HomeMy WebLinkAboutPre-publication Submittal - Feb. 28, 2019 Magic City SAP Letter Package Delivered to Clerk on the Recordakerman
February 28, 2019
Via Hand Delivery
Mr. Todd B. Hannon, City Clerk
City of Miami
3500 Pan American Drive
Miami, FL 33133
Neisen O. Kasdin
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
T: 305 374 5600
F: 305 374 5095
Mr. Francisco Garcia, Planning Director
City of Miami
3500 Pan American Drive
Miami, FL 33133
RE: Magic City Innovation District Special Area Plan —
Updated Development Agreement and Regulating Plan;
Remaining Corrections to Scrivener's Errors in Draft Ordinances
Dear Messrs. Hannon and Garcia:
Akerman LLP is land use counsel to MCD Miami, LLC and its affiliate co -applicants
(collectively, the "Applicant"), the owners of thirty-seven (37) abutting parcels located on the site of the
former Magic City trailer park and in the surrounding warehouse district, which are proposed to be
included in the Magic City Innovation District Special Area Plan (the "Magic City SAP").
The Magic City SAP and its companion Comprehensive Plan (FLUM) Amendment application
are scheduled to be heard on first reading by the City Commission on Thursday, February 28, 2019,
having been continued to this date from the prior first reading hearing held on November 15, 2018. Since
the November 15, 2018 hearing, there have been updates to the Magic City SAP Development Agreement
and Regulating Plan. Further, we have reviewed the published Magic City SAP agenda materials for the
February 28, 2019 hearing, including draft Ordinances, and respectfully request that the remaining
scrivener's errors identified below be corrected in the record.'
L Updated Development Agreement and Regulating Plan
• Attached at Exhibit A is a copy of the current Development Agreement for the Magic City SAP,
which has been updated since the previous November 15, 2018 City Commission hearing.
• Attached at Exhibit B is a copy of the current Regulating Plan for the Magic City SAP, which
also has been updated since the previous November 15, 2018 City Commission hearing.
IL Development Agreement Ordinance Materials — City File No. 4716
• At the fourth (4th) WHEREAS clause of the draft Ordinance approving the Development
Agreement, reference to 2,662 residential units should be corrected to 2,630. See Exhibit C
hereto for a hand mark-up.
' Note that we previously identified these scrivener's errors in a similar letter delivered on the record at the
November 15, 2018 City Commission hearing. In addition to the copies attached as exhibits to this letter, we will be
distributing eight (8) additional copies of this letter and attachments at the hearing.
Magic City Innovation District SAP —
Updated Development Agreement and Regulating Plan;
Remaining Scrivener's Errors in Draft Ordinances
February 28, 2019
Page 2
III. SAP Ordinance Materials — File No. 4668
• As shown on the hand mark-up at Exhibit D hereto:
o In the draft Ordinance title (on the City Commission agenda, City Commission fact sheet
and the Ordinance itself):
• Reference to the total square footage should be corrected from 773,190
(approximation from 17.75 acres) to 773,326 (actual surveyed lot area).
• Reference to 2,662 residential units should be corrected to 2,630.
o The third (3rd) WHEREAS clause in the draft Ordinance should be clarified to read as
follows: "...to "MCID-1" and "MCID-2," Magic City Innovation District Urban Core
Zone; and".
o The ninth (9th) WHEREAS clause in the draft Ordinance should be redrafted as shown in
the hand mark-up at Exhibit D to clarify that the Magic City SAP is capped overall at
8,164,140 sq. ft. of cumulative floor area, which includes 370,000 sq. ft. of surplus
parking floor area over the base development of 7,794,140 sq. ft., and with 2,630
residential units proposed, mirroring the Ordinance title, to read as follows:
• "WHEREAS, the Magic City SAP proposes approximately 8,164,140 square feet
of development which includes a proposed 2,630 residential dwelling units and
370,000 square feet that may only be utilized for additional surplus parking as
needed; and in addition proposes a minimum of 165,528 square feet of civic
space; and".
o The fifteenth (15th) WHEREAS clause should be updated to reference both "Exhibit B"
(Regulating Plan) and "Exhibit C" (Concept Book).
o At the sixteenth (16th) WHEREAS clause of the draft Ordinance, the first (1st) condition
should be updated to read as follows:
• "The development shall be substantially in accordance with the plans titled
Magic City SAP as prepared by Arquitectonica and Kimley Horn, attached at
Exhibit "C", consisting of sixty-three (63) pages, dated June 20, 2018, and date
stamped received by Hearing Boards on June 21, 2018 (with certain sheets last
date stamped received on August 8, 2018), as most recently submitted to Hearing
Boards on September 5, 2018".
o At the sixteenth (16th) WHEREAS clause of the draft Ordinance, the third (3rd)
condition regarding park open hours should be deleted entirely, as this has been
addressed in the Development Agreement.
o Generally, the conditions listed at the sixteenth (16th) WHEREAS clause of the draft
Ordinance should be updated, and many removed/deleted, based on the Applicant's
resolution/satisfaction of many conditions as stated in the corresponding Planning
Department memorandum included at Exhibit D hereto (and also included in the City's
Magic City SAP legislative files).
o At Section 2 of the draft Ordinance, it should be clarified that Miami 21 will be updated
to reflect the adoption of the Magic City SAP itself, and also that only a portion of the
properties will be rezoned from T5-O or DI to MCID-1 or MCID-2, as applicable, by
being re -written as follows:
• "The Zoning Atlas of Ordinance No. 13114, as amended, is further amended to
reflect the approval of the Magic City SAP hereby, as more particularly
described on Exhibit "A," attached and incorporated, including 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" and "MCID-2,"
Magic City Innovation District Urban Core Zone, as set forth in the Concept
Magic City Innovation District SAP —
Updated Development Agreement and Regulating Plan;
Remaining Scrivener's Errors in Draft Ordinances
February 28, 2019
Page 3
Book and the final Magic City SAP application materials submitted to Hearing
Boards."
o At Section 5 of the draft Ordinance, reference to May 18, 2018 should be corrected to
June 27, 2018, and language should be added indicating the Regulating Plan and Concept
Book were updated with most recent submittals to Hearing Boards on September 5, 2018
for the Concept Book and February 28, 2019 for the Regulating Plan.
Sincerely,
Neisen O. Kasdin
Enclosures
cc: Devin Cejas
Jacqueline Ellis
Sue Trone
David Snow
Joe Eisenberg
EXHIBIT A
Updated Development Agreement
See attached.
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
MIAMI, FLORIDA AND MCD MIAMI, LLC, MAGIC CITY
PROPERTIES I, LLC, MAGIC CITY PROPERTIES II, LLC,
MAGIC CITY PROPERTIES III, LLC, MAGIC CITY
PROPERTIES IV, LLC, MAGIC CITY PROPERTIES V,
LLC, MAGIC CITY PROPERTIES VI, LLC, MAGIC CITY
PROPERTIES VII, LLC, MAGIC CITY PROPERTIES VIII,
LLC, MAGIC CITY PROPERTIES IX, LLC, MAGIC CITY
PROPERTIES X, LLC, MAGIC CITY PROPERTIES XI,
LLC, MAGIC CITY PROPERTIES XIV, LLC, MAGIC CITY
PROPERTIES XV, LLC, MAGIC CITY PROPERTIES XVI,
LLC, MAGIC CITY PROPERTIES XVII, LLC, MAGIC
CITY PROPERTIES XVIII, LLC, MAGIC CITY
PROPERTIES XIX, LLC, MAGIC CITY PROPERTIES XX,
LLC, MAGIC CITY PROPERTIES XXI, LLC, MAGIC CITY
PROPERTIES XXII, LLC, MAGIC CITY PROPERTIES
XXIII, LLC, MAGIC CITY PROPERTIES XXIV, LLC,
MAGIC CITY PROPERTIES XXV, LLC, DRAGON
GLOBAL MIAMI REAL ESTATE INVESTMENTS, LLC,
LEMON CITY GROUP, LLC AND IMPERIAL CAPITAL
GROUP, LLC, REGARDING APPROVAL OF THE MAGIC
CITY INNOVATION DISTRICT SPECIAL AREA PLAN
AND RELATED DEVELOPMENT
This is a Development Agreement ("Agreement") made this day of ,
2018, by and between and (i) the City of Miami, Florida, a municipal corporation and a political
subdivision of the State of Florida (the "City"), and (ii) MCD Miami, LLC, a Delaware limited
liability company, Magic City Properties I, LLC, a Delaware limited liability company, Magic
City Properties II, LLC, a Delaware limited liability company, Magic City Properties III, LLC, a
Delaware limited liability company, Magic City Properties IV, LLC, a Delaware limited liability
company, Magic City Properties V, LLC, a Delaware limited liability company, Magic City
Properties VI, LLC, a Delaware limited liability company, Magic City Properties VII, LLC, a
Delaware limited liability company, Magic City Properties VIII, LLC, a Delaware limited
liability company, Magic City Properties IX, LLC, a Delaware limited liability company, Magic
City Properties X, LLC, a Delaware limited liability company, Magic City Properties XI, LLC, a
Delaware limited liability company, Magic City Properties XIV, LLC, a Delaware limited
liability company, Magic City Properties XV, LLC, a Delaware limited liability company, Magic
City Properties XVI, LLC, a Delaware limited liability company, Magic City Properties XVII,
LLC, a Delaware limited liability company, Magic City Properties XVIII, LLC, a Delaware
limited liability company, Magic City Properties XIX, LLC, a Delaware limited liability
company, Magic City Properties XX, LLC, a Delaware limited liability company, Magic City
Properties XXI, LLC, a Delaware limited liability company, Magic City Properties XXII, LLC, a
Delaware limited liability company, Magic City Properties XXIII, LLC, a Delaware limited
liability company, Magic City Properties XXIV, LLC, a Delaware limited liability company,
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
Magic City Properties XXV, LLC, a Delaware limited liability company, Dragon Global Miami
Real Estate Investments, LLC, a Florida limited liability company, Lemon City Group, LLC, a
Florida limited liability company, and Imperial Capital Group, LLC, a Florida limited liability
company (collectively, the "Developer"). The City and the Developer are together referred to
herein as the "Parties".
WHEREAS, the Developer is the fee simple owner of approximately seventeen point
seventy-five (17.75) acres of abutting land located in the Little Haiti neighborhood of the City
(collectively, the "SAP Area" or "SAP Property"); and
WHEREAS, the location of the SAP Area within the jurisdictional boundaries of the
City is shown in detail on the aerial map, along with corresponding addresses and legal
descriptions, attached at Exhibit "A"; and
WHEREAS, the SAP Area is currently underutilized, consisting of either (i) vacant and
underdeveloped lots, or (ii) outdated (and often dilapidated) low-rise warehouse and light
industrial structures which do not contribute to pedestrian activity or contemporary commercial
and retail growth, given the SAP Property's central location within the City and its proximity to
the popular Little Haiti Soccer Park; and
WHEREAS, the revitalization of SAP Area is consistent with the City's vision to foster
vibrant entrepreneurial and pedestrian -oriented communities that will attract residents, visitors
and businesses alike; and
WHEREAS, the Developer wishes to contribute to the revitalization of the SAP Area
and surrounding communities by redeveloping the SAP Property into a pedestrian -oriented,
mixed -use urban campus with an eclectic mix of uses that integrates future mass transit options
and will make the SAP Area a premier destination for innovation, technology, entrepreneurship,
entertainment, art and culture, education, wellness and other creative enterprises to be known as
the Magic City Innovation District; and
WHEREAS, the current underutilized status of the SAP Property is inconsistent with the
City's visions for revitalization of the local community and of supporting innovation and
entrepreneurship in technology, and the City seeks to encourage purposeful revitalization and the
development of such uses within the SAP Area; and
WHEREAS, the Developer wishes to contribute to the local community by providing
approximately 3.8 acres of public Open Space/Civic Space Type (as defined in Miami 21) within
the SAP Area, including the development of an approximately 2.18 acre centralized, state-of-the-
art public pedestrian promenade spanning the length of the SAP Area (the "Promenade du
Grand Bois"); and
WHEREAS, the SAP Property is currently designated either Light Industrial, Medium
Density Restricted Commercial or Restricted Commercial on the City's Future Land Use Map,
according to the Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"); and
WHEREAS, the SAP Property is currently zoned either D1 (Work Place) or T5-O
(Urban Center), according to the Zoning Atlas of the Miami 21 Zoning Code ("Miami 21"); and
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
WHEREAS, the City, under the "Special Area Plan" process outlined at Section 3.9 of
Miami 21, 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; and
WHEREAS, the Developer seeks to have the SAP Area rezoned to the Magic City
Innovation District Special Area Plan (the "SAP"), as described in greater detail in the SAP's
Regulating Plan attached at Exhibit "B" (the "Regulating Plan") and Concept Book attached at
Exhibit "C" (the "Concept Book"), both submitted to the City in connection therewith;
WHEREAS, in connection with the SAP Area's rezoning to the SAP, the Developer
seeks to have (i) the Comprehensive Plan's Future Land Use Map designations of certain (but
not all) of the SAP Property amended from the current designations of Light Industrial or
Medium Density Restricted Commercial, as applicable, to General Commercial, as illustrated on
Concept Book Sheets 11-14, and (ii) the Transect Zone designations of certain (but not all) of
the SAP Property amended from the current designations of T5-O and D 1, as applicable, to
MCID-1 or MCID-2, as applicable, as illustrated on Concept Book Sheets 15-18 and described
in detail in the Regulating Plan;
WHEREAS, on January 12, 2018, the Developer filed an application with the City for
approval of the SAP in order to develop the SAP Area in phases as a pedestrian -oriented, mixed -
use project with a range of office, commercial/retail, residential and lodging uses focused on
innovation, technology, entrepreneurship, entertainment, art, culture, education, wellness and
other creative enterprises, and which will include a substantial public Open Space/Civic Space
Type component open to the community (collectively, the "Project"); and
WHEREAS, Chapter 163, Sections 163.3220-163.3243, Florida Statutes (2018), "The
Florida Local Government Development Agreement Act", 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, as a condition to the City's final approval of the SAP, the Developer and
the City must enter into and record a development agreement pursuant to Section 3.9.1.f of
Miami 21; and
WHEREAS, the lack of certainty in the development approval process can result in a
waste of economic and land resources, discourage sound capital improvement planning and
financing, escalate the cost of housing and development, and discourage commitment to
comprehensive planning; and
WHEREAS, assurance to the 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
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
WHEREAS, the City Commission pursuant to Ordinance No. 19-
adopted on , 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 all Parties and
thus adequate consideration for this Agreement.
2. Rules of Legal Construction. 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;
(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 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.
"Assumption" has the meaning given in Section 31 of this Agreement.
"CBE" has the meaning given in Section 16(f) of this Agreement.
"CSBE" has the meaning given in Section 16(f) of this Agreement.
"CDD" has the meaning given in Section 30 of this Agreement.
"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.
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
"City Charter" means the municipal Charter of the City of Miami, as amended through
and in effect on the Effective Date.
"City Code" means the City of Miami Code of Ordinances, as amended through and in
effect on the Effective Date.
"City Manager" means the City Manager of the City or his or her designee.
"Comprehensive Plan" as introduced in the Recitals to this Agreement, means the local
government comprehensive plan known as the Miami Comprehensive Neighborhood
Plan, adopted by the City pursuant to Chapter 163, Florida Statutes (2018), meeting the
requirements of Section 163.3177, Florida Statutes (2018), Section 163.3178, Florida
Statutes (2018) and Section 163.3221(2), Florida Statutes (2018), which are in effect as
of the Effective Date.
"Community Benefit Contribution" has the meaning given in Section 16(b) of this
Agreement.
"Concept Book" as introduced in the Recitals to this Agreement, means the illustrative
Concept Book for the SAP approved by the City, consisting of plans, drawings and
diagrams for the SAP, attached hereto at Exhibit "C", as the same may be amended.
"Concerned Leaders of Little Haiti" means the Concerned Leaders of Little Haiti, a
Florida unincorporated not -for -profit association.
"Contractors" has the meaning given in Section 16(f) of this Agreement.
"County" means Miami -Dade County, a political subdivision of the State of Florida.
"Developer" has the meaning given in the Preamble to this Agreement.
"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 Section 163.3221(4)
Florida Statutes (2018).
"Development Permit" includes any building permit, zoning permit or approval,
subdivision approval, rezoning, certification, special exception, variance or any other
official action or approval of local government having the effect of permitting or
authorizing the development of Land.
"Effective Date" means the date of recordation of this fully -executed Agreement in the
Public Records of the County.
"Existing Zoning" is (i) the Miami 21 Code, January 2018, as amended through and in
effect on the Effective Date, and specifically including the Regulating Plan, Concept
Book and this Agreement approved for the SAP, incorporating any modifications to the
Transect Zone designations and Development standards applicable to the SAP Area
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
under the Regulating Plan, Concept Book and this Agreement; and (ii) the provisions of
the City Charter and City Code which regulate development, as amended through and in
effect on the Effective Date, which together comprise the effective land development
regulations governing Development of the SAP Area as of the Effective Date.
"First Approval Benefit Contribution" has the meaning given in Section 16(b) of this
Agreement.
"Initial Benefit Contributions" has the meaning given in Section 16(b) of this
Agreement.
"Initial Benefit Contribution Floor Area" has the meaning given in Section 16(b) of
this Agreement.
"Land" means the earth, water, and air, above, below, or on the surface and includes any
improvements or structures customarily regarded as land.
"Laws" means all ordinances, resolutions, regulations, comprehensive plans, land
development regulations and rules adopted by a local government affecting the
development of Land.
"Little Haiti Community Revitalization Trust" has the meaning given in Section 16(b)
of this Agreement.
"Miami 21" as introduced in the Recitals to this Agreement, means the Miami 21 Code,
the Zoning Ordinance of the City, enacted by City Ordinance No. 13114, as amended
through and in effect on the Effective Date.
"Minimum Public Open Space" has the meaning given in Section 16(a) of this
Agreement.
"Parking Management Program" has the meaning given in Section 19 of this
Agreement.
"Parties" has the meaning given in the Preamble to this Agreement. The term Parties
shall also include the successors, grantees, heirs and assigns, as applicable, of any Party.
"Permanent Parking Facilities" has the meaning given in Section 19(b) of this
Agreement.
"Planning Director" means the Director of the City's Planning Department or his or her
successor or designee.
"Project" has the meaning given in the Recitals to this Agreement.
"Promenade du Grand Bois" as introduced in the Recitals to this Agreement, means the
approximately 2.18 acre privately -owned Public Open Space and Civic Space Type (as
defined in Miami 21) intended to provide enhanced connectivity and commercial and
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
non-commercial activation within the SAP Area, as illustrated in greater detail in the
Concept Book and Regulating Plan.
"Property Interest" means any interest or rights in any SAP Property, including without
limitation, fee simple or other ownership, leasehold, master covenant, condominium,
transferable development right, air right, easement or license interests or rights.
"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.
"Public Open Space" collectively means those certain areas designated by the
Developer within the SAP Area for Open Space (as defined in Miami 21), centralized
public Open Space and/or Civic Space Types (as defined in Miami 21), consisting of
approximately 3.8 acres in total and as illustrated in detail in the Concept Book. Public
Open Space shall generally be unimproved by permanent buildings, open to the sky and
reserved for public use, as further provided and modified by this Agreement, the Concept
Book and Regulating Plan. Public Open Space specifically includes the Promenade du
Grand Bois.
"Regulating Plan" as introduced in the Recitals to this Agreement, means the
Regulating Plan for the SAP approved by the City, consisting of specific modifications to
Miami 21 and applicable to all Development within the SAP Area, attached hereto at
Exhibit "B", as the same may be amended.
"SAP" as introduced in the Recitals to this Agreement, means the Magic City Innovation
District Special Area Plan, inclusive of the Regulating Plan, Concept Book and this
Agreement where applicable.
"SAP Area" or "SAP Property" has the meaning given in the Recitals to this
Agreement.
"SAP Campus Zone" means each of the four (4) SAP campus zones delineated on Sheet
22 of the Concept Book and also described as follows:
• Le Marche DuPuis: The western corridor SAP Campus Zone containing all the
SAP Property with T5-O Transect Zone designations and located adjacent to NE
2nd Avenue.
• Les Bureaux: The western core SAP Campus Zone containing all the SAP
Property with MCID-1 Transect Zone designations located west of the central
MCID-2 Transect Zone area.
• Les Residences: The central core SAP Campus Zone containing all the SAP
Property with MCID-2 Transect Zone designations, and also the SAP Property
with D 1 Transect Zone designations located south of NE 60th Street.
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
• Les Ateliers: The eastern core SAP Campus Zone, containing all the SAP
Property with MCID-1 and D1 Transect Zone designations located east of the
central MCID-2 Transect Zone area, and extending to NE 4th Court.
"SAP Development Program" means the proposed development program for the SAP,
as detailed conceptually at Sheet 46 of the Concept Book, including the proposed Uses
(as defined in Miami 21) for the SAP and required parking associated therewith to be
developed within the SAP Area in accordance with the Regulating Plan and this
Agreement. The SAP Development Program specifically excludes Surplus Parking.
"SAP Floor Area Capacity" has the meaning given in Section 8(c) of this Agreement.
"SAP Transportation Trust Fund Contribution" has the meaning given in Section 20
of this Agreement.
"SBE" has the meaning given in Section 16(f) of this Agreement.
"Second Approval Benefit Contribution" has the meaning given in Section 16(b) of
this Agreement.
"Surplus Parking" means any parking spaces or facilities to be developed within the
SAP Area in excess of the parking required for each Use under the Regulating Plan. For
purposes of determining Surplus Parking, the required parking for each Use shall be
inclusive of any parking reductions applied to such Use under the Regulating Plan.
"Term" has the meaning given in Section 7 of this Agreement.
"Transect Zone" has the meaning given in Miami 21.
4. Purpose. The purpose of this Agreement is for the City to authorize the Developer to
redevelop the SAP Property as the Magic City Innovation District SAP. This Agreement
will establish, as of the Effective Date, the land development regulations that will govern
the development of the SAP Property, thereby providing the Developer with additional
certainty during the development process. Pursuant to Section 3.9.1.f of Miami 21,
Development within the SAP shall be pursuant to a recorded development agreement that
will establish the allocation of Thoroughfares and Civic Space Types and Building Area
among the Building sites, and the creation and retention of public benefits.
5. Intent. The Developer and the City intend for this Agreement to be construed and
implemented so as to effectuate the purpose of the Magic City Innovation District SAP
(including 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
(2018).
6. Legal Description of SAP Property; Names of Legal Owners; Applicability. This
Agreement only applies to the SAP Property contained within the SAP Area, as identified
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
and legally described in Exhibit "A" hereto, which includes the SAP Property's owners
and individual legal descriptions of each parcel.
7. Term of Agreement; Effective Date and Binding Effect. This Agreement shall have a
term of thirty (30) years from the Effective Date (the "Term") and shall be recorded in
the public records of the County and filed with the City Clerk. The Term may be
extended by mutual consent of the Parties subject to a public hearing, pursuant to Section
163.3225, Florida Statutes (2018). 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, grantees, heirs,
legal representatives and personal representatives.
8. Permitted Development Uses; Building Densities and Intensities.
(a) Magic City Innovation District SAP Designation. The City has designated the
SAP Property as the "Magic City Innovation District SAP" on the official Zoning
Atlas of the City, pursuant to the applicable procedures in Miami 21. The specific
Transect Zone designations applicable to properties within the SAP Area shall be
as set forth on Sheets 17-18 of the Concept Book. This Agreement, the
Regulating Plan and Concept Book, as applicable, provide for any deviations
from the underlying regulations of Miami 21 (including the Development
standards for each Transect Zone within the SAP Area), and shall be applicable to
all Development within the SAP Area as set forth therein.
In approving the SAP, the City has determined that the uses, intensities and
densities of development permitted thereunder are consistent with the
Comprehensive Plan and the Existing Zoning.
(b) Density, Intensity, Uses and Building Heights.
1. As of the Effective Date and pursuant to the Magic City Innovation
District SAP, the density and intensity proposed for the SAP are permitted
by the Existing Zoning and are consistent with the Comprehensive Plan.
2. As of the Effective Date and pursuant to the Magic City Innovation
District SAP, the uses proposed for the SAP are permitted by the Existing
Zoning and are consistent with the Comprehensive Plan.
3. As of the Effective Date and pursuant to the Magic City Innovation
District SAP, the building heights proposed for the SAP are permitted by
the Existing Zoning and are consistent with the Comprehensive Plan.
4. 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 underlying Transect Zone
designation of any portion of the SAP Property by amending the SAP and
this Agreement.
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
5. In the event the City should amend the Comprehensive Plan to permit the
transfer of densities within a specified area so as to permit densities in
excess of the density limits set forth in a particular Future Land Use Map
category, nothing herein shall prohibit the Developer from requesting such
density transfers within the SAP.
(c) Development of Floor Area within the SAP Area. The total Floor Area (as
defined in Miami 21) that may be developed within the SAP Area is eight million
one hundred sixty-four thousand one hundred forty (8,164,140) square feet (the
"SAP Floor Area Capacity"), limited within each SAP Campus Zone as follows:
1. Le Marche DuPuis: A maximum of forty-five thousand two hundred
(45,200) square feet of Floor Area may be developed within Le Marche
DuPuis, all of which shall be allocated to the SAP Development Program
with zero (0) additional Floor Area for Surplus Parking.
2. Les Bureaux: A maximum of nine hundred fifty-three thousand two
hundred seventy (953,270) square feet of total Floor Area may be
developed within Les Bureaux, with (i) eight hundred forty-six thousand
twenty (846,020) square feet of Floor Area allocated to the SAP
Development Program and (ii) an additional one hundred seven thousand
two hundred fifty (107,250) square feet of Floor Area allocated to Surplus
Parking.
3. Les Residences: A maximum of three million four hundred ninety-nine
thousand six hundred (3,499,600) square feet of total Floor Area may be
developed within Les Residences, with (i) three million two hundred
forty-six thousand eight hundred fifty (3,246,850) square feet of Floor
Area allocated to the SAP Development Program and (ii) an additional
two hundred fifty-two thousand seven hundred fifty (252,750) square feet
of Floor Area allocated to Surplus Parking.
4. Les Ateliers: A maximum of three million six hundred sixty-six thousand
seventy (3,666,070) square feet of total Floor Area may be developed
within Les Ateliers, with (i) three million six hundred fifty-six thousand
seventy (3,656,070) square feet of Floor Area allocated to the SAP
Development Program and (ii) an additional ten thousand (10,000) square
feet of Floor Area allocated to Surplus Parking.
Notwithstanding the foregoing limitations by SAP Campus Zone, up to ten
percent (10%) of the Floor Area allocated to the SAP Development Program in
each SAP Campus Zone may be transferred to other SAP Campus Zones;
however, no Floor Area allocated to Surplus Parking may be transferred among
SAP Campus Zones.
9. Prohibition on Downzoning.
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MAGIC CITY INNOVATION DISTRICT SAP
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(a) The Comprehensive Plan in effect on the Effective Date, the Existing Zoning and
this Agreement shall govern the development of the SAP Area for the duration of
this 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 (2018) have been made after thirty (30) days written
notice to the Developer and following a public hearing or as otherwise provided
herein.
(b) 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 which are in conflict with this Agreement based 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 (2018). The City reserves all its defenses, immunities and any
claims it may have in response to the Developer's foregoing right to challenge any
subsequently adopted changes to land development regulations.
10. Future Development Review. Future development within the SAP Area shall proceed
pursuant to the processes and in accordance with the design requirements set forth in the
Regulating Plan and Concept Book attached hereto, although the City and the Developer
agree that the Concept Book shall serve as an illustrative guiding document and the City
shall not withhold development approvals for the SAP Area if otherwise in substantial
compliance with the guidelines and processes of the SAP. The criteria to be used in
determining whether future development shall be approved is the proposed
development's consistency with the Comprehensive Plan, this Agreement and the SAP.
11. Phased Development. The Developer and the City agree that the Project may be
developed by multiple parties in one (1) or more phases over the life of the Project.
Attached as Exhibit "D" is a conceptual phasing plan for the SAP buildout. The
Developer and the City acknowledge and agree that the attached conceptual phasing plan
is conceptual in nature and based on projected future market conditions, and is therefore
subject to adjustment by the Developer.
12. Environmental. Except as otherwise set forth herein, the City and the Developer agree
that the Developer shall comply with the requirements and general intent of Chapter 17 of
the City Code, by performing tree replacement as follows below. The City finds that the
Project will confer a significant net improvement upon the publicly accessible tree
canopy in the area, and will include the preservation of a significant portion of the
existing tree canopy in the area through a combination of tree relocation within the SAP
Area and the planting of new trees along street frontages and in Public Open Spaces as
depicted in the Concept Book.
(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
(including within the SAP Area's Public Open Spaces and Civic Space Types),
the Developer may enter into an agreement with the City to perform tree
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
replacement on public property in the following order of priority: (i) within a one
(1) mile radius of the SAP Area; or (ii) within any City park subject to approval
by the City. The City further agrees aid in the facilitation of the permitting and
planting of replacement trees on all public rights -of -way 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 terms of this Agreement or by the Resilience and Public Works
Department (or its successor), or the City Arborist for the Term of this
Agreement. The Developer further agrees to warrant each off -site replacement
tree for one (1) year 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.
(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 the 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 for the term of this Agreement. The Developer
further agrees to warrant each SAP Area tree for the Term of this Agreement after
installation. A tree removal permit shall be required for all removal, relocation
and mitigation of trees within the SAP Area.
(c) Tree installation. The Developer shall install trees opportunistically within the
public right-of-way, subject to approval by the appropriate City department.
(d) Staff Arborist Review. Tree installation and tree maintenance plans shall be
administratively reviewed and approved by a City staff arborist.
13. Construction of Encroachments in Public Rights -of -Way. The City finds that any
existing pedestrian -related encroachments in the public right-of-way which the Developer
plans to retain as well as the SAP -related pedestrian -related encroachments proposed by
the Developer in the public right-of-way (e.g., a pedestrian overpass over the proposed
modifications to NE 4th Avenue), as illustrated in the Concept Book, do not unduly
restrict the use of the public right-of-way and are an essential element in the construction
of the Public Open Spaces and Civic Spaces to be included in the SAP Area. The
adoption of this Agreement shall serve to satisfy the requirements of Section 55-14(b) of
the City Code. Further, notwithstanding the requirements of Section 55-14(c) of the City
Code, the City agrees to waive any and all claims to payment of a user fee in connection
with the construction or maintenance/retention, as applicable, of the aforementioned
encroachments proposed by the SAP within the public rights -of -way and the use of the
same for both vehicular and pedestrian travel and parking, as applicable.
This Agreement shall also satisfy the requirements of Section 55-14(d) of the City Code.
In consideration for authorization the construction or maintenance/retention, as
applicable, of the aforementioned encroachments, the Developer further covenants to:
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
1. Maintain the proposed pedestrian overpass and any other proposed
encroachment in accordance with the Florida Building Code and the City
Charter and City Code.
2. Restore or remove the encroachment within thirty (30) days of written notice
by the director of the Department of Resilience and Public Works (or its
successor) to properly maintain, restore or remove the overpass or other
encroachment, as applicable. Notwithstanding the foregoing, the City agrees
that it shall not unreasonably order the removal of any such encroachment so
long as the Developer properly maintains and/or restores the encroachment.
3. In the event of a failure of the Developer to restore, maintain or remove the
overpass or other encroachment in accordance with the preceding subsection,
when notified, the City Manager may contract for the restoration, maintenance
or removal of the overpass or other encroachment, and place a special
assessment lien against the Developer's Abutting (as defined in Miami 21)
private property for the unpaid cost of the restoration, maintenance or removal.
These unpaid costs and expenses incurred by the City or its agents shall
constitute special assessment liens against the Abutting private real property of
the Developer, and until fully paid and discharged, or barred by law, shall
remain liens equal in rank and dignity with liens of the City and County ad
valorem taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real property involved.
Such fees shall become delinquent if not fully paid within sixty (60) days after
their due date. The total outstanding balance of delinquent fees and related
charges shall bear an interest charge of one percent (1%) per month. Unpaid
and delinquent fees, together with accrued interest, shall remain and constitute
special assessment liens against the Developer's Abutting real property
involved which is deriving a benefit. Such special assessment liens for the
repair, maintenance, removal or restoration costs and interest may be enforced
by any of the methods provided in Ch. 85, Florida Statutes, or in the
alternative, foreclosure proceedings may be instituted and prosecuted under the
provisions of Ch. 173, Florida Statutes, or the collection and enforcement of
payment thereof may be accomplished by any other method authorized by law.
The Developer shall pay all costs of collection, including reasonable attorney's
fees, court costs and abstracting and related lien expenses.
4. Provide an insurance policy, in an amount determined by the City's Risk
Manager, naming the City as an additional insured for public liability and
property damage. The insurance shall remain in effect for as long as the
encroachment(s) exist within the right-of-way. Should the Developer fail to
continuously provide the insurance coverage, the City shall have the right to
secure similar insurance policy in its name and place a special assessment lien
against the owner's abutting private property for the total cost of the premium.
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
5. The Developer shall hold harmless and indemnify the City, its officials and
employees from any claims for damage or loss to property and injury to
persons of any nature whatsoever arising out of the use, construction,
maintenance or removal of the pedestrian overpass or any other encroachment
and from and against any claims which may arise out of the granting of
permission for the encroachment(s) or any activity performed under the terms
of this Agreement.
14. Street Closure and Vacation. A critical element to the success of the SAP Area's
Public Open Space and Civic Space is the modification and re-routing of NE 4th Avenue
as illustrated in the Concept Book. In accordance with Chapters 54 and 55 of the City
Code, the Developer intends to seek the approval of the vacation and closure of public
rights -of -way for the purpose of being incorporated into the SAP Area and effectuating
the proposed modifications to NE 4th Avenue, including the following: (i) NE 4th
Avenue between NE 60th and NE 62nd Streets; and (ii) the short NE 61st Street
extension immediately to the east of the intersection with NE 2nd Avenue.
15. Preservation of the DuPuis Medical Office & Drugstore Building. The Developer
agrees to take all reasonably necessary steps to ensure the preservation of the historically
designated DuPuis Medical Office & Drugstore building located at 6041 NE 2nd Avenue,
by either (i) reconstructing portions of the existing structure in its current place pursuant
to a formal renovation and reconstruction plan, or (ii) by relocating and reconstructing
portions of the existing structure out of the current NE 2nd Avenue zoned right-of-way,
in either case in accordance with the final binding direction Developer obtains from the
City and the County, as applicable. In exchange for the Developer's obligation under this
Section 15, the City agrees that, if reasonably necessary for the Developer's preservation
of the historic DuPuis Medical Office & Drugstore building, the structure shall be entitled
to remain encroaching into the current NE 2nd Avenue zoned right-of-way (subject to
any required County approval(s) of the same).
16. Public and Community Benefits.
(a) Public Open Space. As consideration for certain modifications to standards and
requirements of the City Code and Miami 21, the Developer shall provide a
minimum of three and eight tenths (3.8) acres of Public Open Space within the
SAP Area, generally as depicted in the attached Concept Book and Regulating
Plan (the "Minimum Public Open Space"). The Public Open Space shall
include the Promenade du Grand Bois, an approximately two and eighteen
hundredths (2.18) acre pedestrian -oriented, landscaped Civic Space Type (as
defined in Miami 21) which will be a focal point for pedestrian and retail activity
within the SAP Area, as illustrated in the Concept Book and Regulating Plan.
The general location and dimensions of the Public Open Space shall be
substantially in accordance with this Agreement, the Regulating Plan and Concept
Book, or as otherwise mutually agreed by the Developer and the Planning
Director.
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
1. With each phase of SAP development (as conceptually shown on Exhibit
"D"), the Developer shall construct a corresponding and proportional
amount of the Minimum Public Open Space. Specifically, the amount of
Minimum Public Open Space corresponding to each phase of SAP
development shall be the proportional amount of the entire Minimum
Public Open Space that is equivalent to the proportion of the acreage of
such phase of SAP development compared to the acreage of the entire
SAP Area. For example, if the acreage of a phase of SAP development
comprises fifteen percent (15%) of the acreage of the entire SAP Area,
Public Open Space in an amount of fifteen percent (15%) of the total
Minimum Public Open Space shall be provided in connection with such
SAP development phase.
2. All sections of the Promenade du Grand Bois shall have a minimum width
(north -south) of at least fifty (50) feet. In addition, the Promenade du
Grand Bois shall, once fully complete, have an overall average width of
ninety (90) feet along its entire length.
3. The Developer shall not be required to dedicate, reserve or otherwise
dispose of any land within the SAP Area for the Public Open Space. The
Developer shall retain ownership of the Public Open Space but shall allow
public access to, and public use of, the Public Open Space at a minimum
during the hours from 6:00am to 12:00am (midnight), seven (7) days a
week, with reasonable temporary closures allowed for required
maintenance/construction, temporary and special events permitted in
accordance with Section 25 of this Agreement or other similar activities.
During the remaining hours from 12:00am (midnight) to 6:00am, the
Developer may reasonably restrict access to the Public Open Space for
purposes of safety, maintenance/construction or other similar activities.
4. The Developer shall retain the exclusive right to design, landscape and
determine the programming for the Public Open Space, subject to
approval by the Planning Director or his/her designee, which approval
shall not be unreasonably withheld, delayed or conditioned.
5. From time to time, the Developer may sponsor or partner with
organizations to hold temporary and special events within the SAP Area,
including in and around the Public Open Space pursuant to the terms and
requirements of this Agreement, the Regulating Plan and the applicable
provisions of the City Code, not to exceed twelve (12) events per year,
with each event not to exceed a period of five (5) days, unless approved by
the City Manager for additional time. For any such temporary or special
events held within the SAP Area, the Developer shall incorporate
temporary traffic calming measures as required by the City's Resilience
and Public Works Department (or its successor), if any, and coordinate
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
and/or provide for extra security and policing as required by the City's
Police Department.
6. The Developer shall maintain and operate the Public Open Space,
including pursuant to any applicable specific maintenance standards as
mutually agreed by the Developer and the City.
(b) Community Benefit Contribution.
1. Little Haiti Community Revitalization Trust. The City shall, no later than
ninety (90) days from the date of final and unappealable approval of the
SAP, establish a new community revitalization trust fund (the "Little
Haiti Community Revitalization Trust") to collect and maintain
specified cash contributions by the Developer pursuant to this Section
16(b), for the purpose of providing community benefits in Little Haiti.
2. Cash Contributions. The Developer shall make cash contributions to the
Little Haiti Community Revitalization Trust in a cumulative amount of up
to Thirty -One Million and 00/100 Dollars ($31,000,000.00) (the
"Community Benefit Contribution"), to be made as follows:
The Developer shall make an initial contribution of Three Million
and 00/100 Dollars ($3,000,000.00) no later than Ninety (90) days
following the date on which approval of the SAP by the City
Commission becomes final and unappealable (the "First Approval
Benefit Contribution").
ii. The Developer shall make a second initial contribution of Three
Million and 00/100 Dollars ($3,000,000.00) no later than One
Hundred Eighty (180) days following the date on which the First
Approval Benefit Contribution is made (the "Second Approval
Benefit Contribution," together with the First Approval Benefit
Contribution, the "Initial Benefit Contributions"). The Initial
Benefit Contributions shall be credited and applied toward the
Developer's development and construction of an amount of Floor
Area within the SAP Area at a rate of Four and 03/100 Dollars
($4.03) per square foot, to be offset against the amount of the
Initial Benefit Contributions in each applicable building permit
(the "Initial Benefit Contribution Floor Area"). The Initial
Benefit Contribution Floor Area shall be available to the
Developer immediately following payment of the Initial Benefit
Contributions.
iii. After the Developer has obtained valid building permits for the
entire Initial Benefit Contribution Floor Area, the remaining
Twenty -Five Million and 00/100 Dollars ($25,000,000.00) of the
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
Community Benefit Contribution shall be assessed and payable, as
needed by the Developer, prior to the issuance of each additional
building permit on a proportional basis for the amount of Floor
Area required under each such building permit, at the same rate of
Four and 03/100 Dollars ($4.03) per square foot of Floor Area,
until the remaining Twenty -Five Million and 00/100 Dollars
($25,000,000.00) is satisfied.
iv. Notwithstanding the foregoing, the development of approximately
four hundred eighty-two thousand five hundred sixty-nine
(482,569) square feet of Floor Area on SAP Parcel No. 8, as shown
on Page 43 of the Concept Book,' shall not be subject to the
Community Benefit Contribution and the related Floor Area offset
under this Section 16(b), and may be freely permitted and
constructed without reference to or requiring any Floor Area credit
from the payment of any portion of the Community Benefit
Contribution.
v. For the avoidance of doubt, development capacity within the SAP
Area shall remain authorized up to the maximum Floor Area
limitations set forth at Section 8(c) of this Agreement (and up to
the maximum building heights set forth in the Regulating Plan),
provided all Floor Area is developed and constructed in
accordance with this Agreement and the Regulating Plan.
vi. The Developer shall have no obligation to make any Community
Benefit Contribution payment until the City has formally approved
and established the Little Haiti Community Revitalization Trust.
vii. Prior to the earlier of (i) the expiration of the Term (including any
extension thereof) or (ii) the City's issuance of the final Certificate
of Occupancy for the development of all the SAP Floor Area
Capacity, the Developer shall be required to have made a
cumulative minimum amount of Community Benefit Contribution
payments equal to six million (6,000,000) square feet of Floor
Area at the above rate of Four and 03/100 Dollars ($4.03) per
square foot, for a total of Twenty -Four Million One Hundred
Eighty Thousand and 00/100 Dollars ($24,180,000.00), regardless
of whether Developer has constructed six million (6,000,000)
square feet of Floor Area within the SAP Area. The Initial Benefit
SAP Parcel No. 8 consists of the following current addresses: 370 NE 60th Street (folio no. 01-3218-016-
0180); 5952 NE 4th Avenue (folio no. 01-3218-016-0200); 5972-5974 NE 4th Avenue (folio nos. 01-3218-089-
0010, 01-3218-089-0020); 334 NE 60th Street (folio no. 01-3218-016-0140); and 350 NE 60th Street (folio no. 01-
3218-016-0150).
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
Contributions shall apply and be credited towards this cumulative
minimum amount.
3. Use of Community Benefit Contribution. The Parties agree that all
Community Benefit Contribution funds deposited in the Little Haiti
Community Revitalization Trust shall be used only for the following
purposes:
i. One hundred percent (100%) of the Community Benefit
Contribution shall be restricted to use within the Little Haiti
neighborhood for the development of affordable and workforce
housing, community educational programs, local small business
development, local workforce participation and hiring programs,
the beautification of NE 2nd Avenue and other areas in Little Haiti,
and/or the creation and improvement of public parks. The
Community Benefit Contribution shall not be used for any other
project, program or purpose. The City's Ordinance(s) and/or
Resolution(s) evidencing the formal approval and establishment of
the Little Haiti Community Revitalization Trust shall contain
corresponding language placing the same restrictions on use of the
Community Benefit Contribution.
ii. Five Hundred Thousand and 00/100 Dollars ($500,000.00) of the
First Approval Benefit Contribution, Five Hundred Thousand and
00/100 Dollars ($500,000.00) of the Second Approval Benefit
Contribution and twenty percent (20%) of the remaining
Community Benefit Contribution (for a cumulative total of Six
Million Dollars and 00/100 ($6,000,000.00)) shall be reserved for
projects and programs, in each case conforming to the list of
permitted purposes in the preceding Section 16(b)(3)(i), which are
identified and/or selected by the Concerned Leaders of Little Haiti.
iii. The Developer may apply to the Little Haiti Community
Revitalization Trust for use of Community Benefit Contribution
funds in accordance with the permitted purposes set forth above at
Section 16(b)(3)(i), which application shall not be unreasonably
denied, withheld, delayed or conditioned by the Little Haiti
Community Revitalization Trust or the City, as applicable.
(c) Historic Lemon City/Little Haiti Creole District Design Guidelines. The
Developer acknowledges the importance of preserving as well as enhancing the
rich cultural history and aesthetic heritage of the Little Haiti community. To such
end, the Developer agrees that it shall use diligent, good faith efforts to assist and
cooperate with the City in collaborating with Little Haiti residents, businesses and
property owners to revise the existing Historic Lemon City/Little Haiti Creole
District Design Guidelines published by the City's Planning Department (a copy
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
of which is attached at Exhibit E). The City and the Developer acknowledge and
agree that the Historic Lemon City/Little Haiti Creole District Design Guidelines
shall continue to apply only to those properties directly fronting on NE 2nd
Avenue between NE 52nd Street and NE 71st Street, and shall not be extended to
any portion of the SAP Area not already subject to the Historic Lemon City/Little
Haiti Creole District Design Guidelines on the date hereof.
(d) Passenger/Commuter Rail Station. In the event a passenger/commuter rail station
serving the SAP Area and the Little Haiti community is developed within or
directly abutting the SAP Area at the location shown in the Regulating Plan and
Concept Book (or at a substantially similar location directly abutting the SAP
Area), the Developer and the City shall cooperate in the development and
construction of the rail station so as to best serve the Project and the surrounding
community. To such end, the Developer agrees that it shall use its good faith,
best efforts to arrange the financing of the construction of such station, through
private funding, public funding (including public grants and loans), or any
combination thereof, and to coordinate and generally oversee the construction
process, to the extent required.
(e) Magic City Innovation District (MCID) Foundation. The Developer has created
the Magic City Innovation District (MCID) Foundation to support local
economic and community development efforts in the Little Haiti community. The
foundation may provide programs to the local community including micro -loans
for local businesses, special jobs training, housing programs, educational
programs for local residents, classes or workshops on entrepreneurship and
cultural programs.
(f) Job Creation and Employment Opportunities. The Developer anticipates that the
Project will generate a substantial amount of non -construction employment
opportunities in the areas of media and technology, the arts and entertainment,
hospitality and recreation, retail, trade and exhibition and education. Generally,
the Developer shall use diligent, good faith efforts to consult and coordinate with
the City's CareerSource South Florida center located at the Lindsey Hopkins
Technical Center at 750 NW 20th Street, 4th Floor, Miami, FL 33127, and other
local and/or state economic development entities and local educational
institutions, regarding job training and job placement services for qualified local
residents seeking such employment opportunities with employers within the SAP
Area. The Developer also anticipates that the Project, during the course of
development, will generate a substantial amount of construction -related
employment opportunities.
1. The Developer agrees to use diligent, good faith efforts to achieve or to
cause its general contractor(s) and subcontractors (collectively, the
"Contractors") to use diligent, good faith efforts to achieve, as
applicable, the following aspirational goals:
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MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
i. The Developer and its Contractors, as applicable, shall adhere to
the following descending hierarchy with respect to hiring
objectives and practices within the SAP Area:
a. Residents of the City's Little Haiti neighborhood in the
following zip codes: 33137, 33138, 33150 and 33127.
b. Residents of the Southeast Overtown/Park West
Community Redevelopment Area or in the following zip
codes within the City: 33128, 33130, 33134, 33142, 33125,
33135 and the portions of zip codes 33133 and 33146
commonly referred to as "West Coconut Grove".
c. If no residents described above at Section 16(f)(1)(i)(a) or
(b) are qualified or can be qualified within a reasonable
amount of time, then City residents who reside outside the
above targeted City areas and zip codes.
d. If no residents described above at Section 16(f)(1)(i)(a)—(c)
are qualified or can be qualified within a reasonable
amount of time, then County residents who reside within
one (1) of the five (5) zip codes with the highest poverty
rate in the County.
e. If no residents described above at Section 16(f)(1)(i)(a)—(d)
are qualified or can be qualified within a reasonable
amount of time, then County residents who reside outside
the above targeted County zip codes.
The Parties agree that the individuals will be employed based on
the hierarchy established above. For purposes of clarity, the intent
of Section 16(f)(1) is to encourage the Developer and its
Contractors to hire as many qualified persons from communities
within the City and County with high poverty rates to work on the
Proj ect.
ii. The Developer and its Contractors, as applicable, shall use diligent,
good faith efforts to retain subcontractors for the Project, to the
extent available and qualified, which have their principal business
address in a location utilizing the same descending hierarchy of
target areas described above at Section 16(f)(1)(i).
2. Local Workforce Participation in Construction Activities. The Developer
shall require its Contractors to use good faith, best efforts to employ a
minimum of twenty percent (20%) of on -site labor from persons residing
within the City's municipal boundaries.
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
3. Job Sourcing. The Developer shall require its Contractors to use good
faith, best efforts to work with workforce development agencies and
organizations to source job opportunities for both skilled and unskilled
laborers seeking employment opportunities within the construction
industry.
4. Community Business Enterprise ("CBE"), Community Small Business
Enterprise ("CSBE") and Small Business Enterprise ("SBE").
The Developer shall require its Contractors to use good faith, best
efforts to award a minimum of twenty percent (20%) of direct
construction contract costs to subcontractors which are certified as
CBE by the County.
ii. The Developer shall require that seven and one-half percent (7.5%)
of the professional services contracts for soft development costs
including without limitation, design, engineering, survey,
inspection, testing and legal services, shall be awarded to firms
certified by the County as CBE, CSBE or SBE at the time the
contract is signed.
iii. The Developer shall require that ten percent (10%) of the
contractual agreements for construction and construction related
materials, supplies and fixtures are awarded to firms certified by
the County as CBE, CSBE or SBE at the time the contract is
signed.
5. Job Opportunity Advertisement. The Developer shall require its
Contractors to electronically post job opportunities in construction of the
Project in established local job outreach websites and organizations,
including without limitation, Youth Co -Op, South Florida Workforce,
NANA, the Florida Department of Economic Opportunity Career Source
of South Florida in Miami.
6. Job Creation Monitoring Contract. Within sixty (60) days of being issued
a building permit for above -ground, vertical improvements for the SAP,
the Developer shall designate a firm which shall be CBE/CSBE/SBE
certified which shall be designated to monitor the above Local Workforce
Participation, Job Sourcing, Job Opportunity Advertisement and
CBE/CSBE/SBE requirements.
The foregoing standards and requirements of this Section 16(f) shall not be
deemed or construed to require the Developer or its Contractors to hire employees
who do not comply with OSHA requirements, drug testing requirements or
insurance company requirements; however, construction laborers with minor or
(g)
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
insignificant non-violent felonies shall not be denied employment solely based
upon such criminal record.
Retail Merchandising Units. The Developer agrees that it shall reserve twenty
percent (20%) of the thirty-five (35) Retail Merchandising Units (as defined in the
Regulating Plan) available within the SAP Area under the Regulating Plan for
local Little Haiti businesses or enterprises owned by Little Haiti residents.
(h) Educational Institution. The Developer agrees that it shall use good faith efforts
to partner with, or otherwise seek the involvement of, an accredited public or
private post -secondary educational institution for purposes of input and/or
programming in the development of the SAP.
(i)
NE 2nd Avenue Planning Beautification and Design Concept Study. The
Developer agrees that it shall use diligent, good faith efforts to cooperate with,
and provide reasonable non -financial assistance to, the City in the City's
commission of a planning beautification and design concept study for NE 2nd
Avenue between NE 54th and NE 64th Streets. The Parties agree that all or a
portion of the funding required for such study may be drawn from the Community
Benefit Contribution made in accordance with Section 16(b) above.
17. Right -of -Way and Pedestrian Infrastructure Improvements. The Developer shall
landscape and construct improvements to all portions of rights -of -way immediately
fronting properties within the SAP Area (i.e., NE 2nd Ave., NE 3rd Ave., NE 4th Ave.,
NE 60th St., NE 61st St. and NE 62nd St.), in substantial accordance with the SAP
thoroughfare sections shown in the Concept Book and Miami 21, as applicable. Such
improvements shall include without limitation: sidewalks designed to accommodate
increased pedestrian activity; crosswalks with contrasting pavers on all right-of-way
immediately fronting the SAP; landscaping per the standards of the Regulating Plan and
Miami 21, as applicable; paving and hardscape improvements; right-of-way
improvements (e.g., the proposed rerouting of NE 4th Ave. and the extension of NE 3rd
Ave.); streetscape improvements, including without limitation, benches, street lighting,
wayfinding signs, trash receptacles and planters, the design of which shall be approved
by the Planning Department prior to the issuance of a building permit for the SAP; and
general thoroughfare and streetscape improvements. The proposed right-of-way
improvements described herein and as shown in the Concept Book are subject to
approval by the City's Planning and Resilience and Public Works Departments (or their
successors), and to the extent applicable for any rights -of -way under County maintenance
jurisdiction, corresponding approval by the County's Transportation and Public Works
Department.
(a) For every three hundred (300) linear feet of uninterrupted street frontage within
the SAP Area, the Developer shall provide a minimum of one (1) cross -block
Pedestrian Passage. A cross -block Pedestrian Passage shall be required only
where (i) three hundred (300) linear feet of street frontage are uninterrupted by a
right-of-way, drop-off point or similar pedestrian -oriented design feature and (ii)
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the Pedestrian Passage will result in a pedestrian connection between either (x)
two (2) public rights -of -way or (y) a public right-of-way and the Promenade du
Grand Bois. Where a Pedestrian Passage is required, the Developer shall have
reasonable flexibility in the design, configuration and location of the Pedestrian
Passage within the applicable frontage area. A Pedestrian Passage may be roofed
above the first floor for one hundred percent (100%) of its length, but any roofed
portion shall not count towards minimum Open Space requirements under the
Regulating Plan.
(b) The Developer shall also include dedicated bicycle lanes within and directly
abutting the SAP Area as shown on Sheet 38 of the Concept Book. Such bicycle
lanes may be created as painted or colored bicycle lanes only, and shall not be
required to be protected or segregated bicycle lanes, in the Developer's discretion.
(c) Attached at Exhibit F is a list of proposed roadway improvements required for
the SAP development which have been accepted by the City pursuant to the
Traffic Sufficiency Letter also enclosed at Exhibit F. Subject to obtaining
required right-of-way, development and construction approvals from the City and
County, as applicable, and also subject to the City's subdivision process and
related subdivision improvements requirements pursuant to Ch. 55 of the City
Code (as modified in this Agreement), the Developer agrees that the enumerated
roadway improvements shall be constructed in accordance with the phasing
schedule at Exhibit F.
18. Valet Parking. The Developer intends to establish a uniform valet system to service the
SAP Area generally. Notwithstanding Sections 35-305 and 35-306 of the City Code, as
amended, multiple valet permits may be issued for the operation of a valet parking area
immediately adjacent to or on the same side of the block of an existing valet parking area
within the SAP Area where the permit applicant is the operator of the uniform valet
system.
19. Parking Management Program. Parking within the SAP Area (including required
parking under the Existing Zoning) shall be implemented and counted through a pooled
centralized parking management program. The parking management program shall track
existing and anticipated parking through an interactive spreadsheet maintained by the
Developer and reviewed by the Planning Director before issuance of each vertical
building permit for the project (the "Parking Management Program"). Parking usage
shall be debited from the total parking pool available within the SAP Area. Parking
availability shall be added to the total parking pool available within the SAP Area. Off-
street parking requirements under Miami 21 and the Regulating Plan for development
within the SAP Area may be satisfied by available spaces within the SAP Area through
the Parking Management Program. The Parking Management Program shall incorporate
the parking plans set forth in the Regulating Plan and the Concept Book. The numbers
and figures provided in the Parking Management Program may be revised and updated
accordingly from time to time by the Planning Director including at such times as certain
interim parking is discontinued and permanent parking becomes available.
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(a) Interim Parking. For purposes of accommodating the phased development of the
project as well as extra parking needed for special events (as approved under the
City Code, as applicable), interim and temporary parking on conditionally,
unimproved and partially improved lots by valet service may be permitted in
order to satisfy required parking under Miami 21 and the Regulating Plan.
Notwithstanding the requirements of Sections 62-543 and 62-544 of the City
Code, interim parking shall be permitted within the SAP Area without having to
comply with permanent parking requirements on the proposed interim lots
identified by the Developer at the time each such lot is proposed to be used for
interim parking, subject to approval of each lot by the Planning Director (which
shall not be unreasonably withheld, delayed or conditioned). The Planning
Director shall also approve the design of each interim parking lot prior to issuance
of a building permit for improvements thereon. In the event that valet service is
no longer provided for interim parking within the SAP Area, the Developer shall
comply with the applicable parking requirements.
(b) Permanent Parking. The Developer shall construct permanent parking facilities to
serve each phase of development within the SAP Area in an amount which shall
provide a sufficient number of permanent parking spaces to satisfy the off-street
parking requirements under Miami 21 and the Regulating Plan for each new
Development constructed within the SAP Area, as each phase of the SAP is
constructed (the "Permanent Parking Facilities"). The Planning Director shall
assess the Parking Management Program every five (5) years for permanent
parking availability. Permanent Parking Facilities may consist of centralized
parking facilities and/or structure parking facilities as accessory and/or principal
uses.
20. SAP Transportation Trust Fund Contribution. Any parking facilities surcharge
collected for parking in public parking facilities located within the SAP Area pursuant to
the City of Miami Parking Facilities Surcharge Ordinance, Chapter 35, Article X of the
City Code, shall be allocated to the City's Transportation Trust Fund, as established in
Chapter 35, Article VII of the City Code (the "SAP Transportation Trust Fund
Contribution"). All funds collected through the SAP Transportation Trust Fund
Contribution shall be reserved in the City's Transportation Trust Fund in order to
facilitate the creation, operation, and/or maintenance of mass transit and other
transportation facilities within the SAP Area, including, but not limited to the City's
trolley system and capital or acquisition costs associated with the proposed development
of a passenger/commuter rail station abutting the SAP Area serving the Little Haiti
community (including the SAP). These funds may be carried over to the succeeding
fiscal year. Expenditures in connection with the SAP Transportation Trust Fund
Contribution shall be made pursuant to Sections 35-253 and 35-254(d) of the City Code.
21. Alcoholic Beverage Sales; Retail Specialty Center Designation. Except as otherwise
set forth in or modified by this Section 21, alcoholic beverage sales within the SAP Area
shall be governed by Chapter 4 of the City Code. Pursuant to Chapter 4 of the City Code,
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two (2) retail specialty centers are hereby designated for properties located within the
SAP Area as follows:
1. The West Zone Retail Specialty Center shall consist of all properties
within the Le Marche DuPuis and Les Bureaux SAP Campus Zones, and
the properties within the Les Residences SAP Campus Zone located west
of the centerline of NE 3rd Avenue as shown in the Concept Book.
2. The East Zone Retail Specialty Center shall consist of all properties within
the Les Ateliers SAP Campus Zone and the properties within the Les
Residences SAP Campus Zone located east of the centerline of NE 3rd
Avenue as shown in the Concept Book.
The maximum number of Alcohol Service Establishments (as defined in Miami 21)
permitted within the SAP Area shall not exceed five (5) per retail specialty center, for a
total of ten (10), with three (3) Alcohol Service Establishments permitted as of the
Effective Date and one (1) additional Alcohol Service Establishment permitted on each
anniversary of the Effective Date up to ten (10) in total. Such ten (10) Alcohol Service
Establishments are exclusive of (i) Food Service Establishments (as defined in Miami 21)
where the sale of alcoholic beverages is entirely incidental to and in conjunction with the
principal sale of food (e.g., bona fide, licensed restaurants or cafes operating with a 2-
COP, 4-COP, SFS or equivalent license) and (ii) other establishments with an alcoholic
beverage license which are otherwise exempt from distance separation requirements
under Section 4-4 of the City Code (e.g., bona fide, licensed hotels operating with a 4-
COP S or equivalent license).
Notwithstanding anything to the contrary contained in Chapter 4 of the City Code
(including Sections 4-4 and 4-7 thereof) or in Miami 21, the City and the Developer
hereby acknowledge and agree that, within the SAP Area, (i) Alcohol Service
Establishments, (ii) Food Service Establishments and (iii) other establishments with an
alcoholic beverage license which are not otherwise exempt from distance separation
requirements under Section 4-4 of the City Code shall each be permitted By Right (as
defined in Miami 21), in accordance with Article 4, Table 3 and Article 6, Table 13 of the
Regulating Plan, and shall not require any specific administrative or public hearing
approval (i.e., no Warrant or Exception under Miami 21 or Chapter 4 of the City Code)
for the commencement or continuation of such establishment or use. In addition, all
restrictions contained in Chapter 4 of the City Code or in Miami 21 relating to the
maximum number or location of Alcohol Service Establishments, including without
limitation, required distances from churches, residential districts, schools and other
Alcohol Service Establishments, whether within or outside the SAP Area, shall not be
applicable to any Alcohol Service Establishment within the SAP Area.
In addition, notwithstanding anything to the contrary contained in Chapter 4 of the City
Code (including Section 4-3 thereof), the City and the Developer hereby further agree
that the permissible operating hours for alcohol sales at Alcohol Service Establishments
and Food Service Establishments within the SAP Area shall be as follows: (i) for
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consumption on the premises, Monday — Sunday between the hours of 11:00 a.m. — 3:00
a.m., but with one (1) Alcohol Service Establishment eligible to operate between the
hours of 11:00 a.m. — 5:00 a.m.; provided, however, an extension of operations to 5:00am
for additional Alcohol Service Establishments may be permitted by Exception granted by
the City's Planning, Zoning and Appeals Board; and (ii) for consumption off the
premises, Monday — Saturday between the hours of 9:00 a.m. — 12:00 a.m. and Sunday
between the hours of 9:00 a.m. — 7:00 p.m. (with permissible operating hours
automatically extended until 10:00 p.m. on Sundays during the month of December).
22. Miami Trolley. The Developer acknowledges that the City may 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 immediately adjacent to the SAP Area can be reasonably
accommodated within the dedicated public rights -of -way. The City agrees that, in the
event the trolley system will traverse or immediately abut the SAP Area, the City will
allow one (1) or more trolley stops within and/or immediately abutting the SAP Area, in
full cooperation with the Developer as to the number and location of any such stops.
Trolley stops located within and/or directly abutting the SAP Area shall be furnished and
maintained by the Developer in a manner approved by the Planning Department;
provided, however, the Developer shall not be required to furnish or maintain any trolley
stop in a manner materially different or more substantial than trolley stops furnished or
maintained by the City. Notwithstanding the foregoing, for any trolley stop located
within or directly abutting the SAP Area for which the Developer is responsible, the
Developer shall furnish and maintain each such trolley stop with a bus shelter and bench
of a type and style as selected by the Developer in its discretion, provided that each bus
shelter and bench is of a size, type and quality meeting at least the minimum standards
generally utilized by the City and/or County in bus shelters and bus shelter benches.
23. Personal Wireless Service Facilities (PWSF). The City and the Developer agree that
the City shall approve, at a minimum, at least one (1) Personal Wireless Service Facility
(PWSF) (as defined in Miami 21) antenna, monopole or tower to be located within the
SAP Area, on a rooftop or as a standalone monopole or tower; provided that such PWSF
shall comply with all requirements under, and be formally approved by the City in
accordance with, the standards set forth in the Regulating Plan and Miami 21, as
applicable.
24. Temporary Uses; Temporary Use Permits.
(a) Except as otherwise set forth herein, temporary uses within the SAP Area shall be
generally permitted in accordance with the requirements of Chapter 62 of the City
Code.
(b) Notwithstanding the foregoing, permits for temporary uses on vacant land within
the SAP Area, issued under Section 62-535 of the City Code, shall be issued in
accordance with the following:
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1. Such permits shall have a duration of five (5) years with two (2)
administrative extensions of one (1) year each available to the Developer,
which extension shall be granted by the Planning Director and shall not be
unreasonably withheld, delayed or conditioned, for a total of seven (7)
years for any such permit.
2. The Developer may utilize off -site parking to satisfy the required off-street
parking generated by a site plan submitted to the City for a permit for
temporary uses on vacant land, provided that such off -site parking is
located within 1,500 feet of the area covered by the site plan and is on land
owned or leased by the Developer.
(c) The City and the Developer agree that an active permit for temporary uses on
vacant land for any portion of the SAP Area issued to the Developer pursuant to
Ch. 62 of the City Code (as modified by this Agreement) may continue in force
and effect during the course of Development of the SAP under the terms it was
issued (or under modified or amended terms mutually agreed upon by the City
and the Developer); provided that when the Developer seeks to commence
construction of any phase of the SAP on any parcel (or portion thereof) included
in such temporary use permit, the Developer shall submit to the City a revised site
plan for the temporary use permit excluding the parcels (or portions thereof)
which shall no longer be included in the permit for temporary uses on vacant land.
The City shall expeditiously approve the amended site plan (and shall not
unreasonably withhold, delay or condition its approval), provided that the
remaining parcels (and any portions thereof) and amended proposed uses, if any,
within such temporary use permit shall continue to satisfy all applicable
temporary use, zoning, building code and life safety requirements.
25. Temporary/Special Events.
(a) For all temporary events (as defined at Section 62-521 of the City Code) and
special events (as defined at Section 54-1 of the City Code) which the Developer
(i) anticipates to exceed two thousand (2,000) guests or (ii) does not anticipate to
exceed two thousand (2,000) guests but are not among the temporary events
listed below at subsection (b), the Developer, or its designee, shall submit a
temporary and/or special event application, as applicable, for review to the
appropriate City department and the Neighborhood Enhancement Team (NET)
office servicing the SAP Area no less than ten (10) business days prior to the
date of the event. The City hereby agrees to complete its review of the
application within five (5) business days of submittal to ensure coordination of
needed City services and avoid possible adverse impacts of the event.
(b) To the extent governed by the laws and regulations of the City, the City hereby
finds and agrees that the following temporary/special events constitute ancillary
uses of the SAP when contained wholly within the SAP Area, including its
Public Open Space (and not contained within or encroaching into any publicly
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dedicated right-of-way, street or sidewalk): health, fitness and wellness events;
farmers' markets; grand openings; holiday sales; outdoor sales; groundbreakings;
and neighborhood sales events. The City further finds that the above -listed
specific activities, when not anticipated to exceed two thousand (2,000) guests,
will not:
1. substantially interrupt the safe and orderly movement of other traffic
contiguous to the temporary event;
2. substantially diminish routine police service levels to the entire
community;
3 unduly interfere with the proper fire and police protection or ambulance
service to areas contiguous to the temporary event as a result of the
concentration of persons and vehicles;
4. interfere with the movement of firefighting apparatus en route to an
emergency call; or
5. present an unreasonable danger to the health and safety of the public.
Therefore, notwithstanding the requirements of Sections 62-520 through 62-523
and Section 54-6.3 of the City Code, the City and Developer agree that the
specific temporary/special events listed above in this subsection (b) shall not
require the issuance of a City temporary or special event permit.
26. City Impact Fees. Any City impact fee requirements which may be applicable to the
development of the SAP at the time of obtaining building permits for any construction
phase or portion thereof, in accordance with Chapter 13 of the City Code, will be those
impact fee amounts and requirements currently set forth in Chapter 13 of the City Code
and in effect on the Effective Date.
27. Platting; Required Subdivision Improvements.
(a) Except as otherwise set forth herein, the City's subdivision regulations at Chapter
55 of the City Code shall apply to Development activities within the SAP Area.
(b) Notwithstanding the foregoing, the City agrees that platting shall not be required
for any parcel within the SAP Area in connection with the Adaptive Use (as
defined in Miami 21) of an existing building structure located on such parcel,
even if platting would otherwise be required by Chapter 55 of the City Code to
secure building permits for such Adaptive Use.
(c) For any platting commenced within the SAP Area which is required to effectuate
the Development of the SAP, there shall be no time limit for the Developer to
begin or complete any required subdivision improvements corresponding to the
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plat following final plat approval by the City Commission. Further,
notwithstanding Section 55-10(b) of the City Code (which shall continue to
apply within the SAP Area unless otherwise modified herein), prior to the
completion of subdivision improvements within the plat, the Developer may (i)
obtain a temporary or permanent certificate of use and/or occupancy for the
Adaptive Use of an existing building or other habitable structure located within
the plat, and (ii) continue to operate permitted activities and uses approved by the
City under an active permit for the temporary use of vacant land pursuant to
Chapter 62 of the City Code.
28. Public Art. As illustrated in detail the Concept Book and Regulating Plan, the
Developer endeavors to provide beautified, state-of-the-art Public Open Space within the
SAP Area, which will be thoroughly landscaped and include a range of contemporary,
pedestrian -friendly street furniture and Developer -selected public art. In exchange for
providing such Public Open Space significantly in excess of what would otherwise be
required under Miami 21, the City and the Developer agree that the Developer shall not
be bound relative to the development of the SAP by any public art fee or other
requirements the City currently imposes, or may impose in the future, on Development
activities under the City Code or Miami 21, including under Chapter 62 of the City Code
and Article 11 of Miami 21, as the same may be amended from time to time.
29. 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, without limitation, 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 fire and life safety equipment and water lines with
flow sufficient to contain all possible fire occurrences as required by applicable laws,
ordinances and regulations.
30. Formation of Community Development District. In the event the creation of a
Community Development District ("CDD") is approved for the Project, the CDD may
assume the Developer's responsibility under this Agreement without the City's approval
("Assumption"). Notice of the Assumption, including copies of the executed documents
memorializing the Assumption, shall be provided to the City pursuant to the notice
provisions of this Agreement.
31. Local Development Permits. The development of the SAP in accordance with the
Existing Zoning is contemplated by the Developer, and may require additional permits or
approvals from the City, County, State or Federal governments or any division thereof.
Subject to required legal processes and approvals, the City shall make a good faith effort
to take all reasonable steps to cooperate with and facilitate all such City approvals, and to
aid in facilitating all other approvals. Such permits and approvals may include, without
limitation, the following as well as any successor or analogous permits and approvals:
(a) Waiver(s), Warrant(s), Exception(s), Variances and SAP Permits;
(b) Subdivision plat and/or waiver of plat approvals;
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(c) Public works approvals;
(d) Street vacations and closures;
(e) Covenant -in -Lieu of Unity of Title and/or Unity of Title and/or Declaration of
Restrictions 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) County transit approvals;
(1) County right-of-way approvals;
(m) Historic preservation approvals;
(n) Federal Aviation Administration (FAA) and Miami -Dade Aviation Department
(MDAD) determination(s) and approval(s);
(o) Right-of-way permits or licenses;
(p) Miami Parking Authority (MPA) approvals;
(q) Temporary use permits and temporary/special event permits;
(r) Building permits;
(s) Certificates of use and/or occupancy;
(t) Stormwater permits; and
(u) Any other official action of the City or other government agency having the effect
of permitting or authorizing Development within 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
within the SAP Area shall be vested solely in the City Manager, with the
recommendation of the Planning Director. 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.
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32. Necessity of Complying with Regulations Relative to Development Permits. The
Developer and the City agree that the failure of this Agreement to address a particular
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 (2018), if State or Federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties' compliance
with its terms, this Agreement shall be modified or revoked as is necessary to comply
with the relevant State or Federal laws.
33. Consistency with Comprehensive Plan; Public Facilities. The City finds that
development of the SAP Area as proposed by the SAP is in conformity with the Existing
Zoning and is consistent with the Comprehensive Plan. As of the Effective Date, the
Developer has conducted an extensive analysis of the Public Facilities available to serve
the SAP Area and the Project. In the event that the Existing Zoning and/or the
Comprehensive Plan requires the Developer to provide additional Public Facilities to
address any deficiencies in officially required levels of service occasioned by future
development within the SAP Area or as a result of the development of the Project, the
Developer will provide such Public Facilities consistent with the timing requirements of
Section 163.3180, Florida Statutes (2018), or as otherwise required by Chapter 13 of the
City Code, if applicable. In each such case, the Developer shall be bound by the City
impact fees and assessments in existence as of the Effective Date of this Agreement.
34. Cooperation; Expedited Permitting; 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 under this Agreement. The City agrees to
use its best efforts to expedite the permitting and approval processes applicable to
development within the SAP Area in an effort to assist the Developer in achieving its
development and construction milestones. To such end, the City shall 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 shall 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 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 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
required for development within the SAP Area. Notwithstanding the foregoing, the City
shall not be obligated to issue any Development Permit to the extent the Developer does
not comply with the applicable requirements of the Existing Zoning, the Comprehensive
Plan, this Agreement or applicable building codes or regulations.
35. Reservation of Development Rights.
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(a) For the term of this Agreement, the City hereby agrees that it shall permit the
development of the SAP Property in accordance with the Existing Zoning, the
Comprehensive Plan and this Agreement.
(b) Nothing herein shall prohibit an increase in the density or intensity of
development permitted on the SAP Property in a manner consistent with (i) the
Existing Zoning and/or the Comprehensive Plan, (ii) any zoning change
subsequently requested or initiated by the Developer in accordance with the
provisions of applicable law or (iii) 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 without limitation, any claims of
vested rights or equitable estoppel, obtained or held by the Developer or its
successors, grantees, heirs or assigns to continued development of the SAP
Property in conformity with the Existing Zoning and all current and prior active
and approved development permits or development orders granted by the City
under the Existing Zoning.
36. Annual Report and Review.
(a) This Agreement shall be reviewed by the City annually on the anniversary of the
Effective Date. The Developer, or its representative or agent, shall submit an
annual report to the City for review at least thirty (30) days prior to the annual
review date. The annual report shall contain a section by section description of
the Developer's compliance with its obligations under this Agreement. Any
information required of the Developer to be included in the annual report shall be
limited to that information necessary for the City to reasonably determine the
extent to which the Developer has complied or is proceeding in good faith to
comply, as applicable, with the terms of this Agreement. The Developer's
obligation to submit an annual report shall cease as of the date on which this
Agreement is terminated pursuant to any such term or provision herein.
(b) If the City finds in the annual report, on the basis of competent substantial
evidence, that the Developer has failed to comply with any of its obligations
under this Agreement, the City may take action to terminate or amend this
Agreement as set forth in this subsection. The City shall provide the Developer
with written notice of its intent to terminate or amend the Agreement, and such
notice shall state the reasons for the termination or amendment. Upon receipt of
such written notice, the Developer shall have thirty (30) days to cure the default,
or such longer period of time as may reasonably be necessary to cure the default if
it is of such nature that cannot be cured within thirty (30) days; provided,
however, that the Developer commences action to cure the default within thirty
(30) days and diligently pursues the cure thereafter. Should the Developer fail to
cure within the aforementioned periods, as applicable, the City may terminate or
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amend this Agreement by holding two (2) public hearings before the City
Commission to consider and deliberate regarding such termination or amendment.
37. Notices. 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
Miami Riverside Center
444 SW 2nd Avenue, loth Floor
Miami, Florida 33130
With copies to:
City Attorney
Office of the City Attorney
Miami Riverside Center
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
Director of Planning and Zoning
Planning & Zoning Department
Miami Riverside Center
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
To the Developer:
Mr. Neil Fairman
Mr. Anthony Burns
Mr. George Helmstetter
c/o Plaza Equity Partners, LLC
SunTrust International Center
One SE 3rd Avenue, Suite 2110
Miami, FL 33131
With copies to:
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MAGIC CITY INNOVATION DISTRICT SAP
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Neisen O. Kasdin, Esq.
c/o Akerman LLP
98 SE 7th Street, Suite 1100
Miami, Florida 33131
Any Party to this Agreement may change its notification address(es) by providing written
notification to the remaining Parties pursuant to the requirements of this Section 37.
38. Joinder.
(a) If, subsequent to the Effective Date, the Developer (or its successors, grantees,
heirs or assigns) seeks to incorporate additional Abutting (as defined in Miami 21)
property into the SAP, such additional property shall also be incorporated into this
Agreement, subjecting it to the rights and obligations established hereunder;
provided, that the Developer shall obtain all required City approvals to
incorporate such additional property into the SAP (including review and
recommendation by the City's Planning, Zoning and Appeals Board and approval
by the City Commission), and shall either (i) amend this Agreement in accordance
with the provisions hereof to include such additional property, or (ii) execute and
record the Joinder Form and Acknowledgement of Joinder attached hereto as
Exhibit "G" to incorporate such additional property (and provide a recorded copy
to the City Clerk). Notwithstanding the foregoing, if, in connection with the
incorporation of additional Abutting property into the SAP, any term or provision
of this Agreement must be amended for the SAP to remain in compliance with
Miami 21 (including Article 3.9 thereof), then this Agreement shall be amended
in accordance with the terms hereof.
(b) The Parties agree that any property which is incorporated into this Agreement
subsequent to the Effective Date in accordance with this provision shall be subject
to the Existing Zoning, the Comprehensive Plan and the general terms of the SAP
and this Agreement. In the event that the City does not afford any subsequently
incorporated property with the protections of the Existing Zoning, the
Comprehensive Plan and the terms of the SAP and this Agreement, the City will
be deemed to have breached this Agreement.
(c) Nothing herein shall prohibit the Developer from objecting to any City policy that
would not afford a subsequently incorporated property into the SAP Area and this
Agreement with the protections of the Existing Zoning, the Comprehensive Plan
and the terms of the SAP and this Agreement, as applicable.
39. 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 Development Permits, and refuse any
inspections or grant any development approvals until such time as this Agreement is fully
complied with.
34
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
40. Exclusive Venue; Choice of Law; Specific Performance. It is mutually understood and
agreed by the Parties 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 and
remedies under applicable law, 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.
41. 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
allowed by law.
42. No Oral Change or Termination. This Agreement and the exhibits and attachments
appended hereto and incorporated by reference constitute the entire agreement between
the Parties with respect to the subject matter hereof. 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, if
applicable, after such change, modification or discharge is effected in compliance with
Section 54 of this Agreement). This Agreement cannot be changed or terminated orally.
43. Compliance with Applicable Law. Subject to the terms and conditions of this
Agreement, throughout the term of this Agreement, the Developer and the City hall
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 Parties' obligations and performance under
this Agreement, all as they may be amended from time to time.
44. Representations. Each Party represents to the other(s) that this Agreement has been
duly authorized, executed and delivered by such Party and constitutes the legal, valid and
binding obligation of such Party, enforceable in accordance with its terms.
45. 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
35
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
in addition to all other remedies at law or equity arising from such event of default,
except where otherwise expressly provided.
46. Events of Default.
(a) The Developer shall be in default under this Agreement if 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 any 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 a Party.
(d) Notwithstanding the foregoing or anything contained in this Agreement to the
contrary, and provided the SAP as a whole remains in compliance with the
minimum requirements of Article 3.9 of Miami 21, (i) a default by any
successor(s), grantee(s), heir(s) or assign(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, grantee, heir 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) grantee(s), heir(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. Any actual or
alleged default by a developer of a portion(s) or phase(s) of the Project, including
without limitation 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.
47. Remedies Upon Default.
(a) Neither Party may terminate this Agreement upon the default by another Party,
except as expressly otherwise provided herein including at Section 36(b), but shall
have all of the remedies enumerated herein.
36
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
(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 available under applicable law other
than termination of this Agreement. The City hereby acknowledges that any
claim against the City for damages under this Agreement is not limited by
sovereign immunity or similar limitation of liability.
48. Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, hereafter be determined by a court or other
legal authority of competent jurisdiction to be invalid or unenforceable, the remainder of
this Agreement or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect.
49. Assignment and Transfer. This Agreement shall be binding on the Developer and its
heirs, grantees, successors and assigns, including the successor to or assignee of any
Property Interest. The Developer, in its sole discretion, may assign, in whole or in part,
this Agreement or 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 Developer shall provide written notice of any such
assignment to the City in accordance with the requirements of Section 37. Any such
assignee shall in writing in a legal form acceptable to the City Attorney, assume all
applicable rights and obligations under this Agreement, and upon such assumption, the
assigning Party shall be released from all obligations assumed by such assignee.
50. 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 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.
51. Lack of Agency Relationship. Nothing contained herein shall be construed as
establishing an agency, partnership or joint venture 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.
37
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
52. Successors, Assigns and Designees. The covenants and obligations set forth in this
Agreement shall extend to the Developer, and its successors, grantees, heirs and 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.
53. Enforcement.
(a) In the event that the Developer, its successors, grantees, heirs and/or assigns, as
applicable, fails to act in accordance with the terms of the Existing Zoning, the
City shall seek enforcement of said violation upon the applicable portion of the
SAP Property owned by the Developer or its successors, grantees, heirs and/or
assigns, as applicable.
(b) Enforcement of this Agreement shall be by action against any Parties or person
violating, or attempting to violate, any covenants or agreements set forth in this
Agreement. Each party to any such action shall bear their own attorney's fees.
(c) This enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
54. Amendment or Termination by Mutual Consent. This Agreement may not be
amended or terminated during its Term except by mutual agreement of the Developer
(including its successors, grantees, heirs and assigns, as applicable) and the City in
writing (except as expressly provided otherwise herein including at Section 36(b)). Prior
to amending or terminating this Agreement, the City Commission shall hold two (2) duly
noticed public hearings on the matter.
(a) Notwithstanding the foregoing, and as provided in this Agreement, the Project
may be developed in one (1) or more phases in accordance with the Existing
Zoning and this Agreement. 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) public hearings and that following such modification,
amendment or release all other Miami 21 minimum requirements for Special Area
Plans continue to be complied with (such as minimum acreage). In the event that
there is a recorded homeowners, master, condominium and/or other association
covering the SAP Property, or 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 (in whole or
in part) of this Agreement by 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
38
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
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 SAP Property.
55. 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 this Agreement or the Project, or objecting to any aspect thereof,
including without limitation, (i) a consistency challenge pursuant to Section 163.3215,
Florida Statutes (2018), (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 copies of all
responses, filings and pleadings with respect thereto.
56. No Third -Party Beneficiary. No persons or entities other than the Developer and the
City, and their heirs and permitted successors, grantees and assigns, shall have any rights
whatsoever under this Agreement.
57. Recording. This Agreement shall be recorded in the Public Records of the County by
the Developer at the Developer's expense and shall inure to the benefit of the City. A
copy of the recorded Agreement shall be provided to the City Clerk and City Attorney
within two (2) weeks of recording.
58. 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.
59. 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.
60. Estoppel Certificate. Upon request by any Party to this Agreement, or any of its
successors, grantees, heirs and/or assigns, the City shall deliver, within thirty (30) days
after such request is made, a certificate in writing (in a recordable form, if requested)
certifying (i) 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); (ii) that to the best knowledge of
the City, 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; (iii) to the best knowledge of the
City, 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 (iv) such other matters
as such requesting Party or its lender may reasonably request. The Parties further agree
that such certificate shall be in a form reasonably acceptable to the City Attorney and
may, in addition to the Developer (including its successors and assigns) be relied upon by
(i) any prospective purchaser of the fee or mortgage or assignee of any mortgage on the
fee of the SAP Property or any portion thereof and/or (ii) any prospective or existing
39
MAGIC CITY INNOVATION DISTRICT SAP
DEVELOPMENT AGREEMENT — DRAFT 2/27/19
lender of the Developer (including its successors and assigns) as identified by the
Developer in its request therefore.
NOW, THEREFORE, the City and the Developer have caused this Agreement to be
duly executed.
[Signature Pages for the City and the Developer Follow]
40
CITY OF MIAMI, FLORIDA
By:
Emilio T. Gonzalez, City Manager
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
By:
Victoria Mendez, City Attorney
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MCD MIAMI, LLC, a Delaware limited
liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of MCD Miami, LLC, a
Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES I, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties I,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES II, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties II,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES III, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties III,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES IV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties IV,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES V, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties V,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES VI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties VI,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES VII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties VII,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES VIII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties VIII,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES IX, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties IX,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES X, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties X,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XI,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XIV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XIV,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XV,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XVI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XVI,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XVII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XVII,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XVIII, LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XVIII,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XIX, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XIX,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XX, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XX,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXI, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XXI,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXII, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XXII,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXIII, LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XXIII,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXIV, LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Magic City Properties XXIV,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
MAGIC CITY PROPERTIES XXV, LLC, a
Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Magic City Properties XXV,
LLC, a Delaware limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
DRAGON GLOBAL MIAMI REAL
ESTATE INVESTMENTS, LLC, a Florida
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Dragon Global Miami Real
Estate Investments, LLC, a Florida limited liability company. 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:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF
COUNTY OF
)SS
LEMON CITY GROUP, LLC, a Florida
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by
, as of Lemon City Group, LLC, a
Florida limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
Witnesses:
Print Name:
Print Name:
STATE OF
COUNTY OF
)SS
IMPERIAL CAPITAL GROUP, LLC, a
Florida limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of Imperial Capital Group,
LLC, a Florida limited liability company. Personally Known or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
[Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan]
EXHIBIT A
Aerial Map, Addresses and Legal Descriptions of SAP Parcels
See attached.
Aerial Map
Magic City Innovation District SAP
City of Miami, FL
= SAP Boundary
Aerial Map
Magic City Innovation District SAP
City of Miami, FL
= SAP Boundary
EXHIBIT A
SPECIAL AREA PLAN APPLICATION
THE MAGIC CITY INNOVATION DISTRICT SAP
Legal Descriptions of SAP Property
Address: 6041 NE 2nd Avenue
Folio: 01-3218-015-0140
Legal Description:
Hew. al a pnw,1 2 1ee1 Last and 204 feel 6 aches South of Northwest corner of SW 1J 4 of Seconn 16, Township 53 South, Range 42 East Pont of Beginnng, Ming Southwest comer of
prietion of Lemon Avenue and County rock road, run South 100 feet, thence Northeaglerty parallel with Leman Avenue 170 feel, thence Ncx1h 100 feel tca Soul!! brie Lemon Avenue; thence
Soulhwealery abon4SSouni brie Lemon Avenue 170feel is Porii of Begrinung„ Marni-DadeComity, Fkaada.
Less the With 2.5 feel conveyed to the City of Mka n. by Warranty [deed recorded n Deed Bock 365 7, Page 334 and re -recorded ri afieul Recce Book 4630, Paige 4g0.
Address: 228 NE 61st Street
Folio: 01-3218-015-0150
Le2a1 Description:
Beyry^why, al a co.e.1 fs beet East of and 2014 feel and 6 lichee South of tie Ncethwesl corner of the &nutmeat Onetbiarier of Secbien 116, Tcrwnntrp 53 Souln, Range 42 Eaet Mrarn cbe
County, Florida, Um Point beg tie Southeast corner of the ritersecion of the Northeast 61s1 S1reel (Lemon Avenue) and Noarteaat. Second Avenue (County Ronk Road), thence run in a
Northeasterly direction along tie Solt! OM of sad ;Northeast 61 s Sleet (Lennon Avenue) 170 feel to the Peril of Beginning, thence run South 100 feel: thence rill in a Nathenisterty olrecion
)aster with said Ncitiewst 61etStreet 60 feet; thence nn North 100 feel b3 sail Fineries! 61s1 Street thence rim in a So+ul►wuealeny Menne aineg said Nalheaai, 6181. Street 60 feet to the
Pont of Beg.tiirig.
Less Me Norlh 2.5 feel cc weyed is the City of Miami by 1Narranty Deed recorded in Deed Bock 3684, Page 243 and re -recorded n Ofici Records! Beak 4630, Page 474.
43658518;2
Address: 240 NE 61st Street
Folio: 01-3218-015-0160
Le2a1 Description:
PIERCES DIVISION Of LEMON CITY, Section 18, Township 53 South, Range 42 East, as recorded n the Patric Records of Mittamr-Dade County, Fkrida, in Plat Book B, Page 43, and
Revised Plat thereof, as recorded in Plat Boric 2, Page 41. Beginning 230 feet Northeast. of Southeast. comer of lemon Avenue and County Road, thence Northeasterty feet South 166 feet
Southwesterly g9 feel; hence North 100 feel to Point of acquiring.
Leas the North 2.5 feet conveyed to the City of Miami by Warranty Deed recorded in Deed Boric .368 7, Page 364 and re -recorded in Oficial Records Book 4612, Page 50$.
Address: 6001 NE 2nd Avenue
Folio: 01-3218-015-0210
Le2a1 Description:
Beginning at a point, 25 feet. East and 301 feet 6 inches South of Nei -Wiest corner of the Soutiwest Quarter of Section 18, Township 53 South, Range 42 East; theme run in a Northeasterly
clirectsci parallel will Leman Avenue as now Traveled, 1266 feet 6nnches more cc lei Ica Railroad Avenue in Pierce's Division of lemma City; thence Souti along said Railroad Avenue 210 feet
to a srtreet. 50 feet, wide; thence in a Scauifwaesterty direction along the tJorti brie of said steel parallel with said Leman Avenue 1266 feel 6 inches mare or lei to the County Rode Road al a
pone omens. beginning ; thence North along said County Road 210 feet is place of beginning.
Address: 352 NE 61st Street
Folio: 01-3218-022-0060
Le2a1 Description:
Parcel "D":
Commer►3e al a pond en the Westerly bne of lhe Ncuihwest id 4 of the Seulhwes1 V 4 of Section 18, Township 53 South, Range 42 East, 205.4E feet South of ire Nortfwveet corner of said
NatWest V 4 of the Southwest 11 4 of Section 18, -thence N83"53'O0"E, along a brie being parallel with and 2.5 feel Northerly of the Southerly RncJirt of Way tine of Northeast 61st Street as it
appears on City of "harm Aim Sheet No. 14-J, dared January i4363 and ifIs Westerly protection, 1018.E feet to me Point of Beginning of the hereafter described parcel; thence S62°07'ifiYE,
103.00 fret; thence NS7"53'00"E, 50.00 feel tience Nh2'07`631/0, 1621.03 feet; thence S87`53130'Yil, along said brie parallel wail and 2.5 Teel Northerly of said &u4hedy Right of Way rice of
Nc rtheast 61st Street, 50A0 feet to the Pearl of Beginning.
Less the North 1.'47 feet conveyed to the City of Marra lay Warranty Deed recorded in Deed Book 3657, Page 280 aria re -recorded n Official records Book 4695. Page 2.42.
And Parcel"16-1":
Commence at a port en tie Westerly Yie of lhe Nvrllwaes' 1a 4 of the Southwest V 4 of Section 18, Township 53 South, Range 42 East, 205A6 feel South of tie Northwest camper of said
4 ilwaesl 11 4 of he Southwest V 4 of Section 18, thence N8r53•00"E, along a brie being parallel wrath and 25 feet Norlhetty of the Southerly Right of Way brie of Northeast 61s1 Slreel as i1
appears on City of Morn Alas Street No. 14-J, Dated January 1g63 aria ris Westerly protection, 10685 feet to the Point of Begirii7rig of tie hereafter described parcel; tierice S02'07' X7 E,
100.00 feel; Thence N8r53130" E, 50.03 feet thence NO2:07'00"W, 100A0 feet; hence S8r53`00"W, along sad brie parallel with aid 2.5 feet Northerly of said Souaieily Right of Way brie of
Northeast 61s1 Slreel, 5000 feet Taal the Pond of Begnni g.
Less the t din 2.5 feet conveyed to the City of Miami by Warranty Deed recorded In Deed Boole 3657, :Rage 281 and re -recorded in Oficial Records Book 4630, Page 452.
43658518;2
Address: 372 NE 61st Street
Folio: 01-3218-022-0080
Le2a1 Description:
Parcel "1". That part of the NW id 4 of the SW id 4 of Sector!. 18., Township 53 South, Range 42 East, descrd:ed as fciows Beginnung al a porn 204.5 feet South of the Quarter Section corner
of West ire of Seclton 18, Township 53 South, Rouge 42 East, thence run Norteaserly eking the South aide of Lennon Avenue cr 6131. Street. 1118.5 feel to a Pahl of Begrrrng; thence run
South 100 feet; thence run East 81.5 feel; tence run North 100 feet more cr tess to South rile of Leman Avenue; thence nun West 81.5 feet more cr leas 4a a Porn of Beginning, lying and
be ill rr-Dade County, Fonda.
Parcel "2". Thal pail of the NW id 4 of the SW id4 of Becton 16, Torcerup 53 South, Range 42 fast, described as Bows: ta-wit B eg.rrrlg al a porn 20527 feet South of the Owner Section
comer of West lne of card Section 18, thence run Northeasterly along the South Me of hlortheasl 6131. Steel, 1200 feet 1a Pcdh1 of Elegunirng, thence South 55.60 feet, thence East 25 feel;
thence Northerly 55.60 feel mare cr lest to a [canon the Scum ire of said 61s1 Street .t0 feel east of the par of Pant of Begrhmg, thence West along the Sown hires of Said 61a1 Steal, .10
feet to port of begyoung, lying and being n l/Nemr-bade County, Florida.
Less the Wahl 2.5 feel conveyed io the City ofMiami by Warranty Deed recorded in Deed Bock 3741, Page 520and re -recorded ehReconle Bock 4630, Page 494.
Address: 382 NE 61st Street
Folio: 01-3218-015-0190
Legal Description:
Begrrwg al the Southwest comes of to nterse."Uen of Radical Avenue {how Inn as N.E. 4th Avenue) and Lemon Avenue {now Radon as N E. 61s1 Street) rum thence South 100 feet 1n a
pwht; theme nth West 103 feet to a paint; thwhoe run Ncrth 1d+;11 bet to pond thence run Easterly along the .South brie of Lerma Avenue 103 feet to the Kent of beginning; lying and being oil
theSoutnwesl Gustier {SW 1J 4} of Sector' 18, Township 53Soum, 'UAW 4,2East.
,also described as: The fast 103 feel of the Wahl 1610 feet of Urnvnbered Black between LEMON AYENI.E and Browm Steel leas the North 2.5 feel for Steel, PERCF_S LEMON CITY
SLEDIVlSION, aocorckg 10 the plat thereof, as recorded in Plat Bock "6", Page 43, of the Pubic. Reccrda of PAramh-0ale Canty, Fonda.
Less the Web 2.5 feel conveyed lc the City! of Meru by Warranty Deed recorded n Deed Bock 3657, Page 262 aryl re -recoiled n Oficnh Records Boot 4 4 645, Page 344.
Address: 200 NE 62nd Street
Folio: 01-3218-066-0010
Le2a1 Description:
Thal . "A''. of Jla PLAZA, ac =clog its fie map or pal thereof, a a reccr1 di piai good; 166, Page 4E, of ibe PicRecaogE of MrarnrDale County , Fes.
43658518;2
Address: 6300 NE 4th Avenue
Folio: 01-3218-020-0330
Le2a1 Description:
South 124 feel of Trad.1R", of REID ACRES, MCaraled or Rai Bic 50, Page 8-4, of the PitliC Revorda of WeeinrElacle Cowan'', fFonda.
Address: 401 NE 62nd Street
Folio: 01-3218-014-0030
Le2a1 Description:
The Wes1 110 feet of Traci 3, of JOYCE PROPERTIES SUBDWISION, weaning to the Plat it ieof, as recorded or Pal Bock Si, Paige 38, of the Public Records of P i ni-t ie County,
Address: 300 NE 62nd Street
Folio: 01-3218-015-0770
Le2a1 Description:
The North 112 of Lois 8 and 9, Black 18, PERCE S ADD ITICIN TO LEMON CITY. FLORIDA. aoccrdrrg to tie map or peartiereof, as record n Put Book 2, Paige 21, of tie Pudic Records of
Odom -Dade County; Flcoda, sad properly also 1eserited as Leong al tot portion of Lots 8 and 9, Blcck 18. P IERC "S ADDITION TO LE CIN CITY. FLORIDA, accc tang to !rue map or prat
'hereof, as recceded n Plal Book 2, Page 21. of tie Punic Records of W.aim-Dale County. Flcxrda, 1p rig North of tie folwang desoriced bie:
Cemmerbang a1 the Ncrlhwes1 corner of Lot 9, 61ock 18. SECOND CORRECTED FIAT OF PERCES SUED hrISION OF LEMON CITY, accordrrcg 1.o the map or p& thereof. as record in
Flat Book 2, Page 21, of The Punic Records of Keene -Dade County, Florida: tierce goo Southerly along the West Yee of said Lot 9, a chance of 113.90 feel to a pant on ire 1Nes1 line of said
Lot 9. which shun be The Souirwvesl comer of tie 1.Jan 1T2 of sand Lots. he same being tie Pent of Begrr...g from the line Inc ma:Jim described; theme from ire Pecorl of Begnnig ego
Eastery slang fie South brie of tie North 112 of said Lots 8 sad o, of said Block 18 of said suhdivisiori stove descriced; the same ire Lem the Ncxti line of Scuii 112 of sand Lots 8 and 9.
forming an angle of 80'24'25" wife the Iasi descritaed brie, toe a distarioe of 14 1.91 feet to a peart cn tie East tie of Lot 8, said point being 110.16 feel South of tie Nei -east comer of said Lot
8, wIwtr shun bey tie Southeast comer ear the North 112 of said Lol , the same being the end of ire herein described;
I FAQ that portion of Lois 8 and 9, Bkaotc 18., SECONb CORRECTED PLAT OF PEERC `S SUBDIVISION OF LEMON CITY, according to the map or plat thereof, as recanted m Plat Book 2,
Page 21, of the Punic Records of Piiarni-Dade Ccaioiiy, Fkanda. lying North of a brie that is 25.00 feet South of an mew al right angles, and paralH wm the comer brie of NE 6,2 Sleet as
said center Yne rs SWAM on fee Plat of Joyce Properties &abd omen. according to tie map car pat thereof, as recorded in Plat Back 51, Page 38, of tee Punic Records of PAmirr-Dade Courtly,
Fkanda.
Address: 301 NE 61st Street
Folio: 01-3218-015-0771
Le2a1 Description:
The Sown 112 of Lots 8 and 9, I -kg the Sourti 2.5 fee'. of Lots 8 and 9. Block 18, of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LE CCI CITY, according fro the Plat
%rim//. as mewled or Plat Bock 2. Page 21. of fie Pudic Records of kikami-Dade Crootty, Aaruda.
43658518;2
Address: 6200 NE 4th Court
Folio: 01-3218-024-0200
Legal Description:
a 1, of NORTH GA t, aoec..7.._,''s 1 , r& Rat thereof, a5 reco Ce.3 r Rai kit.;t :.'- °. of lie I' C lewd& of w1.,i i-Llace .ty, h&'_aa; AND lne Neat 2.8 feel of Lol 21, in
- ' . 1 NORTH GATE, acaordag to the Plat thereof, an recorded ma Plat Beak 8, Paget : _ : _ e Records of khan -Dade County, Ronda.
- _=.4.'dD EXCEPT THEREFROM:
PARCEL NO 46:
That pork i of Lots 21 and 22, in Back 1, of NORTH GATE, according b the pled thereof, recorded in P1a1 Back 8, Page 88, of the Public Records of McarrrDade Courhiry, J°Ionda which Yes
w hin a sthp of land 50e0 feet in tihidlh lying 2600 feel On each side of the Easterly exienaon of the center irhe of E. 62 Sleet as said center Y`e is shown on the plat of JOYC
PROPERTIES SUBDIVISION, a000rdrg to tie pal thereof, recorded in Pta1 Book 61, Page 38, of the Puhhe 'Records of Miarri-Dade County, Asada and being more particularly deecrted as
team%:
COMMENCE at the Northeast corner of said Lot 21; ice tin S0°3&68V sing the £arse line of said Lot 21 for a &stance of 1.96 feet to tie pornt of niersecton VAT' a line 2SA0 feet North
o f, as measured at rghl angles, and palate' with the said Easterly exiensv n of the center kite of N.E. 62 Street and to the Pam of Beginning of ire heren described parcel; thence cool tie 70
run S0°3466 i41 along the San lie of Lai 21 and along the East hne of sari Lot 22 for a distance of SE0.01 feet to spool of intersection xith a line 2:5 feet &.ulh of, as measures alright angles,
and pastel with the sand Easterly extension of the center iae of N.E. 62 Steel; thence run NWS4J 46'Vl along the true 26,00 feet South of and pastel with the Easterly extension of the said
ceiiterhrhe of N.E. 62 Steed for a ahslance of 111.11 feet to a pedal of intersection with the West hue of sail Lol 22 said pond of ratersecthon lying 2.00 tel South of Ire Joxiiwest corner of sail
Lot 22, as measured aieng the West ire of said Lot 22; thence run 1'43440 10''E along the Wes! Ire of said Lei 22 and along the Vilest the of said Lot 21 for a distance of r0.01 feet to a pant of
✓ Nersecthan warn a Irrhe Z X feel North of, as measuired al rght angles, and parallel with the said Easterly extension of the sari centerline of N.E. 62 Street, said pant of artersectcn lying 2.03
feel South of the Northwest corner of said Lot 21, as measured along tie Vilest ire of said Lol 21; tierce ail S&V5946T ales the said brie 26.00 feel Jot of and pastel with the Easterly
extension of the said centerline of NE. 62 Steel for a distance of 111.10 feel to a point on the East lane of a®hcl Lori 21 and id the Point of Barging of the herein ewer rid parcel AND that
pormon of Lots 20 and 21 in mid Block 1 wrath des wan the external area formed by a 2..00 fool raring arc concave to the Norihwesl tangent to the Emil Ire of said Lot 20 and tangent to and
rime 26.00 feel North of and pastel with the Easterly extension of lie said centerlre of N.E. 62 Steel. Berrg the same premises described as Parcel No. 46 in Sinai Judgment recorded July
c" " 82 Rewrite Boole 116e0, Page 1 93, of the Piaui records of Mhoxrni-Dade County, Florida.
Address: 6210 NE 4th Court
Folio: 01-3218-024-0180
Legal Description:
Lott 4 irti t e uaih 40.2b 1 t of Lol 18, li.ock 1, of NORTH GATE, acccrdrg to the reap or plat thereof, as recorded in Plat Book 8, Pagie 86, of the Pubic Records of kiliarirDade County,
43658518;2
Address: 320 NE 61st Street
Folio: 01-3218-022-0030
Le2a1 Description:
Begrrwug al a pans 224.6 feel Souri of tie NorttrMeet comer of SW 1/4 of Section 18, Township 53 South, Range 42 East, as shorn CO SECOND CORRECTED PLAT OF PERCE'S
SLEDIViSION LEMON CITY, as recorded in Plat Book 2, Page 21, of the Put& Records of Miami -Dade County, Melia; nn Nortieseterly along ure ; orrnem becalm of Lerman Aisne
81.4.06 feel to the Pcwn1 of Begrrrrig, thence nn Sant 100 feel; a enne rum East 103 feet thence run North 100 feet; thence run West 100 feel to the Pont of B4 Yg, bong and bang n
Miami -Dade County, Fineda.
Also krrxwn as:
The Weal 100.08 feel of the Eas1482.40 feel of the North idni feet of Black 17, SECOND CORRECTED PLAT OF PIERCES SLEDh+ISIOtJ LEMON CITY, as recorded n P t 1 Book 2, Page
21, of the Public Records of Ito rni-Dade County, Ronda, I FAA the Norm 2.6 feet
LESS lust IBM conveyed for Right of Way purposes n ihal Warranty Deed recorded :Ciecemtrer S, t452 n Deed Book 3[44, Page 227, as re-recceded in Oficial Records Bock 4630, Page 496,
boil of the Pubic Reccxds of itliarni-Dade County, Ronda, as more partroubuty deserted as foams:
The Norii two and core -half (2.8) feel, more or teas of the blowing described land:
Beginning a1. a pain. 204.5 feel, South of the Northwest caner of SW 104 of Section 18, Tranship 53 Scum, Range 42 East, as shown on Second Corrected Ptak of Pierce va SubiriE11011 Lemon
City, as recorded in Plat Book 2, Page 21, of ire Pubic Records of MrarnrDade County, Florida; run Noriheaslerty along lie Soumem boundary of Lemon Avenue 819A6 feel to the Pon1 of
Begrrrrig, thence run South 103 feet thence rua Fast 100feel; irence nnNorii 100 feet; thence run West 100 feet io the Peril of Beginning, tying and being III nr-Dade County, Ronda.
Address: 270 NE 61st Street
Folio: 01-3218-015-0200
Le2a1 Description:
Commencing al a pont on the South side of Lemon Avenue, 438 feel East of the Southeast caner of ire rnersec hien of the County Rock Road and Lemon Avenue, thence run Easterly 100
feet thence run Southerly 105 feet,; thence run Wealerty 103 feel; thence nn I.Joitherty 1120 feet to the Porn of Beginning; be in Pierce's Son of Lemon City in Sectrcn 18, Townslrp
63 South, Range 42 East, according to the Second Corrected Plat of Piercesa Syron of Lemon City, as resealed in Plat. Book 2, Page 21, of the Pubic Records of Miami -Dade Canty,
Ronda.
LPPS AND EXCEPT the lands conveyed to The City of Murry, a municipal oorporatren in Warranty Deed under Clerk's File No. CC-44485, as recorded in Deed Bock 3471, Page 4d.3, of lie
Pilate Records of MiarmiDade Colony, Rends
Address: 334 & 350 NE 60th Street
Folio: 01-3218-016-0140; 01-3218-016-0150
Le2a1 Description:
Lots 20, 21, 22 and 23, of B &CAME PARK, acceichrig io the plat hereof, recanted NORM BraCm 1, Page 1%, of the Putty is Records of ilifiami-Gayle Courtr♦y, (Fonda.
43658518;2
Address: 296 NE 60th Street
Folio: 01-3218-016-0100
Le2a1 Description:
Lo1 16, of BISCAYNE PAW, aimorchrig io tie plal lheieof ar3 reccecled .n Ptarl ' 1, Pam i d, of the Pcbl e f eoNds of t4'trarrrrDade Coady, Fkx da.
Address: 270 NE 60th Street
Folio: 01-3218-016-0070
Le2a1 Description:
Lol 11, of BISCAYNE PARE, aocerhrrg is fie rnapce Mal Thereof, as recor m Pal look 1, Parke 1g8, of fie P„ tle Records of Haarr.-Dade Count , F1ar.da.
Address: 250 NE 61st Street
Folio: 01-3218-015-0180
Le2a1 Description:
BEGINNING at a point 25 feet East and 204.5 feet South
of Northwest corner of Southwest 114 in Section 18,
Township 53 South, Range 42 East, this point being the
Southeast corner of the intersection of Lemon Avenue as
now traveled and the County Road, thence run in a
Northeasterly direction along said Lemon Avenue 328 feet
to POINT OF BEGINNING; thence run in a Northeasterly
direction along the South line of said Lemon Avenue 50
feet; thence South 100 feet; thence run in a Southwesterly
direction parallel with said Lemon Avenue 50 feet; thence
run North 100 feet to POINT OF BEGINNING_
43658518;2
Address: 262 NE 61st Street
Folio: 01-3218-015-0170
Le2a1 Description:
BEGINNING at a point 25 feet East and 204 feet and six
inches South of the Northwest corner of the Southwest
quarter of Section 18, Township 53 South, Range 42 East,
this point being the Southeast corner of the intersection of
Lemon Avenue as now travelled and the County Rock
Road; thence run in a Northeasterly direction along said
Lemon Avenue 378 feet, this point being the PLACE OF
BEGINNING; thence running a Northeasterly direction
along the South line of said Lemon Avenue 60 feet;
thence South 100 feet; thence in a Southwesterly direction
parallel with Lemon Avenue, 60 feet; thence North 100
feet to the PLACE OF BEGINNING, Tying and being in
Miami -Dade County, Florida; subject to z feet deeded to
the City of Miami from North side of property for street
purposes, deed dated January 27, 1953, in Deed gook
3741, at page 443, of the Public Records of Miami -Dade
County, Florida_
Address: 6380 NE 4th Avenue
Folio: 01-3218-020-0321
Le2a1 Description:
North 105.79 of the South 360 feet of
Tract "R" REID ACRES, according to
the Plat thereof, as recorded in Plat
Book 50, at Page 84, of the Public
Records of M iarni-Dade County, Florida.
43658518;2
Address: 6301 NE 4th Avenue
Folio: 01-3218-020-0361
Le2a1 Description:
A portion of Tract T. of REID ACRES, according to the Plat thereof, as recorded in Plat Book 50, Page 84, of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
BEGINNING at the Southeast corner of said Tract "T"; thence North 00'01'34" West along the Easterly boundary of said Tract "T', a distance of 266.67 feet (said course being coincident with
the Westerly right of way line of the Florida East Coast Railway); thence Norlh 07'56'2T' West, a distance of 72.16 feet to a paint of curvature; thence Northwesterly along a circular curve to the
left, having a radius of 351.26 feet and a central angle of 04'36'21", for an arc distance of 28.24 feet (the last mentioned 2 courses being coincident with the Southwesterly boundary of that
certain railway easement recorded in Deed Book 3719, Page 148, of the Public Records of Miami -Dade County, Florida); thence South 89°58'26" West at right angles to the next described
course, a distance of 235.03 feet thence South 00°01'34" East along the Westerly boundary of said Tract "T", a distance of 364.43 feet thence South 89° 41' 10" East along the Southerly
boundary line of said Tract °'T", a distance of 250.00 feet to the point of beginning_
Address: 415 NE 62nd Street
Folio: 01-3218-047-0010
Le2a1 Description:
Parcel "3":
Tram. "A", 01 DI VISION anc0rdrrg to the Plat iiere+af, as recorded r1 Plat Book 67, Page 23, of they Purt4 C Records of Miami -Dade County, Florida, Be of tie atove tying and bent) in
Section 18, T0'ar`s a 4a.1h, Range 42 East, Muarn-DadeCoumy, Florida.
Address: 365 NE 61st Street
Folio: 01-3218-015-0730
Legal Description:
Lot 4, Block 18 of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, aeecrcLrrg t5 the Plat thereof as recorded rr PIa1 Book 2, Page 21, of tie Put71Nc Records of
Miam -Dade County, Fle rirla.
And
LESS ire South 2.6 feet and I FAA AND ExCEPT that patron of Lot 4, SicKe 18 of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON) CITY, according to tie PIat. thereof
Be recorded in Plat nook 2, Page 21, of the Pudic Records of f trarr.-Dade County, Fkxrda, which be Tait of a Me that ra 25 et feet Swill of. as measured at win angles, and pars eI with
the center Yne of N.E. 62 Street, as and center tine as ahowan on the plat of JOYCE PROPERTIES SLJi3DIVISION , according 12. tie plat thereof recorded in Plat Book 61, Page 38, of the Pubic
Reccids of Miarri-Dade County, Fknda, pursuant to Order of Taking recorded n Offcial Records Book 10738, Page 1721 logelher will Final Judgment as to Parcel No.'s 42 and 44 recorded ri
Official Records nook 10877, Page 2083, of tie Public Records of Mrarm-Dade County, -Florida
43658518;2
Address: 298 NE 61st Street
Folio: 01-3218-022-0100
Le2a1 Description:
BEGINNING at a point 204.05 feet South of the Northwest corner of the
Southwest 1/4 in Section 18, Township 53 South: Range 42 East; thence
run 613 feet NortheaRterly+ to a POINT OF BEGINNING; thence run
South 100 feet: thence East 105.E feet: thence North 100 feet thence
West 105.5 feet to POINT OF BEGINNING, less the North 2.5 feet
thereof, lying and being in Miami -Dade County, Florida_
Address: 300 NE 61st Street
Folio: 01-3218-022-0010
Le2a1 Description:
BEGINNING at a point 204.05 feet South of the Northwest corner of the
Southwest 114 in Section 18, Township 53 South: Range 42 East; thence
run 718.5 feet Northeasterly to a POINT OF BEGINNING; thence run
South 100 feet; thence East 50 feet; thence North 100 feet thence West
50 feet to POINT OF BEGINNING, less the North 2.5 feet thereof, lying
.and being in Miami -Dade County, Florida_
Address: 310 NE 61st Street
Folio: 01-3218-022-0020
Le2a1 Description:
BEGINNING at a point 204.05 feet South of the Northwest corner of the
Southwest 1/4 in Section 18, Township 53 South, Range 42 East; thence
run 768.5 feet Northeasterly to a POINT OF BEGINNING thence run
South 100 feet; thence East 50 feet; thence North 100 feet thence West
50 feet to POINT OF BEGINNING: less the North 2.5 feet thereof, lying
and being in Miami -Dade County, Florida_
43658518;2
Address: 340 NE 61st Street
Folio: 01-3218-022-0040
Le2a1 Description:
DULLAMS UNRECORDED PLAT, SAME BEGINNING 204.5 FT_ SOUTH AND
918.5 FT_ EAST OF NW CORNER SW 114 SOUTH 100 FT EAST 100 FT.
NORTH 100 FT. WEST 100 LOT 5 & 0 LESS 2.5 FT. FOR ST.
(LEGAL DESCRIPTION AS PER OFFICIAL RECORDS BOOK 27029 PAGE
2669 MIAMI-DADE COUNTY. FL RECORDS)
Address: 371 NE 61st Street
Folio: 01-3218-015-0720
Le2a1 Description:
LOT 3, LESS THE EAST 1.00 FOOT THEREOF, AND LESS THE NORTH
7.50 FEET AND THE SOUTH 2.50 FEET THEREOF FOR ROAD
RIGHT-OF-WAY, IN BLOCK 18 OF "SECOND CORRECTED PLAT OF
PIERCES SUBDIVISION„ LEMON CITY" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 21 OF THE PUBLIC
RECORDS OF M IAMI-DADE COUNTY, FLORI FLORIDA.
Address: 6350 NE 4th Avenue
Folio: 01-3218-020-0320
Le2a1 Description:
The North 134.21 feed of the South
254.21 feet of Tract "R' REIO ACRES,
according to the Plat thereof, as
re riled in Pi -at Belk 50, at Page 84,
of the Public R cords of Miami -Dade
County, Florida.
43658518;2
Address: 353 NE 61st Street
Folio: 01-3218-015-0740
Le2a1 Description:
LOT 5, LESS THE SOUTH 2.5 FEET, BLOCK 18, OF "SECOND CORRECTIVE PLAT OF
PIERCE'S SUBDIVISION OF LEMON CITY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
Address: 288 NE 61st Street
Folio: 01-3218-022-0090
Le2a1 Description:
BEGINNING AT A POINT 204.5 FEET SOUTH OF THE QUARTER SECTION CORNER ON THE WEST LINE OF
SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, WHERE THE SOUTH LINE OF LEMON AVENUE,
PRODUCED WESTERLY, WOULD INTERSECT THE WEST LINE OF THE SAID SECTION 18, THENCE RUN
NORTHEASTERLY ALONG THE SOUTH LINE OF LEMON AVENUE AND THE SOUTH LINE OF LEMON AVENUE
PRODUCED WESTERLY, A DISTANCE OF 563 FEET FOR THE NW CORNER OF THE TRACT HEREBY
CONVEYED; THENCE RUN SOUTH 100 FEET; THENCE RUN EASTERLY AND PARALLEL TO THE SOUTH LINE
OF LEMON AVENUE, 50 FEET; THENCE RUN 100 FEET TO THE SOUTH LINE OF LEMON AVENUE; THENCE
RUN WESTERLY ALONG THE SOUTH LINE OF LEMON AVENUE, 50 FEET TO THE NW CORNER OF THE TRACT
HEREBY CONVEYED: LESS AND EXCEPT THE LANDS CONVEYED TO THE CITY OF MIAMI, A MUNICIPAL
CORPORATION IN WARRANTY DEED RECORDED IN DEED BOOK 3657, PAGE 282 AND RERECORDED IN O.R.
BOOK 4695, PAGE 288, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL
IDENTIFICATION NUMBER: 01-3218-022-0090
Address: 370 NE 60th Street
Folio: 01-3218-016-0180
Le2a1 Description:
LOT 24 OF BISCAYNE PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PL4 T BOOK }, ATPAGE
195 OF THE PUBLIC RECORDS OF MIAMf-VADE COUNTY, FLORIDA.
43658518;2
Address: 5972 & 5974 NE 4th Avenue
Folio: 01-3218-089-0010; 01-3218-089-0020
Le2a1 Description:
UNIT 5972 AND UNIT 5974, OF 380 WAREHOUSE CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 28550, PAGE 4835 AND ALL
EXI-!!BITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Address: 5952 NE 4th Avenue
Folio: 01-3218-016-0200
Legal Description:
LOTS 27, 2$ AND 29, OF BISCA YNE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, AT PAGE 198, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
43658518;2
EXHIBIT B
Approved Regulating Plan
See attached.
Exhibit B — Final Approved Regulating Plan to be added following final City Commission
approval.
EXHIBIT C
Approved Concept Book
See attached.
Exhibit C — Final Approved Concept Book to be added following final City Commission
approval.
EXHIBIT D
Conceptual Phasing Schedule
See attached.
CITY
INNOVATION DISTRICT
Magic City Innovation District
Conceptual Phasing Plan
Parcel
2013
2020
2021 2022
2023 2024
2025
2026
2027
2023
2029
2030
2031
2032
2033
2034
1
2
Begin Co ruction
Consbucten Completion
Begin Colrstructian _
Construction Completion
_
3
Begin Construction
4
Begin Construction
„"__0:l
Construction Completion
5
Begin Construction
Construction Completion
6
Begin Construction
Construction Completion
v
Begin Construction
Construction Completion
8
Begin Construction
End Construction
9
Begin Construction
Construction In Progress
Construction Completion
10
Begin Construction
Construction In Progl
Construction Completion
11
Begin Construction
Construction In Progress:
Construction Completion
12
Begin Construction
Construction Completion
13
Begin Ccnstmctron
Construction In Progress
Construction Completion
14
Begin Construction
Construction Completion
15
Begin Construction
16
n
Construction Completion
17
Begin Construction
MAGIC CITY INNOVATION DISTRICT SAP - CONCEPTUAL PHASING PLAN
NOTE: PROPOSED CONCEPTUAL PHASING PLAN ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT
I Begin Construction
'Construction In Progress
Construction Completion
CITY OF MIAMI
HEARING BOARDS
PLANS EVIEW
H„mc Hoards Grr _Date
C%
Q VIA1,,f
Br: trio
June 20, 2018
47
EXHIBIT E
Adopted Little Haiti/Lemon City Design Guidelines
See attached.
CITY OF MIAMI PLANNING DEPARTMENT
HISTORIC LEMON CITY/ LITTLE HAITI CREOLE DISTRICT DESIGN GUIDELINES
Lemon City, though never incorporated, was one of the earliest settlements in the Miami area, with its history dating
back to c. 1870, when pioneers rushed to claim their share of land offered by the federal government through the
Homestead Act. E.H. Harrington named the area for the lemon trees growing on his property, and the first use of the
name "Lemon City" is recorded by the County in 1889. Lemon City grew as a result of the naturally occurring deep
water port located at the Bay and what is now NE 61st Street. By 1896 with the arrival of the Florida East Coast
Railway, Lemon City prospered with its main industries farming, fishing and shipping. By the 1920s Lemon City
became a prime location for tourist camps. These camps, or parks, often had cabins for the thrifty "tin can" tourists
who vacationed in Florida. One of these cabin courts, called "Magic City" remains today. One other building, the
drugstore and medical office of Dr. John Gordon Du Puis, built in 1902 at 6041 NE 2nd Avenue also remains of the
once prospering community. The City of Miami annexed Lemon City in 1925.
Decades later the former Lemon City community saw its share of emigres, particularly from Haiti. The infusion of this
culture has brought a new and vibrant "personality" to the area. The intent of these design guidelines is to influence
future public and private development to respect and enhance the character of Lemon City and the Haitian culture of
Little Haiti as a desirable place to live, work, and recreate. Access to Little Haiti Park shall be important for all
pedestrians, including elderly and children. The main goals and strategic actions contained in the Miami Design
District and Little Haiti Creole District Planning Study completed in November 1998, is to encourage revitalization
focused on arts and design, strong urban character, and the area's importance as a commercial mixed use core for
the surrounding residential neighborhoods. The intent encourages mixed -use structures with activities that generally
serve the retailing, service, and housing needs.
The Historic Lemon City/Little Haiti Creole District shall include all properties along NE 2nd Avenue between 52nd and
71st Streets. These guidelines will apply architectural and design standards to this highly visible area strategically
located along NE 2nd Avenue, to protect against inappropriate, discordant or incongruent design. The design
standards will encourage appropriate development for the community character and conservation of its unique
cultural and historic heritage. This District is one of Miami's cultural gateways into the city and should be conserved
and enhanced in a manner consistent with the heritage of the Haitian Caribbean island culture. The guidelines will
assist in insuring that future development and redevelopment activity along the NE 2nd Avenue corridor respects this
character and compliments the scale and variety of uses within the neighborhood. This unique blend of retail, office
and residential uses characterize NE 2nd Avenue as a special urban neighborhood with a high volume of pedestrian
activity.
The architecture associated with Haiti is characterized as "French -Creole", a unique mixture of cultural traditions that
reflect French and Spanish building traditions. Haiti, occupied by both the Spanish and the French, is also fiercely
independent and with its own vernacular traditions synthesized a unique architectural type. Buildings within the area
described in these guidelines shall be built to respect this culture, tradition, and architecture. The following guidelines
will help to produce an aesthetic cultural idenitity:
(1) Buildings shall be designed with the Carribean climate in mind and complementing the Carribbean-French Creole
designed facades reminiscent of the Haitian culture and community's desired appearance.
(2) Chain link fencing shall not be placed in the first layer adjacent to NE 2nd Avenue; unless it is of a temporary
nature.
EXHIBIT F
List of Required Roadway Improvements
See attached.
Required Roadway Improvements
Exhibit F to Magic City SAP Development Agreement
• Prior to any Temporary or Permanent Certificate of Occupancy issued on Parcel 5 (as
identified on the Parcelization Plan at Sheet 43 of the Concept Book), scheduled for
construction completion in 2028 (as shown on the Conceptual Phasing Plan at Sheet 47 of
the Concept Book):
o Realignment of the two (2) offset, stop -controlled intersections of NE 62nd Street
at NE 4th Avenue (West) and NE 62nd Street at NE 4th Avenue (East) with NE 61st
Street at NE 4th Avenue. The proposed realigned segment of NE 4th Avenue
between NE 62nd Street and NE 61st Street will provide a three (3) lane section with
an exclusive left -turn lane and an exclusive through lane at the northbound
approach at the intersection of NE 62nd Street and NE 4th Avenue and at the
southbound approach at the intersection of NE 61st Street and NE 4th Avenue.
o The southbound approach at the intersection of NE 62nd Street and NE 4th Avenue
will be reconfigured to provide one (1) through lane and one (1) exclusive right -turn
lane (245 feet). Please note that right-of-way is not required for this improvement
as on -street parking is provided along the west side of NE 4th Avenue just north of
NE 62nd Street.
• Prior to any Temporary or Permanent Certificate of Occupancy issued on Parcel 9 (as
identified on the Parcelization Plan at Sheet 43 of the Concept Book), scheduled for
construction completion in 2032 (as shown on the Conceptual Phasing Plan at Sheet 47 of
the Concept Book):
o Parcel 9, 2032: Extension of NE 3rd Avenue from NE 61st Street to NE 59th
Terrace. Note that the Applicant is coordinating with the City of Miami Planning
Department to convert a portion of the existing surface parking lot located on the
north side of NE 59th Terrace into the NE 3rd Avenue extension.
o Parcel 9, 2032: The westbound approach at the intersection of NE 60th Street and
NE 2nd Avenue will be reconfigured to provide one (1) exclusive left -turn lane (325
feet) and one (1) exclusive right -turn lane.
45990954;1
EXHIBIT G
Joinder Form
See attached.
Exhibit "G"
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 of Miami ("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, regarding the Magic City Innovation District Special Area Plan (the "SAP"); 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 the joinder of additional Abutting (as
defined in Miami 21) properties subsequent to the Development Agreement's Effective Date (as
defined therein) through the execution and recordation of this Joinder Form, provided the
incorporation of such additional properties into the SAP has received all required City of Miami
("City") approvals (including the review and recommendation by the City's Planning, Zoning and
Appeals Board ("PZAB") and approval by the City Commission); and
WHEREAS, the undersigned owns property or a property interest Abutting the SAP to be
incorporated in the SAP, more particularly described in Exhibit "A" attached hereto (the "Joinder
Property"); and
WHEREAS, the undersigned desires to enjoy the benefits conferred upon the Developer
under the Development Agreement in respect of the Joinder Property, and in consideration for
such benefits agrees to be bound by the obligations imposed therein upon the Developer.
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 the Joinder Property becomes an incorporated property pursuant to the Development
Agreement subject in all respects to the terms and conditions thereof.
The undersigned, and the Joinder Property, as applicable, 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 Joinder Property which the undersigned owns, provided the
incorporation of the Joinder Property into the SAP has received all required City approvals
(including the required review and recommendation by the PZAB and approval by the City
Commission to amend the Miami 21 Atlas in respect of the Joinder Property's inclusion in the
45745448;1
SAP). 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 Agreement against the undersigned and the Joinder Property, to the extent applicable
to the Joinder 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 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:
45745448;1
The City hereby acknowledges and consents to the joinder of the above signatory and the
Joinder Property 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:
, City Manager
APPROVED AS TO FORM AND CORRECTNESS:
By:
, City Attorney
Witnesses:
Print Name:
Print Name:
STATE OF
COUNTY OF
) SS:
)
The foregoing instrument was acknowledged before me this day of
20 , by , in his/her 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
Print Name:
Commission Number:
My Commission Expires:
45745448;1
EXHIBIT A
Joinder Property Address and Legal Description
45745448;1
EXHIBIT B
Updated Regulating Plan
See attached.
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 1.1. DEFINITIONS OF BUILDING
FUNCTION: USES (Article 4, Table 3)
MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN (SAP)
The Magic City Innovation District SAP is a phased, mixed -use and innovation -oriented project located in the heart of
Little Haiti with its core values and concepts focused in entrepreneurship and innovation; technology; arts and
entertainment; sustainability and resiliency; and health and wellness. The total site area consists of approximately
seventeen point seventy-five (17.75) acres of contiguous parcels, generally bounded as follows: (i) on the North, by
the Little Haiti Soccer Park and NE 64th Terrace; (ii) on the East, by NE 4th Court and NE 4th Avenue; (iii) on the
South, by NE 60th Street; and (iv) on the West, by NE 2nd Avenue. The exact site area of the Magic City Innovation
District SAP is described in detail in the Concept Book and Development Agreement which accompany this
Regulating Plan.
ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
a. RESIDENTIAL
Micro Unit Residence: A Residential Use within a mixed -Use Building, in which at least 50% of Residential
Use Floor Area is comprised of Micro Units, with shared access to a common kitchen facility on same Floor,
dining room, living room, accessory communal workspace, laundry facility and includes a Ped-Bike Station
on ground Story with access from a Principal Frontage. See Article 6, Table 13 of this Regulating Plan.
Work -Live: A mixed -Use unit that contains a commercial, office or light industrial component. The work
component may exceeds fifty percent (50%) of the Dwelling Unit area. See Article 6.
d. COMMERCIAL
Open Air Retail: A retail sales establishment operated substantially in the open air including, but not limited
to: farmers market, Flea Markets, cafes, Retail Merchandising Units, and the like. Uses not included are: car
sales, equipment sales, boats sales, and home and garden supplies and equipment. See Article 6.
Place of Assembly: A commercial facility for public assembly including but not limited to: arenas,
auditoriums, conference facilities, convention centers, exhibition halls, major sports facilities, theaters and
performing arts centers, entertainment -oriented venues featuring art, theatrical, music, cultural and similar
performances including a combination thereof, innovative flex or other compartmentalized spaces where
performances or displays are provided to audiences, and the like.
1
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 1.1. DEFINITIONS OF BUILDING
FUNCTION: USES (Article 4, Table 3)
Media Production Facility: A facility primarily used for media, film and/or digital production, including
staging, pre -production activities, production, and post -production editing, inclusive of ancillary storage,
packaging, offices and sales support.
Art Gallery: A place of business primarily engaged in the display and sale of art work created on or off site,
with works available for immediate purchase and removal from the premises. Any art work created on site
shall be created within a fully enclosed Structure, unless otherwise approved by SAP Permit.
Manufacturing -Enabled Retail: A facility which shall include on -premises retail sales of goods
manufactured, processed or assembled on -site at the facility.
Flex Space Use: A mixed Use facility consisting of a combination of Commercial and Office Uses that
provide a flexible configuration of collaborative work spaces within a Building, including but not limited to
Media Production Facility, Place of Assembly, theatrical performance space, Manufactured -Enabled Retail,
warehouse, Art Gallery, exhibition, museum and/or conference space, along with related Office space.
Habitable Space located on the ground Floor shall contain active Uses.
***
f. CIVIL SUPPORT
Major Facility: A large facility of an institutional nature including but not limited to Hospitals, public health
and social service facilities, rct=rch facilities, shelters, judicial Buildings, Jails, Detention Facilities, work
camps, cemeteries, mausoleums, Ambulance Services, Pharmaceutical Laboratories, or the like.
g. EDUCATIONAL
Research Facility: A facility for innovation, research and development that does not involve the use of
human testing, animal husbandry, incinerators, heavy equipment, mass manufacturing, fabrication,
processing, or sale of products. A Research Facility shall include facilities for research and development in
consumer and workplace media, entertainment and communications platforms and infrastructure, including
without limitation, hardware, software, marketing, content and strategy for consumer and workplace
computing and systems, electronic and internet-based media and communications platforms and
telecommunications devices, and innovation in entertainment and performance media. Any facility involving
human testing, animal husbandry, and the use of incinerators shall be considered a Major Facility.
Special Training / Vocational: A facility offering instruction or training in trades or occupations such as
secretarial, paralegal, business, beauty, barber, bartender, acupuncture, massage, design, fine arts, music
and dance, visual performance arts, or other similar vocations. Thi class,ficat,on cxclud training and
education in any activity that is not otherwise permitted in the zone.
e. INDUSTRIAL
2
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 1.1. DEFINITIONS OF BUILDING
FUNCTION: USES (Article 4, Table 3)
This category is intended to encompass land Use functions connected with a business or activity involving
manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and
equipment facilities, and other business serving primarily industrial needs. Residential Uses are not permitted
except for live aboard in commercial marinas, Micro Unit Residences and limited work -live Uses.
3
MIAMI 21- JANUARY 2018
DRAFT - 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 1.2. DEFINITIONS OF TERMS
1.2 DEFINITIONS OF TERMS
This section provides definitions for terms in this Regulating Plan for use herein and in the Code
that are technical in nature or that might not be otherwise reflect a common usage of the word.
Terms not defined herein shall have the meaning provided in Miami 21. The definitions for Terms
listed herein shall only apply within the SAP Area.
Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or
boundary; terminate on. Abutting properties include properties across a street or alley, or across
the Promenade du Grand Bois.
Architectural Treatment: The provision of architectural and/or landscape elements on a Facade
which serve to visually screen non -active Uses. Architectural Treatment shall be provided for all
non -active Use Facade elevations and shall be integrated with the design of adjacent active Uses.
Architectural Treatment should conceal all internal elements such as plumbing pipes, fans, ducts
and lighting. Architectural Treatment shall be provided through a combination of two or more
treatments, including, but not limited to, the use of materials and construction assemblies;
continuation of fenestration patterns, architectural features, articulation and rhythm; application of
architectural screens, meshes, louvres, art and glass; the incorporation of vegetated surfaces and
planters pursuant to a maintenance agreement approved by SAP Permit.
Block: The aggregate of private Lots, passages, rear lanes and Alleys, the perimeter of which
abuts Thoroughfares, rail corridors and/or public spaces.
Building Function: The Uses accommodated by a Building and its Lot. Functions are categorized
as Restricted, Limited, or Open, according to the Intensity of the Use. Uses permitted in the Open
category may be provided within a Flex Space as provided herein.
Cantilever: A Frontage consisting of a portion of a Facade with a projecting or protruding section
of a Building above the ground level Story and open to a I horoughtare or Civic Space I ype on one
(1) side. The area below a Cantilever may be an extension of a Civic Space Type. A Cantilever
may project beyond the Frontage Line into a Civic Space Type (including into the Promenade du
Grand Bois) within the SAP Area up to five (5) feet, including into an improved privately -owned
outdoor area (even if open to the public). See Frontages Article 4, Table 6 of this Regulating Plan.
Civic Space Types: Open Space defined by the combination of certain physical constants
including the relationship between their intended Use, their size, their landscaping and their
enfronting Buildings. See Article 4, Table 7 of this Regulating Plan. The Promenade du Grand
Bois shall be considered a Civic Space Type for purposes of this Regulating Plan and Miami 21.
Concept Book: Plans, drawings and diagrams which accompany the SAP and illustrate the intent
of this Regulating Plan, as the same may be amended from time to time.
1
MIAMI 21- JANUARY 2018
DRAFT - 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 1.2. DEFINITIONS OF TERMS
Development Agreement: The Development Agreement for the Magic City Innovation District
SAP approved by the City Commission pursuant to Ch. 163, Florida Statutes, and Section 3.9.1.f of
the Miami 21 Code, as the same may be amended from time to time.
Floor Area: The floor area within the inside perimeter of the outside walls of the Building including
hall -ways, stairs, closets, thickness of walls, columns and other features, and parking and loading
areas, and excluding only interior Atria and open air spaces such as exterior corridors, Galleries,
Porches, balconies and roof areas. Also means Building or Development Capacity.
Frontage: The area between a Building Facade and the vehicular lanes of a Thoroughfare or the
pavement of a Pedestrian Passage, or a Civic Space Type as identified within Article 4, Table 7 of
this Regulating Plan.
Frontage, Principal: That Frontage facing the public space such as a Thoroughfare of higher
pedestrian importance (i.e., traffic volume, number of lanes, etc.). Within the SAP Area, Principal
Frontages shall be limited to those identified in the Concept Book.
Frontage, Secondary: That Frontage facing the public space such as a Thoroughfare that is of
lesser pedestrian importance (i.e., traffic volume, number of lanes, etc.). Within the SAP Area, all
Frontages shall be considered Secondary except those identified as Principle Frontages in the
Concept Book.
Lot Coverage: The area of the Lot occupied by all Buildings, excluding Structures such as decks,
pools, Galleries, and trellises.
Magic City SAP Parking Program: A centralized parking system to be provided within the SAP
Area, including on -site and off -site parking, valet operations and shared parking facilities, which
shall account for parking compliance in the aggregate concurrent with each phase of development
of the SAP. See Article 4 of this Regulating Plan and Concept Book Sheet 34.
Market Pavilion: A Building or Structure used for occasional or periodic sale of goods, including
but not limited to fresh or prepared foods and beverages, for limited periods of times and which
may be located within the Promenade du Grand Bois.
Micro Unit: A small Multi -Family Residential Dwelling Unit type that shall include sanitary facilities
and kitchen facilities. See Article 6, Table 13 of this Regulating Plan.
Open Space: Any parcel or area of land or water essentially unimproved by permanent Buildings
and open to the sky, excluding open parking areas; such space shall be reserved for public or
private Use. Open Spaces may include Parks, Greens, Squares, Courtyards, Gardens,
Playgrounds, Paseos (when designed predominantly for pedestrians), and pedestrian paths or
associated landscaped areas.
Ped-Bike Station: A facility within the first Story of a mixed -Use Building in a Transit Corridor or
TOD area ancillary to Residential, Office, Commercial, Civic, or Civil Support Uses that contains
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bicycle rack spaces required for and supplemental to principal Uses within the Building, and
contains lockers and sanitary facilities, and may include other amenities supporting of pedestrian
and bicycle transportation and transit service, such as showers, lounge, computer stations, and
vending machines.
Pedestal: That portion of a Building up to a maximum Height of one hundred twenty-three (123)
feet, as measured from the average sidewalk elevation of the crown of the adjacent right of way.
Pedestrian Passage: An Open Space connecting other public spaces, that is restricted to
pedestrian use and limited vehicular access that connects Thoroughfares, Plazas, Alleys, Garages
and other public use spaces, and Civic Space Types. A Pedestrian Passage shall have frequent
doors and windows.
Plaza: See Article 4, Table 7 of this Regulating Plan.
Promenade: See Article 4, Table 7 of this Regulating Plan.
Promenade du Grand Bois: A privately -owned and publicly accessible Open Space and Civic
Space Type within the SAP Area intended to provide enhanced connectivity, commercial and non-
commercial activation. See Article 4, Table 7 of this Regulating Plan. The Promenade du Grand
Bois is illustrated in detail in the Concept Book and the Development Agreement.
Regulating Plan: This Regulating Plan for the SAP, as set forth in this Appendix to Miami 21, as
the same may be amended from time to time.
Retail Merchandising Unit: A freestanding structure, including but not limited to a vending cart or
kiosk, open on one or more sides, fixed or portable, which may be connected to electricity and/or
potable water, used as Open Air Retail for a Commercial purpose or for the display or
dissemination of information.
SAP: The Magic City Innovation District Special Area Plan, inclusive of the properties identified
within its boundaries, as approved by the City Commission, and subject to the adopted Regulating
Plan, Concept Book, and Development Agreement. See also Article 2.1.1 of this Regulating Plan.
SAP Area: The property area located within the SAP boundaries.
SAP Campus Zones: The following four (4) campus zones delineated within the SAP Area on
Sheet 22 of the Concept Book:
• Le Marche DuPuis: The western corridor SAP Campus Zone with T5-0 Transect Zone
designation located adjacent to NE 2nd Avenue.
• Les Bureaux: The western core SAP Campus Zone with MCID-1 Transect Zone
designation located west of the central MCID-2 Transect Zone area.
• Les Residences: The central core SAP Campus Zone with MCID-2 and D1 Transect Zone
designations.
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• Les Ateliers: The eastern core SAP Campus Zone with MCID-1 and D1 Transect Zone
designations located east of the central MCID-2 Transect Zone area and extending to NE
4th Court.
SAP Permit: Magic City Innovation District SAP Permit approved pursuant to the requirements of
Article 7.2.1.10 of this Regulating Plan.
Thoroughfare: A vehicular way incorporating moving lanes and parking lanes within a right-of-way
as part of an interconnected network for vehicular, pedestrian and bicycle mobility. For purposes
of designating a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid) within the SAP,
Thoroughfare also includes a principal pedestrian right-of-way of at least fifty (50) feet in width and
two hundred fifty (250) feet in uninterrupted length which directly connects to a full public right-of-
way having vehicular, pedestrian, and bicycle mobility components.
Transect Zone (T-Zone): The identification of areas of varying Density whose character is
determined by the requirements for Use, Height, Setback and the form of Building and the form of
the enfronting public streetscape. The elements are determined by their location on the Transect
scale. The T-Zones are: T1 Natural, T2 Rural, T3 Sub -Urban, T4 Urban General, T5 Urban Center,
and T6 Urban Core, MCID Magic City Innovation District Urban Core, CS Civic Space, CI Civic
Institutional, CI -HD Civic Institution — Health District, D1 Work Place, D2 Industrial and D3
Waterfront Industrial. Within T3 through T6 Zones are additional categories, Restricted (R), Limited
(L) and Open (0), and each category shall also be considered a T-Zone. The MCID Transect Zone
has two (2) subcategories, MCID-1 and MCID-2, as described and applicable throughout this
Regulating Plan.
Transit Oriented Development (TOD): A designation established by the City involving an area n
exceeding consisting of a one-half (1/2) mile radius from a convergence of modes of transit, or a
train station.
Transit Corridor: An area within a one -quarter (1/4) mile of a non -limited access thoroughfare that
includes designated transit stop locations and is served by one or more mass transit route(s) with
designated transit vehicle(s) operating at an average of fifteen (15) minute or less headway
Monday thru Friday between the hours of 7 a.m. through 7 p.m. Multiple transit routes or types of
transit vehicles may be added cumulatively under this definition for the purpose of Transit Corridor
parking reductions.
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2.1 PURPOSE AND INTENT
2.1.1 Title and Purpose of Magic City Innovation District Special Area Plan
a. The Magic City Innovation District Special Area Plan (referred to herein as the "SAP")
facilitates a master plan for the anticipated redevelopment of approximately seventeen
point seventy-five (17.75) Abutting acres of land consisting of the former Magic City trailer
park and adjacent outdated and obsolete industrial and warehouse buildings, with the
purpose of revitalizing the Little Haiti and Little River neighborhoods to create a world -class
destination. The SAP will attract a community of leading innovators who will disrupt and
change the world through advancing technologies that span verticals from art to
architecture, new -tech to clean -tech, fashion to food, media to film production, and
software to sustainability. The mixed -use urban campus will facilitate innovation, economic
development and walkability within and around the campus area, enhanced green space
and tree canopy conservation, arts and culture, resiliency and activation within the borders
of the SAP and within the surrounding communities.
b. The primary purpose of the SAP is consistent with Section 3.9 of this Code, to allow
greater integration of public improvements and infrastructure; enhanced thoroughfare
connectivity, a variety of Building Heights; massing and streetscape design, high quality
design elements, all in order to further the intent of this Code.
2.1.2 Intent, Project Pillars and Guiding Principles
a. The intent of the SAP is to guide the revitalization and redevelopment of former
trailer park and old industrial and warehouse buildings. The SAP will establish a
series of mixed -use commercial, residential and entertainment complexes with a spotlight
on local businesses and community networks. The SAP will become a hub for hands-on
learning opportunities with leaders in the fields of technology, sustainability and business
innovation, thus creating a vibrant neighborhood brought to life by art, sculpture and
experiential design.
b. The SAP is guided by the following project pillars
1. Cultural Heritage. Preserve the cultural identity and heritage of central Little Haiti
through the Little Haiti -French Creole Design Standards, reflecting the rich
Caribbean cultural heritage appropriate for NE 2nd Avenue.
2. Technology. Develop a community that houses an entire start-up ecosystem,
supporting entrepreneurs with incubators, accelerators, venture capital financing
and mentorinq programs. The SAP development will be at the forefront of global
technology and innovation.
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3. Art & Entertainment. Create a world -class destination for immersive art
experiences that showcases groundbreaking entertainment, music, performances,
sculptures and art from around the globe.
4. Sustainability & Resiliency. Utilize forward thinking urban planning in the
construction of the SAP to minimize environmental impact, improve resiliency, and
building efficiencies to promote a healthy environment for people to live, work,
learn and play.
5. Health & Wellness. Promote well-being and longevity for all, by providing a
neighborhood focused on health and wellness.
c. Guiding Principles
1. Walkable Integrated Campus. A mixed -use master plan designed as a walkable
campus that will consist of retail, office, residential, hotel, entertainment, parks and
other public spaces.
2. Celebration of Cultural Diversity. Enhancement of the cultural connection and
relationship of the Little Haiti neighborhood through befitting civic spaces, public
open spaces and enhanced walkability and connectivity within the SAP Area and
to the surrounding community; preservation of one of the City's oldest structures,
the DuPuis Medical Office & Drugstore Building.
3. Innovation -Oriented Development. Create a world -class innovation -oriented
campus to support entrepreneurship and cutting -edge developments in the
technology and entertainment spaces. Facilitate site planning for an innovative
and high-tech incubator, working with and alongside local entrepreneurs to help
grow their businesses; allow for larger and flexible floorplates in MCID Transect
Zones to attract special and unique tenants in target industries and sectors.
4. Art & Culture. World -class cultural destination that mercies immersive experience
with cutting -edge technology and innovations in the realm of art and
entertainment; architectural elements and special programs focused on local
Haitian and Caribbean design, art and culture.
5. Connectivity. Increased neighborhood connectivity by improving roads and
investing in infrastructure within corresponding public spaces, including by using or
improving the streetscape with landscape buffers, bicycle lanes and sidewalk
furniture and improvements such as street lighting, benches and trash cans. A
pedestrian -oriented environment that improves the cohesion and walkability of the
neighborhood by connecting NE 4th Avenue and extending NE 3rd Avenue. This
will also improve the circulation of traffic within the neighborhood and alleviate
congestion along NE 2nd Avenue. The SAP will provide for enhanced mobility
through bike amenities and urban design. and includes a proposal for a commuter
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rail station along the Florida East Coast Railway within the SAP Area as shown in
the Concept Book.
6. Activation. Incorporates indoor/outdoor concepts including food and beverage
and special performances and cultural events.
7. Economic Development & Job Creation. Provide an enhanced urban economic
and entrepreneurial fabric through SAP infrastructure and development to curate a
community of businesses, makers and educators, who will develop a powerful,
self-sustaining economic engine within the City.
8. Centralized Open Space, Civic Space, and Building Amenities. Create
approximately three point eight (3.8) acres of open, green and Civic Space Types
within the SAP Area, among which will be a linear, landscaped Civic Space Type
(i.e., the Promenade du Grand Bois) fully traversing the span of the SAP Area
from east to west.
9. Resiliency. Some of highest elevation land in Miami -Dade County; site of original
Lemon City settlement along Flagler's railroad; land suited to higher density. A
commitment to LEED certification for all building construction, in alignment with a
vision for sustainable building practices.
2.1.3 Transect Zones & SAP Campus Zones
a. The Transect Zones within the SAP Area are intended to provide a geographic cross-
section that creates a sequence of environments and urban forms reflecting the evolution
of the SAP innovation district and its urban campus connected through a grand pedestrian -
oriented Promenade (i.e., the Promenade du Grand Bois) that provides enhanced mobility,
civic space and open space linking NE 2nd Avenue to NE 4th Court. The SAP
development program will be concentrated into the core of the campus, stepping down
significantly towards the periphery of the SAP Area boundaries, along the NE 2nd Avenue
corridor and NE 4th Court corridors, where the intensities and heights under the current
zoning atlas will remain unchanged (maintaining current Transect Zones), providing an
important buffer and appropriate contextual transitions to the surrounding areas.
b. MCID Magic City Innovation District Urban Core Transect Zone (MCID). Pursuant to
this Regulating Plan, a new Transect Zone category is hereby created for the SAP and
applicable within the SAP Area only: the MCID Magic City Innovation District Urban Core
Transect Zone (MCID). As described throughout this Regulating Plan, the MCID Transect
Zone has two (2) sub -categories, MCID-1 and MCID-2, the boundaries of which within the
SAP Area are delineated on Sheets 17-18 of the Concept Book. The MCID Transect
Zone shall have the equivalent standards and criteria, and be regulated the same, under
the Miami 21 Code as the T6-0 Urban Core Transect Zone, as modified by this Regulating
Plan. In addition, except as modified by this Regulating Plan (i) the MCID subcategory of
MCID-1 shall have the equivalent standards and criteria, and be regulated the same, under
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the Miami 21 Code as the T6-12-0 Transect Zone, and (ii) the MCID subcategory of MCID-
2 shall have the equivalent standards and criteria, and be regulated the same, under the
Miami 21 Code as the T6-24-0 Transect Zone (in each case subject to the modifications in
this Regulating Plan).
The intent of the MCID Transect Zone is to effectuate the project pillars and guiding
principles of the SAP described above, with the overall goal of creating a true innovation
district and entrepreneurial hub for the City within the SAP Area, coupled with the
purposeful revitalization of the Little Haiti and Little River neighborhoods and strengthening
of the local community.
c. SAP Campus Zones. The SAP is divided into four (4) "campus zones," which generally
trace the boundaries of the Transect Zone designations within the SAP Area, as illustrated
on Sheet 22 of the Concept Book.
1. Le Marche DuPuis Campus Zone —The western corridor campus zone including
the SAP parcels adjacent to NE 2nd Avenue, which will maintain the current T5-0
Transect Zone designation and applicability of Little Haiti -French Creole Design
Guidelines, reflecting the rich Caribbean cultural heritage appropriate for NE 2nd
Avenue. Le Marche DuPuis Zone includes the historic DuPuis Medical Office &
Drugstore Building located at 6041 NE 2nd Avenue, which will remain a significant
local historic resource while playing a prominent role in the SAP as illustrated in
the Concept Book. Le Marche DuPuis Campus Zone will be focused on lower -
scale retail and office uses.
2. Les Bureaux Campus Zone — The western core campus zone with MCID-1
Transect Zone designation located west of the central MCID-2 Transect Zone
area. Les Bureaux Campus Zone will be focused on office and hotel uses.
3. Les Residences Campus Zone — The central core campus zone with MCID-2
and D1 Transect Zone designations. Les Residences Campus Zone will be
focused on multifamily residential uses.
4. Les Ateliers Campus Zone — The eastern core campus zone with MCID-1 and
D1 Transect Zone designations located east of the central MCID-2 Transect Zone
area and extending to NE 4th Court. Les Ateliers Campus Zone will be focused on
office, retail and entertainment uses.
* * * * * * * * * *
2.2 APPLICABILITY
This Regulating Plan establishes standards, requirements and criteria applicable to guide
appropriate use and development within the SAP Area, consistent with the intent and guiding
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principles set forth above and the regulations contained herein. Development within the Transect
Zones established for the SAP Area, as the boundaries of such Transect Zones are generally
delineated at Sheets 17-18 of the Concept Book, shall be governed by this Regulating Plan, and
by the Code where not modified by this Regulating Plan, as well as the Development Agreement.
The SAP is comprised of its core components — inclusive of the SAP Application, this Regulating
Plan and the accompanying Concept Book and the Development Agreement — as approved by the
City Commission and memorialized through its adopted ordinances and resolutions. The adoption
of the SAP precedes the completion of the final development program, architectural design and
detailing and infrastructure engineering; thus it is expected that adjustments to the SAP
development program, building design and infrastructure engineering may be necessary during the
implementation of the development phases within the SAP Area. The SAP development program
shall be limited only as expressly set forth in the Development Agreement, and as generally subject
to the applicable Transect Zone limitations under this Regulating Plan (and under the Code where
not modified by this Regulating Plan). Further, except as expressly referenced herein and in the
Development Agreement, the Concept Book is intended to provide contextual and illustrative
concepts to help describe the intent and vision of the SAP and examples of permitted, encouraged
and compatible development types, and does not act as a general regulatory tool or restriction to
control use and development of private property or infrastructure improvements. Where any
development within the SAP Area is not governed, addressed or contemplated by the adopted SAP
materials, including this Regulating Plan, the requirements of the Code shall apply to such
development.
* * * * * * * * * *
2.2.2 Conflicts
Where standards set forth in this Regulating Plan, including incorporations by reference contained
herein, conflict with the Miami 21 Code, the standards set forth in this Regulating Plan shall control.
Where this Regulating Plan is silent, the underlying Miami 21 Code standards shall govern as
applicable.
This Code does not abrogate or affect any Easements, covenants, deed restrictions, property
owner association rules, or agreements between private parties. Where the regulations set out in
this Code are more restrictive than such Easements, covenants, deed restrictions, homeowner
association rules, or agreements between private parties, the restrictions of this Code shall govern.
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3.3 LOTS AND FRONTAGES
3.3.1 Lots within the SAP Area assembled into single or multiple ownership under a Unity of Title or
Covenant in Lieu of Unity of Title as provided for in Article 7 of this Code may be developed as a
single Lot and may allow for elimination of setback requirements between rear and side yards
sharing the Property Line. Lots assembled into one (1) ownership that encompass more than one
(1) Transect Zone shall be developed according to the corresponding Transect regulation for each
Lot, except as described in Sec. 3.6. Density may be shifted within the SAP boundaries as long as
there is no net increase in maximum Density permitted within the SAP boundaries and under the
Future Land Use Element.
3.3.2 In Transect Zones T5, T6 MCID, and D1 CI, CS, D1, D2, and D3, buildable sites shall Enfront a
vehicular Thoroughfare or a Pedestrian Passage, Promenade, or Civic Space Type, with at least
one Principal Frontage, unless as otherwise depicted on Sheet 35 of the Concept Book.
******
3.4 DENSITY AND INTENSITY CALCULATIONS
******
3.4.2 Density shall be calculated in terms of units as specified by Article 4, Tables 3 and 4 of this
Regulating Plan. The referenced tables provide the maximum allowable Densities. For the
purpose of concentrating Density within the central core SAP Area in the MCID-2 Transect
Zone/Les Residences Campus Zone area delineated on Sheets 17-18 and 22 of the Concept
Book, Density may be transferred between Transect Zones within the SAP Area, provided that (i)
the total Density within the SAP Area does not exceed the sum of the allowable Densities in each
Transect Zone and (ii) the total Floor Area within the SAP Area does not exceed the limits
established in the Development Agreement. Intensity shall be calculated in terms of Floor Lot
Ratio. Lot Coverage, Setbacks, Height and Floorplate standards as more specifically set forth
herein in this Regulating Plan. The buildable Density or Intensity on any particular site will be
affected by other regulations in this Code and thus the stated maximums of this Miami 21 Code
may exceed the actual Capacity that a site can sustain when other regulations of this Code are
applied to the site. The inability to reach the maximum Density or Intensity because of the
necessity to conform to the other regulations of this Code shall not constitute hardship for purposes
of a Variance.
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3.5 MEASUREMENT OF HEIGHT
3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in Stories. The height
of Fences, hedges, walls and other Lot enclosure or demarcation improvements and wall) shall be
measured in feet. The Height of Buildings, Facades facing Thoroughfares, together with Fences
hedges, walls and other Lot enclosure or demarcation improvements and wait shall be measured
from the Average Sidewalk Elevation or, where no sidewalk exists, the average of the record profile
grade elevation of the street Abutting the Principal Frontage of the Building, as deter -mined by the
Public Works Department. In the event that the base flood elevation, as established by FEMA, is
higher than the sidewalk or grade elevations, the Height of the first Story but not the height of
Fences and walls shall be measured from the base flood elevation.
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. A ground level rctail Commercial Use 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 Commercial Use, shall be counted as two (2) Stories; except for
T6 36, T6 48, T6 60, T6 80, and T5, MCID and D1, where a single floor level exceeding fourteen
(14) feet (or exceeding twenty-five (25) feet at ground level Commercial Use) may count as one (1)
story if the building height does not exceed the maximum height, including all applicable bonuses,
allowed by the transect at fourteen (14) feet per floor. Where the first two `'stories are eta+l
Commercial Use, 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 Floor Area. 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
3.6.1 Off-street Parking Standards
a. Off-street Parking requirements for the individual Transect Zones shall be as set forth in
Article 4, Table 4 of this Regulating Plan. Where required off-street parking is based on
square footage of Use, the calculation shall only include Habitable Rooms and Habitable
Space occupied by such Use.
b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table shall be as
set forth in Article 4, Table 5 of this Regulating Plan.
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c. In addition to reductions or exemptions of parking requirements for Adaptive Use pursuant
to Section 7.2.8 of the Miami 21 Code, required Parking for Adaptive Reuses may be
reduced or exempted by Waiver for properties located in a Community Redevelopment
Area, or in areas where a Parking Trust Fund has been established, or for historic sites
and contributing Structures within designated historic districts.
d.
Parking reductions shall not exceed fifty percent (50%) of the total Off-street Parking
required, except for Residential components of projects within one thousand (1,000) feet of
Metrorail or Metromover stations, or other mass transit stations.
3.6.2 Off-street Parking Driveway Standards [RESERVED]
3.6.3 Additional Off-street Parking Regulations
General performance standards for Off-street Parking facilities:
a. Parking shall be implemented so as to provide safe and convenient access to and from
public Thoroughfares which include movement lanes and Public Frontages.
b. Vehicular access through Residential properties for nonresidential Uses shall be
prohibited.
c. Off-street Parking spaces shall be located with sufficient room for safe and convenient
parking without infringing on any public Thoroughfare or sidewalk.
d. Off-street Parking spaces whose locations require that cars back into movement lanes
shall only be permissible in T3 and T4 zones. Backing into Alleys shall be permissible in all
Transect Zones.
e. Off-street Parking or loading area shall not be used for the sale, repair, or dismantling of
any vehicle or equipment, or for storage of materials or supplies.
f. Parking facilities on adjoining Lots in the SAP boundaries may share access points,
driveways and parking subject to a recorded covenant running with the property on which
the facilities are located.
3.6.6 Parking Management Plan
Parking allowed off -site within the SAP Boundaries pursuant to the Magic City Parking
Management Program, to be monitored for compliance by the City of Miami through the SAP
Annual Report.
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ARTICLE 3. GENERAL TO ZONES
3.6.8 Deferral of Off-street Parking Standards
a. Deferral of portions of total required parking improvements in phased projects
Parking requirements shall be met as set forth by this Code Regulating Plan and built
concurrently with approved improvements generating said requirement. Provision of
parking should not in part or in whole be deferred for future implementation. Further,
phased projects shall be approved subject to provision of required parking for each
component phase to be provided concurrently with the phase generating said requirement;
however deferrals may be granted by Exception SAP Permit as specified below.
b. Deferral period, revocation of permit; notice of revocation.
A deferral may be allowed for up to five (5) years by SAP Permit without provision for
renewal except upon application for aflew Exception.
3.6.9 Off-street Loading Requirements
a. Off-street vehicular loading shall be required for all T5, T6, CS, CI, CI HD and D zones, as
shown in Article 4, Table 5 of this Regulating Plan and further described in Article 5 of this
Regulating Plan, except as modified or supplemented below, and shall require no more
than three (3) turning movements unless otherwise approved by SAP Permit.
1. On -street loading for all Transect Zones within the SAP Area may be allowed in
areas designated by signage and for limited intervals during specified hours. On -
street loading areas intended to service Office, Commercial, Lodging and
Residential loading berth requirements described within Article 4, Table 5 of this
Regulating Plan may be permitted within specifically designated zones along
Thoroughfares within 500 feet of the Development or Building site; on -street
loading berths may be shared among Development or Building sites within 500
feet of the loading berth. On -street loading within such designated zones shall not
exceed 30 minutes. Such loading activity shall occur only between times posted.
2. For the purpose of loading maneuverability for future Development within the SAP
Area, the following criteria shall apply:
(a) Where turning movements are required for a loading berth, turning
movements associated with one (1) loading berth per Development or
Building may be made on -street.
(b) Where turning movements are required for a loading berth, turning
movements associated with more than one (1) loading berth per
Development or Building may be permitted on -street by SAP Permit.
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3. Off-street (e.g., internal, on -site) loading berths may be shared by Abutting
Development or Building sites for equivalent or lesser (by required loading berth
size) Uses as approved by SAP Permit.
3.8 THOROUGHFARES
3.8.1 General Principles
a. Thoroughfares are intended for use by vehicular, transit, bicycle, and pedestrian traffic and
to provide access to Lots and Open Spaces and Civic Space Types within the SAP
boundaries.
c. Thoroughfares should be designed in context with the urban form and desired design
speed of the Transect Zones through which they pass. The Public Frontages that pass
from one Transect Zone to another should be adjusted accordingly. The A -Grid and B-Grid
are identified at Concept Book Sheet 35.
3.8.2 Thoroughfares
a. The guidelines for Thoroughfares are as described in Article 8.
b. The Thoroughfare network within the SAP Area should be designed to prioritize
connectivity and mobility, dcfining with newly created Blocks as generally illustrated on
Concept Book Sheet 21 not exceeding an average perimeter length of approximately
1,500 47324 feet for the five (5) proposed new Blocks shown thereon. The length of each
new Block shall be measured along the perimeter of each Block, using the as the sum of
Lot Frontage Lines and Lot lines abutting rail corridors, as applicable. Thoroughfare
closings should not be allowed; instead, traffic calming designs should be deployed to
control traffic volume and speed.
c. All Thoroughfares should terminate at other Thoroughfares, to form a network. Cul-de-sacs
should be permitted only when supported by natural site conditions, including on private
property connecting to a Thoroughfare where appropriate given site design to support
vehicular pick-up and drop-off for Places of Assembly, civic Buildings or Transit Facilities.
Thoroughfares that provide View Corridors shall not be vacated.
3.8.3 Public Frontages
a. Public Frontages should be designed as shown in Article 4, Table 6 of this Regulating Plan
and generally as shown in the Concept Book.
5
MIAMI 21- JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 3. GENERAL TO ZONES
b. Within the Public Frontages, the arrangement of street trees and street lights should be as
provided in Article 8 of this Regulating Plan and as may be specifically depicted in the
Concept Book.
d. The Public Frontage in Transect Zones T4, T5, T MCID and D1 should include trees
planted in a regularly spaced AIlco an organically spaced manner, in accordance with the
minimum number of required street trees under Article 9 of the Code, 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 tolerant of soil
compaction.
3.12.1 Design Guidelines
This section lists additional guidelines defining elements to protect and promote Neighborhood or
area character within the SAP boundaries. Where applicable, proposed buildings shall be
reviewed by the Planning Director prior to the issuance of a building permit.
*Le Marche DuPuis Zone/NE 2nd Avenue Corridor: Little Haiti - French Creole Design
Standards
3.13 SUSTAINABILITY
3.13.1 General
b. All new Buildings of more than 50,000 square feet of Habitable Rooms or Habitable Space
in the T5, T§ MCID, CI and CS zones shall be at a minimum certified as Silver by the
United States Green Building Council (USGBC) Leadership in Energy and Environmental
Design (LEED) standards or equivalent standards adopted or approved by the City.
3.14 PUBLIC BENEFITS PROGRAM
Within the SAP Area, the developer may build to the maximum Building Heights established for
each applicable Transect Zone in this Regulating Plan, in accordance with Section 16(b) of the
Development Agreement.
6
MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
DRAFT - 2/22/19
ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTIONS
THE MAGIC CITY INNOVATION DISTRICT
URBAN CORE ZONE consists of the highest
Density and greatest variety of Uses to promote
and support innovation, entrepreneurship and
community growth in an urban campus
environment.
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m
MIAMI 21- JANUARY 2018
DRAFT - 2/22119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 2: MIAMI 21 SUMMARY
LOT OCCUPATION
r
C
JU O
f
�'.x.-/
_
55 ig,
•
I2
T4
GENERAL URBAN
ZONE
T5
URBAN CENTER ZONE
Tfi-12'
T1
Nr,TURaLZONE
T2
RURA ZONE
T3
SUB -URBAN ZONE
UAOm LITTI OVaTiorr DISTRICT URBAN coREZONE:
a. Lot Area
5,000 s.f. min.
1,400 - 20,000 *'
1,200 10,000
5,000 sf. min
40,000 s.f.max.**
5,000 sf. min.
70.000 s.f.max.**
5,000 sf. min.
100,000 s.f.max. **
s.f. s.f.
s.f. s.f.*'
5,000 sf min.
b. Lot Width
50ft. min.
16 ft. min / 50ft. min.**
16 fL min{50 fL min.**
50 ft. min.
50 ft. min.
50 ft. min.
c. Lot Coverage
50% max.1st Floor
30% max. 2nd Floor for
T3 R & T3Lonly
60 % max.
88 90 % max. per Lot**
[ 80%
80% max. **
maxin aggregate within the
88 90 % max. per Lot**
entire SAP Area
80 90 % max. per Lot**
1
d. Floor Lot Ratio (FLR)
5 / 25% additional Public
Benefit***
8130% Public
7130%
additional
Benefit*** NIA
a. additional
Public Bcncfit 6.16 /
or
10% additional Public
Benefit*** NIA
e. rron[age attront be pap
5u%min.
-P0 iv min. /u%min.
-Eu Su%min.
-Eu Su%min.
t. Green/open space Kegmrements
25% Lot Area min.
I Min. 10% Lot Area in aggregate wthin
the entire SAP Area
I
g. Density
BUILDING SETBACK
9.18 du/acre max.**
36 du/acre max.
63150 dulacre max.
150 du /acre *
150 du /acre *-
150 du /acre *-
a. Principal Front
20 ft. min.
10 ft.min.
10 ft. min.
10 ft. min.
10 fL min.**
10 fL min.**
b. Secondary Front
10ft. min.
10ft. min.
485fLmin.
10ft. min.
4-05ft. min.**
1-05ft. min.*
c. Side
5ft. min.**
0ft. min. l5ft.min:*
0ft. min:*
0ft. min.**
Oft. min.**
0ft. min.**
d. Rear
20 ft. min.
20 ft. min.
0 ft. min.**
0 ft. min.**
0 ft. min.**
0 ft. min.**
OUTBUILDING SETBACK
a. Principal Front
20 ft. min. (T3 L only)
30 ft. min.
b. Secondary Front
10 ft. min. (T3 L only)
10 ft. min.
c. Side
5 ft. min. (T3 L only)
0ft. min. l5ft.min.
d. Rear
5 ft. min. (T3 L only)
5 ft. min.
PRIVATE FRONTAGES
a. Common Lawn
permitted
permitted
prohibited
prohibited
prohibited
prohibited
b. Porch & Fence
permitted
permitted
prohibited
prohibited
prohibited
prohibited
c. Terrace or L.C.
prohibited
permitted
prohibited
prohibited
prohibited
prohibited
d. Forecourt
prohibited
permitted
permitted
permitted
permitted
permitted
e. Stoop
prohibited
permitted
permitted
permitted
permitted
permitted
f. Shapfront
prohibited
permitted (T4 L, T4 0)
permitted (T5 L, T5 0)
permitted (T6-8 L, T5-8 0)
12 L, TE 12 0)
ermitted 21 L, TE T1 0)
permitted (T5 F
{T5
g. Gallery
prohibited
prohibited
permitted**
permitted **
permitted**
permitted **
h. Arcade
prohibited
prohibited
permitted**
permitted**
permitted**
permitted**
I. Cantilever
BUILDING HEIGHT (Stories)
permitted
permitted
permitted
a. Principal Building
2 max.
3 max.
2 min.
5 6 max.
2 min.
8 max.
2 min.
42 20 max.
2 min.
-24 25 max.
b. Outbuilding
2 max.
2 max.
c. Benefit Height
Abutting T5, TS & T4 only
1 max.**
4 max.**
8 max.**
21
max.**
THOROUGHFARES
a. HW& RR
permitted
prohibited
prohibited
prohibited
prohibited prohibited
b. BV
permitted
permitted
permitted
permitted
permitted permitted
c. SR
permitted
permitted
prohibited
permitted
permitted permitted
d. RS
permitted
permitted
prohibited
permitted
permitted permitted
e. SS & AV
prohibited
prohibited
permitted
permitted
permitted permitted
f. CS & AV
prohibited
prohibited
permitted
permitted
permitted permitted
g. Rear Lane
permitted
permitted
prohibited
prohibited
prohibited prohibited
h.Rear Alley
permitted
permitted
permitted
permitted
permitted permitted
i. Path
permitted
permitted
prohibited
prohibited
prohibited prohibited
MIAMI 21- JANUARY 2018
DRAFT - 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 2: MIAMI 21 SUMMARY
j. Passage permitted permitted permitted permitted permitted permitted
k. Bicycle Path permitted permitted permitted permitted permitted permitted
I. Bicycle Lane permitted permitted permitted permitted permitted permitted
m. Bicycle Route permitted permitted permitted permitted permitted permitted
n. Sharraw prohibited permitted permitted permitted permitted permitted
o. Priority Bicycle Route permitted permitted prohibited permitted permitted permitted
*Or as modified in Diagram 9
** Note: Refer to Article 5 for Specific Transact Zone Regulations
*** Nate: Bonus shall not be available far T5 properties abutting T3 properties (refer to Article 3)
MIAMI 21- JANUARY 2018
DRAFT - 2/22119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 2: MIAMI 21 SUMMARY
4
P
4
4
P
Q
,
01
1
i
IIIli
r .a. -]
i
t
=, ,,
LOT OCCUPATION
URBAN cone 20NEs
6-60
woRK PLACE
INBusTRIAL
w TERFRONTrNOusTRIA
cIVHEALTH INSTITUTION
STRICT
a. Lot Area
5,000 sf. min.
5,000 sf. min.
5,000 sf. min.
5,000 sf. min.
5,000 s.f. min.
5,000 s.f. min.
10,000 s.f. min.
10,000 s.f. min.
b. Lot Width
100 ft. min.
100 ft. in.
100 R min.
100 ft. min.
50 fL min.
50 fL min.
100 ft. min.
50 fit. min.
c. Lot Coverage
80% max.*
80% max.*
80% max.**
80% max.
88 90% max. per Lot*
80% max. in aggregate
90% max
within the entire SAP Area
90% max
80% max
d. Floor Lot Ratio (FUR)
a.12 or b.22140 %
additional Public
Benefit ` *
a.11 or 6.18 150 %
additional Public
Benefit ***
a.11 or 6.18 150 %
additional Public
Benefit ***
24150 %
additional Public
Benefit ***
e. Front age at front Setback
70% min.
70% min.
70% min.
70% min.
None
None
None
None
f. open Space Requirements
10 % Lot Area min.
10% Lot Area min.
10 % Lot Area min.
10% Lot Area min.
3 Min. 10% Lot Area it
aggregate within the enti
e SAP Area 5% Lot Area
min.10% Lot Area min.
g. Density
150 du /acre *
150 du /acre *
150 du /acre *
150 du /acre *
36 du/acre max.
150 du /acre *
BUILDING SETBACK
a. Principal Front
10 ft. min.
10 ft. min.
10 ft. min.
10 ft. min.
10 ft. min.
10 ft. min.
5 ft. min.
10 ft. min.
b. Secondary Front
10ft.min.
10ft. min.
10ft. min.
10ft. min.
10ft. min.
5ft. min.
5ft. min.
10ft. min.
c. Side
0ft. min.**
0ft. min:*
0ft. min.**
0ft. min:*
0ft. min=
Oft. min:*
0ft. min:*
Oft. min.**
d. Rear
0 ft. min.**
0 ft. min.**
0 ft. min.**
0 ft. min.**
0 ft min.
0 ft. min.**
0 ft. min.**
0 ft. min.**
OUTBUILDING SETBACK
a. Principal Front
b. Secondary Front
c. Side
d. Rear
PRIVATE FRONTAGES
a. Common Lawn
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
permitted
b. Porch & Fence
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
c. Terrace or L.C.
prohibited
prohibited
prohibited
prohibited
permitted
permitted
permitted
permitted
d. Forecourt
permitted
permittedpermitted
permitted
permitted
permitted
permitted
permitted
e. Stoop
permitted
permitted
permitted
permitted
permitted
permitted
permitted
permitted
f. Shopfront
permitted (T6-36 L, T5-350)
permitted (T6-48 L, T6-48 0)
permitted (T6-60 L, T5-500)
permitted (T6-80 L, T5-8o 0)
permitted
permitted
permitted
permitted
g. Gallery
permitted **
permitted **
permitted **
permitted **
permitted **
permitted **
permitted **
permitted **
h. Arcade
permitted **
permitted **
permitted **
permitted **
permitted **
permitted **
permitted **
permitted **
i. Cantilever
Permitted
BUILDING HEIGHT (Stories)
a. Principal Building
2 min.
36 max.
2 min.
48 max.
2 min.
60 max.
2 min.
80 max.
none
310 max.
none
8 max.
none
8 max.
1 min.
As regulated by F.A.A.
b. Outbuilding
2 max.**
c. Benefit Height
Abutting T6, T5 T4 only
24 max.**
32 max.**
unlimited **
unlimited **
THOROUGHFARES
n. Sharrow
a. HW & RR
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
o. rnonry bicycle noure
b. BV
permitted
permitted
permitted
permitted
permitted
permitted
permitted
* Or as modified in
c. SR
permitted
permitted
permitted
permitted
permitted
permitted
permitted
Diagram 9
*
d. RS
permitted
permitted
permitted
permitted
permitted
permitted
permitted
Nut,. R,,L, to Ada.for Specific Transect
e. SS & AV
permitted
permitted
permitted
permitted
permitted
permitted
permitted
Zone Regulations
f. CS & AV
permitted
permitted
permitted
permitted
permitted
permitted
permitted
g. Rear Lane
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
h. Rear Alley
permitted
permitted
permitted
permitted
permitted
permitted
permitted
i. Path
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
j. Passage
permitted
permitted
permitted
permitted
permitted
permitted
permitted
k. Bicycle Path
permitted
permitted
permitted
permitted
permitted
permitted
permitted
1. Bicycle Lane
permitted
permitted
permitted
permitted
permitted
permitted
prohibited
m. Bicycle Route
permitted
permitted
permitted
permitted
permitted
permitted
permitted
MIAMI 21- JANUARY 2018
DRAFT - 2122119
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 2: MIAMI 21 SUMMARY
prohibited permitted permitted permitted permitted permitted prohibited permitted prohibited permitted permitted prohibited permitted permitted permitted
***Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3)
MIAMI 21- JANUARY 2018
DRAFT - 2/22/19
MAGIC CITY
ARTICLE 4.
INNOVATION DISTRICT SAP
REGULATING PLAN
STANDARDS AND TABLES
TABLE 3: USES
DENSITY (UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
WORK - LIVE
MICRO UNIT RESIDENCE
LODGING
BED & BREAKFAST
INN
HOTEL
OFFICE
OFFICE
COMMERCIAL
AUTO -RELATED COMMERCIAL ESTAB.
ENTERTAINMENT ESTABLISHMENT
ENTERTAINMENT ESTAB. - ADULT
FOOD SERVICE ESTABLISHMENT
ALCOHOL SERVICE ESTABLISHMENTS
GENERAL COMMERCIAL
MARINE RELATED COMMERCIAL ESTAB.
OPEN AIR RETAIL
PLACE OF ASSEMBLY
RECREATIONAL ESTABLISHMENT
ART GALLERY
MANUFACT: ENABLED RETAIL
MEDIA PRODUCTION FACILITY
FLEX SPACE USE
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
REGIONAL ACTIVITY COMPLEX
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
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
T5
URBAN CENTER
T5-O
66
150
R
R
R
R
R
R
R
R
R
R
R
W
R
R
€R
R
W
{0.! RISP***
R
R
R
W
R
R
W
W
W
kV SP
W
W
AALR
W
R
W
R
R
N-R
TS MCID
MAGIC CITY
INNOVATION
DISTRICT
URBAN CORE
MCID
150*
R
R
R
R
R
R
R
SP
R
R
R
R
W
R
R
€R
R
W
W RISP***
R
R
R
R**
R****
R
W
R
R
E
W
W
W
kV SP
W SP
W
W R
W
R
W
R
R
WR
D
DISTRICTS
D1
36
R
SP
R
SP
R
R
R
R
R
R
R
€R
R
R
R-R/SP***
R
R
R
R
R
R
R
R
R
R
W
E
R
R
E
R
E
€R
E
€R
E
E
R
R
MIAMI 21- JANUARY 2018
DRAFT - 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 3: USES
INDUSTRIAL
AUTO -RELATED INDUSTRIAL ESTBL.
MANUFACTURING AND PROCESSING
MARINE RELATED INDUSTRIAL ESTBL.
PRODUCTS AND SERVICES
STORAGE/ DISTRIBUTION FACILITY
R****
R**
R****
R****
R Allowed By Right
W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee)
E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board)
SP Allowed by SAP Permit: Administrative Process — CRC (Coordinated Review Committee)
Boxes with no designation signify Use prohibited.
R
R
R
R
R
Uses may be further modified by Supplemental Regulations, State Regulations, or other provisions of
this Regulating Plan, the Development Agreement and the Code. S„e City C do Chaptcr 1 the
Development Agreement for cguIotion specific requirements related to Alcohol Service
Establishments and Food Service Establishments.
* Additional densities in some T6 zones are illustrated in Diagram 9.
** AZ: Density of lowest Abutting Zone
***See Article 6.3.2.2 of this Regulating Plan for specific approval requirements for Open Air Retail.
**** Use allowed only in the MCID-2 Transect Zone and the MCID-1 Transect Zone within the Les Ateliers
SAP Campus Zone. Prohibited in the MCID-1 Transect Zone within the Les Bureaux SAP Campus Zone.
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
DENSITY (UPA)
RESIDENTIAL
LODGING
65 150 UNITS PER ACRE
Residential Uses are permissible as listed in Table 3,
limited by compliance with:
• Minimum of 1.5 parking spaces per Dwelling Unit.
• Minimum of 1 additional visitor parking space for every
10 Dwelling Units.
• Maximum of 1 parking space per Micro Unit; Maximum
of 1 additional visitor parking space for every 10 Micro
Units.
• Live -work - Work component shall provide a maximum
of 1 parking space for the non-residential use in addition
to parking required for the Dwelling Unit.
• Adult Family -Care Homes - Minimum 1 space per staff
member and 1 space per 4 residents.
• Community Residence- Minimum of 1 parking space per
staff member in addition to the parking required for the
principal Dwelling Unit(s).
• Dormitory: Minimum of 1 space per staff member and 1
space per 4 residents.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Exccpt for citcc within 500 fcct of an ung atcd T3 Transcct
Zonc, tThe parking ratio may be reduced within a TOD
ar-e.a—e within a Transit Corridor area by up to thirty
percent (30%) by proccoc of Waivcr; by up to fifty percent
(50%) by pr ccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced un to fiftv percent
j50%) within a TOD area by SAP Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundariesby proccss of Waivcr,
cxccpt whcn sits is within 500 fcct of T3.
Loading - See Article 4, Table 5 of this Regulating Plan
Lodging Uses are permissible as listed in Table 3.
• Minimum of 1 parking space for every 2 lodging units.
• Minimum of 1 additional visitor parking space for every
10 lodging units.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Exccpt for citcc within 500 fcct of an ung atcd T3 Transcct
Zone, tThe parking ratio may be reduced within a TOD
area—eF within a Transit Corridor area by up to thirty
percent (30%) by proccac of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced up to fifty percent
j50%) within a TOD area by SAP Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parkino space.
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
• Parking may be provided by ownership or lease offsite
within 10D0 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by oroccss of Waivcr,
c
• Loading - See Article 4, Table 5 of this Regulating Plan
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
T.
,.
T5-OPEN
DENSITY (UPA)
-55150 UNITS PER ACRE
OFFICE
Office Uses are permissible as listed in Table 3, limited
by compliance with:
Minimum of 3 parking spaces for every 1,000 square feet
of office use.
Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt for 500 fcct T3 Tranccct
sitcc within of an ungatcd
Zone, tThe parking ratio may be reduced within a TOD
or a or within a Transit Corridor area by up to thirty
percent (30%) by proccc.. of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit.
Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccss of Waivcr,
cxccpt whcn citc is within 500 fcct of T3.
Loading - See Article 4, Table 5 of this Regulating Plan
COMMERCIAL
Commercial Uses are permissible as listed in Table 3,
limited by compliance with:
A f 65,000 fcct
maximum arca squarc per
octablichmcnt, cxccpt for Public Storagc Facilitics.
•Minimum of 3 parking spaces for every 1,000 square feet
of commercial use, except for Public Storage Facilities;;
minimum 1 parking space for every 10,000 square feet
with a minimum of 8 parking spaces, and for Media
Production Facility: 1 parking spaces for every 1,000
uar sqe feet.
•Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan except for Public Storage facilities.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt for 600 fcct f T3 Transcct
citcc within an ungatcd
Zone, tThe parking ratio may be reduced within a TOD
nor within a Transit Corridor area by up to thirty
percent (30%) by proccac of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
•The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit.
•Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccss of Waivcr,
cxccpt whcn sits is within 500 fcct of T3.
• Loading - See Article 4, Table 5 of this Regulating Plan
•Commercial Auto -related, Drive-Thru or Drive -In Facili-
ties - See Article 6.
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
DENSITY (UPA)
CIVIC
CIVIL SUPPORT
T5-OPEN
65150 UNITS PER ACRE
Civic Uses are permissible as listed in Table 3, limited by
compliance with:
Minimum of 1 parking space for every 5 seats of
assembly uses.
Minimum of 1 parking space for every 1,000 square feet
of exhibition or recreation area, and parking spaces for
other Uses as required.
Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt for citcc within 500 fcct of an ungatcd T3 Tran^ cct
Zone, tThe parking ratio may be reduced within a TOD
eree-ef within a Transit Corridor area by up to thirty
percent (30%) by proccoc of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit.
Within a TOD area, twenty percent (20%1 of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundariesby proccss of Waivcr,
cxccpt whcn sits is within 500 fcct of T3.
• Loading - See Article 4, Table 5 of this Regulating Plan
Civil Support Uses are permissible as listed in Table 3,
limited by compliance with:
• Minimum of 1 parking space for every 1000 square feet
of Civil Support Use, or as provided below:
• Minimum of 1 parking space for every 5 seats of
assembly use.
• Minimum of 1 parking space for every 5 slips of marine
use.
• Adult Daycare- Minimum of 1 space per staff member.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Exccpt for citcc within 500 fcct of an ungatcd T3 Transcct
Zonc, tThe parking ratio may be reduced within a TOD
4-ea—a; within a Transit Corridor area by up to thirty
percent (30%) by procco.. of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundariesby proccss of Waivcr,
cxccpt whcn sits is within 500 fcct of T3.
• Loadin• - See Article 4, Table 5 of this Re•ulatin• Plan
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
T5-0
DENSITY (UPA)
EDUCATIONAL
T5-OPEN
65't UNITS PER ACRE
Educational 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, unless otherwise indicated below
for Schools and Childcare Facilities.
• Schools — Minimum of 1 parking space for each faculty or
staff member, 1 visitor parking space per 100 students,
1 parking space per 5 students in grades 11 and 12 or
College/University.
• Childcare Facilities- Minimum of 1 space for the owner/
operator and 1 space for each employee, and 1 drop-off
space for every 10 clients cared for.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt for citcc within 500 fcct of on ungatcd T3 Transcct
Zonc, tThe parking ratio may be reduced within a TOD
4-ea—a; within a Transit Corridor area by up to thirty
percent (30%) by proccac of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit.
• Within a TOD area twenty percent (20%1 of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundariesby proccss of Waivcr,
cxccpt whcn sitc is within 500 fcct of T3.
• Loading- Refer to Article 4, Table 5 of this Regulating
Plan
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MCID
DENSITY (UPA)
RESIDENTIAL
LODGING
MCID TRANSECT ZONES
150 —1,000 UNITS PER ACRE"
Residential Uses are permissible as listed in Table 3,
limited by compliance with:
• Minimum of 1 parking space per 2 Efficiency Dwelling
Units. Minimum of 1.5 parking spaces per other Dwelling
Units (except Micro Units below).
• Minimum of 1 additional visitor parking space for every
10 Dwelling Units.
• Maximum of 1 parking space per Micro Unit; Maximum
of 1 additional visitor parking space for every 10 Micro
Units.
• Live -work - Work component shall provide a maximum
of 1 parking space for the non-residential use in addition
to parking required for the Dwelling Unit.
• Adult Family -Care Homes - Minimum 1 space per staff
member and 1 space per 4 residents.
• Community Residence - Minimum of 1 parking space per
staff member in addition to the parking required for the
principal Dwelling Unit(s).
• Dormitory: Minimum of 1 space per staff member and 1
space per 4 residents.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Fvrrntfnrcitrc within nlnfrrt r,f �n unn',trd TZTr' .rrt
Zonc, tThe parking ratio may be reduced within a TOD
area or within a Transit Corridor area by up to thirty fi(
percent (50 50%) by SAP Penlprocecc of Waiver; by up
to fifty seventy-five percent (60 75%) by SAP Petmitpreeess
of Waivcr and payment into a transit enhancement
Trust Fund, as established by Chapter 35 of the City
Code; or by one hundred percent (100%) for any
Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced up to eighty percent
(80 % 1 Abutting a Transit Facility in a TOD area by SAP
Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccoc of Waivcr,
oxccpt whcn citc is within 500 fcct of T3.
• Loadin. - See Article 4, Table 5 of this Re. ulatin. Plan
Lodging Uses are permissible as listed in Table 3.
• Minimum of 1 parking space for every 2 4 lodging units.
• Minimum of 1 additional visitor parking space for every
10 lodging units.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Fvrrnt fnr citrc within FM frrt r,f �n n nr, ntr.d TS Tr',nvrrt
Zone, tThe parking ratio may be reduced within a TOD
areo or within a Transit Corridor area by up to thirty
percent (30%) by proccss of Waivcr; by up to fifty percent
(50%) by proccoc of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit, or eighty
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
percent (80%) Abutting a Transit Facility in a TOD area
by SAP Permit.
• Within a TOD area twent •ercent 20% of re•uired
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by oroccc. of Woi
cxccpt whcn citc is within 500 feet of T3.
• Loading - See Article 4, Table 5 of this Regulating Plan
* Or as modified in Diagram 9
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MCID
DENSITY (UPA)
OFFICE
COMMERCIAL
MCID TRANSECT ZONES
150 UNITS PER ACRE *
Office Uses are permissible as listed in Table 3, limited
by compliance with:
Minimum of 3 parking spaces for every 1.000 square feet
of office use.
Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Except for cite^ within 500 foot of an ungated T3 Tran oct
Zone, tThe parking ratio may be reduced within a TOD
afea—ef within a Transit Corridor area by up to thirty
percent (30°/) by proccss of Waiver; by up to fifty percent
(50%) by proccsc of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit, or eighty
percent (80%) Abutting a Transit Facility in a TOD area
by SAP Permit.
Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
Parking may be provided by ownership or lease offsite
within 1000 foot the Magic City SAP Parking Program
within the SAP Area boundaries. by proccx of Waiver
cxccpt whcn site is within 500 foot of T3.
Loading - See Article 4, Table 5 of this Regulating Plan
Commercial Uses are permissible as listed in Table 3,
limited by compliance with:
A maximum arcs of 66,000 cquarc foot
cstablishmcnt. cxccpt for Public Storage Faciliticc.
•Minimum of 3 parking spaces for every 1,000 square feet
of commercial use, except for Public Storage Facilities;;
minimum 1 parking space for every 10,000 square feet
with a minimum of 8 parking spaces, and for Media
Production Facility: 1 parking spaces for every 1,000
square feet.
•Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
•Fvrrnt fnrdtrc within FM frrt of',n lion ntr'd T3 Tr',n^rrt
Zone, tThe parking ratio may be reduced within a TOD
ar a or within a Transit Corridor area by up to thirty
percent (30%) by proccss of Waiver; by up to fifty percent
(50%) by proccx of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
•The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit, or eighty
percent (80%) Abutting a Transit Facility in a TOD area
by SAP Permit. No parking is required for Commercial
Uses less than ten thousand (10,000) square feet and
Abutting a Transit Facility in a TOD area.
•Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (6) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 feet the Magic City SAP Parking Program
within the SAP Area boundaries. by proccx of Waiver
cxccpt whcn site is within 500 feet of T3.
• Loading - See Article 4, Table 5 of this Regulating Plan
• Commercial Auto -related, Drive-Thru or Drive -In Facili-
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
ties - See Article 6.
Or as modified in Diagram 9
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MCID
MCID TRANSECT ZONE
150 UNITS PER ACRE *
DENSITY (UPA)
CIVIC
Civic Uses are permissible as listed in Table 3, limited by
compliance with:
• Minimum of 1 parking space for every 5 seats of as-
sembly uses.
• Minimum of 1 parking space for every 1,000 square
feet of exhibition or recreation area, and parking
spaces for other Uses as required.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20
vehicular spaces required.
• Exccpt for sitcs within 500 fcct of an ungatcd T3
Transect Zone, tThe parking ratio may be reduced
within a TOD or a or within a Transit Corridor area by
up to thirty percent (30%) by proccsc of Waiver; by up to
fifty percent (50%) by proccsc of Waivcr and payment
into a transit enhancement Trust Fund, as established
by Chapter 35 of the City Code; or by one hundred
percent (100%) for any Structure with a Floor Area of
ten thousand (10,000) square feet or less.
• The parking ratio may be reduced up to fifty percent
(50%) within a TOD area by SAP Permit, or eighty
percent (80%) Abutting a Transit Facility in a TOD
area by SAP Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (61 Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccoc of Waivcr,
cxccpt whcn site is within 500 fcct of T3.
• Loading - See Article 4, Table 5 of this Regulating Plan
CIVIL SUPPORT
Civil Support Uses are permissible as listed in Table 3,
limited by compliance with:.
•Minimum of 1 parking space for every 1000 square feet
of Civil Support Use.
• Minimum of 1 parking space for every 5 seats of
assembly use.
• Minimum of 1 parking space for every 5 slips of marine
use.
-Adult Daycare - Minimum of 1 space per staff member.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20
vehicular spaces required.
• Exccpt for sitcs within 600 fcct of an ungatcd T3
Transcct Zonc, IThe parking ratio may be reduced
within a TOD arca or within a Transit Corridor area by
up to thirty percent (30%) by proccsc of Waivcr; by up to
fifty percent (50%) by proccsc of Waivcr and payment
into a transit enhancement Trust Fund, as established
by Chapter 35 of the City Code; or by one hundred
percent (100%) for any Structure with a Floor Area of
ten thousand (10,000) square feet or less.
• The parking ratio may be reduced up to fifty percent
(50%1 within a TOD area by SAP Permit, or eighty
percent (80%) Abutting a Transit Facility in a TOD
area by SAP Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (61 Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccoc of Waivcr,
cxccpt whcn site is within 500 foci of T3.
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
•Loading - See Article 4, Table 5 of this Regulating Plan
* Please refer to Diagram 9
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MCID
DENSITY (UPA)
EDUCATIONAL
15O UNITS PER ACRE*
Educational Uses are permissible as listed in Table 3,
limited by compliance with:
• Minimum of 2 parking spaces for every 1,500 square feet
of Educational Use, unless otherwise indicated below
for Schools and Childcare Facilities.
• Schools —Minimum oft parking space for each faculty or
staff member, 1 visitor parking space per 100 students,
1 parking space per 5 students in grades 11 and 12 or
College/University.
• Childcare Facilities- Minimum of 1 space for the owner/
operator and 1 space for each employee, and 1 drop-off
space for every 10 clients cared for.
• Parking requirement may be reduced according to the
Shared parking standard, Article 4, Table 5 of this
Regulating Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Exccpt for sitcc within 500 fcct of on ungatcd T3 Tranccct
Zonc, tThe parking ratio may be reduced within a TOD
aFea—e within a Transit Corridor area by up to thirty
percent (30%) by proccx of Waivcr; by up to fifty percent
(50%) by proccsc of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• The parking ratio may be reduced un to fifty percent
j50%) within a TOD area by SAP Permit.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking
at a ratio of six (5) Bicycle Rack Spaces for each
required parking space.
• Parking may be provided by ownership or lease offsite
within 1000 foot the Magic City SAP Parking Program
within the SAP Area boundaries. by proccac of Waivcr,
cxccpt whorl sitc is within 500 fcct of T3.
• Loadin - See Article 4, Table 5 of this Re ulatin Plan
MIAMI 21- JANUARY 2018
DRAFT - 2/22119
D1
DENSITY (UPA)
RESIDENTIAL
LODGING
OFFICE
D1 - WORK PLACE
36 UNITS PER ACRE
Residential Uses are permissible as listed in Table 3, limited
by compliance with:
•Minimumof1 parkingspaceperDwellingUnit.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt forcitcs within 500 fcct of an ungatcd T3 Tranccct
Zonc, tThe parking ratio may be reduced within a TOD
area or within a Transit Corridor area by up to thirty
percent (30%) by proccx of Waivcr; by up to fifty percent
(50%) by proccss f Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
.1 nnrlinn_ Acc Srfirhd TnI,6 G of fhic Roniihfinn Phn
Lodging Uses are permissible as listed in Table 3, limited by
compliance with:
• Minimum of1 parking spaceforevery 2 lodging units.
• Minimum of 1 additional parking space for every 10lodging
units for visitors.
• Parking requirement may be reduced according to the Shared
Parking Standard, Article 4, Table 5 of this Regulating
Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt f rcitcs within 500 fcct f an ungatcd T3 Tranccct
Zonc, tThe parking ratio may be reduced within a TOD
area or within a Transit Corridor area by up to thirty
percent (30%) by proccs of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 feet the Magic City SAP Parking Program
within the SAP Area boundaries. by promo., of Waivcr,
cxccpt whcn sitc is within 500 feet of T3.
.I n�dinn_c srtirlcd Tmhloc of fhic Poni,hfinn Phn
Office Uses are permissible as listed in Table 3, limited by
compliance with:
• Minimum of 3 parking spaces for every 1,000 sf of office space.
• Parking requirement may be reduced according to the Shared
Parking Standard, Article 4, Table 5 of this Regulating
Plan.
•Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt f rcitcs within 600 fcct f an ungatcd T3 Tranccct
Zonc, tThe parking ratio may be reduced within a TOD
area or within a Transit Corridor area by up to thirty
percent (30%) by proccac of Waivcr; by up to fifty percent
(50%) by proccss of Waivcr and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
•Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fact the Magic City SAP Parking Program
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT - 2/22119
within the SAP Area boundaries. Wai
cxccpt whcn sitc is within 500 fcct of T3.
• Loading -See Article 4. Table 5 of this Regulating Plan
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
D1 D1 - WORK PLACE
DENSITY (UPA)
36 UNITS PER ACRE
COMMERCIAL
Commercial Uses are permissible as listed in Table 3, limited
by compliance with:
• Minimum of 3 parking spaces for every 1,000 sf of
commercial space, except for Public Storage Facilities,
minimum 1 parking space for every 10,000 square feet
with aminimum of 8 parking spaces.
• Parking requirement may be reduced according to the Shared
Parking Standard, Article 4. Table 5 of this Regulating Plan
exceptforPublicStorage Facilities.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
Exccpt for 600 fcct T3 Transcct
sitcc within of an ungatcd
Z nc, tThe ratio may be reduced within TOD
parking a
area or within a Transit Corridor area by up to thirty
percent (30%) by process of Waiver; by up to fifty percent
(50%) by process of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccss of Waivcr,
is 500 fcct T3.
cxccpt whcn citc within of
• Loading- See Article 4, Table 5 of this Regulating Plan
CIVIC
Civic Uses are permissible as listed in Table 3, limited by
compliance with:
•Minimum of 1 parking space for every5seatsof assembly
uses.
• Minimum of 1 parking space for every 1,000 sf of exhibition
or recreation space, and parking spaces for other Uses as
required.
• Parking requirement may be reduced according to the Shared
Parking Standard, Article 4, Table 5 of this Regulating
Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Except for within 500 feet T3 Transect
sites of an ungated
Zonc, tThe ratio may be reduced within TOD
parking a
area or within a Transit Corridor area by up to thirty
percent (30%) by process of Waiver; by up to fifty percent
(50%) by process of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area, twenty percent (20%1 of reauired
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each reauired
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Manic City SAP Parking Program
within the SAP Area boundaries. by proccss of Waivcr,
is 500 fcct T3.
cxccpt whcn citc within of
•Loading -See Article 4, Table 5 of this Regulating Plan
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
D1
Di - WORK PLACE
DENSITY (UPA)
36 UNITS PER ACRE
CIVIL SUPPORT
Civil Support Uses are permissible as listed in Table 3, limited
by compliance with:
• Minimum of 1 parking space for every 1,000 sf. of Civil
Support Use.
• Parking requirementmay be reduced according to theShared
Parking Standard, Article 4, Table 5 of this Regulating
Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
•Minimumofl parkingspaceforevery5seatsforassemblyuses.
• Minimum of 1 parking space for every 5 slips for marine Uses.
• Adult Daycare- Minimu m of 1 s pace per staff member.
• Except for sites within 500feet ofan ungated T3 Transect
Zone, the parking ratio may be reduced within a TOD
area or within a Transit Corridor area by up to thirty
percent (30%) by process of Waiver; by up to fifty percent
(50%) by process of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccss of Woivcr,
is 500 fcct T3.
cxccpt whcn citc within of
• Loading -See Article 4, Table 5 of this Regulating Plan
EDUCATIONAL
Educational 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 unless otherwise indicated below
for Schools and Childcare Facilities.
• Schools — Minimum of 1 parking space for each faculty or
staff member, 1 visitor parking space per 100 students,
1 parking space per 5 students in grades 11 and 12 or
College/University.
• Parking requirement may be reduced according to the Shared
Parking Standard, Article 4, Table 5 of this Regulating
Plan.
• Minimum of 1 Bicycle Rack Space for every 20 vehicular
spaces required.
• Childcare Facilities -Minimum of 1 space for the owner/opera-
tor and 1 space for each employee, and 1 drop-off space for
every 10clientscared for.
Except for 500 fcct T3 Transcct
sites within of an ungatcd
Z nc, EThe ratio may be reduced within TOD
parking a
area or within a Transit Corridor area by up to thirty
percent (30%) by process of Waiver; by up to fifty percent
(50%) by process of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 feet the Magic City SAP Parking Program
within the SAP Area boundaries. by proccoc of Waivcr,
is 500 fcct T3
cxccpt whcn citc within of
•Loading -See Article 4, Table 5 of this Regulating Plan
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 4: DENSITY, INTENSITY AND PARKING
D1
Di - WORK PLACE
DENSITY (UPA)
36 UNITS PER ACRE
INDUSTRIAL
Industrial Uses are permissible as listed in Table 3, limited by
compliance with:
•Please refer to Article 6 far additional specific requirements.
•Minimum of1 parking spaces forevery1,000sfofIndustrial
Use, except for Commercial 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 Parking Standard, Article4, Table 5 of this
Requlatinq Plan exceptfor Public Storage Facilities.
•Minimumof 1 Bicycle RackSpacefor every 20 vehicular
spaces required.
Exccpt for 500 feet T3 Tranecct
sites within of an ungatcd
7onc, tThe ratio may be reduced within TOD
parking a
area or within a Transit Corridor area by up to thirty
percent (30%) by process of Waiver; by up to fifty percent
(50%) by process of Waiver and payment into a transit
enhancement Trust Fund, as established by Chapter 35
of the City Code; or by one hundred percent (100%) for
any Structure with a Floor Area of ten thousand (10,000)
square feet or less.
• Within a TOD area, twenty percent (20%) of required
parking spaces may be exchanged for bicycle parking at
a ratio of six (6) Bicycle Rack Spaces for each required
parking space.
• Parking may be provided by ownership or lease offsite
within 1000 fcct the Magic City SAP Parking Program
within the SAP Area boundaries. by proccoc of Waivcr,
is 500 fcct T3.
except when site within of
•Loading- See Article 4, Table 5 of this Requlatinq Plan
MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
DRAFT - 2/22/19 ARTICLE 4. STANDARDS AND TABLES
TABLE 5 : PARKING AND LOADING
SHARED PARKING STANDARDS WITHIN THE SAP AREA
SHARING FACTOR VNTHIN THE SAP AREA
Function
RESIDENTIAL
LODGING
OFFICE
COMMERCIAL
with
Function
RESIDENTIAL
LODGING
OFFICE
COMMERCIAL
The shared Parking Standards Table provides the method for calculating shared parking for Lots with
more than one Use type within the SAP Area. It refers to the parking requirements that appear in Table 4.
The parking required for any two Functions on a Lot within the SAP Area is calculated by dividing the
number of spaces required by the lesser of the two uses by the appropriate factor from this Table and
adding the result to the greater use parking requirement.
For instance: for a Lot with a Residential Use requiring 100 spaces and a Commercial Use requiring 20
spaces, the 20 spaces divided by the sharing factor of 2.22 would reduce the total requirement to 100
plus 9 spaces. For uses not indicated in this chart on a mixed use lot a sharing factor of 1.1 shall be
allowed. Additional sharing is allowed by SAP Permit.
OFF•STREET PARKING STANDARDS WITHIN THE SAP AREA
ANGLE OF
PARKING
ACCESS AISLE WIDTH
ONE WAY
TRAFFIC
SINGLE LOADED
ONE WAY
TRAFFIC
DOUBLE LOADED
TWO WAY
TRAFFIC
DOUBLE LOADED
90
23 ft
23 ft
23 ft
60
12.8 ft
11.8ft
19.3 ft
45
10.8 ft
9.5 ft
18.5 ft
Parallel
10 ft
10 ft
20 ft
Standard stall: 8.5 ft x 18 ft minimum
• 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.
LOADING BERTH STANDARDS
SAP AREA
DISTRICT
NOTES
RESIDENTIAL*
From 50,000 sf to 500,000 sf of Habitable Space
Berth Size Loading Berths
420 sf 1 per first 150 units
200 sf 1 per each additional 150 units or
fraction of 150.
Greater than 500,000 sf of Habitable Space
Berth Size Loading Berths
660 sf 1 per first 150 units
200 sf 1 per each additional 150 units or
fraction of 150.
Berth Types
Residential*: 200 sf = 10 ft x 20 ft
X 12 ft
Commercial**: 420 sf = 12 ft x 35 ft
x 15 ft
1
MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
DRAFT - 2/22/19 ARTICLE 4. STANDARDS AND TABLES TABLE 6: FRONTAGES
a. Common Lawn: a Frontage wherein the Fagade is set back sub-
stantially from the Frontage Line. The front yard created remains
unfenced and is visually continuous with adjacent yards, supporting
a common landscape. The Setback can be densely landscaped to
buffer from higher speed Thoroughfares.
b. Porch & Fence: a Frontage wherein the Fagade is set back from
the Frontage Line with an attached Porch permitted to encroach. A
fence at the Frontage Line maintains the demarcation of the yard
while not blocking view into the front yard.
c. Terrace or Light Court: a Frontage wherein the Fagade is set back
from the Frontage Line by an elevated terrace or a sunken light
court. This type buffers residential use from urban sidewalks and
removes the private yard from public encroachment. The raised
terrace is suitable for outdoor cafes.
d. Forecourt: a Frontage wherein a portion of the Fagade is close
to the Frontage Line with a portion set back. The forecourt
with a large tree offers visual and environmental variety to
the urban Streetscape. The Forecourt may accommodate a
vehicular drop off.
e. Stoop: a Frontage wherein the Fagade is aligned close to the
Frontage Line with the first Story elevated from the sidewalk
sufficiently to secure privacy for the windows. The entrance is
usually an exterior stair and landing. This type is recommended
for ground -floor Residential Use.
f. Shopfront: a Frontage wherein the Fagade is aligned close to the
Frontage Line with the Building entrance at sidewalk grade. This
type is conventional for retail Use. It has substantial glazing at the
sidewalk level and an Awning that may overhang the sidewalk.
g. Gallery: a Frontage wherein the Fagade is aligned close to the
Frontage Line with an attached cantilevered or a lightweight
colonnade overlapping the sidewalk. This type is conventional for
retail Use. The Gallery shall be no less than 15' feet wide and may
overlap the whole width of the sidewalk to within 2 feet of the curb.
Permitted by Special Area Plan.
h. Arcade: a Frontage wherein the Fagade includes a colonnade that
overlaps the sidewalk, while the Fagade at sidewalk level remains
at the Frontage Line. This type is conventional for retail Use. The
arcade shall be no less than 15' feet wide and may overlap the
whole width of the sidewalk to within 2 feet of the curb. Permitted
by Special Area Plan.
SECTION PLAN
LOT R.O.W. LO R.O.W.
PRIVATE t PUBLIC PRIVATE'. PUBLIC
Frontage Frontage Frontag Frontage
MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
DRAFT - 2/22/19 ARTICLE 4. STANDARDS AND TABLES TABLE 6: FRONTAGES
i. Cantilever: a Frontage consisting of a portion of a Facade with
a projecting or protruding section of a Building above the ground
level story and open to a Thoroughfare or Civic Space Type on a
minimum of one (1) side. The area below a Cantilever may be an
extension of a Civic Space Type. A Cantilever may project
beyond the Frontage Line into a Civic Space Type (including into
the Promenade du Grand Bois) within the SAP Area up to five (5)
feet, including into an improved privately owned outdoor area
(even if open to the public). Permitted by SAP Permit.
•
MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 7: CIVIC SPACE TYPES
This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program.
Civic Space Types should be at the ground level or located atop a Structure where the roof is an extension of the ground plane. Public Parks and Open Space,
including Civic Space Types, should be landscaped and/or paved, open to the sky and shall be open to the public at a minimum during standard daytime hours
seven (7) days a week (subject to reasonable closures for construction and maintenance). Limited vehicular access, as appropriate, may be provided and integrated
into the design of a Park or Open Space, including a Civic Space. Public Parks and Open Space, including Civic Space Types, an -el may be publicly or privately
owned and may be utilized for private and public events, provided they otherwise meet the requirements of this Code. Open Space requirements for each zone are
described in Article 5.
a. Park: A natural preserve available for unstructured and structured recreation programs. A Park may
be independent of surrounding Building Frontages. Its landscape may be naturalistic and consist of
paths and trails, meadows, woodland, sports fields and open shelters. Parks may be Conservation
Areas, preserving natural conditions and their size may vary.
b. Green: An Open Space, available for unstructured recreation programs. A Green may be spatially
defined by landscaping rather than Building Frontages. Its landscape shall consist of lawn and trees,
naturalistically disposed. The minimum size shall be one quarter (1/4) acre and the maximum shall
be 4 acres.
c. Square: An Open Space available for unstructured recreation programs and civic purposes. A square
is spatially defined by Building Frontages with streets on at least one Frontage. Its landscape shall
consist of pavement, lawns and trees, formally disposed. Squares shall be located at the intersection
of important Thoroughfares. The minimum size chall be 1 /3 acre and the maximum shall be 2 acres.
d. wazan-romenaoe: An upen Space avaaaoae tor civic purposes, programme(' activities,—commercrar activity
and general pedestrian connectivity within the SAP. A Plaza/Promenade shall be spatially defined by Building
Frontages and may include street Frontages, and inclusive of one or more Pedestrian Passages. Its landscape
shall consist Omafilyof a mix of pavement and trees and other landscaped area. The Promenade du Grand
Bois shall be considered a Plaza/Promenade Open Space and Civic Space Type for purposes of this
Regulating Plan and the Code. Each section of the Promenade du Grand Bois shall have a minimum width
(north -south) of 50 ft.; and it shall have a minimum average width of 90 ft. across its entire length (east -west)
once fully complete. Plazas shall bc located at thc intersection of important Thoroughfares. The minimum cizc
chall be 1/8 acre and the maximum shall bc 2 acres.
e. Courtyard / Garden: An Open Space spatially defined by Buildings and street walls, and visually
accessible on one side to the street.
f. Playground: An Open Space designed and equipped for the recreation of children. A Playground
shall befenced and may include an open shelter. Playgrounds shall be interspersed within residential
areas and may be placed within a Block. Playgrounds may be included within Parks and Greens.
There shall be no minimum or maximumsize.
g. Pedestrian Passage: An Open Space connecting other public spaces, that is restricted to pedes-
trian use and limited vehicular access, of a minimum width of 20 feet. Building walls enfronting a
Pedestrian Passage shall have frequent doors and windows. In MCID T6 36, T618, T6 60 and
T6 80, a Pedestrian Passage may be roofed.
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MIAMI 21- JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
TABLE 7: CIVIC SPACE TYPES
h. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to
residents of apartments and other dwelling types without private gardens. Community gardens
should accommodate individual storage sheds.
e
MIAMI 21 - JANUARY 2018
DRAFT - 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
ARTICLE 4. STANDARDS AND TABLES
DIAGRAM 11: TRANSIT ORIENTED DEVELOPMENT - TOD
•
•
1
e
METRORAIL
FUTURE METRORAIL
METROMOVER
BUS ROUTES
STREETCAR
HEALTH DISTRICT CIRCULATOR
HEALTH DISTRICT STOPS
FUTURE TRANSIT SHEDS (INCLUDING POTENTIAL MAGIC CITY INNOVATION DISTRICT/LITTLE HAITI PASSENGER/COMMUTER RAIL STATION)
1/2 MILE TRANSIT SHED
1/4 MILE PEDESTRIAN SHED
• _
\ POTENTIAL MAGIC CITY INNOVATION
• / DISTRICT/LITTLE HAITI
PASSENGER/COMMUTER RAIL STATION
/
`+';46T" /
/
\
uhn '� ) I
z✓
Note: The Official Miami 21 TOD Diagram is maintained in the Office of the City Clerk.
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.1 Building Disposition (T5)
a. Newly platted Lots shall be dimensioned according to Illustration 5.5 of this Regulating
Plan.
b. Lot coverage by any Building shall not exceed 90% on any single Lot, and that shown in
Illustration 5.5. shall not exceed 80% in the aggregate within the SAP Area.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration
5.5 of this Regulating Plan.
d. Buildings shall have their principal pedestrian entrances on a Frontage Linc or
Promenade or other Civic Space Type courtyard at the Second Layer.
e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line or
Promenade du Grand Bois or other Civic Space Type along a minimum of seventy percent
(70%) of its length on the Setback Line, or as otherwise approved by SAP Permit as
Chown in Illustration 5.6. In the absence of Building along the remainder of the Frontage
Line, a Streetscreen shall be built co -planar with the Facade to shield parking and service
areas.
f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows;
pedestrian entrances shall occur at a maximum spacing of seventy five (75) feet and
vehicular entries shall occur at a minimum spacing of sixty (60) feet, unless approved by
Waiver SAP Permit.
g.
Setbacks for Buildings shall be as shown in Illustration 5.5 of this Regulating Plan and as
may be modified by a Gallery, if applicable. Where the Property to be developed abuts a
Structure other than a sign, a Waiver may be granted co the proposed Structure may be
disposed in a manner that matches the ground level dominant setback of the block and its
context, to be approved by SAP Permit. Facades along NE 2nd Avenue shall be
compatible with Little Haiti -French Creole Design Standards, as applicable. Buildings
fronting on the Promenade du Grand Bois may encroach up to 100% into their required
setback along the Frontage Line bordering the Promenade du Grand Bois, as approved by
SAP Permit.
h. For sitcs with thrcc hundred and forty (340) fcct Frontagc Icngth or morc, a crosc Block
passage shall be provided as follows: If the Frontage Line of a Site is at any point more
than three hundred forty (310) Feet from a Thoroughfare intersection, the Building shall
providc a crow Block Pcdcstrian Pa,Lagc. If the Frontagc Linc of a sitc is at any point morc
Block passage shall be provided.
1
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
Maximum Lot size as Chown in Illustration 5.6 may bc incraascd by Exccption for Uscs that
serve the Neighborhood.
5.5.2 Building Configuration (T5)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.5 of this Regulating Plan and as modified by Section 3.3 of this Regulating
Plan.
b. Encroachments shall be as follows: At the First Layer, 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 and other Architectural Treatments that
are non -accessible, may encroach a maximum of three (3) feet into the Setback, and a
maximum of five (5) feet into the setback fronting on a Civic Space Type by SAP Permit. At
the Second and Third Layers, no encroachments are permitted.
c. Galleries and Arcades shall bc minimum fiftccn (15) fcct dccp, shall may encroach one
hundred percent (100%) of the depth of the Setback and may overlap the whole width of the
Sidewalk to within two (2) feet of the curb. See Article 4, Table 6 of this Regulating Plan
Permitted by process of a Special Area Plan.
d. Screen enclosures shall be located within the Second or Third Layer only and shall have a
five (5) feet minimum side and rear Setback when Abutting T3 or T4.
e. Loading and service entries shall be within the Third Layer and shall be accessed from
Alleys when available, and otherwise from the Secondary Frontage. Loading spaces and
service areas shall be internal to the building where spatially possible. For Buildings that
cannot accommodate internal loading, required loading may be accommodated through
on -street loading spaces as set forth in Section 3.6.9 and Article 4, Table 5 of this
Regulating Plan. Where Lots have only Principal Frontages, vehicular entries, Loading
Docks and service areas are shall be permitted on Principal Frontages by SAP Permit by
Waiver.
f. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and
appurtenant enclosures shall be located within the Second or Third I ayer and concealed
from view from any Frontage or Sidewalk by Lincr Buildings, walls, Strcctscrccns, or opaquc
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 this 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 (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.
2
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of fire-(5} 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, elevator lobby, restrooms, or mechanical enclosures shall be
limited to twenty (20%) of the roof area, unless approved by Waiver.
All Best efforts shall be made to conceal ground floor and rooftop utility infrastructure and
mechanical equipment shall be concealed from public view. At the building Frontage, all
cquipmcnt such as backflow prcvcntcrs, siamccc conncctions, and the like shall be placed
within the line of the Facade or behind the Streetscreen. on the roof, best efforts
shall be made to conceal all equipment except antennas from lateral view with the use of
screen walls. Exhaust air fans and louvers may be allowed on the Facade above the first
fourteen (14) feet only on the Secondary Frontages above the first floor.
e between thrcc and a half (3.5) and cight (8) fcct in Hcight 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
morc than thrcc (3) fcct high shall be fifty perccnt (50%) permeablc or articulatcd to avoid
blank walls.
5.5.3 Building Function & Density (T5)
a. Buildings in T5 shall conform to the Functions, Densities, and Intensities described in
Article 4, Tables 3 and 4 and Illustration 5.5 of this Regulating Plan. Certain Functions as
shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article
6 for any supplemental use regulations.
5.5.4 Parking Standards (T5)
a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5 of this
Regulating Plan, and shall be provided in the aggregate within the SAP Area.
b. On -street parking available along the Frontage Lines that correspond to each Lot within the
SAP Area shall be counted toward the cumulative parking requirement of the Buildings) on
the Lot.
c. Parking should be accessed by an Alley. Parking shall be acceced from the Secondary
Frontagc whcn availablc. Whcrc Lots havc only Principal Frontagcs, parking may be
accessed from the Principal FrontageJ. Parking generally shall be accessed from a
Secondary Frontage or Alley, or from a Principal Frontage as generally illustrated on
Concept Book Sheets 35-36 and approved by SAP Permit.
3
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
d. Primary Frontage. All 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. Parking may extend into the Second Layer above the
first Story by Waiver 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 perccnt (100%) of that portion of thc Pedestal Facade with the use of an
Architectural Treatment, of a design to be approved by the Planning Director, and in such
case no less than eighty percent (80%) of such Facade to be treated with an Architectural
Treatment when facing a Principal Frontage, Promenade or other Civic Space Type. 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.
e. Secondary Frontage. All Parking, open parking areas, covered parking, garages, Loading
Spaces, and service areas shall be located in the Third Layer and shall be masked from
the Frontage by a Lincr Building or Strcctscrccn for a minimum of fifty percent (50%) of the
length of the frontage or height of the pedestal with the use of an Architectural Treatment,
of a design to be approved by the Planning Director. 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 Waiver if an art or glac treatment of a design to be approved by the
Planning Dircctor is provided for that portion of thc pedestal facade with the use of an
Architectural Treatment, of a design to be approved by the Planning Director, provided for
that portion of the Pedestal Facade.
f. 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
s above that of the Sidewalk. Ramps to underground parking shall be only within the
Second and Third Layers.
g•
The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than
twenty-five (25) feet and the minimum distance between vehicular entrances shall be sixty
(60) feet, unless approved by Waiver.
h. Pedestrian entrances to all parking Lots and parking structures shall be located directly from
a Frontage Line, Civic Space Type or Paseo, as to alleviate any conflicts between
pedestrian and vehicular traffic be directly from a Frontage Line. Underground parking
structures should be entered by pedestrians directly from a Principal Building.
Buildings mixing uses shall provide parking for cach Usc. Shared Parking shall be
calculated according to Article 4, Table5 of this Regulating Plan.
5.5.5 Architectural Standards (T5)
a. Only permanent structures shall bc allowcd. Temporary structures such as mobile homcs,
shall not bc allowcd cxccpt as per City Code and this code. Temporary structures shall be
4
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
permitted only as per City Code, as modified by this Regulating Plan and the Development
Agreement.
b. The Facades on Retail Frontages shall be detailed as storefronts and allow for
transparency for no less than seventy percent (70%) of the sidewalk -level retail frontage
facade Story, unless otherwise approved by SAP Permit and glazed with cl ar glass no Icsc
than seventy percent (70%). Security screens shall be seventy percent (70%) open.
c. Roof materials should be light-colored, high Albedo or a planted surface and shall comply
with Article 3, Section 3.13.2 of this Code.
d. 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.
Thc cxposcd top Icvcl of parking Structures shall bc covcrcd a maximum of sixty perccnt
retractable canvas shade Structure.
5.5.6 Landscape Standards (T5)
a. The First Layer as shown in Article 4, Table 8 shall be paved and landscaped to match the
Public Frontage as shown in Article 8, as delineated further in the Concept Book.
b. Open Space shall be a minimum ten percent (10%) of the total SAP It Area in the
aggregate. Ten percent (10%) of the Open Space provided in Second or Third Layer shall
be landscaped
5.5.7 Ambient Standards (T5)
a. Noise regulations shall be as established in the City Code.
b. Lighting of building and contingent Open Spaces shall be compatible with street lighting of
Abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not
be visible from streets.
c. Average lighting levels measured at the Building Frontage shall not exceed 5.0 fc (foot-
candles).
d. Thc lighting fixtures of cxposcd rooftop parking shall bc concclalcd by a parapct wall and
shall not be seen from surrounding streets.
5
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
5.6 URBAN CORE TRANSECT ZONES (T6) MAGIC CITY INNOVATION DISTRICT URBAN CORE
TRANSECT ZONES (MCID)
As described at Article 2 of this Regulating Plan, the MCID Transect Zone shall generally have the
equivalent standards and criteria, and be regulated the same, under the Miami 21 Code as the T6-
0 Transect Zone, except as modified by this Regulating Plan. The modifications to the Miami 21
Code contained in this Article 5.6 of the Regulating Plan shall apply to the MCID-1 and MCID-2
Transect Zones within the SAP Area.
5.6.1 Building Disposition ( MCID)
a. Newly platted Lots shall be dimensioned according to Illustration 5.6 of this Regulating
b. Lot coverage by any Building shall not exceed 90% on any single Lot, and that shown in
Illustration 5.6. shall not exceed 80% in the aggregate within the SAP Area.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration
5.6 of this Regulating Plan.
d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from
Promenade or other Civic Space Type courtyard at the Second Layer.
e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line or
Promenade du Grand Bois or other Civic Space Type along a minimum of seventy percent
(70%) of its length on the Setback Line, or as otherwise approved by SAP Permit as
Chown in Illustration 5.6. In thc absence of Building along thc remainder of thc Frontage
Linc, a Strcctccrccn shall be built co planar with thc Fagadc to shield parking and
service areas. In the case of two (2) or three (3) Principal Frontages meeting at
Thoroughfare intersections of Thoroughfares or intersection of a Thoroughfare and the
Promenade du Grand Bois, the Building corner may recede from the designated
Setback, only as approved by SAP Permit, for the purpose of creating pedestrian -
oriented intersections and preserving aesthetic view corridors up to twenty perccnt
{20%) of the Lot length.
f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows;
pedestrian entrances shall occur at a maximum spacing of seventy-five (75) feet, except on
Secondary Frontages pedestrian entrances shall occur at a spacing that relates to the use of
the ground floor interior space, and vehicular entries shall occur at a minimum spacing
of sixty (60) feet unless approved byWaiver SAP Permit.
g.
Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be
developed abuts a Structure other than a Sign, a Waiver may be granted so the proposed
Structure matches the ground level dominant setback of the block and its context.
6
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
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 Waiver. For T6 24,
T6 36, T6 48, T6 60 and T6 80, tThe Frontage Setbacks above the eighth floor shall not
be required for a Frontage facing a Civic Space or a Right -of -Way fifty (50) seventy (70)
feet or greater in width. At property lines Abutting a lower Transcct Zonc thc Sctbacks
shall reflect the transition as shown in Illustration 5.6. Buildings fronting on the
Promenade du Grand Bois may encroach up to 100% into their required setback along
the Frontage Line bordering the Promenade du Grand Bois, as approved by SAP
Permit.
h. Above the eighth floor, minimum building spacing is sixty (60) feet, cxccpt that whcre the
Building abuts T5, the sixty (60) feet required spacing shall be above the fifth floor. For
T6 21, T6 36, T6 18, T6 60 and T6 80 as measured from Building Facade exterior walls. 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 fifteen (15) feet twenty (20) feet by Waiver.
For T6 36, T6 18, T6 60 and T6 80 above the eighth floor in the Second Layer, at a
setback of ten (10) feet, an additional two stories of habitable space may extend a
maximum sixty percent (60%) of the length of the street Frontages. For T6 24, T6 36,
T6 18, T6 60 and T6 80 Above the eighth floor, an additional six feet of non -habitable
space is maybe allowed without additional setback to accommodate depth of swimming
pools, landscaping, transfer beams, and other structural and mechanical systems.
paz.,agc shall bc providcd as follows: If thc Frontagc Linc of a Sitc is at any point morc
than thrcc hundred forty (340) Fcct from a Thoroughfarc intcrscction, thc Building shall
crow Block pas agc shall bc providcd. Such a crow Block Pas agc may bc covcrcd
above the first floor by a maximum of twenty five percent (25%) of its length with
Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge.
In T6 36, T6 48, T6 60 and T6 80 a Pedestrian Paccage may be roofed and shall be
lined with frequent doors and windows.
Maximum Lot size as shown in Illustration 5.6 may be increased by Exception for Uses that
cerve the Neighborhood.
5.6.2 Building Configuration (T6 MCID)
a.
Illustration 5.6.
b. Above the eighth floor, the Building Floorplate dimensions shall be limited asfollows:
1. 15,000 square feet maximum for Residential Uses in T6 8, T6 12 and T6 21
7
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
2, 1. 18,000 square feet maximum for Residential Uses in T6 36, T6 48, T6 60 and
T6 80
3: 2. 30,000 square feet maximum for Commercial Uses and forparking
3. 1-30 220 feet maximum length for Residential Uses
5: 4. 215 250 feet maximum length for Commercial Uses
c. Encroachments shall be as follows: At the First Layer, 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, or Facade components promoting energy
efficiency, such as shading and Screening devices, and other Architectural Treatments
that are non -accessible, may encroach up to three (3) feet of the depth of the Setback,
and a maximum of five (5) feet into the Setback fronting on a Civic Space Type by SAP Permit.
Othcr cantilcvcrcd portions of thc Building shall maintain thc rcquircd Sctback. Abovc
a „iccs that arc n„n ssibIc or balconics—may cncroach a maximum of thrcc (3)
feet.
d. Galleries and Arcades shall bc minimum fiftccn (15) fcct dccp, shall may encroach one
hundred percent (100%) of the depth of the Setback and may overlap the whole width of
the Sidewalk to within two (2) feet of the curb. See Article 4, Table 6 of this Regulating
Plan Permitted by process of a Special Area 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,
Street creenc ,or opiague gate Thec shall not be allowed ac Ennroachmentc
f. Loading and service entries shall be within the Third Layer and shall be accessed from
Alleys when available, and otherwise from the Secondary Frontage. Loading spaces and
service areas shall be internal to the building where spatially possible. For Buildings that
cannot accommodate internal loading, required loading may be accommodated through on -
street loading spaces as set forth in Section 3.6.9 and Article 4, Table 5 of this Regulating Plan.
Where Lots have only Principal Frontages, vehicular entries, Loading Docks and service
areas are shall bc permitted on Principal Frontages by SAP Permit byWaiver.
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 this 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.
8
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of fifteen ten (15 1-0) 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 Waiver. There shall be no limitation for ornamental element, stair, elevator
or mechanical equipment extensions above maximum Height for MCID T6 12, T6 24,
T6 36, T6 48, T6 60 and T6 80. Roof decks shall be permitted up to the maximum
Height. Trellises may extend above the maximum Height up to fourteen (14) feet.
i. Afl Best efforts shall be made to conceal ground floor and rooftop 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. Specifically, on the roof,
best efforts shall be made to conceal all equipment except antennas from lateral view with
the use of screen walls. Exhaust air fans and louvers may be allowed on the Facade
above the first fourteen (14) feet only on the Secondary Frontages above the first floor.
1•
Streetscreens or fences shall be between three and a half (3.5) and eight (8) feet in
masonry, wrought iron or aluminum. The Streetscreen may be replaced by a hedge.
Strcctscrccns shall havc opcnings no largcr than ncccscary to allow automobilc and
Linc. Strcctscrccns ovcr thrcc (3) fcct high shall be fifty perccnt (50%) permccablc or
articulated to avoid blank walls.
I. The ground floor along all Principal Frontages shall contain a minimum of sixty percent
(60%) Habitable Space.
5.6.3 Building Function & Density ( MCID)
a.
i, rtic , T 3and ii and Il144stf 5,6,Certain Fi inctionc chnwn T r} e-47
Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any
supplemental regulations.
b. The calculation of the FLR shall not apply to Buildings within the SAP Area the portion
of a building that is entirely below base flood elevation.
c. Buildings within the SAP Area fronting on NE 60th Street shall contain active ground
floor Uses (e.q., active Commercial, Office, Residential, Lodging or other Uses) along
9
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
NE 60th Street, for a minimum of forty-five percent (45%) of the total Building Facade
length along NE 60th Street contained within each applicable SAP Campus Zone.
5.6.4 Parking Standards (16 MCID)
a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5, and
shall be provided in the aggregate within the SAP Area.
b. On -street parking available along the Frontage Lines that correspond to each Lot within the
SAP Area shall be counted toward the cumulative parking requirement of the Building(
on the Lot.
c. Parking should be acce ced by an Alley. Parking shall be accessed from the Secondary
Frontage when available. Where Lots have only Principal Frontagcs, parking may be
accessed from the Principal Frontages. Parking generally shall be accessed from a
Secondary Frontage or Alley, or from a Principal Frontage as generally illustrated on Concept
Book Sheets 35-36 and approved by SAP Permit.
d. Primary Frontage. All 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 Layer, unless otherwise approved by SAP Permit, and shall be masked
from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8, or
may extend into the Second Layer above the first (1) Story, by Waiver, if an art or glass
troatmcnt, of a design to be approved by thc Planning Dircctor, with thc recommendation
of thc Urban Development Review Board, is provided for 100% of that portion of thc
Pedestal Facade. with the use of an Architectural Treatment, of a design to be approved
by the Planning Director, and in such case no less than eighty percent (80%) of such
Facade to be treated with an Architectural Treatment when facing a Principal Frontage,
Promenade or other Civic Space Type. 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.
e. Secondary Frontage. All Parking, open parking areas, covered parking, garages, Loading
Spaces and service areas shall be located in the Third Layer 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 frontage or height of the pedestal with the use of an Architectural
Treatment, of a design to be approved by the Planning Director. 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 Waiver, if an art or glass treatment of a design with
the use of an Architectural Treatment, of a design to be approved by the Planning
Director, provided for that portion of the Pedestal Facade. Parking facing commuter lines
such as the FEC rail corridor, Metrorail, Metromover or other transit corridors does not
require screening.
10
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
f. Underground parking may extend into the Second and First Layers only if it is fully
underground and does not require raising the first -floor elevation of the First and
Second Layers above that of the sidewalk. Ramps to underground parking shall be
within the Second or Third Layers.
g.
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 Waiver.
h. Pedestrian entrances to all parking Lots and parking structures shall be located directly
from a Frontage Line, Civic Space Type or Paseo, as to alleviate any conflicts between
pedestrian and vehicular traffic be directly from a Frontage Lino. Underground parking
structures should be entered by pedestrians directly from a Principal Building, unless
otherwise approved by SAP Permit.
i. Buildings mixing uses shall provide parking for aach Use. Shared Parking shall be
calculated according to Article 4, Table5 of this Regulating Plan.
5.6.5 Architectural Standards (T6 MCID)
a. Only permanent structures shall bc allowed. Temporary structures Ouch as mobile
homes, construction trailcrs, travel trailcrs, rccrctiational vehicles and othcr temporary
Temporary
structures shall be permitted only as per City Code, as modified by this Regulating Plan and the
Development Agreement.
b. The Facades on Retail Frontages shall be detailed as storefronts and allow for
transparency for no less than seventy percent (70%) of the sidewalk -level retail frontage
facade Story, unless otherwise approved by SAP Permit and glazed with clear glass no
less than seventy percent (70%). Security screens shall be seventy percent (70%) open.
c. Roof materials should be light-colored, high Albedo or a planted surface and shall
comply with Article 3, Section 3.13.2 of this Code.
d. Thc Fapadc of a parking garage that is not concctialcd behind a Habitable Lincr and all
Elevations shall bc screened to conccal all internal elements such as plumbing pipcs,
fans, ducts and lighting. Ramping should bc internalized wherever po ciblc. Exposed
spandrels shall bc prohibitcd. Thc exposed top level of parking structures shall bc
covered a minimum of sixty perccnt (60%) with a shade producing structurc such as, but
not limited to, a vined pergola or retractable canvas shade structure.
5.6.6 Landscape Standards (T6 MCID)
11
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
a. The First Layer as shown in Article 4, Table 8 shall be paved and landscaped to match the
Public Frontage as shown in Article 8, as delineated further in the Concept Book.
b. Open Space shall be a minimum ten percent (10%) of the total SAP het Area in the
aggregate. Ten percent (10%) of the Open Space provided in Second or Third Layer
shall be landscaped.
5.6.7 Ambient Standards (T-6 MCID)
a. Noise regulations shall be as established in the CityCode.
b. Average lighting levels measured at the Building Frontage shall not exceed 20 fc (foot-
candles).
c. Lighting of building and contingent Open Spaces shall be compatible with street lighting of
Abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not
be visible from streets.
d. The lighting fixtures of cxposcd rooftop parking shall be conccalcd by a parapct wall
and shall not be seen from surrounding streets.
**********
DISTRICT ZONES (D1)
5.9.1 Building Disposition (D)
a. Newly platted Lots shall be dimensioned according to Illustration 5.9.
b. Lot coverage by any Building shall not exceed 90% on any single Lot, and that shown in
Illustration 5.9. shall not exceed 80% in the aggregate within the SAP Area.
c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration
5.9.
d. One or more Buildings may be built on each Lot as shown in Illustration 5.9.
e. Setbacks for Buildings shall be as shown in Article 4, Table 2 and Illustration 5.9.
12
MIAMI 21— JANUARY 2018
DRAFT — 2122119
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
5.9.2 Building Configuration (D) ...
5.9.3 Building Function & Density (D) ...
5.9.4 Parking Standards (D)
a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5, and
shall be provided in the aggregate within the SAP Area,
b. On -street parking available along the Frontage Lines that correspond to each Lot within the
SAP Area shall be counted toward the cumulative parking requirement of the Building(s1 on
the Lot.
5.9.5 Architectural Standards (D)
a. Temporary structures shall be permitted only as per City Code, as modified by this
Regulating Plan and the Development Agreement.
b. Roof materials should be light-colored, high Albedo or a planted surface.
5.9.6 Landscape Standards (D)
a. The First Layer as shown in Article 4, Table 6 shall be paved and landscaped to match the
Public Frontage as shown in Article 8, Table B.
b. Unpaved Open Space shall be a minimum five percent (5%) of the Lot Area. Open Space
shall be a minimum ten percent (10%) of the total SAP Area in the aggregate.
5.9.7 Ambient Standards (D) ...
13
MIAMI 21 -JANUARY 2018
DRAFT - 2/22/19
BUILDING DISPOSITION WITHIN
SAP AREA
LOT OCCUPATION
MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
ILLUSTRATION 5.5 URBAN CORE TRANSECT ZONES (T5)
LE MARCHE DUPUIS
a. Lot Area
5,000 s.f. min.; 10,000 c.f. max.
b. Lot Width
50 ft min.
c. Lot Coverage
d. Floor Lot Ratio (FLR)
90%max. (80%max. in anorenate within entire
SAP Areal
N/A
e. Frontage at front Setback
f. Open Space
9. Density
70% min unless otherwise approved by SAP
Permit
10% Lot Area min. in aggregate within entire SAP
Area
150 dulac max.
BUILDING SETBACK
a. Principal Front
10 ft. min.
b. Secondary Front
5 ft. min.
c. Side
0 ft. min.
d. Rear
0 ft. min.
BUILDING CONFIGURATION WITHIN
SAP AREA
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
permitted (T5 L and T5 0 only)
9. Gallery
permitted by Special Area Plan
h. Arcade
permitted by Special Area Plan
i. Cantilever
permitted
BUILDING HEIGHT
a. Min. Height
N/A
b. Max. Height
6 Stories
c. Max. Benefit Height
N/A
BUILDING PLACEMENT WITHIN SAP AREA
Corner Lot
Interior Lot
Se_oanpary—Fronr—.----
5min 18t
11 10' min. Layer
0' min. 2nd
Layer
0' min.
A
0' min. ►.o
tt min .
-4 ►I ►1
1st 2nd
Layer Layer
3rd
Layer
PARKING PLACEMENT WITHIN SAP AREA
80%min.
0' min.
50%min
i;Lfim
•
0' min.
let aid 3rd
Lrovr Leer Layer
2res S 3t
1.11791'
BUILDING HEIGHT WITHIN SAP AREA
Max.
Height r--►1
i
Min.
Height
6
a
3
2
1 0min. ►4
ABUTTING SIDE & REAR ALL ZONES
MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
DRAFT- 2/22/19 ARTICLE 5. SPECIFIC TO ZONES
ILLUSTRATION 5.6 MCID MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT ZONES (MCID-1)
BUILDING DISPOSITION WITHIN
SAP AREA
LOT OCCUPATION
a. Lot Area
5,000 s.f. min.; 70,000 c.f. max.
b. Lot Width
50 ft min.
c. Lot Coverage
- 1-8 Stories
90 % max. (80 % max. in aggregate within entire
SAP Area)
- Above 8'h Story
18 000 sq. ft. max. Floorplate for Residential
& Lodging
30,000 sq. ft. max. Floorplate for Office &
Commercial
d. Floor Lot Ratio (FLR)
N/A
e. Frontage at front Setback
70% min. unless otherwise by SAP Permit
f. Open Space
10 % Lot Area min. in aggregate within entire SAP
Area
9. Density
150 du/ac max.*
BUILDING SETBACK
a. Principal Front
10 ft. min.; 10 ft. min. above 8'h Story
b. Secondary Front
5 ft. min.; 10 ft. min. above 8'h Story
c. Side
0 ft. min.; 20 ft. min. above 8'h Story
d. Rear
0 ft. min.; 20ft. min. above 8'h Story
e. Abutting side or rear T3
Pedestal: 10 ft. min.; 20 ft. min from the
(MCID-1 E/Les Ateliers
8th to the 12th Story30 ft. min. above the
only)
12th Story
BUILDING CONFIGURATION WITHIN
SAP AREA
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
12 L TC 12
permitted (TC and
only)
9. Gallery
permitted by Special Area Plan
h. Arcade
permitted by Special Area Plan
i. Cantilever
permitted
BUILDING HEIGHT
a. Min. Height
2 Stories
b. Max. Height
20 Stones
c. Max. Benefit Height
N/A
* Or as modified in Diagram 9
LES BUREAUX (MCID-1W) & LES ATELIERS (MCID-1E)
BUILDING PLACEMENT PARKING PLACEMENT
WITHIN SAP AREA WITHIN SAP AREA
la! 2m
Laor Lao
�L
1 50%min. $01a301
1
80%min.
0' min.1
0' min.
101 3d 31d
BUILDING HEIGHT WITHIN SAP AREA
Max.
Height
20
12
i--
agurrrrc SIDE aREAR
MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
DRAFT- 2/22/19 ARTICLE 5. SPECIFIC TO ZONES
ILLUSTRATION 5.6 MCID MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT ZONES (MCID-2)
BUILDING DISPOSITION WITHIN
SAP AREA
LOT OCCUPATION
a. Lot Area
5,000
s.f. min..490,000 .frrnexr
b. Lot Width
50 ft min.
c. Lot Coverage
- 1-8 Stories
90% max. (80% max. in aggregate within entire
SAP Area)
- Above 8'h Story
18 000 sq. ft. max. Floorplate for Residential
& Lodging
30,000 sq. ft. max. Floorplate for Office &
Commercial
d. Floor Lot Ratio (FLR)
N/A
e. Frontage at front Setback
70% min. unless otherwise by SAP Permit
f. Open Space
10% Lot Area min. in aggregate within entire SAP
Area
9. Density
150 du/ac max.*
BUILDING SETBACK
a. Principal Front
10 ft. min.; 10 ft. min. above 8'h Story
b. Secondary Front
5 ft. min.; 10 ft. min. above 8'h Story
c. Side
0 ft. min.; 20 ft. min. above 8'h Story
d. Rear
0 ft. min.; 20 ft. min. above 8'h Story
BUILDING CONFIGURATION WITHIN
SAP AREA
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
12 L TC 12
permitte (TC a„d
enly)
9. Gallery
permitted by Special Area Plan
h. Arcade
permitted by Special Area Plan
i. Cantilever
permitted
BUILDING HEIGHT
a. Min. Height
2 Stories
b. Max. Height
24 25 Stones
c. Max. Benefit Height
N/A
Or as modified in Diagram 9
LES RESIDENCES
BUILDING PLACEMENT PARKING PLACEMENT
WITHIN SAP AREA WITHIN SAP AREA
d
151 2nd
fd
Lafer
80%min.
i ISM
N 50%min. J 311A11
LATm
0' min._
0' min.
let 2rd ad
LAO LAW UPC
BUILDING HEIGHT WITHIN SAP AREA
Max.
Height
25
20' min
tt4r i--i►
�tl
NBIFITPCSEIE &FEAR A120NES
MIAMI 21 - JANUARY 2018
DRAFT - 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN
ARTICLE 5. SPECIFIC TO ZONES
BUILDING DISPOSITION WITHIN
SAP AREA
LOT OCCUPATION
a. Lot Area
5,000 10,000
s.f. min.; c.f. max.
b. Lot Width
50 ft min.
c. Lot Coverage
00 % max. (80 % max. in aggregate within entire
SAP Areal
d. Floor Lot Ratio (FLR)
N/A
e. Frontage at front Setback
None
f. Open Space
10%Lot Area min. in aggregate within entire SAF
Area
9. Density
36 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.
BUILDING CONFIGURATION WITHIN
SAP AREA
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
permitted
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
permitted
9. Gallery
permitted by Special Area Plan
h. Arcade
permitted by Special Area Plan
i. Cantilever
permitted
BUILDING HEIGHT
a. Min. Height
None
b. Max. Height
10 Stories
c. Max. Benefit Height
N/A
ILLUSTRATION 5.9 URBAN CORE TRANSECTZONES (D1)
BUILDING PLACEMENT WITHIN SAP AREA
Comer Lot
Interior Lat
CSecondary Front
-------- — :5' min.
►! —
le
e 10' min.
i
L 0' min. T
EL
Ei
3rd
layer
a min. 114
0' min. 1
1st 2nd
layer layer
1st
Layer
2y�& 3rd
Layer
PARKING PLACEMENT WITHIN SAP AREA
80%min.
0' min.T
50% min.
0' min.
lit 2rd 3e1
' Lays
1st
Lint
2rda3b,
Itttit
BUILDING HEIGHT WITHIN SAP AREA
Max.
Height i
ABUTTING SIDE & REAR ALL ZONES
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
Article 6, Table 13
T5 — URBAN CENTER ZONE
OPEN
DENSITY (UPA)
65150 UNITS PER ACRE
DWELLING UNIT
Efficiency Dwelling Unit: 400 square feet min.
One bedroom Dwelling Unit: 550 square feet min.
Two bedroom Dwelling Unit: 650 square feet min.
OPEN AIR RETAIL
Access to be from Thoroughfare.
site must a major
Distance separation of any Open Air Retail shall be a
minimum of 75 feet measured from any property within T3,
T4-R, T5-R, or T6-R Zone.
Operation limited to weekdays. weekends and legal
holidays for a maximum of 3 consecutive day:, between the
hours of 7:00 AM and 7:00 PM.
Provision for
of paving striping stalls and parking spaces.
Provision of onsite restroom facilities.
FOOD SERVICE
ESTABLISHMENT
Establishments with a valid alcohol beverage license shall
be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages! as modified by the Development Agreement.
Establishments 2,500 fcct Floor Arco with
undcr cquarc of
ICOP beverage licence
a valid alcohol shall rcquirc a
Warrant.
ALCOHOL SERVICE
ESTABLISHMENT
Establishments with a valid alcohol beverage license shall
be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages! as modified by the Development Agreement.
Establishments occupying m rc than 5,000 square fcct of
Floor Ar a shall rcquirc an Exception with approval by thc
City Commission. Establishments located within an
Entertainment District as dcfincd within Scction 1 9 of thc
City Code be to Exception
shall not subject an permit.
T6 URBAN CORE ZONE MCID — MAGIC CITY INNOVATION DISTRICT URBAN CORE ZONE
OPEN
DENSITY (UPA)
150 UNITS PER ACRE
DWELLING UNIT
Micro Unit: 275 square feet min. Permitted by SAP
Permit.
Efficiency Dwelling Unit: 400 square feet min.
One bedroom Dwelling Unit: 550 square feet min.
Two bedroom Dwelling Unit: 650 square feet min.
MIAMI 21 - JANUARY 2018
DRAFT- 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
OPEN AIR RETAIL
Subject to the following additional requirements:
Access to site must be from a major Thoroughfare.
Distance separation of any Open Air Retail shall be a
minimum of 75 feet measured from any property within T3,
T4-R, T5-R, or T6-R Zone.
Operation limited to weekdays, weekends and legal
holidays for maximum 3 days between the
a of consecutive
hours of 7:00 AM and 7:00 PM.
Provision striping for stalls spaces.
of paving and parking
Provision of onsite restroom facilities.
FOOD SERVICE
ESTABLISHMENT
Establishments with a valid alcohol beverage license shall
be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages: as modified by the Development Agreement.
Establishments 2,500 fcct Floor Ar
undcr square of a with
a valid 1COP alcohol beverage licence shall require a
Warrant.
ALCOHOL SERVICE
ESTABLISHMENT
Establishments with a valid alcohol beverage license shall
be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages: as modified by the Development Agreement.
Establishments morc than 5,000 fcct
occupying square of
Floor Area require Exccption with by the
shall an approval
City CommiGcion. Establishments located
within an
Entertainment District dcfincd within Section 1 0 the
as of
City Codc not be to Exccption
shall subject an permit.
D - DISTRICT
D1-WORKPLACE
DENSITY (UPA)
36 UNITS PER ACRE
DWELLING UNIT
Micro Unit: 275 square feet min. Permitted by SAP
Permit.
Efficiency Dwelling Unit: 400 square feet min.
One bedroom Dwelling Unit: 550 square feet min.
Two bedroom Dwelling Unit: 650 square feet min.
OPEN AIR RETAIL
Access to site must be from a major Thoroughfare.
Distance separation of any Open Air Retail shall be a
minimum of 75 feet measured from any property within T3,
T4-R, T5-R, or T6-R Zone.
Operation limited to weekdays, weekends and legal
holidays between the hours of 7:00 AM and 7:00 PM,
Provision of striping for stalls and spaces.
paving parking
Provision of onsite restroom facilities.
FOOD SERVICE
Establishments with a valid alcohol beverage license shall
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
ESTABLISHMENT
be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages;' as modified by the Development Agreement.
Establishments 2,500 fcct Floor Ara with
undcr cquarc of
valid 1COP beverage licence rcquirc
a alcohol shall a
Warrant.
ALCOHOL SERVICE
ESTABLISHMENT
Establishments with a valid alcohol beverage license shall
be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages;' as modified by the Development Agreement.
Establishments than 5,000 fcct
occupying morc cquarc of
Floor Ara shall rcquirc an Exccption with approval by thc
City C mmiccion. Establishments located within
an
Entertainment District as dcfincd within Scction 1 9 of thc
City Code shall not bc subject to Exccption
an permit.
* * * * * * * * * *
6.3 COMMERCIAL USES
6.3.1 Large Scale Commercial
Except for Public Storage Facilities which must comply with the criteria set forth under Article 6, Table 13, a single
commercial establishment occupying more than 55,000 square feet of Floor Area in any T6 0 MCID, D1 or D2 shall
be permitted subject to the following requirements:
Large Scale Commercial
LOCATION
By SAP Permit in MCID and D1 Transect Zones within the SAP Area and shall be located only on
Lots having Frontage on a Thoroughfare.
By Exccption in T6 0 bc located Lots having Frontage (1) morc
and shall only on on one or arterial
roads. Ingress to thc Lot must bc from thccc not from
and cgrccc providcd arterials and secondary
The Kots bc bc by
roads or collectors. shall also served and r adily accccsiblc collcctivc
transportation
systcms.
By Warrant in D1.
By Right in D2. Section 6.3.1 "Additional Requirements" shall not apply.
LOT SIZE
As required by Transect Zone.
COMMERCIAL AREA LIMITATIONS
Minimum: 55,000 square feet.
REQUIREMENTS WHEN ABUTTING
A MORE RESTRICTIVE TRANSECT
• A minimum of one (1) share tree with a minimum Height of twelve (12) feet shall be planted at
twenty-five (25) feet on center along the perimeter of the wall.
• Additional landscaping in the form of shrubs and Buffer plant material shall also be required.
PARKING
• All required Parking shall conform to Transect Zone and Article 4, Table 4, as set forth in this
Regulating Plan in it bc within Structure.
and addition shall providcd oncitc an enclosed
MIAMI 21 —JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
•
Parking Structures and parked vehicles provided on -site shall be concealed from exterior street
view and may only be located within the Third Layer.
ADDITIONAL REQUIREMENTS
•
At ground level: Habitable Space such as Liners to conceal Parking Structures or Parking
Areas, must be provided for at least sixty-five (65%) percent of linear street Frontages.
•
Second floor level: Habitable Space such as Liners to conceal Parking Structure, with a
combination of architectural articulation for all linear street Frontages shall be required;
however, in no case shall the Habitable Space Liners be less than forty percent (40%) of all
linear street Frontages.
•
Third floor level and above: Habitable Space such as Liners to conceal Parking Structure, with a
combination of architectural articulation for all linear street Frontages shall be permitted;
however, in no case will be Habitable Space Liners be less than twenty-five percent (25%) of all
linear street Frontages.
6.3.2 Vending Cads in Open Air Retail
Within the Promenade du Grand Bois, other Civic Space Types, open space, or partially open space, the following
uses may be permitted pursuant to the following requirements Warrant procc^r:
1. Outdoor dining areas shall be permitted as follows:;
(a) Outdoor dining areas located on Private Frontages, and:
(i) Fronting the Promenade du Grand Bois are permitted By Right.
(ii) Fronting a Thoroughfare are permitted by SAP Permit.
(b) Outdoor dining areas located on Public Frontages are permitted by SAP Permit.
2. Open Air Retail Uses shall be permitted as follows:
(a) Located as follows:
(i) Fronting or within the Promenade du Grand Bois are permitted By Right.
(ii) Other locations are permitted by SAP Permit, provided each such location
is set back at least fifteen (15) feet from an adjacent Public Right -of -Way.
(b) All exhibits, displays and sales of items from a vending cart, kiosk, or other Retail
Merchandising Unit shall be subject to the following limitations:
(i)
All such 6aFts Retail Merchandising Units shall be located completely
within private property, or, on undedicated right-of-way with an approved
agreement specifying terms of removal upon required dedication.
(ii) The merchandise or services and the method of display shall reflect and
complement the existing mix of uses within the district and shall be
consistent with the unique physical layout, cultural traditions and historic
character of the neighborhood.
MIAMI 21 —JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
(iii) All such salts Retail Merchandising Units shall conform with the following
distance limitations unless an alternate proposal is justified due to existing
established pedestrian patterns or other special site conditions:
1. All earts Retail Merchandising Units, whether located within
completely enclosed plazas or courtyards, or within linear building
frontage setbacks, shall be separated from each other by a
minimum of tea eight (1-0 8) feet and from any adjacent
permanent structures by a minimum of five three (5 3) feet; (i.e.
there shall be a minimum five three (5 3) foot clear radius
surrounding all such carts Retail Merchandising Units);
2. All saris Retail Merchandising Units located within linear building
frontage setbacks shall be setback from any adjacent public right-
of-way by a minimum of fifteen (15) feet.
(iv) Retail Merchandising Units, excluding any associated signage, as
permitted below in b.vii, shall be limited to a maximum size of one
hundred sixty (160) square feet in area and shall not exceed a maximum
Height of fifteen (15) feet.
(v) Retail Merchandising Units within the SAP shall not exceed thirty-five (35)
units at any single point in time, unless otherwise approved by the City as
a temporary use or special event in accordance with the City Code. Up to
fifteen (15) Retail Merchandising Units at any single point in time shall be
available By Right. Additional Retail Merchandising Units up to thirty-five
(35) units in total shall be available by SAP Permit.
(vi) Retail Merchandising Unit openings and windows may be closed from
time to time to secure the structure.
(vii) Individual exterior identification signs shall be limited to sixteen (16)
square feet in area, with no dimension exceeding eight (8) linear feet in
length. There shall be no more than two (2) identification signs per Retail
Merchandising Unit.
(c) All vcnding cart Retail Merchandising Units shall be securely anchored during
business hours, however, they must have wheels in order to enable them to be
removed within 24 hours in case of an emergency. Likewise, Open Air Retail shall
not count towards gross buildable area, Floor Area, Lot Coverage or similar
calculations under this Regulating Plan or the Development Agreement provided
the vending cart, kiosk, Retail Merchandising Unit or other Open Air Retail
structure has wheels and is removable within twenty-four (24) hours in case of
emergency.
(d) Deviations from these the foregoing standards at Section 6.3.2.2.b of this
Regulating Plan may be approved by the Planning, Zoning and Appcals Board
MIAMI 21 —JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
pursuant to an Exccption Pcrmit by SAP Permit upon a finding by the Planning
Director that the requested modifications are justified due to one or more of the
following special conditions:
(i) Established pedestrian flow patterns.
(ii) Existing landscape features.
(iii) Governmental action which creates a peculiar configuration on the subject
property.
(iv) Deviations do not interfere with the pedestrian experience within the SAP.
3. Display and salc of thc following itcms from vcnding carts:
(a) Flowcrs, plants and shrubs; vcgctablcs, producc, citrus or othcr unpackagcd
foods, not rcquiring rcfrigcration or furthcr prcparation, subjcct to applicablc statc
health rcgulations; and
(b) Arts and Crafts.
Within opcn cpacc, or partially opcn cpacc, display and salc of othcr mcrchandicc or food product&
allowcd to bc sold gcncrally within thc district, an
permitted by Exception.
Howcvcr, no Warrant or Exccption shall bc grantcd allowing cxisting uscs to cxpand thcir rctail
activity or to display their merchandise into existing open or partially open space.
1. Prior to thc approval of any vcnding cart, a mastcr citc plan shall bc submittcd for rcvicw
and approval; said mastcr plan shall spccify thc location and approximate footprints „f all
future carts;
2. There shall be no more than 1 (one) cart per each thirty five (35) linear feet of street frontage
cxccpt that, within courtyards, thcrc may bc morc upon compliance with the distance
separation requirements specified below;
3. Total signage shall be limited to eight (8) square feet in area, however no individual sign
may cxcccd four (4) squarc fcct in area and thcrc shall bc no morc than 2 signs per cart;
�. Lighting shall be limited to task lighting as necec ary for the conduct of businec ;
5. All vcnding carts shall bc limitcd to a maximum cizc of forty (40) squarc fcct in area and
chall not cxcccd a maximum hcight of tcn (10) fcct;
* * * * * * * * * *
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.4.1 Personal Wireless Service Facilities (PWSF)
3. New Placement and Substantial Modifications
MONOPOLE OR TOWER DEVICES
ROOFTOP OR ANCHORED DEVICES
MCID, T5, Di Transect Zones
(Within the SAP Area)
By Exccption SAP Permit subject to conditions and
limitations; including min. 500 feet distance requirement
from any T3 or T4 designated Zone measured from
nearest property line of PWSF site to the property line of
the nearest parcel zoned as T3 or T4.
By Warrant subject to conditions and limitations.
ADDITIONAL REQUIREMENTS
• All freestanding monopole or tower facilities shall be
designed to include sufficient landscape as to
screen the proposed facility from any adjacent right-
of-ways. Sufficient landscape shall include trees,
shrubs and ground cover in a tiered configuration.
• All freestanding monopole or tower facilities shall be
designed to accommodate up to three co -locations
of other antennas by future carriers. Any applicant of
new device shall show proof that co -location to
existing devices serving the area is not available.
• The mount shall not be visible from the ground from
a distance of 600 feet; Screening from ground view
may be provided by a parapet or some other type
wall or Screening.
• No part of the mount shall be located closer than
eight (8) feet to any power line.
• Mounts may not exceed three (3) separate areas
per rooftop.
STANDARDS
In the event that a specific facility cannot comply with the standards set forth above, an application for modifications as
to such standards shall only be permissible by Exccption SAP Permit. Such applications shall be accepted upon
compliance with the following:
• The above distance requirement may be reduced by SAP Permit specifically in regard to the relocation or
replacement of one (1) existing PWSF at 381 NE 61 Street (folio no. 01-3218-015-0700) if reasonably necessary to
maintain substantially similar coverage or service provided by the existing PWSF.
• The applicant for each such facility shall submit a justification report prepared by an engineer qualified in
the technological aspects (such as a 'radio frequency [RF] engineer") as to why the facility must be modified in terms
of height or location; such report shall be accompanied with a review fee as set forth in Chapter 62 of the City Code.
• The applicant for each such facility shall include, as part of the application, line of sight studies that depict
the three dimensional view of such facility from all adjacent right-of-ways; photo montages shall be considered an
acceptable form of line of sight studies.
• The applicant for each such facility shall include, as part of the application, a mitigation plan that depicts
proposed Buffering and Screening of such facility from all adjacent right-of-ways; such mitigation plan shall be in
compliance with the criteria and standards set forth for PWSF applications unless the relief being sought is from one or
more of such standards.
• For any such facility that is proposed to be located within a property zoned T3, T4-R, T5-R or T6-R, the
mitigation plan shall be required to either conceal, camouflage or disguise the proposed facility, or if possible, replace
a monopole or tower structure with a series of short mounts that are camouflaged within the area so as to reduce the
negative visual impact of a possible larger structure.
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 7. PROCEDURES AND
NONCONFORMITIES
* * * * * * * * * *
7.1.2.10 Magic City Innovation District SAP Permit
a. SAP Permit
All Development (excluding the Adaptive Use of existing Buildings) within the SAP Area
shall require approval by SAP Permit. For clarification, the Adaptive Use of existing Buildings
within the SAP Area shall be approved in accordance with the Miami 21 Code, as applicable. All
other permits under the Miami 21 Code which may be required for other Development within the
SAP Area, such as Warrants and Waivers, shall be approved by SAP Permit and subject to the
equivalent fee to those established in the Miami 21 Code and Ch. 62 of the City Code. The process
and criteria for review and approval of an SAP Permit application is set forth below.
Additionally, specific design conditions or Uses requiring approval by SAP Permit are
described in the various articles of this Regulating Plan, and are referenced here only for
convenience. The specific parameters of each SAP Permit referenced below are further described in
the articles in which each specific SAP Permit appears in this Regulating Plan.
1. Approval of outdoor creation of art work in an Art Gallery (Article 1.1).
2. Approval of vegetated surfaces and planters in an Architectural Treatment (Article 1.2).
3. Deferral of required off-street parking for phased projects (Article 3, Section 3.6.8).
4. Approval of certain loading berth turning movements (Article 3, Section 3.6.9).
5. Approval of certain Uses within the SAP Area (Article 4, Table 3).
6. Decrease of required parking by up to fifty percent (50%) for properties within a T5 or MCID
Transect Zone located within a TOD area (Article 4, Table 4).
7. Decrease of required parking by up to fifty percent (50%) or seventy-five (75%), as applicable,
for Residential Uses within an MCID Transect Zone located within a Transit Corridor (Article 4,
Table 4).
8. Decrease of required parking by up to eighty percent (80%) for certain Uses Abutting a Transit
Facility within a TOD area (Article 4, Table 4).
9. Approval of deviation from shared parking factor ratios (Article 4, Table 5).
10. Approval of Cantilever Frontage (Article 4, Table 6).
1
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 7. PROCEDURES AND
NONCONFORMITIES
11. Approval of certain Facade development along Frontages (Article 5, Section 5.5.1.e).
12. Approval of deviation from required vehicular entry distances (Article 5, Section 5.5.1.f).
13. Approval of building to dominant setback (Article 5, Section 5.5.1.g).
14. Approval of Building encroachment into setback along Promenade du Grand Bois (Article 5,
Section 5.5.1.g).
15. Approval of encroachment into setback fronting on a Civic Space Type (Article 5, Section
5.5.2.b).
16. Approval of vehicular entries, Loading Docks and service areas on Principal Frontages (Article
5, Section 5.5.2.e).
17. Approval of parking access from a Principal Frontage (Article 5, Section 5.5.4.c).
18. Approval of less than seventy percent (70%) transparency for Facades (Article 5, Section
5.5.5.b).
19. Approval of Facade development and Building corner recession (Article 5, Section 5.6.1.e).
20. Approval of deviation from required vehicular entry distances (Article 5, Section 5.6.1.f).
21. Approval of Building encroachment into setback along Promenade du Grand Bois (Article 5,
Section 5.6.1.g).
22. Approval of encroachment into setback fronting on a Civic Space Type (Article 5, Section
5.6.2.c).
23. Approval of vehicular entries, Loading Docks and service areas on Principal Frontages (Article
5, Section 5.6.2.f).
24. Approval of parking access from a Principal Frontage (Article 5, Section 5.6.4.c).
25. Approval of parking, Loading and service areas outside the Third Layer (Article 5, Section
5.6.4.d).
26. Approval of entrance to underground parking from other than through a Principal Building
(Article 5, Section 5.6.4.h).
2
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 7. PROCEDURES AND
NONCONFORMITIES
27. Approval of less than seventy percent (70%) transparency for Facades (Article 5, Section
5.6.5.b).
28. Approval of Micro Unit Dwellings (Article 6, Table 13).
29. Approval of large-scale Commercial Uses (Article 6, Section 6.3.1).
30. Approval of outdoor dining areas located on Private Frontages fronting a Thoroughfare (Article
6, Section 6.3.2.1.a).
31. Approval of outdoor dining areas located on Public Frontages (Article 6, Section 6.3.2.1.b).
32. Approval of Open Air Retail Uses in certain locations (Article 6, Section 6.3.2.2.a).
33. Approval of Retail Merchandising Units above fifteen (15) units (Article 6, Section 6.3.2.2.b).
34. Deviations from standards for Open Air Retail Uses (Article 6, Section 6.3.2.2.d).
35. Approval of Personal Wireless Service Facilities (PWSF) within the SAP Area (Article 6,
Section 6.4.1).
36. Modifications to previously approved SAP Permits (Article 7, Section 7.1.2.10.e).
37. Approval of a master sign package for the SAP (Article 10, Section 10.1).
38. 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 this
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 and/or Miami 21, 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 an SAP Permit. This SAP Permit cannot be combined with
any other specifically referenced SAP Permit of the same standard.
b. SAP Permit Review and Approval Process.
1. The Office of Zoning (or its successor) shall appoint a zoning reviewer to be knowledgeable
and up-to-date on the SAP and primarily responsible for processing SAP Permits for the SAP.
The Zoning Administrator or their designee shall review each application for an SAP Permit for
completeness. Upon verification by the Zoning Administrator, the application shall be referred
to the Planning Director. The Planning Director or their designee shall review each application
3
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 7. PROCEDURES AND
NONCONFORMITIES
for an SAP Permit for consistency with this Regulating Plan, the Concept Book, the
Development Agreement. Miami 21 and the Miami Comprehensive Neighborhood Plan.
2. The Planning Director shall, on an expedited basis following completion of the required steps
at subsections b.3 and b.4 below, as applicable, approve, approve with conditions or deny the
SAP Permit application. Approvals shall be granted when the application is consistent with the
SAP, inclusive of this Regulating Plan, the Concept Book, the 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 this Regulating Plan, the Concept Book, the 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 this Regulating
Plan, the Concept Book, the Development Agreement, the Miami 21 Code and the Miami
Comprehensive Neighborhood Plan, as applicable. The decision of the Planning Director shall
include an explanation of the requirements under the Miami 21 and the SAP regulations for an
appeal of the decision. The Planning Director shall include a detailed basis for denial of an
SAP Permit application, including citation to all applicable legal authority.
3. Urban Development Review Board Review. If an SAP Permit application involves a project in
excess of two hundred thousand (200,000) square feet of floor area, or as otherwise deemed
necessary by the Planning Director, the SAP Permit shall be referred for review by the Urban
Development Review Board in accordance with Ch. 62 of the City Code.
4. Coordinated Review Committee Review. SAP Permit applications for any new Building
within the SAP Area shall be reviewed by the Coordinated Review Committee in
accordance with Section 3.9.1(q) of Miami 21.
s. Historic and Environmental Preservation. An SAP Permit proposing any alteration to a
formally designated historic resource under Chapter 23 of the City Code shall be reviewed for
compliance with Section 3.10 of the Miami 21 Code and Chapter 23 of the City Code.
s. An SAP Permit 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.
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 an SAP Permit application. The application shall be reviewed for
consistency with this Regulating Plan, the Concept Book, the Development Agreement, Miami 21 and the
Miami Comprehensive Neighborhood Plan, as applicable. The review shall consider the intent of the SAP,
4
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 7. PROCEDURES AND
NONCONFORMITIES
the guiding principles of this Regulating Plan, the Concept Book and the Miami 21 Code, and the manner
in which the proposed Use will operate given its specific location and proximity to less intense Uses.
d. Appeal of SAP Permit to the Planning, Zoning, and Appeals Board.
Appeal of the determination of the Planning Director with respect to an SAP Permit shall be de novo
and taken to the Planning, Zoning and Appeals Board and must state with specificity the reasons for the
basis of the appeal together with payment of any required fee. An appeal shall be filed with the Hearing
Boards Office within fifteen (15) calendar days of the posing of the decision by the Planning Director on
the City's website. The Board shall determine whether the Planning Director's determination is upheld or
rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City
Commission, de novo and must be filed with the Hearing Boards Office within fifteen (15) calendar days of
the Board's issuance of its ruling, and must state the specific reasons for such appeal, together with
payment of any required fee.
e. Modifications to previously approved SAP Permit
An applicant may modify an 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 this 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 SAP AREA DEVELOPMENT CAPACITY
Properties located within the SAP Area boundaries may be subject to Declaration of Restrictive
Covenant(s) in Lieu of Unity of Title in a form approved by the City and the City Attorney, which document permits
and facilitates the flexible allocation of Development Capacity and Height for Lots, sites and parcels located
throughout the 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 the underlying Transect Zone. As such, any Covenant in Lieu will be consistent
with: (i) the land development regulations for the SAP Area contained in Miami 21, this Regulating Plan, the Concept
Book and the Development Agreement; and (ii) the goals, policies, and objectives of the Miami Comprehensive
Neighborhood Plan.
5
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 9. LANDSCAPE REQUIREMENTS
* * * * * * * * * *
9.5.6 Shrubs
a. All shrubs shall be a minimum of eighteen (18) inches in height when measured
immediately after planting. Shrubs shall be provided at ratio of ten (10) per required tree.
Ground cover plants may be provided in lieu of shrubs at a ratio of two (2) ground cover
plants to one (1) shrub. No less than Thirty (30) percent of the shrubs shall be native
species and no less than fifty (50) percent shall be low maintenance and drought tolerant.
Eighty (80) percent of the shrubs shall be listed in the Miami -Dade Landscape Manual, the
Miami -Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance
Landscape Plants for South Florida list.
* * * * * * * * * *
1
MIAMI 21 — JANUARY 2018
DRAFT — 2/22/19
MAGIC CITY INNOVATION DISTRICT SAP
REGULATING PLAN
ARTICLE 10. SIGN REGULATIONS
10.1 GENERAL
Until such time a formal signaqe package for the SAP is approved by SAP Permit as set forth below,
signage consistent with this Regulating Plan and the Concept Book shall be permitted within the SAP Area
so long as the dimensions of such signage is consistent with Article 10, Table 15 of Miami 21.
One (1) or more formal signage packages for the SAP consistent with this Regulating Plan and the Concept
Book may be submitted to the City at any time subsequent to the City Commission's approval of the SAP
(including this Regulating Plan). Any such formal signage package for the SAP shall be approved by SAP
Permit pursuant to the administrative process set forth at Section 7.1.2.10 of this Regulating Plan.
**********
1
EXHIBIT C
Development Agreement Ordinance Materials
See attached.
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MIAMI 21 CODE"); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Magic City Special Area Plan ("Magic City SAP") consists of
17.75 ± acres of selected 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 ("Properties"),
which meets the minimum qualification as a Special Area Plan pursuant to Article 3,
Section 3.9 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
as amended ("Miami 21 Code"); and
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development
within a Special Area Plan shall be pursuant to a recorded development agreement; and
WHEREAS, the aforementioned location for the proposed Magic City SAP
currently contains underutilized buildings and vacant lots; and
WHEREAS, the entire development will consist of a maximum . . •proximately
8,164,140 square feet of development with A) approximately esidential units, B)
approximately 370,000 square feet of the total development reserved strictly for parking
spaces, and C) approximately 165,528 square feet of open space; and
WHEREAS, the Magic City SAP will facilitate the redevelopment and benefit to
the area by creating residential units, flex space, commercial uses, and civic and open
space for the enjoyment of the general public; and
WHEREAS, the Magic City SAP will integrate public improvements and
infrastructure while providing greater flexibility resulting in a higher quality or specialized
building and streetscape design; and
WHEREAS, projects such as this are critically 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 Planning, Zoning and Appeals Board ("PZAB") 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
City of Miami File ID: 4716 (Revision: A) Printed On: 2/19/2019
EXHIBIT D
SAP Ordinance Materials
See attached.
City Commission
Meeting Agenda February 28, 2019
PZ.7
4668
Department of
Planning
ORDINANCE First Reading
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
PQF3CELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75
ACRES 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 NORTHEAST61
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
PIJLISE JECT WHICH INCLUDES A MAXIMUM OF
APPROXIMATEL , 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; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS
OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 228, 240, 352, 372, 382, 301, 320, 270, 250,
262, 365, 298, 300, 310, 340, 371, 353, and 288 NE 61 Street; 200, 300,
401, and 415 NE 62 Street; 334, 350, and 370 NE 60 Street; 6300, 6380,
6301, 6350, 5972, 5974, and 5952 NE 4 Avenue; 6200 and 6210 NE 4
Court; 270 and 296 NE 60 Street; and, 6001 and 6041 NE 2 Avenue
[Commissioner Keon Hardemon - District 5]
APPLICANT(S): Neisen Kasdin, Esquire, on behalf of MCD Miami, LLC
PURPOSE: This will allow the subject site to be Master Planned to allow
a greater integration of public improvements and infrastructure and
greater flexibility as part of the "Magic City Special Area Plan (SAP)." This
will be accomplished through a rezoning of a portion of the SAP area from
T5-O and D1 to MCID-1 and MCID-2, the inclusion of new Uses, and the
adoption of new regulations.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval
with conditions on July 18, 2018, by a vote of 7 - 2.
Note for the Record: Companion File ID 4667, 4716
City of Miami Page 26 Printed on 2/19/2019
City Commission
Meeting Agenda February 28, 2019
History:
09/27/18 City Commission DEFERRED Next: 11/15/18
RESULT: DEFERRED [UNANIMOUS] Next: 11/15/2018 2:00 PM
MOVER: Wifredo (Willy) Gort, Commissioner, District One
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Keon Hardemon, Wifredo (Willy) Gort, Manolo Reyes
ABSENT: Ken Russell, Joe Carollo
11/15/18 City Commission DEFERRED Next: 02/28/19
RESULT: DEFERRED [UNANIMOUS] Next: 2/28/2019 9:00 AM
MOVER: Ken Russell, Commissioner, District Two
SECONDER: Keon Hardemon, Commissioner, District Five
AYES: Keon Hardemon, Ken Russell, Wifredo (Willy) Gort,
Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 27 Printed on 2/19/2019
CITY COMMISSION FACT SHEET
File ID: (ID # 4668)
Title: 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
AGRES-11WrimMP 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
P SFn OJECT WHICH INCLUDES A MAXIMUM OF
APPROXIMATEL �� RESIDENTIAL DWELLING UNITS AND
:2 30 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; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS
OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 228, 240, 352, 372, 382, 301, 320, 270, 250, 262, 365, 298, 300,
310, 340, 371, 353, and 288 NE 61 Street; 200, 300, 401, and 415 NE 62 Street; 334, 350, and
370 NE 60 Street; 6300, 6380, 6301, 6350, 5972, 5974, and 5952 NE 4 Avenue; 6200 and 6210
NE 4 Court; 270 and 296 NE 60 Street; and, 6001 and 6041 NE 2 Avenue [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Neisen Kasdin, Esquire, on behalf of MCD Miami, LLC
PURPOSE: This will allow the subject site to be Master Planned to allow a greater integration of
public improvements and infrastructure and greater flexibility as part of the "Magic City Special
Area Plan (SAP)." This will be accomplished through a rezoning of a portion of the SAP area
from T5-O and D1 to MCID-1 and MCID-2, the inclusion of new Uses, and the adoption of new
regulations.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on July
18, 2018, by a vote of 7 - 2.
City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
Oi
g.
- .. \1
0 H
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 4668
Final Action Date:
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"),
CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY
17.75 ACRES 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
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; 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-O,"
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-11"
Inistetie ; an
ioi� ie , and "MCID-2," Magic City Innovation District d ►
ll C ur6M Cac zin
WHEREAS, tl western portion of 6001 Northeast 2 Avenue and the entirety of 604
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
City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
development
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 OicP and • • - Buildin ; and
Wi11t 6 g p.oy
WHEREAS, the Maic City propos s approximately , ' square feet o
2,630 residential dwelling units - 08,F^0 c f ` of
,f3; 8 ogu3ro #ect of civic apeee, and
uare feet
needed; an (h IId �a Mini'► i101
Drop!t1
WHEREAS, the Magic City SAP will facilitate the development of a mixed -use innovation
district comprised of the aforementioned uses; and
for
s•ar.••-
j Grit 4'0 e&j 4071
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, which have been reviewed by the City's Planning Department; and
WHEREAS, the Planning Department has recommended approval, with conditions, of
the Magic City SAP including the Regulatin Plan an , attar ed and incorporated
herein as a ; and 64111111 ��'410 1,d 6 7 /
WHEREAS, the Planning Department recommends the folio
agic City SAP:
) The development shall be substantially in accordanc with s tit d Magic
SAP as prepared by Arquitectonica and Kimley Hor consisting of si -three (63)
date stamped received by Hrdso �lui 21, 201: as most recently
on
2) The App i , ' omply with the requirements of all applicable
departments/agencies as part of the City's building permit submittal process.
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cess the\Vlag\City S\ NI\NO e Spy �4 k
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File ID: 4668 (Revision: A) Printed On: 2/19/2019
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.
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 indicating the Applicant's coordination with members of the
Fire Plan Review Section at the Department of Fire -Rescue 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.
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. The Applicant,
owner, or successor shall follow the provisions of the 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: 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;
City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
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) and shall be enforced during 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
requested change or modification.
15) Prior to the issuance of any building 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. Provide a 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, specifically:
• City's Department of Resilience and Public Works;
• Miami -Dade County ("County") Transportation and Public Works
Department;
• County Water and Sewer;
• 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 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 the Miami 21 Code, specifically Article 9, 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
City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
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.
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.
City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
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 th
City Commission; 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 shall be initially 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
WHEREAS, the City Commission has considered the relationship of the proposed
amendment to the goals, objectives, and policies of the Comprehensive Plan, with appropriate
consideration as to whether the proposed change will further 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
proposed change, including changed or changing conditions that make the passage of the
proposed change necessary; and
WHEREAS, the proposed change 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 recommend approval, wit
conditions, of the proposed 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 incor•orated herein . ull set forth in this Section.
Section 2. The Zoning Atlas • Ordinance No. 1114, as amended,(ie f: rthoi amcndodQ_
y changing the zoning classification from "T5-O," Urban Center Transect Zone — Open, and
`01," Work Place, to "MCID-1" rinn ac, and "MCID-2," Magic City
Innovation District-2. _ - ' • • - • •• - _ _ - - - _ - - •
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-U.-tinn Garee 20 t
Section 3. The Magic City SAP, including t e = - • u - • = an, : " e
incorporated as Exhibit "B", and the Concept Book, attached and incorporated as Exhibit "C'
City of Miami
Pile ID: 4668 (Revision: A) Printed On: 2/19/2
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 SA', which
submitted to the Hearing Boards Section of the Planning Department on :, 2018 and
updated - _ _ - _, shall be relied upo ;enerally f•r administrati e intev,etatinnc
eh* pe l Pt owl NI 4- 5, 2'/8 dusi
S- .. i ne conaiuo - . - se..y e ' anning Department and s . -. �CpG
herein in this Ordinance are incorporated and adopted as conditions of the City Commission. j�t(,(. t0
Section 7. The condition proffered by the Applicant limiting the Magic City SAP to t
(2) Retail Specialty Centers, which would limit the number of By Right alcohol licenses to to
(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.1
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
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41A
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APPROVED AS TO FORM AND CORRECTNESS:
ndeez, City ttor ey 9/17/2018
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City of Miami File ID: 4668 (Revision: A) Printed On: 2/19/2019
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Francisco Garcia DATE: 10/26/2018
FILE:
SUBJECT Magic City SAP Response to
Conditions
REFERENCES:
FROM: Joseph Eisenberg ENCLOSURES:
Good afternoon Mr. Garcia,
Below you will find Planning Staff's most recent assessment of the Magic City
SAP's attempt to satisfy our conditions of approval.
Condition 1: Planning Staff's condition should be updated to reflect plan updates on July
5, 2018 and August 8, 2018. Both updates are in response to our other conditions of
approval.
Condition 2: Sufficiently addressed.
Condition 3: Planning's preference remains for full public accessibility to the SAP's open
spaces, 24 hours a day, 7 days a week. However, we understand the applicant's desire
to restrict access during night time and early morning hours. Planning staff is comfortable
with the most recent proposal, which is to have the option to restrict public access to the
SAP's open space from midnight to 6:00 am.
Condition 4: Sufficiently addressed.
Condition 5: Planning staff has a strong preference that 7% of the SAP's units are
reserved for affordable housing and 14% of the SAPs units are reserved for workforce
housing. The current proposal is to reserve 7% of the SAP's residential space for
affordable housing and 14% of the SAPs residential space for workforce housing.
Planning's preference is for the former, not the latter, as there is a demonstrative citywide
need for income restricted units. This problem is better addressed by providing a higher
number of smaller units, rather than a smaller number of larger units.
Planning staff also has a preference that the workforce housing be reserved for families
making at or below 120% AMI, which it the threshold at which Miami 21 begins to count
workforce housing as a public benefit.
Conditions 6-26: Sufficiently addressed.
Condition 27: Planning staff's preference is for the applicant to begin the tentative plat
approval process. This must commence prior to any development activity, therefore
Planning prefers that it happen sooner rather than later.
Condition 28-33: Sufficiently addressed.
Condition 34: The applicant is currently engaged with the Office of Resilience. This
process will be completed shortly, in time for City Commission second reading.
Condition 35: Sufficiently addressed.