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HomeMy WebLinkAboutBinder Info. Tabs 14-19AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA AND FLAGLER HOLDING GROUP, INC., MONTE CARLO ASSOCIATES (DEL.) LLC, MOONLIGHT MILE ACQUISITIONS, LLC, MCCRORY DESIGN ASSOCIATES (DEL.) LLC, 39TH STREET (DEL.) LLC, HALF -CIRCLE PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC, CUMBERLAND ACQUISITIONS LLC, OAK PLAZA ASSOCIATES (DEL.) LLC, DACRA DESIGN ASSOCIATES (DEL.) LLC, BEN NEWTOWN, LLC, SWEET VIRGINIA ACQUISITIO LC, LOVELY RITA ACQUISITIONS, LLC, 40 DIS (DEL.) LLC, DACRA DESIGN MO LLC, MID -I LEE, LLC, DACRAI) GARAGE, LLC, ROCKY (DEL.) LLC, PENNY UPTOWN GIRL DEVE DANCER ACQUISITIONS, L OF THE MIAMI SIGN DI SPECIAL AREA ' "` "` • ND RELA LLC, MOSAIC .) LLC, FCAA, GN LC, MDDA OON A ISITIONS ACQUISITI 6 LLC, NT LLC, A INY GARBING APP ' 1 L CI —RETAIL STRAF EVELOPMENT. THIS AGREEMENT is entered this _lay of , 2013,�by and between, Flagler Holding Group, Inc„ a Florida profit corporation, Mo arlo Associates (Del.) LLC, Moonlight Mile Acgnxsi i I,T C (as stmcessor by -r ger t lectra Design (Del.) LLC, Rothman Design IDacralesign Miami Ld Miami Avenue (Del.) LLC, McCrory Design Associates (DeeLLC, 39 et (Del.) LLC, Half -Circle Property (Del.) LLC, Norwegian Wocquisns, LLC d as successor by merger to Lady Jane Acquisitions, T,T,C'), Cumbn ns, L(and as successor by merger to Hale Daniel Design, f za Associates LC acra Design Associates (Del.) LLC, Ben Newton -LLC, Sweet Vitinia Azduisitions, LLC, 110 District, LLC, Mosaic (Del.) LLC (and as success merger to Paer Design (Del.) LLC), Dacra Design Moore (Del.) LLC, FCAA, LLC (and as ccessor by er to et Begonia Holdings, LLC), MID -I Lee, LLC, Dacra Design 4141 MDDA G e, LLC, - Rocky Raccoon Acquisitions (Del.) LLC, Penny Lane Acquisitio LC, UptowGirl Development, LLC, and Tiny Dancer Acquisitions, LLC, Delaware limited liability comperes (each, individually, "Developer Party," and collectively, the "Developer Parties"), end the OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of t of Florida ("City") (Developer and the City together referred to as the "Parties"). WITNESSETH: WHEREAS, the Miami Design District (the "District") spans portions of twelve (12) city blocks containing all the properties generally bounded on the east by Biscayne Boulevard; south by NE 36th Street; west by North Miami Avenue; and north by NE 40th Street or properties generally located within the area boundaries of the Miami Design District area ("SD-8") as designated under Ordinance 11000; and serviced by three (3) Miami -Dade Transit routes; and {26388785;1 } [25155930;7) 1 WHEREAS, the District has recently become an internationally recognized center for furniture design and a burgeoning home for the arts, high fashion, restaurants, and a center for creative employment; and WHEREAS, the emerging status of the District is consistent with the City's vision to develop a world class destination for the arts, fashion, and design, and, as such, the City wishes to encourage redevelopment within the District; and WHEREAS, a subset of the Developer Parties wish to redevelop some of the SAP Properties as a mixed -use, pedestrian oriented, urban retail street anchored by high -end fashion brands heretofore unavailable within the City (the "Retail Street -Project"); and WHEREAS, the City and Developer Parties wishfc�r development of the SAP Properties to proceed in a manner which is consistent with the milli C,nprehensive Neighborhood Plan ("Comprehensive Plan") and the land developmenuTations; a WHEREAS, the properties within SAP Area carry re Land Use Map designations of Duplex Residential, Mediu ensity Restricted C-mercial, Restricted Commercial, and General Commercial in the Comensiv�an; and WHEREAS, the City and r Parties wto amend the Future Land Use Map designations within the Comprehensrc for selectoperties within the Retail Street Project from Duplex Residential andiedi sity Mifamily Residential to Medium Density Restricted Comin order tccilitate elopme ithm the District; and WHEREA Ci er a proee s tlined in the Miami 21 Zoning Code ("Miami 21") allow arcels of imile than nine (9) abutting acres to be master planned to allow greater—nitegrata-on of publicrnprovements and infrastructure, and greater flexibility - result : -,s ciali quality building and streetscape design, previou • • is -sign ' eV Street Special Area Plan ("SAP") via the adoptcompani evelopment Agreement via Ordinance 13335 on Jul WH ("SAP"); and WHEREAS for the SAP (the "Recor r planning process is known as a "Special Area Plan" the Developer Parties recorded a Development Agreement ement"); and WHEREAS, the Developer Parties have expanded their real ownership within the District and now hold fee simple title to approximately 19.0821.08 acres of property within the District; and WHEREAS, the Developer Parties wish to make certain modifications to the previoiusly approved SAP requiring certain companion modifications to the Recorded Agreement; and the lots which comprise the Miami Design District Retail Street Special Area Plan properties are those identified on page A1.1 and A1.5 of the Miami Design District Retail Street Special Area {26388785;1 } [25155930;7) 2 Plan Design Concept Book (hereinafter, the "SAP Property", "SAP Properties", or "SAP Area") (sketch and legal descriptions of which are attached as Exhibit "A"); and WHEREAS, Sec. 3.9.1. f. of Miami 21 requires development within an SAP to occur pursuant to a Development Agreement between the property owner(s) and the City; and WHEREAS, the City and Developer Parties wish to rezone some of the SAP Properties from T3 L, T3 0, T'l L, TI 0, T5 0, T6 12 L to Miami Design District Retail Street SAP, with modifications to the underlying Transect designations to Ti 0, T5 0, T6 8 0, and T6 12 0 in order to facilitate redevelopment within the SAP Arca and cf ctuatc the Retail Street Project; and WHEREAS, this Development Agreement (" forth in Sec. 3.9 of Miami 21 ; and WHEREAS, the City and Developer P proceed substantially in accordance with the Plan and Design Concept Book, as modified o No. �� attached as Exhibit "B" ('"Regulate WHEREAS, the lack of ceriamt economic and land resources, disco escalate the cost of housing and deve planning; and WHEREA existing laws and pol public planning process, in assurin particip adopted Agreement u been duly autho e NOW THERF=FO hereinafter contained, th evelope the condi and capi wish for deve Design District R 013, by th sign Conc satisfies the requirement set ent within the District to treet SAP Regulating tion of Ordinance ok "); and the approv.. development can result in a waste of capital ovement planning and financing, discour.., ommitment to comprehensive ciliti hat ' ay proceed in accordance with of a development agreement, strengthens the mprovement planning and financing, assists or the development, encourages private e economic costs of development; and sion pursuant to Ordinance No. 12 13335XXXXX, 23 has authorized the City Manager to execute this onditioas set forth below, and the Developer Parties have Agreement upon the terms and conditions set forth below. consideration of the mutual covenants and agreements mutually agree and bind themselves as set forth herein: Section 1. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. Section 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; {26388785;11 [25155930;2) 3 (b) Words in the singular include the plural, and words in plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof, "hereto" and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; The Parties hereto agree that this Agreement shall not be more strictly construed against either the City or Developer, as all parties are drafters of this Agreement; and Alr The recitals are true and correct and are incorporated into and made a part of this Agreement. The attached exhibits shalLl deems adopted and incorporated into the Agreement; provided however,tffs Agreement shall be deemed to control in the event of a conflict betweenattachments and this Agreement. Section 3. Definitions. Capitalized term have the meaning given in Miami 21. h are not specifical---efined herein shall "Agreement" means this A ram between testy and Developer. "City" means the City of 1Vlami;: municipal oration and a political subdivision of the State of Frida, all de means, agencies and instrumentalitiesto the juris tion the "Comprehensive Plan" means the ehensive an known as the Miami Comprehensive 'Nhborho d Plan, adopted by the City pursuant to Chapter 163, Florida Statutes (21)Th),,the requi meats of Section 163.3177, Florida ( Section 163-317Flca Statutes (2011) and Section 3221(2), Florida Statute (2011), whichis in effect as of the Effective Date. Allhaty" means Florid i-Dadunty, a political subdivision of the State of "Develop rty" means an individual property owner who is a signatory to this Agreeme "Developer Parti means the property owners who are signatories to this Agreement. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), Florida Statutes (2011). "Effective Date" is the date of recordation of the executed, original version of this Agreement. {26388785;1} [25155930;7} 4 "Existing Zoning" is (a) Miami 21 Code, April 2012, specifically including the Miami Design District Retail Street SAP Regulating Plan and Design Concept Book, and related modifications to the Transect designations of lots within the SAP Area, and (b) the provisions of the Charter and City of Miami Code of Ordinances ("Code") which regulate development, specifically including Chapters 10, 13, 22, 22.5, 23, 36, 54, 55 and 62 of the Code, as amended, through the Effective Date, which together comprise the effective land development regulations governing development of the SAP Area as of the Effective Date. "Land" means the earth, water, and air, above, below or on the surface and includes any improvements or structures customarily ate,.=. ed as land. "Laws" means all ordinances, resolutions, regulromprehensive plans, land development regulations, and rules adopted by a local emment affecting the development of land. "Public Facilities" means major capi provements, includi ut not limited to, transportation, sanitary sewer, waste, _drainage, able water, educational, parks and recreational, streparknd health stems and facilities. "Retail Developer Party" corrssrst arties fied in Exhibit "C", who are signatories to the Agreement d wl nderta1 i the development of the Retail Street Proj e "Retail Strroject'ans tha d dement within the Design District SAP s ed to occur on propers within the SAP area and denoted as properties 2, 3, 4, 6, 7, 11'1,15, 16, 1.18, 19, 20, 24, 25, 26, 27, 35, 36, 37, 38, 42, 43, 44, and 5 of iami Design District Retail Street a rea Desi oncept Section Purpose. 'eurpothis Agreement is for the City to authorize Developer Parties to r==4 -lop the SA' •ertiesursuant to the Miami Design District Retail Street SAP. This Agreemeill establish, of the lective Date, the land development regulations which will govern the development of SAP Properties, thereby providing the Parties with additional certainty during the dcvelopmerocess. This Agreement satisfies the requirements of Section 3.9.1.f., Miami 21. Section 5. Intent. Devevper Parties and the City intend for this Agreement to be construed and implemented so as to effectuate the purpose of the Miami Design District Retail Street SAP, this Development Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local Government Development Agreement Act, s. 163.3220 - 163.3243, Florida Statutes (2011). Section 6. Applicability. This Agreement only applies to the SAP Properties identified in Exhibit "A." Section 7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall have a term of thirty (30) years from the Effective Date and shall be recorded in the public {26388785;1} [25155930? } 5 records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended by mutual consent of the Parties subject to a public hearing, pursuant to s. 163.3225, Florida Statutes (2011). This Agreement shall become effective on the Effective Date and shall constitute a covenant running with the land that shall be binding upon, and inure to, the benefit of the parties, their successors, assigns, heirs, legal representatives, and personal representatives. Section 8. Permitted Development Uses and Building Intensities. (a) Miami Design District Retail Street SAP Designation. The City has designated certain properties as the Miami Design District Retail Street SAP on the official zoning Atlas of the City, pursuant to the appl"= procedures in Miami 21. The Regulating Plan and Design Concept B• -i, attached as Exhibit "B". In approving the Miami Design District ' =-t SAP, the City has determined that the uses, intensities and densities_ deveent permitted thereunder are consistent with the Comprehensive and the Existin Zoning. (b) Density, Intensity, Uses and (1) As of the Effective Date an Street SAP, ,density an consistent wi 'MIT; -nsities an Zoning. Heights. suant to the Miami Ign District Retail proposed for t SAP shall be ensities permitted by the Existing (2) The non-residentf devel. c=__===- permitted on the SAP Properties includcs; taut is not'4irnitedillowirrg uses: office, hotel, retail, ntertainn educati e--- msio . any othzr uses permitted by the Existing toning. (3) Nothi prohit the Developer Parties from requesting a Lhange zoning, punt to Article 7 of Miami 21, to increase the Pnsity or intensity of de opment permitted by the underlying Transect designation of -that certain property forming part of the Miami Design DistricRetail St SAP by amending the SAP and this Agreement. In the event the City should amend its Comprehensive Plan to permit the ransfer of densities within a specified area so as to permit densities in - cess .==.- e density limits set forth in a particular Future Land Use Map ca nothing herein shall prohibit the Developer Parties from reque ing such density transfers within the Miami Design District Retail Street SAP. (c) Environmental. The City finds that the proposed development will confer a significant net improvement upon the publicly accessible tree canopy in the area. The City and Developer Parties agree that Developer Parties will comply with the intent and requirements of Chapter 17 of the City Code, subject to the modification set forth herein, by performing tree replacement within the SAP Area where possible. {26388785;1 } [25155930;7) 6 (1) Off -site replacement trees. Notwithstanding the requirements of Sec. 17- 6.(e) of the City Code, where replacement within the SAP Area is not possible, Developer Party may enter into an agreement with the City to perform tree replacement on public property in the following order of priority: (i) within the District; (ii) within a one (1) mile radius of the District; or (iii) within any City park. - Particular emphasis shall be paid to replacement along gateway corridors within and surrounding the District, specifically N. Miami Avenue, N.E. 2nd Avenue, NE 36th Street, NE lst Avenue, and Biscayne Boulevard. The City further agrees to facilitate the permitting and planting oflacement trees on all publicly owned property within the area andin City parks. Each Developer Party undertaking tree replacemensite for any parcel of land within the SAP Area shall agree to w,atroot, prune, brace, or undertake any other necessary maintenancct.s may )required by the Public Works Depaittnent for a perio. not greater -4han thirty (30) days after installation. Each Dev- Party further agt to warrant each off -site replacement tree for a p . of one (1) year after date of installation. (2) SAP Area tre installation, placed withi P Area, ea irrigation and eorr€sponding wate located within trightAafNivay. Ea replacement for anarce bracc;-or-undertake other l)1 treesated withim the and guar oper Party shall i For all trees 'tall any needed ters to support the growth of trees eveloper Party undertaking tree e to water, trim, root, prune, enance as may be required Each Developer Party further agrees to want each Area treer a period of one (1) year after inflation. i (3) Tree r-=piss = en `"` tsIi The replacement chart below, shall be used ro determt vhether a eloper Party has satisfied the tree replacement requircments=or any particular parcel of land as set forth in Sec. 17-6.(a) of thity Codes The chart below shall replace and supersede Chart 17.6.1 the Ciode. Ni„ Tree Replacement Chart Total diam- (s) to be removed (sum of inches BH) Total inches of replacement DBH required (12' minimum tree height) 2"- 3" 2" 4"- 6" 4" 7"- 12" 8" 13"- 18" 12" 19"- 24" 16" 25"- 30" 20" 31"- 36" 24" 37"- 42" 28" {26388785;1} [25155930;7) 7 43"- 48" 32" 49"- 60" 40" To determine whether the replacement requirements have been satisfied, calculate the total sum in inches of the diameter of the trees removed. The size of the replacement trees diameter at breast height (DBH) must equal the total inches of replacement DBH set forth in the above chart. Diameter measurement shall be rounded up to the nearest inch. If the sum of the diameter of trees to be removedceeds a total of 60 inches, the additional inches shall be added cu ' ely from the top of the chart, down to the bottom of the char alculate the number of DBH for replacement trees. (4) Tree species. The chart s--ice below shaplace and supersede Chart 17.6.2.1. in the City C `' All other requirements set forth in Sec. 17- 6.(b) of the City Code s .pply within the SAP Required total DBH for replacement Required -minimum numberpecies trees 22 "- 40" 2 41"- 100" 4 101" or greater— (5) Cree installn. A Deoper Party shall install trees opportunistically w =the=:= right-ofy, subject to approval by the Department of Publi —ii➢iw Section 9 Connectiand ir.wity within folic Right -of -Way. (a) Connectivit9 critic 1ement to the success of the Retail Street Project is the mow -grade connectivity within the public right-of-way along N.E. 41st Street. l hproposed bow -grade connection will facilitate ease of access, minimize pedestrian and cular conflicts, and reduce the Retail Street Project's traffic impacts enncing internalized traffic circulation and reducing off -site impacts. The Retail Developer Party recognizes that such connectivity and commercial usage may require approval of other governmental agencies such as Miami -Dade County. The City finds and determines that establishing such connectivity below N.E. 41st Street serves a public purpose, and further agrees to support the Retail Developer Party's efforts to obtain any authorization to establish such proposed below -grade connection. The City further finds that the authorization of such a connection below the public right-of-way shall in no way diminish access for firefighting apparatus or rescue {26388785;1 } [25155930;7) 8 and salvage operations; diminish traffic, transportation and circulation; or adversely impact the advancement of the safety, health, and general welfare within the City. Given the public benefits conferred upon the City by the below -grade connection beneath N.E. 41st Street and across the public right-of-way, the provisions of Sec. 54-186 shall not apply to the Miami Design District Retail Street SAP. (b) Construction of encroachments within the Public Right -of -Way. The City finds that the encroachments proposed by theRetail Developer Party do not unduly restrict the use of the public right of - the construction of the vehicular underpa adoption of this Agreement shall serve 55-14(b) of the City Code. nd are an essential element in w the same rights -of -way. The he requirements set forth in Sec. Notwithstanding the requirem- ' Sec. 55-14(c 1 the City Code, the City agrees to waive any and all cl.. o payment of a userin connection with the construction of the aforementio encroachments within public rights -of - way. Further, this Agreem satisfy the lcyuirements of Sec. 55-14(d) of the City Code. In consideratiooi- zthorizing thetanstruction of the aforementioned rty furtcovenants to: (1) = e below -de v "'_ - :. derses in accordance with the rida Builluig Code - ity and Code. encroachments, the Retai eve (2) Probe an tftsurance poli€ in an amount determined by the city's risk mana City as -all additional insured for public liability and roperty rage. Tiithnisuraute shall remain in effect for as long as the (3) en oachm() exist within the right-of-way. Should the Retail De oper Pa ail to continuously provide the insurance coverage, the City sl have tl ght to secure similar insurance policy in its name and place aecial assessment lien against the owner's abutting private property the total cost of the premium. eveloper Party shall hold harmless and indemnify the City, its o !ray` . d employees from any claims for damage or loss to property and 1 ury to persons of any nature whatsoever arising out of the use, construction, maintenance or removal of the vehicular underpass and from and against any claims which may arise out of the granting of permission for the encroachment or any activity performed under the terms of this Agreement. Section 10. Public Facilities. As of the Effective Date, the Developer Parties have conducted an extensive analysis of the Public Facilities available to serve the SAP Area and the Retail Street Project. In the event that the Existing Zoning and/or the Comprehensive Plan require a Developer Party or the Retail Developer Party to provide Public Facilities to address any {26388785;1} [25155930;7} 9 deficiencies in required levels of service occasioned by future development within the SAP Area or as a result of the development of the Retail Street Project, such Developer Party or the Retail Developer Party, as appropriate, shall provide such Public Facilities consistent with the timing requirements of s. 163.3180(2)(a), (b) and (c), Florida Statutes (2011), or as otherwise required by Chapter 13 of the City Code, if applicable. The Developer Parties shall be bound by the City impact fees and assessments in existence as of the Effective Date of this Agreement. Section 11. Project Approval. (a) Future Development Review. Future development within the Miami Design District Retail Street SAP shall proceed pursuant to the processes and in accordance with the design set forth in theilating Plan and Design Concept Book, attached as Exhibit "B". The cruirui=tn be used in determining whether future development shall be approve --cconsncy with the Comprehensive Plan, this Agreement and the Mia =_ sign Districetail Street SAP. (b) Prohibition on Downzoning. (1) The Comprehensive Plan, xist - oning, and is= Agreement shall govern eht..developmenrx ertain SAP Propjties designated part of the SAS of the Ret. . reet Project for the duration of the Agreement. Thai s and policies adopted after the Effective Date may be applied to the SA=only if determinations required by s. 1633233(2), Florid tatutes (20-11) have beLn made after 30 days written Developer andov a plic hearing or as otherwise 2krovided herein (2) Puntiant tom 163.3233(Florida Statutes (2011), this prohibition on downzszurrirdzmients, rather than supplants, any rights that may vest Developer Parties Florida or Federal law. As a result, Developer Parties may -challenge any subsequently adopted changes to land dev- i- ent regulations based on (a) common law principles including, but no mill ited equitable estoppel and vested rights, or (b) statutory rights which may arue by virtue of Chapter 70, Florida Statutes (2011). Section 12. Alco ,ri- Beverage Sales. -Upon approval of this Agreement, pursuant to Chapter 4 of the City Code, twee;) ' a� Specialty Centers are hereby designated for properties within the SAP Area. The Mi. .esign District Retail Street SAP Retail Specialty Center North ("Retail Specialty Center North") shall consist of all SAP Properties located north of the mid -line of the right-of-way of NE 40th Street and the Miami Design District Retail Street SAP Retail Specialty Center South ("Retail Specialty Center South") shall include properties located south of the mid -line of the right-of-way of NE 40th Street. The maximum number of establishments selling alcoholic beverages permitted within each Retail Specialty Center shall not exceed five (5) establishments, inclusive of any such establishments in existence as of the date of this Agreement, but exclusive of any bona fide, licensed restaurants where the sale of alcoholic beverages is entirely incidental to and in {26388785;1 } [25155930;7) 10 conjunction with the principal use of the sale of food (e.g. bona fide, licensed restaurants, with a 2-COP, 2-COP SRX, 4-COP, 4-COP SRX or an equivalent license). The number of approved establishments may be increased by amendment to this Agreement. Each establishment selling alcoholic beverages permitted within the Retail Specialty Center North and the Retail Specialty Center South, exclusive of bona fide, licensed restaurants where the sale of alcoholic beverages is incidental to the principal use of the sale of food, shall be permitted pursuant to the requirements of the Miami Design District Street Regulating Plan, attached hereto as part of Exhibit "B", and any applicable provision of Chapter 4 of the City Code not in conflict with the provisions of this Agreement. Each of the alcohol beverage establishments within bothetail Street SAP Retail Specialty Center North and Retail Specialty Center South pe rsuant to this Section shall be reserved for the benefit of the Retail Developer Part rwise modified by a separate written agreement between the Developer Parties Section 13. Valet Parking. The Developeies intend to establiuniform valet system to service the SAP Properties and the Distric erally. Notwithstan u the limitations set forth in Sec. 35-305, a maximum of two (2) vale its_may be issued tome operation of a valet parking ramp on the same sid e block whe m '. mit applicant is thcoperator of the uniform valet system. Section 14. Temporary/Special Even To t nt governed by the laws and regulations of the City of Miami, the City Commission —hereby and agues that the following special events constitute anci the ReStreeProjcctT evert banners, farmers' markets, grand openings, holy sales, odor sales, ground breakii and neighborhood sales events. For events which the Retail Develr Party ates to exceed (75%) seventy five percent of the maximum permitted panc Tinclusive o en and Civic Space or (2,100) two thousand one hund hichevess, tail eloper Party, or its designee, shall submit an app ' n for rev ccv to the City Neighbor --hood Enhancement Team (NET) office servicing the Di no less tharr r1e (5) working days prior to the date of any such event. The City agrees toomplete its revrwithir•ee (3) working days of the submittal of the required application tonsure coordix qn of nee ed City services and avoid possible adverse impacts due to multipleents occurrinithin the immediate and surrounding area. The C- y_ommmsson further finds that the above -listed activities, which shall not exceed the maximum p cupancy of the Retail Street Project, will not: (i) substantially interrupt the safe and orderly movement of other traffic contiguous to the special event; (ii) substantially diminish routine police service levels to the entire community; (iii) unduly interfere with the proper fire and police protection or ambulance service to areas contiguous to the special event as a result of the concentration of persons and vehicles; {26388785;1 } [25155930;7) 11 (iv) interfere with the movement of firefighting apparatus en route to an emergency call; and (v) present an unreasonable danger to the health and safety of the public. Notwithstanding the requirements of Secs. 62-521, and 62-522, the above -stated activities shall not require the issuance of a City permit. Section 15. Public Benefits. (a) Job Creation & Employment Opportunitiesrenerally, the Developer Parties shall consult with local and/or state economic development entities regarding job training and job placement services for residents seeking employment opportunities with potential employer ' ch locate or establish a business within the SAP Area. (1) Construction Employe The Developer P hall use best efforts to work with the City in thele -owing areas: a. Job Song. The Dev contractors to rice best et Works Initve tource job Parties shall reque their general to work with the City's Miami rtunities for both skilled and skilled laborers seeking —employment opportunities within the ction inry. CommunityBusiness Enterprise (CBE)Participation. The P p Frevehuper-Farties shaequire their general contractor(s) to use best effiarts to assign a minimum of twenty percent (20%) of the onstrion contract_ value to subcontractors whose firms are —ratified by Miami -Dade County as CBEs. 116 c. Low Workforce Participation. The Developer Parties shall 11 recce their general contractor(s) to use best efforts to employ a in: inium of twenty percent (20%) of on -site labor from persons iding within the municipal boundaries of the City of Miami. (2) Restaurant and Retail Employment. The Developer Parties anticipate that a significant number of employment opportunities in the culinary and retail sectors will be generated within the SAP Area. Developer Parties shall use best efforts to work with Miami Dade College, through its culinary and retail institutes, or with similar institutions or organizations, in consultation with the City, to place qualified graduates of such programs in employment opportunities within the SAP Area. {26388785;1 } [25155930? } 12 (3) Hospitality Employment. The Developer Parties anticipate that a number of job opportunities in the hospitality sector will be generated within he SAP Area. The Developer Parties shall use best efforts to work with Miami Dade College, through its hospitality institute, or with similar institutions and organizations, in consultation with the City, to place qualified graduates of the hospitality institute in employment opportunities within the SAP Area. In addition, the Developer Parties shall use best efforts to assist the City in identifyin . ,. ployment opportunities within the hospitality sector outside the S T -- a and place qualified graduates of the hospitality institute in post (b) Park/Open Space Enhancements. A consi. -miten for certain reductions to standards set forth in the City' developmengulations, the Developer Parties hereby agree to undert. " e following improvements: (1) Woodson Mini -Park: The ownsd operates an -existing mini -park, located at as - imately 69E Street (Folio 01-3219-000- 0010), consis parcel of land_ pproximately 6,811 sq. ft. in size and any improvement thereon. In con -natation with City Planning staff and subject to theirrprovnd that .iw5 I y other City department, the Deeper Partiesreby agree_ to desiu.. d construct the proposed improvements (e.g. lanced an. scaping, hting, fencing, and similar improvements), etc., terc at thole cost and expense within three years ofEffective of this Agreement. (2) Park7et cquisitio The Developer Parties shall use best efforts to acquirea parceluf- land- of not less than 3,500 sq. ft. in size for popen mace withiire SAP Area, the District, or within the imr't ediate vi 't twent Iusan shall be of the District to offset a deficiency of (20,114 sq. ft.) are feet of required Open Space. Said parcel of land icated t&the City as a public park/open space and improved by the Deveer Parties, which improvements shall be consistent with the sign treatment approved by the City for Woodson Mini -Park and Incorp.- ;t similar elements (e.g. enhanced landscaping, lighting, fencing, an. !F ar improvements), etc. The Developer Parties shall complete such cquisition and improvements within three (3) years of the Effective Date of this Agreement. If such acquisition is not timely completed within period set forth above, the Developer Parties shall be required to make a contribution to the City's Public Parks and Open Space Trust Fund in an amount equal to the required cash contribution contemplated under Sec. 3.14.4.b.3. of Miami 21 for not less than (20,114 sq. ft.) twenty thousand one hundred fourteen square feet of Open Space. The amount of said contribution shall be {26388785;1 } [25155930;7) 13 (3) apportioned between each Developer Party in accordance with method set forth in subparagraph (3) below. Apportionment of the Cost of Enhancement & Acquisition. The improvements and park acquisition referred to in (1) and (2) above are called the "Park/Enhancement/Acquisition." The cost of the Park Enhancement/Acquisition shall be borne by the Developer Parties. Unless and to the extent that the Developer Parties otherwise agree by instrument signed by the Developer Parties and recorded in the Public Records of Miami -Dade County, Florida: (a) the P Enhancement/Acquisition shall be initiated by the Retail Developer; h Developer Party shall pay to the Retail Developer its sh f such cost of the Park Enhancement/Acquisition as co rred; (c) Retail Developer shall from time to time have the riiht ssue record at Retail Developer's option), certificates indicate status of any sums due to it for the Park Enhancement/Acquisitio Any such sums not paid to the Retail Developer within ten days after such payment is due shall bear interest at the rate of 18% annum ut not more lean the highest rate permitted by law) and shall nnstituterlien on the p perty within the SAP that is by such De Party from whomuch payment is due. (c) Street Right -of -Way ImovemTn orderJfoster a uniform aesthetic, the Developer, -Parties or Reta eveloper Party, whe appropriate, agree that any right oy improvements the northern of NE 38th Street, all of NE 39th Street; -and the sout rn half of d Street Veen NE 1st and 2na Avenues, as well as 'zit-of-wa3Urnprovemto NE 1st and 2nd Avenues between NE 38th and 42nd Stems, shall -include the entire length of the block, even when SAP ties only kc-up" on o he block. The Retail Developer Party shall, at a m, hove the ri f--way immediately fronting SAP Properties along N "'t ands Streets. -Developer Parties and Retail Developer Party agree to con rovements t and maintain, at their sole cost and expense, any non-standard e righf--way as described above. Theeveloper Peres further agree to support the City's best efforts to effectuate the co action of improvements within portions of the right-of-way fronting non -SA es and which will serve to create a uniform or complementary design aest c within the SAP Area, whether through the adoption of design guidelines requiring right-of-way enhancements which complement the non- standard improvements proposed by the Developer Parties, solicitation of an appropriation from another governmental body to construct such improvements, or other appropriate action. In the event the City's best efforts fail to procure either funding for or construction of the desired right-of-way improvements within three (3) years of the Effective Date of this Agreement, the Retail Developer Party further agrees to design and construct the improvements within the portions of right-of-way fronting on non -SAP Properties along NE 40th and 41st Streets. {26388785;1 } [25155930;7) 14 (d) NE 42°' Street Landscaping Enhancements. As evidenced by the letter of support dated November of 2011 from the Buena Vista East Historic Neighborhood Association ("Association"), attached hereto as part of Exhibit "E". the Retail Developer party shall work collaboratively with the Association on the final design treatment for the north wall of the building slated for development on north block within the SAP Area, the preliminary design treatment for which is illustrated on pages A3.4 and A3.5 of the Design Concept Book, attached hereto as part of Exhibit "B". The Retail Developer Party shall present the final design treatment to the Planning Director for review and approval, following consultation with the Association, which iew shall be evaluated for consistency with the standards set forth in , Table 12. Section 16. Local Development Permits. (a) The development of the SAP P r.; in accordanceh the Existing Zoning is contemplated by Developer s. Redevelopment owe SAP Property may require additional permits or approvals from the City, Cow, State, or Federal government and any division there S to requiredal process and approvals, the Citymake a goo•-K--- fort to take all reonable steps to cooperate with and facilitate -all such app s. Such approvals include, without and any successor or analogous limitation, the followinppry and pe approvals and permits: (1) ivisroplat and/or waippprovals; (2) =- errant or4gnity of Time acceptance or the release of existing unities or counts; 3-kuilding Remits; (4) Certificates o4 use and/or occupancy; Stormwatcr Permi (6)_Develop-matt of Regional Impact approval, modification or exemption; (7) Any'fier official action of the City, County, or any other government agency having the effect of permitting development of the SAP Property. (b) In the event that the City substantially modifies its land development regulations regarding site plan approval procedures, authority to approve any site plan for a project on the SAP Properties shall be vested solely in the City Manager, with the recommendation of the Planning Director. Any such site plan shall be approved if it meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan and the terms of this Agreement. {26388785;1}[25155930?} 15 Section 17. Necessity of Complying with Local Regulations Relative to Development Permits. The Developer Parties and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve the Developer Parties of the necessity of complying with the regulation governing said permitting requirements, conditions, fees, terms, licenses, or restrictions. Section 18. Reservation of Development Rights. (a) For the term of this Agreement, the Ci agrees that it shall permit the development of the SAP Property in accordan with the Existing Zoning, the Comprehensive Plan and the Agreet' (b) Nothing herein shall prohi increase in theensity or intensity of development permitted in the Area in a manner consistent with (a) the Existing Zoning and/or the Comprehensive —Plan, (b) any zoning change subsequently reques or initiated e-- B-- eloper Party in ivcordance with applicable provision a -°° sr (c) any z change subsequently enacted by the City. (c) The expiration or termina of th 1 not be considered a waiver of, or limitation upon, the Tights, including but net limited to, any claims of vested —rights or e € stable estopptainechseld by Developer Parties or its successes or assigro continucAevelopment of the SAP Property in conformity with ExistZoninnd all activprior and subsequent development permits or A dcvclopment the Sectio. Annua"ew (a) The City shaliew the -development that is subject to this Agreement once cVery twelve monthsommencing twelve (12) months after the Effective Date,, through tl expiration or termination of this Agreement, or approved devment riggisted on pg. A1-9 of the Design Concept Book, whichever occurs fit. City shall begin the review process by giving notice to Develope , a minimum of thirty (30) days prior to the anniversary date of the Agreeme , of its intention to undertake the annual review of this Agreement. Copies of such annual review shall be provided to the Developer Parties. (b) Any information required of a Developer Party during an annual review shall be limited to that information necessary to determine the extent to which the Developer Party is proceeding in good faith to comply with the terms of this Agreement. (c) If the City finds, on the basis of competent substantial evidence, that a Developer Party has not proceeded in good faith to comply with the terms of the Agreement, {26388785;1 } [25155930;7) 16 the City may take action to terminate or amend this Agreement with respect to said Developer Party. The City shall provide said Developer Party with written notice of its intent to terminate or amend the Agreement. Said notice shall state the reasons for the termination or amendment. Upon receipt of such notice, the Developer Party shall have thirty (30) days to cure the default, or such longer period of time as may reasonably be required to cure the default if the default by its nature cannot be cured within thirty (30) days; provided, however, that the Developer Party commences certain acts within thirty (30) days and diligently pursues the cure thereafter. Should the Developer Party fail to cure within the aforementioned period, the City may terminateor amend this Agreement as to that Developer Party in accordance with the - 1 ;.r°ments of Section 36. Section 20. Notices. (a) All notices, demands and requehich may or are required to be given hereunder shall, except as o 117=1AV e expressly praucled, be in writing and delivered by personal service ent by United Stategistered or Certified Mail, return receipt requested, p • ' e prepaid; or by overt express delivery, such as Federal Express, to the pa t t ss. -tresses listed -below Any notice given pursuant tot reement sh.. _• -emed given wherreceived. Any actions required to becreunder w q. fall on Saturday, Sunday, or United States legal holidays situ* b : -; ed to be k armed timely when taken on the succeeding day thereafte �z•ich s ` •t be a ` • ay, Sunday or legal holiday. To Developer Parties: nager Cif Miami 3500-fin American Drive iamrL 33133 City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 Planning & Zoning Director City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 39th St. (Del.) LLC 40 District LLC Ben Newton LLC {26388785;1 } [25155930;7 } 17 Cumberland Acquisitions, LLC Dacra Design 4141 LLC Dacra Design Associates (Del.) LLC Dacra Design Moore (Del.) LLC FCAA, LLC Half Circle Property (Del.) LLC Lovely Rita Acquisitions, LLC McCrory Design Associates (Del.) LLC McCrory Design Buick (Del.) LLC MID -I Lee, LLC Moonlight Mil Monte Carl Mosaic ( Norwea'` ood iisitions, LLC Oa a Associates) ) LLC irginia Acquisit LC Lane Acsuistions L isitions, LLC fates (Del.) LLC Crai •` ' ii. ins 38MNE 2nd Avenue, Ste. 400 Miami 33137 17Ia olden g Group, Inc. Attn: ohn Petersen 4218 E 2nd Avenue, 2nd Floor Mia L 33137 -‘41111b Akerman Senterfitt Attn: Neisen O. Kasdin, Esq. 1 SE 3rd Avenue, 251h Floor Miami, FL 33131 (b) Any Pa tote greement may change its notification address(es) by providing written notificati on to the remaining parties pursuant to the terms and conditions of this sectialir (c) Upon the occurrence of any event of default by any Developer Party, as described in Section 28, or a determination by the City that a Developer Party has not proceeded in good faith to comply with the terms of this Agreement, as described in Section 19, the City shall provide written, courtesy notice of said default to each non -defaulting Developer Party. Said notice shall identify the name of the defaulting party, the address of the subject property(ies), and specify the default. {26388785;1} [25155930;7} 18 Section 21. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by the parties hereto, that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in the County. In addition to any other legal rights, the City and Developer Parties shall each have the right to specific performance of this Agreement in court. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforemerd courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Section 22. Voluntary Compliance. Developer Part ands City agree that in the event all or any part of this Agreement is struck down by.'-_____ al proceedir preempted by legislative action, Developer Parties and the City shall e to honor the terms and conditions of this Agreement to the extent allowed by law. Section 23. No Oral Change or Termination. Thi• eement an exhibits and appendices appended hereto and i __,,"crated hereinrence, if any, co itute the entire Agreement between the parties with respect to the s t matter hereof. This Agreement supersedes any prior agreements or -understandings be the parties with respect to the subject matter hereof, and no change, nirificatrotmLclischa =_ ' -reof in whole or in part shall be effective unless such modifican or di is in wring and signed by the party against whom enforcement of the -change, uglification of large is sought. This Agreement cannot be changed ogerminated fly. Section 24. Complian 'th amble La Subject to the terms and conditions of this Agreement —throughout the Ierm—of this-greemesi Developer Parties and City shall comply with allficable f-=: _ statclocal laws, rules, -regulations, codes, ordinances, resolutions, admmitive orders, p• ; ' s, pokes and procedures and orders that govern or relate to the respectivearties' obligat and parmance under this Agreement, all as they may be amended fro===,s e to time. Section 25. Re, -ntations- •resentatives. Each party represents to the others that this Agreement has bee ,-41.m y aut► ed, delivered and executed by such party and constitutes the legal, valid and bindingb-i- of such party, enforceable in accordance with its terms. Section 26. No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided. Section 27. Failure to Exercise Rights not a Waiver: Waiver Provisions. The failure by any party to promptly exercise any right arising hereunder shall not constitute a waiver of such right unless otherwise expressly provided herein. No waiver or breach of any provision of this {26388785;1 } [25155930;7) 19 Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. Section 28. Events of Default. (a) An event of default by any one Developer Party shall not constitute an event of default by all Developer Parties and shall not adversely affect the rights of those parties in good standing under this Agreement. (b) A Developer Party shall be in default under this Agreement if Developer Party fails to perform or breaches any term(s), cant(s), or condition(s) of this Agreement, which breach is not cured witImthirty (30) days after receipt of written notice from the City specifyi ture of such breach; provided, however, that if such breach cannot r- ablcured within thirty (30) days, then Developer Party shall not be l ault if it commences to cure such breach within thirty (30) days and diligrosecutes suchre to completion. (c) The City shall be in default undis Agreement if the lafails to perform or breaches any term(s), covenant(s), con ;ors) of this ment and such failure is not cured thirty (30) • "'-=wing receipt of en notice from any Developer Part ing the na 4 of such breach; provided, however, that if such breach cant reanably be cum21 within thirty (30) days, the City shall not be in default if it -commences to cure Rich breach within thirty (30) days and diligently prosecutes slh cure tcrsmpletior (d) It shalLitot be a d�rilt under eemeniiy party is declared bankrupt by a court ompetejurisdiction= All rights and obligations in this Agreement shall survive such bankruptcy of comer party. The parties hereby forfeit any right inate on thnkruptcy of the other party. The de -af a sucePssor or assignee of any portion of Developer Party's rights hereunder NViot be deemed a breach by such Developer Party. edies Uporfault Nei arty merminate this Agreement upon the default of the other party, but shaave alkof the remedies enumerated herein. Upon the oWrrence of a default by a party to this Agreement not cured within the applicable grace period, Developer Parties and the City agree that any party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such party to also seek monetary damages, injunctive relief, or any other relief other than termination of this Agreement. The City hereby acknowledges that any claim for damages under this Agreement is not limited by sovereign immunity or similar limitation of liability. Section 30. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, hereafter be determined to be invalid or {26388785;1 } [25155930;7) 20 unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. Section 31. Assignment, Transfer, & Joinder. (a) This Agreement shall be binding upon each Developer Party and its heirs, successors and assigns, including the successor to or assignee of any Property Interest. Each Developer Party, in its sole discretion, may assign, in whole or in part, this Agreement or any of its rights and obligations hereunder, or may extend the benefits of this Agreement, to any holder of a Property Interest without the prior written consent or any other approval e City. Notice of any assignment or transfer shall be provided to the Ci .1I' I dance with the requirements of Section 20. Any such assignee shall a-- e aplicable rights and obligations under this Agreement and upon s assumptior he assigning party shall be released from all obligations as s�by such assign (b) Additional parties, whether affi or assignees of a Developer Party or an unrelated third -party, may be adde his Agreement if the added holds a Property Interest in Miami Des :grr sttrict, as defined in prior Zoning Ordinance 11000, mopo tarty SD -Any unrelated third -party desiring to join the SAP must satishe ' Space, Civic Space, and parking requirements required under the Miami l Code, ndependen f the Open Space, Civic Space, and par ' ded by tlr evel peE Parties wi the SAP Area. Said parties may b__,Eris Agreemnnt tlloglr xecufion of a joinder form in the form 'attached as EMibit "D", whkl(form she recorded in the public records of Miamilade Cory. Such 1 shall be a Developer Party, and such joinder form shalom ackn xd=ecl ed un this Agreement. Any rights conferred a zo Design governing n Section 32. any contrary to .. rovision icuntained herein, in the event of any lawful termination of this Agreement, the following oblions shall survive such termination and continue in full force and effect until the ex.' a one year term following the earlier of the effective date of such termination or the : ation of the Term: (i) the exclusive venue and choice of law provisions contained herein; (ii) rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement, and (iii) any other term or provision herein which expressly indicates either that it survives the termination or expiration hereof or is or may be applicable or effective beyond the expiration or permitted early termination hereof. er to an—addltional—narty areject to City Commission action approving las ar=dment d uin ing the joined property a part of the Miami t ReStreet SAP -in compliance with any and all applicable laws of suction. ations Sul 'n Termination Hereof. Notwithstanding and prevailing over Section 33. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the City and Developer Parties and neither Developer Parties nor its employees, agents, contractors, subsidiaries, divisions, affiliates or guests shall be deemed agents, instrumentalities, employees, or contractors of the City for any {26388785;1} [25155930;7} 21 purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of Developer Parties or their subsidiaries, divisions or affiliates. Section 34. Cooperation; Expedited Permitting and Time is of the Essence. (a) The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities pursuant to this Agreement. The City shall use its best efforts to expedite the permitting and approval process in an of -r==4 assist Developer Parties in achieving its development and const _ _ e milestones. The City will accommodate requests from Devel r -arties' general contractor and subcontractors for review of phased o multermitting packages, such as those for excavation, site work andidations, building shell, core, and interiors. In addition, the City will designrl individual witlhe City Manager's office who will have a primary (thou_ .t exclusive) duty to serve as the City's point of contact and liaison with Devel.. 'arties in=order to facilitate expediting the processing and issuance of all pe and license applications and approvals across all of the vdepaitinentfices of the Cityvhich have the authority or right to 'review -and approve�� 1 applications for such permits and licenses. (b) Notwith the foregoing, they shaot be obligated to issue develapine,nt permits to the xte developer —does not comply with the applies requirements of the Existing Zoning the Comprehensive Plan, this Agreemerltand applicable buildicodes. In the eventthat a eveloper ' ate, its successors and/or assigns fail to act in accordance 'h the t of the Existing Zoning, the City shall seek enforcement said viola uporio property(ies) within the SAP controlled by such —Evveloper Partyits successor and/or assigns, as applicable. (b) Enfoient of #111S Agreement shall be by action against any parties or person violatinting to violate, any covenants set forth in this Agreement. The prevailing n any action or suit pertaining to or arising out of this Agreement shall be entit ed to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her/its attorney. (c) This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Section 36. Amendment or Termination by Mutual Consent. This Agreement may not be amended or terminated during its term except by mutual agreement of a Developer Party and the City or following an event of default. Prior to any amendment or termination of this Agreement {263 88785; 1} [25155930;7 } 22 during its term, the City shall hold two public hearings before the City Commission to consider and deliberate such amendment or termination. Section 37. Third Party Defense. City and Developer Parties shall, at their own cost and expense, vigorously defend any claims, suits or demands brought against them by third parties challenging the Agreement or the Project, or objecting to any aspect thereof, including, without limitation, (i) a consistency challenge pursuant to Section 163.3215, Florida Statutes (2011), (ii) a petition for writ of certiorari, (iii) an action for declaratory judgment, or (iv) any claims for loss, damage, liability, or expense (including reasonable attorneys' fees). City and Developer Parties shall promptly give the other written notice of any such action, including those that are pending or threatened, and all responses, filings, and pleadings -with respect thereto. Section 38. No Conflict of Interest. Developer Part to comply with Section 2-612 of the City Code as of the Effective Date, with respect jo conflicts terest. Section 39. No Third -Party Beneficiary. and the City, their heirs, permitted success under this Agreement. Section 40. Counterparts. This Arcement may each of which shall constitute an or'�a_; t all of wh one and the same agreement. ons or entities than Developer Parties assigns, shall hav any rights whatsoever ted in two or n! counterparts, hen taken together, shall constitute Section 41. Status. Upon -request fro ` _=- e to time by any . -loper Party, or its successor and/or assigns, or any Trrortgaee=of any Dewloperr-zts su - ssor and/or assign, the City shall deliver to sucluesting y a letterjirEwordab1e , if requested) stating whether the obligations of sucteveloperMrty or its successor and/or assign under this Agreement are current and in good stance_ or h e been satsr d. In the event such Developer Party or its successor is n ligatiis or such obligations are not satisfied, said letter s a e e ular manner in whitsuch- person's obligations under this Agreement are no ent and in good standing or not yet been satisfied. NOTHEREFOREe City -and Developer Parties have caused this Agreement to be duly executed [Signalocks for City and Developer Parties] {263 88785; 1} [25155930;7 } 23 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTYIOF MIAMI-DADE 39th St. (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager The forgoing instrumewas ackwledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANGER Lla Delaware limited liability company, in its capacity as manager of 39th St. (Del)-LLC a Delaware limited liability company. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930? } 24 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. 40 District LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: B Print Name: itle: Print Name: STATE OF FLORI CO F MIA DE am Th dregoing instrui was aagtowledged before me this day of 2012, by , asw of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLa Delaware limited liability company, in its capacity as manager of 40 Distri LC His personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1}[25155930?} 25 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTYIOF MIAMI-DADE Ben Newton LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager B nt Name: Title: The foie Ding instrumewas acknowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MAER LIa Delaware limited liability company, in its capacity as manager of Ben NewtLC= is personally known to me or produced dr as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 26 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTYIOF MIAMI-DADE Cumberland Acquisitions, LLC a Delaware limited liability company MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager The foie Ding instrumewas acknowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MGER LIa Delaware limited liability company, in its capacity as manager of Cumberlai &c a Irons, LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 27 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Dacra Design 4141 LLC a Delaware limited liability company, by DACRA 4141 MANAGING MEMBER, INC., a Florida corporation, its managing member. Witnesses: B Print Name: itle: Print Name: STATE OF FLOR COUNT ;'' F MIA DE am Thregoing instrult wasowledged before me this day of 2012, by , 1� of DACRA 4141 MANAGING MEMBER, INC-Florida corrumtion, on behalf of that corporation in its capacity as managing member of Dacra sign 4141_,C, a Delaware limited liability company, on behalf of that company. He is personally known to me or who produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930? } 28 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLOR CO 1F MIA y)ADE Dacra Design Associates (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager B tint Name: Title: Th. going instrun was af.rtowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLa Delaware limited liability company, in its capacity as manager of Dacra = •n Asso -_--s (Del.) LLC, who is personally known to me or who produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930? } 29 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Dacra Design Moore (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: Print Name: Print Name: STATE OF FLORIDA The fore instrume as acknowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANEa Delaware limited liability company, in its capacity as manager of Dacra Desig =' - (Del.) LLC, who is personally known to me or who produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930;7) 30 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA IDA COUNTY GF MIAMI-DAD= The foregoing instrume 2012, by ASSOCIATES MAN manager of FCAA, LL My commission expires: FCAA, LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manage as acknowledged before me this day of , as of MIAMI DESIGN DISTRICT , a Delaware limited liability company, in its capacity as ersonally known to me or produced as identification. NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930? } 31 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Half Circle Property (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manage Witnesses: Print Name: STATE OF FLORIDA The foreas acknowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANR , a Delaware limited liability company, in its capacity as manager of Half Circle ' (Del.) LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930?} 32 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Lovely Rita Acquisitions, LLC a Delaware limited liability company, by MDDA SWEET BIRD MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: B Print Name: itle: Print Name: STATE OF FLOR CO 1F MIA a== DE am Th. going instruntmut was c.ia.owledged before me this day of , 2012, by , asp of MDDA SWEET BIRD MANAGER LL _ _ elaware limited liability company, in its capacity as manager of Lovely Rita Acquisitions, L He is per-sonally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 33 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI- strument was ac McCrory Design Associates (Del.) LLC a Delaware limited liability company By: Print N fore me this day of , as of McCrory Design Associates (Del.) "who is perso knowme or who produced as identification. My commission NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930;7} 34 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA ilibk COUNTY OF MIAMI- E Ilatrument was ac 2012, , as McCrory Design Buick (Del.) LLC a Delaware limited liability company By: Print N T. fore me this day of of McCrory Design Buick (Del.) LLC, w personally kn wi to rileAlLwho produced as identification — My commission e NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930;7} 35 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. MDDA Garage LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware ited liability company, its manage Witnesses: Print Name: Print Name: STATE OF FT ,OR IDA COUN The fore instrume as acknowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANSa Delaware limited liability company, in its capacity as manager of MDDA Gara L, He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930?} 36 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTYIOF MIAMI-D MID -I Lee, LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager B nt Name: Title: The forgoing instrum: ,_ as ackwledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MER, L a Delaware limited liability company, in its capacity as manager of MID -I LeC LC.is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930?} 37 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTYIOF MIAMI-DADE Monte Carlo Associates (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager The foie Ding instrumewas acknowledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MANGER LIa Delaware limited liability company, in its capacity as manager of Monte Car ssociates (Del.) LLC. He is personally known to me or produced 11, as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930?} 38 IN WITNESS hereof the parties have caused this Agreement to be duly executed and signed as of the date written above. Witness: Print Name: Print Name: STATE OF FLOR COU1` T OF MIA DE Moonlight Mile Acquisitions, LLC, a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager The going instruct was ciazowledged before me this day of 2012, by , as, of MIAMI DESIGN DISTRICT ASSOCIATES v':-y AGER LLa Delaware limited liability company, in its capacity as manager of Moonh W ile Ac - itions, LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -large Print Name: {26388785;1 } [25155930;7) 39 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Mosaic (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: B Print Name: itle: Print Name: STATE OF FLORI CO F MIA DE am Thdregoing instrui was aowledged before me this day of , 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MVI IMAGER LLa limited liability company, in its capacity as manager of Mosaic (Del.) LL = s pers GA- 1 y known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 40 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Norwegian Wood Acquisitions, LLC a Delaware limited liability company, by MDDA SWEET BIRD MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: B am Print Name: itle: Print Name: STATE OF FLOR CO 1F MIA a== DE Th. going instru was ac.kaowledged before me this day of 2012, by , asw of MDDA SWEET BIRD MANAGER LL - > elaware limited liability company, in its capacity as manager of Norwegian Wood sitions,C He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 41 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: Oak Plaza Associates (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager STATE OF FLORIDA COUNTYIOF MIAMI-D The forgoing instrum as ackwledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES MGER LLa Delaware limited liability company, it its capacity as manager of Oak Plaza oci t Del.) LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 42 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Penny Lane Acquisitions LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager nt Name: Print Name: Title: Print Name: STATE OF FLORIDA COUN The as ac'..wledged before me this day of 2012, by , as of MIAMI DESIGN DISTRICT ASSOCIATES M ER L Delaware limited liability company, in its capacity as manager of Penny La q 4ns LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 43 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Rocky Raccoon Acquisitions (Del.) LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: B am Print Name: itle: Print Name: STATE OF FLOR CO 1F MIA y)ADE Th. going instrun was ac.kaowledged before me this day of , 2012, by , asw of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLB a Delaware limited liability company, in its capacity as manager of Rocky Racoon Acgmsitions (Del.) LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1 } [25155930;7) 44 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Sweet Virginia Acquisitions LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager Witnesses: B Print Name: itle: Print Name: STATE OF FLORI CO F MIA DE am Thdregoing instrui was aowledged before me this day of 2012, by , asp of MIAMI DESIGN DISTRICT ASSOCIATES MANAGER LLa Delaware limited liability company, in its capacity as manager of Sweet V is Ac tons LLC. He is personally known to me or produced as identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1}[25155930?} 45 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Th 2012, by MANAGER LL Dancer Acquisitio My commission expires: Tiny Dancer Acquisitions LLC a Delaware limited liability company, by MDDA STARDUST MANAGER, LLC, a Delaware limited liability company, its manager B itle: am was . •wledged before me this day of , a of MDDA STARDUST ted liability company, in its capacity as manager of Tiny rsonally known to me or produced s identification. NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930;7) 46 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Uptown Girl Development LLC a Delaware limited liability company, by MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager B itle: Th. -going instru . was . .wledged before me this day of 2012, by , a of MIAMI DESIGN DISTRICT ASSOCIATES vAGER L a Delaware limited liability company, in its capacity as manager of Uptow Dever ent LLC. He is personally known to me or produced s identification. My commission expires: NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930;7) 47 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIA "ADE The g insti wledg 2012, by , as is personally known t re=or who -produced My commission expires: Flagler Holding Group, Inc. a Florida for -profit corporation By: Print Nam Title; efore me this day of • of Flagler Holding Group, Inc., who as identification. NOTARY PUBLIC, State of Florida at -Large Print Name: {26388785;1} [25155930?} 48 IN WITNESS hereof the parties have caused this Agreement to be duly entered into and signed as of the date written above. Witnesses: Print Name: CITY OF NIIANII, a municipal corporation located within the State of Florida By: Johnny Martinez C' Manager Approved as to fo -:• correctness: Print Name: B ulie Bru, Esq. =Attorney STATE OF FLORIDA IDA COUNTY -OF MIAMI-DA The foregar instrumeras acknowledged before me this day of 2012, by Johnny Mez, in his capacity as City Manager, on behalf of the municipal corporation, who is personall rnawn to me or who produced identification. My commission expires: as NOTARY PUBLIC, State of Florida at -Large Print Name: {263 88785; 1} [25155930;7 } 49 {26388785;11,75155930;7) 50 Exhibit "A" Legal Descriptions of the Property {26388785;1 } [25155930;7) 51 Exhibit "B" Miami Design District Retail Street SAP Regulating Plan and Design Concept Book {26388785;1 } [25155930;7) 52 Exhibit "C" Retail Developer Party Retail Developer Party Entities: 40 District LLC Cumberland Acquisitions LLC Dacra Design Associates (Del.) LLC Dacra Design Moore (Del.) LLC FCAA, LLC McCrory Design Associates (Del.) LLC Moonlight Mile Acquisitions, LLC Mosaic (Del.) LLC MID -I Lee, LLC Oak Plaza Associates (Del.) LLC {26388785;11 ,75155930;7) 53 Exhibit "D" ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT OF JOINDER This ASSIGNEE OR ADDITIONAL PARTY TO DEVELOPMENT AGREEMENT JOINDER FORM ("Joinder Form") is executed this day of , 20 by the undersigned entity. RECITALS WHEREAS, the City has entered into a DevieAgreement dated 20 and recorded in the public records of Miami -ale Cow, Book , Page ("Development Agreement") with cer eveloper Pares defined therein; and WHEREAS, the Development Agre not secures certain bend and obligations for the mutual benefit of the City and the Developer. Partie set forth in the Development Agreement; and WHEREAS, the Developmen ent allows er of additional parties, when such additional party own any Propertlterest In the Miami —Design District as defined in the prior Zoning Ordinance 11000, more pacularl described in "Exhibit attached hereto; and 44 WHEREAS, Development Agreement requires , t such additional party execute this joinder form in order—Arl_becomt party to t evelopment Agreement; and undefined desires-to-enjthe benefits conferred upon the Developer Parties under the Devdopment A Bement, and M consideration for such benefits agrees to be bound bye obligations imposed tin upon the Developer Parties; and NOWEREFOREconsidesttion of the benefits conferred upon any Developer by the aforementiotDevelopmegreement, and certifying that the above recitals are true and correct, and incorporating such recitals herein, the undersigned does hereby execute this Joinder Form and becomes a Iloperty pursuant to the Development Agreement. The undersigned sail assume all of the benefits, and be bound, comply with, and perform all of the obligations, as set forth in the Development Agreement and as applicable to the Property Interest which the undersigned owns upon the adoption of a Zoning Atlas amendment to Miami 21 designating the Miami Design District Retail Street Special Area Plan. The undersigned shall be obligated to the City for the benefit of the City, and the City shall have all rights and remedies set forth in the Development Agreement to enforce the terms of the Development Agreement against the undersigned, to the extent applicable to the Property Interest owned by the undersigned. {26388785;1} [25155930? } 54 SIGNATURE PAGES TO FOLLOW The undersigned also hereby represents that it has full power and authority to execute this Joinder Form, and certifies to City that none of its owners or officers, nor any immediate family member of any of such owners or officers, is also a member of any board, commission, or agency of the City. WITNESSES: [COMPANY/CORPORATION NAME] By: Print Name: Print Na Title: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) The foregoing instrum owledgbefor 2012, by , the of , a Florida limited liability company / corporation; on behalf chat comp---• n its capaci as of , a ri.da lie d liability company, on behalf of that company; such ) [ Ibiriersonallyown to me or [ ] has produced person is (c. - LI - as identi NOTARY PUBLIC, State of Florida Print Name: Commission No.: My Commission Expires: {26388785;1 } [25155930;7) 55 The City hereby acknowledges and consents to the joinder of the above signatory as a Developer Party to the Development Agreement. WITNESSES: CITY OF NIIANII, a municipal corporation located within the State of Florida Print Name: Print Name: STATE OF FLORII� ) ) SS: COUNTY OF MIAMI-E ) By: B Johnny Martinez C r A,„ ved as to form and ctness: Julie 111 Esq. City Attorney Illstrument was ac ge'•� fore me this day of nn Martinc�in his -capacity as � ' ana er on behalf of that mun icipal b y -cap y M g corporasuch person check o -[ ] personally known to me or [ ] has produced as idencation. NOTARY PUBLIC, State of Florida Print Name: Commission No.: My Commission Expires: {26388785;1} [25155930;7} 56 Exhibit "E" Letter of support from Buena Vista East Historic Neborhood Association dated November of 2011 {26388785;1 } [25155930;7) 57 GFAPI3tC SCALE! 89.2040,1 MOOT, COXNRRCIAL RUM VISTA 14.9' WIDE ALLEY cr ALTA/AGSM LA S Et VEl' ' LEGAL OE5CRIPR0K' (= PROM. Rh G'LfEnT) That portionof Lots 19. 20 ond 1,1 pt Black Z Soak 14 Ptage 56, of the P la Records oMara, or BMW. COVRr, o oordlrtg tothe Plat thereot CL vv tniaml-..aria Cawry, Florian. otter artgaatad far Mkt Luvreac., kg _6khr.Rkh deetRkCa,F to LOCATION SKETCH CITY OF MIAMI, MIAMI-DADE COUNTY, FL. SCALE l' 300' MEI, No 03-82522 DC-5372-2 7- Hr bl GRAPHIC SCALE 13II.73(0118 DOUBT Y.B. >, IAD SY 7-754 lening Fe-13-6 (SQUR0E`http://wwmretort Ls o. CS- 1 FGEND: UNE TYPES 1R� TIMLE SURVEY LOCATION SKETCH CITY OF MIAMI, MIAMI-DADE COUNTY, FL. SCALE 1"=300' LEGAL OESCRIPPON: (AS PPOWIDEO Ec CLIENT) nii of Lot ] and Lot 8 loss the fol.. described property Begt,. at the Northsoto 81,802E 80827 aesording to the Piat theree5 ancorded 1n P. Soak ], at Page 3 Ic Records of Dotle C. . nor. now known o o,,,do C y,Po,. then run g the Non a distance 2 feet to the feenthrrest corner of said Lot thence , nq t the Ieest line of salA iot 3 a d(s(apw o 89,30 feet to the Southwest corner of ;onq Me South One of ssin Lal 8 o dlxton fe o8, fora ista c a point; tfeet to ot. oa s Ilrte govnetn»tU,evnO 30 92 tee, East o1 the arc f a or said Lot 8, for o distance of 7Cen feet n paint 0 ' thence o elan, the arc th e t vs hating 0 redios of 1 8 feet and v rot on. or Eilock .3, f 30rdin fa sold et to Me Northeast of. e s 5, o . - c Sleek f CKtw,NE G - tt'ording to the P.. t Cou riled in .tot gook ], o. g ], or .ho Prratr. Rewetlg al Dade Co londn non xrt�wn as Minrni-patle Oountl tiontlo. SL.. to the 113.3i3matters u sord ae desisted in Sc.,. 3 Section 2 Exc... el £].m Aericon Title a Company, Connitmenf for 951e lnuwwca, Agent's F. No. 35208 FAST 1. Number: IOO2-25G3185, Eft.. ne 22, 2011 of 800 An+. W t;7 N U (/5 ORDER ha 03-82521 1 of 1 DC-5374-2 511FIVEYOWS NOTES I MAP OF ALTA/AGSM LAND TITLE SURVEY. 2. LEGAL DESCRIPTON, 61N,.:78cnr..7: Ss). or !Ina P PO,. or )), SlInsk J.1,51,1 )») Snlions,) sh.$) purl of Sot :lass 2 of )31)_-)00, Scs ),,1))), :Ss :=4 Lnnt nrtd po)),,Ssi tort, Went )1 AND Cnnnfs,nins 7,0.S Sq., Fess or 0 )5d Acres eneyis oe .snn ncloni»Sion) 3. ACCURACY, 4 SOURCES OF DATA oontrol: Ss), C.stnimin»)), o .1»s )4, nsr Fedor,: erne,,ency sIns)),,ennent Ass,nos SYsr)Sser Pone) 1,sieninst/Revines. Dste: SS1-11-21)0)) Us: S»Inr))1 s_merssnncy ).1cr,erneni. A.,C, sr )t,), Seco. Govenrsnon) Ages, s,$)n)1 ossn ss), snst,)), P)), So sny _S»)yrnsi, bnins) s-ssne )))), Zone as She reiersnced sods-, Snsnngssnsn) ))),S) As to hOrizonial Control: of Micyrn-Dade, Florrds 5. LIMITATIONS ''SS.7))))eS)) ods)sen Inn) :hens mry s),) the, SurbjectsProperty tSas urs no) si,nsn on )M1,1 Ss), S,1,4,-0..scrZ4t» )).).spc»es » innSsIsoi,n 6. STATEMENT OF EI,ICROACHMaITS. 7. 01EN8 INFORMATION 'Ws ALSISS/A)))))) Sand TM» Surysy nne) Son)), Map ,-.)»saing th»relrorn was pressen)" .») the tnsis)»nns 8 AMMONAL NOTES, sans thn OLD) Ps-rn,) de,rnsinn)inrs »solo dnIsr)n, tn.s. sys,ontsiss -)1»ss. - sin nernnt-ntiss nss,,en) prose, Micnn) Ann), n's) M.1). Slins)) (s)»blin FInods, Hendisissual PorS)ns , ALTA/ACSM LAN TILE SUM/ of 7,32 N.E. 39th STREET, 3825 NORTH MIAMI AVENUE, 3840 N.E. MIAMI COURT, MIAMI, MIAMI-DADE COUNTY, FLORIDA, 33137 for DJ CRA DEVELOPERS, INC, I ' t, C II „, • "'LEE' 1- < < ?'• - 7,1 Nt.16[888 '88 .111 Nwss,nsi VICINITY MAF NOT T,D SCALE fr , 8140 , • . I • I, I I98-19 , ti STREUC LOCATION SKETCH NOT 70 SCALE:. nnsrss), )))) 01, rnsrurnns, sSosin ISs s-ssay esisi »ns tts, Incn),o-s. -snins. nse sn, sInssscstIons nre Ps,,$),Y s)snss., SS) ))) sns, , ssnses, tsc-r. ans n, v)s)h))) c.),,resonnIss, »cofIls). n.),,,asgs cf nny snprossmants S., onns-,), n»), )))))))s-c,-..n-s, nci,oson) )onn enn)onchments .ns,nsernsnts s.,),»Ss, si,nr»)) Uns.onnSo.-. cf sn&s.,) on gss, Insurers, S.)sis ,Soses 9. NOTES CORRESPONDING TO SCHEDULE B SECTION II. SUBJECT TO: 21,0 8,C)).4,1, snd isrnis,ed to fhs nr»Jessigsed survey., in snos, any stle) , reso,ns 2r;22,2 thr. sub nsolss)))) ss ,n1s))))) sr,,S.$) Ons ors, coven», »nnIssor o Sq.)), s))))))), nuns, origin 7G ft), es)ent susn noyenunt», ssoss, In Arnesded and Rostafed »»rtgoge nsrus.),),), sss) ps-)nersts,. 3onls, an..,»Snmo t,o,),Q).0 slot, 1,10,), 14, MU, Iss)s) )scrsn ns .0),“ Resonss Book Inno» 1)55, ))) »e n..-)smn) »,sns,o) crsunt of $.3.72.8.211.)._, Cassis 1 or»S a), , Ocnnn Onsign Assc»»1», std.. s .rnIts) s5sstser»his, to )))),$)))),) Bos1), nn Alnenms Sunkin), so,s»nntron, `Sad March )20, 2))),2, Sissv), Scd) un, C).»., ups)) », SoSsien) ns, ,scures Pc),y, Mors, 2002, Offniol Record» Hook o) Pugs 1198 Osarce,s ond 2). Rae, )))»), to :Ss Sub). Prnpn), ,Iss)».) smninsors )nci ess..»,ses Sy Design Mos,. (Ds)) ) Dslossors S.)), ImInnky nns Du»), assiss, Assns., )to Rork), .7))).s..) paetssiship. Bossk , Amer., SSA asts, Mny )5, 72,04,), ins, SA, 7,, nmount , SPorcein 1 ond 2„ Cca, sops to Propes)y nc)In)))),,s b.nnsct noncl)io-n. ()Int pcstssh,$) 0s)sysurs ))»nniSs. ccrnssony, .n») IScors. DassIgn As)c.r.)»»), c os ions.res) Inns), gest Srtny , 0)))),1 Ecol) 2,50. -,-,c1sers SND, 0,1 snot. of CLISS,0,1 ROSS, ),),SFA, )r, s'Int S,S, bus nelet,n)) nnsenant con,tIns, restrIction nssni)Sons or rs))),)).sns vi»)c)s 42 USG 3)5.C,'(,) Boos SSA, , ns, sr,sse. 2; Dn., c.,), SSo ss ss),,ss 13»sniss ot )1, Sison)s) Doss cp)Sy so ISe Subj., An of :Se -sco),1), inisrnnot'on c»,),»» nun), »re») to tnn SURVEYOR'S OEFERROATO ossis, IStstr )). Asnssilates It , kla,Sed wers Fls/ACS)S, ,und )))13,) Skoyess, jn,),-)SIy es), os. ) Ass-S NS, :S• 1,,r1ENOLD I- SR ;ES.t,i CON1.3 FRUK2110,1 PURPO.-„S I, 0, 4 `C)POISISARAC, ISS )),,s1R), J. DonAssociates, inc .48 nen) af n ,conns.).) is-veynn nnt Slaspar. And, se)sfsos t rsny Mass by c))»» Scalc. AS MOWN 63 <55 .23 ° c on <300 1;!,-; v) LI z — <L 1)11)1)510),S, Upiste Survey I Med work 0.'2)1 .18-201, 11,0330-3.35 1000 IMO. (LIMA) 0,0, 021a200. ricitl Boo, ON FILE SHUT I Or '2 GRAPHIC SCALE LEGf NG 00 ALTA/ACSM LAND TITLE SURVEY of 2-32 N.E. 39th STREET, 3825 NORTH MIAMI AVENUE, 3840 N.E. MIAMI COURT, MIAMI, MIAM1-DADE COUNTY, FLORIDA, 33137 for DACRA DEVELOPERS, INC. ,,,I),,„•-x--..--,,,_.-T..:;-...-I, - , — N '''''''-- — "'it,'-i , _ _ , _____ —, , _ _ ______ - 1 ----12,' ---, — -.--- N.E. 39th 'STIZEET , • 1 ---,>—_---::1--.----wt ONE kr012,L" MOO Etc*, *1(11111 .3 11 13 11441111 Al '''''. ! 1 •,,,,,,L,IL, 2, ,LLD!,,,':',S 1 . i 2S /co,c0, LIST7 1411110491 1114 1.114.14Suncy 1 (1141,49414,1911 01112013 1 91 10-010-41 0,0: 13-0049 (14114141 92-11013 C.A. 11 Scale- AS SHOWN 149114991 SHEET 209 A SURVEYOR'S !IMES: I. MAP DE ALTAMCSM LA9011746 SURVEY. 2 LEGAL DESCRIFRON: there, recc,na,.- r 1,1 87, 6. ,ra.7. Pa. Ret3ONS , 3 ACCURACY: 4. SOURCES OF DATA: AstoVeVtiCal CLAM, sceied dater... the ,rbje., proper, ,,,,, F.,.o,K1 Lorm , pc,. (,,dero, Emc,,,,ncy (FF.X1A) ,20,50 ,.icp No. 1.20.50,)312, L, Rr.rn ir.dtx 09- it -2,00S, nrm Erfcctim./Ravi5ud OD .11.-2,09. occ,ole ,hauld ,,.. mate by vopore rnap, Faderd Elmetgency Loud huviog. ,nutters ,,, .1, made irom nate, , ro.ferenc. Feder, ,itotels notes to trle user ,hat mer.. tor ir,rence on,f, h01.0t11..ICSIn.L 5. umrrsnoNs: Log, Ofner,r,-, Cy Ar,ncor. Mrr,par, • othsr Informa,co o.ner Dozu wos ,r.nt m,cry . fo:n1 tho , Co,ty, , • tn, makez , 6. STATEMENT OF ENCROACHMENTS: 7. CLIENT I.NFORMADON: Oka, 07,,E1.0,,S, • ADEETIONAL narEs: Pr.. .ronin.e, SO, ACM, DESIG, Ocas the 77, - ^ro egres., , pr,,,Faes TA/ACSM LAND TITLE SUI VE1 of 3850-3852 NORTH MIAMI AVENUE, MIAMI, MIAMI-DADE COUNTY, FLORIDA, 33127 for DACRA DEVELOPERS, INC, 94 95 NwAi.H.r, VICINITY MAP 7107 TO SCCLE LOCATION SKETCH ',CT SCAYE L ,NE 367'6 37 "13C,PGLI, ,-17,50(10): . and tne, . Lhe s'nown. cr:1 tim,e C,:n, ,snle nr .,ther Om, Lc car.. . a lour Tuces TE.E. .0, 0. cc tt,e ma.ovattl., trio ,our,e,ry , Jse ,empity cre orr.ry c.0) ,Ant: 110 114, 7C.0, bee.) plc:tee. , (k) sbown ,,,occhmen, , coy Imprevamen7, NorEs CORRESPONDING TO SCHEDULE SECTION SUBJECT Ta e,,,,nrs Scned,,,, ur. Co No. 10212-.920,17. peeper. hy ArtltrIC::, Com Nr: date., , 8.0.0 cnt. rum.. ta tho mcitt, , Posstrimiaels. va,martz ond ame' on ,at ra,ord. , 87, .1;u: r,.voycncnt., ,,urv.ii,c1, or a ,,,ote. 42 UK Do. Proa, ard .r.rd c.c.,,,ad Oe.siqr 4.,soc,te, ,tfl. F,nri. PmItcu Orf,a Rom. E.,..101, 20278, w. Pu, . (r, , end ,,ecms and Roo. len, 1 m,,a, :etm, trt Colmia.13,,,,, A, Alaharno Ahn, apply to the 5,,h;f5, ,,caa,ty b:anket exec:11.:u ',CYO (1,0 LIG.. a IkuPtity c ,ortrersKip, , Senk , • i-, 4,orcis ?ASK , °he (nnt 1.60,n • comp., and Docra D.5,1 Aswolal,,s. u Paye cup!, to co,dition, 4""4447',„"444',4`474,44:444,44"44,"4 4:404 474 .44.4 (roi r,otta,e) SURVEYOR'S GERTORCATE: -LRE 9D1,4 ▪ LLC ',top Q^,-1 xhic...1 it naf,,,e,cre qv:7de 1,5,1 00, Rayulreenenta far. TA. ALIA cr, RTC- T-EITI,STS_TTS NUT 1NTENDES FOR CONS7RUCTION PURPOSES, EGO THOSE PURPOEEE A 10POGRAPKC SURVE, REQUiRE, — „- Bonfill & Associates, Inc: tk,o niqr,i, party 0,4, prd.,,,Jted Ittr, rgymanl. ,he noe,y 94 SEVfEt0., BB Updam Sucey , (Fied work of /TT 02.8-201, 10 0120.1ETTI 0051 altiR(S) Ca. OTTE-2013 SITEJBA, J SM. AS SCONES CBE Ba.. °NFU WM' 10E2 i4 GRAPHIC SCALE scALE — 20' LEGINjG. Meta, Ught , non ABEJREvimiQL6 00 ALTA/Ak..S LAND TITLE SURVEY of 3850,-3852 NORTH MIAMI AVENUE, MIAM 1VIIAMI-DADE COUNTY, FLORIDA, 33127 for DACRA DEVELOPERS, INC I , ( -4164 OV- ',22:22,-02HHEsieee•-•,.:2-III-T A • • •I .; "Ler. , 7 10 v7r,77-7' ,31 ,J 5 I'I.I' --- _.,t.,. __ _ . . _,,7,-;,,,,.,., '...,,,,,,,,,,-,,,,7.-.:,-_:_—_-,' — :II- ' ' _ ..,.,_. ''' SII-I''''''',,,,•1,:411IEI- IL-- _ - I'I- - /f,4..w. 39th STREET - -A7.839:I524,',25' , coo SNE2WN '- „,2140,r / 1R7PI-7,'47,7e--(1,7'0 '--) ^. ,,-. l' 23 -, ,.. (1:''Y'' .._. __;,, ,,•_, , —' - I" "-, - 21 ,, / 1, 1 ONI.1„ORY' colvINMRC tAl 011023N( I''S...:.•I'22111.22,','H'I'','‘;;;C 'T'HI'lz4.1'''' 1 '''' .2 NA NNW-ARS2 ' a,121 : 5 714 01' — 1h- --,_ --:----, '' ''' '''' 7- ---- a— ' 72:— '-'-11 ,,,,, „_,,j___ 't 1 r A I 1 I I I I 1 1,02SIONS 1.12 Proj. 10-022,26207 1,4 0-0051 ONAKNO Hato 02-1820H (Was, I.10. OWN AS SHOWN SNOW,. ON PHE SHEET 2 OF 2 SURVEYOR'S MOTES., Ai TA/ACSM LAND TITL SURVEY of 3900 NORTH MIAMI AVENUE & 21 N,W. 39111 STREET, MIAMI, MIAMI-DADE COUNTY, FLORIDA, 33127 for DACRA DEVELOPERS, INC. 9999,75.79'9991,92115122.55)5055 1. MAP 0, ALTA/ACSM LAND TITLE SURVEY: VIPS', F,s1d Suory wus au, re,d, 2 LEGAL DESCRIPTION. ContainIng 1,66 Sq.:a Fvoi 0.37 Aeres more ur leus a ACCURACY, 4, .90IJ ROES OF DATA: As to verticai control, 22 sect, ,hu 5E2,5 552 E2, -555 55 05 (20,2 225 '22212525, ,99„ „ F99 (19-11,20,19. Feu. 1hr Zonu su,sa ,••,e r42,52522 452, Fee,,,,uay Massgeaso. AsJea, sIstes.t. (re soles to ess, se• me..euneu pu,soals one/ As to hott2,5421Controlt LIMITATiONS: Prouesty Lhut cue. au: . Sat, W .7. may uu Rao,. m .arru Cu. CalstY, , cuy u.ner pul,,e. prarse est,. an 5, resy Sepecr. She repesentaii, to amass. srsasos, exaeur,us won asaa, l'oer lee SeSja, 1,sper.,,,, in „reed , irspeet^,sts „re shnem. leu.slerausd falesdsress, srulh. wer.e. eels aceues rega,rue ay the Stuns,se 6. STATEMENT' OF ENCROACHMENTS: V.Lirel., „rem,. reolher as. tee aumeJes, 7 CLIENT INFORMATION: DEVELO,ERS, NC. 8, ADDITIONAL. flOTES: 1.„ Nesest tdirS1,S CIES. tuesiened by City , Zare., DerAirtmerS. Quiding ruqu,ssa aeceert . Os.," , . appusent cemeter,es waSin .bjeck GruPse, " ""'"'• """ " ••• • ST '''"eNee0TI.i.....7s," • • .. ......„.1.;:)15-....",..,,..---••••••••","••••••••••••••[""„„„St NV( J6113 IT 1 : , 2616(254 )01 : 5NE 16TH S r 9 , 91- VICINITY MAP N3' ',0 SCALL LOCATION SKETCH HE TO FEALE, ,us p,emiess sos co,-ess Stea, are ele,, ur,jace, en,s.ciesen,s , iscuLse 0,711sees. !sad saar (I) the sus, t, „eau su„ u,sffess, ars (vs) ss1,1,) , ,Sneer-use.yee, 25, 0222 22,5 22,2 2525 5 ,52 9. NOTES CORRESPONDING TO SCHEDULE B-SECTION SUBJECT TO, 5, 555,5, , 9 , S.,YrsuTtresst eile No. 10.5,2392., prups.,s1 FIss, Anssrices lit.e insurance Camas,. effective doee, October 21, 5252 st0,,p2 0 4 4,05 54245,5 55545' # 1 , Nut aate„uu, mulmu shown e PRINCESS PARK, us rscorderi PInt eone 5, bS, cues., ,sesu,saa tan. s,st„, , . such covsuusta. 4.2 Doss up, tae eswel .ters # Pertseasu as, aueteted Mor,c,age •S'eca,t, kgree-nes, pr,n, Receipt for I ula, exec,. se Das, OesV, InAted ces,ceues, eiuneu. ,uat Das-, Das., lessee:at, td, nor,aa „upturn...up, zo Aistuers curpneation. 11eson 22, 2002, in Ofeci, Recer„ 202,25 1.. Cues apply , tha Subjs.,. Psoper,y aunts., Honks, casaltiesu (so, Ites, # 222-, teem ,xturu Oafgn Aeuseriatees. Led.. c .Serao umtners,,,,, Dea,or, Bunk, NA, an Auherns seses,en us, Dasso Desigr. Moore (Del ) n :elesvasu 1,54 '22222 camPesY, antl Oscre 11es, Assecistae, u ps-tuer,lp. to Boat , 2006. i:seeeds Cask a ?am 1545, 2, tha ceig,ra, arinclpo, ulnae, RIS,000.000.C., Doe, oaply coutesi'r,9 , 55,25, Par 22225 Ocuiya RR 0 215, a Detneues ues,tea Dec, norido ansure,tins Seco,. Muy 2c,N, ovi,„ at Page Goes apply to P., Subklet Prep.), ave,elsq eIuussi couaiuss tr, 2'3'2 F10.. Stu,Ass, ,ese. Movossues ',6•061. Ps, 2422 Does appy to Use (s, SURVEYOW%', CEIMPKIATEg member ..„C mods ase,uw,ce 20,1 Wrierurs 22225,4 2,0 sad oda,en TA end W.., i WENN,: 255 DESK, OE 002322051,22 s2RPOSE S 550 51052 PURPOSES A 2.002,0 2,51, 525,55) 15 REQU'RED J832 & Associate8. Au:has:2., nI,IssluceLes,-Ae Frota.siors,, S...44.1, 3,79 81ree , Mope , ate, REVISIONS _Ly, 2,122 S2522 1 , 0'2', Ow0°'12 2202.2,52,365227 50 12.0050 550022, Du, 0252520 522242, GP_ 20,0, Med, 25, 6,12, 2,RSR12,022,2N__ kteld 12,5 ORME SIERT 1 42F 2 GRAPHIC SCALE H LEGEND 111, I-1,1 role 1,1111 '1'11 111111111 ABBREVIAGGPS ALTA/AuS LAN of 390( NORTH MIAMI AVENUE 21 NM. 39th S'FREET, MIAMI, N/fIAM [-DADE COUNTY, FLORIDA, 33127 for DACRA DEVELOPERS, INC, D111 HRH+ 111 8 .87 I A / .1, 11E1 ANPAAJ PA141111 1-- PF1'te ,9N/g`Hi:8/ TITLE SURVEY ggg— , ) ; ' _ _,..,----=-A-.:,-,:._._- 0 0,2, 4] z 0 > < 0 Z < PIN TOM I BY UNLIN, Sun, (Fidd wo.ANSN 4.1,2013 ,AA-NNAANNomiontArase Jh 0100-5003:4-Ao3.3:3,3:) Dt 0.2-1g.2013 ChcoiNd: ScaiN AS SHOWN FiNd Boo, ON NILE SHEET OF *LJACSMZAA' c:R.C.,f411(; 'SCALE 131626, 5 ,11,PUR.66 PP .66 6.2 616,1 661261.162Pr 22, 620 6.6 c P 66 23 UM( 6 WC6fPOREP PPP 6 IPP 666 .0 66 62, I • .23\ 00 -43 4744 7 '7 :37 0413 66,232, 2';;PP: 377 •-•„3 , N.:101:1 CP 6 6 .t2 6 66. 67 23 . 443 3„4":44,4„ )444,7)44 .7 ` • ,47 4204 EIRE3'...7 432 7-772024, 474444444' 442424. 4484 57-P,P7,731 : • 0 ?1,1 "AtALNDE, 1,06 6011,E001,0 : 7%7444 24,34442:204 - . .2 2.2_ „ *61:10tagiUNCET 41. 3066: 2,2:73p :362, c 2, 442 7443 , 4,00.3 2, 42442 s 472 4 4, 43 3007 0 0 04666464, '606 ;6,,,,,,66 0,0,60 466 06:44; 4x, , 46,6,66, :4,0004,6 :40066 :L -10,40 ,4,66, :6; 11,60 ,16:6 666.62, 662, 06, 2, 3666 ,66 3 223 666,2 2666,6 62.323 0,6000 0,, 464„:::, 6) 4, 0,06,40 :6 6,0,46 666,640 64,4,y ,64, 66, 600,661: :6 0061, 146re 004, ,66,) 0,1, 0000064 ,c ,0,04 66 :06 6' 10, <646, 6,60 3; , b, 2 0 sp6660 , 16262,6 , 660,2 type pttcpt,tt tt Pppperps , ttPtect ptittpr tap, pp the vttlyttPct , , 2630 3,3302, 60 06,066 0 26.62 202,3 0,0,6 2606 .66266,' 66,6 60.66 P66, 2336 6 2, c 6626.02.6 06,10, ,Ppotoptty trt, tppitp, t.py SURVFYOR'S: CP(67FiCAPP: - UP60,PN PP,PLOPMENT, 026 PENNE, VOGEL MANDLER , ROOP02.22 6 0 - PaPINSP62296266 6.662.16 • 626 66, pc, pop 660,60,6 no 26-26 .260 62222, 2(60 206 2,-66 2,6 (0,) r0,0, 5,00 Pate2 122 28-2016 22,6 3 -66,376-6,264072.62623 3 03-82406 3-34-4-3:42-2 "6llTM0Er T L E SURVEY RVEY ROA 71. &Oa ID ➢l17770.4A" F.S. 6 YG. M 07 RIME- 1 AMENDED PLAT OF CAG. sEnuoae 0 ro, (1j'.B. e, G. 13e) GRAPHIC "SCALE; 100' LEGAL DESCRIPTION: Lot 12, in Block 10, BILTMORE, according to the Plat thereof, as recorded In Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida SURVEYORS GERMECATE '+n 000Osoon,e — Mudigaei Son P.cuuMMorm ELC a PMewurn Rofind huMity uompuny n RHn Ins AY,. Su m Ramo Prim Et',Wood UM MIAMI 21 ARTICLE 1. DEFINITIONS DRAFT -AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) d. COMMERCIAL This category is intended to encompass land Use functions of retail, service, entertainment or recreational establishments and supporting office. The definitions listed herein shall only apply within the Miami Design District Retail Street SAP area. Entertainment Establishment: A place of business serving the amusement and recreational needs of the community. Such facilities may include, but are not limited to: cinemas, billiard parlors, teen clubs, dance halls, video arcades, or special event spaces and ballrooms. Uses not included: Entertainment Establishment, adult. Open Air Retail: A retail sales establishment operated substantially in the open air including, but not limited to: farmers market, vending carts/kiosks, and the like. Uses not included are: car sales, equipment sales, boat sales, and home and garden supplies and equipment, and Flea Markets. 1.2 DEFINITIONS OF TERMS This section provides definitions for terms in this Code that are technical in nature or that might not be otherwise reflect a common usage of the word. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. The definitions listed herein shall only apply within the Miami Design District Retail Street SAP area. Awning: A movable roof -like Structure, cantilevered or otherwise entirely supported from a Building, used to shade or screen windows or doors. Cantilever: A Frontage where the Facade includes a cantilevered section of a Building that overlaps the Sidewalk, with the Facade at Sidewalk level remaining at the Frontage Line. Transit Corridor: A mass transit route with designated transit vehicle(s) operating at an average 25 minute or Tess headway Monday through Friday between the hours of 7 a.m. through 7 p.m. and includes designated transit stop locations. Multiple transit routes or types of transit vehicles may not be added cumulatively under this definition for the purpose of parking reductions. 1.3 DEFINITIONS OF SIGNS Copy Area: The area computed by surrounding each Identification or Secondary Identification Sign with a square or rectangle shape to determine said the area,, . Icss Less the areathose portions within the I 126508345;2} ,' 4{>-1;1 } MUAMU21 ~`~L^26, 2012 ARTICLE 1.DEF|NITIONS MIAMUDESIGN DISTRICT RETAILSTREET SAP square or rectangle consisting of logo brand nnorkn, framing e|ennenha. |arqo scale featured artwork swashes, simple lines, back plates, or other decorative toucheselements. Directional Sign: AVehiou|mr or pedestrian -scale signoqe oontaininO multiple nneoaaQea that serve tovvhk;h idendfvies the Miami Design District and which guides or directs the public safely to destinations within thediahi . Directional signs may be combined with address Signs but shall bear no advertising mattar, and may be directed to guide area visitors to entranceo, enite, retailer/tenants, or Parking Areas. The words "advertising matter" shall not beconstrued tV include graphic logos, or registered trade nanmae, or elements of the district identity or 'toO lines" that may be incorporated as part of the SiQD aesthetics. The size of Oin3{tiOO8| 8igD, and copy thepeoO, shall be scaled appropriately t0the speed ofthe area traffic. Gateway Sign: A large-scale, mounted identity 8kln of not qreaterthGn 5.000 square feet in size or 8596 of the a Bui|diDq vVa|| that serves to identify the diSth[t, nO8d( a destination for visitors, and reinforce the district's character as 8 destination for art, CU|tU[e, dining, and fashion. A Gateway Sign may include Or be comprised so|ey of an art installation and recognition of the installation sponsor, which sponsor or donor recoqnidVn shall be limited to one (1) [ecoqnitioO cVnlp[isiOq no more than 15% of the art installation fO[nning all or a part of the Gateway GiAD. Art installations fo[nliOO part of Gateway Sign may not contain any point of sale signage or commercial product expression related t0the donor o[ sponsor, G@t8VVaySiqDS shall be oriented to face major traffic Thoroughfares, such as 1'195. Biscayne Boulevard and North Miami Avenue, and shall be limited to OO more than five (5) such SiqD9within the Miami Design District Retail Street GAP area. Notice and Warning Sign: Signs limited to providing notice concerning posting of property against trespass; directing deliveries; indicating the location of buried utilities; warning against hazardous conditions; prohibiting salesman; peddlers, or agents; and the like. Secondary Identification Sign: A Sign limited to the O@Ole or registered trade nonla of Building, institution or person, whether natural or corporate person. SAP |Siqnmqe Package: A comprehensive signage proposal consisting of Gateway Signs, Bui|dinq |daOthim3Uon SiOOS. 8Dd/0[ DioeCh0O@| 5iAOS for all or 8 B|0Ck(S) Of the yWi@nli [}eSiOO District Retail Street SAP requirinq approval by SAP Permit. Sign Area: Signs shall be comprised of individual |e1Uare, figures or elements on a vvaU or similar surface of the Building or Structure. The area and dimension of the Sign ohm|| encompass a regular geometric shape or combination ofregular geometric shapes, which form, or approximate, the perimeter of all e|ennaOtm in the display, the frame, and any applied background that is not part of the architecture of the Building. When separate e|ennan1a are organized to form a single 8igD, and are separated by open space. the Sign area and dimensions ohmU be calculated by determining the geometric form or combination of fonno, which comprise all of the Sign area, including the space between different elements, |eoa the space attributed to any elements not comprising port of the Copy Area. 1 |26508345�2}(215290u1 This page has been intentionally left blank. j65O8345, H245291- -I;] MIAMI 21 JULY 26, 2012 ARTICLE 2. GENERAL PROVISIONS 2.1 PURPOSE AND INTENT 2.1.2. INTENT ARTICLE 2. GENERAL PROVISIONS MIAMI DESIGN DISTRICT RETAIL STREET SAP The intent of the Miami Design District Retail Street Special Area Plan (SAP) is to guide the design, construction and management of a new retail pedestrian street and its surrounding city streets in the Design District to ensure a high quality, mixed use, pedestrian experience. The control of Building location, massing, and surface is intended to produce public space that is safe, comfortable and interesting for pedestrians and attractive to high -end retail tenants. Pedestrian mobility is to be improved by an enhanced Public Right -of -Way Streetscape and by the addition of a four block long Pedestrian Passage. The public space of the Pedestrian Passage is of a scale that is intimate and episodic. The quantity and materials of shared elements in the public spaces, such as pavement, signs and lighting are intended to be minimized and recessive, as the primary experience should be that of the highly individualistic retail stores. The Building Facade lines of the Miami Design District Retail Street SAP are drawn to support the continuity of the existing Design District street wall, to form the sequential character of the pedestrian street experience, and to give store tenants appropriate space distribution and visibility. This document precedes the final development program, architectural design and detailing, and infrastructure engineering, and it is expected that adjustments to the development program, architectural design and detailing, infrastructure engineering may shall be necessary during implementation phases of design development and construction documents. Nothing in this Miami Design District Retail Street SAP, including the initial development program as set forth on Page A1.9 of the Concept Book, shall be construed to limit development in excess of the initial development program. Any future development in excess of the initial development program shall be subject at all times to the maximum density and intensity permitted by the underlying transect designation of any one Lot or parcel forming part of this SAP and the procedures set forth in Article 7 of this Miami Design District Retail Street SAP, including the approval of substantial modifications to the development program by process of Exception. The SAP is based on the Miami 21 Zoning Code, as amended through April 2012, and shall serve to supplement the code. Where standards set forth herein conflict with standards set forth in the code, the standards in this SAP shall govern. By virtue of the adoption of the Miami Design District Retail Street SAP, all provisions of the Miami 21 Zoning Code requiring enactment or authorization by Special Area Plan pursuant to and identified in Article 3.9, unless modified in the SAP, shall be deemed duly enacted or /authorized. Where the standards in the SAP are silent, the underlying Miami 21 zoning code requirements shall govern. The Miami Design District Retail Street SAP shall not constitute a precedent for the balance of the City of Miami. The alternate standards of this SAP should be considered unique with regard to the large aggregation of property under multiple ownership committed to an integrated development plan, as well as its unified design and management that will enable and ensure a coherent, high quality, and sustainable result. !26508345;2H2,1529,101;1 } This page has been intentionally left blank. MIAMI 21 ARTICLE 3. GENERAL TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP ARTICLE 3. GENERAL TO ZONES 3.3 LOTS AND FRONTAGES 3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback shall --may be maintained except as identified onfor those Frontages identified on page A1.7.X.X of the Concept Book. In the event the ban- AP a i r shall cxist.Where a new Building is setback from the Established Setback Area consistent with Article 4, Table 4 of the Miami Design District SAP, such setback shall govern the placement of all new Buildings to the nearest corner of the same block Frontage other than for plaza entries. In thc Diagram 10 of the Miami Design District Retail Street SAP). Galleries, Cantilevers and Arcades may be permitted within the Second First Layer in Established Setback Areas and shall not may be permitted to encroach into the Public Right -of -Way - - - • rwisc permitted in the Miami Design District Retail Street SAPby SAP Permit and a recommendation of approval or approval with conditions by UDRB and with the approval of the Director of Public Works. Where a Gallery or Arcade is permitted, thc Arcade is not provided, the setback for the underlying Transcct Zone shall be maintained.Habitable Space above the Public Right -Of -Way shall be included in the development capacity of the subject lot and included towards the overall development capacity approved within this SAP. Established Setback Areas include: c. Design District 1. Boundary: All properties bounded on the east by Biscayne Boulevard; on the south by NE 364' 8t StreetThe Established Setback for the Miami Design District Retail Street SAP shall be identified on page A1.7. of the Concept Book. Frontage Setback: Zero (0) feet 3.5 MEASUREMENT OF HEIGHT 3.5.3 Except as specifically provided herein, the Height limitations of this Code shall not apply to any roof Structures for housing elevators, bathrooms, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain the Building (provided that such Structures shall not cover more than twenty percent (20%) of roof area for T4 and T5); nor to church spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar Structures, which may be allowed to exceed the maximum Height by Waiver; nor to fire or parapet walls, which shall not extend more than five (5) feet above the maximum Height in T4 and T5 and ten (10) feet in T6 and Districts. 3.6 OFF-STREET PARKING AND LOADING STANDARDS 3.6.1 Off-street Parking Standards 1 12,091945.;2.1.+24s294O.. t-} MIAMI21 J U LY 26, 2012 ARTICLE 3. GENERAL TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP a. Off-street Parking requirements for the individual Transect Zones shall be as set forth in Article 4, Table 4 of the Miami Design District Retail Street SAP. Where required off-street parking is based on square footage of Use, the calculation shall only include Habitable Rooms and Habitable Space occupied by such Use. Off-street parking requirements within the Miami Design District Retail Street SAP area may be calculated and provided for in aggregate for new or existing Buildings. Existing properties as identified below shall not be required to provide additional parking if densities and intensities do not increase from existing uses from the adopted date of approved Miami Design District Retail Street SAP. If density and intensities change then applicable parking requirements apply. All new development shall be subject to parking requirements within Miami 21 Existing Property Table Number Name Address Existing Use 1 Buena Vista Building (SAP Parcel #1) 180 NE 39 ST 2 Buick Building (SAP Parcel #2) 3841 NE 2 AVE 3 Oak Plaza-KVA (SAP Parcel #17) 150 NE 40 ST 4 Oak Plaza-Twery (SAP Parcel #18) 154 and 160 NE 40 ST 5 Thomas Maier (SAP Parcel #19) 170 NE 40 ST 6 Melin (SAP Parcel #20) 3930 NE 2 AVE 7 Newton (SAP Parcel #21) 201 NE 39 ST 8 Rosen (SAP Parcel #24) 151 NE 40 ST 9 Mosaic/Chatham (SAP Parcel #25) 155 NE 40 ST 10 Moore — Garden Lounge (SAP Parcel 175 NE 40 ST #26) 11 Moore Building (SAP Parcel #27) 4040 NE 2 AVE 12 4100/Lee Building (SAP Parcel #45) 4100 NE 2 AVE 13 4141 Building (SAP Parcel #46) 4141 NE 2 AVE 14 Flaqler Building (SAP Parcel #48) 4218 NE 2 AVE 15 4240 Building (SAP Parcel #49) 4240 NE 2 AVE 16 Laverne (SAP Parcel #1) 90 NE 39 ST 17 Lidia (SAP Parcel #54) 30 NE 39 ST 18 Lidia (SAP Parcel #55) 3840 NE MIAMI CT 19 Lidia (SAP Parcel #56) 3825 N MIAMI AVE 12650834.5.21 2452944I4 1ARTICLE 3. GENERAL TO ZONES MIAMU DESIGN DISTRICT RETAILSTREET SAP 20 Marcy (SAP Parcel #571 3852NMIAM|AVE 21 Marcy (SAP Parcel #58) 20NVV39ST 22 Marcy (SAP Parcel #50> 28NVV398T 23 Madonna (SAP Parcel #6O) 390ONM|AyN|AVE 24 Madonna (SAP Parcel #G1) 21 NVV30GT b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table ehmU be as set forth in Article 4, Table 5 of the Miami Design District Retail Street SAP, c. Required Parking for Adaptive Reuses may be reduced or oxanlotod bxWaiver for properties located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has been established, or for historic sites and contributing Structures within designated historic districts. d. Parking reductions ah@U not be cumulative except in T5 and T6. Parking reductions ohmU not exceed fifty percent (5096) of the total Off-street Parking required, except for Residential components of projects within one thousand (1,000) feet of Metrorail or Metromover stations. 3.6.2 Off-street Parking Driveway Standards [RESERVED] 3.6.3 Additional Off-street Parking Regulations General performance standards for Off-street Parking facilities: o. Parking ehoU be implemented so as to provide anfa and convenient access to and from public Thoroughfares which include movement lanes and Public Frontages. b, Vehicular access through Residential properties for nonresidential Uses shall be prohibited. c. Off-street Parking epmmmo shall be located with sufficient nJonl for safe and convenient parking without infringing onany public Thoroughfare orsidewalk. d. Off-street Parking spaces whose locations require that cars back into movement lanes shall only be permissible inT3 and T4zonee. Backing into Alleys shall be permissible in all Tronoect Zones. e. Off-street Parking or loading area shall not be used for the og|e, nepmir, or dismantling of any vehicle or equipment, or for storage of materials or supplies. g. Parking or storage of oonnnnencia| trucks, buses, vans, sign trailers; trailers or semi -trailers for fnaight, cargo; or the like shall not be permitted in onyT3' T4. T5-R orTO-R Zone. Inoperable vehicles shall be stored only in storage fod|bieo orother approved places where they are completely concealed from public view. MIAMI 21 JULY 26, 2012 ARTICLE 3. GENERAL TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP Except in connection with permitted active continuing construction on the premises, construction equipment such as earth moving machines, excavators, cranes, and the like shall only be allowed in D1, D2 and D3, as allowed by this Code. All Off-street Parking shall comply with applicable regulations related to lighting, paving, and drainage including the Miami -Dade County Code and the Florida Building Code. Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect Zones, except T3 and T4, shall may be used en-ly-by both a valet parking operator or for residential self -parking. Each Tandem Parking space for residential self -parking shall only serve one single residential unit. k. Parking facilities on adjoining Lots may share access points, driveways and parking subject to a recorded covenant running with the property on which the facilities are located. Where Lots are Abutting, underground parking may extend to Abutting blocks and Lots, including under Thoroughfares. 3.6.4 Calculation of Off-street Parking requirements related to number of seats. Where parking requirements relate to number of seats and seating is in the form of undivided pews, benches, or the like, twenty (20) lineal inches shall be construed to be equal to one (1) seat. Where Parking requirements relate to movable seating in auditoriums and other assembly rooms, ten (10) square feet of Floor Area shall be construed to be equal to one (1) seat except where otherwise speci- fied. Net floor area shall be the actual area occupied by seating and related aisles, and shall not include accessory unoccupied areas or the thickness of walls. 3.6.5 Valet Parking Off-street Parking facilities maintained with valet parking shall be allowed generally, provided that the minimum Off-street Parking requirements of this Code are satisfied and that an attendant shall remain on duty during business hours or as long as the Principal Building is occupied. Valet parking stations shall respond to demand within the Miami Design District Retail Street SAP area and multiple valet stations may be provided on each block when such stations are operated under a unified management scheme. Each valet station shall be permitted subject to review by the Miami Parking Authority (MPA) to ensure that the proposed locations will not adversely affect the flow of traffic on the adjoining Thoroughfare. 3.6.9 Off street Loading Requirements a. Off-street vehicular loading shall be required in accordance with the standards set forth in Article 4, Table 5 of the Miami Design District Retail Street SAP. j Loading Standards. On -street loading shall be allowed in areas designated by signage and for limited intervals during specified hours. 1. Retail/Commercial Loading. On -street loading areas identified within page A.X.X of the Concept Boek-intendeded to service storefront retail and retail locations along the Pedestrian Passagealeng MIAMI 21 J U LY 26, 2012 ARTICLE 3. GENERAL TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP the Pedestrian Parsagc shall be permitted within designated loading zones approved by the Miami Parking Authority. Loading within such designated zones shall not exceed 20 minutes. Such loading activity shall occur only between the hours of 6 a.m. and 10 a.m. 2. Express Parcel Delivery. On -street loading for express parcel delivery shall be allowed in specifically designated zones. Loading within such designated zones shall not exceed 15 minutes and shall occur only between the hours of 8 a.m. and 6 p.m. 3.6.10 Bicycle Parking Requirements a. Off street bBicycle parking shall be provided in aggregate for all new, -non-residential Buildings infer all T4, T5, and T6, CS, CI, CI HD, and D zones, as shown in Article 4, Table 4 of the Miami Design District Retail Street SAP. The requirement set forth herein shall not apply to any existing and Adaptive Use Buildings. Existing, on -street bicycle racks located within the public Right —of-Way cannot be utilized to satisfy bicycle parking requirements set forth herein aboveRequircmcnt-eannot-bc met with b. After the first fifty (50) required bicycle spaces are provided within the Miami Design District Retail Street SAP area identified within page A1.5,X X of the Concept Book, additional required spaces may be reduced by one-half. The above Bbicycle parking reduction shall not applicable y ferto Residential Uses. c. Required bicycle parking shall meet the following standards: 3. Required bicycle parking facilities may be located within the project site, adjacent to multiple Buildings, or in a shared bicycle parking facility located within the Miami Design District Retail Street SAP area and subject to all the conditions for shared bicycle parking facilities below: (a) Required bicycle parking for two () ,ore —admen+ sue —Buildings within the Miami Design District Retail Street SAP area may be satisfied by the same bicycle parking facility used jointly provided that such right of joint use and maintenance is evidenced by covenant running with the land or equivalent legal document establishing the joint use. (b) Required sShared bicycle parking facilities may be located anywhere within the Miami Design District Retail Street SAP area. The main entrance of any Building(s) seeking to utilize said shared facility in order to satisfy its bicycle parking requirements shall are to be located within 300-300 feet of any building's main entrancoa Building housing a shared bicycle parking facility with sufficient capacity to provide the required bicycle parking spaces. (c) The minimum number of required bicycle parking is satisfied by all sites -Buildings using the shared facility. For the purposes of this section, shared bicycle parking facilities are ar as, locations, or structure: designed to accommodate, house, store, maintain or hold several bicycle parking spaces.A minimum of 15 bicycle racks accommodating at I st half of the required non residential bisyslo e king spaces;-s +afl be located-th pasitions--along-street- anc mover e , 2(50.345.;2.%.4245294Q 1..4.4 MIAMI 21 JULY 26, 2012 ARTICLE 3. GENERAL TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP 4, When required off-street vehicular parking is covered, the required bicycle parking shall also be covered, except where the required bicycle parking is provided in a fashion consistent with requirements of paragraph 3. set forth below. accommodate two (2) bikes and each rack must meet the following standards: (a) The yoI (b) A bicycle -six sct long can be securely -held with its frame supported so that the bicycle Gannet-be-pushed-Or-fal-14n-a-m-aa-ne-r-that-4-14-clamage-th-e-whee-1-s-e-r-sompe-Rentsand ; (c) The rack must be securely anchored. 64. When required bicycle parking is provided in lockers, the lockers must be securely anchored, 75. Parking and maneuvering areas. Each required bicyc bicycle; (b) Therc must be an aisle of at least five (5) feet wide behind all required bicycle parking to (c) The area devoted to bicycle parking must be hard surfaced. 86. A-ene (a-) square -feet ehafl bezd-if the -bicycle parking arca is not entrance indicating the location of the bicycle parking. d. Within the Miami Design District Retail Street SAP area, Off street bicycle parking requirements may be satisfied by providing docking stationsU rail bicycle racks within the Sidewalk or on -street bicycle corrals within an on -street parking space. Said U-rail racks or bicycle corrals shall be; available for use by the public at no cost, within the Public Right of Way. Locations may be chosen to support Transit Oriented Development along Priority Corridors. e. Bicycle parking requirements shall be calculated in aggregate for the off-street parking requirements for the Miami Design District Retail Street SAP area. 3.8 THOROUGHFARES 3.8.1 General Principles b. Thoroughfare 3.13 SUSTAINABILITY L2650.3. 45.,2.}: F245.2941)4 114 MIAMI 21 JULY 26, 2012 ARTICLE 3. GENERAL TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP 3.13.1 General a. Landscape requirements are as required in Article 9 of the Miami Design District Retail Street SAP, this code, and the City of Miami Tree Protection regulations of Chapter 17 of the City Code, as amended by the Miami Design District Retail Street SAP Development Agreement. Where the Miami Design District Retail Street SAP and this code is more restrictive than the Tree Protection regulations, the Miami Design District Retail Street SAP and this code shall apply. b. New buildings in the Miami Design District Retail Street SAP shall conform to LEED ND certification. 1. At the time of Building Permit application, the owner shall submit: a. Proof of registration with the Green Building Certification Institute, or equivalent agency; b. A signed and sealed affidavit from a LEED Accredited Professional, or applicable designation, c. A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. 2. At the time of Certificate of Occupancy application, the owner shall submit: a. Proof of certification by the Green Building Certification Institute, or equivalent agency; b. A bond posted in a form acceptable to the City, in the amount indicated below; i. Two percent (2%) of the total cost of construction for a 50,000 100,000 square feet Building; ii. Three percent (3%) of the total cost of construction for a 100,001 200,000 square feet Building; iii. Four percent (1%) of the total cost of construction for any Building greater than 200,000 square feet; or agency, which demonstrates the credits presently achieved. In addition, a prorated portion of the full bond amount, as indicated in subsection 2(b) above, shall be posted based on the number of remaining credits needed to meet minimum certification requirements. The bond amount to be posted shall be calculated as follows: prorated bond amount 3. Forfeiture of Bond A bond under this Section 3.13.1 shall be forfeited to the City in the event that new Buildings within certification, The City will draw down on the bond funds upon failure of the owner to submit proof .2.6.5. 345 2.1.+245294(.} 41- MIAMI 21 ARTICLE 3. GENERAL TO ZONES JULY 26, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP outstanding credits which shall be calculated as follows: amount forfeited 0 shall se forfeited in its entirety. Funds that become available to the City from the forfeiture of the bond shall be placed in the Miami 21 Public Benefits rust Fund established by this Code. c. Affordable Housing Developments that qualify under Section 3.15, may elect to comply with the sustainability requirements promulgated by the Florida Housing Finance Corporation, or its successor agency, in lieu of the requirements set forth in Section 3.13.1.b above. db. The preservation of Natural Features of land such as trees, vegetation, geological, and other characteristics and the preservation of features of archaeological significance are declared to be in the public interest. Said preservation may justify the relaxation of Setbacks or required Off-street Parking by Waiver. The Zoning Administrator shall determine that the trees, vegetation, geological and other natural characteristic, or archaeological features are in the Buildable Area of the Site and not in Setback areas required for the development of the site. [26$O8345 2.):+24$ 94c1 4-} This page has been intentionally left blank, .(?6SQ 31..5.11.i24.5294(l4 l-} MIAMI 21 ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTIONS AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP THE NATURAL ZONE consists of lands approximat- ing a wilderness condition, permanently set aside for conservation in an essentially natural state. THE RU RA L ZONE consists of lands in open or cultivated state or sparsely settled. These include woodland, grassland and agricultural land. THE SUBURBAN ZONE consists of low -Density areas, primarily comprised of Single -Family and Two Family residential units with relatively deep Setbacks, Streetscapes with swales, and with or without Side- walks. Blocks may be large and the roads may be of irregular geometry to accommodate natural and historic conditions. THE GENERAL URBAN ZONE consists of Mixed -Use but primarily residential urban fabric with a range of Building types including rowhouses, small apartment Buildings, and bungalow courts. Setbacks are short with an urban Streetscape of wide Sidewalks and trees in planters. Thoroughfares typically define medium- sized blocks. THE URBAN CENTER ZONE consists of higher Density Mixed -Use Building typesthataccommodateretailand office Uses, rowhouses and apartments. A network of small blocks has Thoroughfares with wide Sidewalks, steady street tree planting and Buildings set close to the Frontages with frequent doors and windows. THE URBAN CORE ZONE consists of the highest Density and greatest variety of Uses, including Civic Buildings of regional importance. A network of small blocks has Thoroughfares with wide Sidewalks, with steady tree planting and Buildings set close to the Frontage with frequent doors and windows. THE CIVIC ZONE consists of public use space and facilities that may contrast in use to their surroundings while reflecting adjacent Setbacks and landscape. THE DISTRICT ZONE consists of the least regulated Building and accommodates commercial and industrial Uses of a scale and with a Streetscape that facilitate vehicular access. -,. i IY till s ,., tit I1LJEr1, CfO i atr A'r.r It . J. aOK {{µme.,. I� rrr�r•:= fu r AZ r AZ - f 1i--lyr.. ..QS ''iE t.ai MIAMI 21 AMENDMENT 2013 1 LOT OCCUPATION ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY MIAMI DESIGN DISTRICT RETAIL STREET SAP T6-24 a Lot Area 1,400 s.f.-25,000 s.f. 1,200 s.f. 5,000 sf. min 5,000 sf. min. 5,000 sf. min. b. Lot Width 16 ft. min / 50 ft. min. ** 16 ft. min / 50 ft. min.** 50 ft. min. 50 ft. min. 50 ft. min. c. Lot Coverage 93.5% for SAP 93.5% for SAP 93.5% for SAP 93.5% for SAP 93.5% for SAP d. Floor Lot Ratio (FLR) 5 / 25% additional Public Benefit *** 8 / 30% additional Public Benefit*** 7 / 30% additional Public Benefit *** e. Frontage at front Setback 50% min. 60% min. 70% min. 70% min. 70% min. f. Open Space Requirements 6.5 % min.for SAP in aaareaate 6.5 % min.for SAP in aaareaate******* 6.5 % min.for SAP jn aaareaate **` 6.5 % min.for SAP in_ Bagreaate******* 6.5 % min.for SAP jn aoareaate*"*`*` g. Density 36 du/acre max. 65 du/acre max. 150 du /acre * 150 du /acre * 150 du /acre * BUILDING SETBACK a. Principal Front 10 ft max.* or ESA 10 ft. max.* or ESA***** 10 ft. max.* or ESA 10 ft. max.* or ESA 10 ft. max.* or ESA b. Secondary Front 10 ft. max.* or ESA 10 ft max.* or ESA 10 ft*max.* or ESA 10 ft. max.* or ESA 10 ft. max.* or ESA c. Side 0 ft. min**** 0 ft. min.** 0 ft. min.* 0 ft. min.** 0 ft. min.** d. Rear 20 ft. min. 0 ft. min.** 0 ft. min.** 0 it min** 0 ft. min** PRIVATE FRONTAGES a. Common Lawn permitted prohibited prohibited prohibited prohibited b. Porch & Fence prohibited prohibited prohibited prohibited prohibited c. Terrace or Light Court permitted prohibited prohibited prohibited prohibited d. Forecourt permitted permitted permitted permitted permitted e. Stoop permitted permitted permitted permitted permitted f. Shopfront permitted (T4-L, 0) permitted (T5-L,O) permitted (T6-8 L 0) permitted (T6-12 L,O) permitted (T6-24 L,O) g. Gallery permitted permitted ** permitted** permitted** permitted ** h. Arcade permitted permitted** permitted ** permitted ** permitted ** i. Cantilever permitted permitted ** permitted ** permitted** permitted ** BUILDING HEIGHT (STORIES a. Principal Building 3 max. 2 min. 5 max.****** 2 min. 8 max. 2 min. 12 max. 2 min. 12 max. b. Outbuilding 2 max. c. Benefit Height Abutting T6, T5 & T4 only 4 max.**f*** 8 max.***/*** 24 max.***/*** * Or as modified in D agram 9 or the Established Setback Area (ESA) Note: Refer to Article 5 for Specific Transect Zone Regulations. *** Note: Bonus shall not be available for T6 properties abutting T3 properties (refer toArticle 3). T6-8 north of NE 40th St shall allow only two additional Stories and T6-12 north of the mid -Block of NE 39th and NE 40th Streets shall be limited to two additional Stories. SeeA1.7 of SAP Concept Book. **** When adjacent Building has a Setback, new Building shall match setback up to 5'-0". **** T5 fronting NE 42nd Street shall have a minimum ten (10'-0') Setback and an additional five (5'-0") Setback at the second Story. ****** T5 north of NE 41st St shall be a maximum height of fifty (50'-0") feet. *'***** See Development Agreement for improvements required to meet this Lot Coverage MIAMI 21 ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP T4 T5 T6 DENSITY (UNITS PER ACRE) URBAN GENERAL URBAN CENTER URBAN CORE 0 36 0 65 0 150* RESIDENTIAL R R R SINGLE FAMILY RESIDENCE R R R COMMUNITY RESIDENCE R ANCILLARY UNIT R R R TWO FAMILY RESIDENCE R R R MULTI FAMILY HOUSING R R E DORMITORY R R R HOME OFFICE R R R LIVE -WORK WORK - LIVE LODGING BED & BREAKFAST R R R R R R INN HOTEL R R OFFICE OFFICE R R R COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. W W R R ENTERTAINMENT ESTABLISHMENT R ENTERTAINMENT ESTAB. - ADULT R R FOOD SERVICE ESTABLISHMENT R ALCOHOL BEVERAGE SERVICE ESTAB, R R R GENERAL COMMERCIAL R R R MARINE RELATED COMMERCIAL ESTAB. W W OPEN AIR RETAIL R R PLACE OF ASSEMBLY R R RECREATIONAL ESTABLISHMENT R R CIVIC R R R COMMUNITY FACILITY RECREATIONAL FACILITY R R R R R R RELIGIOUS FACILITY CIVIL SUPPORT COMMUNITY SUPPORT FACILITY W W W INFRASTRUCTURE AND UTILITIES R R R MAJOR FACILITY MARINA W W W R PUBLIC PARKING R R RESCUE MISSION TRANSIT FACILITIES W W W EDUCATIONAL CHILDCARE W W W COLLEGE/UNIVERSITY E W W ELEMENTARY SCHOOL E W W R LEARNING CENTER E R MIDDLE / HIGH SCHOOL E W W R PRE-SCHOOL E R RESEARCH FACILITY R R R SPECIAL TRAINING/VOCATIONAL E W W INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL. MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY R Allowed By Right WAllowed By Warrant Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) Boxes with no designation signify Use prohibited. Uses may be further modified by Supplemental Regulations, State Regulations, or other provisions of this Code. See City Code Chapter 4 for regulations related to Alcohol Beverage Service Estab. * Additional densities in some T6 zones are illustrated in Diagram 9. "AZ: Density of lowest Abutting Zone ***Allowed by Warrantwhen facing T3 or when including outdoor use. MIAMI21 AMENDMENT 2013 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING MIAMI DESIGN DISTRICT RETAIL STREET SAP T4 - GENERAL URBAN ZONE DENSITY (UPA) • • 65 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 spaces per principal Dwelling Unit • Ancillary Dwelling - Minimum of 1 parking space per ancillary dwelling unit. • Live -Work - Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. LODGING OFFICE Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 5 lodging units. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. Office Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 s.f. of office use. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. MIAMI 21 AMENDMENT 2013 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING MIAMI DESIGN DISTRICT RETAIL STREET SAP T4 - GENERAL URBAN ZONE DENSITY (UPA) OPEN 36 UNITS PER ACRE COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: • A maximum area of 40,000 square feet per establishment. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required (before any reductions). See also Article 3.6.10. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. DENSITY (UPA) 36 UNITS PER ACRE CIVIC Civic Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 5 seats of Assembly Use. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking for Civic Uses may be provided off -site within a distance of 1,000 feet. DENSITY (UPA) 36 UNITS PER ACRE EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools - Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or College/University. • Childcare Facilities - Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP T5 - URBAN CENTER ZONE OPEN DENSITY (UPA) 65 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 spaces per Dwelling Unit • Minimum of 1 additional visitor parking space for every 10 Dwelling Units • Live -Work - Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within %2 mile radius of TOD and within % mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet . • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. LODGING Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facili- ties, minimum 1 parking space for every 2,000 square feet for the first 20,000 sq. feet, and 1 parking space per 10,000 sq. feet thereafter. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within '/z mile radius of TOD and within '/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 AMENDMENT 2013 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING MIAMI DESIGN DISTRICT RETAIL STREET SAP T5 - URBAN CENTER ZONE OPEN DENSITY (UPA) 65 UNITS PER ACRE OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Office use. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within %2 mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: • A maximum area of 55,000 per establishment with one 120,000 square foot establishment, maximum. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facili- ties, minimum 1 parking space for every 2,000 square feet for the first 20,000 sq, feet, and 1 parking space per 10,000 sq. feet thereafter. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within 1/2 mile radius of TOD and within ' mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Commercial Auto -related, Drive-Thru or Drive -In Facilities - See Article 6. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP T5 - URBAN CENTER ZONE OPEN DENSITY (UPA) 65 UNITS PER ACRE EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools - Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking spcae per 5 students in grades 11 and 12 or College/University. • Childcare Facilities - Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within 1/2 mile radius of TOD and within '/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 AMENDMENT 2013 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING MIAMI DESIGN DISTRICT RETAIL STREET SAP T6 - URBAN CORE ZONE OPEN DENSITY (UPA) 65 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 spaces per Dwelling Unit • Minimum of 1 additional visitor parking space for every 10 Dwelling Units • Live -Work - Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within '/2 mile radius of TOD and within '/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. LODGING Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facili- ties, minimum 1 parking space for every 2,000 square feet for the first 20,000 sq. feet, and 1 parking space per 10,000 sq. feet thereafter. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within'/2 mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI21 AMENDMENT 2013 DENSITY (UPA) ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING MIAMI DESIGN DISTRICT RETAIL STREET SAP T6 - URBAN CORE ZONE OPEN 150 UNITS PER ACRE OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Office use. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within'/2 mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%) . • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: • A maximum area of 55,000 sf per establishment, except one 120,000 maximum square foot establishment and one 160,000 maximum sf establishment will be allowed in T6-12 and above. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facili- ties, minimum 1 parking space for every 2,000 square feet for the first 20,000 sq. feet, and 1 parking space per 10,000 sq. feet thereafter. • Parking requirement may be reduced according to the shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Auto -related - Drive-Thru or Drive -In Facilities - See Article 6. • Parking ratio may be reduced within % mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1,000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 square feet of Educational Use. • Schools - Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking spcae per 5 students in grades 11 and 12 or College/University. • Childcare Facilities - Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. • Parking ratio may be reduced within'/2 mile radius of TOD and within 'A mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading - See Article 4, Table 5 • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 AMENDMENT 2013 ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING MIAMI DESIGN DISTRICT RETAIL STREET SAP SHARED PARKING STANDARDS SHARING FACTOR Function RESIDENTIAL LODGING OFFICE COMMERCIAL with Function RESIDENTIAL LODGING OFFICE COMMERCIAL The shared Parking Standards Table provides the method for calculating shared parking for buildings with more than one Use type. It refers to the parking requirements that appear in Table 4. The parking required for any two Functions on a Lot is calculated by dividing the number of spaces required by the lesser of the two uses by the appropriate factor from this Table and adding the result to the greater use parking requirement. For instance: for a building with a Residential Use requiring 100 spaces and a Commercial Use requiring 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total requirement to 100 plus 16 spaces. For uses not indicated in this chart on a mixed use lot, or within the mixed -use SAP area, a sharing factor of 1.1 shall be allowed. Additional sharing is allowed by Warrant. OFF•STREET PARKING STANDARDS ANGLE OF PARKING ACCESS AISLE WIDTH ONE WAY TRAFFIC SINGLE LOADED ONE WAY TRAFFIC DOUBLE LOADED TWO WAY TRAFFIC DOUBLE LOADED 90 23ft 23ft 23 ft 60 12.8ft 11.8ft 19.3ft 45 10.8ft 9.5ft 18.5ft Parallel 10 ft 10 ft 20 ft Standard stall: 8.5 ft x 18 ft minimum • Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and 15 feet Commercial and Industrial. • Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet in length between the Base Building Line and dispenser. • For landscaping requirements of parking lots, refer to Miami -Dade County Landscape Ordinance and the City of Miami Off-street Parking Guides and Standards. LOADING BERTH STANDARDS 74, T5, T6 RESIDENTIAL* Berth Size Loading Berths 420 sf 1 per first 100 units 240 sf 1 per each additional 100 units or fraction of 100. LODGING Berth Size Loading Berths 420 sf 1 per 300 rooms 240 sf 1 per 100 rooms OFFICE COMMERCIAL** From 25.41000 sf to 500,000 sf Berth Size Loading Berths Area 420 sf 1st 50 K sf -120 K sf 420 sf 2nd 120K sf - 250K sf NOTES Berth Types Residential*: 240 sf = 10 ftx 20 ftx 12 ft Commercial**: 420 sf = 12 ft x 35 ft x 15 ft * Residential and Lodging loading berths shall be con- cealed within a building. ** 1 Commercial berth may be substituted by 2 Residen- tial berths A required Commercial loading berth may be substi- tuted be a lesser loading berth, if the size character, and operation of the Use is found to not require the dimensions specified and the required loading berth dimension could not otherwise be provided according to the regulations of this Code. Commercial berths may be shared by retail in same or abutting block. MIAMI 21 ARTICLE 4. TABLE 6A FRONTAGES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP a. Common Lawn: a Frontage wherein the Fagade is set back sub- stantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The Setback can be densely landscaped to buffer from higher speed Thoroughfares. b. Porch & Fence: a Frontage wherein the Facade is set back from the Frontage Line with an attached Porch permitted to encroach. A fence at the Frontage Line maintains the demarcation of the yard while not blocking view into the front yard. c. Terrace or Light Court: a Frontage wherein the Facade is set back from the Frontage Line by an elevated terrace or a sunken light court. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The raised terrace is suitable for outdoor cafes. d. Forecourt: a Frontage wherein a portion of the Facade is close to the Frontage Line with a portion set back. The forecourt with a large tree offers visual and environmental variety to the urban Streetscape. The Forecourt may accommodate a vehicular drop off. e. Stoop: a Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground -floor Residential Use. f. Shopfront: a Frontage wherein the Facade is aligned close to the Frontage Line with the Building entrance at sidewalk grade. This type is conventional for retail Use. It has substantial glazing at the sidewalk level and an Awning that may overhang the sidewalk. g. Gallery: a Fronta Frontage Li colonnad- retail erein the Facade is al' • ed close to the th an attached cantilev- d or a lightweight verlapping the sidewalk. Th' pe is conventional for e. The Gallery shall be no les • an 15' feet wide and may apthewholewidthofthesid- alk to within 2 feet of the curb. ermitted by Special Area Pla PLAN R.O.W. 4 PUBLIC Frontage SECTION LOT PRIVATE ► Frontage MIAMI 21 ARTICLE 4. TABLE 6B FRONTAGES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP SECTION LOT R.O.W. PRIVATE 4 PUBLIC Frontage Frontage g. Gallery: A Frontage wherein the Facade is aligned close to the Frontage Line with an attached cantilevered or lightweight colon- nade overlapping the Sidewalk. This type is conventional for retail Use. Allowed by SAP Permit. See 5.4.2, 5.5.2 and 5.6.2 of this Miami Design District Retail Street Special Area Plan for additional regulations. h.Arcade: AFrontage wherein the Facade includes a colonnade that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. This type is conventional for retail Use. Arcades may contain programmable space or arcades or balconies above them corresponding with the width of the covered area. Allowed by SAP Permit. See 5.4.2, 5.5.2 and 5.6.2 of this Miami Design District Retail Street Special Area Plan for additional regulations. i. Cantilever: AFrontage where the Facade includes a cantilevered section of a Building that overlaps the Sidewalk, with the Facade at Sidewalk level remains at the Frontage Line. Cantilevers may contain programmable space or arcades or balconies above them corresponding with the width of the covered area. Allowed by SAP Permit. See 5.4.2, 5.5.2 and 5.6.2 of this Miami Desig n District Retail Street Special Area Plan for additional regulations. PLAN LO R.O.W. PRIVATE► 4 PUBLIC Frontage Frontage MIAMI 21 ARTICLE 4. TABLE 7 CIVIC SPACE TYPES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program. Civic Space Types should be at the ground level, landscaped and/or paved, open to the sky and shall be open to the public. Civic Space Types may be publicly or privately owned. Open Space requirements for each zone are described in Article 5. a. Park: A natural preserve available for unstructured and structured recreation programs. A Park may be independent of surrounding Building Frontages. Its landscape may be naturalistic and consist of paths and trails, meadows, woodland, sports fields and open shelters. Parks may be Conservation Areas, preserving natural conditions and their size may vary. b. Green: An Open Space, available for unstructured recreation programs. A Green may be spatially defined by landscaping rather than Building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be one acre and the maximum shall be 4 acres. c. Square: An Open Space available for unstructured recreation programs and civic purposes. Asquare is spatially defined by Building Frontages with streets on at least one Frontage. Its landscape shall consist of pavement, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/3 acre and the maximum shall be 2 acres. d. Plaza: An Open Space available for civic purposes and programmed activities. A Plaza shall be spatially defined by Building Frontages and may include street Frontages. Its landscape shall consist primarily of pavementand trees. Plazas shall be located atthe intersection of importantThoroughfares. The minimum size shall be 1/8 acre and the maximum shall be 2 acres. e. Courtyard: An Open Space spatially defined by Buildings and street walls, and visually acces- sible on one side to the street or to the Pedestrian Passage. A courtyard may be located on the second floor, if it is publicly accessible. f. Playground: An Open Space designed and equipped for the recreation of children. A Playground shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a Block. Playgrounds may be included within Parks and Greens. There shall be no minimum or maximum size. L fl i g. Pedestrian Passage: An Open Space connecting other public spaces, that is restricted to pedes- trian use and limited vehicular access, of a minimum width of 20 feet. Building walls enfronting a Pedestrian Passage shall have frequent doors and windows. In T6 -36, T6-48, T6-60 and T6-80, the Pedestrian Passage may be sheltered or roofed. In the Miami Design District Retail Street SAP, a Pedestrian Passage connects a south plaza accessed via NE 39th Street and a north plaza accessed by NE 41st Street. Two cross -Block accessways shall connect NE 38th Street and the south plaza. Each cross -Block accessway shall be not less than ten (10) feet wide and have a minimum floor -to -ceiling height of fourteen (14) feet. The eastern accessway may be roofed. A maximum of 50% of the western accessway may be roofed. h. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. i i kJ Ii..... ;;; .._.. I I This page has been intentionally left blank, I ,j 2,h5Q.$: 4.5:,11.12=432 14 MIAMI 21 J U LY 26, 2012 ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP ARTICLE 5. SPECIFIC TO ZONES 5.1 GENERALLY 5.1.1 This Article sets forth the standards applicable to development within the each Transect Zone located within the Miami Design District Retail Street SAP area. Provisions of the Miami 21 Code modified herein shall apply only within the Miami Design District Retail Street SAP. 5.4 GENERAL URBAN TRANSECT ZONES (T4) 5.4.1 Building Disposition (T4) a. Newly platted Lots shall be dimensioned according to Illustration 5.4 of the Miami Design District Retail Street SAP. b. Lot Coverage by any Building shall not exceed the percentage listed in Illustration 5.4 and Article 4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings only. c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.4 and in Article 4, Table 2 of the Miami Design District Retail Street SAP. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Article 4, Table 8 of the Miami Design District Retail Street SAP. The Outbuilding shall be separated from the Principal Building by a minimum of ten (10) feet. e. Setbacks for Principal Buildings shall be as set forth in Article 4, Table 2 and shown in Illustration 5.4 of the Miami Design District Retail Street SAP. Within the Established Setback Area for the Design District, there shall be no First Layer. f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line, for a minimum fifty percent (50%) of its length. g. The Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.4 of the Miami Design District Retail Street SAP. h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5.4 of the Miami Design District Retail Street SAP. One (1) Story, non -habitable Accessory Structures, of a maximum of two hundred (200) square feet or ten (10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line. 5.4.2 Building Configuration (T4) a. Development within Private Frontages shall comply with Article 4, Table 2 and Illustration 5.4 of the Miami Design District Retail Street SAP. 2fi5O834$2}.424.5294Q 4..} MIAMU 21 JUUU Y 26 2012 ARTICLE 3. GENERAL TO ZONES MIAMU DESIGN DISTRICT RETAIL STREET SAP b. Galleries, Arcades and Cantilevered Buildinqs shall be permitted to extend above the Public Riqht-Of- Way of an entire Block Face. (See Article 3.3.0 and Article 4, Table 8 of the Miami OeoiOn District Retail Street SAP). Galleries, Arcades and Cantilevers located within the Public F<ight'[>f-VVoyshall not count towards Open Space requirements. |nT4. an Aroode. Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever, shall require an SAP Permit and a recommendation of approval or approval with conditions by UDRB with the approval of the Director of Public Work. 1. AnArcade shall not reduce the active Sidewalk width from the oonnentinqSidewalk, Where and shall maintain a minimum vertical clearance of fifteen feet (115') above the averaqe Sidewalk qrade. The Arcade and Buildinq FaQade beyond the 6eGGnd 6tG shall banoIoee-#ha}f#teen+#54orniniunnofthirteen feet (13')4*-+deep and may overlap the whole width of the Sidewalk to within not less than two (2') feet frern of the curb4ine. 2. /\ Cantilever evtondinq into the Public Rklht-[f-VVoy, ehmU maintain a nnininnUnn vertical clearance offifteen (15')feet above the ovannqeSidewalk Ormde. ACantilever may overlap the whole width ofthe Sidewalk towithin net 4e"othon-tvo(2')feet fr-emcfthe curb4ne. ��5A(�aUaryoh�Unc�naducetheantive�id�vva|kvvid�hfR}nl8l��VOna��iD�Sidewalk +width and shall O1g\rtGin 2 0in\mUnl vertical de8[aDc8 of fifteen feet (16) above the average Sidewalk qnGde. . The Gallery shall bano|eo-s thoR-fi#een-445L�ominimum ofthirteen feet (13')wvidadeepand may overlap the whole width of the Sidewalk to within not less than two (2') feet fg*mofthe curb4k*e. VVhereco MIAMI21 JULY 26, 2012 bc. Encroachments shall be allowed as follows: ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP 1. Each An Awning and/or entrance Canopy shall be permitted to encroach to a maximum depth of eight (8) feet or twenty five percent (25%) of the width of the Pedestrian Passage, adjacent Public Right of Way, Sidewalk, or public Alley, whichever is less. Such Encroachment shall further be limited by the edge of the Sidewalk or by objects in the Public Right -of -Way such as trees, streetlamps, et. al. Encroaching wningc= all be a'Iight armature. Bottom edges of Awnings or Canopies shall be no lower than eight (8) feet above the pavement/floor. Awnings of the quarter - sphere type shall not be permitted. Awnings or Canopies abutting a Sidewalk or a public Alley or similar Public Right -Of -Way shall be designed in accordance with Section 54-186 of the City Code and: i. Shall not extend into or occupy more than two-thirds (2/3) of the width of the Sidewalk measured from the building where said Awning or Canopy has a vertical clearance of less than fifteen (15') feet above the Sidewalk. ii Stanchions or columns that support Awnings or Canopies shall be located not less than two (2') feet in from the curb line, iii. Shall not extend over any portion of the Sidewalk within two (2') feet of the curb where said Awning or Canopy has a minimum vertical clearance of fifteen (15') feet or greater above the Sidewalk. I-2 Open Balconies shall be permitted to encroach into the Pedestrian Passage up to three (3) feet beyond the Building Facade for up to twenty five percent (25%) of the width of the Building Facade when located not less than fourteen (14') feet above the surface of the Pedestrian Passage. ed. Unroofed screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback. de. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures, shall be within the Second or Third Layer and concealed from view from any Frontage or sidewalk by liner buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments on any required Setback, except for Buildings existing as of the effective date of this Code, where mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments in the Setback by Waiver. ef. Loading and service entries shall be accessed from Alleys when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Principal Frontages. Loading and service entries shall be screened from all Pedestrian Passage and Principal Frontage views by decorative walls or gates, commercial grade decorative wood or metal, tile, artistic or non -advertising signage (including wayfinding signage), Streetscreens or art or green walls. gl: Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and as shown in Illustration 5.4 of the Miami Design District Retail Street SAP. The first -floor Elevation of a Principal Building shall be at average Sidewalk grade; a first -floor Residential Function should be at a minimum Height of two (2) feet and a maximum Height of three and a half (3.5) feet for privacy reasons or as regulated by FEMA, whichever is higher. The height of the building shall be up to three (3) Stories, and a maximum of forty (40) feet to the top of the roof slab. 65O8345 2}}11529'1{4-1;1 } MIAMI 21 JULY 26, 2012 ARTICLE 3. GENERAL TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP gh. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of five (5) feet. Other ornamental Building features may extend up to five (5) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for a stair, elevator or mechanical enclosure shall be limited to twenty (20%) of the roof area. i. Fences and walls may be located at the Frontage Line as shown in Article 4, Table 6 of the Miami Design District Retail Street SAP. Fences and walls shall be a maximum Height of four (4) feet at the First Layer, except aluminum or iron picket and post Fences with or without masonry posts which shall not exceed a maximum of six (6) feet in Height. Within the Second and Third Layers, Fences and walls shall be a maximum Height of eight (8) feet. 126508315;21 {21529,101;1 MIAMI 21 JULY 26, 2012 ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP LAII ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen.. Exhaust air fans and louvers may be allowed on the Facade only on Frontages located not less than fourteen (14') feet above the first FloorSidewalk in a fashion that does not adversely impact the pedestrian experience. All service infrastructure and utility elements, including, but not limited to, electrical transformers, telephone boxes, cable and other utility boxes, utility wiring, meters, backflow preventers, condensers, dumpsters and loading docks, shall be screened from all Pedestrian Passage and street views by walls or gates. Loading and service entries shall be accessed from subterranean garages or designated service areas. Service, infrastructure and utility elements may be creatively concealed or emphasized. Rooftop elements, such as equipment, tanks, exits and elevator towers, shall be designed, housed or concealed as architectural elements worthy of public view as such elements shall be visible from the elevated highway and surrounding Buildings. 5.4.3 Building Function & Density (T4) a. Buildings in T4 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.4 of the Miami Design District Retail Street SAP. Certain functions as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval by Warrant or Exception. Consult Article 6 of the Miami Design District Retail Street SAP for any supplemental use regulations. 5.4.4 Parking Standards (T4) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5 of the Miami Design District Retail Street SAP. b. Parking may be accessed by an Alley when available. c. Surface parking lots, covered parking and garages shall be located within the Second and Third Layers as illustrated in Article 4, Table 8 of the Miami Design District Retail Street SAP. Surface parking lots, garages, Loading space and service areas shall be masked from the Frontage by a Streetscreen as specified in Illustration 5.4 of the Miami Design District Retail Street SAP. A maximum one hundred per cent (100%) of the width of the Facade may be surface parking, covered parking or garage, which shall align with or be set back from the Facade. Driveways and drop-offs, including parking, may be located within the Second Layer. d. Underground parking may extend into the Second Layer. Ramps to underground parking shall be within the Second and Third Layers. Underground structures should be entered by pedestrians from a Building or the Pedestrian Passage. e. The maximum width at the Property Line of a driveway on a Frontage shall be twelve (12) feet. Shared driveway width combining ingress and egress shall be a maximum width of thirty-five (35) feet at the Property Line and may encroach into Setbacks. Two separate driveways on one Lot shall have a minimum separation of twenty (20) feet. Any vehicular drive greater than twenty (20) feet in width shall require a median of not less than three (3) feet in width between vehicular ingress and egress travel lanes to enhance pedestrian safety. I26508345;21{21529'10I;I } MIAMI 21 JULY 26, 2012 ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP f. Tandem Parking on site should be encouraged. g. Shared Parking shall be calculated according to Article 4, Table 5 for the Miami Design District Retail Street SAP. h. In T4-L and T4-O a minimum of one (1) bicycle rack space shall be provided for every twenty (20) vehicular parking spaces and may be in the Private Frontage or the Public Right -of Way in a fashion consistent with the guidelines referenced in 3.6.10.d of the Miami Design District Retail Street SAP. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots, including under Thoroughfares. Above -grade parking may extend into the Second Layer above a first floor Liner with decorative Facade treatment matching the Liner Facade below or an art or green wall. Underground Parking may extend above grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area. 5.4.5 Architectural Standards (T4) a. Only permanent structures shall be allowed. Temporary Structures, such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary structures, shall not be allowed except as otherwise permitted by City Code. b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment or an art or green wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story, with the following exceptions: • Along NE 1st Avenue and NE 2nd Avenue a reduction between forty nine percent (49%) and thirty percent (30%) may be granted by SAP Permit with review by the UDRB. • Along NE 39th Street, NE 40th Street and NE 41st Street, a reduction between forty-nine percent (49%) and thirty percent (30%) may be granted by SAP Permit with review by UDRB. Requests between twenty nine percent (29%) to a minimum of fifteen percent (15%) shall require an SAP Permit and a recommendation of approval or approval with conditions by the UDRB. • Along the Pedestrian Passage a glazing reduction below forty-nine percent (49%) may be granted by the SAP Permit. c. Roof materials should be light-colored, high-Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. d. Building walls shall reinforce the continuity of the Pedestrian Passage by their surfaces and by their establishment of the edge, but Building walls may curve, angle, or deviate from the straight line that represents the Facade in the Miami Design District Retail Street SAP. e. Each Shopfront Facade may be an individual design. In the case of Abutting Shopfront Facades, their designs shall be coordinated. Partywalls may extend beyond or above the walls of Abutting Buildings and shall be designed and finished as if they were intended to be permanent, as they may be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings. { 2650834 5_111{24329101;1 } MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP f. Entrance doors shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the exception to entrance doors for existing Buildings and their additions. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedestrian entrances shall occur at a maximum spacing of seventy-five (75') feet and vehicular entries shall occur at a minimum spacing of sixty (60') feet, unless approved by SAP Permit. g. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies shall be articulated with attention to materials and lighting given that the undersides of such elements are frequently more visible than the Facade. 5.4.6 Landscape Standards (T4) a. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent (6.5%) of the total new Building Lot Area included at the time of adoption of the-Miarfia-i--Oesign District Retail St -reef -SAP and Development-Ag ee e t. Any -pa ana+Desi ; t, et Retail SAP Area through the processes described in the Development Agreement shall provide a minimum of ten percent (10%) of its total new Building Lot Area to the aggregate Open Space requirement. Should the Open Space provided at the completion of the development program set forth on page A1.9 of the Concept Book fall below ten percent (10%) of the total new Building Lot Area, the owner(s) of the multiple properties comprising the Miami Design District Retail Street SAP area shall off -set the difference between the desired and required Open Space in accordance with the terms of the Development Agreement. Areas under permanent kiosks shall not be calculated as Open Space. Please see Article 9 for Additional Regulations. 5.4.7 Ambient Standards (T4) a. Noise regulation shall be as established by the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 2.0 foot-candles (fc). Average Horizontal illuminance, measured at the Building Frontage, where adjacent to T3 shall not exceed 1.0 fc. c. Lighting of Building and Open Space of First and Second Layers shall complement the street lighting of Abutting public spaces. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls. (26508345;21 {24529101;1 } MIAMI 21 AMENDMENT 2013 T4 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min. 1,400 s.f. min. b. Lot Width - With rear vehicular access 50 ft. min. 16 ft. min. c. Lot Coverage 93.5 % SAP aggregate d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 50% min. f. Open Space Requirements 6.5 %min.SAPagg & improvements g. Density 36 du/acre max. BUILDING SETBACK a. Principal Front 10 ft. max. or Established Setback b. Secondary Front 10 ft. max. or Established Setback c. Side 0 ft-5'-0" when adjacent building has a setback. d. Rear 20 ft. min* OUTBUILDING SETBACK a. Principal Front 30 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. or 5 ft. min. Abutting a Setback d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T4 L & T4 0 only) g. Gallery permitted h. Arcade permitted BUILDING HEIGHT a. Principal Building 3 Stories max. and 40 ft. max. b. Outbuilding 2 Stories max. * Buildings fronting NE 41st Street shall have a minimum rear setback of 10' at the First Story. ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP Corner Lot Interior Lot Comer Lot Interior Lot ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4) BUILDING PLACEMENT • 1st 2nd er Layer 3rd Layer OUTBUILDING PLACEMENT 4 30' min. 1 30' min:,, 5' min. 5'min.___i min. min. 0' min. 5' 1st 2nd Layer PARKING PLACEMENT 3rd Layer Ai 7- Corner Lot I ►— —i4 20' min. • Interior Lot Max. Height A 30% maw. 5' min. 1st 2nd der Layer BUILDING HEIGHT 3 2 3rd Layer 2 tpisaxt er 2nd & 3rd v Layer er 2nd', 3rd Layer Max. Height This page has been intentionally left blank. 1 126508345:2 1 {24529101-;1-} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) a. Newly platted Lots shall be dimensioned according to Illustration 5.5 of the Miami Design District Retail Street SAP. b. Lot coverage by any Building shall not exceed the percentage fisted in Illustration 5.5 and Article 4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new buildings only. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.5 and Article 4, Table 2 of the Miami Design District Retail Street SAP. d. Buildings or Shopfronts shall have their principal pedestrian entrances on the Pedestrian Passage, a Frontage Line or from a Courtyard at the Second Layer. Where a Building or Shopfront of not greater than 5,000 square feet in size on the ground floor fronts both the Pedestrian Passage and a Principal Frontage and its length along the Principal Frontage is seventy-fiveeighty (7580') feet or less, its principal pedestrian entrance may be located on either the Pedestrian Passage or the Principal Frontage. Where a Building or Shopfront fronts both the Pedestrian Passage and a Principal Frontage and i its length along the Principal Frontage is greater than seyent.�_.ty-fiveeighty (7-580') feet on the ground floor fronts on both the Pedestrian Passage and a Principal Frontage, its principal pedestrian entrance shall be located on the Principal Frontage. e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along a minimum of sixty percent (60%) of its length on the Setback line as shown in Illustration 5.5 of the Miami Design District Retail Street SAP. In the absence of a Building along the remainder of the Frontage line, a Streetscreen shall be built co -planar with the Facade to conceal parking and service areas. g. At the first Story, Facades along a Principal Frontages should have frequent doors and windows. Setbacks for Buildings shall be as shown in Illustration 5.5 and set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP. Within the Established Setback Area for the Design District, there shall be no First Layer. h. For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block connectionPedestrian Passage. An above ground Parking Garage or above ground Parking Structure located in Block 3 West identified on page A1.14 of the Concept Book shall not be required to provide a cross -Block Pedestrian Passage. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -Block passage shall be provided. A cross -Block connection shall not be provided to exit onto NE 42`d Street. 5.5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 4, Table 2 and Illustration 5.5 of the Miami Design District Retail Street SAP. I 1200345;21{24480654;11 } MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP b. Galleries, Arcades and Cantilevered Buildings shall be permitted to extend above the Public Right - Of -Way of an entire Block Face. (See Article 3.3.6 and Article 4, Table 6 of the Miami Design District Retail Street SAP). Galleries, Arcades and Cantilevers located within the Public Right -Of -Way shall not count towards Open Space requirements. In T5, an Arcade, Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever, shall require an SAP Permit and a recommendation of approval or approval with conditions by UDRB with the approval of the Director of Public Work. 1. An Arcade shall not reduce the active Sidewalk width from the connecting Sidewalk. Where cantilevers, structural supports-or-ether--Ilor. placed -with -in -the Public-Riqht-Of-Wa-y-theyand shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Arcade ster-y-shall be no less than fifteenthirteen (153') feet widedeep and may overlap the whole width of the Sidewalk to within not less than two (2') feet fremof the curb -tine. 2. A Cantilever extending into the Public Right -Of -Way, shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade. A Cantilever may overlap the whole width of the Sidewalk to within not less than two (2') feet fromof the curb4itae, 3. A Gallery shall not reduce the active Sidewalk width from the connecting Sidewalk width, The Gallery shall be no less than fifteen (15') feet wide and may overlap the whole width of the Sidewalk to within not lec's than two (2') feet from curb line. Where cantilevers, structural and shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade. The Gallery shall be a minimum of thirteen (13') feet deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. c. Encroachments shall be allowed as follows: 1. percent (100%) of the depth of the Setback, except as may b up to three (3) feet -of -the depth- of the Setback. Others of the Building shall that Facade components promoting energy efficiency such as shading and Screening devices that are non accessible may encroach a maximum of three (3) feet. 2. At the Second L bay n iindows and reefe shall be at a uim three (3) feet deep and may u encroach up to thirty percent (30%) of the depth~ of the Setback. Other cantilevered portions of the Building shall maintain the required Setbacks. At the Second and Third Layers, bay windows, chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the side or rear Setback. At the Second and Third Layers, Balconies may encroach up to fifty percent (50%) of the depth of the side or rear Setback. 3. Each Awning and/or entrance Canopy Canopies shall be permitted to encroach to a maximum depth of eight (8) feet or twenty five percent (25%) of the width of the Pedestrian Passage; adjacent Public Right of Way, Sidewalk, or public Alley, whichever is less. Such Encroachment shall be further limited by the edge of the Sidewalk or by objects in the Public Right -of -Way such as trees, streetlamps, etc. Encroaching Awnings shall be a light armature. Bottom edges of Awnings or Canopies shall be no lower than eight (8) feet above the pavement/floor. Awnings of the quarter -sphere type shall not be permitted. Awnings or Canopies abutting a Sidewalk or public Alley or similar Public Right -Of -Way shall be designed in accordance with the Section 54- 186 of the City Code and: 145Q 3452}{24480654;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP i. Shall not extend into or occupy more than two-thirds (2/3) of the width of the Sidewalk measured from the building where said Awning or Canopy has a vertical clearance of less than fifteen (15') feet above the Sidewalk. ii. Stanchions or columns that support Awnings or Canopies shall be located not less than two (2') feet from within the curb line. (v_ Shall not extend over any portion of the Sidewalk within two (2') feet of the curb where said Awning or Canopy has a minimum vertical clearance of fifteen (15') feet above the Sidewalk. 4. Open Balconies shall be permitted to encroach into the Pedestrian Passage up to three (3) feet beyond the Building Facade for up to twenty five percent (25%) of the width of the Building Facadofacade when located not less than fifteen (15') feet above the surface of the Pedestrian Passage. d. Screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback when Abutting T3 or T4. e. Loading and service entries shall be accessed from Alleys when available and otherwise from the Secondary Frontage. When Lots have only Principal Frontages, vehicular entries, Loading spaces and service areas shall be permitted on Principal Frontages. Loading and service entries shall be screened from all Pedestrian Passage and Primary Frontage views by decorative walls, gates or Streetscreens. f.AII outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures shall be located within the Second or Third Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments. g_Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5.5 of the Miami Design District Retail Street SAP. The first floor elevation shall be at average Sidewalk grade. A first floor Residential 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. Existing one Story Structures shall be considered conforming and may be enlarged. h.Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it and a maximum Height of five (5) feet. Other ornamental Building features may extend up to ten (10) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for stair, elevator or mechanical enclosures shall be limited to twenty (20%) of the roof area, unless approved by Waiver. i_AII ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be screened from public view with landscaping or a similar aesthetic treatment, placed within the line of the Facade or located behind the Streetscreen. MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP Exhaust air fans and louvers may be allowed on the Facade only on Secondary Frontages when located not Tess than fiftecnfourteen (154') feet above the first flooraverage Sidewalk Elevation in a fashion that does not adversely impact the pedestrian experience. Service, infrastructure and utility elements may be creatively concealed or emphasized. Rooftop elements, such as equipment, tanks, exits and elevator towers, shall be designed, housed or concealed as architectural elements worthy of public view as such elements shall be visible from the elevated highway and surrounding Buildings. LStreetscreens shall be a minimum of three and a half (3.5) feet in Height and constructed of a material matching the adjacent building Facade or of masonry, commercial grade decorative wood or metal, tile, artistic or non -advertising signage (including wayfinding), or art or a green wall. The Streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Streetscreens shall be located co -planar with the Building Facade Line. Streetscreens more than three (3) feet high shall be fifty percent (50%) permeable or articulated to avoid blank walls. k.Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8) feet, with the exception of Streetscreens masking loading docks. 5.5.3 Building Function & Density (T5) a. Buildings in T5 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.5 of the Miami Design District Retail Street SAP. Certain Functions as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval by Warrant or Exception. Consult Article 6 of the Miami Design District Retail Street SAP for any Supplemental Use regulations. 5.5.4 Parking Standards (T5) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5 of the Miami Design District Retail Street SAP. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. Parking should be accessed by an Alley. Parking shall, when available, be accessed from the Secondary Frontage. Where Lots have only Principal Frontages, parking may be accessed from the Principal Frontages. When a Lot has only Principal Frontages, Driveways, Loading Docks and service areas shall be at the Second Layer and permitted on Principal Frontages. d. All parking, open parking areas, covered parking, garages, Loading Spaces and service areas, shall be masked from the Frontage by a Streetscreen as illustrated in Article 4, Table 8 of the Miami Design District Retail Street SAP. Underground parking may extend into the Second Layer only if it is fully underground. Ramps to underground parking shall be only within the Second and Third Layers. Above ground parking may extend into the Second Layer with appropriate Facade treatment. For any above ground parking structures located at the intersection of two Thoroughfares, a retail liner shall be provided for a minimum of fifty (50) feet in order to complement the surrounding architecture. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet, except Interim Parking which may 126.54345.2}.{241180654;441 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP be 100% of the length of the Primary Frontage and shall comply with all other applicable City Code regulations. e. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than forty-five (45) feet, except for a Parking Garage or Parking Structure in Block 3 West identified on page A1.14:XX of the Concept Book whose vehicular entrance(s) shall be no wider than fifty-one (51') feet. and tThe minimum distance between vehicular entrances shall be twenty (20) feet at the Property Line and may encroach into Setbacks. Where the vehicular entrance exceeds thirty (30) feet in width, a median of not less than three (3) feet in width shall be provided between vehicular ingress and egress travel lanes to enhance pedestrian safety. f. Pedestrian entrances to all parking Tots and parking structures shall be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building or the Pedestrian Passage. g. Buildings mixing Uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table 5 of the Miami Design District Retail Street SAP. h. Underground parking may extend into the Second Layer. Ramps to underground parking shall be within the Second and Third Layers. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots, including under Thoroughfares. i. Above -grade parking may extend into the Second Layer above a first floor Liner with decorative Facade treatment matching the Liner Facade below or an art or green wall. Underground Parking may extend above -grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area. 5.5.5 Architectural Standards (T5) a. Only permanent Structures shall be allowed. Temporary Structures such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary Structures shall not be allowed, except as otherwise permitted by the City Code and this code. b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment or an art or green wall, and glazed no Tess than fifty per cent (50%) of the Sidewalk -level Story, with the following exceptions: • Along NE 1st Avenue and NE 2nd Avenue a reduction between forty nine percent (49%) and thirty percent (30%) may be granted by SAP Permit. • Along NE 39th Street, NE 40th Street and NE 41st Street, a reduction between forty-nine percent (49%) and thirty percent (30%) may be granted by SAP Permit with review by UDRB. Requests between twenty nine percent (29%) to a minimum of fifteen percent (15°l0) shall require an SAP Permit and a recommendation of approval or approval with conditions by UDRB. • Along the Pedestrian Passage a glazing reduction below forty-nine percent (49%) may be granted by SAP Permit. c. Roof materials should be light-colored, high Albedo or of a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. jz(..... U3345.;2j_{24480654;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP d. The Facade of a Parking Garage that is not concealed behind a Habitable Liner shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking Structures shall be covered a maximum of sixty percent (60%) with a shade producing Structure such as, but not limited to, a vined pergola or retractable canvas shade Structure. In lieu of the use of the aforementioned shade producing Structure, an alternate treatment of the exposed top level of parking Structure may be approved by SAP Permit. e. Building walls shall reinforce the continuity of the Pedestrian Passage by their surfaces and by their establishment of the edge, but Building walls may curve, angle, or deviate from the straight line that represents the Facade in the Miami Design District Retail Street SAP. f. Each Shopfront Facade may be an individual design. In the case of Abutting Shopfront Facades, their designs shall be coordinated. Partywalls may extend beyond or above the walls of Abutting Buildings and shall be designed and finished as if they were intended to be permanent, as they may be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings. g. Not less than one (1) eEntrance doors per Building or tenant space, as the case may beshall be at Sidewalk grade or the grade of the Pedestrian Passage, with the exception to entrance doors for existing Buildings and their additions. h. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies shall be articulated with attention to materials and lighting given that the undersides of such elements are frequently more visible than the Facade. 5.5.6 Landscape Standards (T5) a. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent (6.5%) of the total new Building Lot Area included-attime-o adoption of the Miami Design District Ret��taiill Street SAP arld Development-Agreem ee-ed-to then ign District 0 g t 4r to the gr ate Space - r-�-creel-cv-crrc-a�yrG'�c. e{-1�J:.�uc�c requirement. Should the Open Space provided at the completion of the development program set forth on page A1.9 of the Concept Book fall below ten percent (10%) of the total new Building Lot Area, the owner(s) of the multiple properties comprising the Miami Design District Retail Street SAP area shall off -set the difference between the desired and required Open Space in accordance with the terms of the Development Agreement. Areas under permanent kiosks shall not be calculated as Open Space. 5.5.7 Ambient Standards (T5) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 5.0 foot-candles (fc). Average horizontal illuminance, measured at the Building Frontage, where adjacent to T3 shall not exceed 1.0 fc. c. Lighting of Building and contingent Open Spaces shall be complementary with the street lighting of Abutting public spaces as illustrated in Article 8 of the Miami Design District Retail Street SAP. Interior garage lighting fixtures shall not be visible from streets. �265�J43�5,2_ MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls. {zc.s_.o 3a5,2J.{24180651;1} MIAMI 21 AMENDMENT 2013 T5 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min. 1,200 s.f. min. b. Lot Width - With rear vehicular access 50 ft. min. 16 ft. min. c. Lot Coverage 93.5 % SAP aggregate d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 70% min. f. Open Space Requirements 6.5 %min.SAP agg & improvements g. Density 65 du/acre max. BUILDING SETBACK a. Principal Front 10 ft. max. or Established Setback See Art 4 Table 2 for add'I limitations b. Secondary Front 10 ft. max. or Established Setback c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T4 6 ft. min. Abutting Side or Rear T3 10% of Lot depth** min.15' through 2^" Story 26 ft. min. above 2" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T5 L & T5 0 only) g. Gallery permitted h. Arcade permitted i. Cantilever permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 5 Stories. See Art 4 Table 2 for add'I limitations c. Max. Benefit Height 1 Story Abutting D1 ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP ILLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (T5) Comer Lot Interior Lot Corner Lot Interior Lot • BUILDING PLACEMENT _Secondary Front_ _ _ _ 7 tit 10' min. tY min. 0' min• • min. ►-4 0' min. • • \‘'.444r. 2nd Layer 3rd Layer -PARKING-PLACEMENT i. 1 25' min 25' min.N Max. Benefit Height Max. Height Min. Height 1st er 2nd Layer 1st • 50%max, 4 I2nd&5rd 0' min. j Layer • 0' min. 2nd 3rd La Layer layer BUILDING HEIGHT 6 y 5 4 3 2 0' min. ►-4 Max. Height Min. Height ABUTTING SIDE & REAR D1 5 4 3 2 1 0' min. tH ABUTTING SIDE & REAR ALL ZONES IXCEPTT4 & T3 4 3 2 6' min. ►--i� ABUTTING SIDE & REAR T 5 26' min. 3 2 10% of Lot d ptli** 1 ABUTTING SIDE & REAR T3 **10% of Lot depth for Lots more than 120' deep 6' min for Lots less than 120' deep MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP This page has been intentionally left blank, .126Q 45.2.{24480654;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) a. Lot coverage by any Building shall not exceed the percentage listed in Illustration 5.6 and Article 4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings only. b. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.6 and the standards set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP. c. Buildings or Shopfronts shall have their principal pedestrian entrances on the Pedestrian Passage, a Frontage Line or from a courtyard at the Second Layer. Where a Building or Shopfront of not greater than 7000-squar fronts both the Pedestrian Passage and a Principal Frontage and its length along the Principal Frontage is �e��, nty-f„eeighty (7--580') feet or less, its principal pedestrian entrance may be located on either the Pedestrian Passage or the Principal Frontage. Where a Building or Shopfront fronts both the Pedestrian Passage and a Principal Frontage and its length along the Principal Frontage is greater than seventy-feeighty (7-580') feet P-edestrian qe-ronta-e, its principal pedestrian entrance shall be located on the Principal Frontage. d. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along a minimum of sixty percent (60%) of its length on the Setback line as shown in Illustration 5.6 of the Miami Design District Retail Street SAP. In the absence of Building along the remainder of the Frontage line, a Streetscreen shall be built co -planar with the Facade to shield parking and service areas. In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building corner may recede from the designated Setback up to twenty percent (20%) of the Lot length. e. Setbacks for Buildings shall be as shown in Illustration 5.6 and set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP. Within the Established Setback Area for the Design District, there shall be no First Layer. For T6-8 and T6-12, Frontage Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet. For T6-12, T6-24, T6- 36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the Setbacks shall reflect the transition as shown in Illustration 5.6 of the Miami Design District Retail Street SAP. Above the eighth floor, minimum building spacing is sixty (60) feet, except that where the Building abuts T5, the sixty (60) feet required spacing above the fifth floor shall be 20 feet. For T6-12, T6- 24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet. For T6-12, T6-24, T6-36, T6-48, T6-60 and T6-80 above the eighth floor in the Second Layer, at a setback of ten (10) feet, an additional two stories of habitable space may extend a maximum sixty percent (60%) of the length of the street Frontages. For T6-12, T6-24, T6-36, T6-48, T6-60 and T6- 80 above the eighth floor an additional six feet of non -habitable space may be allowed without additional setback to accommodate depth of swimming pools, landscaping, transfer beams, and other structural and mechanical systems. 1265Q334. J{24480654;1} g. Above the fifth floor, for Lots in T6-12 west of NE 1st Avenue, where Height shall be limited to twelve (12) Stories and the Building is adjacent to a T5 Lot, Building side Setbacks may be a minimum of ten (10) feet and no Building separation shall be required. Above the eighth floor, for Lots in T6-12 west of NE 1st Avenue, where Height shall be limited to fourteen (14) Stories and the Building is adjacent to a T6 Lot, Building side Setbacks may be a minimum of fifteen (15) feet and the minimum Building separation may be reduced to thirty (30) feet. Closed stairs and open balconies may encroach up to five (5) feet into the Setback by SAP Permit. For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block sennestionPedestrian Passage. A Parking Garage or Parking Structure located in Block 1 West identified on page A 1.14X.X of the Concept Book shall not be required to provide a cross -Block Pedestrian Passage. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -Block connection shall be provided. Such a cross -Block connection may be covered above the first floor by a maximum of twenty-five percent (25%) of its length with Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In all T6 zones, a cross Block connection may be roofed. 5.6.2 Building Configuration (T6) a. Development within Private Frontages shall comply with Article 4, Tables 2 and Illustration 5.6 of the Miami Design District Retail Street SAP. b. Galleries, Arcades and Cantilevered Buildings shall be permitted to extend above the Public Right -Of - Way of an entire Block Face. (See Article 3,3.6 and Article 4, Table 6 of the Miami Design District Retail Street SAP). Galleries, Arcades and Cantilevers located within the Public Right -Of -Way shall not count towards Open Space requirements. In T5, an Arcade, Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever, shall require an SAP Permit and a recommendation of approval or approval with conditions by UDRB with the approval of the Director of Public Work. An Arcade shall not reduce the active Sidewalk width from the connecting Sidewalk -Where cantilevers, structp-ee#4s-or ether -horizontal Buildings-appendagcc are nI ,ed wi+"in4he Public Right-Of_Way the rand -shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Arcade shall be no less than fifteenthirteen (1-513') feet widedeep and may overlap the whole width of the Sidewalk to within not less than two (2') feet fro of the curb4ine. 2. A Cantilever extending into the Public Right -Of -Way, shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade. A Cantilever may overlap the whole width of the Sidewalk to within not less than two (2') feet fremof the curb4ine. 3. A Gallery shall not reduce the active Sidewalk width from the connecting Sidewalk width- Gallery shall be no less than fifteen (15') feet wide and may overlap the whole width of -the S idewafk to it or other horizontal Building appendages extend into the Right_Of_Way they shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade The Gallery i2'5OS345'2t MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP shall be a minimum of thirteen (13') feet deep and may overlap the whole width of the Sidewalk to within two (2') of the curb. c, Above the eighth floor, the Building Floorplate dimensions shall be limited as follows: 1. 15,000 square feet maximum for Residential Uses in T6-8, T6-12 and T6-24 2. 18,000 square feet maximum for Residential Uses in T6-36, T6-48, T6-60 and T6-80 3. 30,000 square feet maximum for Commercial Uses and for parking 4. 180 feet maximum length for Residential Uses 5. 215 feet maximum length for Commercial Uses d. Encroachments shall be as follows: 1. At the First Layer, cantilevered Awnings and entry canopies may encroach up to one hundred 0 maintain the required Setback. Above the eighth Story, no Encroachments are permitted, except are non accessible may encroach a maximum of three (3) feet.Awnings or Canopies shall be permitted to encroach to a maximum depth of eight (8') feet or twenty five percent (25%) of the width of the Pedestrian Passage, whichever is less. Awnings or Canopies abutting a Sidewalk or a public Alley or similar Public Right -Of -Way shall be designed in accordance with Section 54- 186 of the City Code and: Shall not extend into or occupy more than two-thirds (2/3) of the width of the Sidewalk measured from the building where said Awning or Canopy has a vertical clearance of Tess than fifteen (15') feet above the Sidewalk. ii. Stanchions or columns that support Awnings or Canopies shall be located not Tess than two (2') feet from within the curb line. ii. Shall not extend over any portion of the Sidewalk within two (2') feet of the curb where said Awning or Canopy has a minimum vertical clearance of fifteen (15') feet above the Sidewalk. Such Encroachment shall be further limited by the edge of the Sidewalk or by objects in the Public Right -Of -Way such as trees, streetlamps, etc. Bottom edges of Awnings or Canopies shall be no lower than eight (8') feet above the pavement/floor. Awnings of the quarter -sphere type shall not be permitted. 2. At the Second Layer, bay windows and roofs shall be at a maximum three (3) feet deep and may encroach up to thirty percent (30%) of the depth of the SetbackSidewalk. Other cantilevered portions of the Building shall maintain the required Setbacks. At the Second and Third Layers, bay windows, chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the side or rear Setback. At the Second and Third Layers, Balconies may encroach up to fifty percent (50%) of the depth of the side or rear Setback. 265014s>2..}.{211806511;1 } MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP 3. Each Awning and/or entrance Canopy shall be permitted to encroach to a maximum depth of eight of Way, Sidewalk, or public Alley, whichever is less. Such Encroachment shall be further limited permitted. 3. Open balconies shall be permitted to encroach into the Pedestrian Passage up to three (3) feet beyond the Building Facade for up to twenty five percent (25%) of the width of the Building FacadcfaQade when located not Tess than fourteen (14') feet above the surface of the Pedestrian Passage. e_AII outdoor storage, electrical, plumbing, mechanical and communications equipment and appurtenant enclosures shall be located within the Second or Third Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments. f. Loading and service entries shall be accessed from Alleys when available, and otherwise from the Secondary Frontage. Loading spaces and service areas shall be internal to the building, except for T6-12 Lots west of NE 1st Avenue where Loading shall be open but buffered by a highly decorative wall or screen and permitted by SAP Permit. Where Lots have only Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Principal Frontages. Loading and service entries shall be screened from all Pedestrian Passage and Primary Frontage views by decorative walls or gates or Streetscreens. q. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 of the Miami Design District Retail Street SAP and be allocated as required in Illustration 5.6 of the Miami Design District Retail Street SAP. First -floor elevation shall be at average Sidewalk grade. A first level Residential 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. Existing one Story Structures shall be considered conforming and may be enlarged. h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it. Other enclosures for housing stairs, bathrooms, elevators or mechanical equipment or for ornamental Building features may extend up to ten (10) feet above maximum height for T6-8 and T6-12. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to fourteen (14) feet. i_AII ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be screened from public view with landscaping or a similar aesthetic treatment, placed within the line of the Facade or behind the Streetscreen. Exhaust air fans and louvers may be allowed on the Facade only on Frontages fourteen (14') feet above the first floorSidewalk in a fashion that does not adversely impact the pedestrian experience. Service, infrastructure and utility elements may be creatively concealed or emphasized. Rooftop elements, such as equipment, tanks, exits and elevator towers, shall be designed, housed or concealed as architectural elements worthy of public view, as such elements shall be visiblefrom the elevated highway and surrounding tall Buildings. LStreetscreens or fences shall be a minimum of three and a half (3.5) feet in Height and constructed of a material matching the adjacent Building Facade or of masonry, wrought iron or aluminum. The {26 0.;;a ,?..;.{24480651;1} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP Streetscreen may be replaced by a hedge. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Streetscreens shall be located co -planar with the Building Facade Line. Streetscreens over three (3) feet high shall be fifty percent (50%) permeable or articulated to avoid blank walls. k_Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8) feet, with the exception of Streetscreens masking loading docks. 5.6.3 Building Function & Density (T6) a. Buildings in T6 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.6 of the Miami Design District Retail Street SAP. Certain Functions as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval by Warrant or Exception. Consult Article 6 of the Miami Design District Retail Street SAP for any supplemental regulations. b. The calculation of the FLR shall not apply to that portion of the building that is entirely below base flood elevation. 5.6.4 Parking Standards (T6) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5 of the Miami Design District Retail Street SAP. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Frontage when available. Where Lots have only Principal Frontages, parking may be accessed from the Principal Frontages. When a Lot has only Principal Frontages, Driveways, vehicular entries, Loading Docks and service areas shall be at the Second Layer and permitted on Principal Frontages. d. Primary Frontage. All parking, open parking areas, covered parking, garages, Loading Spaces and service areas, with the exception of drop-off drives and porte-cocheres, 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 of the Miami Design District Retail Street SAP. Parking, drop-off drives and porte-cocheres may extend into the Second Layer with appropriate Facade or Landscape treatment. For any above or below ground parking structures located at the intersection of two Thoroughfares, a retail Liner shall be provided for a minimum of fifty feet (50') in order to complement the surrounding architecture. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet, except for Interim Parking which may be 100% of the length of the Primary Frontage and shall comply with all other applicable City Code regulations. e. Underground parking may extend into the Second Layer. Ramps to underground parking shall be within the Second or Third Layers. f. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than forty-five (45) feet, except for a Parking Garage or Parking Structure in Block 3 West identified on page A1.14.47X of the Concept Book whose vehicular entrance(s) shall be no wider than fifty-one (51') feet. and tThe minimum distance between vehicular entrances shall be twenty (20) feet at the Property Line and may encroach into Setbacks. Where the vehicular entrance exceeds thirty (30) feet in width, a median t2.oQH:}4 ;2..1.{21.480651;4) MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP g• of not less than three (3) feet in width shall be provided between vehicular ingress and egress travel lanes to enhance pedestrian safety. Pedestrian entrances to all parking Lots and parking structures shall be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building or the Pedestrian Passage. h. Buildings mixing uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table 5 of the Miami Design District Retail Street SAP. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots, including under Thoroughfares. Above -grade parking may extend into the Second Layer above a first floor liner with decorative facade treatment matching the liner facade below or an art or green wall. Underground parking may extend above grade into a first floor liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area, 5.6.5 Architectural Standards (T6) a. Only permanent structures shall be allowed. Temporary structures, such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary structures, shall not be allowed, except as otherwise permitted by the City Code and this code. b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment or an art or green wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story, with the following exceptions: • Along NE 1st Avenue and NE 2nd Avenue a reduction between forty-nine percent (49%) and thirty percent (30%) may be granted by SAP Permit. • Along NE 38th, 39th, 40th and NE 41st Streets, a reduction between forty-nine percent (49%) and thirty percent (30%) may be granted by SAP Permit with review by UDRB. Requests between twenty-nine percent (29%) to a minimum of fifteen percent (15%) shall require an SAP Permit and a recommendation of approval or approval with conditions by UDRB. • Along the Pedestrian Passage a glazing reduction below forty-nine percent (49%) may be granted by the SAP Permit. c. Roof materials should be light-colored, high Albedo or of a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. d. The Facade of a parking garage that is not concealed behind a Habitable Liner and all Elevations shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking structures shall be covered a minimum of sixty percent (60%) with a shade producing structure such as, but not limited to, a vined pergola or retractable canvas shade structure,,-. In lieu of the use of the aforementioned shade producing Structure, an alternate treatment of the exposed top level of parking Structure may be approved by SAP Permit. t.265 4444442i.{24480654;11} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP e. Building walls shall reinforce the continuity of the Pedestrian Passage by their surfaces and by their establishment of the edge, but Building walls may curve, angle, or deviate from the straight line that represents the Facade in the Miami Design District Retail Street SAP. g. Each Shopfront Facade may be an individual design. In the case of Abutting Shopfront Facades, their designs shall be coordinated. Partywalls may extend beyond or above the walls of Abutting buildings and shall be designed and finished as if they were intended to be permanent as they may be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings. Not less than one (1) Entrance entrance doors per Building or tenant space, as the case may be, shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the exception to entrance doors for existing Buildings and their additions. h. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies shall be articulated with attention to materials and lighting given that the undersides of such elements are frequently more visible than the Facade. 5.6.6 Landscape Standards (T6) a. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent (6,5%) of the total new Building Lot Area included at the time of adoption of the Miami Design District Retail Street SAP and Development Agreement. Arr Area -throe 4he-ar cr•ccs dessribed-in the Development Agreement shall provide a minimum o ° . Should the Open Space provided at the completion of the development program set forth on page A1.9 of the Concept Book fall below ten percent (10%) of the total new Building Lot Area, the owner(s) of the multiple properties comprising the Miami Design District Retail Street SAP area shall off -set the difference between the desired and required Open Space in accordance with the terms of the Development Agreement. Areas under permanent kiosks shall not be calculated as Open Space. 5.6.7 Ambient Standards (T6) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 20 fc (foot-candles). c. Average Lighting of Building and contingent Open Spaces shall complement the street lighting of Abutting public spaces as illustrated in Article 8 of the Miami Design District Retail Street SAP. Interior garage lighting fixtures shall not be visible from Thoroughfares. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding Thoroughfares. e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls. 126 t,K3.4: 2,.{24480654;4} MIAMI 21 AMENDMENT 2013 T6 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 50 ft. min. c. Lot Coverage -1-8 Stories 93.5 % SAP aggregate - Above 8" Story 15,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 8 / 30% additional Public Benefit e. FrontageatfrontSetback 70% min. f. Open Space Require- ments 6.5 %min.SAP agg & improvements g. Density 150 du/acre max. * BUILDING SETBACK a. Principal Front 10 ft. min.*"; 20 ft. min. above 8" Story or 0' on certain Frontages*** b. Secondary Front 10 ft. min.*"; 20 ft. min. above 8" Story or 0' on certain Frontages**' 1 c. Side 0 ft. min.; 30 ft. min. above 8" Story d. Rear 0 ft. min.; 30 ft. min. above 8" Story e. Abutting Side or Rear T5 0 ft. min.; 10 ft. min. 6" through 8" Story 30 ft. min. above 8" Story Abutting Side or Rear T4 6 ft. min. 1n through 5'h Story 26 ft. min. 6" through 8" Story 30 ft. min. above 8" Story Abutting Side or Rear T3 10% of Lot depth** min.15 through 2nd Story 26 ft. min. 3" through 5'h Story 46 ft. min. above 5" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-12 L & T6-12 0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Cantilever permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories See Art4 Table 2 for add'I limitations. b. Max. Height 12 Stories c. Max. Benefit Height 8 Stories Abutting all Transect Zones except T3, except north of 40th St. 2 Stories * Or as modified in Diagram 9 ** Or Established Setback ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING PLACEMENT PARKING PLACEMENT SecondKr Front i 0 min. .i 30 min. 0' min. • • • 4 1st er 2nd & 3rd Layer Secondary Front 25' min 50%m c 0' min. j • 1st Layer 4 2nd & 3rd Layer 0 min. ►4 1s 2nd 3rd t 2nd 3rd Layer yer Layer La Layer Layer BUILDING HEIGHT Max. ,ter Benefit, L 20 Height Min Height i 30' min. 114 7 6 5 4 2 0 min. ►.i 30' min. a 7 10min. ► 6 5 1 3 2 O'min ABUTTING SIDE OR REAR ALL ZONES EXCEPT T5, T4 AND T3 ABUTTING SIDE OR REAR T5 ,20 I- _i_13 — i 1 L 12 1 7- 1 9 j 8 30 min. 26 min. 4 3 2 6' min. ►— • 12 7 10'. min. 6 5 2G min. i 3 2 14 i I 10%of Lot depth** —^ BUTTING SIDE 0R REAR T4 ABUTTING SIDE OR REAR T3 **10% of Lot depth for Lots more than 120' deep 6' min for Lots less than 120' deep MIAMI 21 AMENDMENT 2013 T6 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.- 100,000 sf max. b. Lot Width 50 ft. min. c. Lot Coverage -1-8 Stories 93.5 %SAP aggregate - Above 8"' Story 15,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 7 / 30% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space Requirements 6.5 % min.SAP agg & improvements g. Density 150 du/acre max. BUILDING SETBACK a. Principal Front 10 ft. min."; 20 ft. min. above 8h Story or 0' on certain Frontages""' b. Secondary Front 10 ft. min."; 20 ft. min. above 8th Story or 0' on certain Frontages'"' ] c. Side 0 ft. min.; 30 ft. min. above 8'h Story d. Rear 0 ft. min.; 30 ft. min. above 8"' Story e. Abutting Side or Rear T5 0 ft. min.; 1st through 5th Story 10 ft. min. 6th through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-24 L & T6-24 0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Cantilever permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories See Art 4 Table 2 for add'I limitations. b. Max. Height 12 Stories c. Max. Benefit Height 8 StoriesAbutting all TransectZones except T3, except north of 40th St. 2 Stories * Or as modified in Diagram 9 "" Or Established Setback ARTICLE 5. SPECIFIC TO ZONES MIAMI DESIGN DISTRICT RETAIL STREET SAP ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING PLACEMENT PARKING PLACEMENT 3econda Fran 1st layer 2nd & 3rd Layer 30' min. 0 min. 0' min. ►4 30' min. 4 Secondary Front 25' min. 50% max r4 N 0' min. A 1st War 2nd &3rd Layer 0' min. ►4 . ► .4 ►4 18 2nd 3rd 2nd 3rd Layer yer Layer r Layer Layer BUILDING HEIGHT i Maz. Benefit I 20 j 20 J Height i J. 1 i 13 Max ►r Height ' I 12 Min. Height 9 30' min. 8 7 6 5 4 3 2 0 min. ►.4 12 30' min. 7 10' min.. 3 2 0' min. ABUTTING SIDE OR REAR ALL ZONES EXCEPT T5, T4 AND T3 ABUTTING SIDE OR REAR T5 20 r 13 12 r 30' min 26 min. 3 2 6' min. ►---r 112 7 10'. min. n 5 26min. i i 2 10%of Lot depth"" �N 1 ABUTTING SIDE OR REAR T4 ABUTTING SIDE OR REAR T3 '10% of Lot depth for Lots more than 120' deep 6' min for Lots less than 120' deep This page has been intentionally left blank. I 1.26508345'11+244806544} MIAMI 21 JULY 26, 2012 6.5 SIGN STANDARDS 6.5.1.5 GENERAL REQUIREMENTS ARTICLE 6. SUPPLEMENTAL REGULATIONS MIAMI DESIGN DISTRICT RETAIL STREET SAP The following general requirements and limitations shall apply with regard to Signs, in addition to provi- sions appearing elsewhere in this code. No Variance from these provisions is permitted unless other- wise provided herein. a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non - Commercial message, so long as said Sign complies with the size, Height, Area and other requirements of this code and the City Code, b. Limitations on false and misleading Signs. It shall be unlawful to post any Sign that is false or mis- leading. c. No Sign adjacent to a T3, T4-R, T5-R or T6-R zone shall be illuminated or Flashing unless such Signs are specifically authorized by the regulations for the Transect in which erected. Whether or not illuminated or Flashing Signs are authorized generally within a zone, no Flashing Sign shall be permitted within one hundred (100) feet of any portion of property in a Residential district located north of NE 42nd Street, as measured along the street Frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such Sign is directly visible from the Residential property involved. d. Revolving or Whirling Signs and pennant or streamer Signs are hereby prohibited unless such Signs are specifically authorized by the regulations for the Zone in which erected. e. Signs of historic significance. Any Sign determined to be of historic significance by the Historic and Environmental Preservation Board, through resolution that makes findings according to the Chapter 23 of the City Code, may be exempted by Warrant from any Sign limitation imposed by this code. The placement of said Sign may be as approved according to the considerations and standards of Warrant approval, as the criteria in Chapter 23. Variances for Height on freestanding outdoor Advertising Signs may be granted by the Planning, Zoning and Appeals Board, pursuant to the limitations set forth in this code and upon compliance with the following: 1. An application for a Height Variance for a freestanding outdoor Advertising Sign may only be submitted, and accepted by the City, if the Height Variance is necessary due to a government action which renders the Sign not visible from the roadway(s) which it was intended to be viewed from; said government action will only be considered a justification for the requested Variance if the action occurs after the Sign has been legally erected under the provisions of the zoning ordinance in effect at the time the Sign was built. A legally erected Sign that was legally constructed and not in compliance with the Height provisions of the Zoning Ordinance may not justify the noncompliant Height as hardship for a Variance request; only a subsequent government action, which physically impedes the visibility of a Sign, will be considered a valid justification; 265(18345;2'1(21180644;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP g• 2. Any application for a Height Variance for a freestanding outdoor Advertising Sign must be accompanied by line of sight studies from the roadway(s) which such Sign is intended to be viewed from; and 3. A finding must be made that the Variance be requested is the minimum Variance necessary to make such Sign visible from the roadway(s) which such Sign is intended to be viewed from. 4. In addition, this section shall not apply to any Sign with nonconforming status. All Temporary Signs shall comply with the requirements of Chapter 62 of the City Code. h. All Signs shall comply with the vision clearance standards of this code. A Warrant shall be required for establishment of community or Neighborhood bulletin boards, including kiosks in districts where permissible, but no Sign permits shall be required for posting of notices thereon. Size and location standards shall be as set forth in the districts where permissible. Subject to approval by the officer or agent designated by the City Manager, such bulletin boards or kiosks may be erected on public property. Conditions of the Warrant shall include assignment of responsibility for erection or maintenance, and provision for removal if not properly maintained. Freestanding Signs higher than seven (7) feet in height are prohibited in Transect Zones T6-24, T6- 36, T6-48, T6-60, and T6-80. Free standing Signs above seven (7) feet in height are allowed By Right in District (D) Zones and may be permitted by Warrant in all other Zones, subject to any applicable Design Guidelines. These regulations do not apply to those signs regulated under Chapter 62, Article 13 of the City Code. k. Painted wall Signs are prohibited in Transect Zones T6-24, T6-36, T6-48, T6-60, and T6-80. Painted wall Signs are allowed By Right in District (D) Zones and may be permitted by Warrant in all other Zones, subject to any applicable Design Guidelines. Painted wall Signs shall be limited to on -prem- ises business identification signage as more specifically regulated in each transect zone per Section 6.5.2. These regulations do not apply to those signs regulated under Chapter 62, Article 13 of the City Code. 6.5.2 TRANSECT SPECIFIC STANDARDS 6.5.2.1 GENERALLY a. Criteria. In the review and approval of Signs, the City shall ensure compliance with all applicable sections of the Florida Building Code and ensure that the Signs comply with the zoning regulations of this code including: 1. The size and Area of the Signs comply with the specifications set forth for the type of Sign and the Zone in which the Sign is to be located; and, 2. The Signs comply with location standards on the subject property or Structure as specified herein. 6.5.2.5 T4-O, T5-L, T5-O, T6-L, T6-O, CI -HD, D1, D2 AND D3 .06508 45,2k.{21180654;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP Except as otherwise provided, the following Signs are permitted and may be illuminated but shall not be Animated or flashing. a. For a single establishment within a Building: 1. Wall Signs. When a single establishment takes up an entire Building, wall Signs shall be limited to one and one half (1 1/2) square feet of Sign Area for each lineal foot of Building Facade area. • Each establishment is permitted one (1) Identification Sign and up to two (2) Secondary Identification Signs per Shopfront Facade, all of which shall be subject to the aggregate Sign Area. The Sign Area for each Shopfront Facade shall be calculated independently. • Wall signs shall be limited to registered trade names, logo brand marks, swashed, simple lines, back plates and other decorative touches. Tag lines, bylines, merchandise or service descriptions are not permitted. • The Copy Area of each Identification Sign and Secondary Identification Sign shall be computed by surrounding each Sign with a square or rectangle shape in order to calculate the area. Elements such as logo brand marks, swashes, simple lines, back plates or other decorative touches shall not be included as part of the Copy Area. Letter height shall be determined by measuring the tallest letter of an Identification Sign or Secondary Identification Sign, inclusive of swashes, ascenders, and descenders. Identification Signs and Secondary Identification Signs shall not exceed eighty percent (80%) of the width of the Shopfront Facade, The combined area of all Identification Signs and Secondary Identification Signs shall not exceed thirty-five percent (35%) of the area of the Shopfront Facade. 2. Window Signs. Attached signs shall not exceed thirty-five (35%) of the glassed area of the window in which placed. Number of such Signs in not limited by these regulations, but the Window Sign areas shall be included as part of aggregate wall Sign Area, as limited above. Only trade names or graphic logos may be used. Store description, advertisements, or tag lines are not permitted. The entire graphic shall be mounted below 48" in height from finished floor and all applied graphics shall be adhered to the interior side of the glass. Painted Signs in the form of artistic murals may be allowed by SAP Permit. 3. Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area; however, such permissible Sign Area may be increased to eighty (80) square feet where maximum projection from the face of the Building is two (2) feet or less; sixty (60) square feet where projection is more than two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. The aggregate Area of such Signs shall be included as part of aggregate wall Sign Area, as limited above. 4. Ground/Freestanding Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area for each es- tablishment or for each one hundred (100) feet of street Frontage. Permitted Sign Area may be cumulative, but no Sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions, 12.650$ 45;2t.{2'V80654;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP 5. Tenant Logo Treatment. Identification Signage (fascia wall signs, for example) can be inter- mixed with large expressions and artistic interpretations of the tenant brand logo marks. Tenant logos may be considered as larger scaled artistic expressions of the merchandising and can be used at a large urban Building scale, as Building patterns, or may be incorporated into the Building architecture itself, so as to be considered a part of the Building and Facade expression. Building wraps are not permitted. All Tenant Logo Treatment shall not be calculated as part of aggregate Facade Sign Area. Where a tenant logo or any letter, numeral, character, figure or emblem will cover more than fifty percent (50%) of the area of the Building Facade, such architectural or artistic treatment shall require approval by SAP Permit. 7. Building Address Signs. Building addresses will not be calculated as part of aggregate wall Sign Area, as limited above. 8. Wall Mounted Plaque. Not more than one (1) such Sign, not exceeding four (4) square feet in area, may be located adjacent to entry doors. No taglines, slogans, service or product descriptions are permitted in the text. A Wall Mounted Plaque shall be calculated as part of aggregate Facade Sign Area, as limited above. 9. Inlaid Entry Vestibule Floor Signs. Not more than one (1) such Sign not exceeding ten (10) square feet in area, may be recessed into the floor, located solely within tenant lease line at the entry vestibule of the store, and integrated flush into the surrounding flooring system. Such Signs must be fabricated out of durable, non -slip materials. Inlaid Entry Vestibule Floor Signs shall not be calculated as part of aggregate wall Sign Area, as limited above. 10. Interior Signs. Signage, mounted inside the store three (3) feet beyond the Shopfront Facade, viewed from the pedestrian walkway will not be calculated as part of aggregate Facade Sign Area, as limited above. Any Signage mounted inside the store within three (3) feet of the Shop - front Facade shall be considered a Window Sign and governed by the requirements of Sec. 6.5.2.5.a.2. 11. Video and animated architectural Facade treatments may be used as approved by Warrant. 12. Prohibited Sign Types. Following is a list of prohibited sign types: • Suspended blade signs. • Moving, rotating, or flashing signs, except video facade treatments permitted via SAP Permit. • Signs with exposed neon, vacuum -formed plastic, and internally illuminated plex-faced box signs. • Parapet -mounted signs or signs which project above the parapet. • Painted tenant identity signs, except artistic murals permitted via SAP Permit. • Balloon or inflatable signs. • Signs which emit sound, odor, or any visible matter, except audio video permitted through the SAP Permit. 120d8 45.21.{2/480654;4) MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP • Simulated materials, i.e. plastic laminate, paper, cardboard, foam, Sentra. • Freestanding tenant identity signs and portable signs such as A -frame sandwich boards. • Signs advertising the availability of employment opportunities. • Signs with tag lines, slogans, phone numbers, or service description. • Signs attached, painted on, or otherwise affixed to trees and landscaping. b. For a single Building with more than one establishment opening up to the outdoors: Wall Signs. The Building in which the establishments are located shall be allowed one (1) wall Sign, limited to a Building Identification Sign, not exceeding fifty (50) square feet in Area, for each face of the Building oriented toward the street, In addition, each individual establishment within a Building that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum Frontage of twenty (20) linear feet to the outdoors, shall be allowed the following Signs: • A wall Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of the establishment. • Window Signs not to exceed twenty percent (20%) of the glass area of the window or glass door in which placed; such Window Signs may be painted or attached. The number of such Signs is not limited by these regulations, but aggregate Area shall be included as part of aggregate wall Sign Area, as limited above. • A hanging (as in under an Awning or similar Structure) Sign not to exceed three (3) square feet in Area. 2. Window Signs. Attached signs shall not exceed thirty-five (35%) of the glassed area of the window in which placed. The number of such Signs is not limited by these regulations, but the total areas shall be included as part of aggregate wall Sign Area, as limited above. Only trade names or graphic logos may be used. Store descriptions, advertisements, or tag lines are not permitted. The entire graphic shall be mounted below 48" in height from finished floor and all applied graphics shall be adhered to the interior side of the glass. Painted Signs in the form of artistic murals may be allowed by SAP Permit. 3. Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area; however, such permissible Sign Area may be increased to eighty (80) square feet where maximum projection from the face of the Building is two (2) feet or less; sixty (60) square feet where projection is more than two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. The aggregate Area of such Signs shall be included as part of aggregate wall Sign Area, as limited above. 4. Ground or freestanding Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area for each establishment or for each one hundred (100) feet of street Frontage. Permitted Sign Area may be cumulative, but no .t265Q 3.45.2 f.{24" 80654; l } MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP Sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. c. For outdoor advertising business Signs. Outdoor advertising business Signs shall be permitted as accessory Uses to principal Commercial Uses, and such Signs shall further be limited as follows: 1. Signs shall be wall mounted only on side walls of the existing principal Commercial Structure and shall not be freestanding; 2. Signs shall be limited to one Sign per Structure only; 3. Sign Area shall be limited to no greater than thirty-two (32) square feet; 4. Permissible Sign Area may only be utilized on a Commercial Structure which has the allowable thirty-two (32) square feet of Sign Area unused from the total permissible wall Sign Area for the Structure in question (not counting the twenty (20) square feet of wall Signs allowable per establishment); and 5. Such Signs may either be painted or mounted onto the subject wall. 6.5.3 Limitations on Signs Above a Height of Fifty (50) Feet Above Grade Except as otherwise provided in a specific Transect Zone, the following regulations shall apply to all Signs above a Height of fifty (50) feet above grade: a. Signs shall be limited to the identification of the Building or the name of one (1) major tenant of the Building occupying more than five percent (5%) of the gross leasable Building Floor Area. Not more than two (2) Signs per Building on two (2) separate Building Facades shall be permitted. b. Signs shall consist of individual letters or a graphic logotype, including embellishments such as borders or backgrounds. c. The maximum height of a letter shall be as indicated in the table below. any portion of a Sign over fifty (50) feet but Tess than two hundred (200) feet above grade 4 FEET any portion of a Sign over two hundred (200) feet but less than three hundred (300) feet above grade 6 FEET any portion of a Sign over three hundred (300) feet but less than four hundred (400) feet above grade 8 FEET any portion of a Sign over four hundred (400) feet above grade 6 FEET 265o834>>2.1{24180654;4} MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP d. The maximum height of a logo may exceed the maximum letter height by up to fifty percent (50%) if its width does not exceed its height. When text and a graphic logotype are combined in an inte- grated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal means of Building identification, the following regulations shall apply. any portion of a Sign over fifty (50) feet but less than two hundred (200) feet above grade 200 SQ. FT any portion of a Sign over two hundred (200) feet but less than three hundred (300) feet above grade. 300 SQ. FT any portion of a Sign over three hundred (300) feet but less than four hundred (400) feet above grade 400 SQ. FT any portion of a Sign over four hundred (400) feet above grade 500 SQ. FT 500 SQ. FT e. The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Building wall upon which it is placed, as measured at the height of the Sign. The Sign shall consist of not more than one (1) horizontal line or one (1) vertical of letters or symbols, unless it is determined that two (2) lines of lettering would be more compatible with the Building design. The total length of the two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty percent (80%) of the width of the Building wall. f. Deviations from the maximum size of letter, logotype, length of Sign or number of Signs may be granted by Waiver. g. All Signs higher than fifty (50) feet above grade may be permitted by Warrant and shall be reviewed based on the following guidelines: 1. Signs should respect the Architectural Features of the Facade and be sized and placed subordinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of Sign design problems considered unacceptable. 2. The Sign's color and value (shades of light and dark) should be harmonious with Building materials. 3. In the case of a lighted Sign, a reverse channel letter that silhouettes the Sign against a lighted Building face or the subtle application of illuminated letter returns is desirable. Lighting of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Lighted Signs on unlit Buildings are un- acceptable. The objective is a visual lighting emphasis on the Building with the lighted Sign as subordinate. 4, Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami -Dade County art -in -public places ordinance, shall not be construed as Signage subject to these regulations. 12.05Q 4 i.,2.1.{24l180554;4 } MUAMU21 ARTICLE 5,SPECIFIC TO ZONES DRAFT .AMENDMENTS MIAMU DESIGN DISTRICT RETAILSTREET SAP 6.5.4 Special Area Plan Dir-eGti0nal­-Signaqe Package The Miami Design District Retail Street SAP i nage Packaqe shall serve to beth identify the distriot'o|denhh/.providesafemnddeordineobono|devicaaforviahonointmmndthrouqhUhedistrict.ondcn5uFo that visitors are able to easily navigate the district through the delivery -of information about the Miami Design District Retail Street SAP area, and preserve the character of the surnoundinO community as o unique destination for art, Cu|tuPa, dS8iqn, and fashion in Miami. /\proposed Oineotiona|S/\P Gign@ge PaookmQeff�ay shall a||ovv greater flexibility in sign regulations when- the flexibility results in a higher or specialized quality design. Sign dasigna shalt peeeeP/e4#e-*�amFaG eriadca of the surrounding Gomfnuflity -and onemto package that voinfmrceothe district's identity. ASpecial Area SiqnaqePmohmqernaybeournittedfor either the entirety of the SAP area or for individual blocks. Specific aiQn standards may be exceeded for various aiqn types. A SAP 8|qnaqe PaokeQe subnnitta|, at e rnininnWrn, aho|| include the fo|oxvinq: (i) o plan view of each block indicatinq the location of each siqn type and (ii) the specifications of each siqn type. A\Directional SAP @iQnmqe Pmackage for the Miami Design District Retail Street SAP -shall require approval by SAP Permit. Upon approval of SAP Siqnmqe Packaqe by SAP Pe[nlit, all siqnavvhioh conform to the standards set forth therein shall not require an individual GAP Pernnit, and aho|| be permitted if in compliance with the Florida | This page has been intentionally left blank. I Q(5508345�2 � f2,1,1804" MUAMU21 ARTICLE 7` PROCEDURES AND NONCONFORMITIES K�����-��������� U���U � U ��������P DRAFT~~.~. ~� �~.� ...~~~.. ~.~~.~.~~.~ ~~~~..~,~. .~-..~� ~~..~~.-. ~~~ ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.2 Pen -nits The permits that may be necessary to develop property within the Miami Design District Retail Street SAP area include the following: Warrant; Waiver; Exception; Variance; SAP Permit; and amendment to the Miami Design District Retail Gtnae{ GAP. The permits, with the exception of the GAP Pe0nb' are illustrated in Article 7, Diagram 14. In addition, certain approvals may be necessary to confirm that Uses are permitted under the Code' these include zoning approval (by righU, certificate of use, planning determination, or zoning interpretation. Permits issued in error shall convey no rights to any party. The Zoning Administrator shall require corrections to be made unless construction has commenced on that portion of the construction that was permitted inerror. 7.1.2.10 Miami Design District Retail Street SAP Permit a. SAP Permit. The GAP Permit authorizes the Development of Structures or Uaaa within the Miami OeoiQn [)|ath{t Retail Street 8/\P area foUovv|nO review of the proposed daekln or Use by the P|onniOO Director. [)eoiqn conditions or Uses PequirinO approval by SAP Permit are described in the various articles of the Miami [}eaiqn District Retail Street 8AP, and are referenced here only for convenience. The specific parameters of each GAP Permit are further described in the articles in which each SAP Permit appears inthe Code. 1. Arcades, Galleries, and Cantilevers in T4. T5. and T8 (Article 5, Section 5.4.2.b. 5.5.2.b` and 5.O.2.b). 2. Encroachment of closed stair and open balconies above the »m floor for TO-12 Lots west of NE 1°Avonue o rOaxi[Ounl of five (5) feet into the required Setback (Article 5, 8acd0n 3. Habitable 8t0he8 above Arcade and Cantilevered BUi|diOqS in T4. T5, and T0 (Article 5` Section 5.42.b. 5.5.2.b. and 5.6.2.b). 4. Open, buffered Loadinq fnrTO'12 Lots located west of NE 1"Avenue (Article 5. Section 5.O.3.fl. 6. Sinqle Establishment within a Buildinqs - painted Siqns in the form of artistic murals (Article 6, Sec. 6.5.2.5.o.2). 7. Buildinq with more than one establishment - painted Siqns in the form of artistic murals (Article 8. Sec. 6.5.2.5b.2). 1 lz^ vn3o,2}<o,1««*" MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES DRAFT - AMENDMENTS MIAMI DESIGN DISTRICT RETAIL STREET SAP 8. Architectural or artistic signage treatment where tenant logo or any letter, numeral, character figure or emblem in excess of fifty percent (50%) of the area of the Building Facade (Article 6, Sec. 6.5.2.5.a.5). 9. Directional SAP Signage Ppackage approval (Article 6, Section 6.5.4). b. SAP Permit review and approval process. All Development of Structures or authorization of Uses within the Miami Design District Retail Street SAP area permitted a SAP Permit shall be reviewed and approved as set forth below. 1. Review and approval proces. 1. Applications for SAP permits shall be made on forms provided by the city and, in addition, shall be accompanied by any information reasonably deemed necessary by the Planning Director to render a decision on the subject application. The Planning Director shall review each submitted application for a SAP Permit for completeness. Unless a Building was specifically approved as part of the Special Area Plan, all Buildings shall be reviewed by the Planning Director, after referral for recommendation to the Coordinated Review Committee (CRC) for conformance to the Plan, prior to the issuance of the Building Permit, consistent with the requirements of Sec. 3.9.1.g of this Code. All applications for Uses within the Miami Design District Retail Street SAP authorized by the SAP Permit shall be reviewed by the Planning Director without need for referral to the CRC. 2. Where there is no referral to the CRC, the Planning Director shall issue a notice of an intended decision within twenty-one (21) calendar days of a determination that the SAP Permit application is complete. Where there is a referral to the CRC, the Planning Director shall issue a notice of an intended decision within fifteen (15) calendar days of the meeting date of the CRC. The applicant shall have seven (7) calendar days from receipt of the notice of the intended decision to request a conference with the Planning Director to discuss revisions or provid additional information regarding the application. Within ten (10) calendar days of the conference, or if no conference is requested within ten (10) days of the notice of the intended decision, the Planning Director shall issue his decision with written findings and determinations regarding the applicable criteria set forth in this section and any other applicable regulations as they relate to the application. The applicant and the Planning Director may mutually agree to an extension of time for the issuance of the final decision. . 2.(50...45.>2.4.424480654;1; MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES DRAFT - July 5, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP The findings and determinations shall be used to approve, approve with condition, or deny the SAP Permit application. s3. The Planning Director shall approve, approve with conditions, or deny the SAP Permit application. Approvals shall be granted when the application is consistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and the terms of the accompanying Development Agreement. Conditional approvals shall be granted when the application requires the imposition of conditions in order to be consistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and the terms of the accompanying Development Agreement. Denials of applications shall be issued if, in the estimation of the Planning Director, conditions and safeguards have been considered and the application is still found to be inconsistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and the accompanying Development Agreement. The decision of the Planning Director shall include an explanation of the code requirements for an appeal of the decision. The Director shall include a citation of the legal authority supporting the denial of an SAP Permit application. c. SAP Permit Review Criteria. A SAP Permit shall be approved if the application is consistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and its accompanying Development Agreement. The Planning Director shall further consider the criteria set forth in Table 12 of Article IV where appropriate. d. SAP Permit Appeal to the Planning, Zoning and Appeals Board. The SAP Permit applicant may appeal the determination of the Planning Director within fifteen (15) calendar days of the issuance of a final decision. Appeal of the determination of the Planning Director shall be filed with the Office of Hearing Boards and shall be heard de novo by the Planning, Zoning and Appeals Board. The Board shall determine whether to affirm or reverse the determination of the Planning Director. Should the Board choose to reverse the determination of the Planning Director, where the Planning Director previously denied the SAP Permit, the Board may approve the permit as requested by the applicant or approve with conditions and safeguards necessary to ensure the SAP permits consistency with the Comprehensive Plan, the Miami Design District Special Area Plan, and the terms of the accompanying Development Agreement. The SAP Permit applicant may appeal the ruling of the Planning, Zoning and Appeals Board to the City Commission within fifteen (15) calendar days of the issuance of its ruling. Such appeals shall be filed with the Office of Hearing Boards and shall be considered de novo by the City Commission. The City Commission shall determine whether to affirm or reverse the ruling of the Board. The filing of all appeals shall state the specific reasons for such appeal and shall be made on forms designated by the Office of Hearing Boards together with the payment of any required fee(s). 7.1.2.11 Modifications to the Initial Development Program Uses, and their respective Intensities or Densities, indicated on pace A1.9 of the Concept Book are the Principal Uses currently envisioned for development on each specific parcel. However, the (.2f f3 i:f..4a294E1.1 }..}. MIAMI 21 ARTICLE 9. LANDSCAPE REQUIREMENTS )RAFT - MAY 21, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP Densities and Intensities listed therein may be redistributed to any Lot or parcel within the Miami Design District Retail Street SAP area, subject always to the Density and Intensity limits of the underlying Transect. Notwithstanding the Densities and Intensities listed on pace A1.9 of the Concept Book, future development within the Miami Design District Retail Street SAP may exceed such specified Densities and Intensities in aggregate by 10°/0 without need for further administrative review. Any proposed development within the Miami Design District Retail Street SAP which exceeds the Densities and Intensities specified on page. A1.9 of the Concept Book by more than 10°A in aggregate may be approved by process of Exception, subject at all times to the maximum Densities and Intensities permitted by the underlying Transect designation of a particular Lot or parcel. I .12.65.Q...34.5.2.1.+24-52940.1-4+ This page has been intentionally left blank, I ,j 2,h5Q.$: 4.5:,11.12=432 14 MIAMI 21 ARTICLE 8. THOROUGHFARES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP 8.2 Illustration: The Thoroughfare across the Transect INFORMAL LANDSCAPE AT SUB -URBAN AREAS CURB ENDS IN SUB -URBAN AREAS UNMARKED, NON -METERED PARKING LANE IN RESIDENTIAL AREAS FRONTAGE SETBACKS INCREASE AS MOVE FROM URBAN TO SUBURBAN AREAS TREE PLANTING STRIPS FOR LESS URBAN CONDITIONS CENTER STRIPE IN URBAN AREAS METERED PARKING IN COMMERCIAL AREAS METERS AND OTHER VERTICAL ELEMENTS ALIGNED NEATLY WITHIN VERGE TREE PLANTERS LARGE TO ALLOW MAXIMUM WATER PERCOLATION PAVE ENTIRE WIDTH FOR MIXED USE AREAS AND/OR HIGH PEDESTRIAN TRAFFIC AREAS INCREASE RIGHT OF WAY TO ALLOW A MINIMUM PEDESTRIAN AREA OF 10' CLEAR PAINTED CROSS WALK MORE RURAL MORE URBAN MIAMI 21 ARTICLE 8. THOROUGHFARES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP 8.3 Public Frontages (continued) PLAN LOT R.O.W. PRIVATE FRONTAGE PUBLIC FRONTAGE a. (HW) For Highways: This Frontage has open swales drained by percolation, bicycle trails and no park- ing. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms. b. (RD) For Roads: This Frontage has open swales drained by percolation and a walking path or bicycle trail along one or both sides and yield parking. The landscaping consists of multiple species arrayed in naturalistic clusters. c. (ST) For Street: This Frontage has raised curbs drained by inlets and sidewalks separated from the vehicular lanes by individual or continuous planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee. d. (DR) For Drive: This Frontage has raised curbs drained by inlets and a wide sidewalk or paved path along one side, related to a greenway or waterfront. It is separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee. e. (AV) For Avenues: This Frontage has raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by a narrow continuous planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced allee. f. (ST) (AV) For Mixed Use Streets or Avenues: This Frontage has raised curbs drained by inlets and very wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible. g. (BV) For Boulevards: This Frontage has slip roads on both sides. It consists of raised curbs drained by inlets and sidewalks along both sides, separated from the vehicular lanes by planters. The landscaping consists of rows of a single tree species aligned in a regularly spaced allee. j• w T6 I • T6 m T6 D w T6 Note: Appropriate types for Civic Zones shall be determined based on context and abutting Transect Zones. MIAMI 21 ARTICLE 8. THOROUGHFARES AMENDMENT 2013 MIAMI DESIGN DISTRICT RETAIL STREET SAP 8.4 Illustration: Sidewalks (continued) 60' MIN RAM P 1:12 MAX FLUSH RAMP 1:12 MAX � FLUSH Garage Entrance Spacing Service Entrance Drive RAMP 1:12 MAX FLUSH VIII.10 This page has been intentionally left blank, I ,j 2,h5Q.$: 4.5:,11.12=432 14 MIAMI 21 ARTICLE 9. LANDSCAPING REQUIREMENTS DRAFT - JULY 5, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP 9.5 MINIMUM STANDARDS The following standards shall be considered minimum requirements unless otherwise indicated: 9.5.3 TREES a. Tree Size All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minimum caliper or diameter at breast height (DBH) of two (2) inches at time of planting, except that thirty (30) percent of the tree requirement may be met by native species with a minimum height of ten (10) feet and a minimum caliper of one and one-half (1 1/2) inches at time of planting. b. Street tree size and spacing Street trees shall be of a species typically grown in Miami -Dade County which normally mature to a height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this Article. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department. Street trees planted along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where present within seven (7) feet of the sidewalk. c. Power lines Where the height and location of overhead power -lines requires the planting of low growing trees, street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one-half (11/2) inches at time of planting, and shall meet the following requirements: 1. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees or tree/shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of four (4) feet. 2. A maximum average spacing of twenty-five (25) feet on center. 3. Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines. 4. Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual. .j 2 (i 0 : 452, F2.4 294ii.1..}..}. MIAMI 21 ARTICLE 9. LANDSCAPING REQUIREMENTS DRAFT - JULY 5, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP 9.5.5 MINIMUM NUMBER OF TREES The minimum number of required trees, in addition to street trees, is referenced in Table A. Within the Miami Design District Retail Street SAP, where the trees provided exceed the minimum caliper or DBH requirements set forth in Sec 9.5.3.a and 9,5.3.b, the total number of required trees may be reduced, so long as, at the time of planting, the total minimum caliper or DBH provided is equal to or greater than the total minimum caliper or DBH for the number trees required in Table A and Sec. 9.5.3.b at the time of planting. TABLE A Zoning District Number of Trees Required Maximum Lawn Area Per Acre of Net Lot Area Per Lot Percent of Req. Open Space Sub -Urban T3-R 3 50% T3-L 3 50% T3-0 3 50% Urban General T4-R 28 60% T4-L 28 60% T4-0 28 60% Urban Center T5-R 22 20% T5-L 22 20% T5-0 22 20% Urban Core T6-R 22 20°l0 T6-L 22 20% T6 -0 15 20% District Di 22 20% D2 15 20% D3 15 20% Civic CI CS N/A N/A 1265O8345:21{-2 O}-I;l } MIAMI 21 ARTICLE 9. LANDSCAPING REQUIREMENTS DRAFT - JULY 5, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP *Requirements determined by most restrictive abutting Transect Zone Where a conflict exists, the requirement imposing the higher standard shall apply. a. Urban Center and Urban Core Transect Zones. In Urban Center or Urban Core Transect Zones, if the minimum number of trees required cannot be reasonably planted on the ground level of the subject property, the applicant may plant twenty-five percent (25%) of the required trees on upper levels such as open recreation areas or exposed decks. b. Off -site tree planting. If the minimum number of trees required cannot be reasonably planted within the Miami Design District Retail Street SAP Area, the applicant may enter into an agreement with the city, as approved by the department, to plant the excess number of required trees on public property in the following order of priority: (i) elsewhere within Design District; (ii) within one (1) mile of the Design District; or (iii) within any City park; or (iv) at any location within the City approved by the Planning Department. c. Tree trust fund. If the minimum number of trees required cannot be reasonably planted on the subject property, but as an alternative to the off -site tree planting option provided in subsection 9.5.5.b, the applicant shall contribute into the city's tree trust fund the sum of one thousand dollars ($1000.00) for each two (2) inch caliper tree required in accordance with Table A of section 9.5.5, A city resident with current proof of residency and homestead status shall contribute five hundred ($500.00) for each two (2) inch caliper tree required in accordance with Table A of section 9.5.5. d. Grassed areas that are to be used for organized sports such as football and soccer or other similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted toward calculating tree and maximum lawn area requirements. e. Trees shall be planted to provide shade to residential structures of a height of thirty-five (35) feet or less. At least two (2) required lot trees shall be positioned in the energy conservation zone as defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs as referenced in the Landscape Manual. f. Palms of a fourteen (14) foot minimum overall height and minimum caliper of three (3) inches at time of planting shall count as a required tree on the basis of two (2) palms -per tree, except as provided herein for palms used as of street trees. No more than thirty (30) percent of the minimum tree requirements shall be palms. g• Existing trees required by law to be preserved on site and that meet the requirements of Section 9.5.3, may be counted toward fulfilling the minimum tree requirements. h. Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree require- ments. Prohibited trees shall be removed from the site after obtaining approval of a tree removal permit. No less than thirty (30) percent of the required trees and/or palms shall be native species. No less than fifty (50) percent of the required trees shall be low maintenance and drought tolerant species. k. Eighty (80) percent of the trees shall be listed in the Miami -Dade Landscape Manual, the Miami - Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list. 126508345;2}12452940I;1-} MIAMI 21 ARTICLE 9. LANDSCAPING REQUIREMENTS DRAFT - JULY 5, 2012 MIAMI DESIGN DISTRICT RETAIL STREET SAP I. In order to prevent adverse environmental impacts to existing native plant communities, cabbage palms (Sabal palmetto) that are harvested from the wild shall not be used to satisfy minimum land- scaping requirements. Only existing cabbage palms (Sabal palmetto) which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements. m. When trees are planted within the right-of-way, the owners of land adjacent to the areas where street trees are planted must maintain those areas including the trees, plants and sod, using pruning methods specified in this Code. A covenant executed by those owners is required, or a special taxing district must be created to maintain these areas. Where the State, County or municipality determines that the planting of trees and other landscape material is not appropriate in the public right-of-way, they may require that said trees and landscape material be placed on private property. n. Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. 26508345.21121529401; I ) MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN AMENDMENT acrm ,AF1 DS 66.772 MIAMI DESIGN DISTRICT ASSOCIATES / DUANY PLATER-ZYBERK & COMPANY, LLC Miami Design District Retail Street Special Area Plan Project Team List & Index of Drawings PROJECT TEAM Applicant Team Leader: Miami Design District Associates 3841 NE 2nd Avenue Miami, FI. 33137 Program Manager: Coastal Construction 5959 Blue Lagoon Drive, Suite 200 Miami, Florida 33126 Master Planner: Duany Plater-Zyberk & Company, LLC 1023 SW 25th Avenue Miami, FL 33135 Traffic Engineer: Kimley Horn and Associates 5200 NW 33rd Avenue Ft. Lauderdale, FL 33309 Parking Consultant: Walker Parking Consultants 6602 E 75th Street, Suite 210 Indianopolis, IN 46250 Lighting Design: Speirs and Major 11 - 15 Emerald Street London WC1 N 3QL Landscape Consultant: Island Planning Corporation 248 Washington Ave #D Miami Beach, FL 33139 Signage: RSM 160 Avenida Cabrillo San Clemente, CA 92672 Architect: Aranda\Lasch 212 Forsyth Street New York, NY 10002 Architect: Keenen Riley 3841 NE 2nd Avenue, Suite 400 Miami, FL 33137 Architect: SBA 2333 Ponce de Leon Blvd, Ste 1000 Coral Gables, FL 33134 Parking: Timothy Haas & Associates 500 Township Line Rd, Ste 100 Blue Bell, PA 19422 DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS DRAWING INDEX Project Team List & Index of Drawings Section A.1: Overall Site Information A1.1 Location in the Region A1.2 Surrounding Neighborhoods A1.3 Site Photos A1.4 Special Area Plan Properties A1.5 Special Area Plan Properties A1.6 Existing and Proposed Future Land Use Maps A1.7 Existing and Proposed Zoning A1.8 Existing Conditions A1.9 Illustrative Master Plan A1.10 Open Space/Civic Space Diagram A1.11 SAP Infill / Proposed Uses by Floor A1.12 Proposed Uses by Floor A1.13 Proposed Uses by Floor A1.14 Block Key Plan Section A.2 - Thoroughfares and Circulation A2.1 Proposed Frontages A2.2 Parking Management Program A2.3 Adaptive Use Buildings A2.4 Vehicular Circulation Diagram A2.5 Transit & Bicycle Routes A2.6 Thoroughfares A2.7 Thoroughfares A2.8 Sequence of Pedestrian Passage A2.9 Sequence of Pedestrian Passage A2.10 TOD and Proposed Streetcar Route c(i�itZl.�l.l f� i1Gttfit -7,q4kAL. Section A.3 - Examples and Illustrations A3.1 Palm Court Conceptual Renderings A3.2 Eastern Gateway / Pedestrian Passage Studies A3.3 Pedestrian Passage Conceptual Studies A3.4 NE 42nd Streetscape Study A3.5 NE 38th and NE 42nd Street Elevation Studies A3.6 Recladding Studies for Buena Vista Building A3.7 Cross Block Connection Conceptual Studies A3.8 Hypothetical Retail Streetscape at 30% Glazing A3.9 High End Urban Retail Examples A3.10 NE 2nd Avenue and NE 41st Street Studies Section A 4 - Landscape and Views A4.1 Landscape Master Plan A4.2 Sample of Tree Locations A4.3 Conceptual Streetscape Views A4.4 Case Study: NE 40th Street - Facing North A4.5 Case Study: NE 40th Street - Facing South A4.6 Conceptual Studies for Central Streets A4.7 Conceptual Birdeye View, indicating Green and Treed Roofscape A4.8 Green Wall and Roof Examples A4.9 Ambient and Direct Lighting Examples A4.11 LEED ND Checklist AMENDMENT 05.16.13 33 A.0 3 Section A.1: Overall Site Information -47 %41140 ram, nGu %C c_- Miami Design District Retail Street Special Area Plan DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS mia,i4d h Paul -2 ,IL. re GILL 3 Location in the Region I+1. Miami Design District 2. Bal Harbor 3. Village of Merrick Park 4. Lincoln Road Mall 5. Miami International Airport AMENDMENT 05.16.13 A1.1 Miami Design District Retail Street Special Area Plan D U A N V PLATER - Z Y B E R K & COMPANY ARCHITECTS AND TOWN PLANNERS ttiveadh P1 -z(i AMENDMENT 05.16.13 Site Photos A1.3 Miami Design District Retail Street Special Area Plan Map # Building Name Address Lot Area (Miami Dade property listing) 1 LaVerne 90 NE 39th Street 13,650 2 Elektra 100 NE 39th Street 105 NE 38th Street 3801 NE 1st Avenue 3821 NE 1st Ave 3801 NE 1st Ave 27,990 3 Rothman 108 NE 39th Street 4,700 4 Palm Lot 140 NE 39th Street 45,925 5 Booth 3821 NE 1st Court 9,672 6 Booth 3821 NE 1st Court 14,709 7 Buena Vista 180 NE 39th Street 46,442 8 Buick 3841 NE 2nd Avenue 29,381 9 Tuttle (South) 3725 Biscayne Blvd 77,049 10 Tuttle (North) 299 NE 38th Street 24,290 11 Norwegian Wood 92 NE 40th Street 7,500 12 Casa/ Lady Jane 99 NE 39th Street 9,400 13 JBL 101 NE 39th Street 100 NE 401h Street 108 NE 40th Street 17,078 14 Hale Daniel 119 NE 39th Street 4,982 15 Oak Plaza Collins 139 NE 39th Street 14,100 16 Oak Plaza -Loggia 163 NE 39th Street 4,700 17 Oak Plaza-KVA 150 NE 40th Street 4,500 18 Oak Plaza-Twery 160 NE 40th Street 154 NE 40th Street 5,500 19 Thomas Maier 170 NE 40th Street 5,000 20 Melin 3930 NE 2nd Avenue 30,256 21 Newton 201 NE 39th Street 9,876 22 Asi-Museum Village 81 NE 40th Street 7,500 23 Suttin/ Lovely Rita 95 NE 40th Street 10,000 24 Rosen 151 NE 40th Street 5,000 25 Mosaic/ Chatham 155 NE 40th Street 12,500 26 Moore -Garden Lounge 175 NE 40th Street 4,735 27 Moore Building 4040 NE 2nd Avenue 30,186 28 Asi- Museum Village 34 NE 41st Street 5,250 29 Asi- Museum Village 42 NE 41st Street 5,250 3o Asi- Museum Village 56 NE 41st Street 5,250 DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNER 5 Special Area Plan Properties Map Building Name Address Lot Area 31 Asi- Museum Village 60 NE 41st Street 10,500 32 Asi- Museum Village 80 NE 41st Street 5,250 33 Asi- Museum Village 84 NE 41 st Street 5,250 34 Asi- Museum Village 90 NE 41st Street 5,250 35 Moore 140 140 NE 41st Street 5,250 36 Mosaic (Lot) 144 NE 41st Street 5,250 37 Rosen (Lot) 150 NE 41 st Street 5,000 38 Palmer Building 158 NE 41st Street 7,350 39 Asi 53 53 NE 41st Street 5,250 40 Asi 61 61 NE 41st Street 7,875 41 Moore 77 77 NE 41 st Street 7,875 42 Moore 115 115 NE 41st Street 12,029 43 Scarlet Begonia 135 NE 41st Street 6,300 44 Church (FCAA) 150 NE 42nd Street 66,625 45 4100 / Lee 4100 NE 2nd Avenue 20,868 46 4141 4141 NE 2nd Avenue 96,268 47 4200 4200 NE2ndAvenue 5,100 48 Flagler 4218 NE 2nd Avenue 15,200 49 4240 4240 NE 2nd Avenue 5,350 50 City Garage 3800 NE 1st Ave 31,521 51 Sebastian 35 NE 38th Street 9,500 52 Spear 3815 NE Miami Court 5,037 53 Always Flowers 50 NE 39th Street 6,230 54 Lidia 30 NE 39th Street 6,756 55 Lidia 3840 NE Miami Court 4,896 56 Lidia 3825 N Miami Avenue 14,434 57 Marcy 3852 N Miami Avenue 11,400 58 Marcy 20 NW 39th Street 5,000 59 Marcy 28 NW 39th Street 5,000 60 Madonna 3900 N Miami Avenue 11,400 61 Madonna 21 NWO 39th Street 5,000 62 Uptown Girl 4100 NE 1st Avenue 5,860 63 Tiny Dancer 4039 NE 1st Avenue 5,250 7/Uhca, 1 P1cct 4 Approved Lots New Lots Adaptive Usgkots,-S,g„e A2.3 Approved Lot Area: New Lot Area: Total SAP Lot Area: AMENDMENT 05.16.13 831,232 sf or 19.08 acres 86,263 sf or 01.98 acres 917,495 sf or 21.06 acres A1.4 Miami Design District Retail Street Special Area Plan Special Area Plan Properties Approved Lots nNew Lots 401h STREET co �19��90 MEET co ®�Ci EXPRESSWAY 1-195 DUANY PLATER-ZVBERK & COMPANY ARCHITECTS AND TOWN PLANNERS m m m 4 m m N.E. 40th STREET 0 N.E. 36th ST m 0 I0J m N_B l `IIIr_ O 4 m m 00th STREET 36 STREET EXPRESSWAY I-195 N.B. DESIGN BLVD. ti a,W P/c -2ri . • _ i a z i 36113 ST. EXPRESSWAY AMENDMENT 05.16.13 HP"' r-YIRDS A1.5 Miami Design District Retail Street Special Area Plan Existing Future Land Use Map DupiexResidental DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS MiaAGU-1 Existing and Proposed Future Land Use Maps Proposed Future Land Use Map AMENDMENT 05.16.13 CITY OF VIAMI f::".VIROS ,. , c••?_0_,_t PLinnIng atm. ir A1.6 Miami Design District Retail Street Special Area Plan Existing and Proposed Zoning Existing Zoning 11 _LiI__�I1 T3_0 �D r r T4- 0 T4-0 T5-0 T6-8-0 r---I �T6-,12 r0 T5-0 T6-12-0 CI CI 1 Proposed Zoning I I I J� 1L ro lll? 1 T4-0 �If' T3-0 4- T5-O T6-8-0 .. T6-112 f0 112 112 11 i T6-12-0 11 T6.24-0 CI Il C1 T6-24 - T6-12 T6-8 T5 T4 T3 Civic -Institutional Established Setbacks ..._... DUANY PLATER—ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS CI T5-0 i CI T6-12-0 T6-12-0 AMENDMENT 05.16.13 _i T6,24.0 T6-24-0 T6-24-0 T6-24 T6-12 T6-8 T5 T4 T3 Civic -Institutional Established Setbacks ... . A1.7 Miami Design District Retail Street Special Area Plan DUANY PLATER—ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS ttiza st, Piaui -it,6442L_ Existing Conditions AMENDMENT 05.16.13 CITY OF MLAMI HP.+.; ':; F'?ARDS 3SNC7Ed) ri. . //• /3 er A1.8 Miami Design District Retail Street Special Area Plan Existing and Proposed Development, by Principal Use* 1. Proposed Department Store sf 2. Proposed Retail sf A SAP Adopted Develop- ment Capacity 143,280 318,342 3. Retained Retail/ 490,096 Commercial 4. Proposed see below Hotel 5. Proposed Residential Above Retail 6. Proposed Garages with Retail 7. Proposed City Garage TOTAL sf 951,718 B C D (=A+B+C) SAP SAP Proposed Adopted New Develop - properties, properties ment new with new Capacity for Develop- Develop- Adopted and ment ment New Capacity. Capacity properties 305,499 117,472 see below see below 143,280 (400,000 allowed) 741,313 490, 096 see below 305,499 117,472 1,374,689 The below are calculated by unit and are not included in the above total. 4. Proposed 53 keys -1 key 0 keys 52 keys Hotel 5. Proposed Residential Above Retail 7. Proposed City Garage 8. Existing LiveNVork 72 units 24 units 3 units 358 units -24 Units 3 units 131 units 0 uints 0 units 561 units 0 units 3 units 'The above -listed program represents the initial program envisioned for the Miami Design District Retail Street Special Area Plan (the "SAP") area. Uses indicated on this page are Principal Uses currently envisioned for development on each specific parcel and are subject to future change consistent with the Use limitations set forth elsewhere in this SAP. The development program may be increased consistent with the requirements set forth in Art. 7 of the SAP Regulating plan. However, in no event shall any development in excess of the above -outlined program exceed the intensity and density limitations set forth in either the City of Miami Comprehensive Plan or the base transect designation, as modified by the SAP, for each parcel. D U A N Y PLATER — Z Y R E R K & COMPANY ARCHITECTS AND TOWN PLANNERS 2ttat i.-i A - CITY OF r"^ren ARDS Illustrative Master Plan AMENDMENT 05.16.13 A1.9 Miami Design District Retail Street Special Area Plan Open & Civic Space Open Space Civic Space Open & Civic Space - Diagram of Potential Locations Civic Space shall be 5% of total new Building Lot Area. It may be concentrated at Plazas as indicated or included in the Pedestrian Passage, Courtyard or Green Civic Space types, as defined by the Code and designed into the master plan. Open Space beyond the Civic Space requirements may count towards Open Space requirements. Open and Civic Space will be calculated in aggregate. Please see the Miami Design District Retail Street SAP Code language for specific requirements. A companion spreadsheet is provided to help track aggregate quanities as the project is realized. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS AMENDMENT 05.16.13 CITY OF MAN NE •' ; COARDS rIDL VIEW A1.10 Miami Design District Retail Street Special Area Plan SAP Properties 11111 SAP Properties Existing (non - SAP) Properties DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS (qunoo) 3AV iweiW N Proposed Uses by Floor Underground Parking 1-195 Please see Parking Management Standards in Section A.2 for additional parking locations. This diagram indi- cates only the likely locations of sub-terranean parking. Parking Department Stores Retail/Commercial orgy a:7 P.10111 c-,nano Restaurants )13 Lodging lisN°/.0 Residential AMENDMENT 05.16.13 A1.11 Miami Design District Retail Street Special Area Plan Open & Civic Space Open Space min = 41,566 sf MI Civic Space min = 31,974 sf Open & Civic Space - Diagram of Potential Locations Civic Space shall be 5% of total new Building Lot Area. It may be concentrated at Plazas as indicated or included in the Pedestrian Passage, Courtyard or Green Civic Space types, as defined by the Code and designed into the master plan. Open Space beyond the Civic Space requirements may count towards Open Space requirements. DUANY PLATER-ZVBERK & COMPANY ARCHITECTS AND TOWN PLANNERS :zaat,it rlatt i AMENDMENT 05.16.13 A1.10 Miami Design District Retail Street Special Area Plan SAP Infill Properties NE 42nd ST NE 41st ST NE 40th ST NE 39th ST NE 38th ST SAP Infill Properties Existing Properties DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS Proposed Uses by Floor Underground Parking J ji, Please see Parking Management Standards in section 2 for additional parking locations. This diagram indi- cates only the likely locations of sub-terranean parking. AMENDMENT 05.16.13 Parking - Department Stores Retail/Commercial Restaurants Lodging - Residential A1.11 Miami Design District Retail Street Special Area Plan Floor 1 Floor 2 11 NE 42nd ST • ■ NE42ndST - MEM NE 41stST( - ) bir o= Mt Mr O 1 S~ � 3 m r NE40th ST CI m 'ff. ^�p Dnm°1 ! 'INE 39th ST -�m'E 391hs _ om 075,15ir < Z z m o n o NE3&h ST LtTy Proposed Uses by Floor NE 38th ST I - 195 DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS 1-195 CITY OF PRAM BOARDS FLfiDv7EW �,a �kAl3 tio,-0) G io;%9 AMENDMENT 05.16.13 Parking Department Stores Retail/Commercial Restaurants Lodging - Residential Retail Frontage A1.12 Miami Design District Retail Street Special Area Plan NE 42nd ST(/: -) NE41st ST i', m NE 40th ST() l NE 391h ST (( r. NE 38th ST ())L i'-j I Floor 3 I- 195 DUANY PLATER-ZYIQERK & COMPANY ARCHITECTS AND TOWN PLANNERS m m • • MI r VA-14A act P1c t 4 -Z1c_ Proposed Uses by Floor Floors 4 + AMENDMENT 05.16.13 Parking MI Department Stores Retail/Commercial Restaurants Lodging NM Mixed Use A1.13 Miami Design District Retail Street Special Area Plan Block Key Plan Block Key Plan , BLOCK 2 WEST BLOCKI WEST A I Note: This Block Key Plan is included in the SAP only to aid where any references in the Code or the Development Agreement refer to a specifically named block. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS VA2GL,61, I VlaVA AMENDMENT 05.16.13 A1.14 Section A.2 - Thoroughfares and Circulation Miami Design District Retail Street Special Area Plan Block Key Plan RIIIEST sis STREET EXPRESSWAY sT Block Key Plan '® CIZZI CEEB 36 EXEMPT LRTRF SE. WAS Note: This Block Key Plan is included in the SAP only to aid where any references in the Code or the Development Agreement refer to a specifically named block. Please refer to page A1.4-A1.5 of the Concept Book to identify parcels within the Miami Design District Retail Street SAP. DUANY PLATER-ZYRERK & COMPANY ARCHITECTS AND TOWN PLANNERS 9Gizas+it P� AMENDMENT 05.16.13 crN OF PMAMI RF_AI :,..; HOARDS ruC,t�o'JE7N A1.14 Proposed Frontages Miami Design District Retail Street Special Area Plan NE 42nd ST (City) NE 41 st ST (City) NE 40th ST (City) NE 39th ST (City) NE 38th ST (City) z D m z m m mm n z m n 2 I/ 1 1 - L. 1 D U A N Y PLATER - Z Y B E R K & COMPANY ARCHITECTS AND TOWN PLANNERS fitiutArin P1ca-7-riC444c._ CI..`^PIVAI r9 r ,ARDS Principal SAP Frontage Secondary SAP Frontage - Pedestrian Passage Frontage Dashed suggests Frontages for non -owned parcels, where the pattern may not already be clear. AMENDMENT 05.16.13 A2.1 Miami Design District Retail Street Special Area Plan Parking Management Program N., - �_�. NE41stST (,i \ 0 1 1st „I 831 z Z M t m r K - �J ...,%4 t ,1„, \7--JJ) m --1 ,f1 //////////////////.I NEa 6i co Ia)L___, co 875 Properties with associated parking added as part of the Amendment process. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS tiut,W h Pict A A B C D= A+B+C Parking for Existing Adopt- New Antici- Antici- and Adaptive Use ed SAP SAP pated pated Parking Parking Rede- Totals Buildings* velop- ment Existing Under- 168 168 ground Dacra- owned spaces Existing other 190 +164 -186 168 Dacra-owned spaces FEC-owned 23 23 spaces, leased by Applicant City -owned 85 85 spaces, leased by Applicant I I CAI Total Existing Parking 466 +164 -186 444 On -Street Pkg Proposed Parking* New Structured Parking Summary* E Anticipated Parking Provided F Anticipated 1,054 +1,734 Parking Required L 2,105 +240 +240 +963 3,068 2,571 +1,367 -186 3,752 TOTAL Anticipated =(E-F) Surplus i 1,517 -367 2,866** { -186 866 * All numbers may be subject to change and will be tracked with an interactive spreadsheet, debiting usage from the total parking pool. CITY OF MIAMI HEAP'A ; BOARDS PLLLI ' 4SAv w Source: Timothy Haas & Associates eo,n, . „/wo 13 447YYJ) 63AMENDMENT 05.16.13 A2.2 Miami Design District Retail Street Special Area Plan STREET ESSWAY Adaptive Use 591�58 7 Via\ 0 ©° 0 o ) 0 0 0 0 0 0 N.E. 600 STREET 0 N.E. N.O. 43rd STREET a) 0 0 41st STREET 0 0 0 0 • 27 N.E. 401h STREET g\ ; 171 81 19 • 0 �9§L - STNEEI 0 0 i\ 36 STREET EXPRESSWAY 1-195 z Adaptive Use Buildings e U 3611i ST. EXPRESSWAY Note: Parking demand for Adaptive Use buildings has been accommodated in the anticipated parking totals. Separate parking calculations and/or studies shall not be required for permitting purposes as long as new uses comply with Adaptive Use as defined in the development agreement. D U A N Y PLATER - Z Y B E R K & COMPANY ARCHITECTS AND TOWN PLANNERS AMENDMENT 05.16.13 NI"1 I "AROS A2.3 Miami Design District Retail Street Special Area Plan Vehicular Circulation Diagram Entering Traffic Exiting Traffic 1 1 s 4.4 11 iliII _, 1 1 lit - J 1— J 1 1 1 4.1 I 1 1 1 . — 1 1 1 l + I I 010- L T 1 I mis ♦ f — Entering Traffic (buildings) —� Entering Traffic (surface) Entering Traffic (Highway) Actual entries and exits may be adjusted as plans develop. D U A N Y PLATER - Z Y B E R K & COMPANY ARCHITECTS AND TOWN PLANNERS I I 1 i pir 1 J 1 I 1 1 I 1 1 1 ♦ I ♦ 1 1 L NE Clot Si NE 90In Si 4 a� O.. Exiting Traffic (from buildings) Exiting Traffic (Surface) Exiting Traffic (Highway) �f tiza, t r1aG4 -Z _ ♦ Z 1 1 1 7 W r Q T T CITY OF B^.1RMI 07.;' •: ; ecnac FL'.A: sl:::V1EW D`)il3 F/r 4?P7 ) ri,mi / ..///G- /9 By_ INFORMATION PPROVIDED BY: !� Kimley-Horn andAssoeiates, Ine. AMENDMENT 05.16.13 A2.4 Miami Design District Retail Street Special Area Plan 16 - 9 .--tea 10 «»a 62 Bus Routes J -* 36 •' 1-195 DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOVVN PLANNERS 93 202 Proposed City Trolley Transit & Bicycle Routes Bicycle Lanes NE42ndST(r-111) 1 1 1 NE41st ST (L-1T'1 1 1 p z NE401h ST(CITTfi L' I.r1 NE 391h ST 1 '' Ma ' 1 \ 1 1 NE nth ST (CIT / 1 VivaAri, r?cc -2 c. 1- 195 Existing Bicycle Lane Future Bicycle Lane _ * Existing Sharrows 1 1 1 1 D V OP e9aM1 11E,.f ; r:-.ARDS PC:.. O.V/EW t. �k+.3 4S AJoTED) ( yob 3_ INFORMATION PROVIDED BY: 0t• Kimtey-Hom I• 1 andAissodiates; fno. AMENDMENT 05.16.13 A2.5 Miami Design District Retail Street Special Area Plan All thoroughfares drawn looking east. N.E. 39TH ST. N.E. 40TH ST. N.E. 41 ST ST. Thoroughfares Notes: All thoroughfares drawn looking east. Proposed thoroughfare cross sections to be developed in civil detailing. Existing curb sections intended to remain. Islands without interrupting existing drainage may be added. For additional illustrations, see Section A 4. RALI Jon -KS CoNO1 Nis) sTReei' C(Loss sEcTiPvs sHflv,- CoNFo6M TO CID( OF maw • PALA, Won-K$ enlowcE0-INL, ST(AI-`D MLOS OR. As APPfwveD,nl wR-,nKr;1,Ry TitE 171(/iTo2 of QUA.LIG 1Jo2105, err/ OF MlAMI BOARDS PL!t k,Lt'IEW atio n rl DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS AMENDMENT 05.16.13 fa. 7� tfarso a A2.6 Miami Design District Retail Street Special Area Plan N.E. 1ST AVE 24 11'd" 11'd" 13'-6 6-6' 2 70' N.E.2ND AVE - EXISTING (typ. between NE 38th and 41 st Streets) iT 9' 2'6,6"I'10,6' ma^ 3' 10-8' sa•z 9,r N.E.2ND AVE - OPTION 1 ALT TRANSIT LANE Thoroughfares 70' N.E.2ND AVE - OPTION2 SHAR- ROW *Please note that all changes to NE 2nd Ave, including the possibility dfintroducing a central -shared transit lane will need to be discussed with the County. Notes: All thoroughfares drawn looking north. Proposed thoroughfare cross sections to be developed in civil detailing. Existing curb sections intended to remain. Islands without interrupting existing drainage may be added. For ..di •n- ill strations, see Section A 4. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS CITY OF FIL6,MI H6h.)Ifi' 2f3ARD9 FLAN.6 .6 k33W 3 f'10 2c 1Non.K-S c„tin,210 ) P0,9o400 CRvsS s . oi.l „*- NE 2 hvL6 o `a12.6G T ro APFi4,Pa- 161 i 4c 14,A'11 - DA96 �ouN� Pu b'L�L wn02.3 OEPM1-DAG,1T. — AMENDMENT 05.16.13 Trrg- - A2.7 Miami Design District Retail Street Special Area Plan Southern Plaza All sections taken facing north. DUANV PLATER-ZYEERK & COMPANY ARCHITECTS AND TOWN PLANNERS Pedestrian Pedestrian Sequence of Pedestrian Passage Passage, south of 39th Street Passage, north of 39th Street tiiaAa �1t-Zf.�4rt,rc� Passage mid -block between 39th and 40th AMENDMENT 05.16.13 CITY OF MIRMI r.EA, : fOARDS EL•" 6d3W A2.8 Miami Design District Retail Street Special Area Plan Sequence of Pedestrian Passage "ow Passage @ Oak Plaza Arcades DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS Passage @ Christian Louboutain Passage between 40th and 41 st -ta,C+, Nctt t -Zr� DEPARTMENT STORE Passage @ entry to northern Plaza AMENDMENT 05.16.13 CITY OF MIAMI HRP,' '; BOARDS FIr,rJ'� `vhwCO0113 A2.9 Miami Design District Retail Street Special Area Plan DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS f/thaA,d,i, NozA TOD and Proposed Streetcar Route AMENDMENT 05.16.13 CITY OF MIAMI PMAFIDS ALit'ADVIEW A2.10 Section A.3 - Examples and Illustrations CI'T; r_,F F.IC�PfI Ifi{r i C':�ARDS ,� ,. •-�Vi�W ,010119 Miami Design District Retail Street Special Area Plan DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS Palm Court Conceptual Renderings CITY OF MIAMI Crri COARDS { FICLICEW 3 :AB WASHINGTON AVER. CIMIAMI BEACH. EEORIG ATl91110 1pcI AMENDMENT 05.16.13 A3.1 Miami Design District Retail Street Special Area Plan Eastern Gateway and Pedestrian Passage Conceptual Studies Approach from 1-195 - Bamboo Green Screen DUANY PLATER-ZYRERK & COMPANY ARCHITECTS AND TOWN PLANNERS q/tii-a/t4f-k?Platt4 -Z",Ac_ Pedestrian Passage at NE 41 st Street with view of Block 4 department store and plaza. CITY OF MIAMI Euu vIT.W ilia o, _= AMENDMENT 05.16.13 A3.2 al Miami Design District Retail Street Special Area Plan Pedestrian Passage Conceptual Studies Green wall and waterwall facade on building partially removed to produce Pedestrian Passage. Two views. DUANY PLATER—ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS AVMuWY rh f1{/1 ` 1 44AL "' ; GDAROS FL r:evc=w ( — AMENDMENT 05.16.13 (o l3 A3.3 Miami Design District Retail Street Special Area Plan wa1 NE 42nd Streetscape Study This streetscape illustration has been modified by discussions with the neighborhood. Additionally, large specimen tree plantings may occur in the deeper setback. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS VA-1,4Arh PlaVA AMENDMENT 05.16.13 CITY OF ABRMI NC ['9.ARDs PUT L"VI7.W A3.4 Miami Design District Retail Street Special Area Plan NE 38th Street Elevation Study NE 42nd Street Elevation Study DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS NE 38th and NE 42nd Street Elevation Studies These streetscape illustrations are part of an iterative process with Neighbors and City Staff. iva Plc -7 AMENDMENT 05.16.13 CITY or D.D1I NE,T ' ; E?ARDS A3.5 Miami Design District Retail Street Special Area Plan 48' DUANY PLATER-ZYBE.RK & COMPANY ARCHITECTS AND TOWN PLANNERS 8' 14' 2 14' 8' 14' 8' VAz ? 14' 277' 14' 8' 14' 32' Recladding Studies for Buena Vista Building Existing Building Facade 8' Reclad Building Facade 57' CITY nF 8:.17.581 1-172' ',ARDS F L%.A ,,,:763W0I60 L[3 ARANDA\ LASCH AMENDMENT 05.16.13 A3.6 Miami Design District Retail Street Special Area Plan Study of western Accessway from NE 38th Street to the south plaza DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS ttil.catith PlatrA -2cfmAL. Cross Block Connection Conceptual Studies Study of eastern Accessway from NE 38th Street to the south plaza AMENDMENT 05.16.13 nnm SBARCHITECTS A3.7 Miami Design District Retail Street Special Area Plan Hypothetical Retail Streetscape at 30% Glazing Hypothetical Streetscape showing approximately 30% glazing in aggregate. This image does not reflect actual retail tenants or proposed architecture. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS AMENDMENT 05.16.13 A3.8 Miami Design District Retail Street Special Area Plan • • 1 • • DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS FRP 616161U0 Mia),A,Eh PloZfzt tin CITT OF LS/1111 HI a • On IAltodt.3 High End Urban Retail Examples Pi% Igtitel&k ViArOpe 1.7111 I 401 ter, rs - f 47, 4,f4,4711710 irikoolt41 OS te AIP let 4 .1144:01 ."/IN ilk A It ,,:t0A174,1L...47, •tP4 wor i,,p4-11•7404, 7. 40* IP-- ;04k:A. 4 $11tn. ...kik re I> 11 EITA,N78,,c0 1 orniatilia et IT ' 11, wit its tiffiro h roci, itt rJ-1111 , II L. l11 or AMENDMENT 05.16.13 A3.9 Miami Design District Retail Street Special Area Plan DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS U'V{ia,W r riat44 NE 2nd Avenue and NE 41st Street Studies AMENDMENT 05.16.13 CITY OF r11Ar.�i r] nnRDS cores 6/7 63 A3.10 Section A 4 - Landscape and Views CITY nF VIAMI F:�'.t 1 -AADS Miami Design District Retail Street Special Area Plan PROMENADE PLAN LEGEND y' MAHOGANY "°=° GUMBO LIMBO STRANGLER FIG • SOUTHERN LIVE OAK • VERAWOOD S FLORIDA THATCH PALM t CYCAD/LOW BUSHES M NEW CONSTRUCTION rI RENOVATIONS El EXISTING ■ OCCUPIABLE ROOF GARDEN ® UNOCCUPIABLE ROOF GARDEN GREEN WALL i+S9 WATER FEATURE EXISTING TREES 4! EXISTING PALM ART/FURNITURE GUIDELINES • Corners of promenade and e-w corridors to get specimen trees and/or clusters. • Blank walls facing promenade to be treated as monochromatic "green walls". • Entrance to garage level to get clad was green surfaces. • Southern plaza to be planted with field of Florida thatch palms in clusters of 3 to 4. • Water Features shall have no water sprouts. All water features to use salt -chlorine generators. Water feature water surfaces shall be french gray or similar. NE 42ND STREET • 41ST STREET I.J 40TH STREET jJE 39TH STREET 38TH STREET PROMENADE PLAN JL Note: Location, specimen and size of tree may be adjusted to accommodate existing conditions. DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS VGtza),Lt f 1ovA -Zf iC>,I,cz_ Conceptual Landscape Master Plan r I GREEN WALL AT GARAGE ACCESS DESTINATION WATER FEATURE GREEN WALL GREEN WALL CYCADS AND LOW PLANTS AT"POCKETS" GREEN WALLAT BLANK FACADES WATER FEATURE SPECIMEN TREE AT CORNERS WATER FEATURE CYCADS AND LOW PLANTS AT "POCKETS" SPECIMEN TREE AT CORNERS WATER FEATURE PALM PLAZA CITY OF rrWrul HEAI%T' ; E..'ARDS PLAN pIIU.VODW 2 &SN: Ng/TO) 3 L A N D PLANNING CORPORATIONI 248 W A S H I N G T O N A V E F D M I A M I u E A C H. FLORIDA 3 3 13 S N P C AMENDMENT 05.16.13 A4.1 Miami Design District Retail Street Special Area Plan Sidewalk Parking lane Parking lane 0 Sidewalk 1. TREE DISTRIBUTION ON STREET 35' L 62' 2. TREE DISTRIBUTION IN PROMENADE DUAN V PLATER-ZY B E RK & COMPANY ARCHITECTS AND TOWN PLANNERS Sample of Tree Locations Roof Terrace Street Parking 3. VERTICAL TREE DISTRIBUTION 4. VERTICAL CIRCULATION AND LANDSCAPE 248 WASHINGTON ISLAND N D PLANNING FOHPOR A r I O N' P CD INIAMIEIEAC H. FLORIDA 33139 AMENDMENT 05.16.13 A4.2 Miami Design District Retail Street Special Area Plan NE 40th Street - Existing Street View DUANY PLATER-ZYRERK & COMPANY ARCHITECTS AND TOWN PLANNERS NE 40th Street - Proposed Street View NE 40th Street - 2013 photograph Natti Conceptual Streetscape Views CITY OF RTIA671 SLAND P L A N N I N T O N' 248 W A S H I N G TO N AVE H D M I A M I S EACH. FLORIDA 3 3 1 3 9 AMENDMENT 05.16.13 A C A4.3 713 Miami Design District Retail Street Special Area Plan Doi NE TOTH STREET -EXISTING ALAN DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS O O 0 Case Study: NE 40th Street - Facing North CYT'J OE MI!.fJtll 1VDS PC I 2:8WASHINOTON AVE4 O MIAMI :EACH. FLORIDA 33139 I AMENDMENT 05.16.13 A4.4 Miami Design District Retail Street Special Area Plan NE 00,1 STREET- EXISTING SOUTH ELEVATION PD U Case Study: NE 40th Street - Facing South NEALITII STREET- SOUTH ELEVATION DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS "61 OgO 0CD00 l l l iGizaicNov.'-Zci CITY OF MIAMI m., p f IC r j173 IISLAND G CORPORAION 2ASWASHINGTONAVE AD MIAMIIBEACH, FLORIDAT33139' PC AMENDMENT 05.16.13 A4.5 Miami Design District Retail Street Special Area Plan NE 41ST STREET 3AV_S6 3N NE 40TH STREET NE 39TH STREET DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS ttitookrAl Plccici (Obi or. 6RIDr/3 Conceptual Studies for Central Streets crry OF DAMI FIE/.',''"A C—ARDS 1 L A ry H A ry WAS HINGTON AVE 11 0 3AV GNZ 3N NINO CORPORATION MIAMI BEACH. FLOR IDA 33139 AMENDMENT 05.16.13 IPCI A4.6 Miami Design District Retail Street Special Area Plan Conceptual Birdeye View, indicating Green and Treed Roofscape DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS flaVA Planniag CITY OF IWAIRI I/EA )ARDS m•io.q 249 WASHIINGTON AVEA1ID MIAMII BEACH. FLO RIDA 331391PC AMENDMENT 05.16.13 A4.7 Miami Design District Retail Street Special Area Plan DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS ha,t4,141 Plc rkt -ic.1 _ Green Wall and Roof Examples AMENDMENT 05.16.11'T Miami Design District Retail Street Special Area Plan DUANV PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS Viiii9A4[41? tc -Z*i Ambient and Direct Lighting Examples 7T'Y ETF [ Hots TW0Q A. (ohiVLLLL /. AMENDMENT 05.16.13 A4.9 Miami Design District Retail Street Special Area Plan Yes No LEED 2009 for Neighborhood Development Project Scorecard mum Smart Location and Linkage 6 21 No Prereq 1 Smart Location Prereq 2 Imperiled Species and Ecological Communities Prereq 3 Wetland and Water Body Conservation Prereq 4 Agricultural Land Conservation Prereq 5 Floodplain Avoidance Credit 1 Preferred Locations Credit 2 Credit 3 Credit 4 Credit 5 Credit 6 Credit 7 Credit 8 Credit 9 27 Points Possible Required Required Required Required Required 10 Brownfield Redevelopment 2 Locations with Reduced Automobile Dependence Bicycle Network and Storage Housing and Jobs Proximity Steep Slope Protection Site Design for Habitat or Wetland and Water Body Conservation Restoration of Habitat or Wetlands and Water Bodies Long -Term Conservation Management of Habitat or Wetlands and Water Bodies Q® Neighborhood Pattern and Design 3 2 2 2 2 Y No Prereq 1 Prereq 2 Prereq 3 Credit 1 Credit 2 Credit 3 Credit 4 Credit 5 Credit 6 Credit 7 Credit 8 Credit 9 7 3 44 Points Possible Walkable Streets Compact Development Connected and Open Community Walkable Streets Compact Development Mixed -Use Neighborhood Centers Mixed -Income Diverse Communities Reduced Parking Footprint Street Network Transit Facilities Transportation Demand Management Access to Civic and Public Spaces Credit 10 Access to Recreation Facilities Credit 11 Visitability and Universal Design Credit 12 Community Outreach and Involvement Credit 13 Local Food Production Credit 14 Tree -Lined and Shaded Streets Credit 15 Neighborhood Schools o® Green Infrastructure and Buildings Required Required Required 12 6 4 7 2 2 29 Points Possible Prereq 1 Certified Green Building Prereq 2 Minimum Building Energy Efficiency Prereq 3 Minimum Building Water Efficiency Prereq 4 Construction Activity Pollution Prevention DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS Required Required Required Required Project Name: Date: Yes LEED ND Checklist Miami Design District 9/13/2012 Green Infrastructure and Buildings, Continued 3 4 2 2 Credit 1 Credit 2 Credit 3 Credit 4 Credit 5 Credit 6 Credit 7 Credit 8 Credit 9 Certified Green Buildings Building Energy Efficiency Building Water Efficiency Water -Efficient landscaping Existing Building Use Historic Resource Preservation and Adaptive Reuse Minimized Site Disturbance in Design and Construction Stormwater Management Heat Island Reduction Credit 10 Solar Orientation Credit 11 On -Site Renewable Energy Sources Credit 12 District Heating and Cooling Credit 13 Infrastructure Energy Efficiency Credit 14 Wastewater Management Credit 15 Recycled Content in Infrastructure Credit 16 Solid Waste Management Infrastructure Credit 17 Light Pollution Reduction 5 2 4 2 2 ©QQ Innovation and Design Process 6 Points Yes i No Credit 1.1 Innovation and Exemplary Performance: Credit 1.2 Innovation and Exemplary Performance: Green Pest Control Credit 1.3 Innovation and Exemplary Performance: Ex. Peri GIBc5 Credit 1.4 Innove Innovation and Exemplary Performance: Ex. Pert GI8c3 Credit 1.5 Inflow Innovation and Exemplary Performance: Ex. Pert NPDc3 Credit 2 LEED®Accredited Professional prig Regional Priority Credit 4 Points Yes No Credit 1.1 Regional Priority Credit: NPDc14 Credit 1.2 Regional Priority Credit: GI868 Credit 1.3 Regional Priority Credit: GI13616 Credit 1.4 Regional Priority Credit ME m Project Totals (Certification estimates) Certified: 40-49 points, Silver: 50-59 points, Gold: 60-79 points, Platinum: 80+ points 110 Points VA-to,4141 ° IGc t-Zoicwtc_ Approved for original SAP properties, Fall 2012. AMENDMENT 05.16.13 A4.11 Kimley-Horn M r 1 and Associates, Inc. Memorandum To: Mr. Carlos Cruz-Casas, P.E. Transportation Coordinator City of Miami From: John J. McWilliams, P.E Adrian K. Dabkowski, P . (LA), PTOEA Date: January 16, 2013 Subject: Miami Design District Special Area Plan (SAP) Amendment Traffic Impact Analysis Methodology ■ 5200 NW 33rd Avenue Suite 109 Fort Lauderdale, Florida 33309 The purpose of this memorandum is to summarize the proposed traffic impact analysis methodology. The purpose of traffic analysis is to evaluate the impacts of the additional development proposed as part of the amendment to the previously approved Design District SAP. The attached map (Attachment A) depicts the properties included in the previously approved SAP (orange) as well as the additional properties associated with the SAP amendment (green). The proposed mixed -use development has not yet finalized. Once the development program has been finalized it will be provided to you. The proposed traffic study methodology is generally similar to the previous traffic impact study submitted and approved by the City. The following items summarize our proposed methodology. Trip Generation Trip generation calculations for the proposed development will be performed using Institute of Transportation Engineer's (ITE) Trip Generation, 9th Edition. Once the development program has been finalized, trip generation calculations will be provided prior to submittal of the traffic study for review. Trip Distribution Trip distribution will be determined using the cardinal distribution from the appropriate Traffic Analysis Zone (TAZ) in the Miami -Dade County's MPO 2035 Cost Affordable Plan. The appropriate TAZ for this majority of this development is 383. The cardinal distribution is provided in Attachment B. Background Traffic Forecast/Major Committed Development A background growth rate will be calculated based on historic growth trends at nearby Florida Department of Transportation (FDOT) traffic count stations. Additionally, growth rates based on Miami -Dade Metropolitan Planning Organization's (MPO) projected 2005 and 2035 model network volumes will be ■ TEL 954 535 5100 FAX 954 739 2247 C n Mr. Carlos Cruz-Casas, P.E., January 16, 2013, Pg. 2 examined. Documentation will be provided in the Appendix of the traffic impact study. The City of Miami will be contacted to obtain the most recent edition of the Large Scale Development Report. Projects currently under construction or approved but not yet constructed will be included. Projects in the application stage who have submitted a traffic study will also be included. Study Area The following intersections will be examined as part of the study area: • North Miami Avenue at NE 42"d Street • North Miami Avenue at NE 415` Street • North Miami Avenue at NE 40th Street • North Miami Avenue at NE 39th Street • North Miami Avenue at NE 38th Street/Interstate 195 WB Ramp • North Miami Avenue at Interstate 195 EB Ramp • North Miami Avenue at NE 36th Street • NE 1st Avenue at NE 42"d Street • NE 15c Avenue at NE 41st Street • NE 15t Avenue at NE 40th Street • NE lst Avenue at NE 39th Street • NE 15t Avenue at NE 38th Street • NE Tst Avenue at NE 36th Street • NE 2"d Avenue at NE 42"d Street • NE 2"d Avenue at NE 415t Street • NE 2"d Avenue at NE 40th Street • NE 2"d Avenue at NE 39`h Street • NE 2"d Avenue at NE 38th Street • NE 2"d Avenue at NE 36th Street/Federal Highway • Federal Highway at NE 39th Street • Biscayne Boulevard at NE 38th Street • Biscayne Boulevard at NE 36th Street Project driveways will also be included in the study area/analysis, The following corridors were analyzed in the study: • North Miami Avenue • NE 2"d Avenue • NE 415` Street • NE 39th Street Data Collection As the proposed development will consist primarily of retail and restaurant land uses, P.M. peak period (4:00-6:00 P.M.) turning movement counts will be Kimley-Horn 1 and Associates, Inc. Mr. Carlos Cruz-Casas, P.E., January 16, 2013, Pg. 3 conducted at all identified study intersections. 24-hour machine counts will be conducted on all study corridors. All traffic counts will be adjusted to account for seasonality using the appropriate FDOT seasonal factors. Signal timing information will be obtained from Miami -Dade County Public Works and Waste Management Department — Signals and Signs Division. Capacity Analysis Capacity analyses will be conducted for the P.M. peak hour at all identified intersections and corridors. Intersection analyses will be performed using the Highway Capacity Manual (HCM) methodology. A detailed operations analysis for the project driveways and study area intersections will be prepared. Corridor analyses will be conducted using information from the Miami DRI-II (i.e. person -trip capacity) and the FDOT Quality/LOS Handbook. Please note that the City of Miami Capital Improvement Plan (CIP) will be reviewed for study area improvement projects. Transportation Accommodations Section A section in the report will discuss non -passenger vehicle transportation and internal transportation access. Specifically, this section will discuss accommodations for bicycles and identify bicycle parking areas; discuss internal transportation access such as tunnels connecting the below -grade parking garages. Documentation The results of the analysis will be summarized in a report. The report shall include supporting documents including signal timings, lane geometry, and software output sheets. K;\FTL_TPTO\043505000-Miami Design District\Correspondence\memos \01 16 13 Miami Design District - Traffc Study Methodology.doc Attachment A DACRA ACREAGE PLAN 11/29/12 4 L L T1 T r = 1.1 r J. 2 1 T 1 F T KW. _ 36 STREET EXPRESSWAY 1-195 HWH N E. L N.E. 361h ST 4016 STREET zr r" r 36 STREET EXPRESSWAY 1-195 _ • /1 — — • 161h St EXPRESSWAY Attachment B s#��n= I AA! ' = � iNE gr'+€ rvp 3:+v}�vsl '� NALDIFI7 .'"'> � gam �a 4? �!»7 �i € "�»u'+ `"� „z'urp�€" sa s" { ..a 9" ,�� z. � � .�* �Z s? -t R x `, 3 r �'�;%� ✓ Y ",, `s. � ; , � ' PERCENT t i 16.05 ENS 0,78 23.73 20 14,53 18.21 1QT 375 3075 TRIPS PERCENT 1220 28.25 78 1.81 163 3.77 293 6,78 911 21,09 638 14.77 467 10.81 549 12.71 4,319 376 3076 TRIPS 1096 95 248 284 1324 992 705 931 5,675 PERCENT 19.31 1.67 4.37 5 23.33 17.48 12.42 16,41 377 3077 TRIPS 800 155 138 193 931 753 560 545 4,075 PERCENT 19.63 3.8 3.39 4.74 22.85 18.48 13.74 13.37 378 3078 TRIPS 609 212 917 752 656 747 4,155 IIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIII 379 3079 PERCENT 14.66 5.1 22,07 18,1 15.79 17.98 TRIPS 1163 252 1478 1009 1264 1294 6,894 PERCENT 16.87 3.66 4.02 2.28 21,44 14.64 18.33 18,77 380 3080 TRIPS 674 170 201 85 973 927 848 884 4,762 PERCENT 14.15 3.57 4.22 1,78 20.43 19.47 17.81 18.56 381 3081 TRIPS 354 132 189 228 737 592 436 455 3,123 PERCENT 11.34 4.23 6.05 7,3 23.6 18.96 13.96 14.57 382 3082 TRIPS 1508 501 386 992 1731 1482 1171 1600 9,371 PERCENT 16.09 5.35 4.12 10.59 18.47 15.81 12.5 17.07 383 3083 TRIPS 2732 994 963 2708 2794 2224 1957 2908 17,280 PERCENT 15.81 5.75 5.57 15.67 16.17 12.87 11.33 16.83 384 3084 TRIPS 569 121 413 979 821 545 368 438 4,254 PERCENT 13.38 2.84 9.71 23.01 19.3 12.81 8.65 10,3 385 3085 TRIPS 9 22 29 23 15 131 PERCENT 6,87 3.82 5.34 16,03 16.79 22.14 17.56 11.45 386 3086 TRIPS 508 135 328 934 951 739 454 453 4,502 PERCENT 11,28 3 7.29 20.75 21,12 16.41 10,08 10,06 387 3087 TRIPS 1513 690 657 1083 935 758 653 695 6,984 PERCENT 21.66 9.88 9.41 15.51 13.39 10.85 9.35 9.95 388 3088 TRIPS 104 29 57 119 161 154 97 82 803 PERCENT 12.95 3.61 7.1 14.82 20.05 19.18 12.08 10.21 389 3089 TRIPS 244 85 100 292 345 305 227 237 1,835 PERCENT 13.3 4.63 5.45 15.91 18,8 16.62 12.37 12,92 390 3090 TRIPS 58 176 197 159 161 137 1,077 PERCENT 12.72 4.83 5.39 16.34 18.29 14.76 14.95 12.72 391 3091 TRIPS 228 68 75 349 385 359 300 225 1,989 PERCENT 11,46 3,42 9.36 18.05 15.08 11,31 392 3092 TRIPS 382 63 132 206 590 502 370 529 2,774 PERCENT 13.77 2.27 4,76 7.43 21.27 18,1 13.34 19.07 393 3093 TRIPS 784 188 269 625 1652 1364 655 758 6,295 PERCENT 12.45 2.99 4.27 9.93 26.24 21.67 10.41 12.04 394 3094 TRIPS 350 96 65 110 629 491 341 349 2,431 PERCENT 14,4 3,95 2.67 4.52 25,87 20.2 14.03 14.36 395 3095 TRIPS 1170 335 349 1419 1593 1306 661 761 7,594 PERCENT 15.41 4.41 4,6 18,69 20,98 17.2 8.7 10.02 396 3096 TRIPS 943 276 270 735 1467 974 662 833 6,160 PERCENT 15.31 4.48 4.38 11.93 23.81 15.81 10.75 13,52 397 3097 TRIPS 1085 246 228 325 1464 1178 906 990 6,422 PERCENT 16,9 3.83 3.55 5.06 22.6 18.34 14.11 15.42 398 3098 TRIPS 436 102 201 285 675 466 288 298 2751 PERCENT 15.85 3.71 7.31 10.36 24.54 16.94 10.47 10.83 399 3099 TRIPS 808 429 338 784 933 514 389 458 4,653 PERCENT 17.37 9,22 7.26 16.85 20,05 11.05 8,36 9.84 400 3100 TRIPS 176 174 94 294 241 158 129 121 1,387 PERCENT 12,69 12.55 6.78 21.2 17.38 11.39 9.3 8.72 401 3101 TRIPS 45 25 22 43 40 35 41 56 307 PERCENT 14,66 8.14 7.17 14.01 13.03 11.4 13,36 18.24 402 3102 TRIPS 52 9 i® 43 28 25 37 232 PERCENT 22.41 3.88 5,6 10,78 18.53 12.07 10,78 15,95 403 3103 TRIPS 499 349 261 294 355 194 231 278 2,461 PERCENT 20.28 14.18 10.61 11.95 14,43 7,88 9.39 11.3 404 3104 TRIPS 514 173 342 815 710 501 333 375 3,763 PERCENT 13.66 4.6 9.09 21.66 18,87 13.31 8.85 9.97 405 3105 TRIPS 292 123 98 254 261 163 182 193 1,566 PERCENT 18.65 7,85 6.26 16,22 16,67 10.41 11.62 12.32 406 3106 TRIPS 473 183 617 657 275 352 3,567 PERCENT 13.26 5.13 17,3 18,42 7.71 9.87 407 3107 TRIPS 1569 507 564 1113 799 664 617 776 6,609 PERCENT 23.74 7.67 8,53 16.84 12.09 10.05 9,34 11.74 408 3108 TRIPS 398 536 318 734 505 498 257 331 3,577 B-12 Akerman March 15, 2013 VIA HAND DELIVERY Mr. David Holtzman, Vice President Dacra Development 3841 NE 2nd Avenue, Ste. 400 Miami, FL 33137 Javier E. Fernandez Associate Akerman Senterfitt One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 Re: Preliminary Fiscal & Economic Impact Analysis for Design District Special Area Plan ("SAP") Amendment Dear Mr. Holtzman: Akerman Senterfitt ("AS") has performed this preliminary analysis to estimate the fiscal and economic benefits that the initial, mixed -use development concept studied by Miami Design District Associates ("MDDA") for the Miami Design District Retail Street Special Area Plan Amendment ("SAP Amendment") will provide to the City of Miami and other jurisdictions in which it will be located, including Miami -Dade County, the Miami -Dade Public School District, and the Children's Trust. This letter provides the findings of our preliminary analysis. The initial development concept studied for the SAP Amendment will be developed in phases over a period of years. During the development period, the rates associated with ad valorem taxes are likely to be adjusted annually and other fee schedules may also be adjusted. Changes in the economic environment could also result in construction costs, sales prices, rent levels and hotel room rates that differ from those assumed below. These differences could result in fiscal and economic benefits actually being generated that vary significantly from the estimates set forth in this report. SAP AMENDMENT DESCRIPTION The proposed SAP Amendment encompasses a land mass of approximately 1.98 acres located within the Miami Design District, which is roughly bounded by portions of Biscayne Boulevard, Federal Highway, and NE 2nd Avenue to the east, portions of NE 41st and 42"d Streets to the north, N. Miami Avenue to the west, and NE 38th Street to the south (the "District"). The development concept for the SAP Amendment contemplates the additional development of 117,472 sq. ft. of street retail/commercial space and 131 residential units. In addition, the SAP Amendment identifies the addition of 105,100 sq. ft. of retail/commercial space and 350 residential units on the Tuttle North and South sites, resulting in a total akerman.com {25978362;1 } Mr. David Holtzman March 15, 2013 Page 2 development program for the SAP Amendment of 481 residential retail/commercial space. The residential units identified in the SAP Amendment include approximately 1,200 square feet in size. It is anticipated that the proposed sell at an average square foot price of approximately $500, yielding gross $289 million. units and 222,572 sq. ft. of a total of 481 units averaging residential condominium units will sales proceeds of approximately Non-residential uses within the SAP Amendment will include 222,572 square feet of new or renovated street retail/commercial space. The new or renovated retail/commercial space is expected to be a regional draw, with the result that sales productivity per square foot will approximate $700. Annual projected retail sales will likely exceed $162 million. The anticipated rental rate for this element of the project is expected to average $75 per square foot. The expanded program described above is expected to complement the retail and entertainment program currently under development within the Design District and further solidify its emerging profile as the destination for art, fine dining, and luxury retail in Southeast Florida. Development of aforementioned elements of the SAP Amendment are estimated to exceed $131 million in hard costs. An additional $5.25 million will likely be expended on furniture, fixtures and equipment (FF&E) for the proposed uses, with an additional $16.5 million of expenditures for soft costs inclusive of architectural and engineering fees, marketing, leasing, and sales commissions, project overhead, etc. Accordingly, the project will cost approximately $152 million to develop exclusive of land cost and developer fees. SUMMARY OF FINDINGS The materials that follow summarize the fiscal and economic benefits that the proposed Design District SAP will generate. As discussed above, the project will be developed in phases; however, since an exact phasing plan has not yet been formulated, the estimates presented below address the project in its entirety. All monetary figures are expressed in 2013 Dollars. Fiscal Benefits The term "fiscal benefits" refers to the positive impact that the proposed project will have on the finances of the City of Miami and the other jurisdictions in which it will be located. The benefits that it will provide will be both non -recurring and recurring in nature, with the former occurring during the construction period and the latter when construction is completed. The estimates shown are based on current millage and fee rates. {25978362;11 Mr. David Holtzman March 15, 2013 Page 3 City of Miami Non -recurring benefits ■ $720,000 in City building permit fees ■ $113,752 in City police impact fees ■ $66,611 in City fire impact fees ■ $31,761 in City general services impact fees ■ $222,625 in City park impact fees ■ $13,042 in City impact fee administrative surcharges Total non -recurring City benefits: $1,167,791 Recurring benefits ■ $991,861 annually in City General Fund ad valorem taxes ■ $121,830 annually in City Debt Service ad valorem taxes ■ $312,217 annually in parking surcharge revenues Total recurring City benefits: $1,425,908 Non -Quantifiable benefits ■ Trade -related fees for roofing, electrical, plumbing, mechanical, pool and elevator work performed during construction (non -recurring) ■ Increased City utility taxes and franchise fees (recurring) ■ Increased occupational license fees (recurring) ■ Increased revenue sharing funds (recurring) Other Jurisdictions Miami -Dade County ■ $629,455 annually in General Fund ad valorem taxes (recurring) ■ $37,335 annually in Debt Service Fund ad valorem taxes (recurring) ■ $23,515 annually in Library ad valorem taxes (recurring) ■ $179,033 annually in tourist taxes (recurring) ■ $1,620,033 annually in local option sales taxes (recurring) ■ Increased water and sewer connection fees (non -recurring) ■ Increased revenue sharing funds (recurring) ■ Increased water and sewer service fees (recurring) Miami -Dade Public Schools ■ $130,554 in impact fees (non -recurring) ■ $1,017,217 annually in Operating Fund ad valorem taxes (recurring) ■ $31,440 annually in Debt Service Fund ad valorem taxes (recurring) Children's Trust ■ $65,500 annually in ad valorem taxes (recurring) {25978362;1 } Mr. David Holtzman March 15, 2013 Page 4 Economic Benefits The term "economic benefits" relates to the positive impact that the proposed project will have on the economy of the City rather than its finances. The economic benefits it will provide will also be non- recurring and recurring in nature. Non -recurring benefits ■ At least 80 percent of the $152 million that will be spent on hard and soft costs, as well as FF&E, to develop the project will be spent within the City of Miami, producing an overall economic impact of at least $230 million when the multiplier effect is considered. • Project expenditures will include an estimated $60.5 million for construction labor, an amount sufficient to pay for 1,005 man-years of construction work at the average annual pay rate of a Miami -Dade County construction worker, which approximates $60,500 per year. It is further anticipated that each direct construction job will result in the creation of at least 0.75 indirect or induced jobs. Indirect jobs will be in businesses related to construction such as building supplies or equipment rental, while induced jobs will be businesses where those occupying the direct and indirect jobs will spend their earnings such as the local supermarket or personal service establishment. A substantial portion of the jobs created by the development of the proposed project are likely to be filled by City of Miami residents. Recurring When the project is completed, a total of $6.2 million will be spent annually by condominium residents in retail and food establishments and by workers at the project for meals and other items purchased during the work day. It is anticipated that at least 85 percent of these expenditures will be within the City of Miami resulting in an overall economic impact annually approximating $5.25 million. • A total of 460 people will be employed at the proposed project, inclusive of people involved in project operations, maintenance and parking. Based on the information compiled by the Florida Agency for Workforce Innovation, it is expected that these workers will earn approximately $21.3 million. The direct jobs at the project will stimulate the creation of 300 indirect and induced jobs. Residents of the City of Miami are likely to occupy a significant number of the direct, indirect, and induced jobs that result from the development of the project. CONCLUSION This preliminary analysis demonstrates that the proposed project will be highly beneficial to the City of Miami both fiscally and economically. Sincerely, Javier E. Fernandez Associate {25978362;1} Mr. David Holtzman March 15, 2013 Page 5 cc: Craig Robins, President & Chief Executive Officer Steven Gretenstein, Chief Operating Officer {25978362;1 }