HomeMy WebLinkAboutLegislation (v2)File Number: 11-01196ap3
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE
MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT
RETAIL STREET" ("MDDRS") SPECIAL AREA PLAN ("SAP"), FOR THE REMOVAL
OF PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED, REMOVING APPROXIMATELY 13,086 SQUARE FEET, OR
0.30 ACRES, OF LOT AREA SPLIT AMONG TWO (2) PARCELS FOR A NEW TOTAL
COMBINED LOT AREA OF 982,600 SQUARE FEET, OR 22.56 ACRES; AMENDING
THE ZONING ATLAS OF ORDINANCE NO 13114 AND TO AMEND THE
REGULATING PLAN OF THE MDDRS SAP ACCORDINGLY; MAKING FINDINGS
OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; 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" ("MDDRS"), a 19.08 acre Special Area Plan
("SAP") established pursuant to Article 3 and Article 7 of the Miami 21 Code, the Zoning Ordinance of
the City of Miami, Florida ("Miami 21 Code"), with current general boundaries of Northeast 43 Street to
the North, North Federal Highway and Biscayne Boulevard to the East, Northeast 38 Street to the
South, and Northeast Miami Court and North Miami Avenue to the West, Miami, Florida; and
WHEREAS, pursuant to Ordinance No. 13414, adopted on October 24, 2013, the City Commission
approved an amendment to the original SAP that added twelve (12) new properties and adjusted 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
WHEREAS, pursuant to Ordinance No. 13505, adopted on March 12, 2015, the City Commission
approved an amendment to the original SAP that added two (2) new properties and adjusted the
original 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 22.92 acres; and
WHEREAS, the MDDRS SAP applicant entities, as described in Exhibit "A" (collectively
"Applicants"), wish to amend the SAP Regulating Plan and Concept Book by removing two (2)
properties from the original development program to remove 13,086 square feet of lot area for a new
lot area total of 982,600 square feet, or approximately 22.56 acres, and said parcels are located at
approximately 53 and 61 Northeast 41 Street, Miami Florida; and
WHEREAS, the removal of the parcels necessitates an amendment to the Regulating Plan; and
WHEREAS, the proposed amended SAP will continue to facilitate redevelopment and benefit to
City of Miand Page 1 of 4 File Id. 11-01196an3 (Version: 2) Printed On: 3/10/2016
City of Miami
Legislation
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Ordinance
File Number: 11-01196ap3
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE
MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT
RETAIL STREET" ("MDDRS") SPECIAL AREA PLAN ("SAP"), FOR THE REMOVAL
OF PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED, REMOVING APPROXIMATELY 13,086 SQUARE FEET, OR
0.30 ACRES, OF LOT AREA SPLIT AMONG TWO (2) PARCELS FOR A NEW TOTAL
COMBINED LOT AREA OF 982,600 SQUARE FEET, OR 22.56 ACRES; AMENDING
THE ZONING ATLAS OF ORDINANCE NO 13114 AND TO AMEND THE
REGULATING PLAN OF THE MDDRS SAP ACCORDINGLY; MAKING FINDINGS
OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; 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" ("MDDRS"), a 19.08 acre Special Area Plan
("SAP") established pursuant to Article 3 and Article 7 of the Miami 21 Code, the Zoning Ordinance of
the City of Miami, Florida ("Miami 21 Code"), with current general boundaries of Northeast 43 Street to
the North, North Federal Highway and Biscayne Boulevard to the East, Northeast 38 Street to the
South, and Northeast Miami Court and North Miami Avenue to the West, Miami, Florida; and
WHEREAS, pursuant to Ordinance No. 13414, adopted on October 24, 2013, the City Commission
approved an amendment to the original SAP that added twelve (12) new properties and adjusted 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
WHEREAS, pursuant to Ordinance No. 13505, adopted on March 12, 2015, the City Commission
approved an amendment to the original SAP that added two (2) new properties and adjusted the
original 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 22.92 acres; and
WHEREAS, the MDDRS SAP applicant entities, as described in Exhibit "A" (collectively
"Applicants"), wish to amend the SAP Regulating Plan and Concept Book by removing two (2)
properties from the original development program to remove 13,086 square feet of lot area for a new
lot area total of 982,600 square feet, or approximately 22.56 acres, and said parcels are located at
approximately 53 and 61 Northeast 41 Street, Miami Florida; and
WHEREAS, the removal of the parcels necessitates an amendment to the Regulating Plan; and
WHEREAS, the proposed amended SAP will continue to facilitate redevelopment and benefit to
City of Miand Page 1 of 4 File Id. 11-01196an3 (Version: 2) Printed On: 3/10/2016
File Number: 11-01196ap3
the area by creating residential units, commercial uses, as well as civic and open space for the
enjoyment of the general public; and
WHEREAS, the amended SAP will remove parcels that were recently conveyed to the Institute of
Contemporary Art, Miami, Inc., and have since received separate approvals from the City of Miami
("City") for Civic/Institutional Use; and
WHEREAS, the removed parcels will pose no negative impact to the originally approved SAP; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City and its residents to amend the MDDRS SAP as
hereinafter set forth;
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 amended SAP, attached hereto, is approved subject to the conditions specified
herein.
Section 3. The amended SAP includes lower ranking SAP Permits as set forth in Exhibit "C":
Regulating Plan of the amended SAP which shall be reviewed for approval by the City's Department of
Planning and Zoning ("Planning and Zoning"), as needed.
Section 4. The amended SAP, inclusive of all Exhibits, in particular, Exhibit "C": Amended
Regulating Plan, Exhibit "D": Amended Concept Book, and Exhibit "E": Amended Development
Program Spreadsheet, as approved, shall be binding upon the Applicants and any successors in
interest.
Section 5. The application to amend this SAP, which was submitted on December 16, 2015 and is
on file with Planning and Zoning, Hearing Boards Section, shall be relied upon generally for
administrative interpretations and is incorporated herein by reference.
Section 6. The City Manager is directed to instruct the Planning Director to transmit a copy of this
Ordinance and attachments to the Applicants upon final approval.
Section 7. The Findings of Fact and Conclusions of Law are made with respect to the amended
SAP as described in the record, herein, and in documents incorporated hereto.
Section 8. The amended SAP for the MDDRS is granted and approved.
Section 9. In the event that any portion or section of this Ordinance or the amended SAP is
determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Ordinance or amended SAP
which shall remain in full force and effect.
Section 10. The provisions for this Ordinance, as approved, shall become effective thirty (30) days
after the final adoption of the Ordinance.
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File Number; 11-01196ap3
Section 11. The Zoning Ordinance is hereby amended by changing Appendix F: MDDR SAP to
said Ordinance, as follows and incorporating the amended SAP:
APPENDIX F: "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" AS
AMENDED
Which includes:
Amended Regulating Plan (See Exhibit "C")
Amended Concept Book (See Exhibit "D")
Amended Development Program Spreadsheet (See Exhibit "E")
CONDITIONS:
Based on the analysis and findings, Planning and Zoning recommends approval of the proposed
amendment to the MDDRS SAP with the following condition, which is adopted by the City Commission
as a condition of the amended SAP:
Within 90 days of the effective date of this Ordinance, record a certified copy of a Request for Release
from the Development Agreement associated with this amended SAP, specifying that the Request for
Release from the Development Agreement runs with the land and is binding on the Applicants, its
successors, and assigns, jointly and/or severally.
THE CITY OF MIAMI SHALL:
Establish the operative date of the associated Development Agreement as being thirty (30) days from
the date of its final adoption. The final adoption date shall constitute the commencement of the thirty
(30) day period to appeal the provisions of the Development Agreement.
CONCLUSIONS OF LAW:
The amended MDDRS SAP, as approved, complies with the Miami Comprehensive Neighborhood
Plan as amended, is consistent with the orderly development and goals of the City of Miami, and
complies with local land development regulations pursuant to the Miami 21 Code.
AmPROVED AS TO FORM AND CORRECTNESS:
DRIAJMENDEZ
ATTORNEY _4
City of Miami Page 3 of 4 File Id. 11-01196ap3 (!Version: 2) Printed On: 3/1012016
File Number: 11-01196ap3
Footnotes:
{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.
City of Miami Page 4 of 4 File Id. 11-01196au3 (Version: 2) Printed On: 3/10/2016