HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY REZONING CERTAIN
PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.25
ACRES (359,661 SQUARE FEET) FOR THE "MIAMI PRODUCE
SPECIAL AREA PLAN" ("SAP") LOCATED AT APPROXIMATELY 2140
NORTHWEST 12 AVENUE, 1243 NORTHWEST 21 STREET, AND 1215
NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED ("PROPERTY"); THE SAP CONSISTS OF A PHASED
PROJECT WHICH INCLUDES APPROXIMATELY 1,200 RESIDENTIAL
DWELLING UNITS, 227 LODGING UNITS, 230,886 SQUARE FEET OF
OFFICE SPACE, 96,976 SQUARE FEET OF COMMERCIAL SPACE,
54,171 SQUARE FEET OF EDUCATIONAL USES, AND 1,078 PARKING
SPACES; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND
MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT
SHALL NOT EXCEED 1,237 RESIDENTIAL DWELLING UNITS, SHALL
NOT EXCEED 2,877,288 SQUARE FEET OF TOTAL DEVELOPMENT
FLOOR LOT RATIO, SHALL CONTAIN A MINIMUM OF 35,966 SQUARE
FEET OF OPEN SPACE, AND SHALL CONTAIN A MINIMUM OF 17,983
SQUARE FEET OF CIVIC SPACE; THE SAP WILL MODIFY THE
TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE
SUBJECT PARCELS AND WHERE A REGULATION IS NOT
SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND
RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER BY
CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY
FROM "D2," INDUSTRIAL DISTRICT TRANSECT ZONE, TO "76-12-0,"
URBAN CORE — OPEN TRANSECT ZONE, AS FURTHER DESCRIBED
IN THE REGULATING PLAN AND CONCEPT BOOK, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; 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 2140 NW 12 Ave, 243 NW 21 St AND 1215 NW 21 St
[Commissioner Wifredo (Willy) Gort - District 1 ]
APPLICANT(S): Javier Avino, Esquire, on behalf of Miami Produce Center, LLC
PURPOSE: This will allow the subject site to be Master Planned to allow a greater integration of
public improvements and infrastructure and greater flexibility as part of the "Miami Produce
Special Area Plan (SAP)." This will be accomplished through a rezoning from D2 to T6-12-0,
and the adoption of new regulations.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on
February 6, 2019, by a vote of 8-2.
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
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Enactment Number:13837
File Number: 5526 Final Action Date: 4/25/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY REZONING CERTAIN
PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.25 ACRES
(359,661 SQUARE FEET) FOR THE "MIAMI PRODUCE SPECIAL AREA
PLAN" ("SAP") LOCATED AT APPROXIMATELY 2140 NORTHWEST 12
AVENUE, 1243 NORTHWEST 21 STREET, AND 1215 NORTHWEST 21
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY'); THE
SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES
APPROXIMATELY 1,200 RESIDENTIAL DWELLING UNITS, 227
LODGING UNITS, 230,886 SQUARE FEET OF OFFICE SPACE, 96,976
SQUARE FEET OF COMMERCIAL SPACE, 54,171 SQUARE FEET OF
EDUCATIONAL USES, AND 1,078 PARKING SPACES; THE SQUARE
FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR
DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED
1,237 RESIDENTIAL DWELLING UNITS, SHALL NOT EXCEED 2,877,288
SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO, SHALL
CONTAIN A MINIMUM OF 35,966 SQUARE FEET OF OPEN SPACE, AND
SHALL CONTAIN A MINIMUM OF 17,983 SQUARE FEET OF CIVIC
SPACE; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS
THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A
REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE
REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL
APPLY; FURTHER BY CHANGING THE ZONING CLASSIFICATION OF
THE PROPERTY FROM "D2," INDUSTRIAL DISTRICT TRANSECT ZONE,
TO "76-12-0," URBAN CORE — OPEN TRANSECT ZONE, AS FURTHER
DESCRIBED IN THE REGULATING PLAN AND CONCEPT BOOK,
ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS
OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami Produce Center, LLC ("Applicant") has applied for a Special Area
Plan for the property located at approximately 2140 Northwest 12 Avenue, Miami, Florida with
alternate addresses of 1243 Northwest 21 Street and 1215 Northwest 21 Street, Miami, Florida
under Folio No. 01-3126-066-0010, as more particularly described in Exhibit "A," attached and
incorporated ("Property"), pursuant to the process described in Article 3, Section 3.9 of
Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami
21 Code"), titled "Special Area Plans"; and
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
WHEREAS, the proposed "Miami Produce Special Area Plan" ("SAP") consists of 8.25 ±
acres of land, as more particularly described in Exhibit "A," attached and incorporated; and
WHEREAS, on or about October 26, 2018, upon request and application of the
Applicant, the Office of Zoning issued a Waiver of Final Decision (File ID No. 2018-0163) for the
Property to allow for a nine -percent (9%) reduction of the minimum 9 -acre requirement
established in Article 3, Section 3.9 of the Miami 21 Code for a Special Area Plan; and
WHEREAS, the Property is currently located in a "D2," Industrial District Transect Zone;
and
WHEREAS, as part of the SAP, the Applicant proposes to rezone the Property to 76-
12-0," Urban Core — Open Transect Zone; and
WHEREAS, the Property is generally bounded by Northwest 22 Street to the north,
Northwest 21 Street to the south, Northwest 12 Avenue and the elevated Metrorail to the east,
and Northwest 13 Avenue to the west; and
WHEREAS, the SAP is located in the Allapattah neighborhood and is developed with
three (3) industrial warehouses of the Miami Produce Center; and
WHEREAS, the SAP proposes approximately 1,355,467 square feet of development
consisting of 1,200 residential dwelling units, 227 lodging units, 230,886 square feet of office
space, 96,976 square feet of commercial space, 54,171 square feet of educational uses, 1,078
parking spaces, and 57,129 square feet of civic space; and
WHEREAS, the SAP will facilitate the development of a mixed-use Transit -Oriented
Development ("TOD") comprised of the aforementioned uses; and
WHEREAS, the SAP will integrate public improvements and infrastructure while
providing greater flexibility resulting in a higher quality and specialized building and streetscape
design; and
WHEREAS, projects such as this SAP are important to the economic revitalization and
enhancement of the City of Miami ("City"), in general, and specifically the Allapattah area; and
WHEREAS, the SAP will create certain recurring and non-recurring financial benefits as
well as temporary and permanent jobs; and
WHEREAS, the Applicant has submitted a proposed Regulating Plan and Concept Book
as part of the SAP, attached and incorporated herein as Composite Exhibit "B", which have
been reviewed by the Planning Department; and
WHEREAS, the Planning Department has referred the SAP to the Urban Development
Review Board ("UDRB") and Coordinated Review Committee ("CRC') for their respective
comments; and
WHEREAS, the Planning Department has recommended approval, with conditions, of
the SAP including the Regulating Plan and Concept Book, attached and incorporated herein as
Composite Exhibit "B"; and
WHEREAS, the Planning Department recommends the following conditions as part of
the SAP:
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
1) The development shall be substantially in accordance with the Concept Book
titled "Miami Produce — SAP Zoning Submission" as prepared by Bjarke Ingles Group and
Kimley Horn. The Concept Book consists of 81 pages.
2) The Applicant, owner, or successor shall comply with the requirements of all
applicable departments/agencies involved in the City's building permit submittal process.
3) The Applicant, owner, or 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, including phased permits.
4) The Applicant, owner, or successor must comply with all applicable regulations of
Chapter 24 of the Miami -Dade County Code, as amended, titled "Environmental Regulations."
5) The Applicant, owner, or successor must allow the Miami Police Department
("MPD") to conduct a security survey, at MPD's sole discretion, and to make recommendations
concerning security measures and systems. The Applicant, owner, or successor must submit a
report to the Planning Department prior to commencement of any construction demonstrating
how MPD's recommendations, if any, have been incorporated into the SAP's security and
construction plans or demonstrate to the Planning Director why such recommendations are
impractical.
6) The Applicant, owner, or successor must obtain approval from or provide a letter
from the Department of Fire -Rescue ("Fire") indicating the Applicant's coordination with
members of the Fire Plan Review Section 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.
7) The Applicant, owner, or successor must obtain approval or provide a letter of
assurance from the Department of Solid Waste ("Solid Waste") that the SAP has addressed all
concerns of Solid Waste prior to obtaining any building permit, including phased permits.
8) The Applicant, owner, or successor must show compliance with the Minority
Participation and Employment Plan (including a Contractor / Subcontractor Participation Plan)
which shall be submitted to the City prior to the issuance of any building permit including a
phased permit. The Applicant, owner, or successor shall follow the provisions of the City's
Minority Women Business Affairs and Procurement Program as a guide, as applicable.
9) The Applicant, owner, or successor must record the following in the Public
Records of Miami -Dade County, Florida, prior to the issuance of any building permit including a
phased 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 sole responsibility of the property owner(s), their successor(s), or
their designee(s) 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.
10) The Applicant, owner, or successor must provide the Planning Department with a
temporary construction plan that addresses construction phasing and includes the following
elements:
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
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. The maintenance plan
shall be subject to the review and approval by the Planning Department prior to the issuance of
any building permits, including phased permits, and shall be enforced at all times during
construction activity. All construction activity shall remain in full compliance with the provisions of
the submitted maintenance plan. Failure to comply with any portion of the maintenance plan
may lead to a suspension or revocation of this SAP.
11) As applicable, the Applicant, owner, or successor shall be responsible for
obtaining 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 (2) weeks prior to implementation of any requested change or modification.
12) Prior to the issuance of any building permit, including a phased permit, the
Applicant, owner, or successorshall provide the Planning Department for review and approval:
a. Environmental Impact Statement and final reports for the SAP site.
b. Sufficiency Letter from the City's Office of Capital Improvement Projects for the
SAP site.
Final determination of Public School Concurrency and Capacity Reservation.
d. Conservation Assessment Report.
e. Proof of compliance with conditions established by the following department or
agency:
• City's Resilience and Public Works Department
• Miami -Dade County Transportation and Public Works Department
• Miami -Dade County Water and Sewer Department
• Miami -Dade County Traffic Engineering Division
• Florida Department of Transportation
13) If the SAP is to be developed in phases and/or individual specific projects, the
Applicant shall submit an interim plan, including a landscape plan developed in compliance with
Article 9 of the Miami 21 Code which addresses design details for the land occupying future
phases of the SAP. 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.
14) The Applicant, owner, or successor shall comply with the recommendations of
the UDRB.
15) The Applicant, owner, or successor shall comply with the recommendations of
the CRC.
16) The Applicant, owner, or successor shall obtain a certificate to dig prior to any
ground disturbing work.
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
17) The Applicant, owner, or successor shall comply with all conditions identified in
this Ordinance and the SAP as well as all applicable local, state, and federal regulations.
18) Within ninety (90) days of the effective date of this Ordinance, the Applicant,
owner, or successor shall 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 and severally.
19) Article 1: Section 1.1 Definitions
The definition of "Co -Living Room" shall read as follows:
Co -Living Room: A single room within a Co -Living Residence. For the purpose of density
calculations, each room shall count as 0.25 of a Dwelling Unit. The total number of Co -Living
Rooms shall not exceed a total Density of 600 Dwelling Units or 2,400 Co -Living Rooms. Each
room shall have a private bathroom and shall comply with Florida Building Code occupancy
requirements.
The definition of "Co -Living Residence" shall read as follows:
Co -Living Residence: Living quarters consisting of four (4) or more Co -Living Rooms
that may or may not have direct access to the outside or a common hall. These groups of rooms
may share kitchen facilities that are either directly connected to the rooms or are located down a
common hallway.
A maximum Density of 600 Dwelling Units shall be incorporated throughout the
proposed SAP documents.
20) Article 1: Section 1.1 Definitions — The "Layer, First" definition shall reference the
Concept Book Layer Diagram and Layer Section.
21) Article 5: Section 5.6.2.f shall read as follows:
Service Entries shall be within the Third Layer. Service areas shall be internal to the
building. On -street loading areas intended to meet the loading berth requirements described in
Article 4, Table 5 are permitted in areas designated by signage and identified on Sheet B10 of
the Concept Book.
22) Article 5: Section 5.6.2.g shall read as follows:
Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and
be allocated as required in Illustration 5.6. First -floor elevation shall be at average Sidewalk
grade. A first level Residential Function or Lodging Function should be raised a minimum of two
(2) feet and a maximum of three and a half (3.5) feet above average Sidewalk grade.
23) Article 5: Section 5.6.4 Parking Standards (T-6) — shall include language limiting
the maximum height of exposed parking allowed.
Section 5.6.4.d shall read as follows:
Primary Frontage. All parking, including drop-off drives and porte-cocheres, open
parking areas, covered parking, garages, and off-street Loading Spaces and service areas shall
be located within the Third Layer and shall be masked from the Frontage by a Liner Building or
Streetscreen as illustrated in Article 4, Table 8 with the exception of parking located within the
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
exposed parking zone depicted on Sheet B21 of the Concept Book, which may be exposed
above the ground floor. Exposed parking shall be limited to two (2) Stories in height for any
portion of the Fagade as illustrated throughout the Concept Book. Parking may extend into the
Second Layer with a design to be approved by the Planning Director with the recommendation
of the Urban Development Review Board. Headlights shall be concealed from lateral view.
Section 5.6.4.e shall read as follows:
Secondary Frontage. All parking, open parking areas, covered parking, garages, off-
street Loading Spaces and service areas shall be located in the Third Layer and shall be
masked from the Frontage by a Liner Building or Streetscreen for a minimum of fifty percent
(50%) of the length of the frontage or height of the pedesta, with the exception of parking
located within the exposed parking zone depicted on Sheet B21 of the Concept Book, which
may be exposed above the ground floor. Exposed parking shall be limited to two (2) Stories in
height for any portion of the Fagade as illustrated throughout the Concept Book. Above ground
Parking may extend into the Second Layer beyond fifty percent (50%) of the length of the
frontage or height of the Pedestal with a design to be approved by the Planning Director for that
portion of the pedestal facade. Headlights shall be concealed from lateral view.
24) Concept Book Sheet B8 shall be revised to reflect the proposed layer condition.
The sheet shall be consistent with layer designation shown on Sheet B22.
25) Concept Book Sheet B16 shall be revised to show the correct right-of-way
condition and proposed streetscape.
26) Concept Book Sheet B17 shall be revised to show the correct visibility triangles
(with dimensions) in accordance with Article 4, Illustration G of the Miami 21 Code.
27) Concept Book Sheet B21 shall be revised reducing the "Allowed Exposed
Parking Zone" to match parking condition shown throughout the Concept Book. The area shall
not include areas above open spaces.
28) Concept Book Sheet B22 shall be revised to show the correct right-of-way
condition and proposed streetscape.
29) Concept Book Sheet C1 shall be revised to show all utility connections
internalized.
30) Concept Book Sheet D1 shall be revised to show accurate floor count. Each
exposed parking level counts as a story.
31) Concept Book Sheet D5 shall be revised to show accurate floor count. Each
exposed parking level counts as a story.
32) Concept Book Sheet L5 shall be revised to show the correct right-of-way
condition and proposed streetscape.
33) Concept Book Sheet L6 shall be revised to show the correct right-of-way
condition and proposed streetscape.
34) Concept Book Sheets E1 through E6 shall be clearly marked as "reference
Purposes only." All signage will be reviewed by a separate process known as a "Special Sign
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
Package Warrant."
35) Pedestrian Passageways and additional setbacks along Northwest 12 Avenue
and Northwest 13 Avenue shall be in substantial compliance with Concept Book Sheet C5.
36) Street trees shall be placed in accordance with Articles 8 and 9 of the Miami 21
Code and shall be in substantial compliance with Concept Book Sheets C5 and L1. Required
street trees shall be shade trees.
37) Pedestrian Passageways and additional setbacks along Northwest 12 Avenue
and Northwest 13 Avenue shall be incorporated into existing or reconstructed structures at the
time of any introduction of any structural or vertical circulation elements.
38) For Residential, Office, and Educational uses, a minimum of thirty percent (30%
and a maximum of fifty percent (50%) of the required bike parking spaces shall be internalized.
39) The development shall design and build a plaza -like pedestrian passageway
across Northwest 21 Street connecting the development with the Santa Clara Metrorail Station
Improvements shall include but not be limited to enhanced paving materials, pedestrian
signalization, public art, landscaping, and lighting. Improvements shall be reviewed and
approved by the relevant permitting agencies prior to building permit including phased permits
Crosswalk shall be built upon construction of new buildings along the Northwest 21 Street
Frontage.
40) The development shall design and build an enhanced transit shelter along
Northwest 12 Avenue accommodating proper space for the numerous transit routes along
Northwest 12 Avenue. Shelter design shall incorporate a public art component to be reviewed
and approved by the Public Art Division prior to issuance of building permits including phased
permits. Shelter shall be built upon construction of new buildings along the Northwest 12
Avenue Frontage.
41) The Applicant, owner, or successor shall incorporate all the Transportation
Control Measures listed within the "Miami Produce Special Area Plan — Traffic Impact Analysis"
as listed below:
a.
Secure bicycle parking spaces
b.
Transit information throughout the site
C.
Designated scooter/motorcycle parking
d.
Carpool parking spaces
e.
Subsidized transit passes
f.
Bicycle share station
g.
Improved sidewalks
h.
Electric vehicle charging stations.
42) Section 10 of the Development Agreement shall be revised to reflect a new
zoning designation of 76-12-0," Urban Core -Open Transect Zone.
43) Section 18.b of the Development Agreement should be revised to include
Affordable Housing commitments agreed to by the City.
44) Section 18.b of the Development Agreement shall read as follows:
(b) Workforce Housing. In recognition of the Citywide need for more housing that is
affordable, the Owner commits to set aside Workforce Housing, as presently defined in the
Miami 21 Code, pursuant to the below schedule and for the duration of the development. Co -
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
living Rooms and Co -Living Residences shall not count towards the Workforce Housing
requirements.
a. For Units 601- maximum development capacity - a minimum of five percent (5%)
of this portion of the Dwelling Units shall be Workforce Housing.
b. For Units 1-600 - a minimum of twelve and one-half percent (12.5%) of these
Dwelling Units shall be Workforce Housing.
45) Section 18.d of the Development Agreement shall include language clarifying
that the new private thoroughfare will function as a public thoroughfare, open to the public daily,
24 hours a day.
46) Section 18.d of the Development Agreement shall incorporate all the
Transportation Control Measures listed within the "Miami Produce Special Area Plan — Traffic
Impact Analysis" and a specialty cross walk connection to the Santa Clara Metrorail Station.
47) Article 4, Table 2: Miami 21 Summary and Article 5, Illustration 5.6: Urban Core
Transect Zone (T6-12) shall be revised removing additional public benefit bonuses listed under
Floor Lot Ratio. The proposed SAP has already increased its Development Capacity by
incorporating Public Benefits specific to the site.
48) The development shall incorporate public art along Principal Frontages, at the
ends of reconstructed warehouses, and at terminating vistas within the proposed SAP site. All
public art shall be reviewed and approved by the Public Art Division prior to issuance of a
building permit including phased permits.
49) Section 4 - Definitions of the Development Agreement shall be revised to
incorporate a definition for Co -Living Room and the updated definition for Co -Living Residence
as listed in Condition 19; and
50) The total number of Co -Living Rooms shall not exceed a total Density of 600
Dwelling Units, or 2,400 Co -Living Rooms. A maximum Density of 600 Dwelling Units shall be
incorporated throughout the proposed SAP; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on
February 6, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-
006 by a vote of eight to two (8-2), Item No. PZABA, recommending approval with conditions of
the SAP; and
WHEREAS, the PZAB modified the Planning Department's conditions as follows:
19. Article 1: Section 1.1 Definitions — shall incorporate definition for Co -Living Room
as follows:
Co -Living Room: A single room within a Co -Living Residence. For the purpose of density
calculations, each room shall count as 0.25 of a Dwelling Unit. The total number of Co -Living
Rooms shall not exceed a total Density of 600 Dwelling Units or 2,400 Co -Living Rooms. Each
room shall have a private bathroom and shall comply with Florida Building Code occupancy
requirements.
The definition of Co -Living Residence shall be read as follows:
Co -Living Residence: Living quarters consisting of four (4) or more Co -Living Rooms
that may or may not have direct access to the outside or a common hall. These groups of rooms
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
shall share kitchen facilities that are either directly connected to the rooms or are located
down a common hallway.
The maximum Density of Co-Living Residences to be incorporated throughout the
proposed SAP shall be 600 Dwelling Units.
44. Section 18.b of the Development Agreement shall read as follows to increase the
amount of workforce housing:
(b) Workforce Housing. In recognition of the Citywide need for more housing that is
affordable, the Owner commits to set aside Workforce Housing, as presently defined in the
Miami 21 Code, pursuant to the below schedule and for the duration of the development. Co-
living Rooms and Co-Living Residences shall not count towards the Workforce Housing
requirements.
C. For Units 1-600 - a minimum of twelve and one-half percent (12.5%) of these
Dwelling Units shall be Workforce Housing.
d. For Units 601- maximum development capacity - a minimum of five percent (5%)
of this portion of the Dwelling Units shall be Workforce Housing; and
WHEREAS, the Applicant has submitted revised Concept Book sheets complying with
conditions 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 as stated herein, attached and incorporated
herein as Composite Exhibit "B"; and
WHEREAS, the Applicant has submitted a revised Development Agreement complying
with conditions 41, 42, 44, 45, 46, and 49 as stated herein, attached and incorporated herein as
Exhibit "C; and
WHEREAS, the only remaining outstanding conditions that remain are conditions 1
through 23, 34 through 40, 43, 47, and 48; and
WHEREAS, the City Commission has considered the relationship of the proposed SAP
to the goals, objectives, and policies of the Comprehensive Plan, with appropriate consideration
as to whether the proposed SAP will further the goals, objectives, and policies of the
Comprehensive Plan, the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed SAP, including changed or changing conditions that make the passage of the
proposed SAP necessary; and
WHEREAS, the proposed SAP maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHERAS, after careful consideration, the City Commission deems it advisable and in
the best interest of the general welfare of the City and its residents to approve with conditions
the 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 and incorporated herein as if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 12 Code is further amended by changing the
zoning classification from "D2," Industrial District Transect Zone, to "T6-12-0," Urban Core -
City of Miami File ID: 5526 (Revision:) Printed On: 5/9/2019
Open Transect Zone, for the Property as more particularly described in Exhibit "A," attached and
incorporated.
Section 3. The SAP including the Regulating Plan and the Concept Book, attached and
incorporated as Composite Exhibit "B," are approved subject to the conditions specified in this
Ordinance and the Miami 21 Code.
Section 4. The City Commission makes the following findings of fact:
a. The SAP is consistent with the Miami Comprehensive Neighborhood Plan, as
amended;
b. The SAP conforms to the requirements of the Miami 21 Code;
C. The SAP will have a favorable impact on the economy of the City;
d. The SAP will efficiently use public transportation facilities;
e. Any potentially adverse effects of the SAP will be mitigated through compliance
with the conditions of the SAP as stated herein;
f. The SAP will efficiently use existing public and civic spaces;
g. The SAP will not negatively impact the environment or any natural resources of
the City;
h. The SAP will not adversely affect living conditions in the neighborhood;
i. The SAP will not adversely affect public safety; and
j. The public welfare will be well served by the SAP.
Section 5. The Regulating Plan and Concept Book for the SAP, attached and
incorporated as Composite Exhibit "B" and submitted through ePlan, shall be relied upon
generally for administrative interpretations.
Section 6. The conditions as recommended by the Planning Department and stated
herein in this Ordinance are incorporated and adopted as conditions of the City Commission.
Section 7. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or realtered and that the word 'ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 8. 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 10. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
Statutes, and Section 163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 3/1912019
' 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 File ID: 5526 (Revision:) Printed On: 5/9/2019