HomeMy WebLinkAboutCC 01-08-15 Legislation (v2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01196ap2 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI
21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN
AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL
STREET SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES
LOCATED AT APPROXIMATELY 220 NE 43RD STREET, AS LEGALLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED; THE AMENDMENT PROPOSES: A)
ADDING APPROXIMATELY 80,976 SQUARE FEET (1.86 ACRES) OF LOT AREA SPLIT
AMONG 2 ADDITIONAL PARCELS FOR A TOTAL COMBINED LOT AREA OF 995,668
SQUARE FEET: (22.92 ACRES); B) INCREASING THE COMMERCIAL SPACE BY
APPROXIMATELY 70,000 SQUARE FEET FOR A TOTAL OF 1,444,689 SQUARE FEET;
C) INCREASING THE RESIDENTIAL UNITS BY APPROXIMATELY 82 UNITS FOR A
TOTAL OF 643 UNITS; D) INCREASING THE PARKING SPACES BY APPROXIMATELY
304 SPACES ABOVE GROUND AND BELOW GRADE FOR A TOTAL OF 4,056
SPACES; E) INCREASING THE CIVIC SPACE BY APPROXIMATELY 4,049 SQUARE
FEET FOR A TOTAL OF 45,784 SQUARE FEET; F) INCREASING THE OPEN SPACE
BY APPROXIMATELY 5,264 SQUARE FEET FOR A TOTAL OF 46,830 SQUARE FEET;
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE
ZONING CLASSIFICATION OF THE ABOVE REFERENCED PROPERTIES FROM
"T3-L" SUB -URBAN TRANSECT ZONE LIMITED AND "Cl" CIVIC INSTITUTIONAL
ZONE TO "T4-L" GENERAL URBAN TRANSECT ZONE LIMITED AND "T5-O" URBAN
CENTER TRANSECT ZONE OPEN; THE SQUARE FOOTAGES ABOVE ARE
APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%)
PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the original "Miami Design District Retail Street" is a 19.08 acre Special Area Plan
("SAP") approved on July 26, 2012, (Ordinance No. 13334); pursuant to Article 3 and Article 7 of the Miami
21 Code, the Zoning Ordinance of the City of Miami, Florida, ("Zoning Ordinance"), with current general
boundaries of Northeast 43rd Street to the North, North Federal Highway and Biscayne Boulevard to the
East, Northeast 38th Street to the South, and Notheast Miami Court and North Miami Avenue to the West,
Miami, Florida; and
WHEREAS, the applicant wishes to amend the SAP Regulating Plan and Concept Book by adding
two (2) new properties and adjusting the original development program to include an additional 80,976
square feet of lot area for a new lot area total of 995,668 square feet or approximately 22.92 acres, said
parcels are approximately located at 220 Northeast 43rd Street, Miami, Florida; and
WHEREAS, the proposed amended SAP will facilitate redevelopment and benefit the area by
City of ]Miami
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creating residential units, commercial uses, as well as civic and open space for the enjoyment of the
general public, and
WHEREAS, the amended SAP will integrate public improvements and infrastructure while providing
greater flexibility resulting in higher or specialized quality building and streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization and
enhancement of the City, in general, and specifically, the Miami Design District area; and
WHEREAS, the amended SAP will create certain recurring and nonrecurring financial benefits as
well as temporary and permanent jobs; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance
as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted
by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The amended SAP attached hereto, is approved subject to the conditions specified
herein.
Section 3. The amended SAP includes lower ranking SAP Permits as set forth in the Exhibit "C":
Regulating Plan of the amended SAP which shall be reviewed for approval by Planning and Zoning, as
needed.
Section 4. The findings of fact set forth below are made with respect to the amended SAP:
The amended SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as amended.
b. Development proposed in the amended SAP is expected to cost approximately $46.25
million reaching a total of $489.25 million for the entire SAP, exclusive of land costs and developer fees. A
total of 216 people will be employed at the proposed project, which will stimulate the creation of 140 direct
and induced jobs and will generate approximately $1,351,344 annually in recurring and non -recurring
benefits to the City (2014 dollars). The total SAP will now result in the creation of in excess of 140 FTE (Full
Time Employees) permanent new jobs and will generate approximately $472,556 annually in tax revenues
to the City (2014 dollars).
c. The City Commission further finds that the amended SAP:
(1) Will have a favorable impact on the economy of the City;
(2) Will efficiently use public transportation facilities;
(3) Any potentially adverse effects of the development will be mitigated through compliance with the
conditions of this SAP;
(4) Will efficiently use existing public or civic spaces;
City of Miami
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(5) Will not negatively impact the environment and natural resources of the City;
(6) Will not adversely affect living conditions in the neighborhood;
(7) Will not adversely affect public safety;
(8) Based on the record and the evidence presented, the public welfare will be served by the SAP;
and
(9) Any potentially adverse effects arising from this development, not limited to safety and security,
fire protection, solid waste, heritage conservation and trees, will be mitigated through compliance with the
conditions of this amended SAP.
Section 5. The amended SAP, inclusive of all exhibits, in particular, the Exhibit "C": Amended
Regulating Plan, Exhibit "D": Amended Concept Book, and Exhibit "E": Amended Development Program
Spreadsheet, as approved, shall be binding upon the Applicant and any successors in interest.
Section 6. The amended application for this SAP, which was submitted on July 17, 2014, and on file
with the Planning and Zoning Department, Hearing Boards Section, shall be relied upon generally for
administrative interpretations and is incorporated herein by reference.
Section 7. The City Manager is directed to instruct the Planning Director to transmit a copy of this
Ordinance and attachments to the Applicant upon final approval.
Section 8. The Findings of Fact and Conclusions of Law are made with respect to the SAP as
described in the record, herein, and in documents incorporated hereto.
Section 9. The amended SAP for the "Miami Design District Retail Street" is granted and approved.
Section 10. In the event that any portion or section of this Ordinance or the amended SAP is
determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such
decision shall in no manner affect the remaining portions of this Ordinance or SAP which shall remain in full
force and effect.
Section 11. The provisions for this Ordinance, as approved, shall become effective thirty (30) days
after the final adoption of the Ordinance.
Section 12. The Zoning Ordinance is hereby amended by changing Appendix F: Miami Design
District Retail Street Special Area Plan" to said Ordinance, as follow and incorporating the amended SAP:
AIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" AS AMENDED
Which includes:
Amended Regulating Plan (See Exhibit "C")
Amended Concept Book (See Exhibit "D")
Amended Development Program Spreadsheet (See Exhibit "E")
City of Miami
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CONDITIONS
Based on analysis and findings, the Planning and Zoning Department recommends approval of the
proposed amendment to the "Miami Design District Retail Street" SAP with the following conditions:
1) 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.
2) 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
and Zoning Department, prior to commencement of construction, demonstrating how the Police Department
recommendations, if any, have been incorporated into the amended SAP security and construction plans, or
demonstrate to the Planning Director why such recommendations are impractical.
3) 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 amended 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.
4) Obtain approval from, 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 the obtaining a shell permit.
5) Obtain approval from, or provide a letter of assurance from the Department of Public Works that the
subject property has received final plat approval.
6) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of any
building permit:
7) Record in the Public Records:
a. 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 of the
property owner(s), their successor(s), or their designee in perpetuity; and
b. 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.
8) Prior to the issuance of a shell permit, provide the Planning and Zoning Department with a recorded copy
of the documents mentioned in condition (6) above.
9) Provide the Planning and Zoning Department with a temporary construction plan that addresses
construction phasing and includes the following elements:
Temporary construction parking plan, with an enforcement policy;
Construction noise management plan with an enforcement policy; and
Maintenance plan for the temporary construction site: said plan shall be subject to the review and approval
by the Planning and Zoing Department prior to the issuance of any building permits and shall be enforced
during construction activity. All construction activity shall remain
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all compliance with the provisions of the submitted construction plan. Failure to comply may lead to a
suspension or revocation of this SAP.
As applicable, Developer Parties and Retail Developer Party, as defined in the approved amended Miami
Design District Retail Street SAP, shall be responsible for securing the City's approval for any change or
modification to the approved temporary construction plan. Request for approval of any change or
modification to the previously approved temporary construction plan shall be submitted for review and
approval no later than two weeks prior to implementation of requested change or modification.
10) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning
Department for review and approval:
Sufficiency Letter from the City of Miami, Office of Transportation.
Final determination of Public School Concurrency and Capacity Reservation.
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); and
Other agencies as needed
11) The amended "Miami Design District Retail Street SAP" includes a Development Review Process
which addresses the build out of the individual Buildings as identified in the Regulating Plan. All
development within this SAP shall be submitted for review and approval by the Planning and Zoning
Director prior to the issuance of any building permit consistent with the requirements of Section 3.9.1.(g) of
Miami 21 Code and the SAP.
12) 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.
13) The applicant shall meet the conditions identified in this Ordinance, with the amended SAP and all
applicable local, state and federal regulations.
14) Within 90 days of the effective date of this Ordinance, the Applicant shall record a certified copy of the
Development Agreement associated with this SAP, specifying that the Development Agreement runs with
the land and is binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY OF MIAMI SHALL:
Establish the operative date of the associated Development Agreement as being thirty (30) days from the
date of its final adoption; the final adoption date shall constitute the commencement of the thirty (30) day
period to appeal the provisions of the Development Agreement.
CONCLUSIONS OF LAW:
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The amended "Miami Design District Retail Street (SAP)", as approved, complies with the Miami
Comprehensive Neighborhood Plan as amended, is consistent with the orderly development and goals of
the City of Miami, and complies with local land development regulations pursuant to the Zoning Ordinance,
the Miami 21 Code.
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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