The URL can be used to link to this page

Home My WebLink AboutSubmittal-Neisen Kasdin-Magic City SAP Updated Development Agreement and Corrections in Draft Ordinancesakerman 'Via Hand Delivery Mr. Todd B. Hannon, City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 RE: Submitted into the public record f r ite (s) L., ri can ( 19 sty Clerk February 28, 2019 Nelsen 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 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 Iand 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.' I. 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 13 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. I I. 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 siinilar 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. lbbl �Y11\ \\, - 1\l e str, \K a l\ t i, -- M 1 } L 1 5(41 ll i�4\ oNA 4] 'Y'1[ 1 iYY'ItA(1,0,A co «-1 \i‘L)fi T Magic City Innovation District SAP - Updated Development Agreement and Regulating Plan; Remaining Scrivener's Errors in Draft Ordinances Febniary 28, 2019 Page 2 111. SAP Ordinance Materials - File No. 4668 Submitted into the public record for it m(s) Uri on I, /t 119 City Cleric • As shown on the hand mark-up at Exhibit D hereto: • 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". c� 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). a 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". c� 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) WI-IEREAS 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 D1 to MCID-1 or MCID-2, as applicable, by being re -written as follows: • "The Zoning Atlas of Ordinance No. 131 l4, 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 "Dl," 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 Submitted into the public record f r ite (s) on 7„/ tc6 /1 + City Clerk Book and the final Magic City SAP application materials submitted to Hearing Boards."" 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, 20I8 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 Submitted into the public record f r ite (s) an Ci y Clerk Updated Development Agreement See attached. Submitted into the pub is record f r hen (s) Clerk on 1 City 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 (1) 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 cotnpany, 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, Submitted into the p blic record f r ten (s) 7.„ � Y, on ti (( . City Clerk 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 neap, 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 2 i) 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 DI (Work Place) or T5-O (Urban Center), according to the Zoning Atlas of the Miami 21 Zoning Code ("Miami 21"); and Submitted into the public t, t record f r ite (s) onI City Clerk 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 T5-0 and DI, 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 roust 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 planting 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 Submitted into the public record fpr ite s) Q7.. Oil 7_f t, / 19 . City Clerk 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 tern has the ineaning 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 terns "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 (0 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 We 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. 4 Submitted into the public record for itep-i (s) nn Z' I l Ci Clerk MAGIC CITY INNOVATION DISTRICT SAI' 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 incoming 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(t) 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 per7nit 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 5 Submitted into the public record or ite 1 s) ❑n I�.`l� . City Clerk 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 Chaster and City Code which regulate development, as amended through and in effect on the Effective Date, which together comprise the effective ]and 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 goveriunent 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 Miaini 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" leas 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 6 Submitted into the public record f r ite (s) _ c3? t� nn 7.i / ( . City Clerk 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 andior 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 he 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 DI Transect Zone designations located south of NE GOth Street. 7 Submitted into the public record to item s) 10). r on 1 City lerk 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) ofthis 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 2], 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 Submitted into the public record for itc (s) , on ?, / ° . dity Clerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2127/19 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, Iegal 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. 9 Submitted into the public �� , rccnr7Jf f , on 19 . City Cleric 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:: 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. 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. If! Submitted into the public record or ite n(s) 4Z+ ( t1 cis on City Clerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 (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 ] 63.3233(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 Nan, this Agreement and the SAP. 1I. 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 11 Submitted into the pu lic regard f r iten)(s) v � - 'c6 on ti , / t( • City Clerk 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 perrnitting 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 wan -ant 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-I4(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: 1? Submitted into the public record f r itei�] (s) on ? /� 1 l Ci Clerk 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. 13 Submitted into the public record f r itcz (s) Q ,. �, i 1 t� �(} on 7-1 71111 City Clerk 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 both and NE 62nd Streets; and (ii) the short NE 6lst 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. 14 Submitted into the public recut d #�i' L(s L'L i_ �� City Clerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 con-esponding 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. 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 12:00ain (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 15 Submitted into the public record for ite (s) MAGIC CITY INNOVATION DISTRICT SAP on�` [. ' ' CiJerk 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. ] . 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. 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 pen -nit (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 16 Submitted into the public ct n record� ti city t� ` t tty Clerk 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 Terni (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). 17 Submitted into the pitlic record f r itet (s) L. 1� on zil .6 / l t{ _. City Clerk (c) 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 Cornmunity 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 p urposes: 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 Coinmunity 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 (S500,000.00) 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. 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 shali 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 18 Submitted into the public record fpr itep1(s) on LI 1I C. Clerk 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 71 st 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 jMC1D) 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: 19 Submitted into the public record f r iten s) on Li 2, Ci lerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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. 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)(I) 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 Project. 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. 20 rrhmitted into the public ord f9r ite k. City clerk 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 (IQ%) 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 I6(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 21 Submitted into the pubic record�� t(s) i� l on 1 1 Ci lerk (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 61 st St. and NE 62nd St.), in substantial accordance with the SAP thoroughfare sections shown in the Concept Book and Miami 2I, 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) 77 Submitted into the public record on i / . Ci lerk (b) (c) MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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. 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. - 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. Vaiet 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. 23 Submitted into the pi blic record f r ite (s)i„ (- on 7,1 VA l 1' City Clerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 (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. (h) 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, 24 Submitted into the p *lie record for items Z• 6 on Lit / 1 City C erk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT— DRAFT 2/27/19 two (2) retail specialty centers are hereby designated for properties located within the SAP Area as follows: 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 (l) 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 AIcohol 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 25 Submitted intooj s) i the public on recordr / 1 �City Clerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 1 1:00 a.m. — 5:00 a.m.; provided, however, an extension of operations to 5:00ani for additional Alcohol ServiceEstablishments 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 appl icable. 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: 26 Submitted into the public on record2,/ .ie��) �{ City 1 Clerk (c) MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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. 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. 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 andlor 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 temporatyfspecial 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 27 Submitted into the public record f r iteiz(s)�I,. l� l _ on L,I / . q . City Clerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 28 Submitted into the public record for ite (s) on LI 7,1 /Ioj, Ci lerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 fixture, on Development activities under the City Code or Miami 21, including under Chapter 62 of the City Code and Article 11 of Miami 2I, as the same may be amended from time to time. 29. Compliance with Fire/Life Safety Laws. The Developer shall at all tunes 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 docutnents 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 niay 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; (h) Subdivision plat and/or waiver of plat approvals; 29 Submitted into the record I t' 157 on 'f7� J �(J,, (c) (d) (e) public . City Clerk Public works approvals; MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 Street vacations and closures; 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; Water and sanitary sewage agreement(s); Paving and drainage plans and permits; Tree removal permits; Demolition permits; Environmental Resource Permits; County transit approvals; County right-of-way approvals; Historic preservation approvals; (n) Federal Aviation Administration (FAA) and Miami -Dade Aviation Department (MDAD) determination(s) and approval(s); (s) (t) (u) Any other official action of the City or other government agency having the effect of permitting or authorizing Development within the SAP Area, Right-of-way permits or licenses; Miami Parking Authority (MPA) approvals; Temporary use permits and temporary/special event permits; Building permits; Certificates of use and/or occupancy; Stormwater permits; and 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 terns of this Agreement. 30 Submitted into the p record for ite (s) can i� blic lerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 163.3 i 80, 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 pennitting 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. 31 Submitted into the public record -or ite (s) on ? l CI y (a) lerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 tenninate 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 3"2 Submitted into the public , record fpr ite i s) on Ci lcrk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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, 10th 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 331.30 To the Developer: Mr. Neil Fairman Mr. Anthony Burns Mr. George Helimstetter cio Plaza Equity Partners, LLC SunTrust International Center One SE 3rd Avenue, Suite 2110 Miami, FL 33131 With copies to: 33 Submitted into the public record for on Ci lerk Nelsen O. Kasdin, Esq. c/o Akennan LLP 98 SE 7th Street, Suite 1100 Miami, Florida 33131 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 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 Submitted into the public record or it m{s) 1 on LIU) City 'lerk MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 2/27/19 40. Exclusive Venue; Choke 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 retedies 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 attomey'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 Patty 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 tertn 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 Submitted into the public record for ite (s) , on tnAifict City Clerk 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 co.ndition(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 corrvnences 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 shalt 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 Patty 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 Submitted into the public record for ite (s) r7., 1 on L 1 L iI S Ci lerk 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 (he 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 tern 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 terns 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 Submitted into the public on record i.l Zo/ 1 s) C i erk 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 (I) 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 2] 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 Submitted into the public record �1 �� 1�(t�) �� • �(y clerk 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 natters 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 Submitted into the public record f r ite (s) 9L. 6 ri on ?..` q City 61erk 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 Submitted into the p blic record far ite nn (s)Y on /f f I Ci lcrk CITY OF MIAMI, FLORIDA By: Emilio T. Gonzalez, City Manager ATTEST: B y: Todd B. Harmon, City CIerk 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] Submitted into the public record for ite (s) on 717.°� � . City Clerk Witnesses: Print Name; Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) )SS 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] Submitted into the public record f r ite (s) PZ' ` on 7,�2� J}'o Cit Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) )SS ) 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] Submitted into the public record or ites}Z,, `1 on C�ityClerk WItnesses: Print Nagle: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE } )SS } MAGIC CITY PROPERTIES Ill, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknowledged before me this day of 20I8, 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 Comtnission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan Submitted into the public record for it m(s) r+ `91 on 1./'�?y �� C'ity'Clerk Witnesses: Print Name: Print Narne: 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] Submitted into the public, on record 2,111114ts) d ityf Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )SS } MAGIC CITY PROPERTIES 1V, 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 Planl Submitted into the public, recor s) on 7 /]$ / 1q1 C1 ty y Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE } )SS MAGIC CITV 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] Submitted into the public on record ZJ "or it/ d. yrClerk 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] Submitted into the public recon on`� for � t1 �s) . City Ierk Witnesses: Print Name: Print Name: MAGIC CITY PROPERTIES VII, LLC, a Delaware limited liability company By: Name: Title: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) 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 Identi tication 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] Submitted into the public record f r itei (s) �, t !s 1 ri on Z t 1 I q City clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )5S ) MAGIC CITY PROPERTIES VIII, LLC, a Delaware limited liability company B y: Name: Title: The foregoing instrutnent 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 fbr the Magic City Innovation District Special Area Plan] Submitted into the p tblic record r ite i(s) onI_�, Ci y lark 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 the 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 hmovation District Special Area Plan] Submitted into the v p tblie record f. r ite�]i(s) Z, on 7.,r, / l"L . City Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) )SS 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] Submitted into the public record for ite l(s) ��, on tiLi / . CityClerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE } )SS 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] Subrnitied into the public record or it m(s)1 cb on �. I Ci lerk Witnesses: Print Nance: Print Name: STATE OF FLORIDA COUNTY OF M IAM I-DADE ) )SS ) 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 Narne: Notary Public, State of Florida Commission No.: NIA My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Submitted into the public record car ite {s) c)L. i on z,�� . City Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )SS } 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] Submitted into the public record f r ite (s) �, `- on L 1 o City +Clerk 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] Submitted into the public record f .rite (s) 9 on C ty Jerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )SS ) 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] Submitted into the public �y record f r item(s) (s) �,� �? nn t) / I I C'ty Oak Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE } )SS } 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] Submitted 11;into the public on record l.r�.l� �9 � Z 9 Jerk MAGIC CITY PROPERTIES XIX, LLC, a Delaware limited liability company By: Name: Title: Witnesses: Print Name: Print Naive: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE 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] Submitted into the public on record 2. t i1 9 r ltyberk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI--DADE )SS } 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 Identifcation 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] Submitted into the public re©ncorr2,/ 1� s) C Ierk MAGIC CITY PROPERTIES XXI, LLC, a Delaware limited liability company By: Name: Title:: Witnesses: Print Name: Print Nance: STATE OF FLORIDA } )SS COUNTY OF MIAMI-DADE ) 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] Submitted into the public r on record �f1 (s) 73/ I . City{ Clerk Witnesses: Print Name:. Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )SS ) 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 Plank Submitted into the public s record f r ite t[s) an f City C erk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )SS ) 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 Nanie: 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] Submitted into the piblic on record�G1 ee/ 19 , Ciiy tl r k 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] Submitted into the public record for it j s) ( 1 on Z "L$ Ict City Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE 7 )SS 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] Submitted into the public record for ite s) on LitA Oty1Clerk Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE )SS 7 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] Submitted into the public record t` r itepi sg ?L, L on Zo)tiJ 14 City Clerk 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 2O18, 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] Submitted into the p blic on record Z tlor i t/ IS) ity Clerk Witnesses: Print Name: Print Name: STATE OF COUNTY OF )SS } IMPERIAL CAPITAL GROUP, LLC, a Florida limited liability company By: Naive: 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] Submitted into the public record or ite s} P on City Clerk 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 Submitted into the public record f r item ) ��, , on Zit, /I City Clerk Aerial Map Magic City Innovation District SAP City of Miami, FL 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 Leal Description: Submitted into the public record oonZ./t Z1 1 E,:ity� Clerk Begin at a port 25 teeI East and 204 1Eet 6 inches Souln of Natnwes1 corner 01 SW 1 r 4 of Sector' 18, Tawristup 53 5a:.4tt, Range 42 East Pont o1 &clon ng, tee rg Soulhorest corner of uencton of Lemon Avenue ono Coda' took road. non Sastta tp0 feet thence Nortneaslehy paraeei Y+Ath Lemon Avenue 170 feet, thence Norm 100 feet 17 Soe:7ry kse Lemon Avenue, thence Southwesterly along South Site Lemon Avery.* 1 70 feet to Poent ol Begnrrng., Marne -Dame Canty, Florida. Leas Me North 2.5 feet conveyed t4 the Cosy of rm Try Warranty Deed recorded el Deed Book 3657. Page 334 arts re -recorded r+ Olfeci Records Book 4630, Page 490. Address: 228 NE 61st Street Folio: 01-3218-015-0150 Legal Description: Begfrining al a point 25 feet Easl 01 and 204 feet anti 6 inches South at 7te Normwest corner of one Sc„ frvreest Once -Quarter at Seesoon 18, Tovinsretf 53 South, Range 42 East I44 rn--fl ore County. Ftonoa, firs Point Derreg the Southeast caner of Me intersecson of tree Nortr±edst fast Streel;Lernon Avenue) anti Norreast Second Avenue {County Rook Road), fsereoe run el a Narttneaslnny *radon a►ang 7>e Sours %nee of sand Northeast 61 s Street [Lemon Avenue) 170 leer to the Pam al Begre- g. tr nce rues Soutr. 100 feet tneneve run in a Nortneasterty Breton parat<et wrih sago Ncrtseast 61s1 Street 60 feet, thence run Nocah 100 Seel b said Northeast €1st Street; thence ram in a Sauttewesterty rrectoon aoreg sa# Northeast 6 1st Street 60 fuel to tree Parti1 al Beg.nrua.g Less Me N7Rri 2.5 feet conveyed b trreCery ol hem by 1h'wranty Deed recorded rta Deed Book 3684, Page 293and re-recorced siO1Ic4aa F ccrds Book 4630. Page 474. 43658518;2 Address: 240 NE 61st Street Folio: 01-3218-015-0160 Legal Description: Submitted into the public record or items} L , on City 1erk PtERCE'S DIV:SIC'N OF LEMON CITY, Section 18, rowmsrrp 53 South, Range 42 EaSt, as recorded n the Pubic Records 0f Faltan-Dace Cooly. Ftonda..0 Plat Boole 9, Page 43, and Revised Ra1 thereof, as recorded in Plat Bock 2, Page 41. 13egenr.ng 230 feet Northeast of Ssrtreasl comer of lemon Avenue and County Road, trenoe Nortressferry 98 feet Sown 100 feet, SoulPe esterN WI feel. Tertce North 100 feel 10 Pont of Beg.nn.ng. Less The No 2.5 lee: coin eyed b the Coy of Mean by VOarrann Deed recorded a Deed Both 3657. Page 364 am re -recorded in Oftaccst Records Boar 4612, Page 508 Address: 6001 NE 2nd Avenue Folio: 01-3218-015-0210 Legal Description: Beginrung at a oo.rsi 25 feet Eaa and 304 leet o mores South of N0Rn•,oest corner at the Sovrwest f}rarter of Szd,on l8, Tarnshoo 53 Sour, Range 42 East trtc hoe run n a Northeasterly drecton faaracert wan Lefton Avenue a3 now traveled, 1266 !eel 6 notes more or ►ess to Railroad AverKe a Pe-rce's Drrson of Leman Coy, thence South Song said Racroad Avenue 210 feet to a street 50 feet woe. thence ,n a Sourwe51e11y 0tediron along the No-r Inc of sad steel Para a wan Sad Lemon Avenue 1266 feet 6 wcfles more or less 10 the County Rook Road al a pant op0o t fnence Nunhatorg sad County Road 210 *et t0 placeot he9Nv s . Address: 352 NE 61st Street Folio: 01-32 I 8-022-0060 Legal Description: Parcer "D" Commence at a pont on fire Westerly tot of me Northwest 1! 4 of Sou11w4egt 1! 4 of Sect.7n 18, Township 53 South, Ran 42 East. 205,46 feet Sown 01 The Nor -meal comer of sad Northwest V 4 of Ile Souinvere t t! 4 01 Season 18, tnence 1487.5300'E, arng a r'e being paraaee war. and 2.5 feet Notheny of try Scrrtrerry Rgnt 01 Way woe o1 Noineast 61 si Street as a appears on Cr!). al Maim Asa. Sheet N0. 14-J, dated Jarrrary 1963 and 4s Wesieny 1 oecleon, 1018,5 feet to 1ne Poet of Begin/tong of the r ereafter 0escr4t d parceie, thence S02'07'00"E. 1©0.00 le t, thence N87.53'00''E. 50.00 'feet thence NO2`0r0X W, 10V,00 feet: Hence 587"531,10'W, atong saga woe pararei wit and 2.5 feet Northerly 01 sad Srh,therty R.ght of Way here o1 Nartfseasf 61 s1 Street, 50.00 !eel* the Port1 of Beggrrvvrg. Leis me North 1,97'feet conveyed to theCrty dt Miarn4 by Warrat ry Deed recorded n Ned Bock 3657, Page 280an,d re -recorded n011raar Records Book 4695, Page 292. And Farce "at": Commerce al a paelt on re Westerly we ref 11E Northwest 1! 4 01 1tVe Southwest 1! 4 of Section 18, Towhshp 53 South. Range 42 East, 205.48 leet South 0f the Northwest corner of 3a4 Ncsinwesi 1r A oI t1E Soutrt esl 1! 4 of 5ert.on 18, thence N87'5300-E, along a ire to r%) parakee wan and 2.5 feel Noviheoy of the So.ltlerny Rgnl 0f Way ere of Northeast 61st Street as A appears on Cety of systems Alas Street No. 14-J, Dated January 1963 and .1s Westerly propi cti0n, 10685 feet to the Pant 01 Begrsrxng of the hereafter deacroea paarcea, thence 502'07'01Y E. 100.0E feet. hence N87'S300" E. 50.00 feet; Vence NO2'07'00"W. 100.00 feet. iteetce S87.53'00"W, arceng said' re aaraaec weft and 2.5 feet Northerly of s3sd Soulnerty ingot o1 Way ere of Norlfaeasl 61st Street. 50,00 feet 10 the Poirot 41 EfeK3nrnrtg, Less the Nor'ln 2.5 fees conveyed b Use Cr?v 01 dram, by Warfanty Deep recorded .s+ DE•Ell Book 365/. Pa9e284 and re-record€c ,n &rkc:a Redoros Book 4630. Page 452. 4 3058518:2 Submitted into the public record f r ite xt(s) Address: 372 NE 61st Street Folio: 01-3218-022-0080 Legal Description: Ci Clerk Parcel "1". That aan of the NW 1r 4 01 the SW 1! 4 of Sector' 18, Tovxnsho 53 South. Range 42 East. csescroed as loaves : Begrwbg at a point 204.5 feel South of the Wafter Section corner of West ane of Section 18. Ton 53 Saufh. Range 42 East thence ran Northeasterly along the Scrim sae of Lemon Avenue or 61 st Street, 1118.5 feet to a Num o1 Begnn g, thence run South 100 feet. thence tart East 81.5 feel" thence rwh Norm 100 feel more or less to Sown aide of Lemon Anemone, hence nos West 8' 5 feel more or less b a Pont of Begrusing. !pig and Deng n Irluarrraade County. Florida Paroa T. Mai part of ttie NW 1; 4 01 site SW 1r 4 of Section 18. Township 53 South, Range 42 East, deserted as titans to -wit Begxtrtrng al a coot 20521 feel Soulrtof the Quarter Section comer of West lane of sad Section 18, thence rut Noriheaslerty along the South lane o1 Northeast 61st. Street. 1200lees to Pant of &Nanning, ?lance South 5560 feet, thence East 2.5 feel: thence Northerly 55.60 feet more or less to a pont on the South tine of sad 61st Street .10 feet east of the point of Punt of Beginning, thence West along lbe South One of sand 61st Steel, .10 feet to po nt of beg nrvvg, ry,ng and being .n 1 ami-Dace County. f "coda Less the North 2.5 feet conveyed to the City of Miami oy Warranty Deed recorded n Deed Bcs]k 314 1, Page 520arld re-reccrdea si 01Scar Records Boot. 4630, Page 494 Address: 382 NE 61st Street Folio: 01-3218-015-0190 Legal Description: iiegnnng MIT* Southwest corner of re allersectiort of Railroad AvEt nee truce knaren as N.E. 4n Avenue) and Lemon Avenue (nee+ known, as N.E. 61st Street) run thence South 100 feet b a point, menoe run West 100 feet to a paint; tsen.'e run Norte 100 feet toa point ?hence rout Easleny along tree Sour me o1 Lennon Avenue 100 feel to the pent of ix -ginning: tying and wing on the Sou tnives1 Ouarler (SW 1; 4) of Section 18. Toenarvp 53 Sour. Range 42 East. Aso descried as. The East 100 feel of the North 1CO feel of Unnu iDered 9rocic between LEMON AVENUE and Brown Steel less re Noanh 25 feet tor Steel. PIERCES LEMON CITY SUBDIVISION, aaorAng to re plat thereofas recorded in Peal &ook'"B'. Page43, of re PP[ec Re-onres al 1,1tamf-Dane County, Honda Less 1Tte wIon 2.5leet conveyed to the City of Mrtarm by Warranty Deed recorded in Deed Boat 365T. Page 262and re -recorded n 0/14 l Records Boor 4695. Page 349 Address: 200 NE 62nd Street Folio: 01-3218-066-0010 Legal Description: f ract "A". of 62ND PLAZA. aceofcttng the map or fiat thereof, as recorded in Ptaf Book Page 45, of thre Pubrac Records of itaame-Darle County, Flo+laa. 43658518;2 Address: 6300 NE 4th Avenue Folio: 01-3218-020-0330 Legal Description: Submitted into the public record for itep?i(s) Q 6 1; cg on . City Clerk Sc..,tn 120 teex ol Traci "'R", of REID ACRES, recorexA in Ka 3 50. Page $4, o1 tit PubbC Reooras of fr'b ni-Dade County. Fl Nta_ Address: 401 NE 62nd Street Folio: 01-3218-014-0030 Legal Description: the Weal no 1ee1 of Tract 3, of JOYCE PROPERTIES SUBDIVISION, acoceirng re the Plat thereof. as reoorces's Pta1 float 51, Page 38, 0l the Public Records of MamrDaoe Cosuhty, Raise, Address: 300 NE 62nd Street Folio: 01-3218-015-0770 Legal Description: Tne Noon, 1;2 of Lots 8 aho 9, Block 111, PERCES ADDIT1ON TO LEMON CITY, FLORIDA, accorang tore map or pI,at inefeal, as recorded is Ptal Book 2. Page 21. of trie Putec I1eooros o1 Maim - Woe County. P4ricl3; sakd pray +1y also clescribec as tedy as that aortsrxh of Lots 8 and 9. 8 ock 18, PIERCE'S ADDITION TO LEMON CITY, FLORIDA, accorday to the ma; or peal thereof. as town:sec,n Plat Book 2. Page 21, of re Putoc Retinas o1 m--Dam County, Ftorw,a. ryux} Norlh tat roe bactAng 0eso'!6ed one. Commenting a1 the Northwest corner of L01 9, Stock 18, SECOND CORRECTED PLAT OF PIERCES SUBD PASO N OF LEMON CITY. au:oh:keg to isle snap or pact thereof, as recproeat rr P61 Bocu 2, Page 21, a1 the Puttnc Records of MamrDaoe County, Flrir4a, thecae go Southerly aorg the West rise of said Lot 9. a datstance of 113.90 feet to a poorat on ate West Male of sa+ct Lot 9. wi'sch glaz te the Saytrrrrtst comer at re Mann t!2 of sad Lots, rr same teeing ate Pont of 9egrvsng from the me hereinafter Pea:rnbed, theme from the Poses a1 8eg#4ning go Easton), arctic arse Soso ire of the North 1,t2 01 bard Lots 8 and 9, of sag! 83ock 18 o1 said sub4hYraan ato.e ctescrrrtetl, titre same 11-1e hems the North arse of South V2 01 sera Lois 8 and 9, lcrrmng an ancpe at 89'24'25" with 1ne Laat descroea one, for a &stance a1 14 1.91 feet to a porn on the East the at Lot 8, said part/ Deng 110.15 feet Bomb o! Ncere991 corner o1 Sato Lot 8, wrwch aria n oe t Saulheasf corner tat the North 1,'2 W sarC. L41 8, the saute terry the enct al idle i'lete ct oeschoeo. LESS that poAOn o1 Lots 8 a14 9, 81oas 18, SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY. according 10 tr!e map or peat memo?, as recorded in Peas Boas 2, Page 21, at tse Public Records of ht.a rlr-Dace County. Frbr{sa, :ring North ol a r le that is 25,00 feel Sour. of as measured at right angles, aria omelet watt the censer tine of NE 62 Street, as sans dental tine 6 sham, on re Plat a! Joyce Properees Suodm9r34, accarclag to the map or plat thereof, as recorded n Mat Soak 5t, Page 38. of he Puo+,c Recorcs al Marry -Dade County, Pharos Address: 301 NE 61st Street Folio: 01-3218-015-0771 Legal Description: The Sour 1)2 01 Los 8 aria 9. LESS the Sour 2.5 tit of Lots 8 aria 9. Bock 18, of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, aocordng to the Plat th2reol. as recorded..n Prat Boas 2. Page 21, 01 tee Pu6ac Reooras at Mamr-Dade County. Rotas' 436585 18;2 Submitted into the public record fpr itl rl�ts} Q�„ b on i��l� I61 C ty Clerk Address: 6200 NE 4th Court Folio: 01-3218-024-0200 Legal Description: Lot 20, Btocrt 1, of NORTH GATE, a=ir ng to the Put thereof, as regarded on Mal Book 8, Paeie 88of the Putiikc Records 01 Mean, -Dade County. Florida. AND Me Nor£r 2.8 feet of Lot 21, Boa, 1. of NORTH GATE, aodardeig t the Pat Inereo1, as recorded in Prat Botiv, S, Page 88 of tie P b< Records o1 Mrartn-Dance County. Ronda LESS AND EXCEPT THEREFROM. PARCEL f+1O. 46. That peruan of Leta 25 and 22, n 13 ock 1, of NORTH GATE. ac ordring la s+e prat **real, recorded en Pfal Book 8, Page 88, 01 the Pi. tic Records of Maury -Dace Cor.,,nry. Fv r,aa which ties •ninon a st p of Land 50.90 feel at %Win tying 2500 feel on ead't side of the Easterly exterts;cn of lire center one of N.E. 62 Sreet as sad center Vie is ..oven on £tie prat of JOYCE PROPERTIES SUBDIVISION, according to the pat thereof. recorded in Piet Bode 51. Page 38. of Pie Pu0 c Records of Miami -Dade Crr:d+tt.. F1Cr,rta WO Deng more panrctria ty elescrrxa as 1o+iaur . COMMENCE al the Northeast corner of said Los 21, thence run S4138'S8'V' aror , tyre East here of said Lai 21 for a Parlance of 1.96 feet to the pant 01 ntersecton w+T a rwle 25.C4 teet Norm of, as measured at r.gnt angles, and parade+ wan U+e sad Easterly extension 0 trier center tine of N E. 62 Street and 10 the Pont of Be among a1 Nye neren described Douce.. thence tontn+ne 10 run S0t38'5B"W Wong the East rile of Lot 21 and arang Tue. East Vie of said Lot 22 for a distance a1 50 01 feel la a point o1 te: section wnh a rrre 25 feet South of, as measures at mini angles,. and panner welt lute Sea Easterly exlensaon of the center kne of N_E. 62 Steel, ttertce run /488'59'46'W along She lane 25.00 feet South of auto wage' Lett+ true Easterly exterta+on of the sand centerline of N.E. 62 Street for a *mane of 111.11 feet td a pant 4f wirterseclicH wait the West cne at said Lai 22 said point of ntersecbon ryas.} 2.00 feet South of ire Northwest corner of said Lot 22, as measured along the West here of said Lot 22, thence run fNYJ'40 10" E along the West 'wine al said tot 22 arta along the West lute o1 sac Lot 21 for a distance et 50.01 feel to a Dorm of intersect/on vFtr+ a idle 25.00 tees Noir o1, as measured at right envies, err] parallel wilt true sad Easterly extensecn o1 the said °entr'rtete of N.E. 62 Street. sa.a pool of intersection lying 203 feel Sour of me Noratwest corner 01 sa.r1 Lot 21, as measured along tie West We of said Lot 21. thence run S881S9'46"E along ine S34 rite 25.00 teal Worn 0 and parallel wars the Easterly exlertston of Ile sad °enterrre of N.E. 62 Street tor a distance of 115,10 feet to a ports on the East ;.ne of sad Lot 21 and la the Port of Begrvrtg o1 the renal described pace! AND inat parson of Lots 20 and 21 to sad Stock 1 vouch Les warn the edema area farmed by a 25,00 to rad/us arc concave a to the t3ortrrrest tangent to tie East one of sad Lot 20 and tangent to scud 111e 25.00 feet North of and paraiSei Lett+ re Easier:), exterrs,ort of the sand centerline of N.E. 62 Street Eleing foe sands cee'r ees descanted as Parcel No 46 et Fear Judgment recorded J,..y 20, 1982 n Otf,oa+ Records & t 150r0, Page 1593. of ire Public records 01 Moab -Dade County, Ronda. Address: 6210 NE 4th Court Folio: 01-3218-024-0180 Legal Description: Lot 19 end the Soon 40.25 feet al Lot 18, Block 1, of NORTH GATE, acooraing to the flap Of plat tnereol, as recorded c Plat Book 8, Page 8.8, of re P al Records 01 Miarrl-'Dace CO„, Flarnda. 43658518:2 Address: 320 NE 61 st Street Folio: 01-3218-022-0030 Legal Description: Submitted into the public record f r ite s) I. 6 on _ 7,/L 8 / ! 1 ity Jerk Be}.^^.rwe3g at a pont 204.5 tee; South of the Ndnhwest corner o1 SW 114 of Section 18, %Net .* 53 Swot Range 42 East, as shown on SECONO CORRECTED PLAT OF PIERCE'S SUBDIVISION) LEMON CITY, as recorded n Plat Book 2, Page 21. of the Puoh►c Records o1 M am County, Ronda, run Norawes1Eity adrig the Saut>ern 0o noary of Lemon Atenue 819.06 tees t3 e e Pot of Becovwhg, Mence runs Saulh 100 feet. thence run East 100 feet, thence fun Nonni 100 feet thence run We 100 leer to mime Pant 0t Begr+rwxf • Tfuhg and ts•tng n Irfarn -Dane County, F kx>ca. A30hlrnobrnai The West 100.08 lee! al me East 482 0 feel of me North 100 feel 01 Bock 17. SECOND CORRECTED PLAT OF PIERCE'S SUBO[VISION LEMON CITY, as reo oeo rh Plat Book 2, Page 21, of the P.,cvc Records o! thamr-Dade County. Portia, LESS the Noun 2.S1e&. LESS that land conveyed for fight ol Way puraoses in that Wanamy Deed recoceed December 5, 1952 in Deed Boer 3684, Page 227, as re- ecoreeC .n 01Scia, R&ixes Book 4630, Page 496, Om of the Public Records 01 M iarn-{)adle County. l-4roda. as more partc da 1y de -so -bed as 1o&+drds. Trse North tvro and one-r r112 5) feel, more o' eess of Ire tolarrng described r aC. leg nnrhg al a Pont 204.5 feel South of the Northwest corner of SW 1r4 01 Section la • Township 53 South, Range 42 East, as srrown an Second Corrected Peat of Pierce's Suoorvssron Lepton City, as recomIed ei Plat Book 2, Page 21, of the Pusfr+c Reeoras of Writ -Dade County, Honda, nos Northeasterly aoong She Southern ecurbdary cN Lemon Avenue 1319.0E feet to trie Pavrt a1 Segovung, ttnende run South 100 feet thence run East 100 feel, thence n n Nofhh 100 *et, thence nxh Vilest 100 Teel to the Pont of Beginning, tying and c+erg hn Mhamm0taoe County. Fran a. Address: 270 NE 61st Street Folio: 01-3218-015-0200 Legal Description: Cornet i c g al a ocu4 on the South 5.0e at Lemon Avenue, 438 lee! E.aai 01 the SoutneaSl adrrief of the toersecton o1 me Co,.nty Rock Road one Lemon Avenue, thence run Eastery 100 feet, thence run Soutreen 100 feet, thence run Weavrry 100 feel. thence run Nonparty 100 lee: to the Pout of Beonh g, been in Pserce's S4eceicepco 01 Lemon City in Section 18, Tnrrnsra7 53 South, Range 42 East. axoroang to the Second Coerecled Peal 01 Pee SuL'Cn+son of Lennon C4y, ati recorded i Peat Hook 2, Page 21, of the Puornc Records of Mani. -Dare Co nty. Ronda. LESS AND EXCEPT the ands conveyed to The City of M. a rn,r:,cioar corocra1on i Wa ranly beau .,n a CIert F:e No. CC-1448.5. as recordee do Dee. Book 3471, Page 443, of the Pubec Records 01 Wink -Dade County, E honda Address: 334 & 350 NE 60th Street Folio: 01-3218-016-0140; 01-3218-016-0150 Legal Description: Lots 20, 21, nano 23. at 0 ISCAY N E PARK. according to the p►cal ttereot, reccwoea :2 Plait Boon 436583 t 82 of Ine PuCx c Re: cows ol Mi ni-balee Ccx %iy. Ffox a. Submittcd into the public record fpr iteln (s) Z - on Li (,c{ 1 1 City dlcrk Address: 296 NE 60th Street Folio: 01-3218-016-0100 Legal Description: Lot 15. of B I SCAY NE PARK, accorcmng to re atm liner€o1 as recordeo et Peat Boo 1, Page 198, of ine frtiVic Records at Niam!-Dade Ccurdy , F terda. Address: 270 NE 60th Street Folio: 01-3218-016-0070 Legal Description: Lo! 11, of B I SCAY NE PARK , accoircing map or prat Inured, as recoraeti in Plat Baox 1. Page 198. of in e PtMc Recams at Marro- Owe County, ty, F-kar>da. Address: 250 NE 61st Street Folio: 01-3218-015-0180 Legal Description: BEGINNING at a point 25 feet East and 204.5 feet South of Northwest corner of Southwest 1/4 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 nun 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 436583 18;2 Submitted into the public record or ite i(s) on City'Clerk Address: 6301 NE 4th Avenue Folio: 01-3218-020-0361 Legal Description: A portion of Traci 'I", of REED 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 Traci "T", thence North 00•01'34' West along the Easterly boundary of said Tract 'T a distance o7 266_67 feet (said course being coincident with the Westerly right of way line of the Florida East Coast Railway); thence North 07.56'27" West, a distance of 72,16 feel to a point of curvature; thence Norlhweslerly 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 feel (the last mentioned 2 courses being coincident with the Southwesterly boundary of thal certain railway easement recorded in Deed Book 3719, Page 148, of the Public Records of Miami -Dade County. Florida); thence South 89°58'28" West al 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 feel to the point of beginning. Address: 415 NE 62nd Street Folio: 01-3218-047-0010 Legal Description: PMo 1 "3", Tract "A", of RONI SUBDIVISION, according b she Pus riereo1, as reocvdee Ptat 9c 81, Page 23,al the Mimic R oe°d9 of Mean -Datse Co„nry, Fbr, , ea o7 tfie Stolen 18. iernnatep 53 South, Range 42 East ,DadeC&&.. nip, Fk'yca Address: 365 NE Glst Street Folio: 01-3218-015-0730 Legal Description: ace to ing kn Lai 4. Brock 18 of SECOND CORRECTED FLAT OF PIERCES SUFIOIVIS1ON OF LE0r10/4 CITY, accorcer.3 10 trig Plat thereof as 'ecced o in Pat Book 2, Pape 21. of tine PuDeo Recess of ki m.-[lade County. F rida. LESS tie Souin 2_5 feet a'sc LESS AND EXCEPT tt'ias poa'Ian of Lot 4, 'Nock t8 01 SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON C.i re. axarcking 1a Tie Put Stereo' as reae0ad ri P,at Boot 2. Page 21, of the Pueec Records of fvfiarrr.-Dace. County, Aarida, wncn ties Norm o1 a the that a 25,O0 feet Sou1n of. as rneaareo at Digit Drupes, and parallel wan 1ne center rase of N.E. 62 Street, as said center arse as Shown ors the plat of JOYCE PROPER r 1ES SIJt3 DlvlS1OrJ, axorc rig 10 tie plat thereof recce ed n Pia1 Book 51, Paige 38, of the Punkc Records o1 Miaim-Dane County. Fkorrda. pursuant to Order of Tax•rg recorded et O11.Ca► Records Booii 10738, Page 1721 icgetf►er wits Fair Jurogrient as to Parser Nail 42 arip 44 recorded rn Offsc,a Records Book 107/, Pace2093, of !se P Records of Mfarm-Dade f inty Honda 43658518^ Address: 262 NE 61st Street Folio: 01-3218-015-0170 Legal 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 comer 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. lying and being in Miami -Dade County, Florida: subiect to 2i4 feet deeded to the City of Miami from North side of property for street purposes. deed dated January 27. 1953, in Deed Book 3741, at page 443. of the Public Records of Miami -Dade County, Florida. Address: 6380 NE 4th Avenue Folio: 01-3218-020-0321 Legal 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 Miami -Dade County, Florida. Submitted into the public record f r ite s) ( on �. City Clerk Submitted into the ublic record for ite (s)L'� on Li / 1611 City Clerk Address; 298 NE 61st Street Folio: 01-3218-022-0100 Legal 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 Northeasterly to a POINT OF BEGINNING; thence run South 100 feet; thence East 105.5 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 Legal Description: BEGINNING at a point 204.05 feet South of the Northwest comer 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 Gist Street Folio: 01-3218-022-0020 Legal 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. 4365851 5:2 Submitted into the public record fpr ite (s) 1 an 7, l/cg / 11 . City Jerk Address: 340 NE 61st Street Folio: 01-3218-022-0040 Legal Description: DULLAMS UNRECORDED PLAT, SAME BEGINNING 204.5 FT. SOUTH AND 918.5 FT. EAST OF NW CORNER SW 1/4 SOUTH 100 FT EAST 100 FT. NORTH 100 FT. WEST 100 LOT 5 & 6 LESS 2,5 FT. FOR ST. (LEGAL DESCRIPTION AS PER OFFICIAL RECORDS BOOK 27029 PAGE 2669 MIAMI-DADE COUNTY, FL RECORDS) Address: 371 NE 61 st Street Folio: 01-3218-015-0720 Legal 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 PIERCE'S SUBDIVISION, 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: 6350 NE fitly Avenue Folio: 01-3218-020-0320 Legal Description: The North 134.21 feet of the South 254.21 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 Miarni-Dade County, Florida. 43658518:2 Submitted into the public record or iter (s) on j Ci lent Address: 353 NE 61st Street Folio: 01-3218-015-0740 Legal 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 BOOT{ 2, PAGE 21, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA_ Address: 288 CIE 61st Street Folio: 01-3218-022-0090 Legal Description; BEGINNING ATA 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 INTERSECTTHE WEST LINE OF THE SAID SECTION 18; THENCE RUN NORTHEASTERLYALONG 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 Legal Description: LOT24 OF BISCAYNE PARK ACCORDING TO THE PLAT THEREOF. AS RECORDED INPLATBOOK 1, AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 0 (15 85 18; 2 Address: 5972 & 5974 NE 4th Avenue Folio: 01-3 218- 0 8 9-0010; 01-3 218- 0 8 9-0020 Legal Description: UNIT 5972 AND UNIT 5974, OF 390 WAREHOUSE CONDOMINIUM, A CONDOMINIUM. ACCORDING TO THE DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 28550, PAGE 4835 AND ALL EXHIBITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. Address: 5952 NE 4th Avenue Folio: 01-3218-016-0200 Legal Description: LOTS 27, 28 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. 435385I8;2 Submitted into the public record for item(S) On i� aaL D f � . 'Ci lerk EXHIBIT B Approved Regulating Plan See attached. Submitted into the public record for ite i s) c6 on ib 1 Ci y Clerk Submitted into the p biic rr p c� record f9r item(s) {t on tI?i J 19 City Clerk Exhibit B — Final Approved Regulating Plan to be added following final City Commission approval. EXHIBIT C Approved Concept Book See attached. Submitted into the public record or it rn(s) 11d, on ZI jc CIty;Clerk Submitted into the public on record �,1jey�s) ri City Clerk Exhibit C — Final Approved Concept Book to be added following final City Commission approval. EXHIBIT D Conceptual Phasing Schedule See attached. Submitted into the public record fpr ite i(s) L, (J 9 ` on ZiL`6Mt dityrClerk Submitted into the public record f r ite ? s} Ala on /t / I C lerk 1P K' CI - Mar, C.n0 knovalroe r3.011-1 Cnnonnual Phvaq Pen 2020 2021 2022 2023 202. 2020 2026 2037 2000 2029 20.2 202.1 2332 2032 20Yi S Caaaapol .GAfwlwcp�C11 Caw.+1n Pu,L Cannnlonc<mpeben k3Onnanstuclen BtAiNIOIBIBBwl::l Hew Coeur Wong Coleavmat 13001,0.111010.1 BerpConenninInn Cash.. Carrawl NCpa Ca.s*.0171 10 12 13 1a 15 CawirOcum FAepm. Coxa voa Corpcmn NarNwAvIDrPnWsx° acsa son1nPRp..a<' Elmo CarFrlcDon Naas Cwueuann Cawlxrn Carrc 60n Calsoveten Cmrnxun co,soct ncaa • Ca.stanCan Pren oer.lnttlan Completion eE3n CIXnWJon Ctm.1nrann Cempeal rn 1T aeonca nkevt CaemEm. n Gananann MAGIC CITY INNOVATION DISTRICT SAP - CONCEPTUAL PHASING PLAN NOTE: PROPOSED CONCEPTuAL PHASING PLAN ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT Bpyn C.0.1nr 1T.. Comm---- In Prapree5 CamlrvdWn CamFbllen CRY 4P MIOMI NEARING 011022 $ 77-17 • m ■ June 20, 2018 47 Submitted into the public record/or itim(s) Oil ' tN i l EXHIBIT E Adopted Little Haiti/Lemon City Design Guidelines See attached. lcr CITY OF MiIAMI PLANNING DEPARTMENT Submitted into the public. record or it` ni(s) 1,, , HISTORIC LEMON CITY' LITTLE HAITI CREOLE DISTRICT DESIGN GUIDELINES on 7 17 l j . City Clerk 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 615' 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 2.1 Avenue between 52"d 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. Submitted into die public record or it m s) Q Z, `1 on dity{Cierk EXHIBIT F List of Required Roadway Improvements See attached. Submitted into the,public record for itegm(s) on �,lc`tf 19 ity Cleii 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, a 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 -tarn 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): a 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. 4J)O 54;r EXHIBIT G Joinder Farm See attached. Submitted into the p b1ic record fpr ite (s) V Z, r i on 'Li City Clerk Submitted into the public , record for ite n(s) Q , `� `t<y on 7,r JI Cty tlertt 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 undersigned entity. day of , 20_ by the 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 Forni, 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 ail 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 4 5745448;1 Submitted into the public record or it m(s) { Lr on Lit City Clerk 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 ) 5S: 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; Submitted into the public record fpr ite i(s) 1 on 7, i � CitytClerk 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: i574 44 ;1 Submitted into the public record or it m(s) , t �y 1 { on t�t�5 / City Clerk EXHIBIT A Joinder Property Address and Legal Description 4 745 i- U:1 EXHIBIT B Updated Regulating Plan See attached. Submitted into the public record for it n(s) RZ, (11 Oil i t,1 ix( city Clerk 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) Submitted into the ublic record � ite 1(s) on tit, ity Clerk 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 proximately 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; (il) 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 Buiidin 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 Submitted into the public record or it m(s) 1 i orl city Clerk 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, research 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, This classification excludes training and education in any activity that is not otherwise perrpri tied -ire 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. Submitted into the public record fpr iterp (s) L t on j N! l9 . dityiClerk 3 MIAMI 21 - JANUARY 2018 DRAFT- 2122/19 Submitted into the public record f r on City Clerk MAGIC CITY INNO AT1 N DISTRICT SAP REGULATING PLAN ARTICLE 1.2. ❑EFINITIONS 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 ❑f 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 one 11) 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 - 2122/19 Submitted into the public record or it m(s) `.., `� t in MAGIC C1 N DISTR CT 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 he 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 2 MIAMI 21 - JANUARY 2018 DRAFT- 2122/19 Submitted into the public record f`or itepi(s} , (,, l On 2J?, f CityCleric MAGIC CITY INNOVATION DISTICT SAP REGULATING PLAN ARTICLE 1,2. DEFINITIONS OF TERMS 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, ncludingbut not limited to avending 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 Aft 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 subiect 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 (4J 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 MC0-2 Transect Zone area. ▪ Les Residences: The central core SAP Campus Zone with MCID-2 and D1 Transect Zone designations. 3 MIAMI 21- JANUARY 2018 DRAFT - 2122119 Submitted into the public record for iter (s) l' i1 Clerk MAGIC CI N DISTRICTySAP REGULATING PLAN ARTICLE 1.2. DEFINITIONS OF TERMS 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, 14 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, Di Work Place, D2 industrial and D3 Waterfront Industrial. Within T3 through TG Zones are additional categories, Restricted (R), Limited (L) and Open (0), and each category shall also be considered a T-Zane. 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 not 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. 4 Submitted into the public record for it°rn(s) MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 MAGIC C ON DI 'I"r§AP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS 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. 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. MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 Submitted into the public record for it-m(s) Q 1 en dit\''Clerk MAGIC CITY INNG ATION DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS Art & Entertainment. Create a world -class destination for immersive art experiences that showcases groundbreaking entertainment, music, performances. sculptures and art from around the globe. 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. 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 Cites 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 prow theft 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 merges inimersive experience with cutting -edge technology and innovations in the realm of art and entertainment; architectural dements and specia[ 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 wiliparovide for enhanced mobility through bike amenities and urban design. and includes a proposal for a commuter 2 MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 Submitted into the public �1 QC] record g ord A Cg] s) ff Cite 1terk MAGIC CITY INN ON DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS rail station along the Florida East Coast Railwa 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. 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-O Urban Core Transect Zone, as modified by this Regulating Plan. In addition, except as modified by this Regulating Plan (I) the MC1D subcategory of MCID-1 shall have the equivalent standards and criteria, and be regulated the same, under 3 MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 Submitted into the public record for items) ojt �� City Jerk MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS the Miami 21 Code as the T6-12-O 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. 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 wit 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 4 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 Submitted into the public record fpr ite n(s) on ?,iz,xiA� . City Clerk MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS 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 maybe 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. 5 MIAMI 21— JANUARY 2018 DRAFT-- 2122/19 Submitted into the public record for itints)i L . (t on City Clerk MAGIC CI ON DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES 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, T-6 MCID, and Di CI, CS, DI, 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. 1 MIAMI 21— JANUARY 2018 DRAFT — 2122/19 Submitted into the public en record Z V #1 S) •� F C'ity Clerk MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES 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 walls 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 walk 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 retail 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 retell Commercial Use, shall be counted as two (2) Stories; except for T6 36, TO 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 retail 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. 2 MIAMI 21 - JANUARY 2018 DRAFT - 2122/19 Submitted into the public record or it°m(s) City Clerk MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES 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. 3 MIAMI 21 - JANUARY 2018 DRAFT - 2122119 Submitted into the public record f r itep?(s) on Li dity'GIerk MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES 3.63 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 an new 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. On -street loading for all Transect Zones within the SAP Area may he 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-streel 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 Goading 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, 4 MIAMI 21- JANUARY 2018 DRAFT - 2122119 Submitted into the public on record ��r ts 1 . City heric MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES 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, defining with newly created Blocks as generally illustrated on Concept Book Sheet 21 not exceeding an average perimeter length of approximately 1.500 17320 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 Submitted into the Ruhlie record f }r ite}n(s) �,. {y 1 + 011 Liz I} City Clerk MAGIC CITY INNIVA ION 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 thus Regulating Plan and as may be specifically depicted in the Concept Book. d. The Public Frontage in Transect Zones T4, T5, TB MCID and Di should include trees planted in a regularly spaced Allcc 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, dears 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 ZoneINE 2nd Avenue Corridor: Little Haiti - French Creole Design Standards 3.13 SUSTAINABILITY 3,13.1 General b. Ail new Buildings of more than 50,000 square feet of Habitable Rooms or Habitable Space in the T5, TB 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 (LEER) 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 rnaximum 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 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. ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTIONS Submitted into the public record f r iteyn(s) ` on / f� City Clerk MIAMI 21 — JANUARY 2018 DRAFT - 2/22/19 Submitted into the public record or it {s) MAGIC CITYTR STRIt REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY LOT OCCUPATION "' i .4> QQ' _i a '1' c nyt. ''Ivo ,f w�� i b r .4 °dj +o ° e4 4i Hi TG-42 maer.a w®... rood uwewwwrar.w a a.ir, ..,e.r a., rw" ® wwnrr.nxwlre r_pI 1,, ,w,aven°a e1,71acrranraww.e:0,1:a a.Lat Area 5,000 s.r. min. 1,40os.1.-20,000 s.r.",-.0-e,--40 85-�0 0 _,.. 5000sfmen . 5,000 sr. Min U,000s-r.max,°' 5,000 at min. 80nnn�,, 04,nrne..' 5,000 sr. min. +5pnar, b.LotWidth 50tLmin. 16ttmin ISOIL min.'" 16-tt-minN54TLmin." 0ft. min. 50h.min, 50flmin. a tot Coxerepe 50%maxi stFloor 30% max. 2nd Floor tor T3 R & TUL ooIy 60%max. 8090%max, oerLot" ( B�°'. 609max_" max. in aopreeate_within II 8090%max. ep Ft.DC" e entire SAP Area 80 95% max. eh rLot" 1 d, Fleet LelRatio (FI.R) - — 5125% additionalPublbc Benefit"' 84-20-%-ad0 ti4naRE*Ibx Ben fit= ,__A a 7 r a"�--o„4-addide6696onal pybp nee ,�. ,a ra a0V n ,.Iin &vent "' 'r'l, e. dentage altrent aemoauc beck mm. w f%rrpn ruse men. ,w dWyW min, r9r sum rem. I, i reenrWen Space ltequ.remenrn 25%LoIArea min. I`,Im, 1 `Yv Lot Area in egale iYlhrn log entire SAP Area 1 g. Den5 y BUILDING SETBACK 9-15 duracre 35 dulacre max. 66 LS2du/acre max. t 50 du lucre " 150 du lacre 150 du lade' it. Principal From 20It. min. 10 h.min. 10ft min. 10 K.min. 100. min." I0fL nKn" b. Secondary Frani 1011. min. 10h.min, 103ft min. 10 [Lan. 105 h.min" 405h. min."', c. side 5ft min." 0 h. min.! 5R. min." 0it min" 0h. min." OR. min" 0h.min." d.Rear 20ftmin. 20FLmin. 0ft. nun." 0Rmin." Ah.min'" Main." OUTBUILDING SETBACK a. Prinapal Front 20 ft min. (T3 L only) 30IL niln. b. Secondary front 10 h. min, (1.3 L only) 10 h. min. n. Side 5R. min. RI only) Oft. min l5lUmin, d.Rear 5ftmin. (T31, only) 5tr6im PRIVATE FRONTAGES a Common Lam permitted permitted prohibited prohibited prohibited prohibited b. Poch& Fence permitted permitted prohibited prohibited prohibited prohibited o.Terrace or L.C. prohibited permitted prohibited prohibited prohibited prohibited d.Feceeeoat prohibited permitted permitted permitted permitted permitted e, Sloop prohibited permitted permitted permitted permitted permitted I. Shaptanl prohibited permitted Ise L ra oI permitted jr5L, TS0i permitted (T&SL TSao) permitted ge-12-1.46-42.41i permitted Frs-2e.T6 98- g.GeNery prohibited prohibited prohibited prohibited permitted" permitted" permitted" permitted" pemrihed" h.Arcde permitted" permitted'" permitted" Crthavar B800010 HEIGHT (otensx( twinned esrarled earn I tee e. Pdndp1 Building 2 max. 3 max. 2-min" 6.8 max. 2 miri_ 6 max. 2 min. 4-2 LQ max,. 2 min. 24 25 mac b.0uihuading 2 max. 2 max. a Beneo Heigh Moving 15, T5 & T4 dray 1-mat 4 max." tt " THOROUGHFARES e.11W&RR permitted prohibited prohibiled prohibited prohibited prohibited h.8V permitted permitted permitted permitted permitted permitted o. SR permitted permitted prohibited permitted permitted pemiihed d.Rs permitted permitted prohibited permitted permitted permitted e_SS & AV prohibiled prohibited permitted permitted ' permitted permitted T. CS &AV prohibited prohibited permitted permitted permitted permitted g.Real Laos permitted permitted prohibited prohibited prohibited prohibited h,Roar Alley permitted permitted permitted permitted 1perrtitted permitted I. Path i permitted permitted prohibited prohibited prohibited prohibited MIAMI 21 - JANUARY 2018 DRAFT . 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY t. Passage permitted permitted permitted permitted permitted permitted It. Bloycfe Path permitted permitted permitted permitted permitted permitted 1. Bicycle Lana permitted permitted permitted permitted permitted permitted m. AcyciaRwta permitted permitted permitted permitted permitted permitted n. Sharrow prohibited permitted permitted permitted permitted permitted o. PrimilyrogcloRoute permitted permitted prohibited permitted permitted permitted ' Or as modified in Volt am S "Nora: Rarer W Arllde 5for Specific Transan lam Regulations ••• riaa: Sono shdI not h9 a+e9sdle far R.properaae abetting T3preperees drama L Aide 3] Submitted into the public record s} or) Id �.rC dIek MIAMI 21 — JANUARY 2018 DRAFT— 2122/19 Submitted into the public record f r ite (s) L1 �i • 11 Xi ` MAGIC CITY 1N RICTCAIIerk REGULATING PLAN ARTICLE 4, STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY — 1 .,, TB-36 6-48 Lo1OCCLPATIGN 6-8 i' ,.,,Cr r 11..1.91, r w.TEAM r.r.T a. LeiArea 5,000 sl. min 5,000 s1. min. 5,000 sl. min. 5,000st. min. 5,060 s.0 min. 5,000 s.f. min 10,00D el. min. 10,000 et min. h. Lot 100 ft min. 100 ft min, 100 tL nen 1001L mht. 5OIL min, 50 [L min. 1001i, min. 50 ft min. c. Lot COW aga 80%max." 80%max" 80%max." 80%max." 8090%mat verlor 80% max. in a9mena1= 90%max within the entire SAP Area 90% max 80%max & Floor batlike/PLR} a.12 or b.22/ 40% additional Public Benefit "' allot 6.18 / 50% additional Public Benefit'" a.11 or 6.18150% additional Public Benefit " 24150% additional Pubic Benefit'" e. Fran al Irani Setback 7096 min. 70%min. 70% min. 70%min. None None No Nana I'. Open Space Requirements 10% Lot Area min. 10% Lel Area in. 10% Lot Area min. 10% Lot Area min. 5 E.lio.1$% Lot Area it angrenaley,i0lin the enU a SAP Area 5% Lol Bea m1n,10% Lot Abeam it, g. penalty 150 de /acre' 150 du /acre' 150 du facie' 150 du facie' 35 dufacre max. 150 du /acre' BUILDING SETBACK a.Princrpd Front 10 R.min. 10 IL min. 10R. min, 10ft min. 10ftmin. 10 R. min, 5ft. min, 10 tLmin. b. Secondary Front 10 R. On. 1011. min. SO as loin. 10 Brain. 10 ft min. 5 ft min. 5 ft. min. 10 IT.min. c. 0rde 0 It Min," 0 0. min" 0 ft. min." 0 R. min.'. 0 Pt minx- 0 ft. min." 0 ft. min" 0 linen." d. Rea, 0R. min." 0 ft. min." Oft. min." Ott. min" Oft min.' 0R min," Oft ruin." 0 ft min." OUTBUILDING SETBACK a. Prkcipal Frani b, Seconday, Frahm d. Side d. Rear PRNATE FRONTAGES e. Gamma-. Lawn prohibited prohibited prohibited prohibited prohibited prohibited prohibited permitted b.Porch8Fence prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited c. Tanaeece L.G. prohibited prohibited prohibited prohibited permitted permitted permitted permitted 4. Forecourt permitted emitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted a. Sloop permitted permitted permitted pemetted r, Bhoplreni permitted it Te-350} permitted tliT48L, S-480i permitted ti6-0ot. TO-00} permitted (16$3L Teen o) permitted permitted permitted permitted g. Gallery permitted " permttted .• permitted" permitted " permitted " permitted" permitted" permitted" h.Arcade permitl'ed" permitted" permitted" pernmitted" permitted" permitted'° permitted" permitted' I. Canhtever BUILDING HEIGHT IStcdni permitted a. Principal Building 2 min. 36max. t min. 48 max 2 min. 60 max, L non. 80max, none 6 10 max, none 8max. none 8 max. 1 rmn. As regulated by F A. L - b.CNN/Wing 2 ' c, Berard Flaghi Meng TB,TS Tit only 24 max." 32 max." unlimited" antimiited " max. TROROUGI IFARES n $harrow a. HW 8 RR prohibited prohibited prohibited prohibited prohibited prohibited prohibited ®• rnonty rsicycme route b. BV permitted permitted permitted permitted permitted permitted permitted ' Or as modified in c. SR permitted permitted permitted permitted permitted permitted permitted ptegram 9 4•RS permitted permitted permitted permitted permitted permitted permitted u7tNRel., ivAutrto 1P[_SC_Tt2t4xPCi Zone Regulations e. SS EAV permitted pematted permitted permitted permitted permitted permitted I. CS BAV permitted permitted permitted permitted permitted permitted permitted g.Rearieno prohibited prohibited prohibited prohibited prohibited prohibited prohibited h. Rear Aitey permitted permitted permitted permitted permitted permitted permitted 1, Path prohibited prohibited prohibited prohibited prohibited prohibited prohibited I. Passage perniled permitted permitted permitted permitted permitted permitted k. Bicycle Path permitted permitted permitted permitted perml0ed permitted permitted L 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 Submitted into the public record rr it (s) on 1 .Ci Jerk MAGIC CITY INNOVATION DISTRICT SAP 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 shalt not be available torT6properlies abutting T3properties (refer loArticte 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-LNE MICRO UNIT REST E CE 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 COMMERCIALESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT ART GALLERY MANUFACT.•EMARLED RETAIL MEDIA PRCIDUGTION FACILITY FLEX SPACE USE CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CML 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 T5 URBAN CENTER T5-0 455 150 R R R R R R R R R R w R R g R w W RlSPg " R R R W R w w w WE w w w R w R R T6 MCID MAGIC CITY INNOVATION DISTRICT URBAN CORE MCID 15U' R R R R R R SP R R R R w R R ig R w w RISP ' R R R R" R W R E w W w iAI SP W 5P w WR w R w R R D DISTRICTS ❑1 36 R SP R SP R R R R R R ER R R R-R+SP.• R R R R_ a R R R R w E R R R E 1=A E £-R E E R Submitted into the public ©r te l ) / on it% . Chy Clerk SPECIAL TRAINING /VOCATIONAL uAR wR 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 Mowed By }Tight 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 Perin:(: Administrative Process - CRC (Coordinated Review Committee) Boxes with no designation signify Use prohibited. 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. See C4ty-Go e-Chapter-4 he Development Agreement for regulations specific requirements related to Alcohol Service Establishments and Food Service Esteblishmenls. • 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 M Than Lone and the MCID i Tranfiect Zone within the Les Ateliers SAP Campus Zane. Prohibited in the MCID-1 Tianseet Zone within the Les Bureaux SAP Campus Zone. Submitted into the public record f9r ite (s) Q Lr 1 1! S on Z JZ,X 1 I 1 City Clerk 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 TSCIPEH 65150 UNITS PER ACRE DENSITY (UPA) RESIDENTIAL 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 marking 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 slab member in addition to the parking required for the principal Dwelling Unil(s). • (}ormitor : Minimum of 1 space per staff member and 1 epace per 4 residents. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 t this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • lone, tjfye parking ratio may be reduced wthin-a-T D area-e► within a Transit Corridor area by up to thirty percent (30%) byprecess-e1-Waiver; by up to fifty percent (50%) by der -and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; se by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parkins ratio may be reduced so to frfly percent M50%l within a TOD area by SAP Permit. • Within r TOD area. twenty percent (20%1 of required parking sexes may be exchanged for bicycle parking al a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsile within 1000-feet the Magic it SAP Parking Prrxlram within the SAP Area boundaries. Iry-preo06r;-ef-\44 F • Loading - See Article 4, Table 5 of this Regulalina Plan LODGING Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2lodging units. • Minimum of 1 additional visitor parking space for every 10lodging units, • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Ptan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. Aene;-1The parking ratio may be reduced within u OO area-er within a Transit Corridor area by up to thirty percent (30%) bypfeeess-e:Waiver; by up to frfly percent (50%) by ecece ef-WeWer-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 F000r Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced up to fifty percent 159%1 within a TOR area by SAP Permit. • Within a TOD area. twenty percent (20%) of required parking spaces may be exchanged for bicjcle parking at a ratio of six i61 Bicycle Rack Spaces for each required parking s pate. Submitted into the public record n [,.1 fr1Cl 1 c1 C erk MIAMI 21 - JANUARY 2018 DRAFT- 2122119 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING T5-Q DENSITY (UPA) OFFICE COMMERCIAL t;SjUNITS 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 feel of office use. Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Rentttatinq Plan, Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. -ungated--T-3-Panseet Zeno, EThe parking ratio may be reduced within -a -TOO area-ar within a Transit Corridor area by up to thirty percent (30%) by- news-e6. laivar, by up to fifty percent (50%) by er-and payment rnto a transit enhancement Trust Fund, as established by Chaplet 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 uo la fifty percent (50%) within a TOD area by SAP Permit. Within a TOD area, twenty percent (20%1 of required narking spaces may be exchanged for bicycle parking at a reAe o1rii&L61 Bicycle Rack Spaces for each required parking space. Parking may be provided by ownership or lease offsite within 00-feel the Manic City SAP Parking Pronram within the SAP Area boundaries. by-pr eesa—a Weiver 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 area of 55,000 square fact per -Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilitesv minimum 1 parking space for every 10.000 square feel 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, except for Public Storage facitilies. •Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. Zone, [The parking ratio may be reduced within a TOO area-er within a Transit Corridor area by up to Thirty percent (30%) byprasessef-Waiver; by up to fifty percent (50%) by prasoos Giver-ecd 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 len thousand (10,000) square feel or less. • The narking ratio mac be reduced es to fifty pernenl I50%1 within a TOD area by SAP Permit, • Within a TOD area, wanly percent 120%l of required parking spaces may he extdranged 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 4800-fee4 the Manic Citi SAP Parking Aronrl:I within the SAP Area boundaries. • Loading - See Article 4, Table 5 of this Reputation Plan -Commercial Auto -related, Drive-Thru or Drive-ln Facili- ties - See Article 6. Submitted into the plkblie record fqr ite (s) , 1 On 7,/ t3611$ . Ci Jerk MIAM 121 - JANUARY 2018 DRAFT - 2l22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING • Parking may be provided by ownership or lease of(sile within 4000-feet the Manic City SAP Parking Proorasn within the SAP Area boundaries, by-process-eF'WaiveF Loading - See Article 4, Table 5 of this Reactance Plan Submitted into the public record f r ite (s} �, on ��Z. Gi ° lerk MIAMI 21 - JANUARY 2018 DRAFT -- 2122119 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4, STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING 15-D T5-OPEN 65150 UNfFS 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 seals 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 es required. • Parking requirement may be reduced according la the Shared parking standard, Article 4. Table 5 of this R.eoutaiina Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • e--I it parking ratio may be reduced witatn a39B area-er wilhin a Transit Corridor area by up to thirty percent (30%) by-preeessa1Waives: by up to Fifty percent (50%) by pr" a ot-W-ivenend paymenl into a Iransil enhancement Trust Fund, es established by Chapter 35 of the City Code: or by one hundred percent (100%) for any Structure wilh a Floor Area of len thousand (10,00D) square feet or fess. • The parking ratio may be reduced uo to fifty percent (50%) within a TOD area by SAP Permit. • b\ifhin a TOD area. [wenly percent {20%1 of required perbine spaces rnav he exchanged for bicycle parking at a ratio of six a_latcypte Radsl Smogs for each required parking space • Parking may be provided by ownership or lease offsite vvilhin 4000-feel the Magic Clv SAP Parking Program within the SAP Area boundaries. by -process r,p.t when si10 is within CM leer e1 1 3 • Loading - See Article 4, Table 5 of this Revulaline Plan CNIL SUPPORT Civil Support Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 1000 square feel 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 In the Shared parking standard, Article 4, Table 5 of Ibis Reouletino Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Csceplf e;toc�..:r5;.�rnnre01o1o.,ungo1od131 snrecI Zone, tTha be TOO parking ratio may reduced wihin 3 area-er within a Transit Corridor area by up to thirty percent (30%) bypreeess-of- Waiver, by up lohfty percent (50%) by proses -of Nawer and payment inks 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 feel or less. • The parking ratio may be reduced uo 10 Slty pafcenl 150%1 within a TOD area by SAP Permit. • Within a TOD area, twenty percent f20%1 of required perky r�spergs may be exchanged for bicycle parking at a ratio of sky (6) Bicycle Rack Soaeeo for each required parking snare • Paring may be provided by ownership or lease offsite within 4000-feet he Magic City SAP Packing Prarram within the SAP Area boundaries. liy-prsaa0S t. Waivor, • Loading - See Article 4, Table 5 of this Requlaling Plan Submitted into the public record for ite (s) P 2, on id/ Z.`tc1 I . City Clerk M IAM 121 - JANUARY 2018 DRAFT - 2122119 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING T5•O DENSITY (UPA) 65150 UNITS PER ACRE EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces fru-every 1,000 square feel 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 Callege/Uniyersity. • Childcare Facilities. Minimum of 1 space for the owner/ operalor 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, Z@ae The ratio may be reduced withi., parking . -a-TOD area-ar within a Transit Corrtdar area by up to thirty percent (30%1 by-preeessaFWJaiyer; by up to fifty percent (50%) by preeess-efAsiyer-arrd payment info 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 feel or Pass. • The oarking ratio may be reduced uo to fifty percent f505k) within a TOD area by SAP Permit. • Within a TOD area twenty percent (20%) of required parkins Spucea may he exchanged far bicycle parking al a ratio of six f5) Bicycle Rack Spaces for each required panting space. • Parking may be provided by ownership or lease affsile within 1000 feet the Manic City SAP Parking Program wilhln the SAP Area boundaries. by-presses-ef-Wai+[er; ereafol-w4aa-Aa-is4vithia-600-teel-ef--T-3, • Loading- Refer to Article 4, Table 5 of this Requtabng Plan Submitted into the public rr record for iterp(s) QZ, 6 L 18 on ' Z4/ 1 t{ City Clerk MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MCID DENSITY (UPA) RESIDENTIAL LODGING MCID TRANSECTZONES 150 —1,000 UNITS PER ACRE • Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of I oarkine space per 2 Efficiency Dwetline vnifs: Minimum of 1.5 parking spaces per other Dwelling Units (except Micro Units below]. • Mnimum 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 it I parking space for the non-residential use in addition to parking required for the Dwelling Unil. • Adult Family -Care Flames - 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 Reoulatino Plan, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required, Zen&-iTne parking ratio may be reduced within a TOD arca er within a Transit Corridor area by up to lhirly fifty percent (30 50%) by SAP Rist ; tier; by up to fay epercent (50 75%) by SAP Peritpreeess ei Araiver and payment Into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) far any Structure with a Floor Area of ten thousand (10,000) square feel or less. • ThQ parking ratio may he reduced up to eighty percent (80%) Abutting a Transit Fac:1ity in a TOD area by SAP Fermi • Within e TOD area twenty percent t20%1 of required perking spaces may be exchanned for bicycle parking at a ratio of six 151 Bicycle Rack Spaces for each required pazkino space. • Parking may be provided by ownership or lease offsite within 10Q0 feel the Mauls City SAP Parkinu Program within the SAP Area boundaries. by -process -et Weiser; ekeepl-witlea44e-is-witble-6130-feetial-1,1 • Loading - See Article 4, Table 5 of this Requialine Pion Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 4lodging 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 Reoulatinq Plan, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. gene-ITne parking ratio may be reduced area-er within a Transit Corridor area by up to thirty percent(30%) by-pracessoLWaieer: by up to fifty percent (50%) by process-ePAtaivcr sn. payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code: or by one hundred percent (100%) for any Struclure with a Floor Area of ten thousand (10,O00) square feet or less. • The narking ratio may be reduced up to fdry earcee lafi%1 within a TOD area In SAP Permit, or eighth, percent (00%) Abu nine a Transit Facility in a TOD area ¢y SAP Permit, • Within a TOD area, twenty percent (20%) of regwred MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING Submitted into the puiglic record fpr ite (s) on t,1 VI( �I 9 . City Clerk MIAMI 21 - JANUARY 2018 DRAFT - 2/22/19 p_arkinq spaces may be exchanged for bicycle parking at a ratio of six I6 Bicycle Rack Spaces For each required parking space. • Parking may be provided by ownership or lease offsite within 3980-€get the Magic Glv SAP Parking Program within the SAP Area boundaries. rhy-prosess-ef-Waiver, • Loading - See Article 4, Table 5 f ibis Reoulatina Plan Or as modified in Diagram9 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4, STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING Submitted into the P blic record fpr ite (s) r `� on /iitc6111 Ci}y Clerk MIAMI 21 - JANUARY 2018 DRAFT- 2122119 MCID DENSITY (UPA) OFFICE COMMERCIAL MCID TRANSECT ZONES 150 UNITS PER ACRE MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING 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 Ihis Regulating Plan. Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. brio, tThe parking ratio may be reduced within a TOD area-o within a TransitCorridor area by up to thirty percent (30%) ray-presese-al-lAlalyei; by up to fifty percent (50%) by prese,ss-of-Arakver-and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the Cily Code; or by one hundred percent (100%) for any Structure with a Floor Area of tern thousand (10,000) square feet or less. The parking ratio may be reduced up t° fifty percent (50%) wilhin a TOD area by SAP Permit, or eighty percent (80%) Abutting a Transit Facility in a TOD area by SAP Permit Within e TOD area twenty Tercel (20%) of requires( parking spaces may he exchanged for bicycle parking et g rats of six 161 Bicycle Rack Spaces for each required parking space. Parking may be provided by ownership or lease offsite within 4PQP-eel the Magic City SAP Parkin° Program within tha SAP Area boundaries. Loading -See Article 4, Table 5 of this Reoulakno Plan Commercial Uses are permissible as listed in Table 3, limited by compliance with' .a a —ef 55 000 � o •Minimum of 3 parking spaces for every 1,000 square feet of commercief 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 Produclisn Facility- 1 parking $pages for every 1.00Q square feet. -Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Requfatino Plan. . Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. Zane,-tThe parking ratio may be reduced within -°TOP area -or within a Transit Corridor area by up to thirty percent(30%) by preseseaf;Waiver; by up to fifty percent (50%) by prososs-ePAiaiver-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 feel or less. The parking ratio may be reduced u5 to fitly sercenl (50%) within a TOD area by SAP Permit, or eighty' percent (80%) Abutting a Transit Facility in a TOO area by SAP Permit. No parking is required for Commercial Uses less than len thousand f10.000I square feet and Abullino a Transit Facility in a TOD area - Within a TOD area, twenty percent f20%1 of required parking spaces may be exchanged for bicycle parking at a ratio of six (81 rirvrde Rack Spaces for each required parking spare. • Parking may be provided by ownership or lease offsite within 40P0-fee( the Magic City SAP Parking Program within lhp SAP Area boundaries, oo • Loading - See Article 4, Table 5 of this Regulating Plan, • Commercial Auto -related, Drive-Thru or Drive -In Fee li- Submitted into the public record f r ite or) Ci Jerk MIAMI 21 - JANUARY 2018 DRAFT- 2/22/19 ties - See Article 6. • Or as modified in Diagram MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING Submitted into the public oTl"l?3'ltpe{S} �' `City lerk MIAMI 21 JANUARY 2018 DRAFT -- 2122/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MCID MCID TRANSECTZONE DENSITY (UM) 150UNITS PER ACRE • CNIC 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 vehicu far spaces required. Transept Zone, (TIN be parking ratio may reduced -ereaer within a Transit Corridor area by up to thirty percent(30%) by tesessef-Waivet: by up to fifty percent (50%) by ^r^cec• aM payment Into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code: or by one hundred percent (100%) fat any Slttcture with a Floor Area of len thousand (10,000) square feet or less. • The marking ratio may be reduced so IQ fitly percent (50%) within a TOD area by SAP Permit. or eighty percent It30%l Abutting a Transit Facility in a TOD area by SAP Permit • Within a TOD area. twenty percent (20%} of required parkin:1 soeces may be exchanged for bicycle narking al a ratio of six (61 Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 4000-fleet the Magic COy SAP Paring Program within the SAP Area boundaries. ekeept whowulfa le shirr veg Fee -of T 00. • Loading -See Article 4, Table 5 of this Reoulatina Plan CNIL 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 Cavil Supponl 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 pa:kiteg standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Escapt tnr_abies wakin 600 Peak of n tsd T.3 Trenseot Zone, rThe ralio may be parking reduced within s TOD area within Transit Corridor by -pr a area up to thirty percent(30%) by-presess-eMlakvet: by up to fifty (50%) by percent presess-el-Waverraed 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 len thousand (10.000) square feet or less, • the parking ratio may be reduced up f4 141y term( r50%) within a TOD area by SAP Permit or eighty percent f80%Y Abutting a Transit Facility in a TOD Brea bYSAP Permit. •'wthin a TOO area, twenty percent (20%) of reneged parking spaces may be exchanged for bicycle parking al a ratio of sfe j6) Bicycle Rack Spaces for each required parking spare. • Parking may be provided by ownership or lease offsile within 4000-feet the Magic City SAP Parking Program within the SAP Area boundaries. by-preses6-ot Wob+ ..cot urban mis :n wlthln 600 font of T% F ubt nitted into the public rccor�d f r rte s} eLi [y 1 on €ityClerk 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 • Loading - See Article 4, Table 5 of this Reoulalino Plan ' Please refer to Diagram 9 Submitted into the public record fpr ite (s) `'j on „ t,c I Ci Clerk 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) MCID TRANSECTZONES 150 UNITS PER ACRE' EDUCATIONAL Educational Uses are permissible as listed in Table 3. limited by compliance with: • Minimum of 2 parking spaces for every 1,000square feel 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. Zone, /The be TOD parking ratio may reduced within a area -sr within a Transit Corridor area by up to Ihirly percent (30%)byaesoe- Pha er; by up to fifty percent (50%) by pewees ef•-Wai , a d 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 len thousand (10,000) square feet or less. - The parking ratio may be reduced up to rift n uerceni f 50%1 within a TOD area by SAP Permit. • Within a TOD area, hventy percent E20%) of required parkino spaces may be exchanged for bicycle parking at a ratio of six 15) Bicycle Rack Spaces for each required parking space. - Parking may be provided by ownership or lease offsite within 1000 feel ine Magic City SAP Parking Prooram within Ole SAP Area boundaries, :e, • Loading - See Article 4, Table 5 of this Reoulailna Plan Submitted into the public record ) ( or it ms4Z r 6 , r), on ti.s�i1 City Clerk 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 DENSITY (UPA) 1- WORK PLACE 35 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table3,limiled by compliance with: • Minimumof 1 parking space perf]welling Unit • Minimum of 1 Bicycle Rack Space for every 20 vehicular spacesrequired. Zone, 'The parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) b; by up to fifty percent (50%) by gases -el -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 (t0,000) square feet or less. • Within a TOD area, twenty ogrcenl (20%1 of required parkin¢ spaced may lbe exchanged for bicycle parking at a ratio of six (fit Bicycle Rack Soaves for each required parking space. •Loading- See Article 9, Table 5 of this Requtegng Plan LUDGINta OFFICE Lodging Uses are permissible as listed in Table 3. limited by ccmptiance with: • Minimumof 1 parkingspacefwevery2 lodging units. • Minimum of 1 additional parking space for every I0todging units for visitors. • Parking requirement may be reduced according to the Shared Parking Standard, Wide 4, Table 5 of ibis Regulating • Minimum of 1 Bicycle Rack Space For every 20 vehicular spaces required, • C..ee, t er•s l •,.Mlle-5011 Zone-4The parking ratio may be reduced within a TOO area or within a Transit Corridor area by up to thirty percent (30%) maven; by up to filly percent {50%) by Bernd 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 Ffoor Area of ten thousand {10,000) square feel or less. • Within a TOD area. Twenty percent I20%Y f renuireq parking spaces may be exchanged for bicycle pa.-kinaat a ratio of six i131 Eicvcle Rack Spaces for each required caitiff/ suave. • Parking may be provided by ownership or lease offsite within 4000-feet the Maoic City SAP Parking Program wijhinth,.�, �, the Area boundaries. , e7I5e,,R�V6.tcwy: -fBet•Bl-T,3- • Loading-SeeArticle4, Tables of this Regulating Ran Office Uses are permissible as fisted in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 slot office space. • Parking requirement may be reduced according tolhe Shared Parking Standard, Article 4, Table 5 of this Regulating Plan, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spacesrequired. Zarae -1The parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by ¢rseessei-Waiver: by up la filly percent (50%) by eeeasei-Waive .pad payment into a Transit enhancement Trust Fund, as established by Chapter 35 cf the Cily Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feel or less. Within a TOD area twenty percent f200%) of required parkinq manes may bs exchanned for bicycle parkin* at a rialto of six (51 Bicycle Rack Space p for each repaired np�ldlfrp snare• Parking may be provided by ownership or lease otfstfe within 1000feel the Magic City SAP Parking Program Submitted into the ptbIic reeor[j fpr itelp(s) V17,, 1) 71, on City 'Clerk M1AMI 21- JANUARY 2018 DRAFT- 2122/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4; DENSITY, INTENSITY AND PARKING within the SAP Area boundaries, by prxess of WoEwe • Loading- SeeArticIe4.Tab1e5 of this Requlalinq Plan Submitted into the public record fpr ite 1(s) Oil Q1, i / i Q ity Clerk MIAMI 21 - JANUARY 2018 DRAFT - 2122119 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING D1 01. WORK PLACE DENSITY (UPA) 36 UNITS PER ACRE COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: •ki6nimum of 3 parking spaces for every 1,000 sf or commercial space, except for Public Storage Facflilies, minimum 1 parking space for every 10.000 square feet wilhaminimum of B parking spaces. • Parking requirement may be reduced according to the Shared Parking Slandard,Arlicle4, Table 5 of this Regulating Plan, exceptforPubfic Storage Facilities, • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. C..nnM 1n...itG .d�A:n cnn red prom.... Lott T- Tra......cI Zonc. IT he 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 inbU 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 len thousand (10,006) square feet or fess. •'Nithin a TOD area. twenty percent f20°%1 of required oarkinn spaces may be exchanged for bicycle parking at a ratio of six (61 Bicycle Rack Spaces for each reouiree,¢ parking space • Parking may be provided by ownership or lease offsite within 4000-feel the Manic City SAP Parking Program within the SAP Area boundaries. by process of Waiver, • Loading -See Article4.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 every 5seatsol assembly uses. • Minimum of 1 parking space for every 1.000sf of exhibilion or recreation space, and parlang spaces for other Uses as required. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5 of this Reoulalino Plan. • Minirrwm of 1 Bicycle Rack Space for every 20 vehicular spaces required. Zone, fThe be TOD parking ratio may reduced within a area or within a Transit Corridor area by up to thirty percent (30%) by process or Waiver; by up le filly percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as eslablished by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,0D0) square feel or less. • Within a TOD area. twenty percent (20%I of required narking spaces may be exchanged far bicycle parkins al z retie of six Ili} Bicycle Rar_k Spaces for each required parking space. • Parking may be provided by ownership or lease offsite wiltun Meet the Magic City SAP Parking Program wilhin the SAP Area boundaries. by-presess-tat 441efi-site-6 w11I. n 000 G....r Er T'1 • loading- SeeArticte 4, Table 5 of this Regulating Ptan Submitted into the public record Nor ite� (s) Q on l Ij� / I q . City Clerk MIAMI 21 - JANUARY 2018 DRAFT - 2/22/19 D1 Dt • WORK PLACE DENSITY (IIPA) 36 UNITS PER ACRE CIVIL SUPPORT Civil Support lases are permissible as listed in Table3, Limited by compliance with; • Minimum of 1 parking space for every 1,000 sf. of Civil Support Use. • Parking requirement may be reduced accordinglotbeSharad Parking Standard. Article 4. Table 5 of this Regulating Plan. ii Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. Minimum of 1 parking spaceforevery 5 seatsfvrassem blyuses. • hfinimum of 1 parking space for every 5 slips far marine Uses. •Adult Daycare-Minimumof 1 spaceperslaffinember, • Except for sites within 500 feet of an ungated T3 Transecl Zone, the parking ratio may be reduced within a TOO 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 info 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. • VYlhin a TOD area. hyenty percent i20%1 of required parking spaces may be exchanged for bicycle parking at a mho of six (6) Bicycle Rack Spaces for each required parkino space. • Parking may be provided by ownership or lease offsite within 1900-feel the Magic City SAP Parking Prooram within the SAP Area boundaries. ley-preeess-of-Way; ox9opt ubor trite :o wltk^ 600 feel of T3 • Loading -SeeArticle4,Tabbe5of this Requlalinq Plan EDUCATIONAL_ EduealionalUses are permissible aslisted inTable 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 maybe reduced according Is 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 all space for the ownerlapera• forand 1 spaceforeach employee, and 1 drop•offspacefor everyl Oclients cared for, Zene;,tThe parking ratio may be reduced within a TOO 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 (10D%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD_Prea twenty percent f20%1 of required parking spaces may be exchanged for bicycle parking at p ratio of six (61 Bicycle Rack Spaces for eacp reouirgd parking space. • Parking may he provided by ownership or lease offsite within 4090-fee4 the Maaic Ciry SAP Parkino Program within the SAP Area boundaries. byppacoc� rid„er, • 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 Submitted into the public record f r it (s) �n 7. {, f 1 G ty Ierk 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 131 - WORKPLACE DENSITY (BPA) 36 UNITS PER ACRE INDUSTRIAL Industrial Uses ere permissible as listed in Table 3,limtledby ompliancewith; •Please refer to Article 6 for additional specific requirements. •Minimumof 1 parking spaces for every 1.000 sf of I ndustrial Use, except for Commercial Storage Facilities. minimum 1 parking space for every 10.000 square feel with a minimum of 8 parking spaces. • Parking requirement maybe reduced according to the Shared Parking Standard,Arlicle 4.Table 5 of this Regulating Plan except for Public StcrageFacfiities. •Minimumof 1 Bicycle Rack Space forevery20vehicular spaces required. gerierlaq 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 len thousand (10000) square feel or Less. •'Within a TOD area, h wily percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6j Bipycle Rack Space* for each required parking ePace. • Parking may be provided by ownership or lease oltsile within 1000-feet the Mack City SAP Parking Program within the SAP Area boundaries. r, •Loading-SeeArticIe4,7able 5 of !iris Regulating Plan Submitted into the p blic record fpr ite (s) v r on Li City Clerk MIAMI 21 -- JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN. DRAFT— 2/22/19 ARTICLE 4. STANDARDS AND TABLES TALE 5 : PARKING AND LOADING SHARED PARKING STANDARDS WITHIN THE SAP AREA SHARING FACTOR WITHIN THE SAP AREA Functirrn RESIDENTIAL LODGING OFFICE COMMERCIAL 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 far 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 90 ACCESS AISLE WIDTH ONE WAY TRAFFIC SINGLE LOADED ONE WAY TRAFFIC DOABLE LOADED mOWAY TRAFFIC DOUBLE LOADED 23ft 23 tt 23 ft 60 12.8ft 11.8R 19.3 fl 45 10,8ft 9.5ft 18.5 N Parallel 10ft 10 f1 20 ft Standard stall: 8.5 ft x 18 rim —Minim • Driveways shaft have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for perking area providing 10 or more stalls, • Pedestrian entrances shaft 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 T 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 she 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 -skeet 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 si 1 per each cantonal 150 units or fraction of 150. Greater than S00,000 sf of Habitable Space ---____-- _ _ Berth Size Loading Berths 660sf 1 per first 150unils 200 sf 1 per each additional 150 units or traction 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 Industrial"_ 660 st= 12 ft x 55 ft x 15 ft * LODGING From 50,000 sf to 500,000 sf of Habitable Space .�_...._.__-_ Berth Size Loading Berths 420sf 1 per300 rooms 200 sf 1 per 100 rooms Greater than 500,000 sf of Habitable Space Berth Size Loading Berths 660 sf 1 per 300 rooms 200 sf 1 per 100 rooms From 25,000 sf to SOO,00o sf Berth Slze L o a d i n g Berths 42Dst 1 per 300 moms 20D sf 1 per 100 rooms Greater than 500,000 sf Berth Size L o a d i n g Berths 660 sf 1 per 300 rooms 200 sf 1 per 100 rooms OFFICE COMMERCIAL'° iNDll9TRIAL^' From 50,000 sf to 500,000 sf of Habitable Space From 25,000 sfto 500,000 sf Berth Size Load i n g Area 420st Rubs 25Ksf-50Ksf 420sf 1st 50Ksf-1001(sf 420sf god 100Ksf- 2501<st 420s1 ad 250Ksf-500Ksf --------•--,........41h. Greater than 500,000 sf �...—..-.—....._...._ Berth Size L o a d 1 n g Area 420sf 1st 50Ksf-100Ksf 420 sf 2nd 100K sf - 250K sf 420a1 3rd 250Ks1-600Ksf Greater than 500,000 sf of Habitable Spate Berth Size Loading Berths Area 660 si 1 i 500Ksf Berth Size Loading Berths Area 660 sf 1 1 500Ksf Submitted into the public record for it (s) an '�I� /1 C leek MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT - 2/22/19 ARTICLE 4. STANDARDS AND TABLES TABLE 6: FRONTAGES SECTION LOT R.C.W. PRIVATE r ■ PUBLIC Frontage Frontage 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. PLAN LOT R.C.W. PRIVATE■ .1 PUBLIC Frontage Frontage 1 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 {f) 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. • Submitted into the p blic record 9or ite i(s) on t / ity Clerk MIAMI 21 JANUARY 2018 DRAFT - 2122/19 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. a 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 andfor 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 appropriale, may be provided and integrated U into the design of a Park or Open Space, including a Civic Space. Public Parks and Open Space, including_Civic Space Types, and 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 (1l4) acre and the maximum shall be 4 acres. c. Square: An Open Space avail able 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.T! 7 nr..v nhanh ,/3 �,r �h abe plaza vromenatle: An open Space available for CIVIC purposes, programmed activities, commeroat ac vlty 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 pafzrafilyof a fnix of pavementandtrees 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 feast -west) once fully complete PIazaeshatbalocoted atthe4ersellsonorimnnhentThn,soughfaree The r e. Courtyard 1 Garden: Art 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 be fenced 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 T6-89, a Pedestrian Passage may be roofed. a L fr 2J t' Jlr MIAMI 21 - JANUARY 2018 DRAFT- 2122/19 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. T❑ �l Submitted into the public record f r ite (s) L. ( it on 7,/ 7/1 q City Clerk 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 MAUI AMaPOAT - — — Corgi way Bad Avanua • • rl r•r---.,. { \ I 0 A < E m s g z _ i .A b -_'i a' ¢ a� sg / \ I • 1 \ 1 K r T'^ N I 1 t �> _ \ a ..., \ ti \ •q if ♦ POTEMIAL YAG G G TY IIVOVATIOI • INSTAIC7AJTTtE HART PASSEX6EN'COAMLITER AAA_STATION y r • / \ rr ` • s1• Note: The Official Miami 21 TOD Diagram is maintained in the Office of the City Clerk. METRORAIL FUTURE METRORAIL METROMOVER BUS ROUTES STREETCAR HEALTH DISTRICT CIRCULATOR HEALTH DISTRICT STOPS FUTURE TRANSIT SHEDS {INCLUDING POTENTIAL MAGIC CITY INNOVATION DISTRICTILITTLE HAITI PASSENGER/COMMUTER RAIL STATION) 1/2 MILE TRANSIT SHED 1/4 MILE PEDESTRIAN SHED MIAMI 21 - JANUARY 2018 DRAFT- 2122/19 * * * 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) Submitted into the public record fj°r its its} V Z, on i:. City Clerk 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 tliustration 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 theft principal pedestrian entrances on a Frontage Line or frarn 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 shown 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 so- the proposed Structure rnay 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 cite i�� n hundred and fo x -(34 Fronts th r+r morn cross Ekiek ' .. " `.Jr� n�i-rGrr cr� Zi'r�dti--rrrvr ,• passage shall be provided as follows:: If the Frontage -Lis cat any point more than three hundred forty (3'10) Feet from a Thoroug fare inter tier the Bu#d1+g-Shalt provide a cross Block Pedestrian Passage. If the Frontage Line of a site is at any point mere hfare intersection, a vehicular cross Block passage shall be provided. MIAMI 21— JANUARY 2018 DRAFT— 2122119 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES serve the Neighborhood. 5,5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 1, Tables 2 and 6 and Illustration 5.5 of this Regulating Plan and as modified by Section 3.3 of this Regulating Pan. 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 be minimum fifteen (15) feet deep, shalt may encroach one hundred percent (1 DO%) 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 intemal 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 Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, Streetccrcens, or opaque gates. These shall not be allowed as Encroachments. 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. g. 2 Submitted into the pubtic record for iteip (s) (j on 'Li t, `1c i l Q . City Clerk MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 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 fy 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. Alf Best efforts shall be made to conceal ground floor and rooftop utility infrastructure and mechanical equipment shall be concealed from public view. At uilding Frontage —all equipment such as b aekflew preventers inure a 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. Streetscrecns shall be between three and a half (3,5) and eight (8) feet in Height and iron or aluminum. The- Streetscreen may be replaced by a hedge or fence. Streetscrcens more than three (3) feet high shall be fifty percent (50 ) perme l In er arks aterl to eid bl a nic-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 Buildingis on the Lot. c. Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Frontage when available. Where Lets have only Principal Frontages, parking may be accessed -from the Principal Frontages. Parking generally shall be accessed from a Secondary Frontage or Ailey, or from a Principal Frontage as generally illustrated on Concept Book Sheets 35-36 and approved by SAP Permit. 3 Submitted into the public record on z tetoI 19 . City Clerk MIAMI 21 - JANUARY 2018 DRAFT -- 2/22/19 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 Director with the recommendation of the Urban Development Review Board is provided for one hundred percent (-1ifu) of that portion of the 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 co parking may extend into the Second Layer a maximum of twenty five percent (25%) of the ,—r length of the Primary Frontage up to a maximum of fifty (50) feet. Q CJ Q e. SecondaryFrontage. 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 to be approved by the Planning Director is provided for that portion of the 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 -end Second .iayer-s above that of the Sidewalk. Ramps to underground parking shall be only within the Second and Third Layers, 9• 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 Buildings mixing uses shall provide parking for each Use. 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 be allowed. Temporary structures such as mobile homes, shall not be alle,a ed+except a per City Code and thiscode Temporary structures shall be 4 MIAMI 21 - JANUARY 2018 DRAFT- 2/22/19 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 may, unless otherwise approved by SAP Permit and glazed with cl arglass no le.,: than seventy percent (70© ). c seventy percent (70%)epe . 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. screened to c9r1cea aI „ternaI can entc such pI ,m,, .,. ^ipes fans --ducts and light Ramping should be internalized -wherever -possible. Exposed spandrels shall be -prohibited. (60%) with a shade-prcduc+ng SN fie--sac-ate but not li ;ftod to, a viper pergola or 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 (he Concept Book, b. Open Space shall be a minimum ten percent (10%) of the total SAP Let 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. The lighting fixtures of exposed --rooftop parking shall be concealed by-a—pparapet wail an4 sl-Olt--eot be seen from surrounding -greets: .. * * :. .. 4 :. .. 5 Submitted into the public record for iter t(s) 7 . on f )�• City Clerk MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES 5.6 URBAN -CORE TRANSE-CT 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 sane, 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 (16 MCID) .74 a. Newly platted Lots shall be dimensioned according to illustration 5.6 of this Regulating " Plan. CIO i~ 0 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. 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 Line, a Streotscreen shall be built co planar with the Facade to shield parking and service —areas in the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections 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 percent (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. 9 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- 2l22/19 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, TG 18, T6 60 and TB 80, fThe 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. Aterty lines Abutting a to shaft --reflect the tran.,ition-b,- 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, Building -abuts 75, th eor. For T6 24, T6 36, T6 48, T6 60 and T6 80 as measurer) ftom Building Fable exterior wags. 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, 76 48, 76 6 ries of habitable space may extend- a For T6 24, T6 36, T6 48, 76 60 and T6-8-0 Above the eighth floor, an additional six feet of non -habitable space is may-beallowed without additional setback to accommodate depth of swimming pools, landscaping. transfer beams, and other structural and mechanical systems. pascagc shall be provided as follows: If the Frontage Line of a Site 's at any point more more than six hundred and fifty {650) feet from a Thoroughfare intersection, a vehicular [S the first floor by n rn a��v., s. '`'^—e� t.:ranf�_f�ao ; crcent E��'v-�'�-'I nE ifr Icnnfh i.,i�h, Structures connectinga terrace, pedestri bridge or vehicular bridge- 0 a Pedestrian Passage may be roofed and shall -be lined --with frequent boars -and -windows: M3XiMUM Lot size as shown in Illustration 5.6 may be increased by Exception fer Uses that cave the Neighborhood. 5.6.2 Building Configuration (T6 MCJO) a. d 6 and Illustration 5.6. Above the eighth floor, the Building Floorplate dimensions shall be limited asfollows: 1. 15,000 s 7 2andT624 Submitted into the public record tpr ire(s) on _�! CF lerk MIAMI 21 - JANUARY 2018 DRAFT - 2l22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES a 1. 18,000 square feet maximum for Residential Uses le T6 36, T6 48, T6 60 and T6 80 3, 2. 30,000 square feet maximum for Commercial Uses and forparking 3. 1-80 220 feet maximum length for Residential Uses 6 4.250 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. Other cantilevered portions of the Building shall maintain the required Setback. Above devices, that are non accessible or balconies may encroach a maxim;— :f fhrno 1'31 feet. d. Galleries and Arcades ^"au be minimum fif�n (15) feet noon eh ll 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 Requlatinq Plan Permitted by proce& 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, Sfreetscreens, or opaque gates. T#cse s#alf not be allowed as Encroachments, 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 be permitted on Principal Frontages by SAP Permit der. 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 Pan, 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 Submitted into the public record fpr iter!(s) 1 , 6on id1 Z.4 19 . Ci erk MIAMI 21- JANUARY 2018 DRAFT - 2122/19 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 tei (15 40) 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 Heigl4t. Trellises may extend above the maximum Height up to fourteen (14) feet. A11 Best efforts shall be made to conceal ground floor and rooftop utility infrastructure and mechanical equipment shall be concealed from public view. Awe -building Frontage, ,- ice+ it 4, i� acado yr b r rir111 Tf efrnn cnre 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 , and eight (8) feet in runs IJ-be locate ceplanar with the Building Facade articulated to avoid belts- J. The ground floor along at! Principal Frontages shall contain a minimum of sixty percent (60%) Habitable Space. 5.6.3 Building Function & Density (T6 MCID) a Table 3 shall require approve sicmental regulations. b. The calculation of the FLR shall not apply to Buildings within the SAP Area the portie elevation. c. Buildings within the SAP Area fronting on NE 60th Street shall contain active ground floor Uses (e.g., active Commercial. Office, Residential, Lodging or other Uses) along 9 Submitted into the public record for itej.ri(5) _ i 1„ t (1 1 on 1 ]� dity clerk. MIAMI 21 - JANUARY 2018 DRAFT- 2f22/19 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 Cam_pus Zone. 5.6.4 Parking Standards (T6 KID) 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 thatcorrespond 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 acccsced by an Alloy. Pak shall -be accessed from the Secondary 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 glace treatment, of a design to be approved by the -Pining Director, with the recommendation of the Urban Development Review Board, is provided for 100% of that portion of the 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 (3Q%) 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 Submitted into the public record for 3JJ 9l,s Cit Clerk t�ra 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 shah 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. 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. unless otherwise approved by SAP Permit, Buildings mixing uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table5 of this Regiulatinq Plan, 5.6.5 Architectural Standards IF-6 MCID) a. structure hall not be allowed except ar_ per City Code and thic. eerie Temporary vnvc 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 Stacy. unless otherwise approved by SAP Permit and glazed with clear glass -no loss than seventy percent (70%). Se ur*sereens shell 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. The Facade of a parking-garagethat is not concealed behind Habitable 1 iner and nil Elevatieas shall be screed to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed Spandrels shall be prohibited. The exposed top level of parking structures shall be covered a minimum of sixty percent (60%) with a shade producing structure such as, but e--ctrue ture. 5.6.6 Landscape Standards (T6 MCID) 11 zirbinitted into the public • -cord for ire 11(s) . Ci •lerk MIAMI 21 - JANUARY 2018 DRAFT- 2/22/19 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 Let Area in the aggregate. Ten -percent (1(04 of the Open-Spacee-previded in Second or Third Layer chall bclandscaped. 5,6.7 Ambient Standards (T-g MCID) a. Noise regulations shall be as established in the City Code. 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 oxpoced roof- parking ✓haN be concealed by a parapet wail ands o be seen rem-surround+r g-streets. DISTRICT ZONES (Di) 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 }"' '.n4e llluctration 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. Submitted into the public record for iitcp7 s) 011 _ t Ll I r City Clerk 12 MIAMI 21- JANUARY 2018 DRAFT - 2122/19 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(s) 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 c a minimum five porconF (5%) of the 1 of Area Open Space shall be a minimum ten percent (1O%) of the total SAP Area in the aggregate. 5.9.7 Ambient Standards (D) . 13 Submitted into the public record for iteija][s) on 'L I ! l ei ty Clerk 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. Lai Area 5.000 s.i- men.; 10.000 s-1raaa. b. Lot Width 50 f1 min. c- Lot Coverage d- Fluor Lot Ratio (FLR) „I]%max. WO%rnax, in aQnrenate 'Whin entire SAP Area) NIA e. Frontage ai front Setback 1. Open Space 9. Density I!1°4 min unress otherwise approved by SAP Permit 1 lf'/n Lot Area min. in aaoregate within entire SAP Area 150 duiac max. BUILDING SETBACK a Principal Front 10 ft min. b- Secondary Front 5 ftmin. c. Side O fl. min. d Rear 0 fl. min. BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a Common Lawn prohibited b. Porch 0. Fence prohibited e- Terrace or L.C, prohibited d. Forecourt permitted e. Stoop permitted f. Shoprroni permitted (TS L and T5 0 only) 9- Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan r Cargieser permitter.) BUILDING HEIGHT a. Min. Height N+A b. Max. Freight 6 Stories e. Max. Benefit Height NIA BUILDING PLACEMENT WITHIN SAP AREA Fr.F--sv 1st 2id 14s1 Lana 1st Lena karat PARKING PLACEMENT WITHIN SAP AREA e 1-r x r 11 ?IN 3rd *rube SO%m. 0 min 4q Ulf Ira 3 io BUILDING HEIGHT WITHIN SAP AREA Mac Retie Aft r—F 1 Ode WFTIM3Sie&REAR ALL ZONES Submitted into the public record c.r it m(s) r1 City Clerk MIAMI 21 - JAN UARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT- 2122119 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 t f. rgak. to. Lol Width 50 ft min. L. Lot Coverage - 1-8 Stories 90%max. 180% max. in enorenate within entire SAP Areal - Above 8' Story 18.000 sq. ft. max. Floorplate for Residential & Lodging 30.000 se. It max. Floorptale For Office & Commercial d. Floor Lot Ratio (FLR) NN<A e. Frontage at front Setback 70% min. unless otherwise by SAP Permit f. Open Space 10% intArea min. inaggreqate rid in enure SAP A ea 9. Density 150 du±ac max.' BUILDING SETBACK a. Principal Front 10 ft. min.: 10 ft. min, above 8'" Story b. Secondary Front 5 ft min.: 110 ff, min. above 8'^ Story c. Side 0 ft. min.; 20 ft. min. above 8' Story d. Rear 0 ft. min.; 20 ft. min. above 8' Story e. Abutting side or rear T3 Pedestal: 1011. min.: 20 ff. rain from the (MCID-1FJLes Ateller 8th to the 12th Story; 30 ft. min. above the only) 12th Story BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a COmmMn Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Sloop permitted f. Shopfront 12 permitted ("TC L sr.d r� 12— .., el 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan L Cantrle_er penmitted BUILDING HEIGHT e. Min. Height 2 Stories b. Max. Height 20 Stones c. Max. Benefit Height N:A ' Or as modified in Diagram 9 LES BUREAUX (MClD•1 W) & LES ATELIERS (MCID-1 E) BUILDING PLACEMENT PARKING PLACEMENT WITHIN SAP AREA WITHIN SAP AREA rl zd urr t4d' ae taw SU%min. min.t min 0 m•n 4 ►4 Pta ad BUILDING HEIGHT WITHIN SAP AREA Mac 1.40 A3lfrINGSCE 8WAR i Uri 2dEk Submitted into the public record fir itea (s 1. °�' ity Clerk BUILDING DISPOSITION WITHIN SAP AREA LOT OCCUPATION a. Lot Area 5,000 s.L min.; �ev""-"100--J. r .. b. Lot Width 50 if min. c. Lot Coverage - 1-8 Stories 90A max. tfl0°5 max. fn aggregate wilhm enure SAP Areal - Above 8`^ Story 18.000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. tl. max. Floorptate for Office & Commercial d. Floor Lat Ratio (FLR) N/A e. Frontage al front Setback 70% min. untess olherwlse by SAP Permit F. Open Space p j0`4 Lot Area rein. in aggrimile wan enlrre SAP Area 9. Density 150 dulae max. - BUILDING SETBACK a Principal Front 10 ft. min.; 10 8. min. above 8'^ Story b. Secondary Front 5 ft. rnin.; 10 II. min. above 8" Story c. Side 0 f;. min.; 20 ft. min. above 8' Story d. Rear 0 ft. min.: 20 ft. mtn. above 8' Story BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a. Common Lawn prohibited b. Porch 8 Fence prohibited c. Terrace or L.C. prohibited d, Forecourt permitted e, Stoop permitted I. Shopfront 12 L 18 12 permitted (TO .end col}) 0. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan L Cantilever permitted BUILDING HEIGHT a, Min. Height 2 Stories b. Max. Height 24 25 Stories c. Max. Benefit Height NIA ' Dr as modified in Diagram 9 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 (NICID-2) LES RESIDENCES BUILDING PLACEMENT PARKING PLACEMENT WITHIN SAP AREA IX PM IRP LIP WITHIN SAP AREA s ❑min y 50% 0 sin 14 2d 1-11.striv BUILDING HEIGHT WITHIN SAP AREA uewn^Asoe FEAA s imiIS Submitted into the p blic record for it m(s) on ZJ'Vic/I l C ty Ierk 1.0 MIAMI 21 - JAN UARY 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 5.9 URBAN CORE TRANSECT ZONES (Di) a. Lot Area 5.000 s.f. min,; '. D.Vec.#. m7q, b. Loi Width 50 it min, c. Lot Coverage 90% max. (110 % max. m aggregate wiShin entire SAP Areal - d. Floor Lot Ratio (FLR) HVA e. Frent age at front Setback None k. Open Space is w Lot Nee mrn. m aggregate ....Ohm entire SAP Area 9. Density 36 dulac max. BUILDING SETBACK a Principal Front i0 ft. min, b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 01t. rain. BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d Forecourt permitted e. Sloop parm i€led I. Shopfronl perrnttled 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Canlilever ermined BUILDING HEIGHT a. Min. Height None b. Max. Height 16 Stories c. Max. Benefit Height NIA BUILDING PLACEMENT WITHIN SAP AREA tL( '--- 5'rnm rw - 1st ad :. gym' 3d Lwer r d63d PARKING PLACEMENT WITHIN SAP AREA 00 min 3 min m. Cr min tam tr4d30 1 BUILDING HEIGHT WITHIN SAP AREA Max. Helghl 10 B s a 1 rowm=#cark ar€w L2CKS Submitted into the public. record f r ite (s) + �. nn ti Ci Ierk 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) 6515 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 &ite mu t be fror.. major Thoroughfare a Distance separation of any Open Air Retail shall be a minlmum of 75 feet measured from any property within 73, T4-R, T5-R, or T6-R Zone. Operation limited to weekdays, weekends and legal holidays fef a 3 day.^ between the Pl..xinmm-of con6eou"vn hours of 7:00 AM and 7:00 PM. ProyF paving for stalls and spacer on of strdring 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 feet Floor Area with under square of a—valifl-4GBP—alGokil—boverage—license—shall—recteire—a tAtarranl• 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. Floor Area Exception by the shall require an with approval City Commix ion. Establishments located within an Entortainrnent District as defined Section 4 0 of the within City Code be to Exception shall not subject an permit. Submitted into the p is record or it m(s) on City Cheri 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 rein, 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: i..r_Torgeghfara 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' „ ax,m® of 3 co „t', r d s between the hours of 7:00 AM and 7:00 PM. Provfs on-ef-paving t triping-fer-stalle and paf1d Provision of onsite restroom facilities. FORA 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, a —valid 4COP alouhet,beve iieeense si Fl uyv Warfaet: 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, arm ethe b 00r efe of City—Commiss pn. t Eses ab+ at .x iti D - DISTRICT Di -WORKPLACE DENSITY jUPA} 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 rain, OPEN AIR RETAIL Aooesu to sit -must be r. T hx 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 onsite restroom facilities. FOOD SERVICE Establishments with a valid alcohol beverage license shall Submitted into the public record f r ifept(s) ��. City Clerk 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. Estalalish under 500 enuaro font of FIo e f-ea.my; ents - 1 COP .,rcoho; beYe f e nsx shalt require s yard 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 of occupying more sorrare-feet G;.,,., em rti-.0 r n E4c w;tha .at b _the ption City Commission. Establishments located an within Entertainment District defined Section 4f#of-the as within Cho shall not be cubjoct-o an Exception permit. * * * * * * * * * * 6.3 COMMERCIAL USES Submitted into the public on recordp item(s) �' , City L1erk 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 55,604 square feet of Floor Area in any T6 0 MCID, Di 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 Lois having Frontage on a Thoroughfare. By Exception in T6 0 be located Lets havieg-F onta e on one (1 j or more arterial and shall only on Ingress to the Lot be from these artedaI area not from secondary roads. and egress must provided Tho If* be be { lay collective roads or collectors. shall also served and tidily accessible traneporfation s ystems By Warrant in 01. 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 Reouiatinn Plan ;. ad Lien it shallbe . elided ,, Stfyot„rn and onsrtewi,kia., orioles 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 Al 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 Caro 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 process: 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 dinin 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 fifteenjl5) 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 subiect to the following limitations: All such saris 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. Submitted into the public record fpr iteln(s) p1. fO 1 on Zit t .1 tq Y C y Clerk MIAMI 21 - JANUARY 2018 DRAFT- 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS (IV) Submitted into the public record t r ite ,(s) on 711 I i Cit C erk (c) All such eats 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 ear-ts 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 ten eight (10 8) feet and from any adjacent permanent structures by a minimum of fivo three (5 3) feet; (i.e. there shall be a minimum five three (b 3) foot clear radius surrounding all such ea€ s Retail Merchandising Units); 2. All oats 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. All vending carts 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 Appeals Board MIAMI 21 -- JANUARY 2018 DRAFT— 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS 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; Established pedestrian flow patterns. (li) 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 safe of the following items from vending carts: (a) Flowers, plants and shrubs; vegetables, produce, citrus or other unpackaged (b) Arts and Crafts: allowed to be sold generally within the district, and subject to the restrictions sot forth herein, may be permitted by Exception: and approval; said master plan s future carts; 2. T ere"c"a' e-f p +ere-tha ne) cart pcf-each thi +ve-{.35) linear feet of street frontage except that, within courtyards, there -may -be -mere upon comp an wi} utance ; 3. Total sig+ age --slime limited to eight (8) square feet in area, heweVta ktual sign m; y— eef d �au-r-(4) sg ar -fe and there shall be no more than 2 signs per cart; 4. Lighting shall -be limited to taskling-es necessary -for -the cond, �ct of b s.iness; weed e ma imuim height of ten ( O) feet •+� �ufl � Svc v��ut.w u 1� lulu. yli�l'T * * * * * * * * * * Submitted into the pas lie r record or it m(s) U on L City Clerk MIAMI 21 —JANUARY 2018 DRAFT— 2/22/19 6.4.1 Personal Wireless Service Facilities (PWSF) 3. New Placement and Substantial Modifications MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS Submitted into the p blic record for it (s) V 11. on Zit Laity Clerk MONOPOLE OR TOWER DEVICES ROOFTOP OR ANCHORED DEVICES MCID, T5, Di Transect Zones 'Within the SAP Areal By Exception SAP Permit subject to conditions and limitations; including min. 500 feet distance requirement from any T3 or 14 designated Zone measured from nearest properly 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 speotfic facility cannot comply with the standards set forth above, an application for modifications as to such standards shall only be permissible by Exception 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 Rollo 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 properly 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 Macic City innovation District SAP Permit a. SAP Permit Submitted into the public, record fpr item(s) Y to 1can `,11. W1 i q City blerk 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. 4. 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 protects (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 75 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). B. 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), �a. Approval of Cantilever Frontage (Article 41 Table 6). 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.q). 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 5.6.14. 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 Submitted into the public record f r itep (s) on /I ' f{ . Ci Jerk MIAMI 21 — JANUARY 2018 DRAFT — 2122/19 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 5.6.51)). 28. AA. proval 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. �. 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 Submitted into the puJ ti record f r itei (s) on Z1c% 1 II Perk 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 Panning 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(g) of Miami 21. 5. 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. 6. 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 fled with the Hearing Boards Office within fifteen (15) calendar days of thejjosinq 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 Submitted into the public record for itemis) Z. G on City lerk MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 * * * * * * * * * * 9.5.6 Shrubs MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 9. LANDSCAPE REQUIREMENTS 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 Submitted into the public record f r it m(s) . on 7, it "f dty Elerk MIAMI 21 -- JANUARY 2018 DRAFT, 2/22119 10.1 GENERAL MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 10. SIGN REGULATIONS Until such time a formal signaqe package for the SAP is approved by SAP Permit as set forth below, signaqe consistent with this Regulating Plan and the Concept Book shall be permitted within the SAP Area so long as the dimensions of such signaqe is consistent with Article 10, Table 15 of Miami 21. One (1) or more formal signaqe 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 signaqe 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. ********** Submittal into the public recordd tpr ire] cs} on { Ci Jerk See attached. EXHIBIT C Development Agreement Ordinance Materials Submitted into the Pr record fir :te�]'(s} ` on 2 I City Clerk Submitted into the public record or ite (s) (11, . (J1 on 1 I Cit3 Clerk 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 ■ Y .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: 211912019 EXHIBIT D SAP Ordinance Materials See attached. Submitted into the public record D IAj l' {� + ► on ftv Clerk City Commission Submitted into the public record r ite: s) V ` on f' C ty Clert. Meeting Agenda February 28, 2019 PZ.7 ORDINANCE First Reading 4668 Department of Planning 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 _EAI3ELS 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 PHAS 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); Nelsen 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 Di to MCID-1 and MCID-2, the inclusion of new Uses, and the adoption of new regulations. F1NDING(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 Alirrmrii Page 26 Printed on 2119/2019 City Commission Meeting Agenda February 28, 2019 History: 09/27/18 City Commission DEFERRED Next: 11/15/18 RESULT: DEFERRED [UNANIMOUS] Next: 11115/2018 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: 2/2812019 9:00 AM MOVER: Ken Russell, Commissioner, District Two SECONDER: Keon Hardemon, Commissioner, District Five AYES: Kean Hardemon, Ken Russell, Wifredo (Willy) Gort, Manolo Reyes ABSENT: Joe Caroilo Submitted into the public record or ite (s) 9 7,, + a on C ty Ierk City of A land Page 27 Printed an 211912019 Submitted into the public record F t• ite (s) 1 , on /7.Et . Ci C erk 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 ACHES-(' 90 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 PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATE 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): Nelsen 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 Di to MCID-1 and MCID-2, the inclusion of new Uses, and the adoption of new regulations, FJNDING(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: 2119/2019 ,Is • City of Miami Legislation Ordinance Enactment Number Submitted into the public record f r ite (s) f. on 7,./ i q . City City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.Gom 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 ACRE 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 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 "C' , 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" M8gio- and "MCI❑-2," Magic City Innovation District ; and UP- AA ate Zeti,D WHEREAS, tfi western portion of 6001 Northeast 2 Avenue and t e entirely or6041 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 NMiari File lf): 4668 (Revision: A) Printed On: 2/19/2019 Submitted into the public record ��(J �s) t Oil Ci .lei 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 0 2nd Building; and IA iOA NI c t,t a WHEREAS, the M ►c City SAF' proposes approximately , , ' square feet o development Ge44e03t;i,y 2,630 residential dwelling units' , "� pro/v.41 WHEREAS, the Magic City SAP will facilitate the development of a mixed -use innovation 0 district comprised of the aforementioned uses; and WHEREAS, the Magic City SAP will integrate public improvements and infrastructure -4 while providing greater flexibility resulting in a higher quality and specialized building and streetscape design; and I WHEREAS, rejects such as the Magic CitySAP ar e ? g 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 Regulating Plan and CConri pt _ , ed and incorporated herein as , _ .., ; and �i hiLl R 'U 0111 0M'L N to / WHEREAS, the Planning Department recommends the folio agic City SAP: ) The development shall be substantially in accordanc SAP as prepared by Arquitectonica and Kimley Hor pages, date stamped received by H on with . _ s tit d Magic consisting of si-three (63) e 21, 201 as most recently 2) The App mply with the requirements of all applicable departments/agencies as part of the City's building permit submittal process. Te'.c CV of Miami pli an ha per Ada se n e P rn } iceeGslosssrtehse AfI t S �ttl N ee k • Fife ID: 4668 (Revision: A) Printed ❑n:2119/2019 Submitted into the public record f r iterp(s) Q onWA( /rIt City Clerk 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. 1O) 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: 2/1912019 Submitted into the public iI record f ite s) T L. U are �./�. X Q Ci y Clerk 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 dots 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 ("FOOT"), 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 Submitted into the public record f r ite (s) on Z �t. Cit ' C erk the Development Agreement runs with the land and is binding an 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 Fife ID: 4668 (Revision: A) Printed On: 2119/2019 Submitted into the public record foj item s) on Cit' CI.'ft 34) The Applicant, owner, or successor shall propose specific resilience measures that will apply to the Magic City SAP. Those measures shall be reviewed by the Department of Resilience and Public Works prior to Second Reading at the City Commission. 35) The Applicant, owner, or successor shall address all inconsistencies of the companion Comprehensive Plan Amendment (File ID 4458) analysis prior to Second Reading at the City Commission; and WHEREAS, the 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 ti 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, adapted 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 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, with conditions, of the proposed Magic City SAP as hereinafter set forth; 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 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMi, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated erei . ull set forth in this Section. Section 2. The Zoning Atlas ❑r+inance No. 1' 114, as amended, ". " k' `_..__mc.,� y changing the zoning classification from "T5-0," Urban Center Transect Zone — Open, and D1 " Work Place, to "MCiD-1" _ • • - ■ and "MCID-2," Magic City Innovation Distric -ule (oat ?mac Section 3. The Magic City SAP, including t e an, e Incorporated as Exhibit'•B", and the Concept Book, attached and incorporated as Extii+it 'C , City of Miami File iD: 4668 (Revision; A) Printed On: 2/1912 Submitted into the public record f ite {s) on L 1 �l 1 . Ci Clerk 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; The Magic City SAP will efficiently use existing public and civic spaces; 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. f. g. Section 5. The Regulating Plan and Concept Book for the Magic City SA submitted to the Hearing Boards Section of the Planning Department on updated , shall be relied upo .enerally f•r administrate a irate ogotek CM fit 5 •. • , • - . �e ry e • anning repartment an herein in this Ordinance are incorporated and adopted as conditions of the City Commission 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.' 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 103: 4668 (Revision: A) Printed On: 2/19/2019 APPROVED AS TO FORM AND CORRECTNESS: Submitted into the public record for item s} 011 L t ��• Cit C erk City of Miami File ID: 4568 (Revision: A) Printed On: 211912019 Submitted into the public record r r iten {sr�) on t / l Ci C erk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Francisco Garcia FROM: Joseph Eisenberg Good afternoon Mr. Garcia, DATE: 10/26/2018 FILE: SUBJECT Magic City SAP Response to Conditions REFERENCES ENCLOSURES 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 Staffs 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% AM!, which it the threshold at which Miami 21 begins to count workforce housing as a public benefit. Conditions 6-26: Sufficiently addressed. Submitted into the public record i'nr itct t(s) �{ on Cit C:ier 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.