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Miami, FL 33133
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File Number: 5580 Final Action Date: 3/28/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO
ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS FOR
THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES (773,326 SQUARE FEET) FOR
THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF PARCELS
LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974,
6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4
COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288,
298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET,
AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; THE SAP
CONSISTS OF A PHASED PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATELY
2,630 RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEET OF TOTAL
DEVELOPMENT FLOOR LOT RATIO ("FLR") OF WHICH 370,000 SQUARE FEET OF FLR MAY
ONLY BE USED FOR PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528
SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MODIFY THE UNDERLYING
TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS
AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE
REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER BY
CHANGING THE ZONING CLASSIFICATION OF A PORTION OF THE ABOVE -REFERENCED
PROPERTIES FROM "D1," WORK PLACE ZONE, AND "T5-O," URBAN CORE TRANSECT
ZONE - OPEN, TO "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE
TRANSECT, AND "MCID-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT,
PURSUANT TO THE REGULATING PLAN AND CONCEPT BOOK ATTACHED HEREIN,
PROVIDED THAT THE "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE
TRANSECT SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED
THE SAME AS THE "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN, EXCEPT AS
OTHERWISE MODIFIED BY THE SAP AND THAT THE "MCID-2," MAGIC CITY INNOVATION
DISTRICT URBAN CORE TRANSECT, SHALL HAVE EQUIVALENT STANDARDS AND
CRITERIA AND BE REGULATED THE SAME AS THE "T6-24-0," URBAN CORE TRANSECT
ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Keon Hardemon
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING
CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES
(773,326 SQUARE FEET) FOR THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN
ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041
NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4
AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370
NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352,
353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401, AND 415
NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; THE SAP CONSISTS OF A PHASED
City of Miami Page 1 of 9 File ID: 5580 (Revision: C) Printed On: 3/4/2025
File ID: 5580 Enactment Number:
PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATELY 2,630 RESIDENTIAL
DWELLING UNITS AND 8,164,140 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT
RATIO ("FLR") OF WHICH 370,000 SQUARE FEET OF FLR MAY ONLY BE USED FOR
PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528 SQUARE FEET OF PUBLIC
OPEN SPACE; THE SAP WILL MODIFY THE UNDERLYING TRANSECT ZONE
REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A
REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND
RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; FURTHER BY CHANGING THE
ZONING CLASSIFICATION OF A PORTION OF THE ABOVE -REFERENCED PROPERTIES
FROM "D1," WORK PLACE ZONE, AND "T5-O," URBAN CORE TRANSECT ZONE - OPEN,
TO "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, AND "MCID-
2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, PURSUANT TO THE
REGULATING PLAN AND CONCEPT BOOK ATTACHED HEREIN, PROVIDED THAT THE
"MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT SHALL HAVE
EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE "T6-
12-0," URBAN CORE TRANSECT ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY
THE SAP AND THAT THE "MCID-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE
TRANSECT, SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE
REGULATED THE SAME AS THE "T6-24-0," URBAN CORE TRANSECT ZONE - OPEN,
EXCEPT AS OTHERWISE MODIFIED BY THE SAP; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 6001 and 6041 Northeast 2 Avenue,
5952, 5972, 5974, 6300, 6301, 6350, and 6380 Northeast 4 Avenue, 6200 and 6210 Northeast
4 Court, 270, 296, 334, 350, and 370 Northeast 60 Street, 228, 240, 250, 262, 270, 288, 298,
300, 301, 310, 320, 340, 352, 353, 365, 371, 372, and 382 Northeast 61 Street, and 200, 300,
401, and 415 Northeast 62 Street, Miami, Florida ("Properties") are currently zoned "T5-0,"
Urban Center- Open, and "D1," Work Place, on the Zoning Atlas of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, MCD Miami, LLC, a Delaware limited liability company, and co -applicants
as listed in Exhibit "D", attached and incorporated (collectively, "Applicant"), have submitted a
request to rezone the Properties through the process described in Article 3, Section 3.9 of the
Miami 21 Code, titled "Special Area Plans"; and
WHEREAS, the Applicant, through the Magic City Innovation District Special Area Plan
("Magic City SAP"), proposes to rezone a portion of the Properties to "MCID-1," Magic City
Innovation District Urban Core Transect, and "MCID-2," Magic City Innovation District Urban
Core Transect; and
WHEREAS, the proposed "MCID-1," Magic City Innovation District Urban Core Transect,
shall have the equivalent standards and criteria and be regulated the same as the "T6-12-0,"
Urban Core Transect - Open, except as otherwise modified by the Magic City SAP and the
proposed "MCID-2," Magic City Innovation District Urban Core Transect shall have the
equivalent standards and criteria and be regulated the same as the "T6-24-0," Urban Core
Transect - Open, except as otherwise modified by the Magic City SAP; and
City of Miami Page 2 of 9 File ID: 5580 (Revision: C) Printed on: 3/4/2025
File ID: 5580 Enactment Number:
WHEREAS, the western portion of 6001 Northeast 2 Avenue and the entirety of 6041
Northeast 2 Avenue, 228 Northeast 61 Street, and 200 Northeast 62 Street are subject to the
Historic Lemon City/Little Haiti Creole District Design Guidelines; and
WHEREAS, the Magic City SAP consists of approximately 17.75 acres of land, as more
particularly described in Exhibit "A," attached and incorporated; and
WHEREAS, the Magic City SAP is located in the eastern portion of the Little Haiti
neighborhood; and
WHEREAS, bounding the Magic City SAP on the northwest is the Little Haiti Soccer
Park, on the east is the Florida East Coast railroad and Palm Grove neighborhood, and on the
south is additional industrial space and the Little Haiti Cultural Complex; and
WHEREAS, the Properties contain mostly light industrial uses, a former trailer park site,
and the historic DuPuis Medical Office and Drugstore Building; and
WHEREAS, the Magic City SAP regulating plan proposes a regulatory framework that
would produce a minimum of 165,528 square feet of civic space and 8,164,140 square feet of
development consisting of:
(i) A theoretical development program providing 2,630 residential dwelling units;
2,208,540 square feet of office space; 520,970 square feet of commercial space;
201,600 square feet of hotel space; 119,610 square feet of exposition space;
6,081 parking spaces; or a combination thereof that may be updated; and
(ii) An additional 370,000 square feet that may only be utilized for additional surplus
parking as needed; and
WHEREAS, the Magic City SAP will facilitate the development of a mixed -use innovation
district comprised of the aforementioned uses; and
WHEREAS, the Magic City SAP will integrate public improvements and infrastructure
while providing greater flexibility resulting in a higher quality and specialized building and
streetscape design; and
WHEREAS, projects such as the Magic City SAP are important to the economic
revitalization and enhancement of the City of Miami ("City"), in general, and specifically the Little
Haiti area; and
WHEREAS, the Magic City SAP will create certain recurring and non -recurring financial
benefits as well as temporary and permanent jobs; and
WHEREAS, the Applicant has submitted a proposed Regulating Plan and Concept
Book, attached and incorporated as Exhibits "B" and "C," respectively, which have been
reviewed by the Planning Department; and
WHEREAS, the Planning Department recommends approval, with conditions, of the
Magic City SAP including the Regulating Plan and Concept Book, attached and incorporated
herein as Exhibits "B" and "C," respectively; and
WHEREAS, the Planning Department recommends the following conditions as part of
the Magic City SAP:
City of Miami Page 3 of 9 File ID: 5580 (Revision: C) Printed on: 3/4/2025
File ID: 5580 Enactment Number:
1) The development shall be substantially in accordance with the plans titled Magic City
SAP as prepared by Arquitectonica and Kimley Horn consisting of sixty-three (63)
pages, date stamped received by Hearing Boards on June 27, 2018, as most recently
updated on August 8, 2018.
2) The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City's building permit submittal process.
3) The Applicant shall permit public access to the Magic City SAP's Public Open Space 24
hours a day, seven (7) days a week. Closures shall only be permitted through the
Temporary Use Permit ("TUP") process delineated in Chapter 62 of the Code of the City
of Miami, Florida, as amended.
4) The Applicant, owner, or successor will provide a landscape plan prepared by a certified
landscape architect to be submitted to the Planning Department for approval.
5) The Applicant, owner, or successor shall provide a minimum of seven percent (7%) of its
units as Affordable housing units serving residents at or below sixty percent (60%) area
median income ("AMI") and fourteen percent (14%) of its units as Workforce housing
units serving residents at or below one hundred twenty percent (120%) AMI.
6) The Applicant, owner, or successor must meet all applicable building codes, land
development regulations, ordinances, and other laws and pay all applicable fees due
prior to the issuance of any building permit including a phased permit.
7) The Applicant, owner, or successor must comply with all applicable regulations of
Chapter 24 of the Miami -Dade County Code, as amended, titled "Environmental
Regulations".
8) The Applicant, owner, or successor must allow the Police Department ("MPD") to
conduct a security survey, at the MPD's discretion, to make recommendations
concerning security measures and systems. The Applicant shall further submit a report
to the Planning Department, prior to commencement of construction, demonstrating how
the MPD recommendations, if any, have been incorporated into the Magic City SAP's
security and construction plans or demonstrate to the Planning Director why such
recommendations are impractical.
9) The Applicant, owner, or successor shall obtain approval or provide a letter from the
Department of Fire -Rescue ("Fire") indicating the Applicant's coordination with members
of the Fire Plan Review Section in the review of the scope of the Magic City SAP, owner
responsibility, building development process, and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access, and
water supply.
10) The Applicant, owner, or successor shall obtain approval or provide a letter of assurance
from the Department of Solid Waste that the Magic City SAP has addressed all concerns
of said Department prior to obtaining a building permit including a phased permit.
11) The Applicant, owner, or successor shall show compliance with the Minority Participation
and Employment Plan (including a Contractor/Subcontractor Participation Plan), which
shall be submitted to the City prior to the issuance of any building permit including a
phased permit. The Applicant, owner, or successor shall follow the provisions of the
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City's Minority Women Business Affairs and Procurement Program as a guide, as
applicable.
12) The Applicant, owner, or successor shall record the following in the Public Records of
Miami -Dade County, Florida, prior to the issuance of any building permit including a
phased permit:
a. Declaration of Covenants and Restrictions providing that the ownership,
operation, and maintenance of all Civic and Open Spaces and any related
improvements located thereon shall be the responsibility the property
owner(s), their successor(s), or their designee in perpetuity; and
b. Unity of Title or a Covenant in Lieu of a Unity of Title, if applicable, subject to
the review and approval of the City Attorney's Office.
13)The Applicant, owner, or successor shall provide the Planning Department with a
temporary construction plan that addresses construction phasing and includes the
following elements:
a. Temporary construction parking plan with an enforcement policy;
b. Construction noise management plan with an enforcement policy; and
c. Maintenance plan for the temporary construction site. Said plan shall be
subject to the review and approval by the Planning Department prior to the
issuance of any building permit(s), including phased permits, and shall be
enforced during all construction activity. All construction activity shall remain
in full compliance with the provisions of the submitted construction plan.
Failure to comply may lead to a suspension of the Magic City SAP until such
construction plan(s) is complied with.
14) As applicable, the Applicant, owner, or successor and others, as defined in the Magic
City SAP, shall be responsible for securing the City's approval for any change or
modification to the approved temporary construction plan. Request for approval of any
change or modification to the previously approved temporary construction plan shall be
submitted for review and approved no later than two (2) weeks prior to implementation of
a requested change or modification.
15) Prior to the issuance of any building permit including a phased permit, the Applicant,
owner, or successor shall provide the Planning Department for review and approval:
a. Environmental Impact Statement and final reports for the lots included in the
Magic City SAP site.
b. Current and complete survey with acreage of all lots included in the Magic City
SAP site.
c. Updated Sufficiency Letter from the Office of Capital Improvements.
d. Final determination of Public School Concurrency and Capacity Reservation.
e. Conservation Assessment Report (Project is located within a high Archeological
Probability Zone).
f. Proof of compliance with conditions established by the following departments or
agencies:
•
•
•
City's Department of Resilience and Public Works;
Miami -Dade County ("County") Transportation and Public Works
Department;
County Water and Sewer Department;
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• County Traffic Engineering Division;
• Florida Department of Transportation ("FDOT").
16) The Magic City SAP includes a Development Review Process, which addresses the
build out of the project as identified in the Regulating Plan. All development within the
Magic City SAP shall be submitted for review and approval by the Planning Director prior
to the issuance of any building permit, including phased permits, consistent with the
requirements of Section 3.9.1.g. of the Miami 21 Code and the Magic City SAP.
17) If the project is to be developed in phases and/or individual specific projects, the
Applicant shall submit an interim plan, including a landscape plan developed in
compliance with Article 9 of the Miami 21 Code that addresses design details for the
land occupying future phases of this Project. In the event that the future phases are not
developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
18) The Applicant, owner, or successor shall meet conditions identified in this Ordinance
with the Magic City SAP and all applicable local, state, and federal regulations.
19) Within ninety (90) days of the effective date of this Ordinance, the Applicant, owner, or
successor shall record a certified copy of the Development Agreement specifying that
the Development Agreement runs with the land and is binding on the Applicant, its
successors, and assigns, jointly or severally.
20) The Applicant, owner, or successor shall comply with the recommendations of the Urban
Development Review Board ("UDRB").
21) Prior to approval at City Commission, the Applicant shall identify an anchor educational
institution to partner with as the Magic City SAP develops.
22) The Applicant shall remove the "Park Impact Fee Credit" language from Section 16 of
the Development Agreement.
23)The By -Right height of "MCID-2," Magic City Innovation District-2, shall be limited to
twelve (12) stories.
24)A minimum of twenty percent (20%) of the proposed Retail Merchandising Units shall be
reserved for new, locally owned startup businesses.
25) The Applicant, owner, or successor shall permit the Planning Department an opportunity
to adequately peer review the Magic City SAP's Economic Impact Analysis prior to
Second Reading at the City Commission.
26) The Applicant, owner, or successor shall provide more dynamic transportation control
measures including, but not limited to, providing transit passes to employees hired
through the local hiring requirements of the Development Agreement.
27) The Applicant, owner, or successor shall obtain an approved Tentative Plat for the Magic
City SAP prior to Second Reading at the City Commission.
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28)The Applicant, owner, or successor shall dedicate a minimum of 9,170 square feet of
land to the City in close proximity to the Magic City SAP to be zoned "CS," Civic Space,
in satisfaction of the City's no net loss of parkland policy.
29) The Applicant, owner, or successor shall obtain a certificate to dig prior to any ground
disturbing work.
30) Section 12 of the Development Agreement, titled "Environmental", shall require tree
plantings and a maintenance plan to be approved by a City arborist.
31) Section 16 of the Development Agreement, titled "Public Benefits", shall be expanded to
include classes or workshops on entrepreneurship.
32) Section 16 of the Development Agreement, titled "Public Benefits", shall provide for a
mechanism to increase the Public Benefit contribution cost per square foot on an annual
basis. This increase shall be tied to annual increases in market value of the per square
foot price being charged for units in projects within the Little Haiti Neighborhood.
33) The Applicant shall revise the proposed Comprehensive Plan amendment from a
request for Restricted Commercial to a request for General Commercial, which permits
additional light industrial uses such as warehousing; distribution; transport related to
services, light manufacturing, and assembly; and other activities whose scale of
operation and land use impacts are similar to those uses described above.
34) The Applicant, owner, or successor shall propose specific resilience measures that will
apply to the Magic City SAP. Those measures shall be reviewed by the Department of
Resilience and Public Works prior to Second Reading at the City Commission.
35) The Applicant, owner, or successor shall address all inconsistencies of the companion
Comprehensive Plan Amendment (File ID 4458) analysis prior to Second Reading at the
City Commission; and
WHEREAS, the evolution of the Magic City SAP's development agreement through the
public hearing process may address the aforementioned conditions; and
WHEREAS, the Applicant voluntarily proffered an additional condition to limit the Magic
City SAP to two (2) Retail Specialty Centers, which would limit the number of By Right alcohol
licenses to ten (10) total; and
WHEREAS, the Magic City SAP will initially be permitted to have only three (3) alcohol
licenses and may increase the amount of alcohol licenses by one (1) each year until the total
maximum of ten (10) alcohol licenses are reached; and
WHEREAS, only one (1) alcohol license shall be used for an alcohol service
establishment to be open until 5:00 a.m.; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on July 18, 2018,
following an advertised public hearing, adopted Resolution No. PZAB-R-18-037 by a vote of
seven to two (7 - 2), Item No. PZAB.13, recommending approval with conditions of the Magic
City SAP; and
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WHEREAS, the City Commission has considered the relationship of the Magic City SAP
to the goals, objectives, and policies of the Comprehensive Plan, the Miami 21 Code, and other
City regulations; and
WHEREAS, the City Commission has considered the need and justification for the Magic
City SAP, including changed or changing conditions that make the passage of the Magic City
SAP necessary; and
WHEREAS, the Magic City SAP maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHERAS, after careful consideration, the City Commission deems it advisable and in
the best interest of the general welfare of the City and its residents to approve with conditions
the Magic City SAP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended
to reflect the adoption of the Magic City SAP by changing the zoning classification of a portion of
the Properties from "T5-O," Urban Center Transect Zone — Open, and "D1," Work Place, to
"MCID-1," Magic City Innovation District — Urban Core Zone, and "MCID-2," Magic City
Innovation District - Urban Core Zone, for the Properties as more particularly described in
Exhibit "A", attached and incorporated, and as set forth in the Magic City SAP materials.
Section 3. The Magic City SAP, including the Regulating Plan, attached and
incorporated as Exhibit "B", and the Concept Book, attached and incorporated as Exhibit "C",
are approved subject to the conditions specified herein in this Ordinance and the Miami 21
Code.
Section 4. The City Commission makes the following findings of fact:
a. The Magic City SAP is consistent with the Miami Comprehensive Neighborhood
Plan, as amended;
b. The Magic City SAP conforms to the requirements of the Miami 21 Code;
c. The Magic City SAP will have a favorable impact on the economy of the City;
d. The Magic City SAP will efficiently use public transportation facilities;
e. Any potentially adverse effects of the development will be mitigated through
compliance with the conditions of the Magic City SAP as stated herein;
f. The Magic City SAP will efficiently use existing public and civic spaces;
g. The Magic City SAP will not negatively impact the environment or any natural
resources of the City;
h. The Magic City SAP will not adversely affect living conditions in the neighborhood;
i. The Magic City SAP will not adversely affect public safety; and
j. The public welfare will be served by the Magic City SAP.
Section 5. The Regulating Plan and Concept Book for the Magic City SAP, attached and
incorporated as Exhibit "B" and Exhibit "C," respectively, and which were submitted to the
Hearing Boards Section of the Planning Department on June 27, 2018 and updated on
City of Miami Page 8 of 9 File ID: 5580 (Revision: C) Printed on: 3/4/2025
File ID: 5580 Enactment Number:
September 5, 2018 and on February 28, 2019, shall be relied upon generally for administrative
interpretations.
Section 6. The conditions as recommended by the Planning Department and stated
herein in this Ordinance are incorporated and adopted as conditions of the City Commission
with the exceptions of condition #5 related to the provision of Affordable and Workforce housing,
which is replaced by the Applicant providing thirty-one million dollars ($31,000,000.00) as more
specifically described in the Development Agreement and condition #32 related to an annual
increase for contributions to Public Benefits in the Development Agreement.
Section 7. The condition proffered by the Applicant limiting the Magic City SAP to two
(2) Retail Specialty Centers, which would limit the number of By Right alcohol licenses to ten
(10) total with the Magic City SAP initially permitted to have three (3) alcohol licenses which
may increase by one (1) alcohol license each year until the total maximum of ten (10) alcohol
licenses are reached, and only one (1) alcohol license to be used for an alcohol service
establishment to be open until 5:00 a.m., is incorporated and adopted as an additional condition
of the City Commission.
Section 8. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 9. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 10. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
Statutes, and Section 163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor
3/5/2019 Barnaby I_. Min, Deputy City Attorney 3/19/2019
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 9 of 9 File ID: 5580 (Revision: C) Printed on: 3/4/2025