HomeMy WebLinkAboutOrdinance No. 13505Vop City of Miami
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° R `O Ordinance: 13505
File Number: 11-01196ap2
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/12/2015
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 220 NORTHEAST 43RD STREET,
MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, PROPOSING: A) ADDING APPROXIMATELY 80,976 SQUARE
FEET (1.86 ACRES) OF LOT AREA SPLIT AMONG TWO (2) ADDITIONAL
PARCELS FOR A TOTAL COMBINED LOT AREA OF 995,668 SQUARE FEET
(22.86 ACRES); B) INCREASING THE APPROVED FLOOR AREA BY
APPROXIMATELY 350,000 SQUARE FEET FOR A TOTAL OF APPROXIMATELY
3,049,095; C) INCREASING THE CIVIC SPACE BY APPROXIMATELY 4,049
SQUARE FEET FOR ATOTAL OF 49,924 SQUARE FEET; D) INCREASING THE
OPEN SPACE BY APPROXIMATELY 5,264 SQUARE FEET FOR A TOTAL OF
58,740 SQUARE FEET (OR 38,181 SQUARE FEET WITH MITIGATION PAYMENTS
PER DEVELOPMENT AGREEMENT); AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE
ABOVE REFERENCED PROPERTIES FROM 73-L" SUB -URBAN TRANSECT
ZONE LIMITED AND "Cl" CIVIC INSTITUTIONAL ZONE TO 74-L" GENERAL
URBAN TRANSECT ZONE LIMITED AND 75-0" URBAN CENTER TRANSECT
ZONE OPEN; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY
INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE
7 SECTION 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.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 17, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-084
by a vote of eleven to zero (11-0), item no. PZAB.4, recommending APPROVAL of the conditions of
the Special Area Plan ("SAP") as set forth herein; and
WHEREAS, the original "Miami Design District Retail Street" is a 19.08 acre SAP approved on
July 26, 2012, (Ordinance No. 13334) pursuant to Article 3 and Article 7 of the Miami 21 Code, the
Zoning Ordinance of the City of Miami, Florida, ("Zoning Ordinance"), with current general boundaries
of Northeast 43rd Street to the North, North Federal Highway and Biscayne Boulevard to the East,
Northeast 38th Street to the South, and Northeast 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
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adding two (2) new properties and adjusting 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 22.86 acres, and said parcels are approximately located at 220 Northeast 43rd Street,
Miami, Florida; and
WHEREAS, the amended SAP will change the underlying zoning classification of a selected
property from 73-L" Sub -Urban Zone and "Cl" Civic Institutional Zone to 74-L" General Urban Zone
and 75-0" Urban Center Zone; and
WHEREAS, the proposed amended SAP will facilitate redevelopment and benefit 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 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 of Miami ("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 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 inhabitants to amend its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as 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 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 $46.25
million, reaching a total of $489.25 million for the entire SAP, exclusive of land costs and developer
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fees. A total of 216 people will be employed at the proposed project, which will stimulate the creation
of 140 direct and indirect jobs, and will generate approximately $1,351,344 annually in recurring and
non-recurring benefits to the City (2014 dollars). The total SAP will now result in the creation of an
excess of 140 FTE (Full Time Employees) permanent new jobs and will generate approximately
$472,556 annually in tax revenues to the City (2014 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, 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 July 17, 2014, and
on file with Planning and Zoning, Hearing Boards Section, 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
amended 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
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 amended 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
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Design District Retail Street Special Area Plan" to said Ordinance, as follows and incorporating the
amended SAP:
APPENDIX F: "MIAMI DESIGN DISTRICT RETAIL STREET SPECIALAREA 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 analysis and findings, Planning and Zoning recommends approval of the proposed
amendment to the "Miami Design District Retail Street" SAP with the following conditions which are
adopted by the City Commission as conditions of the amended SAP:
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. The Applicant shall
submit a report to Planning and Zoning, prior to commencement of any 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 the
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.
4) Obtain approval from or provide a letter of assurance from the Department of Solid Waste that the
amended SAP has addressed all concerns of said Department prior to obtaining a shell permit.
5) Obtain approval from or provide a letter of assurance from the Department of Public Works that the
subject property has received final plat approval.
6) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of
any building permit:
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
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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 Planning and Zoning with a recorded copy of the
documents mentioned in condition (6) above.
8) Provide Planning and Zoning 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 Planning and Zoning 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 amended 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 (2) weeks prior to implementation of requested change or
modification.
9) Prior to the issuance of any building permit, the Applicant shall provide Planning and Zoning for
review and approval:
Sufficiency Letter from the City's 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:
• City's Public Works Department
• Miami -Dade County Public Works and Waste Management Department
• Miami -Dade County Water and Sewer Department
• Miami -Dade County Traffic Engineering Division
• Florida Department of Transportation
• Other agencies as needed
10) The amended "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 amended SAP shall be submitted for review and approval by the Planning
Director 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 amended 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
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plan shall include a proposed timetable and shall be subject to review and approval by the Planning
Director.
12) The Applicant shall meet the 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, the Applicant shall record a certified copy
of the Development Agreement associated with this amended 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.
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, and complies with local land development regulations pursuant to the Zoning
Ordinance, the Miami 21 Code.
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.
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