HomeMy WebLinkAboutO-14244City of Miami
Ordinance 14244
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14672 Final Action Date: 12/14/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ("MIAMI 21 CODE") PURSUANT TO ARTICLE 3 AND ARTICLE 7 OF THE MIAMI
21 CODE, SPECIFICALLY BY AMENDING APPENDIX F, TITLED "MIAMI DESIGN DISTRICT
RETAIL STREET SPECIALAREA PLAN" ("MDD SAP"), AS MORE PARTICULARLY
DESCRIBED IN THE AMENDED REGULATING PLAN, ATTACHED AND INCORPORATED AS
EXHIBIT "A," AND THE AMENDED CONCEPT BOOK, ATTACHED AND INCORPORATED AS
EXHIBIT "B," SPECIFICALLY BY: (A) ADDING APPROXIMATELY 127,805 SF (2.934 ACRES)
OF LOT AREA SPLIT AMONG SIX (6) ADDITIONAL PARCELS FORA TOTAL COMBINED
AREA OF 1,110,387 SF (25.491 ACRES) FOR THE ADDITIONAL PROPERTIES LOCATED AT
APPROXIMATELY 3995 NORTH MIAMI AVENUE, 21 NORTHEAST 39 STREET, 35
NORTHEAST 40 STREET, 27 NORTHWEST 39 STREET, 3801 NORTH MIAMI AVENUE, AND
3819 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "C," ATTACHED AND INCORPORATED; (B) AMENDING THE ZONING ATLAS OF
THE MIAMI 21 CODE BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN
CENTER ZONE OPEN, TO "T6-8-O," URBAN CORE ZONE OPEN, FOR THE PROPERTY
LOCATED AT 3995 NORTH MIAMI AVENUE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "D," ATTACHED AND INCORPORATED; (C) AMENDING THE REGULATING PLAN
TO INCLUDE REVISED VERSIONS OF CERTAIN RECENTLY ADOPTED MIAMI 21 CODE
PROVISIONS RELATING TO FRONTAGES, FLOORPLATES, HEIGHT, LOADING, AND
LANDSCAPING; (D) PROVIDING CLARIFICATIONS OF EXISTING TERMS AND
CONSOLIDATING ILLUSTRATIONS AND FIGURES FOR READABILITY; E) ESTABLISHING
CERTAIN NEW DEFINITIONS AND FRONTAGE TYPES AND AMENDING PROVISIONS
RELATING TO SAP PERMIT ISSUANCE; (F)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 OVERA RIGHT-OF-WAY SUBJECT TO PUBLIC WORKS REVIEW;
AND G) UPDATING THE CONCEPT BOOK PURSUANT TO THE REGULATING PLAN
AMENDMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 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"); and
WHEREAS, 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; and
City of Miami Page 1 of 5 File ID: 14672 (Revision: A) Printed On: 7/18/2025
File ID: 14672 Enactment Number: 14244
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; properties currently within the MDD SAP of Amendment #4
are described in Exhibit "E"; and
WHEREAS, 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") applied to the City of Miami ("City") to further amend the
MDD SAPMDD SAP (Amendment #5), pursuant to Article 3 and Article 7 of the Miami 21 Code;
and
WHEREAS, the Applicant wishes to amend the MDD SAP Regulating Plan and Concept
Book by adding six (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
square feet (25.491 acres); additional properties located at approximately 3995 North Miami
Avenue, 21 Northeast 39 Street, 35 Northeast 40 Street, 27 Northwest 39 Street, 3801 North
Miami Avenue, and 3819 North Miami Avenue Miami, Florida, as more particularly described in
Exhibit "C," attached and incorporated; and
WHEREAS, the amendment to the 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 North Miami Avenue, as more particularly described in Exhibit
"D," attached and incorporated, with no necessary amendments to the Future Land Use Map of
the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the current amendment proposes text modifications to amend the
Regulating Plan to include revised versions of certain recently adopted Miami 21 Code
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
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File ID: 14672 Enactment Number: 14244
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; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-089 by a vote of eight to zero (8-0), Item No. PZAB.26, recommending approval of this
ordinance; and
WHEREAS, the MDD SAP and this amendment integrates public improvements and
infrastructure while providing greater flexibility resulting in higher or specialized quality building
and streetscape design; and
WHEREAS, projects such as this are critically important to the economic revitalization
and enhancement of the City of Miami; and
WHEREAS, the Applicant submitted a revised Regulating Plan, Concept Book, and
three Development Agreements, which have been reviewed by the Planning Department; and
WHEREAS, consideration has been given to whether the proposed change will further
the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations;
and
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
amendment to the MDD SAP, including the rezoning of property, necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City
of Miami, Florida, as amended, ("Miami 21 Code") is further amended by changing the zoning
classification from "T5-O," Urban Center Zone -Open, to "T6-8-O," Urban Core Zone -Open, of
the property located at 3995 North Miami Avenue, as more particularly described in Exhibit "D,"
attached and incorporated.
Section 3. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended, ("Miami 21 Code") is hereby amended by amending Appendix F: Miami Design
District Retail Street SAP, as attached in Exhibit "A", with the following conditions:
1. All development within the MDD SAP boundaries shall be substantially in
accordance with the Concept Book, titled "Miami Design District Retail Street:
Special Area Plan Amendment," consisting of 30 pages, date stamped received
by Hearing Boards, August 31, 2023, attached and incorporated as Exhibit "B,"
and the Regulating Plan, titled "Exhibit A - Miami Design District Retail Street:
Regulating Plan," date stamped received by Hearing Boards, August 31, 2023.
2. The Applicant, owner, and any successor shall comply with the requirements of
all applicable departments/agencies as part of the City of Miami building permit
submittal process.
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3. The Applicant, owner, and any 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, and any successor must comply with all applicable
regulations of Chapter 24, titled "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.
6. Art installed in Civic Spaces at the Gateway Sites shall be reviewed and
approved by the Planning Director, or designee, upon a recommendation from
the Art in Public Places Board.
7 The MDD SAP shall comply with all requirements of Chapter 23 of the Code of
the City of Miami, Florida, as amended ("City Code").
8. Public Works to approve any bridges that cross over Public Right -of -Way.
9. The Applicant, owner, and any successor shall meet conditions identified in this
Ordinance, within the SAP, and all applicable local, state, and federal
regulations.
10. Illustration 5.6 Design District Urban Core (T6-8) in the Regulating Plan shall
state that for Block 2, West B (designated T6-8 Transect Zone), the permissible
Floor Area shall be limited as if it was a T5 Transect Zone and Density shall be
calculated as 65 dwelling units per acre. The permissible Floor Area shall be in
accordance with the T5 Transect Zone standards in Illustration 5.5 of the Miami
21 Code.
11. 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.
Section 4. The City Commission makes following findings:
a) The amended MDD SAP is consistent with the Miami Comprehensive Neighborhood
Plan, as amended, ("MCNP");
b) The amended MDD SAP complies with the MCNP;
c) The amended MDD SAP is consistent with the orderly development and goals of the
City;
d) The amended MDD SAP complies with local land development regulations pursuant to
the Miami 21 Code, as modified by the Regulating Plan;
e) The MDD SAP amendment will have a favorable impact on the economy of the City;
f) The MDD SAP amendment will efficiently use public transportation facilities;
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g) Any potentially adverse effects of the development will be mitigated through compliance
with the conditions of this amended MDD SAP, as stated herein;
h) The MDD SAP, as amended, will efficiently use existing public and civic spaces;
i) The MDD SAP, as amended, will not negatively impact the environment or any natural
resources of the City;
j) The MDD SAP amendment will not adversely affect living conditions in the
neighborhood;
k) The MDD SAP amendment will not adversely affect public safety;
I) The public welfare will be served by this MDD SAP amendment; and
m) Any potential adverse effects, if any, arising from this development, including but not
limited to safety and security, fire protection, solid waste, heritage conservation, and
trees, will be mitigated through compliance with any conditions of this MDD SAP
amendment, as applicable
Section 5. 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," both as approved, shall be binding upon the Applicant, owners, and any successors
in interest.
Section 6. The application to amend the MDD SAP, which was batch stamped on August
31, 2023, and on file with the Hearing Boards Section of the Planning Department, shall be
relied on generally for administrative interpretations and is incorporated by reference.
Section 7. 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 8. 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 9. This Ordinance shall be effective ten (10) days upon final reading and
adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity (tor
ndez, ity Attor ey 12/4/2023
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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