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Home My WebLink AboutPZAB 01-20-16 Analysis, Maps & ApplicationFile ID: Title: Location: Applicant(s) PZAB.6 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-01196ap3 Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)", FOR THE REMOVAL OF PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 STREET; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE AMENDMENT PROPOSES: A) REMOVING APPROXIMATELY 13,068 SQUARE FEET (0.30 ACRES) OF LOT AREA SPLIT AMONG 2 PARCELS FOR A NEW TOTAL COMBINED LOT AREA OF 982,600 SQUARE FEET: (22.62 ACRES); AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Selected Parcels, Approximately 53 and 61 NE 41 Street [Commissioner Keon Hardemon - District 5] Steve J. Wernick, Esquire, on behalf of "Miami Design District Associates, LLC" Applicant" and the City of Miami One SE 3rd Avenue Miami, Florida 33131 Purpose: This will allow the removal of certain parcels of approximately .30 acres from the "Miami Design District Retail Street Special Area Plan (SAP)" Finding(s): Planning and Zoning Department: Recommends approval with conditions. Planning, Zoning and Appeals Board: January 20, 2016 City of Miami Planning and Zoning Department ANALYSIS FOR AMENDMENT TO A PREVIOUSLY APPROVED SPACIAL AREA PLAN for MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP) FILE ID: 11-01196ap3 APPLICANT: Steve J. Wernick, Esquire, on behalf of "Miami Design District Associates, LLC" Applicant" and the City of Miami PROJECT ADDRESS: Approximately 53 and 61 NE 41 Street FOLIO NUMBER: 01-3124-024-1320, 01-3124-024-1330 COMMISION DISTRICT: District 5 NET OFFICE: Little Haiti GENERAL INFORMATION: REQUEST: Considered an amendment to the previously approved Miami Design District Retail Street Special Area Plan, approved pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, by removing 2 properties from the original development program to remove 13,068 square feet of lot area for a new lot area total of 982,600 square feet or approximately 22.62 acres, said parcels are located at approximately 53 and 61 NE 41 Street. BACKGROUND: This amendment incorporates to the previously approved "Miami Design District Retail Street Special Area Plan (SAP)" two (2) removed properties, as amended, Regulating Plan, and the corresponding Concept Plan. The intent of this Special Area Plan (SAP) lingers as it proposes a mix of commercial, office, residential and lodging uses and associated open and parking areas, with the following modifications: A. Removing approximately 13,068 square feet (0.30 acres) of lot area split among two (2) 11-01196ap3 Page 1 of 5 parcels for a total combined lot area of 982,600 square feet: (22.62 acres) split among a total of sixty four (62) parcels; ANALYSIS: The analysis for this proposal, based on the Miami 21 Code, the Zoning Ordinance of City of Miami, is considered an amendment to the previously approved Special Area Plan, approved pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, which allows parcels greater than nine (9) abutting acres in size to be master planned to allow a greater integration of public improvements and infrastructure, and greater flexibility so as to result in higher or specialized quality building and streetscape design: Analysis: The "Miami Design District Retail Street Special Area Plan (SAP)" as amended on October 24, 2013 (Ordinance No. 13414) consists of selected parcels reaching a total of approximately 21.06 acre; within the bounds set by Northeast 43rd Street and Northeast 42nd Street to the north, North Federal Highway and Biscayne Boulevard to the East, Northeast 38th Street to the south, and by Northeast Miami Court and North Miami Avenue to the west, Miami, Florida. Criteria: Amendment to an SAP: A change may be made only to the next intensity goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale. Finding: In determining the appropriateness of the proposed amendment to the "Miami Design District Retail Street Special Area Plan (SAP)", the Planning Department reviewed this proposal for compliance and coherency with the previously approved Special Area Plan. The "Miami Design District Retail Street Special Area Plan (SAP)" as herein amended is comprised of the properties shown in the following table: Table 1: Miami Design District Retail Street Special Area Plan (SAP): Properties and zoning classification Ppty # Address Folio Number Zoning Classification From To (With SAP provision) 1 90 N E 39th Street 01-3124-029-0130 T612-O T612-O 2 100 N E 39th Street 01-3124-030-0210 T612-O T612-O 2 105 N E 38th Street 01-3124-033-0110 T612-O T612-O 2 3821 NE 1st Avenue 01-3124-033-0090 T612-O T612-O 2 3801 NE 1st Avenue 01-3124-033-0120 T612-O T612-O 2 3801 NE 1st Avenue 01-3124-033-0100 T612-O T612-O 11-01196ap3 Page 2 of 5 3 108 NE 39th Street 01-3124-030-0200 T612-O T612-O 4 140 N E 39th Street 01-3124-030-0170 T612-O T612-O 5 3821 NE 1st Court 01-3124-033-0010 T612-O T612-O 6 3821 NE 1st Court 01-3124-033-0130 T612-O T612-O 7 180 NE 39th Street 01-3124-030-0100 T612-O T6 12-0 8 3841 NE 2nd Avenue 01-3219-011-0100 T612-0 T612-0 9 3725 Biscayne Blvd 01-3219-045-0010 T612-0 T624-0 10 299 NE 38th Street 01-3219-011-0330 T612-0 T624-0 11 92 N E 40th Street 01-3124-027-0270 T612-0 T612-0 12 99 NE 39th Street 01-3124-029-001 0 T612-0 T612-0 13 101 NE 39th Street 01-3124-030-0090 T612-0 T612-0 13 100 NE 40th Street 01-3124-028-0160 T612-0 T612-0 13 108 NE 40th Street 01-3124-028-0150 T612-0 T612-0 14 119 NE 39th Street 01-3124-030-0080 T6 12-0 T6 12-0 15 139 NE 39th Street 01-3124-030-0060 T6 12-0 T612-0 16 163 NE 39th Street 01-3124-030-0050 T612-0 T612-0 17 150 NE 40th Street 01-3124-028-0080 T5-0 T5-0 18 160 NE 40th Street 01-3124-028-0060 T5-0 T5-0 18 154 N E 40th Street 01-3124-028-0070 T5-0 T5-0 19 170 NE 40th Street 01-3124-028-0040 T5-0 T5-0 20 3930 NE 2nd Avenue 01-3124-028-0010 T5-0 /T6-1 2-0 T5-0 /T6-12- 0 21 201 NE 39th Street 01-3219-012-0010 T612-0 T612-0 22 81 N E 40th Street 01-3124-027-0130 T6-8-0 T6-8-0 23 95 NE 40th Street 01-3124-027-0120 T6-8-0 T6-8-0 24 151 N E 40th Street 01-3124-027-0060 T5-0 T5-0 25 155 NE 40th Street 01-3124-027-0040 T5-0 T5-0 26 175 NE 40th Street 01-3124-025-0020 T5-0 T5-0 27 4040 NE 2nd Avenue 01-3124-027-0020 T5-0 T5-0 28 34 NE 41st Street 01-3124-024-1420 T5-0 T5-0 29 42 NE 41st Street 01-3124-024-1410 T5-0 T5-0 30 56 NE 41st Street 01-3124-024-1400 T5-0 T5-0 31 60 NE 41st Street 01-3124-024-1390 T5-0 T5-0 32 80 NE 41st Street 01-3124-024-1380 T5-0 T5-0 33 84 NE 41st Street 01-3124-024-1370 T5-0 T5-0 34 90 NE 41st Street 01-3124-024-1360 T5-0 T5-0 35 140 NE 41st Street 01-3124-024-1500 T5-0 T5-0 36 144 NE 41st Street 01-3124-024-1490 T5-0 T5-0 37 150 NE 41st Street 01-3124-024-1480 T5-0 T5-0 38 158 NE 41st Street 01-3124-024-1470 T5-0 T5-0 30) 53 N€ ^1�ot 01 3121 021 1320 T1-0 T1-0 40(1) 61 N€ ^1 et 01 3121 021 1330 T1-0 TI-O 11-01196ap3 Page 3of5 41 77 NE 41st Street 01-3124-024-1340 T4-O T4-O 42 115 NE 41st Street 01-3124-024-1150 T5-O T5-O 43 135 NE 41st Street 01-3124-024-1160 T5-O T5-O 44 150 NE 42nd Street 01-3124-024-1550 T5-O T5-O 45 4100 NE 2nd Ave 01-3124-024-1560 T5-O T5-O 46 4141 NE 2nd Ave 01-3219-009-0010 T5-0 T5-0 47 4200 NE 2nd Ave 01-3124-024-0930 T4-L T4-0 48 4218 NE 2nd Ave 01-3124-024-0940 T4-0 T4-0 49 4240 NE 2nd Ave 01-3124-024-0950 T4-0 T4-0 50 3800 NE 1st Ave 01-3124-033-0240 T6-12-0 T6-12-0 51 35 NE 38th Street 01-3124-033-0370 T6-12-0 T6-12-0 52 3815 NE Miami Court 01-3124-033-0390 T-6-12-0 T-6-12-0 53 50 N E 39 Street 01-3124-029-0150 T-6-12-0 T-6-12-0 54 30 NE 39 Street 01-3124-029-0160 T-6-12-0 T-6-12-0 55 3840 N E Miami Court 01-3124-026-0220 T-6-12-0 T-6-12-0 56 10 NE 39 St/ 3825N Miami Ave 01-3124-029-0170 T-6-12-0 T-6-12-0 57 3850 / 3852 N Miami Ave 01-3124-021-0940 T-6-12-0 T-6-12-0 58 20 NW 39 Street 01-3124-021-0950 T4-L T4-L 59 28 NW 39 Street 01-3124-021-0960 T4-L T4-L 60 3900 N Miami Ave 01-3124-021-0580 T-6-12-0 T-6-12-0 61 21 NW 39 Street 01-3124-021-0570 T4-L T4-L 62 4100 NE 1 Ave 01-3124-024-1350 T4-0 T4-0 63 4039 NE 1 Ave 01-3124-024-1540 T5-0 T5-0 64 220 NE 43 Street 01-3219-009-0070 Cl/T3-L T4-L/T5-O (1) Parcels removed from the "Miami Design District Retail Street Special Area Plan (SAP)" Table 2: Summary of changes proposed on this third amendment to "Miami Design District Retail Street Special Area Plan (SAP)" Program / Parcel Originally approved Proposed on this amendment Increase/Decrease Provided Aggregate SAP area 917,495 s.f. -13,068 s.f. 982,600 s.f. 21.06 acres -0.30 acres 22.62 acres Commercial Space 1,374,689 s.f. N/A N/A Residential Units 561 units N/A N/A Hotel Keys 52 N/A N/A Parking Spaces 3,752 N/A N/A Civic Space 41,735 s.f. N/A N/A Open Space 41,566 s.f. N/A N/A Zoning N/A N/A N/A FLUM N/A N/A N/A 11-01196ap3 Page 4 of 5 CONCLUSION: The modification proposed includes precisions and clarification to the Regulating Plan and the Conceptual Plan consistent with the intent and purpose of the "Miami Design District Retail Street Special Area Plan (SAP)". The proposed SAP as amended will continue to benefit the area by creating and enhanced program of residential units, commercial uses, as well as civic and open space for the enjoyment of the general public, generating public benefits within the development, resulting in higher or specialized quality building and streetscape design. The SAP as amended keep the intent and concept to provide mixed -use, pedestrian oriented retail areas within an urban development, meeting the Miami 21 development concept in the interaction with the surrounding areas of Miami. Staff finds the proposed SAP amendment is consistent with the goals of the Miami 21 Code and previously approved SAP. RECOMMENDATION: Based on analysis and findings, the Planning Department recommends Approval of the amendment to the previously approved "Miami Design District Retail Street" SAP with the following condition: 1) Within 90 days of the effective date of this Ordinance, record a certified copy of a Request for Release from the Development Agreement associated with this SAP, specifying that the Request for Release form the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 11.01196ap3 Page 5 of 5 MIAMI 21 ZONING NW 44TH ST - T4-L' NW 42ND ST T3-L T5-O NW 40TH ST T4-L1 II 0 150 300 —I i i i I T3-O l T3-L J ST 600 Feet I T6-24-0 NE 44TH ST T3-0 T4-1 J NE 43RD ST NE 42ND ST NE 41 ST ST NE 40TH ST T3-LI T6-24-0 NE 36TH ST T6-3 6A -O 38TH ST NE 39TH ST TTIR I T6-3 6A -L ADDRESSES: SEE EXHIBIT "A" or tie #f id - Source: Esri, Digital USGS,AEX, -et Eye, Earlhatplf Gogo d.,IGN IGP Akerman December 16, 2015 VIA HAND DELIVERY Francisco J. Garcia, Planning Director City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Steven J, Wernick Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305,374 5095 Dir: 305.982,5579 Dir Fax: 305.349,4803 stovon.w rnlck@akerman.com RE: Amendment to Miami Design District Retail Street SAP to Remove Parcels Located at 53 - 61 NE 41 st Street from the SAP Boundaries Dear Mr, Garcia: Akerman LLP represents Miami Design District Associates, LLC, and its affiliated entities (collectively "MDDA"), with respect to the approved Miami Design District Retail Street Special Area Plan, 'Appendix F' to the Miami 21 Zoning Code (the "Design District SAP"). On behalf of MDDA, we submit to your attention this complete application for an amendment to the Design District SAP, specifically to remove the parcels, approximately 0.30 acres in area, located at 53 NE 41st Street and 61 NE 41st Street (the "Parcels"); and to make additional minor revisions to the Design District SAP Regulating Plan and Concept Rook and to release the Parcels from the existing Amended and Restated Development Agreement (the "Development Agreement"), The Parcels were originally controlled by MDDA and included within MDDA's conceptual development plan at the time of approval of the Design District SAP, The Parcels were recently conveyed to the Institute of Contemporary Art, Miami, Inc., and have since received separate approvals from the City of Miami for civic/institutional use, Although the purpose of these amendments are to formally remove the Parcels from the Design District SAP boundaries and involves a reduction in the Design District SAP boundaries, because this involves corresponding amendments to the text of the Regulating Plan, graphics/exhibits included in the Concept Book, and a release of the current owner from the Development Agreement, the amendments require an application be presented and scheduled in front of the Planning, Zoning and Appeals Board ("PZAB") for its recommendation and two public hearings of the City Commission, As you know, MDDA has worked closely with the Planning and Zoning Department regarding this amendment, and we look forward to your favorable review and recommendation to PZAB and the City Commission. akerman,com Enclosures {36865127;1) Steven J. Wernick SPECIAL AREA PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor + Miami, Florida 33130 + Telephone 305-416-2030 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide In assisting you with our public hearing process, Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt, The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness, You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (81/2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO, 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any Consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action, The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, If there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev,07-2013 2 SPECIAL AREA PLAN APPLICATION 19. What is the acreage of the project/property site? Removing 0,30 +/- 20, What is the purpose of this application/nature of proposed use? Removing parcels 53-61 NE 41 St. 21, Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 31tI Floor for information. No 22, Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rci Floor for information. No 23, What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 10 minutes and/or Q City Commission 10 minutes 24, An executed Traffic Sufficiency Letter from the City of Miami's traffic consultant. N/A 25. Maps showing the adopted comprehensive plan and existing zoning designations of the area, 26, General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, 27, Concept Plan: a) Site plan and relevant information. b) Relationships to surrounding existing and proposed uses and activities, systems and facilities. c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, rezonings or exemptions. N/A N/A 28, Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). N/A 29, Twenty (20) Special Area Plan books —including one original —containing 81/2x11" copies of the above documents, including this application and any other pertinent documents. 30. One (1) electronic copy of every document included in the book, individually scanned in ".pdf' form. For example: 1) Outside Cover; 2) Inside Cover; 3) Table of Contents; etc, 31. Cost of processing according to Section 62-22 of the Miami City Code*: a. Special Area Plan (SAP) per acre b. Advertising (SAP) c. Development Agreement (for City Commission) d. Advertising (Development Agreement) e, School Concurrency Processing f. Mail notice fee per notice g. Meeting package mailing fee per package h. Traffic Study (separate check) $ 5,000,00 $ 1,500.00 $ 2,500,00 $ 1,500.00 $ 150.00 $ 4.50 $ 6,00 $ 6,000,00 *Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order. Rev, 07-2013 SPECIAL AREA PLAN APPLICATION 19, What is the acreage of the project/property site? Removing,0.30 +/- 20. What is the purpose of this application/nature of proposed use? Removing parcels 53-61 NE 41 St. 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information, No 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 23. What would be the anticipated duration of the presentation in front of the: ® Planning, Zoning and Appeals Board 10 minutes and/or 0 City Commission 10xninutes 24. An executed Traffic Sufficiency Letter from the City of Miami's traffic consultant. N/A 25. Maps showing the adopted comprehensive plan and existing zoning designations of the area. 26, General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project. 27, Concept Plan: a) Site plan and relevant information, b) Relationships to surrounding existing and proposed uses and activities, systems and facilities. c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, rezonings or exemptions. N/A N/A 28. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). N/A 29. Twenty (20) Special Area Plan books —including one original —containing 8'A2x11" copies of the above documents, including this application and any other pertinent documents. 30. One (1) electronic copy of every document included in the book, individually scanned in ".pdf' form, For example: 1) Outside Cover; 2) Inside Cover; 3) Table of Contents; etc, 31. Cost of processing according to Section 62-22 of the Miami City Code*: a, Special Area Plan (SAP) per acre b. Advertising (SAP) c, Development Agreement (for City Commission) d. Advertising (Development Agreement) e. School Concurrency Processing f. Mail notice fee per notice g. Meeting package mailing fee per package h. Traffic Study (separate check) $ 5,000,00 $ 1,500,00 $ 2,500,00 $ 1,500,00 $ 150.00 $ 4,50 $ 6.00 $ 6,000,00 *Fees over $25, 000, 00, shall be paid in the form of a certified check, cashier's check, or money order. ($1,500,00 Advertising (SAP)) + ($1,500,00 Advertising (Development Agreement)) + ($4.50 x 120 Mail notice fee per notice) + ($6.00 x 3 Meeting package mailing fee per package). TOTAL FEE: $3,558.00 Rev, 07-2013 SPECIAL AREA PLAN APPLICATION Downtown Development of Regional Impact fee, Southeast Overtown Park West Development of Regional Impact fee and Public School Concurrency fee may apply. Please contact the Planning and Zoning Department once development program is finalized, Signature Name Steven J. Wernick Telephone 305-982-5579 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address Akerman, LLP 1 SE 3rd Ave, 25th FI, Miami, FL 33131 E-mail steven.wernickgakerman.com t 10^ The foregoing was acknowledged before me this l•-•,‘ day of DeCe,,M\Cier 20 I , by g.-1--Nlein who is a(n) individual/partner/agent/corporation of 00.04,,ny-,,a a(n) individual/partnership/corporation. He/She is persoaallytin1(2 or who has produced as identification and who did (did not) tak o (Stamp) BUSLAINEY M. SAINZ .141 ,a, MY COMMISSION # FF919693 EXPIRES:December 21 2019 •48 0 Bonded Thru Notary Public Underwritere 3tgature Rev, 07-2013 5 SPECIAL AREA PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared .5?-€4441. tiernr . , who being by me first deposes and says: 1, That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as misted on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, PA including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. b' j 6v&1%tt jL Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I L-- "'day of 1. C- 1 \cye._,1'm 20 1 , by v e (T\ c, -- who is a(n) individual/partner/agent/corporation of tpcy—e -rYIQ h/ t AA—egn) individual/partnership/corporation, He/She is erso Known to me or who has produced as identification and who did (did not) tat<e an oath. (Stamp) Rev, 07-2013 AU$LA1NEY M. SAINZ '' '* MY COMMISSION # FF 919693 % /� le BondedEXPIRES; h,u Notary Public Undmw t re EXCEPTION APPLICATION DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Institute of Contemporary Art, Miami, Inc., a Florida not -for -profit corporation Percentage of Ownership See attached Exhibit "B" fora list of current Board Members Subject Property Address(es) 53-61 NE 41 Street and 50-68 NE 42 Street, all in Miami, Florida See attached Exhibit "A" for a legal description of the property. 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this /I day of %)�' CE" 6 O A 20 1, , by T I eeio,PEs�,. fit, I,44 MA4roS who is a(n) individual/partner/agent/corporation of institute of Contemporary Art, Miamb(n) individual/partnership/corporation. He(he is ersonally known to me or who has produced as identification and who did (did no ake an oath. ( ELVIA L. DUNKLEBERGER Notary Public - State of Florida My Comm. Expires May 8, 2017 ,, ,," Commission # FF 018227 ''' ° Ps Bonded Through National Notary Assn. Rev. 07-2013 nature 6 EXHIBIT "B" 2014 BOARD OF DIRECTORS FOR PROPERTY OWNER/APPLICANT INSTITUTE OF CONTEMPORARY ART, MIAMI, INC. Irma Braman, Chair Ray Ellen Yarkin, Chair/President Sheldon Anderson, Vice Chair Andrew Smulian, Vice Chair Paula Morabito, Treasurer Janice Lipton, Secretary Executive Committee Board of Trustees Tom Bloom Ella Fontanals-Cisneros Michael Collins, Chair Emeritus Aldona Czernecka Dr. Kira Flanzraich, Chair Emeritus Jorge Gonzalez Barbara Herzberg Joanne Katz Jan Lewis Diane Lieberman Arlene Mendelson Evan Reed Joan Levien Robertson Raquel Scheck Lenore Sender Jackie Soffer Deepak Soni Debi Wechsler Honorary Trustees Rosalind Jacobs Cindi Nash 12/15/2015 Miami -Dade Official Records - Print Document 1 111111 11 I I 1111111111111111 H i l l 1111111111111 This instrument prepared by: Linda Ebin-Levine, Esq. Design District Management, Inc. 3821 NE 2"d Avenue, Suite 400 Miami, FL 33137 Grantee's Tax ID No. [Space Above This Line For Recording] CFI'I 2i:114RO881114 OR 0k 29443 Paa 0295 - 308; (14pas) RECORDED 12/24/2014 11:49:21 DEED DOC TAX 0.60 HARVEY RUVIHr CLERK OF COURT MIAMI-DADE COUNTYv FLORIDA Special Warranty Deed This Special Warranty Deed made this \' day of December, 2014 ("Effective Date"), between MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, whose post office address is 3841 NE 2' Avenue, Suite 400, Miami, Florida 33137 ("Grantor"), and INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not -for -profit corporation, whose post office address is 4040 NE 2"d Avenue Suite 200 Miami, Florida 33137 ("Grantee"): (Whenever used herein the terms Grantor and Grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and. trustees) Witnesseth, that said Grantor, for good and valuable considerations to said Grantor from said Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained, and conveyed to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida ("Property"), to -wit: Lots 19, 20 and the West '/2 of Lot 21, Block 8, of BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. Property Appraiser's Identification No's. 01-3124-024-1320 and 01-3124-024-1330 SUBJECT TO: 1. Taxes for the year 2015 and subsequent years; 2, Zoning restrictions, prohibitions and other requirements imposed by governmental authority; and 3. Restrictions, limitations, covenants, easements, rights of way, conditions, encumbranees, and other matters of record (none of which are intended to be reimposed by this conveyance). NOTE TO RECORDER: THE SUBJECT PROPERTY IS BEING CONVEYED PURSUANT TO A DONATION AGREEMENT BETWEEN GRANTOR AND GRANTEE WHEREBY GRANTOR AGREED TO DONTATE THE PROPERTY TO GRANTEE. ACCORDINLY, NO DOCUMENTARY STAMP TAXES OR SURTAXES ARE DUE PURSUANT TO FLORIDA ADMINISTRATIVE CODE SECTION 12B-4.014(2)(a). 1032309,v2 Book29443/Page295 CFN#20140881114 Page 1 of 14 https://www2. m lam i-dadocl erk.com/Official Records/Pri ntpocument.aspx?QS= MwKnucJT676f5CpyksU BcgifSE%2ffhn8KYbeR51vH PdvK141 isKl2%2f1 wzs3, .. 1/14 '12/15/2015 Mlami-Dade Official Records - Print Document Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor does hereby fully warrant the title to said land, and will defend the same against all lawful claims of all persons claiming by, through or under Grantor, but against none others. And this conveyance is made and accepted subject to the following restrictive covenants ("Deed Covenants"), which shall run with the Property and shall bind Grantee, its successors and assigns: A. Grantee shall construct a museum and/or art exhibition building ("Museum Building") on the Property which will exhibit contemporary art/art of our time, in a museum setting ("Museum"), which Museum shall at the time of its opening to the public contain at a minimum the works of art listed on Exhibit A attached hereto and made a part hereof less up to five (5) of the works, B. The Museum Building will be of superior quality and will be designed, developed and constructed in compliance with all applicable covenants, conditions and restrictions of record, laws, ordinances, codes, rules, regulations or requirements and that certain Development Agreement with the City of Miami filed September 19, 2014, in Official Records Book 29314, at Page 1880 (as amended from time to time, the "Development Agreement"). The Museum to be located in and operated from the Museum Building shall be a fully functioning contemporary art/art of our time exhibition hall or museum, and shall show or exhibit contemporary art/art of our time, in a museum setting, with exhibitions, programs, educational programs and events, all similar to the manner in which the museum known as the Museum of Contemporary Art, North Miami which was previously located at 770 NE 125th Street, North Miami, Florida ("Prior Museum") was operated as of June 1, 2014, In connection therewith, the Museum Building may be used as the venue for fundraisers for and other events relating to the Museum and may be rented for private events (the rental or fees paid for the use thereof to benefit the Museum), so long as none of the same prevent the Museum Building from primarily being used as a contemporary art/art of our time exhibition hall or museum. Grantee shall, at Grantee's sole cost and expense, engage developers, construction managers, architects and/or contractors ("Grantee's Design/Construction Team") in order to provide necessary services to design, develop and construct the Museum Building, provided that all of Grantee's Design/Construction Team shall be subject to the prior written approval of Grantor's Affiliate (defined below), Grantor's Affiliate shall respond to any request for approval of any member of Grantee's Design/Construction Team ("Member Request") within fifteen (15) days after receipt by Grantor's Affiliate of such Member Request together with such information regarding such member as Grantor's Affiliate shall reasonably request, and if Grantor's Affiliate does not respond to such Member Request within such fifteen (15) day period, then such request shall be deemed approved. "Grantor's Affiliate" moans the record owner at any point in time of the property and building located thereon commonly known as the Palm Court Building, 140 NE 39T1-1 Street, Miami, Florida ("Palm Court Property"), which the parties acknowledge currently is Oak Plaza Associates (Del.) LLC. 2 1032309.v2 Book29443/Page296 CFN#20140881114 Page 2 of 14 https://www2.miami-dadeclerk.com/OfflcialRecords/PrintDocument,aspx?QS=MwKnucJT676f5CpyksUBcgifSE%2ff1iG8KYbeR5IvHPdvK14I isKi2%2f1wzs3.., 2/14 12/15/2015 MiamI-Dade Official Records - Print Document C. Grantee shall pay all costs and expenses with respect to the design, development, construction, zoning, maintenance and operation of the Museum Building and the Property. D, The plans and specifications for the Museum Building, which Grantee shall deliver to Grantor and Grantor's Affiliate no later than twelve (12) months after the Effective Date, shall be subject to the prior written approval of Grantor and Grantor's Affiliate, which approval shall not be unreasonably withheld or delayed, E. Grantee shall commence construction of the Museum Building on the Property within eighteen (18) months after the date the Grantor and Grantor's Affiliate have approved in writing the plans and specifications submitted by the Grantee for the Museum Building, as such date may be extended by Unavoidable Delays (defined below). For purposes of this Agreement, "Unavoidable Delays" means delays due to storms, acts of God, strikes, lockouts, labor troubles, inability to procure labor or materials or reasonable substitutes therefor, failure of power, governmental requirements or governmental delay in issuing permits or sign -offs, fire or other casualty damage, war or civil disorder, acts of terrorism, or other causes beyond the reasonable control of Grantee; provided, however, Unavoidable Delays shall not include delays resulting from changes in economic or market conditions, or financial or internal problems of Grantee that can be satisfied by the payment of money. F, Grantee shall complete construction of the Museum Building and obtain final certificates) of occupancy therefor within forty-eight (48) months after the Effective Date, as such date may be extended by Unavoidable Delays. G. Grantee shall open the Museum and the Museum Building to the public within sixty (60) months after the Effective Date, as such date may be extended by Unavoidable Delays; provided, however, in any event the Museum and the Museum Building must be open to the public within eighty-four (84) months after the Effective Date, H. Grantee shall obtain the written consent of Grantor's Affiliate prior to any transfer of the Property (which consent shall not be unreasonably withheld or delayed), and any such transfer shall be subject and subordinate to the Deed Covenants (provided, however, that at all times the Grantee shall be permitted to obtain construction and/or permanent financing for the Museum Building and/or the Property without the consent of Grantor's Affiliate, provided that any mortgage or other encumbrance evidencing and/or securing such financing shall be subject and subordinate to the Deed Covenants). Upon completion of construction of the Museum Building and the opening of the Museum and the Museum Building to the public, Grantee will thereafter continuously operate and maintain the Museum Building as a superior quality contemporary art/art of our time museum or exhibition hall in a similar manner as the Prior Museum was being operated, and which Museum shall be the principal museum of Grantee. Grantee will not use or permit the Property and/or the Museum Building to be used for any other purpose without the prior written approval of Grantor's Affiliate; provided however that the Museum Building may be used as the venue for fundraisers for the Museum and other events relating to the Museum and may be rented for private events, so long as the same do not prevent the Museum Building from primarily being used as a contemporary art/art of our time exhibition hall or museum, as provided above, 3 1032309.1,2 Book29443/Page297 CFN#20140881114 Page 3 of 14 https://www2.m iam i-dadecl erk.com/Official Records/Pri ntD ocument.aspx7QS= MwKnucJT676f5CpyksIJ BcgifSE%2ffhG8KYbeR5I vH PdvK141 isKi 2%2f1 wzs3... 3/14 12/15/2015 Miami -Dade Official Records - Print Document I, In the event (i) the Property and/or Museum Building ever ceases to be used and operated as the principal museum of Grantee and as a contemporary art/art of' our time exhibition hall or museum, that exhibits contemporary art/ art of our time in accordance with Paragraph B above, or (ii) a violation of any of the other Deed Covenants shall occur, and such event shall continue for thirty (30) days following written notice to Grantee ("Default Notice"), then Grantor's Affiliate shall have the right (but not the obligation), in its sole and exclusive discretion, by written notice given to Grantee (the "Direction"), to direct CJrantee to convey (at Grantee's sole cost and expense) all right, title and interest of Grantee in and to the Property and all improvements and fixtures then located thereon to another charitable organization that is exempt from federal income tax and of the same classification for tax purposes as Grantee ("Eligible Organization") selected by Grantor's Affiliate, in its sole and absolute discretion. Upon receipt of the Direction, Grantee shall immediately convey the Property, improvements and fixtures to the Eligible Organization unless Grantee shall, in good faith, within ten (10) business days after receipt of the Direction, contest the Direction and the assertion in the Default Notice that the Property is not being used for the Museum in accordance with Paragraph B above and as the principal museum of Grantee or that Grantee has violated any of the other Deed Covenants, If Grantee timely contests the Direction and the assertion, then the parties shall agree upon a neutral third party Florida Supreme Court certified mediator whose final decision regarding the use of the Property and compliance with the Deed Covenants shall be final and binding. If the Grantee does not timely contest Grantor's Affiliate's assertion that the Property is not being used in compliance herewith, or if a mediator determines that the Property is not being used in compliance herewith, then the Grantee shall (at Grantee's sole cost and expense) immediately execute and deliver to Grantor's Affiliate and/or the Eligible Organization any documents, including without limitation an appropriate deed and bill of sale (in recordable form if required), requested by Grantor's Affiliate and/or the Eligible Organization to accomplish the conveyance to the Eligible Organization pursuant to the Direction (collectively, "Conveyance Documents"). If Grantee breaches, or threatens to commit a breach of, its obligations to deliver the Conveyance Documents and vacate the Property pursuant to the terms herein, then Grantor's Affiliate shall have the right and remedy to have Grantee's obligations to deliver the Conveyance Documents and to vacate the Property pursuant to the Direction specifically enforced by any court of competent jurisdiction without the necessity of posting a bond, it being agreed that any breach or threatened breach of such obligations would cause irreparable injury to Grantor and Grantor's Affiliate and that money damages would not provide an adequate remedy to Grantor and Grantor's Affiliate, which right and remedy is in addition to, and not in lieu of, any other rights and remedies available to Grantor or Grantor's Affiliate under law or in equity. Upon the contemplated conveyance of the Property and all improvements and fixtures (it being understood that the art owned, being exhibited at or otherwise located within the Museum Building are not improvements or fixtures) then located thereon to the Eligible Organization, Grantee shall have no further right, title or interest in or to the Property or the improvements and fixtures then located thereon. Grantee and any other occupants shall vacate and surrender the Property immediately upon its conveyance thereof. In the event that Grantor's Affiliate consents (in its sole and absolute discretion) to any transfers of the Property by Grantee in the future, the transferee will be subject to the Deed Covenants and the Deed Covenants will be included in the deed to be delivered to transferee in connection with such transfer. Any notices to Grantee pursuant to this Paragraph shall be sent to the person and address for the owner of the Property listed in the 4 1032309.v2 Book29443/Page298 CFN#20140881114 Page 4 of 14 https://www2.m iam i-dadecl erk.com/Official Records/Printo ocument.aspx?QS= Mw KnucJT676f5C pyks U BcgifSP%2ffhG8KYbeR 5IvH PdvK14I isKi 2%2f1 wzs3... 4/14 12/15/2015 Miami -Dade Official Records - Print Document Miami -Dade Property Appraiser's records at the time such notice is given. The aforesaid Deed Covenants may be terminated or amended, and any portion thereof may be waived, only by a written agreement executed by Grantor or Grantor's Affiliate and joined in and consented to by the Grantee or its successor(s) in interest to the Property. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signatures on Following Page 5 1032309 v2 Book29443/Page299 CFN#20140881114 Page 5 of 14 https://www2.m iam i-dadecl erk.com/Offl cial Records/Pri nlDocument.aspx?QS=MwKnucJT676f5O pyksU BcgifSE%2ffhG8KYbeR5IvH PdvK141 isKi 2%2f1 wzs3... 5/14 12/15/2015 Mlam l-Dade Official Records - Print Document Signed, sealed and delivered in our presence: Ac-ec, cll(1Ct MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, by MDDA Phase III Holdings, LLC, a Delaware limited liability company, its sole member, by Mia ' Design District Associates Manager, , ' elaware limited liability compan Bv: tenstein, Vice President STATE OF FLORIDA j, COUNTY OF Miami * tJ Abe The foregoing instrument was acknowledged before me this day of December, 2014 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company as the Manager of MDDA Phase III Holdings, LLC, a Delaware limited liability company, on behalf of that company as the sole member of MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, on behalf of that company, He is personally known to me. 1.. Wj- NOTARY PUBLIC, STA FE, OF FLORIDA AT LARGE My Commission Expires: 6 1032309,v2 [SEAL] 4o0,7,C 1,/, ALICIA AIAN8Q WELCH MY COMMISSION t EE 859276 T'. EXPIRES: AprH18,2017 Poor MCP? Banded Thu BudgM Notary Seedces Book29443/Page300 CFN#20140881114 Page 6 of 14 https://www2.m tam i-dadecl erk. com/Official Records/Prl ntD ocument.aspx?QS= MwKnucJT676f5C pyksU BagifSE%2111hG8KYbeR51vH PdvK141 isKi 2%2f 1 wzs3... 6/14 12/15/2015 Miami -Dade Official Records - Print Document EXHIBIT A WORKS OF ART Artist Work 1 Abakanowicz, Magdalena Black Balls/Seated Balls III 2 Ackermann, Rita African Nurse 3 Ackermann, Rita Firecrotch 4 Alys, Francis Sin titulo (Untitled) 5 Arcangel, Cory Apple Garage Band Auto Tune Demonstration 6 Arsham, Daniel ODE/EON (Marquee) 7 Augustyniak, Mathias M/M Wallpaper Poster 8 Azaceta, Luis Cruz Homage to James Ensor 9 Baldessari, John Palm Trees 10 Baldessari, John Three Red Paintings 11 Balkenhol, Stephan Untitled (Seated Man) 12 Bas, Hernan Dearest Margaret, With the exception of Paul's complexion the expedition is going (well) [well strikethrough]as planned... 13 Bas, Hernan Fleeting Moments 14 Bas, Hernan Slim Fast Silhouette 15 Bas, Hernan Untitled (Crystal Ball) 16 Baumgarten, Lothar Land of the Silent Dogs 17 Baxter, Bhakti Black Onyx Wall with Light Source 18 Benglis, Lynda Female Sensibility 19 Bock, John Zero Hero 20 Bourgeois, Louise Untitled 21 Bulloch, Angela Ann Lee Konnektikit 22 Burr, Tom Bush Laid Bare A-1 1032309.v2 Book29443/Page301 CFN#20140881114 Page 7 of 14 https://www2.miami-dadeclerk.com/OfficialRecords/PrintDocument.aspx7QS=MwKnucJT676f5CpyksUBcgIfSE%2ffhG8KYbeR5lvHPdvK14IisK12%2f1wzs3,,, 7/14 12/15/2015 Miami -Dade Official Records - Print Document 23 Burton, Jeff Untitled #26 (black couch) 24 Burton, Jeff Untitled #37 (red plaid/white socks) 25 Capelan, Carlos Untitled 26 Capelan, Carlos Untitled 27 Castaneda, Consuelo Betty-Kahlo 28 Chetrit, Talia Vase/Screen 29 Chetrit, Talia Vasegram #3 30 Copley, William Birdshot 31 Copley, William Longpont 32 Cordova, William Music for the Morning After 33 Cordova, William Untitled 34 Craven, Ann Bird in White (for Johnny Cash) White Bird 35 Craven, Ann Little One Eye (White Bird #2) 36 Crewdson, Gregory Untitled 37 Crewdson, Gregory Untitled 38 Curlet, Francois Witness Screen/Ecran Temoin 39 D'Arcangelo, Alan Landscape III 40 Delaveleye, Nick Untitled (278 Fleeting Monuments) 41 Di Suvero, Mark Untitled 42 Diez, Jose Antonio Hernandez Untitled 43 Dzama, Marcel Untitled ('Bear Season") 44 Dzama, Marcel Untitled (Female Figure with Bear) 45 Eisenman, Nicole Amazon Scene 46 Emin, Tracey • Why I Never Became a Dancer 47 Essenhigh, Inka Poor Puppy 48 Essenhigh, Inka Volcanic Ash 49 Fisher, Naomi Untitled 50 Fisher, Naomi Untitled A-2 1032309,v2 Book29443/Page302 CFN#20140881114 Page 8 of 14 https://www2.m iam i-dadecl erk.com/Offi ciai Records/Pri ntDocument.aspx?QS= MwKnucJT676f5CpyksU BcgifSE%2ffhG8KYbeR5I vH PdvK141IsKi 2%2f1 wzs3... 8/14 12/15/2015 Miami -Dade Official Records - Print Document 51 Flavin, Dan Puerto Rican Lights (to Jeanie Blake) #2 52 Fleury, Lill A Worm in an Apple 53 Floyer, Ceal 100% 54 Fontaine, Claire Please Come Back (K. font: American version) 55 Friedman, Dara Bim Bam 56 Gelfman, Lynne Burqa, Green 57 Gillick, Liam Ann Lee You Proposes 58 Gispert, Luis Stereomongrel 59 Gonzalez-Foerster, Dominique Annlee in Anzen Zone 60 Gonzalez -Torres, Felix Untitled (Ross in L.A.) 61 Guerrier, Adler Untitled (Airport) 62 Handforth, Mark untitled (Lovelight) 63 Handforth, Mark Weeping Moon 64 Henriquez, Quisqueya Entelequia 65 Hirschhorn, Thomas Diorama 66 Hodges, Jim View (metallic) 67 Holstad, Christian Empty Trust 68 Holstad, Christian House Training #15 69 Holstad, Christian House Training #16 70 Holstad, Christian House Training #2 71 Holstad, Christian House Training #25 72 Holstad, Christian House Training #3 73 Holstad, Christian House Training#4 74 Horn, Roni Pair Object Via 75 Hubbard, Alex Screens for Recalling the Blackout 76 Huyghe, Pierre One Million Kingdom 77 Huyghe, Pierre Skin of Light 78 Huyghe, Pierre Two Minutes Out of Time -Ann Lee 79 Joseph, Pierre Trickster Theory 80 Julien, Isaac True North 81 June Paik, Nam Burn Calories, Not Octane 82 Kienholz, Ed and Nancy The Soup Course at the She -She Cafe 83 King, William Amor A-3 1032309.v2 Book29443/Page303 CFN#20140881114 Page 9 of 14 https://www2.m i am i-dadecl erk.com (Official Records/PrintDocument.aspx?QS= MwKnucJT676f5C pyksU BcgifSE%%2ffhG8KYbeR5IvH PdvK141 isKi2%2f1wzs3. 9/14 12/15/2015 Miami -Dade Official Records - Print Document 84 Kjartansson, Ragnar Death and The Children 85 Kuitca, Guillermo Untitled 86 Lassry, Elad Guinevere (Green) 87 Lassry, Elad Papayas 88 Lassry, Elad Teal Swirl 89 Lee -Chun, Susan You are cordially Invited to tea time 90 Leonard, Zoe Dress & Suit (For Nancy) 91 Leonard, Zoe Rear View (Geoffrey Beene Fashion Show) 92 Mar, Pepe Caneza (Orange) 93 Marclay, Christian Whistle 94 McCollum, Allan Surrogate Paintings 95 Meese, Jonathan BABY ADMIRAL NULLPE, SEA BATTLE NO PROBLEM 96 Mendieta, Ana Untitled (Glass on Body) 97 Mendieta, Ana Untitled (Glass on Face) 98 Miller, John Storage Area 99 Miralda, Antonio Bridal Dress 100 Morley, Malcolm Cradles of Civilization 101 Morley, Malcolm Italian Fighter Pilot (Ace) 102 Murata, Takeshi Shiboogi 103 Nauman, Bruce Lip Sync 104 Neto, Ernesto Un pe de Sonho (A foot of Dream) 105 Nevelson, Louise Untitled 106 Oehlen, Albert Ohne Titel 107 Ofili, Chris Untitled 108 Ofili, Chris Untitled 109 Ohanian, Melik Ann Lee, I'm Dreaming about a Reality 110 Olitski, Jules Dookashee 1 A-4 1032309,v2 Book29443/Page304 CFN#20140881114 Page 10 of 14 https://www2. m i am i-dadeclerk. com/Official Records/Pri ntD ocument.aspx?QS= Mw KnucJT676f5CpyksU BcgifSE%2ffhG8KYbeR 51vH PdvK141 isK12%2f1 wzs, .. 10/14 12/15/2015 Miami -Dade Official Records - Print Document 111 Ono, Yoko Instructions for Photographs 112 Opie, Catherine Justin Bond 113 Orozco, Gabriel Blue Sandals 114 Orozco, Gabriel Common Dream 115 Orozco, Gabriel Migration 116 Orozco, Gabriel Vinud's Ladder 117 Owens, Laura Untitled 118 Pardo, Jorge Round Light, Darker on the Bottom 119 Pardo, Jorge Subscription Lamp II 120 Pardo, Jorge Subscription Lamp II 121 Pardo, Jorge Subscription Lamp II 122 Pardo, Jorge Subscription Lamp II 123 Pardo, Jorge Subscription Lamp II 124 Pardo, Jorge Subscription Lamp II 125 Pardo, Jorge Untitled 126 Parreno, Philippe _ _ Anywhere Out of the World 127 Parreno, Philippe Untitled (fireworks) 128 Perez, Enoc Peter's Vase 129 Perez, Enoc Seagram Building, New York [After a photograph by Ezra Stoller] 130 Pettibon, Raymond Untitled (Hang Ten of 'em) 131 Pettibon, Raymond Untitled (Mother Atlantis) 132 Pettibon, Raymond Untitled (No cockleshells or pukashells) 133 Pettibon, Raymond Untitled (Oh, me if) 134 Pettibon, Raymond Untitled (Onward West) 135 Pettibon, Raymond Untitled (Outside and overhead) 136 Pettibon, Raymond Untitled (Surf? Yea, but why sir?) A-5 1032309.v2 Book29443/Page305 CFN#20140881114 Page 11 of 14 https://www2.rn iami-dadecl erk.com/Offi cial Records/Pr' ntDocument.aspx?QS=MwKnucJT676f5CpyksU BcgifSE%2ffhG8KYbeR5IvH PdvK14I isKi 2%2f1 wzs... 11/14 12/15/2015 Miami -Dade Official Records - Print Document 137 Pettibon, Raymond Untitled (They are for the taking) 138 Pettibon, Raymond Untitled (We must conquer) 139 Pettibon, Raymond Untitled (Where, in sooth, goest thou out?) 140 Pettibon, Raymond Untitled (Why do they call it hanging ten?) 141 Phillips, Richard Annlee Afterlife 142 Pierson, Jack IDOLS 143 Pierson, Jack Untitled 144 Rauschenberg, Robert Cardbird Box 145 Resnick, Milton My Birthplace is 0 146 Rey, Tao Conversation 147 Rhoades, Jason More Moor Morals and Morass 148 Ritchie, Matthew Fast Set (Abraxas, The Child) 149 Ritchie, Matthew Fast Set (Dynamis, The Astronaut) 150 Ritchie, Matthew Fast Set (En Soph, The Child) 151 Ritchie, Matthew Fast Set (Los, The Goiem) 152 Ritchie, Matthew Fast Set (Mixis, the Actress) 153 Ritchie, Matthew Fast Set (The Astronauts Gloves) 154 Ritchie, Matthew Fast Set (The Second Law) 155 Ritchie, Matthew the hour of the apple 156 Rodriguez, Norberto (Bert) Let's Not Talk About It 157 Rohn, David Gymnasts 158 Ruby, Sterling Monument Stalagmite/Skulldragged 159 Ruscha, Edward Nine Swimming Pools A-6 1032309,v2 Book29443/Page306 CFN#20140881114 Page 12 of 14 https://www2.miami-dadeclerk.com/OffcialRecords/PrintDocument.aspx?QS=MwKnucJT676f5CpyksUBcgifSE%2ffhG8KYbeR5lvHPdvK1411sK12%2flwzs.., 12/14 12/15/2015 Miami -Dade Official Records - Print Document 160 Ruscha, Edward Real Estate Oportunities 161 Ruscha, Edward Royal Road Test 162 Ruscha, Edward Some L.A. Apartments 163 Ruscha, Edward The Sunset Strip 164 Ruscha, Edward Thirty Four Parking Lots in LA. 165 Ruscha, Edward Untitled Rooftops 166 Ruscha, Edward Untitled Rooftops 167 Ruscha, Edward Untitled Rooftops 168 Ruscha, Edward Untitled Rooftops 169 Sanchez -Calderon, George (Untitled) Artist's Father Standing Inside of the Niche 170 Sanchez -Calderon, George (Untitled) 1-395 Freeway and Construction 171 Sanchez -Calderon, George (Untitled) Woman Standing Inside of the Niche 172 Sanchez -Calderon, George Niche 173 Scanlan, Joe Last Call Do -It Yourself (Annlee) 174 Schiff, Melanie Circle and Branch 175 Schiff, Melanie Hellroom 176 Schiff, Melanie Ramped 177 Schnabel, Julian Lola 178 Serrano, Andres Ecco Homo 179 Shonibare, Yinka Lady Na Master 180 Sider), Ann -Soft Station 10 and Back Again 181 Simmons, Gary Scat Cab 182 Simmons, Xaviera Harvest 183 Stark, Jen Enchant 184 Steir, Pat Kyoto Chrysanthemus 185 Therrien, Robert No Title (Black Chapel) 186 Therrien, Robert Untitled #100 (Steeple) A-7 1032309.v2 Book29443/Page307 CFN#20140881114 Page 13 of 14 https;//www2.m iam i-dadecl erk. com/Official Records/Pri ntD ocument.aspx?QS= MwKnucJT676f5CpyksU BcgifSE%2ffhG8KYbeR51 vH PdvK141 isKi 2%2flwzs, .. 13/14 12/15/2015 Miami -Dade Official Records - Print Document OR t! If! 29443 PG 0308 LAST PAGE 187 Tiravanija, Rirkrit Untitled (ghost reader C.H.) 188 Trecartin, Ryan Ready (re'Search Wait'S) 189 Tunga de Barros Carvalho e Mello, Jose Untitled 190 Turrell, James Cam (from Still Life Suite) 191 Turrell, James Enzu (from Still Life Suite) 192 Turrell, James Gard (from Still Light suite) 193 Turrell, James Site Plan Roden Crater 1 194 Turrell, James Squat (from Still Light suite) 195 Tuttle, Richard 9 Quantities, 2 to 1 Inch Square 196 Tuttle, Richard Two Red Squares 197 Tuttle, Richard Untitled 198 Tuttle, Richard Untitled 199 VanDerBeek, Sara Druid Hill 200 VanDerBeek, Sara Mirror, Hollywood Boulevard 201 VanDerBeek, Sara Thursday and Sunday 202 VanDerBeek, Sara Treme School Window 203 Vaney, Anna Lena Asleep in the Deep Ann Lee No Ghost Just a Shell 204 von Rydingsvard, Ursula Untitled (Big Bowl) 205 Weiner, Lawrence Broken Off/Beached 206 Welling, James IBHT 207 Wesley, John Dream of Unicorns 208 Willis Thomas, Hank Exxon Black Street Art 209 Willis Thomas, Hank It's The Real Thing! 210 Willis Thomas, Hank So Glad We Made It, 1977/2006 A-8 I032309,v2 Book29443/Page308 CFN#20140881114 Page 14 of 14 https://www2.miami-dadeclerk.com/Official Records/PrintDocument.aspx7QS=MwKnucJT676f5CpyksUBcgifSE%2ffhG8KYbeR5lvHPdvK141isK12%211wzs.., 14/14 Exhibit A Addresses 61 NE 41st ST Miami, FL 33137 53 NE 41st ST Miami, FL 33137 Legal Description Lots 19, 20 and the West 1/2 of Lot 21, Block 8, of BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. {36761458;1} REOE\ E.D 2015 OE,C 14 PM 3r 43 OFFICE,I II rn' CLERK YiOot1 ttte City Clerk, (1) Lobbyist Name; Wernick, Print Form For Office Use Only: CITY OF MIAMI Cheek# 36 e)/7706) Receipt# ' o j .. Ethics Certificate 500 Pan American Drive, Miami, PI., 33133 Phone: (305) 250.5360 LOBBYIST REGISTRATION Steven, J, Last Name, First Name, Middle initial Business Phone: 305,679,5417 Business Address s 3 Ave, Miami, FL E-Mail Address 8teven.werni.ckgakerman,com Zin 33131 (2) Principal Represented Miami Design District and Associates, LLC and associated entities Principal's Business Address3a41 NE 2 Ave, Suite 400, Miami, FL zip 33137 (If different from above) Specl no issue lobbyist has been retained to lobby (if representing a corporation, partnership or trust, give business address of chief officer, partner, or beneficiary of saute, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust). Miami Design District Retail Street SAP; Funding and approvals for NE 2 Ave project; Rezoning and amendments to the SAP; applications related to prapertiee in the SAP, (3) (4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) of the City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (If applicable, please explain) .None. Lobbyists shall pay all registration fees ($525.00 annually, plus $ 105,00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed, The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed, Lobbyist stall ;also suilrrtit 5 certificate of completion of an ethics conrse provided by the Piir_ami-Dade County Commission on Ethics & tPuhtic Trust or City of Miami completed no more than one (1) year prior to registering, I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Sections 2-651 through 2-658 of the City of Miami Code, as amended, including "annual registration, withdrawal, reporting requirements, definitions, examinations, penalties for violations and contingency fees,"e.._.._„ State of Florida, County of Miami -Dade Sworn to and subscribed before me his l q day of SUSLAINEY M, BA1NZ MY COMMISSION r FF 919es9 XPIRES; Dooember 21, 2019 Bond,d Thru Mluy Pubic Un3nmiiel Notary ol^l?O'puty Clerk Note; Annual Registration Fee; Effective through 12'31/2014 State of Delaware Secretary of State Division o Coxporataons Delivered 08:26 AM 07/26/2010 FILED 08:26 AM 07/26/2010 SRV 100770316 - 4852534 FILE CERTIFICATE OF FORMATION OF MIAMI DESIGN DISTRICT ASSOCIATES, LLC This Certificate of Formation of Miami Design District Associates, LLC (the "Company") is being executed by the undersigned for the purpose of forming a limited liability company pursuant to the Delaware Limited Liability Company Act, 1. The name of the Company is Miami Design District Associates, LLC. 2. The address of the registered office of the Company in Delaware is Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801. 3. The name and address of the registered agent for service of process on the Company in the State of Delaware are The Corporation Trust Company at Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of fine 23rd day of July, 2010. /s// Linda Ebin Linda Ebin, as Authorized Person MIA MI 2236 703. l 72496 I9196 State of Florida Department of State I certify from the records of this office that MIAMI DESIGN DISTRICT ASSOCIATES, LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on May 15, 2012. The document number of this limited liability company is M12000002701. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on Apri127, 2015, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fourteenth day of December, 2015 Secretary of State Tracking Number: CU6561651959 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed, https://services.snnbiz.org/Filings/CertificateOfStatus/CertificateAuthen tication LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Miami Design District Associates, LLC, a Delaware Limited Liability Company, on behalf of its subsidiary entities, has made, constituted and appointed, and by these presents do make, constitute and appoint STEVEN J. WERNICK as its true and lawful attorney and in their stead to execute all documents and instruments required with respect to application for an amendment to the Miami Design District Retail Street Special Area Plan under the requirements of the City of Miami Code of Ordinances and Miami 21 Zoning Code, giving and granting unto STEVEN J. WERNICK its said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. I,IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this '1 day of cee AEA) ,2015. Signed and delivered in the presence of: Witness Name (oei1 . to 1 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Miami Desig Delaware Limi' Associates, LLC, a ompany Steven Gretenstein, Vice President The fore oing instrument was acknowledged before me this day of December, 2015, by 11-ev l 6.16 1;Sfc1ai who is personally known to me •or-•---rho—hava-- pr.oclue,ed---a °'c P Lg4c+ 1FOF fl' {36804269;1 } ALICIA ALONSOEWELCFI MY COMMISSION 6 EE 859276 EXPIRES; Aprll 18, 2017 `OP 9ondod Thor Budget NotaryServices a ides •ifitati rr.— tut 0 Wate-,k, NOTARY PUBLIC Print Name; I1 hen eta' My commission expires: 12/14/2015 Detail by Entity Name y, OP A p_r_pAiEm ,,_ 1,10N,s F1,0111° st.r, C.()Rp()RA (4)N (ir mri Detail by Entity Name ForegaLimited Lia ilitv ComDan MIAMI DESIGN DISTRICT ASSOCIATES, LLC Filing Information Document Number M12000002701 FEI/EIN Number 27-3946228 Date Filed 05/15/2012 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Registered Agent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Title MGR HORTION, ALAIN 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Title MGR GRETENSTEIN, STEVEN 3841 NE 2ND AVENUE, SUITE 400 http://search.sunbiz.org/Inquiry/CorporationSearch/SearcbResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MIAMIDESIGNDI... 1/2 12/14/2015 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2013 05/21/2013 2014 04/14/2014 2015 04/27/2015 D 04/27/2015-- ANNUAL REPORT 04/14/2014 -- ANNUAL REPORT 05/21/2013 — ANNUAL REPORT 05/15/2012:- Foreign Limited Detail by Entity Name View image in PDF format View image in PDF format ,..! View image in PDF format View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lni ia &searchNameOrder=MIAMIDESIGNDI... 212 2053747593 5/15/2012 11:26:50 AM PAGE 1/004 Fax Server Division of Corporations i Note; Please print this pogo and use it as a cover sheet. Type the fax audit number (shown below) on the top and bottom of all pages of the document. I1IIII1II1I1 Uh1IfIIII 11 1111 (((1-112000131295 3))) IiIIIIIII1IIIItI si nui11iuo11u1111i111n111 Note DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate 'another cover sheet. Page 1 of 1 P0. From Division of Corporations Fax Number : (950)617-6383 Account Name ; BILZIN St,JMBERQ BAENA PRICE & AXE RO Account Number ; 075350000132 Phone : 1305)370-7580 Fax Number : (305)351-2122 rn -< **Inter the mai.). address Cor this business entity to be uoed for tutut00. annual report mailings. Enter only one email address please,** r-cn Email Addrsus e C3 Drti Foreign Limited Liability Company Miami Design District Associates, LLC ca icc y x Estimated Charge $160.00 J i.1r ePUCE. , . _ ., 16 W2 D. BRACE i7P°14(0401 Mt1f6 2012 Electronic Filing Menu https, //e fi le.sunbiz, org/scripts/efitcovr.exe E ►MINES 12.012 3053747593 5/15/2012 11:26:50 AM PAGE 2/004 Fax Server H12000121295 3 APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA FN COMPl.0 CE w71H SECTION 608.503 F/0/M1 STAN= 7HE KILOWINO IS SUMMED 7O .RECt4S'1122 A I1DREIGN 1.11461 DLI4RWYC ANr'7O7RAMICTh E$wniE.5747EOFFLORIDA Mituni Design District Associates, LLC (Name orForeign Limited Liability Company: must include ''Limited Liability Company," "L.L,C„' "f.LC,") (if name unavailable, enter alternate name adopted for the purpose of irnruactusg business in Florida and attach a copy untie written consent of the utmtagers or managing members adopting dire alteruahe twit e. The alternate name mint Metude "Limited Liability Company," "L.L.0 " "LLC.") 2. Delaware 3. t.Jwisdicubn under the law of which foreign 1Tmiied liability cotttpany re organized) 4. 7/26/10 6. (Date of Organtzatloa) 5 Perpetual (FEI maker, if applicable) t.., tv (Duration: Year hauled Iurinlity carnpany will es $c, to 'F' exist or "porpcntar) 2+ _t --r 671 -01 +'7C to r- (Date text transacted business in Florida, if prior to registration.) (See sections 608.501 & 608.5(1T F.S, to determine penalty liability) 3841 N.E. 2nd Avenue, Suite 400, Miami, Florida 33137 (Street Address of principal Office) 8, if limited liability company is a manager -managed company, check here 9, The name and usual business addresses of the ulauugiug members or managers are as follows; Members oldie Board of Managers: Craig Robins, 3841 N,E, 2ndAvenue, Suite 4Q0, Mitttni, Florida 33137 and Alain Hannon, 3841 Nil. 2n d Avenue, Suite 400, Miami, Florida 33137 10, Attached is an. csignralcertificate ofexistence, nonacre than 90clays aid, duly authesfceclbythe official having custody ofie c* in thejtaisdtiai tallier the law of which it is etgaubsi , (A pi nttxq ly is tictl arciribik. Ifthe ce>rl ism a faagrx langwige, a bansliaion oftlrecatiti tteunderwithat onshier Tina besul:inittecl) 1 I , Nature of business or purposes to be conducted or promoted in Florida; To engage in any lawful net or activity, //s// Linda Ebin Signature of a member or an authorized representative of a xnexnbet. On accordance with section 608,408(3), F S., the execution of this document eanstitutct AA affirmation under the {xaudties of psi -Jury that the facts stated herein are aut, l run aware that any false information submitted o a document to the Department of State constitutes a third degree felony as provided for in a.$17,155, P,S.) Linda Elan, AMIN:nixed Representative Typed or pruned mine of tiiltuee Mini .I4VQi 410cTsr °.lice H12000131295 3 e 3053747583 H12300131295 3 5/15/2012 11:26:50 AM PAGE 3/004 Fax Server CERTIFICATE OF DESIGNATION OF REGISTERED AGENT/REGISTERED OFFICE PURSUANT TO THE PROVISIONS OF SECTION 608,415 or 608,507, FLORIDA STATUTES, THE UNDERSIGNED LIMITED LIABILITY COMPANY SUBMITS THE FOLLOWING STATEMENT TO DESIGNATE A REGISTERED OFFICE AND I?„FGISTERED AGENT IN THE STATE OF FLORIDA. 1. The name of the Limited Liability Company is; Miami Design District Associates, LLC 1f unavailable, the alternate to be used in the state of Florida is: 2, The name and the Florida street address of the registered agent and office are: Creia Robins (Name) 384I ME. 2nd Avenue, Suite 400 Fiends Street Address (P.O. Box JVO1 ACCT.PrANLtfi) Miami FL, 33137 City!Stete/Zip rr, 'rrt..' "t -r1 CZZP Se r" V? CD Arn •c31 7 Having been named as registered agent and to accept service of process for the above stated lhnited liability company at the place designated in this rerttt icate, I hereby accept the appointment as registered agent and agree to act in this capacity. "hillier agree to comply with the provisions of all statutes relating to the proper and complete performance Vary deities, and l am famlll'r with and accept the obligations of illy pavilion as registered agent as provided for in Chapter 60t3, Florida Stanttes. FLA1t • MOS/3010 C T 4/.Nm e.hw 13y: //s// Craig Robtne (Signature) Craig Robins $ 100.00 Fiifng Fee for Application S 25.00 Designation of Registered Agent $ 30.00 Certified Copy (optional) $ 5.00 Certificate of Status (optional) H12000131295 3 3053747593 K12000131295 3 5/15/2012 11:26:50 AM PAGE 4/004 Fax Server Delaware The First State PACIN 1 x, JRFI+REY N. stTLLoOK, SECRETARY OF STATE 08' THE STATE 0P DELAWARE, DO HEREBY CERTIFY "MUNI DESIGN DISTRICT ASSOCIATES, t• LLC" I3 DDZY FORKED UNDER THE LAWS OF THE STATE OP DELAY AND IS IN coop STANDING AND XAS A LEGAL EXISTENCE So FAR AS THE RECORDS OP THIS OFFICE SROW, AS OF THE FOURTEENTH DAY OF MAY, A.D. 2012. AND T DO HEREBY FDRTRER CERTIFY THAT T5B ANNDAL TAXES HAVE BEEN PAID TO DATE. 4852534 0300 ,120560054 You sarily Chi• osrcirJ 4Ce oniin• MG Po i. d•22YYii Yl.gvv/Mutv.r. �Abri1 MAY W, nidLack sxntory of Stete ApTfts TION: 9570722 DATE: 05-14-12 H12000131295 3 Florida Real Estate Decisions Inc. . do December 11, 2015 City of Miami Hearing Boards Division Planning, Building and Zoning Division 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 Re: Property Owners List Within 500 feet of: 24 53 41 BILTMORE SUB PB 6-67 LOTS 19-20 & W1/2 LOT 21 BLK 8 53 & 61 NE 41 ST 16375 N.E. 18« Avenue Suite 300 Miami, FL 33162 (305) 757-6884 1500 West Cypress Creek Rd. Suite 409 Ft, Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd. Suite 110-SS Wellington, FL 33414 (561) 798-4423 WWW.FREDIFL.COM This is to certify that the attached ownership mailing labels are a complete and accurate representation opf the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on file in the Miami -Dade County Tax Assessor's office. Sincerely, e Maureen E. Hudson MEH/ms cc: Marissa R. Amuial AKERMAN LLP One Southeast Third Avenue, Ste 2500 Miami, Florida 33131-1714 Number of Labels: 98 + 22 LITTLE HAITI NET Vi 0131240200850 4100 MIAMI AVE N PB 3-22 BUENA VISTA HGTS ADD AMD PL LOT 1 LESS E1OFT & ALL LOT 2 BLK 5 0131240200860 19 41 ST NW 24 53 41 PB 3-22 BUENA VISTA HGTS ADD AND PL LOT 3 BLK 5 LOT SIZE 50.000 X 144 0131240201020 20 42 ST NW BUENA VISTA HGTS ADD AND PL PB 3-22 LOT 22 BLK 5 LOT SIZE SITE VALUE 0131240201030 4128 MIAMI AVE N BUENA VISTA HGTS ADD AMD S5OFT LOTS 23 & 24 BLK 5 LESS E1OFT TO CITY PB 3-22 LOT SIZE 50.000 X 100 0131240201040 4136 MIAMI AVE N PB 3-22 BUENA VISTA HGTS ADD AND PL N94FT OF LOTS 23 & 24 LESS E1OFT FOR R/W BLK 5 LOT SIZE 94.000 X 100 0131240201060 4202 MIAMI AVE N BUENA VISTA HGTS ADD AND PL PB 3-22 S44FT LOTS 1 & 2 LESS ST BLK 6 LOT SIZE 44.000 X 100 0131240201070 4220 MIAMI AVE N PB 3-22 BUENA VISTA HGTS ADD AMD PL N100FT LOTS 1 & 2 LESS E1OFT OF LOT 1 FOR ST BLK 6 LOT SIZE 100.000 X 100 0131240210220 4030 MIAMI AVE N PRINCESS PARK PB 6-87 LOTS 1 & 2 BLK 2 LOT SIZE SITE VALUE COURTNEY PROPERTIES LLC 5151 PINE TREE DR MIAMI BEACH, FL 33140-2107 COURTNEY PROPERTIES LLC 5151 PINE TREE DR MIAMI BEACH, FL 33140-2107 THE ARCHITECTURAL DESIGN CONSORTIUM INC 4128 N MIAMI AVE MIAMI, FL 33127-2846 THE ARCHITECTURAL DESIGN CONSORTIUM INC 4128 N MIAMI AVE MIAMI, FL 33127-2846 BRAGIO LLC 4141 N MIAMI AVE STE 304 MIAMI, FL 33127-2869 PAVED PARADISE LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 PAVED PARADISE LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 MIAMI LA LA LA LLC C/O GLENN GOLDBERG ESQ MIAMI BAROKH LLC 200 CENTRAL AVE STE 290 SAINT PETERSBURG, FL 33701-4318 Florida Real Estate Decisions, Inc. Page 1of16 0131240210230 20 41 ST NW PRINCESS PARK PB 6-87 LOT 3 BLK 2 LOT SIZE 50.000 X 105 0131240210401 15 40 ST NW PRINCESS PARK PB 6-87 LOT 22 BLK 2 LOT SIZE SITE VALUE 0131240210410 4000 MIAMI AVE N PRINCESS PARK PB 6-87 LOTS 23 & 24 BLK 2 LOT SIZE 100.000 X 114 0131240210420 3946 MIAMI AVE N PRINCESS PARK PB 6-87 LOTS 1 TO 4 INC BLK 3 LOT SIZE IRREGULAR 0131240240490 101 43 ST NE BILTMORE SUB PB 6-67 LOT 15 BLK 3 LOT SIZE 50.000 X 105 0131240240660 15 43 ST NE BILTMORE SUB PB 6-67 LOTS 13 & 14 LESS W10FT BLK 4 LOT SIZE SITE VALUE 0131240240670 25 43 ST NE BILTMORE SUB PB 6-67 LOT 15 BLK 4 LOT SIZE SITE VALUE 0131240240680 31 43 ST NE BILTMORE SUB PB 6-67 LOT 16 & LOT 17 BLK 4 LOT SIZE SITE VALUE COURTNEY PARKING LLC 110 MERRICK WAY STE 3A CORAL GABLES, FL 33134-5236 LIVING ROOM PROP INC 921 SW WASHINGTON ST PORTLAND, OR 97205-2827 LIVING ROOM PROP INC 921 SW WASHINGTON ST STE 220 PORTLAND, OR 97205-2841 3946 MIAMI OWNER LLC C/O MARJORIE S MARGOLIES ETAL 140 N FEDERAL HWY FL 2 BOCA RATON, FL 33432-3946 MARK A STEPHAN &W WENDY 101 NE 43RD ST MIAMI, FL 33137-3411 MARIE ROSE SAMEDI 15 NE 43RD ST MIAMI, FL 33137-3409 SAINT F ALCINDOR &W RITHA 25 LOYD ST LYNN, MA 01902 ANASTASIA KOUTSIOUKIS 31 NE 43RD ST MIAMI, FL 33137-3409 Florida Real Estate Decisions, Inc. Page 2 of 16 0131240240690 43 43 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 18 BLK 4 LOT SIZE SITE VALUE 0131240240700 53 43 ST NE BILTMORE SUB PB 6-67 LOT 19 BLK 4 LOT SIZE SITE VALUE 0131240240710 61 43 ST NE BILTMORE SUB PB 6-67 LOT 20 BLK 4 LOT SIZE 50.000 X 105 0131240240711 71 43 ST NE BILTMORE SUB PB 6-67 LOT 21 BLK 4 LOT SIZE 50.000 X 105 0131240240720 77 43 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 22 BLK 4 LOT SIZE 50.000 X 105 0131240240730 4300 1 AVE NE 24 53 41 BILTMORE SUB PB 6-67 LOT 23 & LOT 24 BLK 4 LOT SIZE IRREGULAR 0131240240740 4222 1 AVE NE BILTMORE SUB PB 6-67 LOT 1 BLK 5 LOT SIZE 50.000 X 100 0131240240750 80 43 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 2 BLK 5 MARCO ESCOBAR & LIDIA BECERRA 43 NE 43RD ST MIAMI, FL 33137-3409 DIEULUS DIDIER & EDELINE DIDIER 51 NE 43RD ST MIAMI, FL 33137-3409 DIEULUS DIDIER &W EDELINE PO BOX 680278 MIAMI, FL 33168-0278 LANDBIRD LLC 11 FARREY LN MIAMI BEACH, FL 33139-8801 RENTLOFT COM LLC 251 N COCONUT LN MIAMI BEACH, FL 33139-5161 GEORGE DARDER 4300 NE 1ST AVE MIAMI, FL 33137-3402 DOLLY MAE PARKER 4222 NE 1ST AVE MIAMI, FL 33137-3518 PIERRE MELHADO JULES I MELHADO NILUFER A OZ 80 NE 43RD ST MIAMI, FL 33137-3410 Florida Real Estate Decisions, Inc. Page 3 of 16 0131240240751 76 43 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 3 BLK 5 LOT SIZE SITE VALUE 0131240240760 68 43 ST NE BILTMORE SUB PB 6-67 LOT 4 & E1/2 OF LOT 5 BLK 5 LOT SIZE SITE VALUE 0131240240770 54 43 ST NE BILTMORE SUB PB 6-67 LOT 6 & W1/2 LOT 5 BLK 5 LOT SIZE 75.000 X 100 0131240240780 46 43 ST NE BILTMORE SUB PB 6-67 LOT 7 BLK 5 LOT SIZE 50.000 X 100 0131240240790 40 43 ST NE BILTMORE SUB PB 6-67 LOT 8 BLK 5 LOT SIZE SITE VALUE 0131240240800 30 43 ST NE BILTMORE SUB PB 6-67 LOT 9 BLK 5 LOT SIZE SITE VALUE 0131240240810 22 43 ST NE BILTMORE SUB PB 6-67 LOT 10 BLK 5 LOT SIZE SITE VALUE 0131240240820 6 43 ST NE BILTMORE SUB PB 6-67 LOTS 11 & 12 BLK 5 LESS W10FT FOR ST LOT SIZE 100.000 X 97 DIEULUS DIDIER 68 NE 43RD ST MIAMI, FL 33137-3410 DIEULUS DIDIER &W EDELINE 68 NE 43RD ST MIAMI, FL 33137-3410 FRANCO ZAMBOLI 54 NE 43RD ST MIAMI, FL 33137-3410 IAN SIMPKINS 46 NE 43RD ST MIAMI, FL 33137-3410 ROGES INNOCENT & MARIE J MENARD 40 NE 43RD ST MIAMI, FL 33137-3410 ROGES INNOCENT 30 NE 43RD ST MIAMI, FL 33137-3410 SABY L FABELO 22 NE 43RD ST MIAMI, FL 33137-3410 BOSCHFL LLC 999 BRICKELL AVE STE 900 MIAMI, FL 33131-3059 Florida Real Estate Decisions, Inc. Page 4of16 0131240240830 7 42 ST NE BILTMORE SUB PB 6-67 LOTS 13 & 14 LESS W1OFT BLK 5 LOT SIZE 100.000 X 97 0131240240840 17 42 ST NE BILTMORE SUB PB 6-67 LOT 15 BLK 5 LOT SIZE SITE VALUE 0131240240850 29 42 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 16 BLK 5 LOT SIZE SITE VALUE 0131240240860 35 42 ST NE BILTMORE SUB PB 6-67 LOT 17 BLK 5 LOT SIZE SITE VALUE 0131240240870 45 42 ST NE BILTMORE SUB PB 6-67 LOT 18 BLK 5 LOT SIZE SITE VALUE 0131240240880 51 42 ST NE BILTMORE SUB PB 6-67 LOT 19 BLK 5 LOT SIZE SITE VALUE 0131240240890 59 42 ST NE BILTMORE SUB PB 6-67 LOT 20 BLK 5 LOT SIZE SITE VALUE 0131240240900 65 42 ST NE BILTMORE SUB PB 6-67 LOT 21 BLK 5 LOT SIZE SITE VALUE JEFFREY T JERNIGAN 7 NE 42ND ST MIAMI, FL 33137-3523 JEFFREY T JERNIGAN 7 NE 42ND ST MIAMI, FL 33137-3523 CORALSTONE PRODUCTIONS LLC 4728 NE MIAMI PL MIAMI, FL 33137-3122 CHRISTINE ANDRE EVELYN ANDRE 4185 NW 1ST AVE MIAMI, FL 33127-2861 JOHN GILPIN & BYRL GILPIN 45 NE 42ND ST MIAMI, FL 33137-3588 ANTONIO JOSE GRULLON 51 NE 42ND ST MIAMI, FL 33137-3523 TRAVIS JOHN COTT DAMARIS COTT 59 NE 42ND ST MIAMI, FL 33137-3523 PATRICIA ARCHER 65 NE 42ND ST MIAMI, FL 33137-3523 Florida Real Estate Decisions, Inc. Page 5 of 16 0131240240910 71 42 ST NE BILTMORE SUB PB 6-67 LOT 22 BLK 5 LOT SIZE SITE VALUE 0131240240920 91 42 ST NE BILTMORE SUB PB 6-67 LOT 23 BLK 5 LOT SIZE SITE VALUE 0131240240921 4200 1 AVE NE. 24 53 41 BILTMORE SUB PB 6-67 LOT 24 BLK 5 LOT SIZE 50.000 X 100 0131240241020 126 43 ST NE BILTMORE SUB PB 6-67 LOT 11 BLK 6 LOT SIZE SITE VALUE 0131240241030 122 43 ST NE BILTMORE SUB PB 6-67 LOT 12 BLK 6 LOT SIZE SITE VALUE 0131240241040 100 43 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOTS 13 & 14 BLK 6 0131240241050 111 42 ST NE BILTMORE SUB PB 6-67 LOTS 15 & 16 BLK 6 LOT SIZE 100.000 X 100 0131240241070 131 42 ST NE BILTMORE SUB PB 6-67 LOTS 17 & 18 BLK 6 LOT SIZE 100 X 100 0131240241075 BILTMORE SUB PB 6-67 LOT 19 BLK 6 LOT SIZE 50.000 X 100 YIGIT M ARAL &W MARIA A MORALES 2125 BISCAYNE BLVD STE 100 MIAMI, FL 33137-5005 WILFRED NELSON CLAUDETTE NELSON 91 NE 42ND ST MIAMI, FL 33137-3523 ARISTOS DEVELOPMENTS LLC 175 SW 7TH ST STE 2112 MIAMI, FL 33130-2962 WASHINGTON F GAMBOA 126 NE 43RD ST MIAMI, FL 33137-3412 ROBIN PORTER 122 NE 43RD ST MIAMI, FL 33137-3412 ERNESTO ALFREDO MATHIES HILL 126 E RIVO ALTO DR MIAMI BEACH, FL 33139-1246 DAVID BRACHA &W JOAN 111 NE 42ND ST MIAMI, FL 33137-3517 MDDA BLUE SKY LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 MDDA BLUE SKY LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 Florida Real Estate Decisions, Inc. Page6of16 0131240241140 4135 1 AVE NE BILTMORE SUB PB 6-67 LOTS 1 & 2 BLK 7 LOT SIZE 100.000 X 115 0131240241150 115 41 ST NE BILTMORE SUB PB 6-67 LOTS 3 & 4 BLK 7 LOT SIZE 104.600 X 115 0131240241160 135 41 ST NE BILTMORE SUB PB 6-67 LOT 5 BLK 7 LOT SIZE 60.000 X 105 0131240241170 120 42 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 6 BLK 7 LOT SIZE SITE VALUE 0131240241180 4120 1 AVE NE BILTMORE SUB PB 6-67 LOTS 1 & 2 BLK 8 LOT SIZE 100.000 X 100 0131240241190 80 42 ST NE BILTMORE SUB PB 6-67 LOT 3 BLK 8 LOT SIZE SITE VALUE 0131240241200 68 42 ST NE BILTMORE SUB PB 6 67 LOT 4 BLK 8 LOT SIZE SITE VALUE 0131240241210 58 42 ST NE BILTMORE SUB PB 6-67 LOT 5 BLK 8 LOT SIZE SITE VALUE NELSON EDUARDO SANCHEZ JTRS DAISY RUEDA SANCHEZ JTRS 4135 NE 1ST AVE MIAMI, FL 33137-3503 FCAA LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SCARLET BEGONIA HOLDINGS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 BLUE BAY INVESTMENTS LLC 4628 EL MAR DR FORT LAUDERDALE, FL 33308-3618 BASIL BINNS II 4120 NE 1ST AVE MIAMI, FL 33137-3504 80 NE 42ND STREET LLC 4141 NE 2ND AVE STE 200B MIAMI, FL 33137-3558 INSTITUTE OF CONTEMPORARY ART MIAMI INC 4040 NE 2ND AVE STE 200 MIAMI, FL 33137-3548 INSTITUE OF CONTEMPORARY ART MIAMI INC 4040 NE 2ND AVE STE 200 MIAMI, FL 33137-3548 Florida Real Estate Decisions, Inc. Page 7 of 16 0131240241220 50 42 ST NE 24-53-41 BILTMORE SUB PB 6-67 LOT 6 BLK 8 LOT SIZE SITE VALUE 0131240241221 44 42 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOT 7 BLK 8 LOT SIZE SITE VALUE 0131240241230 36 42 ST NE BILTMORE SUB PB 6-67 LOT 8 BLK 8 0131240241231 26 42 ST NE BILTMORE SUB PB 6-67 LOT 9 BLK 8 LOT SIZE 50 X 100 0131240241240 18 42 ST NE BILTMORE SUB PB 6-67 LOT 10 BLK 8 LOT SIZE 50 X 100 INSTITUE OF COMTEMPORARY ART MIAMI INC 4040 NE 2ND AVE STE 407 MIAMI, FL 33137-3550 GRUPO QUADRO REAL ESTATE LLC 4141 NE 2ND AVE STE 106A MIAMI, FL 33137-3500 SARIMA GRACIA VEGA 36 NE 42ND ST MIAMI, FL 33137-3522 BELLAMY LLC 6650 PINETREE LN MIAMI BEACH, FL 33141-4531 HAMMY INC 251 N COCONUT LN MIAMI BEACH, FL 33139-5161 0131240241250 ONE FOUNTAINHEAD CENTER LLC 4141 MIAMI AVE N 4141 N MIAMI AVE STE 304 34 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33127-2869 LOTS 11 & 12 LESS W10FT FOR R/W BLK 8 LOT SIZE 100.000 X 97 0131240241270 4111 MIAMI AVE N 24 53 41 BILTMORE SUB PB 6-67 LOT 13 BLK 8 LOT SIZE 52.000 X 107 0131240241280 15 41 ST NE BILTMORE SUB PB 6-67 LOT 14 LESS W1OFT BLK 8 LOT SIZE 52.600 X 97 GRUPO QUADRO REAL EST LLC C/O RAMON ROJAS 90 ALTON RD APT 1804 MIAMI BEACH, FL 33139-6883 EFM 41 STREET INVESTMENT LLC 15 NE 41ST ST MIAMI, FL 33137-3513 Florida Real Estate Decisions, Inc. Page 8of16 0131240241290 23 41 ST NE BILTMORE SUB PB 6-67 LOT 15 BLK 8 LOT SIZE 50.000 X 105 0131240241300 31 41 ST NE BILTMORE SUB PB 6-67 LOT 16 BLK 8 LOT SIZE 50.000 X 105 0131240241301 BILTMORE SUB PB 6-67 LOT 17 BLK 8 LOT SIZE 50.000 X 105 0131240241310 45 41 ST NE BILTMORE SUB PB 6-67 LOT 18 BLK 8 LOT SIZE 50.000 X 105 0131240241340 77 41 ST NE BILTMORE SUB PB 6-67 LOT 22 & E1/2 LOT 21 BLK 8 LOT SIZE 75.000 X 105 0131240241350 4100 1 AVE NE BILTMORE SUB PB 6-67 LOTS 23 & 24 LESS N46FT BLK 8 LOT SIZE 58.600 X 100 0131240241351 4112 1 AVE NE BILTMORE SUB PB 6-67 N46FT OF LOTS 23 & 24 BLK 8 LOT SIZE 46.000 X 100 0131240241360 90 41 ST NE BILTMORE SUB PB 6-67 LOT 1 BLK 9 LOT SIZE 50.000 X 105 41 43 NW 41 ST LLC 4 HARBOR PT KEY BISCAYNE, FL 33149-1716 41ST ST ART SPACE LLC 4 HARBOR PT KEY BISCAYNE, FL 33149-1716 41 ST ART SPACE LLC 4 HARBOR PT KEY BISCAYNE, FL 33149-1716 45 DESIGN DISTRICT LLC 4141 NE 2ND AVE STE 200B MIAMI, FL 33137-3558 UPTOWN GIRL DEVELOPMENT LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 UPTOWN GIRL DEVELOPMENT LLC C/O DACRA 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 KTP LAND LTD 4112 NE 1ST AVE MIAMI, FL 33137-3504 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 Florida Real Estate Decisions, Inc. Page 9of16 0131240241370 84 41 ST NE BILTMORE SUB PB 6-67 LOT 2 BLK 9 LOT SIZE 50.000 X 105 0131240241380 80 41 ST NE BILTMORE SUB PB 6-67 LOT 3 BLK 9 LOT SIZE 50.000 X 105 0131240241390 60 41 ST NE 24 53 41 BILTMORE SUB PB 6-67 LOTS 4 & 5 BLK 9 LOT SIZE SITE VALUE 0131240241400 56 41 ST NE BILTMORE SUB PB 6 67 LOT 6 BLK 9 LOT SIZE 50 X 105 0131240241410 42 41 ST NE BILTMORE SUB PB 6-67 LOT 7 BLK 9 LOT SIZE 50.000 X 105 0131240241420 34 41 ST NE BILTMORE SUB PB 6-67 LOT 8 BLK 9 LOT SIZE 50.000 X 105 0131240241430 28 41 ST NE BILTMORE SUB PB 6-67 LOT 9 BLK 9 LOT SIZE 50.000 X 105 0131240241440 20 41 ST NE BILTMORE SUB PB 6-67 LOT 10 BLK 9 LOT SIZE 50.000 X 105 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SWEET VIRGINIA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 41ST ST ART SPACE LLC 4 HARBOR PT KEY BISCAYNE, FL 33149-1716 ORCHARD HOLDING INVEST GROUP LLC 20900 NE 30TH AVE STE 514 MIAMI, FL 33180-2164 Florida Real Estate Decisions, Inc. Page 10of16 0131240241450 10 41 ST NE BILTMORE SUB PB 6-67 LOTS 11 & 12 LESS W52FT BLK 9 LOT SIZE SITE VALUE 0131240241460 4029 MIAMI AVE N BILTMORE SUB PB 6-67 W52FT OF LOTS 11 & 12 LESS W1OFT FOR R/W BLK 9 LOT SIZE SITE VALUE 0131240241500 140 41 ST NE BILTMORE SUB PB 6-67 LOT 8 BLK 10 LOT SIZE 50.000 X 105 0131240241510 24 53 41 BILTMORE SUB PB 6-67 LOT 9 BLK 10 LOT SIZE 50.000 X 105 0131240241520 24 53 41 BILTMORE SUB PB 6-67 LOT 10 BLK 10 LOT SIZE 50.000 X 105 0131240241530 112 41 ST NE BILTMORE SUB PB 6-67 LOT 11 BLK 10 LOT SIZE 50.100 X 105 0131240241540 4039 1 AVE NE BILTMORE SUB PB 6-67 LOT 12 BLK 10 LOT SIZE 50.000 X 105 0131240241550 150 42 ST NE 24 53 41 1.5 AC BILTMORE SUB PB 6-67 W325FT UNNUMBERED TR LESS RD MARKED Z T MERRITT LOT SIZE IRREGULAR DIECI DEVELOPMENT LLC 1024 LENOX AVE APT 5 MIAMI BEACH, FL 33139-4828 4029 N MIA AVE LLC 6218 N FEDERAL HWY FORT LAUDERDALE, FL 33308-1904 FCAA LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 DESIGN DIST DEV PARTNERS LLC 6547 MIDNIGHT PASS RD # 3 SARASOTA, FL 34242-2506 DESIGN DIST DEV PARTNERS LLC 6547 MIDNIGHT PASS RD # 3 SARASOTA, FL 34242-2506 DESIGN DIST DEV PARTNERS LLC 6547 MIDNIGHT PASS RD # 3 SARASOTA, FL 34242-2506 TINY DANCER ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 FCAA LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 Florida Real Estate Decisions, Inc. Page 11 of 16 0131240270062 145 40 ST NE COMM BILTMORE PB 6-132 LOT 15 BLK 1 LOT SIZE 25.000 X 100 0131240270070 123 40 ST NE COMM BILTMORE PB 6-132 LOTS 16 THRU 20 BLK 1 LOT SIZE 125.000 X 100 0131240270100 111 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOTS 21 & 22 BLK 1 LOT SIZE IRREGULAR 0131240270110 101 40 ST NE COMM BILTMORE PB 6-132 LOTS 23 & 24 BLK 1 LOT SIZE 50.000 X 100 0131240270120 95 40 ST NE COMM BILTMORE PB 6-132 LOTS 1 2 3& 4 BLK 2 LOT SIZE 100.000 X 100 0131240270130 81 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOTS 5 TO 7 INC BLK 2 LOT SIZE 75.000 X 100 0131240270140 73 40 ST NE COMM BILTMORE PB 6-132 LOTS 8 & 9 BLK 2 LOT SIZE 50.000 X 100 0131240270150 71 40 ST NE COMM BILTMORE PB 6-132 LOT 10 BLK 2 LOT SIZE 25.000 X 100 GATOR AQUISITIONS INC 1595 NE 163RD ST NORTH MIAMI BEACH, FL 33162-4717 GATOR AQUISITIONS INC 1595 NE 163RD ST NORTH MIAMI BEACH, FL 33162-4717 111 NE 40 ST LC C/O CHARIFF REALTY GROUP 4141 NE 2ND AVE STE 200B MIAMI, FL 33137-3558 MIAMI DD 101 BLUE LLC C/O CENTURY REALTY INC 22 CORTLANDT ST FL 5TH NEW YORK, NY 10007-3109 LOVELY RITA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SWEET VIRGINIA ACQUISITIONS TWO 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 GOD IS AMAZING LLC RAJNI AGARWAL TRS RAJNI AGARWAL TRUST 660 CAMPANA AVE CORAL GABLES, FL 33156-4223 IVETTE ARANGO INTERIOR DESIGNS LLC 71 NE 40TH ST MIAMI, FL 33137-3509 Florida Real Estate Decisions, Inc. Page 12of16 0131240270160 61 40 ST NE COMIN BILTMORE PB 6-132 LOT 11 BLK 2 LOT SIZE 25.000 X 100 0131240270170 51 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOTS 12 & 13 BLK 2 LOT SIZE SITE VALUE 0131240270180 35 40 ST NE COMM BILTMORE PB 6-132 LOTS 14 THRU 18 BLK 2 LOT SIZE 125.00 X 100.00 0131240270210 1 40 ST NE COMM BILTMORE PB 6-132 LOTS 19 THRU 24 LESS W10FT OF LOTS 21 TO 24 FOR R/W BLK 2 LOT SIZE IRREGULAR 0131240270270 92 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOTS 1-2 & 3 BLK 3 LOT SIZE 75.000 X 100 0131240270300 80 40 ST NE COMM BILTMORE PB 6-132 LOTS 4-5-6 BLK 3 LOT SIZE 75.000 X 100 0131240270320 74 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOT 7 BLK 3 0131240270330 70 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOT 8 BLK 3 LOT SIZE 25.000 X 100 VESE LLC C/O IVETTE AREVALO 71 NE 40TH ST MIAMI, FL 33137-3509 OXFER COLLECTION CORP 3148 INDIANA ST MIAMI, FL 33133-4413 RS JZ DESIGN 40 LLC 45 MAIN ST STE 628 BROOKLYN, NY 11201-1085 RS JZ DESIGN 40 LLC C/O REDSKY CAPITAL LLC 45 MAIN ST STE 628 BROOKLYN, NY 11201-1085 NORWEGIAN WOOD ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 MIAMI DD 80 BLUE LLC C/O CENTURY 21 22 CORTLANDT ST FL 5 NEW YORK, NY 10007-3109 MIAMI DD 70 BLUE LLC 22 CORTLANDT ST # 5FL NEW YORK, NY 10007-3107 MIAMI DD 70 BLUE LLC 22 CORTLANDT ST # 5FL NEW YORK, NY 10007-3107 Florida Real Estate Decisions, Inc. Page 13 of 16 0131240270340 66 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOT 9 BLK 3 LOT SIZE 25.000 X 100 0131240270350 56 40 ST NE COMM BILTMORE PB 6-132 LOT 10 & LOT 11 BLK 3 LOT SIZE 50,000 X 100 0131240270360 50 40 ST NE COMMERCIAL BILTMORE PB 6-132 LOTS 12 THRU 14 BLK 3 LOT SIZE 75.000 X 100 0131240270390 40 40 ST NE COMM BILTMORE PB 6-132 LOT 15 & LOT 16 BLK 3 LOT SIZE 50.000 X 100 0131240270400 28 40 ST NE COMM BILTMORE PB 6-132 LOTS 17 & 18 BLK 3 LOT SIZE 50 X 100 0131240270420 10 40 ST NE 24 53 41 COMM BILTMORE PB 6-132 LOTS 19 & 20 & E5FT OF LOTS 21 TO 24 INC BLK 3 & N 2 IN OF LOT 10 & N 2 IN OF E2FT OF LOT 11 BLK 1 OF BILTMORE COURT PB 7- 37 LOT SIZE 55.000 X 100 0131240270430 3995 MIAMI AVE N COMM BILTMORE PB 6-132 W102FT OF LOTS 21 TO 24 INC LESS W10FT FOR R/W BLK 3 LOT SIZE 9066 SQUARE FEET 0131240280140 114 40 ST NE 24 53 41 COMM BILTMORE 2ND SEC PB 12-44 LOTS 19 & 20 LOT SIZE 50.000 X 100 ENRIQUE MORA JR 921 VALLEY FORGE RD E NEPTUNE BEACH, FL 32266-3745 THOR ASB C/0 THOR EQUITIES 25 W 39TH ST NEW YORK, NY 10018-3805 THOR 2 54 NE 40TH LLC C/0 RYAN LLC/PAOLA CASTILLO 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 THOR 2 54 NE 40TH LLC C/O RYAN LLC/PAOLA CASTILLO 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 THOR 2 54 NE 40TH LLC C/0 THOR EQUITIES 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 THOR 2 54 NE 40TH LLC CIO RYAN LLC/PAOLA CASTILLO 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 THOR 2 54 NE 40 LLC C/0 RYAN LLC/PAOLA CASTILLO 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 PB3940 SHORT TERM LLC C/0 TRISTAR CAPITAL 510 LINCOLN RD MIAMI BEACH, FL 33139-2914 Florida Real Estate Decisions, Inc. Page 14of16 0131240280150 108 40 ST NE COMM BILTMORE 2ND SEC PB 12-44 LOT 21 & E20FT OF LOT 22 LOT SIZE 45.000 X 100 0131240280160 100 40 ST NE COMM BILTMORE 2ND SEC PB 12-44 WSFT LOT 22 & ALL LOT 23 & UNNUM ED LOT 13 X 100FT LYING W & ADJ PB 6-132 LOT SIZE 44.000 X 100 0131240290010 99 39 ST NE BILTMORE COURT PB 7-37 LOTS 1 & 2 BLK 1 LOT SIZE 100.000 X 94 0131240290020 81 39 ST NE BILTMORE COURT PB 7-37 LOT 3 BLK 1 LOT SIZE 50.000 X 94 0131240290030 75 39 ST NE 24 53 41 BILTMORE COURT PB 7-37 LOT 4 BLK 1 LOT SIZE 50.000 X 94 0131240290040 55 39 ST NE BILTMORE COURT PB 7-37 LOT 5 BLK 1 LOT SIZE 50.000 X 94 0131240290050 53 39 ST NE BILTMORE COURT PB 7-37 LOT 6 BLK 1 LOT SIZE 50.000 X 94 0131240290060 45 39 ST NE BILTMORE COURT PB 7-37 LOT 7 & LOT 8 BLK 1 LOT SIZE 100.000 X 94 CUMBERLAND ACQUISITIONS LLC 866 S DIXIE HWY CORAL GABLES, FL 33146-2603 CUMBERLAND ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 LADY JANE ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 THOR ASB 75 NE 39 LLC C/O THOR EQUITIES 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 THOR ASB 75 NE 39 LLC C/O THOR EQUITIES 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 THOR ASB C/O THOR EQUITIES 25 W 39TH ST NEW YORK, NY 10018-3805 THOR 53 NE 39TH LLC C/O RYAN LLC/PAOLA CASTILLO 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 RS JZ 21 NE 39TH LLC C/O REDSKY CAPITAL LLC 45 MAIN ST STE 628 BROOKLYN, NY 11201-1085 Florida Real Estate Decisions, Inc. Page 15of16 0131240290080 21 39 ST NE BILTMORE COURT PB 7-37 LOT 9 & LOT 10 LESS N 2 INCHES BLK 1 LOT SIZE 100.000 X 94 0131240290100 3925 MIAMI AVE N BILTMORE COURT PB 7-37 LOT 11 LESS N2IN OF E2FT & LESS W 10FT & LOT 12 LESS W1OFT BLK 1 LOT SIZE 60.000 X 97 0131240300090 101 39 ST NE MAGNOLIA COURT PB 6-105 LOT 12 LESS E3FT & LOT 13 LESS TH PT LYG IN R/W & LOT A BILTMORE CT PB 7-37 BLK 1 LOT SIZE 87.000 X 94 RS JZ 21 NE 39TH LLC C/O REDSKY CAPITAL LLC 45 MAIN ST STE 628 BROOKLYN, NY 11201-1085 THOR 3925 NORTH MIAMI AVE LLC C/O RYAN LLC/PAOLA CASTILLO 2111 WILSON BLVD STE 300 ARLINGTON, VA 22201-3001 CUMBERLAND ACQUISITIONS LLC 866 S DIXIE HWY CORAL GABLES, FL 33146-2603 Florida Real Estate Decisions, Inc. Page 16 of 16 -NW47SNST—• —• —• u a is (9p31a5, ^° 1S°D 1500 1380 O. V. R i4 & 16 01420 16( .17p6)is R $ O(f.t 7 1441 a )�1(.t8�lq).nI 1460 1470 In v 1282 360 4 e r 6 g R` GJ. 2 Y�'1 p .110 I —. — — • —• --.-NW44T146T—• —. —. $ 11 F. kATw $ o 16 S n $ 16 S ,,,(0.1i�,c) 6 1210 1220 (9i3$Ao 1 1,,,, 1i 1230 11:3 na (TtI AO�1 9 10 9 _ a n a 7 8 '6 # 6 1 id80 (041Ac4 1070 t"4 ){ ] , / 0950 0951 IQ�fn91 & $,' 0 80 n 9 31 EA 5 AV)Pail. P./Mt , 1030 0840 I 1 09i0 j d910 g ffi I' g S 0310 Q o o 8g 8 s (?_ 0320 10 9 e 7 ° 4 ] 2 3 16 8 13 8 8 04dQ _ fi2 At.) i 'A S S 7 C, ° S VA' 4 0420 I.eT ., _ _ I i ri 8 8 8 8 1580 10 Y. 6 Y. e _ 7 0 �� lJ 161 Oi 4 0 ] I*1590 (O Ao4 I 1600 %3 '11- b 1e g r7 g ; `E ; N ; g ]1 g a a 1680 P" ) H , 0090 $ 8 0 8 006D (0.1p4v.'8Af,) 0030 4 ] I 1 9°� , 01m o s=� 1 a o Is 8 " o s" 17 " 15 s s w P , '• 61a0" (18620(()1 w $g 0 4) 0 4 U1r4' --111515155 14 ° 11_11 ggvv_ 9' 13D #6 0 8 -1024644 _ 1121f1_ 1o.74r1) CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, ageneies, councils or eornmittees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any eonsideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely In the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to 1111 out this form. NAME: HOME ADDRESS: Steven LT. Werni.ck (first Name) (Middle) (Last Name) 1 SE 3rd Ave, 25th Floor (Address Line 1) ._ (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 982-5579 CEL,L PI -LONE: EMAIL: steven.wernick@akerman.com FAX: LIUSSINL SS or APPLICANT or EN7T'I'Y NAME Miami Design District Associates, 11c BUSINESS ADDRESS: 3841 NE 2nd Ave, Suite 400 (Address Line 1) Miami, FL 33137 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Amendment to Miami Design District Retail Street SAP to remove .30 acres from SAP boundaries. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? Ell YES Q NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc, No.:56543 3, Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone. a. b, e, * Additional names can be placed on a separate page attached to this form, 4. Please describe the nature ol'the consideration. 5, Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that or civil penalties that may be imposed under the City Code, upon determination by the City Commission disclosure requirement was not fully and timely satisfied the following may occur: 1, the application or order, as applicable, shall be deemed void without further effect; and 2, no application from any person or entity for the same issue shall be reviewed considered by the applicable board(s) until expiration of a period of one year nullification of the application or order. disclosure requirements of to addition to the criminal that the foregoing force or or after the DISCLOSURE: PERSON SUBMITTING Signature 5I/en J t:46c 0—" / `c �, s Print Name . The foregoing before me this 1 L--4 1.--s' clay of 1— , 2O Sworn to and subscribed instrument was aclnrvwledgcd before Ore by S' ' 1.. \,,,,' %i1 ‘ Identification and/or rs personally known to me and who K who has produced as s .,, , : BLISLAINEY M. SAINZ *i t ;; , MY COMMISSION # FF 919693 ,..� o?;a EXPIRES: December21, 2019 Jar s.{t Bonded Thru Notary Publla Underwdter5 ..��CITY r STATE OF FLORIDA OF MIAMI MY COMMISSION Note Print Name 13nclosu o(s) Page 2 Doc. No.:86543 * incnie eeA1� *� 0s..a ._.. Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 City of Miami Erin Sutherland 1 SE 3 Ave Miami FL 33131 12/14/2015 Property Search Notice Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 12/14/2015. The result is valid up to 30 days from thc processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3124-024-1320 Property Address: 53 NE 41 ST Legal Description: 24 53 41 BILTMORE SUB PB 6-67 LOT 19 BLK 8 LOT SIZE 50.000 X 105 OR 20745-4755 1002 2 (2) COC 23001-0117 01 2005 2 Amount Payable On: 12/13/2015 to 01/13/2016 0,00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in thc public records of Miami -Dade County. f7 Jose M. Fernandez Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 211d Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Erin Sutherland 1 SE 3 Ave Miami FL 33131 12/14/2015 Folio Number: 01-3124-024-1320 Property Address: 53 NE 41 ST Legal Description: 24 53 41 BILTMORE SUB PB 6-67 LOT 19 BLK 8 LOT SIZE 50.000 X 105 OR 20745-4755 1002 2 (2) COC 23001-0117 01 2005 2 Lien No. (Case Numbe Property Search Findings - Pending Liens Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Erin Sutherland 1 SE 3 Ave Miami FL 33131 12/14/2015 Folio Number: 01-3124-024-1320 Property Address: 53 NE 41 ST Legal Description: 24 53 41 BILTMORE SUB PB 6-67 LOT 19 BLK 8 LOT SIZE 50,000 X 105 OR 20745-4755 1002 2 (2) COC 23001-0117 01 2005 2 Invoice Reference No. Property Search Findings - Open Invoices Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-3124-024-1320 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 City of Miami Erin Sutherland 1 SE 3 Ave Miami FL 33131 12/14/2015 Property Search Notice Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 12/14/2015. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3124-024-1330 Property Address: 61 NE 41 ST Legal Description: S 4 BILTMORE SUB PB 6-65 1002 (2) 20 W1/ OF LOT 21 01 2005B 2K 8 LOT SIZE 75.000 X 10 Amount Payable On: 12/13/2015 to 01/13/2016 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. n �v, Jose M. Fernandez Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Erin Sutherland 1 SE 3 Ave Miami FL 33131 12/14/2015 Folio Number: 01-3124-024-1330 Property Address: 61 NE 41 ST Legal Description: BILTMORE SUB PB 6-67 LOT 20 & W1/2 OF LOT 21 BLK 8 LOT SIZE 75.000 X 105 OR 20745-4755 1002 2 (2) COC 23001-0117 01 2005 2 Lien No. (Case Number) Property Search Findings - Pending Liens Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Erin Sutherland 1 SE 3 Ave Miami FL 33131 12/14/2015 Folio Number: 01-3124-024-1330 Property Address: 61 NE 41 ST Legal Description: Bps ORORE SUB755B 6-6 2 LOT 20 00 & 21/2 OF LOTOo10BLK 8 LOT SIZE 75.000 X Invoice Reference No. Property Search Findings - Open Invoices Lien No. Description Sub -Total If you have any questions, please call (305) 416-1570. Please retain this page for your records. Amount Due 0.00 Page 4 of 5 Violations Detail Report Folio Number: 01-3124-024-1330 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Zoning Map 61 & 53 NE 41 Street Miami, FL Future Land Use Map 61 & 53 NE 41 Street Miami, FL Table of Contents Amendment to Miami Design District Retail Street SAP 1, Letter of Intent 2. SAP Application (including Affidavit of Authority to Act and Disclosure of Ownership)' 3, Survey 4. Warranty Deed 5, Exhibit "A" (Legal Description) 6, Photographs 7, Lobbyist Registration 5. Corporate Documents 9, Mailing Labels 10, Disclosure of Consideration Provided or Committed for Agreement to Support of Withhold Objection Affidavit 11, Code Enforcement and Lien Search 12, Existing Future Land Use and Zoning Maps Miami Design District Retail Street SAP — Amendments to Approved Components 13. Exhibit C: Miami Design District Retail Street SAP — Regulating Plan Text Amendments 14. Exhibit D: Miami Design District Retail Street SAP — Concept Book Revisions 15. Partial Release and Amendment to Amended and Restated Development Agreement 'Based on the limited nature of the application, certain supporting materials were not required to be submitted with this SAP Application. {36999153;1} Prepared by and return to: Steven J. Wernick, Esq. Akerman',LP One SE Third Avenue, 25th Floor Miami, FL 33131 PARTIAL RELEASE AND AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS PARTIAL RELEASE' AND AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Amendment") is made as of the day of , 2016 by and between INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not -for -profit corporation ("ICA") and CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City"), WHEREAS, the City and Flagler Holding Group, Inc. a Florida corporation, Monte Carlo Associates (Del.) LLC, Half Circle Property (Del.) LLC, Norwegian Wood Acquisitions, LLC, Oak Plaza Associates (Del.) LLC, Ben Newton LLC, Sweet Virginia Acquisitions LLC, Dacra Design Moore (Del.) LLC, FCAA, LLC, Dacra. Design 414 1 LLC, Penny Lane Acquisitions, LLC, Uptown Girl Development, LLC, Sun King, LLC, MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LLC, all Delaware limited liability companies unless noted (each, individually, "Developer Party", and collectively, the "Developer Parties"), entered into that certain Amended and Restated Development Agreement, dated as of September 5, 2014 and recorded in Official Records Book 29314, at Page 1880, of the Public Records of Miami -Dade County, Florida (the "Development Agreement"); and WHEREAS, the Development Agreement sets forth the zoning of, and conditions by which the properties located within the Miami Design District Retail Street Special Area Plan ("SAP") are to be developed; and WHEREAS, one of the original Developer Parties, Sweet Virginia Acquisitions LLC ("Sweet Virginia") was the fee simple owner of two properties within the SAP located at 53 N.C. 41 s` Street, Miami, Florida 33137 and at 61 N.C. 41s1 Street, Miami, Florida 33137, referred to in the Concept Book as Parcels 39 and 40 (collectively, the "Property"), and more particularly described in the attached Exhibit A; and WHEREAS, Midnight Rambler, LLC, a Delaware limited liability company ("Midnight Rambler") acquired the Property from Sweet Virginia, as evidenced by that certain Special Warranty Deed dated as of July 25, 2013, recorded in Official Record Book 28746, at Page 3748 of the Public Records of Miami -Dade County, Florida; and WHEREAS, ICA acquired the Property from Midnight Rambler, as evidenced by that certain Special Warranty Deed dated as of December 18, 2014, recorded in Official Record Book 29443, at Page 295 of the Public Records of Miami -Dade County, Florida; and WHEREAS, ICA is currently the fee simple owner of the Property and a Developer Party, pursuant to Section 7 of the Development Agreement; and WHEREAS, the City has issued certain approvals under the City's Zoning Ordinance ("Miami 21") to allow ICA's development of the Property as a contemporary art museum separate and apart from the development program contemplated by the SAP; and {36859605;1}1 36859605_1.DOC — Amendment to Amended and Restated Development Agreement WHEREAS, as part of the aforementioned approvals, on June 25, 2015, the City Commission approved an amendment to the Property's future land use map designation to "Major Institutional, Public Facilities, Transportation, and Utilities", pursuant to Ordinance No, 13529, and a companion amendment to the Property's zoning to CI — Civic Institutional under Miami 21, pursuant to Ordinance No, 13530; and WHEREAS, on October 22, 2015, the City Commission denied an appeal, and upheld the decision by the City's Planning Zoning and Appeals Board approving an Exception for a community facility, with conditions and certain identified Waivers from Miami 21 standards, pursuant to Resolution No, R-15-0472; and WHEREAS, the City Commission and the Developer Parties are in the process of amending the SAP to remove the Property from the area subject to the SAP's regulations; and WHEREAS, pursuant to Section 36 of the Development Agreement, the Development Agreement may be amended by "mutual agreement of a Developer Party and the City", provided that the City has held, prior to the amendment, two public hearings before the City Commission to consider and deliberate regarding such amendment; and WHEREAS, the City held public hearings before the City Commission on , 2016, and again on , 2016, and this Amendment has been approved by the City Commission; and WHEREAS, ICA and the City desire to amend the Development Agreement as set forth herein. NOW, THEREFORE, in consideration of the receipt of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ICA and the City hereby agree as follows: 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein as if set forth in full. 2. Defined Terms, All defined terms used herein shall have the meaning ascribed to such terms in the Development Agreement, unless otherwise noted. 3. Conflict. In the event of a conflict between the terms and provisions contained within this Amendment and the terrns and provisions contained within the Development Agreement with regard to the subject matter hereof, the terms and provisions contained within this Amendment shall control, All the terms and conditions of the Development Agreement not amended hereby shall remain in full force and effect. 4, Release. The parties hereto mutually desire that the Property: (i) be deleted from the Miami Design District Special Area Plan, and instead developed exclusively subject to C[ — Civic [nstitutional zoning under Miami 21 and (ii) be released from the Development Agreement. 5, Miscellaneous. This Amendment and the obligations of the parties hereunder shall survive any conveyance of the Property and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. [Signatures on the following page] {36859605;112 36859605_I .DOC — Amendment to Amended and Restated Development Agreement IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida By: Name: Title: INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not -for -profit corporation By: Name Title: 36859605;1}3 36859605_1.DOC — Amendment to Amended and Restated Development Agreement IN WITNESS WHEREOF, the undersigned, being the Developer Parties, as defined in the Development Agreement, do hereby consent and join in the foregoing Amendment. OAK PLAZA ASSOCIATES (DEL.) LLC, a Delaware limited liability company, for itself and as successor by merger to Monte Carlo Associates (Del.) LLC, Half -Circle Property (Del.) LLC, Ben Newton, LLC, Sweet Virginia Acquisitions, LLC, Dacra Design Moore (Del.) LLC, FCAA, LLC, Penny Lane Acquisitions, LLC, by MIAMi DESIGN DISTRICT ASSOCIATES MANAGER, LLC, a Delaware limited liability company, its manager By Steven Gretenstein, Vice President NORWEGIAN WOOD ACQUISITIONS, LLC, a Delaware limited liability company, by MDDA SWEET BIRD MANAGER, LLC, a Delaware limited liability company, its manager By Steven Gretenstein, Vice President LOVELY RITA CQUiSiTIONS, LLC, a Delaware limited liability company, by MDDA SWEET BIRD MANAGER, I,I,C, a Delaware limited liability company, its manager By Steven Gretenstein, Vice President DACRA DESIGN 4141, LLC, a Delaware limited liability company, by DACRA 4141 MANAGING MEMBER, INC., a Florida corporation, its managing member By Steven Gretenstein, Vice President {36859605; I } 4 36859605_1.DOC— Amendment to Amended and Restated Development Agreement UPTOWN GIRL DEVELOPMENT, LLC, a Delaware limited liability company, by MDDA Stardust Manager, LLC, a Delaware limited liability company, its Manager By Steven Gretenstein, Vice President TINY DANCER ACQUISITIONS, LLC, a Delaware limited liability company, by MDDA Stardust Manager, LLC, a Delaware limited liability company, its Manager By Steven Gretenstein, Vice President SUN KING, LLC, a Delaware limited liability company by MDDA Phase III I-loldings, LLC, a Delaware limited liability company, its sole member by Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager By Steven Gretenstein, Vice President MDDA MORNING DEW, LLC, a Delaware limited liability company by MDDA Phase III Holdings, LLC, a Delaware limited liability company, its sole member by Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager By Steven Gretenstein, Vice President {36859605;1}5 36859605_1,DOC— Amendment. to Amended and Restated Development Agreement FLAGLER HOLDING GROUP, INC., a Florida corporation By Ricardo Dunin, President {36859605;1 }6 36859605_1.DOC — Amendment to Amended and Restated Development Agreement EXHIBIT A LEGAL DESCRIPTION Lots 19, 20 and the West''/2 of Lot 21, Block 8, of BTLTMVIORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. {36859605,1)7 36859605__,1 DOC —Amendment to Amended and Restated Development Agreement r" 07/0112014 12:49 Division of Corporations 1.11"Electronic Fill (FAX) P,001/00 hops;l/ofiie,sunbiLorg/soriptsts ft hour, State E.oft.„,t Not Please print this page and use it 119 n cover shout. Type tbo fax audit number (shown below) on the top and bottom of ail pages of the document. (((I14000157693 3))) 11111111IIIIIAnIiIIIIIIIIIIIRIIIUIIINVIUIIIIIIRII11III 1111111111111111111011111111 Dote: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet, T, Prpm: Division of Corporationp Fax Number 1 (88Q)617.6301 A000"unt Name , C T CORPORATION SYSTEM Amount Number : PCA000000023 Phone , (850)222-1092 Pax Number i (®80)878-5368 **Enter the email addre8s for this business entity to be used for future annual report mailings. Enter only one email address please.** ismaiX Addrenat FLORIDA PROFIT/NON PROFIT CORPORATION INSTITUTE OF CONTEMPORARY ART, MIAMX, INC, Certlfled Copy Fags Count [Estimated Chargo �., $78.75 1 oft 7/1/2014 12:52 P11 07/01/2014 12 149 (FAX) P:002/003 H14000137693 3 ARTICLES OF INCORPORATION OF INSTITiJTE OF CONTEIY1FORARY ART, MIAMI, INC. The undersigned incorporator, for the purpose of forming a corporation under the Florida Not For Profit Corporation Act, hereby adopt(s) the following Artleales of Incorporation; ARTICLE IL NAM The name of the corporation shall be: Institute of Contemporary An, Miami, Ino. ,ARTICLE iI, PR,INCIPAL OFFICE The principal place of business and mailing address of this corporation is: 4040 NE 2'1 Avenue, Suite 200, Miami, Florida 33137, ARDtC�E.XII, PURFOSE(S) The purpose for which the corporation is organized is eKolusivcly for aharitablo, religious, educational, and saientiEo purposes under Section $01(o)(3) of the Intermit Revenue Code, or corresponding section of any future federal tax code, ARTiCLE,IV, MAx OFILECTIO OF DIRECTORS The manner in which the directors Arc elected or appointed is set forth in the By LOWS, ARTICLE V. INITIAL, REGISTERED AGENT AND STREET ADDItgla The name and Florida street address oftihe initial registered agent is: NRAI Services, Inc. 1200 South Pine Island Road Plantation, Florida 33324 A iTICf,E VI. INCORPORATOR, The name and address of the Incorporator to those Articles of Inoorporation: Paula Morabito 4040 NE god Avenue Suite 200 Miami, Florida 33137 ARTIQLKVIL., CfTA.RITAEI.I?. 4$GANIZA'I'jfyLL tt3VISIQN4 Notwithstanding any powers granted to the Corporation by its Articles, By Laws or by the laws of the State of Florida, the following limitations of power shall apply; a. The Corporation is organized exclusively fbr charitable, religious, educational and eciatrtif1c purposes, including for such purposes the making of distributions to organisations that 0 9104341;1) 1.114000157693 3, a 07/ 0'1 / 20'14 12140 (FAX) P,003/003 H14000157693 3 qualify as exempt organizations under Section 501(0)(3) of the Internal Revenue Cod4 of 1986, as amended ("Code"), b, No part of the uct aamings of the Corporation s}1e1ll inure to the boned of, or be distributable to its members, trustees, officers, or other private persons,, excep that the Corporation shall be authorized and empowered to pay reasonable 'compensation for services rendered and to make payments and distributions in furtherance of purposes set t' In the pwpose clause hereof No substantial part of the activities of the Corporation sh li be the carrying on ofpropagands, or otherwise attempting to influence legislation, and the C rporation shall not participate in, or intervene in (including the publishing or distribution of a atements) any political campaign on behalf of (or in opposition to) arty Candidate for pub is office. Notwithstanding any other provision of thin document, the organization shall not ca on any other activities not permitted to be carried an (I) by an orgenizetion exempt from fade al income tax under Code Section 501(c)(3); or (ii) by an organization Contributions to hick are deductible under Coda Section 170(0)(2), c, Upou dissolution of the Corporation, assets shall be distributed for o or noes exempt purposes within the meaning of Code Section S01(0)(3), or shall be distils tad to the federal government, or u state or local government, for public purpose. Any such as ets not se disposed of shall be disposed of by the court having jurisdiction over the C rporation, exclusively for such purposes or to such organization or organizations, as said can shall determine, which are organized and operated exclusively for such purposes, ARTICLES VIII, EFFECTIVE DATE The Effective Date of the fling of the Corporation shall be July I, 2014, 7//2:0/ Paula orabito, =corporator Date Having been named as registered agent and to accept service of process for 1 he above stated corporation at the place designated in this certificate, I hereby accept the appoiMmant as registered agent and agree to act this capacity. I further agree to comply with The provisions of ati statutes relating to the proper and Complete performan c of my duties, and 1 ar i familiar with and accept the obligations of my position as registered agent, NRAJ Svrvics, Inc., Registered Agent 1lamet Michel a Holden Title; Assistant Secretary (29L0934111) -z- Dare 07/01/1.4 1I14000i57693 3 11111111111111111111111111111111111111111111 CFN 2014R0881,115 OR BR 29443 Pus 0309 - 3101(2pas) RECORDED 12/24/2014 11:49:21 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA MIAMI-DADE COUNTY COVER SHEET DOCUMENT TITLE: CERTIFICATE OF GOOD STANDING LEGAL DESCRIPTION: NONE NOTE TO CLERK: NONE Book29443/Page309 CFN#20140881115 Page 1 of 2 �% V V 'U 11l 11•� r ry OR BK 29•+fir4•a PG i ,31 O �1vf,v�ti r N4Jrtiv UrtiU ra l 1 ,K i ✓+r ry _" o•: r ✓+.vrtiV U ,;,...... �..w . +•)+. .n..n r . s.....n•n(C...,% ,,' i •: rw k�j,r,LY5tiv(ivx. v .. ...vrs 1r, ;e. ?Y?Nfnceig erery 1p'af?::+ N4•K:d.• ye rvn •INoi/1nr, f .r 1 nerevoi Neicwi olc;ii•lwitist 1 1 ti=a.),,4 1NrAntir/Cs 1 ar.'NA w•ra w n' •C V=ti 4. s = ti �+Y t' 4 �f: F.ntd ti� ,,: yG< 'C II r=�. v �.G I certify from the records of this office that INSTITUTE OF CONTEMPORARY ART, MIAMI, INC,, is a corporation not for profit organized, under the laws of the State of Florida, filed on July 1, 2014, . The document number of this corporation is N14000006264. I further certify that said corporation has paid all fees due this office through December 31, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Jr. Given under my hand and the j�! , Great Seal of the State of Florida y \ at Tallahassee, the Capital, this the 7•r f . off �ai� Nineteenth day of December, 2014 (.t ti r. S ��}., ��e•�: � t 11 �ll '•• 'F { 4t Vilkt e)*' j ti /1 `:7�, �l�iry .t.}i7� ,5 r�lZ. �. w•L ?ii n PriO4* if !�* CR2�Q22 (1 11) o$Errttarg of # de 0 i rti 1 rti II✓ 1 rti t� ► rs fr. 1 e4 tti rw .�- `iw�..41,), .i :J.4s:llew iU.l,iwUis47►'r7 iiv, ,,,,„,kv(.• kve.., l7mlrJf..vr w,,,,�rlv,„67,vr , 1 ,,,,l rti1, r%1r r`- rJr. ,ta(,,1 eta..K,\w/.1,4•,,-.(.\-otew.41.rrK„t,Itia itr/I,Cr.(il,s y,..,r(iltir,(rig.. •\Fr„,titfit.a(0l of •l*.4/01C7(Il (I •fit ,t r 11 Book29443/Page310 CFN#20140881115 Page 2 of 2 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that s/he is the je� Contemporary Art, Miami, Inc., a Florida not -for -profit corporation e"Company")pthe Institute ihet of following is a true and correct copy of the resolutions adopted by the Board of Truste s on J January 20, the 2015. RESOLVED by the Board that the Company approves of the filing with the City of Miami of Application for Land Use Change, Rezoning, for Exception(s), and for any related requests (collectively, the "Applications") for the properties located at 53 NE 41 Street, 61 NE 41Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street, all in Miami, Florida; and be it FURTHER RESOLVED that the Irma Braman, Ray Ellen Yarkin, Janice Lipton, and the undersigned are authorized to execute any and all documents on behalf of the Company; and be it FURTHER RESOLVED that Steven Helfinan, Esq., Tony Recio, Esq. and Edward Marcos, Esq., of the law firm of Weiss, Serota, Helfinan, Cole, Bierman, & Popok, P.L., are authorized, directed and empowered to execute any and all application forms, petitions, and other documents necessary to effectuate the Applications, and to represent the Company at all meetings and hearings in connection with the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded, Dated this day of January, 2015, INSTITUTE OF CONTEMPORARY ART, .IVIIAMI, INC,, a Florida not -for -profit corporation Print Name: Its: J . h /Ge STATE OF fie,,,I/a COUNTY OF ,, acie,. I hereby certify that before me, an officer duly qualified to take acknowledgments, personally appeared ,� ,, as of the institute of Contemporary Art, Miami, Inc., a Florida not -for -profit corporation, who is ersona ly uiow,,_ to me or who has produced as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath, WITNESS my hand and official seal this, f) day of January, 2015. SI ATURE 0 PERSO AK1NG AKNOWLEDGEMENT (stamp) • Notary Public Stato of Florida Janke Barney ar My CommissiDn EE123981 err.dr Expires08/21/201$ EXHIBIT "B" 2014 BOARD OF DIRECTORS FOR PROPERTY OWNER/APPLICANT INSTITUTE OF CONTEMPORARY ART, MIAMI, INC. Irma Brannan, Chair Ray Ellen Yarkin, Chair/President Sheldon Anderson, Vice Chair Andrew Smulian, Vice Chair Paula Morabito, Treasurer Janice Lipton, Secretary Executive Committee Board of Trustees Tom Bloom Ella Fontanals-Cisneros Michael Collins, Chair Emeritus Aldona Czernecka Dr, Kira Flanzraicln, Chair Emeritus Jorge Gonzalez Barbara Herzberg Joanne Katz Jan Lewis Diane Lieberman Arlene Mendelson Evan Reed Joan Levien Robertson Raquel Scheck Lenore Sender Jackie Soffer Deepak Soni Debi Wechsler Honorary Trustees Rosalind Jacobs Cindi Nash . K0|&N821 APPENQCKF: N1A\M|DESIGN DISTRICT RETAIL STREET SAP 2015 TABLE OFCONTENTS SAP K0|AK0|DESIGN DISTRICT RETAIL STREET SAP %.1 APPLICANTS GAP2.2 DEVELOPMENT AGREEMENT SAP2.3 REGULATING PLAN ARTICLE 1. DEFINITIONS ARTICLE 2. GENERAL PROVISIONS ARTICLE 3. GENERAL TOZONES ARTICLE 4. STANDARDS &TABLES ARTICLE 5. SPECIFIC T0ZONES ARTICLE 8, SUPPLEMENTAL REGULATIONS ARTICLE 7. PROCEDURES AND NDNCONFORK8|T|EG ARTICLE 9. LANDSCAPING REQUIREMENTS, SAP2.4 CONCEPT BOOK MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOMWBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK, -V000047-1.i.-14 MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER,2015 AMENDMENTS TO MIAMI 21 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 34134 7/26/2012 Special Area Plan for Miami Design District Retail Street 11-01196ap 13414 10/24/2013 Amendment to MDD Retail Street SAP to add additional properties 11-01196ap1 13505 3/12/2015 2nd Amendment to MDD Retail Street SAP to add an additional property 11-01196ap2 3ra Amens:00 t t01 II)I)Reiail $tree to :SA[? remove properties MIAMI 21 APPENDIX F MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK. .{-;1-700047 4 MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 SAP 2 MIAMI DESIGN DISTRICT RETAIL STREET The Miami Design District Retail Street is a mixed -use project in the heart of the Design District situated on certain parcels totaling approximately 22;86a2 .. acres. The site is generally bounded by Northeast 43rd Street and Northeast 42nd Street to the North, North Federal Highway and Biscayne Boulevard to the East, Northeast 38th Street to the South, and by NE Miami Court and North Miami Avenue to the West, Miami, Florida, and further described in Exhibit "A". SAP 2,1 APPLICANTS Applicant Entities: Ben Newton LLC Dacra Design 4141 LLC Dacra Design Moore (Del.), LLC FCAA, LLC Half -Circle Property (Del.) LLC Lovely Rita Acquisitions, LLC MDDA Morning Dew, LLC Monte Carlo Associates (Del,) LLC Norwegian Wood Acquisitions, LLC Oak Plaza Associates (Del,) LLC Penny Lane Acquisitions, LLC Sweet Virginia Acquisitions Tiny Dancer Acquisitions LLC Sun King, LLC Uptown Girl Development LLC Flagler Holding Group, Inc. 4201 NE 2nd Ave, LLC MIAMI 21 APPENDIX F MIAMI DESIGN DISTRICT RETAIL STREET SAP THIS PAGE LEFT INTENTIONALLY BLANK. -(47.00147.1.4+ MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 SAP 2.2 DEVELOPMENT AGREEMENT THIS SECTION PENDING FINAL REVIEW MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 SAP 2.3 REGULATING PLAN ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) d, COMMERCIAL This category is intended to encompass land Use functions of retail, service, entertainment or recreational establishments and supporting office. The definitions listed herein shall only apply within the Miami Design District Retail Street SAP area. Entertainment Establishment: A place of business serving the amusement and recreational needs of the community, Such facilities may include, but are not limited to: cinemas, billiard parlors, teen clubs, dance halls, video arcades, or special event spaces and ballrooms. Uses not included: Entertainment Establishment, Adult, Open Air Retail: A retail sales establishment operated substantially,or partially in the open air including, but not limited to: farmers market, ouldoorr._.dinin. ,._vending carts, kiosks, Retail Merchandising Units, and the like. Uses not included are: car sales, equipment sales, boat sales, home and garden supplies, and Flea Markets. 1.2 DEFINITION OF TERMS This section provides for terms in the Code that are technical in nature or that might not be otherwise reflected in common usage of the word. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. The definitions listed herein shall only apply within the Miami Design District Retail Street SAP area. Awning: A movable roof -like Structure, cantilevered or otherwise entirely supported from a Building, used to shade or screen windows or doors. Cantilever: A Frontage where the Facade includes a cantilevered section of a Building, including but not limited to, open balconies, bay windows, planters, and similar architectural features, that may project beyond the Frontage Line, with the Facade at Sidewalk level remaining at the Frontage Line. Frontage, Retail: A Principal Frontage facing a public space such as a Thoroughfare of higher pedestrian importance (i.e. traffic volume, number of lanes, etc.) requiring that Facades be detailed as storefronts in accordance with the requirements set forth in Sec. 5,4,5.b., 6.6.5.b., and 5.6.5.b of the Miami Design District Retail Street SAP. Retail Frontages do not include the Secondary Frontages located on NE 42nd Street between NE 1st and 2nd Avenues, as well as those portions of a Pedestrian Passage Frontages located more than twenty-five (25') from the intersection of any Thoroughfare and the Pedestrian Passage. Loading Space: An area in which goods and products are moved on and off a vehicle, including the stall or berth. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT N VEMBER 2015 gppn_§,Pape: Any.;parceLQr argg,of.._Ignd_gL vat r_els..9aL lly. riminyg by...P znan_e..at_P.gi1. i;nos and open to h.e..�kY a.ctd/or.ppy�red.��..a.Sha.�e,...Feat�ire_s�ac�_space.sha.11..b�._r�seryed...fox public or private Use. Open Spacesay include Parksj Greens, Squarest Courtyards Gardens,_ Pla.ygraunds.,..._l ase s.._(uvhen. de ne _predsmi.n tly-..for_e estrians)_Re e triart paths or associ ed landscaped areas, and those areas covered by a Shade Feature. Retail Merchandising Unit: A freestanding structure open on one or more sides, fixed or portable, which may be connected to electricity and/or potable water, used as Open Air Retail for a commercial purpose or for the display or dissemination of information. Shade Feature: A translucent or transparcntjrwhich is fixed and self-sujaporting ends rav!des shade jrpm. the sun Transit Corridor: A mass transit route with designated transit vehicle(s) operating at an average 25 minute or less headway Monday through Friday between the hours of 7 am. through 7 p.m. and includes designated transit stop locations within 1/4 mile of the Miami Design District Retail Street SAP area. Multiple transit routes or types of transit vehicles may not be added cumulatively under this definition for the purpose of parking reductions. 1.3 DEFINITIONS OF SIGNS Copy Area: The area computed by surrounding each Identification or Secondary Identification Sign with a square or rectangle shape to determine the area. Less those portions within the square or rectangle consisting of logo brand marks, framing elements, large scale featured artwork swashes, simple lines, back plates, or other decorative elements. Directional Sign: Vehicular or pedestrian -scale signage containing multiple messages that serve to identify the Miami Design District and guide or direct the public safely to destinations within the district. Directional signs may be located on private property or within the Public Right -of -Way, subject to the approval of the Director of Public Works for all such signs within the Public Right -of -Way, Directional signs may be combined with address Signs but shall bear no advertising matter, and may be directed to guide area visitors to entrances, exits, retailer/tenants, or Parking Areas, The words "advertising matter" shall not be construed to include graphic logos, registered trade names, or elements of the district identity or "tag lines" that may be incorporated as part of the sign aesthetics. The size of a Directional Sign, and copy thereon, shall be scaled appropriately to the speed of the area traffic. Gateway Sign: A large-scale, mounted identity Sign of not greater than 5,000 square feet in size or 85% of a Building wall that serves to identify the district, mark a destination for visitors, and reinforce the district's character as a destination for art, culture, dining, and fashion. A Gateway Sign may include or be comprised solely of an art installation and recognition of the installation sponsor, which sponsor or donor recognition shall be limited to one (1) recognition comprising no more than 15% of the art installation forming all or a part of the Gateway Sign. Art installations forming part of a Gateway Sign shall not contain any point of sale signage or commercial product expression related to the donor or sponsor. Gateway Signs shall be oriented to face major traffic Thoroughfares, such as I-195, Biscayne Boulevard and North Miami Avenue, and shall be limited to no more than five (5) such signs within the Miami Design District Retail Street SAP area. 1-:.700.04,74.0...} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL, STREET SAP DRAFT NOVEMBER 2015 Notice and Warning Sign: Signs limited to providing notice concerning posting of property against trespass; directing deliveries; indicating the location of buried utilities; warning against hazardous conditions; prohibiting salesman; peddlers, or agents; and the like. Secondary Identification Sign: A Sign limited to the name or registered trade name of a Building, institution or person, whether natural or corporate person, SAP Signage Package: A comprehensive signage proposal consisting of Gateway Signs and/or Directional Signs for all or a Block(s) of the Miami Design District Retail Street SAP requiring approval by SAP Permit for Signage that deviates from the requirements of Article 6 of Miami 21, as further amended by the Miami Design District Retail Street Special Area Plan. Sign Area: Signs shall be comprised of individual letters, figures or elements on a wall or similar surface of the Building or Structure. The area and dimension of the Sign shall encompass a regular geometric shape or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the Building. When separate elements are organized to form a single Sign, and are separated by open space, the Sign area and dimensions shall be calculated by determining the geometric form or combination of forms, which comprise all of the Sign area, including the space between different elements, less the space attributed to any elements not comprising part of the Copy Area, .}:_,i 7.0r.ua4:,..l 1 MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP pRAFT NOVEMBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK, +370004714+ MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 ARTICLE 2. GENERAL PROVISIONS 2.1 PURPOSE AND INTENT 2.1.1 INTENT The intent of the Miami Design District Retail Street Special Area Plan (SAP) is to guide the design, construction and management of a new retail pedestrian street and its surrounding city streets in the Design District to ensure a high quality, mixed use, pedestrian experience. The control of Building location, massing, and surface is intended to produce public space that is safe, comfortable and interesting for pedestrians and attractive to high -end retail tenants. Pedestrian mobility is to be improved by an enhanced Public Right -of -Way Streetscape and by the addition of a four block long Pedestrian Passage. The public space of the Pedestrian Passage is of a scale that is intimate and episodic. The quantity and materials of shared elements in the public spaces, such as pavement, signs and lighting are intended to be minimized and recessive, as the primary experience should be that of the highly individualistic retail stores, The Building Facade lines of the Miami Design District Retail Street SAP are drawn to support the continuity of the existing Design District street wall, to form the sequential character of the pedestrian street experience, and to give store tenants appropriate space distribution and visibility. This document precedes the final development program, architectural design and detailing, and infrastructure engineering, and it is expected that adjustments to the development program, architectural design and detailing, infrastructure engineering may be necessary during implementation phases of design development and construction documents, Nothing in this Miami Design District Retail Street SAP, including the initial development program as set forth on Page A1,8 of the Concept Book, shall be construed to limit development in excess of the initial development program, Any future development in excess of the initial development program shall be subject at all times to the maximum density and intensity permitted by the underlying transect designation of any one Lot or parcel forming part of this SAP and the procedures set forth in Article 7 of this Miami Design District Retail Street SAP, including the approval of substantial modifications to the development program by process of Exception. The SAP is based on the Miami 21 Zoning Code, as amended through April 2012, and shall serve to supplement the code. Where standards set forth herein conflict with standards set forth in the code, the standards in this SAP shall govern. Where the standards in the SAP are silent, the underlying Miami 21 zoning code requirements shall govern. By virtue of the adoption of the Miami Design District Retail Street SAP, and any subsequent amendments thereto, all provisions of the Miami 21 Zoning Code requiring enactment or authorization by Special Area Plan pursuant to and identified in Section 3.9, unless modified in the SAP, shall be deemed duly enacted or authorized. The Miami Design District Retail Street SAP shall not constitute a precedent for the balance of the City of Miami. The alternate standards of this SAP should be considered unique with regard to the large aggregation of property under multiple ownership committed to an integrated development plan, as well as its unified design and management that will enable and ensure a coherent, high quality, and sustainable result. { •4001-771,4 f. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK, MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 ARTICLE 3. GENERAL TO ZONES 3.3 LOTS AND FRONTAGES 3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback may be maintained for those Frontages identified on page A 2.1 of the Concept Book. Where a new Building is Setback from the Established Setback Area consistent with Article 5, Illustrations 5,4, 5.5, and 5,6 of the Miami Design District SAP, such Setback shall govern the placement of all new Buildings to the nearest corner of the same Block Frontage, except for the Setback of plaza entries and as otherwise permitted in Sec. 5.4.5.d., 5.5.5,e., and 5.6.5,e, Galleries, Cantilevers and Arcades may be permitted within the First Layer in Established Setback Areas and may be permitted to encroach into the Public Right -of -Way by SAP Permit and upon a recommendation of approval or approval with conditions by UDRB and with the approval of the Director of Public Works, Habitable Space above the Public Right -Of -Way shall be included in the development capacity of the subject lot and included towards the overall development capacity approved within this SAP, Established Setback Areas include: c. Design District 1. Boundary: The Established Setback for the Miami Design District Retail Street SAP shall be as identified on page A.1 of the Concept Book, 3,5 MEASUREMENT OF HEIGHT 3,5.2„ A Story is a f labitable level within a Building_ofa maximum fourteen (14) feet in Height from finished. floor to finished floor Ban_tare net considered Stories for the purposes of determining Building Height. A ground level retail Story mac exceed this limit up to a total height of twenty-five (25).feet. AVigte_floor level exceedin_ four er�(1_ feet or twenty-five (251 feet at round level retail shall becounted es two (2).Stones _except for T636 T648_�T660, 116 80, an_d_D1Lwherea single floor level exceeding fourteen (14) feet may count as one (1) atm if the building height does not exceed the maximum he h ,including all applicable bonuses allowed._by_,the_transect at fog rtoen (.141.feetperfloorWhere the first two stones are retail or hotel lobby, their total combined_ ei ht_ shall _net exceed thirty_ n.i_�e�(39) feet and_the first_floor shall be a minimum of fourteen_(.14, feet in Height Mezzanines and other it tersfiitial spaces that_may be accessed for storage re airs and_ ot}Ler services fancnslialJ not coAt as aStor s i o _ ,,.� �_..__ Y �a__s_tfiemaxim�rrLhelghS�loes not ex.ce d fo de...en (14, _feet___ r .r ay__no# e tcee� thin Spree .percent 3 of fhe .Hab�t�ble Space l loorArea, except fior D1 wheremezzantr es,maypole cee ,fiftyperoent(5Q°IQ)ofth_eFi(tabLe Spice hloorAree Mezzanines extend10g ky_o.nd thlrly.,ttire.e pe.r.cerat,W3% of tag_ Floor Afe.a,,.or flf y perce.n.t ().%) ofi khe door Areal 1. all e.collnted asa.nadditinrtal1laor,. 3.5.3 Except as specifically provided herein, the Height limitations of this Code shall not apply to any roof Structures for housing elevators, bathrooms, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain the Building (provided that such Structures shall not cover more than twenty percent (20%) of roof area far T4 and T5); nor to church spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar Structures, which may be allowed to exceed the maximum Height by Waiver; nor to fire or parapet walls, which shall not extend more than five (5) feet above the maximum Height in T4 and T5 and ten (10) feet in T6 and Districts. 3,6 OFF-STREET PARKING AND LOADING STANDARDS MIAMI 21 APPENDIX E: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 3.6.1 Off-street Parking Standards a. Off-street Parking requirements for the individual Transect Zones shall be as set forth in Article 4, Table 4 of the Miami Design District Retail Street SAP, Where required off-street parking is based on square footage of Use, the calculation shall only include Habitable Rooms and Habitable Space occupied by such Use. With the exception of Block 5 East, Off-street parking requirements within the Miami Design District Retail Street SAP area may be calculated and provided for in aggregate for new Buildings. Existing properties as identified below shall not be required to provide parking if densities and intensities do not increase from existing uses from the adopted date of approved Miami Design District Retail Street SAP, as amended. If density and intensities change then applicable parking requirements shall apply. All new development shall be subject to parking requirements within Miami 21, as the same may be modified by the Miami Design District Retail Street SAP. Existing Property Table NUMBER NAME ADDRESS 1 Laverne (SAP Parcel #1) 90 NE 39`1 ST 2 Buick Building (SAP Parcel #2) 3841 NE 2 AVE 3 Buena Vista Building (SAP Parcel #7) 180 NE 39 ST 4 Oak Plaza-KVA (SAP Parcel #17) 150 NE 40 ST 5 Oak Plaza-Twery (SAP Parcel #18) 154 and 160 NE 40 ST 6 Thomas Maier (SAP Parcel #19) 170 NE 40 ST 7 Melin (SAP Parcel #20) 3930 NE 2 AVE 8 Newton (SAP Parcel #21) 201 NE 39 ST 9 Rosen (SAP Parcel #24) 151 NE 40 ST 10 Mosaic/Chatham (SAP Parcel #25) 155 NE 40 ST 11 Moore -Garden Lounge (SAP Parcel #26) 175 NE 40 ST 12 Moore Building (SAP Parcel #27) 4040 NE 2 AVE 13 4100/Lee Building (SAP Parcel #45) 4100 NE 2 AVE 14 4141 Building (SAP Parcel #46) 4141 NE 2 AVE 15 Flagler Building (SAP Parcel #48) 4218 NE 2 AVE 16 4240 Building (SAP Parcel #49) 4240 NE 2 AVE 17 Spears (SAP Parcel #52) 3815 NE MIAMI CT 18 Always Flowers (SAP Parcel #53) 50 NE 39 ST 19 Lidia (SAP Parcel #54) 30 NE 39 ST 20 Lidia (SAP Parcel #55) 3840 NE MIAMI AVE 21 Lidia (SAP Parcel #56) 3825 N MIAMI AVE 22 Marcy (SAP Parcel #57) 3852 N MIAMI AVE 23 Marcy (SAP Parcel #58) 20 NW 39 ST 24 Marcy (SAP Parcel #59) 28 NW 39 ST 25 Madonna (SAP Parcel #60) 3900 N MIAMI AVE 26 Madonna (SAP Parcel #60) 21 NW 39 ST b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table shall be as set forth in Article 4, Table 5 of the Miami Design District Retail Street SAP. + 7)0O47-I ;1+ MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP J. DRAFT NOVEMBER 2015 c. Required Parking for Adaptive Reuses may be reduced or exempted by Waiver for properties located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has been established, or for historic sites and contributing Structures within designated historic districts. d, Parking reductions shall not be cumulative except in T4, T5 and T6. Parking reductions shall not exceed fifty percent (50%) of the total Off-street Parking required, except for Residential components of projects within one thousand (1,000) feet of Metrorail or Metromover stations. 3.6.2 Off-street Parking Driveway Standards [RESERVED] 3.6.3 Additional Off-street Parking Regulations General performance standards for Off-street Parking facilities: a. Parking shall be implemented so as to provide safe and convenient access to and from public Thoroughfares which include movement lanes and Public Frontages. b. Vehicular access through Residential properties for nonresidential Uses shall be prohibited. c. Off-street Parking spaces shall be located with sufficient room for safe and convenient parking without infringing on any public Thoroughfare or sidewalk. d. Off-street Parking spaces whose locations require that cars back into movement lanes shall only be permissible in T3 and T4 zones, Backing Into Alleys shall be permissible in all Transect Zones, e. Off-street Parking or loading area shall not be used for the sale, repair, or dismantling of any vehicle or equipment, or for storage of materials or supplies. f. Parking or storage of commercial trucks, buses, vans, sign trailers; trailers or semi -trailers for freight, cargo; or the like shall not be permitted in any T3, T4, T5-R or T6-R Zone, g. Inoperable vehicles shall be stored only in storage facilities or other approved places where they are completely concealed from public view, h. Except in connection with permitted active continuing construction on the premises, construction equipment such as earth moving machines, excavators, cranes, and the like shall only be allowed in D1,, D2 and D3, as allowed by this Code, i, All Off-street Parking shall comply with applicable regulations related to lighting, paving, and drainage including the Miami -Dade County Code and the Florida Building Code. Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect Zones, except T3, may be used by both a valet parking operator or for residential self -parking. Each Tandem Parking space for residential self -parking shall serve a single residential unit. k. Parking facilities on adjoining Lots may share access points, driveways and parking subject to a recorded covenant running with the property on which the facilities are located. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP _s 1, Where Lots are Abutting, underground parking may extend to Abutting blocks and Lots, including under Thoroughfares, 3,6.4 Calculation of Off-street Parking requirements related to number of seats. Where parking requirements relate to number of seats and seating is in the form of undivided pews, benches, or the like, twenty (20) lineal inches shall be construed to be equal to one (1) seat, Where Parking requirements relate to movable seating in auditoriums and other assembly rooms, ten (10) square feet of Floor Area shall be construed to be equal to one (1) seat except where otherwise specified, Net floor area shall be the actual area occupied by seating and related aisles, and shall not include accessory unoccupied areas or the thickness of walls, ¢.;i-740041-71; I-} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 3.6.5 Valet Parking Off-street Parking facilities maintained with valet parking shall be allowed generally, provided that the minimum Off-street Parking requirements of this Code are satisfied and that an attendant shall remain on duty during business hours or as long as the Principal Building is occupied. Valet parking stations shall respond to demand within the Miami Design District Retail Street SAP area and multiple valet stations may be provided on each block when such stations are operated under a unified management scheme. Each valet station shall be permitted subject to review by the Miami Parking Authority (MPA) to ensure that the proposed locations will not adversely affect the flow of traffic on the adjoining Thoroughfare. 3.6.9 Loading Requirements Off-street vehicular loading shall be required in accordance with the standards set forth in Article 4, Table 5 of the Miami Design District Retail Street SAP. Service and loading vehicles servicing properties located within the Miami Design District Retail Street SAP area may gain access to such off-street loading area in order to service the property by utilizing no more than three (3) on -street maneuvers. a. Loading Standards. On -street loading shall be allowed in areas designated by signage and for limited intervals during specified hours, 1. Retail/Commercial Loading. On -street loading areas intended to service storefront retail and retail locations along the Pedestrian Passage shall be permitted within specifically designated zones. Loading within such designated zones shall not exceed 20 minutes. Such loading activity shall occur only between the hours of 6 a.m. and 10 a.m. 2. Express Parcel Delivery. On -street loading for express parcel delivery shall be allowed in specifically designated zones. Loading within such designated zones shall not exceed 15 minutes and shall occur only between the hours of 8 a.m. and 6 p.m. 3.6.10 Bicycle Parking Requirements a, Bicycle parking shall be provided in aggregate for all new, Buildings in all T4, T5, and T6 zones, as shown in Article 4, Table 4 of the Miami Design District Retail Street SAP, The requirement set forth herein shall not apply to any existing and Adaptive Use Buildings. Existing, on -street bicycle racks located within the public Right —of-Way cannot be utilized to satisfy bicycle parking requirements set forth herein below. b. After the first fifty (50) required bicycle spaces are provided within the Miami Design District Retail Street SAP area, additional required spaces may be reduced by one-half, c., cy.-.- Required bicycle parking shall meet the following standards: 1. Required bicycle parking facilities may be located within the project site, adjacent to multiple Buildings, or in a shared bicycle parking facility located within the Miami Design District Retail Street SAP area and subject to all the conditions for shared bicycle parking facilities below: MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP (a) Required bicycle parking for Buildings within the Miami Design District Retail Street SAP area may be satisfied by the same bicycle parking facility used jointly, provided that such right of joint use and maintenance is evidenced by covenant running with the land or equivalent legal document establishing the joint use. (b) Shared bicycle parking facilities may be located anywhere within the Miami Design District Retail Street SAP area. Any Buildings) seeking to utilize said shared facility in order to satisfy its bicycle parking requirements shall be located within 300 feet of any Building housing a shared bicycle parking facility which has sufficient capacity to provide the required bicycle parking spaces. The owner/developer of any Building seeking to use a shared parking facility to satisfy these requirements shall certify to the. Zoning Administrator, on a form acceptable to the City Attorney, that the said shared bicycle parking facility has sufficient capacity to provide the required bicycle parking spaces, The minimum number of required bicycle parking is satisfied by all Buildings using the shared facility, Gl. o .Within the Miami Design District Retail Street SAP area, bicycle parking requirements may be satisfied by providing bicycle racks within the Sidewalk or on -street bicycle corrals within an on -street parking space. Said racks or bicycle corrals shall be available for use by the public at no cost. Locations may be chosen to support Transit Oriented Development along Priority Corridors. (c) d—Bicycle parking requirements shall be calculated in aggregate for the off-street parking requirements for the Miami Design District Retail Street SAP area, 3.9 SPECIAL AREA PLANS 3.9.1 General g Unless a Building is specifically approved as part of the Special Area Plan, any Building equal to or greater than 200,000 sqft, shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, prior to issuance of the Building Permit. 3.13 SUSTAINABILITy 3.13.1 General a, Landscape requirements are as required in Article 9 of the Miami Design District Retail Street SAP, this code, and the City of Miami Tree Protection regulations of Chapter 17 of the City Code, as amended by the Miami Design District Retail Street SAP Development Agreement, Where the Miami Design District Retail Street SAP and the Miami 21 code are more restrictive than the Tree Protection regulations, the Miami Design District Retail Street SAP and the Miami 21 code shall apply. NOTE: All new Buildings in excess of 50,000 sq, ft, within the Miami Design District Retail Street SAP shall conform to the sustainability requirements set forth in Miami 21, 1.3 C.,x)rur71. i..l. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL. STREET SAP DRAFT NoVE'MBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK, MIA 21 APPENDIX F; MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 ARTICLE 4, TABLE 4 DENSITY, INTENSITY AND PARKING T4 ,GENERAL URBAN ZONE DENSITY (UPA) 36 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1,5 spaces per principal Dwelling Unit, • Ancillary Dwelling — Minimum of 1 parking space per ancillary dwelling unit. • Live -Work — Work component shall provide parking as required by the non-residential Use In addition to parking required for the Dwelling Unit • Adult Family -Care Homes — Minimum 1 space per staff member and 1 space per 4 residents, • Community Residence — Minimum of 1 parking space per staff member In addition to the parking required for the principal Dwelling Unit(s). • Parking Requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Parking ratio may be reduced by thirty percent (30%) if the property is (i) within'/2 mile radius of a TOD or IN mile radius of a Transit Corridor, and (ii) within 650 feet from a Parking Garage or Parking Lot identified in the Miami Design District Retail Street SAP Parking Management Program. • Minimum of 1 Biycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10. LODGING Lodging Uses are permissible as listed In Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 5 lodging units. • Parking Requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Parking ratio may be reduced by thirty percent (30%) if the property is (i) within'/a mile radius of a TOD or %a mile radius of a Transit Corridor, and (II) within 650 feet from a Parking Garage or Parking Lot identified in the Miami Design District Retail Street SAP Parking Management Program. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6.10 OFFICE Office Uses are permissible as listed In Table 3, • Minimum of 3 parking spaces for every 1,000-s,f: square feet of office use. • Parking Requirement may be reduced according to the Shared parking standard, Article 4, Table 5, • Parking ratio may be reduced by thirty percent (30%) if the property is (i) within'/s mile radius of a TOD or Y4 mile radius of a Transit Corridor, and (ii) within 650 feet from a Parking Garage or Parking Lot identified in the Miami Design District Retail Street SAP Parking Management Program, • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Article 3.6,10. COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: • A maximum area of 40,000 square feet per establishment, • Minimum of 3 parking spaces for every 1,000 square feet of commercial use. • Parking Requirement may be reduced according to the Shared parking standard, Article 4, Table 5, • Parking ratio may be reduced by thirty percent (30%) if the property is (I) within'/z mile radius of a TOD or mile radius of a Transit Corridor, and (ii) within 650 feet from a Parking Garage or Parking Lot identified in the Miami Design District Retail Street SAP Parking Management Program. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design. District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required (before any reductions). See also Article 3.6.10, CIVIC Civic Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 5 seats of Assembly Use. 13:M004fl;.a.4. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 • Parking Requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Parking ratio may be reduced by thirty percent (30%) If the property Is (i) within'/2 mile radius of a TOD or'/n mile radius of a Transit Corridor, and (ii) within 650 feet from a Parking Garage or Parking Lot identified in the Miami Design District Retail Street SAP Parking Management Program. • Parking for Civic Uses may be provided off -site within a distance of 1,000 feet. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required, See also Article 3.6.10. EDUCATIONAL Educational Uses are permissible as listed In Table 3, limited by compliance with • Minimum of 3 parking spaces for every 1,000 feet of Educational Use, • Schools — Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or College/University. • Childcare Facilities — Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for, • Parking Requirement may be reduced according to the Shared parking standard, Article 4, Table 5 • Parking ratio may be reduced by thirty percent (30%) if the property is (I) within' mile radius of a TOD or Y% mile radius of a Transit Corridor, and (ii) within 650 feet from a Parking Garage or Parking Lot identified in the Miami Design District Retail Street SAP Parking Management Program. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as Illustrated on pg. A2,2 of the Miami Design District Retail Street SAP Concept Book, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required, See also Article 3,6,10 MIAMI 21 APPENDIX F; MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 T5 - URBAN CENTER ZONE DENSITY (UPA) RESIDENTIAL LODGING OFFICE 65 UNITS PER ACRE Residential Uses are permissible as listed In Table 3, limited by compliance with: • Minimum of 1.5 spaces per Dwelling Unit • Minimum of 1 additional visitor parking space for every 10 Dwelling Units • Live -Work — Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit(s). • Adult Family -Care Homes — Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence — Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6.10. • Parking ratio may be reduced within 1/2 mile radius of TOD and within Y mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading -- See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as Illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept book, Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units. • Minimum of 3 parking spaces for every 1,000 square feet of oommercial use, except for Public Storage Facilities, minimum 1 parking space for every 2,000 square feet for the first 20,000 square feet, and 1 parking space per 10,000 square feet thereafter, • Parking requirement may be reduced according to the Shared parking standard, Art. 4, Table 5, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6,10, • Parking ratio may be reduced within'/ mile radius of TOD and within 1% mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg, A2.2 of the Miami Design District Retail Street SAP Concept Book. Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Office use, • Parking requirement may be reduced according to the Shared Parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3,6.10, • Parking ratio may be reduced within % mile radius of TOD and within % mile radius of a Transit Corridor by thirty percent (30%), • Parking may be provided by ownership or lease offside within 1000 feet. • Loading — See Article 4, Table 5, • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP COMMERCIAL. DRAFT NOVEMBER 2015 EDUCATIONAL i 3700547-1- 14 Commercial Uses are permissible as listed in Table 3, limited by compliance with: • A maximum area of 55,000 per establishment with one (1), 120,000 square foot establishment, maximum. For Block 5 East, one (1) additional establishment with a maximum size of 100,000 square may be permitted by Exception. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space for every 2,000 square feet for the first 20,000 square feet, and 1 parking space per 10,000 square feet thereafter, • Parking requirement may be reduced according to the Shared Parking standard, Art. 4, Table 5, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6.10, • Parking ratio may be reduced within'/z mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offside within 1000 feet. • Loading — See Article 4, Table 5. • Commercial Auto -related, Drive-Thru or Drive -In Facilities — See Article 6. • Parking may be provided off -site within Parking Structures or Parking Lots Identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2,2 of the Miami Design District Retail Street SAP Concept Book. Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools -- Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or College/University. • Childcare Facilities— Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for. • Parking requirement may be reduced according to the Shared Parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6,10. • Parking ratio may be reduced within'/2 mile radius of TOD and within 4/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offside within 1000 feet. • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 DENSITY (UPA) 150 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1,5 spaces per Dwelling Unit • Minimum of 1 additional visitor parking space for every 10 Dwelling Units • Live -Work — Work component shall provide parking as required by the non-residential Use in addition to parking required for the Dwelling Unit(s). • Adult Family -Care Homes — Minimum 1 space per staff member and 1 space per 4 residents, • Community Residence — Minirnum of 1 parking space per staff member In addition to the parking required for the principal Dwelling Unit(s), • Parking requirement may be reduced according to the Shared parking standard, Art. 4, Table 5, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art, 3,6.10. • Parking ratio may be reduced within 14 mile radius of TOD and within'/ mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offsite within 1000 feet. • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept book. LODGING Lodging Uses are permissible as listed in Table 3, • Minimum of 1 parking space for every 2 lodging units, • Minimum of 1 additional parking space for every 10 lodging units. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space for every 2,000 square feet for the first 20,000 square feet, and 1 parking space per 10,000 square feet thereafter. • Parking requirement may be reduced according to the Shared parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6.10. • Parking ratio may be reduced within'/ mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%), • Parking may be provided by ownership or lease offsite within 1000 feet, • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book, OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Office use. • Parking requirement may be reduced according to the Shared Parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6,10. • Parking ratio may be reduced within'/z mile radius of TOD and within'/ mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offside within 1000 feet. • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified In the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book, MIAMI 21 APPENDIX F; MIAMI DESIGN DISTRICT RETAIL STREET SAP COMMERCIAL DRAFT NOVEMBER 2015 EDUCATIONAL 4:}70i 047-1-i-1_) Commercial Uses are permissible as listed in Table 3, limited by compliance with: • A maximum area of 55,000 per establishment with one (1), 120,000 square foot establishment, maximum and one (1), 160,000 maximum square foot establishment will be allowed in T6-12 and above. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum 1 parking space for every 2,000 square feet for the first 20,000 square feet, and 1 parking space per 10,000 square feet thereafter. • Parking requirement may be reduced according to the Shared Parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art. 3.6.10. • Parking ratio may be reduced within'/z mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offside within 1000 feet. • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified In the Miami Design District Retail Street SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools — Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students In grades 11 and 12 or College/University. • Childcare Facilities — Minimum of 1 space for the owner/operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for, • Parking requirement may be reduced according to the Shared Parking standard, Art. 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. See also Art 3.6.10. • Parking ratio may be reduced within'/ mile radius of TOD and within'/4 mile radius of a Transit Corridor by thirty percent (30%). • Parking may be provided by ownership or lease offside within 1000 feet, • Loading — See Article 4, Table 5. • Parking may be provided off -site within Parking Structures or Parking Lots identified in the Miami Design District Retail Street. SAP Parking Management Program, as illustrated on pg. A2.2 of the Miami Design District Retail Street SAP Concept Book. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 THIS PAGE LEFT INTNT4ONALLYINTENTIPNALLY BLANK. +3,70W4-7-1,,14, MIAMI 21 APPENDIX F. MIAMI DESIGN DISTRICT RETAIL STREET SAP g. i;3700047-1; i..i. ARTICLE 5. SPECIFIC TO ZONES 5.1 GENERALLY 5.1.1 This Article sets forth the standards applicable to development within the each Transect Zone located within the Miami Design District Retail Street SAP area. Provisions of the Miami 21 Code modified herein shall apply only within the Miami Design District Retail Street SAP. 5.4 GENERAL URBAN TRANSECT ZONES (T4) 5.4.1 Building Disposition (T4) a, Newly platted Lots shall be dimensioned according to Illustration 5.4 for each Block of the Miami Design District Retail Street SAP. b. Lot Coverage by any Building shall not exceed the percentage listed in Illustration 5.4 and Article 4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings only. 1, Block 5 East. Notwithstanding the foregoing, Lot Coverage for new Buildings on Block 5 East shall be calculated independently of the aggregate calculation for new Buildings on the balance of the Blocks comprising the Miami Design District Retail Street SAP. Said Lot Coverage shall not exceed the percentage listed in Illustration 5.4 for Block 5 East of the Miami Design District Retail Street SAP. c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5,4 for each Block and Article 4, Table 2 of the Miami Design District Retail Street SAP. ci. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Article 4, Table 8 of the Miami Design District Retail Street SAP. The Outbuilding shall be separated from the Principal Building by a minimum of ten (10) feet. e. Setbacks for Principal Buildings shall be as set forth in Article 4, Table 2 and shown in Illustration 5.4 for each Block of the Miami Design District Retail Street SAP. 1, Block 5 East. For the Secondary Frontage along NE 43rd Street of Block 5 East, any Building shall be Setback a minimum of twenty-five feet (25') from the Frontage Line for the initial one hundred and fifty feet (150') of said Secondary Frontage from NE 2nd Avenue and, thereafter, shall be Setback a minimum of fifty feet (50') from the Frontage Line for the balance of said Frontage to NE 4th Avenue. f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line, for a minimum fifty percent (50%) of its length. The Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.4 of the Miami Design District Retail Street SAP. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5,4 of the Miami Design District Retail Street SAP. One (1) Story, non -habitable Accessory Structures, of a maximum of two hundred (200) square feet or ten (10%) percent of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line, 5.4.2 Building Configuration (T4) a. Development within Private Frontages shall comply with Article 4, Table 2 and Illustration 5.4 of the Miami Design District Retail Street SAP. b. Galleries, Arcades and Cantilevered Buildings shall be permitted to extend above the Public Right -of -Way. (See Section 3.3,6 and Article 4, Table 6 of the Miami Design District Retail Street SAP). In T4, an Arcade, Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever, shall require an SAP Permit and: (I) a recommendation of approval or approval with conditions by UDRB; and (11) the approval of the Director of Public Works, I An Arcade shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Arcade shall be a minimum of thirteen feet (13') deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. 2, A Cantilever extending into the Public Right -Of -Way, shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade. A Cantilever may overlap the whole width of the Sidewalk to within two (2') feet of the curb. 3, A Gallery shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Gallery shall be a minimum of thirteen feet (13') deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. c, Encroachments shall be allowed as follows: 1. Pedestrian Passage. An Awning and/or Canopy within the Pedestrian Passage shall be permitted to encroach to a maximum depth of eight (8) feet or twenty five percent (25%) of the width of the Pedestrian Passage, whichever is less. Such Encroachment shall further be limited by objects in the Pedestrian Passage such as trees, streetlamps, etc. Bottom edges of Awnings or Canopies shall be no lower than eight (8) feet above the pavement/floor. Awnings of the quarter -sphere type shall not be permitted. 2. Sidewalk or Public Alleys, Awnings or Canopies abutting a Sidewalk or a public Alley or similar Public Right -Of -Way shall be designed in accordance with Section 54-186 of the City Code and: MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 Shall maintain a minimum vertical clearance of eight feet (8') above the Sidewalk and shall not extend into or occupy more than two-thirds (2/3) of the width of the Sidewalk measured from the building where said Awning or Canopy has a vertical clearance of less than fifteen feet (15') above the Sidewalk. ii, Stanchions or columns that support Awnings or Canopies shall be located not less than two (2') feet in from the curb line. iii. Shall not extend over any portion of the Sidewalk within two (2') feet of the curb where said Awning or Canopy has a minimum vertical clearance of fifteen (15') feet or greater above the Sidewalk. iv. Shall be further limited by objects located within the Public Right -of -Way such as trees, street lights, etc, 3. Open Balconies, bay windows, planters and other architectural features shall be permitted to encroach into the Pedestrian Passage up to three (3) feet beyond the Building Facade for up to twenty five percent (25%) of the width of the Building Facade when located not less than fourteen (14') feet above the surface of the Pedestrian Passage, d, Unroofed screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback. e, All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures, shall be within the Second or Third Layer and concealed from view from any Frontage or sidewalk by liner buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments on any required Setback, except for Buildings existing as of the effective date of this Code, where mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments in the Setback by Waiver. f, Loading and service entries shall be accessed from Alleys when available, When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Principal Frontages. Loading and service entries shall be screened from all Pedestrian Passage and Principal Frontage views by decorative walls or gates, commercial grade decorative wood or metal, tile, artistic or non -advertising signage (including way finding signage), Streetscreens or art or green walls. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and as shown in Illustration 5.4 of the Miami Design District Retail Street SAP. The first -floor Elevation of a Principal Building shall be at average Sidewalk grade; a first -floor Residential Function should be at a minimum Height of two (2) feet and a maximum Height of three and a half (3.5) feet for privacy reasons or as regulated by FEMA, whichever is higher. The height of the building shall be up to three (3) Stories, and a maximum of forty (40) feet to the top of the roof slab. 1. Block 5 East, Notwithstanding the foregoing, any portion of a Building or Structure located within Zone B of Block 5 East shall not exceed one (1) Story with a maximum Height of twenty-five (25') feet. See also Illustration 5.4 for Block 5 East and Sec. A4.3 of the Miami Design District Retail Street SAP Concept Book, MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of five (5) feet. Other ornamental Building features may extend up to five (5) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height, Trellises may extend above the maximum Height up to eight (8) feet, Extensions up to ten (10) feet above the maximum Height for a stair, elevator or mechanical enclosure shall be limited to twenty (20%) percent of the roof area, Fences and walls may be located at the Frontage Line as shown in Article 4, Table 6 of the Miami Design District Retail Street SAP, Fences and walls shall be a maximum Height of four (4) feet at the First Layer, except aluminum or iron picket and post Fences with or without masonry posts which shall not exceed a maximum of six (6) feet in Height. Within the Second and Third Layers, Fences and walls shall be a maximum Height of eight (8) feet. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. Exhaust air fans and louvers may be allowed on the Facade only on Frontages located not less than fourteen (14') feet above the Sidewalk in a fashion that does not adversely impact the pedestrian experience. All service infrastructure and utility elements, including, but not limited to, electrical transformers, telephone boxes, cable and other utility boxes, utility wiring, meters, backflow preventers, condensers, dumpsters and loading docks, shall be screened from all Pedestrian Passage and street views by walls or gates, Loading and service entries shall be accessed from subterranean garages or designated service areas, k, Service, infrastructure and utility elements may be creatively concealed or emphasized. Rooftop elements, such as equipment, tanks, exits and elevator towers, shall be designed, housed or concealed as architectural elements worthy of public view as such elements shall be visible from the elevated highway and surrounding Buildings, 5,4.3 Building Function & Density (T4) a.. Buildings in T4 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.4 of the Miami Design District Retail Street SAP. Certain functions as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval by Warrant or Exception. Consult Article 6 of the Miami Design District Retail Street SAP for any supplemental use regulations. 5.4.4 Parking Standards (T4) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5 of the Miami. Design District Retail Street SAP. b. Parking may be accessed by an Alley when available, c. Surface parking lots, covered parking and garages shall be located within the Second and Third Layers as illustrated in Article 4, Table 8 of the Miami Design District Retail Street SAP, Surface parking lots, garages, Loading space and service areas shall be masked from the Frontage by a Streetscreen as specified in Illustration 5,4 of the Miami Design District Retail Street SAP. A maximum one hundred per cent (100%) of the width of the Facade may be MIAMI 21 APPENDIX F. MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 surface parking, covered parking or garage, which shall align with or be set back from the Facade, Driveways and drop-offs, including parking, may be located within the Second Layer. d. Underground parking may extend into the First Layer. Ramps to underground parking shall be within the Second and Third Layers. Underground structures should be entered by pedestrians from a Building or the Pedestrian Passage, c. The maximum width at the Property Line of a driveway on a Frontage shall be twelve (12) feet. Shared driveway width combining ingress and egress shall be a maximum width of thirty-five (35) feet at the Property Line and may encroach into Setbacks. Two separate driveways on one Lot shall have a minimum separation of twenty (20) feet. Any vehicular drive greater than twenty (20) feet in width shall require a median of not less than three (3) feet in width between vehicular ingress and egress travel lanes to enhance pedestrian safety. 1. Block 5 East Notwithstanding the foregoing, no driveways or curb cuts shall be permitted along the Frontage abutting NE 43rd Street east of NE 2nd Avenue, f. Tandem Parking on site should be encouraged. g. Shared Parking shall be calculated according to Article 4, Table 5 for the Miami Design District Retail Street SAP, h, In T4-L and T4-0 a minimum of one (1) bicycle rack space shall be provided for every twenty (20) vehicular parking spaces and may be in the Private Frontage or the Public Right -of -Way in a fashion consistent with the guidelines referenced in 3,6.10.d of the Miami Design District Retail Street SAP. i. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots, including under Thoroughfares, J Above -grade parking may extend into the Second Layer above a first floor Liner with decorative Facade treatment matching the Liner Facade below or an art or green wall, Underground Parking may extend above grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area. 5.4.5 Architectural Standards (T4) a. Only permanent structures shall be allowed, Temporary Structures, such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary structures, shall not be allowed except as otherwise permitted by City Code. b, The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment or an art or green wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story, A reduction to the above glazing standard to provide between forty-nine percent (49%) and thirty percent (30%) glazing may be granted by SAP Permit. Requests for reductions to provide between twenty-nine percent (29%) to a minimum of fifteen percent (15%) glazing may be granted by SAP Permit with review by the UDRB, 4701u147-1- ..}. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 c, Roof materials should be light-colored, high-Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code, d. Building walls shall reinforce the continuity of the Frontage Line and of the -a Pedestrian Passage by their surfaces and by their establishment of the edge. Building walls may curve, angle, or deviate from the Setback, established pursuant to Sec. 3.3.6, by no more than ten feet (10') if approved by SAP Permit, 1, Block 5 East. Building walls for the Secondary Frontage abutting NE 43ra Street may depart from the above requirement in a manner consistent with the standards set forth in Sec. 5.4.1.e.1, e. Each Shopfront Facade may be an individual design. In the case of Abutting Shopfront Facades, their designs shall be coordinated, Party walls may extend beyond or above the walls of Abutting Buildings and shall be designed and finished as if they were intended to be permanent, as they may be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings, f. Entrance doors shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the exception to entrance doors for existing Buildings and their additions. At the first Story, Facades along a Frontage Line shall have: (i) frequent doors and windows; (ii) pedestrian entrances at a maximum spacing of seventy-five (76') feet; and (iii) vehicular entries at a minimum spacing of sixty (60') feet, unless otherwise approved by SAP Permit. g. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies shall be articulated with attention to materials and lighting given that the undersides of such elements are frequently more visible than the Facade. 5.4,6 Landscape Standards (T4) a, Open Space Calculation. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent (6.5%) of the total new Building Lot Area. Should the Open Space provided at the completion of the development program set forth on page Al--9-3,1_6 of the Concept Book fall below ten percent (10%) of the total new Building Lot Area, the owner(s) of the multiple properties comprising the Miami Design District Retail Street SAP area shall off -set the difference between the desired ten percent (10%0) Open Space and the required six and a half percent (6,5%) Open Space in accordance with the terms of the Development Agreement. Areas under permanent kiosks or Retail Merchandising Units shall not be calculated as Open Space. 1, Block 5 East, Notwithstanding the foregoing, Open Space for Block 5 East shall be calculated independently of the aggregate calculation for new Buildings on the balance of the Blocks comprising the Miami Design District Retail Street SAP, Open Space for Block 5 East shall be a minimum of six and a half percent (6,5%) of the Block 5 East Lot Area, Should the Open Space provided on Block 5 East fall below ten percent (10%) of the Block 5 East Lot Area, the owner(s) of the tracts comprising Block 5 East shall off -set the difference desired ten percent (10%) Open Space and the required six and a half percent (6,5%) Open Space in accordance with the terms of the Block 6 East Development Agreement. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2Q15 b. Please see Article 9 for Additional Regulations, 5,4,7 Ambient Standards (T4) a, Noise regulation shall be as established by the City Code. b, Average lighting levels measured at the Building Frontage shall not exceed 2,0 foot-candles (fc). Average Horizontal illuminance, measured at the Building Frontage, where adjacent to T3 shall not exceed 1,0 fo, c, Lighting of Building and Open Space of First and Second Layers shall complement the street lighting of Abutting public spaces. d, The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. e, Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls, MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 5,5 URBAN CENTER TRANSECT ZONES (T5) 5,5,1 Building Disposition (T5) a. Newly platted Lots shall be dimensioned according to Illustration 5.5 for each Block of the Miami Design District Retail Street SAP. b. Lot coverage by any Building shall not exceed the percentage listed in Illustration 5.5 for each Block and Article 4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings only. 1. Block 5 East. Notwithstanding the foregoing, Lot Coverage for new Buildings in Block 5 East shall be calculated independent of the aggregate calculation for new Buildings on the balance of the Blocks comprising the Miami Design District Retail Street SAP. Said Lot Coverage shall not exceed the percentage listed in Illustration 5.5 for Block 5 East of the Miami Design District Retail Street SAP. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5,5 for each Block and Article 4, Table 2 of the Miami Design District Retail Street SAP. d. Buildings or Shopfronts shall have their principal pedestrian entrances on the Pedestrian Passage, a Principal Frontage Line or from a Courtyard at the Second Layer. Where a Building or Shopfront fronts both the Pedestrian Passage and a Principal Frontage and its length along the Principal Frontage is eighty (80') feet or less, its principal pedestrian entrance may be located on either the Pedestrian Passage or the Principal Frontage, Where a Building or Shopfront fronts both the Pedestrian Passage and a Principal Frontage and its length along the Principal Frontage is greater than eighty (80') feet on the ground floor fronts on both the Pedestrian Passage and a Principal Frontage, its principal pedestrian entrance shall be located on the Principal Frontage. e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along a minimum of sixty percent (60%) of its length on the Setback line as shown in Illustration 5.5 for each Block of the Miami Design District Retail Street SAP. In the absence of a Building along the remainder of the Frontage line, a Streetscreen shall be built co -planar with the Facade to conceal parking and service areas. 1 At the first Story, Facades along a Principal Frontage should have frequent doors and windows. g. Setbacks for Buildings shall be as shown in Illustration 5.5 for each Block and set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP. h. A cross -Block passage shall be provided as follows: 1. Cross -Block Pedestrian Connection. If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block Pedestrian Passage, subject to the following exceptions: l.. rr()71- 4..}. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NQVEMEER 2015 a. Block 3 West. An above ground Parking Garage or above ground Parking Structure located in Block 3 West shall not be required to provide a cross -Block Pedestrian Passage. b. Block 4, A cross -Block Pedestrian Passage shall not be provided to exit onto NE 42nd Street. c. Block 5 East. In lieu of providing a cross -Block Pedestrian Passage for Block 5 East, any Building or Structure constructed thereon shall, at a minimum, incorporate a Cantilever, Arcade or Gallery along NE 2nd Avenue Frontage for Block 5 East, cantilevered Awnings and entry Canopies shall be liberally used as part of the Building design along said Frontage, subject to the limitations set forth in Section 5.5,2 of the Miami Design District Retail Street SAP, and in combination with street trees to ensure that pedestrians are adequately protected from the elements. 2. Cross -Block Vehicular Passage. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -Block passage shall be provided. 5.5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 4, Table 2 and Illustration 5,5 for each Block of the Miami Design District Retail Street SAP, b. Galleries, Arcades and Cantilevered Buildings shall be permitted to extend above the Public Right -of -Way. (See Section 3,3.6 and Article 4, Table 6 of the Miami Design District Retail Street SAP). In T5, an Arcade, Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever, shall require an SAP Permit and: (i) a recommendation of approval or approval with conditions by UDRB; and (ii) the approval of the Director of Public Works, l . An Arcade shall not reduce the active Sidewalk width from the connecting Sidewalk, and shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Arcade shall be no less than thirteen (13') feet deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. 2. A Cantilever extending into the Public Right -Of -Way shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade. A Cantilever may overlap the whole width of the Sidewalk to within not less than two (2') feet of the curb. 3. A Gallery shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade, The Gallery shall be a minimum of thirteen (13') feet deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. c, Encroachments shall be allowed as follows: MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 1, Pedestrian Passage, Awnings and/or Canopies within the Pedestrian Passage shall be permitted to encroach to a maximum depth of eight feet (8') or twenty five percent (25%) of the width of the Pedestrian Passage. Such encroachment shall be further limited by objects located within the Pedestrian Passage such as trees, street lights, etc. Bottom edges of Awnings or Canopies shall be no lower than eight feet (8') above the pavement/floor. Awnings of the quarter -sphere type shall not be permitted. 2. Sidewalk or Public Alleys. Awnings or Canopies abutting a Sidewalk or public Alley or similar Public Right -Of -Way shall be designed in accordance with the Section 54-186 of the City Code and: Shall maintain a minimum clearance of eight feet (8') above the Sidewalk and shall not extend Into or occupy more than two-thirds (2/3) of the width of the Sidewalk measured from the building where said Awning or Canopy has a vertical clearance of less than fifteen (15') feet above the Sidewalk, Stanchions or columns that support Awnings or Canopies shall be located not less than two (2') feet from within the curb line. iii. Shall not extend over any portion of the Sidewalk within two (2') feet of the curb where said Awning or Canopy has a minimum vertical clearance of less than fifteen (15') feet above the Sidewalk. 3. Other cantilevered portions of the Building shall maintain the required Setbacks, At the Second and Third Layers, bay windows, chimneys, roofs, and stairs may encroach up to fifty percent (60%) of the depth of the side or rear Setback. At the Second and Third Layers, Balconies may encroach up to fifty percent (50%) of the depth of the side or rear Setback. 4. Open Balconies, bay windows, planters and other architectural features shall be permitted to encroach into the Pedestrian Passage up to three (3) feet beyond the Building Facade for up to twenty five percent (25%) of the width of the Building facade when located not less than fourteen feet (14') above the surface of the Pedestrian Passage, d. Screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback when Abutting T3 or T4. d. Loading and service entries shall be accessed from Alleys when available and otherwise from the Secondary Frontage. When Lots have only Principal Frontages, vehicular entries, Loading spaces and service areas shall be permitted on Principal Frontages. Loading and service entries shall be screened from all Pedestrian Passage and Primary Frontage views by decorative walls, gates or Streetscreens. e. 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. These shall not be allowed as Encroachments, +3170004 MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP QRAF_7"_,11C.O_I/g BER 2055 f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5,5 for each Block of the Miami Design District Retail Street SAP. The first floor elevation shah be at average Sidewalk grade. A first floor Residential Function should be raised a minimum of two (2) feet and a maximum of three and a half (3,5) feet above average Sidewalk grade, Existing one Story Structures shall be considered conforming and may be enlarged. Each of the following Blocks shall be subject to the additional standards set forth herein below: g• 1. Block 3 West. Parking Garages or Parking Structures located on Block 3 West shall have a maximum Building Height of eighty-one feet (81') with no limitation on the total number of Stories, 2. Block 4. Buildings and Structures, or portions thereof, located on Block 4 shall be limited to a maximum Height of fifty feet (50'). 3. Block 5 East. Buildings and Structures, or portions thereof, located on Block 5 East shall be developed in a manner consistent with the standards for each of the Block 5 East zones depicted in Section A4.3 of the Miami Design District SAP Concept Book. Sald Building(s) and Structure(s) shall comply with the following maximum Heights for each zone: i. Zone C: 2 Stories ii. Zone D. 4 Stories iii. Zone D2 5 Stories iv. Zone E: 5 Stories Within Zone E, the introduction of a mezzanine level within the 5th Story shall be permitted and shall not be counted as an additional Story so long as the Height of the improvements located within said zone do not exceed eight -one feet (81'). Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it and a maximum Height of five (5) feet. Other ornamental Building features may extend up to ten (10) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for stair, elevator or mechanical enclosures shall be limited to twenty (20%) percent of the roof area, unless approved by Waiver. h. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be screened from public view with landscaping or a similar aesthetic treatment placed within the line of the Facade or located behind the Streetscreen. Exhaust air fans and louvers may be allowed on the Facade only on Secondary Frontages when located not less than fourteen (14') feet above the average Sidewalk Elevation in a fashion that does not adversely impact the pedestrian experience. Service, infrastructure and utility elements may be creatively concealed or emphasized. Rooftop elements, such as equipment, tanks, exits and elevator towers, shall be designed, housed or concealed as architectural elements worthy of public view as such elements shall be visible from the elevated highway and surrounding Buildings. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2.0 i. Streetscreens shall be a minimum of three and a half (3,5) feet in Height and constructed of a material matching the adjacent building Facade or of masonry, commercial grade decorative wood or metal, the, artistic or non -advertising signage (including way finding), or art or a green wall. The Streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access, Streetscreens shall be located co -planar with the Building Facade Line. Streetscreens more than three (3) feet high shall be fifty percent (50%0) permeable or articulated to avoid blank walls, j. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8) feet, with the exception of Streetscreens masking loading docks, 5.5.3 Building Function & Density (T5) a. Buildings in T5 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.5 for each Block of the Miami Design District Retail Street SAP. Certain Functions as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval by Warrant or Exception, Consult Article 6 of the Miami Design District Retail Street SAP for any Supplemental Use regulations, 5.5,4 Parking Standards (T5) a, Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5 of the Miami Design District Retail Street SAP, b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c, Parking should be accessed by an Alley. Parking shall, when available, be accessed from the Secondary Frontage, Where Lots have only Principal Frontages, parking may be accessed from the Principal Frontages. When a Lot has only Principal Frontages, Driveways, Loading Docks and service areas shall be at the Second Layer and permitted on Principal Frontages, d, All parking, open parking areas, covered parking, garages, Loading Spaces and service areas, shall be masked from the Frontage by a Streetscreen as illustrated in Article 4, Table 8 of the Miami Design District Retail Street SAP. Underground parking may extend into the Second Layer only if it is fully underground, Ramps to underground parking shall be only within the Second and Third Layers. Above ground parking may extend into the Second Layer with appropriate Facade treatment. For any above ground parking structures located at the intersection of two Thoroughfares, a retail liner shall be provided for a minimum of fifty (50) feet in order to complement the surrounding architecture. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet, except Interim Parking which may be 100% of the length of the Primary Frontage and shall comply with all other applicable City Code regulations. e. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than forty-five (45) feet. The minimum distance between vehicular entrances shall be twenty (20) feet at the Property Line and may encroach into Setbacks, Where the vehicular entrance exceeds thirty -7OOO4.a;N. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 (30) feet in width, a median of not less than three (3) feet in width shall be provided between vehicular ingress and egress travel lanes to enhance pedestrian safety, 1. Block 3 West, For any Parking Garage or Parking Structure in Block 3 West identified on page A2.2 of the Concept Book, the vehicular entrance of said parking lot or garage shall be limited to total vehicular pavement not wider than fifty-one feet (51') (exclusive of the width of the pedestrian refuge and any abutting alley) upon approval by SAP Permit. f Pedestrian entrances to all parking lots and parking structures shall be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building or the Pedestrian Passage. g. Buildings mixing Uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table 5 of the Miami Design District Retail Street SAP, h, Underground parking may extend into the First Layer. Ramps to underground parking shall be within the Second and Third Layers. Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots, including under Thoroughfares. Above -grade parking may extend into the Second Layer above a first floor Liner with decorative Facade treatment matching the Liner Facade below or an art or green wall, Underground Parking may extend above -grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area. 1, Block 3 West. For any Parking Garage or Parking Structure located on Block 3 West, a decorative Facade treatment or art or green wall shall be approved via SAP Permit. The Facade treatment shall conceal from view all internal elements including, but not limited to, vehicles, piping, fans, ducts and all lighting. 55 Architectural Standards (T5) a. Only permanent Structures shall be allowed. Temporary Structures such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary Structures shall not be allowed, except as otherwise permitted by the City Code and this code. b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment or an art or green wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story. A reduction to the above glazing standard to provide between forty-nine percent (49%) and thirty percent (30%) glazing may be granted by SAP Permit. Requests for reductions to provide between twenty-nine percent (29%) to a minimum of fifteen percent (15%) glazing may be granted by SAP Permit with review by the UDRB c. Roof materials should be light-colored, high Albedo or of a planted surface and shall comply with Article 3, Section 3.13.2 of this Code, d, The Facade of a Parking Garage that is not concealed behind a Habitable Liner shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking Structures shall be covered a maximum of sixty percent (60%) MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 with a shade producing Structure such as, but not limited to, a vined pergola or retractable canvas shade Structure. In lieu of the use of the aforementioned shade producing Structure, an alternate treatment of the exposed top level of parking Structure may be approved by SAP Permit. e, Building walls shall reinforce the continuity of the Frontage Line and of the Pedestrian Passage by their surfaces and by their establishment of the edge. Building walls may curve, angle, or deviate from the established Setback, as established pursuant to Sec. 3.3.6., by no more than ten feet (10') if approved by SAP Permit. f. Each Shopfront Facade may be an individual design. In the case of Abutting Shopfront Facades, their designs shall be coordinated. Party walls may extend beyond or above the walls of Abutting Buildings and shall be designed and finished as if they were intended to be permanent, as they may be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings. Not less than one (1) entrance doors per Building or tenant space, as the case may be, shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the exception to entrance doors for existing Buildings and their additions. h. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies shall be articulated with attention to materials and lighting given that the undersides of such elements are frequently more visible than the Facade. 5.5.6 Landscape Standards (T5) a. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent (6,5%) of the total new Building Lot Area, Should the Open Space provided at the completion of the development program set forth on page A-1-9g1,8 of the Concept Book fall below ten percent (10%) of the total new Building Lot Area, the owner(s) of the multiple properties comprising the Miami Design District Retail Street SAP area shall off -set the difference between the desired ten percent (10%) Open Space and required six and a half percent (6.5%) Open Space in accordance with the terms of the Development Agreement, Areas under permanent kiosks shall not be calculated as Open Space. 1. Block 5 East. Notwithstanding the foregoing, Open Space for Block 5 East shall be calculated independent of the aggregate calculation for new Buildings on the balance of the Blocks comprising the Miami Design District Retail Street SAP, Open Space for Block 5 East shall be a minimum of six and a half percent (6,5%) of the Block 5 East Lot Area. Should the Open Space provided on Block 5 East fall below ten percent (10%) of the Block 5 East Lot Area, the owner(s) of the tracts comprising Block 5 East shall off -set the difference desired ten percent (10%) Open Space and the required six and a half percent (6.5%) Open Space in accordance with the terms of the Block 5 East Development Agreement, 5.5.7 Ambient Standards (T5) (-: 700047-1;-1-} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 5.0 foot-candles (fo). Average horizontal illuminance, measured at the Building Frontage, where adjacent to T3 shall not exceed 1.0 fc. c, Lighting of Building and contingent Open Spaces shall be complementary with the street lighting of Abutting public spaces as illustrated In Article 8 of the Miami Design District Retail Street SAP, Interior garage lighting fixtures shall not be visible from streets. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets, e, Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls, { 440(A14 J-1 1--} MIAMI 21 APPENDIX F; MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) a, Lot coverage by any Building shall not exceed the percentage listed in Illustration 5.6 for each Block and Article 4, Table 2 of the Miami Design District Retail Street SAP, calculated in aggregate for new Buildings only. 1. Block 5 East. Notwithstanding the foregoing, Lot Coverage for new Buildings shall be calculated independent of the aggregate calculation for new Buildings on the balance of the Blocks comprising the Miami Design District Retail Street SAP. Said Lot Coverage shall not exceed the percentage listed in Illustration 5.6 for Block 5 East of the Miami Design District SAP. b. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5,6 for each Block and the standards set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP. c. Buildings or Shopfronts shall have their principal pedestrian entrances on the Pedestrian Passage, a Principal Frontage Line or from a courtyard at the Second Layer. Where a Building or Shopfront fronts both the Pedestrian Passage and a Principal Frontage and Its length along the Principal Frontage is eighty (80') feet or less, its principal pedestrian entrance may be located on either the Pedestrian Passage or the Principal Frontage. Where a Building or Shopfront fronts both the Pedestrian Passage and a Principal Frontage and its length along the Principal Frontage is greater than eighty (80') feet, its principal pedestrian entrance shall be located on the Principal Frontage. d. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along a minimum of sixty percent (60%) of its length on the Setback line as shown in Illustration 5.6 for each Block of the Miami Design District Retail Street SAP. In the absence of Building along the remainder of the Frontage line, a Streetscreen shall be built co -planar with the Facade to shield parking and service areas. In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building corner may recede from the designated Setback up to twenty percent (20%) of the Lot length. e, Setbacks for Buildings shall be as shown in Illustration 5.6 for each Block and set forth in Article 4, Table 2 of the Miami Design District Retail Street SAP. For T6-12, T6-24, T6- 36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the Setbacks shall reflect the transition as shown in Illustration 5.6 of the Miami Design District Retail Street SAP. 1. Block 2. For Lots zoned T6-12 having one (1) dimension measuring one hundred feet (100') or less, Frontage Setbacks above the eighth floor may be a minimum of zero feet (0'). 2. Block 2 West, For Lots zoned T6-12 having one (1) dimension measuring one hundred feet (100') or less, Frontage Setbacks above the eighth floor may be a minimum of zero feet (0') l :700.0 :?-1;i_i MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2,015 3, Block 3 West. For Lots zoned T6-8 having one (1) dimension measuring one hundred feet (100') or less, Frontage Setbacks above the eighth floor may be a minimum of zero feet (0'). f. Above the eighth floor, minimum building spacing is sixty (60) feet, except that where the Building abuts T5, the sixty (60) feet required spacing above the fifth floor shall be 20 feet. For T6- 24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet.. For T6-12, T6-24, T6-36, T6-48, T6-60 and T6-80 above the eighth floor in the Second Layer, at a setback of ten (10) feet, an additional two stories of habitable space may extend a maximum sixty percent (60%) of the length of the street Frontages. For T6-12, T6-24, T6-36, T6-48, T6-60 and T6- 80 above the eighth floor an additional six feet of non -habitable space may be allowed without additional setback to accommodate depth of swimming pools, landscaping, transfer beams, and other structural and mechanical systems. g. 1. Block 2 West. Lots zoned T6-12 may: i. Reduce to a minimum of twenty feet (20') Frontage Setbacks above the eighth floor when the Lot has one (1) dimension measuring one hundred feet (100') or less; ii. Reduce side Setbacks above the 5th floor to a minimum of ten feet (10') and no Building separation shall be required when adjacent to a T5 zoned Lot; iii, Reduce side Setbacks above the 8th floor to a minimum of fifteen feet (15') and building separation to thirty feet (30') when the Building is adjacent to a T6 Lot; and iv. Permit closed stairs and open balconies to encroach up to five feet (5') into the Setback via SAP Permit. A cross -Block passage shall be provided as follows: 1. Cross -Block Pedestrian Connection. If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block Pedestrian Passage, subject to the exception listed herein below. Such a cross -Block connection may be covered above the first floor by a maximum of twenty-five percent (25%) of its length with Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In all T6 zones, a cross Block connection may be roofed. a. Block 1 West. A Parking Garage or Parking Structure located in Block 1 West shall not be required to provide a cross -Block Pedestrian Passage. 2, Cross -Block Vehicular Connection. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -Block connection shall be provided. 5.6.2 Building Configuration (T6) a. Development within Private Frontages shall comply with Article 4, Tables 2 and Illustration 5,6 for each Block of the Miami Design District Retail Street SAP. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 b. Galleries, Arcades and Cantilevered Buildings shall be permitted to extend above the Public Right -of -Way. (See Section 3,3.6 and Article 4, Table 6 of the Miami Design District Retail Street SAP). In T6, an Arcade, Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever shall require an SAP Permit and: (i) a recommendation of approval or approval with conditions by UDRB; and (ii) the approval of the Director of Public Works. c, d. 1. An Arcade shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Arcade shall be no less than thirteen (13') feet deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. 2. A Cantilever extending into the Public Right -Of -Way, shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade, A Cantilever may overlap the whole width of the Sidewalk to within two (2') feet of the curb. 3, A Gallery shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen (15') feet above the average Sidewalk grade. The Gallery shall be a minimum of thirteen (13') feet deep and may overlap the whole width of the Sidewalk to within two (2') of the curb. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows: 1, 15,000 square feet maximum for Residential Uses in T6-8, T6-12 and T6-24 2, 18,000 square feet maximum for Residential Uses in T6-36, T6-48, T6-60 and T6-80 3, 30,000 square feet maximum for Commercial Uses and for parking 4, 180 feet maximum length for Residential Uses 5. 215 feet maximum length for Commercial Uses Encroachments shall be as follows: 1, Pedestrian Passage. Awnings or Canopies within the Pedestrian Passage shall be permitted to encroach to a maximum depth of eight (8') feet or twenty five percent (25%) of the width of the Pedestrian Passage, whichever is less. Such Encroachment shall be further limited by objects located within the Pedestrian Passage such as trees, street lights, etc. Bottom edges of Awning or Canopies shall be no lower than eight feet (8') above the pavement/floor. Awnings of the quarter -sphere type shall not be permitted. 2. Sidewalk or Public Alley. Awnings or Canopies abutting a Sidewalk or a public Alley or similar Public Right -of -Way shall be designed in accordance with Section 54-186 of the City Code and: Shall maintain a minimum vertical clearance of not less than eight feet (8') above the pavement/floor and shall not extend into or occupy more than two-thirds (2/3) of the width of the Sidewalk measured from the building where said Awning or Canopy has a vertical clearance of less than fifteen (15') feet above the Sidewalk, MIA 121 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL, STREET SAP g. DRAFT NOVEMBER 2015 Stanchions or columns that support Awnings or Canopies shall be located not less than two (2') feet from within the curb line. Ili. Shall not extend over any portion of the Sidewalk within two (2') feet of the curb where said Awning or Canopy has a minimum vertical clearance of fifteen (15') feet above the Sidewalk, iv. Such Encroachment shall be further limited by the edge of the Sidewalk or by objects in the Public Right -of -Way such as trees, streetlamps, etc, 3. At the Second Layer, bay windows and roofs shall be at a maximum three (3) feet deep and may encroach up to thirty percent (30%) of the depth of the Sidewalk. Other cantilevered portions of the Building shall maintain the required Setbacks. At the Second and Third Layers, bay windows, chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the side or rear Setback, At the Second and Third Layers, Balconies may encroach up to fifty percent (50%) of the depth of the side or rear Setback. 4, Open balconies, bay windows, planters and other architectural features shall be permitted to encroach into the Pedestrian Passage up to three (3) feet beyond the Building Facade for up to twenty five percent (25%) of the width of the Building facade when located not less than fourteen (14') feet above the surface of the Pedestrian Passage. 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. These shall not be allowed as Encroachments, Loading and service entries shall be accessed from Alleys when available, and otherwise from the Secondary Frontage, Loading spaces and service areas shall be internal to the building. Where Lots have only Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Principal Frontages, Loading and service entries shall be screened from all Pedestrian Passage and Primary Frontage views by decorative walls or gates or Streetscreens. 1, Block 2 West. Unenolosed Loading Spaces and services areas on T6-12 zoned Lots within Block 2 West are permitted by SAP Permit and shall be buffered by a highly decorative wall or screen. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 of the Miami Design District Retail Street SAP and be allocated as required in Illustration 5.6 for each Block of the Miami Design Distriot Retail Street SAP. First -floor elevation shall be at average Sidewalk grade. A first level Residential Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.6) feet above average Sidewalk grade. Existing one Story Structures shall be considered conforming and may be enlarged. 1. Block 2 West. Building(s) and Structure(s), or any portions thereof, located on Block 2 West shall have their maximum benefit Heights limited as follows: i. Parcel 11: 0 Stories MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL. STREET SAP DRLIE IMIFmnFe j5 ii. Parcel 12: 2 Stories 2, Block 3 West. Building(s) and Structure(s), or any portions thereof, located on Parcels 22 and 23 of Block 3 West shall have a maximum benefit Height of two (2) Stories. h, Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it. Other enclosures for housing stairs, bathrooms, elevators or mechanical equipment or for ornamental Building features may extend up to ten (10) feet above maximum height for T6-8 and T6-12.2 or above ten (1 Q) feet by SAP Permit, so long as the properly_ on which the Buildincjis located i5 net a uttina a T3 transect zone. Roof decks shall be permitted up to the maximum Height. Trellises open-air canopies and architectural fagade_treatments that.are open op one or more sides may extend above the maximum Height up to fourteen (14) feet,,.but limited to fifteenpercent (15%) of the Roofarea, All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be screened from public view with landscaping or a similar aesthetic treatment, placed within the line of the Facade or behind the Streetscreen, Exhaust air fans and louvers may be allowed on the Facade only on Frontages fourteen (14') feet above the Sidewalk in a fashion that does not adversely impact the pedestrian experience. Service, infrastructure and utility elements may be creatively concealed or emphasized, Rooftop elements, such as equipment, tanks, exits and elevator towers, shall be designed, housed or concealed as architectural elements worthy of public view, as such elements shall be visible from the elevated highway and surrounding tall Buildings. j Streetscreens or fences shall be a minimum of three and a half (3.5) feet in Height and constructed of a material matching the adjacent Building Facade or of masonry, wrought iron or aluminum, The Streetscreen may be replaced by a hedge. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Streetscreens shall be located co -planar with the Building Facade Line. Streetscreens over three (3) feet high shall be fifty percent (50%) permeable or articulated to avoid blank walls. k. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8) feet, with the exception of Streetscreens masking loading docks. 5.6.3 Building Function & Density (T6) a. Buildings in T6 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5,6 of the Miami Design District Retail Street SAP. Certain Functions as shown in Article 4, Table 3 of the Miami Design District Retail Street SAP shall require approval by Warrant or Exception, Consult Article 6 of the Miami Design District Retail Street SAP for any supplemental regulations. b. The calculation of the FLR shall not apply to that portion of the building that Is entirely below base flood elevation. 5.6.4 Parking Standards (T6) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5 of the Miami Design District Retail Street SAP, MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Frontage when available. Where Lots have only Principal Frontages, parking may be accessed from the Principal Frontages. When a Lot has only Principal Frontages, Driveways, vehicular entries, Loading Docks and service areas shall be at the Second Layer and permitted on Principal Frontages. d. Primary Frontage, All parking, open parking areas, covered parking, garages, Loading Spaces and service areas, with the exception of drop-off drives and porte-cocheres, shall be located within the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8 of the Miami Design District Retail Street SAP, Parking, drop-off drives and porte-cocheres may extend into the Second Layer with appropriate Facade or Landscape treatment. For any above or below ground parking structures located at the intersection of two Thoroughfares, a retail Liner shall be provided for a minimum of fifty feet (50') in order to complement the surrounding architecture. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet, except for Interim Parking which may be 100% of the length of the Primary Frontage and shall comply with all other applicable City Code regulations. e. Underground parking may extend into the First Layer, Ramps to underground parking shall be within the Second or Third Layers. f. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than forty-five (45) feet. The minimum distance between vehicular entrances shall be twenty (20) feet at the Property Line and may encroach into Setbacks. Where the vehicular entrance exceeds thirty (30) feet in width, a median of not less than three (3) feet in width shall be provided between vehicular ingress and egress travel lanes to enhance pedestrian safety. 1, Block 3 West, Notwithstanding the foregoing, the vehicular entrance of a Parking Garage or Parking Structure on a Frontage on Block 3 West shall be no wider than fifty-one feet (51'). g. Pedestrian entrances to all parking lots and Parking Structures shall be directly from a Frontage Line. Underground Parking Structures should be entered by pedestrians directly from a Principal Building or the Pedestrian Passage. h. Buildings mixing uses shall provide parking for each Use, Shared Parking shall be calculated according to Article 4, Table 5 of the Miami Design District Retail Street SAP. i, Where Lots are Abutting, underground parking may extend to Abutting Blocks and Lots, including under Thoroughfares. J• Above -grade parking may extend into the Second Layer above a first floor liner with decorative facade treatment matching the liner facade below or an art or green wall. Underground parking may extend above grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area. 5.6,5 Architectural Standards (T6) E370G(147 1 + MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 a. Only permanent Structures shall be allowed. Temporary Structures, such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary Structures, shall not be allowed, except as otherwise permitted by the City Code and this code. b. The Facades on Retail Frontages shall be detailed as storefronts with decorative Facade treatment or an art or green wall, and glazed no less than fifty per cent (50%) of the Sidewalk -level Story. A reduction to the above glazing standard to provide between forty-nine percent (49%) and thirty percent (30%) glazing may be granted by SAP Permit. Requests for reductions to provide between twenty-nine percent (29%) to a minimum of fifteen percent (15%) glazing may be granted by SAP Permit withafter review by the UDRB, ..--......-Notwithstanding the foregoing, only -the first two hundred feet (200') of NE 38th Street east of NE 1st Avenue shall be detailed as a storefront and glazed with clear glass for no less than 70% of the sidewalk -level Story,unless.._an erti:atic.,treat.i e t...j.n..lie _gf glazi.ng.1 epproved4 11 th_e P,[ rw.in.g..Q.r Q.ta.r.after r_eviev _by tbta...tJ[�Rr . c, Roof materials should be light-colored, high Albedo or of a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. d. The Facade of a parking garage that is not concealed behind a Habitable Liner and all Elevations shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking structures shall be covered a minimum of sixty percent (60%) with a shade producing structure such as, but not limited to, a vined pergola or retractable canvas shade structure. In lieu of the use of the aforementioned shade producing Structure, an alternate treatment of the exposed top level of parking Structure may be approved by SAP Permit. e. Building walls shall reinforce the continuity of the Frontage Line and of the Pedestrian Passage by their surfaces and by their establishment of the edge. Building walls may curve, angle, or deviate from the established Setback, as established pursuant to Sec. 3,3.6., by no more than ten feet (10') if approved by SAP Permit f. Each Shopfront Facade may be an individual design. In the case of Abutting Shopfront Facades, their designs shall be coordinated. Party walls may extend beyond or above the walls of Abutting buildings and shall be designed and finished as if they were intended to be permanent as they may be seen from Thoroughfares, the Pedestrian Passage, and from surrounding Buildings. g. Not less than one (1) entrance door per Building or tenant space, as the case may be, shall be at Sidewalk grade or the grade of the Pedestrian Passage, with the exception to entrance doors for existing Buildings and their additions. h. The visible exterior soffits of Balconies and roof overhangs and the ceilings of Arcades and Balconies shall be articulated with attention to materials and lighting given that the undersides of such elements are frequently more visible than the Facade. 566 Landscape Standards (T6) MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 a. Open Space shall be calculated on an aggregate basis for all of the new Building Lots included as part of the Miami Design District Retail Street SAP and shall be a minimum of six and a half percent (6,5%) of the total new Building Lot Area. Should the Open Space provided at the completion of the development program set forth on page A-31,8 of the Concept Book fall below ten percent (10%) of the total new Building Lot Area, the owner(s) of the multiple properties comprising the Miami Design District Retail Street SAP area shall off -set the difference between the desired ten percent (10%) Open Space and required six and a half percent (6,5%) Open Space in accordance with the terms of the Development Agreement. Areas under permanent kiosks shall not be calculated as Open Space. 5.6.7 Ambient Standards (T6) a. Noise regulations shall be as established in the City Code, b. Average lighting levels measured et the Building Frontage shall not exceed 20 fc (foot-candles), e. Average Lighting of Building and contingent Open Spaces shall complement the street lighting of Abutting public spaces as illustrated in Article 8 of the Miami Design District Retail Street SAP. Interior garage lighting fixtures shall not be visible from Thoroughfares. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding Thoroughfares. e. Neither direct nor reflected light or glare shall extend or pollute beyond parapet walls. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 ARTICLE 6, SUPPLEMENTAL REGULATIONS 6.3 COMMERCIAL USES 6.3.1 Large Scale Retail A single commercial establishment occupying more than 55,000 square feet of Floor Area in the Miami Design District Retail Street S.A.P. shall be permitted subject to the following requirements: LOCATION rLoT SIZE By Right in T6-12 or above for up to two (2) establishments with a maximum size of 120,000 square feet and 160,000 square feet. By Right in T5 for up to one (1) establishment with a maximum size of 120,000 square feet. By Exception in T5 on Block 5 East for up to one (1) establishment with a maximum size of 100,000 square feet. By Warrant in D1 By Right in 02. Section 6.3.1. "Additional Requirements" shall not apply. As required by the Transect Zone. COMMERCIAL AREA Minimum of 55,000 square feet. LIMITATIONS REQUIREMENTS WHEN ABUTTING A MORE RESTRICTIVE TRANSECT • A minimum of one (1) shade tree with a minimum Height of twelve (12) feet shall be planted at twenty-five feet (25') on center along the perimeter of the wall. • Additional landscaping In the form of shrubs and Buffer plant material shall also be required. PARKING • All required Parking shall conform to the Transect Zone ADDITIONAL REQUIREMENTS • At ground level: Habitable Space, such as Liners , to conceal Parking Structures or Parking Areas must be provided for at least sixty-five percent (65%) of linear street Frontages. • Second floor level: Habitable Space, such as Liners to conceal Parking Structures, with a combination of architectural articulation for all linear street Frontages shall be required; however, in no case shall the Habitable Space Liners be less than forty percent (40%) of all Linear street Frontages. • Third floor level and above: Habitable Space, such as Liners, to conceal a Parking Structure with a combination of architectural articulation for all liner street Frontages shall be permitted; however, In no case will the Habitable Space Liners be less than twenty-five percent (25%) of all linear street Frontages. • A decorative facade, art wall or green wall may substitute for the Liner on a maximum of two (2) street Frontages. 6.3.2 Criteria for Certain Open Air Retail Uses a. Open Air Retail uses are permitted by Right. b. All exhibits, displays and sales of items from a Retail Merchandising Unit shall be subject to the following limitations: .i.37.e0047-1I-) MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 Retail Merchandising Units, excluding any associated signage, as permitted below in b.5., shall be limited to a maximum size of one hundred and sixty (160) square feet in area and shall not exceed a maximum Height of fifteen (15) feet; 2. There shall be no more than twenty (20) Retail Merchandising Units located in the SAP boundaries, and limited to Parcels 1-63, as identified on Sheet Al of the Concept Book, 3. Retail Merchandising Units shall be setback from any adjacent public right-of-way by a minimum of ten (10) feet. 4, Retail Merchandising Unit openings and windows may be closed from time to time to secure the structure. 5. Individual exterior identity signs shall be limited to sixteen (16) square feet in area, with no dimension exceeding eight (8) linear feet in length. There shall be no more than two (2) identity signs per Retail Merchandising Unit, c. Open Air Retail uses shall not count towards gross buildable area and floor lot ratio calculations if the vending carts, kiosks, Retail Merchandising Units or other structure has wheels and is removable within 24 hours in case of emergency. d. Deviations from the standards set forth in Section 6.3.2.b may be approved by SAP Permit upon a finding by the Planning Director that the requested modifications are justified due to one or more of the following special conditions: 1. Established pedestrian flow patterns; 2, Existing landscape features; 3, Governmental action which creates a peculiar configuration on the subject property; 4. Deviations do not interfere with the pedestrian experience within the Pedestrian Passage, 6.5 SIGN STANDARDS 6,5.1.5 GENERAL REQUIREMENTS The following general requirements and limitations shall apply with regard to Signs located within the Miami Design District Retail Street SAP, in addition to provisions appearing elsewhere in this code, with the exception of Signs located more than twenty-five feet (25') from the intersection of any Thoroughfare and the Pedestrian Passage, No Variance from these provisions is permitted unless other -wise provided herein. a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non -Commercial message, so long as said Sign complies with the size, Height, Area and other requirements of this code and the City Code. b. Limitations on false and misleading Signs. It shall be unlawful to post any Sign that is false or misleading. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 c, No Sign adjacent to a T3, T4-R, T5-R or T6-R zone shall be illuminated or Flashing unless such Signs are specifically authorized by the regulations for the Transect in which erected. Whether or not illuminated or Flashing Signs are authorized generally within a zone, no Flashing Sign shall be permitted within one hundred (100) feet of any portion of property in a Residential district located north of NE 42nd Street, as measured along the street Frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such Sign is directly visible from the Residential property involved. c. Revolving or Whirling Signs and pennant or streamer Signs are hereby prohibited unless such Signs are specifically authorized by the regulations for the Zone in which erected. e, Signs of historic significance. Any Sign determined to be of historic significance by the Historic and Environmental Preservation Board, through resolution that makes findings according to the Chapter 23 of the City Code, may be exempted by Warrant from any Sign limitation imposed by this code. The placement of said Sign may be as approved according to the considerations and standards of Warrant approval, as the criteria in Chapter 23. f, Variances for Height on freestanding outdoor Advertising Signs may be granted by the Planning, Zoning and Appeals Board, pursuant to the limitations set forth in this code and upon compliance with the following: An application for a Height Variance for a freestanding outdoor Advertising Sign may only be submitted, and accepted by the City, if the Height Variance is necessary due to a government action which renders the Sign not visible from the roadway(s) which it was intended to be viewed from; said government action will only be considered a justification for the requested Variance if the action occurs after the Sign has been legally erected under the provisions of the zoning ordinance in effect at the time the Sign was built. A legally erected Sign that was legally constructed and not in compliance with the Height provisions of the Zoning Ordinance may not justify the noncompliant Height as hardship for a Variance request; only a subsequent government action, which physically impedes the visibility of a Sign, will be considered a valid justification; 2, Any application for a Height Variance for a freestanding outdoor Advertising Sign must be ac companied by line of sight studies from the roadway(s) which such Sign is intended to be viewed from; and 3. A finding must be made that the Variance be requested Is the minimum Variance necessary to make such Sign visible from the roadway(s) which such Sign is intended to be viewed from. 4, In addition, this section shall not apply to any Sign with nonconforming status. g. All Temporary Signs shall comply with the requirements of Chapter 62 of the City Code. h. All Signs shall comply with the vision clearance standards of this code. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 A Warrant shall be required for establishment of community or Neighborhood bulletin boards, including kiosks in districts where permissible, but no Sign permits shall be required for posting of notices thereon. Size and location standards shall be as set forth in the districts where permissible. Subject to approval by the officer or agent designated by the City Manager, such bulletin boards or kiosks may be erected on public property, Conditions of the Warrant shall include assignment of responsibility for erection or maintenance, and provision for removal if not properly maintained. Freestanding Signs higher than seven (7) feet in height are prohibited in Transect Zones T6-24, T6-36, T6-48, T6-60, and T6-80. Free standing Signs above seven (7) feet in height are allowed By Right in District (D) Zones and may be permitted by Warrant in all other Zones, subject to any applicable Design Guidelines. These regulations do not apply to those signs regulated under Chapter 62, Article 13 of the City Code. k. Painted wall Signs are prohibited in Transect Zones T6-24, T6-36, T6-48, T6-60, and T6-80. Painted wall Signs are allowed By Right in District (D) Zones and may be permitted by Warrant in all other Zones, subject to any applicable Design Guidelines. Painted wall Signs shall be limited to on -premises business identification signage as more specifically regulated in each transect zone per Section 6.5,2. These regulations do not apply to those signs regulated under Chapter 62, Article 13 of the City Code. 6.5,2 TRANSECT SPECIFIC STANDARDS 6.6,2,1 GENERALLY a. Criteria. In the review and approval of Signs, the City shall ensure compliance with all applicable sections of the Florida Building Code and ensure that the Signs comply with the zoning regulations of this code including: 1, The size and Area of the Signs comply with the specifications set forth for the type of Sign and the Zone in which the Sign is to be located; and 2. The Signs comply with location standards on the subject property or Structure as specified herein. 6.5,2,5 T4-O, T5-L, T5.O, T6-L, T6-O, CI -HD, D1, D2 AND D3 Except as otherwise provided, the following Signs are permitted and may be illuminated but shall not be Animated or flashing. a. For a single establishment within a Building: 1, Wall Signs. When a single establishment takes up an entire Building, wall Signs shall be limited to one and one half (1 1/2) square feet of Sign Area for each lineal foot of Building Facade area. • Each establishment is permitted one (1) Identification Sign and up to two (2) Secondary Identification Signs per Shopfront Facade, all of which shall be subject to the aggregate Sign Area. The Sign Area for each Shopfront Facade shall be calculated independently, MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRARTNOVEMBER 2015 • Wall signs shall be limited to registered trade names, logo brand marks, swashed, simple lines, back plates and other decorative touches. Tag lines, bylines, merchandise or service descriptions are not permitted. • The Copy Area of each Identification Sign and Secondary Identification Sign shall be computed by surrounding each Sign with a square or rectangle shape in order to calculate the area. Elements such as logo brand marks, swashes, simple lines, back plates or other decorative touches shall not be included as part of the Copy Area. Letter height shall be determined by measuring the tallest letter of an Identification Sign or Secondary Identification Sign, inclusive of swashes, ascenders, and descenders, Identification Signs and Seoondary Identification Signs shall not exceed eighty percent (80%) of the width of the Shopfront Facade, The combined area of all Identification Signs and Secondary Identification Signs shall not exceed thirty-five percent (35%) of the area of the Shopfront Facade. 2, Window Signs. Attached signs shall not exceed thirty-five (35%) of the glassed area of the window in which placed. Number of such Signs in not limited by these regulations, but the Window Sign areas shall be included as part of aggregate wall Sign Area, as limited above. Only trade names or graphic logos may be used. Store description, advertisements, or tag lines are not permitted. The entire graphic shall be mounted below 48" in height from finished floor and all applied graphics shall be adhered to the interior side of the glass. Painted Signs in the form of artistic murals may be allowed by SAP Permit. 3, Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area; however, such permissible Sign Area may be increased to eighty (80) square feet where maximum projection from the face of the Building is two (2) feet or less; sixty (60) square feet where projection is more than two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. The aggregate Area of such Signs shall be included as part of aggregate wall Sign Area, as limited above. 4. Ground/Freestanding Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area for each establishment or for each one hundred (100) feet of street Frontage. Permitted Sign Area may be cumulative, but no Sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. 5. Tenant Logo Treatment, Identification Signage (fascia wall signs, far example) can be inter -mixed with large expressions and artistic interpretations of the tenant brand logo marks. Tenant logos may be considered as larger scaled artistic expressions of the merchandising and can be used at a large urban Building scale, as Building patterns, or may be incorporated into the Building architecture itself, so as to be considered a part of the Building and Facade expression. Building wraps are not permitted. All Tenant Logo Treatment shall not be calculated as part of aggregate Facade Sign Area. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 Where a tenant logo or any letter, numeral, character, figure or emblem will cover more than fifty percent (50%) of the area of the Building Facade, such architectural or artistic treatment shall require approval by SAP Permit. 6, Building Address Signs. Building addresses will not be calculated as part of aggregate wall Sign Area, as limited above, 7. Wall Mounted Plaque, Not more than one (1) such Sign, not exceeding four (4) square feet in area, may be located adjacent to entry doors. No taglines, slogans, service or product descriptions are permitted in the text. A Wall Mounted Plaque shall be calculated as part of aggregate Facade Sign Area, as limited above. 8. Inlaid Entry Vestibule Floor Signs. Not more than one (1) such Sign not exceeding ten (10) square feet in area, may be recessed into the floor, located solely within tenant lease line at the entry vestibule of the store, and integrated flush into the surrounding flooring system, Such Signs must be fabricated out of durable, non -slip materials. Inlaid Entry Vestibule Floor Signs shall not be calculated as part of aggregate wall Sign Area, as limited above. 9. Interior Signs. Signage, mounted inside the store three (3) feet beyond the Shopfront Facade, viewed from the pedestrian walkway will not be calculated as part of aggregate Facade Sign Area, as limited above. Any Signage mounted inside the store within three (3) feet of the Shop -front Facade shall be considered a Window Sign and governed by the requirements of Sec, 6.6.2.5.a.2. 10. Video and animated architectural Facade treatments may be used as approved by Warrant, 11. Prohibited Sign Types. Following is a list of prohibited sign types: • Suspended blade signs, • Moving, rotating, or flashing signs, except video facade treatments permitted via SAP Permit. Signs with exposed neon, vacuum -formed plastic, and internally illuminated plex-faced box signs Parapet -mounted signs or signs which project above the parapet, • Painted tenant identity signs, except artistic murals permitted via SAP Permit, • Balloon or inflatable signs • Signs which emit sound, odor, or any visible matter, except audio video permitted through the SAP Permit. • Simulated materials, i.e. plastic laminate, paper, cardboard, foam, Sentra. • Freestanding tenant identity signs and portable signs such as A -frame sandwich boards. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 • Signs advertising the availability of employment opportunities. • Signs with tag lines, slogans, phone numbers, or service description, • Signs attached, painted on, or otherwise affixed to trees and landscaping. b, For a single Building with more than one establishment opening up to the outdoors: 1. Wall Signs. The Building in which the establishments are located shall be allowed one (1) wall Sign, limited to a Building Identification Sign, not exceeding fifty (50) square feet in Area, for each face of the Building oriented toward the street, In addition, each individual establishment within a Building that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum Frontage of twenty (20) linear feet to the outdoors, shall be allowed the following Signs: A wall Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of the establishment. Window Signs not to exceed twenty percent (20%) of the glass area of the window or glass door in which placed; such Window Signs may be painted or attached. The number of such Signs is not limited by these regulations, but aggregate Area shall be included as part of aggregate wall Sign Area, as limited above. • A hanging (as in under an Awning or similar Structure) Sign not to exceed three (3) square feet In Area. 2, Window Signs. Attached signs shall not exceed thirty-five (35%) of the glassed area of the window in which placed. The number of such Signs is not limited by these regulations, but the total areas shall be included as part of aggregate wall Sign Area, as limited above. Only trade names or graphic logos may be used. Store descriptions, advertisements, or tag lines are not permitted. The entire graphic shall be mounted below 48" in height from finished floor and all applied graphics shall be adhered to the interior side of the glass. Painted Signs in the form of artistic murals may be allowed by SAP Permit. 3. Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area; however, such permissible Sign Area may be increased to eighty (80) square feet where maximum projection from the face of the Building is two (2) feet or less; sixty (60) square feet where projection is more than two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. The aggregate Area of such Signs shall be included as part of aggregate wall Sign Area, as limited above, 4. Ground or freestanding Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area for each establishment or for each one hundred (100) feet of street Frontage. Permitted Sign Area may be cumulative, but no Sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions, 137000 471 I-} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL. STREET SAP DR4FT NOJLEML ER 2015 c. For outdoor advertising business Signs. Outdoor advertising business Signs shall be permitted as accessory Uses to principal Commercial Uses, and such Signs shall further be limited as follows: 1, Signs shall be wall mounted only on side walls of the existing principal Commercial Structure and shall not be freestanding; Signs shall be limited to one Sign per Structure only; 3. Sign Area shall be limited to no greater than thirty-two (32) square feet; 4, Permissible Sign Area may only be utilized on a Commercial Structure which has the allowable thirty-two (32) square feet of Sign Area unused from the total permissible wall Sign Area for the Structure in question (not counting the twenty (20) square feet of wall Signs allowable per establishment); and 5. Such Signs may either be painted or mounted onto the subject wall. 6.6.3 Limitations on Signs Above a Height of Fifty (50) Feet Above Grade Except as otherwise provided in a specific Transect Zone, the following regulations shall apply to all Signs above a Height of fifty (50) feet above grade: a. Signs shall be limited to the identification of the Building or the name of one (1) major tenant of the Building occupying more than five percent (5%) of the gross leasable Building Floor Area. Not more than two (2) Signs per Building on two (2) separate Building Facades shall be permitted, b. Signs shall consist of individual letters or a graphic logotype, including embellishments such as borders or backgrounds. c. The maximum height of a letter shall be as indicated in the table below, any portion of a Sign over fifty (50) feet but less than two hundred (200) feet above grade 4 FEET any portion of a Sign over two hundred (200) feet but less than three hundred (300) feet above grade 6 FEET any portion of a Sign over three hundred (300) feet but less than four hundred (400) feet above grade 8 FEET any portion of a Sign over four hundred (400) feet above grade 9 FEET d. The maximum height of a logo may exceed the maximum letter height by up to fifty percent (50%) if its width does not exceed its height. When text and a graphic logotype are combined in an integrated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal means of Building identification, the following regulations shall apply. 441-700-047-1,,-14 MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 any portion of a Sign over fifty (50) feet but less than two hundred (200) feet above grade 200 SQ. FT any portion of a Sign over two hundred (200) feet but less than three hundred (300) feet above grade. 300 SQ, FT any portion of a Sign over three hundred (300) feet but less than four hundred (400) feet above grade 400 SQ, FT any portion of a Sign over four hundred (400) feet above grade 500 SQ. FT The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Building wall upon which it is placed, as measured at the height of the Sign. The Sign shall consist of not more than one (1) horizontal line or one (1) vertical of letters or symbols, unless it is determined that two (2) lines of lettering would be more compatible with the Building design. The total length of the two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty percent (80%) of the width of the Building wall, f, Deviations from the maximum size of letter, logotype, length of Sign or number of Signs may be granted by Waiver. g. All Signs higher than fifty (50) feet above grade may be permitted by Warrant and shall be reviewed based on the following guidelines: 1. Signs should respect the Architectural Features of the Facade and be sized and placed subordinate to those features. Overlapping of functional windows, extensions beyond. parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of Sign design problems considered unacceptable. 2, The Sign's color and value (shades of light and dark) should be harmonious with Building materials. 3. In the case of a lighted Sign, a reverse channel letter that silhouettes the Sign against a lighted Building face or the subtle application of illuminated letter returns is desirable. Lighting of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Lighted Signs on unlit Buildings are un-acceptable, The objective is a visual lighting emphasis on the Building with the lighted Sign as subordinate. 4. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami -Dade County art -in -public places ordinance, shall not be construed as Signage subject to these regulations. 6.5.4 Special Area Plan Signage Package The Miami Design District Retail Street SAP Signage Package shall serve to enhance the district's identity, provide safe and clear directional devices for visitors into and through the district, deliver information about the Miami Design District Retail Street SAP area, and preserve the character of the surrounding community as a unique destination for art, culture, design, and fashion in Miami. A SAP Signage Package shall allow I-? 7(a(i(I 7-I d-} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 greater flexibility in sign regulations when the flexibility results in a higher or specialized quality design. Approval of such a package may also authorize the placement of Directional Signs within the Public Right -of -Way or First Layer subject to the following conditions: (i) Directional Signs shall not be located within the First Layer or Public Right -of -Way so as to disrupt pedestrian activity; (ii) Directional Signs shall respect the vision clearance standards set forth in Sec. 3,8,4 of Miami 21; and (iii) the placement of a Directional Sign within the Public Right -of -Way shall require the approval of Public Works Department. Specific sign standards may be exceeded for various sign types with the exception that the total aggregate areas for Building Identification and Directional Signs are not exceeded. A SAP Signage Package submittal may be submitted for either the entirety of the SAP area or for the individual blocks comprising the SAP area, Such submittal, at a minimum, shall include the following: (i) a plan view of each Sign type indicating the typical condition for each Sign type and (ii) the specifications of each sign type. Where an SAP Signage Package is approved for an individual block, all subsequent submittals for future blocks shall incorporate an aesthetic consistent with the aesthetic of the previously approved Signage package. Upon approval of a SAP Signage Package, all signs which conform to the standards set forth therein shall not require an individual SAP Permit, and shall be permitted if in compliance with the Florida Building Code. -l--7rxu)r71 1 _l MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK. -{-3-700t47-1-4 MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL. STREET SAP DRAFT NOVEMBER 2015 ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.2 Permits The permits that may be necessary to develop property within the Miami Design District Retail Street SAP area include the following: Warrant; Waiver; Exception; Variance; SAP Permit; and amendment to the Miami Design District Retail Street SAP. The permits, with the exception of the SAP Permit, are illustrated in Article 7, Diagram 14, In addition, certain approvals may be necessary to confirm that uses are permitted under the Code, these include zoning approval (by right), certificate of use, planning determination, or zoning interpretation Permits issued in error shall convey no rights to any party. The Zoning Administrator shall require corrections to be made unless construction has commenced on that portion of the construction that was permitted in error. 7.1.2,10 Miami Design District Retail Street SAP Permit a SAP Permit. The SAP Permit authorizes the Development of Structures or Uses within the Miami Design District Retail Street SAP area following review of the proposed design or Use by the Planning Director. Design conditions or Uses requiring approval by SAP Permit are described in the various articles of the Miami Design District Retail Street SAP, and are referenced here only for convenience. The specific parameters of each SAP Permit are further described in the articles in which each SAP Permit appears in the Code. 1. Arcades, Galleries, and Cantilevers in T4, T5, and T6 (Article 5, Section 5.4.2.b, 5.5.2,b, and 5.6.2.b). 2. Encroachment of closed stair and open balconies above the 6th floor for T6-12 Lots west of NE lst Avenue a maximum of five (5) feet into the required Setback (Article 5, Section 5.6.1.f). 3. Habitable stories above Arcade and Cantilevered Buildings in T4, T5, and T6 (Article 5, Section 5.4.2.b, 5,5,2.b, and 5.6.2.b). 4, Open, buffered Loading for T6-12 Lots located west of NE 1st Avenue (Article 5, Section 5.6.2.f). 5, Retail Frontage glazing reductions (Article 5, Section 5.4.5.b, 5,5.5.b, 5 6,5,b). 6, Single Establishment within a Building - painted Signs in the form of artistic murals (Article 6, Sec. 6.5.2.5,a.2), 7, Building with more than one establishment — painted Signs in the form of artistic murals (Article 6, Sec, 6.5.2.5.b,2), 8. Architectural or artistic signage treatment where tenant logo or any letter, numeral, character figure or emblem in excess of fifty percent (50%) of the area of the Building Facade (Article 6, Sec. 6.5.2.5,a.5). MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 9. SAP Signage Package approval (Article 6, Section 6.5,4). 10, Decorative Facade treatment or art or green wall (Article 5, Section 5.5.4.i). 11, Building Setback modification from Established Setback (Article 5, Section 5.4.5,d., 5.5.5.e, and 5.6.5.e). 12, Vehicular pavement width for parking lot or Parking Garage entrance (Article 5, Section 5,5.4.e,i,1). b, SAP Permit review and approval process. All Development of Structures or authorization of Uses within the Miami Design District Retail Street SAP area identified as permitted by SAP Permit shall be reviewed and approved as set forth below. 1. Applications for SAP permits shall be made on forms provided by the city and, in addition, shall be accompanied by any information reasonably deemed necessary by the Planning Director to render a decision on the subject application. The Planning Director shall review each submitted application for a SAP Permit for completeness, Unless a Building was specifically approved as part of the Special Area Plan, all Buildings shall be reviewed by the Planning Director, after referral for recommendation to the Coordinated Review Committee (CRC) for conformance to the Plan, prior to the issuance of the Building Permit, consistent with the requirements of Sec. 3.9,1,g of this Code. All applications for Uses within the Miami Design District Retail Street SAP authorized by the SAP Permit shall be reviewed by the Planning Director without need for referral to the CRC. 2. Where there is no referral to the CRC, the Planning Director shall issue a notice of an intended decision within twenty-one (21) calendar days of a determination that the SAP Permit application is complete. Where there is a referral to the CRC, the Planning Director shall issue a notice of an intended decision within fifteen (15) calendar days of the meeting date of the CRC. The applicant shall have seven (7) calendar days from receipt of the notice of the intended decision to request a conference with the Planning Director to discuss revisions or provide additional information regarding the application. Within ten (10) calendar days of the conference, or if no conference is requested within ten (10) days of the notice of the intended decision, the Planning Director shall issue his decision with written findings and determinations regarding the applicable criteria set forth in this section and any other applicable regulations as they relate to the application. The applicant and the Planning Director may mutually agree to an extension of time for the issuance of the final decision. The findings and determinations shall be used to approve, approve with condition, or deny the SAP Permit application, If a decision is not issued by the Planning Director within the above -specified timeframes, the SAP Permit application shall be deemed approved. The Planning Director shall approve, approve with conditions, or deny the SAP Permit application, Approvals shall be granted when the application is consistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and the terms of the accompanying Development Agreement. Conditional approvals shall be granted when the MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NQVEMBER 2015 application requires the imposition of conditions in order to be consistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and the terms of the accompanying Development Agreement. Denials of applications shall be Issued if, in the estimation of the Planning Director, conditions and safeguards have been considered and the application is still found to be inconsistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and the accompanying Development Agreement. The decision of the Planning Director shall include an explanation of the code requirements for an appeal of the decision. The Director shall include a citation of the legal authority supporting the denial of an SAP Permit application, c. SAP Permit Review Criteria. A SAP Permit shall be approved if the application is consistent with the Comprehensive Plan, the Miami Design District Retail Street SAP, and its accompanying Development Agreement. The Planning Director shall further consider the criteria set forth in Table 12 of Article IV where appropriate. d. SAP Permit Appeal to the Planning, Zoning and Appeals Board. The SAP Permit applicant may appeal the determination of the Planning Director within fifteen (15) calendar days of the issuance of a final decision. Appeal of the determination of the Planning Director shall be filed with the Office of Hearing Boards and shall be heard de novo by the Planning, Zoning and Appeals Board. The Board shall determine whether to affirm or reverse the determination of the Planning Director. Should the Board choose to reverse the determination of the Planning Director, where the Planning Director previously denied the SAP Permit, the Board may approve the permit as requested by the applicant or approve with conditions and safeguards necessary to ensure the SAP permits consistency with the Comprehensive Plan, the Miami Design District Special Area Plan, and the terms of the accompanying Development Agreement. The SAP Permit applicant may appeal the ruling of the Planning, Zoning and Appeals Board to the City Commission within fifteen (15) calendar days of the issuance of its ruling. Such appeals shall be filed with the Office of Hearing Boards and shall be considered de novo by the City Commission, The City Commission shall determine whether to affirm or reverse the ruling of the Board. The filing of all appeals shall state the specific reasons for such appeal and shall be made on forms designated by the Office of Hearing Boards together with the payment of any required fee(s). 7.1.2.11 Modifications to the Initial Development Program & Redevelopment Credits 1. Uses, and their respective Intensities or Densities, indicated on page A4--981.8 of the Concept Book are the Principal Uses currently envisioned for development on each specific parcel. However, the Densities and Intensities listed therein may be redistributed to any Lot or parcel within the Miami Design District Retail Street SAP area, subject always to the Density and Intensity limits of the underlying Transect. Notwithstanding the Densities and Intensities listed on page Al 98.1 S of the Concept Book, future development within the Miami Design District Retail Street SAP may exceed such specified Densities and Intensities in aggregate by 10% without need for further administrative review. Any MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL, STREET SAP QRAFT�(OVEMBER 2015 proposed development within the Miami Design District Retail Street SAP which exceeds the Densities and Intensities specified on page. A4,-W1g of the Concept Book by more than 10% in aggregate may be approved by process of Exception, subject at all times to the maximum Densities and Intensities permitted by the underlying Transect designation of a particular Lot or parcel. 2. Where an existing Building identified on Page A2.3 of the Miami Design District Retail Street SAP Concept Book is redeveloped, only the net additional Floor Area shall be counted against the Density and Intensity limits set forth on Page Al .8 of the Miami Design District Retail Street SAP Concept Book. Such redevelopment, however, shall remain subject at all times to the maximum Densities and Intensities permitted by the underlying Transect designation of a particular Lot or parcel. OC MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK. ( 7000473 I-} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 ARTICLE 9. LANDSCAPING REQUIREMENTS 9.5 MINIMUM STANDARDS The following standards shall be considered minimum requirements unless otherwise indicated: 9.5.3 TREES a, Tree Size All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minimum caliper or diameter at breast height (DBH) of two (2) inches at time of planting, except that thirty (30) percent of the tree requirement may be met by native species with a minimum height of ten (10) feet and a minimum caliper of one and one-half (1 1/2) inches at time of planting, b. Street tree size and spacing Street trees shall be of a species typically grown In Miami -Dade County which normally mature to a height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this Article. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths, Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department. Street trees planted along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where present within seven (7) feet of the sidewalk. Power lines Where the height and location of overhead power -lines requires the planting of low growing trees, street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one-half (11/2) inches at time of planting, and shall meet the following requirements: 1. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees or tree/shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of four (4) feet. 2. A maximum average spacing of twenty-five (25) feet on center, 3. Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines. 4, Under high voltage (50kV and above) transmission lines installed independent of under built distribution lines, tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DR FT NOVEMBER 2015 9.5.5 MINIMUM NUMBER OF TREES The minimum number of required trees, in addition to street trees, is referenced in Table A. Within the Miami Design District Retail Street SAP, where the trees provided exceed the minimum caliper or DBH requirements set forth in Sec 9,5.3.a and 9,5.3.b, the total number of required trees may be reduced, so long as, at the time of planting, the total minimum caliper or DBH provided is equal to or greater than the total minimum caliper or DBH for the number trees required in Table A and Sec. 9.5.3.b at the time of planting. TABLE A *Note: Chart to be inserted. *Requirements determined by most restrictive abutting Transect Zone Where a conflict exists, the requirement imposing the higher standard shall apply. a, Urban Center and Urban Core Transect Zones. In Urban Center or Urban Core Transect Zones, if the minimum number of trees required cannot be reasonably planted on the ground level of the subject property, the applicant may plant twenty-five percent (25%) of the required trees on upper levels such as open recreation areas or exposed decks, b. Off -site tree planting, If the minimum number of trees required cannot be reasonably planted within the Miami Design District Retail Street SAP Area, the applicant may enter into an agreement with the city, as approved by the department, to plant the excess number of required trees on public property in the following order of priority: (i) elsewhere within Design District; (ii) within one (1) mile of the Design District; or (iii) within any City park; or (iv) at any location within the City approved by the Planning Department, c. Tree trust fund. If the minimum number of trees required cannot be reasonably planted on the subject property, but as an alternative to the off -site tree planting option provided in subsection 9.5,5.b, the applicant shall contribute into the city's tree trust fund the sum of one thousand dollars ($1000.00) for each two (2) inch caliper tree required in accordance with Table A of Section 9,5.5. A city resident with current proof of residency and homestead status shall contribute five hundred ($500,00) for each two (2) inch caliper tree required in accordance with Table A of Section 9.5.5, d. Grassed areas that are to be used for organized sports such as football and soccer or other similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted toward calculating tree and maximum lawn area requirements. e. Trees shall be planted to provide shade to residential structures of a height of thirty-five (35) feet or less. At least two (2) required lot trees shall be positioned in the energy conservation zone as defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs as referenced in the Landscape Manual. f$-74)0(471+} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NQVEMBER 2015 f. Palms of a fourteen (14) foot minimum overall height and minimum caliper of three (3) inches at time of planting shall count as a required tree on the basis of two (2) palms -per tree, except as provided herein for palms used as of street trees. No more than thirty (30) percent of the minimum tree requirements shall be palms. g. Existing trees required by law to be preserved on site and that meet the requirements of Section 9.5.3, may be counted toward fulfilling the minimum tree requirements. h, Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree requirements, Prohibited trees shall be removed from the site after obtaining approval of a tree removal permit. i, No less than thirty (30) percent of the required trees and/or palms shall be native species, No less than fifty (50) percent of the required trees shall be low maintenance and drought tolerant species. k, Eighty (80) percent of the trees shall be listed in the Miami -Dade Landscape Manual, the Miami -Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list. 1, In order to prevent adverse environmental impacts to existing native plant communities, cabbage palms (Sabel palmetto) that are harvested from the wild shall not be used to satisfy minimum landscaping requirements, Only existing cabbage palms (Saba) palmetto) which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements, rn, When trees are planted within the right-of-way, the owners of land adjacent to the areas where street trees are planted must maintain those areas including the trees, plants and sod, using pruning methods specified in this Code. A covenant executed by those owners is required, or a special taxing district must be created to maintain these areas. Where the State, County or municipality determines that the planting of trees and other landscape material is not appropriate in the public right-of-way, they may require that said trees and landscape material be placed on private property. n. Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP DRAFT NOVEMBER 2015 THIS PAGE LEFT INTENTIONALLY BLANK. 1-:}704(47-1 I...} MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL. STREET SAP DRAFT NOVEMBER 2015 SAP 2.4 CONCEPT BOOK {:27(OO474 {-} Document comparison by Workshare Compare on Tuesday, December 15, 2015 11:03:24 AM Input: Document 1 ID Description Document 2 ID Description interwovenSite://PDC-DMS/Active/32424570/1 #32424570v1 <Actve> - SAP Amendment - ICA Removal - Regulating Plan- June 2015 i nterwovenSite://PDC-DMS/Active/32424570/5 #32424570v5<Active> - SAP Amendment - ICA Removal - Regulating Plan- Oct 2015 Rendering set Standard Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Count Insertions 25 Deletions Moved from 22 0 Moved to 0 Style change Format changed 0 0 Total changes (37000471 1) 47