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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 0 U it 1 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 ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 City of Miami Page 2 of 9 File 1D: 4668 (Revision: E) Printed on: 7/22/2019 File ID: 4668 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. City of Miami Page 3 of 9 File ID: 4668 (Revision: E) Printed on: 7/22/2019 File ID: 4668 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 City of Miami Page 4 of 9 File ID: 4668 (Revision: E) Printed on: 7/22/2019 File ID: 4668 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13849 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. City of Miami Page 5 of 9 File ID: 4668 (Revision: E) Printed on: 7122/2019 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 4668 Enactment Number: 13849 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. City of Miami Page 6 of 9 File ID: 4668 (Revision: E) Printed on: 7/22/2019 File ID: 4668 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13849 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: City of Miami Page 7 of 9 File ID: 4668 (Revision: E) Printed on: 7/2212019 File ID: 4668 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. City, of Miami Page 8 of 9 File ID: 4668 (Revision: E) Printed on: 7/22/2019 Fite ID: 4668 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 SUBSTITUTED File 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 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 City of Miami Page 2 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019 File ID: 4668 SUBSTITUTED 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 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 City of Miami Page 3 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019 SUBSTITUTED File ID: 4668 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 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 City of Miami Page 4 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019 SUBSTITUTED File ID: 4668 Enactment Number: 13849 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. City of Miami Page 5 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019 SUBSTITUTED File ID: 4668 Enactment Number: 13849 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. City of Miami Page 6 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019 SUBSTITUTED File ID: 4668 Enactment Number: 13849 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 SUBSTITUTED File ID: 4668 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 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. City of Miami Page 8 of 9 File ID: 4668 (Revision: D) Printed on: 7/19/2019 SUBSTITUTED File ID: 4668 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 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