 21 Findings: Consistent 4. "Build -to -lines that differ from Transect Zone Setback requirement". Analysis: Build -to -lines differ from the Transect Zone setback requirements as depicted in Illustrations 5.5 and 5.6 of the Saba! Palm Village SAP Regulating Plan. Findings: Consistent 5. "A Terminated Vista location, requiring that the Building be provided with architectural articulation of a Type and character that responds to the location". Analysis: N/A Findings: N/A 6. "A Pedestrian Passage, requiring a minimum ten (10) foot wide pedestrian access be reserved between Buildings", Analysis: Three (3) Pedestrian Passages ranging from sixty (60) feet to twenty three (23) feet in width have been provided where required as per Sheet C-5 of the Concept Book, Findings: Consistent 7. "A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan". Analysis: N/A Findings: N/A Staff Analysis Report No, (8609 (ePlan ID PZ-21-10809_Saha! Palm SAP)) — Page 14 8. "Area Design Guidelines". Analysis: The Applicant has submitted a Regulating Plan that includes Desi for the Sabal Palm Village SAP. Findings: Consistent 5_i. NOTICE In acden Ceu vAhllrrwAnesttl 1prlh hnre Gry of ` M�aml the dg,eppl at the peakernakg tbendtypt ern nvlcwlhe CP.ellonell10T a final decision_ rerdre ... 4 repprrynerW&ng ra//M�paaI /fl/'lcldol PZ-21 -1LfUV9 " i►_ �. 08/2 ©/2'1 9. "A parking management program that enables shared parking among public and private Uses". Analysis: A parking management program that enables shared parking among public and private Uses shall be provided and approved by the Planning and Zoning Department prior to issuance of a vertical building permit. Findings: Consistent, subject to conditions 10. "FIexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions". Analysis: The proposed highest intensity zoning designation, T6-12-0 is concentrated within the center of the site, providing for an appropriate transition from abutting T6-8-0 properties. 76 12-0 has a proposed maximum height of twelve (12) stories by right and a bonus of eight (8) stories. The proposed maximum building height and intensity within the SAP shall not exceed twenty (20) stories, which will support compact, pedestrian -oriented and mixed -use Density and Intensity of Uses that relate to future transit services while maintaining existing neighborhood character. Findings: Consistent The following is a review of the request pursuant to the criteria under Article 7 and Section 7,1.2.8 of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria 1: "(a) The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Sabal Palm SAP)) -- Page 15 Criteria 2: Comprehensive Plan; the Miami 21 Code; and other city regulatio and justification for the proposed changes necessary." NOTICE 1 Ills abrnlal. needs Inns scbedoled fora pubic Make In .f CordsK. will tlnewssxl loan in thr f ryof cocw code. me mWurae daonion-m.xna bed, will reoiew+heinhxmanen.I CmpthK hexing lO reMV a / mcormendatlm ors Mai decision PZ-21-10809 /f `� 08120/21 (a) The proposed amendment is consistent with the underlying Future L Map designation of Restricted Commercial. The Uses and Densities propose are provided for in this FLUM designation. Further analysis of a FLUM change for the SAP is provided through the companion item 3307 (PZ 21-10935). (b) The SAP is intended to provide a quality, multi -modal activity node with a mix of uses including high -density Residential, Office, Commercial and Civic Institutional uses that leverage the accessibility and proximity of future transit opportunities that would abut the SAP area along the FEC Corridor. Tri-Rail is expected to expand services along this corridor within the next five years. It will establish a functional neighborhood along fixed -rail transit system that is identifiable with significant open space including Flagler Trail Greenway connection, its scale and a framework of development regulations including podium heights, setbacks, and facade requirements that will insure compatibility with its surroundings. The SAP regulations are intended to emphasize compatibility with the Little Haiti neighborhood to the north and west. "A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale". The proposed Zoning outlined in Illustration #4 of Section C shows that an appropriate zoning transition from the highest designation within the SAP center of T6-12-0 to T6-8-O and T5-0 predominately abutting the adjacent existing T5-O transect zone. Proposed CS zones provide a range of open space opportunities including parks, plazas, squares and pedestrian passages which are distributed throughout the site to break up building massing and scale. The proposed highest intensity zoning desi nation T6-12-0 is concentrated within the center of th-ee, p oviding for an appropriate transition from abutting T6 8-O properties. T6�1 1145.4iprojalagmaximurnit of twelve (12). stories and a Bonus Height of additional eight (8) stories. It has been determined that the scale of this building volume is n context with the adjacent existing low to moderate building scale of the surrounding neighborhood. The proposed development capacities will support compact, pedestrian -oriented and mixed -use Density and Intensity of Uses that relate to future transit services along the FEC Corridor while maintaining existing neighborhood character. Criteria 3: "Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.9" Staff Analysis Report No. (86o9 (ePlan ID PZ-21-108O9 Saba! Palm SAP)) — Page 16 See Criteria A - G ml wrrranal MEM. bC IC nemlea rcr a writ lreirng , hxevtl ann arnehes sat lo-ih hSheGly d at V MAN Coda_ Tex epp'icatle clecnameralhng1er41, burrbrm the lualion at Ilre pi bloc Ireahrend. q le a recc rnerdaAim m a 1511h4960So') PZ-21-10809 Finding: In determining the appropriateness of the proposed "Sabal Palm Village Sp Area Plan" (SAP)", the Planning Department reviewed this proposal and found that it maintains the goals of Miami 21. D. Coordinated Review Committee In determining the appropriateness of the proposed Special Area Plan (SAP), the Planning Department referred this proposal for additional input and recommendation to: • City of Miami Office of Zoning • City of Miami Office of Capital Improvements and Transportation • City of Miami Building Department - Division of Environmental Resources • City of Miami City Attorney's Office • City of Miami Department of Resiliency & Public Works • City of Miami Building Department • City of Miami Parks Department • City of Miami Police Department • City of Miami Fire Department • Miami Parking Authority • Miami -Dade County Water & Sewer Department • Miami -Dade County Regulatory and Economic Resources Department • Miami -Dade County Public Works • Florida Department of Transportation District 6 • Little Haiti NET Office This referral was made through the Coordinated Review Committee (CRC) requirement pursuant to Article 7, Section 7.1.1.3 of Miami 21. The CRC meeting was held on Wednesday, April 12, 2017. Recommendations from the above Departments have been considered in the recommendations of this report. E. RECOMMENDATION Pursuant to Miami 21 Code, Article 3, Section 3.9 and Article 7 of the Miami 21, as amended, the Planning Department recommends Approval with Conditions of the Sabal Palm Village Special Area Plan based upon the facts and findings in this staff report. CONCLUSION The applicant's submitted materials and analysis provided as part of this Special Area Plan application are consistent with the intent of Miami 21, the Comprehensive Plan, and all other relevant city regulations: The Planning Department Recommends Approval with Conditions Staff Analysis Report No. (8609 (ePlari Ib PZ 21-10809_ Sabal Palm SAP)) — Page 17 PU$L,c, CONDITIONS Based on analysis and findings, the Planning Department recommends Approv "Sabah Palm Village" SAP with the following conditions: NOTICE IMf ,JWON rleeask keKMOJI, Mr a pu W nearing N accordance with Ame&lnm set forth bate Cary of tMbMCaae.The app4Gne auhba ernjtbread MI niteerinemmmWoepie wbl<f�+er+gto sera 2CgmRTGaean ore koalaean PZ-21-10809 \ 8/20121 �, Q~ 4 VIEW 1) The development shall be substantially in accordance with the plans entitled "Sabah Palm Village SAP as prepared by Kobi Karp and Kimley Horn consisting of 131 pages dated stamped approved for hearing in ePlan (PZ 21-10809). 2) Any outstanding conditions requested by City staff for project PZ 21-10809 that modify, amend, alter, and/or change the Concept Book or Regulating Plan shall be provided to staff by Applicant and approved by City staff prior to scheduling before the City Commission. 3) The Applicant, owner, or successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 4) The Applicant, owner, or successor shall 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. 5) Allow the Miami Police Department to conduct a security survey, at the City's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the SAP security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 6) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating applicant's coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the SAP, owner responsibility, building development process, and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access, and water supply. 7) Obtain approval or provide a letter of assurance from the Department of Solid Waste, that the SAP has addressed all concerns of the said Department prior to obtaining a building permit. 8) Show compliance with the Minority Participation and Employment Plan (including a Contractor / Subcontractor Participation Plan) which shall be submitted to the City prior to the issuance of any building permit. The Applicant shall follow the provisions of the City's Minority Women Business Affairs and Procurement Program as a guide, as applicable. Staff Analysis Report No. (8609 {ePian ID PZ-21-10809_ Sabah Palm SAP)) — Page 18 0 9) Record the following in the Public Records of Miami -Dade County, Flor issuance of any building permit: NOTICE S1JI subrrallel needs to be acaeduled tor a NW heering in accordance wall tlmeilnes sal !Lethal Slat Choi ht M1am1 Code. The appdeagte deelitan.makingbodyw ill review Vie information al ale puauc Fleming to render a recommeMatlon or a Ana[ decltlon PZ-21-10809 9� O8120121 a) Declaration of Covenants and Restrictions providing that the ownership, op �"` VEw b) Maintenance of all Civic and Open Spaces, and any related improvements located thereon, shall be the responsibility the property owner(s), their successor(s), or their designee in perpetuity; and c) Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title, if applicable, subject to the review and approval of the City Attorney's Office. 10) Prior to the issuance of a building permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (9) above. 11) Prior to the issuance of a building permit, provide the Building Department — Environmental Resources with a certified arborist report that gives an assessment of each onsite tree, including those within the right of way and those whose canopies cross the property line from an adjacent lot. The report shall provide specifications such as tree number, common name, botanical name, DBI-I, overall height, spread, and condition. Ensure each of these specifications are consistent with the tree disposition drawing. Color photographs in support of the assessment are also required. The report shall be dated no more than three (3) months from the time of submittal. A certified arborist can be found by visiting www.isa-arbor.com and selecting Find an Arborist on the homepage. 12) The Applicant, owner, or successor shall be subject to the replatting process under City of Miami Code Chapter 54 and 55 regarding subdivision regulations prior to issuance of building permits for those portions of the property that contain the various public and private right-of-way dedications and lot reconfiguration that would trigger replatting. New/proposed street alignments shall meet all access requirements for emergency vehicles. Maneuvering diagrams for the approved Fire must be submitted along with the tentative plat submittal. All other building permits shall be subject to review and approval by the Department of Resiliency and Public Works; 13) The Applicant, owner, or successor shall comply with all Department of Resiliency and Public Works development conditions below: a. Site plan must show locations of Monument Line and Street Centerline along with their dimensions to the Base Building Line. Provide property boundary information in accordance with survey; b. All right of way improvements and public street cross sections shall be according to City of Miami Resilience and Public Works Engineering Standards. c. All driveway approaches shall be according to City of Miami Department of Resilience and Public Works Engineering Standards. d. Any right of way street cross section modifications along NE 54 St, including but not limited to the proposed street type entrance, require review and approval from Florida Department of Transportation. Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ sabal Palm SAP)} — Page 19 e. Any right of way street cross section modifications along NE 2 Av, it limited to the proposed street type entrance, require review and appro Dade County Department of Transportation and Public Works — Traffi Division. f. A maintenance agreement between the City and the property owner is requir non-standard improvements located in the right of way. g. Any right of way modifications to traffic signs and pavement markings require review and approval from Miami -Dade County Department of Transportation and Public Works — Traffic Engineering Division. h. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line. The maximum slope for a driveway ramp sloping upward toward the street is 1:20 for the last 20 feet to the property line. i. All encroachments into right of way shall conform to the provisions of Chapter 32 of Florida Building Code. j. No run-off is allowed into right of way area. All storm water must be retained on site including the driveways and plazas on private property adjacent to public streets. Plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for storm water disposal, they must be located on -site in an open area to accommodate future maintenance access. k. All transitions from the established street profile grade to the proposed building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the right of way and the record profile street grade cannot be changed to accommodate the proposed building ground floor elevation. I. Right of way conditions must comply with American Disability Act (ADA) Guidelines. m. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer System Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Storm water, Erosion and Sediment Control permit. For information on a DEP permit application, please contact the Department of Resilience and Public Works Department at (305) 416-1200 or www.dep.state,fl.us/water/stormwater/npdes. n. Roadway restoration for all utility extensions, existing damaged pavement and pavement damaged during construction shall comply with City of Miami standards and requirements. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. o. Department of Resilience and Public Works requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Department of Resilience • and Public Works, is constructed and maintained by the contractor throughout the duration of the lane closure. A maintenance of traffic (MOT) plan is required for any temporary right of way closure request. p. All landscaping installations and/or removal require permit application and approval from Building Department — Environmental Resources section. TAI wi nteredEs a Oaochedded for opdOld having lo ocomd eme Weh bmelhod Eel forth irlhe CJly cl Mood Code.7N appaneda dAblory.makIng body Mi. reNeWlhelnlormaLon al me IAEA hoorhg la renders • Moommenaad000rabra ldecIdo). 1 raz-21-10809 08120I2.1 14) Provide the Planning Department with a temporary construction plan for review and approval that addresses construction phasing and includes the following elements: Staff Analysis Report NEc. (8609 (ePlan ID P2-21-10809,,, Sabal Palm SAP)) — Page 20 a. Temporary construction parking plan, with an enforcement policy; b. Construction noise management plan with an enforcement policy; and �, rraly-e NOTICE, 1TIa su6[Nnel needs to oe nchedulea Mra pldlleheering n accordenre wN, timeliressel forth 4r ute Gry ne Mleml Cale The appnon decision-mak:on beeywl11 maeonon ,t er reNew the iniwem publc!leering to render a rawMnende on or d Mal dec Idol P-i_�1_1f1Rf1Q / c. Maintenance plan for the temporary construction site; said plan shall be subje review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this SAP. 15) Prior to the issuance of any building permit, the applicant shall provide the Planning Department for review and approval: a. Environmental Impact Statement and final reports for the lots included in the SAP site. b. Updated Sufficiency Letter from the City of Miami, Office of Transportation. c. Final determination of Public School Concurrency and Capacity Reservation. d. Conservation Assessment Report (project is located within a high Archeological Probability Zone). e. Proof of compliance with conditions established by the following department or agencies, specifically: City and County Public Works Departments Miami -Dade County Water and Sewer Miami -Dade County Traffic Engineering Division Florida Department of Transportation (FDOT) 16) The "Sabal Palm Village SAP" includes a Development Review Process which addresses the build out of the project as identified in the Regulating Plan. All development within this SAP shall be submitted for review and approval by the Planning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9.1 .g•. of Miami 21 and the SAP. 17) If the project is to be developed in phases and/or individual specific projects, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 18) The applicant shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state, and federal regulations. 19) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Sabal Palm SAP)) — Page 21 20) As applicable, SPV Reality, LLC., as defined in the approved SAP, shall for securing the City's approval for any change or modification to the appr construction plan. Request for approval of any change or modification to approved temporary construction plan shall be submitted for review and appr than two weeks prior to implementation of requested change or modification, T * oubmItai nerds W be schedule/1 for a pdbec hearing N acmndenu Oh Inman. an. aei Ior1F Intim CIly Miami Code.The applka0 0 deeblen•making nady 001 r1Mewrhelnmmranna at gre NIA hearing kp rmdet a rasornmendanon or nmldecldun PZ-21-10809 08/20/21 ��IVir�� lac 21) The Applicant, owner, or successor shall comply with the recommendations pursuant to the Urban Design Review Resolution dated January 18, 2017 attached hereto as Exhibit C. EIIis, Digitally signed by Ellis, Jacqueline Jacqueline Date.:.2021.08.20 16:11:58 -04'00' Staff Analysis Report No. (8609 (ePlan ID PZ-21-10809_ Sabal Palm SAP)) — Page 22 AERIAL EPLAN ID: PZ-21-10809 SPECIAL AREA PLAN ADDRESSES: 5035 NE 2 AV; 5175 NE 2 AV; and 5125 NE 2 CT 0 250 500 1,000 Feet + I ill i I Pt MI MIN IJET$RDTST MIZEPTERTHITER1111 .' "e; yam„ ; NE�50THIST U R NE_49,TH Y3YN� Il361A11 F1IItI$YANliiiiii NET55TH MN MEW 11 6111111111MOVIRg u,4 nNt°' NOTICE irys submittal malls to hasrnee,ard fola Ohl bile hark auoresnm Nish timelines se] Iorth tithe City of {Rem] Code. The apppud! etotoloR-rnaaaw Way wh, .... review thaw wnen 1,tht hataa having to maul re:ommencstim w s find deoWon. P Z-21-10809 08f 20l21 1®®��1.. TER,u. y Y+ MIAMI 21 (EXISTING) EPLAN ID: PZ-21.10809 SPECIAL AREA PLAN ADDRESSES: 5035 NE 2 AV; 5175 NE 2 AV; and 5125 NE 2 CT 0 250 500 11000 Feet `{ �;� , `fit:, ;:�• (7 Ma StlGnItlal needs lo besehLNk71NE pvbYchelflnq 1l exarOuwe with Engines set forth In Ihe IXy al Miami Code. The appllutle declllmvmhhq bolt' w&1 reNewtlte Intollnenan ate puble he/Ara ee render s (ecomm.rdytlon or a AnaldecMut NOTICE / C, NE'5 TH,ST z NE 55TH j ER r NE 55TH TER NE.55THSTh N E'50TH =TER 11111 11 11! NE,52Nb=57, T6-8-0 I NE51STST-NE.51STST- NE,5rr3RD STL T4-0 NE 52NDTNE'52NU' �iTER TERM MIAMI 21 (PROPOSED) EPLAN ID: PZ-21-10809 SPECIAL AREA PLAN ADDRESSES: 5035 NE 2 AV; 5175 NE 2 AV; and 5125 NE 2 CT 0 250 500 1,000 Feet E i 1 I i i { TMln accc danre`wlh drugless set Scheduled CItel Mlanl Coda The mutts de decidon mekln9 bury wil }l re New the In}amaNan N thr Wye hevla0 to tender r mmeMNon oreflnal ddead.ec PZ-21- g10809 fiz. 08/20/21 PLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. Project Name: Sabal Palm Village SAP Project Address: 5175 NE 2 AVE, 5035 NE 2 AVE 5125 NE 2 CT Company Name: SPV Realty, LLC Primary Contact: Melissa Tapanes Liahues Email: mtapanes@brzoninglaw.com Secondary Contact: Carli Koshal Email: CKoshal@brzoninglaw.com Pursuant to Miami 21 Code, Article 3, Section 3.9 and Article 7 of the Miami 21, as amended, the Planning Department recommends Approval with Conditions of the Saba! Palm Village Special Area Plan based upon the facts and findings in this staff report. AERIAL EPLfN ID, 1,2-21.10809 SPECIAL !REMPLI NE YIN urf Thlr eb Wrntatneaeo to be scheduled tor a puhos Marini; in attadhym with Ilmetlraacet forth h the city or Km", Cede.'Rapptleatie decklon-rruNhg bhtlCh retlew the Intmmahon al the pobtc Inuring to ttater a {eppartian tlon worn' dation. ., Pz-21-108O .:_ Lo, O82O/21, Lead Staff: David Snow Principal Division: Urban Design Email: dsnow@miamigov.com Sabel Palm Village SAP proposes increasing density and intensity to promote a mixture of uses including increased residential units, office, commercial, and civic and institutional uses. Existing Transect zone(s): T5-O and T5-R Urban Centj Existing FLUM(s): Medium Density Multifamily Reside Commissioner District(s): District 5 (Jeffrey Watson) Department of Human Service Neighborhood Service Center(s): Little Haiti Revision Date: 06/15/2021 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP ry City of Nisei Land Development DIV Sian Planning Department ANALYSIS FOR SPECIAL AREA PLAN "Magic City" APPLICANT: MCD Miami, LLC and others FILE ID: 4459 PROJECT ADDRESS: 6001 NE 2 AV and others NET OFFICE: Little Haiti (See Exhibit A) COMMISSION DISTRICT: District 5 (Keon Hardemon) PREPARED BY: Joseph Eisenberg, Planner II A. GENERAL INFORMATION REQUEST: Pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, MCD Miami, LLC and other affiliate co -Applicants (together the "Applicant") are requesting a Special Area Plan (SAP) that will modify the existing Transect zone regulations for the subject parcels to the extent indicated herein. The application has a companion amendment to the Future Land Use Map (FLUM) for a density increase and to permit additional uses. This SAP proposes a mix of commercial, office, hotel, and residential uses and associated parking areas in addition to public plazas and park space as follows: 1. The Magic City SAP is comprised of approximately 17.75 acres of contiguous properties. 2. The SAP proposes approximately 7,794,139 square feet of development consisting of: 2,630 residential dwelling units; 2,208,540 sq. ft. of office space; 520,970 sq. ft. of commercial space; 201,600 sq. ft. of hotel space; 119,610 sq. ft. of expo space; 6,061 parking spaces; and 215,493 sq. ft. of civic space. The Applicant is also proposing an additional 370,000 sq. ft. that may only be utilized for additional surplus parking as needed. B. BACKGROUND The Applicant owns the site of the former Magic City Trailer Park, an approximately 6.1 acre parcel located at 6001 NE 2 Avenue, and 36 additional contiguous parcels. The proposed SAP site totals approximately 17.75 acres of land, which is generally bounded by NE 59 Terrace to the south, NE 2 Avenue and the Little Haiti Soccer Park to the west, NE 4 Avenue and the Florida East Coast (FEC) railroad Corridor to the east, and NE 62 Street and NE 64 Terrace to the North. The subject parcels' legal description is on file with the City of Miami's Hearing Boards Division, and incorporated into this application as Exhibit A. File ID No.4459 Magic City SAP Submitted into The Recor- Page 1 of 19 al, U;_if The Magic City Trailer Park site is currently vacant, and the other 36 parcels included with the application are either vacant or have one or two-story warehouses. The site is also home to the historically designated DuPuis Medical Office and Drugstore Building. The Applicant has committed to preserving as much of the structure as possible and reconstructing the remainder in place or shifting the entire structure slightly, so it no longer encroaches into the public right-of-way, There are no residential structures located within the SAP boundaries. The Magic City Trailer Park site was once home to as many as 40 trailers, Prior to that, the site was called the Magic City Park and consisted of tourist cabins, a large vernacular home, and some trailers. These unique typologies permitted the growth of a substantial tree canopy. The SAP's .large central promenade, called the Promenade Du Grand Bois, was designed to preserve many of these canopy trees. To the greatest extent possible, the remaining trees will be relocated to the planned Promenade. The proposed Magic City SAP is located within the Little Haiti neighborhood. This neighborhood is one of Miami's cultural gateways into the city identified by a large Haitian population as well as many residents from other Caribbean islands, and should be conserved and enhanced in a manner consistent with the heritage of the Haitian Caribbean island culture. The area is characterized by its French -Creole theme, with local family owned businesses, restaurants, art galleries, dance, music, theatre performances and other cultural activities. The Applicant has committed to working with the City's Planning Department and Little Haiti residents to refine the existing Historic Lemon City/Little Haiti Creole District Design Guidelines. The Guidelines would apply to the SAP properties fronting NE 2 Avenue, The 20'10 Census data indicates that residential neighborhoods within Little Haiti are made up of low to moderate income residents. To address the need for additional attainable housing options; the Applicant has committed to providing both affordable and workforce housing within the Special Area Plan or nearby vicinity. PROPOSAL The Magic City SAP Applicant proposes increasing density and intensity volumes to develop "a mixed -use campus focused on local entrepreneurship and innovation in technology, the arts and entertainment, sustainability and resiliency, and health and wellness," The SAP proposes residential units, office space, commercial space, research and entertainment uses oriented around a large central promenade. The proposed SAP will entitle the Applicant to the following: • An overall masterplan for a mixed -use development. • A rezone of approximately 16.08 acres of land from T5-O (Urban Center) and D1 (Work Place) to two new zoning transeot categories: MCID-1 (Magic City Innovation District-1 ) and.MCID-2 (Magic City Innovation District-2). . • Modifications to the Article 4, Table 3 Use Chart to permit Micro Unit Residences, Art Galleries, Manufacturing -Enabled Retail, Media Production Facility, and Flex Space Uses. • Modification to underlying Transact Zone regulations including but not limited to: parking, building disposition and configuration and public benefit height. • Establishing supplemental regulations for Retail Merchandizing Units, • Establishing procedures for the Magic City SAP permits. File ID lio,4459 Magic City SAP Page 2of19 Below is a basic approximate comparison of existing entitlements and requested entitlements: Table #1: Approximate Entitlements Existing Conditions Proposed SAP Difference ZONE T5-0 (Urban Center) D1 (Work Place) T5-O (Urban Center) 131 (Work Place) MCID-1 (Magic City Innovation District-1) MCID-2 (Magic City Innovation District-2) N/A N/A Increase of Height, Intensity and Density Increase of Height, Intensity and Density DENSITY 7.14 ac. T5 - 65 du/ac = 464 Dwelling Units 10.61 ac. 01 — 36 dufac = 381 Dwelling Units Total Allowed: Approximately 845 units 16.08 ac. MCID -1 and MCID-2 150 dufac =2,412 1,04 ac. T5- 65 dufac = 67 Dwelling Units .63 ac. D1 —36 du/ac =22 Total Allowed: Approximately 2,502 units increase of 1,657units HEIGHT T5: 5 Stories or 6 Stories with public benefit D1: 8 Stories or 10 Stories with public benefit T5/D1: 5-10 Stories T5/D1: 5-10 Stories 75: 5 Stories or 6 Stories with public benefit D1: 8 Stories or 10 Stories with public benefit MCID-1: 20 Stories MCID-2: 25 Stories Same Same Increase of 10-15 stories increase of 15-20 stories FLOOR LOT RATIO (FLR) N/A Total 8,164,139 SF Increase LOT AREA 17.75 acres 17.75 acres N/A OPEN SPACE T5 — 31,112 SF (10%) D1 -w 23,103 SF (5%) 214,493 SF (27.7%) Minimum increase of 160,278 SF of Open Space PARKING N/A 6,061 Spaces minimum N/A *All acreages are approximate File ID No.4459 Magic City SAP Page 3 of 19 C. FUTURE LAND USE MAP (FLUM) AND ZONING DESIGNATION The existing Future Land Use Map (FLUM) designation for the Magic City SAP is a combination of "Restricted Commercial," "Medium Densit Restri to Co mer ial," and "Light Industrial". The SAP app ica ion inc a es a com ni F adment (File ID: 4458). The proposed FLUM designation is "Restricted Commercial". This designation would allow for additional residential and kil commercial uses and increase residential density from 36 du/ac or 65 du/ac to 150 du/ac for the iit_ SAP. Of the 37 parcels only four will remain Light Industrial. —`- Illustration #1 Existing FLUM Designation N ! I 1 NE ssr.l sT__a I - Light ; I 1 - ,-- � L Industrial m . - � -. i �, �, NE ss7Fi S7 w; } r iii i7)-- Z r ST : — ; . 4i us > i rn r> r64TH I - TER -.1!' y Medium DensitytIndustiiai1111.11.0 m i Rest ictec! - - a T NE S1TH ST D u+pl-1 Residential -NE 64T1i Medium Density ;. - esid1111111 —Muitifenhia1 -Residential � i{ iYvcr d--�� tdE ORD ST w c z °" Restricted a r '' MD Corrrn� NE62NDST' Major Inst.,Pubiic Facilities. Transp And --Duplex T '- Residential l NE sorfr r z NE eisT ST" Public Parks and Recreation Medium Density Restricted Commercial III �., Medium DensityP----NE ITN TER Restricted .� mY'uNN mEo Commercial h�60T1-1,ST-`z: I ` j Public 4 Paris and- i ; Recreation NE S9TH - A " "`_ TER ; a1 r Light I- t Restncted�• -c Lg—Industrial ! Medium i Carrimercial 1 I w a Density Multifamily Light Industrial L ' Residential NE S9TH ST Majorinst,Public Facilities,Transp And _,..-�� Dupiexx•�- -,' Residentiali Medium Density Rrstncted E I Duplex Commercial= _ Re'�id`entisf, !' !1 11, Majorinst. Public Facilities, I- Transp And i v-�- KE E5T_H ST- { Duplex -t -Residentlai light Industrial s :I L.i 1 z NE 61RD ST ,,(1i Medium Density I__ L., T Multifamily ' Residential - "-- NE 62h D ST ` i I I N,Restiicted-i 4.Commercial _.,. NE 1ST ST - Public .• r ` - Parks and _ Recreation ' 3r Low Density, __ \-- Muitifamliy�` Medium Density Density Multifamily Residential : j , I i ; Res'tnctei Comr iaf' Single Family Resrdentiai_ [. ! File ID No.4459 Magic City SAP Page 4 of 19 Illustration #2 Proposed PLUM Designation WP"YAfe-� Aiiedi�um l ensi Commercial ja 19t7 t E eixTi� STD Li 1Duplex ' Rederafia I:_, T fli -Medium Density McJitifarillya Reside lial N NE 3RD5T : 0 Z1 1 NE E. TE 62ND ST Mdajorllnst Public r Trans fs'And NE 641H ST e NE al ST ST0'" Duplex ' Res f iidential I S NE EOB'HST ... 1 N'E 67TH ST—' ��F'ublic P, a rk arcd y Recreation 471.77 Public Parks and i R craatio t wi:' 5g'a"Fi in fi�.etdct�'.d s w�,s { Medium Commercial Density Multifamily i1 . ` y --Residential EMILight Indu bial NiaJarinst,l Public 0 Fadillies; ffransp And ' M fpi ems. L Residential edfurn Density Restricted 1 !Duplex C mmeeialNE58TH _1,_1 + TER PubIk Fuci:litiee, Transfs And NE 65 TI Y;_S•l i # • .--; Duptex • i Residential N E 54TH ST ln`clustnal Medium Density' L e�C iti kxr 1 y i Residential': IT estrrcied " Commerclai r. �p�a APublres `*parks` and T 11r8atio[1 Lew•, Density' Multifamily \ r"i:es.itttlential — single ' "-Family k: Residential � nffima xMedium Density Multifamily;-) Residential f estricteamercal Commercial -NE SBTH S7 File ID No, 459 Magic City SAP Page 6. of 19 Illustration #3 Current Zoning Designation The existing Transect Zone classification for the Magic City SAP is designated T5-0 (Urban Center) for four of the SAP's 37 properties and DI (Work Place) for the remaining properties within the site. fstoc L'mon City NE 59�-Yi ER awe fittrel-latt� acS• 3 r Obie"e" a4� ''-*I � Ens ct � � aGinciarines File ID No.4459 Magic City SAP Page 6of19 Illustration #4 Proposed Zoning Designation aL morC'-3/ Lau d3c,r�r: i 4Taidoliieams. D. ANALYSIS The Magic City SAP Regulating Plan governs the internal distribution of the proposed development. It includes open space and .civic spaces and allows the master planning of the Magic City development. The Regulating Plan and Concept Book, supported by the proffered Development Agreement, will provide comprehensive parameters for future development on the site. File ID No.4459 Magic City SAP Page 7 of 19 The following is a review of the request pursuant to the Special Area Plan criteria under Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Purpose: The purpose of a Special Area Plan further is to encourage the assembly and master planning of parcels greater than nine (9) Abutting acres in size, in order to provide greater integration of public and private improvements and Infrastructure; to enable Thoroughfare connectivity; to encourage a variety of Building Heights, massing and Streetscape design, and to provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. Criteria A: "The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan". Analysis: The proposed Magic City Special Area Plan consists of 17.75 acres located across 37 lots Findings: Consistent Criteria B: "A Special Area Plan shall be approved by the process of rezoning with or without Transect Changes." Analysis: The Applicant is proposing rezoning that will result in a Transect c age. This change w11751767s a is a new Zoning ransect titled "Magic CitvJnn iation_District"(MQD). This designation will allow t SAP to establi seri s of mixed -use commercial, rgsidential and entertainment complexes with a� s otlic�ht on local businesses Id f�,1 community networks. The s cate i d i o o - and MCID-2 V and will have similar s andards and re ug _lations to the T6-12 and T6-24 Urban Core Transec Zone Ca[egories i 1. MCID-1 will allow for maximum stones right with additional 8 bonus stories allowed. MCI - _a rnaYi a s o Fes y- F a F io us s ories alto fed. The additional Uses of "Media Prodon Facitif"y7Art Gallery", "Manufacturing -Enabled Retail" and "Flex Space" may be permitted under MCID. The intent of the MCID Transect Zone is to fulfill the project's guiding principles of the SAP, with the overall goal of creating an innovation district and entrepreneurial hub for the City within the SAP area, along with the revitalization of the Little Haiti and Little River neighborhoods. Additionally, a portion of T5-O Urban Center and 131 Light Industrial Transect Zones as established within Miami 21 will remain along the west and east edge of the SAP boundary to provide a transition in building volume and height into the surround low scale abutting neighborhoods. Open Space will also be proposed to ensure programmed open space will be maintained and accessible to the future residents of Magic City and surrounding communities. Findings: All though the proposed MCID Transect Zone attempts to establish a district for innovation and future creative space within a mixed -use commercial and residential framework, depletion of the Di Zoning District is not desirable. Staff finds that there are many similarities with the Di District and future innovation district needs within the City File ID No.4459 Magic City SAP Page 8 of 19 Criteria C: of Miami. Building typologies allowed within Di regulations allow for flexible floor heights and floorplates needed to support creative working spaces, The D1 District provides all allowable uses that support innovation, technology arts and other creative "maker spaces." Work -Live residential density is also permitted under D1 riot to exceed 36 dwelling units per acre. It is recommended that the existing Di District Zoning remain and be expanded upon to allow additional residential density to facilitate the needs of a world -class innovation - oriented campus to support cutting -edge technology, arts and entertainment opportunities. This will also help promote the future proliferation of the D1 District throughout the City as an area for creative working environments. "A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan" Analysis: The Magic City SAP assigns Thoroughfares and Civic space types with appropriate transitions to abutting areas as illustrated in the plans submitted (Concept book sheets 35, 36, 39, and 41). The thcroughfare plan proposes additional private drives and pedestrian pathways to encourage exploration of the SAP, to provide multiple paints of access for future buildings and to ensure greater connectivity and walkability. The site has not yet been replatted and will be subject to subdivision regulations within City Code Chapter 54 and 55 prior to building permit. In addition, design elements such as pavers, street furniture, landscaping, and bicycle and pedestrian infrastructure are provided beyond the limits of the Magic City SAP thus further integrating the abutting areas through said design elements, The Magic City SAP has placed a significant emphasis on the Civic Space Type development which includes five distinct civic spaces. These spaces will not only serve the future residents of the Magic City SAP, but also the general public from the surrounding Little Haiti community. These spaces will also provide opportunities for existing tree specimen retention, protection, and preservation throughout the site. The Applicant has proposed two street modifications within the SAP boundaries. The Applicant has proposed realigning NE 3 Avenue south of NE 59 Terrace and north of NE 61 Street, by dedicating right of way In the middle of two blocks that are longer in the east west direction that the neighborhood average. The Applicant has also proposed realigning NE 4Avenue south of NE 60 Street and north of NE 62 Street by dedicating right of way and acquiring a piece of property owned by the city in exchange. Findings: Consistent. However, to introduce the missing connection in NE 3 Avenue, a City owned parcel zoned CS (Civic Space) will need to convert to right of way. Du_ e to a City policy requiring no net loss of park land (even though this property is only a surface parking lot), the Applicant will need to replace an equivalent amount of CS square footage nearby. The applicant's requested maximum height of the SAP is 25 stories, in MCID-2. This height is limited to the center of the SAP, and any height above 20 stories is only Fite 10 No.4459 Magic City SAP Page 9of19 achievable through the provision of affordable housing, a need identified by the surrounding neighborhood. A majority of the remaining SAP is zoned MCED-1, which has a maximum height of 20 stories, This height is buffered from the neighborhoods to the northeast by a band of D1 that can develop to a maximum height of 10 stories of 151 feet by right. The height is buffered from the neighborhoods to the southeast by a park and building setbacks built into the SAP. The height is buffered from the neighborhoods to the northeast by the Little Haiti Soccer Park and more Di to the north. The height is buffered from the neighborhoods to the southwest by a band of T5 on the western edge of the SAP, the Notre Dame d' Haiti Church, and more Di to the south, Criteria E0: "A Special .Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5" Analysis: The Applicant has submitted a concept book through the SAP submittal process that maps thoroughfares and transect zones, and the concept book and regulating plan both highlight the SAP's deviations from Miami 21, Findings: Consistent Criteria E: f'A Special Area Plan shall assign at least five (5) percent of its aggregated Lot Area to a Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvementswithin the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares" Analysis: The total Magic City SAP area is 773,190 square feet, which results in a requirement of 38,695 square feet of Civic Space, and a requirement of 77,390 square feet of Open Space. The SAP proposes five distinct Civic Spaces., totaling a minimum of 165,528 square feet. While the amount of public Open Space provided is more than deuble the amount required within Miami 21, staff has concerns regarding it accessibility to the public. The Applicant will provide public access to the Promenade daily. Findings: Consistent Criteria F: "Development 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". Analysis: A development agreement between the Applicant and the City of Miami has been submitted in accordance with the above criteria and will be considered by the City Commission. File lD No,4459 Magic City SAP Page 10 of 10 Findings: Consistent Criteria G: "Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, .prior to issuance of the Building Permit". Analysis: Coordinated Review Committee (CRC) is scheduled for July 17, 2018. The Magic City SAP is governed by a set of plans entitled "Magic City Innovation District Special Area Plan Concept Book" as prepared by Arquitectonica and Kimley Horn, consisting of 63 pages dated, stamped, and received by Hearing Boards on June 21, 2018, Findings: Consistent Criteria H: A Special Area Plan may include: 1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary - Grid (B-Grid). Buildings along the A-Grld shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile -oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B-Grid shall not exceed 30-percent of the total length within a Special Area Plan. For Frontages on the B-Grid parking areas may be allowed in the Second Layer. Analysis: A differentiation of the Thoroughfares as a Primary streets and Secondary streets has been submitted as shown on sheet 35 of the plans, The secondary frontages do not exceed 30-percent of the total length within the Magic City SAP, As proposed, secondary frontages are at 30-percent of the total length within the SAP. Findings: Consistent 2. Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than 70-percent glazed In clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer. Analysis: Where retail frontage is provided at sidewalk level this glazing requirement is met. Findings: Consistent 3. Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns, The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within the First Layer may apply towards Open Space requirements. File ID No.4459 Magic City SAP Page 11 of 19 Analysis: The proposed Magic SAP maintains an existing arcade in the DuPuis Medical Office and Drugstore Building and introduces an Arcade -like feature called a Cantilever, which it illustrated in Article 4, Table 6 of the Regulating Plan. Findings: Consistent 4, Build -to -lines that differ from Transect Zone Setback requirement. Analysis: Build -to -lines differ frorrr the Transect Zone setback requirements as depicted in Article 4 Table 2 and Illustrations 5.5 through 5,9 of the Magic City SAP Regulating Plan, Findings: Consistent 5, A Terminated Vista location, requiring that the Building be provided with architectural articulation of a Type and character that responds to the location. Analysis: The SAP has proposed several public art features, and the SAP's central promenade has a western terminating vista on the Notre Dame d' Haiti Church. This is further illustrated on page 40 of the SAP Concept Book, Findings: N/A 6. A Pedestrian Passage, requiring a minimum twenty (20) foot wide pedestrian access be reserved between Buildings. Analysis: Five pedestrian passages are proposed, and the locations are delineated on page 39 of the SAP Concept Book. These passages are intended to increase connectivity between the SAP's central promenade and the surrounding neighborhoods. Findings: Consistent 7. A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan. Analysis: Th•e plan to preserve the DuPuis Medical Office and Drugstore Building was submitted as a part of the SAP application. Findings: Consistent. 8. Area Design Guidelines; Analysis: The Applicant has submitted a Regulating Plan that includes Design Guidelines for the Magic City SAP. Additionally, the Applicant has committed to working with the City's Planning Department and Little Haiti residents to refine the Historic Lemon City/Little Haiti Creole District Design Guidelines. The Guidelines would apply the SAP properties fronting NE 2 Avenue, Findings: Consistent File 1n No.4459 Magic City SAP Page 12 of'19 Analysis: Findings: 9. A parking management program that enables shared parking among public and private Uses. A parking management program that enables shared parking among public and private Uses shall be provided and approved by the Planning Department prior to issuance of a vertical building permit. Consistent, subject to conditions 10. Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. Analysis: The proposed highest intensity zoning designation, MCID-2 (25 story maximum) is concentrated within the center of the site, providing a transition to the second highest intensity zoning designation, MCID-1 (20 story maximum). The MCID-2 transect zone is nearly completely sandwiched between two bands of MCID-1, one on the east and one on the west of the MCID-2 transect zone. The SAP is bounded on the north, south, and partially on the east by D1, which has a 8-story by right height and 10-story maximum height with public benefit, transitioning the entire SAP down in scale from the middle. The southwest corner of the SAP is zoned MCID-1 and abuts T3-L. This portion of the SAP is separated from the T3-L properties by the FEC corridor, and has additional building setbacks built into its form. Findings: Consistent, however staff recommends reducing the by -right height of the MCID-2 transect zone from 20-stories to 12-stories with a public benefit bonus of 13-stories The following is a review of the request pursuant to the criteria under Article 7 and Section 7.1.2.8 of Miami 1, he ndseBackgrouction of this report is hereby incorporated into the analysis an rs corresponding criteria by reference: Criteria 1: "(a) The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. (b) The need and justification for the proposed changes necessary." (a) The proposed amendment is consistent with the proposed underlying Future Land Use Map designation of Restricted Commercial. he U s d ens ies 20_2.910 are rovided for " this FLUM designation. Further analysis of a FLUM change for the AP is provided through the companion item 4458. (b) The SAP is intended to provide a quality, innovation district with a mix of uses including high -density residential, hotel, office, commercial and civic institutional uses. Its scale and a framework of development regulations including podium heights, setbacks, and facade requirements that will insure compatibility with its surroundings. The SAP regulations are intended to emphasize compatibility with the Little Haiti neighborhood. File ID No.4459 Magic City SAP Page 13 of 19 Criteria 2: "A change may be made only to the next intensity Transact Zone or by a Special Area Plan, and in a:manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale". Findings: The proposed highest intensity zoning designation, MCID-2 (25 story maximum with public benefit) is concentrated within the center of the site, providing a transition to the second highest intensity zoning designation, MCID-1 (20 story maximum). The MCID-2 transect zone is positioned between two bands of MCID-1, one on the east and one on the west of the MCID-2 transect zone. The SAP is bounded on the north, south, and partially on the east by D1, which has a 10 story maximum height with public benefit, transitioning the entire SAP dawn in scale from the middle. The southwest corner of the SAP is zoned MCID-1 (20 story maximum) and abuts T3-.. (two-story height maximum). This portion of the SAP is limited in height,separated from the T3-i_ properties by the FEC corridor, and has additional building setbacks built into its form. Planning staff recommends reducing the By -Right height of the proposed MCID-2 transect zone from 20-stories to 12-stories, It is also recommended to maintain the D1 District Zoning while allowing for additional densities and height to facilitate the needs of a world -class innovation -oriented campus to support cutting -edge technology, arts and entertainment opportunities. This will also help promote the future proliferation of the D1 District throughout the City as an area for creative working environments. Criteria 3: "Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.9" See Criteria A - G Finding: in determining the appropriateness of the proposed "Magic City Special Area Plan" (SAP)", the Planning Department reviewed this proposal and found that it maintains rnany of the goals of Miami 21. Staff remains concerned that the proposed Magic City SAP has not established itself true "Innovation District," separating itself from other mixed use commercial developments throughout the City. The Brookings Institute has extensively researched innovation districts and describes them in the fallowing way; Innovation districts facilitate the creation and commercialization of new ideas and support metropolitan economies by growing jobs in ways that leverage their distinct economic attributes. These districts build on and revalue the intrinsic qualities of cities; proximity, density, authenticity, and vibrant places. Given the proximity of many districts to low-income neighborhoods and the large number of sub -baccalaureate jobs many provide, their intentional development can be a tool to help connect disadvantaged populations to employment and educational opportunities. (Brookings institute, 2018) In addition, the depletion of the Di Zoning District is not desirable for the creation of the Transect Zone MCID, Staff finds that there are many similarities with the D1 District and future innovation district needs within the City of Miami. Building typologies allowed Pk ID No,4459 Magic City SAP Page 14of19 within Di regulations allow for flexible floor heights and floorplates needed to support creative working spaces. The D1 District provides all allowable uses that support innovation, technology, arts and other creative "maker spaces" as well as Work -Live opportunities. It is recommended that the existing D1 District Zoning remain and be expanded upon to allow additional residential density to facilitate the needs of a world - class innovation -oriented campus to support cutting -edge technology, arts and entertainment opportunities. This will also help promote the future proliferation of the Di District throughout the City as an area for creative working environments. E. CONCLUSION The Applicant's submitted materials and analysis provided as part of the Magic City Special Area Plan application are consistent with the intent of Miami 21, the Miami Comprehensive Neighborhood Plan, and other relevant city regulations. F. RECOMMENDATION i)es......._______aforementioned Pursuant to Article 3 and Article 7 of Miami 21 (Ordinance 13114), as amended, and the findings, the Piannin e artment recom 'ends Approval with conditions of the Magic City Special Area Plan. G. CONDITIONS Based on analysis and findings, the Planning Department recommends Approval of the "Magic City" SAP with the following conditions: 1) The development shall be substantially in accordance with the plans entitled "Magic City" SAP as prepared by Arquitectonica and Kimley Horn consisting of 63 pages, dated stamped received by Hearing Boards, June 21, 2018. 2) The Applicant, owner, or successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 3) The Applicant shall permit public access to the SAP's Public Open Space 24 hours a day, seven days a week. Closures shall only be permitted through the Temporary Use Permit (TUP) process. 4) The Applicant, owner, or successor will provide a landscape plan prepared by a certified landscape architect to be submitted to the Planning Department for approval. 5) The Applicant shall provide a minimum of 7-percent of their units as Affordable housing units serving residents at or below 60% AMI and 14-percent of their units as Workforce housing units serving residents at or below 120% AMI. 6) The Applicant, owner, or 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. File ID No.4459 Magic City SAP Page 15 of 19 7) The Applicant must comply with all applicable regulation of Chapter 24 entitled "Environmental Regulations" of the Miami Dade County Code as amended. 8) The Applicant, owner, or successor must allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the Magic City SAP security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 9) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating Applicant's coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the SAP, owner responsibility, building development process, and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access, and water supply, 10) Obtain approval or provide a letter of assurance from the Department of Solid Waste, that the SAP has addressed all concerns of the said Department prior to obtaining a building permit. 11) Show compliance with the Minority Participation and Employment Plan (including a Contractor / Subcontractor Participation Plan) which shall be submitted to the City prior to the issuance of any building permit. The Applicant, owner, or successor shall follow the provisions of the City's Minority Woven Business Affairs and Procurement Program as a guide, as applicable. 12) Record the following in the Public Records of Miami -Dade. County, Florida, prior to the issuance of any building permit a) Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all Civic and Open Spaces, and any related improvements located thereon, shall be the responsibility the property owner(s), their successor(s), or their designee inperpetuity; and b) Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of. Title, if applicable, subject to the review and approval of the City Attorney's Office. 13) Provide the Planning Department with a temporary construction plan that addresses construction phasing andincludes the following elements: a. Temporary construction parking plan, with an enforcement policy; b. Construction noise management plan with an enforcement policy; and c. Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity, All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this SAP. Fite to No.4459 Magic City SAP Pogo 16 of 19 14) As applicable, MCD Miami, LLC. and others, as defined in the approved SAP, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request far approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approved no later than two weeks prior to implementation of requested change or modification. 15) Prior to the issuance of any building permit, the Applicant, owner, or successor shall provide the Planning Department for review and approval: a. Environmental Impact Statement and final reports for the lots included in the SAP site. b. Provide a current and complete survey with acreage of all Tots included in the Magic City SAP site. c. Updated Sufficiency Letter from the City of Miami, Office of Transportation. d. Final determination of Public School Concurrency and Capacity Reservation. e. Conservation Assessment Report (project is located within a high Archeological Probability Zone). f Proof of compliance with conditions established by the following department or agencies, specifically: City and County Public Works Departments • Miami -Dade County Water and Sewer • Miami -Dade County Traffic. Engineering Division • Florida Department of Transportation (FDOT) 1 6) The "Magic City SAP" includes a Development Review Process which addresses the build out of the project as identified in the Regulating Plan. All development within this SAP shall be submitted for review and approval by the Planning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9.1 .g, of Miami 21 and the SAP. 17) if the project is to be developed in phases and/or individual specific projects, the Applicant shall submit an interim plan, including a landscape plan developed in compliance with Miami 21, Article 9„ which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director, 18) The Applicant, owner, or successor shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state, and federal regulations. 19) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 20) The Applicant, owner, or successor shall comply with the recommendations of the Urban Development Review Board. 21) Prior to approval at City Commission, the Applicant shall identify an anchor educational institution to partner with as the SAP develops. Fiis ID No 4459 Magic City SAP Page 17 of 19 22) The Applicant shall remove the "Park Impact Fee Credit" language from Section 16 of the SAP's Development Agreement, 23) The By -Right height of MCID-2 shall be limited to 12 stories. 24) A minimum of 20-percent of the proposed Retail Merchandizing Units shall be reserved for new, locally owned startup businesses. 25) Permit the Planning Department an 'opportunity to adequately peer review the SAP's Economic Impact Analysis prior to City Commission Second Reading. 26) The Applicant shall provide more dynamic transportation control measures including, but not limited to, providing transit passes to employees hired through the local hiring requirements of the Development Agreement. 27) The Applicant shall obtain an approved Tentative Plat for the Special Area Plan prior to City Commission second reading. 28) The Applicant shall dedicate a minimum of 9,170 square feet of land to the City in close proximity to the Special Area Plan, to be zoned CS, in satisfaction of the City's no net loss of parkland policy. 29) The Applicant shall obtain a certificate to dig prior to any ground disturbing work. 30) Section 12 of the Development Agreement entitled "Environmental" shall require SAP tree plantings and a maintenance plan to be approved by a City of Miami staff arborist, 31) Section 16 of the Development Agreement titled "Public Benefits" shall be expanded to include classes or workshops on entrepreneurship. 32) Section 16 of the Development Agreement titled "Public Benefits" shall provide fora mechanism to increase the Public Benefit contribution cost per square foot on an annual basis. This increase shall be tied to annual increases in market value of the per square foot price being charged for units in projects within the Little Haiti Neighborhood. 33) The Applicant shall revise their comprehensive plan amendment from a request for Restricted Commercial to a request for General Commercial, which permits additional light industrial uses such as warehousing, distribution and transport related to services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. 34) The Applicant shall propose specific resilience measures that will apply to the SAP. Those measures shall be reviewed by the .City of Miami Office of Resilience prior to City Commission second reading. 35)The Applicant shall address all the inconsistencies of the companion Comprehensive Plan Amendment (File ID 4458) analysis prior to City Commission second reading. File iD No.4459 Magic City SAP Page 18of19 oquaiine Ells hie of Land Fife II) No.4459 Magic City SAP Page 19 of 19 +N 0 250 500 AERIAL FILE ID: 4459 SPECIAL AREA PLAN 1,000 Feet ADDRESSES: 6001 AND 6301, 6350, AND 6380 270, 296, 334, 350, AND 288, 298, 300, 301, 310, 382 NE 61 6041 NE 2 AV, 5952, 5972, 5974, 6300, NE 4 AV, 6200 AND 6210 NE 4 COURT, 370 NE 60 ST, 228, 240, 250, 262, 270, 320, 340, 352, 353, 365, 371, 372,AND ST, 200, 300, 401, AND 415 NE 62 ST NE:66TH ST MIAMI 21 (EXISTING) File ID: 4459 SPECIAL AREA PLAN •••4 64TH:TER 1'7: NE•64TH•ST— L Tfata=zal NE 63RD Z NE,62NEY,ITER-: MINN NE.60TH7ST TS2R • 4-11,,,q4ozis Lemon...city/ Creole' Diffrict Oesign • 1. uldelmes 0 250 500 1,000 Feet NE 65TH iT NE64THT NE 63RD-ST NE-60TFICST.,. ADDRESSES: 6001 AND 6041 NE 2 AV, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NE 4 AV, 6200 AND 6210 NE 4 COURT, 270, 296, 334, 350, AND 370 NE 60 ST, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NE 61 ST, 200, 300, 401, AND 415 NE 62 ST pp k.,„,AVd 0 250 500 MIAMI 21 (EXISTING) File ID: 4459 SPECIAL AREA PLAN ADDRESSES: 6001 AND 6041 NE 2 AV, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NE 4 AV, 6200 AND 6210 NE 4 COURT, 270, 296, 334, 350, AND 370 NE 60 ST, 228, 240, 250, 262, 270, 1,000 Feet 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NE 61 ST, 200, 300, 401, AND 415 NE 62 ST MIAMI 21 (PROPOSED) File ID: 4459 SPECIAL AREA PLAN NE 66THST-------- E.61ST-ST !stone Lemon -City/ NE•59TH-TER liittle- Haitt. Creole ' I 1 „:4117 Distr ct Design > NE 59TH,ST- L.L1 LU 'Tr NE 64TH.ST 11E-6-0T147.ST s- 0 250 500 ADDRESSES: 6001 AND 6041 NE 2 AV, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NE 4 AV, 6200 AND 6210 NE 4 COURT, 270, 296, 334, 350, AND 370 NE 60 ST, 228, 240, 250, 262, 270, 1,000 Feet 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NE 61 ST, 200, 300, 401, AND 415 NE 62 ST