HomeMy WebLinkAboutO-13631City of Miami
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Ordinance: 13631
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00977ap Final Action Date: 9/8/2016
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 ("MIAMI 21 CODE"), AS
AMENDED, APPROVING THE REZONING OF CERTAIN PARCELS FOR THE
DEVELOPMENT OF APPROXIMATELY 23.46 ACRES (1,022,917 SQUARE FEET)
FOR THE MANA WYNWOOD SPECIAL AREA PLAN ("MANA WYNWOOD SAP"), A
MIXED USE DEVELOPMENT COMPRISED OF SELECTED PARCELS, BOUNDED
APPROXIMATELY BY NORTHWEST 24TH STREET TO THE NORTH INCLUDING
SPECIFIC PARCELS FRONTING NORTHWEST 24TH STREET TO THE NORTH,
NORTHWEST 6TH AVENUE TO THE WEST, NORTHWEST 22ND STREET TO THE
SOUTH, AND NORTHWEST 2ND AVENUE TO THE EAST, MIAMI, FLORIDA, AS
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE MANA
WYNWOOD SAP CONSISTS OF A PHASED PROJECT DIVIDED INTO SIX (6)
PARTS WHICH INCLUDES APPROXIMATELY 9,719,083 SQUARE FEET OF
DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 3,482
RESIDENTIAL UNITS; B) APPROXIMATELY 8,483 PARKING SPACES; C)
APPROXIMATELY 51,146 SQUARE FEET OF CIVIC SPACE; AND D)
APPROXIMATELY 168,287 SQUARE FEET OF OPEN SPACE; THE MANA
WYNWOOD SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT
ARE APPLICABLE TO THE SUBJECT PARCELS, WHERE A SECTION IS NOT
SPECIFICALLY MODIFIED, THE REGULATION AND RESTRICTION OF THE MIAMI
21 CODE SHALL APPLY; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE
AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL
NOT EXCEED 9,719,083 SQUARE FEET OF DEVELOPMENT; 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 Mana Wynwood Special Area Plan ("Mana Wynwood SAP") consists of
approximately 23.46 ± acres of selected parcels, as described in Exhibit "A", attached and
incorporated, qualifying as a Special Area Plan ("SAP") as per Article 3, Section 3.9 of the Miami 21
Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the aforementioned location for the proposed Mana Wynwood SAP currently
contains underutilized buildings and vacant lots, and the entire development will consist of
approximately 9,719,083 square feet of development with A) approximately 3,487 residential units; B)
approximately 8,483 parking spaces; C) approximately 51,146 square feet of Civic Space; and D)
approximately 168,287 square feet of open space; and
WHEREAS, the proposed Mana Wynwood SAP will facilitate the redevelopment and benefit the
area by creating residential units, flex space and commercial uses as well as civic and open space for
the enjoyment of the general public; and
City of Miami
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WHEREAS, the requested Mana Wynwood SAP will integrate public improvements and
infrastructure while providing greater flexibility resulting in a higher quality of specialized building and
streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization and
enhancement of the City of Miami ("City") in general, and specifically the Wynwood Neighborhood;
and
WHEREAS, the Mana Wynwood SAP will create certain recurring and non -recurring financial
benefits as well as temporary and permanent jobs; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 2,
2016, following an advertised public hearing, adopted Resolution No PZAB-R-16-013 by a vote of
eleven to zero (11-0), item No. PZAB.1, recommending APPROVAL, with conditions, of the Mana
Wynwood SAP; and
WHEREAS, the City Commission, after careful consideration of the matter, deems it advisable
and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code
as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED 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 Mana Wynwood SAP, attached hereto, is approved subject to the conditions
specified herein, and as amended in the Miami 21 Code.
Section 3. The Mana Wynwood SAP includes lower ranking SAP Permits as set forth in the
Regulating Plan of the SAP, attached hereto as "Exhibit B", which shall be reviewed for approval by
the Department of Planning and Zoning.
Section 4. The findings of fact set forth below are made with respect to the subject Mana
Wynwood SAP:
a. The Mana Wynwood SAP is consistent with the adopted Miami Comprehensive Neighborhood
Plan, as amended ("MCNP");
b. The City Commission further finds that:
(1) The Mana Wynwood SAP will have a favorable impact on the economy of the City;
(2) The Mana Wynwood SAP will efficiently use public transportation facilities;
(3) Any potentially adverse effects of the development will be mitigated through compliance with
the conditions of this Mana Wynwood SAP;
(4) The Mana Wynwood SAP will efficiently use existing public or civic spaces;
(5) The Mana Wynwood SAP will not negatively impact the environment and natural resources of
the City;
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(6) The Mana Wynwood SAP will not adversely affect living conditions in the neighborhood;
(7) The Mana Wynwood SAP will not adversely affect public safety;
(8) Based on the record presented and evidence presented, the public welfare will be served by
the Mana Wynwood 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 Mana Wynwood SAP.
Section 5. The Mana Wynwood SAP, inclusive of the Regulating Plan, attached and incorporated
as Exhibit "B", Concept Book, attached and incorporated as Exhibit "C", and Executive Summary,
attached and incorporated as Exhibit "D", as approved, shall be binding upon the Mana Wynwood
Applicant Entities ("Applicant") and any successors in interest.
Section 6. The application for Mana Wynwood SAP, which was submitted on June 17, 2015, and
on file with the Hearing Boards Section of the Department of Planning and Zoning, shall be relied
upon generally for administrative interpretations and is incorporated by reference.
Section 7. The City Manager is directed to instruct the Director of Planning and Zoning 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 Mana
Wynwood SAP as described herein and in documents incorporated hereto.
Section 9. The Mana Wynwood SAP is granted and approved.
Section 10. In the event that any portion or section of this Ordinance or the Mana Wynwood 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 Mana Wynwood
SAP which shall remain in full force and effect.
Section 11. The provisions for this Mana Wynwood SAP, as approved, shall commence and
become operative thirty (30) days after the final adoption of the Ordinance. {1}
CONDITIONS:
Based on analysis and findings, the Department of Planning and Zoning recommends approval of
the Mana Wynwood SAP with the following conditions which are adopted and approved by the City
Commission:
1) Comply with 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 ("MPD") to conduct a security survey, at MPD's
discretion, and make recommendations concerning security measures and systems; and to submit
a report to the Department of Planning and Zoning, prior to commencement of construction,
demonstrating how the MPD recommendations, if any, have been incorporated into the Mana
Wynwood SAP security and construction plans, or demonstrate to the Director of Planning and
Zoning why such recommendations are impractical.
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3) Obtain approval from, or provide a letter from, the Fire -Rescue Department indicating
Applicant's coordination with members of the Fire Plan Review Section at the Fire -Rescue
Department in the review of the scope of the Mana Wynwood 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 Solid Waste Department
("Solid Waste") that the Mana Wynwood SAP has addressed all the concerns of Solid Waste prior
to obtaining a building permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, 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, subject to the review and approval of the City
Attorney's Office, providing that the ownership, operation, and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association 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 Department of Planning and Zoning and the City Attorney's Office.
7) Prior to the issuance of any building permit, provide the Department of Planning and Zoning
with a recorded copy of the documents mentioned in condition (6) above.
8) Provide the Department of Planning and Zoning with a temporary construction plan that
addresses construction phasing and includes 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 which shall be subject to the review
and approval by the Department of Planning and Zoning 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 Mana Wynwood SAP.
As applicable, the Applicant 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 (2) weeks prior to the
implementation of such a requested change or modification.
(9) Prior to the issuance of any building permit for the Mana Wynwood SAP, the Applicant
shall provide the Department of Planning and Zoning for review for compliance and further
approval:
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a. Sufficiency Letter from the City's Office of Transportation;
b. Final determination of Public School Concurrency and Capacity Reservation;
c. Conservation Assessment Report as portions of the project are located within a High
Archeological Probability Zone; and
d. Proof of compliance with conditions established by the following departments or agencies,
specifically:
i. City Public Works Departments;
ii. Miami -Dade County Water and Sewer Department;
iii. Miami -Dade County Traffic Engineering Division;
iv. Miami -Dade County Transportation and Public Works Department; and
v. Florida Department of Transportation.
10) The Mana Wynwood SAP includes a Development Review Process which addresses the
build out of the individual buildings as identified in the Regulating Plan. All development within the
Mana Wynwood SAP shall be submitted for the review and approval by the Director of Planning
and Zoning prior to the issuance of any building permit consistent with the requirements of Article
3, Section 3.9.1(g) of the Miami 21 Code and the Mana Wynwood SAP.
11) Within ninety (90) days of the effective date of this Ordinance, record a certified copy of
the Development Agreement, in a form acceptable to the City Attorney, specifying that the
Development Agreement runs with the land and is binding on the Applicant, its successors, and
assigns, jointly or severally.
12) The Applicant shall comply with the conditions identified in the Miami 21 Code, the Mana
Wynwood SAP and all applicable local, state, and federal regulations.
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 of the Development Agreement.
CONCLUSIONS OF LAW:
The Mana Wynwood SAP, as approved, complies with the MCNP as amended, is consistent with
the orderly development and goals of the City, and complies with local land development regulations
pursuant to the Miami 21 Code.
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
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