HomeMy WebLinkAboutOrdinance No. 13334Vop City of Miami
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° R `O Ordinance: 13334
File Number: 11-01196ap
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/26/2012
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,
REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY
19.08 ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL
AREA PLAN ("SAP")", COMPRISED OF SELECTED PARCELS, BOUND
APPROXIMATELY BY NORTHEAST 43RD STREET AND NORTHEAST 42ND
STREET TO THE NORTH, NORTH FEDERAL HIGHWAY AND BISCAYNE
BOULEVARD TO THE EAST, NORTHEAST 38TH STREET TO THE SOUTH, AND
BY NORTHEAST MIAMI COURTAND NORTH MIAMI AVENUE TO THE WEST,
MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", CONSISTING OF
APPROXIMATELY 1,109,488 SQUARE FEET OF FLOOR AREA SPLIT AMONG 51
PARCELS: A) APPROXIMATELY 951,718 SQUARE FEET OF EXISTING AND
PROPOSED COMMERCIAL SPACE; B) APPROXIMATELY 96 RESIDENTIAL
UNITS; C) APPROXIMATELY 53 HOTEL UNITS; D) APPROXIMATELY 2,571
ABOVE GROUND AND BELOW GRADE PARKING SPACES; E) APPROXIMATELY
41,735 SQUARE FEET OF CIVIC SPACE; AND F) APPROXIMATELY 35,191
SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the "Miami Design District Retail Street Special Area Plan ("SAP")" consists of
approximately 19.08 acres of selected parcels; as described in Exhibit "A", qualifying as a SAP
pursuant to Article 3, Section 3.9 of the Miami 21 Code, ("Zoning Ordinance"),
WHEREAS, the aforementioned location for the proposed SAP currently contains disperse
underutilized buildings and vacant lots. The entire development will consist of approximately
1,109,488 square feet of floor area split among 51 parcels: A) Approximately 951,718 square feet of
existing and proposed commercial space; B) Approximately 96 residential units; C) 53 hotel units; D)
Approximately 2,571 above ground and below grade parking spaces; E) Approximately 41,735
square feet of civic space; and F) Approximately 35,191 square feet of open space, within and in
alternate locations in close proximity to SAP area; and
WHEREAS, the proposed SAP will facilitate the 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 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
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WHEREAS, the 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 June 6, 2012,
following an advertised public hearing, adopted Resolution No. PZAB-R-12-025 by a vote of nine to
zero (9-0), item no. 6, recommending APPROVAL 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.
Section 2. The SAP attached hereto, is approved subject to the conditions specified herein.
Section 3. The SAP includes lower ranking SAP Permits as set forth in the Exhibit "C":
Regulating Plan of the 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 subject SAP:
a. The SAP is consistent with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. Development proposed in the SAP is expected to cost approximately $312 million, exclusive
of land costs and developer fees, and create approximately 2,000 construction jobs during a
construction period of approximately four years. The project will also result in the creation of
approximately 1,230 FTE (Full Time Employees) permanent new jobs and will generate approximately
$ 3,265,300 annually in tax revenues to the City (2012 dollars).
c. The City Commission further finds that:
(1) The SAP will have a favorable impact on the economy of the City;
(2) The SAP 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) The SAP will efficiently use existing public or civic spaces;
(5) The SAP will not negatively impact the environment and natural resources of the City;
(6) The SAP will not adversely affect living conditions in the neighborhood;
(7) The SAP 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 SAP.
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Section 5. The SAP, inclusive of all exhibits, in particular, the Exhibit "C": Regulating Plan and
Exhibit "D": Concept Book, as approved, shall be binding upon the Applicant and any successors in
interest.
Section 6. The application for this SAP, which was submitted on December 14, 2011 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 SAP for the "Miami Design District Retail Street" is granted and approved.
Section 10. Severability. In the event that any portion or section of this Ordinance or the 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 adding "Appendix F: Miami Design
District Retail Street Special Area Plan" to said Ordinance, as follow:
APPENDIX F: "MIAMI DESIGN DISTRICT RETAIL STREET SPECIALAREA PLAN"
Which includes:
Development Agreement
Applicants
Regulating Plan
Concept Book
CONDITIONS
Based on analysis and findings, the Planning Department recommends approval of 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,
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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) 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 "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
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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 "Miami Design District Retail Street SAP" 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 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 "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.
Footnotes:
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File Number: 11-01196ap
Enactment Number: 13334
{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.
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