PZAB Resolution
SITES AND REGULATIONS FOR GATEWAY SITES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Ordinance No. 13334, adopted on July 26, 2012, the City Commission approved the original Miami Design District Retail Street (“MDDRS”) Special Area Plan (“SAP”), pursuant to Article 3 and Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (“Miami 21 Code”) for the property described in Exhibit “C” (“Property”); and
WHEREAS, pursuant to Ordinance No. 13414, adopted on October 24, 2013, the City Commission amended the MDDRS SAP by adding twelve (12) new properties and adjusting the original development program to include an additional 86,263 square feet of lot area for a new lot area total of 917,495 square feet, or approximately 21.06 acres, pursuant to Article 3 and Article 7 of the Miami 21 Code; and
WHEREAS, pursuant to Ordinance No. 13505, adopted on March 12, 2015, the City Commission further amended the MDDRS SAP to add two (2) new properties and adjust the development program to include an additional 80,976 square feet of lot area for a new lot area total of 995,668 square feet, or approximately 22.92 acres; and
WHEREAS, Miami Design District Associates (Del.) LLC and its affiliated entities, Norwegian Wood Acquisitions, LLC; Oak Plaza Associates (Del.) LLC; Jungle Plaza, LLC; 4200 Associates, LLC; Paradise Plaza Associates, LLC; Half-Circle Property (Del.) LLC; Lovely Rita Acquisitions, LLC; Uptown Girl Development, LLC; Sun King, LLC; Dacra Design 4141 LLC; MDDA Morning Dew, LLC; and Tiny Dancer Acquisitions, LLC (collectively, “Applicant”) applied to further amend the MDDRS SAP; and
WHEREAS, no change is proposed to the underlying Transect Zone or Future Land Use designation as part of this current amendment; and
WHEREAS, the current amendment proposes establishing “Gateway Sites” with specific development regulations and a Height benefit program, establishing a Density and Intensity transfer program among “T6” properties within the MDDRS SAP; and
WHEREAS, the MDDRS SAP project integrates 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”); and
WHEREAS, the Applicant has submitted a revised Regulating Plan, Concept Book, and Development Agreement, which have been reviewed by the Planning Department;
WHEREAS, consideration has been given to whether the proposed change will further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan (“MCNP”), the Miami 21 Code, and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The PZAB recommends to the City Commission that the MDDRS SAP be amended, as attached hereto in Exhibits “A” and “B”, subject to the following
Special Area Plan Amendment”, consisting of 29 pages and dated stamped
received by Hearing Boards on August 12, 2020, and the Regulating Plan, titled “Appendix F - Miami Design District Retail Street: Regulating Plan”, consisting of 94 pages and dated stamped received by Hearing Boards on September 25, 2020. Both are respectively attached as Exhibits “A” and “B” hereto.
2) The Applicant, owner, and any successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process.
3) The Applicant, owner, and any 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.
4) The Applicant, owner, and any successor must comply with all applicable regulation of Chapter 24, titled “Environmental Regulations”, of the Miami Dade County Code, as amended.
5) All development within this MDDRS SAP shall be submitted for review by SAP Permit and approved by the Planning Director prior to the issuance of any building permit.
6) Art installed in Civic Spaces or on Gateway Sites, shall be reviewed and approved by the Director of the Planning Department or designee upon a recommendation from the Art in Public Places Board.
7) Terminated Vista: The property located at 4141 Northeast 2 Avenue shall incorporate design elements responding to the termination of Northeast 41 Street, in accordance with Terminated Vista requirements.
8) The MDDRS SAP shall comply with all requirements of Chapter 23 of the Code of the City of Miami, Florida, as amended.
9) The Applicant, owner, and any successor shall meet conditions identified in this legislation, within the MDDRS SAP, and all applicable local, state, and federal regulations.
Section 3. The findings set forth below are made with respect to the amended MDDRS SAP:
a) The amended MDDRS SAP is consistent with the Miami Comprehensive Neighborhood Plan, as amended (“MCNP”);
b) The amended MDDRS complies with the MCNP;
c) The amended MDDRS is consistent with the orderly development and goals of the City;
d) The amended MDDRS complies with local land development regulations pursuant to the Miami 21 Code;
e) The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City;
f) This MDDRS SAP amendment will have a favorable impact on the economy of the City;
g) This MDDRS SAP, as amended, will efficiently use public transportation facilities; h) Any potentially adverse effects of the development will be mitigated through
compliance with the conditions of this amended MDDRS SAP, as stated herein; i) This MDDRS SAP, as amended, will efficiently use existing public and civic
spaces;
j) This MDDRS SAP, as amended, will not negatively impact the environment or any natural resources of the City;
k) This MDDRS SAP, as amended, will not adversely affect living conditions in the neighborhood;
l) The MDDRS SAP, as amended, will not adversely affect public safety; and m) The public welfare will be served by this MDDRS SAP, as amended.
n) Any potential adverse effects arising from this development, including but not
Section 4. The amended MDDRS SAP, including the amended Regulating Plan, attached and incorporated as Exhibit “A”, and the amended Concept Book, attached and incorporated as Exhibit “B”, both as approved, shall be binding upon the Applicant, owners, and any successors in interest.
Section 5. The application to amend the MDDRS SAP, which was submitted on August 12, 2020 and on file with the Hearing Boards Section of the Planning Department, shall be relied on generally for administrative interpretations and is incorporated by reference.
Section 6. The conditions as recommended by the Planning Department and stated herein are incorporated and adopted as recommended conditions of the PZAB.
Section 7. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 8. This Resolution shall be effective immediately upon adoption by the PZAB.
___________
Jeremy Calleros Gauger, Interim Director Execution Date
Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, _____________, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS ____ DAY OF _____________, 202_. _
Print Notary Name Notary Public State of Florida
Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced
Did take an oath or Did not take an oath
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