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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-08-0658 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 08-01015da Final Action Date: 11/13/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AND AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "THE MIAMI WORLDCENTER" ON APPROXIMATELY ± 25 ACRES, ZONED SD-16.3, "MIAMI WORLDCENTER SPECIAL DISTRICT," LOCATED BETWEEN NORTHEAST6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; APPLICABLE ONLY TO PROPERTY OWNED BY MIAMI WORLDCENTER GROUP, LLC, AND AFFILIATED PARTIES; AUTHORIZING THE FOLLOWING USES; RESIDENTIAL, OFFICE, HOTEL, RETAIL, CONVENTION SPACE, ACADEMIC SPACE AND ANY OTHER USES PERMITTED BY THE SD-16.3 ZONING DISTRICT REGULATIONS; AUTHORIZING A DENSITY OF APPROXIMATELY 300 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY A BASE FLOOR AREA RATIO OF APPROXIMATELY 4.32, PLUS ANY APPLICABLE BONUSES PROVIDED IN THE SD-16.3 ZONING DISTRICT REGULATIONS; AUTHORIZING UNLIMITED HEIGHT AS PERMITTED BY THE SD-16,3 ZONING DISTRICT REGULATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, Miami Worldcenter Group, LLC, and affiliated parties (collectively "MWC") are the owners of certain real property in the City of Miami ("City") consisting of approximately ±25 acres, zoned SD-16.3 and located between Northeast 6th Street and Northeast 11th Street and between North Miami Avenue and Northeast 2nd Avenue in the City of Miami, Florida; and WHEREAS, MWC has requested approval of a Development Agreement ("Agreement"), pursuant to Chapter 163 of the Florida Statutes to provide that Miami Worldcenter Group, LLC may develop its approximately ±25 acres ofland, according to the SD-16.3 district regulations in effect as of the effective date of the Agreement during the term of the Agreement; and WHEREAS, the City Commission has reviewed the proposed Development Agreement and has considered the testimony of all interested parties at the public hearing, the intended use of the land as described in the Development Agreement and has considered the health, safety and welfare of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 2 File Id: 08-01015da (Version: 5) Printed On: 3/17/2015 File Number: 08-01015da Enactment Number: R-08-0658 Section 2. The Agreement, pursuant to Chapter 163 of the Florida Statutes, between MWC and the City, relating to the development of the application of approximately ±25 acres, zoned SD-16.3 located in the City of Miami, Florida, for the purpose of redevelopment of such land for a mix of permitted uses, is approved. Section 3. The Agreement is applicable only to property owned by MWC, and affiliated parties with the following uses being authorized: residential, office, hotel, retail, convention space, academic space and any other uses permitted by the SD-16.3 Zoning District regulations. Section 4. A density of approximately 300 units per acre, an intensity measured by a base floor area ratio of approximately 4.32, plus any applicable bonuses provided in the SD-16.3 Zoning District regulations, and unlimited height as permitted by the SD-16.3 Zoning District Regulations, is authorized. Section 5. The City Manager is authorized{1} to execute the Agreement, in substantially the attached form, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 08-01015da (Version: 5) Printed On: 3/17/2015 City of Miami Legislation Ordinance: 13039 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01015zc Final Action Date: 11/13/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NOS. 23 AND 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING SD-16.3 "MIAMI WORLDCENTER", GENERALLY BOUNDED BY NORTHEAST 2ND AVENUE TO THE EAST, NORTH MIAMI AVENUE TO THE WEST, NORTHEAST 11TH STREET TO THE NORTH AND NORTHEAST 6TH STREET TO THE SOUTH, EXCLUDING THE AREAS GENERALLY DESCRIBED AS "THE CLUB DISTRICT" AND THE "NETWORK ACCESS POINT OF THE AMERICAS (NAP CENTER)"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of October 15, 2008, Item No. P.2, following an advertised hearing, adopted Resolution No. PAB-08-041 by a vote of five to zero (5-0), recommending APPROVAL of a change of the zoning atlas, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the Zoning Atlas of Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Pages 23 and 36 of the Zoning Atlas of the City of Miami, Florida, by adding the SD-16.3 "Miami Worldcenter", generally bounded by Northeast 2nd Avenue to the East, North Miami Avenue to the West, Northeast 11th Street to the North and Northeast 6th Street to the South, with the exception of areas generally described as "The Club District" and The Network Access Point of the Americas "NAP Center"; boundaries more specifically identified in the map attached hereto as Exhibit "A"; and Section 2, It is found that this change: (a) is consistent with the intent of the area and will not impose an adverse impact on the adjacent community, (b) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (c) is not contrary to the established land use pattern; (d) will not create an isolated district unrelated to adjacent and nearby districts; (e) is not out of scale with the needs of the neighborhood or the City; (f) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (g) is necessary due to changed or changing conditions; (h) will not adversely influence living conditions in the neighborhood; (i) will not create or excessively increase traffic congestion or otherwise affect public safety; City of Miami Page 1 of 2 File Id: 08-01015zc (version: 3) Printed On: 3/17/2015 File Number: 08-01015zc Enactment Number.' 13039 (j) will not create a drainage problem; (k) will not seriously reduce light and air to adjacent area; (I) will not adversely affect property value in the adjacent area; (m) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (n) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page Nos. 23 and 36 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance for the City of Miami, Florida, by reference and description in said Ordinance, is hereby amended to reflect the changes made necessary by this Amendment. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {1} Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 08-01015ze (Version: 3) Printed On: 3/17/2015 Exhibit "A" MIAMI WORLDCENTER PROPOSED BOUNDARIES 0 150 300 600 Feet I "M‘ 4 r7*•`...' SUBJECT AREA ADDRESS: SD 16, 161,16.2,16.3 City of Miami Legislation Ordinance: 13144 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 09-00974ct Final Action Date: 2/25/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT TO INCORPORATE LANGUAGE REGARDING THE DESIGNATION OF THE HEALTH DISTRICT REGIONAL ACTIVITY CENTER; FURTHER AMENDING THE 2020 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CREATING THE "HEALTH DISTRICT REGIONAL ACTIVITY CENTER OVERLAY" WITHIN THE CITY OF MIAMI; MAKING FINDINGS OF CONSISTENCY WITH ESTABLISHED CRITERIA, GOALS, OBJECTIVES AND POLICIES FOR SUCH DESIGNATIONS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami's Comprehensive Plan, pursuant to Part II, Chapter 163, Florida Statutes, was originally adopted by Ordinance No. 10544 and found to be in compliance by the State of Florida and has subsequently been amended and the amendments found to be in compliance, except for certain specific amendments implementing the latest Evaluation and Appraisal Report; and WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the City of Miami proposes to amend the Miami Comprehensive Neighborhood Plan; and WHEREAS, it is necessary to establish a Health District Regional Activity Center to attract: 1) hospitals, emergency rooms, clinics, laboratories, medical, research and clinical; 2) biotechnical laboratories and research facilities; and 3) all other accessory uses in support of and for the expansion of medical services, educational facilities, offices, commercial uses, and residential development, in areas of concentrated intensity located in close proximity to major public transportation facilities and transportation corridors; and WHEREAS, the area generally located South of Northwest 20th Street, North of State Road 836, East of Northwest 17th Avenue, and West of Interstate 95, known as the Health District, is a compact, high intensity, high density multi -use area that is appropriate for intensive growth, and which may be used for: retail; office; cultural, recreational and entertainment facilities; hotels and motels; major institutional and public facilities and appropriate industrial activities; and is therefore appropriate for designation as a Regional Activity Center; and WHEREAS, the proposed Health District Regional Activity Center is consistent with the comprehensive plan and future land use map intensities; provides service to, and is regularly used by,. a significant number of citizens of more than one county; contains adequate existing public facilities as defined in Chapter 9J-5, F.A.C., or committed public facilities, as identified in the capital improvements element of the local government comprehensive plan; and is proximate and accessible to interstate or major arterial roadways; and City of Miami Page I of 4 File Id: 09-00974ct (Version: 3) Printed On:3/17/201 5 File Number: 09-00974ct Enactment Number: 13144 WHEREAS, the creation of a Health District Regional Activity Center is necessary to achieve the City's goals for continued development and redevelopment of its principal health care, hospital and research area; and WHEREAS, the area currently referred to as the Health/Civic Center District is an appropriate urban area to designate as a Health District Regional Activity Center; and WHEREAS, pursuant to Resolution No. 08-0551, adopted September 25, 2008, the City Commission voted to transmit the proposed Health District Regional Activity Center for review by state , regional and local agencies as required by law; and WHEREAS, the Planning Advisory Board, at its meeting of September 16, 2009, Item No, P. 13, following an advertised public hearing, adopted by Resolution No. PAB 09-37, by a vote of seven to zero, recommended APPROVAL of text and map amendments to the MCNP, as attached in "Exhibit A"; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the MCNP as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The 2020 Future Land Use Map is hereby amended to create an overlay designation for the properties as indicated on the Map, attached as Exhibit "A" and incorporated herein. Section 3. The Miami Comprehensive Neighborhood Plan is hereby amended by amending the text of the Future Land Use Element as follows: {1} "FUTURE LAND USE ELEMENT Health District Regional Activity Center The Health District Regional Activity Center is hereby designated to be a Regional Activity Center pursuant to Florida Statute, Chapter 380 and, subject to amendment by the Strategic Regional Policy Plan for South Florida by the South Florida Regional Planning Council, as a regional development district (a geographic area specifically; designated as highly suitable for increased threshold intensity) for the purpose of increasing DRI thresholds. General Location: South of NW 20th Street, North of State Road 836, East of NW 17th Avenue, and West of Interstate 95. List of Permitted Uses: Permitted uses shall be as for the underlying land use classification: whether uses shall be required to undergo additional regional review shall be governed by the provisions of Chapter 380, Florida City of Miami Page 2 of 4 File Id: 09-00974ct (version: 3) Printed On: 3/17/2015 File Number: 09-00974ct Enactment Number; 13144 Statutes and Chapter 28, Florida Administrative Code (F.A.C,), as such may be amended from time to time, pursuant to the designation of the Health District as a Regional Activity Center. The following maximum thresholds shall apply: (1) Maximum thresholds shall be consistent with Rule 28-24.014, F.A.C., as such may be amended from time to time. Residential: Maximum units consistent with Rule 28-24.014 F.A.C. Commercial: Maximum square feet consistent with Rule 28-24.014, F.A.C. Office: Maximum square feet consistent with Rule 28-24.014, F.A.C. Hotel: Maximum units consistent with Rule 28-24.014, F.A.C. *II Section 4, The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on first reading for review under Section 163.32465, Florida Statutes, and after its adoption on second reading pursuant to Section 163.32465, Florida Statutes to: the Secretary, Florida Department of Community Affairs and any other entity or person as required by law. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to Section 163.32465(6)(g), Florida Statutes.{2} Section 7. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. Footnotes: City of Miami Page 3 of 4 File Id: 09-00974ct (Version: 3) Printed On: 3/17/2015 File Number: 09-00974ct Enactment Number:: 13144 {1} Words and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective upon override of the veto by the City Commission and when found in compliance pursuant to Chapter 163, Part II, Florida Statutes. City of Miami Page 4 of 4 File Id: 09-00974ct (version: 3) Printed On: 3/17/2015 City of Miami Legislation Resolution: R-14-0086 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number 14-00073 Final Action Date: 3/13/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING THE CREATION OF THE MIAMI WORLDCENTER COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY MIAMI WORLDCENTER GROUP, LLC, AND THEIR AFFILIATES AND SUBSIDIARIES ("DEVELOPER") FOR THE TWENTY-FIVE (25).+/-ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHEAST 11TH STREET, ON THE SOUTH BY NORTHEAST 6TH STREET, ON THE EAST BY NORTHEAST 2ND AVENUE, AND ON THE WEST BY NORTH MIAMI AVENUE, MIAMI, FLORIDA, WITH THE EXCEPTION OF THE PARCELS LISTED ON EXHIBIT "A" ("EXCLUDED PARCELS"), ATTACHED AND INCORPORATED; ENCOURAGING THE MIAMI-DADE COUNTY COMMISSION TO APPROVE A PETITION SUBMITTED BY THE DEVELOPER TO CREATE THE CDD CONSISTENT WITH THE DEVELOPMENT AGREEMENT. WHEREAS, pursuant to Resolution No. 08-0658, adopted November 13, 2008, the Miami WorldCenter Group, LLC, and their affiliates and subsidiaries ("Developer") and the City of Miami ("City") entered into a Development Agreement ("Agreement"); and WHEREAS, pursuant to Ordinance No, 13039 adopted November 13, 2008, the City Commission approved the Rezoning of the Site from SD-16.1 to SD-16.3 ("Rezoning"); and WHEREAS, on October 22, 2009, Ordinance No. 13114 ("Miami 21") was adopted as the new Zoning Ordinance for the City; and WHEREAS, the regulations for SD-16.3 were carried over into Appendix D of Miami 21; and WHEREAS, consistent with the Agreement, the Rezoning, and Miami 21, the City is committed to facilitating the (re)development of the twenty -five+/ -acre site ("Site") with a large-scale urban infill development, which shall include substantial public open spaces, enhanced pedestrian areas, and enhanced access to mass transit facilities, known as the Miami WorldCenter Project ("Project"); and WHEREAS, consistent with the Agreement, the City supports the creation of the Miami WorldCenter Community Development District ("CDD") to assist in funding and constructing various onsite and offsite infrastructure and related public improvements for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission supports the creation of the CDD by the Developer, for the Site bounded on the North by Northeast 11th Street, on the South by Northeast 6th Street, on the East City of Miami Page 1 of 2 File Id: 14-00073 (Version: 1) Printed On: 3/17/2015 File Number: 14-00073 Enactment Number: R-14-0086 by Northeast 2nd Avenue, and on the West by North Miami Avenue, Miami, Florida, with the exception of the Excluded Parcels, listed on Exhibit "A", attached and incorporated. Section 3. The City Commission encourages the Miami -Dade County Commission to approve a petition submitted by the Developer to create the CDD consistent with the Agreement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 14-00073 (Version: 1) Printed On: 3/17/2015 EXHIBIT "A" EXCLUDED PARCELS BLOCK FOLIO NUMBER ADDRESS 18 01-0101-080-1020 60 NE 11 ST 01-0101-080-1030 50 NE 11 ST 01-0101-080-1040 34 NE 11 ST 01-0101-080-1050 30 NE 11 ST 01-0101-080-1060 20 NE 11 ST 01-0101-080-1070 1035 N MIAMI AV 01-0101-080-1160 100 NE 1 AV 01-0101-080-1150 63 NE 10 ST 01-0101-080-1140 ■ 53 NE 10 ST 01-0101-080-1080 1001 N MIAMI AV 01-0101-080-1100 21 NE 10 ST 01-0101-080-1130 45 NE 10 ST 19 01-0103-090-1150 f/a/u 01-0101-090-1011 Miami Dade Transit Parcel N7C 1040 NE 2 AV 01-0103-090-1150 f/a/u 01-0101-090-1141 Miami Dade Transit Parcel N7A 1020 NE 2 AV 23 01-0102-030-1190 GINE 9 ST 01-0102-030-1180 53 NE 9 ST 01-0102-030-1170 45 NE 9 ST 01-0102-030-1160 35 NE 9 ST 01-0102-030-1150 27 NE 9 ST 38 01-0103-080-1050 50 NE 9 ST 39 01-0103-090-1150 f/a/u 01-0103-090-1011 Miami Dade Transit Parcel N5D 800 NE 2 AV 01-0103-090-1150 f/a/u 01-0103-090-1150 Miami Dade Transit Parcel NSA 850 NE 2 AV 1 MIA 183681718v1 BLOCK FOLIO NUMBER ADDRESS 42 01-0104-020-1120 717 NE 1 AV 58 01-0105-080-1110 55 NE 6 ST 01-0105-080-1100 45 NE 6 ST 01-0105-080-1090 33 NE 6 ST 58/59 01-0100-000-0550 FEC ROW 59 01-0103-090-1150 f/a/u 01-0105-090-1021 Miami Dade Transit Parcel N3C 170 NE 7 ST 01-0103-090-1150 f/a/u 01-0105-090-2090 Miami Dade Transit Parcel N3A 175 NE 6 ST 01-0105-090-2080 169 NE 6 ST 01-0105-090-2070 165 NE 6 ST 01-0105-090-2060 155 NE 6 ST 01-0105-090-2050 147 NE 6 ST 01-0105-090-2040 135 NE 6 ST 01-0105-090-2030 125 NE 6 ST 01-0105-090-2020 119 NE 6 ST 01-0105-090-2010 601 NE 1 AV 2 MIA 183681718v1 Miami WorldCenter CDD Boundary MIA 183681576v1 City of Miami Legislation Ordinance: 13483 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01015zt1 Final Action Date: 9/29/2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING APPENDIX D, TITLED SD-16.3 MIAMI WORLDCENTER, TO MODIFY CERTAIN DESIGN STANDARDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 13, 2008, the City Commission adopted Ordinance No. 13038, creating the 25 +/- acre zoning district entitled SD-16.3 "MIAMI WORLDCENTER", as amended; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Miami 21 Code, the •Zoning Ordinance of the City of Miami, Florida, as amended, incorporating SD-16.3 as Appendix D: Miami Worldcenter; and WHEREAS, the "Miami Worldcenter" project integrates public improvements and infrastructure while providing greater flexibility resulting in higher quality architecture and design; and WHEREAS, transformative projects such as Miami Worldcenter are critically important to the economic revitalization and enhancement of the City of Miami Downtown area; and WHEREAS, the amended "Miami Worldcenter" Development Standards will benefit the area by promoting the development of a significant mixed -use community in the City's Urban Core inclusive of a retail commercial center, residential units, hotel rooms, multiple central open plazas promoting interaction with existing uses including but not limited to, Biscayne Boulevard, Park West, Southeast Overtown, Miami River, and Downtown; and WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting of September 3, 2014, Item No. PZAB. 3, following an advertised hearing, adopted Resolution No. PZAB-R-14-056 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the update of the Appendix D: Miami Worldcenter text amendment; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the generalwelfare of the City of Miami and its inhabitants to amend Ordinance No. 13114 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. The "Appendix D: Miami Worldcenter", as amended, inclusive of the Amended Zoning Regulations and the Development Standards, as approved, shall be binding upon any City of Miami Page 1 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015ztl Enactment Number: 13483 development project within the district boundaries. Section 3. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Appendix D in the following particulars {1}: "APPENDIX D: MIAMI WORLDCENTER" MIAMI WORLDCENTER The Miami Worldcenter (hereinafter also referred to as the "SD 16,3 Miami Worldcenter area") is generally bounded by NE 2nd Avenue on the east, North Miami Avenue on the west, NE 11th Street on the north, and NE 6th Street on the south, excluding the areas generally described as "The Club District" and the "Network Access Point of the Americas (NAP Center)". The boundaries are more specifically identified in Map 1, as included in the Development Standards. 16.12.1 Section 1 MIAMI WORLDCENTER GOALS The conservation goals include conserving energy and reducing carbon dioxide emissions through improved street connectednee to encourage improving pedestrian connectivity and encouraging walkability, multi -modal mass and transit use, increased increasing tree canopy, new public spaces, and encouraging green buildings. 16.12.1.1 Section 1(a) The development goals include: a. 1. Establishing specific areas that are compact, pedestrian -oriented and mixed -use. Increased density and intensity of use is encouraged due to the proximity of current and proposed transit service and appropriate building densities and land uses should occur within walking distance of transit stops. . 2. Maintaining the future growth of downtown infill redevelopment ensuring Miami's focus for the region's economic, civic, and cultural activities. 3. A Creating a diversity of uses distributed throughout the selected specific area of an existing District that enables a variety of economic activity, workplace, residences residential, and civic space. Civic and commercial activity should be embedded in the mixed -use District as identified in the Intent for SD 16, 16.1, 16.2 the Southeast 4vertown Park West Commercial -Residential Districts. d- 4. Reinforcing community identity through thoughtful placement of civic and public gathering spaces chould be located to rcinforcc community identity. e. 5. Constructing Sbuildings and landscaping that contribute to the physical definition of Thoroughfares as civic places. f 6. A specific area + ,—existing—District that inolud'es Establishing a framework of transit and pedestrian systems that accommodates automobiles while respecting the pedestrian and the special form of public spaces. g-7. Ensuring that private development contributes to infrastructure and embellishes promotes a pedestrian and transit friendly public and private realm of the highest quality. 16.12.1.2 Section 1(b) The Miami Worldcenter Design Development Standards ("Design Development Standards") and the Miami Worldcenter Regu lating Plan ("Regulating Plan") provide are intended to provide context and illustrative examples of permitted and compatible development of the SD 16.3 Miami Worldcenter area and are incorporated herein by reference. 16.12.2 Section 2 EFFECT OF SD 16.3 MIAMI WORLDCENTER AREA DESIGNATION The SD 16.3 Miami Worldcenter Master Plan Design Development Standards and the regulations herein shall supplant those otherwise in conflict with the Miami 21 Code. districts or portions of districts included within the SD 16 Special District boundaries to the extcnt indicated herein. Unless stated otherwise herein, these regulations supersede any provisions within the Miami 21 Code. City of Miami Page 2 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number.: 13483 16.12.3 CLASS II SPECIAL PERMIT Section 3 WARRANT 16.12.3.1 Section 3 (a) When required A Class II Special Permit Warrant shall be required prior to approval the issuance of any a building permit for: (1) any development which seeks a deviation from the standards in this Appendix D; (2) a development which substantially affectsing the height, bulk mass, location, or exterior configuration of any existing building; (3) the construction of a new building; or for the implementation of signage, awnings, fences, or any other improvement visible from a public right-of-way. 16.12.3.2 Section 3(b) Considerations in making Class II Special Permit determinations The purpose of the Class II Specs Permit Warrant shall be to ensure conformity of the future development applications with the Appendix D, as amended, keeping in mind the expressed intent of Sec. 616. SD 16, 16.1, 16.2, the Southeast Overtown Park West Commercial -Residential Districts, with the general considerations listed in Section 1305, Article 4, Table 12 and with the special considerations contained in the Miami Worldcenter Master Plan Design Development Standards and Regulating Plan incorporated herein by reference. A Traffic Study shall only be required in connection. with: (1) an original Warrant application for a new Building; or (2) modifications to approved Buildings where the proposed use(s) is substantially different from that originally approved. 16.12.3.3 Section 3(c) Waiver of Design Standards Special District Permit Minor Modifications & Modifications to Approvals Pursuant to Sec. 1512, unlecc otherwise required by the SD 16.3 Miami Worldcenter area, ac, incorporated by reference (collectively, "Deign Guidelines and Standards"), may be waived by the Planning Director pursuant to a Class II Special Permit . Waivers —by —the —Planning Director—fer- numerically measured Design Guidelines and Standards may not vary more than twenty percent (20%) from the numeric standard. (1) Unless otherwise required by these Development Standards, as amended, the Zoning Code of the City of Miami, as amended, or the Florida Building Code, as amended, these Development Standards may be modified by the Planning Director, or his or her designee, pursuant to a Special District Permit ("Special District Permit"). The Zoning Administrator, or his or her designee, may waive or modify any provision of these Development Standards, up to ten percent (10%), by Special District Permit, except Density, Intensity or Height, on a case by case basis, when doing so will promote the intent of the Miami Worldcenter or these Development Standards. All applications for a Special District Permit shall be submitted in writing to the Zoning Administrator, detailing the need for the modification or correction, as the case may be, together with a fee detailed in the City's adopted fee schedule. Special District Permit applications shall be reviewed by the Zoning Administrator within fifteen (15) days of submission, and shall be referred to the Planning Director, or his or her designee, within five (5) days after the expiration of the initial fifteen (15) day review period. If the requested relief or modification to these Development Standards is determined to be in compliance with the intent of these Development Standards, the Planning Director shall approve the Special District Permit. Special District Permit applications may be filed in connection with a new building or in connection with the modification of a previously issued approval, including, but not limited to a Warrant. (2) The Planning Director, or his or her designee, may authorize variations or modifications to this Ordinance, including these Development Standards, up to a maximum of twenty percent (20%) by Warrant, on a case by case basis, when such variation would promote the intent of these Development Standards, or is otherwise found by the Planning Director to be appropriate given the particular facts and circumstances of the Warrant application. (3) An applicant may modify a Warrant or Special District Permit approved under this Appendix, as a minor modification through the Special District Permit process. Minor Modifications include: 1. Those changes that meet these Appendix D regulations; or 2. Changes in the project phasing; or City of Miami Page 3 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015ztl Enactment Number: 13483 3. An increase in height not exceeding five percent (5%) of the approved height; in no instance can such increase exceed the twenty percent (20%) cumulative increase available by Warrant in Appendix D, as amended. In the event that the modification is determined to be "not minor," a new Warrant shall be required. Modifications available under this Section 3(c) shall not be applicable to the Building Configuration contained in Section 9(a). 16.12.4 Section 4 FLEXIBLE ALLOCATION OF DEVELOPMENT CAPACITY When—pProperty within the SD 16.3 Miami Worldcenter area containing nine or more contiguous acres r n floor area within the project may --be allocated b tshe—owner to individual —building ite enstrained by the FAR for any individual site may be subject to a Covenant(s) in Lieu of Unity of Title in a form approved by the City and the City Attorney ("Covenant in Lieu"), which permits flexible allocation of Density and Intensity for sites within the Miami Worldcenter area so long as the overall FAR Height and mass distribution does not result in development that is out of scale or character within the permitted Building envelope(s). The Covenant in Lieu shall be consistent with development allowed under the land development regulations for the Miami Worldcenter area, °r for the adjacent areas, and the Miami Comprehensive Neighborhood Plan. allocates FAR sSufficient FLR must be allocated to build structures —to a minimum of two (2) stories on all parcels within the project except °Open sSpace and Civic sSpace sites, and provides all SD 16.3 Miami Worldcenter area requirements, including open space, civic space, and parking. •1G 12 A �1 Maier I Ice Special Permit uco uses, exceeds two million square feet. 16.12.5 Section 5 DEFINITIONS For the purpose of the SD 16.3 Miami Worldcenter area, the following definitions shall apply: Terms not defined herein shall have the meaning provided in Miami 21 Article 1 Sec.2502 of thc Zoning Ordinance of the City of Miami ("Zoning Ordinance"). Accesswav: An ingress/egress easement for pedestrian and vehicular access as designated by a recorded plat, deed, or other legal instrument. Abutting: to reach or touch; to touch at the end or bo contiguous with; join at the border or boundary terminate on. Abutting properties include properties across a street or alley. Arcade: A covered pedestrian outdoor space along thc any side of a Building at the ground level that is open on three (3) sides and has a minimum width of fifteen (15) feet foot depth-, which may provide access to shops along one (1) or more sides, per the Design Development Standards. Architectural Screening Laver: An architectural treatment along the face of a building facade intended to conceal all internal building elements such as ramping, plumbing pipes, fans, ducts, ceilings, slab edges, and lighting. An Architectural Screening Layer is required for any parking garage or portion thereof that is not concealed by a Liner. Back of Curb Line: A straight building reference lino established at thc back of the street curb that does not offset for projections into the strcct such as bulb outs or tree planting areas, as shown in Table 3 and in the Regulating Plan and Design Standards. City of Miami Page 4 of 14 File Id: 08-01015ztl (Version: 3) Printed On: 3/17/2015 File Number; 08-01015ztl Enactment Number: 13483 Balcony: An unencloscd habitable structure cantilevered from or inset within a facade or elevation. Thorough fares. lot lines, and height. Building Disposition: The placement of a Building on its lot. Building Use: The uses accommodated by a Building and its lot. Building Height: The vertical extent of a building measured in Stories. be located. Civic Space: An outdoor area provided or dedicated for public use in perpetuity by fee title or easement. Civic Space types are defined by the combination of certain physical constants including the relationship between their intended use, their size, their landscaping, and their enfronting buildings. See Table 2 a Design of the Development Standards. Courtyard: Open space, partially defined by walls or buildings as regulated by the SD 16.3 Miami Worldcenter area. See Design Development. Standards. Design Speed: The speed at which a Thoroughfare is designed to be driven. Development Standards: Those standards attached hereto and incorporated herein, inclusive of the Regulating Plan, Street Designs, Building Designs, and applicable Tables. Display Windows: Areas of storefront glazing that are designed to display items for sale within the retail space behind the display. Elevation, Floor: Height of floor level. Enfront: To place an element along a Frontage, as in "porches enfront the street." Entrance, principal: The main point of accc" of pedestrians into a Building. Facade: The exterior wall of a building that is set along a Frontage Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured to the exterior of the walLor balcony excluding Balconies. Frontage: Lot face abutting a public space, such as a Thoroughfare, whether at the front, rear, or side of a lot. Gallery: A covered pedestrian area abutting the any side of a building on the ground floor which may provide access along one (1) or more sides of a building, Green Space: aAn outdoor Open Space outdoor&, at grade, unroofed, landscaped, and free of impervious surfaces. City of Miami Page 5 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number: 13483 storage facilities, warehouses, and display windows separated from retail activity. Height: See Building Height. Infrastructure and Utilities: A facility related to the provision of roads, water and sewer lines, electrical, telephone and cable transmission, and all other utilities and communication systems necessary to the functioning of a community. Layer, First: The area between the Back of Curb Line and the Build -to Line Base Building Line and the required setback as shown in the Design Development Standards. Layer, Second: Twenty feet (20) siteward from the Build to Line. I a ier Th° d: That portio of the lot that ,6. not within the First and Second I odor n Layer: A range of depth of a lot within which certain elements are permitted as regulated in the SD 16.3 Miami Worldcenter area, as provided in the Design Development Standards. Liner: A building or part of a building with Habitable Space specifically designed to enfront a public space, masking a use that has no capacity to monitor public space, such as a parking lot, parking garage or storage facility. Master Sign Package: The Master Sign Package shall allow buildings exceeding 200,000 square feet of Building Floor Area, mixed use developments over four (4) stories, entertainment establishments, and Civil Support Uses exceeding 200,000 square feet of Building Floor Area greater flexibility in Sign regulations to result in a higher or specialized quality of design. A Master Sign Package shall include a plan view of each block indicating location of each sign type on each level and specifications for each sign type. Open sSpace: Any parcel or area of land or water, located at the ground level floor, essentially unimproved by permanent buildings, and any ground floor level area of Galleries, Arcades, and Paseos, as depicted in the Development Standards, which is and set aside, dedicated, or otherwise designated or reserved for public use or enjoyment, or private use or enjoyment or for the use and enjoyment of by the owners and occupants of land adjoining or neighboring such open spaces. Open Space includes the ground floor level of Galierie. , Arcades and covered and uncovered paseos. parking systems. Paseo: An access way public open space restricted limited to pedestrian use and limited controlled vehicular access that connectings streets, plazas, alleys, garages, and other public use spaces. Paseos must have a minimum width of 20 feet and may be enclosed or otherwise secured. Paseos will remain open to the public during regular business hours but may be secured during non -business hours. Podium: That portion of a building up to the eighth Story 129 feet, as measured from the average elevation of the crown of the adjacent right-of-way. Porte Cochere: A vehicular entrance/drop-off area that includes a canopy element and a driveway that extends into the First Layer. Public Benefits Bonus: aAn advantage that allows a developer to increase AS FLR by an additional 7050% of FLR capacity within the district Miami Worldcenter area in exchange for the developer's contribution to specified programs that provide benefit, advantages, and increased use and enjoyment of the district to the public. City of Miami Page 6 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 Fie Number: 08-01015ztl Enactment Number: 13483 Public Parking: A structured parking facility or portion thereof or garage available to the general public for parking motor vehicles and bicycles. Roof Structure: A structure above the Podium as described in the Development Standards. Signature Tower: The Miami Worldcenter Signature Tower shall be a distinct and unique Tower to be located on Tract A of the Miami Worldcenter Plat which shall front on NE 1st Avenue and maintain a minimum distance of 100 feet from any other Tower located on Tract A as shown on the Regulating Plan within the Development Standards. Setback: The distance from a specified reference Tine to the point where a building may be constructed. Story: A level within a building by which Height is measured. Special District Permit: The Special District Permit shall be an administrative permit as described in Section 3(c) of this Article. Stepback: Offset in the facade of the Podium as depicted in the Development Standards. Street Corridor: The space defined by the Streetwall (building facades) and the ground plane in between the Streetwalls. Streetscapc: The urban element that establishes the major part of the public realm. The streetscape elevations, yards, fences, etc.). Streetscreen: A freestanding wall no greater than eight (8) feet high built along the Frontage Build to line, or co -planar with the Facade, often for the purpose of masking a parking lot or other structure from the Thoroughfare. Streetwall: Refers to the facades of buildings up to the first eight stories of the Podium that face a Thoroughfare, as provided in the Design Development Standards. Streetwalls shape the level of visual interest on each block and create a sense of enclosure for pedestrians . Streetwall height is measured from the average grade of the sidewalk level to the first building Setback from the Build to Line Base Building Line, as shown in the Design Development Standards. Tract A: The area encompassed and depicted in the Miami Worldcenter Plat and generally bounded by NE 10th Street on the north, NE 7th Street on the south, NE 2nd Avenue on the east, and NE 1st Avenue on the west and as shown on the Regulating Plan in the Development Standards. Thoroughfare: A vehicular way incorporating travel lanes for vehicles, parking lanes for cars, and sidewalks or paths for pedestrians as part of an interconnected network for vehicular and pedestrian mobility. Tower: That portion of a building that extends above the Podium, excluding Roof Structures as described in the Development Standards. adjoining public sidewalk. Ti w Corridor: aialiew tr i atin . „n a nuisterial,pecial feature, 6 Section 6 LOTS AND FRONTAGES 16.12.6.1 Section 6 (a) Buildable sites shall Enfront a vehicular Thoroughfare or Civic Space with at City of Miami Page 7 of 14 File Id:: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015ztl Enactment Number: 13483 least one (1) Frontage as depicted in the Design Development Standards and Regulating Plan. 16.12.6.2 Section 6 (b) For the purposes of the SD 16.3 Miami Worldcenter area, lots are divided into Layers which control development on the lot. 16.12.6.3 Where the property to be developed abuts an existing building, the Planning Director may approve, pursuant to a Clay. II Special Permit, a transition co that the proposed building location 16.12.7 Section 7 MEASUREMENT OF HEIGHT 16.12.7.1 Section 7 (a) Unless otherwise specified herein, the Height of Buildings shall be measured in Stories. The 11-leight of fences, walls, and hedges shall be measured in feet. The Height of Building facades facing the street, fences, walls,, and hedges shall be measured from the Average Sidewalk Elevation or Base Flood Elevation as established by FEMA. 16.12.7.2 Section 7(b) A Story is a habitable level within a Building. Except as otherwise provided in this ®Ordinance, the maximum 1Height of a Story from finished floor to finished floor is 14 feet. Below grade levels Basements that are fully below -grade are not considered Stories for the purposes of determining Building Height. 16.12.7.2.1 Section 7(b)(1) A ground level retail Story may exceed the 14 foot limit up to 25 feet. A retail single floor level cx cccding 20 feet, or 25 feet at ground level, shall be counted as 2 Stories. Where the first two (2) Stories are contain retail uses, their total the maximum combined hHeight shall be limited to -39 40 feet and the first floor shall be a minimum of 14 feet. Where the first three (3) Stories are retail, their total maximum combined 14Height shall be 59 60 feet and the ground floor and second floor shall be a maximum of 39 40 feet in combined floor to floor iHeight. The three (3) retail'_ floors shall be counted as three (3) Stories, and the total finished floor to finished floor l Height of the Podium shall not exceed 129 feet. 16.12.7.2.2 Section 7(b)(2) Single floors within +n a Podium above ground level used for public functions, such as ballrooms, meeting rooms, convention halls, classrooms, lecture rooms, theaters, and sports facilities may have a single Story floor to floor Height up to a maximum of 60 feet. The total finished floor to finished floor #Height of the Podium shall not exceed 129 feet. 16.12.7.2.3 Section 7(b)(3) Mezzanines are permitted. Mezzanines extending beyond larger than thirty-three percent (33%) of the #Floor aArea of the floor plate Floorplate below shall be counted as an additional floor. 16.12.7.2.4 Section 7(b)(4) A Parking Structure or a portion of a structure containing parking, concealed by a Liner or aArchitectural clement Screening Layer as provided in the Design Stan dards and Regulating Plan may be equal to the Height of the Podium, without regard for the number of Stories in the Parking Structure as further defined in the Development Standards. 16.12.7.3 Section 7 (c) Building Heights shall be measured in Stories and shall conform to Table 3 of the Design Development Standards. First -floor elevation shall be at average Sidewalk grade. A first level Residential use or Lodging use shall be raised a minimum of two (2) feet and a maximum of three and a half (3.5) feet above average sidewalk street grade, except that entrance lobbies and public spaces may be at sidewalk level. 16.12.7.3.1 Section 7(c)(1) Except as specifically provided herein, the Height limitations of the SD 16.3 Miami Worldcenter area shall not apply to (1) any roof Structures for housing elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the Building (provided that such Structures shall not cover more than twenty-five percent (25%) of roof area and shall not exceed the maximum Height by 141 feet; (2) water towers, flagpoles, vents, or similar Structures, which may be allowed to exceed the maximum Height by Class II Special Permit Warrant; or (3) fire or parapet walls. -Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to fourteen (14) feet. City of Miami Page 8 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number• 13483 16.12.7.3.2 Section 7(c)(2) Except as provided in Subsection 16.12.7.E 7(d)T there shall be no @Height or coverage limits for (1) non-functional decorative architectural elements and (2) solar or wind energy collectors. 16.12.7.4 Section 7(d) No Building or other Structure shall be located in a manner or built to a Height which constitutes a hazard to aviation or creates hazards to persons or property by reason of unusual exposure to aviation hazards. In addition to any Height limitations established by the SD 16.3 Miami Worldcenter area, limitations established by the Miami -Dade County Height Zoning Ordinance as stated in Article 37 of the Code of Miami -Dade County (Miami International Airport), as may be amended from time to time, shall apply to Heights of Buildings and Structures. A letter authorizing clearance from the Miami -Dade Aviation Department OF and the Federal Aviation Administration (FAA) may shall be required by the Zoning Administrator prior to the issuance of any Building permit. 16.12.8 Section 8 BUILDING DISPOSITION 16.12.8.1 Section 8(a) Improvements on newly platted lots shall be dimensioned according to Table 3 incorporated herein by reference of the Development Standards. 16.12.8.2 Section 8(b) Lot coverage by any Building shall not exceed that shown in Table 3 incorporated herein by refer encc of the Development Standards. 16.12.8.3 Section 8(c) Buildings shall be disposed in relation to the boundaries of their lots according to Table 3 of the Development Standards incorporated herein by reference and the Regulating Plan. 16.12.8.1 Section 8(d) Buildings shall have their principal pedestrian entrances on a Frontage Build to Linc or from a sCourtyard at the Second Layer as depicted in the Design Development Standards. 16.12.8.5 Section 8(e) For the first two (2) sStories, Facades shall be along the Frontage a minimum of seventy percent (70%) of its length en addressing the Build to Linc Setback Line as shown in Table 3 of and in the Design Development Standards. 16.12.8.6 Section 8(f) At the first Story, Facades along a Frontage Build to Linc shall have frequent doors and windows as provided in the Design Development Standards. Vehicular entries should be minimized to the maximum extent possible consistent with the level of use and shall occur at a minimum spacing of sixty (60) feet unless a shorter distance is approved daeeve4 by Class II pedal Permit Warrant. 16.12.8.7 Section 8(q) Setbacks from the Back of the Curb Line Base Building Line for Buildings shall be as shown in Table 3 incorporated herein by reference and the Regulating Plan of the Development Standards. Setbacks from the Back of Curb Linc Base Building Line may be adjusted to conform to an existing adjacent building location by Cia€c II Special permit Warrant. Frontage Setbacks from the Build to Linc Base Building Line above the cighth floor Podium where for lots having have one dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Class 11 Special permit Warrant. Lots abutting the FEC Railway and the Metromover Rail may have a zero (0) foot Setback for the Podium and Tower. The Frontage Setback from the Build to Linc Base Building Line shall not be required for a Frontage facing a Pedestrian Promenade, Plaza, Civic Space, or a Street Corridor 00--70 feet or greater in width, as provided in the Regulating Plan and Design Development Standards. A heavily landscaped and Streetscreened outdoor vehicle storage area may be located on NE 10th Street between North Miami Avenue and NE 1st Avenue, by Warrant, having a reduced parking placement Setback of only ten (10) feet on all frontages. 16.12.8.8 Section 8(h) Above the eighth floor Podium, minimum building Tower spacing is sixty (60) feet, except the Signature Tower which shall be spaced a minimum of one hundred (100) feet, Tower to Tower. For lots having one (1) dimension of one hundred (100) feet or less along a street Frontage or its longest depth, side and rear Setbacks from non -Frontage lot lines above the cighth floor Podium may be reduced to a minimum of twenty (20) zero (0) feet by Cla. II Special Permit Warrant. Above City of Miami Page 9 of 14 File Id: 08-01015ztl (Version: 3) Printed On:.3/17/2015 File Number: 08-01015zt1 Enactment Number: 13483 space may be allowed without additional Setback from the Build to Line to accommodate depth of swimming pools, landscaping, transfer b ms, and other structural and mechanical systems and will not count as FAR area Section 8(i) Above the Podium, additional habitable space shall be permitted as described in the Development Standards, Roof Structures. 16.12.9 Section 9 BUILDING CONFIGURATION 16.12.9.1 Section 9(a) Above the eighth floor Podium, the maximum Building Tower Floorplate dimensions shall be limited as follows: detailed below. Length of Building shall be measured parallel to the Frontage Line. a. 18,000 20,000 square feet for Residential Uses. b. 30,000 square feet for Commercial Uses and for parking. c. Vertical mixed -use buildings with at least 33 ten percent (10%) of the Tower floors having 1n--Commercial Uses may use the 30,000 square foot Floorplate average for the entire Tower. d. 180 feet maximum length of a side for -Reside nt al Uses. e. d. 225 200 linear feet maximum Tower length of a side for Commercial Uses or Residential Uses. e. 22,500 square feet for Residential Uses and 225 linear feet maximum Tower Floorplate length of a side for Residential Uses on Tract A. f. The Signature Tower may contain a Floorplate of up to 27,500 square feet and may have a maximum Tower length of 275 linear feet. 16.12.9.2 Section 9(b) Projections into the First Layer shall be as follows: Above the first story, up to 1/2 of the Streetwall #Facade may project up to six (6) feet into the First layer; Entry canopies may project up to one hundred percent (100%) of the depth of the First Layer, except as may be further allowed by Chapter 54 of the City Code; Canopies and cantilevered awnings may project into the First Layer up to 15 feet; Above the first Story, cantilevered laBalconies and bay windows may project a maximum six (6) feet into the First Layer; Above the Streetwall, laBalconiesand bay windows may project up to six (6) feet into the setback from the Streetwall; Roof cantilevers, trellises,, and crowns may project up to 15 feet into the First Layer and be elevated one eStory above the roof terrace; and, Facade components promoting energy efficiency such as shading and Screening devices that are non -accessible may project a maximum of four (4) feet into the First Layer. 16.12.9.3 Section 9(c) Galleries and Arcades shall be a minimum of 15 feet wide deep and, notwithstanding any provisions to the contrary in Ordinance 11000, as amended, or the Code of the City of Miami, as amended may overlap the whole width of the Sidewalk to within two (2) feet of the curb, except where the Gallery or Arcade is located under the Miami -Dade County Transit System, then the Gallery or Arcade may be reduced in conformance with that permitted by the Miami -Dade County Transit Authority. The l*Ieight of an aArcade, measured to its lowest pqint, shall be no less than its width. 16.12,9.4 Section 9(d) All 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. 16.12.9.5 Section 9(e) Loading .Ddocks and service areas shall be internal to the building served. Required Loading Spaces may be reduced by process of Warrant upon submittal of a shared service management plan. Vehicular entries to loading docks and service areas shall be as provided in the Design Development Standards, Parking, Loading, and Service Access Diagram. 16.12.9.6 Section 9(f) All ground floor 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 above the f+rst second City of Miami Page 10 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number.' 13483 floor as shown described in the Design Development Standards, Services and Utilities. Rooftop equipment, except antennas, shall be screened from lateral view. 16.12.9.7 Section 9(q) Within the Second and Third Layers, fences, walls and hedges shall not exceed a height of eight (8) feet; this limitation shall not apply on top of the Podium. 16.12.10 Section 10 BUILDING USE & DENSITY 16.12.10.1 Section 10(a) Principal and accessory uses of Buildings shall conform to Article 4, Table 3, Building Function: Uses, for T6-O, Urban Core. respectively. All uses permitted by Right (R), shall continue to be permitted by Right. Open Air Retail (excluding Flea Markets), Large Scale Retail Establishments, College/University, and Community Facilities shall also be permitted by Right. Alcohol Beverage Establishments shall be permitted pursuant to Chapter 4 of the City Code. All other uses shall conform to the necessary approval as described in Article 4, Table 3. 16.12.10.2 Section 10(b) Densities are permitted in accordance with Article 4, Diagram 9, Residential Density Increase Areas within the Park West District as amended. Lot Area, inclusive of dedications, is used for purposes of calculating Density and Intensity. and Intensities shall conform to Table 3 incorporated heroin by reference be equivalent to the following: Floor Lot Ratio (FLR) (18)/50% additional Public Benefit 16.12.1 that is entirely below the elevation of the sidewalk, to balconies or terraces, or to same store retail 16.12.11 Section 11 PARKING STANDARDS 16.12.11.1 Section 11(a) The required parking shall be calculated based on the Habitable Rooms of each Use as follows: USE MINIMUM MAXIMUM Retail and Commercial 1 space/ 1000 sf 1 space/300 sf Office 1 space/ 1000 sf 1 space/ 600 sf Residential 1 space/ dwelling unit 2 spaces/ dwelling unit Hotel 1 space/ 4 guest rooms 1.5 spaces/ guest room Theater 1 space/ 7 seats 1 space/ 3 seats Bicycles 1 rack/ 20 required parking spaces N/A Other 1 space/ 1000 sf 1 space/ 600 sf 16 12 11 1 1 Section 11(b) On -street parking in the SD 16.3 Miami Worldcenter area shall count toward the minimum parking requirements. 16.12.11.1.2 Section 11(c) For residential uses located within 1,000 feet of an existing Metromover stop, no off-street parking is required. Parking may be reduced as described in Article 4, Table 4 of Miami 21, as may be amended. 16.12.11.2 Section 11(d) Vehicular parking design standards and loading shall be required as shown in Table 1 incorporated herein by reference of the Development Standards. 16 12 11 3 Section 11(e) Required Parking and loading i€ encouraged to shall be accessed by--an- Alley when available and otherwise as provided in the Design Standards as detailed on the Parking, Loading, and Service Access Diagram of the Development Standards unless approved by Warrant. 16.12.11.4 Section 11(f) All parking, including open parking areas, covered parking, garages, Lloading City of Miami Page 11 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number: 13483 9docks, and service areas shall either be located within the Third Layer or shall be masked from the Frontage by: (1) an aArchitectural &Screening )Layer per Sec. 16.12.12.1 below 12(d), (2) a Liner, Building or (3) a Streetscreen, as illustrated in the Design Development Standards and in a design to be approved by the Planning Director. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the sidewalk. Ramps to underground parking shall be within the Second or Third Layers. 16.12.11.5 Section 11(q) The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than 45 feet and the minimum distance between vehicular entrances shall be sixty (60) feet —A - ten percent (10%) deviation may be approved by Class II Special Permit. 16.12.12 Section 12 ARCHITECTURAL STANDARDS 16.12.12.1 Section 12(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 provided by Article 9 Chapter 62 of the City Code. 16.12.12.2 Section 12(b) The Facades on Retail Frontage:, Frontage Lines shall be detailed as storefronts and glazed with clear glass beginning no more than 30" —above the sidewalk and extending no less than seventy percent (70%) of the length of the sidewalk -level Story and any second floor facade containing pedestrian active use as provided in the Design Development Standards,, except retail establishments with a ground floor area of 35,000square feet, or more shall be detailed as storefronts and glazed with clear glass beginning no more than 30" above the sidewalk and extending no less than fifty percent (50%) of the length of the unencumbered Facade. Display Windows 44 on Retail Frontages Frontage Lines must be a minimum of three (3) feet in depth, must include three-dimensional displays, should include visibility into the retail space, and must be accessible from the insides stated herein. Display Windows are areas of storefront glazing that are Security screens shall be seventy percent (70%) open. 16.12.12.3 Section 12(c) Roof materials should be light-colored, high albedo, or planted surface and shall be designed in accordance with the regulations in Section 3.13.2 of Miami 21, 16.12.12.4 Section 12(d) The Facade of a parking garage that is not concealed behind a Habitable Liner shall be screened behind an Architectural sScreening )Layer rece ed at lea t two (2) feet from the outside facc of along the Facade to conceal all internal elements such as plumbing pipes, fans, ducts, ceilings, slab beds edges, and lighting, as illustrated in the Design Development Standards. The architectural expression shall complement and enhance the building. Ramping should shall be internalized wherever possible. Exposed spandrels shall be prohibited. Spandrels that are integrated into the wall system shall be permitted. Spandrels are considered to be integrated when there is no open space adjacent to the spandrel(s); the intent is to integrate the spandrel into the wall system, and to screen interior elements form view. As depicted in the Development Standards, parking may extend into the Second Layer above the second Story if an Architectural Screening Layer is provided for one hundred (100%) percent of that portion of the Podium Facade. 16.12.13 Section 13 LANDSCAPE STANDARDS 16.12.13.1 Section 13(a) The First Layer shall be surfaced and landscaped as shown in the Design Development Standards. 16.12.13.2 Section 13(b) Public eOpen sSpace shall be a minimum ten percent 110%1 of the total gross Net —I Lot --a Area. A minimum of ten percent L10%). of the public open space shall be landscaped, as provided in the Design Development Sandards and Regulating Plan. 16.12.14 Section 14 SIGN STANDARDS Notwithstanding any other provision of the City &Code and Zoning Ordinance 11000, signs shall be City of Miami Page 12 of 14 File Id: 08-01015ztl (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number: 13483 permitted in the SD 16.3 Miami Worldcenter area in accordance with the Development Standards, and consistent with the intent of Article 10, Table 15 of Miami 21, as applicable to T6-0 must bc approved by Class II permit Warrant, either for an individual sign or a Master Sign Package._ Approval of an individual sign or a Master Sign Package, including deviation from Article 10, Table 15 of Miami 21, shall be by Warrant. 16.12.15 Section 15 AMBIENT LIGHTING STANDARDS 16.12.15.1 Section 15(a) Average lighting levels measured at the Building Frontage shall not exceed two (2) foot-candles except where a greater level is approved by a Class II Special Permit Warrant. 16.12.15.2 Section 15(b) Streetlights shall be of a type illustrated in Tthe Design Development Standards. Interior garage lighting fixtures shall not be visible from streets. 16.12.16 Section 16 CIVIC SPACE At least twenty percent (20%) of the requiredpublic eOpen sSpace in the SD 16,3 Miami Worldcenter area shall be assigned to Civic Space, as described in Table 2 incorporated herein by reference and of the Design Development Standards. 16.12.17 Section 17 ALLOWABLE INCREASES IN FAR FLR FOR PROVIDING PUBLIC BENEFITS 16.12.17.1 Section 17(a) The intent of this section is to provide bonus building capacity in the SD 16.3 Miami Worldcenter area in exchange for the developer's contribution to specified programs that provide benefit and enjoyment to the public. A bonus of an additional seventy fifty percent (79 50%) of FAR FLR capacity shall be permitted if the proposed development contributes to the specified programs below in the amount and manner set forth herein in Section 3.14 of the Zonnq Ordinance. The percentage increase shall be based on thc approved square footage for the project, including all bonuses approved pursuant to other provisions of Ordinance 11000 as amended. 16.12.17.2 Affordable/Workforce Housing A developer may acquire bonus floor area up to a maximum of 25% of the total FAR capacity by Fee —he -us- ing, as that termis defined by the City. 122 16.12.7210 Trust and Contributions A developer may acquire one additional square foot of buildable space for each nonrefundable Miami. Future adjustments to the amount of contribution per square foot of buildable space in theSD 63 Worldcenter area hall be consistent wih t per square foot contributions for othcr roperties within the Southeast Overtown / Park West CRA boundary. 16.12.17.2.2 Affordable/workforce housing on the site of the development For each square foot of affordable/workforce housing provided on site, the development shall be 16.12.17.3 Public Open space amount of public open space, thc development shall bc allowed 3.29 times the development capacity connecting two streets, as those spaces arc described in Table 2, or part of the Strectscapc, per the Design Standards. 16.12.17.1 Section 17(b) Sustainability B lld Counc-il--as—L€€D certified. If the —City adepts a s1 stainabilit gram, thc 15% bonus for the minimum standard for thc SD 16.3 Miami Worldcenter or a shall match thc City's minimum standard City of Miami Page 13 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 File Number: 08-01015zt1 Enactment Number: 13483 for certification. Additional increments of FAR capacity provided under the City program for LEED certifications at higher than the—n ,imum standard shall be added to the base 15% established herein. shall post a performance bond in a form acceptable to the City of Miami. The performance bond shall be determined based on the value of land per square foot of building in the area of the City in which the proposed projcct is located, which may bo adjusted from time to time based on markct conditions. the Planning Department. The City will draw down on the bond funds if LEED certification has not been achieved and accepted by the City within one year of the City issuance of the Certificate of performance bond shall be placed in the Affordable Housing Trust Fund. All buildings in the Miami Worldcenter area shall be certified by the United States Green Building Council ("USGBC"), at a minimum, as LEED Silver, or by an equivalent certification agency approved by the City, within a year after obtaining a certificate of occupancy or its equivalent. 16.12.17.5 Streetcar Infrastructure A developer in the SD 16.3 Miami Worldccntcr district may select to contribute and build the as.,oci ated infrastructure for a proposed Miami streetcar system to be placed within the district in exchange for an equivalent bonus into one of the other Public Benefits. 16.12.18 Section 18 of any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. In the event of a conflict between the text of Appendix D and the visual charts, graphics, and maps comprising the Development Standards, the text shall control. * * *II Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted an unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 14 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 3/17/2015 City of Miami Legislation Ordinance: 13498 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 08-01015da2 Final Action Date: 2/26/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE CITY OF MIAMI AND FORBES MIAMI NE 1ST AVENUE, LLC; MIAMI WORLDCENTER HOLDINGS, LLC; AND AFFILIATES AND SUBSIDIARIES OF MIAMI WORLDCENTER HOLDINGS, LLC RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "MIAMI WORLDCENTER" ON APPROXIMATELY ± 24 ACRES, ZONED "MIAMI WORLDCENTER DISTRICT" AND IDENTIFIED AS APPENDIX D OF THE MIAMI 21 CODE, AND LOCATED BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES: RESIDENTIAL, OFFICE, HOTEL, RETAIL, COMMERCIAL, ACADEMIC SPACE, AND ANY OTHER USES PERMITTED BY THE APPLICABLE ZONING DISTRICT REGULATIONS; DESIGNATING EACH BLOCK OF THE DISTRICT AS A RETAIL SPECIALTY CENTER AND ENTERTAINMENT SPECIALTY DISTRICT PURSUANT TO CHAPTER 4 OF THE CITY CODE; AUTHORIZING CERTAIN ENCROACHMENTS INTO CITY -OWNED PUBLIC RIGHTS -OF -WAY PURSUANT TO CHAPTER 55 OF THE CITY CODE; AUTHORIZING DENSITY, BUILDING INTENSITIES, AND BUILDING HEIGHTS ALL IN COMPLIANCE WITH THE MIAMI 21 CODE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WHEREAS, Miami Worldcenter Holdings, LLC, and affiliated parties (collectively "MWC") and Forbes Miami NE 1st Avenue, LLC ("Forbes", and together with "MWC" hereinafter collectively referred to as "Developer"), are the owners of certain real property in the City of Miami ("City") consisting of approximately ±24 acres, zoned SD-16.3 and located between Northeast 6th Street and Northeast 11th Street and between North Miami Avenue and Northeast 2nd Avenue, Miami, Florida; and WHEREAS, on November 3, 2009, MWC and the City entered into a Development Agreement between the Parties, which was approved by the City Commission on November 13, 2008 through Resolution No, 08-0658 ("Initial Agreement"); and WHEREAS, since the time the City Commission unanimously adopted the original Development Agreement, certain modifications and refinements to the master site plan and development program for the Miami Worldcenter project have been made; and WHEREAS, in order for the Developer to pursue approval of the Miami Worldcenter project, the modifications to the zoning regulations must be approved by the City Commission, which approval requires the City to amend and restate the Initial Agreement ("Amended Agreement"); and WHEREAS, the City Commission has reviewed the proposed Amended Agreement and has City of Miami Page 1 of 3 File Id: 08-01015da2 (Version: 2) Printed On: 3/17/2015 File Number; 08-01015da2 Enactment Number. 13498 considered the testimony of all interested parties at the public hearing, the intended use of the land as described in the Amended Agreement, and has considered the health, safety, and welfare of the citizens of the City; and WHEREAS, the City Commission restates and waives the conflict of interest provisions as stated in Resolution No. 09-0360, adopted July 23, 2009, for Nitin Motwani. NOW, THEREFORE, BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Amended Agreement, pursuant to Chapter 163 of the Florida Statutes, between the Developer and the City, relating to the development of approximately ±24 acres in the Miami Worldcenter Special District (Appendix D of the Miami 21 Code, formerly known as SD-16.3) located in the City, for the purpose of redevelopment of such land for a mix of permitted uses, is approved. Section 3. The Amended Agreement is applicable only to properties owned by the Developer and affiliated parties, subject to the development parameters set forth therein. Section 4. The findings of fact set forth in the Amended Agreement are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 5. The Amended Agreement, pursuant to Chapter 4 of the City Code, designates each block of the District as a Retail Specialty Center and Entertainment Specialty District. Section 6. The Amended Agreement, pursuant to Chapter 55 of the City Code, authorizes certain encroachments into City -owned public rights -of -way. Section 7. The City Manager is authorized {1} to execute the Amended Agreement, in substantially the attached form, for said purpose. Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected . Section 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: City of Miami Page 2 of 3 File Id: 08-01015da2 (Version: 2) Printed On: 3/17/2015 File Number: 08-01015da2 Enaclmenl Number: 13498 {1 } The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} This Ordinance shall become effective as specified herein unless vetoes by the Mayor within ten (10) days of the date it was passed and adopted, If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 08-01015da2 (Version: 2) Printed On: 3/17/2015