HomeMy WebLinkAboutSupporting DocsAkerman
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
The foregoing was acknowledged before me this l•-•,‘ day of DeCe,,M\Cier
20 I , by g-
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is persoaallytin1(2 or who has produced
as identification and who did (did not) tak o
(Stamp)
RP 4:44 BUSLAINEY M. SAINZ
t...4 MY COMMISSION # FF919693
Wir
w EXPIRES: Dearnbor 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 .?-€44 °t 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 -�, (- 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)
AU$LA1NEY M. SAINZ
'' '* MY COMMISSION # FF 919693
% /� le BondedEXPIRES;
h,u Notary Public Undmw t re
Rev, (17-2(113
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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, BAINZ
MY C0MMI5SI0N r FF 919es9
XPIRES; Dooember 21, 2019
Bond,d Thru Mluy Pubic Un3nmilara
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
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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
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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
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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
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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 k.7 .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, llc
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 Des:gn 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?
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 of 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 acicwledgcd before Ore by s \e Y.1... .e.1.‘�,K
nv
Identification and/or rs personally known to the and who
who has produced
as
'�N •., BLISLAINEYM,SAINZ
ri, ; MY COMMISSION # FF 919693
•.,� ?a EXPIRES: December 21, 2019
'1 '''• `` Bonded Thru Notary Putilla Undenv itenq
r
STATE Ei, O I FLORIDA
CITY OF MIAMI
MY COMMISSION Note
Print Name
L;nclosu 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
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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 ��}.,
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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
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remove properties
MIAMI 21
APPENDIX F MIAMI DESIGN DISTRICT RETAIL STREET SAP
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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
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
SAP 2.2 DEVELOPMENT AGREEMENT
THIS SECTION PENDING FINAL REVIEW
.1 .1.700047-1.14
DRAFT NOVEMBER 2015
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
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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,
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
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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.
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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
Space (loorAree 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.
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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,
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.
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21
APPENDIX F; MIAMI DESIGN DISTRICT RETAIL STREET SAP
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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 37004)47-1- 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:
l37OO -711-+
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,; y.
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)
•(-; 7OOO47-1,,I-}
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(A147-1 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')
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,
{37000471i 14
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)
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.
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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.
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• 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,
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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.
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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
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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.
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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).
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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
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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 A1,98.1 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
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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.
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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.
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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.
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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
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MIAMI 21 APPENDIX F: MIAMI DESIGN DISTRICT RETAIL. STREET SAP
DRAFT NOVEMBER 2015
SAP 2.4 CONCEPT BOOK
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11:03:24 AM
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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
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