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City of Miami
Legislation
Ordinance: 13849
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigay.com
File Number: 4668
Final Action Date: 6/27/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO
ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS FOR
THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES (773,326 SQUARE FEET) FOR
THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF PARCELS
LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974,
6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4
COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288,
298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET,
AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; THE SAP
CONSISTS OF A PHASED PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATELY
2,630 RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEET OF TOTAL
DEVELOPMENT FLOOR LOT RATIO ("FLR") OF WHICH 370,000 SQUARE FEET OF FLR MAY
ONLY BE USED FOR PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528
SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MODIFY THE UNDERLYING
TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS
AND WHERE A REGULATION 15 NOT SPECIFICALLY MODIFIED BY THE SAP, THE
REGULATIONS AND RESTRICTIONS OF THE MIAM1 21 CODE WILL APPLY; FURTHER BY
CHANGING THE ZONING CLASSIFICATION OF A PORTION OF THE ABOVE -REFERENCED
PROPERTIES FROM "D1," WORK PLACE ZONE, AND "T5-O," URBAN CORE TRANSECT
ZONE - OPEN, TO "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE
TRANSECT, AND "MC1D-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT,
PURSUANT TO THE REGULATING PLAN AND CONCEPT BOOT{ ATTACHED AND
INCORPORATED HEREIN, PROVIDED THAT THE "MCID-1," MAGIC CITY INNOVATION c `',
DISTRICT URBAN CORE TRANSECT, SHALL HAVE EQUIVALENT STANDARDS AND
CRITERIA AND BE REGULATED THE SAME AS THE "T6-12-0," URBAN CORE TRANSECT4 •
ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP AND THAT THE "MCII'
MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, SHALL HAVE EQUIVALENT
STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE "T6-24-0," URBAN
CORE TRANSECT ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP; '_„
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 properties located at approximately 6001 and 6041 Northeast 2 Avenue,
5952, 5972, 5974, 6300, 6301, 6350, and 6380 Northeast 4 Avenue, 6200 and 6210 Northeast
4 Court, 270, 296, 334, 350, and 370 Northeast 60 Street, 228, 240, 250, 262, 270, 288, 298,
300, 301, 310, 320, 340, 352, 353, 365, 371, 372, and 382 Northeast 61 Street, and 200, 300,
401, and 415 Northeast 62 Street, Miami, Florida ("Properties") are currently zoned "T5-0,"
Urban Center Open, and "D1," Work Place, on the Zoning Atlas of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, MCD Miami, LLC, a Delaware limited liability company, and co -applicants
as listed in Exhibit "D", attached and incorporated (collectively, "Applicant"), have submitted a
request to rezone the Properties through the process described in Article 3, Section 3.9 of the
Miami 21 Code, titled "Special Area Plans'; and
City of Miami
Pagel of 9 Pile ID: 4668 (Revision: E) Printed On: 7/22/2019
4668 - Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO
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Fite ID: 4668
Enactment Number: 13849
WHEREAS, the Applicant, through the Magic City Innovation District Special Area Plan
("Magic City SAP"), proposes to rezone a portion of the Properties to "MCID-1 " Magic City
innovation District Urban Core Transect, and "MCID-2," Magic City Innovation District Urban
Core Transect; and
WHEREAS, the proposed "MCID-1," Magic City Innovation District Urban Core Transect,
shall have the equivalent standards and criteria and be regulated the same as the ' T6--12-0,
Urban Core Transect — Open, except as otherwise modified by the Magic City SAP and the
proposed "MCID-2," Magic City innovation District Urban Core Transect, shall have the
equivalent standards and criteria and be regulated the same as the "T6-24-0," Urban Core
Transect — Open, except as otherwise modified by the Magic City SAP; and
WHEREAS, the western portion of 6001 Northeast 2 Avenue and the entirety of 6041
Northeast 2 Avenue, 228 Northeast 61 Street, and 200 Northeast 62 Street are subject to the
Historic Lemon City/Little Haiti Creole District Design Guidelines; and
WHEREAS, the Magic City SAP consists of approximately 17.75 acres of land, as more
particularly described in Exhibit "A," attached and incorporated; and
WHEREAS, the Magic City SAP is located in the eastern portion of the Little Haiti
neighborhood; and
WHEREAS, bounding the Magic City SAP on the northwest is the Little Haiti Soccer
Park, on the east is the Florida East Coast railroad and Palm Grove neighborhood, and on the
south is additional industrial space and the Little Haiti Cultural Complex; and
WHEREAS, the Properties contain mostly light industrial uses, a former trailer park site,
and the historic DuPuis Medical Office and Drugstore Building; and
WHEREAS, the Magic City SAP regulating plan proposes a regulatory framework that
would produce a minimum of 165,528 square feet of civic space and 8,164,140 square feet of
development consisting of:
a. A theoretical development program providing 2,630 residential dwelling units;
2,208,540 square feet of office space; 520,970 square feet of commercial space;
201,600 square feet of hotel space; 119,610 square feet of exposition space;
6,081 parking spaces; or a combination thereof that may be updated; and
b. An additional 370,000 square feet that may only be utilized for additional surplus
parking as needed; and
WHEREAS, the Magic City SAP will facilitate the development of a mixed -use innovation
district comprised of the aforementioned uses; and
WHEREAS, the Magic City SAP will integrate public improvements and infrastructure
while providing greater flexibility resulting in a higher quality and specialized building and
streetscape design; and
WHEREAS, projects such as the Magic City SAP are important to the economic
revitalization and enhancement of the City of Miami ("City"), in general, and specifically the Little
Haiti area; and
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File ID: 4668
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Enactment Number: 13849
WHEREAS, the Magic City SAP will create certain recurring and non -recurring financial
benefits as well as temporary and permanent jobs; and
WHEREAS, the Applicant has submitted a proposed Regulating Plan and Concept
Book, attached and incorporated as Exhibits "B" and "C," respectively, which have been
reviewed by the Planning Department; and
WHEREAS, the Planning Department recommends approval, with conditions, of the
Magic City SAP including the Regulating Plan and Concept Book, attached and incorporated as
Exhibits "B' and "C," respectively; and
WHEREAS, the Planning Department recommends the following conditions as part of
the Magic City SAP:
a. The development shall be substantially in accordance with the plans titled Magic
City SAP as prepared by Arquitectonica and Kimley Horn consisting of sixty-three
(63) pages, date stamped received by Hearing Boards on June 21, 2018, as
updated, which are attached hereto as Exhibit "C".
b. The Applicant, owner, or successor shall comply with the requirements of all
applicable departments/agencies as part of the City's building perrnit submittal
process.
c. The Applicant shall permit public access to the Magic City SAP's Public Open
Space 24 hours a day, seven (7) days a week. Closures shall only be permitted
through the Temporary Use Permit ("TUP") process delineated in Chapter 82 of
the Code of the City of Miami, Florida, as amended.
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.
e. The Applicant, owner, or successor shall provide a minimum of seven percent
(7%) of its units as Affordable housing units serving residents at or below sixty
percent (60%) area median income ("AMI") and fourteen percent (14%) of its
units as Workforce housing units serving residents at or below one hundred
twenty percent (120%) AMI.
f. The Applicant, owner, or successor must meet all applicable building codes, land
development regulations, ordinances, and all other laws and pay all applicable
fees due prior to the issuance of any building permit including a phased permit.
The Applicant, owner, or successor must comply with all applicable regulations of
Chapter 24 of the Miami -Dade County Code, as amended, titled "Environmental
Regulations".
h. The Applicant, owner, or successor must allow the Police Department ("MPD") to
conduct a security survey, at the MPD's sole discretion, to make
recommendations concerning security measures and systems. The Applicant
shall further submit a report to the Planning Department, prior to commencement
of any construction, demonstrating how the MPD's recommendations, if any,
have been incorporated into the Magic City SAP's security and construction
g.
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Enactment Number: 13849
j•
plans or demonstrate to the Planning Director why such recommendations are
impractical.
The Applicant, owner, or successor shall obtain approval or provide a letter from
the Department of Fire -Rescue ("Fire") indicating the Applicant's coordination
with members of the Fire Plan Review Section in the review of the scope of the
Magic City 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.
The Applicant, owner, or successor shall obtain approval or provide a letter of
assurance from the Department of Solid Waste that the Magic City SAP has
addressed all concerns of said Department prior to obtaining a building permit
including a phased permit.
k. The Applicant, owner, or successor shall 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 including a phased permit. The Applicant, owner, or
successor shall follow the provisions of the City's Minority Women Business
Affairs and Procurement Program as a guide, as applicable.
The Applicant, owner, or successor shall record the following in the Public
Records of Miami -Dade County, Florida prior to the issuance of any building
permit including a phased permit:
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 in perpetuity; and
ii. 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.
m. The Applicant, owner, or successor shall provide the Planning Department with a
temporary construction plan that addresses construction phasing and includes
the following elements:
i. Temporary construction parking plan with an enforcement policy;
ii. Construction noise management plan with an enforcement policy; and
n. 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 permit(s), including phased permits, and shall be enforced during all
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 of the Magic City SAP until such construction plan(s) is complied
with.
o. As applicable, the Applicant, owner, or successor and others, as defined in the
Magic City SAP, shall be responsible for securing the City's approval for any
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P.
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 approved no later than two
(2) weeks prior to implementation of a requested change or modification.
Prior to the issuance of any building permit including a phased permit, the
Applicant, owner, or successor shall provide the Planning Department for review
and approval:
Environmental Impact Statement and final reports for the lots included in
the Magic City SAP site.
ii. Current and complete survey with acreage of all lots included in the Magic
City SAP site.
Updated Sufficiency Letter from the Office of Capital Improvements.
iv. Final determination of Public School Concurrency and Capacity
Reservation.
v. Conservation Assessment Report (Project is located within a high
Archeological Probability Zone).
vi, Proof of compliance with conditions established by the following
departments or agencies:
•
•
•
•
City's Department of Resilience and Public Works;
Miami -Dade County ("County") Transportation and Public Works
Department;
County Water and Sewer Department;
County Traffic Engineering Division;
Florida Department of Transportation ("FDOT")
The Magic City SAP includes a Development Review Process, which addresses
the build out of the project as identified in the Regulating Plan, attached and
incorporated. A!I development within the Magic City SAP shall be submitted for
review and approval by the Planning Director prior to the issuance of any building
permit, including phased permits, consistent with the requirements of Section
3.9.1.g. of the Miami 21 Code and the Magic City SAP.
r. 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 Article 9 of the Miami 21 Code that 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.
s. The Applicant, owner, or successor shall meet conditions identified in this
Ordinance with the Magic City SAP and all applicable local, state, and federal
regulations.
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t. Within ninety (90) days of the effective date of this Ordinance, the Applicant,
owner, or successor shall 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.
u. The Applicant, owner, or successor shall comply with the recommendations of
the Urban Development Review Board ("UDRB").
v. Prior to approval at City Commission, the Applicant shall identify an anchor
educational institution to partner with as the Magic City SAP develops.
w. The Applicant shall remove the "Park Impact Fee Credit" language from Section
16 of the Development Agreement.
x. The By -Right height of "MCID-2," Magic City Innovation District-2, shall be limited
to twelve (12) stories.
y. A minimum of twenty percent (20%) of the proposed Retail Merchandising Units
shall be reserved for new, locally owned startup businesses.
z. The Applicant, owner, or successor shall permit the Planning Department an
opportunity to adequately peer review the Magic City SAP's Economic Impact
Analysis prior to Second Reading at the City Commission.
aa. The Applicant, owner, or successor 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.
bb. The Applicant, owner, or successor shall obtain an approved Tentative Plat for
the Magic City SAP prior to Second Reading at the City Commission.
cc. The Applicant, owner, or successor shall dedicate a minimum of 9,170 square
feet of land to the City in close proximity to the Magic City SAP to be zoned 'CS,"
Civic Space, in satisfaction of the City's no net loss of parkland policy.
dd. The Applicant, owner, or successor shall obtain a certificate to dig prior to any
ground disturbing work.
ee. Section 12 of the Development Agreement, titled "Environmental", shall require
tree plantings and a maintenance plan to be approved by a City arborist.
Section 16 of the Development Agreement, titled "Public Benefits", shall be
expanded to include classes or workshops on entrepreneurship.
Section 16 of the Development Agreement, titled "Public Benefits", shall provide
for a 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.
gg.
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hh. The Applicant shall revise the proposed 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;
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.
ii The Applicant, owner, or successor shall propose specific resilience measures
that will apply to the Magic City SAP. Those measures shall be reviewed by the
Department of Resilience and Public Works prior to Second Reading at the City
Commission.
The Applicant, owner, or successor shall address all inconsistencies of the
companion Comprehensive Plan Amendment (File ID 4458) analysis prior to
Second Reading at the City Commission; and
WHEREAS, the evolution of the Magic City SAP's Development Agreement through the
public hearing process may address the aforementioned conditions; and
WHEREAS, the Applicant voluntarily proffered an additional condition to limit the Magic
City SAP to two (2) Retail Specialty Centers, which would limit the number of By Right alcohol
licenses to ten (10) total; and
WHEREAS, the Magic City SAP will initially be permitted to have only three (3) alcohol
Licenses and may increase the amount of alcohol licenses by one (1) each year until the total
maximum of ten (10) alcohol licenses are reached; and
WHEREAS, only one (1) alcohol license shall be used for an alcohol service
establishment to be open until 5:00 a.m.; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on July 18, 2018,
following an advertised public hearing, adopted Resolution No. PZAB-R-18-037 by a vote of
seven to two (7 - 2), Item No. PZAB.13, recommending approval with conditions of the Magic
City SAP; and
WHEREAS, the City Commission has considered the relationship of the Magic City SAP
to the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the
Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the Magic
City SAP, including changed or changing conditions that make the passage of the Magic City
SAP necessary; and
WHEREAS, the Magic City SAP maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHERAS, after careful consideration, the City Commission deems it advisable and in
the best interest of the general welfare of the City and its residents to approve with conditions
the Magic City SAP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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Enactment Number: 13849
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 Zoning Atlas of the Miami 21 Code is further amended to reflect the
adoption of the Magic City SAP by changing the zoning classification of a portion of the
Properties from "T5-O," Urban Center Transect Zone — Open, and "D1," Work Place, to "MCID-
1," Magic City Innovation District — Urban Core Zone, and "MCID-2," Magic City Innovation
District - Urban Core Zone, for the Properties as more particularly described in Exhibit "A",
attached and incorporated, and as set forth in the Magic City SAP materials.
Section 3. The Magic City SAP, including the Regulating Plan, attached and
incorporated as Exhibit "B", and the Concept Book, attached and incorporated as Exhibit "C"
are approved subject to the conditions specified herein in this Ordinance and the Miami 21
Code.
Section 4. The City Commission makes the following findings of fact:
a. The Magic City SAP is consistent with the Miami Comprehensive Neighborhood
Plan, as amended:
b. The Magic City SAP conforms to the requirements of the Miami 21 Code;
c. The Magic City SAP will have a favorable impact on the economy of the City;
d. The Magic City SAP will efficiently use public transportation facilities;
e. Any potentially adverse effects of the development will be mitigated through
compliance with the conditions of the Magic City SAP as stated herein;
f. The Magic City SAP will efficiently use existing public and civic spaces;
g. The Magic City SAP will not negatively impact the environment or any natural
resources of the City;
h. The Magic City SAP will not adversely affect living conditions in the
neighborhood;
The Magic City SAP will not adversely affect public safety; and
j. The public welfare will be served by the Magic City SAP.
Section 5. The Regulating Plan and Concept Book for the Magic City SAP, attached and
incorporated as Exhibit "B" and Exhibit "C," respectively, and which were submitted to the
Hearing Boards Section of the Planning Department on June 21, 2018, as updated, shall be
relied upon generally for administrative interpretations.
Section 6. The conditions as recommended by the Planning Department and stated
herein in this Ordinance are incorporated and adopted as conditions of the City Commission
with the exceptions of condition #5 related to the provision of Affordable and Workforce housing,
which is replaced by the Applicant providing thirty-one million dollars ($31,000,000.00) as more
specifically described in the Development Agreement and condition #32 related to an annual
increase for contributions to Public Benefits in the Development Agreement.
Section 7. The condition proffered by the Applicant limiting the Magic City SAP to two
(2) Retail Specialty Centers, which would limit the number of By Right alcohol licenses to ten
(10) total with the Magic City SAP initially permitted to have three (3) alcohol licenses which
may increase by one (1) alcohol license each year until the total maximum of ten (10) alcohol
licenses are reached, and only one (1) alcohol license to be used for an alcohol service
establishment to be open until 5:00 a.m., is incorporated and adopted as an additional condition
of the City Commission.
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Fite ID: 4668
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Enactment Number: 13849
Section 8. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 9. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 10. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
Statutes, and Section 163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
Bamaby L. Min, Deputy City Attorney 3/19/2019 Barnaby L. Min, Deputy City Attorney 6/18/2019
de z, City ttor
7/22/2019
1 This Ordinance shall become effective as specifed 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.
City of Miami Page 9 of 9 File SD: 4668 (Revision: E) Printed on: 7122/2019
SUBSTITUTED
TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE T
AND WHERE A REGULATION IS NOT SPECIFICALLY MOD
REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 C
CHANGING THE ZONING CLASSIFICATION OF A PORT
PROPERTIES FROM "D1," WORK PLACE ZONE, AN
ZONE - OPEN, TO "MCID-1," MAGIC CITY INNOVAT
TRANSECT, AND "MCID-2," MAGIC CITY INNOVA
PURSUANT TO THE REGULATING PLAN AND
INCORPORATED HEREIN, PROVIDED THAT
DISTRICT URBAN CORE TRANSECT, SHAL
CRITERIA AND BE REGULATED THE SA
ZONE - OPEN, EXCEPT AS OTHERWIS
MAGIC CITY INNOVATION DISTRICT
STANDARDS AND CRITERIA AND B
CORE TRANSECT ZONE - OPEN,
MAKING FINDINGS OF FACT AN
BINDING EFFECT; CONTAININ
EFFECTIVE DATE.
WHEREAS, th
5952, 5972, 5974, 6
4 Court, 270, 296
300, 301, 310,
401, and 415
Urban Cent
Zoning Or
City of Miami
Legislation
Ordinance: 13849
File Number: 4668
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/27 /019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT T
ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY F
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS F
THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES (773,326 SQUARE FEET) F
THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF PARCELS
LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5. 2, 5974,
6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHE • .T 4
COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, .2, 270, 288,
298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST • STREET,
AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, • : MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORP• • • TED; THE SAP
CONSISTS OF A PHASED PROJECT WHICH INCLUDES A MAXIMUM • APPROXIMATELY
2,630 RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEE ' OF TOTAL
DEVELOPMENT FLOOR LOT RATIO ("FLR") OF WHICH 370,000 Se RARE FEET OF FLR MAY
ONLY BE USED FOR PARKING; THE SAP SHALL CONTAIN A MI MUM OF 165,528•
SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MOD Y THE UNDERLYING
THE SUBJECT PARCEL'.,
ED BY THE SAP, THE -<_2
DE WILL APPLY; FURTHER BS;"
N OF THE ABOVE-REFERENC
D 5-0," URBAN CORE TRANSECTr-=.
N DISTRICT URBAN CORE
r
ON DISTRICT URBAN CORE TRANSECT,
NCEPT BOOK ATTACHED AND
E "MCID-1," MAGIC CITY INNOVATION
AVE EQUIVALENT STANDARDS AND
AS THE "T6-12-0," URBAN CORE TRANSECT
ODIFIED BY THE SAP AND THAT THE "MCID-2,"
BAN CORE TRANSECT, SHALL HAVE EQUIVALENT
EGULATED THE SAME AS THE "T6-24-0," URBAN
CEPT AS OTHERWISE MODIFIED BY THE SAP;
STATING CONCLUSIONS OF LAW; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
properties located at approximately 6001 and 6041 Northeast 2 Avenue,
0, 6301, 6350, and 6380 Northeast 4 Avenue, 6200 and 6210 Northeast
34, 350, and 370 Northeast 60 Street, 228, 240, 250, 262, 270, 288, 298,
0, 340, 352, 353, 365, 371, 372, and 382 Northeast 61 Street, and 200, 300,
ortheast 62 Street, Miami, Florida ("Properties") are currently zoned "T5-O,"
- Open, and "D1," Work Place, on the Zoning Atlas of Ordinance No. 13114, the
finance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
HEREAS, MCD Miami, LLC, a Delaware limited liability company, and co -applicants
as li ed in Exhibit "D", attached and incorporated (collectively, "Applicant"), have submitted a
re► est to rezone the Properties through the process described in Article 3, Section 3.9 of the
iami 21 Code, titled "Special Area Plans"; and
City of Miami Page 1 of 9 File ID: 4668 (Revision: D) Printed On: 7/19/2019
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WHEREAS, the Applicant, through the Magic City Innovation District Special Area Plan
("Magic City SAP"), proposes to rezone a portion of the Properties to "MCID-1," Magic City
Innovation District Urban Core Transect, and "MCID-2," Magic City Innovation District Urban
Core Transect; and
WHEREAS, the proposed "MCID-1," Magic City Innovation District Urban Core T-nsect,
shall have the equivalent standards and criteria and be regulated the same as the "T6 2-0,"
Urban Core Transect — Open, except as otherwise modified by the Magic City SAP d the
proposed "MCID-2," Magic City Innovation District Urban Core Transect, shall hav the
equivalent standards and criteria and be regulated the same as the "T6-24-0," an Core
Transect — Open, except as otherwise modified by the Magic City SAP; and
WHEREAS, the western portion of 6001 Northeast 2 Avenue and t► entirety of 6041
Northeast 2 Avenue, 228 Northeast 61 Street, and 200 Northeast 62 Str: t are subject to the
Historic Lemon City/Little Haiti Creole District Design Guidelines; and
WHEREAS, the Magic City SAP consists of approximately .75 acres of land, as more
particularly described in Exhibit "A," attached and incorporated; - d
WHEREAS, the Magic City SAP is located in the eas rn portion of the Little Haiti
neighborhood; and
WHEREAS, bounding the Magic City SAP on
Park, on the east is the Florida East Coast railroad a
south is additional industrial space and the Little H
t - northwest is the Little Haiti Soccer
Palm Grove neighborhood, and on the
i Cultural Complex; and
WHEREAS, the Properties contain mo light industrial uses, a former trailer park site,
and the historic DuPuis Medical Office and D- gstore Building; and
WHEREAS, the Magic City SAP r gulating plan proposes a regulatory framework that
would produce a minimum of 165,528 uare feet of civic space and 8,164,140 square feet of
development consisting of:
a. A theoretical devel
2,208,540 squar
201,600 squar
6,081 parkin
b. An additio
parking
ment program providing 2,630 residential dwelling units;
eet of office space; 520,970 square feet of commercial space;
eet of hotel space; 119,610 square feet of exposition space;
paces; or a combination thereof that may be updated; and
1370,000 square feet that may only be utilized for additional surplus
needed; and
WHEREAS, e Magic City SAP will facilitate the development of a mixed -use innovation
district comprise
f the aforementioned uses; and
WHE AS, the Magic City SAP will integrate public improvements and infrastructure
while provi•' g greater flexibility resulting in a higher quality and specialized building and
streetsca• - design; and
HEREAS, projects such as the Magic City SAP are important to the economic
rev i :lization and enhancement of the City of Miami ("City"), in general, and specifically the Little
H. ti area; and
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WHEREAS, the Magic City SAP will create certain recurring and non -recurring financial
benefits as well as temporary and permanent jobs; and
WHEREAS, the Applicant has submitted a proposed Regulating Plan and Concept
Book, attached and incorporated as Exhibits "B" and "C," respectively, which have been
reviewed by the Planning Department; and
WHEREAS, the Planning Department recommends approval, with conditions, of e
Magic City SAP including the Regulating Plan and Concept Book, attached and incorporated as
Exhibits "B" and "C," respectively; and
WHEREAS, the Planning Department recommends the following conditi
the Magic City SAP:
s as part of
a. The development shall be substantially in accordance with e plans titled Magic
City SAP as prepared by Arquitectonica and Kimley Hor consisting of sixty-three
(63) pages, date stamped received by Hearing Boards .n June 21, 2018, as
updated, which are attached hereto as Exhibit "C".
b. The Applicant, owner, or successor shall comply ith the requirements of all
applicable departments/agencies as part of th_ ity's building permit submittal
process.
c. The Applicant shall permit public access o the Magic City SAP's Public Open
Space 24 hours a day, seven (7) days : week. Closures shall only be permitted
through the Temporary Use Permit UP") process delineated in Chapter 62 of
the Code of the City of Miami, Flor :a, as amended.
d. The Applicant, owner, or succ sor will provide a landscape plan prepared by a
certified landscape architect . be submitted to the Planning Department for
approval.
e. The Applicant, owner, .r successor shall provide a minimum of seven percent
(7%) of its units as ordable housing units serving residents at or below sixty
percent (60%) are median income ("AMI") and fourteen percent (14%) of its
units as Workfor e housing units serving residents at or below one hundred
twenty percen 120%) AMI.
f. The Appli
develop
fees
g•
nt, owner, or successor must meet all applicable building codes, land
ent regulations, ordinances, and all other laws and pay all applicable
e prior to the issuance of any building permit including a phased permit.
T - Applicant, owner, or successor must comply with all applicable regulations of
hapter 24 of the Miami -Dade County Code, as amended, titled "Environmental
Regulations".
The Applicant, owner, or successor must allow the Police Department ("MPD") to
conduct a security survey, at the MPD's sole discretion, to make
recommendations concerning security measures and systems. The Applicant
shall further submit a report to the Planning Department, prior to commencement
of any construction, demonstrating how the MPD's recommendations, if any,
have been incorporated into the Magic City SAP's security and construction
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j.
plans or demonstrate to the Planning Director why such recommendations are
impractical.
The Applicant, owner, or successor shall obtain approval or provide a letter fro
the Department of Fire -Rescue ("Fire") indicating the Applicant's coordination
with members of the Fire Plan Review Section in the review of the scope of e
Magic City SAP, owner responsibility, building development process, and -view
procedures as well as specific requirements for fire protection and life s. '-ty
systems, exiting, vehicular access, and water supply.
The Applicant, owner, or successor shall obtain approval or provid- a letter of
assurance from the Department of Solid Waste that the Magic C SAP has
addressed all concerns of said Department prior to obtaining ..uilding permit
including a phased permit.
k. The Applicant, owner, or successor shall show complian' - with the Minority
Participation and Employment Plan (including a Contr. tor/Subcontractor
Participation Plan), which shall be submitted to the y prior to the issuance of
any building permit including a phased permit. The pplicant, owner, or
successor shall follow the provisions of the City' inority Women Business
Affairs and Procurement Program as a guide, - applicable.
The Applicant, owner, or successor shall r: ord the following in the Public
Records of Miami -Dade County, Florida % for to the issuance of any building
permit including a phased permit:
i. Declaration of Covenants . , d Restrictions providing that the ownership,
operation, and maintena e of all Civic and Open Spaces and any related
improvements located ereon shall be the responsibility the property
owner(s), their succe- or(s), or their designee in perpetuity; and
ii. Unity of Title or . ' ovenant in Lieu of a Unity of Title, if applicable,
subject to the view and approval of the City Attorney's Office.
m. The Applicant, ow r, or successor shall provide the Planning Department with a
temporary construction plan that addresses construction phasing and includes
the following elments:
i. T
orary construction parking plan with an enforcement policy;
ii. onstruction noise management plan with an enforcement policy; and
n. Ma. tenance plan for the temporary construction site. Said plan shall be subject
t. he review and approval by the Planning Department prior to the issuance of
ny building permit(s), including phased permits, and shall be enforced during all
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 of the Magic City SAP until such construction plan(s) is complied
with.
o. As applicable, the Applicant, owner, or successor and others, as defined in the
Magic City SAP, shall be responsible for securing the City's approval for any
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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 approved no later than two
(2) weeks prior to implementation of a requested change or modification.
p. Prior to the issuance of any building permit including a phased permit, the
Applicant, owner, or successor shall provide the Planning Department for r iew
and approval:
q.
i. Environmental Impact Statement and final reports for the lots i ' cluded in
the Magic City SAP site.
ii. Current and complete survey with acreage of all lots inc ded in the Magic
City SAP site.
iii. Updated Sufficiency Letter from the Office of Capi :I Improvements.
iv. Final determination of Public School Concurre cy and Capacity
Reservation.
v. Conservation Assessment Report (Proj- t is located within a high
Archeological Probability Zone).
vi. Proof of compliance with conditio . established by the following
departments or agencies:
•
•
•
•
•
City's Department of esilience and Public Works;
Miami -Dade Coun / ("County") Transportation and Public Works
Department;
County Water nd Sewer Department;
County Trait Engineering Division;
Florida De%artment of Transportation ("FDOT").
The Magic City SAP cludes a Development Review Process, which addresses
the build out of the project as identified in the Regulating Plan, attached and
incorporated. All • -velopment within the Magic City SAP shall be submitted for
review and app •val by the Planning Director prior to the issuance of any building
permit, inclu.' g phased permits, consistent with the requirements of Section
3.9.1.g. of e Miami 21 Code and the Magic City SAP.
r. If the p .ject is to be developed in phases and/or individual specific projects, the
Applicant shall submit an interim plan including a landscape plan developed in
co ' .liance with Article 9 of the Miami 21 Code that addresses design details for
t - land occupying future phases of this Project. In the event that the future
hases are not developed, said plan shall include a proposed timetable and shall
be subject to review and approval by the Planning Director.
The Applicant, owner, or successor shall meet conditions identified in this
Ordinance with the Magic City SAP and all applicable local, state, and federal
regulations.
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t. Within ninety (90) days of the effective date of this Ordinance, the Applicant,
owner, or successor shall 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.
u. The Applicant, owner, or successor shall comply with the recommendation
the Urban Development Review Board ("UDRB").
v. Prior to approval at City Commission, the Applicant shall identify an a
educational institution to partner with as the Magic City SAP develo
w. The Applicant shall remove the "Park Impact Fee Credit" langu
16 of the Development Agreement.
chor
e from Section
x. The By -Right height of "MCID-2," Magic City Innovation D..trict-2, shall be limited
to twelve (12) stories.
y. A minimum of twenty percent (20%) of the propose • etail Merchandising Units
shall be reserved for new, locally owned startup b sinesses.
z. The Applicant, owner, or successor shall per ► the Planning Department an
opportunity to adequately peer review the gic City SAP's Economic Impact
Analysis prior to Second Reading at the y Commission.
aa. The Applicant, owner, or successor s cll provide more dynamic transportation
control measures including, but not ited to, providing transit passes to
employees hired through the loca iring requirements of the Development
Agreement.
bb. The Applicant, owner, or su► essor shall obtain an approved Tentative Plat for
the Magic City SAP prior . Second Reading at the City Commission.
cc. The Applicant, owner •r successor shall dedicate a minimum of 9,170 square
feet of land to the C in close proximity to the Magic City SAP to be zoned "CS,"
Civic Space, in sa sfaction of the City's no net Toss of parkland policy.
dd. The Applicant owner, or successor shall obtain a certificate to dig prior to any
ground dist sing work.
ee. Section of the Development Agreement, titled "Environmental", shall require
tree p ; ntings and a maintenance plan to be approved by a City arborist.
ff. So tion 16 of the Development Agreement, titled "Public Benefits", shall be
panded to include classes or workshops on entrepreneurship.
gg Section 16 of the Development Agreement, titled "Public Benefits", shall provide
for a 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.
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hh. The Applicant shall revise the proposed 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;
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.
ii. The Applicant, owner, or successor shall propose specific resilience me
that will apply to the Magic City SAP. Those measures shall be review
Department of Resilience and Public Works prior to Second Readin. of
Commission.
ures
by the
the City
The Applicant, owner, or successor shall address all inconsist- cies of the
companion Comprehensive Plan Amendment (File ID 4458) - alysis prior to
Second Reading at the City Commission; and
WHEREAS, the evolution of the Magic City SAP's Developme
public hearing process may address the aforementioned conditions.
Agreement through the
nd
WHEREAS, the Applicant voluntarily proffered an additial condition to limit the Magic
City SAP to two (2) Retail Specialty Centers, which would limi he number of By Right alcohol
licenses to ten (10) total; and
WHEREAS, the Magic City SAP will initially be prmitted to have only three (3) alcohol
licenses and may increase the amount of alcohol lice .es by one (1) each year until the total
maximum of ten (10) alcohol licenses are reached; , d
WHEREAS, only one (1) alcohol license all be used for an alcohol service
establishment to be open until 5:00 a.m.; and
WHEREAS, the Planning, Zoning
following an advertised public hearing,
seven to two (7 - 2), Item No. PZAB.1
City SAP; and
d Appeals Board at its meeting on July 18, 2018,
opted Resolution No. PZAB-R-18-037 by a vote of
recommending approval with conditions of the Magic
WHEREAS, the City Co ' ission has considered the relationship of the Magic City SAP
to the goals, objectives, and p► cies of the Miami Neighborhood Comprehensive Plan, the
Miami 21 Code, and other C. regulations; and
WHEREAS, the ' Ity Commission has considered the need and justification for the Magic
City SAP, including ch . ged or changing conditions that make the passage of the Magic City
SAP necessary; an
WHERE , the Magic City SAP maintains the goals of the Miami 21 Code to preserve
neighborhood and provide transitions in intensity and building height; and
W RAS, after careful consideration, the City Commission deems it advisable and in
the best ' terest of the general welfare of the City and its residents to approve with conditions
the M.. is City SAP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
AMI, FLORIDA:
City of Miami Page 7 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019
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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 Zoning Atlas of the Miami 21 Code is further amended to reflect the
adoption of the Magic City SAP by changing the zoning classification of a portion of the
Properties from "T5-O," Urban Center Transect Zone — Open, and "D1," Work Place, to CID-
1," Magic City Innovation District — Urban Core Zone, and "MCID-2," Magic City Innov. ion
District - Urban Core Zone, for the Properties as more particularly described in Exhi
attached and incorporated, and as set forth in the Magic City SAP materials.
Section 3. The Magic City SAP, including the Regulating Plan, attache
incorporated as Exhibit "B", and the Concept Book, attached and incorporat
are approved subject to the conditions specified herein in this Ordinance a
Code.
J.
f.
g.
and
as Exhibit "C",
d the Miami 21
Section 4. The City Commission makes the following findings .f fact:
a. The Magic City SAP is consistent with the Miami
Plan, as amended;
b. The Magic City SAP conforms to the requirem- is of the Miami 21 Code;
c. The Magic City SAP will have a favorable i act on the economy of the City;
d. The Magic City SAP will efficiently use pu. c transportation facilities;
e. Any potentially adverse effects of the de opment will be mitigated through
compliance with the conditions of the .gic City SAP as stated herein;
The Magic City SAP will efficiently u - existing public and civic spaces;
The Magic City SAP will not negati -ly impact the environment or any natural
resources of the City;
h. The Magic City SAP will
neighborhood;
The Magic City SAP will
The public welfare will b
mprehensive Neighborhood
not a. ersely affect living conditions in the
n. adversely affect public safety; and
erved by the Magic City SAP.
Section 5. The Regulating P . n and Concept Book for the Magic City SAP, attached and
incorporated as Exhibit "B" and E ibit "C," respectively, and which were submitted to the
Hearing Boards Section of the P nning Department on June 21, 2018, as updated, shall be
relied upon generally for admi strative interpretations.
Section 6. The co : itions as recommended by the Planning Department and stated
herein in this Ordinance re incorporated and adopted as conditions of the City Commission
with the exceptions of ' ondition #5 related to the provision of Affordable and Workforce housing,
which is replaced by e Applicant providing thirty-one million dollars ($31,000,000.00) as more
specifically descri• d in the Development Agreement and condition #32 related to an annual
increase for con •utions to Public Benefits in the Development Agreement.
Sect' • 7. The condition proffered by the Applicant limiting the Magic City SAP to two
(2) Retail .ecialty Centers, which would limit the number of By Right alcohol licenses to ten
(10) tota ith the Magic City SAP initially permitted to have three (3) alcohol licenses which
may in ease by one (1) alcohol license each year until the total maximum of ten (10) alcohol
licen s are reached, and only one (1) alcohol license to be used for an alcohol service
es ..lishment to be open until 5:00 a.m., is incorporated and adopted as an additional condition
o he City Commission.
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Section 8. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 9. If any section, part of a section, paragraph, clause, phrase, or word of is
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be a ' ected.
Section 10. This Ordinance may not become effective until thirty-one (31) .:ys after
second reading and adoption thereof pursuant and subject to Section 163.3187, ' orida
Statutes, and Section 163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 3/19/2019 Bar by L. Min, Deputy City Attorney 6/18/2019
' If e Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
f-.m the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
mmediately upon override of the veto by the City Commission.
City of Miami Page 9 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019