HomeMy WebLinkAboutSubmittal-Iris Escarra-Development AgreementThis Instrument Was Prepared By,
Record and Return To:
Iris V. Escarra, Esq.
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Suite 4400
Miami, Florida 33131
(Reserved)
Submitted into the publi
record fob iterp(s)
on
DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI, FLORIDA AND MIAMI JEWISH
HEALTH SYSTEMS, INC., REGARDING APPROVAL
OF THE MIAMI JEWISH HEALTH SYSTEMS
SPECIAL AREA PLAN AND RELATED
DEVELOPMENT
This is a Development Agreement ("Agreement") made this day of
2017 by and between Miami Jewish Health Systems, Inc., (the "Developer"), and the City of
Miami, Florida, a municipal corporation and a political subdivision of the State of Florida
(the "City") (the Developer and the City are together referred to as the "Parties").
WHEREAS, Developer is a Florida Not For Profit Corporation which receives
Federal, State, and local funding, each with their own restrictions; and
WHEREAS, the Parties enter into this Agreement cognizant of the restrictions
caused by the Federal, State, and local funding sources and agree that any commitments
made under this Agreement must be consistent with the restrictions placed on the funding by
the Federal, State, and local authorities; and
WHEREAS, Developer will continue to comply with all applicable restrictions,
laws, rules and regulations applicable to its operations; and
WHEREAS, the Developer is the fee simple owner of approximately 20.283 acres
+/- of land located in the Little Haiti neighborhood of the City of Miami; and
WHEREAS, the Developer has requested the closure and vacation of the portions of
NE 1 Street and NE 52 Terrace within the boundaries of the campus, adding 0.692 acres for
a total of 20.975 acres; and
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WHEREAS, the properties are generally bound by NE 50`h Terrace on the south, NE
53rd Street on the north, NE 2nd Avenue on the east, and North Miami Avenue on the west,
within the jurisdictional boundaries of the City of Miami (collectively the "Property"); a
map and legal descriptions of which are attached as Exhibit "A"; and
WHEREAS, the Property is currently utilized as a hospital and treatment
facility, serving the local community, with surface parking lots; and
WHEREAS, during recent years the demand for services provided by the Developer
has increased beyond what can be provided with the current configuration of buildings and
parking lots; and
WHEREAS, the Property is currently designated "Major Institutional, Public
Facilities, Transportation, and Utilities" and Low Density Multi -Family Residential on the
City's Future Land Use Map, according to the Miami Comprehensive Neighborhood Plan
("Comprehensive Plan"); and
WHEREAS, the Property is currently zoned CI Civic Institution ("CI") and T4-R
General Urban Transect Zone ("T4-R"), according to the Miami 21 Zoning Code ("Miami
21"); and
WHEREAS, the City and the Developer seek to rezone the Property from CI and
T4-R to Miami Jewish Health Systems Special Area Plan, having CI-T5 and CI-T6-8
Overlays, as described in the Miami Jewish Health Systems Concept Book (the "Concept
Book") attached hereto and incorporated herein as Exhibit "B", in order to facilitate
redevelopment within the Property and to effectuate the Parties' goals and vision for the
community; and
WHEREAS, the Parties' goals and visions for the community include a campus
offering expanded services, additional capacity, and a public benefits program as detailed
herein; and
WHEREAS, the City and the Developer seek to amend the Property's
Comprehensive Plan designation for a portion of the Property from Low Density
Multifamily Residential to Major Institutional, Public Facilities, Transportation, and
Utilities in order to facilitate redevelopment within the Property and to effectuate the Parties'
goals and vision for the community; and
WHEREAS, development of the Property in accordance with the Concept Book is
dependent upon the approval of a street closure through the replatting process, which is
occurring simultaneously with this Agreement; and
WHEREAS, Miami 21 outlines a process that allows parcels of more than nine (9)
abutting acres to be master planned to allow greater integration of public improvements and
infrastructure, and greater flexibility so as to result in higher or specialized quality building
and streetscape design, this master planning process is known as a "Special Area Plan"
("SAP"), pursuant to Section 3.9 of the Miami 21 Code ("Miami 21"), which section is
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deemed as being incorporated by reference herein as if set forth in full; and
WHEREAS, on July 28,2016, the Developer filed an application with the City for
approval of a SAP in order to develop the Property as a Medical Campus consisting of
various uses, including residential, lodging, commercial, civic, educational, civil support,
and office uses, along with other related amenities (the "Project" or "Miami Jewish Health
Systems SAP"); and
WHEREAS, the City and the Developer desire for development of the Miami
Jewish Health Systems SAP to proceed in a manner that is consistent with the
Comprehensive Plan, Miami 21, the Florida Building Code, the City Charter, and the City
Code; and
WHEREAS, as a condition to the approval of the Miami Jewish Health Systems
SAP, the Developer and City must enter into a Development Agreement pursuant to Section
3.9.1(f) of Miami 21; and
WHEREAS, Chapter 163, Florida Statutes (2016), as amended from time to time,
authorizes and provides for local governments to enter into development agreements with
any person or entity having a legal or equitable interest in real property located within its
jurisdiction; and
WHEREAS, assurance to a developer that it may proceed in accordance with
existing laws and policies, subject to the conditions of a development agreement, strengthens
the public planning process, encourages sound capital improvement planning and financing,
assists in assuring there are adequate capital facilities for the development, encourages
private participation in comprehensive planning, and reduces the economic costs of
development; and
WHEREAS, the City Commission pursuant to Ordinance No. 17-
adopted , has authorized the City Manager to execute this
Agreement upon the terms and conditions set forth below, and the Developer has been duly
authorized to execute this Agreement upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the Parties mutually agree and bind themselves as set forth herein:
1. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to both
Parties and thus adequate consideration for this Agreement.
2. Rules of Leeal Construct'. For all purposes of the Agreement, unless otherwise
expressly provided:
(a) A defined term has the meaning assigned to it;
(b) Words in the singular include the plural, and words in plural include the singular;
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(c) A pronoun in one gender includes and applies to other genders as well;
(d) The terms "hereunder", "herein", "hereof', "hereto" and such similar terms shall
refer to the instant Agreement in its entirety and not to individual sections or
articles;
(e)
The Parties hereto agree that this Agreement shall not be more strictly construed
against either the City or the Developer, as all parties are drafters of this
Agreement; and
(f) The recitals are true and correct and are incorporated into and made a part of this
Agreement. The attached exhibits shall be deemed adopted and incorporated into
the Agreement; provided however, that this Agreement shall be deemed to
control in the event of a conflict between the attachments and this Agreement.
3. Definitions. Capitalized terms which are not specifically defined herein shall have
the meaning given in Miami 21.
"Agreement" means this Development Agreement between the City and the
Developer.
"City" means the City of Miami, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
"City Charter" means the municipal Charter of the City of Miami.
"City Code" or "Code" means the City of Miami Code of Ordinances.
"Comprehensive Plan" means the comprehensive plan known as the Miami
Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163,
Florida Statutes (2016), meeting the requirements of Section 163.3177, Florida
Statutes (2016), Section 163.3178, Florida Statutes (2016) and Section
163.3221(2), Florida Statutes (2016), which are in effect as of the Effective Date.
"Concept Book" means the Concept Book prepared by C.C. Hodgson Architects,
dated February 1, 2017, and attached as Exhibit C.
"County" means Miami -Dade County, a political subdivision of the State of
Florida.
"Development" means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the dividing of
land into three (3) or more parcels and such other activities described in Sections
163.3221(4) and 380.04, Florida Statutes (2016).
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"Development permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official
action of local government having the effect of permitting the development of land.
"Effective Date" means the date of recordation of the executed, original version of
this Agreement.
"Existing Zoning" is (a) Miami 21 Code, May 2017, specifically including the
Miami Jewish Health Systems SAP Regulating Plan (the "Regulating Plan"),
attached hereto and incorporated herein as Exhibit "C", and Concept Book, and
related modifications to the Transect designations of properties within the SAP
Area; and (b) the provisions of the City Charter and Code which regulate
development, as amended through the Effective Date.
"Impact Fees" shall mean a fee imposed by any local government or agency based
upon the new development's proportionate share of the average cost of new
development including impact fees imposed by Miami -Dade County, the City of
Miami, and the Miami -Dade County Public Schools System.
"Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land.
"Land Development Regulations" shall be as defined in Chapter 62, Section 62-11
of the City Code of Ordinances and includes the City's Comprehensive Plan
regulations and Miami 21.
"Miami 21" also known as the Miami 21 Code means City Ordinance 13114 as
amended, as amended through the Effective Date, which is the Zoning Ordinance of
the City of Miami.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations, and rules adopted by a local government affecting the
development of land.
"Property Interest" means any interest or rights in real property or appurtenances
of the Property, including but not limited to, fee simple, leasehold, master
covenants, condominium, transferable development rights or air rights, easements,
and licenses, however acquired, including any interests or rights in real property
acquired through ground lease(s) in an arm's length conveyance, foreclosure, deed
in lieu of foreclosure, or any other realization on a security interest in real property.
"Public Facilities" means major capital improvements, including, but not limited
to, transportation, sanitary sewer, solid waste, drainage, potable water, educational,
parks and recreational, streets, parking and health systems and facilities.
"SAP Area" means the lots and properties which comprise the Miami Jewish
Health Systems SAP as depicted on the boundary map and legal descriptions
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attached as Exhibit "A".
"Special Area Plan" or "SAP" refers to the Miami Jewish Health Systems
Special Area Plan, including the Regulating Plan and Concept Book.
"Zone, CI-T5" refers to that portion of the Property zoned CI-T5 as described in the
Concept Book.
"Zone, CI-T6-8" refers to that portion of the Property zoned CI-T6 as described in
the Concept Book.
4. Purpose. The purpose of this Agreement is for the City to authorize the Developer to
redevelop the Property pursuant to the Miami Jewish Health Systems SAP. This
Agreement will establish, as of the Effective Date, the land development regulations
that will govern the development of the Property, thereby providing the Developer
with additional certainty during the development process. This Agreement satisfies
the requirements of Section 3.9.1(0, Miami 21.
5. Intent. The Developer and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Regulating Plan and Concept
Book, this Development Agreement, the Comprehensive Plan, Miami 21, the City
Charter, the City Code, and the Florida Local Government Development Agreement
Act, Sections 163.3220 - 163.3243, Florida Statutes (2016), all of which are
applicable to this Agreement.
6. Legal Description of Land, Names of Legal Owners, Applicability. This
Agreement only applies to the SAP Area, as identified and legally described in
Exhibit "A". The Property's legal and equitable owners are listed along with the
legal descriptions in Exhibit "A".
7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall
have a term of thirty (30) years from the Effective Date and shall be recorded in the
public records of Miami -Dade County and filed with the City Clerk. The term of this
Agreement may be extended by mutual, written consent of the Parties subject to
public hearing(s), pursuant to Section 163.3225, Florida Statutes (2016). The
Developer shall bear the advertising and related noticing costs of such public
hearing(s). This Agreement shall become effective on the Effective Date and shall
constitute a covenant running with the land that shall be binding upon, and inure to
the benefit of the Parties, their successors, assigns, heirs, legal representatives, and
personal representatives.
8. Zoning Permitted Development Uses, Building Densities and Intensities.
(a) Miami Jewish Health Systems SAP Designation. The City has designated the
Property as "Miami Jewish Health Systems SAP" on the official Zoning Atlas
of the City, pursuant to the applicable procedures in Miami 21. The Regulating
Plan and Concept Book provide for any deviations from the underlying
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regulations of Miami 21. In approving the Miami Jewish Health Systems SAP,
the City has determined that the uses, intensities and densities of development
permitted there under are consistent with the Comprehensive Plan and the
proposed CI-T5-O / CI-T6-8-O Zoning. Deviations to the regulations in the
City Code are articulated further in this Agreement, signage shall be approved
in accordance with these regulations, Article 10 of Miami 21.
City Clerk Miami
(b) Density, Intensity, Uses and Building Heights.
i. As of the Effective Date and pursuant to the Miami Jewish Health
Systems SAP, the density and intensity proposed for the SAP are
permitted by the Existing Zoning and are consistent with the
Comprehensive Plan.
ii. As of the Effective Date and pursuant to the Miami Jewish Health
Systems SAP, the Uses proposed for the SAP are permitted by the
Existing Zoning and are consistent with the Comprehensive Plan.
iii. As of the Effective Date and pursuant to the Miami Jewish Health
Systems SAP, the Heights proposed for the SAP are permitted by
the Existing Zoning and are consistent with Miami 21 and the
densities are consistent with the presently adopted Miami
Comprehensive Neighborhood Plan (the "Comprehensive Plan "). .
iv. Nothing herein shall prohibit the Developer from requesting a
change of zoning, pursuant to Article 7 of Miami 21, to increase
the density or intensity of development permitted by the Existing
Zoning.
9. Prohibition on Downzoning.
(a) The Comprehensive Plan, this Agreement, and the Miami Jewish Health
Systems SAP shall govern development of the SAP Area for the duration of the
Agreement. The City's Laws and policies adopted after the Effective Date may
be applied to the SAP Area only if the determinations required by Section
163.3233(2), Florida Statutes (2016) have been made after thirty (30) days
written notice to the Developer and after a public hearing or as otherwise
provided herein.
(b) Pursuant to Section 163.3245(3), Florida Statutes (2016), this prohibition on
downzoning supplements, rather than supplants, any rights that may vest to the
Developer under Florida or Federal law. As a result, the Developer reserves the
right to challenge any subsequently adopted changes to land development
regulations based which are in derogation of this Agreement on (a) common
law principles including, but not limited to, equitable estoppel and vested
rights, or (b) statutory rights which may accrue by virtue of Chapter 70, Florida
Statutes (2016). The City reserves all of its defenses, immunities and any
claims it may have in response to the right to challenge changes in the land
development regulations.
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10. Future Development Review. Future development within the SAP Area shall
proceed pursuant to the process established in the Regulating Plan and Concept
Book. The criteria to be used in determining whether future development shall be
approved are consistency with the Comprehensive Plan, Miami 21, this Agreement,
and consistency with the Miami Jewish Health Systems SAP, as applicable.
11. Environmental. The City finds that the Project will confer a significant net
improvement upon the publicly accessible tree canopy in the area by providing trees
along the borders of the Property as well as the Civic Spaces as depicted in the
Concept Book. The City and the Developer agree that the Developer will comply
with the intent and requirements of Chapters 17 and 62 of the City Code, and Article
9 of Miami 21, by performing tree replacement as follows.
(a) Off -site replacement trees. Notwithstanding the requirements of Section
17-6(e) of the City Code, where tree replacement within the SAP Area is not
possible, the Developer may enter into an agreement with the City to perform
tree replacement on public property in the following order of priority: (i) within
the SAP Area's Open Space and Civic Spaces; (ii) within a one (1) mile radius
of the SAP Area; or (iii) within any City park subject to approval by the City.
The City further agrees to facilitate the permitting and planting of replacement
trees on all publicly owned property within the SAP Area, within a one (1) mile
radius of the SAP Area and within City parks. The Developer does hereby
agree to water, trim, root, prune, brace, nourish, or undertake any other
necessary maintenance of the trees it plants, as may be required by the Public
Works Department and/or Planning Department, for the term of this agreement
(thirty years). The Developer further agrees to warrant each off -site
replacement tree for the term of this agreement (thirty years) after the date of
installation. The Developer shall be responsible for the adequate maintenance
and care of these trees for the term of this Agreement and shall obtain any
applicable permits. The Developer shall post a Maintenance Bond in a sum to
be determined by the City of Miami naming the City of Miami as the
beneficiary roughly proportionate to the present value of the Tree Plantings.
Such Maintenance Bond shall be in a form acceptable to the Public Works
Director, and approved as to legal form with the City Attorney and be kept on
file, and renewed, with the Public Works Director throughout the term of the
Agreement.
(b)
SAP Area tree installation, maintenance and guarantee. For all trees placed
within the SAP Area, the Developer shall install any needed irrigation and
corresponding water meters to support the growth and viability of trees located
within the right-of-way. The Developer shall agree to water, trim, root, prune,
brace, or undertake any other necessary maintenance as may be required for
trees located within the SAP Area. The Developer further agrees to warrant
each SAP Area tree for the term of this agreement (thirty years) after
installation.
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(c) Tree installation. The Developer shall install trees opportunistically within the
public right-of-way, subject to approval by the Public Works and/or Planning
Departments.
12. Public Benefits.
(a) Open Space and Civic Space. As consideration for certain modifications to
standards set forth in the City's land development regulations, the Developer
hereby agrees to provide Open Space and Civic Space (collectively, "Public
Open Spaces") within the SAP Area, as follows:
i. The Developer agrees to create Public Open Spaces, configured to comply
with Article 4 Table 7 of Miami 21, along the exterior boundaries of the
SAP Area, as depicted in the Concept Book and Regulating Plan attached as
Exhibit `B" and "C", approximately a minimum of sixty-three thousand,
two hundred seventy-seven (63,277) square feet, or 1.45 acres. The Public
Open Spaces shall be developed in phases, pursuant to Sheet A.4.1 of the
Concept Book.
ii. The Developer shall not be required to dedicate or reserve any land within
the Property.
iii. The Developer will retain ownership of the Public Open Spaces but shall
allow public access to the Public Open Spaces.
iv. The Developer shall retain the exclusive right to design, landscape, and
determine the programming for the Public Open Spaces, subject to approval
by the Planning Director, or his or her designee, which approval shall not be
unreasonably withheld, delayed, or conditioned.
v. From time to time, the Developer may sponsor or similarly partner with
organizations to hold temporary events in the SAP Area, including in and
around the Public Open Spaces pursuant to the terms and requirements of
this Agreement, the Regulating Plan, and the applicable provisions of the
Code, not to exceed twelve (12) events per year, with each event not to
exceed a period of three (3) days, unless approved by the City Manager for
additional days.
vi. Civic Space. The Developer agrees to reserve within the Public Open
Spaces a minimum of five percent (5%) of the total lot area of the Property,
as depicted in the Concept Book and Regulating Plan attached as Exhibits
"B" and "C", approximately a minimum of sixty-three thousand, two
hundred seventy-seven (63,277) square feet, or 1.45 acres, with said Public
Open Space complying with Article 4 Table 7.
(b) Miami Jewish Health Systems SAP Public Benefits Program. The development
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of the Project will utilize the City's Public Benefits Program for bonus Height as
permitted under Miami 21 and Regulating Plan ("Benefit Height") in exchange
for certain public benefit contributions by the Developer. The Developer will
contribute to the City's Public Benefits Program in exchange for Benefit Height.
The Developer's total estimated Public Benefits contribution to the City shall be
in substantial accordance with the Miami Jewish Health Systems SAP Public
Benefits Program, attached hereto as Exhibit "D", the exact amount of the
Developer's Public Benefits contribution shall be calculated prior to the
issuance of each building permit.
(c) 71 NE 51 Street. Miami Jewish Health Systems is the owner of the parcel
located at 71 NE 51 Street, as legally described in Exhibit "E", which abuts the
Property, but is not included within the boundaries of the Property. Miami
Jewish Health Systems shall maintain the parcel located at 71 NE 51 Street as
vacant land, with no permanent structure located thereon.
(d) Local Hiring During Construction. Miami Jewish Health Systems covenants,
affirms, and agrees that during the construction of all improvements made
pursuant to this Agreement at least twenty five percent (25%) of the
construction workers shall be City of Miami residents. Proof of residency
may be established by, among other reasonable means, a worker's driver's
license or other government -issued identification, voter's registration, utility
bills, rental lease or proof of ownership of a residence within the City.
Construction workers in terms of this Section shall mean a tradesperson,
laborer (by tradition considered an unskilled tradesperson), or professional
employed in the physical construction of the built environment and its
infrastructure. Each Contractor shall require the same 25% Local Hiring
objective in all construction contracts and in all subcontracts for electrical,
plumbing, building materials, and unskilled labor services entered by such
Contractor. Miami Jewish Health Systems will be required to affirm
compliance on a bi-monthly (every other month) basis with the workforce
employment requirements in the manner set forth below. During the project,
Miami Jewish Health Systems shall employ a third -party reviewer, certified
public accountant, who shall independently review, verify and certify, on a
bi-monthly basis, their compliance with workforce employment
requirements. The third -party reviewer should be unaffiliated with Miami
Jewish Health Systems and have at least two (2) years of experience in
Contract Compliance, Auditing, Personnel Administration, and Payroll. This
Section is a substantive requirement of this Agreement.
13. Compliance With Fire/Life Safety Laws. The Developer shall at all times in the
development and operation of the Project comply with all applicable laws,
ordinances and regulations including life safety codes to insure the safety of all SAP
Area and City residents and guests. Specifically and without limitation, the
Developer will install and construct all required fire safety equipment and water lines
with flow sufficient to contain all possible fire occurrences.
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14. Local Development Permits. The Project may require additional permits or
approvals from the City and any division thereof. Subject to required legal process
and approvals, the City shall make a good faith effort to take all reasonable steps to
cooperate with and facilitate all such approvals. Such approvals include, without
limitation, the following approvals and permits and any successor or analogous
approvals and permits:
(a) Waiver(s), Warrant(s), Exception(s), Variances, or SAP Permits;
(b) Subdivision plat and/or waiver of plat approvals;
(c) Public Works approvals;
(d) Street Vacations and Closures;
(e) Covenant or Unity of Title acceptance and the release of any existing Unities,
Covenants or Declarations of Restrictions;
(f) Water and Sanitary Sewage Agreement(s);
(g) Paving and Drainage Plans and Permits;
(h) Tree Removal Permits;
(i) Demolition Permits;
(j) Environmental Resource Permits;
(k) Miami -Dade (and if applicable, City) Transit approvals;
(1) Federal Aviation Administration and Miami -Dade Aviation Department
determination(s) and approval(s);
(m) Right of Way Encroachment permits or licenses;
(n) Miami Parking Authority approvals;
(o) Any other official action of the City or other government agency having the
effect of permitting development within the SAP Area;
(p) Building permits;
(q) Certificates of use and/or occupancy;
(r) Temporary Use permits
(s) Stormwater permits; and
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(t) Any other official action of the City, County, or any other government agency
having the effect of permitting /regulating development of the SAP Area.
In the event that the City substantially modifies its land development regulations regarding
site plan approval procedures, authority to approve any site plan for a project in the SAP
Area shall be vested solely in the City Manager, with the prior, written recommendation of
the Planning Director and Zoning Administrator. Any such site plan shall be approved if it
meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan and the
terms of this Agreement.
15. Necessity of Complying with Regulations Relative to Development Permits. The
Developer and the City agree that the failure of this Agreement to address a permit,
condition, fee, term, license, or restriction in effect on the Effective Date shall not
relieve the Developer of the necessity of complying with the regulation governing
said permitting requirements, conditions, fees, terms, licenses, or restrictions.
Pursuant to Section 163.3241, Florida Statutes (2016), if state or federal laws are
enacted after the execution of this development agreement which are applicable to
and preclude the parties' compliance with the terms of this development agreement,
this Agreement shall be modified or revoked as is necessary to comply with the
relevant state or federal laws.
16. Consistency with Comprehensive Plan. The City finds that development of the
SAP Area is in conformity with the Existing Zoning and is consistent with the
Comprehensive Plan. As of the Effective Date, MJHS is conducting an extensive
analysis of the Public Facilities available to serve the Project. In the event that the
Existing Zoning or the Comprehensive Plan requires the Developer to provide
additional Public Facilities to accommodate the Project, the Development will
provide such Public Facilities consistent with the timing requirements of Section
163.3180, Florida Statutes (2016). The Developer shall be bound by the City impact
fees and assessments in existence as of the date of obtaining a building permit, per
Chapter 13 of the City Code, as amended.
17. Phased Development. The Developer and the City agree that the Project may be
developed by multiple parties in up to four phases over the life of the Project.
18. Cooperation, Expedited Permitting and Time is of the Essence. The Parties agree
to cooperate with each other to the full extent practicable pursuant to the terms and
conditions of this Agreement. The Parties agree that time is of the essence in all
aspects of their respective and mutual responsibilities pursuant to this Agreement.
The City shall use its best efforts to expedite the permitting and approval process in
an effort to assist the Developer in achieving its development and construction
milestones. The City will accommodate requests from the Developer's general
contractor and subcontractors for review of phased or multiple permitting packages,
such as those for excavation, site work and foundations, building shell, core, and
interiors. In addition, the City will designate an individual within the City Manager's
office who will have a primary (though not exclusive) duty to serve as the City's point
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of contact and liaison with the Developer in order to facilitate expediting the
processing and issuance of all permit and license applications and approvals across
all of the various departments and offices of the City which have the authority or
right to review and approve all applications for such permits and licenses.
Notwithstanding the foregoing, the City shall not be obligated to issue development
permits to the extent the Developer does not comply with the applicable requirements
of the Existing Zoning, the Comprehensive Plan, this Agreement and applicable
building codes.
19. Art in Public Places
The Developer, as a not for profit corporation, endeavors to provide public art along
the exterior of the Property, particularly within the civic spaces and on structures
within the Project that are observable from the public right of way. However, as a not
for profit corporation, the Developer and City agree that the Developer shall not be
bound by any Art in Public Places requirements the City currently imposes, or may
impose in the future, as codified in, but not limited to, Chapter 62 of the City Code
and Article 11 Miami 21.
20. Reservation of Development Rights.
(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the Property in accordance with the proposed CI-T5 / CI-T6-8
Zoning, the Comprehensive Plan, Regulating Plan, Concept Book, and this
Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of development
permitted on the Property in a manner consistent with (1) the proposed CI-T5 I
CI-T6-8 Zoning and/or the Comprehensive Plan, (2) any zoning change
subsequently requested or initiated by the Developer in accordance with applicable
provisions of law or (3) any zoning change subsequently enacted by the City.
(c) The expiration or termination of this Agreement shall not be considered a waiver
of, or limitation upon, the rights, including, but not limited to, any claims of
vested rights or equitable estoppel, obtained or held by the Developer or its
successors or, assigns to continued development of the Property in conformity
with proposed CI-T5 0 CI-T6-8 Zoning and all prior and subsequent approved
development permits or development orders granted by the City. The City
reserves its immunities, defenses and any claims it has as to vested rights or
equitable estoppel.
21. Miami Trolley. The Developer acknowledges that the City is currently planning to
extend its trolley system further into Little Haiti and that this expansion may traverse
or abut the SAP Area. The Developer agrees to cooperate with the City so that any
portion of the trolley route which runs through or is adjacent to the SAP Area can be
accommodated within the dedicated public rights -of -way. The City agrees to
evaluate whether at least one (1) trolley stop can be incorporated into the Project.
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22. Annual Review.
(a) The Developer shall provide the City on an annual basis a status of the
Project in order for the City to conduct an annual review of the Development. This
requirement shall commence twelve (12) months after the Effective Date and shall
continue throughout the term.
(b) During its annual review, the City may ask for additional information not
provided by the Developer. Any additional information required of the Developer
during an annual review shall be limited to that necessary to determine the extent to
which the Developer is proceeding in good faith to comply with the terms of this
Agreement.
(c) Subject to the applicable terms and provisions of this Agreement, if the City finds
on the basis of competent substantial evidence that the Developer intentionally,
willfully or negligently failed to substantially comply with the terms, obligations,
or conditions of this Agreement, the City may terminate or amend this Agreement
after providing thirty (30) days written notice to the Developer unless cured by the
Developer prior to the expiration of such thirty(30) day period; provided, however,
that if such failure cannot reasonably be cured within thirty (30) days, the
Developer shall not be in default if it measurably commences to cure such breach
within such thirty (30) day period and diligently pursues the cure to completion.
Any termination or modification of this Agreement shall not become effective
until the City Commission approves same after holding two (2) duly noticed public
hearings.
23. Notice. All notices, demands and requests which may or are required to be given
hereunder shall, except as otherwise expressly provided, be in writing and delivered
by personal service or sent by United States Registered or Certified Mail, return
receipt requested, postage prepaid, or by overnight express delivery, such as Federal
Express, to the Parties at the addresses listed below. Any notice given pursuant to
this Agreement shall be deemed given when received. Any actions required to be
taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall
be deemed to be performed timely when taken on the succeeding day thereafter
which shall not be a Saturday, Sunday or legal holiday.
To the City:
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
With copies to:
City Attorney
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Development Agreement
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
Department of Planning
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
Department of Transportation
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, FL 33130
To the Developer:
Miami Jewish Health Systems
c/o Chief Executive Officer
5200 NE 2nd Avenue
Miami, FL 33137
With copies to:
Greenberg Traurig, P.A.
Attn: Iris V. Escarra, Esq.
333 SE 2nd Avenue, Suite 4400
Miami, FL 33131
Miami Jewish Health Systems
c/o Chief Financial Officer
5200 NE 2nd Avenue
Miami, FL 33137
Miami Jewish Health Systems
c/o General Counsel
5200 NE 2nd Avenue
Miami, FL 33137
Any Party to this Agreement may change its notification address(es) by providing written
notification to the remaining parties pursuant to the terms and conditions of this section.
24. Joinder.
a) If the Developer, its successor or assigns, acquires fee simple title to a property
not included in this Agreement subsequent to the Effective Date, the Developer
may incorporate such property into this Agreement, subjecting it to the rights
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and obligations established hereunder, provided that the Developer executes the
Joinder Form and Acknowledgement of Joinder attached as Exhibit "F". Once
executed, the Developer shall record the executed Joinder Form in the public
records of Miami -Dade County and file same with the City Clerk.
b) The Parties agree that any property which is incorporated into the Agreement
through this Joinder provision shall be subject to the Existing Zoning, the
Comprehensive Plan and the terms of this Agreement.
c) Nothing herein shall prohibit the Developer from objecting to any policy which
would not afford a subsequently incorporated property within the SAP Area as
defined herein which is included in this Agreement by an Amendment with the
protections of the Existing Zoning, the Comprehensive Plan and the terms of
this Agreement, as applicable.
25. Enforcement. The City, its successor or assigns, and the Developer shall have the
right to enforce the provisions of this Agreement. Enforcement shall be by action at
law or in equity against any parties or persons violating or attempting to violate any
covenants, either to restrain violation or to recover damages or both. The prevailing
party in the action or suit shall be entitled to recover, in addition to costs and
disbursements allowed by law. Each party shall bear its own respective attorney's
fees.
26. Modification. In accordance with the Concept Book and development plans, the
Project will be developed in up to four (4) phases. This Agreement may be
modified, amended or released as to any phase, or any portion thereof, by a written
instrument executed by the, then, owner(s) of such phase provided that the same is
also approved by the City Commission at two (2) publicly noticed hearings. Any
application related to a particular phase, or any portion thereof, shall only require the
consent, acknowledgment and/or joinder of the then owner(s) of such phase. In the
event that there is a recorded homeowners, master, condominium and/or other
association covering the property, any phase or any portion thereof, said association
may (in lieu of the signature or consent of the individual members or owners), on
behalf of its members and in accordance with its articles of incorporation and
bylaws, consent to any proposed modification, amendment, or release by a written
instrument executed by the association. Any consent made pursuant to a vote of an
association shall be evidenced by a written resolution of the association and a
certification executed by the secretary of the association's board of directors
affirming that the vote complied with the articles of incorporation and the bylaws of
the association. For purposes of this Agreement, references to "condominium
association" or "association" shall mean any condominium or other association or
entity, including master association, as applicable, which governs any portion of the
Property.
27. Signage. The Project will need to comply with all applicable Federal, State, County
and City signage codes, rules, laws, orders, regulations, statutes, or ordinances.
Permitted signage will accomplish the following goals: (i) moving pedestrians and
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vehicle traffic throughout the Property safely and efficiently; (ii) promoting safe and
efficient pedestrian traffic within the property; and (iii) properly identifying the
Property. The Signage Program will include, but is not limited to, the following sign
types: (i) directional signage; (ii) hanging signage; (iii) wall signage; (iv) monument
signage; and (v) projecting signage, some or all of which may incorporate LCD,
LED, or similar electronic technology, only if approved, provided for in the land
development regulations, and legally authorized. The Signage Program shall apply
to signage visible from public rights -of -way. The Signage Program shall not apply to
signage internal to the Project or not otherwise visible from the public right-of-way.
28. Authorization to Withhold Permits and Inspections. In the event the Developer is
obligated to make payments or improvements under the terms of this Agreement or to
take or refrain from taking any other action under this Agreement, and such
obligations are not performed as required, in addition to any other remedies available,
the City is hereby authorized to withhold any further permits, and refuse any
inspections or grant any approvals until such time this Agreement is complied with.
29. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood
and agreed by the parties hereto, that this Agreement shall be governed by the laws of
the State of Florida, and any applicable federal law, both as to interpretation and
performance, and that any action at law, suit in equity or judicial proceedings for the
enforcement of this Agreement or any provision hereof shall be instituted only in the
courts of the State of Florida or federal courts and venue for any such actions shall lie
exclusively in a court of competent jurisdiction in the County. In addition to any
other legal rights, the City and the Developer shall each have the right to specific
performance of this Agreement in court. Each party shall bear its own attorney's fees.
Each party waives any defense, whether asserted by motion or pleading, that the
aforementioned courts are an improper or inconvenient venue. Moreover, the parties
consent to the personal jurisdiction of the aforementioned courts and irrevocably
waive any objections to said jurisdiction. The Parties irrevocably waive any rights to
a jury trial.
30. Severability. Invalidation of any of these covenants, by judgment of court in any
action initiated by a third party, in no way shall affect any of the other provisions of
this Agreement, which shall remain in full force and effect.
31. No Oral Change or Termination. This Agreement and the exhibits and
attachments constitute the entire agreement between the Parties with respect to the
components of the Miami Jewish Health Systems SAP discussed herein. This
Agreement supersedes any prior agreements or understandings between the Parties
with respect to the subject matter hereof. No change, modification, or discharge
hereof in whole or in part shall be effective unless such change, modification, or
discharge is in writing and signed by the Party against whom enforcement of the
change, modification, or discharge is sought and after two (2) public hearings before
the City Commission. This Agreement cannot be changed or terminated orally.
32. Compliance with Applicable Law. Subject to the terms and conditions of this
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Agreement, throughout the term of this Agreement, the Developer shall comply with
all applicable federal, state, and local laws, rules, regulations, codes, ordinances,
resolutions, administrative orders, permits, policies and procedures, and orders that
govern or relate to the respective Party's obligations and performance under this
Agreement, all as they may be amended from time to time.
33. Voluntary Compliance. The Parties agree that in the event all or any part of this
Agreement is struck down by judicial proceedings or preempted by legislative
action, the Parties shall continue to honor the terms and conditions of this
Agreement to the extent allow by law.
34. Representations; Representatives. Each Party represents to the other that this
Agreement has been duly authorized, delivered, and executed by such Party with the
legal authority to do so and therefore this Agreement constitutes the legal, valid, and
binding obligation of such party, enforceable in accordance with its terms.
35. No Exclusive Remedies. No remedy or election given by any provision in this
Agreement shall be deemed exclusive unless expressly so indicated. Wherever
possible, the remedies granted hereunder upon a default of the other Party shall be
cumulative and in addition to all other remedies at law or equity arising from such
event of default (other than any remedy which may be available at law or in equity
which permits the termination of this Agreement), except where otherwise expressly
provided.
36. Events of Default.
(a) The Developer shall be in default under this Agreement if any of the following
events occur and continue beyond the applicable grace period: the Developer fails
to perform or breaches any term(s), covenant(s), or condition(s) of this Agreement,
which breach is not cured within thirty (30) days after receipt of written notice from
the City specifying the nature of such breach; provided, however, that if such
breach cannot reasonably be cured within thirty (30) days, then the Developer shall
not be in default if it commences to cure such breach within said thirty (30) day
period and diligently prosecutes such cure to completion.
(b) The City shall be in default under this Agreement if the City fails to perform or
breaches any term(s), covenant(s), or condition(s) of this Agreement and such
failure is not cured within thirty (30) days after receipt of written notice from the
Developer specifying the nature of such breach; provided, however, that if such
breach cannot reasonably be cured within thirty (30) days, the City shall not be in
default if it commences to cure such breach within said thirty (30) day period and
diligently prosecutes such cure to completion.
(c) It shall not be a default under this Agreement if either party is declared bankrupt by
a court of competent jurisdiction. All rights and obligations in this Agreement shall
survive such bankruptcy of any party. The Parties hereby forfeit any right to
terminate this Agreement upon the bankruptcy of the other party.
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(d) Notwithstanding the foregoing or anything contained in this Agreement to the
contrary, providing the Miami City Commission has approved an Assignment of
this Agreement following a public hearing noticed at the cost of a Developer (i) a
default by any successor(s) or assignee(s) of the Developer of any portion of this
Agreement shall not be deemed to be a breach by (A) the Developer, or (B) any
other successor or assignee of the Developer; and (ii) a default by the Developer
under this Agreement shall not be deemed to be a breach by any successor(s) or
assignee(s) of the Developer of their respective rights, duties, or obligations under
this Agreement. For purposes of clarity, the Project may be developed by multiple
parties in multiple phases over the next several years. Any actual or alleged default
by a developer of a portion(s) or phase(s) of the Project, including, but not limited
to, the Developer, shall not cause, nor be treated, deemed, or construed as a default
by another developer or Party with respect to any other portion(s), phase(s), or
component(s) of the Project.
37. Remedies Upon Default.
(a) Neither party may terminate this Agreement upon the default of the other party, but
shall have all of the remedies enumerated herein. Nevertheless, the parties reserve
their right to request that a court declare this Agreement rescinded or terminated
due to a material breach which has not been cured.
(b) Upon the occurrence of a default by a party to this Agreement not cured within the
applicable grace period, the Developer and the City agree that any party may seek
specific performance of this Agreement, and that seeking specific performance
shall not waive any right of such party to also seek monetary damages, injunctive
relief, or any other relief other than termination of this Agreement. The City hereby
acknowledges that any claim for damages under this Agreement is not limited by
sovereign immunity or similar limitation of liability.
38. Assignment or Transfer. This Agreement shall be binding on the Developer and its
heirs, successors, and assigns, including the successor to or assignee of any Property
Interest. The Developer, at its sole discretion, may assign, in whole or in part, this
Agreement including any of its rights and obligations hereunder, or may extend the
benefits of this Agreement, to any holder of a Property Interest without the prior
written consent or any other approval of the City. The City shall be notified in
writing within thirty (30) days after any assignment or transfer.
39. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over
any contrary term or provision contained herein, in the event of any lawful
termination of this Agreement, the following obligations shall survive such
termination and continue in full force and effect until the expiration of a one (1) year
term following the earlier of the effective date of such termination or the expiration
of the Term: (i) the exclusive venue and choice of law provisions contained herein;
(ii) rights of any party arising during or attributable to the period prior to expiration
or earlier termination of this Agreement; and (iii) any other term or provision herein
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which expressly indicates either that it survives the termination or expiration hereof
or is or may be applicable or effective beyond the expiration or permitted early
termination hereof.
40. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency relationship between the City and the Developer and neither
the Developer nor its employees, agents, contractors, subsidiaries, divisions,
affiliates or guests shall be deemed agents, instrumentalities, employees, or
contractors of the City for any purpose hereunder, and the City, its contractors,
agents, and employees shall not be deemed contractors, agents, or employees of the
Developer or its subsidiaries, divisions or affiliates.
41. Successor(s), Assigns, and Designees. The covenants and obligations set forth in
this Agreement shall extend to the Developer, its successor(s) and/or assigns.
Nothing contained herein shall be deemed to be a dedication, conveyance or grant to
the public in general nor to any persons or entities except as expressly set forth
herein.
42. Third -Party Defense. The City and the Developer shall each, at their own cost and
expense, vigorously defend any claims, suits or demands brought against them by
third parties challenging the Agreement or the Project, or objecting to any aspect
thereof, including, without limitation, (i) a consistency challenge pursuant to Section
163.3215, Florida Statutes (2016), (ii) a petition for writ of certiorari, (iii) an action
for declaratory judgment, or (iv) any claims for loss, damage, liability, or expense
(including reasonable attorneys' fees). The City and the Developer shall promptly
give the other written notice of any such action, including those that are pending or
threatened, and all responses, filings, and pleadings with respect thereto.
43. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its term except by mutual agreement of the Developer
and its successors and assigns, and the City in writing. Prior to amending or
terminating this Agreement, the City Commission shall hold two (2) duly noticed
public hearings
44. No Third -Party Beneficiary. No persons or entities other than the Developer and
the City, permitted successors and assigns, shall have any rights whatsoever under
this Agreement.
45. Recording. This Agreement shall be recorded in the Public Records of Miami -Dade
County, Florida at the Developer's expense and shall inure to the benefit of the City.
A copy of the recorded Development Agreement shall be provided to the City Clerk
and City Attorney within two (2) weeks of recording.
46. No Conflict of Interest. The Developer agrees to comply with Section 2-612 of the
City Code as of the Effective Date, with respect to conflicts of interest and with the
State of Florida Ethics Code, and the Miami -Dade County Conflict of Interest and
Code of Ethics Ordinance.
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47. Counterparts. This Agreement may be executed in two (2) or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall
constitute one and the same agreement.
48. Recordation. A fully executed original of this Agreement shall be recorded in the
public records of the County by the Developer, at the Developer's sole cost and
expense, within Thirty (30) days after execution by all Parties.
49. Estoppel Certificate. Upon request by any Party to this Agreement, the other Party
or its duly authorized representative will deliver to the requesting Party, within thirty
(30) days after such request is made, a certificate in writing certifying (a) that this
Agreement is unmodified and in full force and effect (or if there have been any
modifications, a description of such modifications and confirmation that this
Agreement as modified is in full force and effect); (b) that to the best knowledge,
information and belief of such Party, the requesting Party is not, at that time, in
default under any provision of this Agreement, or, if in default, the nature thereof in
detail; (c) to the best knowledge of such Party, whether such Party has a claim against
any other Party under this Agreement, and, if so, the nature thereof and the dollar
amount of such claim; and (d) such other matters as such requesting Party or its
lender may reasonably request. Each Party further agrees that such certificate shall
be in a form reasonably acceptable to the City Attorney and may be relied upon by (1)
any prospective purchaser of the fee or mortgage or assignee of any mortgage on the
fee of the Property or any portion thereof
NOW, WHEREOF, the City and the Developer have caused this Agreement to be duly
executed.
[Execution Pages for the City and the Developer Follow]
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Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE)
Miami Jewish Health Systems SAP
Development Agreement
Miami Jewish Health Systems, Inc.,
a Florida not for profit corporation
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of 2017, by
, as of Miami Jewish Health Systems, INC, a Florida
not for profit corporation. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of Florida
Commission No.: N/A
My Commission Expires:
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CITY OF MIAMI, FLORIDA
By:
Daniel J. Alfonso, City Manager
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
By:
Victoria Mendez, City Attorney
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Exhibit "A"
Legal Descriptions of Property
24
Exhibit "A"
Legal Description
PARCEL I:
Submitted into the publi
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TRACTS B, C, D, E, AND F, "DOUGLAS GARDENS SOUTH REVISED" ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 146 AT PAGE 63 OF THE PUBLIC
RECORDS OF DADE COUNTY FLORIDA,
TOGETHER WITH
TRACT A, "DOUGLAS GARDENS WEST", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 140 AT PAGE 52 OF THE PUBLIC RECORDS OF DADE
COUNTY FLORIDA AND THAT PORTION OF TRACT B, OF THE SAID PLAT OF
"DOUGLAS GARDENS WEST" LYING NORTHERLY OF THE NORTH LINE OF TRACT
"F" OF THE SAID PLAT OF "DOUGLAS GARDENS SOUTH REVISED";
TOGETHER WITH
TRACTS 'E' AND 'F', "DOUGLAS GARDENS REVISED" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 123 AT PAGE 49 OF THE PUBLIC RECORDS
OF DADE COUNTY FLORIDA AND TRACT 'A' OF THE SAID PLAT OF "DOUGLAS
GARDENS REVISED", LESS THAT PORTION OF TRACT 'B' OF THE SAID PLAT OF
"DOUGLAS GARDENS WEST" THAT LIES NORTHERLY OF THE NORTH LINE OF
TRACT 'F' OF THE SAID PLAT OF "DOUGLAS GARDENS SOUTH REVISED"
TOGETHER WITH
LOTS 11 AND 12 LESS THE EAST 10 FEET THEREOF, BLOCK 6, "CORRECTED PLAT
OF ALTA VISTA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 6 AT PAGE 4 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
AND
LOTS 6 AND 7, BLOCK 2, "ORCHARD VILLA TRACT THIRD SECTION" ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9 AT PAGE 30 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
ALL LYING AND BEING IN MIAMI-DADE COUNTY FLORIDA.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF TRACT 'C', DOUGLAS GARDENS SOUTH REVISED, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 146, PAGE 63 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, ALSO BEING A PORTION OF TRACT 'B',
DOUGLAS GARDENS REVISED, ACCORDING TO THE PLAT THEREOF, RECORDED
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IN PLAT BOOK 123, PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 'B', DOUGLAS GARDENS REVISED, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 123, AT PAGE 49 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, LESS AND EXCEPT THE HEREIN DESCRIBED PARCEL OF
LAND:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 'C', DOUGLAS
GARDENS SOUTH REVISED, THENCE RUN NORTH 00°23'00" WEST, ALONG THE
EAST LINE OF SAID TRACT 'C', FOR A DISTANCE OF 180.57 FEET; THENCE
CONTINUE NORTH 00°23'00" WEST, ALONG THE EAST LINE OF SAID TRACT 'C',
SAID LINE BEING COINCIDENT WITH THE EAST LINE OF SAID TRACT 'B',
DOUGLAS GARDENS REVISED, FOR A DISTANCE OF 234.60 FEET; THENCE RUN
NORTH 89°28'15" WEST, ALONG THE NORTH LINE OF SAID TRACT 'B', FOR A
DISTANCE OF 155.00 FEET; THENCE RUN SOUTH 52°17'07" WEST FOR A DISTANCE
OF 77.49; THENCE RUN SOUTH 00°31'45" WEST, ALONG THE WEST LINE OF SAID
TRACT 'B', FOR A DISTANCE OF 123.26 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 00°31'45"
WEST ALONG SAID WEST LINE, FOR A DISTANCE OF 88.74 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT 'B'; THENCE RUN SOUTH 89°28'15" EAST,
ALONG THE SOUTH LINE OF SAID TRACT 'B', FOR A DISTANCE OF 172.71 FEET;
THENCE RUN NORTH 00°32'19" EAST FOR A DISTANCE OF 19.11 FEET; THENCE RUN
NORTH 89°27'41" WEST, AT RIGHT ANGLES TO THE PREVIOUS COURSE, FOR A
DISTANCE OF 66.40 FEET; THENCE RUN NORTH 00°32'19" EAST, AT RIGHT ANGLES
TO THE PREVIOUS COURSE FOR A DISTANCE OF 32.80 FEET; THENCE RUN NORTH
89°27'41" WEST AT RIGHT ANGLES TO THE PREVIOUS COURSE, FOR A DISTANCE
OF 38.80 FEET; THENCE RUN NORTH 00°32'19" EAST, AT RIGHT ANGLES TO THE
PREVIOUS COURSE, FOR A DISTANCE OF 36.80 FEET; THENCE RUN NORTH
89°27'41" WEST, AT RIGHT ANGLES TO THE PREVIOUS COURSE, FOR A DISTANCE
OF 67.52 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 'B' AND THE POINT
OF BEGINNING.
PARCEL II:
A PORTION OF TRACT'C', DOUGLAS GARDENS SOUTH REVISED, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 146, PAGE 63 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, ALSO BEING A PORTION OF TRACT 'B',
DOUGLAS GARDENS REVISED, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 123, PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 'B', DOUGLAS GARDENS REVISED, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 123, AT PAGE 49 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA;
LESS AND EXCEPT THE HEREIN DESCRIBED PARCEL OF LAND:
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COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 'C', DOUGLAS
GARDENS SOUTH REVISED, THENCE RUN NORTH 00°23'00" WEST, ALONG THE
EAST LINE OF SAID TRACT 'C', FOR A DISTANCE OF 180.57 FEET; THENCE
CONTINUE NORTH 00°23'00" WEST, ALONG THE EAST LINE OF SAID TRACT 'C',
SAID LINE BEING COINCIDENT WITH THE EAST LINE OF SAID TRACT 'B',
DOUGLAS GARDENS REVISED, FOR A DISTANCE OF 234.60 FEET; THENCE RUN
NORTH 89°28'15" WEST, ALONG THE NORTH LINE OF SAID TRACT 'B', FOR A
DISTANCE OF 155.00 FEET; THENCE RUN SOUTH 52°17'07" WEST FOR A DISTANCE
OF 77.49; THENCE RUN SOUTH 00°31'45" WEST, ALONG THE WEST LINE OF SAID
TRACT 'B', FOR A DISTANCE OF 123.26 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 00°31'45"
WEST ALONG SAID WEST LINE, FOR A DISTANCE OF 88.74 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT 'B'; THENCE RUN SOUTH 89°28'15" EAST,
ALONG THE SOUTH LINE OF SAID TRACT 'B', FOR A DISTANCE OF 172.71 FEET;
THENCE RUN NORTH 00°32'19" EAST FOR A DISTANCE OF 19.11 FEET; THENCE RUN
NORTH 89°27'41" WEST, AT RIGHT ANGLES TO THE PREVIOUS COURSE, FOR A
DISTANCE OF 66.40 FEET; THENCE RUN NORTH 00°32'19" EAST, AT RIGHT ANGLES
TO THE PREVIOUS COURSE FOR A DISTANCE OF 32.80 FEET; THENCE RUN NORTH
89°27'41" WEST AT RIGHT ANGLES TO THE PREVIOUS COURSE, FOR A DISTANCE
OF 38.80 FEET; THENCE RUN NORTH 00°32'19" EAST, AT RIGHT ANGLES TO THE
PREVIOUS COURSE, FOR A DISTANCE OF 36.80 FEET; THENCE RUN NORTH
89°27'41" WEST, AT RIGHT ANGLES TO THE PREVIOUS COURSE, FOR A DISTANCE
OF 67.52 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 'B' AND THE POINT
OF BEGINNING.
PARCEL III:
LOTS 5 THRU 16 INCLUSIVE, BLOCK 1, ORCHARD VILLA TRACT THIRD SECTION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 30 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
LESS THE FOLLOWING DESCRIBED PORTIONS:
THE WEST 10 FEET OF LOTS 10 AND 11; THE NORTH 5 FEET OF LOTS 5, 6, 7, 8 AND 9,
AND THE SOUTH 5 FEET OF LOTS 12, 13, 14, 15 AND 16; A PORTION OF LOT 11,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID LOT 11 FOR 5 FEET; THENCE WESTERLY ALONG A
LINE 5 FEET PARALLEL TO THE SOUTH LINE OF SAID LOT 11 FOR 40.18 FEET TO A
POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTHEAST WITH A RADIUS OF 25.00 FEET A DISTANCE OF
39.09 FEET TO A POINT OF TANGENCY; THENCE SOUTH ALONG THE TANGENT OF
SAID CURVE AND THE EAST RIGHT OF WAY LINE OF NORTH MIAMI AVENUE AS
IT NOW EXIST FOR 5.00 FEET TO A POINT OF CURVATURE; THENCE
SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST
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on City Clerk
WITH A RADIUS OF 25.00 FEET A DISTANCE OF 39.09 FEET TO A POINT OF
TANGENCY; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 11 A DISTANCE
OF 40.18 FEET TO THE POINT OF BEGINNING;
AND LESS A PORTION OF LOT 10, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF NORTH MIAMI
AVENUE AND N.E. 53RD STREET (AS THEY NOW EXIST); THENCE S89°57'58"E,
ALONG THE CENTERLINE OF SAID N.E. 53RD STREET, FOR 50.32 FEET; THENCE
SOO°02'02"E, FOR 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
SAID N.E. 53RD STREET AND THE POINT OF BEGINNING; THENCE S89°57'58"E,
ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SAID N.E. 53RD STREET, FOR 49.82
FEET; THENCE SOO°22'21"E, ALONG A PORTION OF THE EAST LINE OF SAID LOT 10,
FOR 5.00 FEET; THENCE N89°57'58"W, FOR 39.82 FEET TO A POINT OF CURVATURE
OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE
OF 90°24'23", FOR AN ARC LENGTH OF 39.45 FEET TO A POINT OF CUSP, SAID POINT
ALSO BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID NORTH MIAMI
AVENUE; THENCE N00°22'21"W, ALONG SAID EAST RIGHT- OF -WAY LINE OF SAID
NORTH MIAMI AVENUE, FOR 25.07 FEET TO A POINT ON THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE
OF 37°16'35", FOR AN ARC LENGTH OF 16.26 FEET TO THE POINT OF BEGINNING;
ALL IN SAID BLOCK 1.
4
MIA 184493790v1
Submitted into the pubbic
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on it I Ill �� "� . City Clerk
Miami Jewish Health Systems SAP
Development Agreement
Exhibit "B"
Miami Jewish Health Systems SAP Regulating Plan
Submitted into the publjc,
record fo,r ite (s) Y'
on 11City Clerk
DRAFT REGULATING PLAN DATED 8116/17
MIAMI 21 ARTICLE 1 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS MIAMI JEWISH HEALTH SPECIAL AREA PLAN
The Miami Jewish Health Systems has served the community for more than 75 years, and cares for more than
12,000 patients. Miami Jewish Health Systems is an internationally renowned, innovative leader in healthcare, serving
patients from ale 5 to 105. Miami Jewish Health Systems provides 24 hour a day services for its patients. The proposal
seeks to enhance the patient experience by providing a Memory Care Village, updated residential and lodging options,
centralized parking, and a world class institute which seeks to further medical advancements.
The goal of Miami Jewish Health Systems is to promote longer, healthier, more enriched lives for patients and
residents of all ages, cultures, and faiths. The goal of the Miami Jewish Health Special Area Plan is to create a cohesive
design for the Miami Jewish Health Systems campus in order to continue to serve the needs of the community, and to
provide additional services in order to adapt to the changing needs of the patients and their families.
The MJHS SAP is divided into two Zones, the CI-T5-O Zone and CI-T6-8-O Zone.
A. The CI-TS-0 Zone. The CI-T5-O Zone, facing North Miami Avenue, incorporates existing facilities with the
addition of the Memory Care Village, an area for patients who require special treatment and
surroundings to best care for their unique needs. The CI-T5-0 Zone proposes civil support facilities not
exceeding five (5) stories in order to stay within the context of the neighborhood.
B. The CI-T6-8-O Zone. The CI-T6-8-O Zone, focuses the taller structures along the more prominent NE 2nd
Avenue and center of the campus in order to minimize any effect on the surrounding neighborhoods. The
CI-T6-8-O Zone will contain the residential and lodging uses, in order to better serve the patients and
their visitors. Additionally, the research center will be located within the CI-T6-8-O Zone. The tallest,
existing facilities to remain are eight (8) stories.
1.A MJHS SAP AREA BOUNDARIES
The Miami Jewish Health Systems Special Area Plan (hereinafter referred to as the "MJHS SAP") is generally
bound by NE 2"d Avenue on the East, NE 53rd Street on the North, North Miami Avenue and North East Miami
Place on the West, and NE 50th Terrace and NE 52nd Street on the South (the "SAP Area"). The boundaries of the
MJHS SAP are more generally depicted in Illustration 1.1 below and consist of those certain parcels specifically
identified on Sheet A.1.4 of the Concept Book.
1
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
Submitted into the pub
record fpr it; (s)
on It 11y 1 11 . City Clerk
ARTICLE 1 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 1, ILLUSTRATION 1.1
Tso
1.B EFFECT OF MJHS SAP
a. The effect of the MJHS SAP regulations shall be to modify to the extent indicated herein:
i. Transect regulations included within the SAP Area boundaries.
ii. Other standards and regulations otherwise generally applicable under Miami 21 to those properties
included within the SAP Area boundaries.
b. All T5, Urban Center Transect Zoning, regulations shall apply within the MJHS SAP Civic Institution Urban
Center Transect ("CI-TS-O"), except as modified herein. If any such regulations conflict, the MJHS SAP
regulations shall apply.
c. All T6, Urban Core Transect Zoning, regulations shall apply within the MJHS SAP Civic Institution Urban Core
Transect ("CI-T6-8-O" ), except as modified herein. If any such regulations conflict, the MJHS SAP
regulations shall apply.
d. Any development standards not modified herein shall be applicable to the SAP Area as provided in Miami 21,
the relevant City Code sections, and the MJHS SAP Development Agreement.
2
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 1 MIAMI JEWISH HEALTH SYSTEMS SAP
Article 1: Definition of Terms and Uses
1.1 DEFINITIONS OF USES
Submitted into the pubic n
record 1fq 1�efn�s)
on I' `I City Clerk
DEFINITIONS OF BUILDING FUNCTION: USES (Article 4 . Table 31
e. CIVIC
This category is intended to encompass land Use functions predominantly of community -oriented purposes or
objectives including those of not -for -profit organizations dedicated to arts and culture, education, recreation,
religion, government, and the like.
Community Facility: A non-commercial facility established primarily for the benefit and service of the
general public of the community in which it is located. Such facilities include, but are not limited to: community
centers; City of Miami NET offices; and cultural facilities, such as libraries and museums.
Recreational Facility: A non-commercial facility, primarily an open space, serving the recreation needs of the
general public. This may include but is not limited to: golf courses, parks, camping facilities, play- fields and
playgrounds.
Religious Facility: A facility used for regular organized religious worship and related activities.
Regional Activity Complex: A large facility encompassing at least one Principal Building with possible Accessory
Structures designed and outfitted as a venue for large assemblies. performance or events intended to serve
as a regional destination. Regional Activity Complexes shall be located in parcels larger than (4) acres; shall
be equipped to provide permanent seating for more than 4,000 patrons and shall provide Off -Street Parking for
more than 1,000 vehicles.
f. CIVIL SUPPORT
This category is intended to encompass land uses predominantly supportive of other urban Uses and
functions.
Community Support Facility: A facility providing basic services, for the benefit and service of the
population of the community in which it is located. Such facilities may include but are not limited to: police
and Fire Stations, Extended Care Facilities, Nursing Homes, convalescent homes, Continuing Care Facility, and
Assisted Living Facility or Adult Daycare Center as defined by Chapter 429, Florida Statutes. See Article 6.
Hospital: A facility providing medical treatment and nursing care for sick or injured patients,
Major Facility: A large facility of an institutional nature including but not limited to ,
secial-sep.4c-e-fac-il4ties,7-Feseareh-fac-ilities; shelters, judicial Buildings, Jails, Detention Facilities, work camps,
cemeteries, mausoleums, , , or the like.
Memory Care: A Residential health facility providing long term health and therapy services with indoor and
outdoor amenities that assist residents.
ei
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
Submitted into the pub is
record f r itei i(s) L. l
on 1t�1i � 1 . City Clerk
ARTICLE 2 MIAMI JEWISH HEALTH SYSTEMS SAP
ARTICLE 2. GENERAL PROVISIONS
2.1 MJHS SAP GOALS AND OBJECTIVES
2.1.2 Intent
The intent of the MJHS SAP is to establish regulations to propose development consistent with the urban context
and trend in the surrounding area, while focusing on the unique needs of patients and visitors of a hospital and
research facility. Additionally, building heights and facade articulation and design on private frontages are
consistent with the goals and objectives in Miami 21, along with the Miami Comprehensive Neighborhood Plan.
(A) Development Initiatives
The MJHS SAP development initiatives include:
• Maintain the existing tises and facilities serving the patients and public
• Provide a framework for the expansion of the Miami Jewish Health Systems campus through
infrastructure improvements
• Provide Civic Space and landscaping along the exterior of the SAP Area to beautify the neighborhood
(B) Regulating Plan
The Miami Jewish Health Systems SAP Regulating Plan (the "Regulating Plan") is intended to provide
contextual and illustrative concepts and examples of permitted, encouraged, and compatible
development types and opportunities in the MJHS SAP Area.
(C) Conflict with Miami 21
Where standards set forth in the MJHS SAP conflict with standards set forth in Miami 21, the standards
in the MJHS SAP shall govern. Where the standards in the MJHS SAP are silent, the underlying Miami 21
requirements shall govern.
4414-1-8.544434-3-4
4
Submitted into the public�
record f r ite i(s) v1 1
on It 1 1 y� 1 City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 3 MIAMI JEWISH HEALTH SYSTEMS SAP
ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.1 In Transect Zones T5, T6, CI, CS, D1, D2, and D? CI-T5-0 and CI-T6-8-0, buildable sites shall enfront a
vehicular Thoroughfare or a Pedestrian Passage, with at least one Principal Frontage.
3.5 MEASUREMENT OF HEIGHT
3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in Height from finished floor to
finished floor. Basements are not considered Stories for the purposes of determining Building Height. Aground
level retail Story may exceed this limit up to a total height of twenty-five (25) feet. A single floor level
exceeding fourteen (14) feet, or twenty-five (25) feet at ground level retail, shall be counted as two (21
Stories. , , Where the first two stories are retail, their total
combined Height shall not exceed thirty-nine (39) feet and the first floor shall be a minimum of fourteen
(14) feet in Height. Mezzanines may not exceed thirty-three percent (33%) of the Habitable Space Floor
Area, except for D1, where mezzanines may not exceed fifty percent (50%) of the Habitable Space FloorArea.
Mezzanines extending beyond thirty-three percent (33%) of the Floor Area, or fifty percent (50%) of the
Floor Area in D1, shall be counted as an additional floor. The Height of a Parking Structure concealed by a
Liner may be equal to the Height of the Liner; this may result in a Liner Story concealing more than one level
of Parking.
3.6 OFF-STREET PARKING AND LOADING STANDARDS
3.6.7 Off-street Parking Reductions by Use
a. Parking reductions for Elderly Housing.
1. Housing for the Elderly, in relation to this regulation, is not to be construed as homes or institutions
for the aged which are primarily convalescent or Nursing Homes.
2. Off-street Parking space requirements in connection with Housing for the Elderly conforming to the
requirements of state or federal programs may be reduced by Waiver SAP Permit to a maximum of
one (1) parking space per every two (2) dwelling units, or as modified in Article 4, Table 4.
a
future.
3.6.8 Off-street Loading Requirements
a. Off-street vehicular loading shall be required for all T5, T6, CS, CI, CI HD and D CI-T5-0 and CI-T6-8-0 zones, as
shown in Article 4, Table 5 of the Regulating Plan and shall require no more than three (3) turning
movements.
3.6.9 Off-street Bicycle Parking Requirements
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on IL � u (I'1 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 3 MIAMI JEWISH HEALTH SYSTEMS SAP
a. Off-street bicycle parking shall be provided for all T4, T5, T6, CS, CI, CI ND, and D CI-T5-0 and CI-T6-8-
0 zones, as shown in Article 4, Table 4 of the Regulating Plan.
3.7 FENCES AND WALLS
3.7.1 General
For all Commercial and Industrial Uses, a six-foot (6) solid masonry wall shall be provided along all property
lines which adjoin T3, T4- R, T5 R-and-6-R CI T5 0 and CI-T6-8-O. The masonry wall shall be decorative and
include a landscape screen facing any rights of way, subject to Planning Director approval.
Visual screening for decorative perimeter walls: in an effort to prevent graffiti or vandalism, the following
methods may be utilized for perimeter walls abutting zoned or dedicated rights of wav:
a. Perimeter Wall with landscaping. The perimeter wall shall be setback a minimum of two and one half
(2.5) feet from the right of way line and the resulting setback area shall contain a continuously landscaped
buffer which is to be maintained in a healthy condition by the property owner. The landscape buffer shall
contain one (1) or more of the following planting materials:
(1) Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after
planting and shall be planted and maintained to form a continuous visual screen within one (1) year
of planting.
(2) Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after
planting and shall be planted and maintained to form a continuous visual screen within one (1) year
of planting.
(3) Vines. Climbing vines shall be a minimum of three (3) feet in height immediately after planting.
And/or:
A continuous, densely planted greenbelt of not less than fifteen (15) feet in width, penetrated only at points
approved by the Directors of the Planning and Zoning and Public Works Departments for ingress and egress
to the property, shall be provided along all property lines abutting properties zoned T3. Said greenbelt shall
have shade trees planted at a maximum spacing of thirty (30) feet on center and a hedge of a minimum of
six (6) feet in height abutting residentially zoned property and a minimum of three (3) feet in height abutting
public rights -of -way. The shade trees shall have a minimum caliper of two and one-half (2 1/2) inches, a
minimum height of 12'-0" at time of planting, with a minimum height of 6'-0" from the ground to the tree
canopy.
3.8 THOROUGHFARES
3.8.3 Public Frontages
a. The Public Frontage in Transect Zones T4, T5, T6 and D1 CI T6 0 and CI-T6-8-0 should include trees
planted in a regularly -spaced Allee of single or alternated species with shade canopies of a height that,
at maturity, clears the first Story. The introduced landscape should consist primarily of durable species
1 tolerant of soil compaction. Frontages utilizing the decorative wall shall comply with the requirements
of Section 3.7.1.
6
I1
Submitted into the pubic a
record f`_ r ite;(s)
on It I �� 1� City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 3 MIAMI JEWISH HEALTH SYSTEMS SAP
3.14 Public Benefits
The intent of the Public Benefits Program established in this section is to allow bonus Building Height and FLR
in T6 Zones and bona Building Heigh• in D Zones in the SAP Area in exchange for the developer's con-
tribution to specified programs that provide benefits to the public.
3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public
benefits, above that which is otherwise required by this Code, in the amount and in the manner as set forth
herein.
The bonus shall not be available to properties in a T6-8 if the property abuts a T3 Zone or in a T6-8 Zone if the
property abuts a CS Zone.
1. cf CI
T6-8: eight Story maximum, bonus to twelve (12) Stories, FLR 5; bonus of 25%
o
percent (+omr
(489)
(50%4-
(-50944-
Transect Zone Heights are fully described in Article 5.
In addition, certain other bonuses may be provided as follows:
T3 zones.
12. In CI-T6-8-0 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum Buildings as
described in Section 3.14.4.
13. An additional Story in any zone for development of a Brownfield as described in Section 3.14.4.
14. In CI-T6-8-O zones additional Height and FLR for development that donates a Civic Space Type or Civil
Support Use area to the City of Miami as described in Section 3.14.4.
3.14.2 Upon providing a binding commitment for the specified public benefits as provided in Section 3.14.3 below,
the proposed development proiect shall be allowed to build within the restrictions of the specific Transect
Zone, up to the bonus Height and FLR as established in this Section. The only square footage allowed above
the maximum Height is that achieved through the bonus program.
7
MIA 185141313v9
Submitted into the publAc
record foy iten (s L.
on IL 1 I11(17 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 3 MIAMI JEWISH HEALTH SYSTEMS SAP
3.14.3 The proposed bonus Height and FLR shall be permitted in exchange for contribution to the City for the
following public benefits: affordable/workforce housing, Public Parks and Open Space, Green Buildings,
Brownfields, and Civic Space or Civil Support space. The City shall establish a Miami 21 Public Benefits Trust
Fund for the cash contributions for Affordable/ Workforce Housing, Public Parks and Open Space, and Green
Building certification shortfall penalty made under this section. The City Commission, upon the manager's
recommendation, shall annually decide the allocation of funds from the Trust Fund collected under this
section. All cash contributions thus allocated by the Commission to support affordable/ workforce housing
shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted
by the City Commission. All cash contributions thus allocated by the Commission to support Parks and Open
Space shall be deposited in the Parks and Open Space Trust Fund, set forth in Chapter 62 of the City Code, to
be expended in accordance with the guidelines outlined therein.
a. Definitions
1. Affordable/ Workforce Housing shall mean: housing available to families which meet the qualifications
as established by the City Community Development Department.
2. Public Parks and Open Space shall mean: Open Space meeting the standards of Article 4, Table 7 of this
Code.
3. Green Building shall mean a Building certified by the United States Green Building Council (USGBC) as
Silver, Gold or Platinum rated.
4. Brownfield shall mean: a site within the City that is subject to a Brownfield Site Rehabilitation
Agreement (BSRA) executed between the property owner and the City Department of Economic
Development.
3.14.4 For the purposes of the public benefits program, the following criteria shall apply:
a. Affordable/ Workforce Housing. The development project in a T6 zone may provide any of the following
or combination thereof:
1. Affordable/workforce housing on site of the development. For each square foot of afford-
able/workforce housing (including pertaining shared space such as parking and circulation) provided
on site, the development shall be allowed two square feet of additional area up to the bonus Height
and FLR as described in Section 3.14.1.
2. Affordable/Workforce housing off -site. For each square foot of affordable /workforce housing
(including pertaining shared space such as parking and circulation) provided off site, in a location
within the City approved by the City Manager, the development shall be allowed an equivalent
square footage of additional area up to the bonus Height and FLR as described in Section 3.14.1. No
additional allowance is given for the purchase of the site.
3. Trust Fund contributions. For a cash contribution to the Miami 21 Public Benefit Trust Fund, the
development shall be allowed additional Floor Area up to the bonus Height and FLR described in
Section 3.14.1. The cash contribution shall be determined based on a percentage of the market value
of the per square foot price being charged for units at projects within the market area where the
proposed project seeking the bonus is located. The calculation assumes a land value per saleable or
rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of
market area's weighted average sales price per square foot. The cash contributions shall be adjusted
on an annual basis to reflect market conditions effective October 1st of every year.
b. Public Parks, Open Space, or Park Improvements. The development project in a T6 zone may provide
any of the following or combination thereof:
8
MIA 185141313v0
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 3 MIAMI JEWISH HEALTH SYSTEMS SAP
Submitted into the publi
record for ite s) �1,,
on It 1 1 t{11 . City Clerk
1. Public Park, or Open Space, provided through purchase and in an area of need identified by the City
Parks and Open Space Master Plan and the City's Parks Department. In addition park improvements
provided through donation for Public Parks with amenity levels that are Moderate or that Need
Improvement as defined by the Parks Department Facilities' Assesment Report.
i. For each square foot of dedicated public Park or Open Space provided, the development shall be
allowed two times the development Floor Area of provided land up to the bonus Height and FLR
as described in Section 3.14.1. The Open Space may be a Park, Green or Square, as more fully
described in Article 4, Table 7 of this Code.
ii. Park improvements shall be valuated and for said value the development project shall be allowed
additional Floor Area up to the bonus Height and FLR described in Section 3.14.1 and shall for all
applicable purposes be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3).
iii. Park improvements for Public Parks in areas below 50% median income threshold shall be allowed
two times the valuation credit.
iv Donations must meet all City requirements for design, equipment specifications, construction,
warranties, etc. Park improvements are subject to review and approval by the City Manager or
designee in accordance with Miami 21.
2. Public Open Space provided on -site in a location and of a design to be approved by the Planning
Director. For each square foot of dedicated public Park or Open Space provided, the development
shall be allowed an equivalent amount of development Floor Area up to the bonus Height and FLR
as described in Section 3.14.1. The project shall maintain the Frontage requirements of the Transect
Zone. The Open Space may be a Courtyard, Plaza. or Thoroughfare or Pedestrian Passage through
the site connecting two (2) Thoroughfares, such as a segment of the Baywalk or FEC Greenway. See
Article 4, Table 7.
3. Trust Fund contribution. For a cash contribution to the Miami 21 Public Benefits Trust Fund, the
development project shall be allowed additional Floor Area up to the bonus Height and FLR
described in Section 3.14.1. The cash contribution shall be determined based on a percentage of the
market value of the per square foot price being charged for units at projects within the market area
where the proposed project seeking the bonus is located. The calculation assumes a land value per
saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen)
percent of market area's weighted average sales price per square foot. The cash contributions shall
be adjusted on an annual basis to reflect market conditions effective October lst of every year.
c. Historic Preservation. Bonus Floor Area to the maximum bonus Height and FLR as described in Section
3.14.1 shall be allowed for additional square footage qualified under the city Transfer of Development
Rights program established in Chapter 23, City Code.
d. Green Building. In a T6 zone, additional Height and FLR shall be allowed for Buildings certified by the U.S.
Green Building Council as follows:
1. Silver: For Buildings under 50,000 sf, 2.0% of the floor lot ratio (FLR)
2. Gold: 4.0% of the Floor Lot Ratio (FLR)
3. Platinum: 13.0% of the Floor Lot Ratio (FIR)
Note: Standards equivalent to the USGBC, as adopted by the City, may alternatively apply.
If at the time the first Certificate of Occupancy is issued for the Building that received a public benefits
bonus for a Green Building, the anticipated LEED certification has not been achieved, then the owner
9
City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 3 MIAMI JEWISH HEALTH SYSTEMS SAP
Submitted into the publj
record fqr ite (s) 1
on IZ�14/`1
shall post a performance bond in a form acceptable to the City of Miami. The performance bond shall be
determined based on the value of land per square foot of Building in the area of the City in which the
proposed project is located, which may be adjusted from time to time based on market conditions. The
methodology for determining the value of land per square foot of Building shall be maintained in the
Planning Department. The City will draw down on the bond funds if LEED certification has not been
achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for
the Building. Funds that become available to the City from the forfeiture of the performance bond shall
be placed in the Miami 21 Public Benefits Trust Fund established by this Code.
e. Brownfields. One additional Story of Height shall be permitted for redevelopment on a Brownfield Site as
defined herein.
f. Civic space and Civil Support space. For a development project in a T6 zone that donates a Civic space or
Civil Support space on site to the City of Miami, an additional two square feet of area for each square
foot of donated space, up to the bonus Height and FLR, shall be allowed.
3.14.5 No Building permit shall be issued for bonus Height and FLR until the Zoning Administrator has certified
compliance with the provisions of this section, upon referral and assurance of compliance from
applicable departments. Certification shall be made only after a certified check has been deposited and
cleared to the Miami 21 Public Benefits Trust Fund or, for non cash contributions, a binding commitment
has been approved by the City Manager. The cash contribution shall be nonrefundable.
10
MIA 185141313v9
Submitted into the publ'c
record for items)
on \ ?_ I l "1 11 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
ARTICLE 4. STANDARDS & TABLES
ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTION
11
Submitted into the public
record fof ite (s) V Z. q
on 11,1 I LI (I `-] . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 3 BUILDING FUNCTION: USES
TRAIT ZONE
DENSITY 'UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTIFAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
WORK - LIVE
LODGING
BED & BREAKFAST
INN
HOTEL
1
t
i
i
1 I
OFFICE
OFFICE
COMMERCIAL
AUTO-REALTED COMMERCIAL ESTAB.
ENTERTAINMENT ESTABLISHMENT
ENTERTAINMENT ESTAB.-ADULT
FOOD SERVICE ESTABLISHMENT
ALCOHOL BEVERAGE SERVICE ESTAB.
GENERAL COMMERCIAL
MARINE RELATED COMMERCIAL ESTAB.
OPEN AIR RETAIL
PLACE OF ASSEMBLY
RECREATIONAL ESTABLISHMENT
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
REGIONAL ACTIVITY COMPLEX
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
MEMORY CARE
HOSPITAL
INFRASTRUCTURE AND UTILITIES
MAJOR FACILITY
MARINA
PUBLIC PARKING
RESCUE MISSION
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
COLLEGE / UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING / VOCATIONAL
CI-T5-0
CI-T6-8-0
65
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
W
W
R
R
R
R
E
E
R
R
W
W
W
W
R
R
R
R
WR
WR
R
R
R
R
R
R
R
R
R
R
W
W E
WE
WE
E
E
W€
W€
W€
W€
WE
W€
W
W
WR
WR
W
W
R
R
W
W
R
R
R
R
ER
ER
12
Submitted into the publi
record fqr iteip(s) ' Z, q
on It I 14 City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T5-O)
Due to the unique Uses of the SAP Area, the parking requirements of Miami 21 do not accurately reflect the
level of parking required. The typical resident within the SAP Area does not possess a vehicle or have a need
for parking, instead relying on public transit or the Miami Jewish Health Systems Shuttle. Likewise, the
majority of the MJHS staff utilizes public transit in order to get to and from the SAP Area. The below
adjustments to the parking requirements take in to account the unique nature of the SAP Area, and provide
appropriate levels of parking for the provided Uses.
65 UNITS PER ACRE
65 UNITS PER ACRE
65 UNITS PER ACRE
Residential
Lodging
Residential uses are permissible as listed in Table 3,
. Jimtted by compliance with:
Off Street Parking space reauirements in connection
with Housing for the Elderly conforming to the
requirements of State or Federal programs shall be
provided as follows:
• Minimum of 4 0.5 parking spaces per Dwelling Unit.
• Live -work • Work component shall provide parking
as required by the non-residential use in addition to t
parking required for the Dwelling unit.
• Adult Family -care Homes • Minimum 1 space per 5
staff members and 1 space per 410 residents.
• Community Residence - Minimum of 1 parking space
per staff member in addition to the parking
required for the principal Dwelling unitfsi.
• Parking requirement may be reduced according to
the Shared parking standard, Article 4. Table 5.
• Minimum of 1 Bicycle Rack Space for every as 50
vehicular spaces required.
• Loading - See Article 4. Table 5
1
Lodging uses are permissible as listed in Table 3.
• Minimum of 1 parking space for every 2 lodging
molts,
• Minimum of 1 additional visitor parking space for
every 6 15 lodging units.
• Parking requirement may be reduced according to
the Shared parking standard. Article 4. Table 5.
• Minimum of 1 Bicycle Rack Space for every .10 50
vehicular spaces required.
• Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis, by
process of Waiver SAP Permlt,emseot-kvhen-r,ite-iS
witian-500-feet-of-T3.
• Loading - See Article 4, Table 5
13
Submitted into the public
record fc r iteri(s) YZr q
on . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T5-01
Office Uses are permissible as listed in Table 3,
imited 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. Artide 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 50 20
vehicular spaces required•
• Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis by
process of Walyee, SAP Permit cxceb• wf ea-',.m;
with114400-teet-ef43.
• Loading - See Article 4, Table 5
14
Submitted nto the publj
record for }to (s r l� t
on It I I er I . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T5-O)
Density (UPAI
Commercial
Chile
65 UNITS PER ACRE
1 65 UNITS PER ACRE
65 UNITS PER ACRE
ommerciai uses are permissible as listed in
Table 3, limited by compliance with:
•A maximum area of 55,000 square feet per
establishment
Facilities.
• Minimum of 3 2 parking spaces for every 1,000
square feet of commercial use
Storage -Facilities, minimum 1 parking space for
every 10.000 square feet with a minimum of 8
parking spaces.
Parking requirement may be reduced according
to the Shared parkins standard. Ankle 4. Table
5,
Minimum of 1 Bicycle Rack Space for every 24 50
vehicular spaces required.
Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis. by
process of
feet of T3 SAP Permit.
• Loading - See Article 4. Table 5
commercial Auto -related. Drive-Thry or Drive -In
Facilities - See Article 6.
Civic uses are permissible as listed in Table 3,
limited by compliance with:
af-assembly—uses,
• Minimum of 1 parking space for every 1.000
souare feet of
of Civic
Use.
• Parking requirement may be reduced according
to the Shared parking standard, Artide 4. Table 5.
• Minimum of 1 Bicycle Rack Space for every 38 50
' vehicular Spaces reaulred.
• Parking may be provided by ownership or lease
offsite within 1000 feet. on a temporary basis, by
process of
feet 13 SAP Permit.
• Loading - See Article 4. Table 5
15
Submitted into the public
record f item(s) ' L. q
on IL (I 1 (1 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T5-0)
Denaka(UPAI
Civil Support
Restricted Llmite.
65 UNITS PER ACRE
165 UNITS PER ACRE
65 UNITS PER ACRE
Civil Support uses are permissible as II ted In
Table 3, limited by compliance with:
eff a'teemobi,'-uses:
-aa
• Adult Da care- Minimum of 1 space •er st
members.
• Hospital -Minimum of 1 space per 4 beds
• Assisted living Facility - Minimum of 1 space per 3
beds
• Memory Care and Nursing Home - Minimum of 1,
space per 4 beds
• Parking requirement may be reduced according
to the Shared parking standard. Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces required.
• Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis, by
process of Waiver, ••h- hin-S00
fcct ofT3 5AP Permit.
• Loading - See Article 4 Table 5
Educational
—1Educational uses are permissible as listed In
Table 3, limited by compliance with:
• Minimum of 2 parking spaces for every 1,000
square feet of Educational use.
»..a__..
students in cr_des 11 and 12 or
Eelleae/unlversity.
and • off . ., fer •0 .
fee
• Parking requirement may be reduced according
to the shared parking standard. Artide 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces required.
• Parking may be provided by ownership or lease
offsite within 1000 feet. on a temporary basis by
process of tAb
feet of T3 SAP Permit.
• Loading- Refer to Article 4, Table 5
16
Submitted into the public
record fog �yn1 1
1��1
on II II
City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T6-8-O)
Due to the unique Uses of the SAP Area, the parking requirements of Miami 21 do not accurately reflect the level of
parking required. The typical resident within the SAP Area does not possess a vehicle or have a need for parking.
instead relying on public transit or the Miami Jewish Health Systems Shuttle. Likewise, the majority of the MJHS staff
utilizes public transit in order to get to and from the SAP Area. The below adjustments to the parking requirements
take in to account the unique nature of the SAP Area, and provide appropriate levels of parking for the provided Uses.
[Density WM 1 150 UNT TS PER ACRE * 1 150 UNITS PER ACRE ' 150 —1000 UNITS PER ACRE •
Residential
*Residential uses are permissible as listed in Table
3 limited by comthence with:
•0ff Street Parking space requirements In
connection with Housing for the Elderly
conforming to the requirements of State or
Federal programs may be reduced as follows:
•Minimum of 4 0.5 parking spaces per 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.
•ftduit Family -care Homes - Minimum 1 space per
5 staff members and 1 space per 410 residents.
•Community Residence - Minimum of 1 parking
space per staff member In addition to the parking
required for the pringpal Dwelling unit(sl.
•Parking requirement may be reduced according
to the Shared Parking standard. Article 4. Table 5.
•Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces required.
• parking may be Provided by ownership or tease
offsite within 1000 feet. on a temporary basis, by
process of
See4-ef-T3SAP Permit.
f
1
MIA 1851413134)
17
Submitted into the pubAi recoid l i. �tH I Y a
on • City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
Office
Office Uses are permissible as listed In Table 3.
• Minimum of 3 parking spaces for every 1,000
square feet of office use.
be prpvidI d
shaft -be provided
• Parking requirement may be reduced according
to the shared parking standard. Article 4, Table S.
• Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces required.
• Parking may be provided by ownership or lease
offsite within 1000 feet. on a temporary basis, by
process of Waiver SAP Permit,emeept-when it ;
with.
• Loading • See Article 4. Table 5
Lodging uses are permissible as listed in Table 3,
• Minimum of 'parking space for every 4 2 lodging
units.
• Minimum of 1 additional visitor parking space for
every 2015 lodging units.
• Parking requirement may be reduced according
to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bkycie Rack Space for every 20 50
vehicular spaces required.
• Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis, by
process of Waiver SAP Permit
within-500-feet-ef-T3.
• Loading - See Article 4 Table 5
18
Submitted into the public
record f9r items) Vt. q
on I Z IN / I I . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T6-8-01
r Civil Support
Civil Support uses are permissible 0 listed in
Table 3, limited by compliance with:
• Adult Daycare- Minimum of 1 space per 5 stag
members.
• Hospital - Minimum of 1 space per 4 beds
• Assl led Llvin: Fecal t - u inlmum of
beds
Me o Care and t4ursin: Home inlmum
space per 4 beds
• Parking requirement may be reduced according
to the Shared parking standard. Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces required.
• Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis. by
process of Walver:-eaeeet-wIM>F-site-is-w4h4ft-So0
feet of 1° T33 SAP Permit.
• Loading See Article 4, Table 5
Mtn 185141313v0
19
DRAFT REGULATING PLAN DATED 8/16/17
Submitted into the pub ti c
r
record f ite (s) Y cl
on 11. Pori � (i City Clerk
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T6-8-O)
DIIINtaina J 150 UNITS PER ACRE •
Commercial
150 UNITS PER ACRE • 150 UNITS PER ACRE •
Commercial uses are permissible as listed in
Table 3, limited by compliance with:
• A maximum area of 55,000 square feet per
establishment,
• Minimum of d 2 parking spaces for every 1.000
square feet of commercial use
7
parking -woes,
• Parking requirement may be reduced according
to the Shared parking standard. Article 4, Table Si
c
• Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces required.
• parking may be provided by ownership or lease
offsite within 1000 feet by process of Ulaiverc
SAP
Permit.
• loading - See Article 4, Tp sle 5
Civic uses are permissible as listed In Table 3
limited by compliance with:
----`vaae+..b}y--vac
• Minimum of 1 parkins space for every 1.000
square feet of nd
garkirsg-speees-for-cither-uses-as-required of Civic
Use.
• Parking requirement may be reduced according
to the Shared parking standard, Article 4, Table 5.
• Minimum of 1 Bicycle Rack Space for every 20 50
vehicular spaces reauired.
• Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis, by
process of
feet of T3 SAP Permit.
• Loading - See Article 4. Table 5
20
`;Ithmitted into the pubic
I.ecord fo ite (s)
,n 1L L r 7 City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 4 DENSITY, INTENSITY, AND PARKING (CI-T6-8-0)
Danalty AlPAs 1150 UNITS PER ACRE •
I NITS PER ACRE •
150 UNITS PER ACRE •
Educatlonal
Educational uses are permissible as listed in
Table 3.limtted by compliance with:
• Minimum of 2 parking spaces for every 1,000!
square feet of Educational use.
s __r 100 y ud__._ __ .._
students --in- grades 11 and 12 or
Cefesse/univcrsity.
fee.
Parking requirement may be reduced according;
to the shared parking standard. Article 4. Table 5.
• Mmsmum of 1 Bicycle Rack Space for every 20 50
vehicular spaces reotnred•
' Parking may be provided by ownership or lease
offsite within 1000 feet, on a temporary basis, by
process of
feet-e."'SAP PermR.
21
MIA 185141313v0
Submitted into the public
n record
fo�,t�ILiterp(s)
oCity Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21
ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 4, TABLE 5 BUILDING FUNCTION: PARKING AND LOADING (Cl-T5-O and a-T6-8-01
CRLST EETPeas°Sttrldsrds
Angle of
Padby
Access AI,h Width
ONE Way Traffic
Single Loaded
90
23 ft
ONE Way Treff c
Double Loaded
Two W y Trunk
Double Loaded
23 ft
23 ft
60 12.8 ft
45 10.8 ft
Parallel 10 ft
Standard stall: 8.5 ft x 16 ft minimum
11.8 ft
19.3 ft
9.5 ft
18.5 ft
10ft
20ft
Walt bath Standards
CI-15-0 and CI-T6-8-0
Residential*
from 25,000 sf to 500,000 sf
• Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet
for a two-way drive for parking area providing 10 or more stalls.
• Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle.
• Allowable slopes, paving, and drainage as per Florida Building code.
• Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such
a facility is to be used by trucks or loading uses. the minimum clearance shall be 12 feet
Residential and 15 feet Commercial and Industrial.
• Ingress vehicular control devices shall be located so as to provide a minimum driveway
of 20 feet in length between the Base Building Line and dispenser.
• For requirements of parking lots. refer to Article 9 and the city of Miami Off-street
Parking Guides and Standards.
r
Berth She Loading Berths
420 sf l per first 400 300 units
200 sf 1 per each additional 400 300
units or fraction of 100300.
Greater than 500,000 sf
Berth Size Loading Berths
660 sf 1 per first 400 300 units
U00 sf 1 per each additional 400 300 units
or fraction of 109300.
Cfftse
eenrmarelal"o—
InadustslaI •"•
From 25.000 sf to 500,000 sf
Berth She
420 sf
200 sf
Loadingeerths
1 Der 300 500 rooms
liter 409 300 rooms
Greater than 500.000 sf
Berth Sire
660 sf
700 sf
Loadinc8erths
1 Der 300 500 rooms
1 per 400 300 room
Bart` S,...jo L e
420 sf Berths
20034raer reams
200 sit per 1 reams
420 sf
420 sf
420 sf
429 sit
1.0
2nd
8rd
4th
2!K sf SOK sf
50K of 100K4
103K sf 2504( A
2501( sf 500K sf
420 sf 2,514-sf-59K sf
420 sf 1st cam, . tf
420 sf 2nd 100144f--2604e.st
420sf 3rd 25e:45001K
IlES
Berth Types
Residential*: 200 sf = 10 ft x 20 ft
x12ft
Commercial**: 420 sf = 12 ft x 35 ft
x15ft
Industrial"`: 660 sf= 12 ftx 55 ftx 15 ft
" Residential loading berths shall be
set back a distance equal to their
length.
"" 1 Commercial berth may be
substituted by 2 Residential
berths
""" 1 Industrial berth may be
substituted by 2 Commercial
berths.
A required Industrial or Commercial
loading berth may be substituted by
a Commercial or Residential
loading berth, by Waiver MJHS
SAP Permit, if the size, character,
and operation of the Use is found to
not require the dimensions specified
and the required loading berth
dimension could not otherwise be
provided according to the
regulations of this Code.
22
Submitted into the pub is
record for iterp(s) Yt
on \Lj19 111 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 4 MIAMI JEWISH HEALTH SYSTEMS SAP
660sI 1 / S66Ksf
460 sf 1 / SANK sE
23
I4414-18544.13434
Submitted into the pub'. c
record f r ite i(s)
011 11, LZ
City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
ARTICLE 5. SPECIFIC TO ZONES
5.5 MJHS CIVIC INSTITUTION URBAN CENTER TRANSECT ZONES (CI-T5-O)
5.5.1 Building Disposition (CI-TS-O}
a. Newly platted Lots shall be dimensioned according to Illustration 5.5 of the
Regulating Plan.
b. Lot coverage by any Building shall not exceed that shown in Illustration 5,5 of
the Regulating Plan.
c. Buildings shall be disposed in relation to the boundaries of their Lots according
to Illustration 5.5 of the Regulating Plan.
d. Buildings shall may have their principal pedestrian entrances on a Frontage Line
or from a Courtyard at the Second Laver.
e. For the minimum Height, facades shall enfront with
Habitable Space the Principal Frontage Line
. In
the absence of a Building along the remainder of the Frontage Line. a
Streetscreen or Civic Space shall be built co -planar with the Facade to conceal
parking and service areas. Landscaping shall be provided to conceal parking
and service areas.
f. At the first Story. Facades along a Frontage Line shall enfront with Habitable Space
have frequent deers -and windows;
af i e cnty_ fve ('5) feet and new vehicular entries shall
occur at a minimum spacing of sixty (60) feet, unless approved by SAP Permit
Waiver.
g. Setbacks for Buildings shall be as shown in Illustration 5.5 of the Regulating
Plan. Where the property to be developed abuts a Structure other than a Sign,
a Waiver SAP Permit may be granted so the proposed Structure matches the
ground level dominant setback of the block and its context.
h. For sites with three hundred and forty (310} feet Frontage length or more, a
at any point more than three hundred and forty (3/0) feet from a
Thorr....,hfarc inter cction the Q..iIdinn shall n vide r Block Pedestrian
previeterk
25
Submitted into the public /,
record forite� (s) 7, , q
on 0, (4 ill City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
5.5.2 Building Configuration (CI-TS-O)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and
6 and Illustration 5.5 of the Regulating Plan.
b. Encroachments shall be as follows: At the First Layer, perimeter walls,
cantilevered Awnings and entry canopies may encroach up to one hundred
percent (100%) of the depth of the Setback; except as may be further
allowed by Chapter 54 of the City Code; above the first Story, cantilevered
balconies, bay windows, roofs and Facade components promoting energy
efficiency such as shading and Screening devices that are non -accessible, may
encroach a maximum of three (3) feet into the Setback. Other cantilevered
portions of the Building shall maintain the required Setback. At the Second
and Third Layers. no encroachments are permitted.
c. Galleries and Arcades shall be a minimum fifteen (15) feet deep and may
encroach up to one hundred percent (100%) of the depth of the Setback by
d. Screen en,-Iosurec shall be Iecated within the Second er Third I +.,er only and
T4
e. Loading and service entries shall be within the Third Layer and shall be
accessed from the Secondary
Frontage. WA/hcn Lots—haavee—en y Prineipalal F,reetages, vehicular entrie
Streetscreens shall be provided for Loading and service
entries.
f. All outdoor storage, electrical, plumbing, mechanical, and communications
equipment and appurtenant enclosures shall be located within the Second or
Third Laver and unless fully concealed from view from any Frontage or
sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall
not be allowed as Encroachments.
g.
Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.5 of the Regulating Plan. The first
floor elevation shall be at average Sidewalk grade. A first floor Residential or
Lodging Function should be raised a minimum of two 12) 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.
MIA 18544.1313v8
26
Submitted into the pub
record foriterp(s) L. q
DRAFT REGULATING PLAN DATED 8/16/17
on 11. Lt f�� Ciiy Clerk
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
h. The size of the required mechanical equipment needed within the SAP Area is
atypical; as such, mechanical equipment on a roof shall be enclosed by parapets
of the minimum Height necessary to conceal it, and a maximum Height of five
( ten(10) 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%) thirty percent (30%) of the roof area, unless approved by SAP
Permit Waivef.
i. All ground floor and roof top utility infrastructure and mechanical equipment
J•
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. On the roof, a screen
wall shall conceal all equipment except antennas from lateral view. Exhaust air
fans and louvers may be allowed on the Facade only on Secondary Frontages
above the first floor.
Streetscreens shall be between three and a half (3.5) and eight (8) 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 or fence. Streetscreens shall have openings no larger than necessary to
allow automobile and pedestrian access. Streetscreens shall be located co-
planar with the Building Facade Line. Streetscreens more than three (3) feet
high shall be fifty percent (50%) permeable or articulated to avoid blank walls.
k. For the protection of the residents and public, fences and walls shall be
permitted within the First Layer. Within the Second and Third Layers, fences
and walls shall not exceed a Height of eight (8) feet, unless approved by SAP
Permit.
5.5.3 Building Function & Density (CI-T5)
a. Buildings located in 1S the SAP Area shall conform to the following regulations and the
Functions, Densities, and Intensities as shown in Article 4, Tables 3 and 4 and
Illustration 5.5 of the Regulating Plan. Certain Functions as shown in Article 4, Table 3
of the Regulating Plan shall require approval by Warrant or Exception. Consult Article 6
for any supplemental use regulations.
b. Density:
ii. Buildings located in the CI-T5-O transect zone shall be permitted the maximum
allowable density of the underlying Future Land Use Map designation of 65
dwelling units per acre.
27
Submitted into, he publ� 1
record f r ite s
Ci
1 City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
c. Principal and accessory uses of Buildings in the SAP Area shall conform to Uses
described in Article 4. Table 3 of the Regulating Plan. Surface parking lots and parking
garage structures may be accessory to all principal Uses.
d. Medical Uses are allowed only if they are customarily accessory and clearly incidental
to the medical, university, hospital, educational and research facilities within the MJHS
SAP Area. These accessory uses need not occur in Ancillary structures but may occur
throughout the MJHS SAP Area. These accessory uses include, but are not Limited to,
storage facilities; Pharmacies, laundry or cleaning facilities; incinerator facilities; and
other uses related to the medical, university, hospital, educational and research
facilities in the MJHS SAP Area.
5.5.4 Parking Standards (CI-T5-O)
a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4
and 5 of the Regulating Plan.
b. On -street parking available along the Frontage Lines located in the SAP Area that
shall not be counted toward the minimum parking
requirements of fhe Bullring on `he of
I.'„., 1,� be 1.., All Parkin L...11 ,.I F..om the
c. Parkin-sli(3vTv�af6essed-by-an -Al4ey Pa -sha 1ie��ee`ss^cl-ffe h-the
d. All new parking including drop-off drives and porte-cocheres, open parking
areas, covered parking, garages. Loading space and service areas 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. Underground
parking may extend into the Second and First Layers only if it is fully
underground and does not require raising first -floor elevation of the First
and Second Lavers above that of the Sidewalk. Ramps to under round
garaged parking shall be only within the Second and Third Lavers. Above
ground parking may extend into the Second Layer
4450%6) up to one hundred percent (100%) of the length or Height of the
Secondary Frontage. Surface parking may extend into the Second Laver a
maximum of twenty five percent (2596) of the length of the Primary
Frontage up to a maximum of fifty (50) feet.
e. The nature of the SAP Area requires larger vehicles to enter the site; as such,
the vehicular entrance of a parking lot or garage on a Frontage shall be no
wider than twenty-five (25` thirty (30) feet and the minimum distance
between vehicular entrances shall be 6404601 thirty (30) feet, unless
approved by Waiver SAP Permit.
f. Pedestrian entrances to all parking lots and parking structures shall may be
28
IMIA 185141313v0
Submitted into the pubic
record for ite (s) t, �(
on �1I4 (L1 . City Clerk
DRAFT REGULATING PLAN DATED 8/1 6/1 7
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
directly from a Frontage Line. Underground parking structures should be
entered by pedestrians directly from a Principal Building: or interior courtyard.
g. Buildings mixing Uses shall provide parking for each Use. Shared Parking shall
be calculated according to Article 4, Table 5 of the Regulating Plan.
h. Parking requirements for properties located within the SAP Area may be
calculated and provided for in the aggregate for new and existing Buildings
and Uses.
5.5.5 Architectural Standards (CI-T5-O)
a.Only—permanent Structures shall —be allowed. eFr rStr-uct res sash as
other tempera'.. Structures shall not be allowed a pt r Pit.. Cede and
this -Cede -
clear glass- --less—than seveniv—Pereee (70%) of the sidewalk level Story.
Security shall be my n et (70%)
rhall c ply with Article ] Section 7 1 ] 2 of this Pede
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 fifty percent (650%) with a shade producing
Structure such as, but not limited to, a vined pergola or retractable canvas
shade Structure.
e. Rooftop parking or mechanical equipment and utility service areas visible
from nearby Buildings shall be screened with landscape or architectural
materials.
29
Submitted into the public
record fqr ite (s) 9 1, r q
on 1ti l 14 11 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEIMSH HEALTH SYSTEMS SAP
MJHS SAP ILLUSTRATION 5.5 CIVIC INSTITUTION URBAN CENTER TRANSECT ZONES (Cl-T5-0)
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
5,000 s.f, min.
W fth rt_...ch1. u pr aeeess
b. Lot Width
50 ft min.
-Withrearehreular-aeeess
16,in
c. Lot Coverage
80% max.
d. Floor Lot Ratio (FLR)
N A
e. Frontage at front Setback
60%-f•ErN/A
f. Open Space
10% Lot Area min.
9. Density
65 du/ac max.
BUILDING SETBACK
a. Principal Front
10 ft. min
b. Secondary Front
10 ft, min.
c. Side
0 ft. min.
d. Rear
0 ft. min.
e-Abidungakdear- tea.-1-4
6-il,fHin
`
Siesy
r
BUILDING CONFIGURATION
FRONTAGE
a Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
permitted (4-L-and-T5-B-only)
9. Gallery
permitted by-SpesiaLArea-Plan
h. Arcade
permitted by-SpeeiaLArea-Plan
BUILDING HEIGHT
e. Min. Height
a Stefies-1 Story
b. Max. Height
5 Stories
IIta,Be•e-fit•Heiohv"fi H ".w.0 :,.wt
BUILDING PLACEMENT
L. AptdifVI -
fh_
V El
tM
PARKING PLACEMENT
•
Law Lei
145V fa
m MV IN
UP EV
BUILDINGkaIGHT
ter -`j i
nor
NET
I.
011: 'ra EL & KM
•
•
NOW Irk iALM ti 21t3Cti• fairy
&L!tifiliO 1 rVA 1. ilarK IDE4RNVr r
�'Ip%Of Lq 91oltOr 1411 *WOW UV OM
•nrblob tanatux 1».
t
MI/t 185111313v3
30
Submitted into the public
l.q
record fof item(s)
on I L L( / 11. City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
5.6 MJHS SAP CIVIC INSTITUTION URBAN CORE TRANSECT ZONES (CI-T6-8-0)
5.6.1 Building Disposition (CI-T6-8-0}
a. Newly platted Lots shall be dimensioned according to Illustration 5.6 of the Regulating
Plan.
b. Lot coverage by any Building shall not exceed that shown in Illustration 5.6 of the
Regulating Plan.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to
Illustration 5.6 of the Regulating Plan.
d. Buildings ;hail may have their principal pedestrian entrances on a Frontage Line or from
a courtyard at the Second Layer.
e. For the minimum Height, Facades shall enfront with Habitable
Space the Principal Frontage Line
length-e in li ultra•ion 6. In the absence of Building
along the remainder of the Frontage Line, a Streetscreen or Civic Space Type 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.
f. At the first Story, Facades along a Frontage Line shall enfront with Habitable Space have
frequent deers -and windows:
seventy-five-054-feet and new vehicular entries shalt occur at a minimum spacing of
sixty (60) feet unless approved by SAP Permit Waiver.
g. Setbacks for Buildings shall be as shown in Illustration 5.6 of the Regulating Plan. Where
the property to be developed abuts a Structure other than a Sign, a Waiver SAP Permit may
be granted so the proposed Structure matches the ground level dominant setback of
the block and its context. Frontage Setbacks above the eighth floor for Lots having
one (1) dimension measuring one hundred (100) feet or less may be a minimum of
zero (0) feet by SAP PermitWaiver. For CI-T6-8-0,
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 Regulating Plan.
h. Above the eighth floor, minimum building spacing is sixty (60) feet, except that where
the Building abuts T5, the sixty (60) feet required spacing shall be above the fifth floor.
For T6 24, T6 36, T6 18, T6 60 and T6 80 CI-T6-8-0 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 by SAP Permit Waiver. For T6 36, T6 48,
31
Submitted into the public a
record e� y es) 1" �,
1� I
on . City Clerk
DRAFT REGULATING PLAN DATED 8116117
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
4Rd Tb-80 CI-T6-8-O above the eighth floor in the Second Laver, at a setback of
ten (10) feet. an additional two stories of habitable space may extend a maximum sixty
percent (60%o) of the length of the street Frontages. For , ,
ands-80 CI-T6-8-O 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.
sefve-the-NeigialasfIleaci,
5.6.2 Building Configuration (CI-T6-8-01
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.6 of the Regulating Plan.
b. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows
within the SAP Area:
1. 15,000 square feet maximum for Residential Uses in CI T6-8-046-12-aR4T-6-24
2. 30,000 square feet maximum for Commercial Uses and for parking
3. 180 feet maximum length for Residential Uses
4. 215 feet maximum length for Commercial Uses
c. Encroachments shall be as follows: At the First Laver, perimeter walls, cantilevered Awnings
and entry canopies may encroach up to one hundred percent (100%) of the depth of
the Setback, except as may be further allowed by Chapter 54 of the Citv Code. Above
the first Story, cantilevered balconies, bay windows. and roofs may encroach up to
three (3) feet of the depth of the Setback. Other cantilevered portions of the Building
shall maintain the required Setback. Above the eighth Story, no Encroachments are
permitted, except that Facade components promoting energy efficiency such as
shading and Screening devices that are non -accessible may encroach a maximum of
three (3) feet.
r>�
32
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
Submitted into the public q
record for item(s)
on It II l' I . City Clerk
d. Galleries and Arcades sizIal4 may be a minimum fifteen (15) feet deep, shall encroach
one hundred percent (100%) of the depth of the Setback and shall overlap the whole
width of the Sidewalk to within two (2) feet of the curb.
Special A,-..+ Plan
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.
f. Loading and service entries shall be within the Third Laver and shall be accessed fFefw
Alle„& when 3ilahle, and otherwise from the Secondary Frontage. Loading spaces and
service areas shall be internal to the building.
Streetscreens shall be provided for loading and service
entries.
g.
Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and
be allocated as required in Illustration 5.6 of the Regulating Plan. First -floor elevation
shall be at average Sidewalk grade. A first level Residential Function or Lodging
Function should be raised a minimum of two (2) feet and a maximum of three and a
half (3.5) feet above average Sidewalk grade. Existing one Story Structures shall be
considered conforming and may be enlarged.
h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of ten (10) feet. Other enclosures for
housing stairs, elevators or mechanical equipment or for ornamental Building features
may extend up to ten (10) feet above maximum height for T6 8, unless approved by
SAP Permit Waiver. There shall be no limitation for ornamental element, stair,
elevator or mechanical equipment extensions above maximum Height fef T6 12, T6
. Roof decks shall be permitted up to the maximum
Height. Trellises may extend above the maximum Height up to fourteen (14) feet.
i. 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. On the roof a screen wall shall conceal all equipment
except antennas from lateral view. Exhaust air fans and louvers may be allowed on the
Facade only on the Secondary Frontages above the first floor.
Streetscreens or fences shall be between three and a half (3.5) and eight (8) 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 coplanar with the Building Facade
33
Submitted into the publ'
record foc ite (s n,
on 11 / ILIl . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
Line. Streetscreens over three (3) feet high shall be fifty percent (50%) permeable or
articulated to avoid blank walls.
k. Perimeter walls shall be permitted within the First Laver. Within the Second and Third
Layers, fences and walls shall not exceed a Height ofei ht (8)ten (10)feet, unless
approved by SAP Permit. Walls shall be decorative and have architectural elements
facing the right of way.
I. The ground floor along all Frontages shall contain Habitable Space.
5.6.3 Building Function & Density (CI-T6-8-O)
a. Buildings located in T3 the SAP Area shall conform to the following regulations and the
Functions, Densities, and Intensities as shown in Article 4, Tables 3 and 4 and
Illustration 5.5 of the Regulating Plan. Certain Functions as shown in Article 4, Table 3
of the Regulating Plan shall require approval by Warrant or Exception. Consult Article 6
for any supplemental use regulations.
b. The calculation of the FLR shall not apply to that portion of the building that is
entirely below base flood elevation.
c. Density:
i. Buildings located in the CI-T6-8-0 transect zone shall be permitted the maximum
allowable density of the underlying Future Land Use Map designation of 150
dwelling units per acre.
d. Principal and accessory uses of Buildings in the SAP Area shall conform to Uses
described in Article 4, Table 3 of the Regulating Plan. Surface parking lots and parking
garage structures may be accessory to all principal Uses.
e. Medical Uses are allowed only if they are customarily accessory and clearly incidental
to the medical, university, hospital, educational and research facilities within the MJHS
SAP Area. These accessory uses need not occur in Ancillary structures but can occur
throughout the MJHS SAP Area. These accessory uses include, but are not limited to,
storage facilities; laundry or cleaning facilities; incinerator facilities; and other uses
related to the medical, university, hospital, educational and research facilities in the
MJHS SAP Area.
5.6.4 Parking Standards (CI-T6-8-01
b. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5.
c. 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.
34
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
City Clerk
Submitted into the publi
record fo iten (s)
on_tiI\91ft
d. autd be-aeeessed by -a„ -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.
e. Primary Frontage. All new parking, including drop-off drives and porte-cocheres, open
parking areas, covered parking, garages, Loading Spaces and service areas shall be
located within the Third Laver and shall be masked from the Frontage by a Liner Building
or Streetscreen as illustrated in Article 4, Table 8. Parking may extend into the Second
Layer above the first (1) Story, by SAP Permit Waite, if an art or glass treatment, of a
design to be approved by the Planning Director, with the recommendation of the Urban
Development Review Board, is provided for one hundred (100%) percent of that portion
of the Pedestal Facade. 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.
f. Secondary Frontage. All new parking, open parking areas, covered parking, garages,
Loading Spaces and service areas shall be located in the Third Laver and shall be masked
from the Frontage by a Liner Building or Streetscreen for a minimum of fifty percent
(50%) of the length of the front- age or height of the pedestal. Above ground Parking
may extend into the Second Layer beyond fifty percent (50%) of the length of the
frontage or height of the Pedestal, by SAP Permit Waiver, if an art or glass treatment of
a design to be approved by the Planning Director is provided for that portion of the
pedestal facade.
g.
Underground parking may extend into the Second and First Lavers only if it is fully
underground and does not require raising the first -floor elevation of the First and
Second Layers above that of the sidewalk. Ramps to underground parking shall be
within the Second or Third Layers.
h. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider
than thirty (30) feet and the minimum distance between vehicular entrances shall be
sixty (60) feet, unless approved by Waive SAP Permit.
i. Pedestrian entrances to all parking Lots and parking structures shall may be directly from
a Frontage Line. Underground parking structures should be entered by pedestrians
directly from a Principal Building or interior courtyard.
j. Buildings with multiple uses shall provide parking for each Use.
Shared Parking shall be calculated according to Article 4, Table 5 of the Regulating Plan.
k. Parking requirements for properties located within the SAP Area may be calculated
and provided for in the aggregate for new and existing Buildings and Uses.
5.6.5 Architectural Standards (CI-T6-8-O)
35
Submitted into the public
record f rite zi(s) V Z, CI
on \OON 1i� . City Clerk
1
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
rtruct„r shall net be allowed except , r
b. Tbe-f3cades-en-R ileta,l ntaizes-sh lall-bedetailed as-storef--ontr and „lazed with clear
shall be r my p ent (709U o
eemety-with-Actic-le-37--Seetietl-343,2-ef-this-Gede,
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 sib fifty percent (650%) with a shade producing structure such
as, but not limited to, a vined pergola or retractable canvas shade structure.
e. Rooftop parking or mechanical equipment and utility service areas visible
from nearby Buildings shall be screened with landscape or architectural
materials.
36
1
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 5 MIAMI JEWISH HEALTH SYSTEMS SAP
Submitted into the publje
record fq r ite (s) vLr q
on 11,14 11 • City Clerk
MJHS SAP ILLUSTRATION 5.6 CIVIC INSTITUTION URBAN CORE TRANSECT ZONES (CI-T6-8-01
BUILDING DISPOSITION
LOT Occupation
a. Lot Area
5,000 s.f. min.L40.000L
b. Lot Width
50 ft min.
c. Lot Coverage
-1-8 Stories
80% max.
- Above 8'" Story
15,000 Se ft. max. Floprolate
for Residential $ Lodging
30,000 so. ft. max. Floorptate for
Office & Commercial
d. Floor Lot Ratio (FLR)
5 / 25% additional Public Benefit
e. Frontage at front Setback
4096-wmin.N/A
f. Open Space
10% Lot Area min.
9. Density
150 du/ac max.'
Building Setback
a. Principal Front
10 ft. min.; 20 ft. min. above 8' Story
b. Secondary Front
10 ft min.; 20 ft. min. above 8' Story
c. Side
0 ft min.; 30 it min. above 8' Story
d. Rear
0 ft. min.; 30 ft. min. above 8" Story
e
08. nn.-1 lhrpagh-6"Slery-
6SCe�,^eN^�'
Abatletylkawer-Rear
5"
to
AtiolIAi-6 feepT4
26�0
. .164ey -mm itko^e''ugpi"`rnmT
l'i.r�ee97
�vo 6
BUILDING CONFIGURATION
Frontage
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shoofront
permitted tT6-8 L and TO-8 0 onhtj
9. Gallery
permitted
h. Arcade
permitted
BUILDING Height
a. Min. Height
2 Stories
b. Max. Height
8 Stories
c. Max. Benefit Height
4 Stories Abutting all Transects
ZoneseaeeetT3
Or as modified in Diagram 9
BUILDING PLACEMENT
PARKING PLACEMENT
folcsko'vei_...... e__.1
id
iD.. rPw t
�7e
•
tr be
Ur 'AP
BUILDING HEIGHT
trot
rat
i t}
it
r _ q
M
e Orr us
i!Arotga4Dik _it:Wi t •nrNAV
4
ebb •
Mr%lOE4R{Jb f1
k be
bee UPI
mined IX Mb l
as
tar
411►94( MAP 1
'VI et latrine blames mestrer }>Qdlq
f esi tie Use eso rep VI dm
444-44364443434
37
Submitted into the public
record f r ite 1(s) Qt, R
on 171 City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 6 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 6, TABLE 13 SUPPLEMENTAL REGULATIONS (CI-T5-01
DENSITY PUPA)
ADULT DAYCARE
COMMUNITY
SUPPORT FACIUTY
a65 UNITS PER ACRE •
65 UNITS PER ACRE •
• Or as modified in Article 4. Diagram 9
65 UNITS PER ACRE •
For 6 to 9 adults:
Minimum of 350 square feet of indoor
activity area. For 10 or more adult':
Minimum of 35 square feet of indoor activity
area Der adult.
Assisted living Facilities: Allowed by Exception
Right within She SAP Ita& da e e
No Mmaximum number of residents 50.
Zone,
38
1
1
1
1
1
�r•
Submitted into the pub}4c
record fol item(s) y Z„ q
on IL ( /I1 . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 6 MIAMI JEWISH HEALTH SYSTEMS SAP
MJHS SAP ARTICLE 6, TABLE 13 SUPPLEMENTAL REGULATIONS (CI-T6-8-O)
DENSITY (UPAZ
ADULT DAYCARE
COMMUNITY
SUPPORT FACIIJTY
HELICOPTER LANDING
SITE
Restricted
Limited
OPEN
u 150 UNITS PER ACRE •
150 UNITS PER AC =: •
39
150 —4000 UNITS PER ACRE •
Allowed by Warrant Right per Article
4 Table 3 of this Regulating Plan. For
6 to 9 adults:
Minimum of 350 square feet of Indoor
activity area. For 10 or more adults:
Minimum of 35 square feet of indoor activity
area Per adult.
Assisted Uving Facilities: Allowed by Right within
the SAP Area
Helicopter landing sites as regulated by federal
and state law may be permitted by Warrant SAP
Permit subject to the following additional
requirements:
May only be used for the landing and takeoff of
helicopters dropping off and picking up
passengers and cargo and may not include,
fueling, repair, or long term parking or storage of
helicopters.
and-R.
Ground level sites shall be located away from
Buildings, trees. or significant terrain features
to avoid Possible air turbulence.
Rooftop sites shall be given priority over ground
level sites in congested areas.
Submitted into the public
record for item(s)
1t 11
City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 6 MIAMI JEWISH HEALTH SYSTEMS SAP
6.2 COMMUNITY RESIDENCES AND SIMILAR HOMES/FACILITIES
The purpose of a Community Residence is to integrate its residents into the community; over
concentration of such facilities within a Neighborhood causes the area to lose its character, thereby
defeating the purpose of locating Community Residences in the Neighborhood. A Zoning verification
shall be required in order to confirm State established distance requirements outlined in this
Appendix section. All such facilities shall be required to provide a signed and sealed survey to the Office
of Zoning which demonstrates that the distance limitations required below
are met. Failure to comply with this requirement will deem the facility in non-compliance with state
regulations. The required Zoning verification letter shall also verify the facility's compliance
with all applicable State distance limitations.
To the extent applicable by state law, location of a facility may be denied if it results in an over
concentration of Community Residences in proximity to the site selected such that the nature and
character of the Neighborhood would be substantially altered. Any facility exceeding the thresholds
outlined in this section shall refer to the requirements of Community Support Facility.
40
MiA-185141313v8
1
Submitted into the publ'
record foriten}(s) Y C1
on IL I1j 1 11 . City Clerk
Oill
rem
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 6 MIAMI JEWISH HEALTH SYSTEMS SAP
6.2.1 Community Residence Standards
LOCATION
1 to 6 Residents
LOCATION
STANDARDS
PARKING
LOCATION
STANDARDS
1'J�tlDI
I CI•T5AND CI•T6-8RL&O
A
-C-commonitY-Resiglence-to-neafest-point-ef-Psopeistnit
rt
Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family residence dwelling and a
non-commercial Use, for the purpose of this code. Homes of six (6) or fewer residents that otherwise meet the definition of a community residential home shall
be allowed in T3, T1, T5 or T6, CI-TS AND CI-T6-8 in the SAP Area,
not: meesst� ^ e 'e a Such homes with six (61 or fewer residents shall not be required to comply with the notification
provisions of this section. provided that prior to licensing, the sponsoring agency provides the Office of Zoning with the most recently published data compiled
from the licensing entities that identifies all community residential homes within the lunsdictional limits of the city in order t
r -hefweAvith-sk-(64-of-fewer-residents. At the time of home occupancy, the
sponsoring agency must notify the city of Miami Office of Zoning that the home is licensed by the licensing entity.
See Article 3 and Article 4. Table 4 and Table 5 of the Regulating Plan.
When a site for a community residential home servicing seven (7) to fourteen (14) residents or similar assisted living facility has been selected by a sponsoring
agency in the SAP Area. en-aeea . the agency shall notity the Planning Director in writing and Include in such notice the spedhc address of
the site, the residential licensing category, the number of residents, and the community support requirements of the program Such notice shall also contain a
statement from the licensing entity Indicating the licensing status of the proposed assisted living facility or community residential home and specifying how the
home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide to the city the most
recently published data compiled from the licensing entities that identifies all assisted living facilities, adult famlly-care homes, or community residential homes
within the Jurisdictional limits of the city, The Office of Zoning shall review the notification of the sponsoring agency in accordance with Transect regulations.
• Pursuant to such review by the Planning Department, the city may:
1.Defermine that the siting of the assisted living facility or community residential home is In accordance with this code and approve the siting. If the siting is
approved, the sponsoring agency may establish the home et the site selected.
2. Fall to respond within sixty (60) days. If the City fails to respond within such time. the sponsoring agency may establish the home at the site selected.
3. Deny the siting of the home.
• The city shall not deny the siting of an assisted living facility or community residential home unless the city establishes that the siting of the home at the sit
selected:
Does not otherwise conform to regulations of this
and Appendix.
2 Does not meet applicable licensing criteria established and determined by the licensing entity. including requirements that the home be located to assure the
3. Would result in such a concentration of community residential homes. assisted Irving facilities, and adult family -care in the area in proximity to the site
selected. or would result in a combination of such homes with other residences In the community such that the nature and character of the area would be
substantially altered.
If agreed to by both the city and the sponsoring agency a conflict may be resolved through informal mediation. The city shall arrange for the services of an
independent mediator or may utilize the dispute resolution process established by a regional planning council pursuant to Fla, Stat. s. 186.509. Mediation shall
be concluded within forty- five (45) days of a request therefore. The resolution of any issue through the mediation process shall not alter any person's right to a
Judicial determination of any Issue if that person is entitled to such a determination under statutory or common law.
See Article 3 and Article 4. Table 4 and Table 5 of the Regulating Plan.
41
Submitted into the public
record for iteiId
�L.
on 17. I ILI City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 6 MIAMI JEWISH HEALTH SYSTEMS SAP
6.2.2 Adult Family -Care Homes Standards
LOCATION
Ito 6 Residents
CI-T5 AND CI-T6-8 R. L & 0
LOCATION
STANDARDS
I PARKING
See Article 3 and Article 4. Table 4 and Table 5 of the Regulating Plan..
IMIA 185141313v0
42
i
Submitted into the publi
record f ite (s) VZ„ q
on )L/ H 1 I� • City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 7 MIAMI JEWISH HEALTH SYSTEMS SAP
ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 PROCEDURES
7.1.2.10 Permits and Approvals
A building permit for those permitted Uses as set forth in Article 4, Table 3 of the Regulating
Plan shall be approved By Right when the Use meets all of the applicable standards of the Regulating
Plan, and the other specific requirements that may be enumerated elsewhere in the City Code. In
addition, certain approvals may be necessary to confirm that uses are permitted uses under the
Regulating Plan, which are zoning approval (By Right), certificate of use, planning determination, or
zoning interpretation pursuant to Section 7.1.2.1 of Miami 21. 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.
7.1.2.11 MJHS SAP Permit
a. SAP Permit
New Development of Structures or Uses within the SAP Area shall require approval by SAP
Permit when necessary to develop property as described in the various articles of the MJHS SAP. All
other development consistent with the regulations of this Appendix shall be permitted by Right as
provided in Section 7.1.2.10 of the Regulating Plan and Section 7.1.2.1 of Miami 21.
In addition, all Warrant and Waiver permits necessary to develop property within the SAP Area,
shall be approved by SAP Permit and subject to the equivalent fee to those established in the Miami 21
Code and Chapter 62 of the City of Miami's Code of Ordinances. The process and criteria for review and
approval of a SAP Permit application is set forth below.
Design conditions or Uses requiring approval by SAP Permit are described in the various articles
of the MJHS 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 Regulating Plan.
1. Off-street Parking space requirements in connection with Housing for the Elderly
conforming to the requirements of state or federal programs may be reduced
(Article 3, Section 3.6.7.a.2).
2. Relaxation of parking lot entrance distance and allowance of two (2) separate
driveways on one (1) Lot (Article 5, Section 5.5.4.e, 5.6.4.h).
3. Permitting of Adult Daycare (Article 6, Table 13).
4. Permitting of Helicopter Landing Site (Article 6, Table 13).
43
Submitted into the public
record fqr itein(s) yt,t
on it I t _l (i . City Clerk
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 7 MIAMI JEWISH HEALTH SYSTEMS SAP
5. Additional shared parking reductions (Article 4, Table 5).
6. As appropriate to the nature of the SAP Permit involved and the particular
circumstances of the case, SAP Permits up to ten percent (10%) of any particular
applicable standard of Miami 21 and/or the Regulating Plan except Density.
Intensity and Height, may be granted when doing so promotes the intent of the SAP
or particular Transect Zone where the proposal is located; is consistent with the
guiding principles of the SAP and/or Miami 21; and there is practical difficulty in
otherwise meeting the standards of the SAP, or when doing so promotes energy
conservation and Building sustainability. The inability to achieve maximum Density,
Height, or floor plate for the Transect shall not be considered grounds for the
granting of a SAP Permit. This SAP Permit cannot be combined with any other speci-
fied SAP Permit of the same standard.
b. SAP Permit review and approval process
1. The Zoning Administrator shall review each submitted application for a SAP
Permit for completeness within seven (7) days of receipt. Upon verification by
the Zoning Administrator, the application shall be referred to the Planning
Director. The Planning Director shall review each application for an SAP Permit
for consistency with the Regulating Plan, Concept Book, Development
Agreement, Miami 21 and the Miami Comprehensive Neighborhood Plan.
If the SAP Permit application involves a proiect in excess of two hundred
thousand (200,000) square feet of Habitable Rooms or Habitable Area, it shall
be referred to the Coordinated Review Committee (CRC), and it may be referred
to the Urban Development Review Board (UDRB). If the SAP Permit application
involves a project equal to or Tess than two hundred thousand (200,000) square
feet of Floor Area, it shall be reviewed by the Planning Director and the Zoning
Administrator without need for review by the Coordinated Review Committee,
unless the Planning Director determines that such review is necessary. If the
application is referred, the committee or board shall review the application and
provide its comments and recommendations to the Planning Director.
Where there is no referral to the Coordinated Review Committee, the Planning
Director shall issue an intended decision within thirty (30) calendar days of a
determination that the application is complete. Where there is referral to the
Coordinated Review Committee, the Planning Director shall issue an intended
decision within thirty (30) calendar days of the meeting of the Coordinated
Review Committee. 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 additional information regarding the
application. Within ten (10) calendar days of the conference, or if no conference
is requested, the Planning Director shall issue written findings and
determinations regarding the applicable criteria set forth in this section and any
other applicable regulations. The applicant and the Planning Director may
mutually consent to an extension of the time for issuance of the final decision.
44
DRAFT REGULATING PLAN DATED 8/16/17
MIAMI 21 ARTICLE 7 MIAMI JEWISH HEALTH SYSTEMS SAP
Submitted into the public
record f 9r itqm(s) C L , q
1n ?, I N 111 City Clerk
The findings and determinations shall be used to approve, approve with
conditions or deny the SAP Permit application.
2. 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 SAP, inclusive of its Regulating Plan, Concept Book,
approved Development Agreement, the Miami 21 Code and the Miami
Comprehensive Neighborhood Plan, as applicable. Conditional approvals shall
be issued when the application requires conditions in order to be found
consistent with the SAP, inclusive of its Regulating Plan, Concept Book,
approved Development Agreement, the Miami 21 Code and the Miami
Comprehensive Neighborhood Plan, as applicable. Denials of applications shall
be issued if, after conditions and safeguards have been considered, the
application still is inconsistent with the SAP, inclusive of its Regulating Plan,
Concept Book, approved Development Agreement, the Miami 21 Code and the
Miami Comprehensive Neighborhood Plan, as applicable. The decision of the
Director shall include an explanation of the Code and/or SAP requirements for
an appeal of the decision. The Director shall include a detailed basis for denial of
a SAP Permit.
3. SAP Permits shall be valid for a period of two (2) years during which a building
permit or Certificate of Use must be obtained. This excludes a demolition or
landscape permit. A one (1) time extension for a period not to exceed one (1)
additional year, may be obtained if approved by the Planning Director upon
written request by the applicant and subject to the equivalent fee to those
established in the Miami 21 Code and Chapter 62 of the City Code.
c. SAP Permit Review Criteria
As appropriate to the nature of the SAP Permit involved and the particular circumstances of the
case, the following criteria shall apply to a SAP Permit application. The application shall be
reviewed for consistency with the Regulating Plan, Concept Book, Development Agreement,
Miami 21 and the Miami Comprehensive Neighborhood Plan. The review shall consider the
intent of the SAP, the guiding principles of the Miami 21 Code, and the manner in which the
proposed Use will operate given its specific location and proximity to less intense Uses. The
review shall also apply Article 4, Table 12, Design Review Criteria of Miami 21, as applicable.
d. Appeal of SAP Permit to the Planning, Zoning, and Appeals Board
Applicant may file an appeal of the determination of the Planning Director which shall be de
novo and taken to the Planning, Zoning and Appeals Board (PZAB) and must state with
specificity the reasons for the basis of the appeal which will be presented to PZAB together with
payment of any required fee. An appeal shall be filed with the Hearing Boards Office within
fifteen (15) calendar days of the posting of decision by the Planning Director on the City's
website. The appeal may be filed only by the applicant or any person who is aggrieved by the
action of the PZAB. The PZAB shall determine whether the SAP Permit is upheld or rescinded.
45
MI/1 185141313v0
Submitted into the pub 'c7
record fq r itern(s) (i� q
DRAFT REGULATING PLAN DATED 8/16/17 on —�j' ��� City Clerk
MIAMI 21 ARTICLE 7 MIAMI JE`ivfISH HEALTH SYSTEMS SAP
The ruling of the PZAB may be further appealed to the City Commission, de novo and must be
filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance
of its ruling. The filing of the appeal shall state the specific reasons for such appeal, together
with payment of any required fee.
e. Modifications to a previously approved SAP Permit
An applicant may modify a SAP Permit approved under this Appendix, as a minor
modification through the SAP Permit process. Minor Modifications include, but are not
limited to:
i. Changes that conform with the Regulating Plan; or
ii. Changes in the project phasing.
In the event that the modification is determined to be "not minor" a new SAP Permit shall
be required.
7.3 FLEXIBLE ALLOCATION OF MJHS SAP DEVELOPMENT CAPACITY
Property within the MJHS SAP Area may be subiect to a Declaration of Restrictive Covenant(s) in
Lieu of Unity of Title in a form approved by the City and the City Attorney ("Covenant in Lieu"),
which document permits and facilitates the flexible allocation of Density and Intensity for sites
and parcels located in the MJHS SAP Area as long as the overall Height and Building mass
distribution for the entirety of the SAP Area is not out of scale or character with permitted
Building envelope(s). As described above, the Covenant in Lieu is consistent with: (i) the land
development regulations for the MJHS SAP Area contained in Miami 21; and (ii) the goals,
policies, and objectives of the Miami Comprehensive Neighborhood Plan.
Am1
Iwo
die
46
Submitted into the public
record f. r it n s) PIA q
on It11411.1 . City Clerk
Exhibit "C"
Concept Book
Please see Concept Book included in backup materials
Submitted into the publi
record f r it n(s) V Li cl
on �,� City Clerk
EXHIBIT "D"
Public Benefits
Miami Jewish Health Systems SAP
Development Agreement
Submitted into the pubic
record fur itch s)
on
City Clerk
MIAMI JEWISH HEALTH SYSTEMS
PUBLIC BENEFITS
New ALF
Literacy Program
Expand Security
Patrols to NE Miami
and rear of campus
Adding the ALF to target location will add
significant jobs to campus benefiting the local
residents. Additionally, added benefits for these
workers like; Tuition Reimbursement for
employed workers, Continuing Education (e.g.
Advanced Life Support Certification for RN's) of
staff for advancement and career development
training.
See Financial Impact
Study SAclPuded in
Coordinate and facilitate a literacy program for
adults within the surrounding community. This
would be in collaboration with other
organizations within the region like the Catholic
Diocese, United Way or Alphalit to name a few.
Scope and type of programs are not yet defined
and are dependent on community engagement.
Desire to offer
literacy classes to
approx. 50 people
quarterly. Estimated
costs range is
Approx. $250 per
person.
Total Est. $50,000
Currently the security patrols to North Miami are
limited to a fix schedules. With completion of the
new ALF, we would increase security patrols to
the NW and SW side of the campus benefiting
residences in those areas. Once the Institute is
developed, additional security in the 50th Terrace
area will also be increased.
MJHS will work with its security company to
ensure that minority hiring requirements are met,
as well as working with the City of Miami's
CareerSource South Florida Center to encourage
applicants from the targeted zip codes 33127,
33147, 33142, 33137, 33125, 33128, 33136,
33150, and 33138 where possible.
Estimated cost
$150 000
(Staff'cost,
equipment, _training,
benefits)
Bus Donation
On August 18, 2017, MJHS donated eight (8) buses to
Notre Dame D'Haiti Catholic Church, located in Little
Haiti.
2
Submitted into the publ}c
record for ite s) �1
on
11 q
t lI City Clerk MIAMI JEWISH HEALTH SYSTEMS
PUBLIC BENEFITS
Construction Hiring
MJHS is committed to hiring construction companies that comply with
both the Miami -Dade County and City of Miami minority hiring
requirements for the development of the campus under the Special Area
Plan
Current Employees
Currently, MJHS directly employs 935 individuals at the campus.
• 314 employees (33%) live within a 5 mile radius of the campus
• 527 employees (56%) live within a 10 mile radius of the campus
• 119 employees (13%) live within the targeted zip codes of codes
33127, 33147, 33142, 33137, 33125, 33128, 33136, 33150, and 33138
(Liberty City, Little Haiti, and Overtown)
MJHS is willing to work with the City of Miami's CareerSource South
Florida Center to encourage applicants from the tar eted zip codes codes
33127, 33147, 33142, 33137, 33125, 33128, 33136, 33150, and 33138
Minority Hiring
Practices
MJHS is a committed Equal Opportunity Employer as well as an active
Affirmative Action Plan participant. MJHS considers all qualified
applicants for available positions on the basis of their qualifications for
the position without regard to anyone's gender or minority group status.
If such a situation occurred where female or minority group
underutilization had been identified in a job category with an available
opening, then those factors would also be considered along with
qualifications in filling such an opening.
Vendors
MJHS currently engages 2,186 vendors for its campus.1,522 of these
vendors (71 %) of these vendors are local (Miami based vendors) and
MJHS is committed to maintaining and increasing the number of local
vendors, including minority -owned vendors.
3
Submitted into the pub
record f r itc n(s) ' '1
on 1 ly in• City Clerk MIAMI JEWISH HEALTH SYSTEMS
PUBLIC BENEFITS
Transportation
Miami Jewish Health Systems ("MJHS")
provides a fleet of over twenty (20) transportation
vehicles to service the patients from the
surrounding community. This service reduces the
neighborhood's reliance on public transportation,
and reduces the number of vehicles on the road as
multiple patients and patrons are transported
together. This service also provides greater
assistance and support for the frail and elderly
clients of MJHS. MJHS receives no trip fees or
collections for its transportation service.
$1,200,000
yearly
Security
MJHS employs uniformed security both within
the property and around the perimeter and
$825,244
yearly
surrounding neighborhood. In addition to the
uniformed security, MJHS has installed cameras
which survey the area and deter crime in the
neighborhood. Security patrols the perimeter and
outer areas of the adjacent neighborhood in a golf
cart which has deterred crime and increased the
sense of security for the neighborhood and
decreased patrol needs in the surrounding
neighborhood.
Medicaid
Subsidies
MJHS currently serves approximately 300 long
term care, Medicaid dependent patients daily.
The reimbursement from the Florida Long Term
Managed Care Program does not cover the entire
$1,095,000
yearly
cost of care, and leaves a $10.00 per patient, per
day deficit. Because these patients have no other
means to pay for this required care, MJHS
subsidizes the additional cost without
reimbursement.
South Florida
Guardianship
MJHS allows the South Florida Guardianship
Program to hold their monthly meetings in the
Community Room of our campus and provides
breakfast to attendees.
$5,000
annually
Clinical Trials
MJHS has a Clinical Trials & Research program
that provides free health screenings and testing
such as blood draws, EKG, MRIs, CT scans, etc.
$250,000
annually
i
i
1
4
1
Submitted into the publ'c
record for itei (s) vL. q
on IL IN (I 1 . City Clerk
MIAMI JEWISH HEALTH SYSTEMS
PUBLIC BENEFITS
to participants that come from local areas and
beyond (S FL)
Memory Program
The Girsh Program at Miami Jewish offers
residents in our community free memory
screenings to those who have early stage memory
disorders. This program also includes a support
group and space for the Community Alzheimer's
network to meet, all free of charge.
$150,000
annually
Law Enforcement
Discount Meal
Program
MJHS provides discounted meals to local law
enforcement officials to dine in our campus'
cafeteria.
$24,000
annually
Ministering to the
Elderly
For the past 21 years, Miami Jewish has hosted a
forum for professionals, spiritual leaders and any
other interested individuals to discuss caring for
the elderly and ways to enrich their lives. A
nominal fee is charged, however it does not cover
the cost of this event.
$4,440
annually
Clinical Education
Students in the clinical field (physicians, ARNPs,
nurses, CNAs) come to Miami Jewish from
various local colleges and universities are
provided access to patients and their records and
get hands-on training at no cost to them. MJHS
also offers trainings to those in or going in to the
clinical profession, free of charge.
$24,000
annually
HeartSaver CPR
MJHS is offering CPR classes to anyone in the
community, as we do for staff, at a discounted
rate.
$5,0000
annually
Career and Job
Opportunities
MJHS recently hosted Breath Through Miami
Career Day on our campus and provided lunch to
attendees.
$5,000
Clinical Training
MJHS frequently sponsors training events to
those going into a clinical or medical profession,
free of charge to attendees.
$20,000
annually
Health Services
Advisory Group -
National Nursing
Home Quality Care
Collaborative
Workshop
MJHS hosts, along with CMS, workshops geared
toward improving nursing home care. This event
targeted professionals in the nursing home
industry, professional caretakers of the elderly,
sick, those with dementia, etc.
$5000
Harmony
Healthcare's "The
Great Eight: Future
of C.A.R.E."
Seminar"
MJHS sponsored this seminar which provided
education for all Skilled Nursing Facility
providers.
$5000
Viccttim�Asssice
v
Workshop
MJHS hosted, on behalf of Nat'l Org for Victim
Assistance and LifeLock, a seminar for
professionals in the community to discuss cyber
safety.
$5000
5
Submitted into the pubic
record fof itet 1(s)
on It 114 1(1 . City Clerk
MIAMI JEWISH HEALTH SYSTEMS
PUBLIC BENEFITS
Community
MJHS provides opportunities for volunteers in
the community to attend a monthly event to
provide companionship, entertainment, and
various types of assistance to the elderly.
Students can obtain community service hours for
schooling.
$200,000
Connections /
Volunteer Program
Civic Space
MJHS will provide over one (1) acre of its
campus, along the perimeter, to provide the
public with civic space to congregate and enjoy
the neighborhood. The neighborhood lacks said
spaces, and MJHS will contribute to making the
area more pedestrian friendly.
$2,000,000
acre (one
time)
Internship
Programs
MJHS currently provides internships in
coordination with the following:
• Barry University
• Florida National University
• Florida International University
• Carlos Albizu University
• Miami -Dade College
• Center for Haitian Studies
• Faith Medical Institute
MJHS is committed to expanding its internship
programs and will work with the City of Miami's
CareerSource South Florida Center to encourage
applicants from the targeted zip codes codes
33127, 33147, 33142, 33137, 33125, 33128,
33136, 33150, and 33138
To be Determined
i
6
Submitted into the public
record foiliten (s) V Z,, q
on IL I ( City Clerk
Address: 71 NE 51 Street
Miami Jewish Health Systems SAP
Development Agreement
EXHIBIT "E"
Legal Description of 71 NE 51 Street
Legal Description: Tract E, Douglas Gardens Revised, according to the Plat thereof, as
recorded in Plat Book 123, Page 49, of the Public Records of Miami -Dade County, Florida.
Folio No.: 01-3124-040-0050
28
Submitted into the publ'
record foitet>j(s) Vt. 9
on i i i i4 I l i City Clerk
A
1
Address: 71 NE 51 Street
Miami Jewish Health Systems SAP
Development Agreement
EXHIBIT "E"
Legal Description of 71 NE 51 Street
Legal Description: Tract E, Douglas Gardens Revised, according to the Plat thereof, as
recorded in Plat Book 123, Page 49, of the Public Records of Miami -Dade County, Florida.
Folio No.: 01-3124-040-0050
-MI
28
1
Submitted into the public
record f ite (s) Z
�����r�
on L City Clerk
Miami Jewish Health Systems SAP
Development Agreement
Exhibit "F"
Joinder Form and Acknowledgement of Joinder
1
1
1
1
1
1
1
1
1
mg
-61
t
Submitted into the public
record fqr ite (s) �Z, 9
on I l 4I i . City Clerk
Exhibit "F"
ADDITIONAL PROPERTY TO DEVELOPMENT
AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT
OF JOINDER
This ADDITIONAL PROPERTY TO DEVELOPMENT AGREEMENT JOINDER
FORM ("Joinder Form") is executed this day of , 20_ by the
undersigned entity.
RECITALS
WHEREAS, the City has entered into a Development Agreement dated
20_, and recorded in the public records of Miami -Dade County, Book , Page
(the "Development Agreement") with the Developer as defined therein; and
WHEREAS, the Development Agreement secures certain benefits and obligations for
the mutual benefit of the City and the Developer, as set forth in the Development Agreement;
and
WHEREAS, the Development Agreement allows joinder of additional properties, when
said Developer acquires fee simple title to a Property not included in the Development
Agreement subsequent to the Effective Date of the Development Agreement; and
WHEREAS, the Development Agreement requires that Developer execute this joinder
form in order to incorporate any additional property into the Development Agreement; and
WHEREAS, the undersigned desires to enjoy the benefits conferred upon the Developer
under the Development Agreement, and in consideration for such benefits agrees to be bound by
the obligations imposed therein upon the Developer; and
WHEREAS, the undersigned owns property or a property interest in the Miami Jewish
Health Systems District, more particularly described in Exhibit " " attached hereto.
NOW THEREFORE, in consideration of the benefits conferred upon any Developer by
the aforementioned Development Agreement, and certifying that the above recitals are true and
correct, and incorporating such recitals herein, the undersigned does hereby execute this Joinder
Form and becomes an incorporated property pursuant to the Development Agreement.
There undersigned shall assume all of the benefits, and be bound, comply with, and
perform all of the obligations, as set forth in the Development Agreement and as applicable to
the property which the undersigned owns upon the adoption of a Zoning Atlas amendment to
Miami 21 designating the Miami Jewish Health Systems Special Area Plan. The undersigned
shall be obligated to the City for the benefit of the City, and the City shall have all rights and
remedies set forth in the Development Agreement to enforce the terms of the Development
MIA 185004812v1
Submitted into the public
record foi I'7
cs, qZ City Clerk
Agreement against the undersigned, to the extent applicable to the property owned by the
undersigned.
The undersigned also hereby represents that it has full power and authority to execute this
Joinder Form, and certifies to City that none of its owners or officers, nor any immediate family
member of any of such owners or officers, is also a member of any board, commission, or
agency of the City.
WITNESS [COMPANY/CORPORATION NAME]
Print Name:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this day of
20, by the , of
, a ; such person being
personally known to me or has produced as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission Number:
My Commission Expires:
MIA 185004812v1
Submitted into the public
record fqr 1itteln(s) V
on lt,11 .1 . City C
The City hereby acknowledges and consents to the joinder of the above signatory as an
additional property to the Development Agreement.
IN WITNESS hereof the Parties have caused this Joinder Form to be duly entered into
and signed as of the date written above.
CITY OF MIAMI, a municipal corporation
located within the State of Florida
By:
Daniel J. Alfonso
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
By:
Victoria Mendez
City Attorney
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20, by Daniel J. Alfonso, in his capacity as City Manager, on behalf of the City of Miami, a
municipal corporation, who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission Number:
My Commission Expires:
MIA 185004812v1