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HomeMy WebLinkAboutSubmittal-Commissioner Gort-Backup DocumentsSUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Pocket Item Sponsored by Chairman Wifredo (Willy) Gort 15-00729-Submittal-Commisisoner Gort-Backup Documents SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00729 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, SUPPORTING THE CREATION OF A SPECIAL TAXING DISTRICT IN RELATION TO THE DEVELOPMENT OF THE MIAMI WORLDCENTER PROJECT; FURTHER DIRECTING THE MIAMI CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MAYOR OF MIAMI-DADE COUNTY AND THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 18-2 of the Code of Miami -Dade County, Florida, as amended ("County Code"), allows for the creation and establishment of special taxing districts within incorporated areas for the purpose of public improvements as set forth in that section; and WHEREAS, Section 18-3 of the County Code provides the procedure for creating special taxing districts for landscape and irrigation improvements and maintenance, recreational and open space facilities, and any other applicable improvements, and maintenance thereof, within the City of Miami ("City"); and WHEREAS, on September 29, 2014, the City Commission amended Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, amending Appendix D, titled SD-16.3 Miami Worldcenter ("Project") to modify certain design standards; and WHEREAS, on March 26, 2015, the City Commission approved Resolution 15-0153 which provided support for the formation of a Community Development District by Miami -Dade County ("County") contained within the boundaries of the Project; and WHEREAS, in connection with the development of the Project and the creation of the Miami Worldcenter Community Development District ("CDD"), the City expresses its support to the County for the creation of a special taxing district for street lights, landscape and irrigation improvements and maintenance, recreational and open space facilities and any other applicable improvements and facilities, and maintenance thereof, within 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. Section 2. In accordance with Section 18-2 of the County Code, the City expresses its support to the County for the creation of a special taxing district within the Project, for the purpose of providing street lights, landscape and irrigation improvements and maintenance, recreational and open space facilities, and any other applicable improvements, and maintenance thereof, for the Site bounded on the North by Northeast 11 th 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 City of Miami Page 1 of 2 File Id: 15-00729 (Version: 1) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19✓2015. CITY CLERK. File Number: 15-00729 Excluded Parcels, listed on Exhibit "A." Section 3. The City Clerk is hereby directed to transmit a copy of this Resolution to the Mayor of Miami -Dade County and the Miami -Dade Board of County Commissioners. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: VI &ORIA MENDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 15-00729 (Version: 1) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. 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 1000 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 01-0101-080-1015 1025 N MIAMI AV 19 01-0101-090-1110 1001 NE 1 AV 01-0101-090-1100 1019 NE 1 AV 01-0101-090-1120 125 NE 10 ST 01-0103-090-1150 f/a/u 01-0101.090-1011 Miami bade Transit Parcel N7C 1040 NE 2 AV 01-01'03-090-1150 f/a/u 01-0101-090-1141 Miami Dade Transit Pareel N7A 1020 NE 2 AV 23 01-0102-030-1190 61 NE 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 01-010.3-080-1050 50 NE 9 ST 39 01-0103-090-1150 f/a/u 01-0103-09.0-1011 Miami Dade Transit Parcel N5D 800 NE 2 AV 1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. BLOCK FOLIO NUMBER ADDRESS 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 01-01.00-000-0550 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 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. NW 11TH ST NW 9TH ST NW 8TH ST , . NW 6TI-1 ST „ • • Legend r Miami WorldCenter Boundary Excluded Parcels City Parcels 212.5 425 850 Feet • NE 5TH ST „ . . — Created by the City of Miami Planning Staff: 3/9/15 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. N Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 1 of 6 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Sec. 18-2. - Purposes for which districts created. Special taxing districts may be created and established in Miami -Dade County, Florida, under the provisions of this article for the purpose of acquiring, constructing, reconstructing and installing any of the following public improvements or of providing any of the following special services within such districts: (a) Water systems, (b) Sewerage systems, (c) Storm sewers, (d) Street improvements, (e) Sidewalk improvements, (f) Police and fire protection, (g) Recreation facilities, (h) Street lighting, (i) Incinerators, (j) Beach erosion control, and (k) Such other facilities or services which may be deemed essential by the Board. Any such special taxing district may embrace not only an unincorporated area in the County but also all or a part of one (1) or more municipalities in the County; provided however, that no such district shall be comprised solely of a municipality or embrace all or a part of a municipality without the approval of the governing body of such municipality. It is the intent of this article to provide for the construction and the financing of public improvements and of providing services in areas in the County where such improvements and services could not conveniently be made available otherwise, that the cost of such improvements and services be borne on an equitable basis by those who receive the benefits thereof, and that property receiving special benefits be assessed in proportion to but not in excess of such special benefits. Special taxing districts may be created and established for the purpose of providing street lighting in new subdivisions developed in the unincorporated areas of the County. The creation and establishment of such districts in new subdivisions shall be in accordance with the procedures hereinafter set forth, except that the petitions for the creation and establishment of such districts shall be signed by the owners of all property within the proposed district and by all persons, firms or corporations having any right, title or interest in and to the property involved, including mortgagees and other lien holders. The owners of the property embraced within the proposed district shall guarantee payment of all costs and expenses incident to the creation of such district and shall pay the entire cost of providing street lighting within the district for the first year. Such owners shall execute and file an appropriate surety bond in the form prescribed or approved by the County, providing for payment of the cost of creating the district and providing street lighting for the first year. (Ord. No. 60-7, § 2, 2-9-60; Ord. No. 62-47, § 1, 12-4-62; Ord. No. 64-26, § 1, 7-7-64) Sec. 18-3. - Proceedings for creation and establishment of districts. about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 2 of 6 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. The proceedings for the creation and establishment of a district under the provisions of this article shall be as follows: (a) Petition. There shall be filed with the Clerk of the Board a petition requesting the creation and establishment of a special taxing district under the provisions of this article, signed by the Mayor or by fifty (50) per centum of the resident owners of property embraced within the proposed district. Opposite each such signature of owners of property there shall be inserted his or her post office address and a brief reference to the property within the proposed district which is owned by such signer, and such reference shall be sufficient to identify any property involved and shall set forth the folio number of the County tax bill covering such property. For the purposes of any such petition of owners of property, the rights of mortgagees and lienors shall not be considered and the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where the property is owned by both husband and wife. In addition to the foregoing such petition shall also contain and set forth the following: (1) The boundaries or other description sufficient to identify the property embraced in the proposed district, together with a survey sketch showing the location of the proposed district, and (2) A brief description of the project requested to be constructed, acquired, reconstructed or installed. (b) Certification of petition. Upon receipt of such petition, the Clerk of the Board shall transmit a copy thereof to the County Manager, who shall examine the petition and file a written report with the Clerk at the earliest practicable date. (c) Investigation by County Manager. If the County Manager finds that the petition has been properly presented in accordance with the requirements of this article, he shall cause to be made under his supervision and direction such investigations, surveys, plans and specifications as may be necessary to enable him to compile and file with the Board a written report and recommendations setting forth the following data and information: (1) The boundaries or other description sufficient to identify the property to be embraced in the proposed district as set forth in the petition, together with any recommendations as to any territory within the proposed district that should be excluded from the district because of the disproportionate cost of providing for such territory the project petitioned for, or for any other reason, and any recommendations for the inclusion of any additional territory within the proposed district; (2) The location of the project to be constructed, acquired, reconstructed or installed within the proposed district; (3) An estimate of the cost of such project; (4) An estimate of the annual expense to be borne by the district or the County of maintaining, repairing and operating such project, and his recommendations concerning service charges and the levy of special assessments to pay all or a part of such expense; (5) Whether the proposed project and the proposed special taxing district conform to or conflict with the master plan of development for the County; about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 3 of 6 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. His recommendations concerning the need and desirability for the requested project, the ability of the affected property to pay special taxes or to bear special assessments or both, and his opinion as to whether or not (i) all lots and parcels within the proposed district which are to be taxes or specially assessed will be specially benefited by the proposed project, (ii) any property which would be specially benefited by such project is not included in such district, and (iii) each lot or parcel in such district which is to be taxed or specially assessed will be specially benefited by such project in excess of the amount of such special taxes and special assessments to be levied thereon; (7) If his recommendations under clause (6) are favorable to the creation of the requested special taxing district, his recommendations as to the levying of any special assessments against the benefited property, and an estimate of the amount to be assessed against each front foot or other unit of benefited property; The County Manager shall file such written report and recommendations, accompanied by an appropriate map and other pertinent data, with the Clerk of the Board at the earliest practicable date. Upon receipt of such report, the Clerk shall immediately transmit a copy thereof to the mayor of the County. (d) Notice of public hearing. Upon receipt of such report of the County Manager, and from such other investigations as the Board may make or cause to be made, the Clerk of the Board shall prepare a certificate fixing the place, date and hour for a public hearing, which certificate shall set forth a copy of the petition, excluding signatures, and brief summaries of the report and recommendations of the County Manager, including (but without limitation) his recommendations as to any additional territory which should be embraced within the proposed district. Notice of such public hearing, stating that a petition for the creation and establishment of a special taxing district under the provisions of this article has been filed with the Clerk of the Board and setting forth a brief description of the project petitioned for, the boundaries or other description sufficient to identify the property to be embraced in the proposed district, a brief summary of the report and recommendations of the County Manager, and stating the place, date and hour fixed by the Board for such public hearing, shall be: (1) Published once a week for two (2) consecutive weeks in some newspaper of general circulation within the County to be designated in the resolution; (2) Posted in not less than five (5) public places within the proposed district; (3) Mailed to all owners of taxable property within the boundaries of the proposed district, including any additional territory recommended by the County Manager, whose names and addresses appear on the last preceding assessment roll for County taxes. The first such publications and such posting and mailing shall occur not less than fifteen (15) days prior to the date fixed for such hearing. Such mailing shall be accomplished by the Clerk of the Board in sufficient time to cause a U.S. Postal Service postmark to be affixed to such mailing not less than fifteen (15) days prior to such hearing. about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 4 of 6 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. (e) Public hearing. At the time and place stated in such certificate, or to which an adjournment may be taken by the Board, the Board shall receive and hear objections of interested persons to the creation and establishment of the proposed district, the property to be embraced within the district, the project to be acquired, constructed, reconstructed or installed, or the levy of any special taxes or special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers of the Board under the provisions of this article, and petition with such modifications, if any, as it may deem advisable and which do not enlarge the boundaries of the district as set forth in the certificate mentioned in subdivision (d) of this section or change the general type or character of the project. All such objections shall be in writing, in person or by attorney, and filed with the Board at or before the time or adjourned time of such hearing. Any objections not so made shall be considered as waived. (f) Ordinance establishing district. If the Board shall, after such hearing, determine to grant the petition, either with or without modification, it shall adopt an ordinance reciting the proceedings theretofore taken and providing for the creation and establishment of the district. Such ordinance shall also set forth the following: (1) The name or designation by which the district shall be known, such as " Special Taxing District in Metropolitan Miami -Dade County, Florida" or "Special Taxing District No. in Metropolitan Miami -Dade County, Florida", or such other appropriate name as the Board may determine; (2) The boundaries of the district, or other description sufficient to identify the property to be embraced in the proposed district; (3) A brief description of the project which is to be acquired, constructed, reconstructed or installed in the district; (4) A declaration as to benefits and what part, if any, of the cost of the project is to be specially assessed; and (5) A statement as to the method of financing, including estimates of: (a) The amount of bonds of the district, if any, to be issued as hereinafter provided to pay the cost of the project, (b) The amount required annually to be borne by the district or the County to pay the cost of maintaining, repairing and operating the project, and what percentage, if any, of such amount shall be specially assessed, and (c) The amount, if any, to be derived annually from service charges or special assessments on benefited property or both. Such ordinance shall order the acquisition, construction, reconstruction or installation of the project under the provisions of this article upon moneys being made available therefor and shall set forth the location of the project and a description thereof by its material, nature, character and size. Such ordinance may give any short and convenient designation to the project ordered thereby. Such ordinance shall also set forth what part, if any, of the cost of the project which shall be borne by the special taxing district at large, the balance of such cost to be specially about:blanlc 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 5 of 6 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. assessed, If the Board shall be of the opinion that, in lieu of the issuance of bonds as herein provided,, an annual tax should be levied upon all property in the district subject to County taxation or that special assessments should be levied under the provisions of paragraph (17) of Section 18-14 of this article, in order to furnish the services and facilities to be provided by the project for which the district is created, such ordinance shall set forth the maximum amount of such annual tax not exceeding ten (10) mills on each dollar of the assessed valuation of such property, excluding that portion of the valuation of such property which is subject to homestead exemption, or shall set forth what part of the cost of maintaining, repairing and operating the project shall be specially assessed in each year and the basis of the apportionment. If the method of financing a project which is set forth in the ordinance adopted under the provisions of this subsection creating and establishing a district shall be other than the issuance of bonds of the district under the provisions of Sections 18-5 and 18-6 of this article or the levy of taxes under the provisions of Section 18-7 of this article, the Board shall provide that the ordinance creating and establishing the district shall take effect when approved by a majority vote of the qualified electors residing in the district voting at an election to be called by the Board and noticed and conducted and the result thereof determined and declared either in the manner provided for the issuance of bonds of a district or in such other manner, by mailed ballot or otherwise, as the Board shall by ordinance determine; provided, however, that in the event the proposed district shall encompass both unincorporated and incorporated areas of the County, then and in that event, the ordinance creating and establishing the district shall take effect when approved by a majority vote of the freeholders who are qualified electors residing in the unincorporated area and also a majority vote of the qualified electors residing in each incorporated area in the district voting at an election to be called by the Board and noticed and conducted and the result thereof determined and declared either in the manner provided for the issuance of bonds of a district or in such other manner, by mailed ballot or otherwise, as the Board shall by resolution determine; provided, further, that nothing contained in this paragraph shall affect the validity of any district heretofore created and established under the provisions of this article. (g) Notwithstanding any of the foregoing provisions of this article a district may be created and established under the provisions of this article for the combined purpose of acquiring, constructing, reconstructing or installing both a water system and a sewerage system, and as applied to a district so created and established, the word project shall embrace both the water system and the sewerage system. Nothing in this article shall be construed as prohibiting the creation and establishment of a district which shall include all or any portion of the territory of another district or districts theretofore created and established under the provisions of this article for the purpose of providing a public improvement of another class, (Ord. No. 60-7, § 4, 2-9-60; Ord. No, 64-26, § 1, 7-7-64; Ord. No. 64-50, § 1, 10-6-64; Ord. No, 65-59, § 1, about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 6 of 6 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. 9-14-65; Ord, No. 72-13, § 1, 2-29-72; Ord. No. 81-23, § 3, 3-3-81; Ord. No. 92-96, § 1, 9-15-92; Ord. No. 07-145, § 1, 10-2-07) about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 1 of 5 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Sec. 18-3. - Proceedings for creation and establishment of districts. The proceedings for the creation and establishment of a district under the provisions of this article shall be as follows: (a) Petition. There shall be filed with the Clerk of the Board a petition requesting the creation and establishment of a special taxing district under the provisions of this article, signed by the Mayor or by fifty (50) per centum of the resident owners of property embraced within the proposed district. Opposite each such signature of owners of property there shall be inserted his or her post office address and a brief reference to the property within the proposed district which is owned by such signer, and such reference shall be sufficient to identify any property involved and shall set forth the folio number of the County tax bill covering such property. For the purposes of any such petition of owners of property, the rights of mortgagees and lienors shall not be considered and the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where the property is owned by both husband and wife, In addition to the foregoing such petition shall also contain and set forth the following: (1) The boundaries or other description sufficient to identify the property embraced in the proposed district, together with a survey sketch showing the location of the proposed district, and (2) A brief description of the project requested to be constructed, acquired, reconstructed or installed. (b) Certification of petition. Upon receipt of such petition, the Clerk of the Board shall transmit a copy thereof to the County Manager, who shall examine the petition and file a written report with the Clerk at the earliest practicable date. (c) Investigation by County Manager. If the County Manager finds that the petition has been properly presented in accordance with the requirements of this article, he shall cause to be made under his supervision and direction such investigations, surveys, plans and specifications as may be necessary to enable him to compile and file with the Board a written report and recommendations setting forth the following data and information: (1) The boundaries or other description sufficient to identify the property to be embraced in the proposed district as set forth in the petition, together with any recommendations as to any territory within the proposed district that should be excluded from the district because of the disproportionate cost of providing for such territory the project petitioned for, or for any other reason, and any recommendations for the inclusion of any additional territory within the proposed district; (2) The location of the project to be constructed, acquired, reconstructed or installed within the proposed district; (3) An estimate of the cost of such project; (4) An estimate of the annual expense to be borne by the district or the County of maintaining, repairing and operating such project, and his recommendations concerning service charges and the levy of special assessments to pay all or a part of such expense; about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 2 of 5 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. (5) Whether the proposed project and the proposed special taxing district conform to or conflict with the master plan of development for the County; (6) His recommendations concerning the need and desirabilityfor the requested project, the ability of the affected property to pay special taxes or to bear special assessments or both, and his opinion as to whether or not (i) all lots and parcels within the proposed district which are to be taxes or specially assessed will be specially benefited by the proposed project, (ii) any property which would be specially;benefited by such project is not included in such district, and (ii) each lot or parcel in such district which is to be taxed or specially assessed will be specially benefited by such project in excess of the amount of such special taxes and special assessments to be levied thereon; (7) If his recommendations under clause (6) are favorable to the creation of the requested special taxing district, his recommendations as to the levying of any special assessments against the benefited property, and an estimate of the amount to be assessed against each front foot or other unit of benefited property; The County Manager shall file such written report and recommendations, accompanied by an appropriate map and other pertinent data, with the Clerk of the Board at the earliest practicable date. Upon receipt of such report, the Clerk shall immediately transmit a copy thereof to the mayor of the County. (d) Notice of public hearing. Upon receipt of such report of the County Manager, and from such other investigations as the Board may make or cause to be made, the Clerk of the Board shall prepare a certificate fixing the place, date and hour for a public hearing, which certificate shall set forth a copy of the petition, excluding signatures, and brief summaries of the report and recommendations of the County Manager, including (but without limitation) his recommendations as to any additional territory which should be embraced within the proposed district. Notice of such public hearing, stating that a petition for the creation and establishment of a special taxing district under the provisions of this article has been filed with the Clerk of the Board and setting forth a brief description of the project petitioned for, the boundaries or other description sufficient to identify the property to be embraced in the proposed district, a brief summary of the report and recommendations of the County Manager, and stating the place, date and hour fixed by the Board for such public hearing, shall be: (1) Published once a week for two (2) consecutive weeks in some newspaper of general circulation within the County to be designated in the resolution; (2) Posted in not less than five (5) public places within the proposed district; (3) Mailed to all owners of taxable property within the boundaries of the proposed district, including any additional territory recommended by the County Manager, whose names and addresses appear on the last preceding assessment roll for County taxes. The first such publications and such posting and mailing shall occur not less than fifteen (15) days prior to the date fixed for such hearing. Such mailing shall be accomplished by the Clerk of the Board in sufficient time to cause a U.S. Postal Service postmark to be affixed to such mailing not less than fifteen (15) days prior to such about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 3 of 5 RECORD FOR ITEM NA.5 g ON 11/19/2015. CITY CLERK. hearing. (e) Public hearing. At the time and place stated in such certificate, or to which an adjournment may be taken by the Board, the Board shall receive and hear objections of interested persons to the creation and establishment of the proposed district, the property to be embraced within the district, the project to be acquired, constructed, reconstructed or installed, or the levy of any special taxes or special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers of the Board under the provisions of this article, and petition with such modifications, if any, as it may deem advisable and which do not enlarge the boundaries of the district as set forth in the certificate mentioned in subdivision (d) of this section or change the general type or character of the project. All such objections shall be in writing, in person or by attorney, and filed with the Board at or before the time or adjourned time of such hearing. Any objections not so made shall be considered as waived. (f) Ordinance establishing district. If the Board shall, after such hearing, determine to grant the petition, either with or without modification, it shall adopt an ordinance reciting the proceedings theretofore taken and providing for the creation and establishment of the district. Such ordinance shall also set forth the following: (1) The name or designation by which the district shall be known, such as Special Taxing District in Metropolitan Miami -Dade County, Florida" or "Special Taxing District No. in Metropolitan Miami -Dade County, Florida", or such other appropriate name as the Board may determine; (2) The boundaries of the district, or other description sufficient to identify the property to be embraced in the proposed district; (3) A brief description of the project which is to be acquired, constructed, reconstructed or installed in the district; (4) A declaration as to benefits and what part, if any, of the cost of the project is to be specially assessed; and (5) A statement as to the method of financing, including estimates of: (a) The amount of bonds of the district, if any, to be issued as hereinafter provided to pay the cost of the project, (b) The amount required annually to be borne by the district or the County to pay the cost of maintaining, repairing and operating the project, and what percentage, if any, of such amount shall be specially assessed, and (c) The amount, if any, to be derived annually from service charges or special assessments on benefited property or both. Such ordinance shall order the acquisition, construction, reconstruction or installation of the project under the provisions of this article upon moneys being made available therefor and shall set forth the location of the project and a description thereof by its material, nature, character and size. Such ordinance may give any short and convenient designation to the project ordered thereby. Such about:blanlc 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 4 of 5 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. ordinance shall also set forth what part, if any, of the cost of the project which shall be borne by the special taxing district at large, the balance of such cost to be specially assessed. If the Board shall be of the opinion that, in lieu of the issuance of bonds as herein provided, an annual tax should be levied upon all property in the district subject to County taxation or that special assessments should be levied under the provisions of paragraph (17) of Section 18-14 of this article, in order to furnish the services and facilities to be provided by the project for which the district is created, such ordinance shall set forth the maximum amount of such annual tax not exceeding ten (10) mills on each dollar of the assessed valuation of such property, excluding that portion of the valuation of such property which is subject to homestead exemption, or shall set forth what part of the cost of maintaining, repairing and operating the project shall be specially assessed in each year and the basis of the apportionment. If the method of financing a project which is set forth in the ordinance adopted under the provisions of this subsection creating and establishing a district shall be other than the issuance of bonds of the district under the provisions of Sections 18-5 and 18-6 of this article or the levy of taxes under the provisions of Section 18-7 of this article, the Board shall provide that the ordinance creating and establishing the district shall take effect when approved by a majority vote of the qualified electors residing in the district voting at an election to be called by the Board and noticed and conducted and the result thereof determined and declared either in the manner provided for the issuance of bonds of a district or in such other manner, by mailed ballot or otherwise, as the Board shall by ordinance determine; provided, however, that in the event the proposed district shall encompass both unincorporated and incorporated areas of the County, then and in that event, the ordinance creating and establishing the district shall take effect when approved by a majority vote of the freeholders who are qualified electors residing in the unincorporated area and also a majority vote of the qualified electors residing in each incorporated area in the district voting at an election to be called by the Board and noticed and conducted and the result thereof determined and declared either in the manner provided for the issuance of bonds of a district or in such other manner, by mailed ballot or otherwise, as the Board shall by resolution determine; provided, further, that nothing contained in this paragraph shall affect the validity of any district heretofore created and established under the provisions of this article, (g) Notwithstanding any of the foregoing provisions of this article a district may be created and established under the provisions of this article for the combined purpose of acquiring, constructing, reconstructing or installing both a water system and a sewerage system, and as applied to a district so created and established, the word project shall embrace both the water system and the sewerage system. Nothing in this article shall be construed as prohibiting the creation and establishment of a district which shall include all or any portion of the territory of another district or districts theretofore created and established under the provisions of this article for the purpose of about:blank 11/12/2015 Miami - Dade County, FL Code of Ordinances SUBMITTED INTO THE PUBLIC Page 5 of 5 RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. providing a public improvement of another class. (Ord. No. 60-7, § 4, 2-9-60; Ord. No. 64-26, § 1, 7-7-64; Ord. No, 64-50, § 1,;10-6-64; Ord. No. 65-59, § 1, 9-14-65; Ord. No. 72-13, § 1, 2-29-72; Ord. No. 81-23, § 3, 3-3-81; Ord. No. 92-96, § 1, 9-15-92; Ord. No. 07-145, § 1, 10-2-07) about:blank 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Cityof Miami Legislation Ordinance: 13483 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01015ztl 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 general welfare 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: 08-01015ztl (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015zt1 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 connectedness 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 Sspecific 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. d. 2. Maintaining the future growth of downtown infill redevelopment ensuring Miami's focus for the region's economic, civic, and cultural activities. e 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 Overtown Park West Commercial -Residential Districts. d 4. Reinforcing community identity through thoughtful placement of civic and public gathering spacescommunity identity. e. 5. Constructing 14buildings and landscaping that contribute to the physical definition of {{ Thoroughfares as civic places. 6. A -specific ares within an existing District that includes 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 to Rcgu lating Plan ("Regulating Plan") provide more detailed clarification to 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-4-6,3 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 extent 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: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08•-01015ztl Enactment Number: 13483 16.12.3 CLASS II SPECIAL PERMIT Section 3 WARRANT 16.12.3.1 Section 3 (a) Whcn required A Clasp II Special Pcrmit 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, -Ik-mass, location, or exterior configuration of any existing building; (3) the construction of a new building; or (4)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 Spccial Pcrmit determinations The purpose of the Class II Special Permit Warrant shall be to ensure conformity of tho future development applications with tho 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, unlesc otherwise required by the SD 1-6.3 Miami Worldcenter area, as Building Code, as amended, and Miami Worldcenter Master Plan Dcsign Development Standards, Planning Director pursuant to a Clams II Spccial Par -,,it Waivers —by thePlanning Director for y 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: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number; 08-01015zf1 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 under the ownership or control of a single entity is submitted as a project ("Project"), tho onnwable 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, or 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 &Space sites,--an€1-provides aII SD-1 n.3 Mia i `rrF,-Agog dcer�ter-area reguiren}en i„cl open space, civic space, and parking. 16.12.4.1 Major Use Special Permit �/� Notwithstanding -any other nrnvisinns of +lean n e 100 1 000 square feet; (2) more than 800 residential units in a single building; or (3) any combined use which exceeds 2 800 parking spaces in a single b, �ildinry except that a MUSP shall be required when a conference center, conference center hotol and related office building with a mix of retail and office 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 the Zoning Ordinance of the City of Miami ("Zoning Ordinance"), Accessway: An ingress/egress easement for pedestrian and vehicular access as designated by a recorded plat, deed, or other legal instrument. Akitting • terminate en. but ing proper ies include nreperties across street n__� ar alle Arcade: A covered pedestrian outdoor space along the 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 feet depth-, which may provide access to shops along one (1) or more sides, per the Design Development Standards, Architectural Screening Layer: 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. does not offset for projections into the street such as bulb outs or tree planting areas, as shown in Table 3 and in the Regulating Plan a City of Mianai Page 4 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015zt1 (, Enactment Number: 13483 Balcony: An unenclosed habitable structure cantilevered from-er-inse+ within a facad—or elevation. Block: Tho aggv gate of private lots passages rear lanes and Alleys, —the perimeter of which abuts Thorough fares. Building Configuration: The form of a Building, based on its massing,: relationship to Frontages and lot lines, and height. Building Disposition: The placement of a Bi gilding ors its l„t. Building Use: The uses accommodated by a Building and its lot. Building Height: The vertical extent of a building measured in Stories. i1-t�-I+nc: A line established within a given Lot indicating where the outer edge of a structure must 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 and 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 plane -a ement along a -Frontage -as in "porches enfrentthe .trees 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 wallLor 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 outdoors, at grade, unroofed, landscaped, and free of impervious surfaces. Habitable Space: Building space which use involves human presence with direct view of —the City of Miami Page 5 of 14 File Id: 08-01015ztl (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015ztl Enactment Number.: 13483 cnfronting streets or public or private open space, excluding parking garages, self„ ervice storage facilities, warchouscs, and display windows separated from retail actiyit 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 l ine anrd the Build_t„ l ine Base Building Line and the required setback as shown in the Design Development Standards. Layer, Second.:: Twenty feet (20) sitewa tem4he-B'uild-te-Line - LayerrThird: That po, do he-lot4hatR, t within the First and Second Layer. 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. 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 Galleries, Darlsing Garage er Parkin • 1 parking systems. Paseo: An access way public open space restricted limited to pedestrian use and limited controlled vehicular access that connecting& 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 BAR FLR by an additional 7050% of BAR 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 Miani Page 6 of 14 File Id: 08-01015ztl (Version: 3) Printed On: 11/12/2015 File Number: 08-01015ztl SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. 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. Retail Frontage: Lot faces designated where the ground level is available for retail use. 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. constructed. t r�o�� A-1 el wi- h n � bu4ding by �nihinh Hcirvh+ is mono,we 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. Tho urban elerneat hat � lishos th— aj a;t of the public r Im. The strcctscapc nd sidewalks or paths for pedestrians) as well as the amenities of the Frontages (street trees and plantings, benches, street lights, paving, street furniture, Building Facades and Streetscreen: A freestanding wall no greater than eight (8) feet high built along the Frontage Build to lino, 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 Lino 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. Underground Parking: Parking in which the ceiling or roof of the top level does not rise above any 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: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015zt1 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. 1642,6,3 nth the „r pert„ to be developed abuts an existing building, the Planning Director may approve; —pursuant to la s pec,Pemit arc t the propescd building location matches or provides a transition to the adjacent 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 14Height 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 I4Height of a Story from finished floor to finished floor is 14 feet. Belo,^;_nra e Ievals 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 retai . Where the first two (2) Stories are contain retail uses, their total the maximum combined Height 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 hHeight shall be 5-9 60 feet and the ground floor and second floor shall be a maximum of 39 40 feet in combined floor to floor I: Height. The three (3) retail floors shall be counted as three (3) Stories, and the total finished floor to finished floor 4Height of the Podium shall not exceed 129 feet. 16.12.7.2.2 Section 7(b)(2) Single floors within in 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 ITHeight up to a maximum of 60 feet. The total finished floor to finished floor IiHeight 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 fFloor 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. 1-6.12.7.3 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) anyroof 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 excgcd the maximum Height by 1'l 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: 08-01015ztl (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015ztl Enactment Number:: 13483 16.12.7.3.2 Section 7(c)(2) Except as provided in Subsection 16.12.7.4• 7(d); there shall be no 1Height or coverage limits for (1) non-functional decorative architectural elements and (2) solar or wind energy collectors. 16.12.7.E 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 er 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 incorporatcd herein by refer cncc of the Develppment 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. 16.12.8.4 Section 8(d) Buildings shall have their principal pedestrian entrances on a Frontage Build to Li -Re or from a °Courtyard at the Second Layer as depicted in the Design Development Standards. 16.12.8.5 Section 8(e) For the first two (2) °Stories, Facades shall be along the Frontage a minimum of seventy percent (70%) of its length on addressing the R6 1�aB 4e-Line Setback Line as shown in Table 3 of and in the Design Development Standards. 1-2T8:6 Section 8(f) At the first Story, Facades along a Frontage Build to Line 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 daeoved by Class II pedal Pcrmit 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 i Base Building Line may be adjusted to conform to an existing adjacent building location by Giass 4l—Speoi er-mif Warrant. Frontage Setbacks from the Build to Linc Base Building Line above the eighth floor Podium where for lotshaving have one dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Class II 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 Line Base Building Line shall not be required for a Frontage facing a Pedestrian Promenade, Plaza, Civic Space, or a Street Corridor 90 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 eighth floor Podium may be reduced to a minimum of twenty (20) zero (0) feet by Class rl Special perm Warrant. Above the eighth floor in the Second Layer, at a Setback from the Build to Line of not Tess than ten (10) feet, City of Miami Page 9 of 14 File Id: 08-01015ztl (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015zt1 Enactment Number: 13483 c may extend a maximum of sixty percent (60 ) of the e„- .^per --length of the street-Frront s. A the -eighth f oo; ate„ -additional six feet of non habitable swimming pools >dlanscaping > transfer beams and other a to nti iral d anmechanical systems and will > rr not count as FAR ar 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 fellews- 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 in -Commercial Uses may use the 30,000 square foot Floorplate average for the entire Tower. d. 180 feet maximum length of a side for Residential 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 '/2 of the Streetwall fFapade 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 bBalconies and bay windows may project a maximum six (6) feet into the First Layer; Above the Streetwall, bBalconiesand 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 aStory 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 contrar„ in Ordinance 11000, as amended, or thc Code of the City of m Miai, as amended may overlap thc wholc idth of thc Sidewalk to within two (2) foot of tho o wb, 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 l4Height of an ,Arcade, measured to its lowest point, 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 [docks 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 first second City of Miami Page 10 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Fie 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. 4-612.9.7 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 16.12.1-0--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 herein by reference be equivalent to the following: Floor Lot Ratio (FLR) (18)/50% additional Public Benefit 16.12.10 3 The calculation of the F.AR shall not apple, t„ on_site parking, to that portion of the building 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-A—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 des-ign 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 is encouraged to shall be accessed b as detailed on the Parking, Loading, and Service Access Diagram of the Development Standards unless approved by Warrant. 1-6.12.11.11 Section 11(f) All parking, including open parking areas, covered parking, garages, Lloading City ofMiami Page 11 of 14 File Id: 08-01015zt1 (Version.: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015ztl Enactment Number.. 13483 Ddocks, 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. 16,12.12.4below 12(d), (2) a Liner, Building or (3) a Streetscreen, as illustrated in the IDes1gn 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 +en percent (1 rl°/) deviation mop, 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 Frontages 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 35,000 square 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 in 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 �soor f�� ,t- -laaingthat-aye designed to display items for sale within the retail space bchind the display. 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.E Section 12(d) The Facade of a parking garage that is not concealed behind a Habitable Liner shall be screened behind an Architectural &Screening ILayer-reties e,+-4 rn the outside face 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 L10%) of the total gross Net -I Lot -a Area. A minimum of ten percentL10%,) 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: 08-01015zt1 (Version: 3) Printed On: 11/12/2015 File Number: 08-01015ztl SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Enactment Number: 13483 permitted in the SID-1-6,3 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-O must be-appfeved by Class-1-per-r +War--afnt, either fer-era-in4iMidual ign or a Mast Sign-P-oelage._ 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. 16.1-1-6 Section 16 CIVIC SPACE At least twenty percent (20%) of the required p-u-btis °Open sSpace in the SD 16.3 Miami Worldcenter area shall be assigned to Civic Space, as described in Table 2 incorporated herein by reference nand 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 (70 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 Zonng Ordinance. bonuses approved pursuant to other provisions of Ordinance 11000 as amended. 16.12.17.2 Affordable/Workforce Housing f 25% of the total FAR capacity by ing, as that termis defined by the City. 122 of of buildable space for each nonrefundable ct to applicable price s adjutments at th time of building permit application) -to the Affordable Housing Trust Fund administeredbythe City of Miami. Future adjustments to the amount of contribution per square foot of buildable space in thec4_63 Worldcenter-areaTall u.� be ccoonsistent wit t per square foot contributions for other ropertics within the Southeast Overtown / Park West CRA boundary 16.12.17.2.2 Affordable/workforce housing on the site of the development be allowed two square feet of additional buildable space. -1ra.12.17 3 Public Open sp,ace- a ammount of public open spate the de elopment shall hie allow-3,20_tiiime the development noinanity rough a site connecting two str he Dcsign Standards, 16.12.17.1 Section 17(b) Sustainability Fifteen (15) percent additional FAR capacity hall be allowed for buildings certified by the U.S. Green m, the 15% bonus for the um standard City of Miami Page 13 of 14 File Id: 08-01015zt1 (Version: 3) Printed On: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. File Number: 08-01015ztl Enactment Number: 13483 ty provided under, the City program for LEED certificationsns at higher than the minimum standard shall be added to the base 15% established herein. �(F r ovp n if silver cert ficatinn is dopted by Oho City as the minima Im standard in ith n 2 increase � 4—i1-7'lfYV1-O'lil-GI'I7"GfGCGI�"1-11a�-ICIpFTGr+Ci-A'y-Gf-iV—DiCy-Q.7-lTly rl'ITI-Il':1'Ti GRiT �ani vn vnvn, yr � i.vi v v c a 15% ° c gold standard). bonus for a Green Building, the anticipated LEED ccrtification_has not been achieved, then the owner dete iced -based -on -the value-ef -land per sguare-foot of building in the area of the City in which . The methodology for determining the value of land per square foot of building shall be maintained in Occupancy for the building. FundT ha-t-become-available-to the- City f�� om-the-fo-rfeit I�,f he 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 Ar developer he SD 16 3 Miami Wnrlrlcenter district magi select to cnntribl Ite and bIIilr7 the asseei_ ated infrastr for an eg Iivalent bona Is into one of the other Public Benefits. 16.12.18 Section 18 If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance hall 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. * * *11 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: 11/12/2015 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. City of Miami Legislation Resolution: R-15-0153 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00345 Final Action Date: 3/26/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NUMBER 14-0086, ADOPTED MARCH 13, 2014, IN ITS ENTIRETY, AND RESTATING SUPPORT TO THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS ("BOARD") FOR THE CREATION OF THE MIAMI WORLDCENTER COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY FORBES MIAMI NE 1ST AVENUE LLC, AND MIAMI WORLDCENTER HOLDINGS, 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," ATTACHED AND INCORPORATED, AND URGING THE BOARD TO APPROVE THE PETITION SUBMITTED BY THE DEVELOPER FOR THE CREATION OF THE CDD; FURTHER DIRECTING THE MIAMI CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE BOARD. 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; 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, pursuant to Ordinance No. 13114 adopted on October 22, 2009, Miami 21 was adopted as the new Zoning Ordinance for the City, and the regulations for SD-16.3 were carried over into Appendix D of said Zoning Ordinance ("Miami 21"); and WHEREAS, pursuant to Resolution No. 14-0086, adopted March 13, 2014, ("CDD Resolution"), the City Commission supported the creation of the Miami Worldcenter Community Development District ("CDD") with certain parcels excluded; and WHEREAS, pursuant to Ordinance No. 13483 adopted on September 29, 2014, the City Commission approved the modification of Appendix D of Miami 21 to modify certain development standards for the Miami Worldcenter Area; and WHEREAS, pursuant to Ordinance No. 13498, adopted February 26, 2015, Miami Worldcenter Holdings, LLC, and Forbes Miami NE 1st Avenue LLC, and their affiliates and subsidiaries, and the City entered into an amended and restated Development Agreement ("Amended Agreement"); and WHEREAS, certain properties were added to the exclusion list of the CDD Resolution inadvertently ("Excluded Parcels"), and there is a wish to make the corrections for proper inclusion of identified parcels; and City of Miami Page 1 of 2 File Id: 15-00345 (Version: 1) Printed On: 11/12/2015 File Number: 15-00345 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM NA.5 ON 11/19/2015. CITY CLERK. Enactment Number: R-15-0153 WHEREAS, the CDD Resolution is hereby rescinded in its entirety by this Resolution; and WHEREAS, consistent with the Amended Agreement, the Rezoning, and Miami 21, the City is committed to facilitating the redevelopment of the twenty-five (25) +/- 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 Amended Agreement and previous actions, the City supports the creation of the 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 11 th 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 Excluded Parcels, listed on Exhibit "A," attached and incorporated. Section 3. The City Commission encourages the Miami -Dade Board of County Commissioners to approve a petition submitted by the Developer to create the CDD consistent with the Amended Agreement. Section 4. The City Clerk is hereby directed to transmit a copy of this Resolution to the Miami -Dade Board of County Commissioners. Section 5. 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 (10) 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: 15-00345 (Version: 1) Printed On: 11/12/2015