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Home My WebLink AboutAnalysisCity of Miami Planning Department This su battle needs tole scheduled fora outgo hearing In accordancep tlmetines set forth In the City of Tha WPM Cede. The applicable decision -making body will reureerthe Infirmation at the Oak hearing to render a recommentlaton or a final decleon. PZ-23-16091 08/31/23 ANALYSIS FOR A FIFTH AMENDMENT TO THE PREVIOUSLY APPROVED MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDD SAP) Staff Analysis Report No. PZ-23-16091 Applicant Iris Escarra, on behalf of Miami Design District Associates (Del.) LLC, and affiliated entities (RFD NORTH 39 LLC; RFD NORTH 40 LLC; RFD SOUTH 40 LLC; Norwegian Wood Acquisitions, LLC; Oak Plaza Associates (Del.) LLC; Jungle Plaza, LLC; 4200 Associates, LLC; Paradise Plaza Associates, LLC; Half -Circle Property (Del.) LLC; Lovely Rita Acquisitions, LLC; Uptown Girl Development, LLC; Sun King, LLC; Dacra Design 4141 LLC; MDDA Morning Dew, LLC; Tiny Dancer Acquisitions, LLC; MDDA Glass Onion, LLC; MDDA Acquisitions, LLC and 3801 NMA LLC. Location Spans portions of fifteen (15) city blocks containing properties generally bounded by Northeast 43rd Street and Northeast 42nd Street to the North, North Federal Highway and Biscayne Boulevard to the East, Northeast 38th Street to the South, and by NE Miami Court and North Miami Avenue to the West, Miami, Florida. Transect T4-L; T4-O;T5-O; T6-8-O; T6-12-0 MCNP Designation "Medium Density Restricted Commercial", "Restricted Commercial", and "General Commercial" Commission District District 5 — Christine King Department of Human Service Neighborhood Service Center Wynwood/Edgewater Planner Andrea Sandoval, Planner II Project Representative Iris Escarra, on behalf of Miami Design District Associates A. REQUEST Pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, Miami Design District Associates (Del.) LLC and its affiliated entities, RFD NORTH 39 LLC; RFD NORTH 40 LLC; RFD SOUTH 40 LLC; Norwegian Wood Acquisitions, LLC; Oak Plaza Associates (Del.) LLC; Jungle Plaza, LLC; 4200 Associates, LLC; Paradise Plaza Associates, LLC; Half -Circle Property (Del.) LLC; Lovely Rita Acquisitions, LLC; Uptown Girl Development, LLC; Sun King, LLC; Dacra Design 4141 LLC; MDDA Morning Dew, LLC; Tiny Dancer Acquisitions, LLC; MDDA Glass Onion, LLC; MDDA Acquisitions, LLC and 3801 NMA LLC (collectively, "Applicant") are requesting an amendment to the previously approved Staff Analysis Report No. (PZ-23-16091) — page 1 Page 1 of 17 0 PUeLr Miami Design District Retail Street Special Area Plan(MDD SAP). The proposed include: 1. The applicant wishes to amend the SAP Regulating Plan and Concept Book by addin (6) new properties and adjusting the original development SAP boundary to include an additional 127,805 square feet (2.934 acres), for a total combined area of 1,110,387 sf (25.491 acres); additional properties located at approximately 3995 N Miami AV, 21 NE 39 ST, 35 NE 40 ST, 27 NW 39 ST, 3819 N Miami Av, and 3801 N Miami Av, Miami, Florida as legally described in Exhibit "C." NOTICE This submittal needs tole scheduled bra public hearing In accordance wp applicable set forth In the City of Marra Code. The applie decision -making body will review Me IWon/labor at the public hearing to render a recommendab on or a final declYon. • R 2. The amended MDD SAP will change the underlying zoning classification from "T5-O" Urban Center Zone Open to "T6-8-O" Urban Core Zone Open of a selected property located at 3995 N Miami AV, as legally described in Exhibit "D": with no necessary amendments to the Future Land Use Map. 3. The current amendment proposes text modifications to amend the Regulating Plan to include revised versions of certain recently adopted Miami-21 provisions relating to frontages, floorplates, height, loading, and landscaping; providing clarifications of existing terms and consolidating illustrations and figures for readability; establishing certain new definitions and frontage types, and amending provisions relating to SAP permit issuance; allowing consolidation of vehicular entrances, allowing Civic Space and Porte Cocheres on frontages with certain design requirements, clarifying parking and loading requirements, allowing for additional height in the top story within the permitted maximum, adjusting provisions for rooftop elements, revising building height calculations within permitted maximum, and allowing pedestrian bridges over a right-of-way subject to Public Works review; and updating the Concept Book pursuant to the Regulating Plan amendments. B. PROJECT DATA RELATED APPROVALS Date Action 07/26/2012 Special Area Plan for Miami Design District Retail Street 10/24/2013 Amendment to MDD Retail Street SAP to add additional properties 3/12/2015 2nd Amendment to MDD Retail Street SAP to add an additional property 4/28/2016 3rd Amendment to MDD Retail Street SAP to remove properties from boundaries 5/27/2021 4th Amendment to MDD Retail Street SAP to allow for FLR and Density transfer Staff Analysis Report No. (PZ-23-16091) — page 2 PZ-23-16091 08/31/23 v� IEW CC:" �� Page 2 of 17 PUBL/r C. BACKGROUND This request constitutes an amendment to the MDD SAP originally approved purs Ordinance No. 13334 on July 26, 2012. Establishment: pursuant to Ordinance No. 13334, adopted on July 26, 2012, the City Commission approved the original Miami Design District Retail Street ("MDD")Special Area Plan ("SAP"),pursuant to Article 3 and Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"). Amendment No 1: Pursuant to Ordinance No. 13414, adopted on October 24, 2013, the City Commission amended the MDD SAP (Amendment #1) by adding twelve (12) new properties and adjusting the original development program to include an additional 86,263 square feet of lot area for a new lot area total of 917,495 square feet, or approximately 21.06 acres, pursuant to Article 3 and Article 7 of the Miami 21 Code. NOTICE This su!merge needs tole scheduled bra pubic hearing In accordance fareapplicable set forth In the City of -flue Miami Code. e applie decision -making body will Helmut, Infirmabon at the public hearing to render a recommendab on or a final declYon. Amendment No 2: Pursuant to Ordinance No. 13505, adopted on March 12, 2015, the City Commission further amended the MDD SAP (Amendment #2) to add two (2) new properties and adjust the development program to include an additional 80,976 square feet of lot area for a new lot area total of 995,668 square feet, or approximately 22.86 acres, pursuant to Article 3 and Article 7 of the Miami 21 Code. Amendment No 3: Pursuant to Ordinance No. 13603, adopted on April 28, 2016, the City Commission further amended the MDD SAP (Amendment #3) to remove two (2) existing properties and adjust the original development program to remove approximately 13,068 square feet of lot area for a new lot area total of 982,600 square feet, or approximately 22.56 acres, pursuant to Article 3 and Article 7 of the Miami 21 Code. Amendment No 4: pursuant to Ordinance No. 14001, adopted on May 27, 2021, the City Commission further amended the MDD SAP (Amendment #4) to update the MDD SAP entities to reflect ownership changes and proposed updates to the Regulating Plan, pursuant to Article 3 and Article 7 of the Miami 21 Code. Staff Analysis Report No. (PZ-23-16091) — Page 3 PZ-23-16091 08/31/23 v� IEW CC�� Page 3 of 17 PUBL/r Illustration 1: SAP Development Area --NE40E1ST- T1 71-1JTTT _21 j r------= I I I I I I I —_a LOCI WES 4 —ice- — 7'w,-4 FST=---__ NH o9a7 1-1 Ir 1 V T, 1 �s J 3 NE 40th ST T-r BLOCK 2 WEST C 1.1fik1.lu liatt r BLOCK WEST A —1IFfl - -1 L1_L1 4ti _- I Figure 1: Miami Design District Retail Street SAP Boundary D. PROPOSED CHANGES 1 1 NE 3 • lllll4j ST eaii BLOCK 5 EAST 1 031101 2II"M1.REalw ,',� M1 3 K2 T 0 Q. NOTICE This su!merge needs tole scheduled bra pubic hearing In accordance fare LI matinee set forth In the City of Miami Code. The applicable decision -making body will Helmuth, Infirmabon at the public hearing to render a recommendab on or a final oecluon. 1. The applicant wishes to amend the MDD SAP Regulating Plan and Concept Book by adding six (6) new properties and adjusting the original development MDD SAP boundary to include an additional 127,805 square feet (2.934 acres), for a total combined area of 1,110,387 sf (25.491 acres); additional properties located at approximately 3995 N Miami AV, 21 NE 39 ST, 35 NE 40 ST, 27 NW 39 ST, 3819 N Miami Av, and 3801 N Miami Av, Miami, Florida as legally described in Exhibit "C." 2. The amended MDD SAP will change the underlying zoning classification from "T5-O"Urban Center Zone Open to "T6-8-O"Urban Core Zone Open of a selected property located at 3995 N Miami AV, as legally described in Exhibit "D":with no necessary amendments to the Future Land Use Map. 3. The amended MDD SAP, including the amended Regulating Plan, attached, and incorporated as Exhibit "A", and the amended Concept Book, attached and incorporated as Exhibit "B." Staff Analysis Report No. (PZ-23-16091) — page 4 PZ-23-16091 08/31/23 C�i IEW C Page 4 of 17 Illustration 2: Added Properties Aerial NOTICE This su breed. needs to he scheduled bra pubic hearing In accordance wp LI matinee set forth In the City of Ward Code The applicable decision -making body will revewMe Infirmabon at the public hearing to render a recommendab on or a final dedvon. Ak'!Is fVE`_9TF�ST IN _ l � EV3BTH ST��r rJ Staff Analysis Report No. (PZ-23-16091) — Page 5 PZ-23-16091 08/31/23 Page 5 of 17 U 0 PUBL/r Ilustration 3: Added Properties Miami 21 Atlas (Existing) T3-L 1,m _ NE I. 11111 lam NE 4I ST ST .„„.. 11 mijr ■ L NE aeTN$T T5-O I T6-12.0 Illustration 4: Added Properties Miami 21 Atlas (Proposed) T30 0S illir'" CI i_T4,0_ NWOUST S IIE dINT 6T )/ ,J.A T3-L �/� / /78L0 Iw aoTrl ST i NE or isl T4-L r �6-S0, j�II! Aitg / T6-12-0 ��A , !t Mi� D�sian oS eetSs�i� APA A [si.etail S�e:bSRp ; o'51 // r l T6-12-0 %/I 4 d d1195r �� A! ii i. sJtas . NOTICE This su Wert. needs to be scheduled bra public hearing In accordance volemetrestlset forth In the City of Miami Cork The Hooka tte decision-mahing body will reNewthe Infirmaton at the public hearing to render a recommendatlon or a final declYon. Staff Analysis Report No. (PZ-23-16091) — page 6 PZ-23-16091 08/31/23 thi"\14' IEW CC:" Page 6 of 17 PURL/r 0 Q. E. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) Existing Designation The proposed amendment to the MDD SAP does not include changes to the MCNP Exi Designation. Illustration 5: SAP FLUM Designations (Existing and Proposed) Miami Design District Retail Street Special Area Plan NOTICE This su bourne needs tole scheduled bra public hearing In accordance wp d applicable tlmellnset forth In the City of Miami Cede. The applie decision -making body will realewMe Interne -has at the public hearing to render a recommendab on or a final declYon. Existing and Proposed Future Land Use Map 1 Duple Residential a1, sl Miami Design District Retail Street SAP boundary Cased on the 2011 design by Cagey Plater-2.ybork & Company DUAev PLATER-Zvexwc & COMPArV Miami 21 Code The Appendix F: Miami Design District Retail Street Special Area Plan Regulating Plan and Concept Book govern all development within the previously approved MDD SAP. The Regulating Plan and Concept Book, supported by the required Development Agreement, provide regulations and design standards for future development throughout the district. AMENDMENT 10.04.13 p x 07.21.14 THIPD AMENDMENT 04.28.2016 Fare AMENDMENT 05.09.2023 Zoning Overlay The request is consistent with development standards of overlay. The amended SAP will change the underlying zoning classification from "T5-O"Urban Center Zone Open to "T6-8- 0" Urban Core Zone Open of a selected property located at 3995 N Miami AV, as legally described in Exhibit "D"; with no necessary amendments to the Future Land Use Map. Staff Analysis Report No. (PZ-23-16091) — Page 7 PZ-23-16091 08/31/23 v� IEW CC�� Z t1 Page 7 of 17 49 PUB(/ 0 ,ly. Illustration 6: SAP Zoning Designations (Existing) 1 T3- 4-1 �I I IGIRDismir I� SD-27.2 T3{ risltiz+nl T624-0 I I'T4 rserr -27.1 I ��3 G�12-d T8-124_ f. m Tr, Existing Zoning Illustration 7: SAP Zoning Designations (Proposed) T4-4 T3-0I tea Tba rtE 4ZAes1—' -rift l-4 i ' Yie, w nZkVP L' t 13 0 T3-L 6-121 JY 5a37.2 Te as4 X!%%r 41.7 047.1 I `1 1 I re - Proposed Zoning SAP Boundary area e, 3 0 <e ESA for SAP properties Staff Analysis Report No. (,. NOTICE This er b ndal needs to he scheduled bra public hearing in accordance yob timelines set tor[b Tithe City of Miami Code. The applicable decision -making body will renewbe Inromboon at the pubic hearing to render a recommendation or a final ded9on. PZ-23-16091 1:0: /31/23 / 44, REVIEW G0� — Page 8 Page 8 of 17 PURL/r 0 Q. The following is a review of the request pursuant to the Special Area Plan criteria under 3, Section3.9 and Section3.9.1 and Article 7, Section7.1.2.8 of the Miami 21 Code. Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: NOTICE This su!merge needs tole scheduled fora pubic bearing In accordance fare tl orthnes set forth In the City of Ward Code -flued applicable body will Helmut, Irdo nation at the public bearing to render a recommendab on or a final declYon. Section 3.9.1. Criteria A: "The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan. For the purposes of applying for a rezoning to a Special Area Plan, the term Abutting shall not include properties separated by the Florida East Coast Railway Corridor or separated across a street or alley with an actual or zoned width of seventy (70) feet or greater as set by Chapter 54, Article V of the City Code.". • Analysis: The MDD SAP was adopted by rezoning pursuant to Ordinance No. 13334, which the Commission approved on July 26, 2012. From its inception, the MDD SAP has included Abutting properties across the Florida East Coast Railway Corridor. The underlined language above, including the provision stating that "the term Abutting shall not include properties separated by the Florida East Coast Railway Corridor' was adopted on September 23, 2021, and therefore is not applicable to the MDD SAP. The applicant wishes to amend the MDD SAP Regulating Plan and Concept Book by adding six (6) new properties and adjusting the original development MDD SAP boundary to include an additional 127,805 square feet (2.934 acres), for a total combined area of 1,110,387 sf (25.491 acres); additional properties located at approximately 3995 N Miami AV, 21 NE 39 ST, 35 NE 40 ST, 27 NW 39 ST, 3819 N Miami Av, and 3801 N Miami Av, Miami, Florida as legally described in Exhibit "C." • Finding: Consistent Criteria B: "A Special Area Plan shall be approved by the process of rezoning with or without Transect changes. Properties designated as "T3"— Sub -Urban Transect Zone shall not be considered for a Special Area Plan.". • Analysis: The MDD SAP includes properties with "T-4" General Urban Zone, "T-5" Urban Center Zone, and "T-6"Urban Core Zone transect designations. The amended SAP will change the underlying zoning classification from "T5-O"Urban Center Zone Open to "T6-8-O" Urban Core Zone Open of a selected property located at 3995 N Miami AV, as legally described in Exhibit "D";with no necessary amendments to the Future Land Use Map • Finding: Consistent Criteria C: "A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan". Staff Analysis Report No. (PZ-23-16091) — Page 9 PZ-23-16091 08/31/23 v� IEW CC�� Page 9 of 17 U 0 PUBL/r • Analysis: The proposed amendments to the MDD SAP include change designation of Transect Zones, addition of Civic Space, and all existing Throu remain unchanged. The MDD SAP Concept Book assigns Thoroughfares, Spaces, and Transect Zones that will continue to regulate the site's developm Additionally, streetscape elements such as landscaping, art, and pedestrian infrastructure, have been identified throughout the Concept Book, ensuring a cohesive design unifying the district while transitioning efficiently into the surrounding areas. The new Civic Space or Open Space areas for the proposed added properties to the MDD SAP are in Concept Book sheet A1.9. Consistent with previous versions of the MDD SAP, the proposed regulations maintain public realm improvements and appropriate transitions. • Finding: Consistent Criteria D: "A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5". • Analysis: The Applicant has submitted a Concept Book through the SAP amendment process that maps Thoroughfares and Transect Zones. The Concept Book and Regulating Plan both highlight the MDD SAP's deviations from Miami 21. • Finding: Consistent Criteria E: "A Special Area Plan shall assign at least five (5) percent of its aggregated Lot Area to a Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvements within the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares". • Analysis: The amended total MDD SAP area is approximately 1,110,387 sf (25.491 acres), which results in requirement of 55,536 square feet of Civic Space. The MDD SAP amendment proposes additional Open Space or Civic Space for the proposed added properties. Additionally, Page A1.9 of the Concept Book identifies potential Open and Civic Space locations. • Finding: Consistent Criteria F: "Development within the Special Area Plan shall be pursuant to a recorded development agreement that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits". • Analysis: A new Development Agreement (Draft) between RFD NORTH 39 LLC; RFD NORTH 40 LLC; RFD SOUTH 40 LLC and the City of Miami has been submitted in accordance with the above criteria and will be considered by the City Commission. In addition, an update to the existing development agreement between the remaining Applicant parties and the City of Miami has been submitted in accordance with the above criteria and will be considered by the City Commission. Staff Analysis Report No. (PZ-23-16091) — page 10 NOTICE This submittal needs tole scheduled bra public hearing Inaccord arse withapplicableLImethset forth In the City of Th Miami Code. e applicable decision -making body will 'indictable Intormatios at the public hearing to render a recommendat on or a final decision. PZ-23-16091 08/31/23 v� IEW CC�� Page 10 of 17 PURL/r • Finding: Consistent Criteria G: "Unless a Building is specifically approved as part of the Special Area Pla Building shall be reviewed by the Planning Director, after referral to and recommendation fr the CRC for conformance to the Plan, prior to issuance of the Building Permit". • Analysis: No building is specifically approved as part of this MDD SAP amendment. • Finding: Consistent NOTICE This su breed. needs to he scheduled bra pubic hearing In accordance wp LI matinee set forth In the City of Ward Code The applicable decision -making body will revewMe Infirmahon at the public hearing to render a recommendab on or a final dedvon. Criteria H: A Special Area Plan may include: 1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary - Grid (B-Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile -oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B-Grid shall not exceed 30-percent of the total length within a Special Area Plan. For Frontages on the B-Grid, parking areas may be allowed in the Second Layer. Analysis: The MDD SAP will continue to use Concept Book Sheet "A2.1 Proposed Frontages" to identify differentiations of the Thoroughfares between Principal SAP and Retail Frontage, Secondary SAP Frontage, and Pedestrian Passage Frontage. The "Principal SAP and Retail Frontage" designated frontages will support pedestrian connectivity by introducing a quality streetscape design, pedestrian amenities, and street trees. The "Pedestrian Passage Frontage" functions as a civic space in the center of the district. The amendment does not propose changes to the existing Frontages designations. Findings: Consistent 2. Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than 70-percent glazed in clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer. Analysis: Article 5 of the MDD SAP Regulating Plan identifies requirements for Facades on Retail Frontages. The MDD SAP regulations require facades to be detailed as storefronts with decorative facade treatments, art, and/or green walls. In addition, the Regulating Plan identifies minimum transparency requirements for ground level of Retail Frontages. Findings: Consistent Staff Analysis Report No. (PZ-23-16091) — page 11 PZ-23-16091 08/31/23 v� IEW CC�� Page 11 of 17 3. Gallery or Arcade Frontage, requiring that a Building provide a permanent c the sidewalk, either cantilevered or supported by columns. The Gallery or Frontage may be combined with a Retail Frontage as shown in Article 4, Ta Gallery or Arcade Frontage within the First Layer may apply towards Open Sp requirements. NOTICE This subent. needs to he scheduled fora petal. bearing In accordance p tl mewlitro® set forth In the City of NUM r Code. Tha e pplie decision -making body will eyiewihe Infirm Aon at the public bearing to render recommend. on or a final decldon. Analysis: The MDD SAP Regulating Plan includes allowances for Galleries or Arcades along frontages. This amendment does not modify any existing Gallery or Arcade Frontage regulations. Findings: Consistent 4. Build -to -lines that differ from Transect Zone Setback requirement. Analysis: The MDD SAP does not propose any Build -to -lines that differ from the Transect Zone setback requirements as depicted in the MDD SAP Regulating Plan. Findings: Consistent 5. ATerminated Vista location, requiring that the Building be provided with architectural articulation of a Type and character that responds to the location. Analysis: Terminated Vista: A location at the axial conclusion of a Thoroughfare. A Building located at aTerminated Vista designated on a Special Area Plan is required to be designed in response to the axis. Findings: Consistent 6. A Pedestrian Passage, requiring a minimum twenty (20) foot wide pedestrian access be reserved between Buildings. Analysis: The location of Pedestrian Passages and Paseos is illustrated in Concept Book Sheet "A1.9". Furthermore, the design for Pedestrian Passages and Paseos is also within the Concept Book in sheets "A2.8" and "A2.9". This amendment includes a new Pedestrian Passage between Block 2 West B & C. Findings: Conditionally consistent. Refer to Conditions of Approval No. 8. 7. A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan. Staff Analysis Report No. (PZ-23-16091) — page 12 PZ-23-16091 08/31/23 Page 12 of 17 PURL/r er C 0 Q. Analysis: The MDD SAP shall comply with all requirements of Chapter 23 of th Miami Code of Ordinances. Findings: Consistent. Refer to Conditions of Approval. 8. Area Design Guidelines. Analysis: The Applicant has submitted an amended Regulating Plan and Concept Book for the proposed amendment, attached hereto as Attachment "A" and Attachment "B". NOTICE This submittal needs tole scheduled bra public hearing In accordance lathapplicable set forth In the City of Th Miami Code. e applie decision -making body wall review bre l stoma -dos at the public hearing to render recommendxb on or a final decision. Findings: Consistent 9. A parking management program that enables shared parking among public and private Uses. Analysis: See the MDD SAP Concept Book Sheet "A2.2—Parking Management Program" which depicts locations for existing and proposed parking for illustrative purposes. Findings: Consistent 10. Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. Analysis: The amended SAP will change the underlying zoning classification from "T5-O" Urban Center Zone Open to "T6-8-O" Urban Core Zone Open of a selected property located at 3995 N Miami AV. This application does not create or modify the Regulating Plan provisions allowing for a limited transfer of development rights across certain T6 parcels within the MDD SAP. See tracking and reporting requirements as indicated in Section 2.2.1 of the Regulating Plan. Findings: Consistent. The following is a review of the request pursuant to the criteria under Article 7 and Section 7.1.2.8.f. of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria 1: "(a) The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. (b) The need and justification for the proposed Staff Analysis Report No. (PZ-23-16091) — page 13 PZ-23-16091 08/31/23 v� IEW CC�� Page 13 of 17 change, including changed or changing conditions that make the passage of the change necessary. • Analysis: The MDD SAP includes properties with "T-4" General Urban Zone, Urban Center Zone, and "T-6"Urban Core Zone transect designations. The amende MDD SAP will change the underlying zoning classification from "T5-O"Urban Center Zone Open to "T6-8-O"Urban Core Zone Open of a selected property located at 3995 N Miami AV, as legally described in Exhibit "D";with no necessary amendments to the Future Land Use Map. The proposed rezoning is consistent with the goals, objectives and policies of the Comprehensive Plan because it is congruent with the scale and character of the structures and uses surrounding the property proposed to be rezoned and will allow the parcel to be transformed from an underutilized land into a pedestrian oriented, mixed -use development. • Finding: Consistent. Criteria 2: "For rezonings: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height." • Analysis: The proposed amendment includes a change in the underlying Transect Zone from "T5-O"Urban Center Zone Open to "T6-8-O"Urban Core Zone Open of a selected property located at 3995 N Miami AV; however, the Future Land Use designation remains unchanged. Moreover, this amendment also proposes to introduce certain new definitions including but not limited to Signature Towers and Parking Tandem to allow floorplate flexibilities, as well as Height measurement clarifications. A total of three (3) Signature Towers are permitted in the T6 Transect Zones within the SAP Area; however, no Block may contain more than one (1) Signature Tower. Consistent with previous versions of the MDD SAP, the proposed regulations maintain public realm improvements and appropriate transitions. • Findings: Consistent Criteria 3: "Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.9." • Analysis: See Criteria3.9.1.a through 3.9.1.h. • In determining the appropriateness of the proposed amendment of the MDD SAP, the Planning Department deemed that the proposed changes do not adversely affect the intent of the Miami 21, as well as the goals and objectives of the previously approved MDD SAP. • Finding: Consistent. Staff Analysis Report No. (PZ-23-16091) — page 14 This su bout. needs tole scheduled bra public hearing In accordance lath d ca bttlmellnset forth In the City of Wand Code. The appllu decision-mahing body 'MI revIewthe Woo labor at the public hearing to render a recommendab on or a final dedvon. PZ-23-16091 08/31/23 Page 14 of 17 PUBL/r F. ADDITIONAL REVIEW REQUESTED City of Miami • Zoning Department • City Attorney Office • Transportation G. RECOMMENDATION NOTICE This su bottle needs. be scheduled for a public hearing In accordance wM timelines set forth in the City of Ward Cede. The applicable decision -making body will reviewMe ln.nnadon a„he public bearing to render a recommendab on or a final den9on. Pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, of the Miami 21, as amended, the Planning Department recommends Approval with Conditions of the Fifth Amendment to the MDD SAP based upon the facts and findings in this staff report. H. CONCLUSION The Applicant's submitted materials and analysis provided as part of the MDD SAP Amendment application are consistent with the intent of Miami 21, the Miami Comprehensive Neighborhood Plan, and other relevant city regulations. Planning Department recommends Approval with Conditions. I. CONDITIONS Based on analysis and findings, the Planning Department recommends Approval of the MDD SAP Amendment with the following conditions: 1. All development within the MDD SAP boundaries shall be substantially in accordance with the Concept Book entitled "Miami Design District Retail Street: Special Area Plan Amendment" consisting of 20 pages, dated stamped received by Hearing Boards, August XX, 2023 attached and incorporated as Exhibit "B", and the Regulating Plan entitled "ExhibitA - Miami Design District Retail Street: Regulating Plan" consisting of 116 pages, dated stamped received by Hearing Boards, August XX, 2023 2. The Applicant, owner, or successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 3. The Applicant, owner, or successor must meet all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of any building permit. 4. The Applicant, owner, or successor must comply with all applicable regulations of Chapter 24 entitled "Environmental Regulations" of the Miami Dade County Code as amended. 5. The development of new structures or uses within this MDD SAP, as required under Section 7.1.2.10 of the Regulating Plan, shall be submitted for review by SAP Permit and approved by the Planning Director prior to the issuance of any building permit as identified within the Regulating Plan. Staff Analysis Report No. (PZ-23-16091) — page 15 PZ-23-16091 08/31/23 IEW CCthi Page 15 of 17 PUB(/ Co 0 a. 6. Art installed in Civic Spaces at the Gateway Sites shall be reviewed and app the Planning Director or designee upon a recommendation from the Art in Pub Places Board. 7. The MDD SAP shall comply with all requirements of Chapter 23 of the City of Mia Code of Ordinances. 8. Public Works to approve any bridges that crosses over Public Right of Way. 9. The Applicant, owner, or successor shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state, and federal regulations. 10. The Applicant shall deliver a fully executed copy of the Development Agreement within thirty (30) days of approval of the MDD SAP by the City Commission and will record the Development Agreement within fifteen (15) days of notice of the City's execution, specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly and severally. ,—DocuSigned by: (AlcislA . hit `-7F35EEF0C6C349F. Lakisha Hull, AICP, LEED AP BD+C Planning Director ,—DocuSigned by: S1M- SfUU `-3A75CAC5AF7E446... Sevanne Steiner, CNU-A Assistant Director Andrea Sandoval Planner II Attachments: Attachment 1— Exhibit A: Regulating Plan Attachment 2 — Exhibit B: Concept Book Attachment 3 — Exhibit C: Sketch and Legal of added properties Attachment 4 — Exhibit D: Sketch and Legal of upzoned property Attachment 5 — Exhibit E: Existing Legal DD SAP parcels as of the 2021 approval NOTICE This submittal needs to he scheduled bra public hearing in accordance yob timelines set orb in the City of Miami Code. The applicable decision -making body will reeiewthe inbnmzdon at the pubic hearing to render a recommendation or a final deem.. Staff Analysis Report No. (PZ-23-16091) — page 16 4� EVIEW C0 PZ-23-16091 08/31/23 Page 16 of 17 Sevanne Steiner Assistant Director This submtle needs tole scheduled fora public bearing In accordance anti applicable set forth In the City of Mend Code. The applie decision -making body wall Helmuth, Infirmabon at the public bearing to render a recommendab on or a final declYon. PZ-23-16091 08/31/23 Page 17 of 17