PZ.2 - Rezone Sabal Palm Village 25.97 Acres

WHEREAS, the proposed “Sabal Palm Village Special Area Plan” (“SAP”) consists of 25.97 ± acres (1,131,253 square feet) of selected parcels generally located at 5175 Northeast 2 Avenue, 5035 Northeast 2 Avenue, and 5125 Northeast 2 Court as more particularly described in Exhibit “A”, attached and incorporated (“Property”); and

WHEREAS, SPV Realty LC (“Applicant”) applied to the City of Miami (“City”) to rezone the Property through the process described in Article 3, Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (“Miami 21 Code”), titled “Special Area Plans”; and

WHEREAS, in the proposed SAP, property within the subject site that is currently located in a “T5-R”, Urban Center-Restricted, and “T5-O”, Urban Center-Open, will be rezoned to “CS”, Civic Space, “T6-8a-O”, Urban Core-Open, “T6-8b-O”, Urban Core-Open, and “T6-12-O”, Urban Core-Open, all as described in Exhibit “A”, attached and incorporated; and

WHEREAS, a portion of the Property will remain zoned “T5-O”, Urban Center-Open, as described in Exhibit “A”, attached and incorporated; and

WHEREAS, the Property within the proposed SAP currently contains a 500-plus unit residential apartment/townhome complex that was originally constructed in 1948; and

WHEREAS, the proposed SAP will consist of approximately 5,899,658 square feet of development consisting of 2,929 Residential Dwelling Units, 400 Lodging Units, 168,011 square feet of Office space, 296,297 square feet of Commercial space, 43,760 square feet of special training/vocational school,195,272 square feet of Civic Space, 248,923 square feet of Open Space, and 4,782 parking spaces; and

WHEREAS, while the square footage numbers of the proposed SAP are approximate, the SAP will not exceed 5,899,658 square feet of total development, will contain a minimum of 195,272 square feet of Civic Space, and will contain a minimum of 248,923 square feet of Open Space; and

WHEREAS, the proposed SAP includes a companion Future Land Use Map (“FLUM”) amendment (File ID: 3307 – PZ 21-10935) proposing a FLUM designation of “Restricted Commercial” that would allow for additional commercial and office uses and a residential density increase from 65 dwelling units/acre to 150 dwelling units/acre; and

WHEREAS, the proposed SAP is consistent with Miami Comprehensive Neighborhood Plan’s (“MCNP”) Policies; and

WHEREAS, the proposed SAP will facilitate future Transit Oriented Development (“TOD”) opportunities for communities north of Midtown and proposes increasing density and intensity volumes to promote a mixture of uses including an increase of residential units, office, commercial, and civic and institutional uses as well as civic space and open space areas that leverage the accessibility and proximity of future transit opportunities along the FEC Corridor; and

WHEREAS, the proposed SAP will integrate and provide 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 proposed SAP are important to the economic revitalization and enhancement of the City, in general, and specifically the Little Haiti area; and

WHEREAS, the proposed 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, attached and incorporated as Exhibit “B” and Exhibit “C”, respectively, which have been reviewed by the Planning Department and other City Departments; and

WHEREAS, the Planning Department recommends approval, with conditions, of the proposed SAP including the Regulating Plan and Concept Book; and

WHEREAS, the Planning Department recommends the following conditions as part of the proposed SAP:

1)The development shall be substantially in accordance with the plans titled “Sabal Palm Village SAP” as prepared by Kobi Karp and Kimley Horn consisting of 131 pages dated stamped approved for hearing in ePlan (PZ 21-10809).

2)Any outstanding conditions requested by City staff for project PZ 21-10809 that modify, amend, alter, and/or change the Concept Book or Regulating Plan shall be resolved by the Applicant subject to approval by City staff.

3)The Applicant, owner(s), and any successor(s) shall comply with the requirements of all applicable departments/agencies as part of the City’s building permit submittal process.

4)The Applicant, owner(s), and any successor(s) shall meet the requirements of 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.

5)The Applicant shall allow the Police Department to conduct a security survey, at the City's discretion, and to make recommendations concerning security measures and systems.  The Applicant must submit a report to the Planning Department prior to commencement of construction demonstrating how the Police Department’s recommendations, if any, have been incorporated into the proposed SAP’s security and construction plans or demonstrate to the Planning Director why such recommendations are impractical.

6)The Applicant shall obtain approval from or provide a letter from the Fire-Rescue Department indicating the Applicant's coordination with members of the Fire Plan Review Section in the review of the scope of the proposed SAP, owner responsibility, building development process, review procedures, and specific requirements for fire protection and life safety systems, exiting, vehicular access, and water supply.

7)The Applicant shall obtain approval or provide a letter of assurance from the Solid Waste Department that the proposed SAP has addressed all concerns of the Solid Waste Department prior to obtaining a building permit.

8)The Applicant 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.  The Applicant shall follow the provisions of the City's Minority Women Business Affairs and Procurement Program as a guide, as applicable.

9)The Applicant shall 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 maintenance of all Civic and Open Spaces, and any related improvements located thereon, shall be the sole responsibility the Applicant, property owner(s), any successor(s), or their designee, in perpetuity; and

b)A Unity of Title or a Covenant in Lieu of a Unity of Title, whichever is applicable, subject to the review and approval of the City Attorney's Office.

10)Prior to the issuance of a building permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (9) above.

11)Prior to the issuance of a building permit, provide the Building Department – Environmental Resources with a certified arborist report that gives an assessment of each onsite tree, including those within the right-of-way and those whose canopies cross the property line from an adjacent lot. The report shall provide specifications such as tree number, common name, botanical name, diameter at breast height (DBH), overall height, spread, and condition. The Applicant shall ensure each of these specifications are consistent with the tree disposition drawing. Color photographs in support of the assessment are also required. The report shall be dated no more than three (3) months from the time of submittal. A certified arborist can be found by visiting www.isa-arbor.com and selecting Find an Arborist on the homepage.

12)The Applicant, owner(s), and any successor shall be subject to the replatting process pursuant to Chapters 54 and 55 of the Code of the City of Miami, Florida, as amended, regarding subdivision regulations prior to issuance of building permits for those portions of the Property that contain the various public and private right-of-way dedications and lot reconfiguration that would trigger replatting.  New/proposed street alignments shall meet all access requirements for emergency vehicles. Maneuvering diagrams approved by the Fire-Rescue Department must be submitted along with the tentative plat submittal. All other building permits shall be subject to review and approval by the Resilience and Public Works Department.

13)The Applicant, owner(s), and any successor(s) shall comply with all Resilience and Public Works Department development conditions below:

a.Site plan must show locations of Monument Line and Street Centerline along with their dimensions to the Base Building Line. Provide property boundary information in accordance with a survey.

b.All right-of-way improvements and public street cross sections shall be according to Resilience and Public Works’ Engineering Standards.

c.All driveway approaches shall be according to Resilience and Public Works/ Engineering Standards.

d.Any right-of-way street cross section modifications along Northeast 54 Street, including but not limited to the proposed street type entrance, require review and approval from Florida Department of Transportation (“FDOT”).

e.Any right-of-way street cross section modifications along Northeast 2 Avenue, including but not limited to the proposed street type entrance, require review and approval from Miami-Dade County Department of Transportation and Public Works – Traffic Engineering Division (“County”).

f.A maintenance agreement between the City and the Applicant, owner(s), and any successor(s) is required for any non-standard improvements located in the right-of-way.

g.Any right-of-way modifications to traffic signs and pavement markings require review and approval from the County.

h.The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last twenty feet (20’) to the property line. The maximum slope for a driveway ramp sloping upward toward the street is 1:20 for the last twenty feet (20’) to the property line.

i.All encroachments into right-of-way shall conform to the Florida Building Code (“FBC”), including but not limited to the provisions of Chapter 32 of the FBC.

j.No run-off is allowed into right-of-way area. All storm water must be retained on-site including the driveways and plazas on private property adjacent to public streets. Plazas and driveways must be graded or trench drains provided to prevent “sheet flow” from entering the right-of-way. If deep drainage wells are selected for storm water disposal, they must be located on-site in an open area to accommodate future maintenance access.

k.All transitions from the established street profile grade to the proposed building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the right-of-way and the record profile street grade cannot be changed to accommodate the proposed building ground floor elevation.

l.Right-of-way conditions must comply with American Disability Act (ADA) Guidelines.

m.Since this project is more than one (1) acre in total construction area, the methods of construction must comply with the City’s Municipal Separate Storm Sewer System Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Storm Water, Erosion and Sediment Control permit. For information on a DEP permit application, please contact the Resilience and Public Works Department at (305) 416-1200 or www.dep.state.fl.us/water/stormwater/npdes.

n.Roadway restoration for all utility extensions, existing damaged pavement, and pavement damaged during construction shall comply with City standards and requirements. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times.

o.The Resilience and Public Works Department requires that no closures of vehicular travel lanes be permitted during the course of construction unless a temporary replacement lane, approved by the Resilience and Public Works Department, is constructed and maintained by the contractor throughout the duration of the lane closure. A maintenance of traffic (MOT) plan is required for any temporary right-of-way closure request.

p.All landscaping installations and/or removal require permit application and approval from the Building Department – Environmental Resources section.

14)Provide the Planning Department with a temporary construction plan for review and approval that addresses construction phasing and includes the following elements:

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 and shall be enforced during all construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan and failure to comply may lead to a suspension or revocation of this proposed SAP.

15)Prior to the issuance of any building permit, the Applicant, owner(s), and any successor(s) shall provide the Planning Department for review and approval:

a.Environmental Impact Statement and final reports for the lots included in the proposed SAP.

b.Updated Sufficiency Letter from the City’s Office of Transportation.

c.Final determination of Public School Concurrency and Capacity Reservation.

d.Conservation Assessment Report (the proposed SAP is located within a high Archeological Probability Zone).

e.Proof of compliance with conditions established by the following departments and agencies:

• Resilience and Public Works Department

• Miami-Dade County Transportation & Public Works Department

• Miami-Dade County Water and Sewer Department

• County

• FDOT

16)The proposed SAP includes a Development Review Process which addresses the build-out of the proposed SAP as identified in the Regulating Plan. All development within the proposed SAP shall be submitted for review and approved 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 proposed SAP.

17)If the proposed SAP is to be developed in phases and/or individual specific projects, the Applicant, owner(s), and any successor(s) shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of the proposed SAP in the event that the future phases are not developed.  The interim plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director.

18)The Applicant, owner(s), and any successor(s) shall meet all conditions identified in this Ordinance and within the proposed SAP and comply with all applicable local, state, and federal regulations.

19)Within ninety (90) days of the effective date of the Ordinance, the Applicant, owner(s), and any successor(s) shall record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, owner(s), any successors, and any assigns, jointly and severally.

20)As applicable, the Applicant, owner(s), and any successor(s), as defined in the proposed 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 approved no later than two (2) weeks prior to implementation of the requested change or modification.

21)The Applicant, owner(s), and any successor(s) shall comply with the recommendations pursuant to the Urban Development Review Board Resolution dated January 18, 2017; and

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on September 14, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-034 by a vote of four to four (4-4), Item No. PZAB. 2, failing to make a recommendation of approval of the proposed SAP described herein; and

WHEREAS, the City Commission has considered the relationship of the proposed SAP to the goals, objectives, and policies of the MCNP, 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

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 proposed 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 adopted by reference and incorporated herein as if fully set forth in this Section.

Section 2.  The Zoning Atlas of the Miami 21 Code is further amended to reflect the adoption of the proposed SAP by changing the zoning of certain parcels from "T5-O", Urban Center-Open, and “T5-R”, Urban Center-Restricted, to “CS”, Civic Space, and "T6-8a-O", "T6-8b-O", and “T6-12-O”, Urban Core-Open, for the development of approximately 25.97 acres (1,131,253 square feet) for the SAP, generally located at 5175 Northeast 2 Avenue, 5035 Northeast 2 Avenue, and 5125 Northeast 2 Court, Miami, Florida, as more particularly described in Exhibit “A”, attached and incorporated, with the SAP consisting of a phased project divided into a maximum of four (4) phases which includes approximately 2,929 Residential Dwelling Units, 400 Lodging Units, 168,011 square feet of Office space, 296,297 square feet of Commercial space, 43,760 square feet of special training/vocational school, and 4,782 parking spaces.  The SAP will modify the Transect Zone regulations that are applicable to the SAP and where a regulation is not specifically modified by the SAP, the regulations and restrictions of the Miami 21 Code will apply.  The square footage numbers are approximate and may increase or decrease at time of building permit but shall not exceed 5,899,658 square feet of total development and shall contain a minimum of 195,272 square feet of Civic Space and a minimum of 248,923 square feet of Open Space.

Section 3.  The conditions as recommended by the Planning Department and as stated herein are adopted by the City Commission as conditions of the SAP.

Section 4.  The SAP, including the Regulating Plan, attached and incorporated as Exhibit “B”, and the Concept Book, attached and incorporated as Exhibit “C”, are approved subject to the conditions specified in this Ordinance and the Miami 21 Code.

Section 5. The City Commission makes the following findings of fact:

a.The SAP is consistent with the MCNP;

b.The SAP will have a favorable impact on the economy of the City;

c.The SAP will efficiently encourage public transportation facilities;

d.Any potentially adverse effects of the development will be mitigated through compliance with the conditions of this SAP as stated herein;

e.The SAP will efficiently use existing public and civic spaces;

f.The SAP will not negatively impact the environment or any natural resources of the City;

g.The SAP will not adversely affect living conditions in the neighborhood;

h.The SAP will not adversely affect public safety; and

i.The public welfare will be served by the SAP.

Section 6. 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 re-lettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention.

Section 7.  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 8.  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.