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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 17653 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AMENDING THE MIAMI 21 CODE TO ADD APPENDIX Q, TITLED "BRAMAN MIAMI CAMPUS SPECIAL AREA PLAN" ("BRAMAN SAP"); AMENDING THE ZONING ATLAS OF THE MIAMI 21 CODE TO REZONE APPROXIMATELY 12.9 ACRES OF PROPERTY CURRENTLY ZONED T6-36A-O, T6-36B-O, T6-12-0, AND T6-8-O TO INCLUDE A "BRAMAN SAP" ZONING OVERLAY DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2020 AND 2060 BISCAYNE BOULEVARD; 2001, 2010, AND 2060 NORTHEAST 2ND AVENUE; 94, 106, 114, AND 246 NORTHEAST 20TH TERRACE; AND 111,120, AND 137 NORTHEAST 20 STREET, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; AND AMENDING THE MIAMI 21 CODE TO INCORPORATE THE "BRAMAN SAP" REGULATING PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "B," AND THE "BRAMAN SAP" CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "C," INTO APPENDIX Q, WHICH PROPOSES NEW DEVELOPMENT AND ADDS AN AUTO -RELATED COMMERCIAL ESTABLISHMENT TO THE "BRAMAN SAP"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2060 Biscayne Boulevard APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of Braman Motors, Inc. PURPOSE: Amend Miami 21 by creating Appendix Q - Braman Miami Campus Special Area Plan (SAP); amend the Zoning Atlas to add a Braman SAP overlay for properties located at approximately 2020, 2060 Biscayne Boulevard; 2001, 2010, 2060 Northeast 2nd Avenue; 94, 106, 114, 246 Northeast 20th Terrace; and 111,120, 137 Northeast 20 Street; and add a Regulating Plan and a Concept Book to Appendix Q. The Braman SAP proposes redevelopment of their automotive -focused properties in the following four (4) phases: Phase 1A, an auto -service Building; Phase 1 B, a Woonerf; Phases 2 and 3, mixed -Use Buildings including Office, Commercial, and Residential Uses; and Phase 4, a renovated gas station. The SAP proposes public benefits such as vocational training opportunities, public Open Space, and enhanced streetscapes. There are no proposed changes to the underlying Transect Zones or to the existing Density, Intensity, and Height allowances in the SAP area. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions, with acceptance of the development agreement, as may be amended. PLANNING, ZONING AND APPEALS BOARD: On June 4, 2025, recommended approval passed by a vote of 10-0. City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 City of Miami Legislation Ordinance Enactment Number:14387 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 17653 Final Action Date: 7/24/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AMENDING THE MIAMI 21 CODE TO ADD APPENDIX Q, TITLED "BRAMAN MIAMI CAMPUS SPECIAL AREA PLAN" ("BRAMAN SAP"); AMENDING THE ZONING ATLAS OF THE MIAMI 21 CODE TO REZONE APPROXIMATELY 12.9 ACRES OF PROPERTY CURRENTLY ZONED T6-36A-0, T6-36B-0, T6- 12-0, AND T6-8-O TO INCLUDE A "BRAMAN SAP" ZONING OVERLAY DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2020 AND 2060 BISCAYNE BOULEVARD; 2001, 2010, AND 2060 NORTHEAST 2ND AVENUE; 94, 106, 114, AND 246 NORTHEAST 20TH TERRACE; AND 111,120, AND 137 NORTHEAST 20 STREET, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; AND AMENDING THE MIAMI 21 CODE TO INCORPORATE THE "BRAMAN SAP" REGULATING PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "B," AND THE "BRAMAN SAP" CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "C," INTO APPENDIX Q, WHICH PROPOSES NEW DEVELOPMENT AND ADDS AN AUTO -RELATED COMMERCIAL ESTABLISHMENT TO THE "BRAMAN SAP"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 2020 and 2060 Biscayne Boulevard; 2001, 2010, and 2060 Northeast 2nd Avenue; 94, 106, 114, and 246 Northeast 20th Terrace; and 111,120, 137 Northeast 20 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") is approximately 12.9 acres in size, is currently zoned T6-36A-0, T6-36B-0, T6-12-0, and T6-8-0 on the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code"), and is located in the Edgewater neighborhood; and WHEREAS, Braman Motors, Inc. ("Applicant") applied to the City of Miami ("City") for a Special Area Plan ("SAP"), pursuant to Articles 3 and 7 of the Miami 21 Code, to include a "Braman SAP" Zoning Overlay on the Property and to add Appendix Q, titled "Braman Miami Campus Special Area Plan" ("Braman SAP"), to regulate the development at the Property, which consists of the Regulating Plan, attached and incorporated as Exhibit "B," and the Concept Book, attached and incorporated as Exhibit "C"; and WHEREAS, the Braman SAP will include new development and an Auto -Related Commercial Establishment for the Property; and City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 WHEREAS, the Applicant intends to vacate a portion of the Northeast 20 Street Alley abutting the Applicant's car dealerships; and WHEREAS, Section 3.9.1.a of the Miami 21 Code limits an SAP's ability to cross Public Rights -of -Way that are seventy feet (70') or wider; however, in November 2024, the Office of Zoning approved Waiver No. PZ-23-15949, granting a ten percent (10%) Waiver of this requirement and permitting the instant application to proceed; and WHEREAS, the proposed Braman SAP will reimagine the existing automotive uses by master planning the area into a cohesive, pedestrian -friendly campus, with mixed -Use Buildings and residential towers to support the Edgewater neighborhood; and WHEREAS, the proposed Braman SAP will facilitate the redevelopment of and benefit the surrounding area by creating residential units, commercial Uses, as well as Civic and Open Space, such as a Woonerf on Northeast 20th Terrace and enhanced streetscapes, for the enjoyment of residents, patrons, and the general public; and WHEREAS, the proposed Braman SAP will integrate public improvements and infrastructure, resulting in enhanced streetscape design; and WHEREAS, the proposed Braman SAP will create certain recurring and nonrecurring financial benefits as well as temporary and permanent jobs; and WHEREAS, the City and the Applicant agree that the Braman SAP shall be developed substantially in accordance with the Regulating Plan and Concept Book, with those conditions listed herein; and WHEREAS, on June 4, 2025, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for the SAP, item PZAB.4, and passed PZAB-R-25-031, recommending approval with conditions, by a vote of ten -zero (10-0); and WHEREAS, consideration has been given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (Ordinance No. 10544) ("MCNP"), the Miami 21 Code, and all other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to approve with conditions the requested SAP; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Pursuant to Articles 3 and 7 of the Miami 21 Code, the Miami 21 Code is hereby amended by amending the Zoning Atlas of the Miami 21 Code to include the "Braman SAP" Zoning Overlay on the Property and by adding Appendix Q, titled "Braman Miami Campus Special Area Plan" ("Braman SAP"), to regulate the development at the Property, which consists of the Regulating Plan, attached and incorporated as Exhibit "B," and the Concept Book, attached and incorporated as Exhibit "C," with the following conditions: City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 The Braman SAP shall be in accordance with the plans titled "Braman Miami Campus," as signed and sealed by Sherri Gutierrez, Registered Architect, and batch -stamped PZ-22-15092-SAP Designation by the City of Miami. 2. The Braman SAP includes a Development Review Process, which addresses the build -out of the project, as identified in the Regulating Plan. All development within this SAP shall be submitted for review and approval by the Planning Director after receipt of a recommendation from the Coordinated Review Committee ("CRC") for conformance to the Regulating Plan, prior to the issuance of any building permit, consistent with the requirements of Section 3.9.1.g. of the Miami 21 Code and the SAP. Phases 1A, 1B, and 4, as shown on page A-03 of the Concept Book, shall be permitted to proceed straight to building permit, provided that they are developed in accordance with their respective plans included in the Concept Book. Other developments proposed shall be developed in accordance with the Regulating Plan and subject to an SAP permit, as may be required therein. 3. The Braman SAP is to be developed in phases and/or individual specific projects. In the event a phase or a portion of a phase is not developed at once, but in segments, the Applicant shall submit an interim -plan package, including a landscape plan, which addresses design details for the land occupying future phases of this SAP. If the future phases are not developed, said plan package shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 4. The Applicant, owner, and any successor shall comply with the requirements of all applicable departments/agencies as part of the City building permit application submittal process. 5. The Applicant, owner, and any successor must comply with all applicable regulations of the Miami Dade County Code, Chapter 24, entitled "Environmental Protection," as amended. 6. 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. 7. The Applicant, owner, and any successor shall meet the conditions identified in this Ordinance, shall meet the conditions identified within the SAP, and shall comply with all applicable local, state, and federal regulations. 8. The Applicant shall demonstrate community engagement efforts to the Planning Department prior to issuance of the first master building permit. 9. The proposed alley vacation shall be approved prior to issuance of a building permit for Phase 2, as shown on page A-03 of the Concept Book. 10. As part of applicable building permit application(s), the Applicant shall provide a letter from the Miami Parking Authority (MPA) authorizing any use of on -street parking spaces. The letter shall include the authorized number and type of parking spaces for each Frontage. 11. Per the National Fire Protection Association (NFPA) 1, the Applicant shall provide proposed location(s) of any remote fuel ports and of any fire hydrants to be City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 removed, relocated and/or added in the Auto -Related Commercia Establishment ("ARC") master building permit submittal. 12. Per the Urban Development Review Board ("UDRB") Resolution UDRB-R-25-007, regarding the ARC Building / Phase 1A, redesign vertical articulation of the architectural screening of the north and south Facades to provide more visual movement along the length of the Building. 13. Art installed in Civic Spaces shall be reviewed and approved by the Planning Director or their designee. 14. The Woonerf shall be constructed as shown in the Concept Book, reviewed and approved by Miami -Dade County, and open to the public prior to the issuance of the first Certificate of Occupancy, including any Temporary Certificate of Occupancy, for Phase 1. The Applicant shall provide an alternative Civic Space plan as part of the Development Agreement. If Miami -Dade County does not approve the design and/or construction of the Woonerf to satisfy the requirements outlined in Criteria E and F of the City's staff report, the Applicant may satisfy the SAP -Civic -Space requirement via a minimum payment in the amount equal to the design and construction of the proposed Woonerf, as may be approved and or amended by the City, as part of the Development Agreement. 15. Signs, pavement markings, non-standard pavement treatments and colors, special geometries, and alignments on the proposed Woonerf are subject to Miami -Dade County review and approval. The Applicant shall execute a Covenant for Non - Standard improvements with the City prior to construction of the Woonerf. 16. Parcel 4, including the gas station, shall be constructed as shown in the Concept Book and open to the public prior to the issuance of the first Certificate of Occupancy (or Temporary Certificate of Occupancy) for Phase 2 or 3, whichever comes first. 17. In accordance with the Miami 21 Zoning Code, Section 3.9(f), the Applicant and any successor shall create and retain the public benefit contributions identified in the SAP Development Agreement on a timeframe to be approved by the Planning Director. 18. The Braman SAP shall comply with all requirements of Chapter 17, titled "Environmental Preservation," of the Code of the City of Miami, Florida, as amended ("City Code"). 19. The Braman SAP shall comply with all requirements of Chapter 23, titled "Historic Preservation," of the City Code. 20. The Applicant or successor shall record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of any building permit: a. Declaration of Covenants and Restrictions providing that the ownership, operation, and maintenance of all Civic and Open Spaces, and any related improvements located thereon, shall be the responsibility of the property owner(s), their successor(s), or their designee in perpetuity; and b. 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. 21. Provide the Planning Department with a temporary construction plan for review and approval that addresses construction phasing and includes the elements listed City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 below. Said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. As applicable, Applicant, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request for approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approved no later than two weeks prior to implementation of requested change or modification. a. Temporary construction parking plan, with an enforcement policy; b. Construction -noise management plan, with an enforcement policy; and c. Maintenance plan for the temporary construction site. All construction activity shall remain in full compliance with the provisions of the submitted construction plan. Failure to comply may lead to a suspension or revocation of this SAP. 22. The Applicant, owner, and any successor shall comply with the following Department of Resiliency and Public Works development conditions: a. Site plan must show locations of Monument Line and Street Centerline along with their dimensions to the Base Building Line. Provide property boundary information in accordance with survey. b. All Right -of -Way improvements and public street cross sections shall be according to City of Miami Resilience and Public Works Engineering Standards. c. All driveway approaches shall be according to City of Miami Department of Resilience and Public Works Engineering Standards. d. A maintenance agreement between the City and the property owner is required for any non-standard improvements located in the Right -of -Way. e. Any Right -of -Way modifications to traffic signs and pavement markings require review and approval from Miami -Dade County Department of Transportation and Public Works — Traffic Engineering Division. f. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line. The maximum slope for a driveway ramp sloping upward toward the street is 1:20 for the last 20 feet to the property line. g. All encroachments into Right -of -Way shall conform to the provisions of Chapter 32 of Florida Building Code. h. Public Works' approval is required for any bridge(s) that cross over Public Right -of -Way, upon a recommendation from the Planning Director and Zoning Administrator. i. No run-off is allowed into any Right -of -Way area. All storm water must be retained on site including the driveways and plazas on private property adjacent to public streets. Plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the Right -of -Way. If deep drainage wells are selected for storm water disposal, they must be located on -site in an open area to accommodate future maintenance access. j. All transitions from the established street profile grade to the proposed building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the Right -of -Way and the record profile street grade cannot be changed to accommodate the proposed building ground floor elevation. k. Right -of -Way conditions must comply with American Disability Act (ADA) Guidelines. I. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer System Permit (MS4). This project will require a City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 Florida Department of Environmental Protection (DEP) Storm water, Erosion and Sediment Control permit. For information on a DEP permit application, please contact the Department of Resilience and Public Works Department at (305) 416-1200 or www.dep.state.fl.us/water/stormwater/npdes. m. Roadway restoration for all utility extensions, existing damaged pavement and pavement damaged during construction shall comply with City of Miami standards and requirements. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. n. Department of Resilience and Public Works requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Department of Resilience and Public Works, is constructed and maintained by the contractor throughout the duration of the lane closure. A maintenance of traffic (MOT) plan is required for any temporary Right -of -Way closure request. o. New/proposed street alignments shall meet all access requirements for emergency vehicles. p. Maneuvering diagrams for Fire -Rescue's approval must be submitted along with the tentative plat submittal. q. All landscaping installations and/or removal require permit application and approval from Building Department — Environmental Resources section. 23. Prior to the issuance of a master building permit for the construction of any new Building(s), the Applicant, owner, or any successor shall provide the Planning Department, for review and approval, as relative to that building permit: a. Environmental Impact Statement; and b. Traffic Sufficiency Letter from the City of Miami, Office of Transportation in addition to a traffic -engineering study of the pedestrian circulation, including proposed crosswalks; and c. Final determination of Public School Concurrency and Capacity Reservation; and d. Proof of compliance with applicable code provisions established by the following departments or agencies: i. City and County Public Works Departments, as may be applicable ii. Federal Aviation Administration, as may be applicable iii. Miami Dade Aviation Department, as may be applicable iv. Miami -Dade County Water and Sewer, as may be applicable v. Miami -Dade County Traffic Engineering Division, as may be applicable vi. Miami Dade County Expressway Authority, as may be applicable vii. Florida Department of Transportation (FDOT), as may be applicable. 24. The Applicant shall defend, indemnify, and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City's processing and approval of this SAP entitlement. The Applicant shall reimburse the City for all costs incurred in defense of such an action, including court costs, attorney's fees, and award of any damages against the City. If the City determines it necessary to protect the City's interest, the Applicant shall execute an indemnity and reimbursement agreement with the City with terms consistent with the requirements herein. The City shall notify the Applicant within a reasonable time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the Applicant of any action in a reasonable time, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. The City shall have the sole right to choose its counsel, including the City Attorney's Office or outside counsel. At its sole City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the Applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. For purposes of this condition, the following definitions apply: "City" shall be defined to include the City, its agents, officers, boards, commissions, committees, and employees; "Action" shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition. 25. The Applicant shall ensure all violations will be cured as part of the building permit process. 26. The Applicant shall update the Concept Book and Regulating Plan to address any outstanding conditions requested by City staff for project PZ-22-15092 within five (5) business days of adoption by the City Commission. 27. The Applicant shall deliver a fully executed copy of the Development Agreement within thirty (30) days of approval of the Braman SAP by the City Commission, will diligently work toward finalization, 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 Applicant, owner, successors, and assigns, jointly and severally. Section 3. The Braman SAP, including the Regulating Plan, attached and incorporated as Exhibit "B," and the Concept Book, attached and incorporated as Exhibit "C," both as approved, shall be binding upon the Applicant, owner(s), and any successors in interest. Section 4. The application to designate the Braman SAP, batch stamped on May 23, 2025, 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 5. The conditions, as recommended by the Planning Department and stated herein, are incorporated and adopted as conditions. Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes.1 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 canon the effective date stated herein whichever is later City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025 APPROVED AS TO FORM AND CORRECTNESS: g III, C y`attorey ,/ 6/16/2025 City of Miami File ID: 17653 (Revision:) Printed On: 8/26/2025