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Home My WebLink AboutSubmittal-Paul Savage-Planning, Zoning & Appeals Board Fact Sheet PackageSubmitted into thep blic n record for i em(S)`. on City Clerk PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 11-01196apl Quasi -Judicial PZAB.1 Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 & 3840 NORTHEAST MIAMI COURT; 3825, 3852 & 3900 NORTH MIAMI AVENUE; 20, 21, 28, NORTHWEST 39TH STREET; 30 & 50 NORTHEAST 39TH STREET AND 4100 & 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A"; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 86,263 SQUARE FEET (1.98 ACRES) OF LOT AREA SPLIT AMONG 12 ADDITIONAL PARCELS FOR A TOTAL COMBINED LOT AREA OF 917,495 SQUARE FEET: (21.06 ACRES) SPLIT AMONG SIXTY THREE (63) PARCELS; B) INCREASING COMMERCIAL SPACE BY APPROXIMATELY 422,971 SQUARE FEET FOR A TOTAL OF 1,374,689 SQUARE FEET; C) INCREASING RESIDENTIAL UNITS BY APPROXIMATELY 489 UNITS FOR A TOTAL OF 561 UNITS; D) DECREASING HOTEL KEYS BY ONE (1) FOR A TOTAL OF 52 KEYS; E) INCREASING PARKING SPACES BY APPROXIMATELY 1,181 SPACES ABOVE GROUND AND BELOW GRADE FOR A TOTAL OF 3,752 SPACES; F) INCREASING OPEN SPACE BY APPROXIMATELY 1,764 SQUARE FEET FOR A TOTAL OF 41,566 SQUARE FEET. FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE SELECTED PROPERTIES LOCATED AT APPROXIMATELY 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET WITHIN THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)" FROM "76-12-0" URBAN CORE ZONE TO "76-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 3815 & 3840 NE Miami Court, 3825, 3852 & 3900 North Miami Avenue, 30 & 50 NE 39th Street; 20, 21, 28 NW 39th Street, and 4100 & 4039 NE 1st Avenue; 3720 Biscayne Boulevard and 299 NE 38th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones — District 5] Applicant(s): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities Described in Exhibit "B" and the City of Miami. One Southeast Third Avenue, Suite 2500 Miami, FL 33131 (305)374-5600 Purpose: This will allow additional 12 parcels for a total development of approximately 21.06 acres for the "Miami Design District Retail Street SAP" Planning and Zoning Department Recommendation: Approval with conditions. Planning, Zoning and Appeals Board: Continued on June 19, 2013. L I - q uo a 3- Sdem I'441- P& �I �S*UAf- pJAN11,13, a3ri 113 4J AgxAS Eo,�Vd r4&SkQ,+ Submitted into the ublic recor for 'tem(s) on ( City Clerk ANALYSIS AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL AREA PLAN for "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)" LEGISTAR FILE 10: 11-01196ap1 LOCATION: The "Miami Design District Retail Street Special Area Plan (SAP)" as approved on July 26, 2012 (Ordinance No. 13334) consists of selected parcels reaching a total of approximately 19.08 acre; rd within the bounds set by Northeast 43 Street and Northeast 42"d Street to the north, North 1h Federal Highway and Biscayne Boulevard to the East, Northeast 38 Street to the south, and by Northeast Miami Court and North Miami Avenue to the west, Miami, Florida. PROJECT PROFILE: This amendment incorporates to the previously approved "Miami Design District Retail Street Special Area Plan (SAP)" twelve (12) additional properties to be developed in compliance with all applicable regulations imposed by the Appendix F of the Miami 21 Code, as amended, Regulating Plan ,and the correspondent Concept Plan . The intent of this Special Area Plan (SAP) lingers as it proposes a mix of commercial, office, residential and lodging uses and associated open and parking areas, with the following modifications: A) Adding approximately 86,263 square feet (1.98 acres) of lot area split among twelve (12) additional parcels for a total combined lot area of 917,495 square feet: (21.06 acres) split among a total of sixty three (63) parcels; 1% B) Increasing commercial space by approximately 422,971 square feet for a total of l 1,374,689 square feet; �.../ C) Increasing residential units by approximately 489 units for a total of 561 units; ,v D) Decreasing hotel keys by one (1) for a total of 52 keys; E) Increasing parking spaces by approximately 1,181 spaces above ground and below grade for a total of 3,752 spaces; F) Increasing open space by approximately 1,764 square feet for a total of 41,566 square feet; G) Amending the Zoning Atlas of Ordinance No 13114, by changing the zoning classification of the selected property located at approximately 3725 Biscayne Blvd. and 229 NE 38`h St. within the previously approved "Miami Design District Retail Street Submitted into the public recor for i em(s) L�____�� 15 on City Clerk Special Area Plan (SAP)" from 76-12-0" Urban Core -12 Open -Transect Zone to "T6-24-0" Urban Core -24 Open -Transect Zone The analysis for this proposal, based on the Miami 21 Code, the Zoning Ordinance of City of Miami, is considered an amendment to the previously approved Special Area Plan, approved pursuant to ARTICLE 3, Section 3.9, and Article 7, Section 7.1.2.8, which allows parcels greater than nine (9) abutting acres in size to be master planned to allow a greater integration of public improvements and infrastructure, and greater flexibility so as to result in higher or specialized quality building and streetscape design. FINDINGS: • In determining the appropriateness of the proposed amendment to the "Miami Design District Retail Street Special Area Plan (SAP)", the Planning Department reviewed this proposal for compliance and coherency with the previously approved Special Area Plan. The "Miami Design District Retail Street Special Area Plan (SAP)" as herein amended is comprised of the properties shown in the following table: Table 1: Miami Design District Retail Street Special Area Plan (SAP): Properties and zoning classification Ppty# Address Folio Number Zoning Classification From To (With SAP provision) 1 90 N E 39th Street 01-3124-029-0130 T612-0 T612-0 2 100 N E 39th Street 01-3124-030-0210 T612-0 T612-0 2 105 N E 38th Street 01-3124-033-0110 T612-0 T612-0 2 3821 NE 1st Avenue 01-3124-033-0090 T612-0 T612-0 2 3801 NE 1st Avenue 01-3124-033-0120 T6 12-0 T612-0 2 3801 NE 1st Avenue 01-3124-033-0100 T612-0 T6 12-0 3 108 NE 39th Street 01-3124-030-0200 T612-0 T612-0 4 140 N E 39th Street 01-3124-030-0170 T612-0 T612-0 5 3821 NE 1st Court 01-3124-033-0010 T6 12-0 T612-0 6 3821 NE 1st Court 01-3124-033-0130 T612-0 T612-0 7 180 NE 39th Street 01-3124-030-0100 T612-0 T6 12-0 8 3841 NE 2nd Avenue 01-3219-011-0100 T612-0 T612-0 9 3725 Biscayne Blvd 01-3219-045-0010 T6 12-0 T624-0 10 299 NE 38th Street 01-3219-011-0330 T612-0 T624-0 11 92 N E 40th Street 01-3124-027-0270 T612-0 T6 12-0 Page 2of7 6 Submitted into the blic 2��- 12 rec for i em(s) �J on I City Clerk Table 1: Miami Design District Retail Street Special Area Plan (SAP): Properties and zoning classification (Cont.) Ppty# Address Folio Number Zoning Classification From To (With SAP provision) 12 99 NE 39th Street 01-3124-029-001 0 T612-0 T612-0 13 101 NE 39th Street 01-3124-030-0090 T612-0 T612-0 13 100 NE 40th Street 01-3124-028-0160 T612-0 T612-0 13 108 NE 40th Street 01-3124-028-0150 T612-0 T612-0 14 119 NE 39th Street 01-3124-030-0080 T6 12-0 T6 12-0 15 139 NE 39th Street 01-3124-030-0060 T6 12-0 T612-0 16 163 NE 39th Street 01-3124-030-0050 T612-0 T612-0 17 150 NE 40th Street 01-3124-028-0080 T5-0 T5-0 18 160 NE 40th Street 01-3124-028-0060 T5-0 T5-0 18 154 N E 40th Street 01 -3124-028-0070 T5-0 T5-0 19 170 NE 40th Street 01-3124-028-0040 T5-0 T5-0 20 3930 NE 2nd Avenue 01-3124-028-0010 T5-OO6-1 T5-0176-12-0 21 201 NE 39th Street 01-3219-012-0010 T612-0 T612-0 22 81 N E 40th Street 01-3124-027-0130 T6-8-0 T6-8-0 23 95 NE 40th Street 01-3124-027-0120 T6-8-0 T6-8-0 24 151 N E 40th Street 01-3124-027-0060 T5-0 T5-0 25 155 NE 40th Street 01-3124-027-0040 T5-0 T5-0 26 175 NE 40th Street 01-3124-025-0020 T5-0 T5-0 27 4040 NE 2nd Avenue 01-3124-027-0020 T5-0 T5-0 28 34 NE 41 st Street 01-3124-024-1420 T5-0 T5-0 29 42 NE 41 st Street 01-3124-024-1410 T5-0 T5-0 30 56 N E 41 st Street 01 -3124-024-1400 T5-0 T5-0 31 60 NE 41st Street 01-3124-024-1390 T5-0 T5-0 32 80 NE 41st Street 01-3124-024-1380 T5-0 T5-0 33 84 NE 41st Street 01-3124-024-1370 T5-0 T5-0 34 90 NE 41st Street 01-3124-024-1360 T5-0 T5-0 35 140 NE 41st Street 01-3124-024-1500 T5-0 T5-0 36 144 N E 41 st Street 01-3124-024-1490 T5-0 T5-0 37 150 NE 41st Street 01-3124-024-1480 T5-0 T5 -O 38 158 NE 41st Street 01-3124-024-1470 T5-0 T5-0 9 3 N E 41 st Street 01-3124-024-1320 - T4-0 4 61 NE 41st Street 01-3124-024-1330 T4-0 T4-0 77 NE 41st Street 01-3124-024-1340 T4-0 T - 42 115 NE 41st Street 01-3124-024-1150 T5-0 T5-0 43 135 NE 41st Street 01-3124-024-1160 T5-0 T5-0 44 150 NE 42nd Street 01-3124-024-1550 T5-0 T5-0 45 4100 NE 2nd Ave 01-3124-024-1560 T5-0 T5-0 Page 3 of 7 E Submitted into the public 12 recor for i em(s) Cit}, Clerk LJ 0 Table 1: Miami Design District Retail Street Special Area Plan (SAP): Properties and zoning classification (Cont.) Ppty# Address Folio Number Zoning From Classification To (With SAP provision) 46 4141 NE 2nd Ave 01-3219-009-0010 T5-0 T5-0 47 4200 NE 2nd Ave 01-3124-024-0930 T4 -L T4-0 48 4218 NE 2nd Ave 01-3124-024-0940 T4-0 T4-0 49 4240 NE 2nd Ave 01-3124-024-0950 T4-0 T4-0 50 3800 NE 1 st Ave 01-3124-033-0240 T6-12-0 T6-12-0 51 35 NE 38th Street 01-3124-033-0370 T6-12-0 T6-12-0 52 3815 NE Miami Court 01-3124-033-0390 T-6-12-0 T-6-12-0 53 50 N E 39 Street 01-3124-029-0150 T-6-12-0 T-6-12-0 54 30 NE 39 Street 01-3124-029-0160 T-6-12-0 T-6-12-0 55 3840 N E Miami Court 01-3124-026-0220 T-6-12-0 T-6-12-0 56 10 NE 39 St/ 3825N Miami Ave 01-3124-029-0170 T-6-12-0 T-6-12-0 57 3850 /3852 N Miami Ave 01-3124-021-0940 T-6-12-0 T-6-12-0 58 20 NW 39 Street 01-3124-021-0950 T4 -L T4 -L 59 28 NW 39 Street 01-3124-021-0960 T4 -L T4 -L 60 3900 N Miami Ave 01-3124-021-0580 T-6-12-0 T-6-12-0 61 .21 NW 39 Street 01-3124-021-0570 T4 -L T4 -L 62 4100 NE 1 Ave 01-3124-024-1350 T4-0 T4-0 63 4039 NE 1 Ave 01-3124-024-1540 T5-0 T5-0 (1) Parcel proposed to change the zoning designation (2) Parcels incorporated to the "Miami Design District Retail Street Special Area Plan (SAP)" Table 2: Summary of changes proposed on this first amendment to "Miami Design District Retail Street Special Area Plan (SAP)" Program / Parcel Originally approved Proposed on this amendment Increase/Decrease Provided Aggregate SAP area 831,232 s.f. 86,263 s.f. 917,495 s.f. 19.08 acres 1.98 acres 21.06 acres Commercial Space 951,718 s.f. 422,971 s.f. 1,374,689 s.f. Residential Units 72 units 489 units 561 units Hotel Keys 53 (1) 52 Parking Spaces 2,571 1,181 3,752 Open Space 39,802 s.f. 1,764 s.f. 41,566 s.f. 3725 Biscayne Blvd. and 229 NE 38th St. T6-12-0 T6-24-0 Page 4 of 7 Submitted into the ub"c recor for i m(S) Cit}, Clerk 0 • The proposed modification to the zoning classification for the parcel No.9 (3725 Biscayne Blvd.) is consistent with the FLUM, hence it does not require modification on the land use classification. • The modification proposed includes precisions and clarification to the Regulating Plan and the Conceptual Plan consistent with the intent and purpose of the "Miami Design District Retail Street Special Area Plan (SAP)". • The proposed SAP as amended will benefit the area by creating and enhanced program of residential units, hotel rooms, commercial uses, as well as civic and open space for the enjoyment of the general public, generating public benefits within the development, resulting in higher or specialized quality building and streetscape design. • The SAP as amended keep the intent and concept to provide mixed-use, pedestrian oriented retail areas within an urban development, meeting the Miami 21 development concept in the interaction with the surrounding areas of Miami. • This project as amended is deemed critically important to the economic revitalization and enhancement of the Miami Design District area, and consequently a positive impact to the City in general, creating recurring and nonrecurring financial benefits as well as temporary and permanent jobs. CONDITIONS: Based on analysis and findings, the Planning Department recommends approval of the amendment to the previously approved "Miami Design District Retail Street" SAP with the following conditions: 1) 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. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the SAP security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating applicant's coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the 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. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the SAP has addressed all concerns of the said Department prior to the obtaining a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City prior to the issuance of Page 5 of 7 Submitted into the public i 2 recor for ' ern(s) I--� on City ci,r.lr any building permit, with the understanding that the Applicant must use its best efforts to follow the provisions of the City's MinoritylWomen Business Affairs and Procurement Program as a guide, as applicable. 6) 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 a) 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 b) Record in the Public Records a 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. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that addresses construction phasing and includes the following elements: • Temporary construction parking plan, with an enforcement policy; • Construction noise management plan with an enforcement policy; and • 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 permits and shall be enforced during 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 or revocatiori of this SAP. As applicable, Developer Parties and Retail Developer Party, as defined in the approved Miami Design District Retail Street SAP, 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 approval no later than two weeks prior to implementation of requested change or modification. 9) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning Department for review and approval: • Updated Sufficiency Letter from the City of Miami, Office of Transportation. • Final determination of Public School Concurrency and Capacity Reservation. • Proof of compliance with conditions established by the following department or agencies, specifically: o City and County Public Works Departments o Miami -Dade County Water and Sewer o Miami -Dade County Traffic Engineering Division o Florida Department of Transportation (FDOT) Page 6 of 7 Submitted into the ublic record for i (s) •13 on City Cler 10) The "Miami Design District Retail Street includes a Development Review Process which addresses the build out of the individual Buildings as identified in the Regulating Plan. All development within this SAP shall be submitted for review and approval by the Planning and Zoning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9.1 .g. of Miami 21 and the SAP. 11) 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, which 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. 12) The applicant shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state and federal regulations. 13) Within 90 days of the effective date of this Ordinance, 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. Page 7 of 7 EXISTING ZONING NW 44TH ST NW 42ND ST ISO r B.■ .a�I T3 -R T6 -8A a h' z5ol 22 23 r j 25 I id - NW 40TH ST NE 40TH ST T4-L�-- I €) N p I y 21 12 � 13 15 � z. x ST _.. ... _.. ST > 10 8 `NE 39TH {I _ T6 -12-L g T612 -O; .. 7._r-_) �_� Ib -L4 -U 0 150 300 600 Fee T6-24-01 A NE 39TH ST TS -R NE 36TH ST W Q T6�36A-O T6-36A�L w ADDRESSES SEE EXHIBIT "A" PROPOSED ZONING EEi + EL -1 NE 44TH STNW 44TH T3 -L " IMT3 4-L''T4-L r --j T3 -Ll _ r NE 43RD ST 49 1` T3 -R NW 42ND ST T3 -L cl T6-8-0 1 NE 42ND ST 1 y L I 44 �� 40 42 45 46 41 62 NE41STSTdl-r 31 ' 38 �X i �1_- 27 3 EFF5-0122 23 �I 25i' ! l i L_ ,cl NW 40TH ST NE 40TH ST i 1 7 ' T4 L w I T� 1 1�� HE 39TH ST T4--R- au 4 R --- - z t 12 13 15 0 NW 39TH ST ST p 2 _LLL T4-OT6-12-0 4 T6-12-Li;4i � 51 50 6 T6-240 z L STH T6-12-0 j I 1 TSO z NE 36TH ST +y Ts -24-0 " -7 _ 0 150 300 600 Fee T6-36A-O�6A� AV W I I r I I 1 I ADDRESSES: SEE EXHIBIT "A" ',NW 44TH Sjj 1-1 ioz 71 pm"riqc k rAlolf m 43RD ST j 149 NW41NDST 47 �0-NE42NE�ST- AM Jtl T 44 4V 45 'M 39 '40 C42! 43M 61 1 J. �1- 10 46,�- NE4ISTSj,!r- * 44 on I 12T - ML wr 28 29 30 3k 3334 2 35 36 37 38 L27"' 22 23 24 25 26 NW 40TH ST .NEST c. 7 1 19 20 61 60 —4 p, 18 18 i9 12 104 6 4 -il NE 39TH ST 10 54 .53 59 58 57 31 56 8 55 52 7 2 NE 38TH ST 5 4 51 ..So 9 NE 38TH ST AMMO o 47 -ot NE 36TH ST I IL 0 Feet E d ADDRESS: SEE EXHIBIT "A 0 Submitted into theX�� crien4 I? � I cam' E Woffd Superintendent of Schools Miami -Dade County School Board Alberto M. Carvalho Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Sendross-Mindingall March 21, 2013 Susie V. Castillo Carlos L. Curbelo Dr, Lawrence S. Feldman VIA ELECTRONIC MAIL Dr. Wilbert 'Tee" Holloway Dr. Marta Mr, Javier E. Fernandez, Esquire Akerman Senterfitt, LLP Raquel A. Regalado lado One Southeast Third Avenue, 25th Floor Miami, FL 33131 Javier fernandez(o)-akerman.com RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA P—11-01196ap1 LOCATED APPROXIMATELY AT NE 39 STREET AND NE MIAMI COURT PH0113031500214 - FOLIO Nos.: 0131240330390, 0131240290150, 0131240290160, 0131240260220,0131240290170,0131240210940, 0131240210950,0131240210960,0131240210580, 0131240210570,0131240241350,0132190241540 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 258 multi -family units, which generate 43 students; 23 elementary, 10 middle and 10 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to ?fan M. R Director I IMR:ir L-414 Enclosure ct me at 305-995-4501. cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco -Sustainability Officer- 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • arijo@dadeschools.net S,IIh,nitted into the publiC IJ or for i em(s) City Clerk 0n Co turre y Nkmagemal Sys -j+1 MS) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application PHO113031500214 Local Government (LG): Miami Number: Date Application 3/15/2013 3:25:14 PM LG Application Number: 11-01196ap1 Received: T.,-- -F Anr.lir�fir.nDV�lir LI.»rin,. Ci4. T.,no. 7nninn Applicant's Name: Miami Design District Retail Street Special Area P Address/Location: 3841 NE 2nd Avenue, 4th Floor, Miami, FL 33137 Master Folio Number: 0131240330390 Additional Folio Number 0131240290150, 0131240290160, 0131240260220, 01 31 2402 901 70, 0131240210940, (s); 0131240210950, 0131240210960, 0131240210580, 0131240210570, 0131240241350, 0132190241540, PROPOSED # OF UNITS 258 SINGLE-FAMILY 0 DETACHED UNITS: SINGLE-FAMILY 0 ATTACHED UNITS: MULTIFAMILY UNITS: 258 2351 JENEIDA MASSAS HARTNER 45 ;ELEMENTARY 6361 (JOSE DE DIEGO MIDDLE (219 7791—IBOOKER T WASHINGTON SENIOR 11782 23 (23 YES Current II CSA 1010 YES i current IFccCSA CSA 10 1Q YES ent *An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). 1DCPS has conducted a preliminary public school concurrency review of this application; please see results bove. A final determination of public school concurrency and capacity reservation will be made at the time of pproval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC ;CHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net Submitted into theu is 12 recor for it (s) I� timCity Clerk DrCity of Miami Legislation PZAB Resolution File Number: 11-01196apl City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 & 3840 NORTHEAST MIAMI COURT; 3825, 3852 & 3900 NORTH MIAMI AVENUE; 20, 21, 28, NORTHWEST 39TH STREET; 30 & 50 NORTHEAST 39TH STREET AND 4100 & 4039 NORTHEAST 1 ST AVENUE, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A"; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 86,263 SQUARE FEET (1.98 ACRES) OF LOT AREA SPLIT AMONG 12 ADDITIONAL PARCELS FOR A TOTAL COMBINED LOT AREA OF 917,495 SQUARE FEET: (21.06 ACRES) SPLIT AMONG SIXTY THREE (63) PARCELS; B) INCREASING COMMERCIAL SPACE BY APPROXIMATELY 422,971 SQUARE FEET FOR ATOTAL OF 1,374,689 SQUARE FEET; C) INCREASING RESIDENTIAL UNITS BY APPROXIMATELY 489 UNITS FOR A TOTAL OF 561 UNITS; D) DECREASING HOTEL KEYS BY ONE (1) FORATOTAL OF 52 KEYS; E) INCREASING PARKING SPACES BY APPROXIMATELY 1,181 SPACES ABOVE GROUND AND BELOW GRADE FOR A TOTAL OF 3,752 SPACES; F) INCREASING OPEN SPACE BY APPROXIMATELY 1,764 SQUARE FEET FORA TOTAL OF 41,566 SQUARE FEET. FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE SELECTED PROPERTIES LOCATED AT APPROXIMATELY 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET WITHIN THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)" FROM 76-12-0" URBAN CORE ZONE TO 76-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3815 & 3840 NE Miami Court; 3825, 3852 & 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 & 50 NE 39th Street and 4100 & 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): City of'Miand Page I of'6 File Id: I1-01196apl (Version: 1) Printed On: 6/13/2013 Submitted into the public �� 13 record or i m(s) on City Clerk File Number: 11-01196ap1 PLANNING DEPARTMENT: Recommends approval with conditions". "See supporting documentation. PURPOSE: This will allow additional 12 parcels for a total development of approximately 21.06 acres for the "Miami Design District Retail Street SAP". WHEREAS, the original "Miami Design District Retail Street" is a 19.08 acre Special Area Plan ("SAP") approved on July 26, 2012 (Ordinance No. 13334); pursuant to Article 3 and Article 7of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, ("Zoning Ordinance"), with current general boundaries of NE 43rd Street to the North, North Federal Highway and Biscayne Blvd -- totheEast NE38thStreet to -the -South, and -NE _Miami_Court and -North -Miami Avenue _to -the West, Miami, Florida; and WHEREAS, the applicant wishes to amend the SAP Regulating Plan and Concept Book by adding 12 new properties and adjusting the original development program to include additional 86,263 square feet of lot area for a new lot area total of 917,495 square feet or approximately 21.06 acres, said parcels located approximately 3815 & 3840 NE Miami Court; 3825, 3852 & 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 & 50 NE 39th Street and 4100 & 4039 NE 1 stAvenue, Miami Florida; and WHEREAS, the amended SAP will change the underlying zoning classification of a selected property from "T6-12-0" Urban Core Zone to "T6-24-0" Urban Core Zone; and WHEREAS, the proposed amended SAP will facilitate redevelopment and benefit the area by creating residential units, hotel rooms, commercial uses, as well as civic and open space for the enjoyment of the general public, and WHEREAS, the amended SAP will integrate 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, in general, and specifically, the Miami Design District area; and WHEREAS, the amended SAP will create certain recurring and nonrecurring financial benefits as well as temporary and permanent jobs; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on _, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-_ by a vote of to item no. _, recommending with conditions of the SAP as set forth; 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 of Miami and its citizens to amend its Zoning Ordinance 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. City of Miami Page 2 of -6 File Id: 11-01196ap1 (Version: 1) Printed On: 6/13/2013 Submitted into the p bli� 1?� reco for i em(s) City Clerk on File Number: 11-01196apl 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 the Exhibit "C": Regulating Plan of the amended SAP which shall be reviewed for approval by Planning and Zoning, as needed. Section 4. The findings of fact set forth below are made with respect to the amended SAP: a. The amended SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. Development proposed in the amended SAP is expected to cost approximately $152 million reaching a total of $443 million -for the entire SAP, exclusive -of land costs and -developer fees. A total of 460 people will be employed at the proposed project, which will stimulate the creation of 300 direct and induced jobs and will generate approximately $2,593,699 annually in recurring and non-recurring benefits to the City (2013 dollars). The total SAP will now result in the creation of in excess of 1,230 FTE (Full Time Employees) permanent new jobs and will generate approximately $4,691,208 annually in tax revenues to the City (2013 dollars)." c. The City Commission further finds that the amended SAP: (1) Will have a favorable impact on the economy of the City; (2) Will efficiently use public transportation facilities; (3) Any potentially adverse effects of the development will be mitigated through compliance with the conditions of this SAP; (4) Will efficiently use existing public or civic spaces; (5) Will not negatively impact the environment and natural resources of the City; (6) Will not adversely affect living conditions in the neighborhood; (7) Will not adversely affect public safety; (8) Based on the record and the evidence presented, the public welfare will be served by the SAP; and (9) Any potentially adverse effects arising from this development not limited to safety and security, fire protection, solid waste, heritage conservation and trees will be mitigated through compliance with the conditions of this amended SAP. Section 5. The amended SAP, inclusive of all exhibits, in particular, the Exhibit "C": Amended Regulating Plan, Exhibit "D": Amended Concept Book, and Exhibit "E": Amended Development Program Spreadsheet, as approved, shall be binding upon the Applicant and any successors in interest. Section 6. The amended application for this SAP, which was submitted on _,2013 and on file with the Hearing Boards Section of the Planning Department, shall be relied upon generally for administrative interpretations and is incorporated herein by reference. Section 7. The City Manager is directed to instruct the Planning Director to transmit a copy of this Ordinance and attachments to the Applicant upon final approval. Section 8. The Findings of Fact and Conclusions of Law are made with respect to the SAP as described in the record, herein, and in documents incorporated hereto. Section 9. The amended SAP for the "Miami Design District Retail Street" is granted and City of'Miand Page 3 of'6 File Id: 11-01196ap1 (Version: 1) Printed On: 6/13/2013 Submitted into thep blic 2 � l record for ' em(s) on City Clerk File Number. 11-01196ap1 approved. Section 10. 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 SAP which shall remain in full force and effect. Section 11. The provisions for this Ordinance, as approved, shall become effective thirty (30) days after the final adoption of the Ordinance. Section 12. The Zoning Ordinance is hereby amended by changing Appendix F: Miami Design District Retail Street Special Area Plan" to said Ordinance, as follow and incorporating: the amended SAP: APPENDIX F: "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" AS AMENDED Which includes: Development Agreement Applicants Amended Regulating Plan Amended Concept Book, Amended Development Program Spreadsheet CONDITIONS Based on analysis and findings, the Planning Department recommends approval of the proposed amendment to the "Miami Design District Retail Street" SAP with the following conditions: 1) 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. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the amended SAP security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating applicant's coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the amended 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. City of Miami Page 4 of 6 File Id: 17-01196ap1 (Version: I) Printed On: 6/13/2013 Submitted into the public I� recorcf for i m(s) — on 2 City Clerk File Number: 11-01196apl 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the SAP has addressed all concerns of the said Department prior to the obtaining a shell permit. 5) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of any building permit: 6) Record in the Public Records: a. 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. A 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. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that addresses construction phasing and includes the following elements: Temporary construction parking plan, with an enforcement policy; Construction noise management plan with an enforcement policy; and 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 permits and shall be enforced during 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 or revocation of this SAP. As applicable, Developer Parties and Retail Developer Party, as defined in the approved amended Miami Design District Retail Street SAP, 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 approval no later than two weeks prior to implementation of requested change or modification. 9) Prior to the issuance of any building permit, the applicant shall provide the Planning and Zoning Department for review and approval: Sufficiency Letter from the City of Miami, Office of Transportation. Final determination of Public School Concurrency and Capacity Reservation. Proof of compliance with conditions established by the following department or agencies, specifically: o City and County Public Works Departments o Miami -Dade County Water and Sewer o Miami -Dade County Traffic Engineering Division o Florida Department of Transportation (FDOT); and o Other agencies as needed 10) The amended "Miami Design District Retail Street SAP" includes a Development Review Process City of'Mimni Page 5 of 6 File Id: 11-01196ap1 (Version: 1) Printed On: 6/13/2013 Submitted into the ublic r� recd for item(s) lJ n City Clerk File Number: 11-01196apl which addresses the build out of the individual Buildings as identified in the Regulating Plan. All development within this SAP shall be submitted for review and approval by the Planning and Zoning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9.1.(g) of Miami 21 and the SAP. 11) 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, which 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. 12) The applicant shall meet conditions identified in this Ordinance, with the amended SAP and all applicable local, state and federal regulations. 13) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement associated with this SAP, specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly 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 "Miami Design District Retail Street (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 Zoning Ordinance, the Miami 21 Code. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: (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 upon the effective date stated herein, whichever is later. City of'Miaini Page 6 of'6 File Id. 11-01196ap1 (Version: 1) Printed On: 611312013