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Home My WebLink AboutAnalysis, Maps & 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: 11-01196ap3 APPLICANT: Steve J. Wernick, Esquire, on behalf of "Miami Design District Associates, LLC" Applicant" and the City of Miami PROJECT ADDRESS: Approximately 53 and 61 NE 41 Street FOLIO NUMBER: 01-3124-024-1320, 01-3124-024-1330 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 removing 2 properties from the original development program to remove 13,068 square feet of lot area for a new lot area total of 982,600 square feet or approximately 22.62 acres, said parcels are located at approximately 53 and 61 NE 41 Street. BACKGROUND: This amendment incorporates to the previously approved "Miami Design District Retail Street Special Area Plan (SAP)" two (2) removed properties, as amended, Regulating Plan, and the corresponding 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: A. Removing approximately 13,068 square feet (0.30 acres) of lot area split among two (2) 11-01196ap3 Page 1 of 5 parcels for a total combined lot area of 982,600 square feet: (22.62 acres) split among a total of sixty four (62) parcels; 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: Amendment to an SAP: A change may be made only to the next intensity 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-O 2 105 N E 38th Street 01-3124-033-0110 T612-O T612-O 2 3821 NE 1st Avenue 01-3124-033-0090 T612-O T612-O 2 3801 NE 1st Avenue 01-3124-033-0120 T612-O T612-O 2 3801 NE 1st Avenue 01-3124-033-0100 T612-O T612-O 11-01196ap3 Page 2 of 5 3 108 NE 39th Street 01-3124-030-0200 T612-O T612-O 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 T612-0 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 /T6-1 2-0 T5-0 /T6-12- 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 41st Street 01-3124-024-1420 T5-0 T5-0 29 42 NE 41st 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 41st Street 01-3124-024-1390 T5-0 T5-0 32 80 NE 41st Street 01-3124-024-1380 T5-0 T5-0 33 84 NE 41st Street 01-3124-024-1370 T5-0 T5-0 34 90 NE 41st Street 01-3124-024-1360 T5-0 T5-0 35 140 NE 41st Street 01-3124-024-1500 T5-0 T5-0 36 144 NE 41st Street 01-3124-024-1490 T5-0 T5-0 37 150 NE 41st Street 01-3124-024-1480 T5-0 T5-0 38 158 NE 41st Street 01-3124-024-1470 T5-0 T5-0 30) 53 N€ ^1�ot 01 3121 021 1320 T1-0 T1-0 40(1) 61 N€ ^1 et 01 3121 021 1330 T1-0 TI-O 11-01196ap3 Page 3of5 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 41st Street 01-3124-024-1160 T5-O T5-O 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 64 220 NE 43 Street 01-3219-009-0070 Cl/T3-L T4-L/T5-O (1) Parcels removed from the "Miami Design District Retail Street Special Area Plan (SAP)" Table 2: Summary of changes proposed on this third 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. -13,068 s.f. 982,600 s.f. 21.06 acres -0.30 acres 22.62 acres Commercial Space 1,374,689 s.f. N/A N/A Residential Units 561 units N/A N/A Hotel Keys 52 N/A N/A Parking Spaces 3,752 N/A N/A Civic Space 41,735 s.f. N/A N/A Open Space 41,566 s.f. N/A N/A Zoning N/A N/A N/A FLUM N/A N/A N/A 11-01196ap3 Page 4 of 5 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 continue to 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. Staff finds the proposed SAP amendment is consistent with the goals of the Miami 21 Code and previously approved SAP. 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 condition: 1) Within 90 days of the effective date of this Ordinance, record a certified copy of a Request for Release from the Development Agreement associated with this SAP, specifying that the Request for Release form the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 11.01196ap3 Page 5 of 5 MIAMI 21 ZONING NW 44TH ST - T4-L' NW 42ND ST T3-L T5-O NW 40TH ST T4-L1 II 0 150 300 —I i i i I T3-O l T3-L J ST 600 Feet I T6-24-0 NE 44TH ST T3-0 T4-1 J NE 43RD ST NE 42ND ST NE 41 ST ST NE 40TH ST T3-LI T6-24-0 NE 36TH ST T6-3 6A -O 38TH ST NE 39TH ST TTIR I T6-3 6A -L ADDRESSES: SEE EXHIBIT "A" or tie #f id - Source: Esri, Digital USGS,AEX, -et Eye, Earlhatplf Gogo d.,IGN IGP Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-007 File ID 11-01196ap3 January 20, 2016 Item PZAB.6 Mr. Adam Gersten offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL, WITH CONDITIONS (EXHIBIT "1"), OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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)", FOR THE REMOVAL OF PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 STREET; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE AMENDMENT PROPOSES: A) REMOVING APPROXIMATELY 13,086 SQUARE FEET (0.30 ACRES) OF LOT AREA SPLIT AMONG 2 PARCELS FOR A NEW TOTAL COMBINED LOT AREA OF 982,600 SQUARE FEET: (22.56 ACRES); AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Jennifer Barnes the motion passed and was adopted by a vote of 7-2: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz No Mr. Charles A. Garavaglia Yes Mr. Adam Gersten Yes Ms. Maria Beatriz Gutierrez No Dr. Ernest Martin Absent Mr. Daniel Milian Absent Mr. Juvenal Pina Yes Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Yes Mr. David H. Young Absent Franc' o Qarcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 1,9-)J6 Execution Da e Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoni City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. OR AND SU : , CRIBED BEFORE ME THIS /0 DAY OF/4/%%i 2-016. Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath i• and-Appeats-Boarrof the .Stfa Jli'd�r�� GOOo�y K t 1 I' i �A) "11n SIb, :1468 5k KA L��„, re! Aug 6,.201$ °°%%A �r"'L��` I� P.liit:Nstioni) Noljry.,Assn MIAMI PLANNING, ZONING, AND APPEALS BOARD RESOLUTION: PZAB-R-16-007 EXHIBIT "1" 1. The applicant shall provide an amended Development Agreement specifying release of the subject property. 2. The applicant shall continue to work with staff to refine "Shade Feature" definition to include additional details regarding placement location, size, and design review. Exhibit P. Addressee 61 NE 41" ST Miami, FL 33137 63 NE 41" ST Miami, FL 33137 Legal Descriptor Lots 19, 20 and the West 1/2 of Lot 21, Block 8, of BILTMORE, according to the Plat thereof, as recorded In Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. {36761458;1}