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HomeMy WebLinkAboutCC 12-11-14 Analysis, Maps and PZAB ResoCity of Miami Planning and Zoning Department ANALYSIS FOR AMENDMENT TO A PREVIOUSLY APPROVED SPACIAL AREA PLAN for MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP) FILE ID: 11-01196ap2 APPLICANT: Javier E. Fernandez, Esquire, on behalf of "4201 NE 2nd Ave LLC", "Miami Design District Associates, LLC" Applicant and the City of Miami PROJECT ADDRESS: Approximately 220 NE 43 Street FOLIO NUMBER: 01-3219-009-0070 COMMISION DISTRICT: District 5 NET OFFICE: Little Haiti GENERAL INFORMATION: REQUEST: Considered an amendment to the previously approved Miami Design District Retail Street Special Area Plan, approved pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, by adding 2 additional properties and adjusting the original development program to include additional 80,976 square feet of lot area for a new lot area total of 995,668 square feet or approximately 22.92 acres, located at approximately 220 Northeast 43rd Street. BACKGROUND: This amendment incorporates to the previously approved "Miami Design District Retail Street Special Area Plan (SAP)" two (2) additional properties to be developed in compliance with all applicable regulations imposed by the Appendix F of the Miami 21 Code, as amended, Regulating Plan , and the correspondent Concept Plan . The intent of this Special Area Plan (SAP) lingers as it proposes a mix of commercial, office, residential and lodging uses and associated open and parking areas, with the following modifications: 11-01196ap2 Page 1 of 9 A. Adding approximately 80,976 square feet (1.86 acres) of lot area split among two (2) additional parcels for a total combined lot area of 995,668 square feet: (22.92 acres) split among a total of sixty four (64) parcels; B. Increasing commercial space by approximately 70,000 square feet for a total of 1,444,689 square feet; C. Increasing residential units by approximately 82 units for a total of 643 units; D. Increasing parking spaces by approximately 304 spaces above ground and below grade for a total of 4,056 spaces; E. Increasing civic space by approximately 4,049 square feet for a total of 45,784 square feet; and F. Increasing open space by approximately 5,264 square feet for a total of 46,830 square feet. G. Amending the Zoning Atlas of Ordinance No 13114, by changing the zoning classification of the selected property located at approximately 220 NE 43rd within the previously approved "Miami Design District Retail Street Special Area Plan (SAP)" from "T3-L" Sub -Urban - Limited -Transect Zone and "Cl" Civic Institutional -Transect Zone to "T4-L" General Urban - Limited -Transect Zone and "T5-O" Urban Center - Open - Transect Zone. NEIGHBORHOOD CHARACTERISTICS: Subject Rezone Area Existing Zoning Designation Future Land Use Designation T3-L Sub -Urban Transect Zone Limited Single Family Residential — Max. 9 du/ac CI Civic Institutional Zone Major Institutional, Public Facilities, Transportation and Utilities — Max. 150 du/ac Surrounding Properties Existing Zoning Designation Future Land Use Designation North T3-L Sub -Urban Transect Zone - Limited Single Family Residential - Max. 9 du/ac South T5-0 Urban Center Transect Zone - Open General Commercial - Max. 150 du/ac East T6-8-0 Urban Transect Zone - Limited Restricted Commercial - Max. 150 du/ac 11-01196ap2 Page 2 of 9 West T4-0 Urban Transect Zone - Open Restricted Commercial - Max, 150 du/ac ANALYSIS: The analysis for this proposal, based on the Miami 21 Code, the Zoning Ordinance of City of Miami, is considered an amendment to the previously approved Special Area Plan, approved pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, which allows parcels greater than nine (9) abutting acres in size to be master planned to allow a greater integration of public improvements and infrastructure, and greater flexibility so as to result in higher or specialized quality building and streetscape design: Analysis: The "Miami Design District Retail Street Special Area Plan (SAP)" as amended on October 24, 2013 (Ordinance No. 13414) consists of selected parcels reaching a total of approximately 21.06 acre; within the bounds set by Northeast 43rd Street and Northeast 42nd Street to the north, North Federal Highway and Biscayne Boulevard to the East, Northeast 38th Street to the south, and by Northeast Miami Court and North Miami Avenue to the west, Miami, Florida. Criteria: For rezoning: 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. Finding: In determining the appropriateness of the proposed amendment to the "Miami Design District Retail Street Special Area Plan (SAP)", the Planning Department reviewed this proposal for compliance and coherency with the previously approved Special Area Plan. The "Miami Design District Retail Street Special Area Plan (SAP)" as herein amended is comprised of the properties shown in the following table: Table 1: Miami Design District Retail Street Special Area Plan (SAP): Properties and zoning classification Ppty # Address Folio Number Zoning Classification From To (With SAP provision) 1 90 N E 39th Street 01-3124-029-0130 T612-O T612-O 2 100 N E 39th Street 01-3124-030-0210 T612-O T612-0 2 105 N E 38th Street 01-3124-033-0110 T612-O T612-0 2 3821 NE 1st Avenue 01-3124-033-0090 T612-O T612-0 2 3801 NE 1st Avenue 01-3124-033-0120 T612-0 T612-O 2 3801 NE 1st Avenue 01-3124-033-0100 T612-0 T612-0 11.01196ap2 Paae 3 of 9 3 108 NE 39th Street 01-3124-030-0200 T612-0 T612-0 4 140 N E 39th Street 01-3124-030-0170 T612-O T612-O 5 3821 NE 1st Court 01-3124-033-0010 T612-O T612-O 6 3821 NE 1st Court 01-3124-033-0130 T612-O T612-O 7 180 NE 39th Street 01-3124-030-0100 T612-O T6 12-0 8 3841 NE 2nd Avenue 01-3219-011-0100 T612-0 T612-0 9 3725 Biscayne Blvd 01-3219-045-0010 T612-O T624-0 10 299 NE 38th Street 01-3219-011-0330 T612-0 T624-0 11 92 N E 40th Street 01-3124-027-0270 T612-0 T612-0 12 99 NE 39th Street 01-3124-029-001 0 T612-0 T612-0 13 101 NE 39th Street 01-3124-030-0090 T612-0 T612-0 13 100 NE 40th Street 01-3124-028-0160 T612-0 T612-0 13 108 NE 40th Street 01-3124-028-0150 T612-0 T612-0 14 119 NE 39th Street 01-3124-030-0080 T6 12-0 T6 12-0 15 139 NE 39th Street 01-3124-030-0060 T6 12-0 T612-0 16 163 NE 39th Street 01-3124-030-0050 T612-0 T612-0 17 150 NE 40th Street 01-3124-028-0080 T5-0 T5-0 18 160 NE 40th Street 01-3124-028-0060 T5-0 T5-0 18 154 N E 40th Street 01-3124-028-0070 T5-0 T5-0 19 170 NE 40th Street 01-3124-028-0040 T5-0 T5-0 20 3930 NE 2nd Avenue 01-3124-028-0010 T5-0 1T6-1 2-0 T5-0 IT6-12- 0 21 201 NE 39th Street 01-3219-012-0010 T612-0 T612-0 22 81 N E 40th Street 01-3124-027-0130 T6-8-0 T6-8-0 23 95 NE 40th Street 01-3124-027-0120 T6-8-0 T6-8-0 24 151 N E 40th Street 01-3124-027-0060 T5-0 T5-0 25 155 NE 40th Street 01-3124-027-0040 T5-0 T5-0 26 175 NE 40th Street 01-3124-025-0020 T5-0 T5-0 27 4040 NE 2nd Avenue 01-3124-027-0020 T5-0 T5-0 28 34 NE 41 st Street 01-3124-024-1420 T5-0 T5-0 29 42 NE 41 st Street 01-3124-024-1410 T5-0 T5-0 30 56 NE 41st Street 01-3124-024-1400 T5-0 T5-0 31 60 NE 41 st Street 01-3124-024-1390 T5-0 T5-0 32 80 NE 41 st Street 01-3124-024-1380 T5-0 T5-0 33 84 NE 41 st Street 01-3124-024-1370 T5-0 T5-0 34 90 NE 41 st Street 01-3124-024-1360 T5-0 T5-0 35 140 NE 41 st Street 01-3124-024-1500 T5-0 T5-0 36 144 NE 41 st Street 01-3124-024-1490 T5-0 T5-0 37 150 NE 41 st Street 01-3124-024-1480 T5-0 T5-0 38 158 NE 41 st Street 01-3124-024-1470 T5-0 T5-0 39 53 NE 41 st Street 01-3124-024-1320 T4-0 T4-0 40 61 NE 41 st Street 01-3124-024-1330 T4-0 T4-0 11-01196ap2 Page 4 of 9 41 77 NE 41st Street 01-3124-024-1340 T4-O T4-O 42 115 NE 41st Street 01-3124-024-1150 T5-O T5-O 43 135 NE 41 st Street 01-3124-024-1160 T5-O T5-0 44 150 NE 42nd Street 01-3124-024-1550 T5-O T5-O 45 4100 NE 2nd Ave 01-3124-024-1560 T5-O T5-O 46 4141 NE 2nd Ave 01-3219-009-0010 T5-0 T5-0 47 4200 NE 2nd Ave 01-3124-024-0930 T4-L T4-0 48 4218 NE 2nd Ave 01-3124-024-0940 T4-0 T4-0 49 4240 NE 2nd Ave 01-3124-024-0950 T4-0 T4-0 50 3800 NE 1st Ave 01-3124-033-0240 T6-12-0 T6-12-0 51 35 NE 38th Street 01-3124-033-0370 T6-12-0 T6-12-0 52 3815 NE Miami Court 01-3124-033-0390 T-6-12-0 T-6-12-0 53 50 N E 39 Street 01-3124-029-0150 T-6-12-0 T-6-12-0 54 30 NE 39 Street 01-3124-029-0160 T-6-12-0 T-6-12-0 55 3840 N E Miami Court 01-3124-026-0220 T-6-12-0 T-6-12-0 56 10 NE 39 St/ 3825N Miami Ave 01-3124-029-0170 T-6-12-0 T-6-12-0 57 3850 / 3852 N Miami Ave 01-3124-021-0940 T-6-12-0 T-6-12-0 58 20 NW 39 Street 01-3124-021-0950 T4-L T4-L 59 28 NW 39 Street 01-3124-021-0960 T4-L T4-L 60 3900 N Miami Ave 01-3124-021-0580 T-6-12-0 T-6-12-0 61 , 21 NW 39 Street 01-3124-021-0570 T4-L T4-L 62 4100 NE 1 Ave 01-3124-024-1350 T4-0 T4-0 63 4039 NE 1 Ave 01-3124-024-1540 T5-0 T5-0 64 (1)(2) 220 NE 43 Street • 01-3219-009-0070 Cl/T3-L T4-L/T5-O (1) Parcel pwposed to change the zoning designation (2) Parcels incorporated to the "Miami Design District Retail Street Special Area Plan (SAP)" Table 2: Summary of changes proposed on this first amendment to "Miami Design District Retail Street Special Area Plan (SAP)" Program / Parcel Originally approved Proposed on this amendment Increase/Decrease Provided Aggregate SAP area 917,495 s.f. +80,976 s.f. 998,471 s.f. 21.06 acres +1.86 acres 22.92 acres Commercial Space 1,374,689 s.f. +70,000 s.f. 1,444,689 s.f. Residential Units 561 units +82 units 643 units Hotel Keys 52 N/A 52 Parking Spaces 3,752 +304 4,056 Civic Space 41,735 s.f. +4,049 s.f. 45,784 s.f. Open Space 41,566 s.f. +5,264 s.f. 46,830 s.f. Zoning T3-L / CI T4-L / T5-O FLUM "Single Family Medium 11.01196ap2 Page 5 of 9 Residential" and Density "Major Institutional, Public Facilities, Restricted Commercial Transportation and Utilities" The proposed modification to the zoning classification for the parcel No. 64 (220 NE 43 Street) would require modification to the existing Future Land Use classification. The existing and proposed Future Land Use designations on the subject SAP property area as follows: Existing Future Land Use Proposed Future Land Use • Major Institutional, Public Facilities, Transportation, and Utilities • Medium Density Restricted Commercial • Single Family Residential The existing and proposed Zoning designations on the subject SAP property area as follows: Existing Zoning Designations Proposed Zoning Designations • T3-L (Sub -Urban Transect Zone - Limited) • T4-L (General Urban Transect Zone- Limited) • CI (Civic Institutional Zone) • T5-O (Urban Center Transect Zone - Open) CONCLUSION: The modification proposed includes precisions and clarification to the Regulating Plan and the Conceptual Plan consistent with the intent and purpose of the "Miami Design District Retail Street Special Area Plan (SAP)". The proposed SAP as amended will benefit the area by creating and enhanced program of residential units, commercial uses, as well as civic and open space for the enjoyment of the general public, generating public benefits within the development, resulting in higher or specialized quality building and streetscape design. The SAP as amended keep the intent and concept to provide mixed -use, pedestrian oriented retail areas within an urban development, meeting the Miami 21 development concept in the interaction with the surrounding areas of Miami. 11.01196ap2 Page 6 of 9 This project as amended is deemed critically important to the economic revitalization and enhancement of the Miami Design District area, and consequently a positive impact to the City in general, creating recurring and nonrecurring financial benefits as well as temporary and permanent jobs. Staff finds the proposed SAP amendment is consistent with the goals of the Miami 21 Code and previously approved SAP as the request is compatible with the surrounding zoning district and provides an appropriate zoning transition. RECOMMENDATION: Based on analysis and findings, the Planning Department recommends Approval of the amendment to the previously approved "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 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. 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 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) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City prior to the issuance of any building permit, with the understanding that the Applicant must use its best efforts to follow the provisions of the City's Minority Women Business Affairs and Procurement Program as a guide, as applicable. 6) 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 a) 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 11.01196ap2 Page 7 of 9 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. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning 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 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 revocatiori of this SAP. As applicable, Developer Parties and Retail Developer Party, as defined in the approved 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. 9) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning Department for review and approval: • Updated 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: o City and County Public Works Departments o Miami -Dade County Water and Sewer o Miami -Dade County Traffic Engineering Division o Florida Department of Transportation (FDOT) 10) The "Miami Design District Retail Street 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 Sec. 3.9.1 .g. of Miami 21 and the SAP. 11) 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. 11-01196ap2 Page 8 of 9 12)The applicant shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state and federal regulations. 13) 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. 11.01196ap2 Page 9 of 9 MIAMI 21 ZONING MAP (EXISTING) 1 T3-L T3-O . 1 1 Buena Vista.East. T4-L imuu_M-IM NE 42ND ST T5-O NE 46TH ST Buena Vista Post Office Moore Furniture Building Cl s 0 150 300 600 Feet T4 T6- 12-L ADDRESS: 220 NE 43 ST MIAMI 21 ZONING MAP (PROPOSED) T3-L T3-O j III I��1 Buena Vista.Eas I IT4-L 0 150 NE 42ND ST 300 NE43RDST T4-L T5-O NE'42ND ST 600 Feet I ADDRESS: 220 NE 43 ST u 111111 u NE 41 ST ST NE 40TH ST NE 46TH ST -�- NE 42ND ST M1. Sourca: Es, DigitalGlobe, eoEye 1-cubed, USDA, U . ,a` l+, 0P-t1 h�' N _ AEX Getmapping Aermgnd I8N 05,j sstopo„arid� G:itUset-ommunity� i ! 0 150 300 1 r 1 600 Feet 1 ADDRESS: 220 NE 43 ST City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-01196ap2 Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 FORA TOTAL COMBINED LOT AREA OF 995,668 SQUARE FEET: (22.92 ACRES); B) INCREASING THE COMMERCIAL SPACE BY APPROXIMATELY 70,000 SQUARE FEET FORA TOTAL OF 1,444,689 SQUARE FEET; C) INCREASING THE RESIDENTIAL UNITS BY APPROXIMATELY 82 UNITS FORATOTAL 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 FORA TOTAL OF 45,784 SQUARE FEET; F) INCREASING THE OPEN SPACE BY APPROXIMATELY 5,264 SQUARE FEET FORA 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. LOCATION: Approximately 220 NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier E. Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC and Miami Design District Associates, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID's 11-011961u1 and 11-01196da2. PURPOSE: This will add additional properties and allow the rezoning of certain parcels for the development of approximately 1.86 acres for the "Miami Design District Retail Street Special Area Plan (SAP)" City of Miami Page 1 of 6 File Id: 11-01196av2 (Version: 1) Printed On: 10/30/2014 File Number: 11-01196ap2 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 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: a. The amended SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as amended. City of Miami Page 2 of 6 File Id: 11-01196ao2 (Version: 1) Printed On: 10/30/2014 File Number: 11-01196ap2 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; (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 City of Miami Page 3 of 6 File Id: 11-01196an2 (Version: 1) Printed On: 10/30/2014 File Number: 11-01196ap2 District Retail Street Special Area Plan" to said Ordinance, as follow and incorporating the amended SAP: APPENDIX F: "MIAMI 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") 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 City of Miami Page 4 of 6 File Id: 11-01196an2 (Version: 1) Printed On: 10/30/2014 File Number: 11-01196ap2 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 in full 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: o City and County Public Works Departments o Miami -Dade County Water and Sewer o Miami -Dade County Traffic Engineering Division o Florida Department of Transportation (FDOT); and o 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 City of Miami Page 5 of 6 File Id: 11-01196an2 (Version: 1) Printed On: 10/30/2014 File Number: 11-01196ap2 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: 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. City of Miami Page 6 of 6 File Id: 11-01196ap2 (Version: 1) Printed On: 10/30/2014 EXHIBIT "A" Legal Description All of Block 2 of BRENTWOOD, according to the plat thereof, recorded in plat book 40, at page 66, of the public records of Dade County, FL. Also known as: Lot 5, Block 2 of BRENTWOOD, according to the Plan thereof as recorded in Plat Book 40, at Page 66 of the Public Records of Dade County, Florida and Tract 2 of REVISED PLAT OF TRACT "A" and block 1,2,3,8,9,10,11 and 12 of BRENTWOOD, according to the plat thereof in plat book 44 at page 6 of the Public Records of Dade County, FL.