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HomeMy WebLinkAboutExhibit B SUBTHIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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 Development Agreement (this "Agreement") is made and entered into this day of , 2019, by and between and (i) the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida (the "City"), and (ii) MCD Miami, LLC, a Delaware limited liability company ("MCD Miami"), Magic City Properties I, LLC, a Delaware limited liability company, Magic City Properties II, LLC, a Delaware limited liability company, Magic City Properties III, LLC, a Delaware limited liability company, Magic City Properties IV, LLC, a Delaware limited liability company, Magic City Properties V, LLC, a Delaware limited liability company, Magic City Properties VI, LLC, a Delaware limited liability company, Magic City Properties VII, LLC, a Delaware limited liability company, Magic City Properties VIII, LLC, a Delaware limited liability company, Magic City Properties IX, LLC, a Delaware limited liability company, Magic City Properties X, LLC, a Delaware limited liability company, Magic City Properties XI, LLC, a Delaware limited liability company, Magic City Properties XIV, LLC, a Delaware limited liability company, Magic City Properties XV, LLC, a Delaware limited liability company, Magic City Properties XVI, LLC, a Delaware limited liability company, Magic City Properties XVII, LLC, a Delaware limited liability company, Magic City Properties XVIII, LLC, a Delaware limited liability company, Magic City Properties XIX, LLC, a Delaware limited liability company, Magic City Properties XX, LLC, a Delaware limited liability company, Magic City Properties XXI, LLC, a Delaware limited liability company, Magic City Properties XXII, LLC, a Delaware limited liability company, Magic City Properties XXIII, LLC, a Delaware limited liability company, Magic City Properties XXIV, FILE NO. 4716 - Exhibit B SUB 1 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT LLC, a Delaware limited liability company, Magic City Properties XXV, LLC, a Delaware limited liability company, Dragon Global Miami Real Estate Investments, LLC, a Florida limited liability company, Lemon City Group, LLC, a Florida limited liability company, and Imperial Capital Group, LLC, a Florida limited liability company (collectively, the "Developer"). The City and the Developer are together referred to herein as the "Parties". WHEREAS, the Developer is the fee simple owner of approximately seventeen point seventy-five (17.75) acres of abutting land located in the Little Haiti neighborhood of the City (collectively, the "SAP Area" or "SAP Property"); and WHEREAS, the location of the SAP Area within the jurisdictional boundaries of the City is shown in detail on the aerial map, along with corresponding addresses and legal descriptions, attached at Exhibit "A"; and WHEREAS, the SAP Area is currently underutilized, consisting of either (i) vacant and underdeveloped lots, or (ii) outdated (and often dilapidated) low-rise warehouse and light industrial structures which do not contribute to pedestrian activity or contemporary commercial and retail growth, given the SAP Property's central location within the City and its proximity to the popular Little Haiti Soccer Park; and WHEREAS, the revitalization of SAP Area is consistent with the City's vision to foster vibrant entrepreneurial and pedestrian -oriented communities that will attract residents, visitors and businesses alike; and WHEREAS, the Developer wishes to contribute to the revitalization of the SAP Area and surrounding communities by redeveloping the SAP Property into a pedestrian -oriented, mixed -use urban campus with an eclectic mix of uses that integrates future mass transit options and will make the SAP Area a premier destination for innovation, technology, entrepreneurship, entertainment, art and culture, education, wellness and other creative enterprises to be known as the Magic City Innovation District; and WHEREAS, the current underutilized status of the SAP Property is inconsistent with the City's visions for revitalization of the local community and of supporting innovation and entrepreneurship in technology, and the City seeks to encourage purposeful revitalization and the development of such uses within the SAP Area; and WHEREAS, the Developer wishes to contribute to the local community by providing approximately 3.8 acres of public open space/civic space within the SAP Area, including the development of an approximately 2.18 acre centralized, state-of-the-art public pedestrian promenade spanning the length of the SAP Area (the "Promenade du Grand Bois"); and WHEREAS, the SAP Property is currently designated either Light Industrial, Medium Density Restricted Commercial or Restricted Commercial on the City's Future Land Use Map, according to the Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"); and WHEREAS, the SAP Property is currently zoned either D1 (Work Place) or T5-O (Urban Center), according to the Zoning Atlas of the Miami 21 Zoning Code ("Miami 21"); and 2 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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 (as defined in Miami 21) designations of certain (but not all) of the SAP Property amended from the current designations of T5-O and D1, as applicable, to MCID-1 or MCID-2, as applicable, as illustrated on Concept Book Sheets 15- 18 and described in detail in the Regulating Plan; WHEREAS, on January 12, 2018, the Developer filed an application with the City for approval of the SAP in order to develop the SAP Area in phases as a pedestrian -oriented, mixed - use project with a range of office, commercial/retail, residential and lodging uses focused on innovation, technology, entrepreneurship, entertainment, art, culture, education, wellness and other creative enterprises, and which will include a substantial public Open Space/Civic Space Type component open to the community (collectively, the "Project"); and WHEREAS, Chapter 163, Sections 163.3220-163.3243, Florida Statutes (2018), "The Florida Local Government Development Agreement Act", as amended from time to time, authorizes and provides for local governments to enter into development agreements with any person or entity having a legal or equitable interest in real property located within its jurisdiction; and WHEREAS, as a condition to the City's final approval of the SAP, the Developer and the City must enter into and record a development agreement pursuant to Section 3.9.1.f of Miami 21; and WHEREAS, the lack of certainty in the development approval process can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, assurance to the Developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning and reduces the economic costs of development; and 3 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT WHEREAS, the City Commission pursuant to Ordinance No. 19- adopted on , has authorized the City Manager to execute this Agreement upon the terms and conditions set forth below, and the Developer has been duly authorized to execute this Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth herein: 1. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to all Parties and thus adequate consideration for this Agreement. 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural, and words in plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof', "hereto" and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties agree that this Agreement shall not be more strictly construed against either the City or the Developer, as all Parties are drafters of this Agreement; and (f) The recitals are true and correct and are incorporated into and made a part of this Agreement. The attached exhibits shall be deemed adopted and incorporated into the Agreement; provided, however, that this Agreement shall be deemed to control in the event of a conflict between the attachments and this Agreement. 3. Definitions. Capitalized terms which are not specifically defined herein shall have the meaning given in Miami 21. "Agreement" has the meaning given in the Preamble to this Agreement. "Assumption" has the meaning given in Section 29 of this Agreement. "CBE" has the meaning given in Section 16(g) of this Agreement. "CSBE" has the meaning given in Section 16(g) of this Agreement. "CDD" has the meaning given in Section 29 of this Agreement. "City" as introduced in the Preamble to this Agreement, 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 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT "City Charter" means the municipal Charter of the City of Miami, as amended through and in effect on the Effective Date. "City Code" means the City of Miami Code of Ordinances, as amended through and in effect on the Effective Date. "City Manager" means the City Manager of the City or his or her designee. "Comprehensive Plan" as introduced in the Recitals to this Agreement, means the local government comprehensive plan known as the Miami Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163, Florida Statutes (2018), meeting the requirements of Section 163.3177, Florida Statutes (2018), Section 163.3178, Florida Statutes (2018) and Section 163.3221(2), Florida Statutes (2018), which are in effect as of the Effective Date. "Community Benefit Contribution" has the meaning given in Section 16(b)(2) 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/Ti Ayiti, Inc., a Florida not -for -profit corporation. "Concerned Leaders Project Reserve" has the meaning given in Section 16(b)(3) of this Agreement. "Contractors" has the meaning given in Section 16(g) of this Agreement. "County" means Miami -Dade County, a political subdivision of the State of Florida. "Current Contribution Rate" has the meaning given in Section 16(b)(2) of this Agreement. "Developer" has the meaning given in the Preamble to this Agreement. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels and such other activities described in Section 163.3221(4) Florida Statutes (2018). "Development Permit" includes any building permit, zoning permit or approval, subdivision approval, rezoning, certification, special exception, variance or any other official action or approval of local government having the effect of permitting or authorizing the development of Land. 5 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT "Effective Date" means the date of recordation of this fully -executed Agreement in the Public Records of the County. "Existing Zoning" is (i) Miami 21, as amended through and in effect as of January 2018 and attached hereto at Exhibit "D", and specifically including the Regulating Plan, Concept Book and this Agreement approved for the SAP, incorporating any modifications to the Miami 21 Transect Zone designations and Development standards applicable to the SAP Area under the Regulating Plan, Concept Book and this Agreement; and (ii) the provisions of the City Charter and City Code which regulate development, as amended through and in effect on the Effective Date, which together comprise the effective land development regulations governing Development of the SAP Area as of the Effective Date. "First Approval Benefit Contribution" has the meaning given in Section 16(b)(2) of this Agreement. "Initial Benefit Contributions" has the meaning given in Section 16(b)(2) of this Agreement. "Initial Benefit Contribution Floor Area" has the meaning given in Section 16(b)(2) of this Agreement. "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations and rules adopted by a local government affecting the development of Land. "Little Haiti" means the Little Haiti neighborhood as officially recognized by the City. "Little Haiti Community Revitalization Trust" has the meaning given in Section 16(b)(2) of this Agreement. "MCD Miami" has the meaning given in the Preamble to this Agreement. "Motorsport.com Building" has the meaning given in Section 16(b)(2) of this Agreement. "Miami 21" as introduced in the Recitals to this Agreement, means the Miami 21 Code, the Zoning Ordinance of the City enacted by City Ordinance No. 13114, as amended through and in effect as of January 2018 and attached hereto at Exhibit "D". "Minimum Public Open Space" has the meaning given in Section 16(a) of this Agreement. "Palm Grove" has the meaning given in Section 16(m) of this Agreement. 6 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT "Parking Management Program" has the meaning given in Section 19 of this Agreement. "Parties" has the meaning given in the Preamble to this Agreement. The term Parties shall also include the successors, grantees, heirs and assigns, as applicable, of any Party. "Permanent Parking Facilities" has the meaning given in Section 19(b) of this Agreement. "Planning Director" means the Director of the City's Planning Department or his or her successor or designee. "Project" has the meaning given in the Recitals to this Agreement. "Promenade du Grand Bois" as introduced in the Recitals to this Agreement, means the approximately 2.18 acre privately -owned Public Open Space and Civic Space Type (as defined in Miami 21) intended to provide enhanced connectivity and commercial and non-commercial activation within the SAP Area, as illustrated in greater detail in the Concept Book and Regulating Plan. "Property Interest" means any interest or rights in any SAP Property, including without limitation, fee simple or other ownership, leasehold, master covenant, condominium, transferable development right, air right, easement or license interests or rights. "Public Facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, streets, parking and health systems and facilities. "Public Open Space" collectively means those certain areas designated by the Developer within the SAP Area for Open Space (as defined in Miami 21), centralized public Open Space and/or Civic Space Types (as defined in Miami 21), consisting of approximately 3.8 acres in total and as illustrated in detail in the Concept Book. Public Open Space shall generally be unimproved by permanent buildings, open to the sky and reserved for public use, as further provided and modified by this Agreement, the Concept Book and Regulating Plan. Public Open Space specifically includes the Promenade du Grand Bois. "Regulating Plan" as introduced in the Recitals to this Agreement, means the Regulating Plan for the SAP approved by the City, consisting of specific modifications to Miami 21 and applicable to all Development within the SAP Area, attached hereto at Exhibit "B", as the same may be amended. "SAP" as introduced in the Recitals to this Agreement, means the Magic City Innovation District Special Area Plan, inclusive of the Regulating Plan, Concept Book and this Agreement where applicable. "SAP Area" or "SAP Property" has the meaning given in the Recitals to this Agreement. 7 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT "SAP Campus Zone" means each of the four (4) SAP campus zones delineated on Sheet 22 of the Concept Book and also described as follows: • Le Marche DuPuis: The western corridor SAP Campus Zone containing all the SAP Property with T5-O Transect Zone designations and located adjacent to NE 2nd Avenue. • Les Bureaux: The western core SAP Campus Zone containing all the SAP Property with MCID-1 Transect Zone designations located west of the central MCID-2 Transect Zone area. • Les Residences: The central core SAP Campus Zone containing all the SAP Property with MCID-2 Transect Zone designations, and also the SAP Property with D 1 Transect Zone designations located south of NE 60th Street. • Les Ateliers: The eastern core SAP Campus Zone, containing all the SAP Property with MCID-1 and D1 Transect Zone designations located east of the central MCID-2 Transect Zone area, and extending to NE 4th Court. "SAP Development Program" means the proposed development program for the SAP, as detailed conceptually at Sheet 46 of the Concept Book, including the proposed Uses (as defined in Miami 21) for the SAP and required parking associated therewith to be developed within the SAP Area in accordance with the Regulating Plan and this Agreement. The SAP Development Program specifically excludes Surplus Parking. "SAP Floor Area Capacity" has the meaning given in Section 8(c) of this Agreement. "SAP Transportation Trust Fund Contribution" has the meaning given in Section 20 of this Agreement. "SBE" has the meaning given in Section 16(g) of this Agreement. "Second Approval Benefit Contribution" has the meaning given in Section 16(b)(2) 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. 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 8 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of public benefits. 5. Intent. The Developer and the City intend for this Agreement to be construed and implemented so as to effectuate the purpose of the Magic City Innovation District SAP (including the Regulating Plan and Concept Book), this Development Agreement, the Comprehensive Plan, Miami 21, the City Charter, the City Code and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes (2018). 6. Legal Description of SAP Property; Names of Legal Owners; Applicability. This Agreement only applies to the SAP Property contained within the SAP Area, as identified and legally described in Exhibit "A" hereto, which includes the SAP Property's owners and individual legal descriptions of each parcel. 7. Term of Agreement; Effective Date and Binding Effect. This Agreement shall have a term of thirty (30) years from the Effective Date (the "Term") and shall be recorded in the public records of the County and filed with the City Clerk. The Term may be extended by mutual consent of the Parties subject to a public hearing, pursuant to Section 163.3225, Florida Statutes (2018). This Agreement shall become effective on the Effective Date and shall constitute a covenant running with the land that shall be binding upon, and inure to, the benefit of the Parties, their successors, assigns, grantees, heirs, legal representatives and personal representatives. 8. Permitted Development Uses; Building Densities and Intensities. (a) Magic City Innovation District SAP Designation. The City has designated the SAP Property as the "Magic City Innovation District SAP" on the official Zoning Atlas of the City, pursuant to the applicable procedures in Miami 21. The specific Transect Zone designations applicable to properties within the SAP Area shall be as set forth on Sheets 17-18 of the Concept Book. This Agreement, the Regulating Plan and Concept Book, as applicable, provide for any deviations from the underlying regulations of Miami 21 (including the Development standards for each Transect Zone within the SAP Area), and shall be applicable to all Development within the SAP Area as set forth therein. In approving the SAP, the City has determined that the uses, intensities and densities of development permitted thereunder are consistent with the Comprehensive Plan and the Existing Zoning. (b) Density, Intensity, Uses and Building Heights. 1. As of the Effective Date and pursuant to the Magic City Innovation District SAP, the density and intensity proposed for the SAP are permitted by the Existing Zoning and are consistent with the Comprehensive Plan. 9 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. 5. In the event the City should amend the Comprehensive Plan to permit the transfer of densities within a specified area so as to permit densities in excess of the density limits set forth in a particular Future Land Use Map category, nothing herein shall prohibit the Developer from requesting such density transfers within the SAP. (c) Development of Floor Area within the SAP Area. The total Floor Area (as defined in Miami 21) that may be developed within the SAP Area is eight million one hundred sixty-four thousand one hundred forty (8,164,140) square feet (the "SAP Floor Area Capacity"), limited within each SAP Campus Zone as follows: 1. Le Marche DuPuis: A maximum of forty-five thousand two hundred (45,200) square feet of Floor Area may be developed within Le Marche DuPuis, all of which shall be allocated to the SAP Development Program with zero (0) additional Floor Area for Surplus Parking. 2. Les Bureaux: A maximum of nine hundred fifty-three thousand two hundred seventy (953,270) square feet of total Floor Area may be developed within Les Bureaux, with (i) eight hundred forty-six thousand twenty (846,020) square feet of Floor Area allocated to the SAP Development Program and (ii) an additional one hundred seven thousand two hundred fifty (107,250) square feet of Floor Area allocated to Surplus Parking. 3. Les Residences: A maximum of three million four hundred ninety-nine thousand six hundred (3,499,600) square feet of total Floor Area may be developed within Les Residences, with (i) three million two hundred forty-six thousand eight hundred fifty (3,246,850) square feet of Floor Area allocated to the SAP Development Program and (ii) an additional two hundred fifty-two thousand seven hundred fifty (252,750) square feet of Floor Area allocated to Surplus Parking. 4. Les Ateliers: A maximum of three million six hundred sixty-six thousand seventy (3,666,070) square feet of total Floor Area may be developed 10 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. (a) The Comprehensive Plan in effect on the Effective Date, the Existing Zoning and this Agreement shall govern the development of the SAP Area for the duration of this Agreement. The City's laws and policies adopted after the Effective Date may be applied to the SAP Area only if the determinations required by Section 163.3233(2), Florida Statutes (2018) have been made after thirty (30) days written notice to the Developer and following a public hearing or as otherwise provided herein. (b) This prohibition on downzoning supplements, rather than supplants, any rights that may vest to the Developer under Florida or Federal law. As a result, the Developer reserves the right to challenge any subsequently adopted changes to land development regulations which are in conflict with this Agreement based on (a) common law principles including, but not limited to, equitable estoppel and vested rights, or (b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (2018). The City reserves all its defenses, immunities and any claims it may have in response to the Developer's foregoing right to challenge any subsequently adopted changes to land development regulations. 10. Future Development Review. Future development within the SAP Area shall proceed pursuant to the processes and in accordance with the design requirements set forth in the Regulating Plan and Concept Book attached hereto, although the City and the Developer agree that the Concept Book shall serve as an illustrative guiding document and the City shall not withhold development approvals for the SAP Area if otherwise in substantial compliance with the guidelines and processes of the SAP. The criteria to be used in determining whether future development shall be approved is the proposed development's consistency with the Comprehensive Plan, this Agreement and the SAP. 11. Phased Development. The Developer and the City agree that the Project may be developed by multiple parties in one (1) or more phases over the life of the Project. Attached as Exhibit "E" 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. 11 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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 replacement on public property in the following order of priority: (i) within a one (1) mile radius of the SAP Area; or (ii) within any City park subject to approval by the City. The City further agrees aid in the facilitation of the permitting and planting of replacement trees on all public rights -of -way within the SAP Area, within a one (1) mile radius of the SAP Area and within City parks. The Developer does hereby agree to water, trim, root, prune, brace, nourish or undertake any other necessary maintenance of the trees it plants, as may be required by the terms of this Agreement or by the Resilience and Public Works Department (or its successor), or the City Arborist for the Term of this Agreement. The Developer further agrees to warrant each off -site replacement tree for one (1) year after the date of installation. The Developer shall be responsible for the adequate maintenance and care of these trees for the term of this Agreement and shall obtain any applicable permits. (b) SAP Area tree installation, maintenance and guarantee. For all trees placed within the SAP Area, the Developer shall install any needed irrigation and corresponding water meters to support the growth and viability of the trees located within the right-of-way. The Developer shall agree to water, trim, root, prune, brace or undertake any other necessary maintenance as may be required for trees located within the SAP Area for the term of this Agreement. The Developer further agrees to warrant each SAP Area tree for the Term of this Agreement after installation. A tree removal permit shall be required for all removal, relocation and mitigation of trees within the SAP Area. (c) Tree installation. The Developer shall install trees opportunistically within the public right-of-way, subject to approval by the appropriate City department. (d) Staff Arborist Review. Tree installation and tree maintenance plans shall be administratively reviewed and approved by a City staff arborist. 13. Construction of Encroachments in Public Rights -of -Way. The City finds that any existing pedestrian -related encroachments in the public right-of-way which the Developer plans to retain as well as the SAP -related pedestrian -related encroachments proposed by the Developer in the public right-of-way (e.g., a pedestrian overpass over the proposed 12 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT modifications to NE 4th Avenue), as illustrated in the Concept Book, do not unduly restrict the use of the public right-of-way and are an essential element in the construction of the Public Open Spaces and Civic Spaces to be included in the SAP Area. The adoption of this Agreement shall serve to satisfy the requirements of Section 55-14(b) of the City Code. Further, notwithstanding the requirements of Section 55-14(c) of the City Code, the City agrees to waive any and all claims to payment of a user fee in connection with the construction or maintenance/retention, as applicable, of the aforementioned encroachments proposed by the SAP within the public rights -of -way and the use of the same for both vehicular and pedestrian travel and parking, as applicable. This Agreement shall also satisfy the requirements of Section 55-14(d) of the City Code. In consideration for authorization the construction or maintenance/retention, as applicable, of the aforementioned encroachments, the Developer further covenants to: 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 Chapter 85, Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the 13 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT provisions of Chapter 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. 5. The Developer shall hold harmless and indemnify the City, its officials and employees from any claims for damage or loss to property and injury to persons of any nature whatsoever arising out of the use, construction, maintenance or removal of the pedestrian overpass or any other encroachment and from and against any claims which may arise out of the granting of permission for the encroachment(s) or any activity performed under the terms of this Agreement. 14. Street Closure and Vacation. A critical element to the success of the SAP Area's Public Open Space and Civic Space is the modification and re-routing of NE 4th Avenue as illustrated in the Concept Book. In accordance with Chapters 54 and 55 of the City Code, the Developer intends to seek the approval of the vacation and closure of public rights -of -way for the purpose of being incorporated into the SAP Area and effectuating the proposed modifications to NE 4th Avenue, including the following: (i) NE 4th Avenue between NE 60th and NE 62nd Streets; and (ii) the short NE 61st Street extension immediately to the east of the intersection with NE 2nd Avenue. 15. Preservation of the DuPuis Medical Office & Drugstore Building. The Developer agrees to 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). The Developer further agrees to complete the preservation of the DuPuis Medical Office & Drugstore building, and to obtain a Temporary Certificate of Occupancy or Certificate of Occupancy for the same, pursuant to either subsection (i) or (ii), above, within ten (10) years of the date on which the City and County agree in writing on the preservation plan for the building. 14 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. 1. With each phase of SAP development (as conceptually shown on Exhibit "E"), the Developer shall construct a corresponding amount of the Minimum Public Open Space consisting of that portion of the Minimum Public Open Space contained within or directly abutting the parcels included in each such phase of SAP development. 2. All sections of the Promenade du Grand Bois shall have a minimum width (north -south) of at least fifty (50) feet. In addition, the Promenade du Grand Bois shall, once fully complete, have an overall average width of ninety (90) feet along its entire length. 3. The Developer shall not be required to dedicate, reserve or otherwise dispose of any land within the SAP Area for the Public Open Space. The Developer shall retain ownership of the Public Open Space but shall allow public access to, and public use of, the Public Open Space at a minimum during the hours from 6:00 a.m. to 12:00 a.m. (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 12:00 a.m. (midnight) to 6:00 a.m., 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. 15 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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) nonconsecutive 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 and/or provide for extra security and policing as required by the City's Police Department. 6. The Developer shall maintain and operate the Public Open Space, including pursuant to any applicable specific maintenance standards as mutually agreed by the Developer and the City. (b) Community Benefit Contribution. 1. Little Haiti Community Revitalization Trust. The City shall, no later than ninety (90) days from the date of final and unappealable approval of the SAP, establish a new community revitalization trust fund (the "Little Haiti Community Revitalization Trust") to collect and maintain specified cash contributions by the Developer pursuant to this Section 16(b), and distribute such funds for the purpose of providing community benefits in Little Haiti. 2. Cash Contributions. The Developer shall make cash contributions to the Little Haiti Community Revitalization Trust in a cumulative amount of up to Thirty -One Million and 00/100 Dollars ($31,000,000.00) (the "Community Benefit Contribution"), in accordance with the following terms and requirements: For each year during the Term, the rate of Community Benefit Contribution payments per square foot of Floor Area (as defined in Miami 21) shall be as set forth in the below chart (for each year, the "Current Contribution Rate"), to be paid by the Developer into the Little Haiti Community Revitalization Trust in accordance with this Section 16(b). Current Contribution Rate for Each Year Rate Per S.F. Floor Area Term Year $4.03 Year 1 $4.48 Years 2 — 3 $4.81 Years 4 — 5 $5.16 Years 6 — 7 16 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT $5.54 Years 8 — 9 $5.95 Years 10 — 11 $6.38 Years 12 — 13 $6.85 Years 14 — 30 ii. 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"). iii. 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 the Current Contribution Rate for year one (1) of the Term, to be offset in each applicable building permit against the total amount of the Initial Benefit Contributions (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. iv. 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 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 Current Contribution Rate applicable at such time, until the remaining Twenty -Five Million and 00/100 Dollars ($25,000,000.00) is satisfied. v. 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 (the "Motorsport.com Building"), as shown on Page 43 of the MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. vi. 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. vii. 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. viii. Prior to the earlier of (i) the expiration of the Term (including any extension thereof) or (ii) the City's issuance of the final Certificate of Occupancy for the development of all the SAP Floor Area Capacity, the Developer shall be required to have made a cumulative minimum amount of Community Benefit Contribution payments totaling Twenty -Four Million One Hundred Eighty Thousand and 00/100 Dollars ($24,180,000.00), regardless of whether the Developer has constructed the corresponding amount of Floor Area within the SAP Area. The Initial Benefit Contributions shall apply and be credited towards this cumulative minimum amount. 3. Use of Community Benefit Contribution. The Parties agree that all Community Benefit Contribution funds deposited in the Little Haiti Community Revitalization Trust shall be used only for the following purposes: One hundred percent (100%) of the Community Benefit Contribution shall be restricted to use within the Little Haiti neighborhood for economic development and job creation programs (including local small business development and local workforce participation and hiring programs), the development of affordable and workforce housing, community educational programs, the beautification of NE 2nd Avenue and other areas in 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). 18 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT Little Haiti, and/or the creation and improvement of public parks. The Community Benefit Contribution shall not be used for any other project, program or purpose. The City's Ordinance(s) and/or Resolution(s) evidencing the formal approval and establishment of the Little Haiti Community Revitalization Trust shall contain corresponding language placing the same restrictions on use of the Community Benefit Contribution. ii. Five Hundred Thousand and 00/100 Dollars ($500,000.00) of the First Approval Benefit Contribution, Five Hundred Thousand and 00/100 Dollars ($500,000.00) of the Second Approval Benefit Contribution and twenty percent (20%) of the remaining Community Benefit Contribution (for a cumulative total of Six Million and 00/100 Dollars ($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 and approved by the Little Haiti Community Revitalization Trust (the "Concerned Leaders Project Reserve"). Twenty percent (20%) of each payment of the remaining Community Benefit Contribution following the Initial Benefit Contributions shall be allocated to the Concerned Leaders Project Reserve, up to the cumulative total of Six Million Dollars and 00/100 ($6,000,000.00) reserved for such purposes hereunder. (c) Identification of Affordable Housing Site. The Developer shall support, work and collaborate with the City in the acquisition or identification of one (1) or more development sites within Little Haiti, on land owned by the City, County, non- profit or charitable organization or private party, that shall accommodate a minimum of one hundred thirty-two (132) units of Affordable Housing (as defined in Miami 21). The development of such Affordable Housing shall be funded, in whole or part, by Community Benefit Contribution payments made by the Developer to the Little Haiti Community Revitalization Trust in accordance with Section 16(b) above. (d) Historic Lemon City/Little Haiti Creole District Design Guidelines. The Developer acknowledges the importance of preserving as well as enhancing the rich cultural history and aesthetic heritage of the Little Haiti community. To such end, the Developer agrees that it shall use diligent, good faith efforts to assist and cooperate with the City in collaborating with the Concerned Leaders of Little Haiti, 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 of which is attached at Exhibit "F"). 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 19 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT NE 71st Street, and shall not be extended to any portion of the SAP Area not already subject to the Historic Lemon City/Little Haiti Creole District Design Guidelines on the date hereof. (e) 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. (f) Magic City Innovation District (MCID) Foundation. The Developer has created the Magic City Innovation District (MCID) Foundation to support local economic and community development efforts in the Little Haiti community. The foundation may provide programs to the local community including micro -loans for local businesses, special jobs training, housing programs, educational programs for local residents, classes or workshops on entrepreneurship and cultural programs. (g) 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 (i) the City's CareerSource South Florida center located at the Lindsey Hopkins Technical Center at 750 NW 20th Street, 4th Floor, Miami, FL 33127, (ii) other local and/or state economic development entities and local educational institutions, and (iii) the Haitian Neighborhood Center Sant La, Inc. at 13390 West Dixie Highway, North Miami, FL 33161, and Konscious Kontractors, Inc. at 1060 NE 80th Street, Miami, FL 33138, 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: 20 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT i. The Developer and its Contractors, as applicable, shall adhere to the following descending hierarchy with respect to hiring objectives and practices within the SAP Area: a. Residents of the City's Little Haiti neighborhood in the following zip codes: 33137, 33138, 33150 and 33127 (and any additional zip codes added during the Term to the Little Haiti neighborhood as formally recognized by the City). 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(g)(1)(i)(a) or (b) are qualified or can be qualified within a reasonable amount of time, then City residents who reside outside the above targeted City areas and zip codes. d. If no residents described above at Section 16(g)(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(g)(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(g)(1) is to encourage the Developer and its Contractors to hire as many qualified persons from Little Haiti and other 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(g)(1)(i). 2. Local Workforce Participation in Construction Activities. The Developer shall require its Contractors to use good faith, best efforts to employ a MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT minimum of twenty percent (20%) of on -site labor from persons residing within the City's municipal boundaries. 3. Job Sourcing. The Developer shall require its Contractors to use good faith, best efforts to work with workforce development agencies and organizations to source job opportunities for both skilled and unskilled laborers seeking employment opportunities within the construction industry. 4. Community Business Enterprise ("CBE"), Community Small Business Enterprise ("CSBE") and Small Business Enterprise ("SBE"). The Developer shall require its Contractors to use good faith, best efforts to award a minimum of twenty percent (20%) of direct construction contract costs to subcontractors which are certified as CBE by the County. ii. The Developer shall require that seven and one-half percent (7.5%) of the professional services contracts for soft development costs including without limitation, design, engineering, survey, inspection, testing and legal services, shall be awarded to firms certified by the County as CBE, CSBE or SBE at the time the contract is signed. iii. The Developer shall require that ten percent (10%) of the contractual agreements for construction and construction related materials, supplies and fixtures are awarded to firms certified by the County as CBE, CSBE or SBE at the time the contract is signed. 5. Job Opportunity Advertisements. The Developer shall require its Contractors (i) to electronically post job opportunities in the 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, the Haitian Neighborhood Center Sant La, Inc., and Konscious Kontractors, Inc., and (ii) to advertise such construction job opportunities on local Haitian radio stations serving Little Haiti, at churches within Little Haiti and via social media outlets as applicable. ii. The Developer shall advertise post -construction job opportunities made available directly by or through MCD Miami and its affiliate MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT entities on local Haitian radio stations serving Little Haiti and at churches within Little Haiti. 6. Job Creation Monitoring Contract. Within sixty (60) days of being issued a building permit for above -ground, vertical improvements for the SAP, the Developer shall designate a firm which shall be CBE/CSBE/SBE certified which shall be designated to monitor the above Local Workforce Participation, Job Sourcing, Job Opportunity Advertisement and CBE/CSBE/SBE requirements. The foregoing standards and requirements of this Section 16(g) 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, the hiring of construction laborers will also be subject to the criminal background hiring standards listed on Exhibit "G", applied on an individual basis where applicable. (h) 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. (i) Minority Internship Program. MCD Miami (or an affiliate thereof) shall establish an internship program at the SAP offering internships to qualified high school or post -secondary students and graduates who are Haitian -American or other minorities residing in the zip codes set forth above at Section 16(g)(1)(i)(a) of this Agreement. The Developer shall, in its reasonable discretion, (i) select qualified interns for the program through an application process to be established by the Developer, and (ii) determine the specific criteria of each internship (e.g., duration, time commitment, remuneration (if any) and substantive focus). (j) Educational Institution Partnership. The Developer agrees that it shall partner with one (1) or more accredited public or private post -secondary educational institutions for planning and/or programming in the Magic City Innovation District, on the following terms: 1. Minimum Educational Institution Standards. At the time the partnership is formalized, the educational institution partner shall be ranked in the top two hundred (200) "National Universities" in the United States, or in the top twenty-five (25) "Regional Colleges" in the Southern United States, in the then -current U.S. News & World Report annual rankings. At least one (1) educational institution partner shall be an accredited Florida college or university with predominantly African -American enrollment (which may be Florida Memorial University). In addition, notwithstanding the foregoing ranking criteria, an educational institution partner may also be Miami Dade College. 23 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 2. Commencement Date. The Developer shall formalize and commence the educational institution partnership no later than ninety (90) days following the date on which a Certificate of Occupancy is issued for the first new building constructed for office use within the SAP, not including the development and construction of the Motorsport.com Building. 3. Minimum Partnership Requirements. The SAP shall partner with one (1) or more qualified educational institutions for cumulative total of at least ten (10) consecutive years from the foregoing commencement date at Section 16(j)(2), with the understanding and acknowledgment that a single educational institution may not be a formal partner for the entire ten (10) year period. At a minimum, the scope of any partnership shall include (i) a component of physical indoor space within the SAP reserved for partnership activities and administration, and (ii) an incubator for startup and early -stage businesses (including local ventures) that incorporates an educational component in creating an innovation -oriented ecosystem within the SAP. (k) 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. (1) SAP Identification. The Developer shall include the words "Little Haiti" in all branding for the SAP, including social media posts, websites, projects, promotions, programming, outdoor signs and displays identifying or referencing the SAP. (m) Traffic Calming Study. The Developer shall conduct a traffic calming study to determine recommendations for alternatives to slow and deter cut -through traffic and its impact on the Palm Grove neighborhood, located within the area bounded by Biscayne Boulevard to the east, the Florida East Coast Railway corridor to the west, NE 54th Street to the south and the Little River to the north ("Palm Grove"). (n) Miami Trolley Expansion Study. The Developer shall conduct an expansion study to develop recommendations for a local circulator or trolley route to operate between Palm Grove and the SAP. (o) Palm Grove Entrance Signs. The Developer shall fund the production and installation of two (2) Palm Grove neighborhood entrance signs in the total amount of up to Ten Thousand and 00/100 Dollars ($10,000.00). 24 (p) (q) MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT Eaton Park Beautification and Parking. The Developer shall fund landscaping and fencing projects at Eaton Park (approximately located at 460 NE 61 st Street) in the total amount of up to One Hundred Thousand and 00/100 ($100,000.00). The Developer shall also cooperate with the Palm Grove Neighborhood Association in its request or application to the City and/or the Miami Parking Authority (MPA) to construct a public parking lot at the southern end of Eaton Park. Magic City Innovation District Scholarship Fund. The Developer shall endow Florida Memorial University in the total amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), to be used exclusively for a new educational scholarship fund to be named the "Magic City Innovation District Scholarship Fund," in accordance with the following terms: 1. The Developer shall provide One Hundred Thousand and 00/100 Dollars ($100,000.00) to Florida Memorial University on or before the date that is (i) forty-five (45) days from the date of final and unappealable approval of the SAP, or (ii) ninety (90) days from the date of the City Commission's final public hearing held to approve the SAP, whichever is later. 2. Beginning on the fourth (4th) anniversary of the initial payment, above, and on each anniversary thereafter, the Developer shall provide an additional Twenty -Five Thousand and 00/100 Dollars ($25,000.00), until Florida Memorial University has received the total amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) for the scholarship fund. 3. All scholarship funds shall be reserved for, and awarded to, Haitian - Americans residing in Little Haiti pursuing post -secondary degree programs in the areas of technology, computer science or a similar related field. Florida Memorial University will be subject to the foregoing criteria, in its reasonable discretion, in awarding scholarship funds. 17. Right -of -Way and Pedestrian Infrastructure Improvements. The Developer shall landscape and construct improvements to all portions of rights -of -way immediately fronting properties within the SAP Area (i.e., NE 2nd Ave., NE 3rd Ave., NE 4th Ave., NE 60th St., NE 61st St. and NE 62nd St.), in substantial accordance with the SAP thoroughfare sections shown in the Concept Book and Miami 21, as applicable. Such improvements shall include without limitation: sidewalks designed to accommodate increased pedestrian activity; crosswalks with contrasting pavers on all right-of-way immediately fronting the SAP; landscaping per the standards of the Regulating Plan and Miami 21, as applicable; paving and hardscape improvements; right-of-way improvements (e.g., the proposed rerouting of NE 4th Ave. and the extension of NE 3rd Ave.); streetscape improvements, including without limitation, benches, street lighting, wayfinding signs, trash receptacles and planters, the design of which shall be approved 25 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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) the Pedestrian Passage will result in a pedestrian connection between either (x) two (2) public rights -of -way or (y) a public right-of-way and the Promenade du Grand Bois. Where a Pedestrian Passage is required, the Developer shall have reasonable flexibility in the design, configuration and location of the Pedestrian Passage within the applicable frontage area. A Pedestrian Passage may be roofed above the first floor for one hundred percent (100%) of its length, but any roofed portion shall not count towards minimum Open Space requirements under the Regulating Plan. (b) The Developer shall also include dedicated bicycle lanes within and directly abutting the SAP Area as shown on Sheet 38 of the Concept Book. Such bicycle lanes may be created as painted or colored bicycle lanes only, and shall not be required to be protected or segregated bicycle lanes, in the Developer's discretion. (c) Attached at Exhibit "FI" 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 "FI". 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 Chapter 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 set forth on Exhibit "FI". 18. Valet Parking. The Developer intends to establish a uniform valet system to service the SAP Area generally. Notwithstanding Sections 35-305 and 35-306 of the City Code, as amended, multiple valet permits may be issued for the operation of a valet parking area immediately adjacent to or on the same side of the block of an existing valet parking area within the SAP Area where the permit applicant is the operator of the uniform valet system. 19. Parking Management Program. Parking within the SAP Area (including required parking under the Existing Zoning) shall be implemented and counted through a pooled 26 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. (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 this Agreement and the City Code, as applicable), interim and temporary parking on conditionally, unimproved and partially improved lots shall 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, such interim parking shall be permitted within the SAP Area without having to comply with permanent parking requirements on the interim lots identified by the Developer at the time a 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. Interim parking may also include valet parking service. (b) Permanent Parking. The Developer shall construct permanent parking facilities to serve each phase of development within the SAP Area in an amount which shall provide a sufficient number of permanent parking spaces to satisfy the off-street parking requirements under Miami 21 and the Regulating Plan for each new Development constructed within the SAP Area, as each phase of the SAP is constructed (the "Permanent Parking Facilities"). The Planning Director shall assess the Parking Management Program every five (5) years for permanent parking availability. Permanent Parking Facilities may consist of centralized parking facilities and/or structure parking facilities as accessory and/or principal uses. 20. SAP Transportation Trust Fund Contribution. No payments to the City (including the Little Haiti Community Revitalization Trust) nor to any other person made pursuant to this Agreement shall be subject to the City's Transportation Trust Fund, as established in Chapter 35, Article VII of the City Code. 27 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT In addition, and notwithstanding the foregoing, any parking facilities surcharge collected by the City 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 (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 for 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, two (2) retail specialty centers are hereby designated for properties located within the SAP Area as follows: 1. The West Zone Retail Specialty Center shall consist of all properties within the Le Marche DuPuis and Les Bureaux SAP Campus Zones, and the properties within the Les Residences SAP Campus Zone located west of the centerline of NE 3rd Avenue as shown in the Concept Book. 2. The East Zone Retail Specialty Center shall consist of all properties within the Les Ateliers SAP Campus Zone and the properties within the Les Residences SAP Campus Zone located east of the centerline of NE 3rd Avenue as shown in the Concept Book. The maximum number of Alcohol Service Establishments (as defined in Miami 21) permitted within the SAP Area shall not exceed five (5) per retail specialty center, for a total of ten (10), with three (3) Alcohol Service Establishments permitted as of the Effective Date and one (1) additional Alcohol Service Establishment permitted on each anniversary of the Effective Date up to ten (10) in total. Such ten (10) Alcohol Service Establishments are exclusive of (i) Food Service Establishments (as defined in Miami 21) where the sale of alcoholic beverages is entirely incidental to and in conjunction with the principal sale of food (e.g., bona fide, licensed restaurants or cafes operating with a 2- COP, 4-COP, SFS or equivalent license) and (ii) other establishments with an alcoholic beverage license which are otherwise exempt from distance separation requirements under Section 4-4 of the City Code (e.g., bona fide, licensed hotels operating with a 4- COP S or equivalent license). Notwithstanding anything to the contrary contained in Chapter 4 of the City Code (including Sections 4-4 and 4-7 thereof) or in Miami 21, the City and the Developer hereby acknowledge and agree that, within the SAP Area, (i) Alcohol Service 28 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT Establishments, (ii) Food Service Establishments and (iii) other establishments with an alcoholic beverage license which are not otherwise exempt from distance separation requirements under Section 4-4 of the City Code shall each be permitted By Right (as defined in Miami 21), in accordance with Article 4, Table 3 and Article 6, Table 13 of the Regulating Plan, and shall not require any specific administrative or public hearing approval (i.e., no Warrant or Exception under Miami 21 or Chapter 4 of the City Code) for the commencement or continuation of such establishment or use. In addition, all restrictions contained in Chapter 4 of the City Code or in Miami 21 relating to the maximum number or location of Alcohol Service Establishments, including without limitation, required distances from churches, residential districts, schools and other Alcohol Service Establishments, whether within or outside the SAP Area, shall not be applicable to any Alcohol Service Establishment within the SAP Area. In addition, notwithstanding anything to the contrary contained in Chapter 4 of the City Code (including Section 4-3 thereof), the City and the Developer hereby further agree that the permissible operating hours for alcohol sales at Alcohol Service Establishments and Food Service Establishments within the SAP Area shall be as follows: (i) for consumption on the premises, Monday — Sunday between the hours of 11:00 a.m. — 3:00 a.m., but with one (1) Alcohol Service Establishment eligible to operate between the hours of 11:00 a.m. — 5:00 a.m.; provided, however, an extension of operations to 5:00am for additional Alcohol Service Establishments may be permitted by Exception granted by the City's Planning, Zoning and Appeals Board; and (ii) for consumption off the premises, Monday — Saturday between the hours of 9:00 a.m. — 12:00 a.m. and Sunday between the hours of 9:00 a.m. — 7:00 p.m. (with permissible operating hours automatically extended until 10:00 p.m. on Sundays during the month of December). 22. Miami Trolley. The Developer acknowledges that the City may extend its trolley system further into Little Haiti and that this expansion may traverse or abut the SAP Area. The Developer agrees to cooperate with the City so that any portion of the trolley route which runs through or is immediately adjacent to the SAP Area can be reasonably accommodated within the dedicated public rights -of -way. The City agrees that, in the event the trolley system will traverse or immediately abut the SAP Area, the City will allow one (1) or more trolley stops within and/or immediately abutting the SAP Area, in full cooperation with the Developer as to the number and location of any such stops. Trolley stops located within and/or directly abutting the SAP Area shall be furnished and maintained by the Developer in a manner approved by the Planning Department; provided, however, the Developer shall not be required to furnish or maintain any trolley stop in a manner materially different or more substantial than trolley stops furnished or maintained by the City. Notwithstanding the foregoing, for any trolley stop located within or directly abutting the SAP Area, 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 (subject to City and County approval, as applicable), 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. 29 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 23. Personal Wireless Service Facilities (PWSF). The City and the Developer agree that the City shall approve, at a minimum, at least one (1) Personal Wireless Service Facility (PWSF) (as defined in Miami 21) antenna, monopole or tower to be located within the SAP Area, on a rooftop or as a standalone monopole or tower; provided that such PWSF shall comply with all requirements under, and be formally approved by the City in accordance with, the standards set forth in the Regulating Plan and Miami 21, as applicable. 24. Temporary Uses; Temporary Use Permits. (a) Except as otherwise set forth herein, temporary uses within the SAP Area shall be generally permitted in accordance with the requirements of Chapter 62 of the City Code. (b) Notwithstanding the foregoing, permits for temporary uses on vacant land within the SAP Area, issued under Section 62-535 of the City Code, shall be issued in accordance with the following: 1. Such permits shall have a duration of five (5) years with two (2) administrative extensions of one (1) year each available to the Developer, which extension shall be granted by the Planning Director and shall not be unreasonably withheld, delayed or conditioned, for a total of seven (7) years for any such permit. 2. The Developer may utilize off -site parking to satisfy the required off-street parking generated by a site plan submitted to the City for a permit for temporary uses on vacant land, provided that such off -site parking is located within 1,500 feet of the area covered by the site plan and is on land owned or leased by the Developer. (c) The City and the Developer agree that an active permit for temporary uses on vacant land for any portion of the SAP Area issued to the Developer pursuant to Chapter 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. 30 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 25. Temporary/Special Events. 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), the Developer, or its designee, shall submit a temporary and/or special event application, as applicable, for review to the appropriate City department and the Neighborhood Enhancement Team (NET) office servicing the SAP Area no less than ten (10) business days prior to the date of the event. The City hereby agrees to prioritize, and diligently and in an expedited procedure complete, its review of the application to ensure coordination of needed City services and avoid possible adverse impacts of the event. 26. City Impact Fees. As the City impact fees for development within the SAP Area become due pursuant to Chapter 13 of the City Code, the Developer shall pay said amounts to the City to be used as follows, in lieu of impact fees pursuant to Chapter 13 of the City Code. The Developer shall not be responsible for any payments above the amounts that would otherwise have been paid in City impact fees under Chapter 13 of the City Code, and all payments made under this Section 26 shall be credited towards any applicable City impact fee requirements. (a) Up to Eight Million and 00/100 Dollars ($8,000,000.00) of such funds shall be deposited in the Little Haiti Community Revitalization Trust to be used exclusively for the development and provision of Affordable Housing in Little Haiti. (b) Up to One Million and 00/100 Dollars ($1,000,000.00) of such funds shall be used for traffic calming in Palm Grove; the Planning Director shall determine when and how such funds shall be used. (c) Any additional amounts of such funds above the amounts paid pursuant to (a) and (b) shall be deposited in the City's Affordable Housing Trust Fund for the development and provision of Affordable Housing in the Flagami, Shenandoah and Little Havana neighborhoods (as such neighborhoods are officially recognized by the City). (d) Allocation of funds. 1. As such funds are paid, they shall first be deposited in the Little Haiti Community Revitalization Trust pursuant to subsection (a) above, up to the amount of Eight Million and 00/100 Dollars ($8,000,000.00). 2. Funds shall begin to be used for Palm Grove traffic calming when determined by the Planning Director, up to the amount of One Million and 00/100 Dollars ($1,000,000.00). 3. After Eight Million and 00/100 Dollars ($8,000,000.00) is deposited into the Little Haiti Community Revitalization Trust pursuant to subsection (a) above and One Million and 00/100 Dollars ($1,000,000.00) is paid for traffic calming in Palm Grove pursuant to subsection (b) above, any 31 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT additional amounts of such funds shall be paid pursuant to subsection (c) above. (e) In the event there is legally determined to be any conflict between this Section 26 and any applicable law or ordinance, the City shall thereafter allocate, and the Developer shall thereafter pay, all such funds in accordance with the applicable laws and ordinances. 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 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. Compliance with Fire/Life Safety Laws; Demolition of Unpermitted Portion of 365 NE 61st Street. (a) The Developer shall at all times in the development and operation of the Project comply with all applicable laws, ordinances and regulations including, without limitation, life safety codes to insure the safety of all SAP Area and City residents and guests. Specifically, and without limitation, the Developer will install and construct all fire and life safety equipment and water lines with flow sufficient to contain all possible fire occurrences as required by applicable laws, ordinances and regulations. (b) Subject to the issuance of any required demolition permit, the Developer shall, within ninety (90) days of the Effective Date, cause all unpermitted portions or sections of the existing building at 365 NE 61st Street (folio no. 01-3218-015- 32 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 0730) to be demolished in accordance with applicable demolition regulations. Provided the Developer has diligently and in good faith applied for all such required demolition permit(s), the Developer shall not be held liable or in breach of this Agreement if the City or any other governmental authority has failed to issue any required demolition permit with reasonably sufficient time for the Developer to cause the demolition to be completed within such ninety (90) day period. 29. Formation of Community Development District. In the event the creation of a Community Development District ("CDD") is approved for the Project, the CDD may assume the Developer's responsibility under this Agreement without the City's approval ("Assumption"). Notice of the Assumption, including copies of the executed documents memorializing the Assumption, shall be provided to the City pursuant to the notice provisions of this Agreement. 30. Local Development Permits. The development of the SAP in accordance with the Existing Zoning is contemplated by the Developer, and may require additional permits or approvals from the City, County, State or Federal governments or any division thereof. Subject to required legal processes and approvals, the City shall make a good faith effort to take all reasonable steps to cooperate with and facilitate all such City approvals, and to aid in facilitating all other approvals. Such permits and approvals may include, without limitation, the following as well as any successor or analogous permits and approvals: (a) Waiver(s), Warrant(s), Exception(s), Variances and SAP Permits; (b) Subdivision plat and/or waiver of plat approvals; (c) Public works approvals; (d) Street vacations and closures; (e) Covenant -in -Lieu of Unity of Title and/or Unity of Title and/or Declaration of Restrictions acceptance and the release of any existing unities, covenants or Declarations of Restrictions; 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; 33 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT (m) Historic preservation approvals; (n) Federal Aviation Administration (FAA) and Miami -Dade Aviation Department (MDAD) determination(s) and approval(s); (o) Right-of-way permits or licenses; (p) Miami Parking Authority (MPA) approvals; (q) Temporary use permits and temporary/special event permits; (r) Building permits; (s) Certificates of use and/or occupancy; (t) Stormwater permits; and (u) Any other official action of the City or other government agency having the effect of permitting or authorizing Development within the SAP Area. In the event that the City substantially modifies its land development regulations regarding site plan approval procedures, authority to approve any site plan for a project within the SAP Area shall be vested solely in the City Manager, with the recommendation of the Planning Director. Any such site plan shall be approved if it meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan and the terms of this Agreement. 31. 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. 32. Consistency with Comprehensive Plan; Public Facilities. The City finds that development of the SAP Area as proposed by the SAP is in conformity with the Existing Zoning and is consistent with the Comprehensive Plan. As of the Effective Date, the Developer has conducted an extensive analysis of the Public Facilities available to serve the SAP Area and the Project. In the event that the Existing Zoning and/or the Comprehensive Plan requires the Developer to provide additional Public Facilities to address any deficiencies in officially required levels of service occasioned by future development within the SAP Area or as a result of the development of the Project, the Developer will provide such Public Facilities consistent with the timing requirements of Section 163.3180, Florida Statutes (2018), or as otherwise required by Chapter 13 of the 34 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. 33. Cooperation; Expedited Permitting; Time is of the Essence. The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities under this Agreement. The City agrees to use its best efforts to expedite the permitting and approval processes applicable to development within the SAP Area in an effort to assist the Developer in achieving its development and construction milestones. To such end, the City shall accommodate requests from the Developer's general contractor and subcontractors for review of phased or multiple permitting packages, such as those for excavation, site work and foundations, building shell, core and interiors. In addition, the City shall designate an individual within the City Manager's office who will have a primary (though not exclusive) duty to serve as the City's point of contact and liaison with the Developer in order to facilitate expediting the processing and issuance of all permit and license applications and approvals across all the various departments and offices of the City which have the authority or right to review and approve all applications for such permits and licenses required for development within the SAP Area. Notwithstanding the foregoing, the City shall not be obligated to issue any Development Permit to the extent the Developer does not comply with the applicable requirements of the Existing Zoning, the Comprehensive Plan, this Agreement or applicable building codes or regulations. 34. Reservation of Development Rights. (a) For the term of this Agreement, the City hereby agrees that it shall permit the development of the SAP Property in accordance with the Existing Zoning, the Comprehensive Plan and this Agreement. (b) Nothing herein shall prohibit an increase in the density or intensity of development permitted on the SAP Property in a manner consistent with (i) the Existing Zoning and/or the Comprehensive Plan, (ii) any zoning change subsequently requested or initiated by the Developer in accordance with the provisions of applicable law or (iii) any zoning change subsequently enacted by the City. (c) The expiration or termination of this Agreement shall not be considered a waiver of, or limitation upon, the rights, including without limitation, any claims of vested rights or equitable estoppel, obtained or held by the Developer or its successors, grantees, heirs or assigns to continued development of the SAP Property in conformity with the Existing Zoning and all current and prior active and approved development permits or development orders granted by the City under the Existing Zoning. 35. Annual Report and Review. 35 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT (a) This Agreement shall be reviewed by the City annually on the anniversary of the Effective Date. The Developer, or its representative or agent, shall submit an annual report to the City for review at least thirty (30) days prior to the annual review date. The annual report shall contain a section by section description of the Developer's compliance with its obligations under this Agreement. Any information required of the Developer to be included in the annual report shall be limited to that information necessary for the City to reasonably determine the extent to which the Developer has complied or is proceeding in good faith to comply, as applicable, with the terms of this Agreement. The Developer's obligation to submit an annual report shall cease as of the date on which this Agreement is terminated pursuant to any such term or provision herein. (b) If the City finds in the annual report, on the basis of competent substantial evidence, that the Developer has failed to comply with any of its obligations under this Agreement, the City may take action to terminate or amend this Agreement as set forth in this subsection. The City shall provide the Developer with written notice of its intent to terminate or amend the Agreement, and such notice shall state the reasons for the termination or amendment. Upon receipt of such written notice, the Developer shall have thirty (30) days to cure the default, or such longer period of time as may reasonably be necessary to cure the default if it is of such nature that cannot be cured within thirty (30) days; provided, however, that the Developer commences action to cure the default within thirty (30) days and diligently pursues the cure thereafter. Should the Developer fail to cure within the aforementioned periods, as applicable, the City may terminate or amend this Agreement by holding two (2) public hearings before the City Commission to consider and deliberate regarding such termination or amendment. 36. Notices. All notices, demands and requests which may or are required to be given hereunder shall, except as otherwise expressly provided, be in writing and delivered by personal service or sent by United States Registered or Certified Mail, return receipt requested, postage prepaid, or by overnight express delivery, such as Federal Express, to the Parties at the addresses listed below. Any notice given pursuant to this Agreement shall be deemed given when received. Any actions required to be taken hereunder which fall on Saturday, Sunday or United States legal holidays shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday or legal holiday. To the City: City Manager, City of Miami Miami Riverside Center 444 SW 2nd Avenue, loth Floor Miami, Florida 33130 With copies to: City Attorney 36 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT Office of the City Attorney Miami Riverside Center 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 Director of Planning and Zoning Planning & Zoning Department Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 To the Developer: Mr. Neil Fairman Mr. Anthony Burns Mr. George Helmstetter c/o Plaza Equity Partners, LLC SunTrust International Center One SE 3rd Avenue, Suite 2110 Miami, FL 33131 With copies to: Neisen O. Kasdin, Esq. c/o Akerman LLP 98 SE 7th Street, Suite 1100 Miami, Florida 33131 Any Party to this Agreement may change its notification address(es) by providing written notification to the remaining Parties pursuant to the requirements of this Section 36. 37. 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 "I" 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 37 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 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. 38. 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. 39. Exclusive Venue; Choice of Law; Specific Performance. It is mutually understood and agreed by the Parties that this Agreement shall be governed by the laws of the State of Florida, and any applicable Federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or Federal courts, and venue for any such actions shall lie exclusively in a court of competent jurisdiction in the County. In addition to any other legal rights and remedies under applicable law, the City and the Developer shall each have the right to specific performance of this Agreement in court. Each Party shall bear its own attorney's fees. Each Party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial. 40. 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. 41. No Oral Change or Termination. This Agreement and the exhibits and attachments appended hereto and incorporated by reference constitute the entire agreement between 38 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT the Parties with respect to the subject matter hereof. This Agreement supersedes any prior agreements or understandings between the Parties with respect to the subject matter hereof. No change, modification or discharge hereof in whole or in part shall be effective unless such change, modification or discharge is in writing and signed by the Party against whom enforcement of the change, modification or discharge is sought (and, if applicable, after such change, modification or discharge is effected in compliance with Section 53 of this Agreement). This Agreement cannot be changed or terminated orally. 42. Compliance with Applicable Law. Subject to the terms and conditions of this Agreement, throughout the term of this Agreement, the Developer and the City hall comply with all applicable Federal, State and local laws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, policies and procedures and orders that govern or relate to the respective Parties' obligations and performance under this Agreement, all as they may be amended from time to time. 43. 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. 44. No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other Party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided. 45. Events of Default. (a) The Developer shall be in default under this Agreement if the Developer fails to perform or breaches any term(s), covenant(s) or condition(s) of this Agreement, which breach is not cured within thirty (30) days after receipt of written notice from the City specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, then the Developer shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (b) The City shall be in default under this Agreement if the City fails to perform or breaches any term(s), covenant(s) or condition(s) of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from the Developer specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, the City shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (c) It shall not be a default under this Agreement if any Party is declared bankrupt by a court of competent jurisdiction. All rights and obligations in this Agreement 39 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT shall survive such bankruptcy of any Party. The Parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of a Party. (d) Notwithstanding the foregoing or anything contained in this Agreement to the contrary, and provided the SAP as a whole remains in compliance with the minimum requirements of Article 3.9 of Miami 21, (i) a default by any successor(s), grantee(s), heir(s) or assign(s) of the Developer of any portion of this Agreement shall not be deemed to be a breach by (A) the Developer, or (B) any other successor, grantee, heir or assignee of the Developer; and (ii) a default by the Developer under this Agreement shall not be deemed to be a breach by any successor(s) grantee(s), heir(s) or assignee(s) of the Developer of their respective rights, duties or obligations under this Agreement. For purposes of clarity, the Project may be developed by multiple parties in multiple phases. Any actual or alleged default by a developer of a portion(s) or phase(s) of the Project, including without limitation the Developer, shall not cause, nor be treated, deemed, or construed as a default by another developer or Party with respect to any other portion(s), phase(s) or component(s) of the Project. 46. 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 35(b), but shall have all of the remedies enumerated herein. (b) Upon the occurrence of a default by a Party to this Agreement not cured within the applicable grace period, the Developer and the City agree that any Party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such Party to also seek monetary damages, injunctive relief or any other relief available under applicable law other than termination of this Agreement. 47. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, hereafter be determined by a court or other legal authority of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. 48. 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 36. Any such assignee shall in writing in a legal form acceptable to the City Attorney, assume all 40 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT applicable rights and obligations under this Agreement, and upon such assumption, the assigning Party shall be released from all obligations assumed by such assignee. 49. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over any contrary term or provision contained herein, in the event of any lawful termination of this Agreement, the following obligations shall survive such termination and continue in full force and effect until the expiration of a one (1) year term following the earlier of the effective date of such termination or the expiration of the Term: (i) the exclusive venue and choice of law provisions contained herein; (ii) rights of any Party arising during or attributable to the period prior to expiration or earlier termination of this Agreement; and (iii) any other term or provision herein which expressly indicates either that it survives the termination or expiration hereof or is or may be applicable or effective beyond the expiration or permitted early termination hereof. 50. 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. 51. 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. 52. 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. 53. 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 35(b)). Prior 41 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT to amending or terminating this Agreement, the City Commission shall hold two (2) duly noticed public hearings on the matter. (a) Notwithstanding the foregoing, and as provided in this Agreement, the Project may be developed in one (1) or more phases in accordance with the Existing Zoning and this Agreement. This Agreement may be modified, amended or released as to any phase, or any portion thereof, by a written instrument executed by the then owner(s) of such phase, provided that the same is also approved by the City Commission at two (2) public hearings and that following such modification, amendment or release all other Miami 21 minimum requirements for Special Area Plans continue to be complied with (such as minimum acreage). In the event that there is a recorded homeowners, master, condominium and/or other association covering the SAP Property, or any phase or any portion thereof, said association may (in lieu of the signature or consent of the individual members or owners), on behalf of its members and in accordance with its articles of incorporation and bylaws, consent to any proposed modification, amendment or release (in whole or in part) of this Agreement by written instrument executed by the association. Any consent made pursuant to a vote of an association shall be evidenced by a written resolution of the association and a certification executed by the secretary of the association's board of directors affirming that the vote complied with the articles of incorporation and the bylaws of the association. For purposes of this 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. 54. 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. 55. 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. Notwithstanding the foregoing, the Parties agree that the Concerned Leaders of Little Haiti shall be an intended third -party beneficiary solely for purposes of Section 16(b)(3)(ii) of this Agreement. 56. 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. 42 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT 57. 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. 58. 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. 59. Estoppel Certificate. Upon request by any Party to this Agreement, or any of its successors, grantees, heirs and/or assigns, the City shall deliver, within thirty (30) days after such request is made, a certificate in writing (in a recordable form, if requested) certifying (i) that this Agreement is unmodified and in full force and effect (or if there have been any modifications, a description of such modifications and confirmation that this Agreement as modified is in full force and effect); (ii) that to the best knowledge of the City, the requesting Party is not, at that time, in default under any provision of this Agreement, or, if in default, the nature thereof in detail; (iii) to the best knowledge of the City, whether such Party has a claim against any other Party under this Agreement, and, if so, the nature thereof and the dollar amount of such claim; and (iv) such other matters as such requesting Party or its lender may reasonably request. The Parties further agree that such certificate shall be in a form reasonably acceptable to the City Attorney and may, in addition to the Developer (including its successors and assigns) be relied upon by (i) any prospective purchaser of the fee or mortgage or assignee of any mortgage on the fee of the SAP Property or any portion thereof and/or (ii) any prospective or existing 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] 43 CITY OF MIAMI, FLORIDA By: Emilio T. Gonzalez, City Manager ATTEST: By: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Victoria Mendez, City Attorney [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Nam ( Print Name: DoavN 171-0vntrtND04) STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MCD MIA , L . C, a ►r liability co p. y By: %LINII Name:eil . Irma Title: Authorized Representative The foregoing instrument was acknowledged before me this ware limited day of 2019, by Neil Fairman, as Authorized Rep esentative of MCD Miami, LLC, a Delaware limited liability company. Personally Known Type of Identification Produced or Produced Identification +"".,KAREN BETH WOODBIJRY ParPUe( c Notary Public - State of Florida Commission # GG 051489 J`, My Comm. Expires Mar 18, 2021 ; '"F of F 1 +'i ++'ioBonded through National Notary Assn. TARY SIGNATURE Print or Stamp Name: `eft (? 4 Wood Notary Public, State of Florida (� Commission No.: N/A My Commission Expires: I8's 020gI [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: bON,JIt 554-6UNANI>pyJ Print Nam . X Sic( - STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CIT .1PROP ' TIES I, LLC, a Delaware li ted • y 'ompany By: Name: eil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this 6- day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties I, LLC, a Delaware limited liability company. Personally Known 1/ or Produced Identification Type of Identification Produced yKAREN BETH W00DBURY Notary Public - State of Florida Commission # GG 051489 �; My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. (ki2,2b(6,6\-L NOTARY SIGNATLIF-�� 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] IDcoabor6 aoai Witnesses: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC C TY PROPERTIES II, LLC, a Delaware i iteb lit y company By: Name: 'NeWFairrinan Title: Authorized Representative The foregoing instrument was acknowledged before me this -t- day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties II, LLC, a Delaware limited liability company. Personally Known ►"or Produced Identification Type of Identification Produced ss!`,;4!i KAREN BETH WOODBURY Notary Public - State of Florida `E : '!v: •= Commission # GG 051489 'ET9,����o:F My Comm. Expires Mar 18, 2021 '‘o'I,o Bonded through National Notary Assn. TARY SIGNAT Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: bpi.; A) iR rA-dJrlrtNp Print Name: 14(4x �c1(�✓ STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPE ' IES III, LLC, a Delaware li d lia ' lit • mpany By: Name: Neil Title: Authori ed Representative The foregoing instrument was acknowledged before me this 5 day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties III, LLC, a Delaware limited liability company. Personally Known Type of Identification Produced KAREN BETH WOODBURY f O�PPY PVB ii�i 4 ;r*{�_ Notary Public - State of Florida '•' E Commission # GG 051489 • �`o�,op�;� My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. or Produced Identification 4vu u1).D TARY SIGNAT Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name bbrvni 116,644aka8,1.► Print Name: la.0 6' _(a,,� STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC Y PR Delaware ite By: r Name: Neil airm n Title: Authorized Representative TIES IV, LLC, a company The foregoing instrument was acknowledged before me this 5 day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties IV, LLC, a Delaware limited liability company. Personally Known ✓ or Produced Identification Type of Identification Produced ,`avo,,,KAREN BEM WOODBURY tP d, ,.� n : Notary Public - State of Florida Commission # GG 051489 '':4,fl „�a; My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. NOTARY SIGNATU 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] Woacerd ir,aDal Witnesses: Print Name: b 0 N AJ 171-1) (JO -n1 STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROP Delaware li By: Name: Neil Fairman Title: Authorized Representative IES V, LLC, a ompany The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties V, LLC, a Delaware limited liability company. Personally Known Vor Produced Identification Type of Identification Produced ,,, KAREN BETH WOODBURY —lPk t',9e\ Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. fbA,_ktNA. NOTARY SIGNAT Print or Stamp Name: (`Qf 1 1?)*c b(� Notary Public, State of Florida ci Commission No.: N/A My Commission Expires: �(f\Q.\ �' aoa [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: OAiA 1-G VA) ilia Attl STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROP ' i i IES VI, LLC, a Delaware limit lia mpany By: Name: Neil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this 5 day of 2019, by Neil Fairman, as Authorized Representative of Delaware limited liability company. Personally Known Type of Identification Produced KAREN BETH W00DBURY s Notary Public - State of Florida Commission # GG 051489 .;� OF,00-�= My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. agic City Properties VI, LLC, a or Produced Identification la*. 0.0A Oh 0 N • TARY SIGNAT Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: ciG..UxaclIft [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: NA) TA-0 VAI anr AA) STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROP ' ' TIES VII, LLC, a Delaware li d 1' . •' company By: Name: el Title: Authorized Representative The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Delaware limited liability company. Personally Known Type of Identification Produced s„"""Ppv PUB `�,,KAREN BETH WOODBURY � `� Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. agic City Properties VII, LLC, a or Produced Identification N • TARY SIGNATU Print or Stamp Name: Notary Public, State of orida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: boo T L) iJ ATID 671..) STA'IL OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPE TIES VIII, LLC, a Delaware li je# iF1 company By: Name: Neil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this Ss• day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties VIII, LLC, a Delaware limited liability company. Personally Known ✓ or Produced Identification Type of Identification Produced • 'p', KAREN BETH W00DBURY •�P i 2+'�#' ., Notary Public State of Florida * �!� ; •F. Commission # GG 051489 Fill 4..� c My Comm. Expires Mar 18, 2021 �'' 0,,, ,,, Bonded through National Notary Assn yaNtt,v3,4 lator NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: bbN g (k syli) Nhq-40A() STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPEIES IX, LLC, a Delaware lim'' li.;�;'t e�mpany By: Name: eil airma Title: Authorized Representative The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Delaware limited liability company. Personally Known Type of Identification Produced KAREN BETH WOODBURY Notary Public - State of Florida L ,,�F of �Q`�� ,,,,,, Bonded through National Notary Assn. Commission # GG 051489 My Comm. Expires Mar 18, 2021 agic City Properties IX, LLC, a or Produced Identification Vat\PLELA NOTARY SIGNAT Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: latkit,--WcoAbut [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROP TIES X, LLC, a Delaware lii tedi ty ompany By: Name: Neil Fairm`an Title: Authorized Representative The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties X, LLC, a Delaware limited liability company. Personally Known Type of Identification Produced KAREN BETH WOODBURY Notary Public - State of Florida Commission # GG 051489 ,9r :• My Comm. Expires Mar 18, 2021 %o,`,, ,, Bonded through National Notary Assn or Produced Identification NOTARY SIGNATUR W b V Print or Stamp Name: f P') Wb Notary Public, State of Florida Commission No.: N/A My Commission Expires: t a0.1 [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] MAGIC CITY PROPERTIES XI, LLC, a Delaware li ted 1. ilitcompany By: Name: 'eil ' airma Title: Authorized Representative Witnesses: Print Name: 1st.t lV I't 0-4-0 vN A-AiDA-Id Print Name: ('La5k(a i STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties XI, LLC, a Delaware limited liability company. Personally Known or Produced Identification Type of Identification Produced IIII KAREN BETH W00DBURY �. Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn le° &ILL OCA-6 NOTARY SIGNATTrtzP. Print or Stamp Name: r r��. Ep Notary Public, State of Florida U Commission No.: N/A My Commission Expires: a0-I [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] MAGIC CI Y PROP TIES XIV, LLC, a Delaware lied company By: Name: Neil airma Title: Authorized Representative Witnesses: Print Name: OM.) -3-g01)K14- &A. STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this �% day of 2019, by Neil Fairman, as Authorized Representative of lylagic City Properties XIV, LLC, a Delaware limited liability company. Personally Known �/ or Produced Identification Type of Identification Produced 'a"1„,,, KAREN BETH WOODBURY YP ,, Notary Public - State of Florida _• * ��� * _ Commission # GG 051489 My Comm. Expires Mar 18, 2021 d °' % „ , Bonded through National Notary Assn. 440001(116— �T TARY SIGNATT T1zF 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] COUNTY OF MIAMI-DADE Witnesses: 3-L----9---- Print Name: bill N ft- Crith U N Asa on.) Print Name: UAAg S'JC(a,,- STATE OF FLORIDA ) )SS ) MAGIC CITY PROPE' IES XV, LLC, a iiDelaware li i • 1' . l' lit • mpany By: II11[�. Name: Neil irman Title: Authorized Representative The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Delaware limited liability company. Personally Known V Type of Identification Produced 01, a — a .a KAREN BETH WOODBURY ,% Notary Public - State of Florida c• « "` •E Commission # GG 051489 s,' My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. [agic City Properties XV, LLC, a or Produced Identification OTARY SIGNATU Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: aito.IfC 3ikDUNA&a1tll] Print Name: 144.,c, STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PRO: RTIES XVI, LLC, a Delaware By: Name. eil aan Title: Authorized Representative lia company The foregoing instrument was acknowledged before me this 2019, by Neil Fairman, as Authorized Representative of Delaware limited liability company. Personally Known Type of Identification Produced ,�, V14,,5,, KAREN BETH WOODBURY tP s "s Notary Public - State of Florida Commission # GG 051489 " My Comm. Expires Mar 18, 2021 �e OI m �P ` Bonded through National Notary Assn. day of gic City Properties XVI, LLC, a or Produced Identification 61A6" NOTARY SIGNATUREa Print or Stamp Name: WOCAUT6 Notary Public, State of Florida Commission No.: N/A My Commission Expires: N11�11 P,k. 1 $'1 [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: I :' _S STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XVII, LLC, a Delaware li • ed li li ; •' •mpany By: Name: eil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this 5s day of 2019, by Neil Fairman, as Authorized Representative of agic City Properties XVII, LLC, a Delaware limited liability company. Personally Known or Produced Identification Type of Identification Produced KAREN BETH WOODBURY Notary Public - State of Florida • ; �!�� ; Commission # GG 051489 My Comm. Expires Mar 18, 2021 '''f'''''" Bonded through National Notary Assn. (mu, �l odl t OTARY SIGNAT Print or Stamp Name <L,II 'C. bu,r Notary Public, State of Florida Q Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: totn1(0 it SA-J vn1 FTJ c»1iJ STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XVIII, LLC, a Delaware j itedJ >h company Name: airmn Title: Authorized Representative The foregoing instrument was acknowledged before me this 5 day of 2019, by Neil Fairman, as Authorized Representative of is City Properties XVIII, LLC, a Delaware limited liability company. Personally Known or Produced Identification Type of Identification Produced OniSimartillbribrillimosabseftwetessAltalbitillowir ,a;f1,f KAREN BETH WOODBURY 2;F`�'; Notary Public - State of Florida .0 •Y ��� Y •= Commission # GG 051489 OF F���`e, My Comm. Expires Mar 18, 2021 '�.F 8r,t,,Bonded through National Notary Assn. P 4 TARY S GN Ti:l�� Print or Stamp Name: a Oak) °M Notary Public, State of Florida U Commission No.: N/A My Commission Expires: IV1 I&, QO J [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: MAGIC CITY Delaware li By: Name: Neil Fairma Title: Authorized Representative TIES XIX, LLC, a company b r & ?At o nl A4 3f1'16 Print Name: UWitt/ S7C.- STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 5k day of , 2019, by Neil Fairman, as Authorized Representative of 1�Iagic City Properties XIX, LC, a Delaware limited liability company. Personally Known �/ or Produced Identification Type of Identification Produced ,,,,, KAREN BETK W00DBURY DV, r� Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. t i . , Ott Uti):12ClUnd— NOTARY SIGNATURE �P�i%1'��'bit 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] �, 0200,1 Witnesses: Print Name: bp) y N it 3100A) ftrJb A7' Print Name: ' 1 &.X S't(Qy STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XX, LLC, a Delaware li _ ed lit lit' -company By: Name: Title: Authorized Representative The foregoing instrument was acknowledged before me this 5•. day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties XX, LLC, a Delaware limited liability company. Personally Known /or Produced Identification Type of Identification Produced KAREN BETH W00DBURY Notary Public - State of Florida Commission # GG 051489 ��"' MyComm. Expires Mar 18, 2021 9 � ,.� P 'eOo 0, Bonded through National Notary Assn. i bsoJL_U� O ARY SIGNATURE iit Print or Stamp Name: V'en t , Wadburo 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] 2 fib 1 KAREN BETK WOODBURY Witnesses: Print Name: Sj tom 5-Ativn3Aik)DAlrd Print Name: '4x /C STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XXI, LLC, a Delaware 1im d lia_ ity pany By: Name: 'mil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this 51' day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties XXI, LLC, a Delaware limited liability company. Personally Known V or Produced Identification Type of Identification Produced 1'FY P B _��.�,`0 Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn -46L ktkb,101.46--- NO ARY SIGNAT Print or Stamp Name �" ai 15.e l U)0ap Notary Public, State of Florida LOt Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: 1st NNA- 7'ptUNi4M141-1‘) Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XXII, LLC, a Delaware )itediab' it company By: Name: Neian Title: Authorized Representative The foregoing instrument was acknowledged before me thisc5 day of 2019, by Neil Fairman, as Authorized Representative of 1 Iagic City Properties XXII, LLC, a Delaware limited liability company. Personally Known V or Produced Identification Type of Identification Produced �n�Pav ay ""++e+.,: KAREN BETH WOODBURY Notary Public - State of Florida •= Commission # GG 051489 My Comm. Expires Mar 18, 2021 Fof Flo ` +,,,,,,,, Bonded through National Notary Assn. 4 NOTARY SIGNAT Print or Stamp Name: ( r1.. Woaib.tr8 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] lg-,aoal Witnesses: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPE ' IES XXIII, LLC, a Delaware L ited`y. bi ompany By: Name: eil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this 5 day of 2019, by Neil Fairman, as Authorized Representative of Delaware limited liability company. Personally Known Type of Identification Produced — KAREN BETH WOODBURY Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. gic City Properties XXIII, LLC, a or Produced Identification otuv, UK_ I\OTARY SIGNAT 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] Woc8 tot Witnesses: Print Name. t9Nn1a •TrbtTntf►in1AA.A. STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROP RTIES XXIV, LLC, a Delaware 'mite y company By: Name: eil airm Title: Authorized Representative The foregoing instrument was acknowledged before me this 5 day of 2019, by Neil Fairman, as Authorized Representative of M)tgic City Properties XXIV, LLC, a Delaware limited liability company. Personally Known Type of Identification Produced KAREN BETH WOODBURY Notary Public - State of Florida =r. Commission # GG 051489 1"N�» wui a c� s'. �'`Oc My Comm. Expires Mar 18, 2021 ,,,,100 Bonded through National Notary Assn. or Produced Identification TARY SIGNAT _ _ ,jL Print or Stamp Name:` I �J- b U Notary Public, State of Florida Commission No.: N/A My Commission Expires: 18', Da,' [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: (DeNTA00JAlOsAiJ STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XXV, LLC, a Delaware 1ii d 'ty-company By: Name: Neil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Magic City Properties XXV, LLC, a Delaware limited liability company. Personally Known Type of Identification Produced KAREN BETH WOODBURY Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 ." Bonded through National Notary Assn. or Produced Identification Qom.«-1 N TARY SIGNAT- Print or Stamp Name: QA. bi Notary Public, State of Florida U Commission No.: N/A My Commission Expires: 18 I OOP [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Nam : bflNNR criMorvA-NOAA) STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE DRAGON GLOBAL MIAMI REAL ESTATE INVESTMENTS LLC, a Florida limited liabily coeBy: Name: Neil Fairman Title: Authorized Representative The foregoing instrument was acknowledged before me this day of 2019, by Neil Fairman, as Authorized Representative of Dragon Global Miami ,Real Estate Investments, LLC, a Florida limited liability company. Identification Type of Identification Produced KAREN BETH WOODBURY Notary Public - State of Florida Commission # GG 051489 My Comm. Expires Mar 18, 2021 Bonded through National Notary Assn. Personally Known V or Produced N S TARY SIGNATU 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] WiTt4tuf6 0001 Name: Title: LEMON CITY GROUP, LLC, a Florida limited liability company By: r 2_0\ Witnesses: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 14 AAlday of A,-kA-D1 2018, by !WI Lc , as JCt9r of Lemon City Group, LLC, a Florida limited liability company. Personally Known Type of Identification Produced or Produced Identification NOTARY SIGNATURE Print or Stamp Name: — Notary Public, State of Commission No.: N/A C'C-;:. My Commission Expires: \ NATALYA VOROJEYKINA Commission #GG 166328 Commission Expires 12-07-2021 Bonded Through - Cynanotary Florida - Notary Public [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] 2018, by M kt01 Witnesses: STATE OF COUNTY OF IS\N--Iirn - )SS IMPERIAL CAPITAL GROUP, LLC, a Florida limited liability company By: Name: Title: The foregoing instrumentas acknowledged before me this *day of 3 9, Vla v- , 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: k\) Notary Public, State of Commission No.: N/A Ca G C>22 My Commission Expires: I 2- - NATALYA VOROJEYKINA Commission #GG 166328 Cornmission Expires 12-07-202 Bonded Through - Cynanotary ‘,,Of Florida - Notary Public [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] EXHIBIT A Aerial Map, Addresses and Legal Descriptions of SAP Parcels See attached. Aerial Map Magic City Innovation District SAP City of Miami, FL = SAP Boundary Aerial Map Magic City Innovation District SAP City of Miami, FL = SAP Boundary fr.t EXHIBIT A SPECIAL AREA PLAN APPLICATION THE MAGIC CITY INNOVATION DISTRICT SAP Legal Descriptions of SAP Property Address: 6041 NE 2nd Avenue Folio: 01-3218-015-0140 Legal Description: Hew. al a pnw,1 2 1ee1 Last and 204 feel 6 aches South of Northwest corner of SW 1J 4 of Seconn 16, Township 53 South, Range 42 East Pont of Beginnng, Ming Southwest comer of prietion of Lemon Avenue and County rock road, run South 100 feet, thence Northeaglerty parallel with Leman Avenue 170 feel, thence Ncx1h 100 feel tca Soul!! brie Lemon Avenue; thence Soulhwealery abon4SSouni brie Lemon Avenue 170feel is Porii of Begrinung„ Marni-DadeComity, Fkaada. Less the With 2.5 feel conveyed to the City of Mka n. by Warranty [deed recorded n Deed Bock 365 7, Page 334 and re -recorded ri afieul Recce Book 4630, Paige 4g0. Address: 228 NE 61st Street Folio: 01-3218-015-0150 Le2a1 Description: Beyry^why, al a co.e.1 fs beet East of and 2014 feel and 6 lichee South of tie Ncethwesl corner of the &nutmeat Onetbiarier of Secbien 116, Tcrwnntrp 53 Souln, Range 42 Eaet Mrarn cbe County, Florida, Um Point beg tie Southeast corner of the ritersecion of the Northeast 61s1 S1reel (Lemon Avenue) and Noarteaat. Second Avenue (County Ronk Road), thence run in a Northeasterly direction along tie Solt! OM of sad ;Northeast 61 s Sleet (Lennon Avenue) 170 feel to the Peril of Beginning, thence run South 100 feel: thence rill in a Nathenisterty olrecion )aster with said Ncitiewst 61etStreet 60 feet; thence nn North 100 feel b3 sail Fineries! 61s1 Street thence rim in a So+ul►wuealeny Menne aineg said Nalheaai, 6181. Street 60 feet to the Pont of Beg.tiirig. Less Me Norlh 2.5 feel cc weyed is the City of Miami by 1Narranty Deed recorded in Deed Bock 3684, Page 243 and re -recorded n Ofici Records! Beak 4630, Page 474. 43658518;2 Address: 240 NE 61st Street Folio: 01-3218-015-0160 Le2a1 Description: PIERCES DIVISION Of LEMON CITY, Section 18, Township 53 South, Range 42 East, as recorded n the Patric Records of MAramt-Dade County, Honda, in Plat Book B, Page 43, and Revised Plat thereof, as recorded in Plat Bock 2, Page 41. Beginning 230 feel Northeast. of Southeast. comer of lemon Avenue and County Road, thence Northeasterly feet Scum 166 feet Southwesterly g8 feel; hence North 100 feel to Pont of acquiring. Leas the North 2.5 feet conveyed to the City of Miami by Warranty Deed recorded in Deed Bock 368 7, Page 364 and re -recorded in Official Records Book 4612, Page 50$. Address: 6001 NE 2nd Avenue Folio: 01-3218-015-0210 Le2a1 Description: Begrirrng at a Pont, 25 feet. East and 304 feet 6 inches South of Nei -Wiest corner of the Sou iwwest Quarter of Section 18, Township 53 South, Range 42 East theme run in a Northeasterly direcicri parapet will Leman Avenue as now traveled, 1266 feet finches more cc less to Railroad Avenue in Piierce's Division of lemma City; thence Sough along seed Railroad Avenue 210 feet to a street. 50 feel, wide; thence in a Sou waesterty direction along the Narti Yoe of said street parallel with said Leman Avenue 1266 feel 6 inches mare or lei to the County Rode Road al a Kern opposite beginning; fence North along said County Road 210 feet is place of beginning. Address: 352 NE 61st Street Folio: 01-3218-022-0060 Legal Description: Parcel ''D": Commer►3e al a peril en tie Westerly lie of lhe Northeiest id 4 of the Soultiwes1 V 4 of Section 18, Township 53 South, Range 42 East, 205.46 feet South of ire Nertiwesl corner of said NatWest V 4 of the Southwest 11 4 of Section 18, thence N83'S3'O0"E, along a brie being) parallel WRY and 2.5 feel Northerly of the Southerly ROI of Way brie of Northeast 61st Street as it appears on City of "harm Aims Sheet No. 14-J, Baled January i4363 arirl r1e Westerly protection, 1018.5 feet to the Pont of Beginning of the hereafter described parcel; thence S02'07100"E, 100.00 fuel; hence N87"53'00"E, 50.00 feel tierce 1402 07.00'Yrn, 100A0 feet; thence S87'53130'Yii, along sad brie parapet wail and 2.5 feel Northerly of said S athedy Right of Way Ice of Northeast 61st Street, 50.05 feet to the Perm of Beginning Less ttie North 1.97 feet conveyed to the City of Mora thy Warranty Deed recorded in Creed Bock 3657, Page 280 aria re -recorded in Official records Bock 4695. Page 2.42. And 1Parcel"0-1": Commence at a pal en tie Westerly lie of lhe Nc:fibr es' 11 4 of the Sflvulhweet V 4 of Section 18, Township 53 South, Range 42 East, 205A6 feel South of ire Notiwesi camper of said 4 iiw,vesl 1r 4 of he Southwest V 4 of Section 18, thence N8r53130"E, along a brie bang parapet wank and 25 feet Noolierly of the Southerly Right of Way line of Northeast 61si Street as 11 appears on Crly of Mori Alas Street No. 14-J, Dated January 1g63 aria ris Westerly protection, 10485 feet to the Perm of Becgirrrrrrg of tie hereafter described parcel; tienoe S02'07'O7 E, 100.00 feel; Thence N8r53130" E, 50.03 feet thence NO2:07'00"Yiv, i00A0 feel; Bence S8r53'00141, along sad brie parallel with aid 2.5 feet Northerly of sad Souiieily Right of VNay brie of Northeast 61s1 Slreel, 5000 feet to the Port of Begrring. Less the t din 2.5 feet conveyed to the City of Miami by Warranty Deed recorded In Creed Bock 3657, :Rage 281 and re -recorded in offcial Records Book 4630, Page 452. 43658518;2 Address: 372 NE 61st Street Folio: 01-3218-022-0080 Le2a1 Description: Parcel "1". That pert of the NW id 4 of the SW id 4 of Sector!. 18., Township 53 South, Range 42 East, described are fclows: Bug al a pout 204.5 feet South of the Quarter Section corner of West ire of Seclton 18, Township 53 South, Range 42 East, thence run Norte+aserly eking the South aide of Lennon Avenue cr 6131 Street. 1118.5 feel to a Pahl of Begrrrrhg; theme run South 100 feet; thence run East 81.5 feel; theme run North 100 feet more cr less to South rile of Leman Avenue; thence nun West 81.5 feet more cr leas 4a a Porn of Beginning, lyres and be nMmrtFDade County, Ronda. Parcel "2". Thal pail of the NW id 4 of the SW id4 of Becton 16, Torcerup 53 South, Range 42 East describech as Bows: to -wit Begdurr g al a poem 20527 feet South of the Owner Section comer of West bre of card Section 18, thence run 1...lcaheaslerly along the South Me of hlortheasl 6131. Steel, 1200 feet 1a Pont of Begrhiwhg, thence South 55.60 feet, thence East 25 feel; thence Northerly 55.60 feel mare cr lest to a [canon the Scum ire of said 61s1 Street .t0 feel east of the par of Pant of Begrhmg, thence West along the Sown Midi of Said 61a1 Steal, .10 feet in point of begyoung, lying and being n l/Nemr-bade County, Florida. Less the Wahl 2.5 feel conveyed lo the City of Miami by Warranty Deed recorded in Deed Bock 3741, Page 520and re -recorded ehReconle Bock 4630, Page 494. Address: 382 NE 61st Street Folio: 01-3218-015-0190 Legal Description: Bec}nnwng al the Southwest comes of to nterse."Ucn of Radical Avenue {how Inn as N.E. 4th Avenue) and Lemon Avenue {Thaw Rayon as N E. 61s1 Street) urn thence South 100 feet 1n a pwh1; theme nil West 103 feet to a point; thence run Ncrth 1d0 feet to pont thence run Easterly along the earth brie of Lemon Avenue 103 feet to the Kent of beginning; lying and being on theSouthwes1 Gustier {SW 1J 4} of Sector' 18, Tormsh4d 53Soum, 'UAW 42 East. ,also described as: The East 103 feel of the Wahl 1610 feet of Unnvnbered Black between LEMON AYENI.E and Browm Steel leas le North 2.5 feel for Steel, PIERCES LEMON CITY SLEDIV SlO*J, aocorckng 10 the plat thereof, as reccaled in Plat Bock "6", Page 43, of to Pubic. Reccrda of Mdamh-Dade Canty, Florida. Less the Web 2.5 feel conveyed lc the City! of Meru by Warranty Deed recorded n Deed Bock 3657, Page 262 aryl re -recoiled n Oficnl Records Beck 4 645, Page 344. Address: 200 NE 62nd Street Folio: 01-3218-066-0010 Legal Description: Thal . "A''. of Jla PLAZA, ac =clog ita fie map or pal thereof, a a reccr1 di piai ile l; 166, Paige 4E, of ibe Pi c RecaogE of MnarnnDale County , Fes. 43658518;2 Address: 6300 NE 4th Avenue Folio: 01-3218-020-0330 Le2a1 Description: South 120 fee1 of Traci " ", of 1 EID ACRES, recorded rn Plat Hoc& SO, Paige 44., of tree Attic ReCetrda of faliamr-elade Co,rrr1', FlOnpla. Address: 401 NE 62nd Street Folio: 01-3218-014-0030 Le2a1 Description: The West 110 feet of Tract 3. of JOYCE PROPERTIES St1BD VISION, according is the Pdalthereof, as recorded in Plat Back 51, Page 18, of the Pubic Records of Miami -Dade County, Fk7lida. Address: 300 NE 62nd Street Folio: 01-3218-015-0770 Le2a1 Description: The North V2 of Lots 8 and ci, Bkfdc 16., PI RCE S ADDITION TO LEMON CITY. FLORIDA. mooning to me map cc Fit rnereof, as recorded rr Plat Book 2. Page 21, of tie Public Records of Miami -Dade County, FkxAa; said property also described as berg al tial portion of Lois 8 and 9, Black 18, PIERCES ADDITION TO LEIa1ON CITY. FLORIDA, according to tie map or plat 'hereof, as reccoled in Plat Back 2, Paige 21, of the Punic Records of F,iiam-Dade C un1y. Iona, lying Ncith of me following desonbed bie: Commencing a1 the t..lorthues1 corner of Lot 9, Btbck 18, SECOND CORRECTED PLAT OF PERCES SUEDMISION OF LEMON CITY, wowing to the reap or plo1l thereof, as recorded n Piet Bock 2, Page 21, of The Pubic Records of Miemi-Dade County, Fined.% tierce go Southerly slang ore West line of said Lot 9. a &Nance of 113.90 feet to a point cell tie West brie of said Lot, 9, which shall be the Seamiest comer of he Nonih 1T2 of said L. Ire same berg tie Pent of Besprung from the ire hereinafter described; thence torn ire Pere of Beginning g go Easterly along tie South brie of he With V2 of said Lots 8 and 9, of said Block 18 of sand subdnrnaan above described; the Same brie berg the NMI brie of Scuii V2 of Said Lots 8 and 9. fairing an angle of 89'24'25" with the last descnbed tire+, for a distance of 141.91 feet ib a porn cxi the East brie of Lot 8, said pant being 110.16 feet South of tie Naiieast comer of said Lot 8, winch shall be me Sciriheasicomer of the Ncr1h V2 of sari Lot 8, the same berg the end of Me herein described; LESS that ponce of Lois 8 and 9, Rkxu 16, SECOND CORRECTED PLAT OF PERCH 3 SUBDIVISION OF LEMON CITY, according 'b the map or plat hereof, as recorded in Plat Bock 2, Page 21, of he Public Records of k enni-Dade County, Florida. tong North of a brie vat IS 25.00 feet Scuff of as measured at right axles, and parallel Mil Me center dine of NE 62 Meet, as said center line is shown on the Plat of Joyce Propentes Subdh sico. according to tie map cc plat thereof, as recorded In Plat Beck 61, Page 38, of tie Pubic Records of Mferrr-Dade County, Flcmda. Address: 301 NE 61st Street Folio: 01-3218-015-0771 Le2a1 Description: The Snub 1.12 of Lots 8 and 9, I F- the South 2.6 feel of Lots 8 and 9. Block 18, of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, according to lhe Pial thereof. as recorded n P%an Bode 2, Page 21. of he Pubic Records of Miarrr-Dade may, Fkxnda. 43658518;2 Address: 6200 NE 4th Court Folio: 01-3218-024-0200 Legal Description: t 1, of NORTH GA t, aonefc_^.g tore Rat thereof, as recut cec r Rai k4 .;t :.'- °. of the 1'rcic Records of w1.ai i -Lla:e L• .ly, he&•_Oa; AFJLJ lne North 2.8 feel of Lot 21, in - ' . 1 NORTH GATE, aocordrg t the Plat thereof, an recorded ma Plat Book 8, Paget : _ : _ e Records of khan -Dade Courhty, Florida. - _=.4.'dD EXCEPT THEREFROM: PARCEL NO 46: That poricn of Lola 21 and 22, in B►:ck 1, of NORTH GATE, according to the pled Thereof, recorded in P1a1 Back 8, Page 88, of the Public Records of Mogrri-Dade County, Plorhda which des w arn a sthp of land 50e0 feet in i 11h lying 2600 feel On each side of the Easterly extension of the center irhe of E. 62 Sleet as said center irne is shown on tie plat of JOYC PROPERTIES SUBDIVISION, ac°ordrg to he pal t►ereof, recorded in Plat Book 61, Page 38, of the Puhie 'Records of Mrarro-Dade County, Asada and tieing more particarlarly deecnted as t OMME 4CE odic Northeast comer of sand Lot 21; hence nun S0'.1568 N alnng the £aryl ire of said Lot 21 for a distance of 1.96 feet to the pornt of nieraecb i VAT' a lie 2SA0 feet North o f, as measured at rgt 1 angles, and palate' with the said Easterly extension of the center line of N.E. 62 Street and 10 the Pam of Beginning of tie heren described parcel; thence ccolnnie to run S0°38.S8"141 atoms the Eon line of Lai 21 and along the East ire of said Lot 22 for a distance of SE0.01 feel 10 spool of intersection xith a ire 2:5 feet South of, as measures alright antes, and pastel with the sand Easterly extension of the center ire of N:E. 62 Steel; thence run W8'64'46110 along the Ina 26,00 feet South of and pastel with the Easterly exhumer' of the said ceiiterinhe of N.E. 62 Steed for a distance of 111.11 feet to a port of intersection with the West ire of sail Lo122 said pond of rilersecthon him) 2L0 tel South of tie Nrxthwest corner of said Lot 22, as measured a'ong the West ire of said Lot 22; thence run 1'43440 10''E along the West ire of said Lot 22 and along the Vilest ire of said Lot 21 for a distance of r.-0.01 feet to a pans of ✓ tersechen with a irhe 25.00 feel North of, as measured al right angles, and parallel with the said Easterly extension of the said centerline of N.E. 62 Street, said pint of rhiersecicii lying 2.03 feel South of the Northwest corner of said Lot 21, as measured along the Vilest the of said Lo121; thence nil S&V5946T along the said ire 26.00 feel North of and pastel wtlh The Easterly extension of the said centerline of NE. 62 Steel for a distance of 111.10 feel to a poet CA the East ire of alit Lori 21 aril id the Point of &wining of the herein descnted parcel AND that porton of Lots 20 and 21 in mid Block 1 which lies whiten the external area formed by a 2..00 fool raring arc concave to the Nortnwesl tangent 'b the Emil lire of said Lot 20 and tangent to acid hate 26.00 feel North of and pastel with the Easterly extension of the said centerbne of N.E. 62 Steel. Being the same premises descr ed as Parcel iJo. 46 in final Judgment recorded July c ' 9ss2 . ::1I sal Records Boole 116e0, Page 169.3, of the Pudic records of/Alarm-Dade County, Flcola. Address: 6210 NE 4th Court Folio: 01-3218-024-0180 Legal Description: _t•: ' _ a 4 1 _ c e: ci L.:1 " _ . E+ ocit t, of NORTH GATE, according 10 the map or pal thereof, as recorded in Plat Book 8, Page 6, of he Pubic Records of hliarri-Dade County, 43658518;2 Address: 320 NE 61st Street Folio: 01-3218-022-0030 Le2a1 Description: Beginning at a pans 204.6 feel Souh of tie Ocirinwest comer of SW 1/4 of Secant 18, Township 53 South, Range 42 East, as shown CO SECOND CORRECTED PLAT OF PERCES SLEDIViSIOtJ LEMON CITY, as recerded .n Plat Book 2, Page 21, of the Puten Records of Mre n-Darle County, Melia; nn Nortieseterly along ure ; orrnem boundary of Lerman Avenue 81.4.06 feel 1a the Pc.n1 of Begrrrng, thence nn Sarah 100 feel; McYnne run East 10o feet thence ruin Noah 100 feet; 91Yenne run West leo feel to the Pettit of B4 Yg, I,uig and bang n Miami -Dade County, Fien.da. Also kr.awn as: The Weak 100.06 feel of the East 482.46 feel of the North 100 feet of Black 17, SECOND CORRECTED PLAT OF PIERCES SLEDf4+ISION LEMON CITY, as recorded .n PPtal Book 2, Page 21, of the Purtltc Reseals of li a.mrDade County, Ronda, I FAA the North 2.6 feet LESS mat IBM conveyed fee Right of Way purposes ri that Warranty Deed recorded ;Deceit -ter S, t452 di Deed Book 3684, Page 227, as re-recceded n Oficial Records Bock 4630, Page 496, txxtn of Me Pubic Records of 4Ara ni-Drade County, Ronda, as mare paraoinuty de3a aged as foams: The Norai two and one-half (2.8) feel, more cc less of the blowing dessnted land: Begrrrrg al.a pain. 204.6 feet, South of the Northwest caner of SW 104 of Seci.vn 18, Tranship 53 Scurf', Range 42 East, as shown on Second Corrected Plat of PierceSub+itn.on Lemon City, as recorded in Plat Bock 2, Page 21, of tie Pubic Records of M.armrDade County, Florida; run lcxiheasierty along lie Sout ern boundary of Lemon Avenue 819A6 feel to the Pont of Beginning, theme run South 103 feet thence run EBiErl 100fee1; thence run Norti 100 feet; thence. run West 100 feel io the Peril of Beginning, tying and being III ni-Dade County, Florida. Address: 270 NE 61st Street Folio: 01-3218-015-0200 Le2a1 Description: Commencing al a porn on the South side of Lerman Avenue, 438 feel East of the Southeast corner of the rtersect.on of the County Rock Road and Lemon Avenue, thence run Easterly CO feet thence run. Soothed* 105 feet,; thence run Westerly 103 feel; thence run I.Joitherty 1120 feet to the Port of Beginning: be in Pierce's Sutxlv.sto n of Lemon C.ly in Seetrrn 18, Tomsh.p 63 South, Range 42 East, according to the Seeced Corrected Plat of P.erce'a Su Eon of Lemon City, as reseeded in Plat. Book 2, Page 21, of the Pubic Reoeida of Miami -Dade County, Fronde. Lf PS AND EXCEPT the lands conveyed to The City of Mum, a municipal corpora -ion in Warranty Deed under Clerk's File No. CC-44485, as recorded in Deed Beek 3471, Page 44.3, of tie Pi.brc Records of Miami -Dade County, FIcada. Address: 334 & 350 NE 60th Street Folio: 01-3218-016-0140; 01-3218-016-0150 Le2a1 Description: Lots 20, 21, 22 and za, of B I AYNE P'AP (, wowing to like plat hereof, recorded rl Marl BCC44 1, Page 145, of like Paihre Re arch of Miami -Dade County, Ronda. 43658518;2 Address: 296 NE 60th Street Folio: 01-3218-016-0100 Le2a1 Description: Loi 16, of BISCAYNE PAW, ae:eordrrg is tie plal lheieof ar3 recorded.n Pearl 1, Pam igd, of the Puhbe f eo:xc of MarrrrDadeCoar1y, Fkx da. Address: 270 NE 60th Street Folio: 01-3218-016-0070 Le2a1 Description: Lctl 11, of BISCAYNE PAPE, amino: rig 1a the "napce Mal Thereof, as recor i4 Ptal look 1, Parke 1g8, of tie P„ tle records of Haan -Dade Co brit , F1ar.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 114 in Section 18, Township 53 South, Range 42 East, this point being the Southeast corner of the intersection of Lemon Avenue as now traveled and the County Road, thence run in a Northeasterly direction along said Lemon Avenue 328 feet to POINT OF BEGINNING; thence run in a Northeasterly direction along the South line of said Lemon Avenue 50 feet; thence South 100 feet; thence run in a Southwesterly direction parallel with said Lemon Avenue 50 feet; thence run North 100 feet to POINT OF BEGINNING_ 43658518;2 Address: 262 NE 61st Street Folio: 01-3218-015-0170 Le2a1 Description: BEGINNING at a point 25 feet East and 204 feet and six inches South of the Northwest corner of the Southwest quarter of Section 18, Township 53 South, Range 42 East, this point being the Southeast corner of the intersection of Lemon Avenue as now travelled and the County Rock Road; thence run in a Northeasterly direction along said Lemon Avenue 378 feet, this point being the PLACE OF BEGINNING; thence running a Northeasterly direction along the South line of said Lemon Avenue 60 feet; thence South 100 feet; thence in a Southwesterly direction parallel with Lemon Avenue, 60 feet; thence North 100 feet to the PLACE OF BEGINNING, Tying and being in Miami -Dade County, Florida; subject to z feet deeded to the City of Miami from North side of property for street purposes, deed dated January 27, 1953, in Deed gook 3741, at page 443, of the Public Records of Miami -Dade County, Florida_ Address: 6380 NE 4th Avenue Folio: 01-3218-020-0321 Le2a1 Description: North 105.79 of the South 360 feet of Tract "R" REID ACRES, according to the Plat thereof, as recorded in Plat Book 50, at Page 84, of the Public Records of M iarni-Dade County, Florida. 43658518;2 Address: 6301 NE 4th Avenue Folio: 01-3218-020-0361 Le2a1 Description: A portion of Tract T. of REID ACRES, according to the Plat thereof, as recorded in Plat Book 50, Page 84, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: BEGINNING at the Southeast corner of said Tract "T"; thence North 00'01'34" West along the Easterly boundary of said Tract "T', a distance of 266.67 feet (said course being coincident with the Westerly right of way line of the Florida East Coast Railway); thence Norlh 07'56'27" West, a distance of 72.16 feet to a paint of curvature; thence Northwesterly along a circular curve to the left, having a radius of 351.26 feet and a central angle of 04'36'21", for an arc distance of 28.24 feet (the last mentioned 2 courses being coincident with the Southwesterly boundary of that certain railway easement recorded in Deed Book 3719, Page 148, of the Public Records of Miami -Dade County, Florida); thence South 89°58'26" West at right angles to the next described course, a distance of 235.03 feet thence South 00°01'34" East along the Westerly boundary of said Tract "T", a distance of 364.43 feet thence South 89° 41' 10" East along the Southerly boundary line of said Tract °'T", a distance of 250.00 feet to the point of beginning_ Address: 415 NE 62nd Street Folio: 01-3218-047-0010 Le2a1 Description: Parcel "3": Tract "A', 01 emu'ii DI VISION, a carclrg to 1ne Plat &we+af, as recorded rr Plat Book 87, Page 23, of the Fume Records of Miami -Dade County, Ronda, Be of lee atone lying and being in Secteon 18, Tow' 5 a 4a.1n, Range 42 East iikairra-DadeCcurrly, Florida. Address: 365 NE 61st Street Folio: 01-3218-015-0730 Legal Description: Lot 4, Block 18 of SECOND] CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, accordig 1a the Ftstthereof as recorded in Miami 2, Page 21, of lee Punic Records of PAismrdadeComity. Fko a. And LESS fie South 2.5 feel. and I FAA AND EXCEPT teal portion of Lot 4, Mock 18 of SECOND CORRECTED] PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY. ancerdirwg tu+ ire Plat Thereof as recorded in MI Boa& 2. Page 21, of Me Punric Records of Miarrr-Dade C itinV. Route, winch kes North of a Y`e 1nal r 2.5.(X) feel Sort' o#, as measured al rigid angles, and paraeek ten like center erne of FJ.E. 62 Steel, as aid center line BB shown on the pnatof JOYCE PROPPRT ES SUBDIVISION, according io lee plat hereof recorded re PIa1 Beek 51, Paige 38, of Me Piicic Records of Miami -Dade Co rely, Florida, pursuant to Order of Taking recorded in Odf i l Records Book 107.38, Page 1721 together were Final Judgment as to Parcel ?,la.% 42 and 44 recorded in Official Records Bone 10877, Page 21263, of lee Pudic Records of PArarri-Dale County, Ronda. 43658518;2 Address: 298 NE 61st Street Folio: 01-3218-022-0100 Le2a1 Description: BEGINNING at a point 204_05 feet South of the Northwest corner of the Southwest 1/4 in Section 18, Township 53 South: Range 42 East; thence run 613 feet NortheaRterly+ to a POINT OF BEGINNING; thence run South 100 feet: thence East 105.E feet: thence North 100 feet thence West 105.5 feet to POINT OF BEGINNING, less the North 2.5 feet thereof, lying and being in Miami -Dade County, Florida_ Address: 300 NE 61st Street Folio: 01-3218-022-0010 Le2a1 Description: BEGINNING at a point 204.05 feet South of the Northwest corner of the Southwest 114 in Section 18, Township 53 South, Range 42 East; thence run 718.5 feet Northeasterly to a POINT OF BEGINNING; thence run South 100 feet; thence East 50 feet: thence North 100 feet: thence West 50 feet to POINT OF BEGINNING. less the North 2.5 feet thereof, lying and being in Miami -Dade County. Florida_ Address: 310 NE 61st Street Folio: 01-3218-022-0020 Le2a1 Description: BEGINNING at a point 204.05 feet South of the Northwest corner of the Southwest 1J4 in Section 18, Township 53 South, Range 42 East thence run 768.5 feet Northeasterly to a POINT OF BEGINNING; thence run South 100 feet: thence East 50 feet: thence North 100 feet thence West 50 feet to POINT OF BEGINNING, less the North 2.5 feet thereof, lying and being in Miami -Dade County, Florida_ 43658518;2 Address: 340 NE 61st Street Folio: 01-3218-022-0040 Le2a1 Description: DULLAMS UNRECORDED PLAT, SAME BEGINNING 204.5 FT_ SOUTH AND 918.5 FT_ EAST OF NW CORNER SW 114 SOUTH 100 FT EAST 100 FT. NORTH 100 FT. WEST 100 LOT 5 & 0 LESS 2.5 FT. FOR ST. (LEGAL DESCRIPTION AS PER OFFICIAL RECORDS BOOK 27029 PAGE 2669 MIAMI-DADE COUNTY. FL RECORDS) Address: 371 NE 61st Street Folio: 01-3218-015-0720 Le2a1 Description: LOT 3, LESS THE EAST 1.00 FOOT THEREOF, AND LESS THE NORTH 7.50 FEET AND THE SOUTH 2.50 FEET THEREOF FOR ROAD RIGHT-OF-WAY, IN BLOCK 18 OF "SECOND CORRECTED PLAT OF PIERCES SUBDIVISION„ LEMON CITY" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 21 OF THE PUBLIC RECORDS OF M IAMI-DADE COUNTY, FLORIDA_ Address: 6350 NE 4th Avenue Folio: 01-3218-020-0320 Le2a1 Description: The North 134.21 feed of the South 254.21 feet of Tract "l " REIO ACRES, according to the Plat thereof, as re riled in Pi -at Belk 50, at Page 84, of the Public R cords of Miami -Dade County, Florida. 43658518;2 Address: 353 NE 61st Street Folio: 01-3218-015-0740 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 BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Address: 288 NE 61st Street Folio: 01-3218-022-0090 Legal Description: BEGINNING AT A POINT 204.5 FEET SOUTH OF THE QUARTER SECTION CORNER ON THE WEST LINE OF SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, WHERE THE SOUTH LINE OF LEMON AVENUE, PRODUCED WESTERLY, WOULD INTERSECT THE WEST LINE OF THE SAID SECTION 18, THENCE RUN NORTHEASTERLY ALONG THE SOUTH LINE OF LEMON AVENUE AND THE SOUTH LINE OF LEMON AVENUE PRODUCED WESTERLY, A DISTANCE OF 563 FEET FOR THE NW CORNER OF THE TRACT HEREBY CONVEYED; THENCE RUN SOUTH 100 FEET; THENCE RUN EASTERLY AND PARALLEL TO THE SOUTH LINE OF LEMON AVENUE, 50 FEET; THENCE RUN 100 FEET TO THE SOUTH LINE OF LEMON AVENUE; THENCE RUN WESTERLY ALONG THE SOUTH LINE OF LEMON AVENUE, 50 FEET TO THE NW CORNER OF THE TRACT HEREBY CONVEYED: LESS AND EXCEPT THE LANDS CONVEYED TO THE CITY OF MIAMI, A MUNICIPAL CORPORATION IN WARRANTY DEED RECORDED IN DEED BOOK 3657, PAGE 282 AND RERECORDED IN O.R. BOOK 4695, PAGE 288, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL IDENTIFICATION NUMBER: 01-3218-022-0090 Address: 370 NE 60th Street Folio: 01-3218-016-0180 Legal Description: LOT 24 OF BISCAYNE PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PL4 T BOOK }, ATPAGE 195 OF THE PUBLIC RECORDS OF MIAMf-VADE COUNTY, FLORIDA. 43658518;2 Address: 5972 & 5974 NE 4th Avenue Folio: 01-3218-089-0010; 01-3218-089-0020 Le2a1 Description: UNIT 5972 AND UNIT 5974, OF 380 WAREHOUSE CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 28550, PAGE 4835 AND ALL EXI-!!BITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF MIAM!-DDADE COUNTY, FLORIDA. Address: 5952 NE 4th Avenue Folio: 01-3218-016-0200 Le2a1 Description: LOTS 27, 2$ AND 29, OF BISCA YNE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 198, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, 43658518;2 EXHIBIT B Approved Regulating Plan See attached. MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 1.1. DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN (SAP) The Magic City Innovation District SAP is a phased, mixed -use and innovation -oriented project located in the heart of Little Haiti with its core values and concepts focused in entrepreneurship and innovation; technology; arts and entertainment; sustainability and resiliency; and health and wellness. The total site area consists of approximately seventeen point seventy-five (17.75) acres of contiguous parcels, generally bounded as follows: (i) on the North, by the Little Haiti Soccer Park and NE 64th Terrace; (ii) on the East, by NE 4th Court and NE 4th Avenue; (iii) on the South, by NE 60th Street; and (iv) on the West, by NE 2nd Avenue. The exact site area of the Magic City Innovation District SAP is described in detail in the Concept Book and Development Agreement which accompany this Regulating Plan. ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) a. RESIDENTIAL Micro Unit Residence: A Residential Use within a mixed -Use Building, in which at least 50% of Residential Use Floor Area is comprised of Micro Units, with shared access to a common kitchen facility on same Floor, dining room, living room, accessory communal workspace, laundry facility and includes a Ped-Bike Station on ground Story with access from a Principal Frontage. See Article 6, Table 13 of this Regulating Plan. Work -Live: A mixed -Use unit that contains a commercial, office or light industrial component. The work component may exceeds fifty percent (50%) of the Dwelling Unit area. See Article 6. d. COMMERCIAL Open Air Retail: A retail sales establishment operated substantially in the open air including, but not limited to: farmers market, Flea Markets, cafes, Retail Merchandising Units, and the like. Uses not included are: car sales, equipment sales, boats sales, and home and garden supplies and equipment. See Article 6. Place of Assembly: A commercial facility for public assembly including but not limited to: arenas, auditoriums, conference facilities, convention centers, exhibition halls, major sports facilities, theaters and performing arts centers, entertainment -oriented venues featuring art, theatrical, music, cultural and similar performances including a combination thereof, innovative flex or other compartmentalized spaces where performances or displays are provided to audiences, and the like. 1 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 1.1. DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) Media Production Facility: A facility primarily used for media, film and/or digital production, including staging, pre -production activities, production, and post -production editing, inclusive of ancillary storage, packaging, offices and sales support. Art Gallery: A place of business primarily engaged in the display and sale of art work created on or off site, with works available for immediate purchase and removal from the premises. Any art work created on site shall be created within a fully enclosed Structure, unless otherwise approved by SAP Permit. Manufacturing -Enabled Retail: A facility which shall include on -premises retail sales of goods manufactured, processed or assembled on -site at the facility. Flex Space Use: A mixed Use facility consisting of a combination of Commercial and Office Uses that provide a flexible configuration of collaborative work spaces within a Building, including but not limited to Media Production Facility, Place of Assembly, theatrical performance space, Manufactured -Enabled Retail, warehouse, Art Gallery, exhibition, museum and/or conference space, along with related Office space. Habitable Space located on the ground Floor shall contain active Uses. *** f. CIVIL SUPPORT Major Facility: A large facility of an institutional nature including but not limited to Hospitals, public health and social service facilities, rccccirch 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 permitted in the zone. e. INDUSTRIAL 2 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 1.1. DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) This category is intended to encompass land Use functions connected with a business or activity involving manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and equipment facilities, and other business serving primarily industrial needs. Residential Uses are not permitted except for live aboard in commercial marinas, Micro Unit Residences and limited work -live Uses. 3 MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 1.2. DEFINITIONS OF TERMS 1.2 DEFINITIONS OF TERMS This section provides definitions for terms in this Regulating Plan for use herein and in the Code that are technical in nature or that might not be otherwise reflect a common usage of the word. Terms not defined herein shall have the meaning provided in Miami 21. The definitions for Terms listed herein shall only apply within the SAP Area. Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on. Abutting properties include properties across a street or alley, or across the Promenade du Grand Bois. Architectural Treatment: The provision of architectural and/or landscape elements on a Facade which serve to visually screen non -active Uses. Architectural Treatment shall be provided for all non -active Use Facade elevations and shall be integrated with the design of adjacent active Uses. Architectural Treatment should conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Architectural Treatment shall be provided through a combination of two or more treatments, including, but not limited to, the use of materials and construction assemblies; continuation of fenestration patterns, architectural features, articulation and rhythm; application of architectural screens, meshes, louvres, art and glass; the incorporation of vegetated surfaces and planters pursuant to a maintenance agreement approved by SAP Permit. Block: The aggregate of private Lots, passages, rear lanes and Alleys, the perimeter of which abuts Thoroughfares, rail corridors and/or public spaces. Building Function: The Uses accommodated by a Building and its Lot. Functions are categorized as Restricted, Limited, or Open, according to the Intensity of the Use. Uses permitted in the Open category may be provided within a Flex Space as provided herein. Cantilever: A Frontage consisting of a portion of a Facade with a projecting or protruding section of a Building above the ground level Story and open to a Thoroughfare or Civic Space Type on one (1) side. The area below a Cantilever may be an extension of a Civic Space Type. A Cantilever may project beyond the Frontage Line into a Civic Space Type (including into the Promenade du Grand Bois) within the SAP Area up to five (5) feet, including into an improved privately -owned outdoor area (even if open to the public). See Frontages Article 4, Table 6 of this Regulating Plan. Civic Space Types: Open Space defined by the combination of certain physical constants including the relationship between their intended Use, their size, their landscaping and their enfronting Buildings. See Article 4, Table 7 of this Regulating Plan. The Promenade du Grand Bois shall be considered a Civic Space Type for purposes of this Regulating Plan and Miami 21. Concept Book: Plans, drawings and diagrams which accompany the SAP and illustrate the intent of this Regulating Plan, as the same may be amended from time to time. 1 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 1.2. DEFINITIONS OF TERMS Development Agreement: The Development Agreement for the Magic City Innovation District SAP approved by the City Commission pursuant to Ch. 163, Florida Statutes, and Section 3.9.1.f of the Miami 21 Code, as the same may be amended from time to time. Floor Area: The floor area within the inside perimeter of the outside walls of the Building including hall -ways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only interior Atria and open air spaces such as exterior corridors, Galleries, Porches, balconies and roof areas. Also means Building or Development Capacity. Frontage: The area between a Building Facade and the vehicular lanes of a Thoroughfare or the pavement of a Pedestrian Passage, or a Civic Space Type as identified within Article 4, Table 7 of this Regulating Plan. Frontage, Principal: That Frontage facing the public space such as a Thoroughfare of higher pedestrian importance (i.e., traffic volume, number of lanes, etc.). Within the SAP Area, Principal Frontages shall be limited to those identified in the Concept Book. Frontage, Secondary: That Frontage facing the public space such as a Thoroughfare that is of lesser pedestrian importance (i.e., traffic volume, number of lanes, etc.). Within the SAP Area, all Frontages shall be considered Secondary except those identified as Principle Frontages in the Concept Book. Lot Coverage: The area of the Lot occupied by all Buildings, excluding Structures such as decks, pools, Galleries, and trellises. Magic City SAP Parking Program: A centralized parking system to be provided within the SAP Area, including on -site and off -site parking, valet operations and shared parking facilities, which shall account for parking compliance in the aggregate concurrent with each phase of development of the SAP. See Article 4 of this Regulating Plan and Concept Book Sheet 34. Market Pavilion: A Building or Structure used for occasional or periodic sale of goods, including but not limited to fresh or prepared foods and beverages, for limited periods of times and which may be located within the Promenade du Grand Bois. Micro Unit: A small Multi -Family Residential Dwelling Unit type that shall include sanitary facilities and kitchen facilities. See Article 6, Table 13 of this Regulating Plan. Open Space: Any parcel or area of land or water essentially unimproved by permanent Buildings and open to the sky, excluding open parking areas; such space shall be reserved for public or private Use. Open Spaces may include Parks, Greens, Squares, Courtyards, Gardens, Playgrounds, Paseos (when designed predominantly for pedestrians), and pedestrian paths or associated landscaped areas. Ped-Bike Station: A facility within the first Story of a mixed -Use Building in a Transit Corridor or TOD area ancillary to Residential, Office, Commercial, Civic, or Civil Support Uses that contains 2 MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT 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, including but not limited to a vending cart or kiosk, open on one or more sides, fixed or portable, which may be connected to electricity and/or potable water, used as Open Air Retail for a Commercial purpose or for the display or dissemination of information. SAP: The Magic City Innovation District Special Area Plan, inclusive of the properties identified within its boundaries, as approved by the City Commission, and subject to the adopted Regulating Plan, Concept Book, and Development Agreement. See also Article 2.1.1 of this Regulating Plan. SAP Area: The property area located within the SAP boundaries. SAP Campus Zones: The following four (4) campus zones delineated within the SAP Area on Sheet 22 of the Concept Book: • Le Marche DuPuis: The western corridor SAP Campus Zone with T5-0 Transect Zone designation located adjacent to NE 2nd Avenue. • Les Bureaux: The western core SAP Campus Zone with MCID-1 Transect Zone designation located west of the central MCID-2 Transect Zone area. • Les Residences: The central core SAP Campus Zone with MCID-2 and D1 Transect Zone designations. 3 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 1.2. DEFINITIONS OF TERMS • Les Ateliers: The eastern core SAP Campus Zone with MCID-1 and Di Transect Zone designations located east of the central MCID-2 Transect Zone area and extending to NE 4th Court. SAP Permit: Magic City Innovation District SAP Permit approved pursuant to the requirements of Article 7.2.1.10 of this Regulating Plan. Thoroughfare: A vehicular way incorporating moving lanes and parking lanes within a right-of-way as part of an interconnected network for vehicular, pedestrian and bicycle mobility. For purposes of designating a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid) within the SAP, Thoroughfare also includes a principal pedestrian right-of-way of at least fifty (50) feet in width and two hundred fifty (250) feet in uninterrupted length which directly connects to a full public right-of- way having vehicular, pedestrian, and bicycle mobility components. Transect Zone (T-Zone): The identification of areas of varying Density whose character is determined by the requirements for Use, Height, Setback and the form of Building and the form of the enfronting public streetscape. The elements are determined by their location on the Transect scale. The T-Zones are: T1 Natural, T2 Rural, T3 Sub -Urban, T4 Urban General, T5 Urban Center, and T6 Urban Core, MCID Magic City Innovation District Urban Core, CS Civic Space, CI Civic Institutional, CI -HD Civic Institution — Health District, D1 Work Place, D2 Industrial and D3 Waterfront Industrial. Within T3 through T6 Zones are additional categories, Restricted (R), Limited (L) and Open (0), and each category shall also be considered a T-Zone. The MCID Transect Zone has two (2) subcategories, MCID-1 and MCID-2, as described and applicable throughout this Regulating Plan. Transit Oriented Development (TOD): A designation established by the City involving an area Rat 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 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP 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 leadinq innovators who will disrupt and change the world through advancing technologies that span verticals from art to architecture, new -tech to clean -tech, fashion to food, media to film production, and software to sustainability. The mixed -use urban campus will facilitate innovation, economic development and walkability within and around the campus area, enhanced green space and tree canopy conservation, arts and culture, resiliency and activation within the borders of the SAP and within the surrounding communities. b. The primary purpose of the SAP is consistent with Section 3.9 of this Code, to allow greater integration of public improvements and infrastructure; enhanced thoroughfare connectivity, a variety of Building Heights; massing and streetscape design, high quality design elements, all in order to further the intent of this Code. 2.1.2 Intent, Project Pillars and Guiding Principles a. The intent of the SAP is to guide the revitalization and redevelopment of former trailer park and old industrial and warehouse buildings. The SAP will establish a series of mixed -use commercial, residential and entertainment complexes with a spotlight on local businesses and community networks. The SAP will become a hub for hands-on learning opportunities with leaders in the fields of technology, sustainability and business innovation, thus creating a vibrant neighborhood brought to life by art, sculpture and experiential design. b. The SAP is guided by the following project pillars 1. Cultural Heritage. Preserve the cultural identity and heritage of central Little Haiti through the Little Haiti -French Creole Design Standards, reflecting the rich Caribbean cultural heritage appropriate for NE 2nd Avenue. 2. Technology. Develop a community that houses an entire start-up ecosystem, supporting entrepreneurs with incubators, accelerators, venture capital financing and mentoring programs. The SAP development will be at the forefront of global technology and innovation. 1 MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS 3. Art & Entertainment. Create a world -class destination for immersive art experiences that showcases groundbreaking entertainment, music, performances, sculptures and art from around the globe. 4. Sustainability & Resiliency. Utilize forward thinking urban planning in the construction of the SAP to minimize environmental impact, improve resiliency, and building efficiencies to promote a healthy environment for people to live, work, learn and play. 5. Health & Wellness. Promote well-being and longevity for all, by providing a neighborhood focused on health and wellness. c. Guiding Principles 1. Walkable Integrated Campus. A mixed -use master plan designed as a walkable campus that will consist of retail, office, residential, hotel, entertainment, parks and other public spaces. 2. Celebration of Cultural Diversity. Enhancement of the cultural connection and relationship of the Little Haiti neighborhood through befitting civic spaces, public open spaces and enhanced walkability and connectivity within the SAP Area and to the surrounding community; preservation of one of the City's oldest structures, the DuPuis Medical Office & Drugstore Building. 3. Innovation -Oriented Development. Create a world -class innovation -oriented campus to support entrepreneurship and cutting -edge developments in the technology and entertainment spaces. Facilitate site planning for an innovative and high-tech incubator, working with and alongside local entrepreneurs to help grow their businesses; allow for larger and flexible floorplates in MCID Transect Zones to attract special and unique tenants in target industries and sectors. 4. Art & Culture. World -class cultural destination that merges immersive experience with cutting -edge technology and innovations in the realm of art and entertainment; architectural elements and special programs focused on local Haitian and Caribbean design, art and culture. 5. Connectivity. Increased neighborhood connectivity by improving roads and investing in infrastructure within corresponding public spaces, including by using or improving the streetscape with landscape buffers, bicycle lanes and sidewalk furniture and improvements such as street lighting, benches and trash cans. A pedestrian -oriented environment that improves the cohesion and walkability of the neighborhood by connecting NE 4th Avenue and extending NE 3rd Avenue. This will also improve the circulation of traffic within the neighborhood and alleviate congestion along NE 2nd Avenue. The SAP will provide for enhanced mobility through bike amenities and urban design. and includes a proposal for a commuter 2 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS rail station along the Florida East Coast Railway within the SAP Area as shown in the Concept Book. 6. Activation. Incorporates indoor/outdoor concepts including food and beverage and special performances and cultural events. 7. Economic Development & Job Creation. Provide an enhanced urban economic and entrepreneurial fabric through SAP infrastructure and development to curate a community of businesses, makers and educators, who will develop a powerful, self-sustaining economic engine within the City. 8. Centralized Open Space, Civic Space, and Building Amenities. Create approximately three point eight (3.8) acres of open, green and Civic Space Types within the SAP Area, among which will be a linear, landscaped Civic Space Type (i.e., the Promenade du Grand Bois) fully traversing the span of the SAP Area from east to west. 9. Resiliency. Some of highest elevation land in Miami -Dade County; site of original Lemon City settlement along Flagler's railroad; land suited to higher density. A commitment to LEED certification for all building construction, in alignment with a vision for sustainable building practices. 2.1.3 Transect Zones & SAP Campus Zones a. The Transect Zones within the SAP Area are intended to provide a geographic cross- section that creates a sequence of environments and urban forms reflecting the evolution of the SAP innovation district and its urban campus connected through a grand pedestrian - oriented Promenade (i.e., the Promenade du Grand Bois) that provides enhanced mobility, civic space and open space linking NE 2nd Avenue to NE 4th Court. The SAP development program will be concentrated into the core of the campus, stepping down significantly towards the periphery of the SAP Area boundaries, along the NE 2nd Avenue corridor and NE 4th Court corridors, where the intensities and heights under the current zoning atlas will remain unchanged (maintaining current Transect Zones), providing an important buffer and appropriate contextual transitions to the surrounding areas. b. MCID Magic City Innovation District Urban Core Transect Zone (MCID). Pursuant to this Regulating Plan, a new Transect Zone category is hereby created for the SAP and applicable within the SAP Area only: the MCID Magic City Innovation District Urban Core Transect Zone (MCID). As described throughout this Regulating Plan, the MCID Transect Zone has two (2) sub -categories, MCID-1 and MCID-2, the boundaries of which within the SAP Area are delineated on Sheets 17-18 of the Concept Book. The MCID Transect Zone shall have the equivalent standards and criteria, and be regulated the same, under the Miami 21 Code as the T6-0 Urban Core Transect Zone, as modified by this Regulating Plan. In addition, except as modified by this Regulating Plan (i) the MCID subcategory of MCID-1 shall have the equivalent standards and criteria, and be regulated the same, under 3 MIAMI 21 — JANUARY 2018 DRAFT— 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 2. GENERAL PROVISIONS the Miami 21 Code as the T6-12-0 Transect Zone, and (ii) the MCID subcategory of MCID- 2 shall have the equivalent standards and criteria, and be regulated the same, under the Miami 21 Code as the T6-24-0 Transect Zone (in each case subject to the modifications in this Regulating Plan). The intent of the MCID Transect Zone is to effectuate the project pillars and guiding principles of the SAP described above, with the overall goal of creating a true innovation district and entrepreneurial hub for the City within the SAP Area, coupled with the purposeful revitalization of the Little Haiti and Little River neighborhoods and strengthening of the local community. c. SAP Campus Zones. The SAP is divided into four (4) "campus zones," which generally trace the boundaries of the Transect Zone designations within the SAP Area, as illustrated on Sheet 22 of the Concept Book. 1. Le Marche DuPuis Campus Zone —The western corridor campus zone including the SAP parcels adjacent to NE 2nd Avenue, which will maintain the current T5-0 Transect Zone designation and applicability of Little Haiti -French Creole Design Guidelines, reflecting the rich Caribbean cultural heritage appropriate for NE 2nd Avenue. Le Marche DuPuis Zone includes the historic DuPuis Medical Office & Drugstore Building located at 6041 NE 2nd Avenue, which will remain a significant local historic resource while playing a prominent role in the SAP as illustrated in the Concept Book. Le Marche DuPuis Campus Zone will be focused on lower - scale retail and office uses. 2. Les Bureaux Campus Zone — The western core campus zone with MCID-1 Transect Zone designation located west of the central MCID-2 Transect Zone area. Les Bureaux Campus Zone will be focused on office and hotel uses. 3. Les Residences Campus Zone — The central core campus zone with MCID-2 and D1 Transect Zone designations. Les Residences Campus Zone will be focused on multifamily residential uses. 4. Les Ateliers Campus Zone — The eastern core campus zone with MCID-1 and D1 Transect Zone designations located east of the central MCID-2 Transect Zone area and extending to NE 4th Court. Les Ateliers Campus Zone will be focused on office, retail and entertainment uses. * * * * * * * * * * 2.2 APPLICABILITY This Regulating Plan establishes standards, requirements and criteria applicable to guide appropriate use and development within the SAP Area, consistent with the intent and guiding 4 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 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 may be necessary during the implementation of the development phases within the SAP Area. The SAP development program shall be limited only as expressly set forth in the Development Agreement, and as generally subject to the applicable Transect Zone limitations under this Regulating Plan (and under the Code where not modified by this Regulating Plan). Further, except as expressly referenced herein and in the Development Agreement, the Concept Book is intended to provide contextual and illustrative concepts to help describe the intent and vision of the SAP and examples of permitted, encouraged and compatible development types, and does not act as a general regulatory tool or restriction to control use and development of private property or infrastructure improvements. Where any development within the SAP Area is not governed, addressed or contemplated by the adopted SAP materials, including this Regulating Plan, the requirements of the Code shall apply to such development. * 2.2.2 Conflicts Where standards set forth in this Regulating Plan, including incorporations by reference contained herein, conflict with the Miami 21 Code, the standards set forth in this Regulating Plan shall control. Where this Regulating Plan is silent, the underlying Miami 21 Code standards shall govern as applicable. This Code does not abrogate or affect any Easements, covenants, deed restrictions, property owner association rules, or agreements between private parties. Where the regulations set out in this Code are more restrictive than such Easements, covenants, deed restrictions, homeowner association rules, or agreements between private parties, the restrictions of this Code shall govern. 5 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION 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 D1 CI, CS, D1, D2, and D3, buildable sites shall Enfront a vehicular Thoroughfare or a Pedestrian Passage, Promenade, or Civic Space Type, with at least one Principal Frontage, unless as otherwise depicted on Sheet 35 of the Concept Book. ****** 3.4 DENSITY AND INTENSITY CALCULATIONS ****** 3.4.2 Density shall be calculated in terms of units as specified by Article 4, Tables 3 and 4 of this Regulating Plan. The referenced tables provide the maximum allowable Densities. For the purpose of concentrating Density within the central core SAP Area in the MCID-2 Transect Zone/Les Residences Campus Zone area delineated on Sheets 17-18 and 22 of the Concept Book, Density may be transferred between Transect Zones within the SAP Area, provided that (i) the total Density within the SAP Area does not exceed the sum of the allowable Densities in each Transect Zone and (ii) the total Floor Area within the SAP Area does not exceed the limits established in the Development Agreement. Intensity shall be calculated in terms of Floor Lot Ratio. Lot Coverage, Setbacks, Height and Floorplate standards as more specifically set forth herein in this Regulating Plan. The buildable Density or Intensity on any particular site will be affected by other regulations in this Code and thus the stated maximums of this Miami 21 Code may exceed the actual Capacity that a site can sustain when other regulations of this Code are applied to the site. The inability to reach the maximum Density or Intensity because of the necessity to conform to the other regulations of this Code shall not constitute hardship for purposes of a Variance. 1 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 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 and 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 walls shall be measured from the Average Sidewalk Elevation or, where no sidewalk exists, the average of the record profile grade elevation of the street Abutting the Principal Frontage of the Building, as deter -mined by the Public Works Department. In the event that the base flood elevation, as established by FEMA, is higher than the sidewalk or grade elevations, the Height of the first Story but not the height of Fences and walls shall be measured from the base flood elevation. 3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in Height from finished floor to finished floor. Basements are not considered Stories for the purposes of determining Building Height. A ground level rctail Commercial Use Story may exceed this limit up to a total height of twenty-five (25) feet. A single floor level exceeding fourteen (14) feet, or twenty- five (25) feet at ground level retail Commercial Use, shall be counted as two (2) Stories; except for T6 36, T6 48, T6 60, T6 80, and T5, MCID and D1, where a single floor level exceeding fourteen (14) feet (or exceeding twenty-five (25) feet at ground level Commercial Use) may count as one (1) story if the building height does not exceed the maximum height, including all applicable bonuses, allowed by the transect at fourteen (14) feet per floor. Where the first two tories 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 — 2/22/19 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 be cumulative except in T6 36, T6 48, T6 60 and T6 80. Parking reductions shall not exceed fifty percent (50%) of the total Off-street Parking required, except for Rccidcntial 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 - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES 3.6.8 Deferral of Off-street Parking Standards a. Deferral of portions of total required parking improvements in phased projects Parking requirements shall be met as set forth by this Code Regulating Plan and built concurrently with approved improvements generating said requirement. Provision of parking should not in part or in whole be deferred for future implementation. Further, phased projects shall be approved subject to provision of required parking for each component phase to be provided concurrently with the phase generating said requirement; however deferrals may be granted by Exccption 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 a yew Exception. 3.6.9 Off-street Loading Requirements a. Off-street vehicular loading shall be required for all T5, T6, CS, CI, CI HD and D zones, as shown in Article 4, Table 5 of this Regulating Plan and further described in Article 5 of this Regulating Plan, except as modified or supplemented below, and shall require no more than three (3) turning movements unless otherwise approved by SAP Permit. 1. On -street loading for all Transect Zones within the SAP Area may be allowed in areas designated by signage and for limited intervals during specified hours. On - street loading areas intended to service Office, Commercial, Lodging and Residential loading berth requirements described within Article 4, Table 5 of this Regulating Plan may be permitted within specifically designated zones along Thoroughfares within 500 feet of the Development or Building site; on -street loading berths may be shared among Development or Building sites within 500 feet of the loading berth. On -street loading within such designated zones shall not exceed 30 minutes. Such loading activity shall occur only between times posted. 2. For the purpose of loading maneuverability for future Development within the SAP Area, the following criteria shall apply: (a) Where turning movements are required for a loading berth, turning movements associated with one (1) loading berth per Development or Building may be made on -street. (b) Where turning movements are required for a loading berth, turning movements associated with more than one (1) loading berth per Development or Building may be permitted on -street by SAP Permit. 4 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 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, dcfining with newly created Blocks as generally illustrated on Concept Book Sheet 21 not exceeding an average perimeter length of approximately 1,500 47320 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 — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 3. GENERAL TO ZONES b. Within the Public Frontages, the arrangement of street trees and street lights should be as provided in Article 8 of this Regulating Plan and as may be specifically depicted in the Concept Book. d. The Public Frontage in Transect Zones T4, T5, T MCID and D1 should include trees planted in a regularly -spaced AIlcc an organically spaced manner, in accordance with the minimum number of required street trees under Article 9 of the Code, of single or alternated species with shade canopies of a height that, at maturity, clears the first Story. The introduced landscape should consist primarily of durable species tolerant of soil compaction. 3.12.1 Design Guidelines This section lists additional guidelines defining elements to protect and promote Neighborhood or area character within the SAP boundaries. Where applicable, proposed buildings shall be reviewed by the Planning Director prior to the issuance of a building permit. *Le Marche DuPuis Zone/NE 2nd Avenue Corridor. Little Haiti - French Creole Design Standards 3.13 SUSTAINABILITY 3.13.1 General b. All new Buildings of more than 50,000 square feet of Habitable Rooms or Habitable Space in the T5, T§ MCID, CI and CS zones shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. 3.14 PUBLIC BENEFITS PROGRAM Within the SAP Area, the developer may build to the maximum Building Heights established for each applicable Transect Zone in this Regulating Plan, in accordance with Section 16(b) of the Development Agreement. 6 MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT - 2/22/19 ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTIONS THE MAGIC CITY INNOVATION DISTRICT URBAN CORE ZONE consists of the highest Density and greatest variety of Uses to promote and support innovation, entrepreneurship and community growth in an urban campus environment. •,s; r, c, • i ititil ._)1 - a MIAMI 21- JANUARY 2018 DRAFT - 2/22119 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY LOT OCCUPATION -n- .4_4.1 - ---r a. n Q 4 4 0 0 (..1.; _4 c ,--t 00Q� CU b< T6-12� T1 a URAL20 m Rcaa 20RE T3 SUB.URBaN ZONE GENERAL URBAN ZONE T5 f URBAN CENTER ZONE MAGIC CITY IN OVATION DISTRICT URBAN[OREMxEs a. Lot Area 5,000 s.f. min. 1,400 - 20,000 ** 1,200 40,000 5,000 sf. min 0,000s.f.max.** 5,000 sf. min. 70,000,.f.max .** 5,000 sf. min. 100,000,.f.max.** s.f. s.f. s.f. s.f. 5,000 sf min. b. Lot Width 50 fit. min. 15 ft. min / 50ft. min.** 16 ft. min / 50 ft. min.** 50 ft. min. 50 ft. min. 50 ft. min. c. Lot Coverage 50%max.lstFloor 30% max. 2nd Floorfor T3 R & T3Lonly 60%max. 8090%max. per Lot* * [ 80% 80% max. max. in aggregate within the 8D90%max. per Lot** entire SAP Area 8090%max. per Lot** 1 d. Floor Lot Ratio (FLR) 5/25% additional Public Benefit*** 8130% Public 7 I 30% additional Benefit *"" N/A a. additional Public Bcnefit b.16 I r 40 % additional Public f;cncfit*** N/A o. Frontage at rant 501525v SU%min. f0 SU%min. rU%min. FUSU%min. 0ta SU% min. t. Green /Open space Regwrements 25% Lot Area min. Min. 11) Lot Area in aggregate vAthin the entire SAP Area I g. Density BUILDING SETBACK 9.18 du/acre max.** 35 du/acre max. 65150 du/acre max. 150 du /acre * 150 du /acre •- 150 du /acre - a. Principal Front 20 ft. min. 10 ft.min. 1D ft. min. 10 ft. min. 10 ft. min.** 10 ft. min.** b. Secondary Front 10 ft. min. 19 ft. min. 8-051. min. 10 ft. min. 185 ft. min.** 105ft min.** c. Side 5ft. min.*" 0ft. min. /5ft.min.** 0ft. min.** 0ft. min.** 0ft. min.** Oft. min." d. Rear 20 ft. min. 20 ft. min. 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** OUTBUILDING SETBACK a. Principal Front 20 ft. min. (T3 L only) 30 ft. min. b. Secondary Front 10 ft. min. (T3 L only) 10 ft. min. c. Side 5ft. min. (T3L only) 0 ft. min. / 5 ft.min. d. Rear 5 ft. min. (T3 L only) 5 ft. min. PRIVATE FRONTAGES a. Common Lawn permitted permitted prohibited prohibited prohibited prohibited b. Porch & Fence permitted permitted prohibited prohibited prohibited prohibited c. Terrace or L.C. prohibited permitted prohibited prohibited prohibited prohibited d. Forecourt prohibited permitted permitted permitted permitted permitted e. Stoop prohibited permitted permitted permitted permitted permitted f. Shopfront prohibited permitted (T4 L, T4 0) permitted (T5 L, T5 0) permitted (T5-8 L, T5-8 0) permitted (T6 12 L TSP' 0) permitted 24 L, T5 24 0) (TE g. Gallery prohibited prohibited permitted ** permitted ** permitted ** permitted** h. Arcade prohibited prohibited permitted** permitted** permitted** permitted** i. Cantilever BUILDING HEIGHT (Stories) Permitted Permitted Permitted a. Principal Building 2 max. 3 max. 2 min. 56 max. 2 min. 8 max. 2 min. 4-2 20 max. 2 min. 24 25 max. b. Outbuilding 2 max. 2 max. c. Benefit Height Abutting T5, TO & T4 only 1 max.** 4 max.** 8 24 max.** max.** THOROUGHFARES a. HW& RR permitted prohibited prohibited prohibited prohibited prohibited b. BV permitted permitted permitted permitted permitted permitted c. SR permitted permitted prohibited permitted permitted permitted d. R5 permitted permitted prohibited permitted permitted permitted e.SS&AV prohibited prohibited permitted permitted permitted permitted f.CS&AV prohibited prohibited permitted permitted permitted permitted g.Rear Lane permitted permitted prohibited prohibited prohibited prohibited h. Rear Alley permitted permitted permitted permitted permitted permitted i. Path permitted permitted prohibited prohibited prohibited prohibited MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY j. Passage permitted permitted permitted permitted permitted permitted k. Bicycle Path permitted permitted permitted permitted permitted permitted I. Bicycle Lane permitted permitted permitted permitted permitted permitted rn. Bicycle Route permitted permitted permitted permitted permitted permitted n. 5harrow prohibited permitted permitted permitted permitted permitted o. Priority Bicycle Route permitted permitted prohibited permitted permitted permitted "Or as modified in Diagram 9 'Note: Refer to Article 5 for Specific Transect Zone Regulations ***Note: Bonus shall net be available for T6 properties abutting T3 properties (refer to Article 3) MIAMI 21- JANUARY 2018 DRAFT - 2122/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY II 4 P 4 pi Q Q , pf 1 i 1[ r --1 F C . e% MI e 14 1=_== =�== LOT OCCUPATION T6 URBAN ,ORE CORES 6 t 6-80 WORK PLALE L'L1 INDUSTRIAL L'C7 WATERFRONT INDUSTRIA tso:ni CIVIC MT TUTOR REA TR DISTRICT a. Lot Area 5,000 sf. min. 5,000 sf. min. 5,000 sf. min. 5,000 sf. min. 5,000 s.f. min. 5,000 s.f. min. 10,000 s.f. min. 10,000 s.f. min. b. Lot Width 100 fL min. 100 ft. min. 100 ft. min. 100 ft. min. 50 ft. min. 50 ftmin. 100 ft. min. 50 ft. min. c. Lot Coverage 80% max.** 80% max.** 80% max.** 80% max. 8490 % max. per Lot*' 80% max. in aggregate 90 % max within the entire SAP Area 90 % max 80% max d.Floor Lot Ratio (FLR) a.12 or b.22 / 40% additional Public Benefit * * all orb.18/50% additional Public Benefit*** a.11 or b.18 / 50% additional Public Benefit*** 24 / 50% additional Public Benefit*** e.Frontage atfrontSetback 70%min. 70%min. 70%min. 70%min. None None None None f. Open Space Requirements 10% Lot Area min. 10 % Lot Area min. 10% Lot Area min. 10% Lot Area min. 3 Min. 10% Lot Area it addredate within the enti e SAP Area 5% Lot Area min.10 % Lot Areamin. g. Density 150 du /acre * 150 du /acre * 150 du /acre * 150 du /acre * 35 du/acre max. 150 du /acre BUILDING SETBACK a. Principal Front 10 N. min. 10 ft. min. 10 ft. min. 10 fL min. 10 ft. min. 10 ft min. 5 ft. min. 10 ft. min. b. Secondary Front 10ft.min. 10ft. min. tot min. 10ft. min. 10ft. min. 5ft. min. 5ft. min. 10ft. min. c. Side Oft. min.** 0ft. min."* 0fL min.** Oft. min.** 0ft. min.,* Oft. min.** 0ft. min.** 0ft. min.*" d. Rear 0 ft. min.** 0 ft. min." 0 ft. min.** 0 ft. min.** 0 ft. min.*—* 0 ft. min.** 0 ft. min.** 0 ft. min.** OUTBUILDING SETBACK a. Principal Front b. Secondary Front c. Side d. Rear PRIVATE FRONTAGES a. Common Lawn prohibited prohibited prohibited prohibited prohibited prohibited prohibited permitted b. Porch & Fence prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited c. Terrace or L.C. prohibited prohibited prohibited prohibited permitted permitted permitted permitted d. Forecourt permitted permitted permitted permitted permitted permitted permitted permitted e. Stoop permitted permitted permitted permitted permitted permitted permitted permitted f. Shopfront permitted (T6-36 L, T5-360) permitted (T(3-48 L, T6-480) permitted (T6-60 L T6-5001 permitted (T6-80 L, T6-800) permitted permitted permitted permitted g. Gallery permitted ** permitted** permitted** permitted** permitted** permitted** permitted ** permitted** h. Arcade permitted ** permitted ** permitted ** permitted ** permitted ** permitted ** permitted ** permitted** i. Cantilever BUILDING HEIGHT (Stories) permitted a. Principal Building 2 min. 36 max. 2 min. 48 max. 2 min. 60 max. 2 min. 80 max. none $10 max. none 8 max. none 8 max. 1 min. As regulated by F.A.A. b. Outbuilding 2 max.** c. Benefit Height Abutting TO, TS T4 only 24 max.** 32 max."* unlimited ** unlimited** THOROUGHFARES n. Sharrow a. HVJ & RR prohibited prohibited prohibited prohibited prohibited prohibited prohibited o. rnonty bicycle ttoute b. BV permitted permitted permitted permitted permitted permitted permitted * Or as modified in c. SR permitted permitted permitted permitted permitted permitted permitted Diagram 9 * N„t..f'.,f,5.AItill. for Specific Transect d. RS permitted permitted permitted permitted permitted permitted permitted e. SS & AV permitted permitted permitted permitted permitted permitted permitted Zone Regulations f. CS & AV permitted permitted permitted permitted permitted permitted permitted g. Rear Lane prohibited prohibited prohibited prohibited prohibited prohibited prohibited h. Rear Alley permitted permitted permitted permitted permitted permitted permitted i. Path prohibited prohibited prohibited prohibited prohibited prohibited prohibited j. Passage permitted permitted permitted permitted permitted permitted permitted k. Bicycle Path permitted permitted permitted permitted permitted permitted permitted I. Bicycle Lane permitted permitted permitted permitted permitted permitted prohibited m. Bicycle Route permitted permitted permitted permitted permitted permitted permitted MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 2: MIAMI 21 SUMMARY prohibited permitted permitted permitted permitted permitted prohibited permitted prohibited permitted permitted prohibited permitted permitted permitted *** Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3) MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY ARTICLE 4. INNOVATION DISTRICT SAP REGULATING PLAN STANDARDS AND TABLES TABLE 3: USES DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK WORK - LIVE MICRO UNIT RESIDENCE LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. - ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL SERVICE ESTABLISHMENTS GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT ART GALLERY MANUFACT: ENABLED RETAIL MEDIA PRODUCTION FACILITY FLEX SPACE USE CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE / UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL T5 URBAN CENTER T5-O 65 150 R R R R R R R R R R R W R R €R R W W RISP*** R R R W R R W W W W SP W W W-R W R W T6 MCID MAGIC CITY INNOVATION DISTRICT URBAN CORE MCID 150* R R R R R R R SP R R R R W R R €R R W W RISP*** R R R R**** R** R W R R E W W W 41V SP W SP W W R W R W D DISTRICTS 01 35 R SP R SP R R R R R R R R R R R-R/SP*** R R R R R R R R R R W E R R E R E E E PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL R R 4-R R R VR E R R MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 3: USES INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY R**** R** R** R**** R Allowed By Right W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) SP Allowed by SAP Permit: Administrative Process — CRC (Coordinated Review Committee) Boxes with no designation signify Use prohibited. R R R R R Uses may be further modified by Supplemental Regulations, State Regulations, or other provisions of this Regulating Plan, the Development Agreement and the Code. See City Codc Chaptcr 4 the Development Agreement for rcgulations specific requirements related to Alcohol Service Establishments and Food Service Establishments. * Additional densities in some T6 zones are illustrated in Diagram 9. ** AZ: Density of lowest Abutting Zone *** See Article 6.3.2.2 of this Regulating Plan for specific approval requirements for Open Air Retail. **** Use allowed only in the MCID-2 Transect Zone and the MCID-1 Transect Zone within the Les Ateliers SAP Campus Zone. Prohibited in the MCID-1 Transect Zone within the Les Bureaux SAP Campus Zone. MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING T5-0 T5-OPEN DENSITY (UPA) RESIDENTIAL LODGING 65 j Q UNITS PER ACRE Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. • Maximum of 1 parking space per Micro Unit; Maximum of 1 additional visitor parking space for every 10 Micro Units. Live -work - Wsrk component shall provide a maximum of 1 parking space for the non-residential use in addition to parking required for the Dwelling Unit. Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence- Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Dormitory: Minimum of 1 space per staff member and 1 space per 4 residents. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except forcitcswithin 500fcctofanungatcdT3Tranccct Zone, tThe parking ratio may be reduced within a TOD or a or within a Transit Corridor area by up to thirty percent (30%) by proccoc of Waiver; by up to fifty percent (50%) by proccsc of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced un to fifty percent (50%) within a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 foot the Magic City SAP Parking Program within the SAP Area boundaries. by procco.. of Waiver, except when cite is within 500 foot of T3. • Loading - See Article 4, Table 5 of this Regulating Plan Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional visitor parking space for every 10 lodging units. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except forsitcswithin 500fcctofanungatcdT3Tranccct Zone, tThe parking ratio may be reduced within a TOD or a or within a Transit Corridor area by up to thirty percent (30%) by proses of Waiver; by up to fifty percent (50%) by procc^e of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. 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 • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccc.. of Woivcr, cxccpt whcn citc is within 500 fcct of T3. • Loading - See Article 4, Table 5 of this Regulating Plan MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING T5-O T5.OPEN 6.5150 UNITS PER ACRE DENSITY (UPA) OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: Minimum of 3 parking spaces for every 1,000 square feet of office use. Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. Except for 500 feet T3 Transcct cites within of an ungatcd Zonc, tThe parking ratio may be reduced within a TOD eFee—ef within a Transit Corridor area by up to thirty percent (30%) by proccsc of Waiver, by up to fifty percent (50%) by f Waiver into transit pr ccoc and payment a enhancement Trust Fund, as established by Chapter 35 of the City Cade; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit. Within a TOD area, twenty percent (20%1 of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by proccsc of Waiver, except when cite is within 500 fcct of T3. Loading - See Article 4, Table 5 of this Regulating Plan COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: A f 66,000 fcct maximum arca cquarc per octablichmcnt, except for Public Storage Faciliticc. •Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities;, minimum 1 parking space for every 10,000 square feet with a minimum of 8 parking spaces and for Media Production Facility: 1 parking spaces for every 1,000 uar sqe feet. •Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan except for Public Storage facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. -Except for cites within 500fcct of an ungatcd T3 Tranccct Zone, tThe ratio may be reduced within a TOD parking Transit Corridor by to thirty arm or within a area up percent (30%) by proce^c of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. •The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit. •Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six 16) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccsc of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 of this Regulating Plan •Commercial Auto -related, Drive-Thru or Drive -In Facili- ties - See Article 6. MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING T5-0 DENSITY (UPA) CIVIC CIVIL SUPPORT T5-OPEN 55150 UNITS PER ACRE 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 as required. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccptforcitcs within 500fcct of an ungatcd T3 Tranccct Zone, tThe parking ratio may be reduced within a TOD arcs or within a Transit Corridor area by up to thirty percent (30%) by proses.. of Waiver; by up to fifty percent (50%) by process. of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code', or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%1 of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundariesby proccsc of Waivcr, • Loading - See Article 4, Table 5 of this Regulating Plan Civil Support Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 1000 square feet of Civil Support Use, or as provided below: • Minimum of 1 parking space for every 5 seats of assembly use. • Minimum of 1 parking space for every 5 slips of marine use. • Adult Daycare- Minimum of 1 space per staff member. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccptforcitcs within 500fcct of an ungatcd T3 Tranccct Zone, tThe parking ratio may he reduced within a TOD or a or within a Transit Corridor area by up to thirty percent (30%) by proccs., of Waivcr; by up to fifty percent (50%) by proccs of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundariesby proccsc of Waivcr, cxccpt whcn citc is within 500 fcct of T3. • Loading - See Article 4, Table 5 of this Regulating Plan MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING DENSITY (UPA) EDUCATIONAL T5.OPEN 5150 UNITS PER ACRE Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 square feet of Educational Use, unless otherwise indicated below for Schools and Childcare Facilities. • Schools —Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or College/University. • Childcare Facilities- Minimum of 1 space for the owner/ operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccptforcitcs within 500 fcct of an ungatcd T3 Tranccct Zonc, tThe parking ratio may be reduced within a TOD or a or within a Transit Corridor area by up to thirty percent (30%) by procccc of Waivcr; by up to fifty percent (50%) by procccc of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced us to fiftv percent (50%) within a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundariesby proccsc of Waivcr, • Loading- Refer to Article 4, Table 5 of this Regulating Plan MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MCID DENSITY (UPA) RESIDENTIAL LODGING MCID TRANSECT ZONES 150 —1,000 UNITS PER ACRE * Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space per 2 Efficiency Dwelling Units Minimum of 1.5 parking spaces per other Dwelling Units (except Micro 'Units below). • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. • Maximum of 1 parking space per Micro Unit, Maximum of 1 additional visitor parking space for every 10 Micro Units. • Live -work - Work component shall provide a maximum of 1 parking space for the non-residential use in addition to parking required for the Dwelling Unit. • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence- Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Dormitory: Minimum of 1 space per staff member and 1 space per 4 residents. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Fvrrntfnr�itr�within SOnfrrt of,n inn',t,-d T2Tr'*ncrrt Zonc, tThe parking ratio may be reduced within o TOD area-er within a Transit Corridor area by up to thirty )) percent (38 50%) by SAP Pennitprocess of Waiver; by up to fifty sevaityfive percent (68 75%) by SAP Fetrritpresess of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10000) square feet or less. • The parking ratio may be reduced up to eighty percent I80 %) Abutting a Transit Facility in a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fect the Magic City SAP Parking Program within the SAP Area boundaries. \N i cxccpt whcn sits is within 500 foot of T3. • Loadin. - See Article 4, Table 5 of this Re. ulatin. Plan Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 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 Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Fvrnnt fnr,'itr, within gnn frrt rf'n , inn ,f,- d T3 Tr�ncrrt Zone, tThe parking ratio may be reduced within c TOD aeee—er within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by proccsa of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10000) square feet or less. • The parking ratio may be reduced up to fifty percent 150%) within a TOD area by SAP Permit, or eighty percent (80%) Abutting a Transit Facility in a TOD area by SAP Permit. • Within a TOD area tweet .ercent 20% of re.uired MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccoc of Waivcr, cxccpt whcn citc is within 500 fcct of T3. • Loading - See Article 4, Table 5 of this Regulating Plan * Or as modified in Diagram 9 MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MCID DENSITY (UPA) OFFICE COMMERCIAL MCID TRANSECT ZONES 150 UNITS PER ACRE * Office Uses are permissible as listed in Table 3, limited by compliance with: Minimum of 3 parking spaces for every 1,000 square feet of office use. Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. Except for eitcc within 500 feet of an ungated T3 Transcct Zonc, The parking ratio may be reduced within a TOD arm or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by proem, of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit, or eighty percent (80%) Abutting a Transit Facility in a TOD area by SAP Permit. Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by nroccs of Waiver cxccpt when site is within 500 feet of T3. Loading - See Article 4, Table 5 of this Regulating Plan Commercial Uses are permissible as listed in Table 3, limited by compliance with: A maximum arno f 65,000 cquarc feet ctablichment, cxccpt for Public Storage Facilities. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities;; minimum 1 parking space for every 10,000 square feet with a minimum of 8 parking spaces and for Media Production Facility: 1 parking spaces for every 1,000 square feet. •Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. .Fvrrntfnrcitr�urithin FOnfrrtr,fnn inr at,-d Tx Tr* rr•t Zonc, tThe parking ratio may be reduced within a TOD nor within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by procc^c of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10000) square feet or less. • The parking ratio may be reduced up to fifty percent (50%) within a TOD area by SAP Permit, or eighty percent (80%) Abutting a Transit Facility in a TOD area by SAP Permit. No parking is required for Commercial Uses less than ten thousand (10,000) square feet and Abutting a Transit Facility in a TOD area. •Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by nroccuc of Waivcr cxccpt when site is within 500 feet of T3. • Loading - See Article 4, Table 5 of this Regulating Plan • Commercial Auto -related, Drive-Thru or Drive -In Facili- MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 " Or as modified in Diagram 9 ties - See Article 6. MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MCID MCID TRANSECTZONE 150 UNITS PER ACRE* DENSITY (UPA) CIVIC Civic Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 5 seats of as- sembly uses. • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for other Uses as required. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccpt for cites within 600 fcct of an ungatcd T3 Trancect Zone, tThe parking ratio may be reduced within a TOD ar e or within a Transit Corridor area by up to thirty percent (30%) by proccac of Waivcr; by up to fifty percent (50%) by proccx of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code, or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced up to fifty percent f50%1 within a TOD area by SAP Permit, or eighty percent (80%) Abutting a Transit Facility in a TOD area by SAP Permit. • Within a TOD area twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (61 Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccx of Waivcr, except whcn site is within 500 fcct of T3. • Loading - See Article 4, Table 5 of this Regulating Plan CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3, limited by compliance with:. • Minimum of 1 parking space for every 1000 square feet of Civil Support Use. • Minimum of 1 parking space for every 5 seats of assembly use. • Minimum of 1 parking space for every 5 slips of marine use. •Adult Daycare - Minimum of 1 space per staff member. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccpt for cites within 500 foci of an ungatcd T3 Trancect Zone, tThe parking ratio may be reduced within a TOD ar a or within a Transit Corridor area by up to thirty percent (30%) by proccsc of Waivcr; by up to fifty percent (50%) by proccx of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code, or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio may be reduced up to fifty percent j50%) within a TOD area by SAP Permit, or eighty percent (80%) Abutting a Transit Facility in a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (61 Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by proccx of Waivcr, cxccpt whcn site is within 500 feet of T3. MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 •Loading - See Article 4, Table 5 of this Regulating Plan * Please refer to Diagram 9 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MCID DENSITY (UPA) EDUCATIONAL 150 UNITS PER ACRE * Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 square feet of Educational Use, unless otherwise indicated below for Schools and Childcare Facilities. • Schools —Minimum oft parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or College/University. • Childcare Facilities- Minimum of 1 space for the owner/ operator and 1 space for each employee, and 1 drop-off space for every 10 clients cared for. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccpt forcitcs within 500 fcct of an ungatcd T3 Trancoct Zonc, tThe parking ratio may be reduced within a TOD or a or within a Transit Corridor area by up to thirty percent (30%) by proccss of Waivcr; by up to fifty percent (50%) by proccnc of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • The parking ratio mav be reduced up to fifty percent j50%) within a TOD area by SAP Permit. • Within a TOD area, twenty percent (20%) of required parking spaces mav be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccsc of Waivcr, cxccpt whcn sitc is within 500 fcct of T3. • Loading - See Article 4, Table 5 of this Regulating Plan MIAMI 21- JANUARY 2018 DRAFT- 2/22/19 D1 DENSITY (UPA) RESIDENTIAL LODGING OFFICE Di - WORK PLACE 36 UNITS PER ACRE Residential Uses are permissible as listed in Table 3, limited by compliancewith: •Minimumof1 parking spaceperDwelling Unit. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccpt for s itcc within 500 feet of an ungatcd T3 Tranccct Zonc, tThe parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by procccc of Waiver; by up to fifty percent (50%) by procex of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. .1 n�diinn_ Coo 5Mirl.A Tnhla F of thic Pon,,Intinn Plan Lodging Uses are permissible as listed in Table 3, limited by compliance with: • Minimumof 1 parkingspaceforevery 2 lodging units. • Minimum of 1 additional parking space for every 101odging units forvisitors. • Parking requirement maybe reduced according to the Shared Parking Standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccpt for citcc within 500 feet of on a ngatcd T3 Tranccct Zonc, tThe parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by procex of Waiver; by up to fifty percent (50%) by procex of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent 120%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by proccc.. of Waiver, except whcn cite is within 500 feet of T3. •Loading -See Article 4, Table 5 of this Regulating Plan Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of3 parking spacesforevery 1,000sfofoffice space. • Parking requirement maybe reduced according to the Shared Parking Standard, Article 4, Table 5 of this Regulating Plan. •Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. •Exccpt for sits within 500foot of an a ngatcd T3 Tranccct Zone, tThe parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by procex of Waiver; by up to fifty percent (50%) by proccc.. of Waivcr and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. •Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 foot th,. Magic Citv SAP Parkins Program MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MIAMI 21- JANUARY 2018 DRAFT- 2/22/19 within the SAP Area boundaries. cxccpt wncn srtc is wrtnin suu rcct of a. • Loading- See Article 4, Table 5 of this Regulating Plan MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING D1 DENSITY (UPA) D1 • WORK PLACE 36 UNITS PER ACRE COMMERCIAL Caniniercial Uses are permissible as Iisted in TabIe3, Iiinited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of commercial space, except for Public Storage Facilities, minimum 1 parking space for every 10,000 square feet with aminimum of 8 parking spaces. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5 of this Regulating Plan exceptforPublicStorage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccpt for 600 fcct T3 Tranccct citcs within of an ungatcd Zone, tThe ratio may be reduced within TOD parking a area or within a Transit Corridor area by up to thirty percent (30°/) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccsc of Waivcr, is 500 feet T3. cxccpt whcn citc within of • Loading- See Article 4, Table 5 of this Regulating Plan CIVIC Civic Uses are permissible as listed in Table 3, limited by compliance with: •Minimum of 1 parking space for every5 seats of assembly uses. •Minimum of 1 parking space for every 1,000 sfofexhibition or recreation space, and parking spaces for other Uses as required. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Exccptfor within 500 fcct T3 Tranccct citcs of an ungatcd Zone, tThe ratio may be reduced within TOD parking a area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by proccsc of Waivcr, is 500 fcct T3. cxccpt whcn sit° within of •Loading -See Article 4, Table 5 of this Regulating Plan MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING D1 D1 • WORK PLACE DENSITY (UPA) 36 UNITS PER ACRE CIVIL SUPPORT EDUCATIONAL Civil Support Uses are permissible as listed in Table 3, li mited by compliance with: • Minimum of 1 parking space for every 1,000 sf. of Civil Support Use. • Parking requirementmaybereducedaccardingtotheshared Parking Standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. •Minimumofl parkingspaceforevery5seatsforassemblyuses. • Minimum of 1 parking space for every 5 slips for marine Uses. • Adult Daycare- Minimum of 1 space per staff member. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six f61 Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 fcct the Magic City SAP Parking Program within the SAP Area boundaries. by proccsc of Waivcr, cxccpt whcn cite is within 500 fcct of T3. • Loading -See Article 4, Table 5 of this Regulating Plan Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 square feet of Educational Use, unless otherwise indicated below for Schools and Childcare Facilities. • Schools — Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or College/University. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5 of this Regulating Plan. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Childcare Facilities -Minimum of 1 space for the owner/opera- tor and 1 space for each employee, and 1 drop-off space for every 10clientscaredfor. • Exccptfor cites within 600 feet of an ungatcd T3 Tranccct Zone, tThe parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent (20%) of required parking spaces may be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 feet the Magic City SAP Parking Program within the SAP Area boundaries. by proccoc of Waivcr, cxccpt whcn citc is within 500 fcct of T3 • Loading- See Article 4, Table 5 of this Regulating Plan MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 4: DENSITY, INTENSITY AND PARKING D1 DENSITY (UPA) D1 • WORK PLACE 36 UNITS PER ACRE INDUSTRIAL Industrial' Uses are permissible as listed in Table 3,limitedby compliance with: •Please refer to Article 6 for additional specific requirements. •Minimumof1 parking spaces forevery1,000sfofIndustrial Use, except for Commercial Storage Facilities, minimum 1 parking space for every 10,000 square feet with a minimum of 8 parking spaces. • Parking requirementmay be reduced according to the Shared Parking Standard, Article4, Table 5 of this Requlatinq Plan exceptfor Public Storage Facilities. •Minimumof1 BicycleRackSpaceforevery 20 vehicular spaces required. Except for 600 foot f T3 Tranccct sitcc within an ungatcd Zone, tThe be TOD parking ratio may reduced within a area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Within a TOD area, twenty percent (20%) of required parking spaces mac be exchanged for bicycle parking at a ratio of six (6) Bicycle Rack Spaces for each required parking space. • Parking may be provided by ownership or lease offsite within 1000 foot the Magic City SAP Parking Program within the SAP Area boundaries. by procccc of Waiver, is 500 feet T3. except when situ within of •Loading- See Article 4, Table5 of this Requlatinq Plan MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT- 2/22/19 ARTICLE 4. STANDARDS AND TABLES TABLE 5 : PARKING AND LOADING SHARED PARKING STANDARDS WITHIN THE SAP AREA SHARING FACTOR WITHIN THE SAP AREA Function RESIDENTIAL LODGING OFFICE COMMERCIAL with Function RESIDENTIAL LODGING OFFICE COMMERCIAL The shared Parking Standards Table provides the method for calculating shared parking for Lots with more than one Use type within the SAP Area. It refers to the parking requirements that appear in Table 4. The parking required for any two Functions on a Lot within the SAP Area is calculated by dividing the number of spaces required by the lesser of the two uses by the appropriate factor from this Table and adding the result to the greater use parking requirement. For instance: for a Lot with a Residential Use requiring 100 spaces and a Commercial Use requiring 20 spaces, the 20 spaces divided by the sharing factor of 2.22 would reduce the total requirement to 100 plus 9 spaces. For uses not indicated in this chart on a mixed use lot a sharing factor of 1.1 shall be allowed. Additional sharing is allowed by SAP Permit OFF-STREET PARKING STANDARDS WITHIN THE SAP AREA ANGLE OF PARKING ACCESS AISLE IMDTH ONE WAY TRAFFIC SINGLE LOADED ONE WAY TRAFFIC DOUBLE LOADED TWO WAY TRAFFIC DOUBLE LOADED 90 23 ft 23 ft 23 ft 60 12.8f1 11.8ft 19.3ft 45 10.8 f1 9.5 ft 18.5 ft Parallel 10 ft 10 ft 20 ft Standard stall: 8.5 ft x 18 ft minimum • Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and 15 feet Commercial and Industrial. • Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet in length between the Base Building Line and dispenser. • For requirements of parking lots, refer to Article 9 and the City of Miami Off-street Parking Guides and Standards. LOADING BERTH STANDARDS SAP AREA DISTRICT NOTES RESIDENTIAL* From 50,000 sf to 500,000 sf of Habitable Space Berth Size Loading Berths 420 sf 1 per first 150 units 200 sf 1 per each additional 150 units or fraction of 150. Greater than 500,000 sf of Habitable Space Berth Size Loading Berths 660 sf 1 per first 150 units 200 sf 1 per each additional 150 units or fraction of 150. Berth Types Residential*: 200 sf = 10 ft x 20 ft X 12 ft Commercial"': 420 sf = 12 ft x 35 ft x 15 ft l r t 1 ................................................................................................................................................................................................................................................................................................................ Berth Size Loading Berths Area 660sf 1 / 500Ksf Berth Size Loading Berths Area 660sf 1 / 500Ksf MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT - 2/22/19 ARTICLE 4. STANDARDS AND TABLES TABLE 6: FRONTAGES SECTION PLAN a. Common Lawn: a Frontage wherein the Facade 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 Facade 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 Facade 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 Facade 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 Facade 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 Facade 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 Facade 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 Facade includes a colonnade that overlaps the sidewalk, while the Facade 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. LOT PRIVATE ► Frontage R.O.W. A PUBLIC Frontage LO R.O.W. PRIVATE ► PUBLIC Frontag Frontage a I MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT - 2/22/19 ARTICLE 4. STANDARDS AND TABLES TABLE 6: FRONTAGES i. Cantilever: a Frontage consisting of a portion of a Facade with a projecting or protruding section of a Building above the ground level story and open to a Thoroughfare or Civic Space Type on a minimum of one (1) side. The area below a Cantilever may be an extension of a Civic Space Type. A Cantilever may project beyond the Frontage Line into a Civic Space Type (including into the Promenade du Grand Bois) within the SAP Area up to five (5) feet, including into an improved privately owned outdoor area (even if open to the public). Permitted by SAP Permit. • MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 7: CIVIC SPACE TYPES This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program. Civic Space Types should be at the ground level or located atop a Structure where the roof is an extension of the ground plane. Public Parks and Open Space, including Civic Space Types, should be landscaped and/or paved, open to the sky and shall be open to the public at a minimum during standard daytime hours seven (7) days a week (subject to reasonable closures for construction and maintenance). Limited vehicular access, as appropriate, may be provided and integrated into the design of a Park or Open Space, including a Civic Space. Public Parks and Open Space, including Civic Space Types, arm may be publicly or privately owned and may be utilized for private and public events, provided they otherwise meet the requirements of this Code. Open Space requirements for each zone are described in Article 5. a. Park: A natural preserve available for unstructured and structured recreation programs. A Park may be independent of surrounding Building Frontages. Its landscape may be naturalistic and consist of paths and trails, meadows, woodland, sports fields and open shelters. Parks may be Conservation Areas, preserving natural conditions and their size may vary. b. Green: An Open Space, available for unstructured recreation programs. A Green may be spatially defined by landscaping rather than Building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be one Quarter (1/4) acre and the maximum shall be 4 acres. c. Square: An Open Space available for unstructured recreation programs and civic purposes. A square is spatially defined by Building Frontages with streets on at least one Frontage. Its landscape shall consist of pavement, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1 /3 acre and the maximum shall be 2 acres. d. maza/Nromenaoe: An upen Space available tor civic purposes, programmed activities, commercial activity and general pedestrian connectivity within the SAP. A Plaza/Promenade shall be spatially defined by Building Frontages and may include street Frontages, and inclusive of one or more Pedestrian Passages. Its landscape shall consist primarily of a mix of pavement and trees and other landscaped area. The Promenade du Grand Bois shall be considered a Plaza/Promenade Open Space and Civic Space Type for purposes of this Regulating Plan and the Code. Each section of the Promenade du Grand Bois shall have a minimum width (north -south) of 50 ft.; and it shall have a minimum average width of 90 ft. across its entire length (east -west) once fully complete. Plazas shall bc locatcd atthc intcrccction of importantThoroughfares. The minimum cizc shall bc 118 acrc and the maximum shall bc 2 acres. e. Courtyard / Garden: An Open Space spatially defined by Buildings and street walls, and visually accessible on one side to the street. f. Playground: An Open Space designed and equipped for the recreation of children. A Playground shall befenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a Block. Playgrounds may be included within Parks and Greens. There shall be no minimum or maximumsize. g. Pedestrian Passage: An Open Space connecting other public spaces, that is restricted to pedes- trian use and limited vehicular access, of a minimum width of 20 feet. Building walls enfronting a Pedestrian Passage shall have frequent doors and windows. In MCID T6 36, T6 /18, T6 60 and T6 80, a Pedestrian Passage may be roofed. 0 'J L lr 1I 9 I= 0000 1O r MIAMI 21- JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 4. STANDARDS AND TABLES TABLE 7: CIVIC SPACE TYPES h. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. F 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 -72nd Avenue 57nd Avenue MIAMI INTERNATIONAL AIRPORT 9 'O / 1l libniot \� /• Coral Way m N \ / - \ I n14.11I1 '11 rf ,r Bird Avenue • / 22nd Avenue s m I Q m m U A N N E VA N m 5 y 3 W , mm 1 N 1 2 2 oc- / \ r \ \v / • POTENTIAL MAGIC CITY INNOVATION • DISTRICT/LITTLE HAITI PASSENGER/COMMUTER RAIL STATION \ 1 METRORAIL FUTURE METRORAIL 11 METROMOVER BUS ROUTES 11 STREETCAR 11 HEALTH DISTRICT CIRCULATOR HEALTH DISTRICT STOPS FUTURE TRANSIT SHEDS (INCLUDING POTENTIAL MAGIC CITY INNOVATION DISTRICT/LITTLE HAITI PASSENGER/COMMUTER RAIL STATION) 1/2 MILE TRANSIT SHED 1/4 MILE PEDESTRIAN SHED • Note: The Official Miami 21 TOD Diagram is maintained in the Office of the City Clerk. MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 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) a. Newly platted Lots shall be dimensioned according to Illustration 5.5 of this Regulating Plan. b. Lot coverage by any Building shall not exceed 90% on any single Lot, and that shown in Illustration 5.5. shall not exceed 80% in the aggregate within the SAP Area. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.5 of this Regulating Plan. d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from Promenade or other Civic Space Type courtyard at the Second Layer. e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line or Promenade du Grand Bois or other Civic Space Type along a minimum of seventy percent (70%) of its length on the Setback Line, or as otherwise approved by SAP Permit as Chown in Illustration 5.6. In the absence of Building along the remainder of the Frontage Line, a Streetscreen shall be built co -planar with the Facade to shield parking and service areas. f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedestrian entrances shall occur at a maximum spacing of seventy five (75) feet and vehicular entries shall occur at a minimum spacing of sixty (60) feet, unless approved by Waiver SAP Permit. g. Setbacks for Buildings shall be as shown in Illustration 5.5 of this Regulating Plan and as may be modified by a Gallery, if applicable. Where the Property to be developed abuts a Structure other than a sign, a Waiver may be granted co the proposed Structure may be disposed in a manner that matches the ground level dominant setback of the block and its context, to be approved by SAP Permit. Facades along NE 2nd Avenue shall be compatible with Little Haiti -French Creole Design Standards, as applicable. Buildings fronting on the Promenade du Grand Bois may encroach up to 100% into their required setback along the Frontage Line bordering the Promenade du Grand Bois, as approved by SAP Permit. h. For sites with thrcc hundred and forty (340) fcct Frontage length or morc, a cross Block pac&ge shall be provided as follows: If the Frontage Linc of a Sitc is at any point more than three hundred forty (310) Feet from a Thoroughfare intersection, the Building shall provide a crow Block Pedestrian Pasagc. If the Frontage Linc of a site is at any point more than six hundred and fifty (650) fcct from a Thoroughfarc intersection, a vehicular cros, Block passage shall be provided. 1 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES Maximum Lot size as shown in Illustration 5.6 may be increased by Exception for Uses that ccrvc the Neighborhood. 5.5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 4�- Ies2--a„d-6 and Illustration 5.5 of this Regulating Plan and as modified by Section 3.3 of this Regulating Plan. b. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback; except as may be further allowed by Chapter 54 of the City Code; above the first Story, cantilevered balconies, bay windows, roofs and Facade components promoting energy efficiency such as shading and Screening devices and other Architectural Treatments that are non -accessible, may encroach a maximum of three (3) feet into the Setback, and a maximum of five (5) feet into the setback fronting on a Civic Space Type by SAP Permit. At the Second and Third Layers, no encroachments are permitted. c. Galleries and Arcades shall bc minimum fiftccn (15) feet dccp, shall may encroach one hundred percent (100%) of the depth of the Setback and may overlap the whole width of the Sidewalk to within two (2) feet of the curb. See Article 4, Table 6 of this Regulating Plan Permitted by process of a Special Area Plan. d. Screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback when Abutting T3 or T4. e. Loading and service entries shall be within the Third Layer and shall be accessed from Alleys when available, and otherwise from the Secondary Frontage. Loading spaces and service areas shall be internal to the building where spatially possible. For Buildings that cannot accommodate internal loading, required loading may be accommodated through on -street loading spaces as set forth in Section 3.6.9 and Article 4, Table 5 of this Regulating Plan. Where Lots have only Principal Frontages, vehicular entries, Loading Docks and service areas are shall bc permitted on Principal Frontages by SAP Permit by Waiver. f. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures shall be Iocat d within th„ Second ar Third I a ycr and concealed from view from any Frontage or Sidewalk by Lincr Buildings, walls, Strcctscrccnc, or opaque gates These shall not be allowed as Encroachments g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5.5 of this Regulating Plan. The first floor elevation shall be at average Sidewalk grade. A first floor Residential or Lodging Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.5) feet above average Sidewalk grade. Existing one Story Structures shall be considered conforming and may be enlarged. 2 MIAMI 21— JANUARY 2018 DRAFT — 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 five-(5} ten (10) feet. Other ornamental Building features may extend up to ten (10) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for stair, elevator, elevator lobby, restrooms, or mechanical enclosures shall be limited to twenty (20%) of the roof area, unless approved by Waiver. All Best efforts shall be made to conceal ground floor and rooftop utility infrastructure and mechanical equipment shall be concealed from public view. At the building Frontage, all cquipmcnt such as backflow provcntcrs, siamcoc conncctions, and the like shall be placed within the line of the Facade or behind the Streetscreen. on the roof, best efforts shall be made to conceal all equipment except antennas from lateral view with the use of screen walls. Exhaust air fans and louvers may be allowed on the Facade above the first fourteen (14) feet only on the Secondary Frontages above the first floor. constructed of a material matching the adjacent building Facade or of masonry, wrought iron or aluminum. The Streetccreen may be replaced by a hcdgc or fcncc. Strcctccrccnc shall havc opcnings no larger than necessary to allow automobile and pedestrian access. Streetccreens shall be located co planar with the Building Facadc Linc. Strcctccrccnc rnorc than thrcc (3) fcct high shall be fifty perccnt (50%) permcablc or articulatcd to avoid blan s. 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 Building] on the Lot. c. Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Frontagc whcn availablc. Whcrc Lots havc only Principal Frontagcs, parking may be acccs cd from the Principal Frontagcs. Parking generally shall be accessed from a Secondary Frontage or Alley, or from a Principal Frontage as generally illustrated on Concept Book Sheets 35-36 and approved by SAP Permit. 3 MIAMI 21— JANUARY 2018 DRAFT — 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 by Waiver if an art or glasc treatment of a design to be approved by the Planning Director with the recommendation of the Urban Development Review Board is provided for one hundred percent (100%) of that portion of thc Pedestal Fapadc with the use of an Architectural Treatment, of a design to be approved by the Planning Director, and in such case no less than eighty percent (80%) of such Facade to be treated with an Architectural Treatment when facing a Principal Frontage, Promenade or other Civic Space Type. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet. e. Secondary Frontage. All Parking, open parking areas, covered parking, garages, Loading Spaces, and service areas shall be located in the Third Layer and shall be masked from the Frontage by a Lincr Building or Strcctscrccn for a minimum of fifty percent (50%) of the length of the frontage or height of the pedestal with the use of an Architectural Treatment, of a design to be approved by the Planning Director. Above ground Parking may extend into the Second Layer beyond fifty percent (50%) of the length of the frontage or height of the Pedestal by Waiver if an art or glass tr atmcnt of a design to bc approved by the Planning Dircctor is provided for that portion of thc pedestal fapadc with the use of an Architectural Treatment, of a design to be approved by the Planning Director, provided for that portion of the Pedestal Facade. f. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising first -floor elevation of the First and Second heyers above that of the Sidewalk. Ramps to underground parking shall be only within the Second and Third Layers. g• The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than twenty-five (25) feet and the minimum distance between vehicular entrances shall be sixty (60) feet, unless approved by Waiver. h. Pedestrian entrances to all parking Lots and parking structures shall be located directly from a Frontage Line, Civic Space Type or Paseo, as to alleviate any conflicts between pedestrian and vehicular traffic be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building. Buildings mixing uses shall provide parking for 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 bc allowed. Temporary structures such as mobile homcs, shall not bc allowed cxccpt as per City Code and this code. 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 Story, unless otherwise approved by SAP Permit and glazed with clear glass no less than seventy percent (70%). Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. d. The Facade of a parking garage that is not conc alcd behind a Habitable Lincr shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top Icvcl of parking Structures shall bc covered a maximum of sixty perccnt Fao0 retractable canvas shade Structure. 5.5.6 Landscape Standards (T5) a. The First Layer as shown in Article 4, Table 8 shall be paved and landscaped to match the Public Frontage as shown in Article 8, as delineated further in the Concept Book. b. Open Space shall be a minimum ten percent (10%) of the total SAP It Area in the aggregate. Ten percent (10%) of the Open Space provided in Second or Third Layer shall be landscaped 5.5.7 Ambient Standards (T5) a. Noise regulations shall be as established in the City Code. b. Lighting of building and contingent Open Spaces shall be compatible with street lighting of Abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. c. Average lighting levels measured at the Building Frontage shall not exceed 5.0 fc (foot- candles). d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not bc cccn from surrounding strccts. 5 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES 5.6 URBAN CORE TRANSECT ZONES (T6) MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT ZONES (MCID) As described at Article 2 of this Regulating Plan, the MCID Transect Zone shall generally have the equivalent standards and criteria, and be regulated the same, under the Miami 21 Code as the T6- 0 Transect Zone, except as modified by this Regulating Plan. The modifications to the Miami 21 Code contained in this Article 5.6 of the Regulating Plan shall apply to the MCID-1 and MCID-2 Transect Zones within the SAP Area. 5.6.1 Building Disposition ( MCID) a. Newly platted Lots shall be dimensioned according to Illustration 5.6 of this Regulating Plan. b. Lot coverage by any Building shall not exceed 90% on any single Lot, and that shown in Illustration 5.6. shall not exceed 80% in the aggregate within the SAP Area. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.6 of this Regulating Plan. d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from Promenade or other Civic Space Type courtyard at the Second Layer. e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line or Promenade du Grand Bois or other Civic Space Type along a minimum of seventy percent (70%) of its length on the Setback Line, or as otherwise approved by SAP Permit as shown in Illustration 5.6. In thc abscncc of Building along thc rcmaindcr of thc Frontagc service areas. In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfaro 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 tip 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. g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be developed abuts a Structure other than a Sign, a Waiver may be granted so the proposed Structure matches the ground level dominant setback of the block and its context. 6 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 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, T6 48, T6 60 and T6-80, tThe Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way fifty (50) seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the Setbacks shall reflect thc transition as shown in Illustration 5.6. Buildings fronting on the Promenade du Grand Bois may encroach up to 100% into their required setback along the Frontage Line bordering the Promenade du Grand Bois, as approved by SAP Permit. h. Above the eighth floor, minimum building spacing is sixty (60) feet, cept that where the Building abuts T5, the sixty (60) feet required spacing shall be above the fifth floor. For T6 21, T6 36, T6 18, T6 60 and T6 80 as measured from Building Facade exterior walls. Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of fifteen (15) feet twenty (20) feet by Waiver. For T6 36, T6 18, T6 60 and T6 80 above the eighth floor in the Second Layer, at a setback of ten (10) feet, an additional two stories of habitable space may extend a maximum sixty percent (60%) of the length of the street Frontages. For T6 24, T6 36, T6 18, T6 60 and T6 80 Above the eighth floor, an additional six feet of non -habitable space is awe allowed without additional setback to accommodate depth of swimming pools, landscaping, transfer beams, and other structural and mechanical systems. F, cs ,. mec h 0)-feet-F-frantage-I Block pa&cage shall bc provided as follows: If thc Frontage Linc of a Sitc is at any point morc than thrcc hundred forty (340) Fcct from a Thoroughfare interaction, thc Building s•hall crow Block pa3age shall bc provided. Such a crow Block Paaagc may bc covered above the first floor by a maximum of twenty five percent (25%) of its length with Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In T6 36, T6 48, T6 60 and T6 80 a Pedestrian Passage may be roofed and shall be lined with frequent doors and windows. Maximum Lot size as shown in Illustration 5.6 may be increased by Exception for Uses that serve thc Neighborhood. 5.6.2 Building Configuration (T6 MCID) a. Development within Private Frontages• aaIIl- ply with Articclle-4,-TQble 2 anTLnd 6 anC Illustration 5.6. b. Above the eighth floor, the Building Floorplate dimensions shall be limited asfollows: 1. 15,000 square fcct maximum for Residential Uccs in T6 8, T6 12 and T6 21 7 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES 2, 1. 18,000 square feet maximum for Residential Uses in T6 36, T6 48, T6 60 and T6 80 3 2. 30,000 square feet maximum for Commercial Uses and forparking 4.3. 48G 220 feet maximum length for Residential Uses 5: 4. 215 250 feet maximum length for Commercial Uses c. Encroachments shall be as follows: At the First Layer, Cantilevered Awnings and entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback, except as may be further allowed by Chapter 54 of the City Code. Above the first Story, cantilevered balconies, bay windows, roofs, or Facade components promoting energy efficiency, such as shading and Screening devices, and other Architectural Treatments that are non -accessible, may encroach up to three (3) feet of the depth of the Setback, and a maximum of five (5) feet into the Setback frontinq on a Civic Space Type by SAP Permit. Other cantilevered portions of thc Building shall maintain thc required Setback. Above feet. d. Galleries and Arcades shall be minimum fiftccn (15) feet deep, shall may encroach one hundred percent (100%) of the depth of the Setback and may overlap the whole width of the Sidewalk to within two (2) feet of the curb. See Article 4, Table 6 of this Regulating Plan Permitted by process of a Special Area Plan. e. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures shall be located within thc Second or Third Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, Streetscreens or opgaue gates These all shnot he allowed as c Enroachmen�c , 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 byWaiver. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be allocated as required in Illustration 5.6 of this Regulating Plan. First -floor elevation shall be at average Sidewalk grade. A first level Residential Function or Lodging Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.5) feet above average Sidewalk grade. Existing one Story Structures shall be considered conforming and may be enlarged. 8 MIAMI 21— JANUARY 2018 DRAFT — 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 fifteen ten (15 4-0) feet. Other enclosures for housing stairs, elevators or mechanical equipment or for ornamental Building features may extend up to ten (10) feet above maximum height for T6-8, unless approved by Waiver. There shall be no limitation for ornamental element, stair, elevator or mechanical equipment extensions above maximum Height for MCID T6 12, T6 24, T6 36, T6 48, T6 60 and T6 80. Roof decks shall be permitted up to the maximum Hel'Ieight. Trellises may extend above the maximum Height up to fourteen (14) feet. All Best efforts shall be made to conceal ground floor and rooftop utility infrastructure and mechanical equipment shall be concealed from public view. At the building Frontage, all equipment such as backflow preventers, ciamece connections, and the like shall be placed within the line of the Facade or behind the Streetccreen. 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. Streetscreens or fences shall be between three and a half (3.5) and eight (8) feet in masonry, wrought iron or aluminum. The Streetccreen may be replaced by a hedge. Strcctscrccns shall have opcnings no larger than necessary to allow automobile and Arian access. Strcctscrccns shall bc located coplanar with the Building Facade Line. Strcctscrccns over thrcc (3) feet high shall bc fifty perccnt (50%) permeable or articulated to avoid blank walls. I. The ground floor along all Principal Frontages shall contain a minimum of sixty percent (60%) Habitable Space. 5.6.3 Building Function & Density (T6 MCID) a. Buildings in T6 shall conform to the Functions, Densities, and Intensities described in Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental regulations. b. The calculation of the FLR shall not apply to Buildings within the SAP Area the portion of a building that is entirely below base flood elevation. c. Buildings within the SAP Area fronting on NE 60th Street shall contain active ground floor Uses (e.g., active Commercial, Office, Residential, Lodging or other Uses) along 9 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 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 Campus Zone. 5.6.4 Parking Standards (16 MCID) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5, and shall be provided in the aggregate within the SAP Area. b. On -street parking available along the Frontage Lines that correspond to each Lot within the SAP Area shall be counted toward the cumulative parking requirement of the Building( on the Lot. c. Parking should be acceeed by an Alley. Parking shall be acceeed from the Secondary Frontage when available. Where Lots have only Principal Frontages, parking may bc acceeed 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 Waivcr, if an art or glace trcatmcnt, of a deign to bc approved by thc Planning Director, with thc recommendation of thc Urban Development Review Board, is provided for 100% of that portion of thc Pedestal Facade. with the use of an Architectural Treatment, of a design to be approved by the Planning Director, and in such case no less than eighty percent (80%) of such Facade to be treated with an Architectural Treatment when facing a Principal Frontage, Promenade or other Civic Space Type. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet. e. Secondary Frontage. All Parking, open parking areas, covered parking, garages, Loading Spaces and service areas shall bc located in thc 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 Waivcr, if an art or glae trDatmcnt of a deign with the use of an Architectural Treatment, of a design to be approved by the Planning Director, provided for that portion of the Pedestal Facade. Parking facing commuter lines such as the FEC rail corridor, Metrorail, Metromover or other transit corridors does not require screening. 10 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES f. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the sidewalk. Ramps to underground parking shall be within the Second or Third Layers. g. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than thirty (30) feet and the minimum distance between vehicular entrances shall be sixty (60) feet, unless approved by Waiver. h. Pedestrian entrances to all parking Lots and parking structures shall be located directly from a Frontage Line, Civic Space Type or Paseo, as to alleviate any conflicts between pedestrian and vehicular traffic be directly from a Frontage Lino. Underground parking structures should be entered by pedestrians directly from a Principal Building, unless otherwise approved by SAP Permit. i. Buildings mixing uses shall provide parking for oach Use. Shared Parking shall be calculated according to Article 4, Table5 of this Regulating Plan. 5.6.5 Architectural Standards (T-6 MCID) a. only permanent structurcs shall bc allowed. Temporary structures such as mobile homes, construction trailers, travel trailers, recreational vehicles and othcr temporary Temporary structures shall be permitted only as per City Code, as modified by this Regulating Plan and the Development Agreement. b. The Facades on Retail Frontages shall be detailed as storefronts and allow for transparency for no less than seventy percent (70%) of the sidewalk -level retail frontage facade Story, unless otherwise approved by SAP Permit and glazed with clear glass no less than seventy percent (70%). Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. d. Thc Facade of a parking garage that is not conc tiled bchind a Habitable Lincr and all Elevations shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should bc internalized wherever posciblc. Exposed spandrels shall bc prohibited. Thc exposed top level of parking structurcs shall be covered a minimum of sixty percent (60%) with a shade producing structurc such as, but not limited to, a vined pergola or retractable canvas shade structure. 5.6.6 Landscape Standards (16 MCID) 11 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 (10%) of the Open Space provided in Second or Third Layer shall be landscaped. 5.6.7 Ambient Standards (T-6 MCID) a. Noise regulations shall be as established in the CityCode. b. Average lighting levels measured at the Building Frontage shall not exceed 20 fc (foot- candles). c. Lighting of building and contingent Open Spaces shall be compatible with street lighting of Abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. d. and shall not be seen from surrounding streets. ********** DISTRICT ZONES (D1) 5.9.1 Building Disposition (D) a. Newly platted Lots shall be dimensioned according to Illustration 5.9. b. Lot coverage by any Building shall not exceed 90% on any single Lot, and that shown in Illustration 5.9. shall not exceed 80% in the aggregate within the SAP Area. c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.9. d. One or more Buildings may be built on each Lot as shown in Illustration 5.9. e. Setbacks for Buildings shall be as shown in Article 4, Table 2 and Illustration 5.9. 12 MIAMI 21— JANUARY 2018 DRAFT — 2/22/19 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 Buildings on the Lot. 5.9.5 Architectural Standards (D) a. Temporary structures shall be permitted only as per City Code, as modified by this Regulating Plan and the Development Agreement. b. Roof materials should be light-colored, high Albedo or a planted surface. 5.9.6 Landscape Standards (D) a. The First Layer as shown in Article 4, Table 6 shall be paved and landscaped to match the Public Frontage as shown in Article 8, Table B. b. Unpaved Open Space shall be a minimum five percent (5%) of the Lot Area. Open Space shall be a minimum ten percent (10%) of the total SAP Area in the aggregate. 5.9.7 Ambient Standards (D) ... 13 MIAMI 21 -JANUARY 2018 DRAFT - 2/22/19 BUILDING DISPOSITION WITHIN SAP AREA LOT OCCUPATION MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.5 URBAN CORE TRANSECT ZONES (T5) LE MARCHE DUPUIS a. Lot Area 5,000 s.f. min.; 10,000 c.f. max. b. Lot Width 50 ft min. c. Lot Coverage 90 % max. (80 % max. in axxrexate within entire SAP Areal d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 71.1% min unless otherwise approved by SAP f. Open Space 0% Lot Area min. in aggregate within entire SAP Area 9. Density 150 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 5 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T5 L and T5 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Cantilever permitted BUILDING HEIGHT a. Min. Height N/A b. Max. Height 6 Stories c. Max. Benefit Height N/A BUILDING PLACEMENT WITHIN SAP AREA Corner Lot Interior Lot Se_o4npary_Frknt .--- 1 5' min. i 10' min. 0min. 1 0min. 1. a min. • • 1st 2nd Layer Layer 3rd Layer • 2 Layer 2nd 8.3rd Layer PARKING PLACEMENT WITHIN SAP AREA 80%min. 0' min. 50%min. 0' min. it 1e[ 2nd BUILDING HEIGHT WITHIN SAP AREA Max. Height r--1 i Min. Height 6 a 3 2 1 0' min. ►4 ABUTTING SIDE 8 REAR ALL ZONES MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT- 2/22/19 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 MCID MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT ZONES (MCID-1) BUILDING DISPOSITION WITHIN SAP AREA LOT OCCUPATION a. Lot Area 5,000 70,000 s.f. min.; c.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 90% max. (80% max. in aggregate within entire SAP Area) - Above 8'h Story 18 000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 70% min. unless otherwise by SAP Permit f. Open Space 10 % Lot Area min. in aggregate within entire SAP Area 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 10 ft. min. above 8'h Story b. Secondary Front 5 ft. min.; 10 ft. min. above 8'h Story c. Side 0 ft. min.; 20 ft. min. above 8'h Story d. Rear 0 ft. min.; 20ft. min. above 8'h Story e. Abutting side or rear T3 Pedestal: 10 ft. mina 20 ft. min from the (MCID-1E/Les Ateliers 8th to the 12th Story30 ft. min. above the only) 12th Story BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront 12 L TC 12 permitted (TC and only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Cantilever permitted BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 20 Stones c. Max. Benefit Height N/A * Or as modified in Diagram 9 LES BUREAUX (MCID-1W) & LES ATELIERS (MCID-1E) BUILDING PLACEMENT PARKING PLACEMENT WITHIN SAP AREA WITHIN SAP AREA 1s! 2m Laor Layer Lao 1 #tom 50%min. M 2da3b L1)g1 80%min. 0' min. T 0' min. 1-r 1st 3d 010 BUILDING HEIGHT WITHIN SAP AREA Max. Height ►1 20 12 agurrrrc SIDE aREAR 20 min. MIAMI 21 - JANUARY 2018 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN DRAFT- 2/22/19 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 MCID MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT ZONES (MCID-2) BUILDING DISPOSITION WITHIN SAP AREA LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 1 , a.f...i&s. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 90 % max. (80 % max. in aggregate within entire SAP Area) - Above 8'h Story 18 000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 70% min. unless otherwise by SAP Permit f. Open Space 10 % Lot Area min. in aggregate within entire SAP Area 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 10 ft. min. above 8'h Story b. Secondary Front 5 ft. min.; 10 ft. min. above 8'h Story c. Side 0 ft. min.; 20 ft. min. above 8'h Story d. Rear 0 ft. min.; 20 ft. min. above 8'h Story BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront 12 L T6 12 permitte (T6 and only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Cantilever permitted BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 24 25 Stones c. Max. Benefit Height N/A * Or as modified in Diagram 9 LES RESIDENCES BUILDING PLACEMENT PARKING PLACEMENT WITHIN SAP AREA WITHIN SAP AREA d ad or 80%min. 0' min. ? i iaer 50%min. J 2rd&Id 0' min. let 2rd aid BUILDING HEIGHT WITHIN SAP AREA Max. Height 25 12 20' min Hod AInrruG510E &FEAR A120NE5 MIAMI 21 - JANUARY 2018 DRAFT - 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 5. SPECIFIC TO ZONES BUILDING DISPOSITION WITHIN SAP AREA LOT OCCUPATION a. Lot Area 5,000 10,000 s.f. min.; 3.f. max. b. Lot Width 50 ft min. c. Lot Coverage 90 % max. (80 % max. in aggregate within entire SAP Areal d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback None f. Open Space p p 10%Lot Area min. In aggregate within entire SAF Area 9. Density 36 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. BUILDING CONFIGURATION WITHIN SAP AREA FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Cantilever permitted BUILDING HEIGHT a. Min. Height None b. Max. Height 10 Stories c. Max. Benefit Height N/A ILLUSTRATION 5.9 URBAN CORE TRANSECTZONES (D1) BUILDING PLACEMENT WITHIN SAP AREA Garner Lot Interior Lat CSecondary Front -------- — :5' min. ►! — II 10' min. =--r1 i L 0' min. T EL 3rd layer a min. 114 0' min. 1 1st 2nd layer layer 1st Layer 2y�& 3rd Layer PARKING PLACEMENT WITHIN SAP AREA 80%min. 0' min. j 50%min. 0' min. 1st 2rx1 3;1 WrLAP Lary BUILDING HEIGHT WITHIN SAP AREA Max. Height i 10 8 T 5 2 Q min 1 ABUTTING SIDE & REAR ALL ZONES MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS Article 6, Table 13 T5 - URBAN CENTER ZONE OPEN DENSITY (UPA) 65 150 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 Acce-s to be from Thoroughfare. site must a major Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekdays. weekends and legal holidays for a maximum of 3 consecutive days. between the hours of 7:00 AM and 7:00 PM. Provision for of paving striping stalls and parking spaces. Provision of onsite restroom facilities. FOOD SERVICE ESTABLISHMENT Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages' as modified by the Development Agreement. Establishments 2,500 fcct Floor Arca with under square of 1COP beverage license a valid alcohol shall rcquirc a Warrant. ALCOHOL SERVICE ESTABLISHMENT Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages' as modified by the Development Agreement. Establishments more than 5,000 square fcct occupying of Floor Ar a shall rcquirc an Exception with approval by the City Commission. Establishments located within an Entertainment District dcfincd within Section 1 9 f the as City Code not be to an Exception shall subject permit. T6 - URBAN CORE ZONE MCID - MAGIC CITY INNOVATION DISTRICT URBAN CORE ZONE OREN DENSITY (UPA) 150 UNITS PER ACRE DWELLING UNIT Micro Unit: 275 square feet min. Permitted by SAP Permit. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. MIAMI 21 - JANUARY 2018 DRAFT- 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS OPEN AIR RETAIL Subject to the following additional requirements: Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekdays, weekends and legal holidays for 3 days between the a maximum of concccutivc hours of 7:00 AM and 7:00 PM. Provision of striping for stalls and spaces. paving parking Provision of onsite restroom facilities. FOOD SERVICE 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. Establishmcnts 2,500 fcct Floor Ara under squarc of with a valid 1COP alcohol beverage licence chall rcquirc a Warrant. ALCOHOL SERVICE ESTABLISHMENT Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages' as modified by the Development Agreement. Establiohmcntc morc than 5,000 fcct occupying cquarc of Floor Aroa rcquirc Exccption with by tho chall an approval City CommiGcion. Ectablichmcnts located within an Entertainment District dcfincd within Scction 1 0 the as of City Codc not be to Exccption chall subject an permit. D - DISTRICT DI -WORKPLACE DENSITY (UPA) 36 UNITS PER ACRE DWELLING UNIT Micro Unit: 275 square feet min. Permitted by SAP Permit. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. OPEN AIR RETAIL Accc's to must be from major Thoroughfare. site a Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekdays, weekends and legal holidays between the hours of 7:00 AM and 7:00 PM. Provision of striping for stalls spaces. paving and parking Provision of onsite restroom facilities. FOOD SERVICE Establishments with a valid alcohol beverage license shall MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS ESTABLISHMENT be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages' as modified by the Development Agreement. Establichments 2,500 feet Floor Area with under square of valid 1COP beverage license require a alcohol shall a Warrant. ALCOHOL SERVICE ESTABLISHMENT Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages' as modified by the Development Agreement. Establichmcntc than 5,000 fcct occupying morc cquarc of Floor Ara °hall require an Exception with approval by the City Commission. Establishments located within an Entertainment Dictrict as dcfincd within Scction 1 9 of thc City Code be to Exception shall not subject an permit. * * * * * * * * * * 6.3 COMMERCIAL USES 6.3.1 Large Scale Commercial Except for Public Storage Facilities which must comply with the criteria set forth under Article 6, Table 13, a single commercial establishment occupying more than 55,000 square feet of Floor Area in any T6 0 MCID, D1 or D2 shall be permitted subject to the following requirements: Large Scale Commercial LOCATION By SAP Permit in MCID and D1 Transect Zones within the SAP Area and shall be located only on Lots having Frontage on a Thoroughfare. roads. Ingres to thc Lot must bc from thcsc not from c and egress provided arterials and secondary roads collectors. The Kots shall also bc served and bc r adily accessible by collective or transportation oyotcmc. By Warrant in D1. By Right in D2. Section 6.3.1 "Additional Requirements" shall not apply. LOT SIZE As required by Transect Zone. COMMERCIAL AREA LIMITATIONS Minimum: 55,000 square feet. REQUIREMENTS WHEN ABUTTING A MORE RESTRICTIVE TRANSECT • A minimum of one (1) share tree with a minimum Height of twelve (12) feet shall be planted at twenty-five (25) feet on center along the perimeter of the wall. • Additional landscaping in the form of shrubs and Buffer plant material shall also be required. PARKING • All required Parking shall conform to Transect Zone and Article 4, Table 4, as set forth in this Regulating Plan in it bc within Structure. and addition shall provided oncitc an enclosed MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS • Parking Structures and parked vehicles provided on -site shall be concealed from exterior street view and may only be located within the Third Layer. ADDITIONAL REQUIREMENTS • At ground level: Habitable Space such as Liners to conceal Parking Structures or Parking Areas, must be provided for at least sixty-five (65%) percent of linear street Frontages. • Second floor level: Habitable Space such as Liners to conceal Parking Structure, with a combination of architectural articulation for all linear street Frontages shall be required; however, in no case shall the Habitable Space Liners be less than forty percent (40%) of all linear street Frontages. • Third floor level and above: Habitable Space such as Liners to conceal Parking Structure, with a combination of architectural articulation for all linear street Frontages shall be permitted; however, in no case will be Habitable Space Liners be less than twenty-five percent (25%) of all linear street Frontages. 6.3.2 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 proccsr: 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) Frontinq a Thoroughfare are permitted by SAP Permit. (b) Outdoor dining areas located on Public Frontages are permitted by SAP Permit. 2. Open Air Retail Uses shall be permitted as follows: (a) Located as follows: (i) Fronting or within the Promenade du Grand Bois are permitted By Right. (ii) Other locations are permitted by SAP Permit, provided each such location is set back at least fifteen (15) feet from an adjacent Public Right -of -Way. (b) All exhibits, displays and sales of items from a vending cart, kiosk, or other Retail Merchandising Unit shall be subject to the following limitations: (i) All such carts 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 method of display shall reflect and complement the existing mix of uses within the district and shall be consistent with the unique physical layout, cultural traditions and historic character of the neighborhood. MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS (iii) All such 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 eaffs Retail Merchandising Units, whether located within completely enclosed plazas or courtyards, or within linear building frontage setbacks, shall be separated from each other by a minimum of tea eight (1-0 ) feet and from any adjacent permanent structures by a minimum of five three (5 3) feet; (i.e. there shall be a minimum five three (5 3) foot clear radius surrounding all such earts Retail Merchandising Units); 2. All eaffs Retail Merchandising Units located within linear building frontage setbacks shall be setback from any adjacent public right- of-way by a minimum of fifteen (15) feet. (iv) Retail Merchandising Units, excluding any associated signage, as permitted below in b.vii, shall be limited to a maximum size of one hundred sixty (160) square feet in area and shall not exceed a maximum Height of fifteen (15) feet. (v) Retail Merchandising Units within the SAP shall not exceed thirty-five (35) units at any single point in time, unless otherwise approved by the City as a temporary use or special event in accordance with the City Code. Up to fifteen (15) Retail Merchandising Units at any single point in time shall be available By Right. Additional Retail Merchandising Units up to thirty-five (35) units in total shall be available by SAP Permit. (vi) Retail Merchandising Unit openings and windows may be closed from time to time to secure the structure. (vii) Individual exterior identification signs shall be limited to sixteen (16) square feet in area, with no dimension exceeding eight (8) linear feet in length. There shall be no more than two (2) identification signs per Retail Merchandising Unit. (c) All vending cart) Retail Merchandising Units shall be securely anchored during business hours, however, they must have wheels in order to enable them to be removed within 24 hours in case of an emergency. Likewise, Open Air Retail shall not count towards gross buildable area, Floor Area, Lot Coverage or similar calculations under this Regulating Plan or the Development Agreement provided the vending cart, kiosk, Retail Merchandising Unit or other Open Air Retail structure has wheels and is removable within twenty-four (24) hours in case of emergency. (d) Deviations from these the foregoing standards at Section 6.3.2.2.b of this Regulating Plan may be approved by the Planning, Zoning and Appeals Board MIAMI 21 —JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS ********** pursuant to an Exception Permit by SAP Permit upon a finding by the Planning Director that the requested modifications are justified due to one or more of the following special conditions: (i) Established pedestrian flow patterns. (ii) Existing landscape features. (iii) Governmental action which creates a peculiar configuration on the subject property. (iv) Deviations do not interfere with the pedestrian experience within the SAP. 3. Display and sale of thc following itcms from vending carts: (a) Flowers, plants and shrubs; vegetables, producc, citrus or othcr unpackagcd foods, not requiring refrigeration or furthcr preparation, subject to applicable state health regulations; and (b) Arts and Crafts. Within opcn space, or partially opcn space, display and sale of othcr merchandise or food product) permitted by Exception. However, no Warrant or Exccption shall bc granted allowing existing uses to expand thcir retail activity or to display their merchandise into existing open or partially open space. 1. Prior to thc approval of any vending cart, a master site plan shall bc submitted for review future carts; 2. There shall be no more than 1 (one) cart per each thirty five (35) linear feet of street frontage except that, within courtyards, thcrc may bc morc upon compliance with the distance separation requirements specified below; 3. Total signage shall be limited to eight (8) square feet in area, however no individual sign may cxcccd four (4) square fcct in area and thcrc shall bc no morc than 2 signs per cart; �. Lighting shall be limited to task lighting as necessary for the conduct of business; 5. All vending carts shall be limited to a maximum size of forty (40) square feet in area and shall not cxcccd a maximum hcight of tcn (10) fcct; MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.4.1 Personal Wireless Service Facilities (PWSF) 3. New Placement and Substantial Modifications MONOPOLE OR TOWER DEVICES ROOFTOP OR ANCHORED DEVICES MCID. T5. D1 Transect Zones (Within the SAP Area) By Exccption SAP Permit subject to conditions and limitations; including min. 500 feet distance requirement from any T3 or T4 designated Zone measured from nearest property line of PWSF site to the property line of the nearest parcel zoned as T3 or T4. By Warrant subject to conditions and limitations. ADDITIONAL REQUIREMENTS • All freestanding monopole or tower facilities shall be designed to include sufficient landscape as to screen the proposed facility from any adjacent right- of-ways. Sufficient landscape shall include trees, shrubs and ground cover in a tiered configuration. • All freestanding monopole or tower facilities shall be designed to accommodate up to three co -locations of other antennas by future carriers. Any applicant of new device shall show proof that co -location to existing devices serving the area is not available. • The mount shall not be visible from the ground from a distance of 600 feet; Screening from ground view may be provided by a parapet or some other type wall or Screening. • No part of the mount shall be located closer than eight (8) feet to any power line. • Mounts may not exceed three (3) separate areas per rooftop. STANDARDS In the event that a specific facility cannot comply with the standards set forth above, an application for modifications as to such standards shall only be permissible by Exccptior} SAP Permit. Such applications shall be accepted upon compliance with the following: • The above distance requirement may be reduced by SAP Permit specifically in regard to the relocation or replacement of one (1) existing PWSF at 381 NE 61 Street (folio no. 01-3218-015-0700) if reasonably necessary to maintain substantially similar coverage or service provided by the existing PWSF. • The applicant for each such facility shall submit a justification report prepared by an engineer qualified in the technological aspects (such as a "radio frequency [RF] engineer") as to why the facility must be modified in terms of height or location; such report shall be accompanied with a review fee as set forth in Chapter 62 of the City Code. • The applicant for each such facility shall include, as part of the application, line of sight studies that depict the three dimensional view of such facility from all adjacent right-of-ways; photo montages shall be considered an acceptable form of line of sight studies. • The applicant for each such facility shall include, as part of the application, a mitigation plan that depicts proposed Buffering and Screening of such facility from all adjacent right-of-ways; such mitigation plan shall be in compliance with the criteria and standards set forth for PWSF applications unless the relief being sought is from one or more of such standards. • For any such facility that is proposed to be located within a property zoned T3, T4-R, T5-R or T6-R, the mitigation plan shall be required to either conceal, camouflage or disguise the proposed facility, or if possible, replace a monopole or tower structure with a series of short mounts that are camouflaged within the area so as to reduce the negative visual impact of a possible larger structure. MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 7. PROCEDURES AND NONCONFORMITIES ********** 7.1.2.10 Magic City Innovation District SAP Permit a. SAP Permit All Development (excluding the Adaptive Use of existing Buildings) within the SAP Area shall require approval by SAP Permit. For clarification, the Adaptive Use of existing Buildings within the SAP Area shall be approved in accordance with the Miami 21 Code, as applicable. All other permits under the Miami 21 Code which may be required for other Development within the SAP Area, such as Warrants and Waivers, shall be approved by SAP Permit and subject to the equivalent fee to those established in the Miami 21 Code and Ch. 62 of the City Code. The process and criteria for review and approval of an SAP Permit application is set forth below. Additionally, specific design conditions or Uses requiring approval by SAP Permit are described in the various articles of this Regulating Plan, and are referenced here only for convenience. The specific parameters of each SAP Permit referenced below are further described in the articles in which each specific SAP Permit appears in this Regulating Plan. 1. Approval of outdoor creation of art work in an Art Gallery (Article 1.1). 2. Approval of vegetated surfaces and planters in an Architectural Treatment (Article 1.2). 3. Deferral of required off-street parking for phased projects (Article 3, Section 3.6.8). 4. Approval of certain loading berth turning movements (Article 3, Section 3.6.9). 5. Approval of certain Uses within the SAP Area (Article 4, Table 3). 6. Decrease of required parking by up to fifty percent (50%) for properties within a T5 or MCID Transect Zone located within a TOD area (Article 4, Table 4). 7. Decrease of required parking by up to fifty percent (50°/0) or seventy-five (75%), as applicable, for Residential Uses within an MCID Transect Zone located within a Transit Corridor (Article 4, Table 4). 8. Decrease of required parking by up to eighty percent (80%) for certain Uses Abutting a Transit Facility within a TOD area (Article 4, Table 4). 9. Approval of deviation from shared parking factor ratios (Article 4, Table 5). 1o. Approval of Cantilever Frontage (Article 4, Table 6). 1 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 7. PROCEDURES AND NONCONFORMITIES 11. Approval of certain Facade development along Frontages (Article 5, Section 5.5.1.e). 12. Approval of deviation from required vehicular entry distances (Article 5, Section 5.5.1.f). 13. Approval of building to dominant setback (Article 5, Section 5.5.1.g). 14. Approval of Building encroachment into setback along Promenade du Grand Bois (Article 5, Section 5.5.1.q). 15. Approval of encroachment into setback fronting on a Civic Space Type (Article 5, Section 5.5.2.b). 16. Approval of vehicular entries, Loading Docks and service areas on Principal Frontages (Article 5, Section 5.5.2.e). 17. Approval of parking access from a Principal Frontage (Article 5, Section 5.5.4.c). 18. Approval of less than seventy percent (70%) transparency for Facades (Article 5, Section 5.5.5.b). 19. Approval of Facade development and Building corner recession (Article 5, Section 5.6.1.e). 20. Approval of deviation from required vehicular entry distances (Article 5, Section 5.6.1.f). 21. Approval of Building encroachment into setback along Promenade du Grand Bois (Article 5, Section 5.6.1.g). 22. Approval of encroachment into setback fronting on a Civic Space Type (Article 5, Section 5.6.2.c). 23. Approval of vehicular entries, Loading Docks and service areas on Principal Frontages (Article 5, Section 5.6.2.f). 24. Approval of parking access from a Principal Frontage (Article 5, Section 5.6.4.c). 25. Approval of parking, Loading and service areas outside the Third Layer (Article 5, Section 5.6.4.d). 26. Approval of entrance to underground parking from other than through a Principal Building (Article 5, Section 5.6.4.h). 2 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 7. PROCEDURES AND NONCONFORMITIES 27. Approval of less than seventy percent (70%) transparency for Facades (Article 5, Section 5.6.5.b). 28. Approval of Micro Unit Dwellings (Article 6, Table 13). 29. Approval of large-scale Commercial Uses (Article 6, Section 6.3.1). 30. Approval of outdoor dining areas located on Private Frontages fronting a Thoroughfare (Article 6, Section 6.3.2.1.a). 31. Approval of outdoor dining areas located on Public Frontages (Article 6, Section 6.3.2.1.b). 32. Approval of Open Air Retail Uses in certain locations (Article 6, Section 6.3.2.2.a). 33. Approval of Retail Merchandising Units above fifteen (15) units (Article 6, Section 6.3.2.2.b). 34. Deviations from standards for Open Air Retail Uses (Article 6, Section 6.3.2.2.d). 35. Approval of Personal Wireless Service Facilities (PWSF) within the SAP Area (Article 6, Section 6.4.1). 36. Modifications to previously approved SAP Permits (Article 7, Section 7.1.2.10.e). 37. Approval of a master sign package for the SAP (Article 10, Section 10.1). 38. As appropriate to the nature of the SAP Permit involved and the particular circumstances of the case, SAP Permits up to ten percent (10%) of any particular applicable standard of Miami 21 and/or this Regulating Plan except Density, Intensity, and Height, may be granted when doing so promotes the intent of the SAP or particular Transect Zone where the proposal is located; is consistent with the guiding principles of the SAP and/or Miami 21; and there is practical difficulty in otherwise meeting the standards of the SAP and/or Miami 21, or when doing so promotes energy conservation and Building sustainability. The inability to achieve maximum Density, Height, or floor plate for the Transect shall not be considered grounds for the granting of an SAP Permit. This SAP Permit cannot be combined with any other specifically referenced SAP Permit of the same standard. b. SAP Permit Review and Approval Process. 1. The Office of Zoning (or its successor) shall appoint a zoning reviewer to be knowledgeable and up-to-date on the SAP and primarily responsible for processing SAP Permits for the SAP. The Zoning Administrator or their designee shall review each application for an SAP Permit for completeness. Upon verification by the Zoning Administrator, the application shall be referred to the Planning Director. The Planning Director or their designee shall review each application 3 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 7. PROCEDURES AND NONCONFORMITIES for an SAP Permit for consistency with this Regulating Plan, the Concept Book, the Development Agreement. Miami 21 and the Miami Comprehensive Neighborhood Plan. 2. The Planning Director shall, on an expedited basis following completion of the required steps at subsections b.3 and b.4 below, as applicable, approve, approve with conditions or deny the SAP Permit application. Approvals shall be granted when the application is consistent with the SAP, inclusive of this Regulating Plan, the Concept Book, the Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. Conditional approvals shall be issued when the application requires conditions in order to be found consistent with the SAP, inclusive of this Regulating Plan, the Concept Book, the Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. Denials of applications shall be issued if, after conditions and safeguards have been considered, the application still is inconsistent with the SAP, inclusive of this Regulating Plan, the Concept Book, the Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. The decision of the Planning Director shall include an explanation of the requirements under the Miami 21 and the SAP regulations for an appeal of the decision. The Planning Director shall include a detailed basis for denial of an SAP Permit application, including citation to all applicable legal authority. 3. Urban Development Review Board Review. If an SAP Permit application involves a project in excess of two hundred thousand (200,000) square feet of floor area, or as otherwise deemed necessary by the Planning Director, the SAP Permit shall be referred for review by the Urban Development Review Board in accordance with Ch. 62 of the City Code. 4. Coordinated Review Committee Review. SAP Permit applications for any new Building within the SAP Area shall be reviewed by the Coordinated Review Committee in accordance with Section 3.9.1(q) of Miami 21. 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 filed with the Hearing Boards Office within fifteen (15) calendar days of the posing of the decision by the Planning Director on the City's website. The Board shall determine whether the Planning Director's determination is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, de novo and must be filed with the Hearing Boards Office within fifteen (15) calendar days of the Board's issuance of its ruling, and must state the specific reasons for such appeal, together with payment of any required fee. e. Modifications to previously approved SAP Permit An applicant may modify an SAP Permit approved under this Appendix as a minor modification through the SAP Permit process. Minor Modifications include, but are not limited to: i. Changes that conform with this Regulating Plan; or ii. Changes in the project phasing. In the event that the modification is determined to be "not minor" a new SAP Permit shall be required. * * * * * * * * * * 7.3 FLEXIBLE ALLOCATION OF SAP AREA DEVELOPMENT CAPACITY Properties located within the SAP Area boundaries may be subject to Declaration of Restrictive Covenant(s) in Lieu of Unity of Title in a form approved by the City and the City Attomey, which document permits and facilitates the flexible allocation of Development Capacity and Height for Lots, sites and parcels located throughout the SAP Area as long as the overall Height and Building mass distribution for the entirety of the SAP Area is not out of scale or character with the underlying Transect Zone. As such, any Covenant in Lieu will be consistent with: (i) the land development regulations for the SAP Area contained in Miami 21, this Regulating Plan, the Concept Book and the Development Agreement; and (ii) the goals, policies, and objectives of the Miami Comprehensive Neighborhood Plan. 5 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 9. LANDSCAPE REQUIREMENTS * * * * * * * * * * 9.5.6 Shrubs a. All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Shrubs shall be provided at ratio of ten (10) per required tree. Ground cover plants may be provided in lieu of shrubs at a ratio of two (2) ground cover plants to one (1) shrub. No less than Thirty (30) percent of the shrubs shall be native species and no less than fifty (50) percent shall be low maintenance and drought tolerant. Eighty (80) percent of the shrubs shall be listed in the Miami -Dade Landscape Manual, the Miami -Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list. * * * * * * * * * * 1 MIAMI 21 — JANUARY 2018 DRAFT — 2/22/19 MAGIC CITY INNOVATION DISTRICT SAP REGULATING PLAN ARTICLE 10. SIGN REGULATIONS 10.1 GENERAL Until such time a formal signage package for the SAP is approved by SAP Permit as set forth below, signage consistent with this Regulating Plan and the Concept Book shall be permitted within the SAP Area so long as the dimensions of such signage is consistent with Article 10, Table 15 of Miami 21. One (1) or more formal signage packages for the SAP consistent with this Regulating Plan and the Concept Book may be submitted to the City at any time subsequent to the City Commission's approval of the SAP (including this Regulating Plan). Any such formal signage package for the SAP shall be approved by SAP Permit pursuant to the administrative process set forth at Section 7.1.2.10 of this Regulating Plan. * * * * * * * * * * 1 EXHIBIT C Approved Concept Book See attached. 11(11(1C1-1Thi INNOVATION DISTRICT SPECIAL AREA PLAN CONCEPT BOOK HEARING 21-52;fir cl„\ ARQUITECTONICA MCD MIAMI, LLC akerman ARQUITECTONICA LANGAN Kimle\o)Horn June 20, 2018 1 CIAQIC CITY INNOVATION DISTRICT TABLE OF CONTENTS 8. COVER TABLE OF CONTENTS CONTEXT (MACRO)AND TOPOGRAPHY RESILIENCY CONTEXT (MACRO) CONTEXT (MEDIUM) CONTEXT (MICRO) HISTORICAL CONTEXT - LEMON CITY TRAIN STATION HISTORICAL CONTEXT - DUPUIS BUILDING COMMUNITY CONTEXT - LITTLE HAITI 10. GENERAL EXISTING SITE PHOTOGRAPHS 11. ADOPTED FUTURE LAND USE MAP (MACRO) 12. ADOPTED FUTURE LAND USE MAP (MICRO) 13. PROPOSED FUTURE LAND USE MAP (MACRO) 14. PROPOSED FUTURE LAND USE MAP (MICRO) 15. CURRENT ZONING (MACRO) 16. CURRENT ZONING (MICRO) 17. PROPOSED ZONING (MACRO) 18. PROPOSED ZONING (MICRO) 19. EXISTING CONDITIONS 20. MASTER PLAN 21. PERIMETER LENGTH FOR NEWLY CREATED BLOCKS 22. CAMPUS ZONES 23. CULTURAL, ARCHITECTURAL AND URBAN DESIGN MOOD 24. TECHNOLOGY & INNOVATION 25. HEALTH & WELLNESS 26. SUSTAINABILITY 27. ART, CULTURE & ENTERTAINMENT 28. INNOVATIVE DISTRICTS 29. STREETSCAPE MOOD 30. NON -ACTIVE FACADE TREATMENT 31. SITE FURNISHING MOOD 32. LOT COVERAGE BY CAMPUS ZONE 33. LAND SWAP 34. PARKING CLUSTER 35. THOROUGHFARES + FRONTAGES 36. VEHICULAR CIRCULATION 37. EXISTING AND PROPOSED TRANSIT 38. BICYCLE CIRCULATION 39. PEDESTRIAN CIRCULATION 40. TERMINATED VISTA 41. CIVIC AND OPEN SPACE 42. REQUIRED VS PROVIDED OPEN SPACE 43. PARCELIZATION PLAN 44. SOUTHEAST VIEW MASSING - CURRENT AREA BUILDOUTS 45. SOUTHEAST VIEW MASSING- MAX AREA BUILDOUTS 46. DEVELOPMENT PROGRAM CALCULATIONS 47. CONCEPTUAL PHASING PLAN 48. TREE DISPOSITION SCHEDULE (1) 49. TREE DISPOSITION SCHEDULE (2) 50. TREE DISPOSITION PLAN 51. TREE MITIGATION PLAN 52. TREE MITIGATION CALCULATIONS 53. SITE VEGETATION PALETTE 54. STREETSCAPE VEGETATION PALETTE 55. STREET SECTIONS - NE 2ND AVE & NE 3RD AVE 56. STREET SECTIONS - NE 3RD AVE PROMENADE & NE 4TH AVE PROMENADE 57. STREET SECTIONS - NE 4TH AVE & NE 62ND ST 58. STREET SECTIONS - NE 61ST ST & NE 60TH STREET 59. PROMENADE DU GRAND BOIS SECTIONS - LE MARCHE DUPUIS & LES BUREAUX 60. PROMENADE DU GRAND BOIS SECTIONS - LES RESIDENCES & LES ATELIERS 61. RENDERING - NE 2ND AVE PERSPECTIVE 62. RENDERING - NE 3RD AVE PERSPECTIVE 63. RENDERING - NE 2ND AVE PERSPECTIVE - NIGHT VIEW DEPARTMENT OfRESILIFA.EMO W0.5 COMMENTS �.,.,...�.��....._,- CITY OF MIAMI z,ma , m.i,aim..:�.v rom. ea.ee�aa�.cu.. v�o.meea�n.a HEARING BOARDS PLANS REVIEW owes l (/(E _ 6/z� r I,.I\1 �� [2.11 �iltB ...,a e„��,o�.�aea«> ., �,e.,ee ar m+eM•yebs �mwe.co�,i June 20, 2018 2 1'1AQ1C CITY INNOVATION DISTRICT Virginia Gardens West Miami Coral Terrace GI=. var Heights South Miami Miami Springs MAGIC CITY INNOVATION DISTRICT SAP - CONTEXT (MACRO) AND TOPOGRAPHY RESILIENCY Gladeview MAGIC CITY INNOVATION DISTRICT .Fisher Island 80 40 15 7 5 - Q June 20, 2018 3 CITY OF MIAMI HEARING BOARDS PLANREVIEW Hearing Boa. ( ou. udk wwW - m _6 By: I N N O V A T I h N D MAGIC CITY INNOVATION DISTRICT SAP - CONTEXT (MACRO) June 20, 2018 4 CRY OF MIAMI HEARING BOARDS ud'_wo PLANS EVIEWz y% ' nurMg Woe; o.m F PI an INNOVATt Nome Da mg d' Haitl'Chutch Little Haiti Soccer Park NE 62nd St Cushman School lir a' MAGIC CITY INNOVATION DISTRICT SAP - CONTEXT (MEDIUM) June 20, 2018 5 CITY OF MIAMI HEARING BOARDS PLAN$ EVIEW Hearing Boards Public wed. MAGIC CITY INNOVATION DISTRICT SAP - CONTEXT (MICRO) June 20, 2018 6 INNOVATION DISTRICT MAGIC CITY INNOVATION DISTRICT SAP - HISTORICAL CONTEXT - LEMON CITY TRAIN STATION CITY OF MIAMI HEARING BOARDS PLAN REVIEW w.na BoardDate r.X4=l z�a+ ere Gi'L111y sla imory.wraa June 20, 2018 7 Magic CITY INNOVATION DISTRICT .•. Born in Newnansville. Florida, in 1875, Dr. John Gordon DuPuis moved to Lemon City after graduating from medical school at the University of Kentucky in 1898. He began his practice in a one -room frame building behind the Conolly Hotel. The building served as DuPuis' office and as one of the first drug stores in south Florida. DuPuis was involved in larger Dade County medical affairs. including helping during a yellow fever outbreak in 1899. He worked with the local Seminoles in the early 1900s. who regarded him as a white medicine man. In 1902, DuPuis had a new office built on the corner of Lemon Avenue (NE 61st St.) and Rock Road (NE 2nd Ave.). It was the first concrete building constructed north of downtown Miami. It housed Dupuis' office and drugstore on the first floor, and his family residence on the second. The building is an excellent example of a late I9th-early 20th century commercial structure and is one of the few examples of its type to survive in Miami. Although his family moved out of the building in 1925, the - - i • atients. MAGIC CITY INNOVATION DISTRICT SAP - HISTORICAL CONTEXT - DUPUIS BUILDING CITY OF MIAMI HEARING BOARDS PLANS REVIEW PUN. works • Date /u ar: elm .floo • owe C. L l� Funn, did are mw, a00roval June 20, 2018 8 MINK CITY INNOVATION DISTRICT LIBRERI MAPOU BOOKSTORE 0 •. 1® Ii i i 1i. MAGIC CITY INNOVATION DISTRICT SAP - COMMUNITY CONTEXT - LITTLE HAITI CITY OF MIAMI HEARING BOARDS BI,AMS REVIEW Br m al���wnp� June 20, 2018 9 flAQI( CITY INNOVATION DISTRICT IIIUI�I " lull MAGIC CITY INNOVATION DISTRICT SAP - GENERAL EXISTING SITE PHOTOGRAPHS CITY OF MIAMI HEARING BOARDS PLANS REVIEW Hooting Public M 6 By l/. / v (/) / //i B n a °+Q m�N appmrm June 20, 2018 10 Pubic woRs -00e 63 rks. I I, s Zoney - -D0A PlanniT MAGIC CITY INNOVATION DISTRICT aAVV112 aN JA2 roPts ofiwygsin NT 7211 AVE NE ./TH AVF isi an tri dAN IS, 3N r NE 1St AVE 10VIVI aN RR WAN! CT S TIN .1 VAIS AVF1 NW MAW 0.01 I MN 121/1, re, F z ) NW :T11 CT Hi, !AN _.,_,,,,,,,,„ r MAGIC CITY INNOVATION DISTRICT SAP - ADOPTED FUTURE LAND USE MAP (MACRb) I alH CT NW 51H AVF 1R0 12 UN, N2,07,1_ 7,41, nvr N:u tsv row < svr a Nw Av2 NW :SUAVE z z mn 3 3 5 City Boundary City Parcels Major Roads Expressway Streets FutureLandUse Coastal High Hazard Area 13 Coastal High Hasa d Area Residential Density Increase Areas Little Havana - 200 Unrts/Acre Southeast Overt°. - 300 Units/Acre West - 500 Units/Acre - 500 Units/Acre - 500 Unity,th re River Quadrant - 500 Units/Acre Miami River - 400 Units/Acre Overlays Buena Vista RAC Edgewater HD/HDRAC HDRAC UCBD re Land Use Conservation blic Parks aria Commercial Recreation' Marine Facilities. Single Family - Residential Duplex - Residential Low Density Multifainily Residential Medium Density M 5fami Residential High Density Residential Low Density Commercial Medium Density Commercial Restricted Com III Central Busi General Com Major Institirtional, Public Facilities, Traneportbenand Utilities Light Indus Industrial • Notdaggnn June 20, 2018 MINI( CITY INNOVATION DISTRICT MED. D. RESTRICTED COMMERCIAL L_ PUBLIC PARKS AND RECREATION MED. D. RESTRICTED RESTRICTED COMMERCIAL COMMERCIAL MAJOR PUBLIC FACILITY RESTRICTED COMMERCIAL MED. D. MULTI— RESTRICTED FAMILY COMMERCIAL RES. LIGHT INDUSTRIAL LIGHT INDUSTRIAL LIGHT INDUSTRIAL LI. IND. LIGHT INDUSTRIAL RECREATION MEDIUM DENSITY RESTRICTED COMMERCIAL REC. LIGHT INDUSTRIAL MAGIC CITY INNOVATION DISTRICT SAP —ADOPTED FUTURE LAND USE MAP (MICRO) LIGHT INDUSTRIAL DUPLEX RESIDENTIA MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL RESTRICTED COMMERCIAL PUBLIC PARKS AND RECREATION SINGLE FAMILY RESIDENTIAL L.D. M.F. RES. CITY OF MIAMI HEARING BOARDS PLANS REVIEW Dear, aoa,d, f zovoS did // . rny as June 20, 2018 12 MAGIC F H18 3N Hit 314 CITY INNOVATION DISTRICT 3AV NIL 3N NE 5TH AVE NE ETH AVE ,ThCiirRELE.,2 NE ETH AVE w ld MIXON AN NF 51,511 PL NE 31,51 , 3. NW tHO AVE NW 31H CT NW 5TH AVE 5 NW 51H CT NW 51,,T IND AVE 38t NW 2140 Pt ; E MIAM CT NW 5111 AVE MAGIC CITY INNOVATION DISTRICT SAP - PROPOSED FUTURE LAND USE MAP (MACRO) N raava,porfs, cn HEA 1.)S PLA. _ N Howing Ocertlid _ Pub. works •05 PO5.50 -Ow . AtIt I 16 00 00 r M 1 a 0 ri - n 4 8 a.m. 000 4' 4-,-k; 1-,-- •-%6CUtts P t5 - 'A a 3 a a a ,,J,41J0] 5 3 6, n 3AV tINAMN 3 Ck, Parcels Major Roads Expressway Streets 10tureLandUse I High Hazer Area Coastal High Hazard Area ntial IDAnvity Immo. Amas - Little Havana 200 UnitsfAcre Southeast Ooo0owo - 300 Units/Acre Park West - spa Units/Acre Bookell - 500 Lnits/Acre Ornni - 500 U its/Acre River Quadra - 500 UnitsfAcre (3 Mami River - 00 Units/Acre Other Overlays 0 Buena Vara Edgewater HC)HDRAC Commercial Recreation' Marine Facilites' Single Ranh, !Residential Duplex - Rest ential RLoo rsi senntisalY Medium Densi Residential High Density Residential ultifarmly 3 Multifamily ultifamly ow Denney Restricted ommercial Meclin, DensityRestarted Commercial estncted Commercial Central Busi Gerooral Corr Major Institut Fac,Ii5ea, Tran 555500 Light Irodootoral une Ilstrict rcial - al Public potation 13 MAGI( CITY INNOVATInN DIf,TR�CT MED. D. RESTRICTED COMMERCIAL PUBLIC PARKS AND RECREATION MED. D. RESTRICTED RESTRICTED COMMERCIAL COMMERCIAL 264' 7" MAJOR PUBLIC FACILITY RESTRICTED COMMERCIAL MED. D. MULTI- RESTRICTED FAMILY COMMERCIAL RES. LIGHT INDUSTRIAL 133242" 42. Li, L.I. ,EXT ,EXT RECREATION GENERAL COMMERCIA LIGHT INDUSTRIAL GENERA COMMERCIAL LIGHT INDUSTRIAL MAGIC CITY INNOVATION DISTRICT SAP - PROPOSED FUTURE LAND USE MAP (MICRO) DUPLEX RESIDENTIA 1-2049 LIGHT MEDIUM DENSITY INDUSTRIAL MULTI -FAMILY EXT. RESIDENTIAL LIGHT INDUSTRIAL RESTRICTED COMMERCIAL PUBLIC PARKS AND RECREATION SINGLE FAMILY RESIDENTIAL Et1 410, L.D. M.F. RES. CITY OF MIAMI HEARING BOARDS ANS PLREVIEW _ .ems, ai1 June 20, 2018 14 0 CITY INNOVATION DISTRICT `, IJA Id JNI l r —1 a L_�— rl.:1J�.�„U_�I5dYJ\RI,NC;81�T _IZ .r.:a_.:,�N• ,'Aa.p•N MAGIC CITY INNOVATION DISTRICT SAP - CURRENT ZONING (MACRO) CRY OF MIAMI HEARING BOARDS PLANS,4yEVIEW(���[/g • soar. Ut - Date roanIng.ome 6/1L(,9, ▪ lno D. bid//l6 B▪ na.a. re wwwv le-- — N71ViVb 1jc.-UI-- `_. _. y„l�r—.__ _ - J�`_`r ,r / �4 =- Hi_ City Parcels Major Road,' EX Streets ZoningMiami21 Established Setbacks - Miami 2 Specific Designation -Miami 2 Coral Gate (NCD.1) tillage West nd and Charles Avenue (NCO 2) Coconut Grove (NCD-3) Miami Worldcpmer Midtown Miami East S Distnc I Midtown MiarAi West S District Special Area Plans - Miami 21 Design Guidelines- Miami 21 Coral Way (Z ne 1) Coral Way acne 2) Coral Way (Z ne 3) Coral Way (2 ne 4) Coral Way (Z ne 5) Coral Way (Zone 6) Grand Ave ❑ Little Haig ❑ MLK Blvd ❑ man., Rivery'reenway Neighborhood Revitpl¢alion_ Primary Zoning -Mi TI NATURAL ❑ T33UB-URS ❑ T4 GENE RAII URBAN ❑ T5 URBAN CENTER ❑ T6-6URBAN CENTER ❑ T6-12 URB8AANNI CORE ❑ T6-24 URBPY CORE ❑ T6-36URBAAAAAA IIIIIINNNNNN CORE T6L8URBA,ICORE ❑Q T660 URBAN CORE ❑ T6-80 URBAN CORE ❑ DI WORK ❑ D2 INDUST ❑ 03MARINE ❑ CS CMC S ACE/PARKS ❑ CI CMC INSTITUTIONAL ❑ CF-HD HEALTH CITY INNOVATION DISTRICT —' L-- I I r----1 , L5}�- 1L T �I �1J ICI — NEs28t _ yy}} _�1® Jae I I —II NE808t �� (ke `........u.n.L_am,..e .�I Il�7li 9a IU III L_i 7AE-- T5 L 1 MAGIC CITY INNOVATION DISTRICT SAP - CURRENT ZONING (MICRO) 100120. 180200' T3-L 400' CITY OF MIAMI HEARING BOARDS PLANS REVIEW b.G/ .6/410— public.nna -nare f/w A C�tr,y June 20, 2018 16 f1i1 IC CITY INNOVATION DISTRICT i MI•AV, IJ,^�15J 3N.k_J)`:I'Y z -1.7:41= FT-1 It 1 (- -1 — ,ri1 JN7 dN )L.JL a 0 „ CC Y7 O LS`rl.':Vb•d OS6;hS'dIN V?1,N0_Sb�'- - .y..=•"N IVIPUlU GI Y INNUVAI ION DIS I RIG I SAP - PROPOSED ZONING (MACRO) VI S Cry Parcels Major Roads Expresswa Streets MiamMI .bed Setbacks Area Specific Design Coral Gala (NOD, Village Nest Island Avenue(NCO-2) Coconut Grove (NED Miami Woddcenter Midtown Miami ()Mrs Midtown Miami Uistct Special Area Plans - Miami 2 Design Guidelines - Coal Way (Z Coral Waay(Z Coral N (Zo(te CoralWay (Zone 4)( Coral Wy Zone 5) CiBdi Way (Zone 6) Grand Ave Little Ham MLK Blyd dam Rrer Greenwa Omni ORA 0venown Folklife Ulla e .,1 SEOPW bomood Revitalization District Zoning- Miami 21 Tt NATURAL T3 SUB -URBAN '❑ Td GENERAL URBAN ❑ TS URBAN CENTER ❑ T6.8 URBAN CENTEF ❑ MCID-1 ® MCID-2 T6-36 URBAN CORE ITS-46 URBAN CORE T6-60 URBAN CORE ❑ T580 URBAN t`N ❑ D1 WORK PIAD ❑ D2 INDUSTRIAL ❑ D3 MARINE CI CMC INSTITUTIO • CIHDHEALS. : DEIST ICT June 200 $ 17 CITY INNOVATION DISTRICT J i _II j 1— it i 1 CI NE 60St—�--� T5- mJ' MAGIC CITY INNOVATION DISTRICT SAP - PROPOSED ZONING (MICRO) T5-O EXT( 66-4 Erj MCID-1 WEST D1 D1 EXTG EXTG D1 EXTG T3-L - GREEN SPACE PERIMETER PROPOSED BUILDINGS EXISTING BUILDINGS PLATFORM LATTFORM PARALLEL PARKING —" C PROPERTY NE (26) TREES TO REMAIN IN PLACE (82) TREES TO BE RELOCATED 400 CITY OF MIAMI HEARING BOARDS PLANS REVIEW - Date • dw, June 20, 2018 18 lc INNOVATION DISTRICT MAGIC CITY INNOVATION DISTRICT SAP - EXISTING CONDITIONS 1 ! EXISTING BUILDINGS DUPUIS BUILDING FORMER RAILROAD STATION I TE RAILROAD TRACK BICYCLE LANES ELEVATIONS ABOVE SEA LEVEL PROPERTY LINE EXISTING TREES 0' 60' 100120' 180200' CITY OF MIAMI HEARING BOARDS PLAN$ EVIEW June 20, 2018 19 MAGICICITY INNOVATION DISTRICT 7 C] k a NE 62st J_ PROPOSED CONDITIONS L _I Imo- 1( 888 LITTLE RAITI SOCCER PARK N - _-_ _=-' C 11 NE 60st -S\ — NE 50th Terrace NE 60th st MAGIC CITY INNOVATION DISTRICT SAP — MASTER PLAN LuILL1 11 I- — —l _i r_, 1iyl , 1 , l-_, I1- �11, �i, 1, � 1, , I li ICI ______,, PROPOSED BUILDINGS M8.868 EXISTING BUILDINGS 888, RAILWAY PLATFORM BIKE LANES PARALLEL HARKING • PROPERTY LINE • (26)I NEES TO REMAIN IN PLACE 8 (82) TREES TO BE RELOATED 0' 60' 100Y20' 160'200' 5.000° CITY OF MIAMI HEARING BOARDS PLANS REVIEW FAN ZT, -oae 4 t)I16 • Date 400' - sre8nre abb.4T& not mph' approval June 20, 2018 20 INNOVATION DISTRICT NE 82 yst NE 60st 1I LITTLE HPITI SOCCER PARK ri ---NE52st--— NE ntot New Block Perimeter Length Approx 2053' NE 60th et NE 69th Torrace Ill rcI MAGIC CITY INNOVATION DISTRICT SAP - PERIMETER LENGTH FOR NEWLY CREATED BLOCKS New Block Perimeter Length Approx 1148' New Block Perimeter Length, Approx 908' New Block Perimeter Length Approx 832' 11 L Maximum perimeter length A for newly created rme blocks: Ppprox 2,053' on geometer length for01 newly created blacks: Approx 1,335' Existing Meg-elock permeter length LR Apprax3,i11' n n al60100'120' 160'200' CITY OF MIAMI HEARING BOARDS PLAN$ EVIEW Pctc works - Dale Z. (Lf— By: nn9 Y°n., t > pal Prwal June 20, 2018 21 CHE UIS 73,9 ]3,9]9 sf 266'-0" TUNIC CITY INNOVATION DISTRICT DU Overall C Zone Are DUPUIS BUILDING CI FOCUSED CAMPUS ZONE T5—O T5—L D1 HOTEL AND OFFICE FOCUSED CAMPUS ONE 28610" LES BUREAUX Overall Campus Zone Area'. 83„813 sf 301-10 LES RESIDENCES overall Campus Zone 2 MAGIC CITY INNOVATION DISTRICT SAP — CAMPUS ZONES LES RESIDEN RESIDENTIAL FOCUSED CAMPU ZONE 274'3" FFICE, RETAIL TERTAINMEN AMPUS ZONE VD FOCUSED LES ATELIERS Overall Campus Zone Area'. 455,615 sf OFFICE, RETAIL AND ENTERTAINMENT FOCUSED CAMPUS ZONE D1 358'-5" T4-R GREEN SPACE PERIMETER SAP BOUNDARY DIVISION OF CAMPUS ZONES 0 20 18 200 5000° CITY OF MIAMI HEARING BOARDS PLANSEVIEW P/ f Ze papa 4 rot lk t�77Fir1(/r,r apy ffe June 20, 2018 22 1'1AQK INNOVATION DISTRICT C 1 TY CULTURAL, ARCHITECTURAL AND URBAN DESIGN MOOD CITY OF MIAMI HEARING BOARDS PLANS,REVIEW Heari w=�waw=� . PLANS, acing �jDm�=�0 �1'y�lb e�aa"°o�A /d///� a. maaaaorOV.i EXAMPLES ONLY June 20, 2018 23 141(1Q1( CITY TECHNOLOGY & INNOVATION DISTRICT CITY OF MIAMI HEARING BOARDS PLANS REVIEW ...a Boa. SY; Bo: INNOVATION 24 MINK INNOVATION DISTRICT CITY OF MIAMI HEARING HOARDS PLANS,jiEVIEW c( Zell ''4411hh o e21 erg a C�.".— \ Mgy.6/Jl/Id (z - HEALTH & WELLNESS 25 Nal( CITY SUSTAINABILITY INNOVATION DISTRICT CITY OF MIAMI HEARING BOARDS LAN_ ,S REVIEW lottilic works • ante BY: 1 Zoning -Oats i/n11/ By: 4:Zie d d Wing. ",:;s• 2.. Y. A„o#0.11-' 01 26 1111Q1( CITY ART, CULTURE & INNOVATION DISTRICT CITY OF MIAMI HEARNG BOARDS PLANS REVIEW Public works • DM By• 5%0•••"•- Zsottg • Dale P.n.° • Dew /,?I sg above does not imply appro. ENTERTAINMENT est INAuste Tfa -.05IEWP r1AQI( CITY INNOVATIVE INNOVATION DISTRICT CITY OF MIAMI NEARING DOARDS PLANREVIEW/ Harkins Pod er: , works rwroSt above a6k i wsmo.,wraPonoval 1'1AQIC CITY STREETSCAPE INNOVATION DISTRICT MOOD CITY OF MIAMI HEARING BOARDS PLANS EVIEW Hearin...pp. C. NOTE: ILLUSTRATIVE EXAMPLES ONLY June 20, 2018 29 MINK CITY INNOVATION DISTRICT NON -ACTIVE FACADE TREATMENT CITY OF MIAMI HEARING BOARDS PLANS VIEW Huerho roams —.oe z /V Public worke Date ( /l3 L //n d//lQ aes'e/� a gees em eww err�rai NOTE : ILLUSTRATIVE EXAMPLES ONLY June 20, 2018 30 CITY INNOVATION DISTRICT SITE FURNISHING MOOD CITY OF MIAMI HEARING BOARDS PLANS/REVIEW, ~..ring Boa. l zf rim -Date min l /2((i`6 G/,)ilt ova does non 1m01, -I NOTE: ILLUSTRATIVE EXAMPLES ONLY June 20, 2018 31 f1AQIC CITY INNOVATION DISTRICT rtt MARCHE DUPUIS Lot Area: s979 sf Lot e: 87,813 sf Overallrall Coverage Lot Coverage Percentage: 38 % acI T5-O T5-L Lot Area: 288.243 sf Lot Coverage: 181449 5f Overall Lot Coverage Percentage: 63% PROPOSED.PROMENADE DU LES BUREAUX Lot Area: 87,813 sf Lot Coverage: 61,502 sf Overall Lot Coverage Percentage: 70% MAGIC CITY INNOVATION DISTRICT SAP - LOT COVERAGE BY CAMPUS ZONE mt SAP BOUNDARY DIVISION OF CAMPUS ZONES 60' 100120. 180'200ZOO. CITY OF MIAMI HEARING BOARDS PLANS EVIEW Nem,neere .gym/ 2'S_ Zoning ('� June 20, 2018 32 MINK CITY INNOVATION DISTRICT NE 62at LjjI 1 APPROXIMATELY 18,059 SF NE Bost 11 11 it /1 LITTLE HAITI SOCCER PARK I I t I I I I I I I II NE-42st_ 11( NE 81 nnn BPlh a1LIF NE 591h Terrace MAGIC CITY INNOVATION DISTRICT SAP - LAND SWAP r APPROXIMATELY APPROXIMATELY 7,345 SF j APPROXIMATE 8,698 SF APPROXI EL4, 7,832 SF_L APPROXIMATEII'v 22,084 SF I L L L � i� I 1II COUNTY CONVEY TO APPLICANT - CONVEY TO CITY - CITY CONVEY TO APPLICANT NOTE. SUBJECT TO REQUIRED APPROVALS 5. 00' 00' 100120' 180200' 400' 11 1111 CITY OF MIAMI HEARING BOARDS PLANS REVIEW `_tea i eea I 1� ss alum do . not o. approval • June 20, 2018 33 MAW CITY INNOVATION DISTRICT NE 62s1 NE 60s l [11- T --NE-62s1- LITTLE HAITI SOCCER PARK ,_-* ! ate_=rV NE 61s1--y •fir "�"�rr� '� C USTERK 1� PROVIDED'. 580 ; OP ED PROMO 01, "ND CLUSTER M PROVIDED'. 475 NE 59111 Terrace L EST CLUSTER L PROVIDED. 214 1.11 CLUSTER C �I1 1 nth I1. 1 CLUSTEftJ 1' PROVIDED'253 1 II Ian MAGIC CITY INNOVATION DISTRICT SAP - PARKING CLUSTER a CLUSTER A PROVIDED'. 731 CLUSTER B PROVIDED. 913 ER DEO'585 J TOTAL PARKING PROVIDED: 6,081 • GARAGE LOCATION o OTHER BLDG LOCATION NOTE ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS 0 60' 10 10 20' 180' 02 0' 5000° CITY OF MIAMI HEARING BOARDS PLANS REVIEW ey , mvy approval 1 June 20, 2018 34 f1i1 IC CITY INNOVATION DISTRICT NE fi2st NE 60st L= JI ARE — — N642at LITRE HAITI SOCCER PARK L—� a v 11 k fid'1' lil ,l so arm r r i _ NE 5901 Terrace 1 EST L MAGIC CITY NNOVATION DISTRICT SAP - THOROUGHFARES + FRONTAGES 1 LJ , L � n��n ILIJ L� JI rl I I II I II II PRIMARY A GRID + PRINCIPAL FRONTAGES: APPROX. 70% PRIMARY B GRID + SECONDARY FRONTAGES: APPROX. 30% t1 efY 10,Y120' 190200' CITY OF MIAMI HEARING BOARDS PLANS REVIEW Rerow Boats C-{- ` .-1 S� Pubis -om /W o.- G/1,Il,4 nine c ti" fiw o 6/ 0e Sigblth. above does not Imply approval June 20, 2018 35 ft1 K CITY INNOVATION DISTRICT i; LITTLE HARI SOCCER PARK 0110 OP. SO,eROM'. 1 NE 591M1Trra ece II L 1 �11II II fll 11 111 I \ Iw Ilj MAGIC CITY INNOVATION DISTRICT SAP - VEHICULAR CIRCULATION 7177777! GARAGE ENTRANCES - ARTERIAL ROADS COLLECTOR ROADS LOADING ACCESS POINTS - POTENTIAL ON STREET LOADING NOTE'. ILLUSTRATIVE CONCEPT ONLY', SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS O 60' 10tl 2P 180'200' MIAMI HEAT NGTY FEIOARDS PLANS REVIEW erwo,s • Br ' June 20, 2018 36 PUNK API II CITY INNOVATION DISTRICT 9 10 202 62 LITTLE HAITI SOCCER PARK C E L NE SOIM1 Terrace L -- NE 60M et L T �LIw�TIr MAGIC CITY INNOVATION DISTRICT SAP - EXISTING AND PROPOSED TRANSIT 1 LJ �.LjLi Li iLJ LJ!LIi II OBUS ROUTE 9- DOWNTOWN MIAMVAVENTURAL MALL 0 BUS ROUTE 10-OMNI/MIAMI GARDENS DRIVE BUS ROUTE 202 - NW 83ST 0 BUS ROUTE 62-BISCAYNE BLVD/ PALM AVE • EXISTING MIAMI-DADE TRANSIT BUS STOP PROPOSED PASSENGER/COMMUTER RAIL • PROPOSED Bus STOP BO• 100120• 180200• CITY OF MIAMI HEARING nJAR09 PLANS REVIEW Heathy Bwre. P.M worm I3y honing6 ti er s4,y ,. 6/M//6 orne0 rnot motvea6�•+ June 20, 2018 37 CI1 K CITY INNOVATION DISTRICT NE 62st ■ NE 60st r lwl —/_ OP EabROM ECDS-D iAND BCC NE 59th Terrace NE 80[M1 st LITTLE HAITI SOCCER PARK MAGIC CITY INNOVATION DISTRICT SAP - BICYCLE CIRCULATION nIIn= nn------ 11 II I! r r j r IMPROVED EXISTING BICYCLE LANES _ PROPOSED BICYCLE LANES mewme STREET CROSSINGS 60' 100120' 180700' 400' CITY OF MIAMI HEARING BOARDS PLANS REVIEW Pad mp Boame - Date FhS't: (41,10 /f.� 1(/d///J ErI re.G�/not Imps ewtsm June 20, 2018 38 MINI( CITY INNOVATION DISTRICT �-)1 T 1 NE 62st -J NE60st Iwl •Z LITTLE HAITI OCCER PARK ituI NE591M1 Terrace u MAGIC CITY INNOVATION DISTRICT SAP - PEDESTRIAN CIRCULATION <I ET I-- I T i�1_ - �� 11 Li TM 1 - PROMENADE DU GRAND BOIS PEDESTRIAN PATHWAY `` CROSS -BLOCK PEDESTRIAN PASEO - SIDEWALKS 5.000° _ PEDESTRIAN OVERPASS Il 60' 100'120' 180,00' 400. CITY OF MIAMI HEA;11N„ BOARDS PLANS REVIEW —2s June 20, 2018 39 CITY INNOVATION DISTRICT 4FIOTRE DAME D'HAIT 3ATHOLIC CHURCH 30CCEa pI nIRK LITTLE HAITI SOCCER PARK CS II ri I III — — NE32st _ PROPOSED RAIL STATION NE 6011) LITTLE-HAITI— - • CULTURAL CENTER w11' MAGIC CITY INNOVATION DISTRICT SAP - TERMINATED VISTA i �\ G XROW DESIGN FEATURE (POTENTIAL FEATURES INCLUDE'. DEVELOPER -SELECTED PUBLIC ART, FOUNTAINS. ETC ) MELn)TrFTSWXgrgrF'msr FAAsArs 600 100120' 180200. 5000° 400' \,I II'il CITY OF MIAMI HEARING BOARDS PLANS REVIEW ,Baca. te6 2- BY: � s,s2 Nenn f e sialiie not imply mem+m June 20, 2018 40 INNOVATION DISTRICT NE 00s1 n rD 11 LITTLE HAITI SOCCER PARK — — — NE62at NE fi1st NE E9th Tertace } BUM1 s[ MAGIC CITY INNOVATION DISTRICT SAP - CIVIC AND OPEN SPACE J I I�� NMI 5000. CIVIC SPACE = 3.8 ACRES MINIMUM NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS 1O0'120' 180'200' CITY OF MIAMI HEARING BOARDS PLAN REVIEW ,� ao„N - m" ICi pg. flab �vlLl F� 6/.1 %//g �_; Imply =_ bJune 20, 2018 41 MINK CITY INNOVATION DISTRICT EMI NMI MI 1111111 II__i --- NE62st—_ NE EOtf ,t 0 6ITY REQUIREu: 1b /o LOT AREA AS OPEN 77,333 SF - 1.8 ACRES HIGHLIGHTED ABOVE LITTLE HARI SOCCER PARK CE 1 y it 1 LL �I ' CITY OF MIAMI EARING BOARDS. I-- VI W b ASPUBLIC , ISA&GIs SAP PROVIDED. 21 /o LOT AREA 11 165,528 SF - 3.8 ACRES MINIMUM HIGHLIGHTED ABOVE E7E71E�® — — — NE62st_ LITTLE HAITI SOCCER PARK .,t p lie,5 �/�('4 swn.N,., .„ .HNtl June 20, 2018 42 f1AGiC�CITY INNOVATION DISTRICT 111 NE 62st PARCEL 16 Bldg SF/level'. 1-. Orc e (16)5,000 Retail (16) 5000 SF/I e L 04) 11 (14) 10 000 LITTLE 1tAm SOCCER PARK MOM carte PARCEL 5 Bldgs'. OFeevel. PARCEL I] Office (5) 15500 15 Bldgs'. SF/level. L: Garage (15)19900 8 Office (17) 7,600 1 Retail( 5) 35,400 1 Retail (17)7,600 1 \ NE BO. Igi NE 59111 Tertece — — NE6241_ Pq CEL12 1 BI Sr/level: L. II,: H I (2) 14.400 14 111 bd. (12) 12,500 2 1il g (12) 24,290 6 Retail (12A) 8,750 1 `P J }1RGEC 9 SE/level R ad. (1 )1,000 G (13)824,700 Rtail ll (13)24 ]00 24 1 l 1 �I 1011 RCEL4 des: BFllev (4A)14,400 -:d. (48)14,40( arage (4) 27,36f Gal (4) 54,00( PA CEL9 Bldg SF/I Red (9) 127 Garage 9 20,00 Retal i9) 29,6 r0 C8(` PARCEL tU Bldg sr/level L'. Revd (0) 12,500 24 Garage (10) 17 000 9 � PARQ'6L 1J P CEL xt cemyal L Biggs SF/Ieve OR () 104 Red (1) 12,00 24 Garage (]) 14.4 Garage (1) 2,000 5 Rete (7) 2210d� Retail � (11) 28,00E 1 FeOTpa� �ra�d�a — mar__ o tL�� PARCEL t Bldge: l'. L'. Office (1) 24.10024,100 19 Garage (1) 26,700 8 Retail (1) 53,800 1 PARCEL Bidge: Sr/level: L: Office (2) 23,000 19 Garage (2) 29.700 10 Retail (2) 52.700 1 ARCELS Nneve L Bldg 1 Ga (5) 18400 1] G g (5) 2160E 9 R 'I (8)5, 000 1 Retail (5B)5900 MAGIC CITY INNOVATION DISTRICT SAP - PARCELIZATION PLAN 61tlgs'. SF/level: L: Office O 17,185 4 Expo. 39,870 3 Rol) 31.180 4 Garage() 6,987 8 Retail 1 3i,280-1 7, PARCEL] sznevel L Office (3) 000 4 Retail (3) 14,000 1 rTF Llr HL HOTEL RESIDENTIAL OFFICE RETAIL GARAGE PROPERTY LINE NOTE; • ILLUSTRATIVE CONCEPT ONLY, SUBJECT TO REQUIRED DEPART MENTAL APPROVALS 0' 60 100120. 180200' cITV 1,MI HEAH)NG —ADS PLANS R o:EW HeaArg Boer05 a 2 Put. works • Dale Zonmo V; Signature ooac. June 20, 2018 43 CITY INNOVATION DISTRICT MAGIC CITY INNOVATION DISTRICT SAP - SOUTH EAST MASSING - PROPOSED SAP MASSING V. CURRENT AREA BUILDOUTS CITY OF MIAMI HEARING BRANDS PBoards EVIEW ji/Z/ k" Hewing J=t1 le I /r MononaDate s/eV/M. Karaapproval June 20, 2018 44 CITY INNOVATION DISTRICT MAGIC CITY INNOVATION DISTRICT SAP - SOUTH EAST MASSING - PROPOSED SAP MASSING V. MAX. POTENTIAL AREA BUILDOUTS CITY OF MIAMI HEARING BOARDS PLANS REVIEW �er � onDale ( (tl / / Planning sig4-:ve -as approval June 20, 2018 45 MAGIC CITY INNOVATION DISTRICT Parcel 1 1 0 0 A 0 2 2 3 3 Magic City * SAP " Program Calculations Building Use Units Units/ Level N Levels SF / Level Gross SE (-)% Net SF Parking Cale. Net Program Notes Parking Ratio Required Provided i Office 19 24,100 457,900 10% 412,110 370,899 2 / 1,000 742 1 Retail 1 53,800 53,800 35% 34,970 2 / 1,000 70 1 Garage 91 8 29,700 237,600 100% 0 325 sqft/ space avg. 731 2 Office 19 23,000 437,000 10% 393,300 353,970 2 / 1,000 708 2 Retail 1 52,700 52,700 35% 34,255 2 / 1,000 69 2 Garage 91 10 29,700 297,000 100% 0 325 sgft / space avg. 913 3 Office 1 12,000 48,000 10% 43,200 38,880 2 / 1,000 78 3 Retail 1 14,000 14,000 25% 10,500 2 / 1,000 21 4A 4B Residential 342 15 24 14,400 345,600 15% 293,760 858 net sqft/ unit 0.6 / Unit 205 Residential 342 15 24 14,400 345,600 15% 293,760 858 net sgft/unit 0.6 / Unit 205 4 Retail 1 54,000 54,000 35% 35,100 _ 2 / 1,000 ]0 4 Garage 84 6 27,360 164,160 10096 0 325 sqk/space avg. 505 5 0940e 17 19,400 329,800 10% 296,820 267,138 2 / 1,000 534 5A Retail 1 41,800 41,800 45% 22,990 2 / 1,000 46 5B Retail 1 5,900 5,900 20% 4,720 2 / 1,000 9 5 Garage 65 9 21,800 196,200 100% 0 335 sqft/ space avg. 585 6 Retail 1 22,100 22,100 45% 12,155 2 / 1,000 24 6 Office 17 18,000 306,000 10% 275,400 247,860 2 / 1,000 496 6 Garage 43 12 14,400 172,800 100% 0 335 sgft/ space avg. 515 7 Office 17 18,000 306,000 10% 275,400 247,860 2 / 1,000 496 7 Retail 1 22,100 22,100 45% 12,155 2 / 1,000 24 7 Garage 43 12 14,400 172,800 100% 0 335 sqk/space avg. 515 8 Retail 1 31,280 31,280 15% 26,588 per plan 8 Residential Office 60 13 4 31,760 127,040 15% 107,984 per plan 8 8_ 8 9 9 4 17,185 68,740 10% 61,866 55,679 per plan Expo Garage Residential 287 21 12 3 8 24 39,870 16,987 12,750 119,610 135,899 306,000 15% 100% 15% 101,669 0 260,300 86,418 per plan_ per plan 905 net sgft/unit 0.6 / Unit 260 172 168 Retail 1 29,60D 29,600 35% 19,240 2 / 1,000 38 9 Garage 57 3 20,000 60,000 100% 0 350 sqk/space avg. 171 10 Retail 1 28,000 28,000 3594 18,200 2 / 1,000 36 10a Retail 1 9,00D 9,000 35% 5,850 2 / 1,000 12 10 Residential 309 14 24 12,500 300,000 15% 255,000 825 net sgft/unit 0.6 / Unit 185 10a Residential 309 14 24 12,500 300,000 15% 255,000 825 net sgft/unit 0.6 / Unit 185 10 Garage 51 9 17,000 153,000 100% 0 335 sqft/ space avg. 456 11 Retail 1 28,000 28,000 35% 18,200 2 / 1,000 36 31 Residential 321 14 24 12,500 300,000 15% 255,000 794 net sgft/unit 0.6 / Unit 193 11 Garage 51 5 17,000 85,000 300% 0 335 sgft/space avg. 253 12 Residential 336 15 24 12,500 300,000 15% 255,000 758 net sgft/ unit 0.6 / Unit 202 12 Hotel 432 31 14 14,400 201,600 15% 171,360 396net sgft/key 0.5 / Key 216 12A Retail 1 28,750 28,750 3594 18,688 2 / 1,000 37 128 Retail 1 17,240 17,240 20% 13,792 2 / 1,000 28 12 Garage 73 8 24,290 194,320 100% 0 335 sgft/space avg. 580 13 Retail 1 24,700 24,700 35% 16,055 2 / 1,000 32 13 Residential 324 14 54 24 4 13,300 319,200 15% 271,320 837 net sgft/unit 0.6 / Unit 194 13 Garage 18,000 72,000 100% 0 336 sqft / space avg. 214 14 Office 1 10,000 10,000 10% 9,000 8,100 2 / 1,000 16 14 Retail 1 10,000 10,000 2096 8,000 2 / 1,000 16 15 Office 15 15,500 232,500 10% 209,250 188,325 2 / 1,000 377 15 Retail 1 35,400 35,400 35% 23,010 2 / 1,000 46 15 Garage 59 8 19,900 159,200 100% 0 335 sqft/ space avg. 475 16 Office 1 5,000 5,000 10% 4,500 4,050 DUPu1s Building 2 / 1,000 8 16 Retail 1 5,000 5,000 2096 4,000 DuPuis Building 2 / 1,000 8 17 Retail 1 7,600 7,600 20% 6,080 2 / 1,000 12 17 Office 1 7,600 7,600 10% 6,840 6,156 2 / 1,000 12 SAP Summary Total Avg. Avg. Avg. SF/ Level Total Gross SF I-)% Net SF Parking Program Notes Parking Ratio Required Provided Units Units / Levels Cain. Net Level Residential 2,630 14 22 15,179 2,643,440 15% 2,246,924 854 net sgft/unit Office 11 1i,431 2,208,540 10% 1,987,686 1,788,917 Expo 3 39,870 119,610 15% 101,669 Hotel 432 _ 31 14 14,400 201,600 15% 171,360 _ 396 net sgft/unit 0.5/Unit 216 Retail 1 26,049 520.970 31% 344,548 0.6 / Unit 1,578 Garage 20,811 2,099,979 100% 0 SAP Totals: 7,790,139 62% 4,852,186 .of -Right: 5,193,088 500 2,596,544 0elta: 2,601,051 2,255,642 MAGIC CITY INNOVATION DISTRICT SAP - DEVELOPMENT PROGRAM CALCULATIONS 2 / 1,000 3,578 2 / 1,000 689 total: 6,061 345 soft/ space avg. 6,081 6,061 6,08 5453 608 NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT CITY OF MIAMI HEARING BOARDS PLANS REVIEW eaepmans '� 021 kli44 Donna •note 'ate 7 Manning '/ 57/s ay. Sprouse ...es not Imply approval June 20, 2018 46 JUN 20ZD18 CITY INNOVATION DISTRICT Magic City Innovation District Conceptual Phasing Plan Parcel 2013 2020 2021 2022 2023 2024 2025 2026 2027 2023 2029 2030 2031 2032 2033 2034 1 2 Begin Co ruction Consbucten Completion Begin Colrstructian _ Construction Completion _ 3 Begin Construction 4 Begin Construction „"__0:l Construction Completion 5 Begin Construction Construction Completion 6 Begin Construction Construction Completion v Begin Construction Construction Completion 8 Begin Construction End Construction 9 Begin Construction Construction In Progress Construction Completion 10 Begin Construction Construction In Progl Construction Completion 11 Begin Construction Construction In Progress: Construction Completion 12 Begin Construction Construction Completion 13 Begin Ccnstmctron Construction In Progress Construction Completion 14 Begin Construction Construction Completion 15 Begin Construction 16 n Construction Completion 17 Begin Construction MAGIC CITY INNOVATION DISTRICT SAP - CONCEPTUAL PHASING PLAN NOTE: PROPOSED CONCEPTUAL PHASING PLAN ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT I Begin Construction 'Construction In Progress Construction Completion CITY OF MIAMI HEARING BOARDS PLANS EVIEW H„mc Hoards Grr _Date C% Q VIA1,,f Br: trio June 20, 2018 47 INNOVATION DISTRICT CITY OF MIAMI HEARING BOARDS Bards I De , Mrs wo. -Date PLANAIREVIE:4v An. • pets_16,14.1.Lql- / • nets „we does nol imarly approval DISPOSITION SCHEDULE ,,,.. CODE BOIAXILAMWE COM*. DM REI 91.W 0" C 0"''' M w In sr Far 0 ow Ca.* L.O. re as a, Eir. 0 oar Own= Male un Da, ere au e.a• F.a, 0 '''' lin OaF 2s. 46 so' Far 0".... 0 ma ow** on Mr 35' 9F rtele 0 0Ia ........ . . SP P. 0"mo*. L.O. 20. . OP - Re.. 0 me Oasm• . . . FM Pen. 0 017 *a 16 90' 4, IC. 0 p.,. ....ma .... was S...ens Carberes.„ . r r ar. (s) ma useaerossme rewess e is Is ser sass. r . Is we 0 ran aesesesissames. ... 0 rra L.......... L...}.. E on 0 OM Oa*. 0 026 0....... 0 OM 0........ Oak 0"....„ 0"ws Wang U.0. F. 0 e sa so 0 LAI Mallp.a.. MAGIC CITY INNOVATION DISTRICT SAP - TREE DISPOSITION SCHEDULE 0 1140 au.R1Iniene zr ar sr pea Es. 0"m sr sr se 0 osa Ousassme Las ar ar . saar 0 . Osms.Wre r in. ir Ass (s) NI 0a.rghlere r Is ir 0"enassrpriene 0 O69 0...1101.. In 0 OM Ouneus.01.. uw. r le lo. 0 oss suen.fflassra Ise. r 1r ler No s maws sr sr ay name 0 ore rams Sarad re es sr sr sass Gom Fa* Sind Fln If 36 50' . oa. sm... ca e sr no' on Aserssman rasa., as Is . . 070 A** Ch*Faan Er IP IP Fab 07S Moniam. Ca*, 0' 16 I0' F. 0 on mom uron or or or F. 0 WO Lowasna b. Ma E 0 OM L.......... *a E 0 009 Renee avecale IF 25. IP 035 **11111 Cales1.. fr 20' IP gem se -3' am ....... ...P.. r zr 1r UM Fa** *Ea. r m IT Rema. or roornonnotto sown, r or or 0 or mom, or or or in.. on otronnomon r . lo- gem sa A.... 0 l' 6..., NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS 0 . ......_ 1,. . . ., . f; 11. 9...o.431 •Cr 4V OP Fab rTh 117 MM. 1.0...... SW IF 100 go. Re ,Th ':) 11. Plnus Yi. „es. le sr sr ea 0 ' es... sr sr or vase sr. , 9'0 or „am. slressise le. . ar ran Fah/ma ial sarssaa. sass. 1r so- sr o. Femme 0 Iss rusms.s. sr ss . . ..te 0 I. sassumns se as sr 0 *e.gl ram sz, sr se . 0 iss se. is. ss as s. '67, iss s.s. le sr as 0"..S. InvIss ,s,„a ‘':10 me r.sek ar sr As . ...ma us.. „ sr ao• sea 0 ''s 0 „s sums . e zr sr sea '0,_)june 20, 2018 48 CITY INNOVATION DISTRICT CITY OF MIAMI HEARING BOARDS P=VIEW BOMB PYM MOS 3.530 wOMn:o 0 176 ralumookana r 23- 20 Pair 0 1, t.,........... OM. E VIP 6.1... mei .r.rrto r rr 20- F. • e1713 51•Moquirrama. MM. a 0 Tree . 5' 9 0 133 MT...ma 243 30- 36 n,. e1. ariairMandemaTia . E co) 191 Maasarmiaro Lorna 0 194 Ficuerniama Manio.F. larr 46 air Far 2. 0 '" T''n'r'"'''''' Trn .• ... 1, F,, me -.i- 1. iminaOsaram 14.04.1.0 83 300 IT For re 0 2° '''' Tra• ir tr .• 0 . Quarmarainim MOM 313 30 93 Oar 0 0.66.31.no IT 46- 50- Far .... eTorniMao.35 -Moir.. 1r . ME . - C3 - 0 ....2. 0 - '---- lo 0.0., st, 2. ,.......2000 6.5.1.15 r rs 15 Perm 0 314 imindarapro ErnrealM5. 1r 35 40- F. Pm. 0 213 Ormarpirm IT IT 10- ra. ... (3) . ....a.m. ar.o. as. as .. .. ..... 0 21. Emarmana 1.0alr o 0 Zda Oromotini. MO. r 30- 20- Fair or -C. 229 xe999.99.e....99,.• nleldeuca E .999vo 333 36 0. aas narosiu r,,,, '••••• . ........• 14.1111.... . 4131- 16- MAGIC CITY INNOVATION DISTRICT SAP - TREE DISPOSITION SCHEDULE Mora 0 innirearaMa T.,.....1 303 as ar MO .‘,. 7,49. . 10......9111919 Mair•Parin r IF 1. pme 99, Zfiar 4. 563.1...5ana MairMa. 33 15 IT spot 4.. 0 MairMana Mask 25 36 . ra. 0 339 MM. 0 Tnra 4r IF 10' n 7444 40 2313 Tormaarntam implarrnane 133 315 zar Far .., 0 55 1.443.0. . 0 30.4 MOM -4( ilraminFOn 0 1.............. ..... r pm n 0 171 i Map MOM. 2033 33' . pop Mo. 0.MP. 3T 16 40. c. 274 rm.. wa. .. .., . 0 ana Maaania.re r 15- 10' ... re ..... 0 271 Own. ...19.9 . ar 95- (35 Ma. ce.) 3. Ormin.lano MO. ar 36- 43 F. 0 0"ciMa 530 Morkawirra 353 35 46- F. Vonleartg 36 35 Fa3 0".8.9inian r 393 316 Falr R. 0 aro Ma* MM.. r 25- 53' Far NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS 1r 0 533 136 5.13Mano• puma kirmara 1 1- 1•9 0 OrromvirMan• 313 Ourrecorphlana kmallaMpo Tr..335051 Carragenalmtle 0 301 0 13. 0 Fro 0 querosibpin.a 0 0 0 0 0 0 0 roe EALMT.E6 CODE 5030165.110313 C09.11010.1E CC0331505 3171.6.4 10 11 13 19 35 17 1r Ma 643 35 31 brvviA7 'June 20, 2018 49 11AQIC CITY INNOVATION DISTRICT NE 62st 14e 62s1 • NE 60st — !it WWWWWWWWWW MAGIC CITY INNOVATION DISTRICT SAP - TREE DISPOSITION PLAN reetaxemauukekomsztarke weTweY• • • • • • • NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS PLAts_16.K.:,;,a 6 Hearing e.e. (-t- c(2.( (ig" works - 0a/e 9/4 g - Pknning • PROPOSED BUILDINGS EXISTING BUILDINGS RAILWAY PLATFORM PARALLEL PARKING PROPERTY LINE o (26) TREES TO REMAIN IN PLACE o .(82) TREES TO BE RELOCATED 0' 60100120' 180200' June 20, 2018 50 1'1AQK CITY INNOVATION DISTRICT 11 NE 62st NE 60st rill • 1, MAGIC CITY INNOVATION DISTRICT SAP - TREE MITIGATION PLAN MEM NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS r Peeee works • Date /ulr! er ne na appro. 1 PROPOSED BUILDINGS EXISTING BUILDINGS RAILWAY PLATFORM 1 PARALLEL PARKING PROPERTY LINE OO (26) TREES TO REMAIN IN PLACE ..... (82) TREES TO BE RELOCATED 60' 100'120' 180'200' - June 20, 2018 51 f1AGICICITY INNOVATION DISTRICT MITIGATION CHAPTER 17.6.1.1 TREE REPLACEMENT CHART Total diameter of tree(s) to be removed (sum of inches at DBH) Total number of replacement trees required (2" DBH minimum each: 12' minimum height) OR Total number of replacement trees required (4" DBH minimum each: 16' minimum height) 1 or 0 2 or 1 7"-12" 4 or 2 13"-18" 6 or 3 19"-24" 8 or 4 25"-30" 10 or 5 31"-36" 12 or 6 37"-42" 14 or 7 43"-48" 16 or 8 TREE REPLACEMENT CALCULATIONS 1500"/60"= 25 Total diameter of tree(s) to be removed (sum of inches at DBH) 49"-60"; 25 TIMES Total number of replacement trees required (2" DBH minimum each: 12' minimum height) OR or Total number of replacement trees required (4" DBH minimum each: 16' minimum height) CHAPTER 17.6.2.1 TREE SPECIES DIVERSITY CHART REQUIRED NUMBER OF TREES REQUIRED MINIMUM NUMBER OF SPECIES 11-20 2 21-50 4 TREE MITIGATION: 500 211 DBH TREES OR 250 4" DBH TREES OR 125 8" DBH TREES OR $500,000.00 TREE TRUST FUND CONTRIBUTION MAGIC CITY INNOVATION DISTRICT SAP - TREE MITIGATION CALCULATIONS NOTE: ILLUSTRATIVE CONCEPT ONLY: SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS CITY OF MIAMI HEARING BOARDS PLANS EVIEW Homing= � . Gs • Dats_Do!, z11 r�More above doen not Imply Oannial June 20, 2018 52 MINK CITY INNOVATION DISTRICT TREES/PALM SIMPSONS TOPPER SHRUBS GROUNDCOVERS MAGIC CITY INNOVATION DISTRICT SAP - SITE VEGETATION PALETTE NOTE: ILLUSTRATIVE EXAMPLES ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS CITY OF MIAMI HEARING BOARDS PLANS REVIEW work. e �14 Planning" -Pale 6 3.///✓ $1 A-7 s 'mw..Dual t-Xlit/17 June 20, 2018 53 CITY INNOVATION DISTRICT TREES/PALMS SHRUB/GROUNDCOVERS MAGIC CITY INNOVATION DISTRICT SAP - STREETSCAPE VEGETATION PALETTE I:i117a1■MILT NOTE: ILLUSTRATIVE EXAMPLES ONLY; SUBJECT TO REQUIRED DEPARTMENTALAPPROVALS CITY OF MIAMI HEARING BOARDS PLANS yEVIEW Aerinq BOAS Pones works Dane qp- \ :K.' / (1.71,\ BABY R B:IR PLANT b/tAA---') June 20, 2018 54 CITY INNOVATION DISTRICT MARCHE DUPUIS CAMPUS ZONE NE 2ND AVE 1/16" =1'-0" MAGIC CITY INNOVATION DISTRICT SAP - STREET SECTION CITY OF MIAMI HEARING BOARDS PLANS REVIEW Hearing are({f_. 40" II� .,o k// 'a LES BUREAUX CAMPUSZONE 10'4PSETBACK 1 10'4' 10,0' not' bOUREP CLBt MMINWWM)VNE tll LANE 7P41' NE 3RD AVENUE B0'O' ROW Vt NE 3RD AVE 1/16" =1'-0" NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS LES RESIDENCES 1D'-0'SETBACK CAMPUSZONE Draft dated March 26, 2018 55 1'1AQIC CITY INNOVATION DISTRICT 3'-0' WPI( 3E-0' 4'-0' 1U-0' 10'-0' AIX EUUn6WIOLAne nLwIHWJUNULAMc LANE NE 3RD AVENUE 60'-0° ROW LANE /1 mx LES RESIDENCES 10'-0BETBACK , CAMPUS ZONE NE 3RD AVE PROMENADE 1/16" = 1'-0" MAGIC CITY INNOVATION DISTRICT SAP - STREET SECTION CITY OF MIAMI HEARING BOARDS PLANS, REVIEW Hewing Boama _....Luau CAW IL Planning Matei /A(//d Br a/!lad 5 mpry eppaal LESAIEUERS CAMPUS ZONE D-0'SETBACK 6'0 OIL®BA VILE 12'-0" nuunu um 12'-0' NE4THAVE 704P ROW NU 51.11. 10-0' c&(dreteLww 15-0'SETBACK LES ATELIERS CAMPUS ZONE 354 35'-0' NE 4TH AVE PROMENADE 1/16" =1-0" NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS Draft dated March 26, 2018 56 LESATELIERS CAMPUS ZONE. 15-0'SETBACK NE 4TH AVE 1/16" = V-0" CITY INNOVATION DISTRICT SIL'EWNM .at UNE UNE st- 10-0" inrmutrw 35-0' NE/THAVE TO-0'ROW 0-0 5arc ' sixawu¢nw' LANE 35-0' u-0 MAGIC CITY INNOVATION DISTRICT SAP - STREET SECTION LES ATELIERS 1N' SETBACK, CAMPUS ZONE CITY OF MIAMI HEARING BOARDS PLAN�SI(.��pEVIEW/ X Public waits • Dm is— mnlna "m (1,60 R Plan., ear 5-0' e-IT SHAM, 06' NE62 ST55-0'ROW LANE ZEI IS RESIDENCES 15-0'SETBACK CAMPUS ZONE NE 62ND ST 1/16" =1' 0" NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS Draft dated March 26, 2018 57 I N N OVATION LES RESIDENCES CAMPUS ZONE 10-0'SETBACK 3'-0"10-0" 10-0" 4',0' 6' ' W I YtSIWUNULWL EASI&LXULAL ' HIKE 'P AIM, NE 61ST ST 1/16" =1'-0" NE 61 ST50-0'ROW LME 25'C" 36' 5If vtficesuum MAGIC CITY INNOVATION DISTRICT SAP - STREET SECTION 10-0'SETBACK LES RESIDENCES CAMPUS ZONE LES RESIDENCES CAMPUS ZONE • 1547SETBACK 5-0' k 3',6' 14'-0" 10'-0' 104Y 51ULWNN axe ft1111.1UNIMAIlk' WIegOWE PP I, UNE NE60 ST50'-0'ROW Vt MEWL( 10'-0' SETBACK ES RESIDENCES CAMPUS ZONE CITY OF MIAMI HEARING HOARDS PLANS,BGVI`W Hearing Pudic BOO. Denll�L�ljj ...ale. n GPv!il4 By: rim 01. /. /414i NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS Draft dated March 26, 2018 58 MINK CITY INNOVATION DISTRICT DUPUIS BUILDING LES BUREAUX CAMPUS ZONE RETAIL/DINING/KIOSKS PROMENADE DU GRAND BOIS PATHWAY PROMENADE DU GRAND BOIS I IN' HOTELIOFFICE PLAZA PROMENADE DU GRAND BOISPATHWAY MAGIC CITY INNOVATION DISTRICT SAP - PROMENADE DU GRAND BOIS SECTION PROMENADE DU GRAND BOIS 11T6' RETAIIIDININGIKIOSKS HOTEUOFFICE PLAZA MARCHE DUPUIS CAMPUS ZONE i LES BUREAUX CAMPUS ZONE LE MARCHE DUPUIS 1/16". 1'-0" CITY OF MIAMI NEARING BOARDS PLANS EVIEW oauG hlli�_ LES BUREAUX 1/16" =1'-0" NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS Draft dated March 26, 2018 59 INNOVATION DISTRICT LES RESIDENC CAMPUS ZONE RESIDENTIAL DOG PARWPtAY GROUNDIFITNESS RECREATION AREAS LES ATELIERS CAMPUS ZONE ffl� PROMENADE DU GRAND BOIS PATHWAY PROMENADE DU GRAND BOIS 16O.M RETAIL PLAZAJDININGIKIOSKS PROMENADE DU GRAND BOIS PATH PROMENADE DU GRAND BOIS 73'-6' Y RETAIL PLDZAIDINING.GOSKS RESIDENTIAL DOG PARKIPLAYGROUND/FITNESS RECREATION AREAS LES ATELIERS CAMPUS ZONE MAGIC CITY INNOVATION DISTRICT SAP - PROMENADE DU GRAND BOIS SECTION _ES RESIDENCES . CAMPUSZONE LES RESIDENCES 1/16" =1'-0" CITY OF MIAMI HEARING BOARDS PLANS EVIEW Fletad. Bow. Zonev ing (,(1 /a(qA ar: LES ATELIERS 1/16" =1'-0" NOTE: ILLUSTRATIVE CONCEPT ONLY; SUBJECT TO REQUIRED DEPARTMENTAL APPROVALS Draft dated March 26, 2018 60 RE 1 ' 1 NE 2ND AVE ' PE TIVE CITY OF MIAMI HEARING BOARDS PLAN& REVIEW RENDERING - NE 3RD AVE PERSPECTIVE une 26, 201d 62 CITY OF MIAMI HEA.%IN3 BOARDS PLANS REVIEW I NNOVAeTlO�y S1 �RICT La, rov ROERIN E 2ND AVE PER PE IVE HT VIEW une 63 EXHIBIT D Miami 21— Adopted and In Effect as of January 2018 See attached. MIAMI 21 CODE Volume I January 2018 Volume I is amended as of January 31, 2018 MIAMI 21 AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 AS ADOPTED - JANUARY 2018 Amendments to Miami 21 ORDINANCE DATE ADOPTED LOCATION DESCRIPTION LEGISLLATIVE ID 13165 04-22-2010 Article 4, Table 3 Marine Related and Childcare Uses in CS Transect 10-00285zt 13164 04-22-2010 Article 4, Table 3 Alcohol Uses by Exception 10-00287zt 13159 04-22-2010 Article 7, Section 7.1.1.4 Requirements for PZAB members 10-00290zt 13166 04-22-2010 Article 3, Section 3.5.2 Measurement of Height (T6-36 and above) 10-00291zt-b 13173 05-13-2010 Article 3, Section 3.5.2 D1 height and mezzanine 10-00374zt 13176 05-13-2010 Article 4, Table 2, Table 3 and Table 4; Article 5, Illustration 5.9; Ar- ticle 6, Table 13 D1 Density 10-00361zt 13177 05-23-2010 Article 1, Section 1.4; Article 3, Section 3.6.10, Section 3.13.2; Article 6, Table 13; Article 9 "Green" ordinance carried into Miami 21 10-00519 13235 11-18-2010 Article 1, Section 1.1.d, Section 1.2; Article 2, Section 2.1.3; Article 3, Section 3.3.6, Section 3.4.1, Section 3.6.1, Section 3.11; Article 4, Table 2, Table 3, Table 4; Article 5, Section 5.3.2, Section 5.3.6, Illustration 5.3, Section 5.4.5, Section 5.4.6, Section 5.5.5, Section 5.6.2, Section 5.6.5; Article 6, Table 13; Ar- ticle 7, Section 7.1.2.4, Section 7.1.2.6, Sec- tion 7.1.3.4, Section 7.1.4.5, Section 7.2.2; Article 8, Section 8.1; Article 9, Section 9.5.5; Appendix A, Section 2.4, Section 3.6; Ap- pendix B, Bulkheads and Seawalls; Appen- dix C Minor and non -substantial modifications throughout the Code 10-00956zt MIAMI 21 AS ADOPTED - JANUARY 2018 Amendments to Miami 21 ORDINANCE DATE ADOPTED LOCATION DESCRIPTION LEGISLLATIVE ID 13238 12-16-2010 Article 4, Table 4 and Table 5; Article 5, Section 5.3.1, Section 5.3.2, Section 5.4.1, Section 5.4.2; Article 6, Section 6.1, Table 13; Article 7, Section 7.1.2.5 Requirements for sheds and other struc- tures; loading berth substitutions; require - ments for child care facilities; require- ments for public and commercial storage facilities;distance separation requirements forALF's; distance separation require- ments for uses and structures 10-00963zt 13239 12-16-2010 Article 1, Section 1.2; Article 4, Table 4 Parking ratios for Educational facilities 10-00964zt 13240 12-16-2010 Article 5, Section 5.5.1, Section 5.6.1; Article 7, Section 7.1.2.5 Modification of door spacing requirements and removal of public easement require - ments 10-00968zt 13241 12-16-2010 Article 1, Section 1.2; Article 6, Section 6.3.1 Required process for large-scale commer- cial establishments 10-00969zt 13242 12-16-2010 Article 5, Section 5.4.2, Section 5.5.2, Section 5.6.2 Establish limits and procedures for exten- sions above maximum height for stairs, elevators, mechanical equip., etc. 10-00970zt 13243 12-16-2010 Article 6, Section 6.5.1.5, Section 6.5.2.5, Section 6.5.3 Requirements and limitations for free- standing signs, painted wall signs, estab- fished regulations for CI -HD and D3 10-00971zt 13251 01-27-2011 Article 1, Section 1.2; Article 7, Section 7.1.7 (new) To add procedures for Unity of Title 10-01335zt 13254 02-24-2011 Article 5, Section 5.4.2, Illustration 5.4 Modify story height for T4 Transect to 40 feet max 10-01454zt 13259 03-24-2011 Article 5, Section 5.3.2, Section 5.4.2, Section 5.7.1.4, Section 5.8.2 Regulations for fences and walls in certain Transects 10-01461zt 13260 03-24-2011 Article 6, Table 13 Adding an exception process for exten- sions of docks or piers 11-00018zt 13265 05-12-2011 Article 1, Section 1.2; Article 3, Section 3.13.1, Section 3.15 (new); Article 7, Sec- tion 7.1.1.5; Section 7.1.2.8 Incentives for construction of Affordable Housing 11-00022zt 13269 05-26-2011 Article 7, Section 7.2.3 Modification to non -conformities 11-00151zt 13271 05-26-2011 Article 3, Section 3.13.1 Modification to Sustainability requirements and process 11-00195zt 13282 07-28-2011 Article 6, Table 13 Modification to drive-in and drive through regulations in T4 11-00584zt 13281 07-28-2011 Article 1, Section 1.1; Article 4, Table 3; Ar- ticle 6, Table 13; Article 6, Section 6.5 Regional Activity Complex permissibility and sign regulations for same 11-00588zt MIAMI 21 AS ADOPTED - JANUARY 2018 Amendments to Miami 21 ORDINANCE DATE ADOPTED LOCATION DESCRIPTION LEGISLLATIVE ID 13290 10-27-2011 Article 4, Table 2, Table 4, Table 6, Table 7, Table 12, Diagram 9 Minor modifications to Article 4 11-00585zt 13307 01-26-2012 Article 4, Table 4; Article 6, Table 13, Section 6.3.1 Public Storage Facilities modifications 11-00875zt 13314 02-23-2012 Article 3, Section 3.3.5; Article 5, Section 5.5.1, Section 5.6.1, Section 5.8.1 Added "Structures other than signs" to dominant setback waivers 11-00791zt 13326 06-28-2012 Article 5, Section 5.6.4 Additional flexibility for parking garages 12-00563zt 13334 07-26-2017 Appendix F Special Area Plan for Design District 11-01196ap 13359 01-10-2013 Article 3, Section 3.3.1, Section 3.6.1 Accessory Parking 12-00942zt 13358 01-10-2013 Article 1, Section 1.2; Article 3, Section 3.6.3 Added watercraft stationing regulations 11-00806zt 13354 01-10-2013 Article 3, Section 3.3.6 Tigertail Setback Area 12-01180zt 13362 02-28-2013 Article 7, Section 7.1.2.8 Atlas amendment dates 12-01296zt 13373 03-28-2013 Article 3, Section 3.15.3 Affordable Housing Setback Requirement Waiver 13-00002zt 13406 09-26-2013 Chapter 13 Update Residential Density Increase Area map 13-00763zt 13452 04-24-2014 Article 3, Section 3.14.4.b.(1), Section 3.14.4.b.(3) Article 4, Table 7 Amend Public Benefts for Park Improve- ments 13-01088zt 13425 12-12-2013 Article 5, Section 5.6.2. Text Amendment to T6-12 13-01089zt 13436 02-27-2014 Article 3, Section 3.15.1 Affordable Housing Amendment 13-01348zt 13465 05-22-2014 Article 3, Section 3.15.1, Section 3.15.2, Section 3.15.3 Affordable Housing Amendment 14-00109zt 13464 05-22-2014 Article 1, Section 1.3; Article 4, Table 12; Article 6, Deletion of Section 6.5.1, Section 6.5.2, Section 6.5.3; Article 7, Section 7.1.2.9, Section 7.2.9; addition of Article 10 Sign Regulations Amendment 12-00941zt1 13485 09-29-2014 Article 1, Section 1.1; Article 6, Section 6.6.1, Table 13 Regional Activity Complex Amendment 14-00664zt MIAMI 21 AS ADOPTED - JANUARY 2018 Amendments to Miami 21 ORDINANCE DATE ADOPTED LOCATION DESCRIPTION LEGISLLATIVE ID 13494 01-22-2015 Article 3, Section 3.13.1, Article 6, Table 13; Appendix A, A-3. Amended Articles 3 and 6 to allow sub- stitution of "and" for "or"; and amended Apendix A to clarify Setback requirements for Single Family Lots 14-01074zt 13499 02-26-2015 Article 7, Section 7.1.1.4(d)(4) Amended voting requirements 14-00515zt 13501 02-26-2015 Article 1, Section 1.2 Amended Animal Clinic definition 14-01216zt 13507 03-12-2015 Article 3, Section 3.14.1; Article 4, Table 2; Article 5, Illustration 5.6; Article 7, Section 7.1.2.8 Established T6-24b Transect Zone 14-01198zt 13516 03-26-2015 Article 5, Section 5.6.2(c) Modification of Balcony and Facade en- croachment allowances 14-01215zt 13114 09-24-2015 Article 1, Section 1.2; Article 3, Section 3.3.6 Added definition of Extensive Green Roof, Intensive Green Roof, Legacy Structure, Paseo, and Neighborhood Revitalization District (NRD). Updated definitions of Open Space, Pedestrian Passage, and Roof Terrace. 15-00678zt 13114 09-24-2015 Article 3, Section 3.12.3 Modification of Article 3.12 to include 3.12.3 Neighborhood Revitalization District (NRD) 15-00678zt1 13541 07-23-2015 Article 1, Section 1.3; Article 6, Section 6.1, Section 6.5 Deleting, Striking, and Repealing Media Tower Language 15-00778zt 13561 09-24-2015 Appendix J Creation of Neighborhood Revitalization District (NRD-1) and Appendix 15-00678zt2 13566 09-24-2015 Article 7, Section 7.2.6 Amend Time Extensions for Nonconform- ing Uses 14-01304zt1 13565 10-22-2015 Article 1, Section 1.2; Article 4, Table 4 Amend Transit Corridor Definition and Standards for Parking Reductions 14-01076zt1 13570 10-22-2015 Special Area Plan for Miami River 15-00624ap 13577 11-19-2015 Article 7, Section 7.7.2 Modification of Adaptive Use Parking Requirements 14-01075zt 13594 01-28-2016 Article 7, Section 7.1.1.5, and 7.1.5 Updates PZAB to Hear Appeals of CU Revocation 15-01249zt 13596 02-25-2016 Article 3, Section 3.3.6(g) Article 3 Section 3.3.6(g)1 an existing Established Setback Area to include an established Side Setback for the entire Height of a building. 15-01496zt 13603 04-28-2016 Appendix F including Exhibit C, D and E Removal of specific parcels in the Miami Design District Retail Street SAP. 11-01196ap3 MIAMI 21 AS ADOPTED - JANUARY 2018 Amendments to Miami 21 ORDINANCE DATE ADOPTED LOCATION DESCRIPTION LEGISLLATIVE ID 13636 09-22-2016 Article 3, Section 3.3.1 Density transfer across transect boundaries. 16-00659zt 13641 10-13-2016 Article 1, Section 1.1; Article 6, Table 13 Creation of concrete batching supplemental regulations. 1058 13642 10-27-2016 Appendix J: NRD-1 Appendix J amendments and reformatting. 1127 13665 10-27-2016 Article 1, Section 1.2; Article 3, Section 3.15 Attainable Mixed Income Housing definition and supplemental regulations. 1177 13653 12-08-2016 Article 1, Section 1.2; Article 6, Section 6.3 Microbrewery definition and supplemental regulations. 1231 13656 01-12-2017 Article 1, Section 1.5; Article 3, Section 3.16; Article 11 Art in Public Places definitions, requirements and administration. 1222 13669 03-09-2017 Article 5, Section 5.6.1(g) T6 building disposition setback requirements. 1690 13672 03-23-2017 Article 1, Section 1.2; Article 3, Section 3.16 Attainable Workforce Housing definition requirements and application eligibility pre -requisites. 1677 13673 03-23-2017 Article 1, Section 1.2; Article 6, Table 13 Crew Quarters definition and supplemental regulations. 1233 13674 03-23-2017 Article 6, Table 13 Public storage facility regulations for T5 - Urban Center Zone and T6 - Urban Core Zone. 1131 13690 06-22-2017 Article 7, Section 7.1.2.8(c) Joining of persons with entities when submitting applications for rezoning. 2192 13695 07-13-2017 Article 4, Table 4; Article 5, Section 5.7 Civic Space Transect Zones conforming to master plans. 2289 13728 12-14-2017 Article 5, Section 5.5.4; Article 7, Section 7.1.2.5 Parking standards and placement for frontages and underground parking. 3003 13729 12-14-2017 Article 1, Section 1.2; Article 4, Table 4; Article 6, Table 13 Micro dwelling units definitions, and residential density intensity and parking requirements. 3108 13721 12-14-2017 Special Area Plan for Miami Jewish Health Systems. 2843 13743 01-25-2018 Article 4, Table 3; Article 6, Table 13 Alcohol Service Establishment, Food Service Establishment, and supplemental regulations. 1972 MIAMI 21 AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS PREAMBLE ARTICLE 1. DEFINITIONS OF TERMS AND USES 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) 1.2 DEFINITIONS OF TERMS 1.3 DEFINITIONS OF SIGNS 1.4 DEFINITIONS OF LANDSCAPE REQUIREMENTS 1.5 DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM ARTICLE 2. GENERAL PROVISIONS 2.A MIAMI 21 ATLAS 2.1 PURPOSE AND INTENT 2.2 APPLICABILITY ARTICLE 3. GENERAL TO ZONES 3.1 TRANSECT ZONES 3.2 PHASING 3.3 LOTS AND FRONTAGES 3.4 DENSITY AND INTENSITY CALCULATIONS 3.5 MEASUREMENT OF HEIGHT 3.6 OFF-STREET PARKING AND LOADING STANDARDS 3.7 FENCES AND WALLS 3.8 THOROUGHFARES 3.9 SPECIAL AREA PLANS 3.10 HISTORIC PRESERVATION STANDARDS 3.11 WATERFRONT STANDARDS 3.12 DESIGN GUIDELINES AND NEIGHBORHOOD CONSERVATION DISTRICTS 3.13 SUSTAINABILITY 3.14 PUBLIC BENEFITS PROGRAM 3.15 AFFORDABLEANDATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 3.16 PUBLIC ART REQUIREMENTS 3.16 WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS ARTICLE 4. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS 1 MIAMI 21 AS ADOPTED - JANUARY 2018 TABLE 2 MIAMI 21 SUMMARY TABLE 3 BUILDING FUNCTION: USES TABLE 4 DENSITY, INTENSITY AND PARKING TABLE 5 BUILDING FUNCTION: PARKING AND LOADING TABLE 6 FRONTAGES TABLE 7 CIVIC SPACE TYPES TABLE 8 DEFINITIONS ILLUSTRATED DIAGRAM 9 RESIDENTIAL DESNTIY INCREASE AREAS DIAGRAM 10 AREA SPECIFIC ILLUSTRATION DIAGRAM 11 TRANSIT ORIENTED DEVELOPMENT - TOD TABLE 12 DESIGN REVIEW CRITERIA ARTICLE 5. SPECIFIC TO ZONES 5.1 GENERALLY 5.2 NATURAL TRANSECT ZONES (T1) AND RURAL TRANSECT ZONES (T2) 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.4 GENERAL URBAN TRANSECT ZONES (T4) 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.6 URBAN CORE TRANSECT ZONES (T6) 5.7 CIVIC SPACE ZONES (CS) AND CIVIC INSTITUTION ZONES (CI) 5.9 DISTRICT ZONES (D1 and D2) 5.10 WATERFRONT INDUSTRIAL DISTRICT ZONES (D3) ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.1 INTENT AND EXCLUSIONS TABLE 13 SUPPLEMENTAL REGULATIONS 6.2 COMMUNITY RESIDENCES AND SIMILAR HOMES/FACILITIES 6.3 COMMERCIAL USES 6.4 INFRASTRUCTURE AND UTILITIES 6.5 INDUSTRIAL ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 8. THOROUGHFARES 8.1 GENERAL DESCRIPTION 8.2 ILLUSTRATION: THE THOROUGHFARE ACROSS THE TRANSECT 8.3 PUBLIC FRONTAGES 8.4 ILLUSTRATION: SIDEWALKS ARTICLE 9. LANDSCAPE REQUIREMENTS 9.1 INTENT AND PURPOSE 9.2 SHORT TITLE AND APPLICABILITY 9.3 PLANS REQUIRED 9.4 TREE REMOVAL AND PRESERVATION 9.5 MINIMUM STANDARDS 9.6 PLANT QUALITY 9.7 BUFFERS BETWEEN DISSIMILAR LAND USES 9.8 LANDSCAPED AREAS IN PARKING LOTS 9.9 STORMWATER RETENTION/DETENTION AREAS 9.10 LANDSCAPE PLAN REVIEW CRITERIA 9.11 PREPARER'S CERTIFICATION OF LANDSCAPE COMPLIANCE AT TIME OF FINAL INSPECTION 9.12 LANDSCAPE ADJUSTMENT 9.13 LANDSCAPE MAINTENANCE 9.14 PROHIBITIONS 9.15 ENFORCEMENT ARTICLE 10. SIGN REGULATIONS 10.1 GENERAL 10.2 SIGN DESIGN STANDARDS TABLE 15 SPECIFIC SIGN DESIGN STANDARDS 10.3 SUPPLEMENTAL SIGN REGULATIONS ARTICLE 11. ART IN PUBLIC PLACES PROGRAM 11.1 ADMINISTRATION OF THE PROGRAM 11.2 REFERENCES 11.3 PUBLIC ART MASTER PLAN AND PUBLIC ART PROGRAM GUIDELINES 11.4 APPLICABILITY 11.5 RESERVED 11.6 RESERVED 11.7 GOVERNMENT DEVELOPMENT PROJECTS - PUBLIC ART REQUIREMENTS 3 MIAMI 21 AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 AS ADOPTED - JANUARY 2018 PREAMBLE HOW TO USE THE MIAMI 21 CODE The following information explains how the Miami 21 Code ("Miami 21 Code" or "the Code") is organized and may best be used. This "how to" information is advisory only, and is not part of the Code adopted by the City Commission. Organization The Miami 21 Code establishes standards and procedures for new development or redevelopment in the City. It also adopts the Miami 21 Atlas, which acts as the official Zoning Atlas of the City and is filed in the City Clerk's office. The Miami 21 Atlas designates a Transect Zone for all lands within the City. The Code is organized such that the parts interrelate and often must be reviewed together. The list of Articles and sections in the Table of Contents shows the main topics and overall organization of the Code. Article 1. Definitions of Terms and Uses defines key terms in the Code in three sections: definitions of build- ing function uses, definitions of terms and definitions of signs. Article 2. General Provisions contains information on the legal framework of the Code, including its intent and purpose and the Miami 21 Transect principles for settlement patterns that guide the Code. It also contains information on the applicability of the Code which specifies rules of construction, calculations, and Transect Zone boundaries. Article 3. General to Zones introduces the Transect Zones as the structure for requirements related to Density and Intensity, provides guidance for phasing, Lots and Frontages, Density Calculations, Height, off-street Park- ing and Loading, Sustainability, public Thoroughfares and Frontages, Special Area Plans, Historic Preservation, Waterfront Standards and the Public Benefits Program. Article 4. Standards & Tables illustrates the components of the Code such as Intensity and parking require- ments per Transect Zone. Article 4 Table 3 sets out the Uses allowed in the various Transect Zones, and the type of permit required for the Use, whether administrative (Warrant) or by public hearing (Exception). It also includes corresponding definitions, as well as descriptions of different Frontage types and Civic Space types by Transect Zone. Article 5. Specific to Zones establishes the Transect Zones and the regulations that apply within each Transect Zone. Uses and development standards for each Transect are specified including Building Disposition, Build- ing Configuration, Building Function and Density, parking and architectural, landscape and ambient standards. Diagrams and tables accompany the text in this Article. Article 6. Supplemental Regulations sets forth regulations that apply to specific Uses in addition to the general regulations and Transect regulations set forth in other Articles. These uses include, for example, Piers, docks, and boats; Home Office; Ancillary Units, Community Residences; Adult Daycare; Child Daycare; Auto -Related Uses; helicopter landing sites; Open Air Retail; and Adult Entertainment . Sign standards are also included here. 5 MIAMI 21 AS ADOPTED - JANUARY 2018 Article 7. Procedures and Nonconformities sets out the rules for applying the Code and addressing conflicts. This Article contains the regulations for the further development of Nonconforming Uses and structures — those existing Uses and structures that upon passage of the Code will not conform to the new regulations. It details the zoning processes by which Development and redevelopment will be permitted by the City, including administra- tive permits and permits requiring public hearings. It also establishes general criteria by which administrative permits and public hearing permits will be reviewed. Article 8. Thoroughfares sets forth guidelines and definitions for public Thoroughfares, as well as a catalogue of Thoroughfares appropriate to various Transect Zones. Article 9. Landscape Requirements establishes minimum landscape standards that enhance, improve and maintain the quality of the City's landscape. Instructions for Navigating the Articles To determine the regulations of the Code applicable to a site, one must consult both the Miami 21 Code and the Miami 21 Atlas. The Miami 21 Atlas designates the Transect Zones for all properties in the City. The Miami 21 Code sets forth the standards for each Transect Zone. The first step is to refer to the Miami 21 Atlas to find the location of the site. The Atlas will show the Transect Zone that is applied to the site. The Atlas can be found in the office of the City Clerk and the Planning Department. The second step is to refer to the Miami 21 Code for the relevant regulations associated with the Transect Zone for the site. Begin by referring to the general Transect Zone regulations set forth in Article 3. Next, use Article 4 to determine the building function uses and other requirements allowed by each Transect and determine whether the application is allowed By Right, by administrative review or by public hearing process. Article 5 will then determine the Building Disposition and Configuration of Structures on the property in each particular Transect Zone, as well as other standards such as architectural and environmental standards. Finally, consult the Supplemental Regulations in Article 6 for additional requirements which may be applicable to certain Uses. Determining which Procedures Apply In order to build or redevelop property, a City zoning approval is required. Article 7, Section 7.1, describes the various types of permits that may apply to the application and the process that will be required in order to obtain the particular permit. Consult the subsections in this Article that describe how an application is initiated, how an application is processed, the criteria for review, and what other parts of the Code apply. 6 MIAMI 21 ARTICLE 1. DEFINITIONS AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) 1.5 1.2 DEFINITIONS OF TERMS 1.12 1.3 DEFINITIONS OF SIGNS 1.37 1.4 DEFINITIONS OF LANDSCAPE REQUIREMENTS 1.42 1.5 DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM 1.47 MIAMI 21 ARTICLE 1. DEFINITIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 1.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Amendments to Article 1 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13177 05-23-2010 "Green" ordinance carried into Miami 21 10-00519 13235 11-18-2010 Minor and non -substantial modifications throughout the Code 10-00956zt 13239 12-16-2010 Parking ratios for Educational facilities 10-00964zt 13241 12-16-2010 Required process for large-scale commercial establishments 10-00969zt 13251 01-27-2011 To add procedures for Unity of Title 10-01335zt 13265 05-12-2011 Incentives for construction of Affordable Housing 11-00022zt 13281 07-28-2011 Regional Activity Complex permissibility and sign regulations for same 11-00588zt 13358 01-10-2013 Added watercraft stationing regulations 11-00806zt 13464 05-22-2014 Sign Regulations Amendment 12-00941zt1 13485 09-29-2014 Updated definition of Regional Activity Complex 14-00664zt 13501 02-26-2015 Updated definition of Animal Clinic 14-01216zt 13114 07-06-2015 Added definition of Extensive Green Roof, Intensive Green Roof, Legacy Structure, Paseo, and Neighborhood Revitalization District (NRD). Updated definitions of Open Space, Pedestrian Passage, and Roof Terrace. 15-00678zt 13541 07-23-2015 Deleting, Striking and Repealing Media Tower Language. 15-00778zt 13565 10-22-2015 Amend Transit Corridor Definition and Standards for Parking Reductions. 14-01076zt1 13641 10-13-2016 Creation of concrete batching supplemental regulations. 1058 13665 10-27-2016 Attainable Mixed Income Housing definition and supplemental regulations. 1177 13653 12-08-2016 Microbrewery definition and supplemental regulations. 1231 13656 01-12-2017 Art in Public Places definition. 1222 13672 03-23-2017 AttainableWorkforceHousingdefinitionrequirements and application eligibility pre -requisites. 1677 13673 03-23-2017 Crew Quarters definition and supplemental regulations. 1233 13729 12-14-2017 Micro dwelling units definitions, and residential density intensity and parking requirements. 3108 1.3 MIAMI 21 ARTICLE 1. DEFINITIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 1.4 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) a. RESIDENTIAL This category is intended to encompass land use functions predominantly of permanent housing. Single -Family Residence: Detached Building used as permanent residence by a single housekeeping unit. The term is general, applying to all detached house types. Also known as Principal Dwelling Unit. Community Residence: A "resident", for the purpose of a Community Residence, may include any persons as defined in the following statutes: • A disabled adult or frail elder as defined in section 429.65 (8) and (9), Florida Statutes • A physically disabled or handicapped person as defined in section 760.22(7), Florida Statutes • A developmentally disabled person as defined in section 393.063(9), Florida Statutes • A non -dangerous mentally ill person as defined in section 394.455(18), Florida Statutes; or • A child as defined in section 39.01(12), Florida Statutes (a) A Dwelling Unit of six or fewer residents that meet the definition in section 419.001, Florida Statutes for a "community residential home" of such size; or (b) A Dwelling Unit licensed to serve clients of the State Department of Children and Families, which provides a living environment for seven to fourteen unrelated residents who operate as the functional equivalent of family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents, as defined in section 419.001, Florida Statutes; or (c) An adult family -care home as defined in section 429.65, Florida Statutes, which provides a full-time, family -type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. See Article 6. Ancillary Unit: A Dwelling Unit sharing ownership and utility connections with a Principal Building and contained on the same Lot. An Ancillary Unit may be attached by a Backbuilding or detached from the Principal Building, and unit shall not count towards maximum Density calculations. Also known as an Accessory Unit or Ancillary Dwelling Unit. Two Family -Housing: Two (2) Dwelling Units sharing a detached Building, each Dwelling Unit of which provides a residence for a single housekeeping unit. Also known as a duplex. Multi -Family Housing: A Building or portion thereof, containing three or more Dwelling Units where each unit has direct access to the outside or to a common hall. A multifamily Structure where Dwelling Units are available for lease or rent for less than one month shall be considered Lodging. 1.5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Dormitory: A Building used principally for sleeping accommodations for students or staff related to an educational institution or place of employment. Home Office: A space within a Dwelling Unit devoted to a non -retail business activity belonging to the resident thereof that is clearly secondary in Use to the residence, that does not alter the exterior of the property or affect the residential character of the Neighborhood, and that meets all legal requirements of the business. See Article 6. Live -Work: A Dwelling Unit that contains a commercial or office component which is limited to a maxi- mum fifty percent (50%) of the Dwelling Unit area. See Article 6. Work -Live: A mixed -Use unit that contains a commercial, office or light industrial component. The work component exceeds fifty percent (50%) of the Dwelling Unit area. See Article 6. b. LODGING This category is intended to encompass land Use functions predominantly of sleeping accommodations occupied on a rental basis for limited periods of time. These are measured in terms of lodging units: a lodging unit is a furnished room of a minimum two hundred (200) square feet that includes sanitary facilities, and that may include limited kitchen facilities. Bed & Breakfast: A group of lodging units not to exceed ten (10) units that may provide services for dining, meeting and recreation. Inn: A group of lodging units not to exceed twenty-five (25) units that may provide services for dining, meeting and recreation. Hotel: A group of lodging units exceeding twenty-five (25) units that may provide services for dining, meeting and recreation. c. OFFICE This category is intended to encompass land Use functions predominantly related to business, profes- sions, service or government. Office: A Building or portion thereof used for conducting a business, profession, service, or government. Such facilities may include, but are not limited to, offices of attorneys, engineers, architects, physicians, dentists, accountants, financial institutions, real estate companies, insurance companies, financial plan- ners, or corporate offices, and exclude manufacturing activities. 1.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS d. COMMERCIAL This category is intended to encompass land Use functions of retail, service, entertainment or recreational establishments and supporting office. Auto -Related Commercial Establishment: A place of business serving auto -related needs including, but not limited to: car rental, car wash, gas station, mechanic offering minor repairs, retail sales such as auto parts, tire store, indoor car sales. Uses not included: major mechanical work; body work; painting; steam cleaning; welding; outdoor car sales; storage of automobiles not in operating condition; com- mercial parking Lot or commercial garage; or any work involving undue noise, glare, fumes or smoke, all of which are considered auto -related industrial activities. See Article 6. Entertainment Establishment: A place of business serving the amusement and recreational needs of the community. Such facilities may include, but not limited to: cinemas, billiard parlors, teen clubs, dance halls, or video arcades. Uses not included: Entertainment Establishment, adult. Entertainment Establishment, Adult; Adult entertainment, in general; adult entertainment ser- vices or adult entertainment services establishment (hereinafter referred to throughout the code as "Adult entertainment"): Any establishment which sells, rents, leases, trades, barters, operates on commission or fee, purveys, displays, or offers only to or for adults, products, goods of any nature, images, reproductions, activities, opportunities for experiences or encounters, moving or still pictures, entertainment, and/or amusement, distinguished by purpose and emphasis on matters depicting, describing, or relating by any means of communication, from one (1) person to another, to "Specified Sexual Activities" or "Specified Anatomical Areas" as herein defined in Section 1.2 of this Code. Such establishment may or may not be open or available to the public generally, but shall exclude any person under eighteen (18) years of age. It is the intent of this definition that determination as to whether or not a specific establishment or activity falls within the context of regulation hereunder shall be based upon the activity therein conducted or proposed to be conducted as set out above and in these regulations. Such establishment shall not depend upon the name or title of the establishment used or proposed, and it shall be irrespective of whether or not members of the public are invited to enter such establishment. Thus, the terms "adult bookstore," "adult massage parlor," "adult motion picture theater," "adult private dancing," and "adult escort service" are encompassed within this definition of "Adult entertainment", but the term "Adult entertainment" is not to be deemed limited by the enunciation of specific activities listed before. Adult entertainment establishments are allowed in D2 industrial, subject to the limitations set forth in Article 6, Table 13. Adult entertainment- Legislative Intent. As intended in previous zoning ordinances, most particularly, Zoning ordinances 11000 and 9500, this ordinance intends to regulate Adult entertainment as herein defined, to minimize deleterious effects on the neighborhood. These deleterious effects have been presented as evidence and relied upon for adoption in previous adult entertainment legislation in zoning ordinances 9500 and 11000, and are also relied upon herein. Such deleterious effects may include, but not be limited to, depreciation of values of nearby and adjacent properties, deterioration in appearance of the areas in which they are located, production of a skid row type of atmosphere, discouragement of residential uses in the area, and creation of an erotically suggestive atmosphere on public ways used by minors. Moreover, in the development and enforcement of restrictions on Adult entertainment in this code, this section and in Article 6, it is 1.7 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS acknowledged that adult entertainment have been found to have serious objectionable characteristics, and to have a deleterious effect on adjacent businesses and residential areas. In making this finding, the Commission has reasonably relied upon evidence of conditions within the City itself, evidence gathered by other localities and communities, and evidence described in judicial opinions. For the protection and welfare of the community, it is necessary, to locate Adult entertainment away from residential areas and commercial areas, and particularly away from public facilities that are used frequently by minors, such as schools, churches, parks, libraries, day care centers or nurseries, and to restrict Adult entertainment to industrial areas. Food Service Establishment: A place of business dedicated to the preparation and sale of food and beverage for immediate consumption on or off site. Alcohol Service Establishment: A place of business selling alcoholic beverages for consumption on the premises, and where the sale of food may be incidental to the sale of such beverages. This includes any establishment in receipt of a valid alcoholic beverage license from the state which permits the sale for consumption on the premises of alcoholic beverages as a Use. Alcohol beverage service establish- ments may include, but are not limited to: bars, taverns, cocktail lounges, nightclubs or supper clubs. General Commercial: A place of business providing the sale and display of goods or sale of services directly to the consumer, with goods available for immediate purchase and removal from the premises by the purchaser. General commercial goods include, but are not limited to, clothing, food, furniture, pharmaceuticals, books, art objects and the like. General commercial services include, but are not limited to, barber shops; beauty salons; travel agencies; fortune tellers; retail dry cleaning; express delivery service; health spas and fitness studios; photo studios; Funeral Homes; Animal Clinics; repair service establishments, Employment Office; Public Storage Facilities, and the like. General Commercial ser- vices exclude: Auto -Related or Marine -Related Establishments; Commercial Storage Facilities, Pawn Shops, and the like. Marine -Related Commercial Establishment: A place of business serving marine -related needs in- cluding but not limited to: boat repairs, boat storage, boat servicing, boat rentals; or a place of business provides marine -related retail including but not limited to: bait and tackle stores, boat sales, and marine supplies stores. Uses not included are all industrial vessel paint and body work; and industrial major engine work or overhaul, all of which are considered marine -related industrial activities. Open Air Retail: A retail sales establishment operated substantially in the open air including, but not limited to: farmers market, Flea Markets, 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, and the like. Recreational Establishment: A place of business providing group leisure activities, often requiring equipment and open to the public with or without entry or activity fees. This may include, but is not limited to: game courts, skating rinks, bowling alleys, commercial golf facility, gyms or sports rooms. 1.8 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS e. CIVIC This category is intended to encompass land Use functions predominantly of community -oriented pur- poses or objectives including those of not -for -profit organizations dedicated to arts and culture, educa- tion, recreation, religion, government, and the like. Community Facility: A non-commercial facility established primarily for the benefit and service of the general public of the community in which it is located. Such facilities include, but are not limited to: community centers; City of Miami NET offices; and cultural facilities, such as libraries and museums. Recreational Facility: A non-commercial facility, primarily an open space, serving the recreation needs of the general public. This may include but is not limited to: golf courses, parks, camping facilities, play - fields and playgrounds. Religious Facility: A facility used for regular organized religious worship and related activities. Regional Activity Complex: A large facility encompassing at least one Principal Building with possible Accessory Structures designed and outfitted as a venue for large assemblies, performance or events intended to serve as a regional destination. Regional Activity Complexes shall be located in parcels larger than (4) acres; shall be equipped to provide permanent seating for more than 4,000 patrons or provide more than 100,000 square feet of exhibition space and shall provide Off -Street Parking for more than 1,000 vehicles. f. CIVIL SUPPORT This category is intended to encompass land uses predominantly supportive of other urban Uses and functions. Community Support Facility: A facility providing basic services, for the benefit and service of the population of the community in which it is located. Such facilities may include but are not limited to: police and Fire Stations, Extended Care Facilities, Nursing Homes, convalescent homes, Continuing Care Facility, and Assisted Living Facility or Adult Daycare Center as defined by Chapter 429, Florida Statutes. See Article 6. Infrastructure and Utilities: A facility or Structure related to the provision of roads, water and sewer lines, electrical, telephone and cable transmission, and all other utilities and communication systems necessary to the functioning of a community. See Article 6. 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. 1.9 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Marina: A facility for storage, servicing, fueling, berthing, or securing of boats. The Use does not include marine -related industrial activities. Public Parking: A parking facility available to the general public for parking motor vehicles, including parking lots or garages. Rescue Mission: A facility providing personal assistance to individuals in need; such assistance to individuals may include temporary shelter, food services provisions, counseling, instruction, medical services, and other incidental services. Transit Facility: Afacility providing accommodations by public, private, or nonprofit entities for the con- veyance of persons from one place to another by means of a transportation system, including but not limited to: bus terminal, railroad station, freight terminal, airport, helistop or seaport. g. EDUCATIONAL This category is intended to encompass land Use functions connected with providing education, training, or care of children and students of all ages. Childcare: A facility where six (6) or more children are cared for on a part-time basis by day or by night including after -school care. The term does not include community based residential facilities, Family Care Homes, foster homes, group homes, rehabilitation or detention centers, orphanages, or other places operating primarily for remedial care. See Article 6. College / University: Afacility for post -secondary education that grants associate, bachelor, master or doctoral degrees, and may include research functions or professional schools. Elementary School: A facility offering instruction at the elementary school level. Learning Center: A facility offering to students training, tutoring or instruction in subjects such as lan- guages, music, fine arts or dance. This may include provision of electronic testing and distance learning. Middle / High School: A facility offering instruction at the middle or high school level. Pre -School: A facility offering care and instruction of children who are pre -elementary school age. Research Facility: A facility for 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. 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, 1.10 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS music and dance or other similar vocations. This classification excludes training and education in any activity that is not otherwise permitted in the zone. h. INDUSTRIAL This category is intended to encompass land Use functions connected with a business or activity involv- ing 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, and limited work -live Uses. Auto -Related Industrial Establishment: A facility conducting activities associated with the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment; paint and body work; major overhaul of engine or engine parts; vehicle impound or wrecking yard; outdoor vehicle sales, storage or repair; and government vehicle maintenance facilities. This includes auto related Uses not otherwise allowed within the commercial auto related establishment category. Manufacturing and Processing: A facility primarily engaged in the manufacturing, processing, repair or assembly of goods. Premises may include retail or wholesale sales. Marine -Related Industrial Establishment: A facility conducting activities associated with the construc- tion, repair, and operation, storage, loading and unloading of boats, and other activities the primary purpose of which is to facilitate the maritime industry. All work on vessels which exceed eight (8) feet in width; all vessel paint and body work; and major engine work or overhaul, shall all be considered marine -related industrial activity including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins. Products and Services: A public or private facility providing industrial and other services to individu- als or businesses. This includes but is not limited to Laundry / Dry Cleaning Plants; metal, machine or welding shops. This also includes special services such as Pawn Shops, Pharmaceutical Laboratories, Animal Kennels, Government Maintenance Facilities, Hiring Halls / Labor Pools, and Solid Waste Facili- ties. See Article 6. Storage and Distribution: Afacility providing long-term or short-term storage, selling or distribution of merchandise. This includes but is not limited to: container yards; crating, packing and shipping service; heavy equipment sales, service and storage; storage, warehousing or distribution establishments; Public Storage Facilities or Commercial Storage Facilities; outdoor storage of building materials; or Concrete Batching Plants. See Article 6. MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS This section provides definitions for terms in this Code that are technical in nature or that might not be otherwise reflect a common usage of the word. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. 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. Accessory Unit: See Ancillary Unit, in Section 1.1, Residential Use. Accessory Structure: An Accessory Structure is a Structure customarily incidental and subordinate to the Principal Structure and, unless otherwise specifically provided, located on the same premises. "On the same premises" shall be construed as meaning on the same Lot or on a contiguous Lot in the same ownership. Where a Building is attached to the Principal Building, it shall be considered part thereof, and not an Accessory Structure. Adaptive Use: Rehabilitation or renovation of existing Building(s) for any Use(s) other than the present Use. Adult: An adult is a person eighteen (18) years of age or older. Adult Daycare: A facility which provides limited supervision and basic services on a part-time basis by day or evening, but not overnight, to three (3) or more adults other than the family/employee occupying the premises. The term does not include community residential homes, nursing home facilities or institu- tions for the aged. See Section 1.1 (Civil Support, Community Support Facility) and Article 6. Affordable / Workforce Housing: Housing priced up to 120% of the area median income as certified by the City's Community Development Department. Affordable Housing: Affordable Housing shall mean a Dwelling Unit, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 60 percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Albedo: The ratio of light reflected by a surface. Alcohol Service Establishment: See Section 1.1, Commercial Use. Allee: A regularly spaced and aligned row of trees usually planted along a Thoroughfare or Pedestrian Passage. 1.12 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Alley: A Thoroughfare (not officially designated as a street) designated by a recorded plat, deed, or le- gal instrument, to be a secondary means of vehicular access to the rear or side of properties otherwise Abutting a street; an Alley may connect to a vehicular driveway located to the rear of Lots providing access to outbuildings, service areas and parking, and containing utility Easements. Alterations, Structural: Structural alterations are any change, removal, replacement, reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs (except those on fill), load bearing partitions, columns, exterior walls, stairways, roofs, corridors or other structural materials used in a Building that support the said beams, ceiling and floor joists, load bearing partitions, columns, exterior walls, stairways, roofs, or structural materials used in the Building or Structure. The term is applicable to any Building or Structure or any part thereof, whether or not permanent or temporary shoring is used during construction and whether or not additions to or rebuilding of the major portion of an existing building are being accomplished. Ambulance Service: Afacility which provides emergency medical transportation or paramedical emer- gency or trauma care en route to an extended care or medical facility. See Section 1.1 (Civil Support, Major Facility). Animal Clinic: A facility which provides medical and surgical care for sick animals, including overnight boarding, and may include overnight boarding for seven (7) or less healthy animals, all within a com- pletely enclosed building. See Section 1.1 (Commercial, General Commercial). Animal Kennel: A facility which provides boarding services for eight (8) or more animals. See Section 1.1 (Industrial, Products and Services). Antennas, miscellaneous: Any roof -mounted Structure intended for the transmission or reception of radar, radio, television, or telephone communications, excluding traditional single-family residential television antennas, amateur radio antennas, satellite earth stations and microwave antennas. Arcade: A covered pedestrian way within a building or along the side of a Building at the first floor, which may provide access to shops along one (1) or more sides. See Article 4, Table 6. Architectural Features: Prominent or significant parts or elements of a Building or Structure. Architectural Style: The characteristic form and detail of Buildings from a particular historical period or school of architecture. Atlas, Miami 21: The atlas adopted under the Miami 21 Code. Atrium: An indoor, roofed space whose height exceeds one Story and which does not contain a Func- tion or Use and is utilized primarily as a circulation or informal gathering space serving all occupants of the Building. 1.13 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Attainable Mixed -Income Housing: Attainable Mixed -Income Housing shall mean a development completely comprised of Extremely Low Income Housing, Affordable Housing, and Workforce Housing; and may be subject to Density bonuses. Attainable Workforce Housing: Attainable Workforce Housing shall mean a Development completely comprised of Workforce Housing, servicing multiple income ranges between 60% of the Area Median Income and 140% of the Area Median Income, as described in Section 3.16 of this Code. Auto -Related Commercial Establishment: See Section 1.1. Commercial Use Auto -Related Industrial Establishment: See Section 1.1, Industrial Use Average Sidewalk Elevation: The average of the record profile grade elevation of each of the streets Abutting a development, as determined and on file with the City of Miami Public Works Department. Awning: A movable roof -like Structure, cantilevered or otherwise entirely supported from a Building, used to shade or screen windows or doors. Backbuilding: A single -story Structure with a maximum width of twelve (12) feet connecting a Principal Building to an Outbuilding. See Article 4, Table 8, Diagram C. Balcony: An unenclosed habitable Structure cantilevered from a Facade or Building Elevation. Base Building Line: The officially mapped street lines. Lines so established may fall within the bound- aries of Lots and shall be used instead of the Lot lines adjacent to the streets in determining the Layers and Setbacks. Bed and Breakfast: See Section 1.1, Lodging Use. Bicycle Lane: A lane dedicated for bicycle use demarcated by striping or otherwise separated from vehicle lanes. Bicycle Rack Space: Parking space for any two wheel alternative mode of transportation including: bicycle, scooter, motorcycle, Segway®, etc. Bicycle Route: A Thoroughfare designated for shared use of bicycles and automobiles. Block: The aggregate of private Lots, passages, rear lanes and Alleys, the perimeter of which abuts Thoroughfares. Block Face: The aggregate of all the Building Facades on one side of a block. The Block Face provides 1.14 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS the context for establishing architectural harmony. Botanical Garden: Agarden of collected growing plants established for the benefit of the Public to serve as an educational, recreational or scientific center. Bonus Capacity: The additional Building Capacity awarded for participation in the Public Benefits Pro- gram, as defined in Article 3. Section 3.14. Brownfield: An area having been used primarily as an industrial or commercial site with perceived or actual presence of environmentally hazardous substance. Buffer: An area of land, including landscaping, berms, walls, Fences, and Building Setbacks, which is located between land Uses of different characters and is intended to mitigate negative impacts of the one intense Use on a residential or vacant parcel. Buildable Area: The portion of a Lot remaining after required Setbacks have been provided. Buildings may be placed in any part of the Buildable area, but limitations on percent of the Lot which may be covered by Buildings may require Open Space within the buildable area. Building: Any Structure having a solid roof intended for shelter or enclosing of persons, animals, chat- tels, property, equipment or a process of any kind or nature, excluding freestanding tents, freestanding awnings, and cabanas and screened enclosures. Building Capacity: See Floor Area. Building Code: The State of Florida Building Code. Building Configuration: The form of a Building, based on its massing, Private Frontage, and Height. Building Disposition: The placement of a Building on its Lot. 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. Building Height: The vertical extent of a Building measured in Stories. Building Permit: The permit required for new construction and additions pursuant to the City Code. Build -to line: A line established within a given Lot indicating where the outer edge of a Structure must be located. 1.15 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS By Right: A use allowed pursuant to zoning review and approval of a Building Permit or issuance of a Certificate of Use under Article 7, Section 7.1.2.1. Permitted Uses. Canopy: A fixed -roofed Structure which provides shade or protection and is in whole or in part self- supporting with open sides. Capacity: See Floor Area. Car Shelter: A Structure made of canvas, aluminum, or similar materials, or any combination thereof, on movable framing for the shade and shelter of one (1) or two (2) private passenger vehicles. Carport: A portion of a Principal residential Building or a Building accessory to a residential Use de- signed to be used for shelter of motor vehicles, unenclosed at the vehicular entry side and for an area at least equal to twenty percent (20%) of the area of the outer surface of walls, which might otherwise be constructed along its entire remaining perimeter. Where enclosure exceeds this amount, the shelter shall be construed to be a garage. Certificate of Occupancy: As defined by the Florida Building Code. Certificate of Use: An official City document verifying that a particular Use is in compliance with ap- plicable sections of this Miami 21 Code pursuant to the requirements of Article IV, Section 2-207 of the City Code and Section 7.1.2.1 of this Code. City: The City of Miami, Florida. City Code: The Code of Ordinances of the City of Miami. City Commission: The City Commission of the City of Miami. Civic: Uses held in private or public ownership but functioning for community purposes such as religious, cultural, environmental, or educational uses. See Section 1.1. Civic Building: A Building designed specifically for a Civic Function. Civic Institution (CI): A zone with uses primarily dedicated to Functioning for community purposes such as, cultural, educational, environmental, governmental, public transit, public parking and religious facilities. See Section 1.1. Civic Space (CS): A zone with mainly outdoor area dedicated for functioning for community purposes. 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. 1.16 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS See Article 4, Table 7. Civic Zone: See Article 4, Table 1 Civil Support Uses: See Section 1.1 Code: The Miami 21 Code. May also be referred to herein as this Code. College / University: See Section 1.1, Education Use Commercial Storage Facility: Afacility providing for the storage of office furnishings, archive records and general personal property of businesses, agencies and professionals. Such personal property is limited to furniture and other household goods and retail merchandise to be sold at nearby establish- ments. Storage of heavy equipment or any property that may be deemed hazardous, such as property which is inflammable, combustible, explosive or dangerous is prohibited. See Section 1.1 (Commercial, Storage and Distribution). Commercial Vehicle: ACommercial Vehicle is any vehicle designed, intended or used for transportation of people, goods, or things, not including private passenger vehicles and trailers for private nonprofit transport of goods or boats. Common Lawn: See Article 4, Table 7. Community Facility: See Section 1.1, Civic Use. 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. Community Residence: See Section 1.1, Residential Use. Community Support Facility: See Section 1.1, Civil Support Use. Comprehensive Plan: The Miami Comprehensive Neighborhood Plan. Configuration: The form of a building based on its massing, Private Frontage and Height. Construction, Actual: The placing of construction materials in a permanent position and fastened in a permanent manner; except that, where demolition, excavation, or removal of an existing Structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be Continuously carried on without interruption, except for just cause, until the completion of the new construction involved. 1.17 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Content, Adult: see Adult Entertainment; Specified Anatomical Areas; Specified Sexual Activities; see section 1.1 Commercial Use. Context: Surroundings made up of the particular combination of elements that create specific character in the area. Continuously: As defined with reference to Actual Construction defined herein, continuously shall mean that work is underway for at least fifty percent (50%) of the working days (Monday through Friday, national holidays excluded) since construction began. See also Construction, Actual. Cool Roof: A roof that reflects the sun's heat and emits absorbed radiation back into the atmosphere. Corridor: A lineal geographic system incorporating transportation or Greenways. Courtyard: Open Space, partially defined by walls or Buildings as regulated by this Code. See Article 4, Table 7. CPTED: Crime Prevention through Environmental Design. Crew Quarters: Accommodations designed and outfitted to accommodate on a non -permanent basis the crew of vessels being serviced or temporarily stored at established Marinas or Marine Related In- dustrial Establishments allowed, in an incidental capacity, on the same property where the primary use which they support is established. Crew Quarters' facilities shall be commensurate to the facilities they serve. See Article 6. Curb: The edge of the vehicular pavement detailed as a raised concrete or stone element, or flush with a swale. Density: The number of Dwelling Units within a standard measure of land area, usually given as units per acre. Design Speed: The velocity at which a Thoroughfare is designed for vehicular use. Development: Development shall have the meaning given it in section 380.04, Florida Statutes. Development Capacity: see Floor Area. Director: Unless otherwise specified, the term "Director" shall mean the Director of the Department of Planning for the City. 1.18 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Disposition: The placement of a Building on its Lot. See Article 4, Table 8. District (D): A zone intended to accommodate Uses which because of their specialized performance, Scale or impact should not be incorporated into the Neighborhood structure. Dock: See Pier. Dormitory: See Section 1.1, Residential Use. Drive -through / Drive-in Facility: A place of business including drive -through banks or teller windows, drive -through eating and drinking establishments, drive -through windows at liquor or other stores, or at laundry and dry cleaning agencies, car washes, and similar facilities, but excludes automotive service stations. See Article 6. Driveway: A vehicular lane within a Lot, usually leading to a garage or carport. A Driveway in the First Layer may be used for parking if it is less than the width allowed in the applicable transect, above which dimension it becomes subject to the constraints of a parking lot. Dwelling Unit: Residence of a single housekeeping unit. See Article 6. Easement: A legal instrument, in a form approved by the City Attorney and recorded in the county re- cords, that allows access through real property of the conveyor. Educational Use: See Section 1.1. Elementary School: See Section 1.1, Educational Use. Elevation, Building: An exterior wall of a Building not along a Frontage Line (See Facade). Elevation, Floor: Height of floor level. Eligible Historic Resource: Archeological sites, individual historic resources, contributing Buildings within a historic district, as qualified under Chapter 23 of the City Code. Employment Office: A place of business, other than a hiring hall or labor pool, offering individual job recruitment by specification of job qualifications and conduct of individual interviews by placement spe- cialists onsite to meet those job specifications. See Section 1.1 (Commercial, General Commercial). Encroachment: Building element permissible within required Setback. Enfront: To place an element along a Frontage Line, as in "Porches enfront the street." 1.19 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Entertainment Establishment: See Section 1.1, Commercial Use. Entertainment Establishment, Adult: See Section 1.1, Commercial Use. Entrance, Principal: The main point of access of pedestrians into a Building. Established Setback Area: A defined area wherein the Setbacks provided by the Transect designation are superseded by those originally adopted for a special district under Ordinance 11000, and which continue and are listed in Article 3, Section 3.3.6 of this Miami 21 Code. The boundaries of Established Setback Areas are illustrated on Article 4, Diagram 10. Exception: Permit approved pursuant to the requirements of Article 7. Extended Care Facility or Nursing Home: An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. See Section 1.1 (Civil Support, Community Support Facility) and Article 6. Extensive Green Roof: An area atop a roof surface of a Building surfaced with soil and Florida Friendly Landscaping that are appropriate for South Florida green roof systems, including ground cover, grasses, herbs, and flowering herbaceous plants, which require little or no maintenance and no permanent irriga- tion system. This area will serve to retain stormwater runoff and to mitigate the Heat Island Effect. The depth of the growing medium shall be a minimum of two (2) inches and a maximum of six (6) inches. Extremely Low Income Housing: Extremely Low Income Housing shall mean a Dwelling Unit, owner - occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 30 percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Facade: The exterior wall of a Building that is set along a Frontage Line. (See Elevation, Building). Family Care Home: Afamily care home is an occupied residence, registered and licensed by the State of Florida, where five (5) or fewer preschool children from more than one (1) unrelated family receive care on a regular part-time basis by day or by night and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. See Section 1.1 (Residential, Com- munity Residence) and Article 6. Fence: A permeable metal or wooden wall, independent of a Building, located along a Frontage line. See Article 4, Table 6. FEMA: Federal Emergency Management Agency. 1.20 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Fire Station: A Building housing fire equipment and firefighters. See Section 1.1 (Civil Support, Com- munity Support Facility). Flea Market: An Open Area or Building used for occasional or periodic sale of goods by individual sell- ers for limited periods of time. See Section 1.1 (Commercial, Open Air Retail). Floating Structure: A floating barge -like entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water, but serves purposes or provides services typically associated with a Structure or other improvement to real property. The term "Floating Structure" includes, but is not limited to, each entity used as a residence, place of business, office, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating Structures, as defined herein, are ex- pressly excluded from the definition of the term "vessel" provided in section 327.02(27), Florida Statutes (1989), and is also excluded from the definition of "private pleasure craft." Incidental movement upon water shall not, in and of itself, preclude an entity from classification as a Floating Structure. A Float- ing Structure is expressly included as a type of tangible personal property (from section 192.001 (17), Florida Statutes (1989)). See illustration included with Ordinance No. 10932, adopted October 24, 1991. Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured to the exterior of the wall or balcony. 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, Porches, balconies and roof areas. Also means Building or Development Capacity. Floor Lot Ratio (FLR): The multiplier applied to the Lot Area that determines the maximum Floor Area allowed above grade in a given Transect Zone. Food Service Establishment: See Section 1.1, Commercial Use. Forecourt: See Article 4, Table 6. Frontage: The area between a Building Facade and the vehicular lanes of a Thoroughfare or the pave- ment of a Pedestrian Passage. Frontage, Principal: That Frontage facing the public space such as a Thoroughfare of higher pedestrian importance (i.e., traffic volume, number of lanes, etc.). Frontage, Private: The Layer between the Frontage Line and the Principal Building Facade. The Structures and landscaping within the Private Frontage may be held to specific standards regarding the depth of the setback and the combination of architectural elements such as Fences, Stoops, Porches 1.21 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS and Galleries. Frontage, Public: The area between the curb of the vehicular lanes and the Frontage Line. Elements of the Public Frontage include the curb, Sidewalk, planter, street tree, streetlight, street furniture, etc. 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.). Frontage Line: Property Line or Base Building Line Abutting a public space, such as a Plaza or Thor- oughfare, whether at the front, rear, or side of a Lot. Facades parallel to Frontage Lines define the public realm and are therefore more regulated than the Elevations that coincide with other Lot Lines. Function: The land Use allowed on property according to this Code. Funeral Home: Afacility licensed by the state and containing suitable storage room for the dead including embalming facilities, and may also provide rooms for the display of the dead or ceremonies connected with burial or cremation. See Section 1.1 (General Commercial). Gallery: A covered pedestrian area adjoining the side of a Building on any floor, which may provide access along one or more sides. See Article 4, Table 7. Garden: See Article 4, Table 7. General Commercial: See Section 1.1, Commercial Use. General Urban Zone: See Article 4, Table 1. Government Maintenance Facilities: Building, land, or Structure designed and intended to be used in the routine upkeep and repair of government owned or leased equipment. See Section 1.1 (Civil Support, Products and Services). Green: See Article 4, Table 7. Green Corridor: See Greenway. Green Space: An Open Space outdoors, at grade, unroofed, landscaped and free of impervious sur- faces. See Article 4, Table 7. Greenway: An Open Space Corridor in largely natural condition which may include paths for bicycles and pedestrians. 1.22 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Habitable Rooms: Rooms designed and used for living, sleeping, eating, cooking, or working or com- binations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered Habitable Rooms. Habitable Space: Building space which Use involves human presence with direct view of the enfronting streets or public or private Open Space, excluding Parking Garages, self-service storage facilities, warehouses, and display windows separated from retail activity. Hardscape: The nonliving portions of a building's landscaping, such as roads, sidewalks, courtyards and parking lots. Heat Island Effect: An elevated temperature in an urban area when compared to rural areas, typically caused by the increased presence of dark, heat absorbing materials, such as asphalt and dark roofs, in urban areas. Height: See Building Height. Hiring Hall / Labor Pool: A place of business providing employment services for laborers. Such services generally involve short term hiring of unskilled manual help, with little or no qualifications required, or the need of individual interviews by placement specialists. See Section 1.1 (Industrial, Products and Services). Historic Preservation Ordinance: An Ordinance codified in Chapter 23 of the City Code dedicated to the preservation of the City of Miami's Historic Property and historic resources as a significant goal in the City's overall vision for its future. Historic Property: See Eligible Historic Resource. Home Occupation: See Home Office. Home Office: See Section 1.1, Residential Use. Hospital: An institution having an appropriate license or certificate of need issued by the State of Florida and providing primary health, medical, or surgical care to persons suffering from illness, disease, injury, deformity or abnormal mental conditions; and may include related accessory facilities such as labora- tories, outpatient or training facilities. See Section 1.1 (Civil Support, Major Facilities). Hotel: See Section 1.1, Lodging Use. House Barge / Houseboat: A Floating Structure used as a residence. Avessel, a private pleasure craft, consisting of a hull and superstructure supported in the water by integral flotation devices, not suitable for rough water, and designed and manufactured to be self-propelled. See Article 6. 1.23 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Housing for the Elderly: Housing development for residents aged fifty five (55) and over. Industrial Use: See Section 1.1. Infill: A development project within existing urban fabric, on a vacant site within a built-up area. Infrastructure and Utilities: See Section 1.1, Civil Support. Inn: See Section 1.1, Lodging Use. Inside Turning Radius: The curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. Intensity: The magnitude of development measured by Floor Lot Ratio permitted in the Restricted, Limited and Open categories of a Transect Zone. Intensive Green Roof: An area atop a roof surface of a Building surfaced with soil and a variety of Florida -Friendly plants that are appropriate for South Florida green roof systems, including herbaceous plants and shrubs, and small trees, which require professional maintenance and an advanced green roof irrigation system. This area will serve the purpose of retaining stormwater runoff and mitigating the Heat Island Effect. The depth of the growing medium shall be a minimum of six (6) inches. Rooftop farms, urban roof farms or vegetable farms on roofs are considered Intensive Green Roofs, requiring higher nutrient applications and focused maintenance. Rooftop farming areas of an Intensive Green Roof must be planted with appropriate plan material during non -farming periods. Jail /Detention Facilities: A Building designated by law or regularly used for the confinement of persons held in lawful custody. See Section 1.1 (Civil Support, Major Facility). Large Scale Commercial: A commercial business occupying more than 55,000 square feet of Floor Area with a regional market area, including but not limited to retail or wholesale sales, membership warehouse clubs, discount stores and department stores. See Article 6. Laundry / Dry Cleaning Plant: An establishment providing washing, dry cleaning, dyeing, pressing, or special similar services, not open to or for the direct use of the general public. See Section 1.1 (In- dustrial, Products and Services). Layer: A range of depth of a Lot within which certain elements are permitted as regulated in this Code. See Article 4, Table 8, Diagram D. Layer, First: The area of a Lot comprised of the distance between the Base Building Line and the 1.24 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS required Setback including the Private Frontage. Layer, Second: That portion of the Lot behind the First Layer which includes that portion of the Building which Enfronts the Thoroughfare. Layer, Third: That portion of the Lot that is not within the First and Second Layer and is least visible from the Thoroughfare. Learning Center: See Section 1.1, Educational Use. LEED: Leadership in Energy and Environmental Design. Legacy Structure: An existing Structure within an NRD area which is maintained or re -purposed by the property owner that contributes to the character of the District. The Structure must maintain its physical integrity so that it sufficiently conveys its original character, possess integrity of design, setting, material, workmanship, feeling and association, and meets specific criteria of the District. Light Court: See Article 4, Table 6. Liner: A Building or part of a Building with Habitable Space specifically designed to enfront a public space, masking a function without capacity to monitor public space, such as a parking lot, Parking Ga- rage or storage facility. Live -Work: See Section 1.1, Residential Uses Loading Space: An area in which goods and products are moved on and off a vehicle, including the stall or berth and the apron or maneuvering room incidental thereto. Lodging Use: See Section 1.1 Lodging Unit: Attached or semidetached living quarters comprised of furnished room(s) of approximately two hundred (200) gross square feet or more in area, including sanitary facilities but with only limited kitchen facilities, if any; not qualifying as a Dwelling Unit or efficiency apartment; occupied by transients on a rental or lease basis for limited periods of time. Lot: A Lot is any individual Lot, tract or parcel of land, intended as a single Building site or unit, having an assigned number or numbers, letter or letters, or other name through which it may be identified for development purposes. A Lot may also be any combination of Lots, tracts, parcels or other areas of land established by acceptable legal joinder, delineated by a closed boundary and assigned a number, letter or other name through which it may be identified, intended as a single unit for development purposes. Lot Area: Lot area shall be the area within the Lot Property Lines, excluding any portions of street 1.25 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS rights -of -way or other required dedications. Lot, Conforming: A parcel of land meeting the requirements of this Code as to dimensions (width, depth, or area) and access. Lot, Corner: A Lot or parcel of land Abutting two (2) or more Thoroughfares at their intersection, or two (2) parts of the same Thoroughfare forming an interior angle of less than one hundred thirty-five (135) degrees. Lot Coverage: The area of the Lot occupied by all Buildings, excluding Structures such as decks, pools, and trellises. Lot, Interior: A Lot Abutting only one (1) Thoroughfare. Lot, Nonconforming: A parcel of land with dimensions or access not meeting minimum requirements of this Code. See Article 7, Section 7.2.1. Lot, Through: A Lot other than a Corner Lot, and with Frontage on more than one (1) Thoroughfare; Alleys shall not be considered for purposes of this definition. Lot Line: The boundary that legally and geometrically demarcates a Lot. Lot Width: The length of the narrowest dimension Frontage Line of a Lot. Low Income Housing: As established by the City's Community Development Department. Major Facility: See Section 1.1, Civil Support Use. Major Recreational Equipment: Vehicles including travel trailers, pickup campers, converted trucks or buses, motorized homes, tent campers, tents, or other short-term housing or shelter arrangements and devices, boats and boat trailers, combinations thereof, and other similar equipment, and trailers, cases, and boxes for transporting recreational equipment, whether occupied by such equipment or not. Manufacturing and Processing: See Section 1.1, Industrial Use. Marina: See Section 1.1, Civil Support Use. Marine -related Industrial Facility: See Section 1.1, Industrial Use. Marine -related Commercial Establishment: See Section 1.1, Commercial Use. Market Rate Housing: As established by the City's Community Development Department. 1.26 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Microbrewery: An establishment that is primarily a manufacturing facility, where beer is produced for wider distribution and consumption on premises, with a maximum production of 15,000 barrels of beer per year. The establishment shall include retail sales, a tasting room, and/or a restaurant where beer manufactured onsite is served. See Article 6. Micro Dwelling Unit: A small Multi -Family Residential Dwelling Unit type that shall include sanitary facilities and kitchen facilities. See Article 6. Table 13. Middle / High -School: See Section 1.1, Educational Use. Minor Accessories: An optional part fitted to perform an additional function or enhance performance. For Recreational Watercraft these include masts, antennae vent stacks and windshields. Mitigation: Measures taken to eliminate, minimize, or compensate fordamages from development activity. Multi -Family Housing: See Section 1.1, Residential Use. Natural Features: Physical characteristics of a property that are not man made. Natural Zone or T1 Zone: See Article 4, Table 1. Navigable Waterway: The navigable part of a waterway, centrally located with respect to the theoretical axis of the waterway (or the axis of the improved channel of the Miami River) which provides a through- way or access aisle for manned vessels. Neighborhood: An urbanized area that is primarily Residential. A Neighborhood shall be based upon a partial or entire Standard Pedestrian Shed. The physical center of the Neighborhood should be located at an important traffic intersection associated with a Civic or Commercial use. Neighborhood Conservation District (NCD): A zoning overlay district. See Section 3.12. Neighborhood Revitalization District (NRD): An overlay zoning district. See Article 3, Section 3.12.3. NET: City of Miami's Neighborhood Enhancement Team. Nonconforming Lot: See Article 7, Section 7.2.1. Nonconforming Site Improvements: See Article 7, Section 7.2.1. Nonconforming Structure: See Article 7, Section 7.2.1. Nonconforming Use: See Article 7, Section 7.2.1. 1.27 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Nursing Home or Extended Care Facility: An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. See Section 1.1 (Civil Support, Community Support Facility) and Article 6. Office: See Section 1.1, Office Use. Office Use: See Section 1.1. Open Air Retail: See Section 1.1, Commercial Use. 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. Outbuilding: A Building, usually located towards the rear of the same Lot as a Principal Building. It is sometimes connected to the Principal Building by a Backbuilding. Park: A tract of land designated and used by the public for active and passive recreation. See Article 4, Table 7. Also known as Public Park. Parking Area: Any area designed and used for parking motor vehicles including parking lots and ga- rages, driveways, garages serving residential Uses, and Thoroughfares. Parking Garage or Parking Structure: A Structure containing vehicular parking, including mechanical parking systems. Parking, Off -site: Spaces provided for vehicles and located outside of the boundaries of the Lots to be served. Parking, Off-street: Any land area designed and used for parking motor vehicles including parking lots and garages, driveways and garages serving residential uses, but excluding areas of Thoroughfares. See Articles 3 and 4. Parking, Tandem: The placement of vehicles one behind the other as opposed to side by side. Parking, Underground: Parking in which the ceiling or roof of the top level does not rise above any adjoining public Sidewalk. Paseo: An access way limited to pedestrian use connecting streets, plazas, alleys, garages and other 1.28 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS existing and future public spaces abutting a property. A Paseo shall have a clear path of a miminum of ten (10) feet in width that is restricted to pedestrian use and lined with active uses having frequent doors and windows. A Paseo may be roofed above the first floor for (100%) of its length, but any roof portion of Paseo shall not be counted as Open Space. Pawnshop: Establishments which provide loans upon delivery of personal goods or other chattel as security and sell those same items as a secondhand retail service. See Section 1.1 (Industrial, Products and Services). Pedestal: In T6 Zones, that portion of a Building up to the eighth Story. Also known as podium. Pedestrian Orientation: The characteristics of an area where the location and access to Buildings, types of Uses permitted on the street level, and storefront design relate to the needs of persons travel- ing on foot. 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, Pedestrian Passage shall have frequent doors and windows. Pedestrian Shed: An area, approximately circular, that is centered on a common destination. A Pe- destrian Shed is applied to determine the approximate size of a Neighborhood. A Standard Pedestrian Shed is one -quarter (1/4) mile radius, about the distance of a five-minute walk at a leisurely pace. A Linear Pedestrian Shed is elongated to follow a commercial corridor, measuring one -quarter ('/4) mile out from the center line of the corridor. It has been shown that provided with a pedestrian environment, most people will walk this distance rather than drive. The outline of the shed must be refined according to actual site conditions, particularly along Thoroughfares. The common destination should have the present or future capacity to accommodate Transect Zones successional in Density to its surroundings. A Long Pedestrian Shed is one-half (1/2) mile radius, and may be used for mapping a Transit Oriented Development (TOD) when transit is present or proposed. (Sometimes called a "walkshed" or "walkable catchment"). Personal Wireless Service Facility (PWSF): A facility for the provision of personal wireless services, as defined by the federal Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or Building, access road, mount, and a guy system. Such facilities may include "mono- pole" or "lattice tower (tower)" Structures. See Section 1.1, (Civil Support, Infrastructure and Utilities), and Article 6. Pervious Pavement System: A porous surface system with a stabilized base that allows water from precipitation and other sources to pass directly through, thereby reducing the runoff from a site, allowing groundwater recharge, and naturally cooling the surface through evaporation of water from pavement voids or from beneath. Pharmaceutical Laboratories: Pharmaceutical laboratories are facilities equipped and intended for the testing of pharmaceutical products, particularly their effects on the human body. Such research 1.29 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS primarily entails the evaluation of the absorption, elimination, bioavailability and pharmacodynamics of medications administered to research participants. Due to the standard protocols associated with such research, test subjects must remain on -site for prolonged periods including overnight stays. See Sec- tion 1.1 (Industrial, Products and Services). Pier: A platform extending from shore over water used to secure and protect vessels or allow pedestrian access to extend over water. See Article 6. Place of Assembly: See Section 1.1, Commercial Use. Planter: The element of the public streetscape which accommodates street trees. Planters may be continuous or individual and separated. Playground: See Article 4, Table 7. Plaza: See Article 4, Table 7. Porch: An open air room appended to a Building, with floor and roof but no walls on the sides facing Frontages. Porte-cochere: See Carport. Pre -School: See Section 1.1, Educational Use. Primary -Secondary Grid: Thoroughfare designations appearing on a plan adopted under this Code or a Special Area Plan. See Article 3, Section 3.9. Principal Building: A Structure used to enclose or house the primary Use(s) located on a Lot; or the main Building on a Lot, usually located toward the front. Principal Dwelling Unit: See Single -Family Residence. Product and Services: See Section 1.1, Industrial Uses. Property Line: Demarcation of private property ownership. Public: Facilities or land owned or operated by a governmental organization. Public Benefits Program: See Article 3, Section 3.14. 1.30 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Public Parking: See Section 1.1, Civil Support Use. Public Storage Facilities: An establishment containing separate, secured self -storage areas or lockers used for the temporary storage of household items and seasonal or recreational vehicles, small boats, trailers etc. These facilities cater primarily to the needs of nearby residents. See Section 1.1 (Com- mercial, General Commercial) and Article 6. Recreational Establishment: See Section 1.1, Commercial Use. Recreational Facility: See Section 1.1, Civic Use. Recreational Watercraft: A vessel or craft designed and licensed to move across or through water, designed and outfitted exclusively for recreational use. Religious Facility: See Section 1.1, Civic Use. Research Facility: See Section 1.1, Educational Use. Rescue Mission: See Section 1.1, Civil Support Use. Residential Use: See Section 1.1. Retail Frontage Line: Frontage Lines designated on a Special Area Plan that require the ground level to be available for retail Use. Right -of -Way, Public : That land held in trust by the City between the base building lines, including the sidewalk, swale and parkway area, and the roadway, street and highway. Roof Terrace: An outdoor space accessible to Building occupants that is designed to provide elevated views of the surrounding area. The terrace shall be located beyond the second story of a Building with a minimum size of eight hundred (800) square feet, consisting primarily of Florida Friendly Landscap- ing and high-albedo pavement, and may include container gardens and rooftop farming. Extensive, Intensive or a combination of Extensive and Intensive Green Roof systems may also be provided as additional landscape. Rowhouse: A Dwelling Unit that shares a party wall with another Dwelling Unit of the same type. Rural Zone or T2 Zone: See Article 4, Table 1. Scale: The spatial relationship among Structures along a street or block front, including height, bulk and yard relationships. Scale also refers to the proportional relationship of the size of parts to one another 1.31 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS and to the human figure. Schools: Any public, parochial, private, charitable or non-profit school, college or university, other than trade or business schools, which may include instructional and recreational uses, living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees, including the Educational Uses such as: pre-school, elementary school, middle school, high school, college and university. Screening: Visually shielding or obscuring one Structure or Use from another by a Liner Building, fenc- ing, wall, or densely planted vegetation. Secondary Grid: See Primary -Secondary Grid. Setback: The distance from the Base Building Line to the point where a Building may be constructed. This area must be maintained clear of permanent Structures with the exception of encroachments de- scribed in each Transect Zone. Shared Parking Standards: An accounting for parking spaces that are available to more than one function. Shopfront: See Article 4, Table 6. Sidewalk: The paved layer of the Public Frontage dedicated exclusively to pedestrian activity. Single -Family Residence: See Section 1.1, Residential Use. Solar Reflectance: The fraction of solar energy reflected by a material. Solid Waste Facility: Facility for the disposition of unwanted or discarded material including garbage with insufficient liquid content to be free flowing. See Section 1.1 (Industrial, Products and Services). Special Area Plan: See Article 3, Section 3.9. Special Training Facility / Vocational: See Section 1.1, Educational Use. Specified Anatomical Areas: Those areas of the human body, less than completely and opaquely covered, which consist of: (a) male and female genitals or pubic region; (b) male or female buttocks, anus, anal cleft, or cleavage; (c) female breast below a point immediately above the top of the areola; or (d) human male genitals in a discernibly turgid state. See Section 1.1 (Commercial, Entertainment Establishment, Adult). 1.32 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Specified Sexual Activities: Those activities which, when described, displayed, exhibited, simulated, or depicted by whatsoever medium in an adult entertainment service establishment: (a) show the hu- man genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation, (b) show acts of human masturbation, human sexual intercourse, or sodomy; or sexual acts between humans and animals; (c) show one (1) human being fondling or touching erotically the genitals, pubic area, buttock, anus, or female breast of another human being. See Section 1.1 (Commercial Entertainment Establishment, Adult). Square: See Article 4, Table 7. Stall / Berth: The space where vehicles are placed for parking or loading or unloading operations. Stationing: The placing or positioning of a given movable item on a given parcel of land for period of time exceeding 12 hours. Stoop: A small stair, landing or ramp connecting a Building entrance to the Sidewalk. Also See Article 4, Table 6. Storage and Distribution: See Section 1.1, Industrial Use. Story: A level within a Building by which Height is measured. Streetscape: The urban element that establishes the major part of the public realm. The streetscape is composed of Thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and Sidewalks or paths for pedestrians) as well as the amenities of the Public Frontages (street trees and plantings, benches, streetlights, paving, street furniture, etc.), and the visible Private Frontages (Building Facades and Building Elevations, Porches, yards, Fences, etc.). Streetscreen: A freestanding wall required in certain Transect Zones built along the Frontage Line, or coplanar with the Facade, often for the purpose of masking a parking lot from the Thoroughfare. See Article 4, Table 8. Structure: A Structure is anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having fixed location on the ground or on or below the surface of the ground or water. Sub -Urban Zone or T3 Zone: See Article 4, Table 1. Terminated Vista: A location at the axial conclusion of a Thoroughfare. A Building located at a Termi- nated Vista designated on a Special Area Plan is required to be designed in response to the axis. Terrace: See Article 4, Table 6. 1.33 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS 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. Tower: In T6 Zones that portion of a Building that extends above the Pedestal. Towing Service: Establishment which provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles. Townhouse: See Rowhouse. Transect: A system of ordering human habitats in a range from the most natural to the most urban. Transect Zones describe the physical character of place at any Scale, according to the Density and Intensity of land use and urbanism. Transect Zone (T-Zone): The identification of areas of varying Density whose character is determined by the requirements for Use, Height, Setback and the form of Building and the form of the enfronting public streetscape. The elements are determined by their location on the Transect scale. The T Zones are: T1 Natural, T2 Rural, T3 Sub -Urban, T4 Urban General, T5 Urban Center, and T6 Urban Core, CS Civic Space, CI Civic Institutional, CI -HD Civic Institution — Health District, Di Work Place, D2 Indus- trial and D3 Waterfront Industrial. Within T3 through T6 Zones are additional categories, Restricted (R), Limited (L) and Open (0), and each category shall also be considered a T-Zone. Transit Corridor: A designation established by the City involving an area not exceeding a one -quarter (1/4) mile radius from a non -limited access thoroughfare that included 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 ten (10) minute or less headway Monday thru Friday between the hours of 7am thru 7pm. Multiple transit routes or types of transit vehicles may be added cumulatively under this definition for the purpose of parking reductions. Transit Facility: See Section 1.1, Civil Support Use. Transit Oriented Development (TOD): A designation established by the City involving an area not exceeding a one-half (1/2) mile radius from a convergence of modes of transit, or a train station. Transition Line: A horizontal line spanning the full width of a Facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. Transmission Towers: Freestanding Structures intended for the support of antennas used in the re- ception and relay of radar, radio, cellular, television or telephone communications. Travel Trailer / Recreational Vehicle: A vehicular, portable Structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, or vacation purposes. This includes pickup 1.34 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS campers, converted trucks, converted buses, converted automobiles, tent or pop -out campers, tents, or other short-term housing or shelter arrangements. Two -Family Residence: See Section 1.1, Residential Use. Type: A category determined by Function, disposition, and configuration, including size or extent, such as Thoroughfare types, Civic Space Types, etc. Unity of Title: A written agreement executed by and between a property owner and the City whereby the property owner for a specified consideration by the City agrees that the Lots and or parcels of land constituting the Building site shall not be conveyed, mortgaged and or leased separate and apart from each other and that they shall be held together as one (1) tract. Such Unity of Title shall be recorded in the Public Records of Dade County, Florida and shall run with the land and shall be binding upon the property owner(s), their successors and assigns. See Article 7, Section 7.1.7. Acovenant in lieu of Unity of Title is acceptable in situations where a unified lot is required by this Code, but a Unity of Title is not practical due to different ownership. Such covenant must conform to all of the requirements of Article 7, Section 7.1.7.6 of this Code. The terms Unity of Title and covenant in lieu of Unity of Title shall be interchangeable for purposes of this Code. Urban Center Zone or T5 Zone: See Article 4, Table 1. Urban Core Zone or T6 Zone: See Article 4, Table 1. Urban Design: Form, in terms of both beauty and function, of urban areas. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban plan- ning, architecture, landscape architecture, and traffic engineering. Urban Form: The spatial arrangement of a particular environment, as defined by the connectivity of built mass and form, the natural environment, and the movement of persons, goods and information within. Use: The purpose or activity for which land, water or Buildings are designed, arranged, or intended, or for which land or Buildings are occupied or maintained. USGBC: United States Green Building Council. Variance: Permit approved pursuant to the requirements of Article 7. Vehicle Rental Facility: An establishment where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions nec- essary for the short term lease of such vehicles. See Article 6. Verge: The space between the Sidewalk and the Curb. Vessel:Anywatercraft, power -driven or not, mobile or stationary, surface, subsurface or hydrofoil, including but not limited to ships, boats, houseboats, air boats, and sea planes, but excluding Floating Structures. 1.35 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Vessel, Commercial: Avessel built, altered, or used forthe principal purpose of engaging in water -related commercial activity, including but not limited to charter boats, fishing boats, cruise ships, and freighters. Vessel, Private Pleasure Craft: A vessel which is privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels. For regula- tory purposes, private pleasure craft are divided into two (2) classes: Minor: Under sixteen (16) feet in length; Major: Sixteen (16) feet and over in length. Private pleasure craft may or may not contain facilities qualifying them Residential Use. Where they do contain such facilities, Use within the City limits shall be governed as provided in this Code and other applicable regulations. View Corridor: An axial view terminating on a natural or historical feature. Visibility, Material impediment to: Any material obstruction to visibility that would result in conceal- ment of a child more than two and one-half (2 1 /2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determining whether a mate- rial Impediment exists to visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. Visibility Triangle: See Article 4, Table 8. Waiver: Permit approved pursuant to the requirements of Article 7. Warrant: Permit approved pursuant to the requirements of Article 7. Workforce Housing: See Article 3, Section 3.14. Workforce Housing: Workforce housing shall mean a Dwelling Unit, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 60 percent to 140 percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Work -Live: See Section 1.1, Residential Use 1.36 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS 1.3 DEFINITIONS OF SIGNS Notwithstanding definitions in this Code referring to Lot Frontage, for the purpose of regulating the number of Signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a Lot. Except as otherwise provided, any Sign bearing advertising matter shall be considered an Advertising Sign for the purposes of this Code. For purposes of this Code, and notwithstanding the definition of Structure generally applicable in this Code, any trailer or other vehicle, and any other device which is readily movable and designed or used primarily for the display of Signs shall be construed to be a Sign Structure, and any Signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations applying in the Transect in which displayed. Address Sign: Signs limited in subject matter to the street number or postal address of the property, the names of occupants or the name of the property. Aggregate Area: The total area allowed for all Sign types to be placed along a Building Frontage. Awning or Canopy Sign: A Sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning or other fabric protrusion above or around a window, door or other opening on a Facade. Animated Sign: A Sign which has any visible moving parts, flashing or oscillating lights, visible me- chanical movement of any description, or other apparent visible movement achieved by any means that moves, changes, flashes, oscillates or visibly alters in appearance. Banner Sign: A Sign made from flexible material suspended from a pole or poles, or with one (1) or both ends attached to a Structure or Structures. Where Signs are composed of strings of banners, they shall be construed to be Pennant or Streamer Signs. Billboard: See City Code Chapter 62 Building Identification Sign: Any Sign containing the name of the Building, institution, person, or the activity carried on in the Building. Business Identification Sign: Any Sign used to identify an establishment within a Structure or its premises limited to the name, activity or hours of operation. Changeable Copy Sign: A Sign or portion thereof on which the copy or symbols change or rearrange, electronically or otherwise, without altering the face or surface of the sign, or manually through place- ment of letters or symbols on a panel mounted in or on a track system. 1.37 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Class (temporary Signs): Any Sign(s) erected on a temporary basis, such as Signs advertising the sale or rental of the premises on which located; Signs advertising a subdivision of property; Signs advertising construction actually being done on the premises on which the Sign is located; Signs advertising future construction to be done on the premises on which located; and Signs advertising special events, such as carnivals, concerts, public meetings, sporting events, political campaigns or events of a similar nature. Class B (point of sale Signs): Any sign advertising, identifying or designating the use, occupant of the premises, merchandise, or entertainment event and products sold on the premises, shall be deemed to be a point of sale sign (Class B) and shall be located on the same premises whereon such is situated or the products sold. Class C (commercial advertising Signs): Any Sign which is used for any purpose other than that of advertising to the public the legal or exact firm name of business or other activity carried on at the premises, or for advertising any service or product or products actually and actively being offered for sale on the premises, or which is designed and displayed solely to offer for sale or rent the premises, or to advertise construction being done, or proposed to be done, on the premises, or to advertise special events, shall constitute a class C sign. Directional, Notice, or Warning Sign: A Sign which guides or directs the public and contains no ad- vertising. Signs limited to providing notice concerning posting of property against trespassing, directing deliveries or indicating location of entrances, exits or parking on public or private property; indicating location of buried utilities, warning against hazardous conditions; prohibiting salesman, peddlers, or agents, and the like. Display Surface: The surface upon, against or through which a Sign copy is displayed or illustrated, not including structural supports, Architectural Features of a Building or Sign Structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the Sign copy is displayed by a distinct delineation, such as reveal or border. Freestanding Sign: Any Sign not attached to or painted on a Building, but which is mounted on one (1) or more columns, poles, or braces permanently attached to the ground. Permanently attached as used herein shall mean that the supporting Structure of the Sign is attached to the ground by a concrete foundation. Hanging Sign: A projecting Sign suspended vertically from and supported by the underside of a canopy, marquee, awning or from a bracket or other device extending from a Structure. Historic Sign: See Chapter 23, Section 23.6.4 of City Code. Home Office Sign: A Sign containing only the name and occupation of a permitted Home Office. Illuminated Sign: A Sign illuminated in any manner by an artificial light source. Where artificial lighting that makes the Sign visible is incidental to general illumination of the premises, the Sign shall not be construed to be an Illuminated Sign. 1.38 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Indirectly Illuminated Sign: ASign illuminated primarily by light directed toward or across it or by back- lighting from a source not within it. Sources of illumination for such Signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs depending on automobile headlights for an image in periods of darkness shall be construed to be Indirectly Illuminated Signs. Internally (or Directly) Illuminated Sign: A Sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Kiosk: A small stand-alone structure used to provide information and services. Media Tower: A Structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media as per Chapter 62 of the City Code. Menu Board Sign: A Changeable Copy Sign for the purpose of displaying a menu selection or pricing board for food service drive -up windows. Monument Sign: Any Sign not attached to or painted on a Building, but which is mounted on a wall or Structure and permanently attached to the ground. Permanently attached as used herein shall mean that the supporting Structure of the Sign is attached to the ground by a concrete foundation. Monument Sign Structure shall bear no visible freestanding poles. Mural: See City Code Chapter 62. Number Of Signs: Signs shall be comprised of individual letters, figures or elements on a wall or similar surface of the Building or Structure. The area and dimensions of the Sign shall encompass a regular geometric shape, or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the Display Surface, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single Sign, and are separated by open space, the Sign Area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the Sign Area, including the space between different elements. Pennant or Streamer Sign: Signs made up of strings of pennants, or composed of ribbons or stream- ers, and suspended over open premises or attached to Buildings. Portable Sign: Signs not permanently affixed to a Building, Structure or the ground (A -frame, inverted T-frame, wheeled, and the like) and can be removed without tools. Projecting Sign: Any Sign which has an independent Structure, which is attached to the Building wall, and has a Sign display surface in a plane parallel or perpendicular to or approximately parallel or per- pendicular to the Building wall. 1.39 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Revolving or Rotating Sign: See Animated Sign. Roof Sign: A Sign affixed in any manner to the roof of a Building, or a Sign mounted in whole or in part on the wall of the Building and extending above the eave line of a pitched roof or the roof line (or parapet line, if a parapet exists) of a flat roof. Sign: Any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary Sign designed to advertise, identify or convey information. Signs located within the interior of a Building that are visible from the public right-of-way shall be subject to Sign regulations. The following are specifically excluded from this definition of "Sign:" • Governmental Signs and legal notices. • Signs not visible beyond the boundaries of the Lot or parcel upon which they are located, or from any public right-of-way. • Signs displayed within the interior of a Building which are not visible from the exterior of the Building. • National flags and flags of political subdivisions. • Weather flags. • Address numbers, provided they do not exceed two square feet in area. • Signs located in the public right-of-way which shall be governed by Chapter 54 of the City Code. Sign Area: Signs shall be comprised of individual letters, figures or elements on a wall or similar surface of the Building or Structure. The area and dimensions of the Sign shall encompass a regular geometric shape, or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the Display Surface, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single Sign, and are separated by open space, the Sign Area and dimensions shall be calculated by determining the geometric form, or combi- nation of forms, which comprises all of the Sign Area, including the space between different elements. Sign Structure: A Structure for the display or support of Signs. Special Sign Package: See Article 10, Section 10.3.6 Vehicle Sign: Atrailer, automobile, truck, or other vehicle used primarily for the display of Signs (rather than a Sign display incidental to use of the vehicle for transportation). Wall Sign: Any Sign attached, painted or projected on the wall of a Building or Structure, and erected parallel to the face of a Building, and supported throughout its length by such Building and which displays 1.40 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS only one (1) advertising surface. Window Sign: A Sign painted, attached or affixed in any manner to the interior or exterior of a window which is visible, wholly or in part, from the public right-of-way. 1.41 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS 1.4 DEFINITIONS OF LANDSCAPE REQUIREMENTS The definitions contained in Section 1.2 of this Code shall apply except as otherwise changed herein: Automatic Irrigation System: An irrigation system with programmable controller or timing mechanism. Buffer, perimeter landscape: An area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts. Caliper: For trees under four (4) inches in diameter, the trunk diameter measured at a height of six (6) inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diameter measured at twelve (12) inches above natural grade. Clearance pruning: Pruning required to avoid damage or danger related to structures, power distribu- tion and property, as defined in the current ANSI A300 Standards. Controlled plant species: Those plant species listed in the Landscape Manual which tend to become nuisances because of their ability to invade proximal native plant communities or native habitats, but which, if located and cultivated properly may be useful or functional as elements of landscape design. Diameter at breast height (DBH): Diameter of a tree's trunk measured at a height four and one-half (4.5) feet above natural grade. In the case of multiple -trunk trees, the DBH shall mean the sum of each trunk's diameter measured at a height of four and one-half (4.5) feet above natural grade. Differential operation schedule: A method of scheduling an irrigation system to apply different quanti- ties of water, and/or apply water at different frequencies as appropriate, for different hydrozones. Dissimilar land uses: Proximate or directly associated land uses which are contradictory, incongru- ous, or discordant such as higher intensity residential, commercial or industrial uses located adjacent to lower intensity uses. Drip Line: An imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground. Emitters: Devices which are used to control the discharge of irrigation water from lateral pipes. Energy conservation zone: A zone located no more than twenty-two (22) feet from a structure in a one hundred eighty (180) degree band from due east of the northeast point of the structure, to due south, to due west of the northwest point of the structure. Environmentally Endangered Lands: Lands that contain natural forest, wetland or native plant com- munities, rare and endangered plants and animals, endemic species, outstanding geologicorothernatural 1.42 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS features, or land which functions as an integral and sustaining component of an existing ecosystem. Existing development: Existing development shall mean a site with structures that were legally ap- proved through the issuance of a certificate of use or certificate of occupancy as of the effective date of this chapter. Facultative: Plants with a similar likelihood of occurring in both wetlands and uplands, which are not recognized indicators of either wetland or upland conditions. Florida Friendly Landscaping: Describes best practices, materials or actions developed by the Florida Yards & Neighborhood Program that help to preserve Florida's natural resources and protect the environment. Florida Yards & Neighborhood Program: Is a partnership of the University of Florida/Institute of Food and Agricultural Sciences, Florida's water management districts, the Florida Department of Environmental Protection, the National Estuary Program, the Florida Sea Grant College Program and other agencies, managed locally by the Miami -Dade Cooperative Extension Division of the Consumer Services Depart- ment. Forbs: Herbaceous plants other than grasses. Geologic feature: A natural rock or mineral formation. Graywater: That portion of domestic sewage emanating from residential showers, residential bathroom washbasins, or residential clothes washing machines. Ground cover: A dense, extensive growth of low -growing plants, other than turfgrass, normally reach- ing an average maximum height of not more than twenty-four (24) inches at maturity. Hatrack: The reduction of tree size using inter -nodal cuts without regard to tree health or structural integrity. Hazard pruning: The removal of dead, diseased, decayed, or obviously weak branches two (2) inches in diameter or greater. Head: A sprinkler head that provides above ground or overhead irrigation. Heat island: An unnaturally high temperature microclimate resulting from radiation from unshaded impervious surfaces. Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily of the same species. Herbaceous plant: A plant having little or no woody tissue. 1.43 MIAMI 21 AS ADOPTED - JANUARY 2018 Hydromulch: A sprayed application of seed, mulch and water. ARTICLE 1. DEFINITIONS Hydrozone: A zone in which plant material with similar water needs are grouped together. Included bark: Bark that is pushed inside a developing crotch, causing a weakened structure. Irrigation detail: Agraphic representation depicting the materials to be used and dimensions to be met in the installation of the irrigation system. Irrigation plan: A plan drawn at the same scale as the landscape plan, indicating location and specifi- cation of irrigation system components and other relevant information as required by this chapter. Irrigation system: A system of pipes or other conduits designed to transport and distribute water to keep plants in a healthy and vigorous condition. Landscape feature: Trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking, patio, decorative paving, gazebo and other similar elements. Landscape Manual: An illustrative interpretation of the standards provided in this code and suggested guides for landscaping in accordance with these standards. Includes native and non-native plant lists. The manual is developed by the Miami -Dade County Department of Planning and Zoning and adopted by resolution of the Board of County Commissioners. Landscape material: Plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees and non- living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials. Landscape plan: A plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, and details, and all other relevant information in compliance with this article. Lawn area: An area planted with lawn grasses. Manual irrigation system: An irrigation system in which control valves and switches are manually operated rather than operated by automatic controls. Moisture and rain sensor switches: Devices which have the ability to switch off an automatic irrigation controller after receiving a predetermined amount of rainfall or moisture content in the soil. Mulch: Materials customarily used in landscape design to retard erosion, weed infestation, and retain moisture and for use in planting areas. Native habitat: An area enhanced or landscaped with an appropriate mix of native tree, shrub and 1.44 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS groundcover species that resembles a native plant community or Natural Forest Community in structure and composition or is naturally occurring. Natural Forest Community: All assemblages of vegetation designated as Natural Forest Communi- ties on the Miami -Dade County Natural Forest Community Maps and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84 and further defined in Section 24-5 of the Miami - Dade County Code. Native plant community: A natural association of plants dominated by one (1) or more prominent na- tive plant species, or a characteristic physical attribute. Native plant species: Plant species with a geographic distribution indigenous to all or part of Miami - Dade County. Plants which are described as being native to Miami -Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela, are native plant species within the meaning of this definition. Plant species which have been introduced into Miami -Dade County by man are not native plant species. Planting detail: Agraphic representation of the plant installation depicting the materials to be used and dimensions to be met in the placement of plants and other landscape materials. Prohibited plant species: Those plant species listed in the Miami -Dade County Landscape Manual which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare. Shrub: A self-supporting woody perennial plant normally growing to a height of twenty-four (24) inches or greater, characterized by multiple stems and branches continuous from the base. Site plan: A comprehensive plan drawn to scale indicating appropriate site elevations, roadways, and location of all relevant site improvements including structures, parking, other paved areas, ingress and egress drives, landscaped open space and signage. Specimen tree: A tree with any individual trunk or a multiple trunk tree, the sum of the diameter trunks having a diameter at breast height (DBH) of eighteen (18) inches or greater. This excludes the following: 1. Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangos, avocados, or species of citrus; 2. Non-native species of the genus Ficus; and 3. All trees in the palm family. Spray head: An irrigation device which applies water to the soil or plant surface by fixed spray or mist nozzles. Sprinkler Head: A sprinkler head that provides above ground or overhead irrigation. 1.45 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS Stabilized lawn area: An area of ground underlain with structural support in the form of grass pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks and garbage trucks. Stormwater retention/detention area: An area designed, built and used for temporary storage of stormwater. For purposes of this chapter, these areas are intended to be permanently exempt from wetland regulations. Street Tree Master Plan: A greenprint for Miami -Dade County as adopted by the Board of County Commissioners on March 6, 2007 and as revised from time to time and the City of Miami Tree Master Plan, as adopted by the City Commission on February 22, 2007. Tree abuse: Tree abuse shall include: Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application or spillage, or change to the natural grade; Hatracking; Girdling or bark removal of more than one-third (1/3) of the tree diameter; Tears and splitting of limb ends or peeling and stripping of bark resulting from improper pruning techniques not in accordance with the current ANSI A300 Standards and/or excessive root cutting. Tree canopy: The aerial extent of the branches and foliage of a tree as defined by the drip line. Temporary irrigation systems: A system including surface distribution elements (hose, pipe, etc.) which may be easily removed when landscape is established. Understory: The complex of woody, fibrous, herbaceous, and graminoid plant species that are typically associated with a Natural Forest Community, native plant community, or native habitat. Vegetation required to be preserved by law: Portions of a site, including but not limited to specimen trees, Natural Forest Communities and native vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or in some other legally binding manner that are to be protected from any tree or understory removal or effective destruction and maintained without any development. Vegetation survey: Adrawing provided at the same scale as the landscape plan which includes relevant information as required by this chapter. Vehicular use area: A hard surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles. Vine: A plant with a flexible stem which normally requires support to reach mature form. Xeriscape: A landscaping method that employs drought tolerant plants in an effort to conserve re- sources, especially water. 1.46 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS 1.5 DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM For the purposes on this Code, the following words and phrases shall have the following meanings: Art: Tangible creations by Artists which include all forms of the visual Arts conceived in any medium material, or combination thereof, including, but not limited to, paintings; sculptures; engravings; carvings; frescos; stained glass; mosaics; mobiles; tapestries; murals; photographs; video projections; digital im- ages; bas-relief; high relief; fountains; kinetics; collages; drawings; monuments erected to commemorate a person or an event; functional furnishings, such as Artist designed seating and pavers; Artist designed architectural elements; and Artist designed landforms or landscape elements. The following shall not be considered as Art for the intents and purposes of this Code: • Reproductions or unlimited copies of original pieces of Art; • Directional elements such as Signage; • Objects which are mass-produced; or • Works that are decorative, ornamental, or functional elements of the architecture or landscape de- sign, except when commissioned from an Artist as an integral design aspect of a Structure or site. Art in Public Places Board ("AIPPB"): The entity appointed by the City Commission to aid in the administration of the Public Art Program. The AIPPB shall have the power to make decisions regarding dedications, donations, and acquisitions of Art to fulfill the requirements as prescribed in Article 11 of this Code and Chapter 62 of the City Code. Reference to approval by the AIPPB of this Code shall mean approval at a duly noticed public meeting. Artist: A practitioner exhibiting the highest quality of skill and aesthetic principles in the visual Arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as an Artist include, but are not limited to, income realized through the sole commission of Art, frequent or consistent Art exhibitions, placement of Art in public institutions or museums, receipt of honors, and awards or training in the Arts. Construction Cost: The total value of the construction of, or reconstruction work on, Structures as de- termined by the City's Building Official in issuance of a Building permit for construction, reconstruction, or remodeling. Costs such as that of land acquisition, architectural design, consultants, and engineering fees are not Construction Costs. Developer: The property owner, including the property owner's successors and assigns, of the subject development project. Durable: Lasting, enduring and highly resistant to deterioration due to weather or the passage of time. Government Development Project: Any Development initiated by a government agency, as defined in Article 1 of this Code and Section 2-11.15 of the Miami -Dade County Code, as amended, including remodeling, construction, or redevelopment, which requires a Building permit or permits as described on the precise plan submitted for approval to the City. For purposes of this Article, Government Devel- opment Projects shall also include: • Private Sector Capital Development on land own by the government or on private land with the Structure owned by the government. • Development projects done through agreements with a private entity, including but not limited to 1.47 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS leases or development agreements (i.e. the government contracts with another party to develop a Structure that the government will own now or in the future). • All development projects funded or partially funded by General Obligation Bond ("GOB") dollars. Historic Resource: A property or resource that has been designated historic pursuant to Chapter 23 of the City Code or is listed in the National Register of Historic Places. Life Cycle: The natural deterioration time period for a piece of Art. Art created under this Section is meant to be Durable and shall have a Life Cycle of at least twenty-five (25) years when properly designed or created by the Artist and maintained, conserved, and repaired. Art reaches the end of its Life Cycle when the Artist, Artist's estate, or a qualified Art conservator verifies that the Art has deteriorated such that the Art cannot reasonably be maintained, conserved, or repaired. Project Cost: The total of specialty consulting fees; Construction Cost, including all systems and fea- tures that make the facility functional; site work; and contingency allowances and allowance accounts (e.g. permitting, surveying, inspections) for the Government Development Project. Project Cost shall not include the cost of land acquisition or subsequent cost changes to the construction or architectural contract(s) for the Government Development Project, including phased projects and all elements of an approved Government Development Agreement. The total Project Cost shall be calculated as of the date the contract for the construction is executed. The Developer shall provide Project Cost information and in the absence of such information or if a dispute arises regarding the submission of such information, the Project Cost shall be based upon the value of the Structure as computed using the latest Structure valuation data as set forth by the International Conference of Building Officials ("ICBO") together with estimated design services fees. Public Art Fee: See Sections 11.4(b) and 11.6(a). Public Art Fund ("Fund"): A separate, interest bearing account set up by the City with the sole purpose of receiving monies designated for the Public Art Program or to fulfill the requirements set forth in Article 11 of this Code and Chapter 62 of the City Code. Public Art Master Plan: A plan adopted by the City Commission, pursuant to a recommendation by the AIPPB, which shall identify Public Place locations for Art and establish a priority order to the City Com- mission, and which shall be amended, as needed, to ensure that the Public Art Master Plan and the Public Art Program as a whole remain coherent and consistent with the intents and purposes for which Article 11 of the Code was adopted. Public Art Program Guidelines: A set of standards, criteria, policies, and procedures related to the submission, donation, dedication, consideration, and acceptance of Art, which shall be adopted by the City Commission, and amended as necessary, to ensure that the PublicArt Program Guidelines and the Public Art Program as a whole remain coherent and consistent with the intent and purposes for which Article 11 of this Code was adopted. Public Place: Any exterior area on Public property, and shall also mean any private property within the City limits, which is easily accessible or clearly visible to the general public from adjacent Public property including, but not limited to, a street, Public Thoroughfare ,Sidewalk, cross Block vehicular or pedestrian Passage, or Pedestrian Paseo. Remodeling: Any change to the facade of a Structure, any change to the interior of a Structure, any increase or decrease in the Floor Area of a Structure, or any change to exterior improvements. 1.48 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 2.A MIAMI 21 ATLAS 11.5 2.1 PURPOSE AND INTENT 11.7 2.2 APPLICABILITY 11.11 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 11.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS Amendments To Article 2 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13235 11-18-2010 Minor and non -substantial modifications throughout the Code 10-00956zt 11.3 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 11.4 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS 2.A MIAMI 21 ATLAS The Official Miami 21 Atlas is maintained in the Office of the City Clerk. ine4OND rug! 'Annul n Ti GO4}MIA Ley T% uANVI tfM•#K 714. UMW OM. 1 c.ir JinV:4CA.[ . I674' mau•robiat I. 76]y' LININm colt MAT j L'l cow emu HAL1 >!7 PINIr2TAL . ft .wm¢ .Iftrrdc V . G anc.+Itlru-Ray I. Emil WC NIP t I- i.4,M mew Pk FERKTKI L • twl,(v QPPII 11.5 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 11.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS 2.1 PURPOSE AND INTENT 2.1.1 Title and Purpose a. This Code shall be known as the Miami 21 Code of the City of Miami, Florida. This Code is de clared to be in accord with the Miami Comprehensive Neighborhood Plan, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes (the "Comprehensive Plan"). A primary purpose of this Code is to implement the Comprehensive Plan. b. It is further the purpose of the Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation protection of the environment; conservation of land, energy and natural resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and improvement of the built environment and human habitat. c. To further the goals and objectives of the Comprehensive Plan and the purpose of this Code, the City is divided into Transect Zones ("T Zones") of such number, characteristics, area, common unity of purpose, adaptability, or use as will accomplish the goals and objectives of the Compre- hensive Plan and this Code. 2.1.2 Intent The Miami 21 Code is intended to advance the interests of both conservation and development while responding to the existing conditions of the City, its regional context, and its natural features, infrastructure and Buildings. a. The conservation goals include: 1. Preserving Neighborhoods, Historical Resources and the natural environment 2. Improving the relationship between low Density Residential neighborhoods and adjacent Commercial Corridors with appropriate transitions of Density and Height following the theory of the Transect 3. Increasing access to the natural environment through the Baywalk, the Riverwalk, the north -south Greenway, and new Parks 4. Conserving energy and reducing carbon dioxide emissions through improved Thoroughfare connectedness to encourage walkability, bicycling and transit use 5. Increasing tree canopy 6. Encouraging green Buildings 11.7 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS b. The development goals include: 1. Maintaining the future growth capacity of the City core to ensure its preeminence as the transit -oriented, pedestrian -friendly focus for the region's economic, civic and cultural activi- ties 2. Rebuilding the City's commercial Corridors to function as Mixed -Use, transit -oriented, walk- able centers for adjacent Residential Neighborhoods 3. Ensuring that private Development contributes to increased infrastructure capacity, and through building embellishes a pedestrian -friendly public realm of highest ambient quality 4. Establishing a rational process for successional growth in areas identified for density and growth 2.1.3 Transect Principles The Miami 21 Code is intended to encourage the evolution of a settlement pattern based on the organizational principles of the Transect. The Transect is defined as a geographical cross-section that reveals a sequence of environments. Applied to the human or the built environment, the Transect is used to identify and organize a continuum of the physical environment ranging from the least to the most urban. Transect planning creates coordinated, integrated and harmonious environments, based on the ar- rangement of all the components to support locational character. Within the range of urban contexts, each different type of location, called a Transect Zone, has development Function, Intensity and Disposition appropriate to the location, and integrates the details of the corresponding public realm. To ensure this integration, the Miami 21 Code controls development on Lots as well as establishes guidelines for the detailing of public right-of-way. For example, narrow streets with open swales find their place in neighborhoods of suburban character, while wide streets with tree lined sidewalks ac- company Commercial Development in more intense urban areas. The Transect encourages the making of places that build on historic character and that evolve over time. This evolution, with the principles enumerated below guiding growth or reduction in Density and Intensity, is called succession. Successional change emerges from a vision of the larger urban context and appropriate transitions across Transect Zones. The City of Miami's urban context is comprised of a series of Neighborhoods, Corridors, urban centers, and Districts, each with its own arrangement of Transect Zones. In all cases the goal of transit -oriented, pedestrian -friendly, Mixed -Use urbanism shall guide the arrangement of Transect Zones, Thoroughfares, Buildings and landscape. The specific design of each component should be appropriate to its Transect Zone, as provided in this Code. Transect Zones are sequential in Intensity: successional zoning changes shall only be permitted sequentially and respecting transitions across Abutting Transect Zones as provided in Article 7. Transect Zones manifest a range of responses to natural and urban conditions. As described in Article 5, Transect Zones T1, T2 and T3, the least urban, emphasize the presence of the natural 11.8 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS environments. Transect Zones T4, T5 and T6, D1, D2 and D3 prioritize the built environment. Specific to Natural (T1), Rural (T2) and Sub -Urban (T3) Zones, impermeable surface shall be mini- mized and confined to the ratio of Lot Coverage by Building specified in Article 5. To the extent not inconsistent with applicable state or federal law, storm water management on Thoroughfares may be accomplished through retention and percolation, channeled by curbside swales, or through un- derground storm drainage channeled by raised curbs. Specific to General Urban (T4), Urban Center (T5) and Urban Core (T6) Zones, to the extent not inconsistent with applicable state or federal law, the continuity of the urbanized areas should transi- tion to take precedence over the natural environment, except Parks, recreation and natural features. Storm water management on Thoroughfares and Lots shall be implemented primarily through un- derground storm drainage channeled by raised curbs, and there shall be no retention or detention required on the individual Lots. Impermeable surface shall be confined to the ratio of Lot Coverage by Building specified in Article 5. 2.1.3.1 The City - Guiding Principles a. The City should retain its natural infrastructure and visual character derived from its location and climate, including topography, landscape and coastline. b. Growth strategies should encourage Infill and redevelopment. c. New Development should be structured to reinforce a pattern of Neighborhoods and urban cen- ters, focusing growth at transit nodes rather than along Corridors. d. Transportation Corridors should be planned and reserved in coordination with land Use. e. Green Corridors should be encouraged and developed to enhance and connect the urbanized areas. f. The City should include a framework of transit, pedestrian, and bicycle systems that provide alternatives to automobile use. g. A diversity of land use should be distributed throughout the City to enable a variety of economic activity, workplace, residence, recreation and civic activity. h. Affordable and Workforce Housing should be distributed throughout the City to match job op- portunities and to avoid concentrations of poverty. i. The City should expand and enhance transit opportunities and connections throughout the City. 2.1.3.2 The Community - Guiding Principles a. Neighborhoods and urban centers should be the preferred pattern of Development and Transect Zones emphasizing single use should be the exception. b. Neighborhoods and Urban centers should be compact, pedestrian -oriented and Mixed -Use. Density and Intensity of Use should relate to degree of transit service. 11.9 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS c. The ordinary activities of daily living should occur within walking distance of most dwellings, al- lowing independence to those who do not drive. d. Interconnected networks of Thoroughfares should be designed to disperse and reduce the length of automobile trips and to encourage walking and bicycling. e. A range of Open Space, including Parks, Squares and Playgrounds, should be distributed within Neighborhoods and urban centers. f. Appropriate building Densities and land uses should occur within walking distance of transit stops. g. Civic, Institutional and Commercial activity should be embedded in Mixed -Use urban centers, not isolated in remote single -use complexes. h. Schools should be located to enable children to walk or bicycle safely to school. New schools should not be located on primary Thoroughfares. i. Within Neighborhoods, a range of housing types and price levels should accommodate diverse ages and incomes. 2.1.3.3 The Block and the Building - Guiding Principles a. Buildings and landscaping should contribute to the physical definition of Thoroughfares as civic places. b. Development should adequately accommodate vehicles while respecting the pedestrian and the spatial form of public space. c. The design of Thoroughfares and Buildings should reinforce safe environments, but not at the expense of accessibility. Designs should incorporate principles of Crime Prevention Through Environmental Design (CPTED). d. Architecture and landscape design should grow from local climate, topography, history, and building practice. e. Buildings should allow their inhabitants to experience the geography and climate through energy efficient design. f. Civic Buildings and public gathering places should be located to reinforce community identity and support self-government. g. Civic Buildings should be distinctive and appropriate to a role more important than the other Buildings that constitute the fabric of the City. h. Preservation and renewal of historic resources should be facilitated to affirm the continuity of the community. 11.10 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS i. Harmonious and orderly change and Development of urban areas should be enabled through a form -based zoning code that guides and regulates change. 2.2 APPLICABILITY 2.2.1 Generally 2.2.1.1 This Code replaces the Zoning Ordinance for the City of Miami, also known as Ordinance 11000 except that Section 627, "SD-27 Midtown Special District" is hereby retained and incorporated as Appendix C hereto and all provisions of Ordinance 11000 referred to in Section 627 shall be applied to Midtown Special District, providing however that within the SD-27 Special District the Planning, Zoning and Appeals Board and procedures related to appeals thereto set out by this Miami 21 Code shall replace the Zoning Board and procedures related to appeals thereto in Ordinance 11000. Furthermore, Section 616.3, "Miami WorldCenter" is hereby retained and incorporated as Appendix D hereto and all provisions of Ordinance 11000 referred to in Section 616.3 shall be applied to Miami WorldCenter, providing however that within the Miami WorldCenter the Planning, Zoning and Ap- peals Board and procedures related to appeals thereto set out by this Miami 21 Code shall replace the Zoning Board and procedures related to appeals thereto in Ordinance 11000. 2.2.1.2 Miami 21 Atlas a. The Miami 21 Atlas is the official Zoning Atlas for the City of Miami. The boundaries of all Transect Zones and the Transect designation are shown on the series of map sheets that compose the Miami 21 Atlas. The Miami 21 Atlas may be supplemented by additional layers or separate maps to the Atlas sheets, where the scale generally applicable to the Atlas sheets does not adequately show the details of boundaries or designations necessary to the particular area. b. The Miami 21 Atlas, together with all adopted explanatory and supplemental material shown therein, is hereby adopted by reference and shall be part of this Code. The Official Zoning Atlas as adopted by Ordinance 11000 for the same area is hereby repealed. c. The Miami 21 Atlas, and any amendments thereto, shall be maintained in the office of the City Clerk, and a certified copy of the Miami 21 Atlas shall be maintained at the Planning Department. Each Atlas sheet or supplemental element thereto shall be authenticated by the signature of the Mayor of the City, attested by the signature of the City Clerk of the City, and shall bear the seal of the City. d. Any proposed amendment to the Miami 21 Atlas shall be identified by reference to the Atlas sheet or supplement involved, in addition to a legal description of the property or such other information as is required to make specific the application of the amendment. Any unauthorized changes to the Miami 21 Atlas shall be considered a violation of this Code and punishable as provided by law. 2.2.1.3 This Code affects all lands, water, Structures, Uses, and occupancies within the area of the City of Miami shown on the Miami 21 Atlas. No Building, Structure, land or water shall be used or occupied, MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS no land shall be subdivided and no Building, Structure, land or part thereof shall be developed except in conformity with the Transect regulations in which it is located and with all applicable regulations in this Miami 21 Code. 2.2.2 Conflicts Where the requirements of this Miami 21 Code vary with the applicable requirements of any law, statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern. 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. 2.2.3 Pending Actions and Development Approvals The effective date of this Miami 21 Code shall not affect nor prevent the prosecution of any action pending at the time of the effective date of this Code, which action is to enforce Ordinance 11000, or the conditions of any development order adopted under Ordinance 11000. The conditions of a development approval under Ordinance 11000 shall continue in full force and effect unless a new approval is obtained, at which time the development shall come into conformance with these regula- tions if required under Article 7, Section 7.2 "Nonconformities" of this Code. 2.2.4 Rules of Construction 2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall be the minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. 2.2.4.2 The following general rules of construction shall apply to the text of this Code: a. Headings. Section and subsection headings shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Miami 21 Code. b. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control, unless the intent of the Code is clearly otherwise. c. Terminology: Shall, may and should. "Shall" is always mandatory and not permissive. "May" is permissive. "Should" is advisory and identifies guidance provided by the City Commission in the implementation of these regulations. d. Tenses and numbers. Words used in the present tense include the future, words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. 11.12 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS e. Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items or provisions shall apply. 2. "Or" indicates that the connected items or provisions may apply singly or in any combination. 3. "Either/or" indicates that the connected items or provisions shall apply singly but not in com- bination. f. Gender. Use of the masculine gender includes the feminine gender and use of the feminine gender includes the masculine. g. Any act authorized by this Code to be carried out by a specific official or agency of the City is impliedly authorized to be carried out by a designee of that official or agency. h. Any reference to federal laws, Florida Statutes, Florida Administrative Code, Miami -Dade County Code, or any other official code shall be construed to be a reference to the most recent enact- ment of the particular law, and shall include any amendments to it as may be adopted from time to time. i. Capitalized terms in Articles 2 - 9 refer to Article 1 Definitions. 2.2.4.3 Calculations a. Rounding. Where cumulative requirements or limitations are to be computed for purposes of this Code, fractions shall be carried forward in the summation, and the total rounded to the nearest whole number, subject to existing minimum Lot sizes and maximum Densities or Intensities of development required by the regulations of this Miami 21 Code. b. Time. The time within which an act is to be done shall be computed by excluding the first and including the last day, except that if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. 2.2.5 Transect Zone Boundaries 2.2.5.1 Except as otherwise specifically provided, a Transect symbol or name shown within Transect boundaries in the Miami 21 Atlas indicates that regulations pertaining to the Transect Zone extend throughout the whole area surrounded by the boundary line. 2.2.5.2 Except as provided in Section 2.2.5.3, where a Transect Zone designation is not indicated for an area in the Miami 21 Atlas, the area shall be construed to be zoned as for the most restrictive Abut- ting Zone, until corrective action shall be taken by the City Commission. 2.2.5.3 Where uncertainty exists as to the location of the boundary of a Transect Zone, or other areas de- lineated for regulatory purposes in the Miami 21 Atlas, the following rules shall apply: a. Boundaries indicated as approximately following the centerlines of streets, alleys, rights -of -way, or Easements shall be construed as following such centerlines as they exist on the ground. 11.13 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 2. GENERAL PROVISIONS b. Boundaries indicated as approximately following boundaries of Thoroughfares, public or private Property Lines, Rights -Of -Way, or Easements shall be construed as following such boundaries. Provided, however, that where such boundaries are so located with relation to other opposing boundaries as to leave such areas without apparent zoning designation, such boundaries shall be construed as running to the centerlines of the areas remaining. c. Boundaries indicated as approximately following mean high water lines or centerlines of streams, canals, lakes, bays, or other bodies of water shall be construed as following such mean high water lines or centerlines. In the case of a change in mean high water line, the boundary shall be construed as moving with the change. d. Where variation of the actual location from the mapped location would change the zoning status of a Lot or parcel, the boundary shall be interpreted so as to avoid the change. e. In the event of vacation, the boundary shall be construed as remaining in its location, except where ownership of the vacated property is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. 2.2.5.4 Boundaries indicated as approximately following City limits shall be construed as following such City limits. Where property previously within the City is removed from its limits, the zoning boundaries involved shall be construed as moving to conform to the change in City limits. Where property previ- ously located outside the City is annexed, zoning boundaries shall not be construed as moving with City limits. In such cases, the City may receive and process permit applications for the property, but no permit shall be issued until the City Commission shall have rezoned the property to establish its zoning status and the permit is found to be in accord with the zoning. 2.2.5.5 Boundaries indicated as entering any body of water, but not continuing to intersection with other Transect boundaries or with the City limits, shall be construed as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or with the City limits. 2.2.5.6 Boundaries indicated as approximately parallel to or extensions of mean high water lines or center- lines of bodies of water shall be construed as being parallel to or extensions of such features. 2.2.5.7 Where distances are not specifically indicated on any map in the Miami 21 Atlas, they shall be de- termined by reference to the scale of the map. 2.2.5.8 Where boundaries occur within a parcel of land comprising more than one Lot, the Lots shall be developed separately according to the assigned Transect Zone. 11.14 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 3.1 TRANSECT ZONES 111.5 3.2 PHASING 111.5 3.3 LOTS AND FRONTAGES 111.5 3.4 DENSITY AND INTENSITY CALCULATIONS 111.8 3.5 MEASUREMENT OF HEIGHT 111.9 3.6 OFF-STREET PARKING AND LOADING STANDARDS 111.11 3.7 FENCES AND WALLS 111.16 3.8 THOROUGHFARES 111.16 3.9 SPECIAL AREA PLANS 111.19 3.10 HISTORIC PRESERVATION STANDARDS 111.20 3.11 WATERFRONT STANDARDS 111.21 3.12 DESIGN GUIDELINES AND NEIGHBORHOOD CONSERVATION DISTRICTS 111.22 3.13 SUSTAINABILITY 111.27 3.14 PUBLIC BENEFITS PROGRAM 111.30 3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT 111.34 PROGRAM SUPPLEMENTAL REGULATIONS 3.16 WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL 111.37 REGULATIONS 3.17 PUBLIC ART REQUIREMENTS 111.38 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 111.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES AMENDMENTS TO MIAMI 21 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13166 04-22-2010 Measurement of Height (T6-36 and above) 10-00291zt-b 13173 05-13-2010 D1 height and mezzanine 10-00374zt 13177 05-13-2010 "Green" ordinances carried into Miami 21 10-00519 13235 11-18-2010 Minor and non -substantial modifications throughout the Code 10-00956zt 13265 05-12-2011 Incentives for construction of Affordable Housing 11-00022zt 13271 05-26-2011 Modified bond requirements and necessary LEED documentation. 11-00195zt 13314 02-23-2012 Added "Structures other than signs" to dominant setback waivers. 11-0079zt 13359 01-10-2013 Accessory Parking 12-00942zt 13358 01-10-2013 Added watercraft stationing regulations 11-00806zt 13354 01-10-2013 Tigertail Setback Area 12-01180zt 13373 03-28-2013 Affordable Housing Setbacks above the 8th Floor by Waiver 13-00002zt 13436 02-27-2014 Affordable Housing Amendment 13-01348zt 13452 04-24-2014 Park Improvements Amendment 13-01088zt 13465 05-22-2014 Affordable Housing Amendment 14-00109zt 13494 01-22-2015 Amended Article 3 to allow substitution of "and" for "or". 14-01074zt 13507 03-12-2015 Modification of Public Benefits Program language to include T6-24b 14-01198zt 13114 09-24-2015 Added definition of Extensive Green Roof, Intensive Green Roof, Legacy Structure, Paseo, and Neighborhood Revitalization District (NRD). Updated definitions of Open Space, Pedestrian Passage, and Roof Terrace. 15-00678zt 13114 07-13-2015 Modification of Article 3.12 to include 3.12.3 Neighborhood Revitalization District (NRD) 15-00678zt1 13596 02-25-2016 Article 3 Section 3.3.6(g) 1 an existing Established Setback Area to include an established Side Setback for the entire Height of a building. 15-01496zt 13636 09-22-2016 Density transfer across transect boundaries. 16-00659zt 13665 10-27-2016 Attainable Mixed Income Housing definition and supplemental regulations. 1177 13656 01-12-2017 Art in Public Places definitions, requirements and administration. 1222 13672 03-23-2017 Attainable Workforce Housing definition and supplemental regulations. 1677 111.3 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 111.4 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 3.1 TRANSECT ZONES 3.1.1 The Miami 21 Code Transect Zones are described in Article 4, Table 1 and include the standards summarized in Article 4, Table 2 and further described in Article 5. They range in Function and Density from low -Density, primarily residential areas to high Density Mixed -Use areas, across the Transect, with zones identified as T1, T2, T3, T4, T5, T6, CS, CI, CI -HD, D1, D2 and D3 and all R, L, 0 and T6 subcategories. 3.2 PHASING All development shall conform to this Code regardless of phasing. Each phase of a development project shall conform to this Code in its entirety. 3.3 LOTS AND FRONTAGES 3.3.1 Lots assembled into one (1) ownership within one (1) Transect Zone may be developed as a single Lot. 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 Section 3.6.1(e). In such cases, there shall be no transfer of Density or Intensity of Development Capacity between Transect Zones, except if the Lots are assigned equal Densities, Density may be transferred across the Transect boundary. Where Lots are assembled into one (1) ownership, the side or rear Setbacks sharing the Property Line may be eliminated. Lot assembly shall require a Unity -of -Title acceptable to the City Attorney. Contiguous Lots in one (1) ownership, as of the ef- fective date of this Code, may be developed as one (1) Lot in excess of the maximum Lot size. 3.3.2 In Transect Zones T5, T6, CI, CS, D1, D2, and D3, buildable sites shall Enfront a vehicular Thor- oughfare or a Pedestrian Passage, with at least one Principal Frontage. 3.3.3 Lots facing Thoroughfares on more than one (1) side shall have designated Principal Frontage(s) and may have Secondary Frontage(s). Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the Thoroughfare of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.), as determined by the Planning Department upon request by the Zoning Administrator. a. If two Thoroughfares are of equal importance each Frontage shall be considered a Principal Frontage. Lots with two or more Frontages may consider other non -fronting Property Lines as sides. b. Lots shall have at least one (1) Principal Frontage, except waterfront Lots shall have at least two (2) Principal Frontages, one of which shall be the waterfront and shall conform to Waterfront Setback Standards. For Waterfront Setbacks, see Section 3.11. c. Where an existing lot of record is located adjacent to a Thoroughfare in a manner that creates an irregular Frontage such that the side or rear yards cannot be determined as with a regular lot, the Zoning Administrator shall determine, by Waiver, the yard and setbacks for the lot as fits the circumstances of the case. In addition to general Waiver requirements, the Zoning Administra- 111.5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES tor shall consider the minimum dimensions and methods of measurement as generally required for either a side or rear yard in the transect, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot, with due regard to the orientation of structures and buildable areas on each lot. 3.3.4 For the purposes of this Code, Lots are divided into Layers which control Development on the Lot. 3.3.5 Where the property to be developed abuts an existing Building, a Waiver may be granted so that the proposed Building matches the dominant Setback of the block and its Context. 3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback shall be maintained. (See also Article 4, Diagram 10) Galleries and Arcades may be permitted within the First Layer in Established Setback Areas and shall not encroach the Public Right -of -Way except by Special Area Plan. Where a Gallery or Arcade is permitted, the Established Setback shall only be maintained if a Gallery or Arcade is provided. Where a Gallery or Arcade is not provided, the setback for the underlying Transect Zone shall be maintained. Established Setback Areas include: a. Brickell Financial 1. Boundary: All properties on Brickell Avenue between SE 15th Road and the Miami River. Brickell Avenue Setback: Thirty (30) feet; Side and Rear: Fifteen (15) feet; 2. Boundary: All properties bounded by SE 1st Avenue to the west, SE 8th Street to the north, Biscayne Bay to the east and SE 15th Road to the south. Interior Side and Rear Setback: fifteen (15) feet b. Biscayne Boulevard 1. Boundary: All properties along the west side of Biscayne Boulevard from NE 7th Street to NE 12th Street and both sides of Biscayne Boulevard from NE 12th Street to NE 17th Street. Setback Adjacent to Biscayne Boulevard: Fifteen (15) feet 2. Boundary: Biscayne Boulevard from NE 17th Street to Interstate 195. Setback Adjacent to Biscayne Boulevard: Zero (0) feet with Gallery c. Design District 1. Boundary: All properties bounded on the east by Biscayne Boulevard; on the south by NE 36th Street; on the west by North Miami Avenue; and on the north by NE 40th Street. Frontage Setback: Zero (0) feet d. 27th Avenue Coconut Grove 1. Boundary: The west side of 27th Avenue from SW 28th Terrace to South Dixie Highway. 27th Avenue Frontage Setback: Twenty-five (25) feet 111.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 2. Boundary: The north side of SW 28th Terrace between South Dixie Highway and SW 27th Avenue. SW 28th Terrace Frontage Setback: Fifteen (15) feet 3. Boundary: Bird Avenue between Mary Street and Aviation Avenue; Lincoln Avenue between SW 27th Avenue and Darwin Street; the north Side of Abaco Avenue from SW 27th Avenue to Washington Street; the south Side of Aviation Avenue from SW 27th Avenue to Swanson Avenue. Frontage Setback on all streets except SW 27th Avenue: Fifteen (15) feet e. 9th Street Promenade 1. Boundary: All properties Adjacent to NW 9th Street between NW 2nd Avenue and North Miami Avenue. NW 9th Street Frontage Setback: Twenty-five (25) feet f. Tigertail Avenue 1. Boundary: All properties along the southeast side of Tigertail Avenue between Darwin Street and Aviation Avenue. g. Tigertail Avenue Setback: One hundred feet (100) except, Residential Uses (as ancillary Use), may be developed in accordance with Setback provisions of the underlying Transect Zone. Parking structures lined by Residential Uses must be setback a minimum of fifty (50) feet from Tigertail Avenue. South Bayshore Drive 1. Boundary: All properties on the northern side of South Bayshore Drive from McFarlane Road to Aviation Avenue. South Bayshore Drive Setback: Thirty (30) feet; Side Setback: fifteen (15) feet mini- mum for the entire height of the building. 2. Boundary: All properties on the northern side of South Bayshore Drive from Aviation Avenue to SW 17th Avenue. South Bayshore Drive Setback: Eighty (80) feet h. Coral Way 1. Boundary: Coral Way from the western City limits (SW 37th Avenue) to SW 1st Court. Coral Way Setback: Zero (0) feet with Gallery i. 8th Street 1. Boundary: All properties Adjacent to SW 8th Street between SW 27th Avenue and SW 1st Court. 111.7 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES SW 8th Street Setback: Zero (0) feet with Gallery j. 22nd Avenue 1. Boundary: 22nd Avenue from NW 1st Street to SW 8th Street. 22nd Ave Setback: Zero (0) feet with Arcade k. Central Coconut Grove 1. Boundary: • All properties Adjacent to Grand Avenue between Margaret Street and Mary Street. • All properties Adjacent to Commodore Plaza between Grand Avenue and Main Highway • All properties Adjacent to Fuller Street between Grand Avenue and Main Highway. • All properties Adjacent to Main Highway between Charles Avenue to Grand Avenue. • All properties Adjacent to McFarlane Road between Grand Avenue and South Bayshore Drive. • All properties Adjacent to Virginia Street between Oak Avenue and Grand Avenue. • All properties Adjacent to Florida Avenue between Virginia Street and Mary Street. • All properties Adjacent to Rice Street between Oak Avenue and Florida Avenue. • All properties on the west side of Mary Street between Oak Avenue and Grand Avenue. • All properties on the south side of Oak Avenue between Matilda Street and Tigertail Avenue. Central Coconut Grove Setback (on the streets listed above): Five (5) feet. I. Wynwood 1. Boundary: Established Setback Areas have been identified within Wynwood NRD-1 Street Master Plan located within Appendix A of this Code. 3.4 DENSITY AND INTENSITY CALCULATIONS 3.4.1 Lot Area, inclusive of any dedications, is used for purposes of Density and Intensity calculation. 3.4.2 Density shall be calculated in terms of units as specified by Article 4, Tables 3 and 4. The referenced tables provide the maximum allowable Densities. Intensity shall be calculated in terms of Floor Lot Ratio. 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. 3.4.3 Lodging Units shall be considered as equivalent to one-half (0.50) of a Dwelling Unit. 3.4.4 The allowable Transect Zone Density may be increased as provided by the Future Land Use Element of the Miami Comprehensive Plan (Residential Density Increase Areas), as illustrated in Article 4, Diagram 9. 111.8 MIAMI 21 AS ADOPTED - JANUARY 2018 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 and walls shall be measured in feet. The Height of Buildings, Fences and walls 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 Story may exceed this limit up to a total height of twenty-five (25) feet. A single floor level exceeding fourteen (14) feet, or twenty-five (25) feet at ground level retail, shall be counted as two (2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a single floor level exceeding fourteen (14) feet 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, 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 mezza- nines 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. 3.5.3 Except as specifically provided herein, the Height limitations of this Code shall not apply to any roof Structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain the Building (provided that such Structures shall not cover more than twenty percent (20%) of roof area for T4 and T5); nor to church spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar Structures, which may be allowed to exceed the maximum Height by Waiver; nor to fire or parapet walls, which shall not extend more than five (5) feet above the maximum Height in T4 and T5 and ten (10) feet in T6 and Districts. 3.5.4 No Building or other Structure shall be located in a manner or built to a Height which constitutes a hazard to aviation or creates hazards to persons or property by reason of unusual exposure to avia- tion hazards. In addition to Height limitations established by this Code, limitations established by the Miami -Dade County Height Zoning Ordinance as stated in Article 37 of the Code of Miami -Dade County (Miami International Airport) shall apply to Heights of Buildings and Structures. A letter authorizing clearance from the Miami -Dade Aviation Department or the Federal Aviation Ad- ministration (FAA) may be required by the Zoning Administrator prior to the issuance of any Building permit. Construction of an Educational facility within the delineated Miami International Airport Critical Ap- proach Area as defined by the Miami -Dade County Code shall only be granted by Exception. Con- struction of such facility is subject to the approval by the Miami -Dade County Aviation Department or any other agencies authorized by law to approve the construction. 111.9 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 3.5.5 Height limitations for Properties Abutting and in Proximity to National Historic Landmarks a. All properties designated a National Historic Landmark (NHL) which include a Designed Land- scape that is an integral part of the documented significance supporting the NHL designation shall be protected by height limitations throughout the entire Civic Institution zoned property of which the NHL is a part, so as to protect the Designed Landscape from the potentially adverse effects of an undertaking that may diminish the integrity of the NHL property's location, design, setting, materials, workmanship, association or qualities that qualified it for NHL designation. Examples of adverse effects which diminish the integrity of the NHL property include those which: cause physical destruction of or damage to all or part of the NHL property; or change the character of the NHL property's use or physical features within the NHL property's setting that contribute to its historic significance; or introduce visual, atmospheric or audible elements that diminish the integrity of the NHL property's significant historic features; or alter the NHL property in a way that is not consistent with the federal standards for the treatment of historic properties and applicable guidelines, as published by the United States Department of the Interior. b. The height of structures throughout the entire Civic Institution zoned property of which the NHL is a part shall not exceed that established by a six (6) degree vertical plane which is measured beginning from the ground floor elevation of the principal historic building at the facade that over- looks the Designed Landscape, which plane shall extend in a one hundred eighty (180) degree arc facing the Designed Landscape and measured at grade from the midpoint of the building facade. The ground floor elevation shall be measured according to the 1929 N.G.V.D. of Mean Sea Level supplied by the City of Miami. Structures existing on affected properties at the time of the effective date of this Miami 21 Code shall not be considered nonconforming structures. c. Should the height limitations for structures located in such Civic Institution zoned property as of the effective date of this Miami 21 Code be more restrictive than that created by this section, the most restrictive height shall apply. In the event of a rezoning of all or part of the Civic Institution property, either by successional zoning or by Special Area Plan, the height limitations specified in this Section 3.5.5 shall be incorporated in all subsequent rezonings. d. For purposes of this Section 3.5.5., the following definitions shall apply: 1. Designed Landscape is one or more of the following: • a landscape that has significance as a design or work of art; • a landscape consciously designed and laid out by a master gardener, landscape archi- tect, architect, or horticulturalist to a design principle, or an owner or other amateur using a recognized style or tradition in response or reaction to a recognized style or tradition; • a landscape having a historical association with a significant person, trend, event, etc. in landscape gardening or landscape architecture; or • a landscape having a significant relationship to the theory or practice of landscape ar- chitecture. 2. National Historic Landmark is a nationally significant historic place designated by the Secretary of the Interior because it possesses exceptional value or quality in illustrating or interpreting the heritage of the United States, and defined in Title 36, Section 65.3 of the Code of Federal Regulations. 3.5.6 See Chapter 23 of the City Code, titled Historic Preservation, for regulations and additional height 111.10 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES requirements. 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. 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. c. Required Parking for Adaptive Reuses may be reduced or exempted by Waiver for properties located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has been established, or for historic sites and contributing Structures within designated historic districts. d. Parking reductions shall not be cumulative except in T6-36, T6-48, T6-60 and T6-80. 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. e. Parking that is otherwise not allowed but that is customarily incidental and subordinate to a prin- cipal Use may be provided in any T3 or T4-R Transect Zone by process of Exception and only if there is an existing legally built parking lot. Access for such Lots shall be subject to all other requirements of the Transect Zone including Liner, landscaping, or Streetscreen requirements. Such parking shall not expand or increase the degree of nonconformity. Parking in other Transect Zones shall be approved pursuant to Article 4, Table 3. 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. MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES f. Parking or storage of commercial trucks, buses, vans, sign trailers; trailers or semi -trailers for freight, cargo; non -recreational watercraft; or the like shall not be permitted in any T3, T4, T5-R or T6-R Zone. g. Inoperable vehicles and other inoperable Recreational Watercraft or equipment shall be stored only in storage facilities or other approved places where they are completely concealed from public view. h. Except in connection with permitted active continuing construction on the premises, construc- tion equipment such as earth moving machines, excavators, cranes, and the like shall only be allowed in D1, D2 and D3, as allowed by this Code. i. All Off-street Parking shall comply with applicable regulations related to lighting, paving, and drainage including the Miami -Dade County Code and the Florida Building Code. j. Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect Zones, except T3 and T4, shall be used only by a valet parking operator. k. Parking facilities on adjoining Lots may share access points, driveways and parking subject to a recorded covenant running with the property on which the facilities are located, by process of Waiver. I. Stationing of Recreation Watercraft: 1. Transect Zones Stationing of Recreational Watercraft may only be permitted in T3, T4-R and T4-L Zones and only where incidental to a Single -Family Residence. This section shall not be construed as preventing the docking of boats along the waterfront. 2. Screening Screening arrangements shall be made to buffer view of the Recreational Watercraft from Abutting parcels by means of walls, fences or landscaping of sufficient opaqueness to visu- ally conceal its bulk while in keeping with applicable provisions in Article 3 and 5. 3. Occupancy Recreational Watercraft stationed in T3, T4-R and T4-L Zones shall not be used as Residential or other Occupancies. 4. Location Stationing of Recreational Watercraft may only be permitted when placed within the Second or Third Layer of the property. 5. Height The maximum height of the Recreational Watercraft shall not exceed eight (8) feet, inclusive of trailer and excluding Minor Accessories. 6. State or condition Stationing of Recreational Watercraft in T3, T4-R and T4-L Zones may only be permitted as 111.12 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES long as the Recreational Watercraft is maintained in an orderly and seemly condition. 3.6.4 Calculation of Off-street Parking requirements related to number of seats. Where parking requirements relate to number of seats and seating is in the form of undivided pews, benches, or the like, twenty (20) lineal inches shall be construed to be equal to one (1) seat. Where Parking requirements relate to movable seating in auditoriums and other assembly rooms, ten (10) square feet of Floor Area shall be construed to be equal to one (1) seat except where otherwise specified. Net floor area shall be the actual area occupied by seating and related aisles, and shall not include accessory unoccupied areas or the thickness of walls. 3.6.5 Valet Parking Off-street Parking facilities maintained with valet parking shall be allowed generally, provided that the minimum Off-street Parking requirements of this Code are satisfied and that an attendant shall remain on duty during business hours or as long as the Principal Building is occupied. 3.6.6 Parking Management Plan Parking allowed off -site through a parking management plan agreement with the City of Miami Park- ing Authority shall be as set forth in Chapter 35 of the City Code. Within areas under a parking management plan, outdoor areas, including the public right-of-way, which are regularly used for display and sales, or as dining areas, shall be calculated as part of the establishment's total floor area and shall comply with Off -Street parking requirements. 3.6.7 Off-street Parking Reductions by Use a. Parking reductions for Elderly Housing. 1. Housing for the Elderly, in relation to this regulation, is not to be construed as homes or in- stitutions for the aged which are primarily convalescent or Nursing Homes. 2. Off-street Parking space requirements in connection with Housing for the Elderly conforming to the requirements of state or federal programs may be reduced by Waiver to a maximum of one (1) parking space per every two (2) dwelling units. 3. The applicant shall submit plans which demonstrate how the remaining parking will be ac- commodated in the event that the housing becomes market rate housing at some time in the future. The following criteria shall apply: (a) Applicant shall submit written certification from the applicable state or federal agency in charge of the program. (b) Off-street Parking reduction shall be permitted upon a finding by the Planning Director that, in view of location of such housing, the economic status of anticipated occupants, and other pertinent considerations as specified in the permit, there will be adequate Off- 111.13 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES (c) street Parking for occupants, visitors, and staff. The premises shall be used as Housing for the Elderly, subject to the exceptions and limitations set forth in (a) above, until the parking requirements for a different Use have been met. b. Parking Reduction for Low -Income Housing 1. Off-street Parking requirements in connection with housing for low income families and indi- viduals may be reduced by process of Exception only up to fifty percent (50%) of the spaces generally required. Housing for low-income families and individuals shall be qualified by the City of Miami Department of Community Development. 2. The applicant shall submit plans which demonstrate how the remaining parking may be ac- commodated in the event that the housing becomes market rate housing at some time in the future. 3. The following criteria shall apply: (a) The project shall otherwise conform to the requirements of state or federal programs for this purpose. (b) The Board, in its consideration of the application for Exception, shall determine and make a finding that the reduction in Off-street Parking requirements is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that traffic and parking problems resulting from such reduction will not unduly burden traffic facilities in the Neighborhood. (c) The Board shall, as part of its grant of Exception, specify that the City, upon notice and review for Waiver, may later require that the applicant implement its plan to pro- vide the full amount of required parking if it is demonstrated that traffic and parking conditions together with impact on the Neighborhood require such provision. (d) After such permit has been issued, the premises shall not be used other than as Low Income Housing, subject to the Exception and limitations set forth in (a) above, un- less and until any parking requirements and all other requirements or limitations of this Code have been met. 3.6.8 Deferral of Off-street Parking Standards a. Deferral of portions of total required parking improvements in phased projects Parking requirements shall be met as set forth by this Code 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 as specified below. 111.14 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES b. Deferral period, revocation of permit; notice of revocation. A deferral may be allowed for up to five (5) years without provision for renewal except upon ap- plication for a 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 and shall require no more than three (3) turning movements. 3.6.10 Off-street Bicycle Parking Requirements a. Off-street bicycle parking shall be provided for all T4, T5, T6, CS, CI, CI -HD, and D zones, as shown in Article 4, Table 4. b. After the first fifty (50) required bicycle spaces are provided, additional spaces may be reduced by one-half. c. Required bicycle parking shall meet the following standards: 1. Required bicycle parking shall be provided in a safe, accessible and convenient location. 2. Bicycle parking facilities shared by more than one use are encouraged. 3. Required bicycle parking facilities may be located within the project site or in a shared bicycle parking facility subject to all the conditions for shared bicycle parking facilities below: (a) Required bicycle parking spaces for two (2) or more adjacent sites may be satisfied by the same bicycle parking facility used jointly provided that such right of joint use and maintenance is evidenced by covenant running with the land or equivalent legal document establishing the joint use. (b) Required shared bicycle parking facilities are to be located within 300 feet of any building's main entrance. (c) The minimum number of required bicycle parking is satisfied by all sites using the shared facility. (d) For the purposes of this section, shared bicycle parking facilities are areas, locations, or structures designed to accommodate, house, store, maintain or hold several bicycle parking spaces. 4. When required off-street vehicular parking is covered, the required bicycle parking shall also be covered. 5. When required bicycle parking is provided in racks, one (1) standard U-rack will accommodate two (2) bikes and each rack must meet the following standards: (a) The bicycle frame and one (1) wheel can be locked to the rack with a high security, 111.15 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES U-shaped shackle lock if both wheels are left on the bicycle; (b) A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and (c) The rack must be securely anchored. 6. When required bicycle parking is provided in lockers, the lockers must be securely anchored. 7. Parking and maneuvering areas. (a) Each required bicycle parking space must be accessible without moving another bicycle; (b) There must be an aisle of at least five (5) feet wide behind all required bicycle parking to allow room for bicycle maneuvering; (c) The area devoted to bicycle parking must be hard surfaced. 8. A one (1) square foot directional sign shall be required if the bicycle parking area is not vis- ible from the street or main building entrance. Said sign must be posted at the main building entrance indicating the location of the bicycle parking. 3.7 FENCES AND WALLS 3.7.1 General For all Commercial and Industrial Uses, a six-foot (6) solid masonry wall shall be provided along all property lines which adjoin T3, T4-R, T5-R and T6-R. 3.7.2 Prohibited on Fences and walls a. The use of broken glass, projecting nails, coiled razor wire, spikes or similar materials on walls and Fences is prohibited in all Transect Zones. b. Barbed wire Fences, or use of barbed wire along the top of a fence or wall, shall be permissible only in D1, D2 and D3, subject to approval by Waiver upon making a written finding that its use and placement are reasonably necessary to the safety, welfare and security of the property. 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. 111.16 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES b. Thoroughfares consist of lanes for vehicles, transit, bicycles and Public Frontages. The lanes may have a variety of widths for movement and parking. The Public Frontages contribute to the character of Transect Zones. They may include swales, Sidewalks, curbing, Planters, bicycle paths and street trees. See Article 4, Tables 6 and 8. 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. d. Bicycles are a sustainable and viable mode of transportation and recreation in the City of Miami. Bicycle use of Thoroughfares should be as follows: Bicycles and vehicles may share use of lanes on all Thoroughfares. Thoroughfares that have sufficient paving width to accommodate bicyclists' safety should include dedicated Bicycle Lanes. Greenways, waterfront walks and other Civic Spaces should include Bicycle usage . e. A City-wide bicycle plan may designate an interconnected network serving bicyclists with a series of marked routes that include Bicycle Lanes as well as Bicycle Routes that give bicycles priority, such as those Thoroughfares which parallel major corridors or include major corridors which can be reconfigured to limit conflicts between vehicles and bicycles. f. Pedestrian comfort should be a primary consideration of Thoroughfare design and dimensions. Design conflict between vehicular, bicycle and pedestrian movement should be decided in favor of the pedestrian. 3.8.2 Thoroughfares a. The guidelines for Thoroughfares are as described in Article 8. b. The Thoroughfare network should be designed to prioritize connectivity, defining Blocks not ex- ceeding an average perimeter length of 1,320 feet. The length shall be measured as the sum of Lot Frontage Lines. 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. Thoroughfares that provide View Corridors shall not be vacated. d. In T5 and T6 Zones, Public and Private Frontages should be coordinated with a single paving and landscape design as provided in Article 4, Table 6 and Article 8. 3.8.3 Public Frontages a. Public Frontages should be designed as shown in Article 4, Table 6 and allocated within Transect Zones as specified in Article 4, Table 2. b. Within the Public Frontages, the arrangement of street trees and street lights should be as pro- vided in Article 8. c. The Public Frontage in Transect Zones T1, T2 and T3 should include trees of various species, and 111.17 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES may include low maintenance understory landscape. The introduced landscape should consist primarily of native species requiring minimal irrigation, fertilization and maintenance. d. The Public Frontage in Transect Zones T4, T5, T6 and D1 should include trees planted in a regularly -spaced Allee of single or alternated species with shade canopies of a height that, at maturity, clears the first Story. The introduced landscape should consist primarily of durable spe- cies tolerant of soil compaction. 3.8.4 Vision Clearance 3.8.4.1 Intent; "Material Impediment to Visibility" construed. It is the intent of these regulations to provide protection from traffic hazards at intersections for au- tomotive vehicles and their passengers, and for cyclists and pedestrians, including small children. Given this intent, the phrase "Material Impediment to Visibility," as used here, is to be construed as any material obstruction to Visibility which would result in concealment of a child over two and one- half (2 1/2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determinations as to whether or not there is Material Impedi- ment to Visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. Adjacent to Thoroughfares, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to form a Material Impediment to Visibility between the heights of two and one-half (2 1/2) feet and ten (10) feet above the street grade level within Visibility Triangles described below: a. At Thoroughfare intersections with Building Setbacks: Visibility Triangles shall be maintained to include an area bounded by the first twenty-five (25) feet along the intersecting edges of the right-of-way (or Base Building Line) projected where rounded, and a line running across the Lot and connecting the ends of such twenty -five-foot lines. See Article 4, Table 8. b. At intersections of driveways with Thoroughfares with Building Setbacks: Visibility Triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the Base Building Line and the driveway, projected where rounded, and a line running across any intervening right-of-way and the Lot and connecting the ends of such ten -foot lines. See Article 4, Table 8. c. At Thoroughfare intersections with Buildings with no Setbacks: Visibility Triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the Base Building Line, projected where rounded, and a line running across the Lot and connecting the ends of such ten -foot lines. See Article 4, Table 8. d. At intersections of driveways with Thoroughfares with no Building Setbacks: Visibility triangles shall be maintained to include an area bounded by the first five (5) feet along the intersecting edges of the Base Building Line and driveway, projected where rounded, and a line running across any intervening right-of-way and the Lot and connecting the ends of such five-foot lines. See Article 4, Table 8. e. At all Thoroughfare intersections: 111.18 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES Visibility Triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the Base Building Line, projected where rounded, and a line running across the Lot and connecting the ends of such ten -foot lines. See Article 4, Table 8. 3.8.4.2. Variances prohibited. No Variances from the provisions of Section 3.8.4 are permitted. 3.9 SPECIAL AREA PLANS The purpose of a Special Area Plan is to allow parcels greater than nine (9) Abutting acres in size to be master planned so as 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 within the Special Area Plan. The purpose of a Special Area Plan further is to encourage the assembly and master planning of parcels greater than nine (9) Abutting acres in size, in order to provide greater integration of public and private improvements and Infrastructure; to enable Thoroughfare connectivity; to encourage a variety of Building Heights, massing and Streetscape design, and to provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. 3.9.1 General a. The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan. b. A Special Area Plan shall be approved by the process of rezoning with or without Transect changes. c. A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan. d. A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5. e. A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to a Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for con- structing the public improvements within the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares. f. Development within the Special Area Plan shall be pursuant to a recorded development agree- ment that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits. g• Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for 111.19 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES conformance to the Plan, prior to issuance of the Building Permit. h. A Special Area Plan may include: 1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile -oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B-Grid shall not exceed thirty percent (30%) of the total length within a Special Area Plan. For Frontages on the B-Grid, parking areas may be allowed in the Second Layer. 2. Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than seventy percent (70%) glazed in clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer. 3. Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Front- age within the First Layer may apply towards Open Space requirements. 4. Build -to -lines that differ from Transect Zone Setback requirement. 5. ATerminated Vista location, requiring that the Building be provided with architectural articula- tion of a Type and character that responds to the location. 6. A Pedestrian Passage, requiring a minimum ten (10) foot wide pedestrian access be reserved between Buildings. 7. A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan. 8. Area Design Guidelines. 9. A parking management program that enables shared parking among public and private Uses. 10. Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. 3.10 HISTORIC PRESERVATION STANDARDS See Chapter 23 of the City Code, titled Historic Preservation, for regulations and additional height requirements. 111.20 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 3.11 WATERFRONT STANDARDS In addition to the Miami City Charter requirements, the following Setback, walkways and waterfront standards shall apply to all waterfront properties within the City of Miami, except as modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter. All Miami riverfront properties shall include water -related uses across all Transect Zones except T3. a. Waterfront Setbacks 1. Waterfront Setbacks shall be a minimum of fifty (50) feet measured from the mean high water line provided along any waterfront, except where the depth of the Lot is less than two - hundred (200) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided, except where the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth. These requirements shall not apply to Marine Related Industrial Establishments along the Miami River. Within D1, D2 and D3 Transect Zones facilities may span across man-made slips with a Structure to conduct marine -related commercial and industrial activities. 2. Side Setbacks shall be equal in aggregate to at least twenty-five percent (25%) of the water frontage of each Lot based on average Lot Width, to allow View Corridors open from ground to sky and to allow public access to the waterfront; except for T3, T4-R, D1, D2 and D3 Transect Zones. b. Waterfront Walkways Design Standards: 1. Waterfront walkways shall be designed and constructed within the waterfront Setbacks in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum, shall remain open to the public between 6am through 10pm. Waterfront walkways are not required within Transect Zones T3, T4-R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant Use. 2. Waterfront walkways shall feel public, meet all Americans with Disabilities Act (A.D.A.) re- quirements throughout the entire length of the waterfront walkway and provide unobstructed visual access to the water. 3. Waterfront walkways shall connect to abutting public walkways, neighboring walkways, and Open Space at a consistent A.D.A. compliant width and grade to allow clear pedestrian cir- culation along the water's edge. 4. The waterfront walkway surface shall remain at a constant elevation and be accessible to handicapped persons throughout the entire length of the waterfront walkway. Walkways should have a slight grade away from the bulkhead edge for stormwater retention within the transition zone. 5. The total width of a waterfront walkway shall be a minimum of twenty-five (25) feet and built to the standards and guidelines outlined in Waterfront Design Guidelines, on Appendix B. 111.21 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 3.12 DESIGN GUIDELINES, NEIGHBORHOOD CONSERVATION DISTRICTS, AND NEIGHBORHOOD REVITALIZATION DISTRICTS 3.12.1 Design Guidelines This section lists additional guidelines defining elements to protect and promote Neighborhood or area character, which may be obtained through the Planning Department. In the areas for which guidelines have been adopted, any proposed building shall be reviewed by the Planning Director prior to the issuance of a building permit. a. MLK Boulevard Streetscape Beautification Master Plan and Facade Standards b. Southeast/Overtown Park West Community Redevelopment Plan c. Miami River Greenway Regulatory Design Standards d. Grand Avenue Vision Plan e. Coral Way Beautification Master Plan f. Little Haiti - French Creole Design Standards g. Offstreet Parking Design Standards and Guidelines h. Overtown Folklife Village i. OMNI CRA Streetscapes: Performing Arts & Media Entertainment District 3.12.2 Neighborhood Conservation Districts (NCD) a. Intent A Neighborhood Conservation District (NCD) is an overlay zoning district that is intended to preserve unique and distinctive neighborhoods that exhibit a certain defined character worthy of protection, such as physical features, design characteristics, and recognized cultural or histori- cal identity. The Neighborhood Conservation District provides additional regulations or design guidelines for new construction, major alterations and additions to existing Buildings, in order to protect, enhance and perpetuate the value of the neighborhood conservation area. It is further intended that such districts and the regulations adopted for them shall be in accord with, and promote the Miami Comprehensive Neighborhood Plan. b. Purposes The purposes of creating a Neighborhood Conservation District, singularly or in combination, are to: 1. Protect neighborhoods that have distinguishable architectural character but that do not qualify for historic district status because of the loss of the original fabric through attrition and new development, although the neighborhood still maintains a considerable number of non- contiguous traditional structures that retain some characteristics that reflect their historical origins. 2. Identify structures within the district that, while not historically designated, possess signifi- cant character reflecting a Type, period or method of construction important to Miami's past. Demolition of such structures will be subject to review prior to receiving a demolition permit. 111.22 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 3. Protect areas that have a distinctive landscape, geologic, or environmental character. Pro- tect and promote the lush sub -tropical vegetation and tree canopy that defines the South Florida landscape and gives particular identity to the neighborhood. Protect remaining unique environmental features such as exposed bluffs, natural rock outcroppings, caves, natural sinkholes, and springs. 4. Identify and celebrate those neighborhoods whose immigrant or emigre citizens have brought a unique cultural perspective to a neighborhood and which deserve recognition and protec- tion. 5. Protect and promote specialized commercial areas with distinct character, such as antique, arts, outdoor markets, or design districts, and assist in their economic revitalization and en- hancement. c. Designation Process The NCD shall be designated by process of rezoning, and shall be initiated by an applicant who submits the following to the Planning Department: 1. A description of the proposed boundaries of the NCD; 2. A description of the distinctive features of the district which are sought to be protected and preserved; 3. A list of all property owners within the boundaries of the proposed district; 4. Evidence that demonstrates that at least fifty-one (51) percent of the owners within the pro- posed boundary support the initiation of the NCD rezoning. The Planning Director shall prepare a recommended conservation plan and any proposed regulations and/or design guidelines as provided in paragraph d. below. The PZAB shall consider the recommendations and provide its recommendations to the City Commission. In addition, the City shall conduct at least one workshop regarding the proposed NCD dur- ing the consideration of the rezoning, and notification of the workshop shall be sent by first class mail to all property owners located within the proposed boundaries of the district, as shown on the tax roll, at least thirty days prior to the workshop. The City Commission upon designation of the NCD shall adopt the conservation plan and any requisite regulations for the NCD, and the Zoning Atlas shall be amended to show the district boundaries of the NCD. Amendments to any NCD adopted under this Code shall be adopted pursuant to this Code. d. Recommendation for Neighborhood Conservation District designation The Planning Department shall prepare a recommendation for the designation of each NCD. Each recommendation shall identify the proposed rezoning by the specific name created for the NCD and shall contain the following information: 1. A statement of the purposes of the NCD, specifying the substantial public interest involved and the objectives to be promoted by the conservation plan and any special regulations for the district as a whole, or within any subareas of the district which may be recommended. 111.23 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 2. The boundaries of the NCD district and any sub -areas, if any, including a map and a general land description of the boundaries. 3. An explanation of the boundaries selected that meet the intent and requirements for the NCD. 4. A conservation plan identifying and describing the distinctive neighborhood characteristics of the proposed district, with appropriate maps and graphics, and any design guidelines or regulations recommended to promote the purposes of the district. Regulations may require rezoning to different Transect zones than those existing at the time of designation, additional overlay zoning standards, additional overlay zoning processes, or the like, as tailored to the purposes of the specific NCD. e. NCD Land Development Regulations The requirements of this Code shall be effective in the NCD except as modified by the regula- tions of the conservation plan adopted by the City Commission upon designation of the NCD.. The ordinance designating the NCD shall be referenced in this Code, with any specific regula- tions and design guidelines of the NCD adopted by reference to this Code and maintained in the Planning Department. The Planning, Zoning and Appeals Board and procedures related to appeals thereto set out by this Miami 21 Code shall replace the Zoning Board and procedures related to appeals thereto in Ordinance 11000. f. NCD-1 Coral Gate Neighborhood Conservation District The Coral Gate NCD-1, originally adopted by Ord. No. 12413, on September 25, 2003, is hereby amended and codified in Appendix A.1 to this Code. g. NCD-2 Village West Island and Charles Avenue Neighborhood Conservation District The Village West Island and Charles Avenue NCD-2 incorporates and amends: 1. The Charles Avenue NCD-2, originally adopted by Ord. No. 12417, September 25, 2003, and repealed and reenacted by Ord. No. 12651, adopted January 27, 2005; 2. SD-28, the Village West Ordinance, adopted by Ord. No. 12651, January 27, 2005; 3. Portions of SD-2 adopted by Ord. No. 12651, adopted January 27, 2005; 4. Portions of the Coconut Grove NCD-3, originally adopted by Ord. No. 12672, September 24, 2005. The Village West Island and Charles Avenue NCD is hereby adopted and codified in Appendix A.2 to this Code. h. NCD-3 Coconut Grove Neighborhood Conservation District 111.24 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES The Coconut Grove NCD-3 incorporates and amends: 1. The Coconut Grove NCD-3, originally adopted by Ord. No. 12672, September 24, 2005; 2. Portions of SD-2, originally adopted by Ord. No. 12651, January 27, 2005; and 3. SD 18, originally adopted by Ord. No. 10863, March 28, 1991; and 4. SD 18.1, originally adopted by Ord. No. 11240, March 27, 1995. The Coconut Grove NCD is hereby adopted and codified in Appendix A.3 to this Code. 3.12.3 Neighborhood Revitalization Districts (NRD) a. Intent A Neighborhood Revitalization District (NRD) is an overlay zoning district that is intended to revitalize unique and distinctive neighborhoods that exhibit a certain defined character worthy of enhance- ments, such as distinct physical features, unique design characteristics, or recognized cutural identity. A NRD provides additional regulations or design guidelines for new construction or modifications to existing Buildings and Streetscapes, in order to promote, enhance, and perpetuate the value of properties while responding to the existing conditions of the neighborhood. It is further intended that such districts and the regulations adopted for them shall be in accordance with and promote the adopted Zoning Ordinance and Miami Comprehensive Neighborhood Plan. b. Purposes The purposes of creating a NRD, sigularly or in combination, are to: 1. Revitalize unique and distinctive neighborhoods that have exhibited a certain defined character worthy of enhancements, such as distinct physical features, unique design characteristics, or rec- ognized cultural identity. 2. Identify and preserve structures within the district that, while not historically designated, possess significant character reflecting a Legacy Structure which is a component of the neighborhood and important to Miami's past. 3. Protect and promote specialized commercial areas with distinct character, such as arts, outdoor markets, or design districts, and assist in their economic revitalization and enhancement. 4. Establish commercial Corridors to function as Mixed -Use, transit -oriented, walkable areas for the neighborhood and its surrounding community. 5. Improve off-street parking efficiency through transit incentivized parking reductions and central- ized parking programs. 6. Implement a Public Benefits Program calibrated to the neighborhood to address specific needs for Affordable/Workforce Housing, Public Parks and Open Space, or Civic Space or Civic Support Uses. 111.25 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES c. Designation Process The NRD shall be designated by process of rezoning, and may be initiated by the Planning and Zon- ing Department or by an applicant. If initiated by an applicant, such application must be submitted to the Planning and Zoning Department and accompanied by the following: 1. A description of the proposed boundaries of the NRD; 2. A description of the distinctive physical features and characteristics of the district which are sought to be enhanced and perpetuated for the future of the neighborhood; 3. A list of all property owners within the boundaries of the proposed district; 4. Written evidence that demonstrates that at least fifty-one percent (51 %) of the owners within the proposed boundaries support the initiative of the NRD rezoning. The Planning Director shall prepare a recommended revitalization plan and any proposed regula- tions or design guidelines as provided in paragraph d. below. The Planning, Zoning and Appeals Board ("PZAB") shall consider the recommendations and provide its recommendations to the City Commission. In addition, the City shall conduct at least one workshop regarding the proposed NRD during the consideration of the rezoning, and notification of the workshop shall be sent by first class mail to all property owners located within the proposed boundaries of the district, as shown on the tax roll, at least ten (10) days prior to the workshop. The City Commission, upon designation of the NRD, shall adopt the revitalization plan and any proposed regulations or design guidelines for the NRD, and the Zoning Atlas shall be amended to show the district boundaries of the NRD. Amend- ments to any NRD adopted under this Code shall be adopted pursuant to this Code. d. Recommendation for Neighborhood Revitalization District designation The Department of Planning and Zoning shall prepare a recommendation for the designation of each NRD. Each recommendation shall identify the proposed rezoning by the specific name created for the NRD and shall contain the following information: 1. A statement of the purposes of the NRD, specifying the substantial public interest involved, the objectives to be promoted by the revitalization plan and any proposed regulations or design guide- lines, and any special regulations for the district as a whole, or within any sub -areas of the district which may be recommended. 2. The boundaries of the NRD district and any sub -areas, if any, including a map and a general land description of the boundaries. 3. An explanation of the boundaries selected that meets the intent and requirements for the NRD. 4. Appropriate maps and graphics, and any design guidelines or regulations recommended to promote the purposes of the district. Regulations may require rezoning to different Transect Zones than those existing at the time of designation, additional overlay zoning standards, additional overlay zoning processes, or the like, as tailored specifically to the NRD. 111.26 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES e. NRD Land Development Regulations The requirements of this Code shall be effective in the NRD except as modified by the regulations of the revitalization plan and any proposed regulations or design guidelines adopted by the City Com- mission upon designation of the NRD. The ordinance designating the NRD shall be referenced in this Code, with any specific regulations and design guidelines of the NRD adopted by reference to this Code and maintained in the Planning and Zoning Department. f. NRD-1 Wynwood Neighborhood Revitalization District The Wynwood NRD-1, originally adopted by Ord. No. 13561, on September 24, 2015, is hereby amended and codified in Appendix J to this Code. 3.13 SUSTAINABILITY 3.13.1 General a. Landscape requirements are as required in Article 9 of this Code and the City of Miami Tree Protection regulations of Chapter 17 of the City Code, except that where this Code is more re- strictive than the Tree Protection regulations, this Code shall apply. b. All new Buildings of more than 50,000 square feet of Habitable Rooms or Habitable Space in the T5, T6, CI and CS zones shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. 1. At the time of Building Permit application, the owner shall submit: (a) Proof of registration with the Green Building Certification Institute, or equivalent agency; (b) A signed and sealed affidavit from a LEED Accredited Professional, or applicable designa- tion, stating that the proposed Building is designed to achieve the required certification; and (c) A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. 2. At the time of Certificate of Occupancy application, the owner shall submit: (a) Proof of certification by the Green Building Certification Institute, or equivalent agency; (b) A bond posted in a form acceptable to the City, in the amount indicated below; (i) Two percent (2%) of the total cost of construction for a 50,000 - 100,000 square feet Building; (ii) Three percent (3%) of the total cost of construction for a 100,001 - 200,000 square feet Building; (iii) Four percent (4%) of the total cost of construction for any Building greater than 200,000 square feet; or 111.27 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES (c) Proof of partial compliance from the Green Building Certification Institute, or applicable agency, which demonstrates the credits presently achieved. In addition, a prorated por- tion of the full bond amount, as indicated in subsection 2(b) above, shall be posted based on the number of remaining credits needed to meet minimum certification requirements. The bond amount to be posted shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = prorated bond amount 3. Forfeiture of Bond A bond under this Section 3.13.1 shall be forfeited to the City in the event that the Building does not meet the for LEED Silver certification or applicable certification. The City will draw down on the bond funds upon failure of the owner to submit proof of LEED Silver certification in a form acceptable to the City within one (1) year of the City's issuance of the Certificate of Occupancy for the Building. If required certification is not achieved but a majority of the credits have been verified, the owner shall forfeit a portion of the bond based on any outstanding credits which shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = bond amount forfeited If the amount to be forfeited is greater than fifty percent (50%) of the full bond amount, the bond shall be forfeited in its entirety. Funds that become available to the City from the for- feiture of the bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code. c. Affordable Housing Developments that qualify under Section 3.15, may elect to comply with the sustainability requirements promulgated by the Florida Housing Finance Corporation, or its suc- cessor agency, in lieu of the requirements set forth in Section 3.13.1.b above. d. The preservation of Natural Features of land such as trees, vegetation, geological, and other characteristics and the preservation of features of archaeological significance are declared to be in the public interest. Said preservation may justify the relaxation of Setbacks or required Off-street Parking by Waiver. The Zoning Administrator shall determine that the trees, vegetation, geological and other natural characteristic, or archaeological features are in the Buildable Area of the Site and not in Setback areas required for the development of the site. 3.13.2 Heat Island Effect The intent of this section is to reduce the heat island effect in the City of Miami and to consequently reduce energy consumption and bills for buildings within the City. a. Applicability In all Transect Zones, except T3, the provisions of this section are applicable to all new construc- tion and to repair or replacement greater than fifty percent (50%) by area of existing roofs or site Hardscape. All repairs or replacement of existing roofing or Hardscape shall be reviewed by the Zoning Department for compliance with this section. The following portions of new or existing roofs are exempted from the requirements of section 3.13.2: 111.28 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 1. The portion of the roof acting as a substructure for and covered by a rooftop deck, vegetation associated with an extensive or intensive green roof as defined by the U.S. Environmental Protection Agency, or any area of a roof utilized by photovoltaic and solar equipment. 2. A rooftop deck covering a maximum of 1/3 of the rooftop total gross area. 3. Existing roofs where less than fifty percent (50%) of existing roof area is repaired or replaced are exempt from the requirements of 3.13.2.c. 4. Existing Hardscapes where less than fifty percent (50%) of existing Hardscape area is being repaired or replaced are exempt from the requirements of 3.13.2.d. b. Solar Reflectance 1. For roofing materials, all roof exterior surfaces and building materials used to comply with this section, shall have a minimum Solar Reflectance as specified in sections 3.13.2.c and 3.13.2.d when (i) tested in accordance with ASTM E903 or ASTM E1918, (ii) tested with a portable reflectometer at near ambient conditions, (iii) labeled by the Cool Roof Rating Council, or (iv) labeled as an Energy Star qualified roof product. Any product that has been rated by the Cool Roof Rating Council or by Energy Star shall display a label verifying the rating of the product. 2. For paving materials, all paving materials used to comply with this section shall have a mini- mum solar reflectance as specified in sections 3.13.2.d when (i) tested in accordance with ASTM E903 or ASTM E1918, (ii) tested with a portable reflectometer at near ambient condi- tions, or (iii) default values of Solar Reflectance for listed materials may be used as follows: Material Solar Reflectance Typical new gray concrete 0.35 Typical weathered gray concrete 0.20 Typical new white concrete 0.40 Typical weathered white concrete 0.40 New asphalt 0.05 Weathered asphalt 0.10 c. Roof 1. Requirements for Low Sloped Roofs Roofing materials used in roofs with slopes of a rise of zero (0) units in a horizontal length (0:12 pitch) up to and including roofs with slopes of a rise of two (2) units in a horizontal length of 12 units (2:12 units) ("low -sloped") shall meet the following requirements: (a) Low -sloped roofs constructed as part of a new building shall utilize roofing products that meet or exceed an initial reflectance value of 0.72 or a three-year installed reflectance value of 0.5 as determined by the Cool Roof Rating Council or by Energy Star. 111.29 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES g• (b) Exception. Where more than 50% of the total gross area of the low -sloped roof is covered with vegetation associated with an extensive or intensive green roof as defined by the US EPA, the remainder of the roof shall have a reflectance value of a minimum of 0.30 and the rooftop deck exception in section 3.13.2.a.1 applies. (c) Exception. Ballasted roofs with a minimum of 15 Ibs/sq. ft. or ballast over the entire roof surface may have a reflectance value of a minimum of 0.30. For the purposes of this section, "ballast" shall mean river rock aggregate or larger, pavers or other means of weighing down a roofing membrane over a substrate to resist wind uplift. 2. Requirements for Steep Sloped Roofs Roofing materials used in roofs with slopes of a rise greater than two (2) units in a horizontal length (2:12 pitch) ("steep -sloped") shall meet the following requirements: (a) Steep sloped roofs shall have an initial Solar Reflectance of 0.15 or greater. 3. Requirements for Roofs with Multiple Slopes Roofs with multiple slopes shall be subject to those requirements applicable to the slope which covers the largest area of the building footprint. Non -roof Requirements 1. Provide any combination of the following strategies for fifty percent (50%) of the site Hard- scape: (a) Shade from solar panels or roofing materials with a Solar Reflectance of at least 0.30. (b) Shade from trees within five (5) years of occupancy. (c) Paving materials with a Solar Reflectance of at least 0.30. (d) Pervious Pavement System. OR 2. Place a minimum of fifty -percent (50%) of parking spaces under cover (defined as under- ground, under deck, under roof, or under building). Any roof used to shade or cover parking must have a Solar Reflectance of at least 0.30. 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this section is to allow bonus Building Height and FLR in T6 Zones and bonus Building Height in D1 Zones in exchange for the developer's con- tribution to specified programs that provide benefits to the public. 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, above that which is otherwise required by this Code, in the amount and in the manner as set forth herein. 111.30 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES The bonus shall not be available to properties in a T6 Zone if the property abuts a T3 Zone or in a T6-8 Zone if the property abuts a CS Zone. 1. T6-8: eight Story maximum, bonus to twelve (12) Stories, FLR 5; bonus of twenty-five percent (25%) 2. T6-12: twelve (12) Story maximum, bonus to twenty (20) Stories, FLR 8, bonus of thirty per- cent (30%) 3. T6-24a: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 7, bonus of thirty percent (30°/a) 4. T6-24b: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 16, bonus of forty percent (40%) 5. T6-36a: thirty-six (36) Story maximum, bonus to sixty (60) Stories, FLR 12, bonus of forty percent (40%) 6. T6-36b: thirty-six (36) Story maximum, bonus up to sixty (60) Stories, FLR 22, bonus of forty percent (40%) 7. T6-48a: forty eight (48) Story maximum, bonus up to eighty (80) Stories, FLR 11, bonus of fifty percent (50%) 8. T6-48b: forty eight (48) Story maximum, bonus up to eighty (80) Stories, FLR 18, bonus of fifty percent (50%) 9. T6-60a: sixty (60) Story maximum, bonus up to unlimited Stories, FLR 11, bonus of fifty percent (50%) 10. T6-60b: sixty (60) Story maximum, bonus up to unlimited Stories, FLR 18, bonus of fifty percent (50%) 11. T6-80: eighty (80) Story maximum, bonus to unlimited Stories, FLR 24; bonus of fifty percent (50%). Transect Zone Heights are fully described in Article 5. In addition, certain other bonuses may be provided as follows: 11. An additional Story in a T5 zone that Abuts a D1 zone, for an equivalent square footage of Affordable/ Workforce Housing as described in Section 3.14.4. This shall not be applicable to properties Abutting T3 zones. 12. In T6 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum Buildings as described in Section 3.14.4. 13. An additional Story in any zone for development of a Brownfield as described in Section 3.14.4. 14. In T6 zones additional Height and FLR for development that donates a Civic Space Type or Civil Support Use area to the City of Miami as described in Section 3.14.4. 3.14.2 Upon providing a binding commitment for the specified public benefits as provided in Section 3.14.3 below, the proposed development project shall be allowed to build within the restrictions of the spe- cific Transect Zone, up to the bonus Height and FLR as established in this Section. The only square footage allowed above the maximum Height is that achieved through the bonus program. 111.31 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES 3.14.3 The proposed bonus Height and FLR shall be permitted in exchange for contribution to the City for the following public benefits: affordable/workforce housing, Public Parks and Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space. The City shall establish a Miami 21 Public Benefits Trust Fund for the cash contributions for Affordable/ Workforce Housing, Public Parks and Open Space, and Green Building certification shortfall penalty made under this section. The City Commission, upon the manager's recommendation, shall annually decide the allocation of funds from the Trust Fund collected under this section. All cash contributions thus allocated by the Commission to support affordable/ workforce housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the City Commission. All cash contributions thus allocated by the Commission to support Parks and Open Space shall be deposited in the Parks and Open Space Trust Fund, set forth in Chapter 62 of the City Code, to be expended in accordance with the guidelines outlined therein. a. Definitions 1. Affordable/ Workforce Housing shall mean: housing available to families which meet the qualifications as established by the City Community Development Department. 2. Public Parks and Open Space shall mean: Open Space meeting the standards of Article 4, Table 7 of this Code. 3. Green Building shall mean a Building certified by the United States Green Building Council (USGBC) as Silver, Gold or Platinum rated. 4. Brownfield shall mean: a site within the City that is subject to a Brownfield Site Rehabilita- tion Agreement (BSRA) executed between the property owner and the City Department of Economic Development. 3.14.4 For the purposes of the public benefits program, the following criteria shall apply: a. Affordable/ Workforce Housing. The development project in a T6 zone may provide any of the following or combination thereof: 1. Affordable/workforce housing on site of the development. For each square foot of afford- able/workforce housing (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. 2. Affordable/Workforce housing off -site. For each square foot of affordable /workforce housing (including pertaining shared space such as parking and circulation) provided off site, in a location within the City approved by the City Manager, the development shall be allowed an equivalent square footage of additional area up to the bonus Height and FLR as described in Section 3.14.1. No additional allowance is given for the purchase of the site. 3. Trust Fund contributions. For a cash contribution to the Miami 21 Public Benefit Trust Fund, the development shall be allowed additional Floor Area up to the bonus Height and FLR de- scribed in Section 3.14.1. The cash contribution shall be determined based on a percentage of the market value of the per square foot price being charged for units at projects within the market area where the proposed project seeking the bonus is located. The calculation 111.32 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES assumes a land value per saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of market area's weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect market conditions effective October 1st of every year. b. Public Parks, Open Space, or Park Improvements. The development project in a T6 zone may provide any of the following or combination thereof: 1. Public Park, or Open Space, provided through purchase and in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department. In addition park improvements provided through donation for Public Parks with amenity levels that are Moderate or that Need Improvement as defined by the Parks Department Facilities' Asses- ment Report. i. For each square foot of dedicated public Park or Open Space provided, the development shall be allowed two times the development Floor Area of provided land up to the bonus Height and FLR as described in Section 3.14.1. The Open Space may be a Park, Green or Square, as more fully described in Article 4, Table 7 of this Code. ii. Park improvements shall be valuated and for said value the development project shall be allowed additional FloorArea up to the bonus Height and FLR described in Section 3.14.1 and shall for all applicable purposes be treated as a Trust Fund contribution pursuant to Section 3.14.4. b. (3) . iii. Park improvements for Public Parks in areas below 50% median income threshold shall be allowed two times the valuation credit. iv Donations must meet all City requirements for design, equipment specifications, construc- tion, warranties, etc. Park improvements are subject to review and approval by the City Manager or designee in accordance with Miami 21. 2. Public Open Space provided on -site in a location and of a design to be approved by the Planning Director. For each square foot of dedicated public Park or Open Space provided, the development shall be allowed an equivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.14.1. The project shall maintain the Frontage requirements of the Transect Zone. The Open Space may be a Courtyard, Plaza, or Thoroughfare or Pedestrian Passage through the site connecting two (2) Thoroughfares, such as a segment of the Baywalk or FEC Greenway. See Article 4, Table 7. 3. Trust Fund contribution. For a cash contribution to the Miami 21 Public Benefits Trust Fund, the development project shall be allowed additional Floor Area up to the bonus Height and FLR described in Section 3.14.1. The cash contribution shall be determined based on a percentage of the market value of the per square foot price being charged for units at proj- ects within the market area where the proposed project seeking the bonus is located. The calculation assumes a land value per saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of market area's weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect market conditions effective October 1st of every year. 111.33 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - JANUARY 2018 c. Historic Preservation. Bonus Floor Area to the maximum bonus Height and FLR as described in Section 3.14.1 shall be allowed for additional square footage qualified under the city Transfer of Development Rights program established in Chapter 23, City Code. d. Green Building. In a T6 zone, additional Height and FLR shall be allowed for Buildings certified by the U.S. Green Building Council as follows: 1. Silver: For Buildings under 50,000 sf, 2.0% of the floor lot ratio (FLR) 2. Gold: 4.0% of the Floor Lot Ratio (FLR) 3. Platinum: 13.0% of the Floor Lot Ratio (FLR) Note: Standards equivalent to the USGBC, as adopted by the City, may alternatively apply. If at the time the first Certificate of Occupancy is issued for the Building that received a public benefits bonus for a Green Building, the anticipated LEED certification has not been achieved, then the owner shall post a performance bond in a form acceptable to the City of Miami. The performance bond shall be determined based on the value of land per square foot of Building in the area of the City in which the proposed project is located, which may be adjusted from time to time based on market conditions. The methodology for determining the value of land per square foot of Building shall be maintained in the Planning Department. The City will draw down on the bond funds if LEED certification has not been achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for the Building. Funds that become available to the City from the forfeiture of the performance bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code. e. Brownfields. One additional Story of Height shall be permitted for redevelopment on a Brownfield Site as defined herein. f. Civic Space Types and Civil Support Uses. For a development project in a T6 zone that donates a Civic Space Types or Civil Support Uses on site to the City of Miami, an additional two square feet of area for each square foot of donated space or use, up to the bonus Height and FLR, shall be allowed. 3.14.5 No Building permit shall be issued for bonus Height and FLR until the Zoning Administrator has certi- fied compliance with the provisions of this section, upon referral and assurance of compliance from applicable departments. Certification shall be made only after a certified check has been deposited and cleared to the Miami 21 Public Benefits Trust Fund or, for non cash contributions, a binding com- mitment has been approved by the City Manager. The cash contribution shall be nonrefundable. 3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS The intent of the Affordable Housing special benefit program established in this section is to facilitate the development of high quality Affordable Housing in the City by providing development incentives, including, but not limited to, modifications of architectural/design standards and parking reductions. 3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible for any of the special benefits described in Section 3.15, an applicant shall submit to the Office of Zoning: a. Certification by the City's Community and Economic Development Department that the pro- 111.34 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES posed Development will provide a minimum of eighty percent (80%) of the Dwelling Units (Multi -family or Elderly) as Affordable Housing serving residents at or below sixty percent (60%) of the area median income (AMI) as published by the United States Department of Housing and Urban Development annually; or that the proposed Development is a mixed -in- come building providing at least forty percent (40%) of the units as Affordable Housing serving residents at or below sixty percent (60%) of AMI or providing at least twenty percent (20%) of the units as Affordable Housing serving residents at or below fifty percent (50%) ofAMI, is not restricted to elderly residents, and is located within a Residential Density Increase Area as set forth in Article 4, Diagram 9 of the Miami 21 Code; b. A recorded covenant running with the land acceptable to the City of Miami, confirming the property will meet the criteria in subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy 3.15.2 As a pre -requisite to qualify as an Attainable Mixed -Income Housing Development eligible for any of the special benefits described in Section 3.15, an applicant shall submit to the Office of Zoning: a. Certification by the City's Community and Economic Development Department that the proposed Development will provide a minimum of forty percent (40%) of the Dwelling Units as Affordable Housing serving residents at or below sixty percent (60%) ofAM1 and the remainder of the Dwelling Units as Workforce Housing; or certification by the City's Community and Economic Development Department that the proposed Development will provide a minimum of twenty percent (20%) of the Dwelling Units as Affordable Housing serving residents at or below fifty percent (50%) ofAMI and the remainder of the Dwelling Units as Workforce Housing. b. Verification that the proposed Development is within a quarter (1/4) mile of a Transit Corridor, or a half (%2) mile of a TOD. c. A recorded covenant running with the land acceptable to the City of Miami, confirming the property will meet the criteria in subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy, with two (2) automatic ten (10) year extensions that may be released by a vote of the City Commission. 3.15.3 Affordable and Attainable Mixed -Income Housing Developments that abut a T3 Zone are not eligible for the provisions in Section 3.15. Affordable and Attainable Mixed -Income Housing Developments that abut a T4 Zone shall require a Warrant for consideration under Section 3.15. 3.15.4 In place of any conflicting provisions elsewhere in this Code, Affordable and Attainable Mixed -Income Housing Developments may be developed in accordance with the following, subject to a Warrant: a. Height 1. T5: Maximum building height of 75 feet with no limitation on the number of Stories; 2. T6-8: Maximum building height of 125 feet with no limitation on the number of Stories; 3. T6-12: Maximum building height of 240 feet with no limitation on the number of Stories; b. Parking may extend into the Second Layer above the first Story along all Frontages. The Fagade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal from view all internal elements including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location, and materials for such screening elements shall be reviewed by Waiver with referral to the Planning Department. 111.35 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES c. Pedestrian or Vehicular Cross Block Passages shall not be required. d. Development Abutting two (2) or more Thoroughfares shall have only one (1) Principal Front- age and shall not be subject to the minimum Principal Frontage Line requirement. Determina- tion of which Frontage is to serve as the Principal Frontage shall be made by the Planning Director upon request by the Zoning Administrator. e. Development shall not be subject to maximum Lot Area requirements. f. Development in T6 Zones shall be exempt from complying with the requirements contained in Sections 5.6.1 (h) and 5.6.2 (b). g• Setback requirements above the eighth floor may be modified by Waiver for Development in T6 Zones. 3.15.5 Parking requirements for those units that qualify as Affordable or Attainable Mixed -Income Housing may be reduced as stated below. The parking reductions below may be cumulative; however in no event shall parking be reduced by more than eighty percent (80%) of the spaces required. a. A thirty-five percent (35%) reduction in required parking is permitted by Right. b. Within a Transit Oriented Development (TOD), an additional reduction of fifteen percent (15%) of required parking is permitted by Right and an additional reduction of fifteen percent (15%) of required parking is permitted for Attainable Mixed -Income Housing Projects by Waiver. c. An additional reduction of up to fifteen percent (15%) of required parking may be permitted by Warrant, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. d. Parking for development proposals providing Housing for the Elderly may be reduced by War- rant to provide a maximum of one (1) parking space per every two (2) Dwelling Units provided as Elderly Housing, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. e. Affordable orAttainable Mixed -Income Housing Developments whose parking has been reduced under the terms set forth in Section 3.15 will continue to operate under the recorded covenant described in Subsection 3.15.1(b) or 3.1.5.2(b), until parking requirements applicable at the time of release are met. 3.15.6 In addition to the Development incentives listed above, Attainable Mixed -Income Housing projects shall be afforded Density bonuses as follows; a. Any Development that meets the criteria in Subsection 3.15.2 (a) and 3.15.2 (b) and provides a minimum of ten percent (10%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided one (1) additional unit of Density perAttainable-Workforce Housing unit provided. The Development after the Density bonus shall maintain the affordable and workforce 111.36 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES housing mix described in 3.15.2 (a), and shall provide ten percent (10%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. b. Any Development that meets the criteria in Subsection 3.15.2 (a) and 3.15.2 (b) and provides a minimum of five percent (5%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided one half (1/2) additional unit of Density Attainable -Workforce Housing unit provided. The Development after the Density bonus shall maintain the affordable and workforce housing mix described in 3.15.2 (a), and shall provide five percent (5%) of the Dwelling Units as Extremely Low Income Housing for the entire Development 3.16 WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 3.16.1 As a pre -requisite to qualify as an Attainable Workforce Housing Development eligible for any of the special benefits described in Section 3.16, an applicant shall submit to the Office of Zoning: a. Certification by the City's Community and Economic Development Department that the proposed Development will provide a minimum of twenty-five percent (25%) of the Dwelling Units as Work- force Housing serving residents above sixty percent (60%) of the area median income ("AMI") and at or below eighty percent (80%) of the AMI as published by the United States Department of Housing and Urban Development ("HUD") annually; that the proposed Development will provide a minimum of fifty percent (50%) of the Dwelling Units as Workforce Housing serving residents above eighty percent (80%) of the AMI and at or below one -hundred -twenty percent (120%) of the AMI as published by HUD annually; and the proposed Development will provide the remain- ing Dwelling Units as Workforce Housing serving residents above sixty percent (60%) of the AMI and at or below one -hundred -forty percent (140%) of the AMI as published by HUD annually; b. Verification that the proposed Development is within a quarter ('/4) mile from a Transit Corridor or a half (%2) mile from a Transit Oriented Development ("TOD"); and c. A recorded covenant running with the land, in a form acceptable to the City Attorney, requiring the property meet the criteria in Subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a temporary or final Certificate of Occupancy, whichever is issued first. 3.16.2 Attainable Workforce Housing Developments that Abut a T3 Zone are not eligible for the provisions in Section 3.16. Attainable Workforce Housing Developments that abut a T4 Zone shall require a Warrant for consideration under Section 3.16. 3.16.3 Notwithstanding any conflicting provisions elsewhere in this Code, Attainable Workforce Housing Developments may be developed in accordance with the following, subject to a Warrant: a. Height 1. T5: Maximum building height of seventy-five (75) feet with no limitation on the number of Stories; 2. T6-8: Maximum building height of one hundred twenty-five (125) feet with no limitation on the number of Stories; 3. T6-12: Maximum building height of two hundred forty (240) feet with no limitation on the 111.37 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 3. GENERAL TO ZONES number of Stories; b. Parking may extend into the Second Layer above the first Story along all Frontages. The Facade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal from view all internal elements including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location, and materials for such screening elements shall be reviewed by the Planning Department. c. Pedestrian or Vehicular Cross Block Passages shall not be required. d. Developments abutting two (2) or more Thoroughfares shall have only one (1) Principal Front- age and shall not be subject to the minimum Principal Frontage Line requirement. Determination of which Frontage is to serve as the Principal Frontage shall be made by the Planning Director upon request by the Zoning Administrator. e. Developments shall not be subject to maximum Lot Area requirements. f. Developments in T6 Zones shall be exempt from complying with the requirements contained in Sections 5.6.1(h) and 5.6.2(b). g. Setback requirements above the eighth floor may be modified for Developments in T6 Zones. 3.16.4 Parking requirements for those units that qualify as Attainable Workforce Housing may be reduced as stated below. The parking reductions below may be cumulative; however, in no event shall park- ing be reduced by more than eighty percent (80%) of the spaces required. a. A thirty-five percent (35%) reduction in required parking is permitted by Right. b. Within a TOD, an additional reduction of fifteen percent (15%) of required parking is permitted by Right and an additional reduction of fifteen percent (15%) of required parking is permitted for Attainable Workforce Housing Projects by Waiver. c. An additional reduction of up to fifteen percent (15%) of required parking may be permitted by Warrant, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. d. Attainable Workforce Housing Developments whose parking has been reduced under the terms set forth in Section 3.16 will continue to operate under the recorded covenant described in Sub- section 3.16.1(c), until parking requirements applicable at the time of release are met. 3.17 PUBLIC ART REQUIREMENTS Government Development Projects shall comply with all applicable provisions of the Public Art Pro- gram pursuant to Article 11 of this Code and Chapter 62, Article XVI, of the City Code, as applicable. 111.38 MIAMI 21 ARTICLE 4. STANDARDS & TABLES AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS TABLE 1 TRANSECT ZONE DESCRIPTIONS IV.5 TABLE 2 MIAMI 21 SUMMARY IV.6 TABLE 3 BUILDING FUNCTION: USES IV.8 TABLE 4 DENSITY, INTENSITY AND PARKING IV.9 TABLE 5 BUILDING FUNCTION: PARKING AND LOADING IV.27 TABLE 6 FRONTAGES IV.28 TABLE 7 CIVIC SPACE TYPES IV.29 TABLE 8 DEFINITIONS ILLUSTRATED IV.30 DIAGRAM 9 RESIDENTIAL DENSITY INCREASE AREAS IV.31 DIAGRAM 10 AREA SPECIFIC ILLUSTRATIONS IV.32 DIAGRAM 11 TRANSIT ORIENTED DEVELOPMENT - TOD IV.33 TABLE 12 DESIGN REVIEW CRITERIA IV.34 MIAMI 21 ARTICLE 4. STANDARDS & TABLES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. IV.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. STANDARDS & TABLES Amendments to Article 4 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13165 04-22-2010 Marine Related and Childcare Uses in CS Transect 10-00285zt 13164 04-22-2010 Alcohol Uses by Exception 10-00287zt 13176 05-13-2010 D1 Density 10-00361zt 13235 11-18-2010 Minor and non -substantial modifications through- out the Code 10-00956zt 13238 12-16-2010 Requirements for sheds and other structures; loading berth substitutions; requirements for child are facilities; requirements for public and commercial storage facilities; distance separa- tion requirements forALF's; distance separation requirements for uses and structures 10-00963zt 13239 12-16-2010 Parking ratios for Educational Facilities 10-00964zt 13281 07-28-2011 Regional Activity Complex permissibility and sign regulations for same 11-00588zt 13290 10-27-2011 Minor modifications to Article 4 11-00585zt 13307 01-26-2012 Public Storage Facilities modifications 11-00875zt 13452 04-24-2014 Amend Article 4, Table 7; Public Benefits for Park Improvements 13-01088zt 13464 05-22-2014 Update Article 4 Table 12; Sign Standards 12-00941zt1 13507 03-12-2015 Modification of Article 4, Table 2 to include T6-24b 14-01198zt 13565 10-22-2015 Amend Transit Corridor Definition and Standards for Parking Reductions 14-01076zt1 13695 07-13-2017 Civic space zones density, intensity, and parking requirements. 2289 13729 12-14-2017 Micro dwelling units definitions, and residental density intensity and parking requirements. 3108 13729 01-25-2018 Alcohol Service Establishment, Food Service Establishment, and supplemental regulations. 1972 IV.3 MIAMI 21 ARTICLE 4. STANDARDS & TABLES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. IV.4 MIAMI 21 ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTIONS AS ADOPTED - JANUARY 2018 THE NATURAL ZONE consists of lands approximat- ing a wilderness condition, permanently set aside for conservation in an essentially natural state. THE RURAL ZONE consists oflands in open orcultivated state or sparsely settled. These include woodland, grassland and agricultural land. THE SUB -URBAN ZONE consists of low -Density areas, primarily comprised of Single -Family and Two Family residential units with relatively deep Setbacks, Streetscapes with swales, and with or without Side- walks. Blocks may be large and the roads may be of irregular geometry to accommodate natural and historic conditions. THE GENERAL URBAN ZONE consistsofa Mixed -Use but primarily residential urban fabric with a range of Building types including rowhouses, small apartment Buildings, and bungalow courts. Setbacks are short with an urban Streetscape ofwide Sidewalks and trees in planters. Thoroughfares typically define medium- sized blocks. THE URBAN CENTER ZONE consistsofhigherDensity Mixed -Use Building types that accommodate retail and office Uses, rowhouses and apartments. A network of small blocks has Thoroughfares with wide Sidewalks, steady street tree planting and Buildings set close to the Frontages with frequent doors and windows. THE URBAN CORE ZONE consists of the highest Density and greatest variety of Uses, including Civic Buildings of regional importance. A network of small blocks has Thoroughfares with wide Sidewalks, with steady tree planting and Buildings set close to the Frontage with frequent doors and windows. THE CIVIC ZONE consists of public use space and facilities that may contrast in use to their surroundings while reflecting adjacent Setbacks and landscape. THE DISTRICT ZONE consists of the least regulated Building and accommodates commercial and industrial Uses of a scale and with a Streetscape that facilitate vehicular access. o' 7r.. oxU a i1 44 ,.-®ait -I - )'-)C l n— „ o°�o oSo m 'MA D 1Er • . . 0.a.,a«sa pG' yr' . ._ 7 -__ § .:,. fr1 ooc opO 03 (i.Cei.e.Q..QQ!_.. 104 . 1a, oU-r^♦ •o ¢ .. , ■ - - - - - go°°t � �• '�,e ono a.s.re = -- 67 -,-..,1 0 fir. (*- _iiu S All .. OGOoo ,( goo og°°,-.d30//0 ')0.'' a. P..,.allOQQIII..,-*no1 -1 . a ? 1 �0 j -• eoae? etc,* w i .. M, ■ �,Q 1,-,,,, ♦ �\ ! ,r ac o.., / P V � * J11113 ■ 0.- 00 /G �J xr , ,, i xuu, 0,C _ . )o �(( 0p000� al Na L.,' ' o C �-'o am/ akQ--9-a 1 .. a. rr -'_ - ow... , 1 , , • eV& M M Drere k- _) ` - ° �� ,6 -�.� a --rrrc'rnra °°°°104 - 0. .e<?;• _ ._ QQl !foal a 1 a 1 ,. _. ♦ E IN _ .■ �s i . IV.5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY R U R A L I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LOT OCCUPATION ,•■• a ■��� — :1.4 aI T1 P3 RURAL ZONE m SUB -URBAN ZONE iiio GENERAL URBAN ZONE T5 URBAN CENTER ZONE T6-12 URBAN CORE zONES T6-24 NATURAL ZONE a. Lot Area 5,000 s.f. min. 1,400 s.f. - 20,000 s.f. ** 1,200 s.f. - 40,000 s.f.** 5,000 sf. min 40,000 s.f. max.** 5,000 sf. min. 70,000 s.f. max.** 5,000 sf. min. 100,000 s.f.max. ** b. Lot Width 50 ft. min. 16 ft. min / 50 ft. min.** 16 ft. min / 50 ft. min.** 50 ft. min. 50 ft. min. 50 ft. min. c. Lot Coverage 50%max.lstFloor 30%max. 2nd Floor for T3 R & T3L only 60% max. 80% max. 80% max.** 80%max.** 80%max.** d. Floor Lot Ratio (FLR) 5 / 25% additional Public Benefit*** 8 / 30% additional Public Benefit *** a. 7 / 30% additional Public Benefit or b.16 / 40% additional Public Benefit *** e. Frontage at front Setback 50%min. 70% min. 70% min. 70% min. 70% min. f. Green / Open Space Requirements 25% Lot Area min. 15% Lot Area min. 10% Lot Area min. 10% Lot Area min. 10% Lot Area min. 10% Lot Area min. g. Density 9-18 du/acre max.** 36 du/acre max. 65 du/acre max. 150 du /acre * 150 du /acre * 150 du /acre * BUILDING SETBACK a. Principal Front 20 ft. min. 10 ft.min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. b. Secondary Front 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. c. Side 5 ft. min.** 0 ft. min. / 5 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** d. Rear 20 ft. min. 20 ft. min. 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** OUTBUILDING SETBACK a. Principal Front 20 ft. min. (T3 L only) 30 ft. min. b. Secondary Front 10 ft. min. (T3 L only) 10 ft. min. c. Side 5 ft. min. (T3 L only) 0 ft. min. / 5 ft. min. d. Rear 5 ft. min. (T3 L only) 5 ft. min. PRIVATE FRONTAGES a. Common Lawn permitted permitted prohibited prohibited prohibited prohibited b. Porch &Fence permitted permitted prohibited prohibited prohibited prohibited c. Terrace or L.C. prohibited permitted prohibited prohibited prohibited prohibited d. Forecourt prohibited permitted permitted permitted permitted permitted e. Stoop prohibited permitted permitted permitted permitted permitted f. Shopfront prohibited permitted (T4 L, T4 0) permitted (T5 L, T5 0) permitted (T6-6 L, T6-8 0) permitted (T6-12 L, T6-12 0) permitted (T6-24L, T6-240) g. Gallery prohibited prohibited permitted** permitted** permitted** permitted** h. Arcade prohibited prohibited permitted** permitted** permitted** permitted** BUILDING HEIGHT (Stories) a. Principal Building 2 max. 3 max. 2 min. 5 max. 2 min. 8 max. 2 min. 12 max. 2 min. 24 max. b. Outbuilding 2 max. 2 max. c. Benefit Height Abutting T6, T5 & T4 only 1 max.** 4max.** 8 max.** 24 max.** THOROUGHFARES a. HW&RR permitted prohibited prohibited prohibited prohibited prohibited b. BV permitted permitted permitted permitted permitted permitted c. SR permitted permitted prohibited permitted permitted permitted d. RS permitted permitted prohibited permitted permitted permitted e. SS &AV prohibited prohibited permitted permitted permitted permitted f. CS &AV prohibited prohibited permitted permitted permitted permitted g.Rear Lane permitted permitted prohibited prohibited prohibited prohibited h. Rear Alley permitted permitted permitted permitted permitted permitted i. Path permitted permitted prohibited prohibited prohibited prohibited j. Passage permitted permitted permitted permitted permitted permitted k. Bicycle Path permitted permitted permitted permitted permitted permitted I. Bicycle Lane permitted permitted permitted permitted permitted permitted m. Bicycle Route permitted permitted permitted permitted permitted permitted n. Sharrow prohibited permitted permitted permitted permitted permitted o. Priority Bicycle Route permitted permitted prohibited permitted permitted permitted *Or as modified in Diagram 9 ** Note'. Refer to Article 5 for Specific Transect Zone Regulations *** Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3) IV.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. TABLE 2 MIAMI 21 SUMMARY I I I I I I I I I I URBAN DISTRICTS CIVIC I �.s I ■ 111111 T6-36 T6-48 T6-60 T6-80 LOT OCCUPATION URBANCOREZONES D1 WORKPLACE D2 INDUSTRIAL D3 WATERFRONT INDUSTRIAL I -HD CIVIC HEALTH INSDISTITUTION ICN a. Lot Area 5,000 sf. min. 5,000 sf. min. 5,000 sf. min. 5,000 sf. min. 5,000 s.f. min. 5,000 s.f. min. 10,000 s.f. min. 10,000 s.f. min. b. Lot Width 100 ft. min. 10011. min. 100 ft. min. 100 ft. min. 50 ft. min. 50 ft. min. 100 ft. min. 50 ft. min. c.LotCoverage 80%max.** 80%max.** 80%max.** 80%max.** 80%max 90%max 90%max 80%max d. Floor Lot Ratio (FLR) a.12 or b.22 / 40% additional Public Benefit *'* a.11 or b.18 / 50% additional Public Benefit**' a.11 or b.18 / 50% additional Public Benefit*** 24 / 50% additional Public Benefit**' 8 e. Frontage at front Setback 70%min. 70% min. 70% min. 70% min. None None None None f. Open Space Requirements 10% Lot Area min. 10% Lot Area min. 10% Lot Area min. 10% Lot Area min. 5% Lot Area min. 5% Lot Area min. 5% Lot Area min. 10% Lot Area min. g. Density 150 du /acre * 150 du /acre * 150 du /acre * 150 du /acre * 36 du/acre max. 150 du /acre BUILDING SETBACK a. Principal Front 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 5 ft. min. 10 ft. min. b. Secondary Front 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 5 ft. min. 5 ft. min. 10 ft. min. c. Side 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** d. Rear 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** 0 ft. min.** OUTBUILDING SETBACK a. Principal Front b. Secondary Front c. Side d. Rear PRIVATE FRONTAGES a. Common Lawn prohibited prohibited prohibited prohibited prohibited prohibited prohibited permitted b. Porch &Fence prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited c. Terrace or L.C. prohibited prohibited prohibited prohibited permitted permitted permitted permitted d. Forecourt permitted permitted permitted permitted permitted permitted permitted permitted e. Stoop permitted permitted permitted permitted permitted permitted permitted permitted f. Shopfront permitted (T6-36 L, T6-36 0) permitted (T6-48 L, T6-48 0) permitted (T6-60 L, T6-60 0) permitted (T6-80 L, T6-80 0) permitted permitted permitted permitted g. Gallery permitted** permitted ** permitted ** permitted** permitted** permitted** permitted** permitted *' h. Arcade permitted** permitted ** permitted ** permitted** permitted** permitted** permitted** permitted *' BUILDING HEIGHT (Stories) a. Principal Building 2 min. 36 max. 2 min. 48 max. 2 min. 60 max. 2 min. 80 max. none 8 max. none 8 max. none 8 max. 1 min. As regulated by F.A.A. b. Outbuilding c. Benefit Height Abutting T6, T5 & T4 only 24 max.** 32 max.** unlimited ** unlimited ** 2 max.** THOROUGHFARES a. HW & RR prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited b. BV permitted permitted permitted permitted permitted permitted permitted permitted c. SR permitted permitted permitted permitted permitted permitted permitted permitted d. RS permitted permitted permitted permitted permitted permitted permitted permitted e. SS &AV permitted permitted permitted permitted permitted permitted permitted permitted f. CS &AV permitted permitted permitted permitted permitted permitted permitted permitted g. Rear Lane prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited h. Rear Alley permitted permitted permitted permitted permitted permitted permitted permitted i. Path prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited j. Passage permitted permitted permitted permitted permitted permitted permitted permitted k. Bicycle Path permitted permitted permitted permitted permitted permitted permitted permitted I. Bicycle Lane permitted permitted permitted permitted permitted permitted prohibited prohibited m. Bicycle Route permitted permitted permitted permitted permitted permitted permitted permitted n. Sharrow permitted permitted permitted permitted permitted permitted permitted permitted o. Priority Bicycle Route permitted permitted permitted permitted permitted permitted permitted permitted * Or as modified in Diagram 9 ** Note: Refer to Article 5 for Specific Transact Zone Regulations *** Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3) IV.7 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK WORK - LIVE LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. - ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE/ UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL. MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY T3 SU B-U RBAN R L 0 9 9 18 R R R R R R R R R R R E E E E E E W W W E E E E E E E E E T4 URBAN GENERAL R L 0 36 36 36 R R R R R R R R R R R R R R R E E R R R R R W R R R R R R R R E E R R W W E R R E R R W W W W W E W W W W W W E W W E E E E E E E E E E E R R E R Albwed By Right WAllowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing -granted by PZAB (Planning, Zoning & Appeals Board) Boxes with no designation signify Use prohibited. T5 URBAN CENTER R L 0 65 65 65 R R R R R R R R R R R R R R R R R R R E R R R R R R R R W W R R R E E R R W W W W R R R R W W E R R E R R W W W W W E W W E W W E W W E W W W W E W W R R E W W E R R R R W W T6 URBAN CORE R L 0 150* 150* 150* R R R R R R R R R R R R R R R R R R R E R R E R R R R R R W W R R W R R E E W R R W W W W E R R R R W W E R R E R R E W W W W W E W W E W W E W W W W W W W E W W R R E W W E R R R R W W C CIVIC CS CI CI -HD NIA AZ** 150* R R E R R R R R R R E R W E R E E E R E W E R E E E R W E W W E W W E R E E E E W E W E R R E E R E R E R E E R E R E R E E R E R E R E R E R D DISTRICTS D1 D2 D3 36 NIA NIA R R R R R W R R R R R R R W E E E R R W R R R R R W R R W R R W R R R R R R W R R W W R W E E E R R R R R W E W W R R W E E E E E E R R W R R W R R W R R W R R R R R W R R W Uses may be further modified by Supplemental Regulations, State Regulations, or other provisions of this Code. See City Code Chapter 4 for regulations related to Alcohol Beverage Service Estab. * Additional densities in some T6 zones are illustrated in Diagram 9. **AZ: Density of lowest Abutting Zone IV.8 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING T3 - SUB -URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 9 UNITS PER ACRE 9 UNITS PER ACRE 18 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces per principal Dwelling Unit. • Adult Family -Care Homes - Minimum of 1 parking 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. Residential Uses are permissible as listed in Table 3, limited by compliance with: • All Dwelling Units shall be under single ownership • Minimum of 2 parking spaces per principal Dwelling Unit. • Minimum of 1 parking space per Ancillary Dwelling Unit. .Adult Family -Care Homes - Minimum of 1 parking 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 Dwelling Units. Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces per principal Dwelling Unit. • Adult Family -Care Homes- Minimum of 1 parking 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 Dwelling Units. CIVIC Civic Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 5 seats of as- sembly use. • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for other Uses as required. Civic Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 5 seats of as- sembly use. • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for other Uses as required. Civic Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 5 seats of as- sembly use. • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for other Uses as required. CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 800 square feet of Civil Support Use. • Minimum of 1 parking space for every 5 seats of as- sembly uses. Civil Support Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 800 square feet of Civil Support Use. • Minimum of 1 parking space for every 5 seats of as- sembly uses. Civil Support Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 800 square feet of Civil Support Use. • Minimum of 1 parking space for every 5 seats of as- sembly uses. EDUCATIONAL Educational Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools — Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, and parking space per 5 students in grades 11 and 12. Educational Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools — Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12. Educational Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 square feet of Educational Use. • Schools — Minimum of 1 parking space for each faculty or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12. IV.9 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per principal Dwelling Unit. • Ancillary Dwelling - Minimum of 1 parking space per ancillary dwelling unit. • Adult Family -Care Homes - Minimum of 1 parking 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 Dwelling Units. • Exceptforsiteswithin 500feet ofan ungatedT3Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per principal Dwelling Unit. • Ancillary Dwelling - Minimum of 1 parking space per ancillary dwelling unit. • Live -work - Work component shall provide parking as required by non-residential use in addition to parking required for the Dwelling Units. • Adult Family -Care Homes - Minimum of 1 parking 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 Dwelling Units. . Parking requirement mabe reduced accordinto the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except forsites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (O%) by process ofWaiver; by up tofifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces perprincipal Dwelling Unit. • Ancillary Dwelling - Minimum of 1 parking space per ancillary dwelling unit. • Live -work - Work component shall provide parking as required by non-residential use in addition to parking required for the Dwelling Unit. • Adult Family -Care Homes - Minimum of 1 parking 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 Dwelling Units. • Parking requirement may be reduced according to the Shared parkingstandard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver, by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. LODGING • See City Code, Chapter 23. Lodging Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional visitor parking space for every 5 lodging units. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver: by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. Lodging Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional visitor parking space for every 5 lodging units. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver, by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: • Limited to the first Story of the Principal Building or Ac- cessory Structure; • Office and Commercial Uses shall be less than 50% Building floor area total. • 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. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (O%) by process ofWaiver; by up tofifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. 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. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except forsites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver, by up lofty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. IV.10 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: Commercial Uses are permissible as listed in Table 3, limited by compliance with: • Limited to the first Story of the Principal Building or Ac- cessory Structure; • Office and Commercial Uses shall be less than 50% • A maximum area of 4,000 square feet per establishment. • Food establishments of a maximum seating capacity of 40 patrons. Building floor area total. • A maximum area of 4,000 square feet per establishment. • Minimum of 3 parking spaces for every 1,000 square feet of commercial use. • Food establishments of a maximum seating capacity of 40 patrons. • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Minimum of 3 parking spaces for every 1,000 square feet of commercial use. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within500feetofanungatedT3Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10, 000) square feet or less. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%)byprocess ofWaiver;byuptofifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. CIVIC Civic Uses are permissible as listed in Table 3. Civic Uses are permissible as listed in Table 3. Civic Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 5 seats of as- • Minimum of 1 parking space for every 5 seats of as- • Minimum of 1 parking space for every 5 seats of as- sembly use. sembly use. sembly use. • Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for other Uses as required. other Uses as required. other Uses as required. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Except for sites within 500 feet of an ungated T3 Tran sect • Except for sites within 500 feet of an ungated T3 Tran sect • Except for sites within 500 feet of an ungated T3 Tran sect Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) square feet or less. square feet or less. square feet or less. • Parking for civic uses may be provided off -site within a distance of 1,000 feet. • Parking for civic uses may be provided off -site within a distance of 1,000 feet. MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE CIVIL SUPPORT Civil Support Uses are permissible as listed inTable 3. Civil Support Uses are permissible as listed in Table 3. Civil Support Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 800 square feet of Civil Support Use. of Civil Support Use. of Civil Support Use. • Minimum of 1 parking space for every 5 seats of as- • Adult Daycare- Minimum of 1 space per staff member. • Minimum of one Bike space for every 20 vehicular spaces sembly use. • Minimum of 1 parking space for every 5 seats of as- required (before any reductions). • Except for sites within 500 feet of an ungated T3 Tran sect sembly use. • Adult Daycare- Minimum of 1 space per staff member. Zone, the parking ratio may be reduced within a TOD • Parking requirement may be reduced according to the • Minimum of 1 parking space for every 5 seats of as - area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent Shared parking standard, Article 4, Table 5. sembly use. (50%) by process of Waiver and payment into a transit • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Parking requirement may be reduced according to the enhancement Trust Fund, as established by Chapter 35 spaces required. Shared parking standard, Article 4, Table 5. of the City Code; or by one hundred percent (100%) for • Except for sites within 500 feet of an ungated T3 Tran sect • Minimum of 1 Bicycle Rack Space for every 20 vehicular any Structure with a Floor Area of ten thousand (10,000) square feet or less. Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by uptofifty percent spaces required. Except for sites within 500 feet of an ungated T3 Tran sect (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 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. Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty perof (50%) t (3D%)byprocess ofWaiver; by up to fifty percent by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10, 000) square feet or less. EDUCATIONAL Educational Uses are permissible as listed in Table 3. Educational Uses are permissible as listed in Table 3. Educational Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 square • Minimum of 3 parking spaces for every 1,000 square feet • Minimum of 3 parking spaces for every 1,000 square feet feet of Educational Use. of Educational Use. of Educational Use. •Schools —Minimum of 1 parking space for each faculty •Schools —Minimum of 1 parking space for each faculty or •Schools —Minimum of 1 parking space for each faculty or or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12. staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12. 11 and 12. • Childcare Facilities- Minimum of 1 space for the owner/ • Childcare Facilities- Minimum of 1 space for the owner/ • Childcare Facilities- Minimum of 1 space for the owner/ operator and 1 space for each employee, and 1 drop-off operator and 1 space for each employee, and 1 drop-off operator and 1 space for each employee, and 1 drop- off space for every 10 clients cared for. space for every 10 clients cared for. • Parkingrequirement maybe reduced accordingto the q space for every 10 clients cared for. Parking requirement may be reduced according to the • Except for sites within500feetofanungatedT3Transect Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty • Minimum of 1 Bicycle Rack Space for eve 20 vehicular Y p every Minimum of 1 Bicycle Rack Space for every 20 vehicular percent (30%) by process of Waiver; by up to fifty percent spaces required. spaces required. (50%) by process of Waiver and payment into a transit • Except for sites within 500 feetof an ungated T3 Transect . Except for sites within 500 feet of an ungated T3 Tran sect enhancement Trust Fund, as established by Chapter 35 Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD of the City Code; or by one hundred percent (100%) for area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty any Structure with a Floor Area of ten thousand (10,000) percent (30%) by process of Waiver; by up tofifty percent percent (30%) by process ofWaiver; by up tofifty percent square feet or less. (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. IV.12 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited Residential Uses are permissible as listed in Table 3, limited Residential Uses are permissible as listed in Table 3, limited by compliance with: by compliance with: by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Minimum of 1.5 parking spaces per Dwelling Unit. • 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 Dwelling Unit, with a maximum of 1 additional visitor parking space for • Maximum of 1 parking space per Micro Dwelling Unit, with a maximum of 1 additional visitor parking space for • Adult Family -Care Homes - Minimum 1 space per staff every 10 Micro Dwelling Units. every 10 Micro Dwelling Units. member and 1 space per 4 residents. • Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every • Community Residence- Minimum of 1 parking space per 10 Dwelling Units. 10 Dwelling Units. staff member in addition to the parking required for the • Live -work - Work component shall provide parking as • Live -work - Work component shall provide parking as principal Dwelling Unit(s). required by the non-residential use in addition to parking required by the non-residential use in addition to parking • Parking requirement may be reduced according to the required for the Dwelling Unit. required for the Dwelling Unit. Shared parking standard, Article 4, Table 5. • Adult Family -Care Homes - Minimum 1 space per staff • Adult Family -Care Homes - Minimum 1 space per staff •Minimum of 1 Bicycle Rack Space for every 20 vehicular member and 1 space per 4 residents. member and 1 space per 4 residents. spaces required. • Community Residence - Minimum of 1 parking space per • Community Residence - Minimum of 1 parking space per •Exceptforsiteswithin 500feetofan ungatedT3Transect staff member in addition to the parking required for the staff member in addition to the parking required for the Zone, the parking ratio may be reduced within a TOD principal Dwelling Unit(s). principal Dwelling Unit(s). area or within a Transit Corridor area by up to thirty • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the percent(30%) by process of Waiver; by up to fifty percent Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. (50%) by process of Waiver and payment into a transit • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for spaces required. p q aces s required. p any Structure with a Floor Area of ten thousand (10,000) • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect square feet or less. Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD Loading -See Article 4, Table 5 •percent area or within a Transit Corridor area by up to thirty (30%) by process of Waiver; by up to fifty percent area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 LODGING Lodging Uses are permissible as listed in Table 3. Lodging Uses are permissible as listed in Table 3. Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every 10 lodging units. 10 lodging units. 10 lodging units. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Except for sites with in 500 feet of an ungated T3 Tran sect • Except for sites with in 500 feet of an ungated T3 Tran sect • Except for sites with in 500 feet of an ungated T3 Tran sect Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) square feet or less. square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site within 1000 feet by process of Waiver, except when site within 1000 feet by process of Waiver, except when site is within 500 feet of T3. is within 500 feet of T3. is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 IV.13 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE OFFICE Office Uses are permissible as listed in Table 3, limited Office Uses are permissible as listed in Table 3, limited by compliance with: by compliance with: • The first and second Story of the Principal Building and • Minimum of 3 parking spaces for every 1,000 square Office and Commercial Uses shall be less than 25% feet of office use. Building floor area total. • Parking requirement may be reduced according to the • Minimum of 3 parking spaces for every 1,000 square Shared parking standard, Article 4, Table 5. feet of office use. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Parking requirement may be reduced according to the spaces required. Shared parking standard, Article 4, Table 5. • Except for sites within 500 feet of an ungated T3 Transect • Minimum of 1 Bicycle Rack Space for every 20 vehicular Zone, the parking ratio may be reduced within a TOD spaces required. area or within a Transit Corridor area by up to thirty • Except for sites within 500 feet of an ungated T3 Transect percent (3D%)byprocess ofWaiver; by up to fifty percent Zane, the parking ratio may be reduced within a TOD (50%) by process of Waiver and payment into a transit area or within a Transit Corridor area by up to thirty enhancement Trust Fund, as established by Chapter 35 percent (30%) by process of Waiver; by up to fifty percent of the City Code; or by one hundred percent (100%) for (50%) by process of Waiver and payment into a transit any Structure with a FloorArea of ten thousand (10,000) enhancement Trust Fund, as established by Chapter 35 square feet or less. of the City Code; or by one hundred percent (100%) for • Parking may be provided by ownership or lease offsite any Structure with a FloorArea of ten thousand (10,000) within 1000 feet by process of Waiver, except when site square feet or less. is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: Commercial Uses are permissible as listed in Table 3, limited by compliance with: • The first and second Story of the Principal Building and Office and Commercial Uses shall be less than 25% •A maximum area of55,000squarefeetperestablishment, except for Public Storage Facilities. Building floor area total. • Minimum of 3 parking spaces for every 1,000 square feet • A maximum area of 55,000 square feet per establish ment. • Minimum of 3 parking spaces for every 1,000 square of commercial use, except for Public Storage Facilities, minimum 1 parking space for every 10,000 square feet feet of commercial use. with a minimum of 8 parking spaces. • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. 'Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5, except for Public Storage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect •Except for sites within500feetofanungatedT3Transect Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty percent (3Drocess process percent (30%)byprocess ofWaiver;byuptofiftypercent fWaivfWaiver;byuptofiftypercent (50 by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 an enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for any Structure with a FloorArea of ten thousand (10,000) square feet or less. any Structure with a FloorArea of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site within 1000 feet by process of Waiver, except when site is within 500 feet of T3. is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Commercial Auto -related, Drive-Thru or Drive -In Facili- ties - See Article 6. IV.14 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE CIVIC Civic Uses are permissible as listed in Table 3, limited by Civic Uses are permissible as listed in Table 3, limited by Civic Uses are permissible as listed in Table 3, limited by compliance with: compliance with: compliance with: • Minimum of 1 parking space for every 5 seats of as- • Minimum of 1 parking space for every 5 seats of as- • Minimum of1 parking space for every5seatsofassembly sembly uses. sembly uses. uses. • Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for other Uses as required. other Uses as required. other Uses as required. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty percent(30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) square feet or less. square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site within 1000 feet by process of Waiver, except when site within 1000 feet by process of Waiver, except when site is within 500 feet of T3. is within 500 feet of T3. is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3, limited by compliance with: Civil Support Uses are permissible as listed in Table 3, limited by compliance with: Civil Support Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 1000 square feet • Minimum of 1 parking space for every 1000 square feet of Civil Support Use. of Civil Support Use. of Civil Support Use. • Minimum of 1 parking space for every 5 seats of assembly • Minimum of 1 parking space forevery 5 seats of assembly • Minimum of 1 parking space for every 5 seats of assembly use. use. use. • Minimumof 1 parking space forevery 5 slipsof marine use. • Minimum of 1 parking space for every 5 slips of marine use. • Minimum of 1 parking space for every 5 slips of marine use. • Parking requirement may be reduced according to the • Adult Daycare- Minimum of 1 space per staff member. • Adult Daycare- Minimum of 1 space per staff member. Shared parking standard, Article 4, Table 5. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Minimum of 1 Bicycle Rack Space for every 20 vehicular Shared parking standard, Article 4, Table 5. Shared parking standard, Article 4, Table 5. spaces required. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Except for sites within 500 feet of an ungated T3 Transect spaces required. spaces required. Zone, the parking ratio may be reduced within a TOD • Except for sites within500feetofanungatedT3Transect • Except for sites within500feetofanungatedT3Transect area or within a Transit Corridor area by up to thirty Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD percent (30%)byprocess of Waiver; by up to fifty percent area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty (50%) by process of Waiver and payment into a transit percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent enhancement Trust Fund, as established by Chapter 35 (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit of the City Code; or by one hundred percent (100%) for enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 any Structure with a FloorArea of ten thousand (10,000) of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for square feet or less. any Structure with a FloorArea of ten thousand (10,000) any Structure with a FloorArea of ten thousand (10,000) • Loading - See Article 4, Table 5 square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 IV.15 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: Educational Uses are permissible as listed in Table 3, limited by compliance with: Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 square feet • Minimum of 2 parking spaces for every 1,000 square feet • Minimum of 2 parking spaces for every 1,000 square feet of Educational Use. of Educational Use. of Educational Use. •Schools —Minimum of 1 parking space for each faculty or •Schools— Minimum of 1 parking space for each faculty or •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. staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or • Childcare Facilities- Minimum of 1 space for the owner/ College/University. College/University. operator and 1 space for each employee, and 1 drop-off • Childcare Facilities- Minimum of 1 space for the owner/ • Childcare Facilities- Minimum of 1 space for the owner/ space for every 10 clients cared for. operator and 1 space for each employee, and 1 drop-off operator and 1 space for each employee, and 1 drop-off • Parking requirement may be reduced according to the space for every 10 clients cared for. space for every 10 clients cared for. shared parking standard, Article 4, Table 5. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the •Minimum of 1 Bicycle Rack Space for every 20 vehicular shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. spaces required. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Parking ratio may be reduced within % mile radius of spaces required. spaces required. TOD orwithin %mileradiusofaTransitCorridorbythirty • Parking ratio may be reduced within % mile radius of • Parking ratio may be reduced within % mile radius of percent (30%) by process of Waiver, except when site is TOD or within % mile radius of a Transit Corridor by thirty TOD or within % mile radius of a Transit Corridor by thirty within 500 feet of T3. percent (30%) by process of Waiver, except when site is percent (30%) by process of Waiver, except when site is • Except for sites within 500 feet of an ungated T3 Tran sect within 500 feet of T3. within 500 feet of T3. Zone, the parking ratio may be reduced within a TOD • Except for sites within500feetofanungatedT3Transect • Except for sites within500feetofanungatedT3Transect area or within a Transit Corridor area by up to thirty Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD percent (30%) by process of Waiver; by up to fifty percent area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty (50%) by process of Waiver and payment into a transit percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent enhancement Trust Fund, as established by Chapter 35 (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit of the City Code; or by one hundred percent (100%) for enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 any Structure with a Floor Area of ten thousand (10,000) of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for square feet or less. any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) •Loading -See Article 4, Table 5 square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading- Refer to Article 4, Table 5 IV.16 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE * 150 —1,000 UNITS PER ACRE* RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: Residential Uses are permissible as listed in Table 3, limited by compliance with: Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Minimum of 1.5 parking spaces per Dwelling Unit. • 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 Dwelling Unit, with a maximum of 1 additional visitor parking space for • Maximum of 1 parking space per Micro Dwelling Unit, with a maximum of 1 additional visitor parking space for • Adult Family -Care Homes - Minimum 1 space per staff every 10 Micro Dwelling Units. every 10 Micro Dwelling Units. member and 1 space per 4 residents. • Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every • Community Residence - Minimum of 1 parking space per 10 Dwelling Units. 10 Dwelling Units. staff member in addition to the parking required for the • Live -work - Work component shall provide parking as • Live -work - Work component shall provide parking as principal Dwelling Unit(s). required by the non-residential use in addition to parking required by the non-residential use in addition to parking • Parking requirement may be reduced according to the required for the Dwelling Unit. required for the Dwelling Unit. shared parking standard, Article 4, Table 5. • Adult Family -Care Homes- Minimum 1 space per staff • Adult Family -Care Homes- Minimum 1 space per staff •Minimum of 1 Bicycle Rack Space for every 20 vehicular member and 1 space per 4 residents. member and 1 space per 4 residents. spaces required. • Community Residence- Minimum of 1 parking space per • Community Residence- Minimum of 1 parking space per •Exceptforsiteswithin 500feetofan ungatedT3Transect staff member in addition to the parking required for the staff member in addition to the parking required for the Zone, the parking ratio may be reduced within a TOD principal Dwelling Unit(s). principal Dwelling Unit(s). area or within a Transit Corridor area by up to thirty • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the percent (30%) by process of Waiver; by up to fifty percent shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. (50%) by process of Waiver and payment into a transit • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for spaces required. p q spaces required. p q any Structure with a Floor Area of ten thousand (10,000) • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect square feet or less. Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD • In T6-60 & T6-80, parking for residential Uses located 1,000feetopaMetrforrorail Metromover feet area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent si within of station shall not be (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 • Parking may be provided by ownership or lease offsite of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for within 1,000 feet by process of Waiver, except when site any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) is within 500 feet of T3. square feet or less. square feet or less. • Loading - See Article 4, Table 5 • In T6-60 & T6-80, parking for residential Uses located within 1,000 feet of a Metrorail or Metromover station shall not be required. • In T6-60 & T6-80, parking for residential Uses located within 1,000 feet of a Metrorail or Metromover station shall not be required. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 LODGING Lodging Uses are permissible as listed in Table 3. Lodging Uses are permissible as listed in Table 3. Lodging Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every 10 lodging units. 10 lodging units. 15 lodging units. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent percent (3O%) by process af Waiver; by up tofifty percent (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) square feet or less. square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site within 1,000 feet by process of Waiver, except when site within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. is within 500 feet of T3. is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 * Or as modified in Diagram 9 IV.17 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE * 150 UNITS PER ACRE* OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: • The Building area allowed for office use on each lot is limited to four Stories of the Principal Building and Office and Commercial Uses shall be less than 25%of Building floor area total. Office Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 square feet of office use. . In T6-24, T6-36 andT6-48, a minimum of 1 parking space for every 800 square feet of office use shall be provided • Minimum of 3 parking spaces for every 1,000 square feet of office use. • In T6-60 and T6-80, a minimum of 1 parking space for every 1,000 square feet of office use shall be provided • In T6-24, T6-36 andT6-48 a minimum of 1 parking space for every 800 square feet of office use shall be provided 'Parking requirement may be reduced according to the shared parking standard, Article 4, Table 5. •In T6-60 and T6-80, a minimum of 1 parking space for every 1,000 square feet of office use shall be provided • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Tran sect • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. .Loading - See Article 4, Table 5 • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: Commercial Uses are permissible as listed in Table 3, limited by compliance with: Commercial Uses are permissible as listed in Table 3, limited by compliance with: • Commercial establishments limited to a maximum area of 4,000 square feet each and shall be less than 25% • The Building area allowed for Commercial Use on each lot is limited to two Stones of the Principal Building and •A maximum area of55,000 square feet per establishment, except for Public Storage Facilities. building floor area total. Office and Commercial Uses shall be less than 25% of • Minimum of 3 parking spaces for every 1,000 square feet • The Building area allowed for commercial use on each lot is limited to the first two Stories of the Principal Building. Building floor area total. • A maximum area of 55,000 square feet per establishment. of commercial use, except for Public Storage Facilities, minimum 1 parking space for every 10,000 square feet • Minimum of 3 parking spaces for every 1,000 square feet • Minimum of 3 parking spaces for every 1,000 square with a minimum of 8 parking spaces. of commercial use. feet of commercial use. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5, except for shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. Public Storage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Loading - See Article 4, Table 5 • Except for sites within 500 feet of an ungated T3 Transect • Auto -related - Drive-ThruorDrive-In Facilities -See Article Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. •Loading -See Article 4, Table 5 6. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 * Or as modified in Diagram 9 IV.18 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE * 150 UNITS PER ACRE* CIVIC Civic Uses are permissible as listed in Table 3, limited by Civic Uses are permissible as listed in Table 3, limited by Civic Uses are permissible as listed in Table 3, limited by compliance with: compliance with: compliance with: • Minimum of 1 parking space forevery 5 seatsof assembly • Minimum of 1 parking space for every 5 seats of as- • Minimum of 1 parking space for every 5 seats of as - uses. sembly uses. sembly uses. • Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for other Uses as required. other Uses as required. other Uses as required. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Loading - See Article 4, Table 5 • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (3D%) 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 FloorArea of ten thousand (10,000) square feet or less. (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3, limited by compliance with: Civil Support Uses are permissible as listed in Table 3, limited by compliance with:. Civil Support Uses are permissible as listed in Table 3, limited by compliance with:. • Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 1000 square feet • Minimum of 1 parking space for every 1000 square feet of Civil Support Use; or of Civil Support Use. of Civil Support Use. • Minimum of 1 parking space forevery 5 seatsof assembly • Minimum of 1 parking space forevery 5 seatsof assembly • Minimum of 1 parking space forevery 5 seats of assembly use; or use. use. • Minimum of 1 parking space for every 5 slips of marine • Minimum of 1 parking space for every 5 slips of marine • Minimum of 1 parking space for every 5 slips of marine use; or use. use. • Parking requirement may be reduced according to the • Adult Daycare - Minimum of 1 space per staff member. • Adult Daycare - Minimum of 1 space per staff member. shared parking standard, Article 4, Table 5. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Minimum of 1 Bicycle Rack Space for every 20 vehicular shared parking standard, Article 4, Table 5. shared parking standard, Article 4, Table 5. spaces required. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Except for sites within 500 feet of an ungated T3 Transect spaces required. spaces required. Zone, the parking ratio may be reduced within a TOD • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Transect area or within a Transit Corridor area by up to thirty Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD percent (30%) by prncess ofWaiver; by up tofifty percent area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty (50%) by process of Waiver and payment into a transit percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent enhancement Trust Fund, as established by Chapter 35 (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit of the City Code; or by one hundred percent (100%) for enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 any Structure with a FloorArea of ten thousand (10,000) of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for square feet or less. any Structure with a FloorArea of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) • Loading - See Article 4, Table 5 square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 * Please refer to Diagram 9 IV.19 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE* 150 UNITS PER ACRE * EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: Educational Uses are permissible as listed in Table 3, limited by compliance with:. Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 square feet • Minimum of 2 parking spaces for every 1,000 square feet • Minimum of 2 parking spaces for every 1,000 square feet of Educational Use. of Educational Use. of Educational Use. • Schools —Minimum of 1 parking space for each faculty • Schools— Minimum of 1 parking space for each faculty or •Schools —Minimum of 1 parking space for each faculty or or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12. staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or • Childcare Facilities- Minimum of 1 space for the owner/ College/University. College/University. operator and 1 space for each employee, and 1 drop-off • Childcare Facilities- Minimum of 1 space for the owner/ • Childcare Facilities- Minimum of 1 space for the owner/ space for every 10 clients cared for. operator and 1 space for each employee, and 1 drop-off operator and 1 space for each employee, and 1 drop-off • Parking requirement may be reduced according to the space for every 10 clients cared for. space for every 10 clients cared for. Shared Parking Standard, Article 4, Table 5. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the •Minimum of 1 Bicycle Rack Space for every 20 vehicular Shared Parking Standard, Article 4, Table 5. Shared Parking Standard, Article 4, Table 5. spaces required. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Except for sites within 500 feet of an ungated T3 Transect spaces required. spaces required. Zone, the parking ratio may be reduced within a TOD • Except for sites within 500 feet of an ungated T3 Transect • Except for sites within 500 feet of an ungated T3 Tran sect area or within a Transit Corridor area by up to thirty Zone, the parking ratio may be reduced within a TOD Zone, the parking ratio may be reduced within a TOD percent (30%) by process ofWaiver; by up tofifty percent area or within a Transit Corridor area by up to thirty area or within a Transit Corridor area by up to thirty (50%) by process of Waiver and payment into a transit percent (30%) by process of Waiver; by up to fifty percent percent (30%) by process of Waiver; by up to fifty percent enhancement Trust Fund, as established by Chapter 35 (50%) by process of Waiver and payment into a transit (50%) by process of Waiver and payment into a transit of the City Code; or by one hundred percent (100%) for enhancement Trust Fund, as established by Chapter 35 enhancement Trust Fund, as established by Chapter 35 any Structure with a Floor Area of ten thousand (10,000) of the City Code; or by one hundred percent (100%) for of the City Code; or by one hundred percent (100%) for square feet or less. any Structure with a Floor Area of ten thousand (10,000) any Structure with a Floor Area of ten thousand (10,000) •Loading -See Article 4, Table 5 square feet or less. square feet or less. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 IV.20 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 c -civic CS — CIVIC SPACE CI — CIVIC INSTITUTION CI -HD — CIVIC INSTITUTION HEALTH DISTRICT DENSITY (UPA) NIA DENSITY OF ABUTTING ZONE 150 UNITS PER ACRE RESIDENTIAL Uses are permissible as listed in Table 3, limited by compliance with: • Density and all intensity, parking and loading regula- tionsto match that of the most restrictiveAbuttingzone. • Minimum of 1 parking space for every 800 square feet of Residential Use. • Loading - See Article 4, Table 5 LODGING • Minimum of 1 parking space for every 800 square feet of Residential Use. • Loading - See Article 4, Table 5 OFFICE Office Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 square feet of Office Use. • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking ratio may be reduced according to the shared parking standard. • Parking may be provided offsite in CI, D, T5 or T6 within 500 feet through a parking management plan/ zone. • Minimum of 1 parking space for every 800 square feet of Office Use. • Loading - See Article 4, Table 5 COMMERCIAL Commercial Uses are permissible as listed in Table 3. • Minimum of 3 parking spaces for every 1,000 sf of commercial space. • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%)byprocess ofWaiver; byuptofifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking ratio may be reduced according to the shared parking standard. • Loading - See Article 4, Table 5. • Loading needs, including maneuvering, shall be ac- commodated on site. Commercial Uses are permissible as listed in Table 3, limited by compliance with: • Building area allowed for Commercial Use on each lot shall be less than 25 %Building floor area total. • Minimum of 3 parking spaces for every 1,000 sf of commercial space • Minimum of 1 parking space for every 7 seats in a Major Sports Facility • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking ratio may be reduced according to the shared parking standard. • Parking ratio may be reduced for Major Sports Facility within 1 mile of a Metrorail, Metromover Station, or masstransit facility by up to 10%. • Loading - See Article 4, Table 5 • Loading needs, including maneuvering, shall be ac- commodated on site. • Minimum of 1 parking space for every 800 square feet of Commercial Use. • Loading - See Article 4, Table 5 IV.21 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 c -civic CS — CIVIC SPACE CI — CIVIC INSTITUTION CI -HD — CIVIC INSTITUTION HEALTH DISTRICT DENSITY (UPA) NIA DENSITY OF ABUTTING ZONE 150 UNITS PER ACRE CIVIC Civic Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 5 seats of as- sembly uses. • Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and parking spaces for other Uses as required. • Minimum of 1 parking space for every staff member for recreational uses. • Minimum of 1 parking space for every 500 sf of Building area for recreational uses. • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided offsite in CI, D, T5 or T6 within 500 feet through a parking management plan/ zone. Civic Uses are permissible as listed in Table 3. • Minimum of 1 parking space for every 5 seats of as- sembly uses. • Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and parking spaces for other Uses as required. • Minimum of 1 parking space for every staff member for recreational uses. • Minimum of 1 parking space for every 500 sf of Building area for recreational uses. • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided offsite in CI, D, T5 or T6 within 500 feet through a parking management plan/ zone. • Minimum of 1 parking space for every 800 square feet of Civic Use. • Loading - See Article 4, Table 5 CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3, limited by compliance with: • For Civil Support, a minimum of 1 parking space for every 1,000 sf. • For Marine Uses, a minimum of 1 parking space for every 5 slips. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percentc(30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. Civil Support Uses are permissible as listed in Table 3, limited by compliance with: • For Civil Support, a minimum of 1 parking space for every 1,000 sf. • For Assembly uses, a minimum of 1 parking space for every 5 seats. • For Marine Uses, a minimum of 1 parking space for every 5 slips. . Adult Daycare - Minimum of 1 space per staff member and 1 space for owner. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Minimum of 1 parking space for every 800 square feet of Civil Support Use. • Loading - See Article 4, Table 5 EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 sf of educational space • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). • Childcare Facilities - Minimum of 1 space per staff member, 1 space for owner and 1 drop-off space for every 10 clients cared for. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. Educational Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces for every 1,000 sf of educational space • Schools —Minimum of1 parkingspaceforeachfacultyor 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 per staff member, 1 space for owner and 1 drop-off space for every 10 clients cared for. • Minimum of one Bike space for every 20 vehicular spaces required (before any reductions). . Except for sites within 500 feet of an ungated T3 Transect Zone, the parkingratio maybe reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Minimum of 1 parking space for every 800 square feet of Educational Use. • Loading - See Article 4, Table 5 IV.22 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2 - INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space per Dwelling Unit. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as estab li shed 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. • Loading - See Article 4, Table 5 LODGING Lodging Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units for visitors. • Parking requirement may be reduced accordi ng to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as estab li shed 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. • Parking may be provided by ownership or lease offsite within 1,000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of office space. • Parking requirement may be reduced accordi ng to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Tran sect Zone, the parking ratio may be reduced within aTOD 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 estab li shed 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. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of office space. • Parking requirement may be reduced accordi ng to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within aTOD 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 estab li shed 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. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 Office Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of office space. • Parking requirement may be reduced accordi ng to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500feet of an ungated T3 Transect Zone, the parking ratio may be reduced within aTOD area or within a Transit Corridor area by up to thirty percent (30%)byprocess ofWaiver;by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 IV.23 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2 - INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA COMMERCIAL Commercial Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of commercial space, except for Public Storage Facilities, minimum 1 parking spacef or every 10,000 square feet with a minimum of 8 parking spaces. • Parking requirement may be reduced accordi ng to the Shared Parking Standard, Article 4, Table 5, except for Public Storage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Tran sect Zone, the parking ratio may be reduced within aTOD 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 estab li shed 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. • Drive-Thru or Drive -In Facilities - Refer to Article 6. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 Commercial Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of commercial space, except for Public Storage Facilities, minimum 1 parking space for every 10,000 square feetwith a minimum of 8 parking spaces. • Parking requirement maybe reduced according to the Shared Parking Standard, Artide 4, Tad e 5, except for Public Storage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Tran sect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Drive-Thru or Drive -In Facilities - Refer to Article 6. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 Commercial Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 3 parking spaces for every 1,000 sf of commercial space, except for Public Storage Facilities, minimum 1 parking space for every 10,000 square feetwith a minimum of 8 parking spaces. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Tad e 5, except for Public Storage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an un gated T3 Tran sect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Drive-Thru or Drive -In Facilities - Refer to Article 6. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 CIVIC Civic Uses are permissible as listed in Table 3, limited by Civic Uses are permissible as listed in Table 3, limited by Civic Uses are permissible as listed in Table 3, limited by compliance with: compliance with: compliance with: • Minimum of 1 parking space for every 5 seats of assembly uses. • Minimum of1parking space for every 5seats ofassembly uses. • Minimum of 1 parking space for every 5 seats of assembly uses. • Minimum of 1 parking space for every 1,000 sf of exhibition • Minimum of 1 parking space for every 1,000 sf of exhibition • Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and parking spaces for other Uses as or recreation space, and parking spaces for other Uses as or recreation space, and parking spaces for other Uses as required. required. required. • Parking requirement may be reduced accordi ng to the Shared • Parking requirement maybe reduced according to the Shared • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5. Parking Standard, Article 4, Table 5. Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Except for sites within 500 feet of an un gated T3 Tran sect • Except for sites within 500 feet of an un gated T3 Tran sect • Except for sites within 500 feet of an ungated T3 Tran sect Zone, the parking ratio may be reduced within aTOD area Zane, the parking ratio may be reduced within a TOD area Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent or within a Transit Corridor area by up to thirty percent or within a Transit Corridor area by up to thirty percent (30%)byprocess ofWaiver;by up to fifty percent (50%) by (30%) by process of Waiver; by up to fifty percent (50%) by (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement process of Waiver and payment into a transit enhancement process of Waiver and payment into a transit enhancement Trust Fund, as estab li shed by Chapter 35 of the City Code; Trust Fund, as established by Chapter 35 of the City Code; Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with or by one hundred percent (100%) for any Structure with or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. a Floor Area of ten thousand (10,000) square feet or less. a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within • Parking may be provided by ownership or lease offsite within • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. 1000 feet and in Transect Zone D by process of Waiver. 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 IV.24 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2-INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3, limited Civil Support Uses are permissible as listed in Table 3, limited Civil Support Uses are permissible as listed in Table 3, limited by compliance with: by compliance with: by compliance with: • Minimum of 1 parking space for every 1,000 sf. of Civil • Minimum of 1 parking space for every 1,000 sf. of Civil • Minimum of 1 parking space for every 1,000 sf. of Civil Support Use. Support Use. Support Use. • Parking requirement may be reduced accordi ng to the Shared • Parking requirement maybe reduced according to the Shared • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5. Parking Standard, Article 4, Table 5. Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. •Minimumof1 parking space forevery 5 seatsforassembly uses. • Minimum of1 parking space for every 5 seats for assembly uses. • Minimum of1 parking space for every 5 seats forassembly uses. • Minimum of 1 parking space for every 5 slips for marine Uses. • Minimum of 1 parking space for every 5 slips for marine Uses. • Minimum of 1 parking space for every 5 slips for marine Uses. • Adult Daycare - Minimum of 1 space per staff member. • Adult Daycare - Minimum of 1 space per staff member. • Adult Daycare - Minimum of 1 space per staff member. • Except for sites within 500 feet of an un gated T3 Tran sect • Except for sites within 500 feet of an un gated T3 Tran sect • Except for sites within 500 feet of an ungated T3 Tran sect Zone, the parking ratio may be reduced within aTOD area Zane, the parking ratio may be reduced within a TOD area Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent or within a Transit Corridor area by up to thirty percent or within a Transit Corridor area by up to thirty percent (30%)byprocess ofWaiver;by up to fifty percent (50%) by (30%) by process of Waiver; by up to fifty percent (50%) by (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement process of Waiver and payment into a transit enhancement process of Waiver and payment into a transit enhancement Trust Fund, as estab li shed by Chapter 35 of the City Code; Trust Fund, as established by Chapter 35 of the City Code; Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with or by one hundred percent (100%) for any Structure with or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. a Floor Area of ten thousand (10,000) square feet or less. a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within • Parking may be provided by ownership or lease offsite within • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. 1000 feet and in Transect Zone D by process of Waiver. 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 EDUCATIONAL Educational Uses are permissible as listed in Table 3, limited Educational Uses are permissible as listed in Table 3, limited Educational Uses are permissible as listed in Table 3, limited by compliance with: by compliance with: by compliance with: • Minimum of 2 parking spaces for every 1,000 sf of educa- • Minimum of 2 parking spaces for every 1,000 sf of educa- • Minimum of 2 parking spaces for every 1,000 sf of educa- tional Use. tional Use. tional Use. •Schools —Minimum of 1 parking space for each faculty or • Parking requirement maybe reduced according to the Shared • Parking requirement may be reduced according to the Shared staff member, 1 visitor parking space per 100 students, 1 parking space per 5 students in grades 11 and 12 or Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular College/University. spaces required. spaces required. • Parking requirement may be reduced accordi ng to the Shared • Except for sites within 500 feet of an un gated T3 Tran sect • Except for sites within 500 feet of an ungated T3 Tran sect Parking Standard, Article 4, Table 5. Zone, the parking ratio may be reduced within a TOD area Zone, the parking ratio may be reduced within a TOD area • Minimum of 1 Bicycle Rack Space for every 20 vehicular or within a Transit Corridor area by up to thirty percent or within a Transit Corridor area by up to thirty percent spaces required. (30%)byprocess ofWaiver; by up to fifty percent (50%) by (30%) by process of Waiver; by up to fifty percent (50%) by • Childcare Facilities- Minimum of 1 spaceforthe owner/opera- process of Waiver and payment into a transit enhancement process of Waiver and payment into a transit enhancement tor and 1 space for each emo ee,and1 dro -offs ace for y p p Trust Fund, as established by Chapter 35 of the City Code; Trust Fund, as established by Chapter 35 of the City Code; every 10 clients cared for. or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • etforsiteswithin 500 gated Transect iomayfeet reducedwihina Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. (30%)byprocess ofWaiver;by up to fifty percent (50%)by process of Waiver and payment into a transit enhancement • Loading - See Article 4, Table 5 •Loading - See Article 4, Table 5 Trust Fund, as estab li shed 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. • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of Waiver. • Loading - See Article 4, Table 5 IV.25 MIAMI 21 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2-INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA INDUSTRIAL Industrial Uses are permissible as listed in Table 3, limited by Industrial Uses are permissible as listed in Table 3, limited by Industrial Uses are permissible as listed in Table 3, limited by compliance with: compliance with: compliance with: • Please refer to Article 6 for additional specific requirements. • Please refer to Article 6 for additional specific requirements. • Please refer to Article 6 for additional specific requirements. • Minimum of 1 parking spaces for every 1,000 sf of Industrial • Minimum of 1 parking spaces for every 1,000 sf of Industrial • Minimum of 1 parking spaces for every 1,000 sf of Industrial Use, except for Commercial Storage Facilities, minimum Use, except for Commercial Storage Facilities, minimum Use, except for Commercial Storage Facilities, minimum 1 parking space for every 10,000 square feet with a 1 parking space for every 10,000 square feet with a 1 parking space for every 10,000 square feet with a minimum of 8 parking spaces. minimum of 8 parking spaces. minimum of 8 parking spaces. • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5, except for Shared Parking Standard, Article 4, Table 5, except for Shared Parking Standard, Article 4, Table 5, except for Public Storage Facilities. Public Storage Facilities. Public Storage Facilities. • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. spaces required. spaces required. • Except for sites within 500 feet of an ungated T3 • Except for sites within 500 feet of an ungated T3 • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within Transect Zone, the parking ratio may be reduced within Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to a TOD area or within a Transit Corridor area by up to a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty thirty percent (30%) by process of Waiver; by up to fifty thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into percent (50%) by process of Waiver and payment into percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by a transit enhancement Trust Fund, as established by a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent Chapter 35 of the City Code; or by one hundred percent Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten (100%) for any Structure with a Floor Area of ten (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. thousand (10,000) square feet or less. thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite • Parking may be provided by ownership or lease offsite within 1000 feet and in Transect Zone D by process of within 1000 feet and in Transect Zone D by process of within 1000 feet and in Transect Zone D by process of Waiver. Waiver. Waiver. • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 • Loading - See Article 4, Table 5 IV.26 MIAMI 21 ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING AS ADOPTED - JANUARY 2018 SHARED PARKING STANDARDS SHARING FACTOR Function RESIDENTIAL LODGING OFFICE COMMERCIAL with Function RESIDENTIAL LODGING OFFICE COMMERCIAL The shared Parking Standards Table provides the method for calculating shared parking for buildings with more than one Use type. It refers to the parking requirements that appear in Table 4. The parking required for any two Functions on a Lot 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 building with a Residential Use requiring 100 spaces and a Commercial Use requir- ing 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total requirement to 100 plus 17 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 Warrant. OFF-STREET PARKING STANDARDS ANGLE OF PARKING ACCESS AISLE WIDTH ONE WAY TRAFFIC SINGLE LOADED ONE WAY TRAFFIC DOUBLE LOADED TWO WAY TRAFFIC DOUBLE LOADED 90 23 ft 23 ft 23 ft 60 12.8 ft 11.8 ft 19.3 ft 45 10.8 ft 9.5 ft 18.5 ft Parallel 10 ft 10 ft 20 ft Standard stall: 8.5 ft x 18 ft minimum • Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and 15 feet Commercial and Industrial. • Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet in length between the Base Building Line and dispenser. • For requirements of parking lots, refer to Article 9 and the City of Miami Off-street Parking Guides and Standards. LOADING BERTH STANDARDS T5, T6, CS, CI -HD & CI DISTRICT NOTES RESIDENTIAL* From 25,000 sf to 500,000 sf Berth Size Loading Berths 420 sf 1 per first 100 units 200 sf 1 per each additional 100 units or fraction of 100. Greater than 500,000 sf Berth Size Loading Berths 660 sf 1 per first 100 units 200 sf 1 per each additional 100 units or fraction of 100. 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 sf= 12 ft x 55 ft x 15 ft * Residential loading berths shall be set back a distance equal to their length. ** 1 Commercial berth may be substi- tuted by 2 Residential berths *** 1 Industrial berth may be substi- tuted by 2 Commercial berths. A required Industrial or Commercial loading berth may be substituted by a Commercial or Residential loading berth, by Waiver, if the size, character, and operation of the Use is found to not require the dimen- lions specified and the required loading berth dimension could not otherwise be provided according to the regulations of this Code. LODGING From 25,000 sf to 500,000 sf Berth Size Loading Berths sf 1 per 300 rooms 200 sf 1 per 100 rooms Greater than 500,000 sf Berth Size Loading Berths 660 sf 1 per 300 rooms 200 sf 1 per 100 rooms From 25,000 sf to 500,000 sf Berth Size L o a d i n g Berths420 420 sf 200 sf 1 per 300 rooms _1er_19.Oronms__ Greater than 500,000 sf Berth Size L o a d i n g 660 sf Berths 1 per 300 rooms 200 sf 1 per 100 rooms OFFICE COMMERCIAL** INDUSTRIAL*** From 25,000 sf to 500,000 sf Berth Size LoadingBerths Area 420 sf 1st 25Ksf-50Ksf 420 sf 2nd 50K sf - 100K sf 420 sf 3rd 100K sf - 250K sf 420 sf 4th 250K sf - 500K sf Greater than 500,000 sf From 25,000 sf to 500,000 sf Berth Size Loading Area Berths 420 sf 1st 25Ksf-50Ksf 420 sf 2nd 50K sf - 100K sf 420 sf 100K sf - 250K sf 420 sf 3rd 250K sf - 500K sf _4th Greater than 500,000 sf ................................................................................................................................................................................................................................................................................................................ Berth Size LoadingBerths Area 660 sf 1 / 500K sf Berth Size Loading Berths Area 660 sf 1 / 500K sf IV.27 MIAMI 21 ARTICLE 4. TABLE 6 FRONTAGES AS ADOPTED - JANUARY 2018 a. Common Lawn: a Frontage wherein the Facade 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 Facade 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 Facade 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 Facade 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 Facade 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 Facade 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 Facade 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 Facade includes a colonnade that overlaps the sidewalk, while the Facade at sidewalk level remains at the Frontage Line. This type is conventional for retail Use. The arcade shall be no less than 15' feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. Permitted by Special Area Plan. SECTION PLAN LOT R.O.W. LOT PRIVATE PUBLIC PRIVATE► Frontage Frontage Frontage 1 R.O.W. PUBLIC Frontage a I 117 IV.28 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. TABLE 7 CIVIC SPACE TYPES This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program. Civic Space Types should be at the ground level, landscaped and/or paved, open to the sky and shall be open to the public. Civic Space Types may be publicly or privately owned. 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 acre and the maximum shall be 4 acres. c. Square: An Open Space availablefor unstructured recreation programs and civic purposes. A square is spatially defined by Building Frontages with streets on at least one Frontage. Its landscape shall consist of pavement, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/3 acre and the maximum shall be 2 acres. d. Plaza: An Open Space available for civic purposes and programmed activities. A Plaza shall be spatially defined by Building Frontages and may include street Frontages. Its landscape shall consist primarily of pavement and trees. Plazas shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/8 acre and the maximum shall be 2 acres. e. Courtyard / Garden: An Open Space spatially defined by Buildings and street walls, and visually accessible on one side to the street. f. Playground: An Open Space designed and equipped for the recreation of children. A Playground shall 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 maximum size. 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 T6-36, T6-48, T6-60 and T6-80, a Pedestrian Passage may be roofed. 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. jOo o" 0 0 0 °100 1-1 JI 1 IL • • 0- * R3 • AO a 41% ,P'14''boo i ! — I I J l L cp0009) O 0 8000 • eo° 0 0 0 - 1( 1r 'J J l' L 0.0 000 [ 1 r J U I I L 0000 • -C CC 1 f 1 I r JlL-1l JL [—I 1 f Ir J 1 I I 0_11 r J m EI I m i M EYE li M iii IM I IV.29 MIAMI 21 AS ADOPTED - JANUARY 2018 a. THOROUGHFARE & FRONTAGES ARTICLE 4. TABLE 8 DEFINITIONS ILLUSTRATED Building Private Frontage Public Vehicular Lanes Public Frontage Frontage Private Frontage Building Private Lot Thoroughfare (R.O.W.) Private Lot b. TURNING RADIUS 1-Radius at the Curb 2-Effective Turning Radius d. LOT LAYERS 3" Layer 2ntl Layer 1r Layer 3rd Layer 2nd Layer 1st Layer f. SETBACK DESIGNATIONS 3 ♦ ► 2 2 2 ♦ 1/ 1 i 1 1-Front Setback 2-Side Setback 3-Rear Setback c. BUILDING DISPOSITION 3 3 2 1- Principal Building 2- Backbuilding 3- Outbuilding e. FRONTAGE & LOT LINES 4 4 3 12 4!4 3 5 1-Frontage Line 2-Lot Line 3-Fapades 4-Elevations 5-Streetscreen g. VISIBILITY TRIANGLE 25-0° Fig 1. AtThoroughfare inter- sections with Building Setbacks Fig 2. At intersections of driveways with Thor- oughfare with no Building Setbacks Fig 3. At Thoroughfare in- tersections with no Building Setbacks IV.30 MIAMI 21 ARTICLE 4. DIAGRAM 9 RESIDENTIAL DENSITY INCREASE AREAS AS ADOPTED - JANUARY 2018 REFER TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN [Emma —I omen.i lNA 1 1=1I1'rtiN \d111' INF ,LDS . .... ` 1.. mp: .miil -mi� minim Emi NM El gI NE Simnimum ■ ❑ ME LEE �. 1 _ICnlp mu-'uuu= 1:1 I ru_IIII Illl 1 ■ ® � �00= Em® a8 .111"19 III -MI6 Nis III I=. i..= 1115 Ai III'E' 111. 1E111 Im III �IIh. II III '.11 ! I.► 111 11 IIII. nll . - ' II I' Wn■1.I1111 1 I II III minim ■,I IIdl■III 7...■ - .uIIi-1Iill .■i. 111112 111111E .1 IIIII ❑' alma r& 1❑I "MIIIMMMIII EL 1 El H1 HI 0 II FV'II: i--rm tut 111 111114• ■.]. I•i.0 = l !our III LIL_ d In , -1 II 1 --';III®IIII ■�. !■,y lilt: Hama mil om II II Ij vilmil lyirN j= 3 IIE li III.111iF 1.., •ii Gi 0000� Ii ui l:Ili. 'I.I.S I "i'lll��lIINI' 11111'1H1: 1111'll� '111111 ru:11..11 I■�I IIIIII IIII:■11n Note: The Official Miami 21 Residential Density Increase Areas Diagram is maintained in the Office of the City Clerk. H❑ HMI ii11141: III EEP EvAro mil❑ 7th Street Flagler Street OMNI 500 units/acre SOUTH EAST OVERTOWN 300 units/acre PARK WEST 500 units/acre CBD 1,000 units/acre RIVER QUADRANT 500 units/acre LITTLE HAVANA 200 units/acre BRICKELL 500 units/acre IV.31 ARTICLE 4. DIAGRAM 10 AREA SPECIFIC ILLUSTRATIONS 72nd Avenue da®_ OIM®1]1®11�® N N AIRIER ,g0NER®®11N 1EMI �1!®1�I el' Coral Way Bird Avenue 42nd Avenue 37nd Avenue mamma SIBIEWAL SSW 1/11 DEMME Grand Avenue NEIGHBORHOOD CONSERVATION DISTRICT 1 NCD 1 CORAL GATE NEIGHBORHOOD CONSERVATION DISTRICT 2 NCD 2 VILLAGE WEST ISLAND AND CHARLES AVENUE 27nd Avenue 22nd Avenue 17th Avenue 12th Avenue NW 2nd Avenue ® _ , 79th Street inn EUMERM filaEM Eaman 1� ER 1i®re ' -n EFEINEM EINEMIEMEB ®� i®®DEB®�® gTh LaMEM NEIGHBORHOOD CONSERVATION DISTRICT 3 NCD 3 COCONUT GROVE MIDTOWN MIAMI WORLD CENTER Note: The Official Miami 21 Area Specific Illustrations Diagram is maintained in the Office of the City Clerk. nuMin Ea DE MEER BEREIMEEB ®�, 11 6.118 1st Street 62nd Street 54th Street Julia Tuttle Causeway I-195 20th Street h Street 5th Road cker seway seway I-395 ESTABLISHED SETBACK AREAS See Article 3, Section 3.3.6 a. b. c. d. e. f. 9. h. l• k. Brickell Financial Biscayne Boulevard Design District SW 27th Avenue Coconut Grove 9th Street Promenade Tigertail Avenue South Bayshore Drive Coral Way 8th Street 22nd Avenue Coconut Grove IV.32 ARTICLE 4. DIAGRAM 11 TRANSIT ORIENTED DEVELOPMENT - TOD 57nd Avenue INTERNATIONAL AIRPORT 22nd Avenue I— <\ I `_,ei i > j m v d y Q! 6 lC„ tCL C I, 2 NW 2nd Avenue • ss_...�. / \ \ • / > < • 11 METRORAIL FUTURE METRORAIL METROMOVER BUS ROUTES STREETCAR HEALTH DISTRICT CIRCULATOR HEALTH DISTRICT STOPS FUTURE TRANSIT SHEDS 1/2 MILE TRANSIT SHED 1/4 MILE PEDESTRIAN SHED • • • Note: The Official Miami 21 TOD Diagram is maintained in the Office of the City Clerk. IV.33 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 4. TABLE 12 DESIGN REVIEW CRITERIA DESIGN REVIEW CRITERIA BUILDING DISPOSITION • Respond to the physical context taking into consideration natural features, existing urban form and Transect Zone intentions. • For Buildings on Corner Lots, design Facades to acknowledge all Frontages. • For modifications of nonconforming Structures. See also Article 7, Section 7.2 for specific regulations. • Create transitions in Height and mass with Abutting properties and Transect Zones. BUILDING CONFIGURATION • Articulate the Building Facade vertically and horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. • Articulate the Building Facade at street level to recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings. • Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. • Design Facades that respond primarily to human scale. • Promote pedestrian interaction. • Design all walls as active Facades, with doors and windows; when not possible, embellish walls with architectural design treatment. • Provide usable Open Space that allows for visible and convenient pedestrian access from the public sidewalk. • Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and communications equipment away from a street front. All service elements shall be situated and screened from view to the street and adjacent proper- ties. BUILDING FUNCTION & DENSITY • Respond to the Neighborhood context and Transect Zone. PARKING STANDARDS • Minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties, especially T3 areas. • For pedestrian and vehicular safety minimize conflict points such as the number and width of driveways and curb cuts. • Minimize off-street parking adjacent to a thoroughfare front and where possible locate parking behind the Building. • Design landscaping or surface parking areas as buffers between dissimilar Uses. • Screen parking garage structures with Habitable Space. Where Habitable Space is not provided, architectural treatments and landscaping shall screen the garage structure. LANDSCAPE STANDARDS • Preserve existing vegetation and/or geological features whenever possible. • Reinforce Transect Zone intention by integrating landscape and hardscape elements. • Use landscaping to enhance Building design and continuity of Streetscape. • Use landscape material, such as plantings, trellises, pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. • Provide landscaping that screens undesirable elements, such as surface parking lots, and that enhances open space and architecture. SIGN STANDARDS • Provide signage appropriate for the scale and character of the establishment and immediate Neighborhood. • Signage shall be within calculated aggregate area appropriate for Transect Zone. • Signage shall be located below fifty (50) foot height limit along the Building Primary Frontage. • Number of Signs for an establishment shall not exceed the allowable amount per linear Frontage. • Monument Signs shall be located within the appropriate Setback and not to disrupt pedestrian activity. • Illumination and other lighting effects shall not create a nuisance to adjacent property or create a traffic hazard. AMBIENT STANDARDS • Provide lighting appropriate to the Building and landscape design in a manner that coordinates with signage and street lighting. • Orient outdoor lighting to minimize glare to the public realm and adjacent properties. • Protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. IV.34 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 5.1 GENERALLY V.5 5.2 NATURAL TRANSECT ZONES (T1) AND RURAL TRANSECT ZONES (T2) V.6 5.3 SUB -URBAN TRANSECT ZONES (T3) V.7 5.4 GENERAL URBAN TRANSECT ZONES (T4) V.12 5.5 URBAN CENTER TRANSECT ZONES (T5) V.18 5.6 URBAN CORE TRANSECT ZONES (T6) V.24 5.7 CIVIC SPACE ZONES (CS) AND CIVIC INSTITUTION ZONES (CI) V.43 5.8 CIVIC INSTITUTION ZONES - HEALTH DISTRICT (CI -HD) V.44 5.9 DISTRICT ZONES (D1 AND D2) V.51 5.10 WATERFRONT INDUSTRIAL DISTRICT ZONES (D3) V.59 V.1 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES AMENDMENTS TO ARTICLE 5 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVEID 13176 05-13-2010 D1 Density 10-00361zt 13235 11-18-2010 Minor and non -substantial modifications throughout the Code 10-00956zt 13238 12-16-2010 Requirements for sheds and other structures; loading berth substitutions; requirements for public and commercial storage facilities; distance separation requirements for ALF's; distance separation requirements for uses and structures 10-00963zt 13240 12-16-2010 Modification of door spacing requirements and removal of public easement requirements 10-00968zt 13242 12-16-2010 Establish limits and procedures for extensions above maximum height far stairs, elevators, mechanical equip., etc. 10-00970zt 13254 02-24-2011 Modify story height for T4 Transect to 40 feet max 10-01454zt 13259 03-24-2011 Regulations for fences and walls in certain Transects 10-01461zt 13314 02-23-2012 Added "Stuctures other than signs" to dominant setback waivers 11-00791zt 13326 06-28-2012 Additional flexibility for parking garages 12-00563zt 13425 12-12-2013 Mechanical roof equipment amendment to T6-12 13-01089zt 13507 03-12-2015 Modification of Illustration 5.6 Urban Core Transect Zone (T6-24) to include T6-24(b) 14-01198zt 13516 03-26-2015 Modification of Balcony and Facade component encroachment allowances. 14-01215zt 13669 03-09-2017 T6 building disposition setback requirements. 1690 13695 07-13-2017 Civic space zones density, intensity, and parking requirements. 2289 13728 12-14-2017 Parking standards and placement for frontages and underground parking. 3003 V.3 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.4 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.1 GENERALLY 5.1.1 This Article sets forth the standards applicable to development within each Transect Zone that are specific to: • Building Disposition • Building Configuration • Building Function and Density • Parking Standards • Architectural Standards • Landscape Standards • Ambient Standards V. 5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.2 NATURAL TRANSECT ZONES (T1) AND RURAL TRANSECT ZONES (T2) 5.2.1. Natural Transect Zones (T1) A Natural Transect (T1) Zone is a zone for environmental conservation. a. AT1 Zone is to be left in an essentially natural state. Modification of the natural conditions shall be according to Local, State and Federal guidelines. Public access to T1 areas may be limited if it presents a threat to wildlife and plant life within the areas. b. In a T1 Zone, improvements shall serve solely to protect natural elements. Any paved, graveled, mulched, boardwalk or otherwise improved surface or any habitable, enclosed or air conditioned space shall be kept to the minimum scale necessary to fulfill its purpose. Such improvements including but not limited to: screened or glassed enclosures, pathways, fencing, gatehouses, lighting, toilet facilities, parking areas, etc. may be allowed by process of Exception. Only activi- ties and improvements which reinforce the natural character shall be allowed and upon a finding that there is no negative effect to the environment based on a study of potential environmental impacts to be provided by the applicant. c. One Dwelling Unit per five (5) acres allowed. 5.2.2. Rural Transect Zones (T2) — (RESERVED) V.6 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.1 Building Disposition (T3) a. Newly platted Lots shall be dimensioned according to Illustration 5.3 b. Lot Coverage by Building shall not exceed that shown in Illustration 5.3. c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.3. d. In Zone T3-R, one Principal Building consisting of one Dwelling Unit at the Frontage may be built on each Lot as shown in Article 4, Table 8. In Zone T3-L one Principal Building consisting of one Dwelling Unit at the Frontage and one Outbuilding may be built on each Lot. The Outbuilding shall be separated from the Principal Building by a minimum of ten (10) feet. A Backbuilding may connect the Principal Building and the Outbuilding. In Zone T3-O, one Principal Building consist- ing of two Dwelling Units at the Frontage may be built on each Lot as shown in Illustration 5.3. e. Setbacks for Principal Buildings shall be as shown in Illustration 5.3. Setbacks may otherwise be adjusted by Waiver by no more than ten percent (10%). f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line. g. Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.3. h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5.3. One (1) Story, non -habitable Accessory Structures, of a maximum of two hundred (200) square feet or ten (10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line. Setbacks for such structures may be reduced by Waiver. 5.3.2 Building Configuration (T3) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.3. For T3-R and T3-L, second story lot coverage shall not exceed thirty percent (30%). b. Encroachments shall be allowed as follows: At the First Layer, stairs may encroach up to eight (8) feet of the depth of the Setback. Open Porches shall be at a minimum seven (7) feet deep and may encroach up to eight (8) feet of the depth of the Setback. At the First Layer, cantilevered portions of Awnings, balconies, bay windows and roofs shall be a maximum three (3) feet deep and may encroach up to three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. At the Second and Third Layers, Awnings, balconies, bay windows, chimneys, roofs and stairs may encroach up to fifty percent (50%) of the depth of the Side Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and canopies may encroach up to fifty percent (50%) of the depth of the Rear Setback. c. Unroofed screen enclosures shall be located within the Second or Third Layer only and shall V.7 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 have a five (5) foot minimum side and rear Setback. d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and ap- purtenant enclosures, shall be located within the Second or Third Layer and concealed from view from any Frontage. These shall not be allowed as Encroachments, on any required setback, except for Buildings existing as of the effective date of this Code, where mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments by Waiver. e. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall be a maximum of two and a half (2.5) feet above grade, or as regulated by FEMA, whichever is higher. A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched roof shall be a maximum of twenty-five (25) feet to the eave and shall not exceed ten (10) feet overall Height above the second Story. f. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of three and a half (3.5) feet. At the roof, other ornamen- tal Building features may extend up to three and a half (3.5) feet above the maximum Building Height. Roof decks shall be permitted at the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions above the maximum Height up to four hundred (400) square feet for either a stair enclosure or ornamental purpose shall be permitted by process of Waiver. All extensions including attics shall not exceed ten (10) feet above the second Story. g. Fences and walls may be located up to and including the Frontage Line to the following maximum Height. Height of fences and walls shall not exceed four (4) feet within the First Layer, except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. Within the Second and Third Layers, Fences and walls shall not exceed eight (8) feet. 5.3.3 Building Function & Density (T3) a. Buildings in T3 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.3. Certain Functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental use regulations. b. Religious Facilities requiring additional Height or relief from parking requirements and frontage requirements may be permitted by process of Exception. 5.3.4 Parking Standards (T3) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. Parking may be accessed by an Alley when such is available. c. Covered parking and garages and at least fifty percent (50%) of required parking shall be located within the Second and Third Layers as shown in Article 4, Table 8; in T3-R and T3-L a maximum thirty percent (30%) of the width of the Facade may be covered parking or garage. In T3-O cov- ered parking and garages shall be a maximum sixty percent (60%) of the width of the facade. Covered parking and garages shall align with or be set back from the Facade. Driveways and V. 8 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 drop-offs including parking may be located within the First Layer. d. The maximum width at the Property Line of a driveway on a Frontage shall be twelve (12) feet for T3-R and T3-L and twenty (20) feet for T3-O.Two separate driveways on one Lot shall have a minimum separation of twenty (20) feet in T3-R and T3-L only. e. Tandem Parking on site is encouraged. 5.3.5 Architectural Standards (T3) a. Only permanent Structures shall be allowed. Temporary Structures such as mobile homes, con- struction trailers, travel trailers, recreational vehicles, and other temporary Structures shall not be allowed except as per City Code. b. Roof materials should be light-colored, high Albedo or a planted surface. 5.3.6 Landscape Standards (T3) a. A minimum of one shade tree shall be planted within the First Layer for each fifty (50) feet of Frontage Line. b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be limited to thirty percent (30%) of the area and pervious pavement shall be limited to sixty percent (60%) of the area; a combination of pervious and impervious pavement shall be limited to sixty percent (60%) of the area in the First Layer. c. Green Space shall be a minimum twenty-five (25%) of the Lot area. 5.3.7 Ambient Standards (T3) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed one (1.0) foot-candle. c. Lighting of Building and Open Space of First and Second Layers shall be compatible with street lighting of Abutting public spaces. V. 9 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.10 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 50 ft min. c. Lot Coverage 50% max. first floor 30 % max. second floor (T3 R & T3 L only) d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback N/A f. Green Space 25% Lot Area min. 9. Density T3 R = 9 du/ac max. T3 L = 9 du/ac max. T3 0 = 18 du/ac max. BUILDING SETBACK a. Principal Front 20 ft. min. b. Secondary Front 10 ft. min. c. Side 5 ft. min. 20% Lot Width total min. d. Rear 20 ft. min. OUTBUILDING SETBACK (T3 L ONLY) a. Principal Front 20 ft. min. b. Secondary Front 10 ft. min. c. Side 5 ft. min. d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop prohibited f. Shopfront prohibited 9. Gallery prohibited h. Arcade prohibited BUILDING HEIGHT a. Principal Building 2 Stories and 25 ft. to eave max. b. Outbuilding 2 Stories and 25 ft. to eave max. PARKING Facade Width T3 R & T3 L 30 A max. T3 0 60% max. ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.3 SUB -URBAN TRANSECT ZONES (T3) BUILDING PLACEMENT Comer Lot Irderior Lot ■ ir 19'n1n.� � Layer min. 5' min ►i j 2Lr ril 3N ram— —_r_ i 21.4' mil. hi 1st 2nd 3rd WIN LaYer LaMar OUTBUILDING PLACEMENT Comer Lot r 10 ruin. — -- i fist Layer 2nd &3rd 5'mrt { r Al_ `' - fJT 5 min. I InlerIor Lot 7 1.1 Fm in. 1st 2nd Layer Layer PARKING PLACEMENT Comer Lot Interior Lot ■ let 2nd BUILDING HEIGHT 2 2rd Lariv ■ 11st Layer 2nd & 3rd Layer ! i I j y i Hu. eight Jr2 I I ' V.11 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 5.4 GENERAL URBAN TRANSECT ZONES (T4) 5.4.1 Building Disposition (T4) a. Newly platted Lots shall be dimensioned according to Illustration 5.4. b. Lot Coverage by any Building shall not exceed that shown in Illustration 5.4. c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.4. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Article 4, Table 8. The Outbuilding shall be separated from the Principal Building by a minimum of ten (10) feet. e. Setbacks for Principal Buildings shall be as shown in Illustration 5.4. Setbacks may otherwise be adjusted by Waiver by no more ten percent (10%). f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line, for a minimum fifty percent (50%) of its length. g. The Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.4. h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5.4. One (1) Story, non -habitable Accessory Structures, of a maximum of two hundred (200) square feet or ten (10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line. 5.4.2 Building Configuration (T4) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.4. b. Encroachments shall be allowed as follows: At the First Layer, stairs may encroach up to fifty percent (50%) of the depth of the Setback. Open Porches shall be at a minimum seven (7) feet deep and may encroach up to fifty percent (50%) of the depth of the Setback. At the First Layer, Cantilevered portions of Awnings, balconies, bay windows and roofs shall be at a maximum three (3) feet deep and may encroach up to thirty percent (30%) of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setbacks. At the Second and Third Layers, Awnings, balconies, bay windows, chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and canopies may encroach up to fifty percent (50%) of the depth of the Setback. c. Unroofed screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback. d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and ap- V.12 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES purtenant enclosures, shall be within the Second or Third Layer and concealed from view from any Frontage or sidewalk by liner buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments on any required setback, except for Buildings existing as of the effective date of this Code, where mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments in the setback by Waiver. e. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages only by process of Waiver. f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5.4. The first -floor Elevation of a Principal Building shall be at average Side- walk grade; a first -floor Residential or Lodging Function should be at a minimum Height of two (2) feet and a maximum Height of three and a half (3.5) feet for privacy reasons or as regulated by FEMA, whichever is higher. The height of the building shall be up to three (3) Stories, and a maximum of forty (40) feet to the top of the roof slab. g. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of five (5) feet. Other ornamental Building features may extend up to five (5) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for a stair, elevator or mechanical enclosure shall be limited to twenty (20%) of the roof area. h. Fences and walls may be located at the Frontage Line as shown in Article 4, Table 6. Fences and walls shall be a maximum Height of four (4) feet at the First Layer, except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. Within the Second and Third Layers, Fences and walls shall be a maximum Height of eight (8) feet. i. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof, a screen wall shall conceal all equipment except antennas from lateral view. Exhaust air fans and louvers may be allowed on the Facade only on Secondary Frontages above the first Floor. 5.4.3 Building Function & Density (T4) a. Buildings in T4 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.4. Certain functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental use regulations. 5.4.4 Parking Standards (T4) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. Parking may be accessed by an Alley when available. V.13 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES c. Surface parking lots, covered parking and garages shall be located within the Second and Third Layers as illustrated in Article 4, Table 8. Surface parking lots, garages, Loading space and ser- vice areas shall be masked from the Frontage by a Liner Building or Streetscreen as specified in Illustration 5.4. A maximum thirty percent (30%) of the width of the Facade may be surface parking, covered parking or garage, which shall align with or be set back from the Facade. Driveways and drop-offs including parking may be located within the First Layer. d. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the Sidewalk. Ramps to underground parking shall be within the Second and Third Layers. e. The maximum width at the Property Line of a driveway on a Frontage shall be twelve (12) feet. Shared driveway width combining ingress and egress shall be a maximum width of twenty (20) feet at the Property Line and may encroach into Setbacks. Two separate driveways on one Lot shall have a minimum separation of twenty (20) feet. f. Tandem Parking on site should be encouraged. g. Shared Parking shall be calculated according to Article 4, Table 5. h. In T4-L and T4-O a minimum of one (1) bicycle rack space shall be provided for every twenty (20) vehicular parking spaces and may be in the Private Frontage. 5.4.5 Architectural Standards (T4) a. Only permanent structures shall be allowed. Temporary Structures such as mobile homes, con- struction trailers, travel trailers, recreational vehicles and other temporary structures shall not be allowed except as per City Code. b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than seventy percent (70%) of the Sidewalk level Story. Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high-Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. 5.4.6 Landscape Standards (T4) a. A minimum of ten percent (10%) of the Lot Area in the First Layer shall be Green Space. b. In the First Layer, pavement shall be limited as follows: impervious pavement shall be limited to forty percent (40%) of the area and pervious pavement shall be limited to fifty percent (50%) of the area; a combination of pervious and impervious pavement shall be limited to fifty percent (50%) of the area in the First Layer. c. Open Space shall be a minimum fifteen percent (15%) of the Lot Area. 5.4.7 Ambient Standards (T4) V.14 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES a. Noise regulation shall be as established by the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 2.0 fc (foot-candles). c. Lighting of Building and Open Space of First and Second Layers shall be compatible with street lighting of Abutting public spaces. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. V.15 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.16 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min.; 20,000 s.f. max. 1,400 s.f. min.; 20,000 s.f. max. b. Lot Width - With rear vehicular access 50 ft min. 16 ft. min. c. Lot Coverage 60% max. d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 50% minimum f. Open Space 15% Lot Area min. 9. Density 36 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. or 5 ft. min. Abutting a Setback d. Rear 20 ft. min. OUTBUILDING SETBACK a. Principal Front 30 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. or 5 ft. min. Abutting a Setback d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T4 L and T4 0 only) 9. Gallery prohibited h. Arcade prohibited BUILDING HEIGHT a. Principal Building 3 Stories max. and 40 ft. max. b. Outbuilding 2 Stories max. Coma La[ Interior Lot i 1Q mn, i • 1 1st 1141 1t] mYr. 5min. 1 1 I2nd&3rd ___ ■ 1n. V 20' EITT 5' min. 21 El 1st 2nd Ord Layer Layer Layer OUTBUILDING PLACEMENT Comer Lot Infer or Lat 1 1 —1st i I1 1 ri ixrnit. Nmin.■I ■ 2nd&3rd 5' min. 1 I 1 +i io 1st 2nd Layer Layer PARKING PLACEMENT Comer Lot Interior licit Ord Layer ■ / i ■ 1st 1 j♦ ar mir, ' a LBW ---J 5'mh. 'C ■ 2 3rd 39- m � k_ f -r— -- �4 rr`_— -=T- i Tr ti' m1n. ■ r■ r■ 1st 2nd LaYer BUILDING HEIGHT 1 min. ri LayerOrd 2 I Heigh! 1 V.17 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) a. Newly platted Lots shall be dimensioned according to Illustration 5.5. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.5. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.5. d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a Courtyard at the Second Layer. e. For the minimum Height, facades shall be built parallel to the Principal Frontage Line along a minimum of seventy percent (70%) of its length on the Setback Line as shown in Illustration 5.5. In the absence of a Building along the remainder of the Frontage Line, a Streetscreen shall be built co -planar with the Facade to conceal parking and service areas. f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedes- trian 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. g. Setbacks for Buildings shall be as shown in Illustration 5.5. Where the property to be developed abuts aStructure 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. h. For sites with three hundred and forty (340) feet Frontage length or more, a cross -block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross Block Pedestrian Passage. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross Block passage shall be provided. i. Maximum Lot size as shown in Illustration 5.5 may be increased by Exception for Uses that serve the Neighborhood. 5.5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.5. 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 that are non -accessible, may encroach a maximum of three (3) feet into the Setback. Other cantilevered portions of the Building shall maintain the required Setback. At the Second and Third Layers, no encroachments are permitted. V.18 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES c. Galleries and Arcades shall be a minimum fifteen (15) feet deep and may encroach up to one hundred percent (100%) of the depth of the Setback by 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. When Lots have only Principal Frontages, vehicular entries, Loading spaces and service areas shall be permitted on Principal Frontages only by process of Waiver. f. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and ap- purtenant enclosures shall be located within the Second or Third Layer and concealed from view from any Frontage or sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5.5. 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. h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of five (5) feet. Other ornamental Building features may extend up to ten (10) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for stair, elevator or mechanical enclosures shall be limited to twenty (20%) of the roof area, unless approved by Waiver. i. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof, a screen wall shall conceal all equipment except antennas from lateral view. Exhaust air fans and louvers may be allowed on the Facade only on Secondary Frontages above the first floor. j. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height and constructed of a material matching the adjacent building Facade or of masonry, wrought iron or aluminum. The Streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Streetscreens shall be located co -planar with the Building Facade Line. Streetscreens more than three (3) feet high shall be fifty percent (50%) permeable or articulated to avoid blank walls. k. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8) feet. 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. Certain Functions as shown in Article 4, Table 3 shall require V.19 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 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. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Front- age when available. Where Lots have only Principal Frontages, parking may be accessed from the Principal Frontages. d. Primary Frontage. All parking including drop-off drives and porte-cocheres, open parking areas, covered parking, garages, Loading space and service areas shall be located within the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8. Parking may extend into the Second Layer above the first Story by Waiver if an art or glass treatment of a design to be approved by the Planning Director with the recom- mendation of the Urban Development Review Board is provided for one hundred percent (100%) of that portion of the Pedestal Facade. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet. 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. 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. f. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising first -floor elevation of the First and Second Layers above that of the Sidewalk. Ramps to underground parking shall be only within the Second and Third Layers. g. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than twenty- five (25) feet and the minimum distance between vehicular entrances shall be sixty (60) feet, unless approved by Waiver. h. Pedestrian entrances to all parking lots and parking structures shall be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building. i. Buildings mixing Uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table 5. V.20 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 5.5.5 Architectural Standards (T5) a. Only permanent Structures shall be allowed. Temporary Structures such as mobile homes, con- struction trailers, travel trailers, recreational vehicles and other temporary Structures shall not be allowed except as per City Code and this Code. b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than seventy percent (70%) of the sidewalk -level Story. Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. d. The Facade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking Structures shall be covered a maximum of sixty percent (60%) with a shade producing Structure such as, but not limited to, a vined 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 and extend the enfronting Public Frontage as shown in Article 8. b. Open Space shall be a minimum of ten percent (10%) of the Lot Area. Unpaved Green Space shall be a minimum five percent (5%) of the Lot Area. 5.5.7 Ambient Standards (T5) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 5.0 fc (foot-candles). c. Lighting of Building and contingent Open Spaces shall be compatible with street lighting ofAbut- ting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. V.21 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.22 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min., 40,000 s.f. max. 1,200 s.f. min., 40,000 s.f. max. b. Lot Width - With rear vehicular access 50 ft min. 16 ft. min. c. Lot Coverage 80% max. d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 65 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T4 6 ft. min Abutting Side or Rear T3 10% of Lot depth"*min. 1s'through 2nd Story 26 ft. min. above 2nd Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T5 L and T5 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 5 Stories c. Max. Benefit Height 1 Story Abutting D1 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.5 URBAN CENTER TRANSECT ZONES (T5) BUILDING PLACEMENT ■ Corner Lot terror Lot 1Umh 1 10' min. Larl LI min, J. 2nd&3rd 12 min. CO min. 4 H ►l 1at 2nd Uha PARKING PLACEMENT ■ Call Lot huh Lot • • 9rd layer 1st 2nd d 144 2nd BUILDING HEIGHT Mac 9mefit i Heigrrt 1—or M. • Height Min. Height 3rd layer 5 4 ► 3 2 2 min ra ABI.M1tGSIDE&REAP Di Mar • Height Mln: HepM s • 3 2 1 i 0 min. ASUI'Rt13 "SEE B. REAP ALL2GNESEX(EPTT4&T3 2 s'' nin. 1 MUTING SIDE & REAR T4 ABLATING SIDE & REAR T9 ""10% of Lot depth for Lois mare then 120' deep G min for Lots leas man 120' deep V.23 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) a. Newly platted Lots shall be dimensioned according to Illustration 5.6. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.6. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.6. d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a courtyard at the Second Layer. e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along a minimum of seventy percent (70%) of its length on the Setback Line 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. In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building corner may recede from the designated Setback up to twenty percent (20%) of the Lot length. f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedes- trian 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. g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be developed abuts a Structure other than a Sign, a Waiver may be granted so the proposed Structure matches the ground level dominant setback of the block and its context. Frontage Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver. For T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the Setbacks shall reflect the transition as shown in Illustration 5.6. h. Above the eighth floor, minimum building spacing is sixty (60) feet, except that where the Build- ing abuts T5, the sixty (60) feet required spacing shall be above the fifth floor. For T6-24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet by Waiver. For T6-36, T6-48, T6-60 and T6-80 above the eighth floor in the Second Layer, at a setback of ten (10) feet, an additional two stories of habitable space may extend a maximum sixty percent (60%) of the length of the street Frontages. For T6-24, T6-36, T6-48, T6-60 and T6-80 above the eighth floor an additional six feet of non -habitable space may be allowed without additional setback to accommodate depth of swimming pools, landscaping, transfer beams, and other structural and mechanical systems. i. For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block Pedestrian Passage. If the Frontage Line of a site is at any point six hundred and fifty (650) feet V.24 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES J. from a Thoroughfare intersection, a vehicular cross -Block passage shall be provided. Such a cross -Block Passage may be covered above the first floor by a maximum of twenty-five percent (25%) of its length with Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In T6-36, T6-48, T6-60 and T6-80 a Pedestrian Passage may be roofed and shall be lined with frequent doors and windows. Maximum Lot size as shown in Illustration 5.6 may be increased by Exception for Uses that serve the Neighborhood. 5.6.2 Building Configuration (T6) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.6. b. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows: 1. 15,000 square feet maximum for Residential Uses in T6-8, T6-12 and T6-24 2. 18,000 square feet maximum for Residential Uses in T6-36, T6-48, T6-60 and T6-80 3. 30,000 square feet maximum for Commercial Uses and for parking 4. 180 feet maximum length for Residential Uses 5. 215 feet maximum length for Commercial Uses 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 efficency, such as shading and Screening devices, that are non -accessible may encroach up to three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. Above the eighth Story when additional setbacks are required as detailed in Illustration 5.6, Facade components promoting energy efficiency such as shading and Screening devices, that are non - accessible or balconies may encroach a maximum of three (3) feet. d. Galleries and Arcades shall be minimum fifteen (15) feet deep, shall encroach one hundred percent (100%) of the depth of the Setback and shall overlap the whole width of the Sidewalk to within two (2) feet of the curb. Permitted by process of a Special Area Plan. e. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and ap- purtenant enclosures shall be located within the Second or Third Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments. f. Loading and service entries shall be within the Third 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 Lots have only Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Principal Frontages by Waiver. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be al- located as required in Illustration 5.6. First -floor elevation shall be at average Sidewalk grade. A V.25 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 first level Residential Function or Lodging Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.5) feet above average Sidewalk grade. Existing one Story Structures shall be considered conforming and may be enlarged. h. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height neces- sary to conceal it, and a maximum Height of ten (10) feet. Other enclosures for housing stairs, elevators or mechanical equipment or for ornamental Building features may extend up to ten (10) feet above maximum height for T6-8, unless approved by Waiver. There shall be no limitation for ornamental element, stair, elevator or mechanical equipment extensions above maximum Height for T6-12, T6-24, T6-36, T6-48, T6-60 and T6-80. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to fourteen (14) feet. i. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof a screen wall shall conceal all equipment except antennas from lateral view. Exhaust air fans and louvers may be allowed on the Facade only on the Secondary Frontages above the first floor. j. Streetscreens or fences shall be between three and a half (3.5) and eight (8) feet in Height and constructed of a material matching the adjacent building Facade or of masonry, wrought iron or aluminum. The Streetscreen may be replaced by a hedge. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Streetscreens shall be located coplanar with the Building Facade Line. Streetscreens over three (3) feet high shall be fifty percent (50%) permeable or articulated to avoid blank walls. k. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8) feet. I. The ground floor along all Frontages shall contain Habitable Space. 5.6.3 Building Function & Density (T6) a. Buildings in T6 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.6. Certain Functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental regulations. b. The calculation of the FLR shall not apply to that portion of the building that is entirely below base flood elevation. 5.6.4 Parking Standards (T6) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. Parking should be accessed by an Alley. Parking shall be accessed from the Secondary Front- age when available. Where Lots have only Principal Frontages, parking may be accessed from V.26 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 the Principal Frontages. 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 and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8. Parking may extend into the Second Layer above the first (1) Story, by Waiver, if an art or glass treatment, of a design to be approved by the Planning Director, with the recom- mendation of the Urban Development Review Board, is provided for one hundred (100%) percent of that portion of the Pedestal Facade. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet. 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 front- age or height of the pedestal. Above ground Parking may extend into the Second Layer beyond fifty percent (50%) of the length of the frontage or height of the Pedestal, by 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. f. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the sidewalk. Ramps to underground parking shall be within the Second or Third Layers. g. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than thirty (30) feet and the minimum distance between vehicular entrances shall be sixty (60) feet, unless approved by Waiver. h. Pedestrian entrances to all parking Lots and parking structures shall be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building. i. Buildings mixing uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table 5. 5.6.5 Architectural Standards (T6) a. Only permanent structures shall be allowed. Temporary structures such as mobile homes, con- struction trailers, travel trailers, recreational vehicles and other temporary structures shall not be allowed except as per City Code and this code. b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than seventy percent (70%) of the sidewalk -level Story. Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high Albedo or a planted surface and shall comply with Article 3, Section 3.13.2 of this Code. V.27 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 d. The Facade of a parking garage that is not concealed behind a Habitable Liner and all Elevations shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and light- ing. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking structures shall be covered a minimum of sixty percent (60%) with a shade producing structure such as, but not limited to, a vined pergola or retractable canvas shade structure. 5.6.6 Landscape Standards (T6) 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. b. Open Space shall be a minimum ten percent (10%) of the total Lot area. Ten percent (10%) of the Open Space provided in Second or Third Layer shall be landscaped. 5.6.7 Ambient Standards (T6) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 20 fc (foot-candles). c. Lighting of building and contingent Open Spaces shall be compatible with street lighting ofAbut- ting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. V.28 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 40,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8'h Story 15,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 5 125% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8'" Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8'" Story c. Side 0 ft. min., 30 ft. min. above 8" Story d. Rear 0 ft. min., 30 ft. min. above 8" Story e. Abutting Side or Rear T5 0 ft. min. 1s'through 5'" Story 10 ft. min. 65'through 81h Story 30 ft. min. above 8' Story Abutting Side or Rear T4 6 ft. min. 1 s1 through 5'" Story 26 ft. min. above 5'" Story Abutting Side or Rear T3 10% of Lot depth" min. 11'through 2'd Story 26 ft. min. 3rd through 5'" Story 46 ft. min. above 5'" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-8 L and T6-8 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 8 Stories c. Max. Benefit Height 4 Stories Abutting all Transects Zones except T3 Or as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) BUILDING PLACEMENT PARKING PLACEMENT 1 25 min, IP'min. -1 . 1 1 lid31d L9Jd • 1m 2nd LEWLa+er Laff BUILDING HEIGHT 25mh 5716 rrin 25' mn. 0 min. • 15'rrin. mh ■ • Im 2rd 3Td Layer Layer Layer I 12 301ntin. • 1- 11 ►i 30'min. -I 1- y i I 10 r r B 3 4 ABUTTING SUE 8 RENE ALL AXES EXCEPT T5 14 613 A 8 5 4 3 i 2 p mh. �H A0MW510EdT TAR T4 A 7 10'nyn. 6 5 14 3 2 0' min. 1 ABUTTING SUE &BEM T5 22 min I 1 2 10%dLol [kW"' r-H1 1 ABUTTING SCE &REAR T3 '-'10% of Latdepth for Lots more than 120' deep 6' mh far Lots less than 120' deep r Lm 2rd 8Lafs 3rd V.29 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.30 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 70,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8'h Story 15,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 8 130 % additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8'h Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8'h Story c. Side 0 ft. min., 30 ft. min. above 8" Story d. Rear 0 ft. min., 30 ft. min. above 8" Story e. Abutting Side or Rear T5 0 ft. min. 1 s1 through 5'h Story 10 ft. min. 65'through 81h Story 30 ft. min. above 8' Story Abutting Side or Rear T4 6 ft. min. 1 s1 through 5'h Story 26 ft. min. 65'through 81h Story 30 ft. min. above 8' Story Abutting Side or Rear T3 10% of Lot depth" min. 1s'through 2'd Story 26 ft. min. 3'd through 5'1' Story 46 ft. min. above 5'h Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-12 L and T6-12 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 12 Stories c. Max. Benefit Height 8 Stories Abutting all Transects Zones except T3 Or as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING PLACEMENT PARKING PLACEMENT is! 2 d BUILDING HEIGHT ■ SumndvyFcnt r 25'mn 29mh. 13mh. C. min. n rdn. ■ ►\ ►� ■ 1st 2rd 2rtl Max —i i HEW F a r4 i is 1 i --T- T1 ff:r Ma. i Hethl 12 MUTINGSICEgREAR ALL 20NESEZEPT T6, T4tT3 13 — � 12 —A r 9 37 min. k /limn. r a 4 3 2 l7 n n 0.41 1 A JTTING ME 6. TEAR 74 a 1 I 10 min p—_N 6 5 a 2 pn: RRUTf NG ICE &REAR T5 i Ad mil. 2e Tin. 9 1[f L01 ocp7P'.►-�i 11 MUTING 9EE & REAR T3 "10% rrf Lot depth ierLots more than 120' deep 8' min for Labs lean than 12t2 deep •1.1 . Layer aa LBW V.31 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V. 32 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 100,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8t Story 15,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-24a: 7 130 % additional Public Benefit T6-24b: 16 / 40% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8T" Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8Th Story c. Side 0 ft. min., 30 ft. min. above 8' Story d. Rear 0 ft. min., 30 ft. min. above 8' Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5" Story 10 ft. min. 6st through 8h Story 30 ft. min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfronl permitted (T6-24 L and T6-24 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 24 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 * 0r as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING PLACEMENT PARKING PLACEMENT r 0Mkt I19mn,1 I l0'rdn ■ 20 r.is Pnis ►7 P rrin, . 04 F4 'al Intl 1rd 121ar Lya L�r BUILDING HEIGHT Mail ! Hain' Min Hdp 10 9 —r---_----T 37'nh tire' 8d 9mn. t-- 25' nin. 50% m 0 mil. kd 10 Ind Srtl AlaLaSqr Lar 7 15 mh. Cr min. Pan %SCE&nunoaL20NM TM,id&T3 AHUVIItaSIDE 8REAR TO t Lem lid & rd V.33 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.34 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8th Story 18,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-36a: 12 140 % additional Public Benefit T6-36b: 22 140 % additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8'" Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8Th Story c. Side 0 ft. min., 30 ft. min. above 8' Story d. Rear 0 ft. min., 30 ft. min. above 8' Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5'h Story 10 ft. min. 6st through 81' Story 30 ft. min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfronl permitted (T6-36 L and T6-36 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 36 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 * 0r as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-36) BUILDING PLACEMENT PARKING PLACEMENT 1Ft trc 3d Leer Leer Layer BUILDING HEIGHT m —I1Bsnafr al 1 Haagg_i --- Heiiti 5 dir. t ID 9 ■ 31'nin 7 5 3 2 nrim. II isl 2 1 3d W Lv 56 12 9 30' flirt 7 1Unin S a 3 2 0'me WW2 SEE &PEAR NLTINESDLEPTTGT4&T2 AWING SEE &REMHTS ■ V.35 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.36 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8th Story 18,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-48a: 11 150 % additional Public Benefit T6-48b: 18 150 % additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 dulac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8Th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8Th Story c. Side 0 ft. min., 30 ft. min. above 8' Story d. Rear 0 ft. min., 30 ft. min. above 8' Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5'h Story 10 ft. min. 6st through 81' Story 30 ft. min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfronl permitted (T6-48 L and T6-48 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 48 Stories c. Max. Benefit Height 32 Stories Abutting all Transects Zones except T3 * 0r as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-48) BUILDING PLACEMENT PARKING PLACEMENT Fmril 3drdn. y-.-.n 1Et SEC1L�jrFnxi Laya Uvr r ti u 18r aid LahY Lays 9rd r BUILDING HEIGHT 1 MaX 1 i ____ — i HfiOt 3ltrrin pl3lfFTINC3 SIDE IS. HERR ALLZlOIF3 ECM TE,T46T9 rti rr 181 ad Lana Lays as 9rd LaYri 11 10 9 1 5 14 9 2 4 rrin. nr ABUTTING 3rJEaF T5 ■ V. 37 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.38 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8th Story 18,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-60a: 11 150 % additional Public Benefit T6-60b: 18 150 % additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 dulac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8T" Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8Th Story c. Side 0 ft. min., 30 ft. min. above 8' Story d. Rear 0 ft. min., 30 ft. min. above 8' Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5Th Story 10 ft. min. 6st through 8T'Story 30 ft. min. above 8" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfronl permitted (T6-60 L and T6-60 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 60 Stories c. Max. Benefit Height unlimited Stories Abutting all Transects Zones except T3 * 0r as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) BUILDING PLACEMENT 0-410'T1, 1r I 20'nin O'nin: I A 3 rdn 117mh.- tat I �r gmn. ►4 PARKING PLACEMENT 0 25'rrin, 50% mar 24 mn. 1Rmn. min. I 191 a1tl 3rtl 191 2nd 3rd Lour Layer Layer Layer Lafar Lays BUILDING HEIGHT Ransil! Hatt Whirred i M14K I 60 Mn He 12 11 10 30 mh. 5 5 2 2rrh. My 12 11 10 3dmh. a ltlmn 10—r1 5 2 p mn. py A311f11NGODE &FFPAAll 205133E%CEPTT9.f4&T9 ABUffN2SEE &F 11115 Lar 2rd &ard Layer V.39 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.40 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% max. - Above 8' Story 18,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 24150 % additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8'" Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8'" Story c. Side 0 ft. min., 30 ft. min. above 8' Story d. Rear 0 ft. min., 30 ft. min. above 8' Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfrcnt permitted (T6-80 L and T6-80 0 only) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 80 Stories c. Max. Benefit Height unlimited Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-80) BUILDING PLACEMENT 1st lid Layer War 3d Lag BUILDING HEIGHT Na I Ei.dt! IT Hjrli UnIM6d 1 .-.r-F-a`r T--r Ner !-1, Hei r 1 1 @7 AB111TiaSCE 6REAR ALLZc E8ElfT5,T46TS 1st LEVer Pre &ard Lou PARKING PLACEMENT 151 8d Layer Lager trd Later Lays alas Lr V.41 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.42 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 5.7 CIVIC SPACE ZONES (CS) AND CIVIC INSTITUTION ZONES (CI) 5.7.1 Civic Space Zones (CS) 5.7.1.1 Development in a Civic Space Zone should have a minimum of fifty percent (50%) of its perimeter enfronting a Thoroughfare. Civic Space sites shall be entered directly from a Thoroughfare. 5.7.1.2 Development in Civic Space Zones shall be consistent with the standards in Article 4, Tables 3, 4, and 7. 5.7.1.3 One or more Buildings may be built in each Civic Space. Building floor area shall not exceed twenty- five percent (25%) of the lot area of the Civic Space, and shall support the principal use of the Civic Space. 5.7.1.4 In Civic Spaces, Buildings, Fences and walls shall conform to regulations of the most restrictive Abutting Transect Zone, except as shown by City of Miami's Parks and Public Spaces Master Plan or other master plans adopted by the City Commission. Other adjustments to the regulations shall be approved by process of Exception. 5.7.1.5 All Community facility and Recreational Facility Uses shall be government owned or operated only. 5.7.2 Civic Institution Zones (CI) 5.7.2.1 Development in a Civic Institution Zone shall have a minimum of one (1) Frontage enfronting a Thoroughfare and should have its primary entrance from a Thoroughfare. 5.7.2.2 Development in Civic Institution Zones shall be consistent with the standards in Article 4, Tables 3 and 4. 5.7.2.3 A Civic Institution Lot may have one (1) or more Buildings. 5.7.2.4 Civic Institution Development shall be permitted by process of Exception and shall conform to the following regulations: a. Any property located within a CI Zone may be developed according to the regulations of the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum. b. Development in a CI Zone shall follow the regulations of the Abutting Transect Zone, except that Height restrictions shall be as follows: 1. A CI Zone entirely Abutting T3 shall be developed to no more than the maximum Height al- lowed by T4. 2. A CI Zone predominantly Abutting T3 orT4, shall be developed to no more than the maximum Height allowed by T5. 3. A CI Zone predominantly Abutting T5, T6-8, D1, D2 or D3, shall be developed to no more than the maximum Height of T6-8. 4. A CI Zone entirely Abutting T6-8 or higher, may conform to the maximum Height of any higher Abutting Transect Zone. V.43 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 c. A CI Zone may seek higher than Abutting successional Transect Zoning through the process of Special Area Plan. d. Adjustments to Building Disposition Requirements, with the exception of Setbacks, shall be al- lowed by process of Waiver. 5.7.2.5 The expansion of any existing Civic Institution Use by less than twenty percent (20%) may be per- mitted By Right. 5.7.2.6 In the event that a Civic Institution Zone ceases to be used for Civic Institution Uses, it shall be de- veloped either in accordance with the regulations of the most restrictive Abutting Transect Zone or by process of rezoning, subject to the limitations of the Comprehensive Plan. 5.8 CIVIC INSTITUTION ZONES — HEALTH DISTRICT (CI -HD) a. All Development in the CI -HD zone for a structure that exceeds ten thousand dollars ($10,000.00) in cost and affects the Scale of the street or block front, or that affects the location, relocation or enlargement of vehicular ways or parking areas outside public Rights -of -Way shall be approved by Warrant except that any Development exceeding the following thresholds shall be approved by Exception. 1. Development involving in excess of five hundred thousand (500,000) square feet of Floor Area excluding parking and loading. 2. For hospital buildings, any development in excess of eight hundred thousand (800,000) square feet of Floor Area excluding parking and loading. 3. Any single use or combination of uses requiring or proposing to provide in excess of a net increase of one thousand (1,000) off-street parking spaces. 5.8.1 Building Disposition (CI -HD) a. Newly platted Lots shall be dimensioned according to Illustration 5.8. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.8. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.8. A CI -HD lot may have more than one building. d. Principal pedestrian entrances shall generally be along Principal Frontages and vehicular en- trances on streets of less intensity. e. It is recommended that Facades be built parallel to the Principal Frontage Line. f. It is recommended at the first Story, Facades along a Frontage Line have frequent doors and windows. g. Setbacks for Buildings shall be as shown in Illustration 5.8. Frontage Setbacks may be adjusted V.44 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES to conform to the ground level dominant Setback of the existing neighborhood or existing thor- oughfare Frontage Setbacks by Waiver. h. It is recommended that above the eighth floor, minimum Building spacing be sixty (60) feet. i. Public access to public plazas and walkways shall be provided and pedestrian walkway connec- tions shall be provided between parallel public streets. 5.8.2 Building Configuration (CI -HD) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.8. b. It is recommended that above the eighth floor, the Building Floorplate dimensions be limited as follows: 1. 15,000 square feet maximum for Residential Uses 2. 30,000 square feet maximum for Commercial Uses and for parking 3. 180 feet maximum length for Residential Uses 4. 215 feet maximum length for Commercial Uses Civil Support and Educational Uses within the CI -HD Transect Zone shall have no maximum Floor - plate dimensions. c. Encroachments may 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 portions of balconies, bay windows, and roofs may encroach up to three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. At the Second Layer no encroachments are permitted, except that facade components promoting en- ergy efficiency such as shading and Screening devices that are non -accessible may encroach a maximum of three (3) feet. d. It is recommended that Galleries and Arcades be a minimum of fifteen (15) feet deep. e. It is recommended that all ground floor and rooftop utility infrastructure, outdoor storage, elec- trical, plumbing, mechanical, and communications equipment and appurtenant enclosures be concealed from view from any Frontage or Sidewalk. f. It is recommended that Loading space and service areas be internal to the building or situated and screened from view to the street and adjacent properties. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be al- located as required in Illustration 5.8. First -Floor Elevation should be at average Sidewalk grade. h. Within the Second and Third Layers, Fences and walls shall not exceed a Height of eight (8) feet. Major Facilities requiring additional Fence or wall Height may be permitted by Waiver, subject to the Planning Director's agreement that the applicant has demonstrated that the Use specifically requires the proposed additional Height. V.45 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.8.3 Building Function & Density (CI -HD) a. Buildings in CI -HD shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.8. Consult Article 6 for any supplemental regulations. b. Uses additional to those listed in Article IV, Table 3 are allowed only if they are customarily acces- sory and clearly incidental to the university, hospital, research facility or governmentally owned facilities within the CI -HD Transect Zone. These accessory uses need not occur in Ancillary structures but can occur throughout the zone. These accessory uses include, but are not limited to, storage facilities; laundry or cleaning facilities; incinerator facilities; and other uses related to the operation of the university, hospital, research facility or governmentally owned facilities of the zone. c. The calculation of the FLR shall not apply to that portion of the Building that is entirely below base flood elevation. 5.8.4 Parking Standards (CI -HD) a. Vehicular parking and loading shall be required as shown in Article 4, Table 4 and loading shall be required as shown in Article 4, Table 5. All parking spaces available throughout the district under a single ownership or as a shared component between more than one owner shall be applicable towards satisfaction of the parking requirements. The computation of parking requirements for new permits shall be calculated as follows: 1. The Floor Area of all Buildings, excluding parking, within the Zone shall be added to that of the proposed structure. 2. The ratio shown in Article 4, Table 4 shall be applied to the resulting figure to obtain the total number of parking spaces required within the Zone. 3. The total number of parking spaces within the Zone shall be deducted from the total number of required parking spaces. The result shall be the number of parking spaces that must be provided in connection with the new structure. 4. All handicapped parking spaces available throughout the Zone shall be counted in satisfac- tion of the handicapped requirements for all Buildings. b. Warrants for buildings that share parking shall be approved only if the owner or owners continu- ously maintain, on file with the Planning Department, a master plan designating: the location and number of all present and future parking spaces, together with the location and floor area of all present and proposed Buildings; the location and number of access drives to public streets; internal and merging traffic and circulation; the painted or curbed separation of vehicular and pedestrian traffic; and the arrangement and circulation of parking areas. Materials to be sub- mitted with applications for Warrants shall include such site plans, landscaping plans, Building elevations, surveys, and such reports and surveys detailing: 1. Hourly/Daily parking utilization throughout the district; V.46 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 2. Direction of approach; 3. Vehicle Occupancy; 4. Ridership surveys; 5. Shuttle bus/taxi utilization; and 6. Metrorail/Metrobus utilization. c. On -street parking available throughout the District shall not be counted toward the parking re- quirement of the Building on the Lot. d. Parking should be accessed from the Secondary Frontage when available. Where Lots have only Principal Frontages, parking may be accessed from the Principal Frontages. e. It is recommended that Offstreet parking and loading be within enclosed structures which shall either be underground or, if aboveground, shall be designed to provide a minimal visual impact, well integrated with the principal structures. Unenclosed vehicular parking and loading in any location visible from a public street shall be appropriately screened from surrounding rights -of - way. f. It is recommended that the vehicular entrance of a parking Lot or garage on a Frontage be no wider than thirty (30) feet and the minimum distance between vehicular entrances should be sixty (60) feet. 5.8.5 Architectural Standards (CI -HD) a. Temporary structures shall be allowed as per City Code. b. It is recommended that the Facades on Retail Frontages be detailed as storefronts and glazed with clear glass no less than seventy percent (70%) of the Sidewalk -level Story. c. It is recommended that Roof materials be light-colored, high Albedo or a planted surface. d. It is recommended that the Facade of a parking garage that is not concealed behind a Habit- able Liner be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. It is recommended that Ramping be internalized wherever possible. e. Rooftop parking or mechanical equipment and utility service areas visible from nearby Buildings shall be screened with landscape or architectural materials. 5.8.6 Landscape Standards (CI -HD) 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. b. Open Space shall be a minimum ten percent (10%) of the total Lot area. V.47 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.8.7 Ambient Standards (CI -HD) a. Noise regulations shall be as established in the City Code. b. It is recommended that lighting of building and contingent Open Spaces be compatible with street lighting of Abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures should not be visible from streets. c. It is recommended that the lighting fixtures of exposed rooftop parking be concealed by a parapet wall and should not be seen from surrounding streets. V.48 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 ILLUSTRATION 5.8 INSTITUTION ZONE - HEALTH DISTRICT ZONES (CI -HD) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION a. Lot Area 10,000 s.f. min. b. Lot Width 50 ft min. c. Lot Coverage 80% max. d. Floor Lot Ratio (FLR) 8 e. Frontage at front Setback N/A f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8Th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8Th Story c. Side 0 ft. min.; 30 ft. min. above 8' Story d. Rear 0 ft. min., 30 ft. min. above 8' Story * Setbacks above the eighth (8 h) Story are encouraged, not required. BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted 9. Gallery permitted h. Arcade permitted BUILDING HEIGHT a. Min. Height 1 Stories b. Max. Height As regulated by the F.A.A. r r _do F t_._. i rr 1 rl 2U min. Ym•1 A1el . T layer 0' nil ., 3R mh. 1 s1 Erd 3rd Layer Layer Layer BUILDING HEIGHT FAA. HeIgM 9 37 min. r 8 2 9 5 4 3 hail i• ram[ ! 2 0 nil ABLITING SICE 8 FEAR PLLZONES E1GCBTT5 TI 11.T3 Layer V.49 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.50 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 5.9 DISTRICT ZONES (D1 and D2) 5.9.1 Building Disposition (D) a. Newly platted Lots shall be dimensioned according to Illustration 5.9. b. Lot coverage by Buildings shall not exceed that shown in Illustration 5.9. 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. 5.9.2 Building Configuration (D) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.9. 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; cantilevered portions of balconies, bay windows, and roofs shall be a maximum three (3) feet deep and may encroach up to a three (3) feet depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. At the Second Layer no Encroachments are permitted except that Facade components promoting energy efficiency such as shading and screening devices that are non -accessible may encroach a maximum of three (3) feet. c. Galleries and Arcades shall be a minimum fifteen (15) feet deep and may encroach up to one hundred percent (100%) of the depth of the Setback and may be required as a part of a Special Area Plan. d. All storage, utility and infrastructure elements including service areas, Loading space, transform- ers, telephone boxes, garbage cans, dumpsters, condensers, meters, backflow preventers, sia- mese connections and the like shall be located within the Second or Third Layer and concealed from view from any Frontage or sidewalk by Streetscreens, and opaque gates. Loading and service entries shall be accessed from Alleys when available. e. Vehicular entries, Loading space and service areas shall be permitted on Principal Frontages. f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be allocated as required in Illustration 5.9. Industrial uses requiring additional Height in D2 may be permitted by Waiver, subject to the Planning Director's agreement that the applicant has dem- onstrated that the use specifically requires the proposed Height. g. Flat roofs shall be enclosed by parapets of a minimum Height required to conceal mechanical equipment. Other ornamental Building features may extend up to three and a half (3.5) feet above the maximum Building Height. Roof decks shall be permitted up to the maximum Height. V.51 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 Trellises may extend above the maximum Height up to eight (8) feet. Extensions above the maximum Height for stair, elevator and mechanical enclosures or ornamental purposes only shall be permitted by process of Waiver. h. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height. The Streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger than neces- sary to allow automobile and pedestrian access. 5.9.3 Building Function & Density (D) a. Buildings in Districts shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.9 and Article 6. 5.9.4 Parking Standards (D) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. All parking, including open parking areas, covered parking, garages, loading docks and service areas shall be masked from the Frontage by a Streetscreen as illustrated in Article 4, Table 8. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the Sidewalk. d. Buildings mixing uses shall provide parking required for each use. Shared Parking shall be cal- culated according to Article 4, Table 5. 5.9.5 Architectural Standards (D) a. Temporary structures shall be permitted only as per City Code. b. Roof materials should be light-colored, high Albedo or a planted surface. 5.9.6 Landscape Standards (D) a. The First Layer as shown in Article 4, Table 6 shall be paved and landscaped to match the Public Frontage as shown in Article 8, Table B. b. Unpaved Open Space shall be a minimum five percent (5%) of the Lot Area. 5.9.7 Ambient Standards (D) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 1.0 fc (foot-candles). V. 52 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES c. Lighting of Building and Abutting 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 exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. V.53 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.54 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.9 DISTRICT ZONES - WORK PLACE (D1) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION a. Lot Area 5,000 s.f. min., 40,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage 80% max. d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback None f. Open Space 5 % Lot Area min. 9. Density 36 dulac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T5 0 ft. min. 1s'through 51" Story 10 ft. min. above 51" Story 30 ft. min. above 51- Story Abutting Side or Rear T4 6ft. min. 1s'through 3rdStory 26 ft. min. above 3'" Story Abutting Side or Rear T3 10 % of Lot depth" min. 1s'through 21tl Story 26 ft. min. above 3'" Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height None b. Max. Height 8 Stories c. Max. Benefit Height 2 Stories Abutting all Transects Zones except T3 Cnrrer Ld • IntenorLct • §srcndlryFrut 19''mh. 10 min. a rrin. I LL, pi r ►r ►r ► 1st 2nd ad layer hyer layer I a 2nd 8 Layer 3d mh. (Uri n PARKING PLACEMENT ■ 10 mh. Layer Cana Ld 2nd83d 17mh. Layer Into old ■ 0' rill 1st 2nd 3rd layer layer lever BUILDING HEIGHT Matt i Bend' r-- EBbM F Height i H 10 ■ 7 6 4 J 3 2 dmin. H 1 1BIJrTI%SIDE &REAR ALL 20NESKEPT TNT4&T3 10 7 a' min. 5 L 3 2 1 6min. ►--tr AMITTIM2 SIDE 3 t€RB74 3 7 r 10 1 7 rr 10'rrin 4 D' Tin 1 MUTING SIDE 6 REAP T5 5 3 2 lad La1 1 ABIJr ll9 SIDED REAR 10 '10% of Lot depth for Lots more than 120' deep 6' min for Lots less than 120' deep V.55 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.56 MIAMI 21 AS ADOPTED - JANUARY 2018 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. 6. Lot Width 50 ft min. c. Lot Coverage 90% max. d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback None f. Open Space 5 % Lot Area min. 9. Density N/A BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 5 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T5 0 ft. min. 1st through 5'h Story 10 ft. min. above 5'h Story 30 ft. min. above 5r Story Abutting Side or Rear T4 6 ft. min. 1st through 3rd Story 26 ft. min. above 3'd Story Abutting Side or Rear T3 10 % of Lot depth" min. 1s'through 2nd Story 26 ft. min. above 3'd Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height None 6. Max. Height 8 Stories max. c. Max. Benefit Height N/A ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.9 DISTRICT ZONES - INDUSTRIAL (D2) BUILDING PLACEMENT Games Lot Interim Lnt ■ • ,Sesenday_FrEaL_._._._. 01 • + lamh 0 min. ■ 1st aid layer layer PARKING PLACEMENT ■ Comer Lot Herd Ld ■ ssendayFrcr¢ ___._. i I — min. • ill n1n. pmh 1st 2nd 9d ever layer layer BUILDING HEIGHT Met Alt 1Layer N1d �3d Layer a 7 d 5 4 3 2 amn.►► 1 3 111 mn■H4 5 4 0 min. A UTTIG SIDE 6 REAR ALL ZONES IECEPTT5,i4&T3 ABUTTING 61EIE0REAR T6 S 6 28mh 3 0min. ■ �f 1 T MUTING SIDE 0 REAR T4 23' min. 2 10eoff.o1depth" r--ir 11 ABUTTING SIDE 6 REART3 "10%of Lot depth far Lots mare than 120' deep 5' min for Lots less than 120' deep V. 57 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.58 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 5.10 WATERFRONT INDUSTRIAL DISTRICT ZONES (D3) 5.10.1 Building Disposition (D3) a. Newly platted Lots shall be dimensioned according to Illustration 5.10. b. Lot coverage by Building shall not exceed that shown in Illustration 5.10. c. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.10. d. One or more Buildings may be built on each Lot as shown in Illustration 5.10. e. Setbacks for Buildings shall be as shown in Article 4, Table 2 and Illustration 5.10. 5.10.2 Building Configuration (D3) a. Development within Private Frontages shall comply with Tables 2 and 6 and Illustration 5.10. 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; cantilevered balconies, bay windows, and roofs may encroach up to a three (3) feet depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. At the Second Layer no encroachments are permitted except that Facade components promoting energy efficiency such as shading and screening devices that are non -accessible may Encroach a maximum of three (3) feet. c. Galleries and Arcades shall be a minimum fifteen (15) feet deep and may encroach up to one hundred percent (100%) of the depth of the Setback and may be required as a part of a Special Area Plan. d. Except for the Waterfront Frontage, all storage, utility and infrastructure elements including service areas, Loading space, transformers, telephone boxes, garbage cans, dumpsters, condensers, meters, backflow preventers, siamese connections and the like shall be located within the Second or Third Layer and concealed from view from any Frontage or Sidewalk by Streetscreens, and opaque gates. Loading and service entries shall be accessed from Alleys when available. e. Vehicular entries, Loading space and service areas shall be permitted on Principal Frontages. f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be allocated as required in Illustration 5.10. Industrial uses requiring additional Height in D3 may be permitted by Waiver, subject to the Planning Director's agreement that the applicant has demonstrated that the use specifically requires the proposed Height. g. Mechanical equipment on a roof shall be enclosed by parapets of a minimum Height required to conceal mechanical equipment. Other ornamental Building features may extend 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 above the maximum Height V.59 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 for stair, elevator and mechanical enclosures or ornamental purposes only shall be permitted by process of Waiver. h. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height. The Streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger than neces- sary to allow automobile and pedestrian access. i. Parking, loading, service, utility, and storage areas and uses shall be screened from view of abut- ting zoning districts (other than D1 and D2 Zones), including shade trees spaced a minimum of thirty (30) feet on center. Screening shall not be required along the waterfront. 5.10.3 Building Function & Density (D3) a. Buildings in Districts shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Illustration 5.10 and Article 6. 5.10.4 Parking Standards (D3) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. All parking, including open parking areas, covered parking, garages, Loading spaces and service areas shall be masked from the Frontage by a Streetscreen as illustrated in Article 4, Table 8. 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. d. Buildings mixing uses shall provide parking required for each Use. Shared Parking shall be calculated according to Article 4, Table 5. 5.10.5 Architectural Standards (D3) a. Temporary structures shall be permitted only as per City Code. b. Roof materials should be light-colored, high Albedo or a planted surface. 5.10.6 Landscape Standards (D3) 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 green space shall be a minimum five percent (5%) of the total Lot Area. 5.10.7 Ambient Standards (D3) V.60 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 1.0 fc (foot-candles). c. Lighting of Building and Abutting Open Spaces shall be compatible with street lighting ofAbutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. d. The lighting fixtures of exposed rooftop parking shall be concealed by a parapet wall and shall not be seen from surrounding streets. V.61 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.62 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 ILLUSTRATION 5.10 DISTRICT ZONES - WATERFRONT INDUSTRIAL (D3) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 10,000 s.f. min. 6. Lot Width 100 ft min. c. Lot Coverage 90 % max. d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback None f. Open Space 5% Lot Area min. 9. Density N/A BUILDING SETBACK* a. Principal Front 5 ft. min. b. Secondary Front 5 ft. min. c. Side 0 ft. min. or abutting zone d. Rear 0 ft. min. or abutting zone e. Abutting Side or Rear T5 & T6 10 ft. min. 1st through 6'h Story 30 ft. min. above 6" Story Abutting Side or Rear T4 6 ft. min. 1st through 3rd Story 26 ft. min. above 3rd Story Abutting Side or Rear T3 6 ft. min. 1st through 2otl Story 26 ft. min. above 3rd Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted f. Shopfront permitted 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height None 6. Max. Height 8 Stories max. c. Max. Benefit Height N/A *Please see Article 3, Section 3.11 for additional Waterfront Setbacks regulations. BUILDING PLACEMENT Inlerhr Lct PiczatrimiL —T Li EL I. '� 2nd 5rd far far 5mh. ■ 0mh.� 1st mil.Leer ad&ard mit. Layer PARKING PLACEMENT Cana rLot� Inlerhr Lct i 3 mh. I 5 nih. T PL Ei mh►� 2mh. .0mh 1st 8nd lisisr aver BUILDING HEIGHT Max Hokin ard tLda}er 2nd & 3rd 1-416 5 d a anrdn.� 18 min.► 1 2 2 0 min. N 1 ABUTTING SIDE & PEP1 ALL ZONES -EXCEPT It Ix. T4 & T3 8 26'min . 15 14 {a 2 t min. ABUTTING SIDE & REAR T5 &TB 28 rnin. 2 pnln. ABJTTINGSIDE &PEAKY§ P8LTING BIDE & REAR T8 V.63 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. V.64 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 6.1 INTENT AND EXCLUSIONS VI.5 TABLE 13 SUPPLEMENTAL REGULATIONS VI.6 6.2 COMMUNITY RESIDENCES AND SIMILAR HOMES/FACILITIES VI.22 6.3 COMMERCIAL USES VI.23 6.4 INFRASTRUCTURE AND UTILITIES VI.29 6.5 INDUSTRIAL VI.32 VI.1 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS Amendments to Article 6 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13176 05-13-2010 D1 Density 10-00361zt 13177 05-23-2010 "Green" ordinances carried into Miami 21 10-00519 13235 11-18-2010 Minor and non -substantial modifications through- out the Code 10-00956zt 13238 12-16-2010 Requirements for sheds and other structures; loading berth substitutions; requirements for child are facilities; requirements for public and commercial storage facilities; distance separa- tion requirements forALF's; distance separation requirements for uses and structures 10-00963zt 13241 12-16-2010 Required process for large-scale commercial establishments 10-00969zt 13243 12-16-2010 Requirements and limitations for freestanding signs, painted wall signs, establish regulations for CI -HD and D3 10-00971zt 13260 03-24-2011 Adding an exception process for extensions of dock or piers 11-00018zt 13282 07-28-2011 Modifications to drive-in and drive -through regula- tions in T4 11-00584zt 13281 07-28-2011 Regional Activity Complex permissibility and sign regulations in T4 11-00588zt 13307 01-26-2012 Public Storage Facilities modifications 11-00875zt 13464 05-22-2014 Sign Regulations Amendment 12-00941zt1 13485 09-29-2014 Update to Regional Activity Complex language 14-00664zt 13494 01-22-2015 Update to Live Work language on Table 13 14-01074zt 13541 07-23-2015 Deleting, Striking and Repealing Media Tower Language 15-00778zt 13641 10-13-2016 Creation of concrete batching supplemental regulations 1058 13653 12-08-2016 Microbrewery definition and supplemental regula- tions 1231 13673 03-23-2017 Crew Quarters definition and supplemental regulations 1233 13674 03-23-2017 Public storage facility regulations for T5 - Urban Center Zone and T6 - Urban Core Zone 1131 13729 12-14-2017 Micro dwelling units defintions, and residential density intensity and parking requirements 3108 13743 01-25-2018 Alcohol Service Establishment, Food Service Establishment, and supplemental regulations 1972 VI.3 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 6.1 INTENT AND EXCLUSIONS The supplemental regulations of this article apply to the specific uses listed below within the broader Use categories identified in Article 4, Table 3 and Article 5. These regulations supplement other standards listed elsewhere in this code. No permit or Certificate of Use may be granted for any Use, unless the Use complies with the requirements of these supplemental regulations and any other applicable stan- dards of the Miami 21 Code. Specifically excluded from all Transect Zones in the City are stockyards, slaughterhouses, wrecking yards, rag shops, cement plants, paper factories, ammunition plants, fireworks manufacturing, house barges, refining, smelting, forging, and unattended donation collection bins. The regulations of Article 6, Table 13 are arranged by Transect Zone and in the same order in which they appear in Article 4, Table 3. These regulations may be further supplemented by Article 6, Sections 6.2 to 6.4. When calculating distance separation requirements, measurement shall be made from the nearest point of the Lot of the existing facility, Use, or Structure to the nearest point of the Lot of the proposed facility, Use, or Structure. A blank cell in Table 13 signifies that the Use is prohibited. VI.5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS T3 - SUB -URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 9 UNITS PER ACRE 9 UNITS PER ACRE 18 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. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. ANCILLARY UNIT Maximum size of unit 450 square feet excluding garage. Shall only be used as Single -Family Residence dwelling. May only be rented if the principal dwelling owner is in residence on site. Unit Structure shall be architecturally harmonious with the Principal Building. Any Facade abutting another property shall provide only clerestory windows along that corresponding Facade. Prohibited as a third unit. BOATS HOUSEBOAT HOUSE BARGE Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adapted October 24, 1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adapted October 24, 1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted October 24, 1991. BOAT HOUSE Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. BOAT SLIP Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% DOCKS PIERS Extension of docks or Piers into Biscayne Bay are limited to 35 feet . Further extension of docks or Piers into Biscayne Bay permitted by Exception, when required by applicable agency. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Further extensions permitted by Exception, when required by applicable agency. Only private pleasure craft may be docked or moored. Dock/ Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks or Piers into Biscayne Bay are limited to 35 feet . Further extension of docks or Piers into Biscayne Bay permitted by Exception, when required by applicable agency. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Further extensions permitted by Exception, when required by applicable agency. Only private pleasure craft may be docked or moored. Dock/ Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks or Piers into Biscayne Bay are limited to 35 feet . Further extension of docks or Piers into Biscayne Bay permitted by Exception, when required by applicable agency. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Furtherextensions permitted by Exception, when required by applicable agency. Only private pleasure craft may be docked or moored. Dock/ Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. COMMUNITY RESIDENCES 1-6 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. COMMUNITY RESIDENCES 7-14 RESIDENTS Prohibited within 500 feet of any T3-R or T3-L. Subject to the requirements of Section 6.2. ADULT FAMILY CARE HOME 1-5-RESIDENTS Prohibited within 1000 feet of another such residence. Subject to the requirements of Section 6.2. Prohibited within 1000 feet of another such residence. Subject to the requirements of Section 6.2. Prohibited within 1000 feet of another such residence. Subject to the requirements of Section 6.2. VI.6 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T3 - SUB -URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 9 UNITS PER ACRE 9 UNITS PER ACRE 18 UNITS PER ACRE HOME OFFICE Shall be located wholly within Dwelling Unit. Shall be located wholly within Dwelling Unit. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of Maximum size of Home Office shall be 25% of the size of Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. the Dwelling Unit based on county property records. the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non- Home Occupations limited to individual tutoring; non- Home Occupations limited to individual tutoring; non - amplified individual instrument instruction; authors and amplified individual instrument instruction; authors and amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors; and composers; artists; designers; seamstresses; tailors; and composers; artists; designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical uses similar in impact. Office uses, excluding medical uses similar in impact. Office uses; excluding medical and dental offices. and dental offices. and dental offices. Maximum of one client at a time. Maximum of one client at a time. Maximum of one client at a time. Maximum of two staff members, one of which must Maximum of two staff members, one of which must Maximum of two staff members, one of which must reside on premises. reside on premises. reside on premises. Hours of operation limited to Monday through Saturday Hours of operation limited to Monday through Saturday Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. 8:00 AM to 6 PM. 8:00 AM to 6 PM. No equipment or process shall be used which creates No equipment or process shall be used which creates No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable undue noise, vibration, glare, fumes, or odors detectable undue noise; vibration, glare, fumes, or odors detectable to normal senses off the property. to normal senses off the property. to normal senses off the property. Certificate of Use required. Certificate of Use required. Certificate of Use required. PERSONAL WIRELESS Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. FACILITY VI MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PERACRE DWELLING UNIT Efficiency Dwelling Unit: 400 square feet min. Efficiency Dwelling Unit: 400 square feet min. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. One bedroom Dwelling Unit: 550 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Two bedroom Dwelling Unit: 550 square feet min. BOATS Occupancy of private pleasure crafts and houseboats Occupancy of private pleasure crafts and houseboats Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those or house barges shall not be allowed except for those or house barges shall not be allowed except for those HOUSEBOAT specifically grandfathered and regulated by Ordinance specifically grandfathered and regulated by Ordinance specifically grandfathered and regulated by Ordinance HOUSE BARGE #10932, adopted October 24, 1991. #10932, adopted October 24, 1991. #10932, adopted October 24, 1991. BOAT HOUSE Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. BOAT SLIP Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% DOCKS PIERS Extension of docks or Piers into Biscayne Bay are limited to 35 feet . Further extension of docks or Piers into Biscayne Bay permitted by Exception, when required by applicable agency. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Fu rtherextensions permitted by Exception, when required by applicable agency. Only private pleasure craft may be docked or moored on property adjacent to T3-R, T4-R, TSR, T6-R. Dock/ Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks or Piers into Biscayne Bay are limited to 35 feet . Further extension of docks or Piers into Biscayne Bay permitted by Exception, when required by applicable agency. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Further extensions permitted by Exception, when req ui red by applicable agency. Only private pleasure craft may be docked or moored on property adjacent to T3-R, T4-R, T5-R, T6-R. Dock/ Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks or Piers into Biscayne Bay are limited to 35 feet . Further extension of docks or Piers into Biscayne Bay permitted by Exception, when required by applicable agency. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Further extensions permitted by Exception, when required by applicable agency. Only private pleasure craft may be docked or moored on property adjacent to T3-R, T4-R, T5-R, T6-R. Dock/ Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. COMMUNITY RESIDENCES 1-6 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. COMMUNITY RESIDENCES 7-14 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. ADULT FAMILY CARE HOME 1-5 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. VI.8 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE HOME OFFICE Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non- amplified individual instrument instruction; authors and composers;artists;designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non- amplified individual instrument instruction; authors and composers;artists; designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside an premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise, vibration; glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non - amplified individual instrument instruction; authors and composers;artists;designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. LIVE WORK Shall be located within ground floor or Liner units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration; glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located within ground floor or Liner units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration; glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. BED AND BREAKFAST Subject to City Code Chapter 23. DRIVE -THROUGH AND DRIVE-IN May only be permitted by Warrant. Available only when site's Primary Frontage is along a County designated primary arterial road. Whenever possible, all ingress and egress to and from the site shall be from a County designated primary arterial road. Principal Frontage access may be allowed. Reservoir parking spaces shall be required as follows: One (1) at window, three (3) before service window, one (1) after service window. ADULT DAYCARE For 6 to 9 adults: Minimum of 350 sq feet of indoor activity area. For 6 to 9 adults: Minimum of 350 sq feet of indoor activity area. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 5.4. CHILDCARE For 6 to 10 children maximum: Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. For 6 to 10 children maximum: Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. For 6 to 10 children maximum: Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. VI.9 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE* 65 UNITS PER ACRE* 65 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. Micro Dwelling Unit: 275 square feet min. Only permitted within a TOD area. Permitted by Warrant. Prohibited on a Lot Abutting T3. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Micro Dwelling Unit: 275 square feet min. Only permitted within a TOD area. Permitted by Warrant. Prohibited on a Lot Abutting T3. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. BOATS HOUSEBOAT HOUSE BARGE Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adapted 10-24-1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted 10-24-1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted 10-24-1991. BOAT HOUSE Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. BOAT SLIP Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% DOCKS PIERS Extension of docks and Piers into Biscayne Bay are limited to 35 feet However, by Exception a 500 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Only private pleasure crafts may be docked or moored on property adjacent to T3-R, T4-R, T5-R, T6-R. Dock / Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks and Piers into Biscayne Bay are limited to 35 feet However, by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Only private pleasure craft may be docked or moored on property adjacent to T3-R, T4-R, T5-R, T6-R. Dock / Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks and Piers into Biscayne Bay are limited to 35 feet However, by Exception a 500 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Only private pleasure craft may be docked or moored on property adjacent to T3-R, T4-R, T5-R, TO-R. Dock / Pier Setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. COMMUNITY RESIDENCES 1-6 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. COMMUNITY RESIDENCES 7-14 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. ADULT FAMILY CARE HOME 1-5 RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. HOME OFFICE Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Office occupations limited to individual tutoring; non -amplified individual instrument instruction; authors and composers;artists; designers; seamstresses; tailors; Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Office occupations limited to individual tutoring; non -amplified individual instrument instruction; authors and composers;artists; designers; seamstresses; tailors; Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be25% of the size of the Dwelling Unit based on county property records. Home Office occupations limited to individual tutoring; non -amplified individual instrument instruction; authors and composers;artists; designers; seamstresses; tailors; Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Or as modified in Article 4, Diagram 9 VI.10 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE * 65 UNITS PER ACRE* 65 UNITS PER ACRE* LIVE WORK Shall be located within ground floor or Liner units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located within ground floor or Liner units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. AUTO RELATED COMMERCIAL Car Wash: Subject to City Code Chapter 23 Self-service, semiautomatic, and automatic dragline shall provide for each of the first 3 wash stalls, 3 parking reservoir spaces before and 3 after. Beyond 3 stalls, 1 parking reservoir spaces before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Subject to City Code Chapter 23 Principal Frontage access may be allowed. Frontage requirement may be reduced maximum 30% by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires, greasing/lubricating shall be conducted within building. Outdoor display of products incidental to normal refueling is prohibited closer to the street than pump islands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article 4 Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10,000 square feet of Floor Area and 1 space for each additional 500 square feet . In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff member and 1 space for each 8 vehicles stored on the premises. All access to site shall be from a County designated primary arterial road. Building designated for customer service must be located where it is easily accessible from site access point. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. DRIVE -THROUGH AND DRIVE-IN Reservoir parking spaces shall be required as follows: One (1) at window, three (3) before service window, one (1) after service window. One (1) reservoir parking space may be reduced by Waiver. Or as modified in Article 4, Diagram 9 VI.11 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE* 65 UNITS PER ACRE* 65 UNITS PER ACRE* PUBLIC STORAGE FACILITY Allowed by Warrant and subject to the following additional requirements: Minimum distance requirement of 2,500 feet radius between proposed facility and another existing facility within any T5 or T6 Zone. Waiver for reduction in distance requirement is not permissible. Public Storage Facilities shall have ground floor retail along principal frontage. A minimum of 50 % of the proposed ground floor retail shall be unrelated to the Public Storage Facility. The maximum size of any individual storage rental space shall be 400 square feet Controlled access and adequate security surveillance shall be provided throughout facility. Any boat or vehicle stored in these facilities shall not exceed an overall length of 25 feet and shall be stored within a completely enclosed and ventilated Structure. Hoursofoperation shall be limited to 5:00 am to 11:00 pm. OPEN AIR RETAIL Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekends and legal holidays for a maximum of 3 consecutive days between the hours of 7:00 AM and 7:00 PM. Provision of paving striping for stalls and parking spaces. Provision of onsite restroom facilities. Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekends and legal holidays for a maximum of 3 consecutive days between the hours of 7:00 AM and 7:00 PM. Provision of paving striping for stalls and parking spaces. Provision of onsite restroom facilities. ADULT DAYCARE For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. COMMUNITY SUPPORT FACILITY Assisted Living Facilities: Allowed by Exception and are subject to the following additional requirements: Maximum number of residents 50. Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1,000 feet between proposed Facility or Assisted Living Facility and any T3 or T4-R Zone. Assisted Living Facilities: Allowed by Exception and are subject to the following additional requirements: Maximum number of residents 50. Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4-R Zone. Assisted Living Facilities: Allowed by Exception and are subject to the following additional requirements: Maximum number of residents 50. Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4-R Zone. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. CHILDCARE Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet of arterial road. Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet of arterial road. Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet of arterial road. * Or as modified in Article 4, Diagram 9 VI.12 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PERACRE * 150 —1,000 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. Micro Dwelling Unit: 275square feet min. Only permitted within a TOD area. Permitted by Warrant. Prohibited on a Lot Abutting T3. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Micro Dwelling Unit: 275 square feet min. Only permitted within a TOD area. Permitted by Warrant. Prohibited on a Lot Abutting T3. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. BOATS HOUSEBOAT HOUSE BARGE Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted 10-24-1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adapted 10-24-1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted 10-24-1991. BOAT HOUSE Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. Maximum size: 20 feet wide, 40 feet long, 15 feet high. BOAT SLIP Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% Maximum coverage of waterfront setback: 35% DOCKS PIERS Extension of docks and Piers into Biscayne Bay are limited to 35 feet However, by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10 % of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Only private pleasure craft may be docked or moored on property Adjacent to T3-R, T4-R, T5-R, T6-R. Dock/ Pier setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 tan capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks and Piers into Biscayne Bay are limited to 35 feet However, by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10 % of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Only private pleasure craft may be docked or moored on property Adjacent to T3-R, T4-R, T5-R, T6-R. Dock/ Pier setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. Extension of docks and Piers into Biscayne Bay are limited to 35 feet However, by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extensionofdocks and Piers intootherwaterways is limited to 10 feet or 10 % of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approvalfrom all applicableagencies. Only private pleasure craft may be docked or moored on property Adjacent to T3-R, T4-R, T5-R, T6-R. Deck/ Pier setbacks: 10 feet from any Abutting property Vessel setback: 5 feet from any Abutting property. Prohibited uses or appurtenances: davits in excess of 3 ton capacity, commercial vessels, commercial boat ramps, and commercial hauling and fueling. COMMUNITY RESIDENCES 1-6-RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. COMMUNITY RESIDENCES 7-14-RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. ADULT FAMILY CARE HOME 1-5-RESIDENTS Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. Subject to the requirements of Section 6.2. HOME OFFICE Shall be located wholly within Dwelling Unit. Maximum size of home office shall not exceed 25% of the size of the Dwelling Unit based on county property records. Home Office occupations limited to individual tutoring; non -amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors; and uses similarin impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise,vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of home office shall not exceed 25% of the size of the Dwelling Unit based on county property records. Home Office occupations limited to individual tutoring; non -amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors: and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise,vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of home office shall not exceed 25% of the size of the Dwelling Unit based on county property records. Home Office occupations limited to individual tutoring: non -amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors: and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise,vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. * Or as modified in Article 4, Diagram 9 VI.13 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PERACRE* 150-1,000 UNITS PER ACRE* LIVE WORK Shall be located within ground floor or Liner Units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located within ground floor or Liner Units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, oradars detectable to normal senses off the property. Certificate of Use required. AUTO RELATED COMMERCIAL Car Wash: Self-service, semiautomatic, and automatic dragline shall provide for each of the first 3 wash stalls, 3 parking reservoir spaces before and 3 after. Beyond 3 stalls, 1 parking reservoir spaces before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Principal Frontage access may be allowed. Frontage requirement may be reduced maximum 30% by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Trash facilities shall be completely enclosed and shielded from Primary Frontages. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires, greasing/lubricating shall be conducted within building. Outdoor d isplay of products incidental to normal refueling is prohibitedclosertothestreetthanpumpislands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article 4 Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10,000 square feet of Floor Area and 1 space for each additional 500 square feet. In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff and 1 space for each 8 vehicles stored on the premises. All access to site shall be from a County designated primary arterial road. Building designated forcustomerservice must be located where it is easily accessible from site access paint. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. Car Wash: Subject to City Code Chapter 23 Self-service, semiautomatic, and automatic dragline shall provide for each of the first 3 wash stalls, 3 parking reservoir spaces before and 3 after. Beyond 3 stalls, 1 parking reservoir spaces before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Subject to City Code Chapter 23 Principal Frontage access may be allowed. Frontage requirement may be reduced maximum30% by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Trash facilities shall be completely enclosed and shielded from Primary Frontages. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked wh ile working shall be allowed. All repairs, change of tires, greasing/lubricating shall be conducted within building. Outdoordisplay of products incidental to normal refueling is prohibited closer to the street than pump islands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article 4 Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10,000 squarefeetofFloorAreaand 1 spaceforeachadditional 500 square feet. In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff and 1 space for each 8 vehicles stored on the premises. All access to site shall be from a County designated primary arterial road. Building designated for customerservice must be located where it is easily accessible from site access point. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. DRIVE -THROUGH AND DRIVE-IN Reservoir parking spaces shall be required as follows: One (1) at window, three (3) before service window, one (1) after service window. One (1) reservoir parking space may be reduced by Waiver. LARGE SCALE RETAIL Subject to the requirements of Section 6.3. Or as modified in Article 4, Diagram 9 VI.14 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PERACRE* 150-1,000 UNITS PER ACRE* PUBLIC STORAGE FACILITY Allowed by Warrant and subject to the following additional requirements: Minimum distance requirement of 2,500 feet radius between proposed facility and another existing facility within any T5 or T6 Zone. Waiver for reduction in distance requirement is not permissible. Public Storage Facilities shall have ground floor retail along principal frontage. A minimum of 50% of the proposed ground floor retail shall be unrelated to the Public Storage Facility. The maximum size of any individual storage rental space shall be 400 square feet Controlled access and adequate security surveillance shall be provided throughout facility. Any boat or vehicle stored in these facilities shall not exceed an overall length of 25 feet and shall be stored within an enclosed and ventilated Structure. Hours ofoperation shall be limited to 5:00 am to 11:00 pm. OPEN AIR RETAIL Subject to the following additional requirements: Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekends and legal holidays for a maximum of 3 consecutive days between the hours of 7:00 AM and 7:00 PM. Provision of paving striping forstalls and parking spaces. Provision of onsite restroom facilities. Subject to the following additional requirements: Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekends and legal holidays for a maximum of 3 consecutive days between the hours of 7:00 AM and 7:00 PM. Provision of paving striping forstalls and parking spaces. Provision of onsite restroom facilities. ADULT DAYCARE Allowed by Warrant per Article 4 Table 3. For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. Allowed by Warrant per Article 4 Table 3. For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. COMMUNITY SUPPORT FACILITY Assisted Living Facilities: Allowed by Exception -and are subject to the following additional requirements: Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1,000 feet between proposed Facility and any T3 or T4 R Zone. Assisted Living Facilities: Allowed by Exception and are subject to the following additional requirements: Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4-R Zone. Assisted Living Facilities: Allowed by Exception -and are subject to the following additional requirements: Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4-R Zone. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. HELICOPTER LANDING SITE Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: Mayonly be used forthe landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: May only be used for the landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: Mayonly be used forthe landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. * Or as modified in Article 4, Diagram 9 VI.15 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE * 150 —1,000 UNITS PER ACRE* CHILDCARE Minimum of 35 square feet of usable indoor floor space Minimum of 35 square feet of usable indoor floor space Minimum of 35 square feet of usable indoor floor per child on license. per child on license. space per child on license. Minimum of 45 square feet of usable outdoor play area Minimum of 45 square feet of usable outdoor play area Minimum of 45 square feet of usable outdoor play per child. per child. area per child. A minimum outdoor play area shall be provided for one A minimum outdoor play area shall be provided for one A minimum outdoor play area shall be provided for half of license capacity. In no event shall any outdoor half of license capacity. In no event shall any outdoor one half of license capacity. In no event shall any play area be less than 450 square feet. The minimum play area be less than 450 square feet. The minimum outdoor play area be less than 450 square feet. The standard of outdoor play area does not apply for standard of outdoor play area does not apply for minimum standard of outdoor play area does not children under one year of age. children under one year of age. apply for children under one year of age. Minimum of 1 drop off parking space for every 10 Minimum of 1 drop off parking space for every 10 Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet children. Vehicular entrance must be within 300 feet children. Vehicular entrance must be within 300 feet of arterial road. of arterial road. of arterial road. REGIONAL ACTIVITY COMPLEX Regional Activity Complex: Allowed by Exception with City Commission approval and am subject to the following additional requirements: Regional Activity Complexes are not allowed in Transect Zones T6-8 and T6-12. Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4 Zones. Transect regulations pertaining to Building Disposition, and Building Configuration shall be considered referential guidelines for Regional Activity Complexes. Any exemption from these guidelines must comply with the following criteria: 1. exemptions shall be justified by functional requirements connected to the uses proposed; and 2. exemptions shall be reduced to the minimum required to achieve the required functionality; and 3. exemptions in the aggregate shall be evaluated for compliance with the Transect's intent regarding intensity and scale; and 4. exemptions shall be evaluated for compliance with criteria set forth in Article 4, Table 12, as applicable; and 5. specific findings shall be made by the Planning Director regarding the nature and extent of each proposed exemption and said findings shall be contained in the recommendation report for the Exception which ma be considered as substantial and competent evidence b the PZAB and City Commission respectively. VI.16 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 c - CIVIC CS — CIVIC SPACE CI — CIVIC INSTITUTION CI -HD — CIVIC INSTITUTION HEALTH DISTRICT DENSITY (UPA) NIA DENSITY OF ABUTTING ZONE 150 UNITS PER ACRE BOATS HOUSEBOAT HOUSE BARGE Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adapted October 24, 1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted October 24, 1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted October 24, 1991. DOCKS PIERS Extension of docks and Piers into Biscayne Bay are limited to 35 feet. However, by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Extension of docks and Piers into Biscayne Bay are limited to 35 feet. However, by Exception a 600 feet maximum extension of docks and piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Extension of docks and Piers into Biscayne Bay are limited to 35 feet. However, by Exception a 500 feet maximum extension of docks and piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. OPEN AIR RETAIL Subject to the following additional requirements: Access to site must be from a major Thoroughfare. Distance separation of any open air retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekends and legal holidays for a maximum of 3 consecutive days between the hours of 7:00 AM and 7:00 PM. Provision of paving striping for stalls and parking spaces. Provision of on -site restroom facilities. Subject to the following additional requirements: Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zone. Operation limited to weekends and legal holidays for a maximum of 3 consecutive days between the hours of 7:00 AM and 7:00 PM. Provision of paving striping for stalls and parking spaces. Provision of on -site restroom facilities. Subject to the requirements of Section 5.3.4 ADULT DAYCARE For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. COMMUNITY SUPPORT FACILITY Assisted Living Facilities: Allowed by Exception and are subject to the following additional requirements: Minimum distance requirement of 2,500 feet between proposed facility and another existing facility. Minimum distance requirement of 1000 feet between proposed facility and any T3 or T4-R Zone. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 5.4. HELICOPTER LANDING SITE Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: May only be used for the landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R Zones. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: May only be used for the landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R Zones. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: May only be used forthe landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R Zones. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. CHILDCARE Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Vehicular en trance must be within 300 feet of arterial road. Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Vehicular entrance must be within 300 feet of arterial road. MAJOR SPORTS FACILITY Modifications in Setbacks upto a maximum of fifty percent (50%) of the required Setbacks may be approved by Waiver when Liner Uses are provided along parking Structures. Commercial Uses may exceed twenty-five percent (25 % ) of the Building area by Warrant. VI.17 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 c - CIVIC CS — CIVIC SPACE CI — CIVIC INSTITUTION CI -HD — CIVIC INSTITUTION HEALTH DISTRICT DENSITY (UPA) NIA DENSITY OF ABUTTING ZONE 150 UNITS PERACRE REGIONAL ACTIVITY Regional Activity Complex: Allowed by Exception Regional Activity Complex: Allowed by Exception COMPLEX with City Commission approval and are subject to the with City Commission approval and are subject to the following additional requirements: following additional requirements: Regional Activity Complexes are not allowed in Regional Activity Complexes am not allowed in Transect Zones T6-8 and T6-12. Transect Zones T6-8 and T6-12. Minimum distance requirement of 1,000 feet between Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4 Zones. proposed facility and any T3 or T4 Zones. Transect regulations pertaining to Building Disposition, and Building Configuration shall be considered Transect regulations pertaining to Building Disposition, and Building Configuration shall be considered referential guidelines for Regional Activity Complexes. referential guidelines for Regional Activity Complexes. Any exemption from these guidelines must comply with Any exemption from these guidelines must comply the following criteria: with the following criteria: 1. exemptions shall be justified by functional 1. exemptions shall be 'ustified b functional requirements connected to the uses proposed; and requirements connected to the uses proposed; and 2. exemptions shall be reduced to the minimum 2. exemptions shall be reduced to the minimum required to achieve the required functionality; and required to achieve the required functionality; and 3. exemptions in the aggregate shall be evaluated 3, exemptions in the aggregate shall be evaluated for compliance with the Transect's intent regarding for compliance with the Transect's intent regarding intensity and scale; and intensity and scale; and 4. exemptions shall be evaluated for responsiveness 4. exemptions shall be evaluated for compliance with to criteria set forth in Article 4, Table 12, as applicable; criteria set forth in Article 4, Table 12, as applicable; and and 5. specific findings shall be made by the Planning 5. specific findings shall be made by the Planning Director regarding the nature and extent of each Director regarding the nature and extent of each proposed exemption and said findings shall be proposed exemption and said findings shall be contained in the recommendation report for the contained in the recommendation report for the Exception which may be considered as substantial Exception which may be considered as substantial and competent evidence by the PZAB and City and competent evidence by the PZAB and City Commission respectively. Commission respectively. VI.18 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2-INDUSTRIAL I D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA BOATS HOUSEBOAT HOUSE BARGE Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted October 24, 1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted October 24, 1991. Occupancy of private pleasure crafts and houseboats or house barges shall not be allowed except for those specifically grandfathered and regulated by Ordinance #10932, adopted October 24, 1991. DOCKS PIERS Extension of docks and Piers into Biscayne Bay are limited to 35 feet. However, by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Extension docks and Piers into Biscayne Bay are limited to 35 feet. However; by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. Extension docks and Piers into Biscayne Bay are limited to 35 feet. However; by Exception a 600 feet maximum extension of docks and Piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception further extension may be approved, subject to approval from all applicable agencies. WORK LIVE Maximum size of Dwelling shall not exceed 50% of the size of the Structure based on the total size of the Structure. Certificate of Use required. AUTO RELATED INDUSTRIAL Car Wash: Self-service, semiautomatic, and automatic dragline shall provide for each of the fi rst 3 wash stalls, 3 parking reser- voir spaces before and 3 after. Beyond 3 stalls, 1 parking reservoir spaces before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Principal Frontage Access may be allowed. Frontage requirement may be reduced maximum 30% by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Trash facilities shall be completely enclosed and shielded from Primary Frontages. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires, greasingllubricating shall be conducted within building. Outdoor display of products incidental to normal refuel- ing is prohibited closer to the street than pump islands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article4Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10,000 square feet of Floor Area and 1 space for each additional 500 square feet. In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff and 1 space for each 8 vehicles stored on the premises. All access to site must be from a County designated primary arterial road. Building designated forcustomer service must be located where it is easily accessible from site access point. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. Car Wash: Self-service,semiautomatic, and automatic dragline shall provide for each of the first 3 wash stalls, 3 parking reser- voirspaces before and 3 after. Beyond 3 stalls, 1 parking reservoir space before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Principal Frontage Access may be allowed. Frontage requirement may be reduced maximum 30% by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Trash facilities shall be completely enclosed and shielded from Primary Frontages. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires, greasing/lubricating shall be conducted within building. Outdoor display of products incidental to normal refuel- ing is prohibited closer to the street than pump islands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article 4 Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10,000 square feetof Floor Area and 1 space for each additional 500 square feet. In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff and 1 space for each 8 vehicles stored on the premises. All access to site must be from a County designated primary arterial road. Building designated for customerservice must be located where it is easily accessible from site access point. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. Car Wash: Self-service, semiautomatic, and automatic dragline shall provide for each of the first 3 wash stalls, 3 parking reser- voirspaces before and 3 after. Beyond 3 stalls, 1 parking reservoir space before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. VI.19 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2 - INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA ADULT ENTERTAINMENT ESTABLISHMENT A minimum distance of 1,000 feet shall be required from any public park, school, or properly zoned for Residential Use; including such public park or school properties outside City limits or properties zoned residential by the external jurisdiction. The distance shall be measured from the front door of the proposed Adult Entertainment Establishment to the closest property line of the protected Use. Any application shall be accompanied by a survey certified by a land surveyor registered in the State of Florida showing compliance with all minimum distance requirements. Discontinued or abandoned Adult Entertainment Estab- lishments may not resume the use until all requirements of this Code and the City Code are met. No Variances shall be permitted. DRIVE -THROUGH AND DRIVE-IN Reservoir parking spaces shall be required as follows: Minimum reservoir parking spaces required shall be 1 space at window, 3 spaces before service window, and 1 space after service window. One (1) reservoir parking space may be reduced by Waiver. Reservoir parking spaces shall be required as follows: Minimum reservoir parking spaces required shall be 1 space at window, 3 spaces before service window, and 1 space after service window. One (1) reservoir parking space may be reduced by Waiver. May be allowed by Warrant subject to the requirements of Article 6, Section 6.3. Reservoir parking spaces shall be required as follows: Minimum reservoir parking spaces required shall be 1 space at window, 3 spaces before service window, and 1 space after service window. One (1) reservoir parking space may be reduced by Waiver. May be allowed by Warrant subject to the requirements of Article 6, Section 6.3. LARGE SCALE RETAIL Subject to the requirements of Section 6.3. Subject to the requirements of Section 6.3. Subject to the requirements of Section 6.3. OPEN AIR RETAIL Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zones. Provision of paving striping for stalls and parking spaces. Provision of on -site restroom facilities. Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zones. Provision of paving striping for stalls and parking spaces. Provision of on -site restroom facilities. Access to site must be from a major Thoroughfare. Distance separation of any Open Air Retail shall be a minimum of 75 feet measured from any property within T3, T4-R, T5-R, or T6-R Zones. Provision of paving striping for stalls and parking spaces. Provision of on -site restroom facilities. ADULT DAYCARE For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. For 6 to 9 adults: Minimum of 350 square feet of indoor activity area. For 10 or more adults: Minimum of 35 square feet of indoor activity area per adult. COMMUNITY SUPPORT FACILITY Residential Facilities not allowed. Residential Facilities not allowed. Residential Facilities not allowed. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. HELICOPTER LANDING SITE Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: Mayonly be used forthe landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R Zones. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. Helicopterlanding sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: May only be used for the landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling, repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. Helicopter landing sites as regulated by federal and state law may be permitted by Warrant subject to the following additional requirements: May only be used for the landing and takeoff of helicopters dropping off and picking up passengers and cargo, and may not include fueling; repair, or long term parking or storage of helicopters. Unless used for emergency operations (police, fire, and hospital) landings and takeoffs shall be restricted to Monday through Friday from 9:00 AM to 5 PM on parcels Abutting T3, T4, T5-R, and T6-R. Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence. Rooftop sites shall be given priority over ground level sites in congested areas. VI.20 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2 - INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE NIA NIA CHILDCARE Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Veh icularentrance must be within 300 feet of arterial road. INDUSTRIAL USES It is intended that the provision of Industrial Products and Services be permissible, as appropriate, within the D1 Zone. The D1 Zone allows limited Residential Uses and is generally intended to contain light industrial Uses. The D1 Zone generally allows Industrial, Commercial and Office activities which serve the needs of other businesses, may require extensive loading facilities and often benefit from proximity to Industrial areas. This Zone also includes the following Uses: wholesaling, warehousing, light assemblage and distribution and minor repairs and fabrication of materials and equipment. Residential Use is limited. This type of Zone specifically excludes the following activities: • Any uses that involve the manufacturing processing generation or storage of materials that constitute a physical or health hazard in quantities in excess of those found in the Florida Building Code, Section 307 — High - Hazard Group H. It is intended that the provision of Industrial Products and Services be permissible within the D2 Zone. The heavier Industrial Uses are limited to the D2 Zone. Concrete Batch ing Plants may be allowed by Warrant and subject to the requirements of Section 6.5.1. It is intended that the provision of Industrial Products and Services be permissible within the D3 Zone. The heavier Industrial Uses are limited to the D2 Zane. The D3 Zone allows all Industrial activities such as manufacturing, processing, assembly, auto -related and storage activities and restricts activities generating adverse impacts such as such as excessive amounts of noise, fumes, illumination and hazardous wastes. This Zone shall generally be located where directly served by major transportation facilities and shall be buffered from Residential areas. CREW QUARTERS Crew Quarters shall be reviewed by process of Warrant. The proposed Crew Quarters shall receive comments from the Miami River Commission prior to Warrant Final Decision. Crew Quarters shall be reviewed by process of Warrant. The proposed Crew Quarters shall receive comments from the Miami River Commission prior to Warrant Final Decision. Crew Quarters shall be reviewed by process of Warrant. The proposed Crew Quarters shall receive comments from the Miami River Commission prior to Warrant Final Decision. CONTAINER YARDS Container yards and any facilities for the outdoorstorage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically • A 10 to 15 foot high wall Setback a minimum of 10 feet from the Property Line must surround the property. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to prevent light spillover. • Allcrane operations arelimited to daylight hours between 8:00 am and 6:00 pm. • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; street capacity and maneuverability; traffic and negative visual impact. Container yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically • A 10 to 15 foot high wall Setback a minimum of 10 feetfrom the Property Line must surround the property. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to prevent light spillover. • All crane operations are limited to daylight hours between 8:00 am and 6:00 pm. • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; street capacity and maneuverability; traffic and negative visual impact. Container yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically • A10 to 15 foot high wall Setback a minimum of 10 feetfrom the Property Line must surround the property. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to prevent light spillover. • All crane operations are limited to daylight hours between 8:00 am and 6:00 pm. • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; streetcapacity and maneuverability; traffic and negative visual impact. VI.21 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 6.2 COMMUNITY RESIDENCES AND SIMILAR HOMES/FACILITIES The purpose of a Community Residence is to integrate its residents into the community; over concentra- tion of such facilities within a Neighborhood causes the area to lose its character, thereby defeating the purpose of locating Community Residences in the Neighborhood. AZoning verification shall be required in order to confirm State established distance requirements outlined in this section. All such facilities shall be required to provide a signed and sealed survey to the Office of Zoning which demonstrates that the distance limitations required below pursuant to state statutes are met. Failure to comply with this requirement will deem the facility in non-compliance with state and City regulations. To the extent applicable by state law, location of a facility may be denied if it results in an over concen- tration of Community Residences in proximity to the site selected such that the nature and character of the Neighborhood would be substantially altered. Any facility exceeding the thresholds outlined in this section shall refer to the requirements of Community Support Facility. 6.2.1 Community Residence Standards 1 to 6 Residents LOCATION T3-R, L&OIT4-R, L&OIT5-R, L&OIT6-R, L&0 LOCATION Community Residences of six (6) or fewer residents shall not be located within a radius of one -thousand (1,000) feet of another. STANDARDS Distance shall be measured from nearest point of Property Line of proposed Community Residence to nearest point of Property Line of existing Community Residence within a T3-R or T3-L property. Homes of six (6) orfewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family residence dwelling and a non -Commercial Use, for the purpose of this code. Homes of six (6) or fewer residents that otherwise meet the definition of a community residential home shall be allowed in T3, T4, T5 or T6, provided that such homes shall not be located within a radius of one -thousand (1,000) feet of another existing such home with six or fewer residents. Such homes with six (6) or fewer residents shall not be required to comply with the notification provisions of this section; provided that, prior to licensing, the sponsoring agency provides the Office of Zoning with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the City in order to show that no other community residential home is within a radius of one -thousand (1,000) feet of the proposed home with six (6) or fewer residents. At the time of home occupancy, the sponsoring agency must notify the City of Miami Office of Zoning that the home is licensed by the licensing entity. PARKING See Article 3 and Article 4, Table 4 and Table 5. 7 to 14 Residents LOCATION T3-R, L&OIT4-R, L&OIT5-R, L&OIT6-R, L&0 LOCATION Prohibited in all T3 - R and L and within five -hundred (500) feet thereof. STANDARDS Community Residences servicing seven (7) to fourteen (14) residents shall not be located within a radius of twelve -hundred (1,200) feet of another. Distance shall be measured from nearest point of Property Line of proposed Community Residence to nearest point of Property Line of existing Community Residence or T3-R or T3-L. When a site for a community residential home servicing seven (7) to fourteen (14) residents or similar assisted living facility has been selected by a sponsoring agency in an area that allows multifamily, the agency shall notify the Planning Director in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the licensing entity indicating the licensing status of the proposed assisted living facility or community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide to the City the most recently published data compiled from the licensing entities that identifies all assisted living facilities, adult family -care homes, or community residential homes within the jurisdictional limits of the City. The Office of Zoning shall review the notification of the sponsoring agency in accordance with Transect regulations. • Pursuant to such review by the Planning Department, the City may: 1.Determine that the siting of the assisted living facility or community residential home is in accordance with this code and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. 2. Fail to respond within sixty (60) days. If the City fails to respond within such time, the sponsoring agency may establish the home at the site selected. 3. Deny the siting of the home. • The City shall not deny the siting of an assisted living facility or community residential home unless the City establishes that the siting of the home at the site selected: 1. Does not otherwise conform to regulations of this code applicable to other multifamily uses in the area. 2. Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Would result in such a concentration of community residential homes, assisted living facilities, and adult family -care in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of twelve -hundred (1,200) feet of another existing community residential home in a multifamily zone shall be an over concentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of five -hundred (500) feet of a property designated T3R or T3L substantially alters the nature and character of the area. 4. All distance requirements in this section shall be measured from the nearest point of the existing home or property designated T3-R or T3-L to the nearest point of the proposed home. If agreed to by both the City and the sponsoring agency, a conflict may be resolved through informal mediation. The City shall arrange for the services of an independent mediator or may utilize the dispute resolution process established by a regional planning council pursuant to Fla. Stat. s. 186.509. Mediation shall be concluded within forty- five (45) days of a request therefore. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law. PARKING See Article 3 and Article 4, Table 4 and Table 5. VI.22 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.2.2 Adult Family -Care Homes Standards 1 to 6 Residents LOCATION T3-R, L&OIT4-R, L&OIT5-R, L&OIT6-R, L&O LOCATION STANDARDS Adult Family -Care Homes of five (5) or fewer residents shall not be located within a radius of one -thousand (1,000) feel of another. Distance shall be measured from nearest point of Property Line of proposed Community Residence to nearest paint of Property Line of existing Community Residence. PARKING See Article 3 and Article 4, Table 4 and Table 5. 6.3 COMMERCIAL USES 6.3.1 Large Scale Commercial Except for Public Storage Facilities which must comply with the criteria set forth under Article 6, Table 13, a single commercial establishment occupying more than 55,000 square feet of Floor Area in any T6-O, D1 or D2 shall be permitted subject to the following requirements: Large Scale Commercial LOCATION By Exception in T6-0 and shall be located only an Lots having Frontage on one (1) or more arterial roads. Ingress and egress to the Lot must be provided from these arterials and not from secondary roads or collectors. The Lots shall also be served and be readily accessible by collective transportation systems. By Warrant in D1 By Right in D2. Section 6.3.1 "Additional Requirements' shall not apply. LOT SIZE As required by Transect Zone COMMERCIAL AREA LIMITATIONS Minimum: 55,000 square feet REQUIREMENTS WHEN ABUTTING A MORE RESTRICTIVE TRANSECT • A minimum of one (1) shade 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 in addition it shall be provided onsite within an enclosed Structure • Parking Structures and parked vehicles shall be concealed from exterior street view and may only be located within the Third Layer ADDITIONAL REQUIREMENTS • At ground level: Habitable Space such as Liners to conceal Parking Structures or Parking Areas, must be provided for at least sixty-five (65%) percent of linear street Frontages. • Second floor level: Habitable Space such as Liners to conceal Parking Structure. with a combination of architectural articulation for all linear street Frontages shall be required; however, in no case shall the Habitable Space Liners be less than forty percent (40%) of all linear street Frontages. • Third floor level and above: Habitable Space such as Liners to conceal Parking Structure, with a combination of architectural articulation for all linear street Frontages shall be permitted; however, in no case will the Habitable Space Liners be less than twenty-five percent (25%) of all linear street Frontages. 6.3.2 Vending Carts in Open Air Retail Within open space, or partially open space, the following uses may be permitted pursuant to the War- rant process: 1. Outdoor dining areas; 2. Display and sale of the following items from vending carts: (a) Flowers, plants and shrubs; vegetables, produce, citrus or other unpackaged foods, not requiring refrigeration or further preparation, subject to applicable state health regulations; and (b) Arts and Crafts. Within open space, or partially open space, display and sale of other merchandise or food products allowed to be sold generally within the district, and subject to the restrictions set forth herein, may be permitted by Exception. VI.23 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 However, no Warrant or Exception shall be granted allowing existing uses to expand their retail activity or to display their merchandise into existing open or partially open space. All exhibits, displays and sales of items from vending carts shall be subject to the following limitations: 1. All such carts shall be located completely within private property, or, on undedicated right-of-way with an approved agreement specifying terms of removal upon required dedication; 2. Prior to the approval of any vending cart, a master site plan shall be submitted for review and approval; said master plan shall specify the locations and approximate footprints of all future carts; 3. The merchandise and 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. 4. There shall be no more than 1 (one) cart per each thirty-five (35) linear feet of street frontage except that, within courtyards, there may be more upon compliance with the distance separation requirements specified below; 5. All such carts shall conform with the following distance limitations unless an alternate proposal is justified due to existing established pedestrian patterns or other special site conditions: (a) All carts, 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 (10) feet and from any adjacent permanent structures by a minimum of five (5) feet; (i.e. there shall be a minimum five (5) foot clear radius surrounding all such carts); (b) All carts located within linear building frontage setbacks shall be setback from any adjacent public right-of-way by a minimum of fifteen (15) feet. 6. Total signage shall be limited to eight (8) square feet in area, however no individual sign may exceed four (4) square feet in area and there shall be no more than 2 signs per cart; 7. Lighting shall be limited to task lighting as necessary for the conduct of business; 8. All vending carts shall be limited to a maximum size of forty (40) square feet in area and shall not exceed a maximum height of ten (10) feet; 9. All vending carts 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. Deviations from these standards may be approved by the Planning, Zoning, and Appeals Board pursuant to an Exception Permit upon finding that the requested modifications are justified due to one or more of the following special conditions: 1. Established pedestrian flow patterns, 2. Existing landscape features 3. Governmental action which creates a peculiar configuration on the subject property. VI.24 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 6.3.3 Biscayne Boulevard Open Air Markets Properties with frontage along Biscayne Boulevard between NE 51 st Street and NE 77th Street within the Biscayne Boulevard MiMo Historic District, by process of Warrant may conduct open air markets subject to the following: a. Open air markets shall be defined as outdoor farmer's markets or craft markets, where only hand- made crafts, fresh fruits and vegetables, prepared raw foods and drinks derived from fresh fruits and vegetables are sold. b. The outdoor market must be located on a parcel of no less than fifteen thousand (15,000) square feet of lot area. c. The display area of the outdoor market shall be limited to no more than sixty-five percent (65%) of the parcel area. d. All display tables and other such materials must be removed at the end of the permitted time of operation. e. The outdoor market display area shall be set back no less than twenty-five (25) feet from any abut- ting T-3 Transect. f. Outdoor markets may operate only between the hours of 8:00 a. m. and 8:00 p.m. on Saturdays or Sundays only. g. No outdoor market may be located closer than one thousand five hundred (1,500) feet from another outdoor market. 6.3.4 Health District Green Market Outdoor green markets are permitted within the CI -HD Transect Zone after mandatory referral to the district NET Administrator and subject to all of the following conditions, regulations, and limitations. In addition to these requirements, an operational plan and vendor guidelines shall be required at the time of application: a. Only handmade crafts, live plants and flowers, fresh fruits and vegetables, honey and pollen prod- ucts, cheeses, jams and jellies, baked goods, prepared foods and drinks derived from fresh fruits and vegetables, soaps, and candles may be sold on any outdoor green market within this district. b. Outdoor green markets must be located within an improved site which shall consist of developed open space or plaza of no less than twenty -thousand (20,000) square feet. Outdoor markets may not be located within parking lots or structures. c. Outdoor green markets may not be located closer than one thousand five hundred (1,500) feet from another outdoor green market. VI.25 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS d. Outdoor green market vending activities must take place on private property; vending within the right-of-way and obstruction of the right of way is not permissible under this section of the zoning code. e. Outdoor green markets may operate once a week only based on a pre -determined weekday. The green market permit shall include the day of the week and location for said permit. f. The applicant shall submit, at the time of application, the selected week date and location for the outdoor green market. g. The hours of operation shall be from 7:00 a.m. to 5:00 p.m. h. Outdoor green markets shall have a minimum of 12 vendors. i. Each vendor shall conduct business within a 10' x 10' white and/or green movable canopy which shall be removed at the end of each market day. Any table placed within the canopy area shall be covered with a green table skirt. j. All vending activity must be conducted within a vendor's canopy area which shall be kept in clean and good condition at all times. Broken, faded or dirty canopies shall not be allowed. k. All garbage and trash shall be removed from the market site and disposed as required by law at the end of each market day. I. The market area shall be cleaned and left in a sanitary condition at the end of each market day. m. All signs shall be submitted for approval as part of the application. n. Noisemaking or flashing devices shall not be allowed. 6.3.5 Central Coconut Grove Green Market Outdoor green markets are permitted within the district subject to obtaining a Warrant with mandatory referral to the district NET Administrator only; and subject to all of the following conditions, regulations, and limitations: The Coconut Grove Central Commercial District consists of three general areas. Area A generally consists of both sides of S.W. 37th Avenue from Oak Avenue to Grand Avenue, and both sides of Grand Avenue from Brooker Street to Hibiscus Street. Area B is generally bound to the North by Oak Avenue from Allamanda Street to Mary Street, Mary Street to the East, includes both sides of Grand Avenue from Margaret Street to Mary Street, both sides of McFarlane Road from Grand Avenue to South Bayshore Drive, both sides of Main Highway from Grand Avenue to Commodore Plaza includ- ing both sides of Commodore Plaza and Fuller Street. Area C includes the North Side of Main High- way from Charles Avenue to Franklin Avenue. VI.26 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 a. Only live plants and flowers, fresh fruits and vegetables, honey and pollen products, cheeses, jams and jellies, baked goods, prepared foods and drinks derived from fresh fruits and vegetables, soaps, candles, handmade crafts, antiques, collectibles, paintings, and objects d'art may be sold on any outdoor green market within this district. b. Outdoor green markets must be located within an improved site which shall consist of ground level developed open space or plaza of no less than nine -thousand (9,000) square feet. c. Outdoor green markets shall not be located within parking lots or parking structures. d. Outdoor green markets vending activities must take place on private property; vending within the right-of-way and obstruction of the right-of-way is not permissible under this section of this Code. e. Outdoor green markets may operate two (2) days a week only based on predetermined day(s) of the week. The outdoor green market permit shall include the specific day(s) of the week and location for said permit. f. The applicant shall submit at the time of application the selected weekday(s) and location of the outdoor green market. g. The hours of operation including set-up and take -down shall be from 8:00 a.m. to 8:00 p.m. h. Outdoor green markets shall have a minimum of six (6) vendors. i. Each vendor shall conduct business within a 10' x 10' white or green movable canopy which shall be removed at the end of each market day. Any table placed within the canopy area shall be covered with a white and/or green fabric table skirt. j. All vending activity, display, or exhibit must be conducted within a vendor's canopy area which shall be kept in good condition at all times. Broken, faded and/or dirty canopies shall not be allowed. k. All garbage and trash shall be removed from the market site and disposed as required by law at the end of each market day. I. The market area shall be cleaned and left in a sanitary condition at the end of each market day. m. Outdoor green market signs shall be submitted for approval as part of the Warrant application. n. Noisemaking or flashing devices shall not be allowed. VI.27 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3.6 Microbreweries The purpose and intent of these regulations are to: Establish baseline nuisance abatement standards beyond those prescribed in Miami 21 Code; to allow Microbreweries in mixed -use areas; to encour- age beer manufacturers and distributors to provide retail sales and/or an opportunity to consume on premises; and to promote compatibility of Microbreweries and the surrounding land uses. a. Building disposition and configuration 1. Microbreweries will be limited to the first story of the Principal Building and a maximum area of 20,000 square feet. 2. The retail and/or consumption component of a Microbrewery shall be located on a Principal Frontage. 3. The manufacturing and distribution functions of a Microbrewery shall be within a fully enclosed structure or Building. 4. Unless otherwise stated herein, Microbreweries shall be subject to the regulations of the un- derlying Transect Zone. b. Permitting Microbreweries may be permitted as Alcohol Service Establishments provided that they are lo- cated within a cultural specialty district, as defined in Chapter 4 of the Code of the City of Miami, Florida, as amended ("City Code"). All proposed Microbreweries shall be required to obtain a Cer- tificate of Use for the appropriate alcohol category as defined in Sec. 4-2 of the City Code. c. Offsite impact standards 1. Vibration standard — In general; a person of normal sensitivities should not be able to feel any vibrations. (0.002g peak) (a) Vibrations lasting less than five (5) minutes per day are exempt. (b) Vibrations from vehicles that leave the site are exempt. 2. Odor standard — In general; continuous, frequent, or repetitive odors may not be produced. The odor threshold is the point at which an odor may just be detected. 3. Sound standard — In general; continuous, frequent, or repetitive sounds may not be produced. Sound standards are further defined in Chapter 36 of the City Code. 4. Measurements for compliance with these standards are made from the property line of abut- ting properties VI.28 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.4 INFRASTRUCTURE AND UTILITIES 6.4.1 Personal Wireless Service Facilities (PWSF) The purpose and intent of these performance standards for the location, siting and design of PWSF are to: • Allow for alternative types of PWSF in locations pursuant to these standards. Encourage the use of existing structures not originally built as antenna mounts such as roof- tops, utility poles, and church steeples for deploying PWSF. Discourage new PWSF mounts where co -location and mounts on existing structures are possible; Expedite the review process for applications choosing the least intrusive alternative of deploy- ing PWSF as permitted by these standards; Encourage users of mounts to locate, site and design them in a way that minimizes the ad- verse visual impact of the mounts and associated equipment; • To promote compatibility of PWSF with surrounding land uses, and protect the attractiveness, health, safety, general welfare, and property values of the community. 1. Collocation a. Collocation of antennae, equipment enclosures, and ancillary facilities ("facilities") on exist- ing towers as specified on FS 365.172 (12)(a)1.a., or on other structures as specified in FS 365.172(12)(a)1.b, shall be allowed by right, subject to the land development regulations in effect at the time of the initial PWSF placement approval, when the collocation: • Does not increase the height of the tower or other structure, as applicable, to which the facilities are to be attached; and • Does not increase the ground space area approved in the site plan; and • Consists of antennae, equipment enclosures, and ancillary facilities that conform to the land development regulations applied to the initial facilities placed on tower, and the tower supporting the facilities. However, the land development regulations at the time of the col- location application (other than regulation of the number of collocations) may be applied to the facilities if they do not conflict with land development regulations applied to the initial PWSF; and • Is not located within a historic building, structure, site, object, or district, except for the collocation on existing towers. b. If only a portion of the collocation does not meet the requirements specified above, where all other portions of the collocation meet the requirements, that portion of the collocation may be allowed subject to a Warrant or Exception, as applicable. Further, HEP approval shall be required if applicable, except for collocation on existing towers. c. By right and to allow collocation, an existing tower may be structurally modified, or may be replaced with a monopole tower, or an existing camouflaged tower may be replaced with a like- VI.29 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS camouflaged tower, if the overall height of the modified or replaced tower is not increased. 2. Replacement or Modification Replacement of or modification to PWSF, except for a tower, shall be as of right when, as reason- ably determined by the City: • The resulting PWSF is not readily discernibly different in size, type and appearance when viewed from ground level from surrounding properties, or • The replacement or modification of equipment is not visible from surrounding proper- ties. 3. New Placement and Substantial Modifications MONOPOLE OR TOWER DEVICES ROOFTOP OR ANCHORED DEVICES T3 By Exception subject to conditions and limitations. By Exception subject to conditions and limitations. T4 By Exception subject to conditions and limitations. By Warrant subject to conditions and limitations. ALL OTHER By Exception subject to conditions and limitations; including min. 500 feet distance requirement from any T3 or T4 designated Zone measured from nearest property line of PWSF site to the property line of the nearest parcel zoned as T3 or T4. By Warrant subject to conditions and limitations. MAXIMUM DEVICE HEIGHT MINIMUM SETBACK REQUIRED STRUCTURAL HEIGHT MAXIMUM DEVICE HEIGHT ABOVE ROOF T3 35 feet 20 feet 35 feet 13 feet T4 60 feet 20 feet 35 feet 13 feet ALL OTHER 100 feet single carrier 125 feet multiple 20 feet 35 feet 13 feet ADDITIONAL • All freestanding monopole or tower facilities shall be designed to include • The mount shall not be visible from he ground from a distance of 600 feet; REQUIREMENTS sufficient landscape as to screen the proposed facility from any adjacent right-of-ways. Sufficient landscape shall include trees, shrubs and ground Screening from ground view may be provided by a parapet or some other type wall or Screening. cover in a tiered configuration. • No part of the mount shall be located closer than eight (8) feet to any • All freestanding monopole or tower facilities shall be designed to power fine. 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. • Mounts may not exceed three (3) separate areas per rooftop STANDARDS In the event that a specific facility cannot comply with the standards set forth above, an application for modifications as to such standards shall only be permissible by Exception. Such applications shall be accepted upon compliance with the following: • The applicant for each such facility shall submit a justification report prepared by an engineer qualified in the technological aspects (such as a "radio frequency [RF] engineer) as to why the facility must be modified in terms of height or location; such report shall be accompanied with a review fee as set forth in Chapter 62 of the City Code. • The applicant for each such facility shall include, as part of the application, line of sight studies that depict the three dimensional view of such facility from all adjacent right-of-ways; photo montages shall be considered an acceptable form of line of sight studies. • The applicant for each such facility shall include, as part of the application, a mitigation plan that depicts proposed Buffering and Screening of such facility from all adjacent right-of-ways; such mitigation plan shall be in compliance with the criteria and standards set forth for PWSF applications unless the relief being sought is from one or more of such standards. • For any such facility that is proposed to be located within a property zoned T3, T4-R, T5-R or T6-R, the mitigation plan shall be required to either conceal, camouflage or disguise the proposed facility, or if possible, replace a monopole or tower structure with a series of short mounts that are camouflaged within the area so as to reduce the negative visual impact of a possible larger structure. V1.30 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS AS ADOPTED - JANUARY 2018 6.4.1.1 Personal Wireless Service Facilities (PWSF) Procedures PROCEDURES An application is deemed submitted or re -submitted on the date it is received by the City. • The City shall notify the applicant in writing that the application is not complete and in compliance with regulations for administrative purposes within 20 days after the application is submitted, or after additional information resubmitted. Collocation Applications: • A building permit shall be granted or denied no later than 45 business days after the date the application is determined to be properly completed. Other wireless facility applications: • Other applications shall be granted or denied no later than 90 business days after the date the application is determined to be properly completed. If a properly completed application is not granted or denied within the timeframe set forth above, the application shall be deemed automatically approved and the applicant may proceed with the placement of the facility, as set forth in FS 365.172( 12) (d), unless: • the timeframe is voluntarily extended by the applicant; or • the City's procedures generally applicable to all other similar types of applications require City Commission action, in which case the City Commission must act on the application at its next regularly scheduled meeting; or • an extension is required because of a declared local, state of federal emergency that directly affects administration of all permitting activities 6.4.1.2 Personal Wireless Service Facilities (PWSF) Definitions DEFINITIONS Camouflage shall mean a way of designing or installing and mounting a PWSF that creates the effect that the PWSF is part of its surroundings. Carrier shall mean a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services. Co -location shall mean the use of a common mount by two (2) or more wireless carriers. Conceal shall mean to enclose a PWSF within a natural or man-made feature resulting in the facility being either invisible or made part of the feature enclosing it. Design shall mean the appearance of PWSF such as their materials, color and shape. Disguise shall mean to design a PWSF to appear to be something other than a PWSF. Landscape Buffer shall mean an area of landscaping separating two (2) distinct land uses or a land use and a public right-of-way, which acts to soften or mitigate the effects of one use on another. It can be considered a form of camouflage. Lattice Tower shall mean a type of mount that consists of multiple legs and cross -bracing of structural steel. Mitigation shall mean the reduction or elimination of visual impacts by the use of one or more methods, including concealment, camouflage and disguise. Monopole shall mean one type of self-supporting mount consisting of a single shaft of wood, steel or concrete and antennas at the top or along the shaft. Mount shall mean the Structure or surface to which antennas are attached. Personal Wireless Service Facility (PWSF) shall mean any a facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or Building, access road, mount, and a guy system. Such facilities may include "monopole" or "lattice tower (tower)" structures. Radio Frequency (RF) engineer shall mean someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies. Screening shall mean visually shielding or obscuring one Abutting nearby Structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening can be considered a form of camouflage. Short Mounts shall mean alternatives to monopoles or lattice towers, such as masts or poles. For example, two (2) poles or three (3) masts might be an alternative to one lattice tower. Standards shall mean guidelines or measures provided in this section by which acceptability is determined. PWSF shall be measured by standards for visibility and safety. This code generally regulates these facilities on three levels: location (where the facility can go), siting (how the facility is placed within its setting) and design (what the facility looks like). Tower shall mean a mount constructed for the primary purpose of supporting antennas and other PWSF components. Visual impact shall mean a modification or change that could be incompatible with Scale, form, texture, or color of the existing natural or man-made landscape. VI.31 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.5 INDUSTRIAL 6.5.1 Concrete Batching Plants Permissibility Concrete Batching Plants shall be reviewed by process of Warrant and apply Article 4, Table 12 Design Review Criteria, as applicable. Environmental considerations include, but are not limited to, siting, air quality, water quality, noise, and waste minimization. To ensure the permitting of a Concrete Batching Plant does not have adverse impacts on the environmental quality of any neighborhood, permitting and operations shall be subject to the following limitations: a. Concrete Batching Plants shall not be located within 500 feet from Residential Uses. Siting shall consider the current and future proximity of sensitive land uses. b. Concrete Batching Plants must be sited on land that is not flood prone. c. Vehicle access routes which minimize impacts to the surrounding neighborhoods must be provided. d. Sand and aggregate must be kept continuously damp. e. Conveyor belts and hoppers must be covered or enclosed. f. Cement silos must be fitted with high level alarms, multi -bag pulse jet filters, airtight inspection hatches, and automatic cutoff switches on the filter lines. g. Duct work must be kept airtight and loading bays must be enclosed. An inspection regime for all dust control components must be developed and implemented. h. Spills must be cleaned up immediately. i. Concrete Batching Plants must utilize quieter equipment and alter or enclose equipment to reduce noise at the source with sound absorbing materials. j. Concrete Batching Plants must ensure alarms are used for emergencies only. k. Concrete Batching Plants must have an established waste minimization management policy to include: i. A waste management team. ii. A waste audit must to be conducted annually. iii. Viable waste minimization projects. iv. A waste management plan to be prepared and implemented. The plan must be monitored and evaluated for effectiveness. I. Site design must minimize the area of the site which generates contaminated storm water runoff. Concrete Batching Plants must have a separate dedicated drainage system to discharge clean storm water from the site. m. All contaminated storm water and process wastewater must be drained to a collection pit for recycling. Solids that accumulate in the pit must be regularly cleaned out. The wastewater recycling system must be able to store the contaminated runoff generated by 1 inch of rain in 24 hours. Use wastewater stored in the recycling system at the earliest possible opportunity. Refer to the United States Environmental Protection Agency's "Stormwater Best Management Practice for Concrete Washout". n. There must be no dry weather wastewater discharges from the site. Wet weather discharges must be monitored for pH and suspended solids and the records must be retained. V1.32 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 7.1 PROCEDURES VII.6 7.1.1 Authorities VII.6 7.1.2 Permits VII.15 7.1.3 Application and Review Process VII.34 7.1.4 Quasi -Judicial Procedures VII.41 7.1.5 Appeals VII.45 7.1.6 Notice of Hearings VII.46 7.1.7 Unity of Title VII.46 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; SIGNS VII.50 7.2.1 Generally VII.50 7.2.2 Structures and Uses in the Event of Disaster VII.50 7.2.3 Alterations and Expansion of Nonconforming Structures VII.52 7.2.4 Moving a Nonconforming Structure on the Same Lot VII.53 7.2.5 Locally Designated Historic Resources—Nonconformities VII.53 7.2.6 Nonconforming Uses VII.53 7.2.7 Nonconforming Lots VII.55 7.2.8 Nonconforming Site Improvements VII.56 7.2.9 Nonconforming signs VII.57 VII.1 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 7. PROCEDURES AND NONCONFORMITIES Amendments to Miami 21 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13159 04-22-2010 Requirements for PZAB members 10-00287zt 13235 11-18-2010 Minorand non -substantial modificationsthroughout the Code 10-00956zt 13238 12-16-2010 Requirements for sheds and other structures; loading berth substitutions; requirements for public and commercial storage facilities; distance separation requirements for ALF's; distance separation requirements for uses and structures 10-00963zt 13240 12-16-2010 Modification of door spacing requirements and removal of public easement requirements 10-00968zt 13251 01-27-2011 To add procedures for Unity of Title 10-01335zt 13265 05-12-2011 Incentives for construction of Affordable Housing 11-00022zt 13269 05-26-2011 Modification to non -conformities 11-00151zt 13362 02-28-2013 Atlas amendment dates 12-01296zt 13464 05-22-2014 Sign Regulations Amendment 12-00941zt1 13499 02-26-2015 Modification of voting requirements 14-00515zt 13507 03-12-2015 Modification of successional zoning chart to include T6-24b 14-01198zt 13566 09-24-2015 Amend Time Extensions for Nonconforming Uses 14-01304zt1 13577 11-19-2015 Mod ification ofAdaptive Use Parking Requirements 14-01075zt 13594 01-28-2016 Updates PZAB to Hear Appeals of CU Revocation 15-01249zt 13690 06-22-2017 Joining of persons with entities when submitting applications for rezoning. 2192 13728 12-14-2017 Parking standards and placement for frontages and underground parking. 3003 VII.3 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 DIAGRAM 14 PERMITTING PROCESS PERMITTING PROCESS DIAGRAM Applicant Zoning Office Referral PD Planning Department CRC Coordinated Review Committee PZAB Planning Zoning and Appeals Board By Right Building Permit VVaiver Preapplication Submit to Zoning Office* PD Zoning Office Decision Appeal PZAB Building Permit VVa rant (Uses Only) Preapplication Submit to Planning Department* CRC Planning Department Decision Appeal PZAB Appeal City Comm. Building Permit Exception Preapplication Submit to Planning Department* CRC Planning Department Certification File with Hearing Boards* PZAB Appeal City Comm. Building Permit Variance Preapplication Submit to Planning Department* Planning Department Certification File with Hearing Boards* PZAB Appeal City Comm. Building Permit Zoning Change Preapplication Submit to Planning Department* Planning Department Certification File with Hearing Boards* PZAB City Commission Building Permit VII.5 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.1 Authorities The administration of the Miami 21 Code shall include the following authorities: Zoning Administra- tor; Planning Director; Coordinated Review Committee; Planning, Zoning and Appeals Board; and City Commission. 7.1.1.1 Zoning Administrator a. Functions, powers and duties. A Zoning Administrator, appointed by and responsible to the City Manager, shall be responsible for administration and enforcement of the Miami 21 Code as pro- vided herein, with such assistance as the City Manager may direct. For purposes of this Code, the functions, powers and duties of the Zoning Administrator more specifically include: 1. To determine whether applications for building permits as required by the Building Code are in accord with the requirements of this zoning ordinance. No building permit shall be issued without approval of zoning compliance by the Zoning Administrator that plans and applica- tions conform to applicable zoning regulations. 2. To determine whether the Use of any Structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in Use or in Structure, is in ac- cordance with this Miami 21 Code and to issue a Certificate of Use if the plans and applica- tions conform to applicable zoning regulations. Certificates of Use for home occupations in residential districts shall be issued annually to cover the period from January 1 through December 31 of each year. 3. To approve, deny or approve with conditions applications for administrative Waiver, with the recommendation as may be required of the Planning Director and pursuant to the standards of the Miami 21 Code. 4. To assist the Code Enforcement Department to enforce vigorously the provisions of the Miami 21 Code. 5. To maintain records of all official administrative actions. 6. To decide questions of zoning interpretation pursuant to Section 7.1.2.3 of this Code. 7. To participate in the review of Warrants and Exceptions. 8. To serve in an advisory capacity on zoning matters to the Planning, Zoning and Appeals Board, the City Commission, and other officers or agencies of the City, and to prepare such reports as may be appropriate in that capacity. VII.6 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 9. To review and issue sign permits. 10. To determine whether changes made to applications are substantial modifications pursuant to Section 7.1.3 that require additional review and evaluation by city staff or a new notice prior to a hearing. b. It shall be the duty of all employees of the city, and especially of all officers and inspectors of the Department of Planning, Department of Building, Office of Zoning, the Fire Rescue Department, and the Police Department, to report to the Code Enforcement Department any suspected viola- tions of the Miami 21 Code. 7.1.1.2 Planning Director a. Functions, powers and duties. A Planning Director, appointed by and responsible to the City Manager, shall be responsible for administration of the Miami 21 Code, as provided herein, with such assistance as the City Manager may direct. For purposes of this Code, the functions, pow- ers and duties of the Planning Director more specifically include: 1. To make determinations concerning Uses where there is substantial doubt as to whether a particular Use or Uses, or classes of Uses, or characteristics of Use not specifically identi- fied in the Miami 21 Code are of the same general character as those listed as permitted, Warrant or Exception Uses, either upon request from any administrative agency or officer of the city or upon his own initiative. 2. To approve, deny or approve with conditions any applications for Warrant, upon review by members of the Coordinated Review Committee as the Director may request, and pursuant to the standards of the Miami 21 Code. 3. To review and provide findings and recommendations to the Zoning Administrator regarding certain applications for administrative Waiver pursuant to the standards of the Miami 21 Code. 4. To prepare recommendations regarding an application for Exception, upon review by mem- bers of the Coordinated Review Committee as the Director may request, and to certify the application and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board . 5. To prepare recommendations regarding an application for Variance and to certify the applica- tion and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board. 6. To prepare recommendations regarding an application for amendment to the Miami 21 Code, including rezoning, and to certify the application and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board and the City Commission. 7. To prepare recommendations regarding an application for a Special Area Plan, and to certify the application and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board and the City Commis- sion. VII.7 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 8. To coordinate and chair the work of the Coordinated Review Committee. 9. To serve in an advisory capacity on Miami 21 Code matters to the Planning, Zoning and Ap- peals Board, the City Commission, and other officers or agencies of the city, and to prepare such reports as may be appropriate in that capacity. 10. To make referrals to the Urban Development Review Board (UDRB) as defined in Chapter 62 of the City Code for projects that exceed 200,000 square feet or as the Director may deem necessary. 7.1.1.3 Coordinated Review Committee a. Establishment There is hereby established a committee to be known as the Coordinated Review Committee. The Coordinated Review Committee shall consist of the following members: the Planning Director who shall serve as the chair of the committee, the Zoning Administrator, the City Attorney, the NET Director, and the Public Works Director, and other city, county, school board and governmental and utility officials with the necessary expertise that the Planning Director may require for any particular application review. b. Functions, powers and duties The Coordinated Review Committee shall provide review of applications for Warrants and for Exceptions, and for Special Area Plans, pursuant to the review criteria of Section 7.1.2 and Article 3, Section 3.9, as the case may be. The Planning Director shall determine to which members of the committee any particular application shall be referred for review and advice. The committee shall meet together only as requested by the Planning Director. Upon the Planning Director's request, the review reports of each member shall be provided to the Planning Director, who shall consider them in making a decision regarding an application for a Warrant and in making a recommendation to the Planning, Zoning and Appeals Board regarding an application for an Exception or for a Special Area Plan. c. Notice The applicant shall be given an opportunity, upon a minimum of seven days' notice, to attend any meeting, if any, of the Coordinated Review Committee that may be held to review and evaluate its application. Failure of the applicant to appear shall result in the withdrawal of the item from the committee meeting agenda. The applicant shall receive notice of the Planning Director's preliminary decision or recommendation on its application, as applicable, at least twenty-one (21) calendar days prior to the Director's final decision or recommendation. Within fourteen (14) calendar days of receipt of notice, the applicant may request an opportunity to revise its application or provide additional information to address any comments or concerns raised by the Coordinated Review Committee. If such a request is made, the Director's final decision or recommendation shall not be issued until the applicant has had a reasonable opportunity, as determined by the Planning Director, to make its revisions or to provide additional information. VII.8 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 7.1.1.4 Planning, Zoning and Appeals Board a. Establishment There is hereby established a board to be known as the city Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board shall consist of eleven voting members, one alternate member to be appointed in the manner hereinafter set out in this section, and one ex-officio, non -voting member appointed by the school board. The school board appointee shall be invited to attend such meetings at which comprehensive plan amendments, re -zonings and Special Area Plans are considered which, if granted, increase residential Density. The school board appointee shall not be counted in determining whether a quorum is present at any meeting. b. Functions, Powers and Duties The Planning, Zoning and Appeals Board with the assistance of the planning department and all other city departments as necessary, shall have the functions, duties and powers as follows: 1. To act as the local planning agency pursuant to section 163.3174, Florida Statutes. 2. To serve as the local land development regulation commission pursuant to section 163.3194(2), Florida Statutes. 3. To prepare and recommend to the City Commission ordinances, regulations and other pro- posals promoting orderly development of the city. 4. To make or cause to be made any necessary special studies on the location, adequacy and conditions of specific facilities of the city. These may include, but are not limited to, studies on housing, commercial and industrial conditions and public facilities, recreation, public and private utilities, conservation of natural resources, roads and traffic, transportation, parking and the like. 5. To determine whether proposed developments of regional impact conform to the requirements of the Miami 21 Code, and with section 380.06, Florida Statutes, and to make recommenda- tions to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission. 6. To determine whether Special Area Plans and rezonings that are regulated by the Miami 21 Code conform to the requirements of the Miami 21 Code, and to make recommendations to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commis- sion. 7. To determine whether specific proposed developments that are regulated by the Miami 21 Code and that require an approval of an Exception conform to the requirements of the Miami 21 Code. In performing its authority to grant, deny or grant with conditions an Exception, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in the Miami 21 Code and under applicable state law. VII.9 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 8. Rescission: The board, after a quasi-judicial hearing, may rescind, modify or change any resolution granting an Exception if, upon application filed by the Director at any time after the grant of an Exception, the board finds that there has been a violation of any conditions, restrictions or limitations in the subject resolution. Such a hearing shall not be held until published notice (per section 62-129 of the City Code) has first been given. If the Director, upon written request of any aggrieved party, refuses or fails to make an application for such rescission, modification or change, the aggrieved party may request the City Commission, through the City Manager, to instruct the Director to do so. The decision of the board shall be appealable to the City Commission in the same manner as an appeal of a board decision regarding an Exception. 9. To determine whether an application for a Variance conforms to the requirements of the Mi- ami 21 Code. In performing its authority to grant, deny or grant with conditions a Variance, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in the Miami 21 Code and under applicable state law. 10. To hear, de novo, and make a ruling on an appeal of the following administrative decisions: (a) A Planning Determination of Use by the Planning Director; (b) The decision of the Zoning Administrator regarding a Waiver; (c) The decision of the Planning Director regarding a Warrant; (d) A zoning interpretation by the Zoning Administrator; (e) The decision of the Zoning Administrator regarding a denial or revocation of a Certificate of Use. In performing its appeal authority, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in this Code and under applicable state law. 11. The Planning, Zoning and Appeals Board shall perform such other functions as may be given it by the City Commission. c. Appointments; qualifications 1. No appointment shall be made by the City Commission to membership or alternate mem- bership on the Planning, Zoning and Appeals Board until the City Clerk has given at least thirty (30) days notice of the vacancies in a newspaper of general circulation in the city of the vacancies. The City Commission shall solicit and encourage the public, professional and citizen organizations within the area having interest in and knowledge of the purpose and functions of the board to submit names of persons and their qualifications for consideration as prospective appointees to the board. At least five (5) days prior to the making of any ap- pointment, the City Clerk shall publicly notice that the list of names thus submitted and the names of candidates submitted by the City Commission, together with a short statement of the qualifications of each person, is prepared and available for public inspection and con- sideration. No person shall be appointed to the board whose name and qualifications have VI1.10 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 not been made publicly available in the manner set out herein. In reaching a decision on an appointment, the City Commission shall give due consideration to the qualifications thus submitted. 2. Nomination. Each City Commissioner shall nominate candidates to serve the terms of two members of the board, taking into consideration the required qualifications for membership as provided herein. 3. Terms of office. The terms of office shall be the later of those terms provided under section 2-885 of the City Code. 4. Qualifications. It is intended that members and alternate members of the board be persons of knowledge, experience, mature judgment, and background; having ability and desire to act in the public interest; and representing, insofar as may be possible, the various special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and appropriate development of the physical environment. To that end, qualifications of members and the alternate member shall be as follows: (a) Eleven (11) members and one alternate shall be from the electorate of the City of Miami with demonstrated knowledge and interest in the appropriate growth and development of the city. 5. The City Commission shall appoint the board members from the nominations made by each City Commissioner, for ten members of the board. The mayor shall appoint one member and the alternate member. Appointees shall be persons in a position to represent the public inter- est, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City. No person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in the county or the City. Before making any appointment, the City Commission shall determine that the person so appointed satisfies the requirements of sections 2-611 et seq. of the City Code, and no person shall be confirmed in appointment who has not filed the statement required by section 2-615 of the City Code. In addition, the code of ethics of Miami -Dade County shall apply to members and the alternate member of the Planning, Zon- ing and Appeals Board. 6. Persons appointed shall be electors of the City and otherwise meet the requirements of Chapter 2, Article XI of the City Code. 7. No member or alternate member of the Planning, Zoning and Appeals Board shall be confirmed in his appointment until he signs a statement agreeing to participate in at least one seminar on planning or zoning to be held in Florida or elsewhere, and approved by the City, during the course of each calendar year he shall remain a member or alternate member of the board. Failure to meet this requirement each and every year after assuming board membership or alternate membership may be grounds for removal. 8. Vacancies (a) Vacancies in the membership or alternate membership of the Planning, Zoning and VI1.11 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 Appeals Board shall be filled by the City Commission and mayor by appointment in the manner herein set out and for the unexpired term of the member or alternate member affected, provided the City Commission may appoint an alternate member of the board to a vacancy as a full member of the board without resort to the procedural requirements of paragraph (1) above. (b) The executive secretary of the Planning, Zoning and Appeals Board shall notify the City Clerk within ten days after a vacancy occurs, and the City Clerk shall promptly transmit such information to the City Commission for appropriate commission action as set out herein. 9. Removal (a) Members and alternate members of the board may be removed for cause by the City Commission upon the votes of not less than three members of the commission, upon written charges and public hearing, if the member and the alternate member affected requests such public hearing. (b) There is hereby established a point system. Each member and the alternate member of the Planning, Zoning and Appeals Board who arrives after the beginning of the first agenda item or leaves before the termination of the last agenda item, at a regularly scheduled meeting of the board, shall receive two points. Any member and the alternate member of the board who accumulates more than fifteen (15) points in one calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. (c) Notwithstanding paragraph (b) above, any member or alternate member of the Board who is absent, for whatever reason, from more than five meetings in one calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. 10. Compensation. Members and alternate members of the Planning, Zoning and Appeals Board shall receive a remuneration of $1.00 per year. The City Commission shall make provision for the payment of actual and necessary expenses, in accordance with City policy, for the attendance of each member and alternate member of the board at one City -authorized plan- ning or zoning seminar or conference each calendar year to be held in Florida. d. Proceedings of the Board 1. Officers and voting. The Planning, Zoning and Appeals Board shall select a chairman and vice-chairman from among its members and may create and fill such other offices as it may determine. All members, or the alternate member sitting in the place of a member, shall be required to vote on matters before the Planning, Zoning and Appeals Board, subject to the provisions of subsections (e) and (f) of this section and applicable Florida Statutes. The Planning Director shall attend all meetings of the board. The Office of Hearing Boards, or its successor, shall be the executive secretary of the Planning, Zoning and Appeals Board. 2. Rules of procedure. The Planning, Zoning and Appeals Board shall establish rules of proce- dure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of Florida law, and the City charter, ordinances and resolutions. Such rules of procedure shall be available in written form to persons appearing before the board and to VII.12 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 the public upon request. Quasi-judicial procedures as provided in this Miami 21 Code and as required by state law shall apply to its decisions and recommendations, including rezoning; Special Area Plans; Exceptions; Variances; and appeal decisions by the board. 3. Meetings. The Planning, Zoning and Appeals Board shall hold at least two regularly scheduled meetings each month, except the month of August, on days to be determined by the board. Other regularly scheduled meetings may be set by the board, and additional meetings may be held at the call of the chairman and at such other times as the board may determine. Meet- ings that are not regularly scheduled shall not be held without at least ten (10) days written notice to each member and the alternate member, provided that upon concurrence of the chairman of the Planning, Zoning and Appeals Board and the city manager, an emergency meeting may be called at any time and with appropriate notice. 4. Quorum; public records. Quorum requirements are governed by the provisions of section 2-887 of the City Code. However, no action to recommend adoption of amendments to the city Comprehensive Plan, or to recommend the amendment of the text of the Miami 21 Code, rezoning, or Special Area Plan, or to approve an Exception shall be taken without the concur- ring votes of a supermajority of board members present. Said supermajority consists of one (1) more member than a simple majority. The Executive Secretary of the Planning, Zoning and Appeals Board shall keep minutes of board proceedings, showing the vote of each member or alternate member, if sitting for a member, or if absent or failing to vote under paragraphs five (5) and six (6) below, indicating such fact. It shall be the responsibility of the executive secretary of the Planning, Zoning and Appeals Board to handle all procedural activities for all public hearings held by the board, including the preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall be filed with the City Clerk. 5. Status of alternate member. In the temporary absence or disability of a member, or in an in- stance where a member is otherwise disqualified to sit on a particular matter, the chairman of the Planning, Zoning and Appeals Board, or the vice-chairman in his absence, shall designate the alternate member to sit as a board member to obtain a full membership of eleven or, as nearly as possible, a full membership. When so acting, the alternate member shall have full rights of participation and voting as members; his vote shall be deemed that of a member in reaching a decision on a matter. In instances where the alternate member is not sitting as a member, he shall have the right to participate in board discussions and to ask questions, but he shall have no right to vote or make motions. Where the alternate member has been duly designated to sit as a member on a particular matter and consideration of that matter has begun, the alternate shall continue to sit as a board member through disposition of the matter; and he shall not be replaced, should the member in whose stead he is sitting later be present. 6. Disqualification of members or alternate. If any member of the Planning, Zoning and Appeals Board or the alternate member called on to sit in a particular matter shall find that his private or personal interests are involved in the matter coming before the board, he shall, prior to the opening of the hearing on the matter, disqualify himself from all participation of whatsoever nature in the cause. Alternatively, he may be disqualified by the votes of not less than six (6) members of the board, not including the member or alternate member about whom the question of disqualification has been raised. No member or alternate member of the Board may appear before the City Commission, Planning Advisory Board, Zoning Board or Plan- VII.13 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 ning, Zoning and Appeals Board as agent or attorney for any other person. e. All city departments and employees shall, under the direction of city manager and upon request and within a reasonable time, furnish to the Planning Department such available records or in- formation as may be required in the work of the Planning, Zoning and Appeals Board. The city manager shall assign a member of the Public Works Department, Planning Department, Zoning Office, Neighborhood Enhancement Team, the Code Enforcement Department and Fire -Rescue Department, or their successors, to attend public hearings of the Board and to advise the board when necessary, and to furnish information, reports and recommendations upon request of the board. The city attorney shall attend public hearings of the board to advise the board when nec- essary and to furnish information, reports and recommendations upon request of the board. f. The Planning, Zoning and Appeals Board or representatives of the Planning Department may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized city agents or employees and shall have other powers as are required for the performance of official functions in carrying out the purposes and responsibilities of the board. 7.1.1.5 City Commission The City Commission, in addition to its duties and obligations under the City Charter, the City Code, and other applicable law, shall have the following duties specifically in regard to the Miami 21 Code: a. To approve, deny or approve with conditions applications for developments of regional impact pursuant to Chapter 380, Florida Statutes. b. To consider and act upon proposed amendments, including rezoning, to the Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and Appeals Board. c. To consider and act upon proposed Special Area Plans, after consideration of the recommenda- tion by the Planning, Zoning and Appeals Board. d. To consider and act upon proposed amendments to the Comprehensive Plan which relate to the Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and Appeals Board. e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the appeal of a zoning interpretation, Certificate of Use denial or revocation, planning determination of Use, Warrant, Variance or Exception. f. To consider and adopt ordinances, regulations and other proposals as it deems appropriate for promoting orderly development within the areas of the city that are regulated by the Miami 21 Code. g. To establish a schedule of fees and charges for the applications made pursuant to the Miami 21 Code. h. To appoint members to the Planning, Zoning and Appeals Board, as set forward in this Miami 21 VII.14 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 Code. i. To hear appeals from the Planning and Zoning Appeals Board in connection with decisions on a Variance or Exception, or any appeals of any administrative decision on a Waiver or Warrant application, or any other administrative decision or determination made in connection with a proposed Affordable Housing Development qualifying under Section 3.15. Such appeals shall be specially set for the first available City Commission hearing that is at least fifteen (15) days after the Planning, Zoning and Appeals Board hearing. 7.1.2 Permits The permits that may be necessary to develop property under the Miami 21 Code include the follow- ing: Warrant; Waiver; Exception; Variance; and amendment to the Code (including text amendments, rezoning and Special Area Plans). The permits are illustrated in Article 7, Diagram 14. In addition, certain approvals may be necessary to confirm that uses are permitted uses under the Code, which are zoning approval (by right), certificate of use, planning determination, or zoning interpretation. Permits issued in error shall convey no rights to any party. The Zoning Administrator shall require corrections to be made unless construction has commenced on that portion of the construction that was permitted in error. 7.1.2.1 Permitted Uses A building permit for those permitted Uses as set forth in Article 4, Table 3 of this Code shall be ap- proved By Right when the Use meets all of the applicable standards of the Miami 21 Code, and the other specific requirements that may be enumerated elsewhere in the City Code. a. Zoning approval A building permit shall be issued only after a zoning approval from the Zoning Administrator has been obtained indicating that the application meets the applicable provisions of the Miami 21 Code. Upon an affirmative finding by the Zoning Administrator that plans and application submitted are complete and in compliance with the applicable requirements of the Miami 21 Code, an approval shall be entered on the application and on the applicable building permit and, if otherwise lawful, the permit shall be issued to the applicant, together with one copy of the approved plan. If the application and plan are not in full in compliance with the requirements of the Miami 21 Code, the application shall not be approved and the applicant notified in writing of the reasons for such decision, with citation to the legal authority for any denial of a permit. b. Certificate of Use 1. For new or altered Structures and Uses. No person shall Use or permit the Use of any Structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in Use or in Structure, until a Certificate of Use reflecting Use, extent, location, and other matters related to Miami 21 Code shall have been issued to the owner or tenant. Application shall be made to the Zoning Administrator on forms provided therefore. The Zoning Administrator shall issue the Certificate of Use (or to approve its issuance where final responsibility for issuance lies with other officers or agencies) if he finds that all the requirements of this Miami 21 Code have VII.15 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 been met, and to withhold such certificate (or to prohibit its issuance) unless he finds that all of the requirements of this Miami 21 Code have been met. If the Certificate of Use is denied, the denial shall provide a citation to the legal authority for any denial. No Certificate of Use is necessary for fewer than three (3) Single -Family Structures, attached or detached, on a Lot or for fewer than two (2) duplex Structures on a Lot. 2. Certificates of Use for other existing Uses. Any owner or tenant engaged in existing Use of Structures or premises, other than a non- conforming Use at the time of the adoption of this Miami 21 Code, may apply for a Certificate of Use certifying that such Use is lawful under this Code. The Zoning Administrator if neces- sary shall inspect to determine the facts in the case and to either issue the certificate if the administrator finds the Use lawful, or to withhold the certificate and take such remedial action as is appropriate if the administrator finds otherwise. A denial shall include a citation to the legal authority for the denial. 3. No Certificate of Use shall be issued for Buildings for which code compliance proceedings are pending. c. Zoning Approval or Certificates of Use issued by the Zoning Administrator on the basis of plans and applications authorize only the Use, arrangement, and construction set forth in the approved plans and applications, subject to any conditions or safeguards attached thereto, and no other. Use, arrangement, or construction at variance with that authorized, or failure to observe condi- tions and safeguards, shall be deemed a violation of this Miami 21 Code. 7.1.2.2 City Request for Planning Determination of Use Where there is substantial doubt as to whether a particular Use, or classes of Uses not specifically identified in the Miami 21 Code are of the same general character as those listed as permitted, by Warrant or by Exception, the Planning Director shall make a written determination in the matter. The Planning Director shall give due consideration to the intent of this Miami 21 Code concerning the Transect Zone involved and the character of the Use in question. Requests for such determinations shall be made only by officers or agencies of the City and may originate during the permit process. However, such requests shall not involve those circumstances where the Zoning Administrator has made a negative finding on a zoning interpretation, in which case appeal may be taken to the Planning, Zoning and Appeals Board and then to the City Commission, as set forth in section 7.1.2.3. a. Notifications concerning determinations. Upon making the determination, the Planning Director shall notify any other officer or agency of the city likely to be affected by such ruling and all NET offices. Additionally, notice of the deter- mination shall be published to the public on the official city website. b. Effect of findings. If, in making the determination, the Planning Director finds that the particular Use or class of Use VII.16 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 or characteristics of Use are of unusual or transitory nature, or are unlikely to recur frequently, and unless his determination is reversed on grounds of error on appeal to the Planning, Zoning and Appeals Board or the City Commission, the determination shall thereafter be binding on all officers and agencies of the city as an administrative ruling, and without further action on or amendment to the Miami 21 Code. Where the Planning Director finds, in making the determination, that the particular Use or class of Use or characteristics of Use are likely to be common or recurrent, and that omission of specific reference in the Miami 21 Code is likely to lead to public uncertainty and confusion, the Direc- tor shall initiate a proposed amendment to the Miami 21 Code to rectify the omission. Until final action has been taken on such proposed amendment, the determination of the Director shall be binding on all officers and agencies of the city as an interim administrative ruling. c. Appeal to Planning, Zoning and Appeals Board An appeal of a planning determination, if sought, shall be de novo and taken to the Planning, Zoning and Appeals Board, and must be initiated within fifteen (15) calendar days of the publica- tion of the determination on the City's official website. The appeal shall be filed with the Hearing Boards Office. The Board shall determine whether the administrative determination is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commis- sion, de novo and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.3 Zoning Interpretation Except where the Miami 21 Code specifically places responsibility in other officers or agencies, questions of interpretation of this Code shall first be presented to the Zoning Administrator. a. Notifications concerning interpretations. Upon making his interpretation, the Zoning Administrator shall notify the party requesting the interpretation, as well as any other officer or agency of the City likely to be affected by such rul- ing and all NET offices which shall, within five (5) days, distribute the zoning interpretation to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property, and the City shall post the interpretation on the City's official website. b. Appeal to Planning, Zoning and Appeals Board. An appeal of a zoning interpretation, if sought, shall be de novo and presented to the Planning, Zoning and Appeals Board within fifteen (15) calendar days of the publication of the interpreta- tion on the City's official website. The appeal shall be filed with the Hearing Boards Office. VII.17 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 The Planning, Zoning and Appeals Board shall determine whether the administrative interpreta- tion 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 Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.4 Warrant The Warrant permits those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant, upon review by the Planning Director or with the additional review of the Coordinated Review Committee. a. Prior to submitting an application for a Warrant, the prospective applicant shall meet in a preap- plication meeting with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. b. Required notice and hearing. At the time of submitting the application to the Department of Planning, the applicant shall notify all Abutting property owners, including those across a street or alley, by certified mail. In the case of Abutting condominiums, only one notice to the condominium association need be sent. Additionally, at the time of submitting the application, the applicant shall obtain from the Depart- ment of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office, and official representatives of all such registered associations, by certified mail, of the application. Neighbor- hood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The applicant shall submit the certified receipts from all notices to the Department of Planning at the time of application. The decision on a Warrant shall be posted on the City website within five (5) days of the written decision. c. Review and approval process. 1. The Planning Director shall review each submitted application for a Warrant for completeness. If the Warrant application involves a project in excess of two hundred thousand (200,000) square feet of floor area, it shall be referred to the Coordinated Review Committee, which shall review the application and provide its comments and recommendations to the Planning Director. 2. Applications for projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review by the Coordinated Review Committee, unless the Planning Director determines that review by the Coordinated Review Committee is necessary. Where there is no referral to the Coordinated Review Committee, the Planning Director shall issue an intended deci- VII.18 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 sion within twenty-one (21) calendar days of a determination that the application is complete. The applicant shall have seven (7) calendar days from receipt of the notice of the intended decision to request a conference with the Planning Director to discuss revisions or additional information regarding the application. Within ten (10) calendar days of the conference, or if no conference is requested, the Planning Director shall issue written findings and deter- minations regarding the applicable criteria set forth in this section and any other applicable regulations. The applicant and the Planning Director may mutually consent to an extension of the time for issuance of the final decision. The findings and determinations shall be used to approve, approve with conditions or deny the Warrant application. 3. The Planning Director shall approve, approve with conditions or deny the Warrant application, but in no event shall a Warrant be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. Approvals shall be granted when the applica- tion complies with all applicable regulations; conditional approvals shall be issued when the applications require conditions in order to be found in compliance with all applicable regula- tions; denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. The decision of the Director shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the Warrant to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property, and the City shall post on the City's website. The Director shall include a citation to the legal authority for any denial of a Warrant. 4. A Warrant shall be valid for a period of two (2) years during which a building permit or Certifi- cate of Use must be obtained. This excludes a demolition or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director. d. Review criteria. As appropriate to the nature of the Warrant involved and the particular circumstances of the case, the following criteria shall apply to a Warrant application. The application shall be reviewed for compliance with this Code. The review shall consider the intent of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses. The review shall also apply Article 4, Table 12, Design Review Criteria, as applicable e. Appeal to the Planning, Zoning and Appeals Board. Appeal of the determination of the Planning Director shall be de novo and taken to the Planning, Zoning and Appeals Board. An appeal shall be filed with the Hearing Boards Office within fifteen (15) calendar days of the posting of decision by the Planning Director on the City's website. The Board shall determine whether the Warrant is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Com- mission, de novo and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. VII.19 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 Code, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. a. Specific Waivers are described in the various articles of this Code, and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in which each Waiver appears in this Code. 1. Parking reductions for Elderly Housing or forAdaptive Reuses in Community Redevelopment Areas (Article 3, Section 3.6.1. and 3.6.7). 2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c) 3. Setbacks for the property to be developed to match the dominant Setback in the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g, 5.6.1.g and 5.8.1.g) 4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k). 5. Barbed wire fences in D1, D2 and D3 (Article 3, Section 3.7.2). 6. Review of Development within Neighborhood Conservation Districts for compliance with NCD regulations (Appendix A). 7. The relaxation of Setbacks or required Off-street Parking for preservation of natural features of land (Article 3, Section 3.13.1.e). 8. Decrease of required parking by thirty percent (30%) within the half -mile radius of a TOD (Article 4, Table 4). 9. Reduction of setbacks for one-story, non -habitable accessory structures in T3. (Article 5, Section 5.3.1.h) 10. Substitution of loading berths (Article 4, Table 5). 11. Required parking within one thousand (1,000) feet of the site that it serves (Article 4, Table 4 12. Extensions above maximum Heights for church spires, steeples, belfries, monuments, water towers, flagpoles, vents, ornamental Building features, decorative elements, or similar Struc- VI I.20 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 tures. (Article 3, Section 3.5.3, Article 5, Sections 5.3.2.f; 5.4.2.g; 5.5.2.h; 5.6.2.h, 5.9.2.g and 5.10.2.g). 13. Encroachment of mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment for existing Buildings (Article 5, Sections 5.3.2.d and 5.4.2.d). 14. Service and Parking access from Principal Frontage (Article 5, Sections 5.4.2.e, 5.5.2.e and 5.6.2.f). 15. Pedestrian and vehicular entry spacing. (Article 5, Section 5.5.1.f, 5.5.4.e, 5.6.1.f and 5.6.4.g). 16. Adjustments to Building spacing and to Setbacks above the eighth floor for Lots having one dimension one hundred (100) feet or less (Article 5, Section 5.6.1.h). 17. Adjustments to Building Disposition in Cl. (Article 5, Section 5.7.2.4.d). 18. Industrial Uses requiring additional Height in D2 and D3 (Article 5, Section 5.9.2.f and 5.10.2.f). 19. Primary and Secondary Frontage Parking placement (Article 5, Sections 5.5.4.d, 5.5.4.e, 5.6.4.d and 5.6.4.e). 20. Reduction of reservoir parking space (Article 6). 21. Gas Station Building Frontage requirement (Article 6). 22. Modifications in Setbacks up to fifty percent (50%) when Liner Uses are provided along park- ing Structures in Major Sports Facility. (Article 6, Table 13). 23. Replacement or reconstruction of a nonconforming Structure (other than Single -Family, du- plex or multi -family) destroyed by natural disaster, explosion, fire, act of God, or the public enemy. (Article 7, Section 7.2.2.b). 24. Alterations to nonconforming Single Family or duplex Structures to enlarge a nonconformity affecting the exterior of the Building or premises. (Article 7, Section 7.2.3). 25. Development of Single Family or duplex Structures on certain nonconforming Lots in T-3 zones. (Article 7, Section 7.2.7). 26. Modification to nonconforming Off-street Parking facilities involving restoration or rehabilita- tion of an existing Building or an adaptive Use. (Article 7, Section 7.2.8). 27. Modification of the landscaping of nonconforming signs. (Article 7, Section 7.2.9.5). 28. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, Waivers up to ten percent (10%) of any particular standard of this Code except Density, Intensity and Height, may be granted when doing so promotes the intent of the particular Transect Zone where the proposal is located; is consistent with the guiding principles of this Code; and there is practical difficulty in otherwise meeting the standards of the Transect Zone, or when doing so promotes energy conservation and Building sustainability. The inability to VII.21 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 achieve maximum Density, Height, or floor plate for the Transect shall not be considered grounds for the granting of a Waiver. This Waiver cannot be combined with any other speci- fied Waiver of the same standard. b. Prior to submitting an application for an administrative Waiver, the prospective applicant shall meet in a preapplication meeting with the Zoning Administrator to obtain information and guid- ance as to matters related to the proposed application. c. Required notice and hearing. At the time of submitting the application to the Office of Zoning, the applicant shall notify all Abutting property owners, including those across a street or alley, by certified mail. In the case of Abutting condominiums, only one notice, by certified mail, to the condominium association shall be sent. Additionally, at the time of initial application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and official repre- sentatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The applicant shall submit the certified receipt(s) from all notices to the Office of Zoning at the time of submitting the application. The decision on a Waiver shall be posted on the City website within five (5) days of the written decision. d. Review criteria and approval process. The Zoning Administrator shall review the Waiver application, as required under this Code, in regard to compliance with the standards applicable to the specific Waiver and guiding principles in Article 2 of the Miami 21 Code. Recommendations and findings from the Planning Director shall be forwarded to the Zoning Administrator when applicable or when requested by the Zoning Administrator. The review by the Planning Director shall apply Article 4, Table 12 Design Review Criteria, as applicable. Based on these findings, and the applicable findings and determinations of the Zoning Administrator, the Zoning Administrator will issue a final decision on the Waiver request within ten (10) calendar days of receiving the Planning Director's recommendation and findings. The application shall be approved, approved with conditions or denied. A citation to the legal authority shall be included for any denial of a Waiver. In no event shall a Waiver be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Zoning Administrator shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the Waiver to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property, and the City shall post on the City's website. Approvals shall be granted when the application complies with all applicable regulations; condi- tional approvals shall be issued when such applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if, after conditions and safeguards have been considered, the application still fails to comply with all VII.22 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 applicable regulations. e. Appeal to the Planning, Zoning and Appeals Board. Appeal of the determination of the Zoning Administrator shall be de novo and taken to the Plan- ning, Zoning and Appeals Board. An appeal shall be filed with the Hearing Boards Office within fifteen (15) calendar days of the posting of decision on the City's website. f. A Waiver 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 time extension, for a period not to exceed an additional year, may be obtained upon approval by the Zoning Administrator. 7.1.2.6 Exception As identified in Article 4, Table 3 of this Code, a Use may be permitted by Exception in specific Transect Zones if it conforms to criteria of this Miami 21 Code. Exceptions may also be permitted as provided in this Code, such as for adjustments to nonconformities as provided in section 7.2. Except as otherwise provided in this Code, the Planning, Zoning and Appeals Board shall determine whether an Exception may be granted. a. Prior to submitting an application for an Exception under this Code, the prospective applicant shall meet in a preapplication meeting with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. The Plan- ning Director may request the attendance of other city departments to assist the applicant in submitting a complete preliminary application. b. Review by Planning Director and Coordinated Review Committee. 1. The Planning Director shall determine if a submitted preliminary application is complete for purposes of further review. 2. If the Exception preliminary application meets or exceeds two hundred thousand (200,000) square feet of floor area it shall be referred to the Coordinated Review Committee, which shall review the preliminary application and provide its comments and recommendations to the Planning Director. 3. Projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review by the Coordinated Review Committee, unless the Planning Director and Zoning Administrator determine that review by the Coordinated Review Committee is necessary. 4. As appropriate to the nature of the Exception involved and the particular circumstances of the case, the following criteria shall apply to an application for an Exception. The application shall be reviewed for compliance with the regulations of this Code and a traffic study shall be provided as required by the Planning Director. The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses and shall apply Article 4, Table 12 Design Review Criteria, as applicable. VII.23 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 5. The Director shall prepare recommendations and certify the preliminary application and ac- companying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board. Upon filing with the Office of Hearing Boards the application shall be placed on the agenda of the Planning, Zoning and Appeals Board. c. Decision by the Planning, Zoning and Appeals Board. 1. Notice and hearing. A quasi-judicial hearing shall be held on the application for Exception. The City shall notify all owners of property within five hundred (500) feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Review and findings. The Planning, Zoning and Appeals Board shall give full consideration to the Planning Direc- tor's recommendations, and shall determine whether to grant an application for Exception, to grant with conditions and safeguards or to deny the application. The Planning, Zoning and Appeals Board shall issue written findings that the applicable requirements of the Miami 21 Code have or have not been met. In no event shall an Exception be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Planning, Zoning and Appeals Board shall include an explanation of the code require- ments for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the Exception to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property, and the City shall post on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of an Exception. VII.24 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when such applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if, after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. d. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be de novo applying the Exception criteria in this Code and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.6.c. of this Code. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. e. An Exception shall be valid for a period of two (2) years during which a building permit or Certifi- cate of Use must be obtained. This excludes a demolition or landscape permit. A one (1) time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. 7.1.2.7 Variance a. Variance defined; limitations. A Variance is a relaxation of the terms of the Miami 21 Code, and is permitted only in those ex- ceptional circumstances when such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the Miami 21 Code would result in unnecessary and undue hardship on the property. A Variance shall be authorized only for Lot size, Lot Coverage, dimensions of side or rear Setbacks, parking and loading requirements, and Open Space requirements. Variances shall be prohibited for anything not included in the listing above, except as specifically provided by this Code. A Variance from the terms of the Miami 21 Code shall not be granted unless and until every mitigating measure to offset the impact of the relaxed requirement can be shown to have been taken. Regulations of this Miami 21 Code that are not eligible for adjustment by Variance may be eligible for administrative Waiver. See section 7.1.2.5. Unachievable maximum Density, Height, or floor -plate, nonconforming Use of neighboring lands, Structures or Buildings in the same Transect, and permitted Use of lands, Structures or Buildings in any other Transect, shall not be considered grounds for the granting of a Variance. b. Criteria for approval. An application for a Variance shall be approved only if it demonstrates all of the following: VII.25 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 1. Special conditions and circumstances exist that are peculiar to the land, Structure or Build- ing involved and that are not applicable to other lands, Structures, or Buildings in the same Transect; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. Literal interpretation of the provisions of the Miami 21 Code deprives the applicant of rights commonly enjoyed by other properties in the same Transect Zone and results in unnecessary and undue hardship on the applicant; 4. Granting the Variance requested conveys the same treatment to the individual owner as to the owner of other lands, Buildings or Structures in the same Transect Zone; 5. The Variance, if granted, is the minimum Variance that makes possible the reasonable Use of the land, Building, or Structure; and 6. The grant of the Variance is in harmony with the general intent and purpose of the Miami 21 Code, and is not injurious to the Neighborhood, or otherwise detrimental to the public. 7. The Variance if granted, is consistent with the applicable criteria as set forth in Article 4, Table 12 as such relates to the particular location for which the Variance is being sought. c. Prior to submitting an application for a Variance under this Code, the prospective applicant shall meet with the Zoning Administrator and the Planning Director in a preapplication meeting to obtain information and guidance as to matters related to the proposed application. d. Review by Planning Director. The Planning Director shall determine if a submitted preliminary application for a Variance is complete. Upon making a completeness determination, the Planning Director shall prepare rec- ommendations, and shall certify the preliminary application and accompanying recommendations to be filed with the Hearing Boards Office for consideration by the Planning, Zoning and Appeals Board. e. Review by the Planning, Zoning and Appeals Board. 1. Notice. A quasi-judicial hearing shall be conducted by the Planning, Zoning and Appeals Board on the Variance application. Formal public notice of hearing by the Planning, Zoning and Appeals Board of the application shall be issued. The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial applica- tion. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register VII.26 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Decision by the Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning Director, conduct a quasi-judicial hearing, and shall issue written findings that the application meets or does not meet the applicable criteria allowing for a Variance from the regulations of the Miami 21 Code. In no event shall a Variance be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Plan- ning, Zoning and Appeals Board shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the Variance to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property, and the City shall post on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of a Variance. 3. Conditions and safeguards. In any Variance, the Planning, Zoning and Appeals Board may prescribe appropriate mitigating conditions and safeguards in conformity with the Miami 21 Code. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the Miami 21 Code and grounds for revocation of the Variance. f. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be made to the City Commission, as a de novo hearing, and as set forth in section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.7.e. of this Code. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. g. A project for which the Variance has been obtained 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 demoli- tion or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. VII.27 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. 1. When a CI zoned property ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, and rezoning to that Zone's next higher Intensity Zone. 2. For a property of nine (9) acres or more, a successional change shall require a Special Area Plan as described in Article 3. 3. For all successional zoning changes of less than nine (9) acres, refer to the table below. TRANSECT ZONE FLR SUCCESSIONAL ZONE FLR T1 -- T1 -- T2 -- N/A -- T3 -- T4, CI -- T4 -- T5, CI -- T5 -- T6-8, CI 6 T6-8 5 T6-12. CI 8 T6-12 8 T6-24a, CI 7 T6-24a 7 T6-24b, CI 16 T6-24b 16 T6-36a, CI 12 T6-36a 12 T6-60a, CI 11 T6-48a 11 T6-60a, CI 11 T6-60a 11 T6-60b, CI 18 T6-48b 18 T6-60b, CI 18 T6-36b 22 T6-60b, CI 18 T6-60b 18 N/A, CI -- T6-80 24 N/A, CI -- CI -- Abutting Zones CI -HD 8 T6-24 7 D1 -- T6-8*, T5, CI, D2 5 (T6-8)* or -- all others D2 -- D1, CI -- D3 -- T6-8L, T6-8 0, CI -- * The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity. VII.28 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text of this Code. 1. Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans) may only be applied for at two times of the year, which times shall be set yearly by the City Commission. A rezoning to a CS Transect Zone, and any rezoning initiated by the City shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall make recommendations to the City Commission for such amendments to the Miami 21 Code. 2. Every two years, the City may conduct a comprehensive review of the Miami 21 Atlas to evaluate the development direction of the City's neighborhoods and determine if additional amendments are appropriate. 3. Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. c. Applications for rezoning (Miami 21 Atlas amendment). 1. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Applications for rezoning may be made by: (a) The City Commission; (b) The Planning, Zoning and Appeals Board; (c) Any other department, board or agency of the City; (d) Any person or entity other than those listed in (a) through (c), above, provided that only the owner(s) or their agent(s) may apply for the rezoning of property. 2. Applications for rezoning made pursuant to (d) above shall be made on an application form as provided by the City which shall require, at a minimum, the following information: (a) Location of the property, including address and legal description (b) Survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application, including acreage. (c) Affidavit and disclosure of ownership of all owners and contract purchasers of the property, including recorded warranty deed and tax forms of the most current year. For corpora- tions and partnerships, include articles of incorporation, certificate of good standing, and authority of the person signing the application. Non-profit organizations shall list members of the Board of Directors for the past year. (d) Certified list of owners of real estate within five hundred (500) feet of the subject property. (e) Present zoning of the property and Future Land Use designation of the property. (f) At least two photographs that show the entire property. (g) An analysis of the properties within a one-half mile radius of the subject property regarding the existing condition of the radius properties and the current zoning and Future Land Use designations of the radius properties. The analysis shall include photos of Building eleva- tions of both sides of the street extending three hundred (300) feet beyond all boundaries of the site. An aerial photo of the site and the radius properties shall be included. The VII.29 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate, in light of the intent of the Miami 21 Code and particularly in relation to effects on adjoining properties. d. Review of application for code amendments by Planning Director. 1. The Planning Director shall review each application for a code amendment and provide a recommendation and a statement in regard to how each of the criteria of this Code is met or not met. In the case of rezonings, the Director shall additionally review the application in regard to whether the land Use densities and intensities are compatible with and further the objectives, policies and land Uses in the Comprehensive Plan, and whether the criteria in 7.1.2.8.f are met. 2. A non -City applicant for rezoning shall obtain a Zoning Referral by the Zoning Administrator, and meet with the Planning Director and Zoning Administrator in a preapplication meeting prior to the applicant's submission of a preliminary application for rezoning. The Director shall review each preliminary application for rezoning for completeness. The Planning Director shall certify the preliminary application and his accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board. The applicant shall be responsible for filing the application with the Office of Hearing Boards. Upon filing with the Office of Hearing Boards, the application shall be placed on the agenda of the Planning, Zoning and Appeals Board. e. Review by the Planning, Zoning and Appeals Board. 1. Notice Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for a code amendment shall be issued in the following manner: The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and the official representatives of such registered associations, by certified mail, of the re- zoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. The City shall certify at the time of the hearing that notice as herein required was given to the VII.30 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Review, findings and recommendation. (a) The Planning, Zoning and Appeals Board shall give full consideration to the Director's recommendations, and shall evaluate whether an application for a code amendment should be granted, granted with modifications or denied. (b) The Board shall conduct a hearing on text amendments and make its recommendations based on whether the criteria in this section are met. (c) The Planning, Zoning and Appeals Board shall conduct a quasi-judicial public hearing on rezoning applications, and make its recommendations based on whether the criteria in this section are met. f. Criteria. g. The recommendations of the Planning, Zoning and Appeals Board shall show that the board has considered and studied the application in regard to the following criteria: 1. For all amendments: (a) 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. (b) The need and justification for the proposed change, including changed or changing con- ditions that make the passage of the proposed change necessary. 2. For rezonings: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. 3. For Special Area Plan rezonings: Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.9. City Commission action on Planning, Zoning and Appeals Board recommendations. 1. Notice and hearings. Upon receipt of the findings and recommendations regarding code amendments by the VII.31 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 Planning, Zoning and Appeals Board, the City Commission shall hold at least two advertised public hearings on the proposed code amendments. Notice shall be given as follows: The City shall notify all owners of property within five hundred (500) feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing by the City Commission at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and the official representatives of such registered associations, by certified mail, of the re- zoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code and by state statute. 2. Adoption. In the case of all proposed Miami 21 text or Miami 21 Atlas amendments, if the recommen- dation of the Planning, Zoning and Appeals Board is adverse to the proposal, such rezoning shall not be adopted except by the vote of at least three members of the City Commission. The City Commission may, by a vote of not less than three (3) members, approve the rezon- ing of property to a Transect Zone of less Intensity than that applied for in situations where, in the opinion of the commission and upon the recommendation of the Planning Director, the specific rezoning applied for would work to the detriment of the health, safety or welfare of the surrounding Neighborhood, whereas a rezoning to a Transect Zone of less Intensity would not. In no event shall a rezoning be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the City Commission shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office and posted on the City's website. The City Commission shall include a citation to the legal authority for any denial of a rezoning. VII.32 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 3. Failure of City Commission to act. If a recommendation of the Planning, Zoning and Appeals Board is not legislatively decided within twelve (12) months from first reading by the City Commission, the application upon which the report and recommendation are based shall be deemed to have been denied. However, for amendment to the Comprehensive Plan and its corresponding Miami 21 Atlas amendment, the time period will be extended an additional twelve (12) months. In both in- stances, the provisions of sections 62-54 and 62-55 of the City Code will not apply unless otherwise required by the City Commission. No day of the month of August shall be counted in the administration of this section. 4. Limitation on further consideration after denial. Whenever the City Commission has denied an application for the rezoning of property, the Planning, Zoning and Appeals Board shall not thereafter: (a) Consider any further application for the same rezoning of any part or all of the same property for a period of eighteen months from the date of such action; (b) Consider an application for any other kind of rezoning on any part or all of the same property for a period of twelve months from the date of such action; or (c) Consider an application for rezoning that involves the same owner's property within two hundred (200) feet of property granted a change within a period of twelve (12) months. 5. Limitation on further consideration after rezoning. Whenever the City Commission has rezoned property, the Planning, Zoning and Appeals Board shall not thereafter consider any petition for rezoning of all or any part of the same property for a period of eighteen (18) months from the date of such action. 6. Limitation on further consideration after voluntary withdrawal of application. Whenever an applicant has voluntarily withdrawn an application for rezoning of property during either first or second reading before the City Commission, the Planning, Zoning and Appeals Board shall not thereafter consider an application for the same property for eighteen (18) months from the date of such action, nor consider an application for any kind of rezoning of any part or all of the same property for twelve (12) months from the date of such action. 7. Waiver of time limits. The time limits set forth in this subsection g. may be waived by a vote of at least three (3) members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or any portion thereof. 7.1.2.9 Sign Permits a. Application. Except for classes of signs exempted from permit requirements as specified in Article 10, all signs shall require permits. Applications for such permits shall be made, on forms provided VII.33 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 by the city, and in addition shall provide at a minimum the following information: 1. A drawing to scale showing the design of the Sign, including the dimensions, Sign size, method of attachment, source of illumination, and showing the relationship to any Building or Structure to which it is, or is proposed to be, installed or placed, or to which it relates; 2. Afully dimensional Lot plan, drawn to scale, indicating the location of the Sign relative to Prop- erty Line, right-of-way, streets, sidewalks, and other Buildings or Structures on the premises; 3. Number, size and location of all existing signs upon the same Building, Lot or premises, if applicable; and 4. Any other information required, if any, by the Florida Building Code. b. Permit identification required to be on Sign. Any Sign requiring a permit or permits shall be clearly marked with the permit number or numbers and the name of the person or firm responsible for placement of the Sign on the premises. c. Approval of sign permit. A sign permit may be approved by the Zoning Administrator if the re- quirements and criteria set forth in this Code have been met; all other necessary approvals, if any, have been obtained; and all required fees have been paid. d. Transferability of sign permit. Permits, permit numbers or permit applications and attachments shall not be transferable to other sites. They are valid only for a specific Sign Structure at the specifically designated location subject to change of copy limitations in Article 10. If at any time a Sign Structure is altered, removed or relocated in a manner different from the terms of the sign permit, the sign permit will become void, unless otherwise provided in this code. 7.1.3 Application and Review Process Generally, the application and review process for By Right permits, Warrants and Waivers, Excep- tions, Variances and rezonings are as illustrated in Article 7, Diagram 14. 7.1.3.1 Informal Consultation Prior to submitting any application for a permit under this Code, the prospective applicant may informally consult with the Zoning Administrator and the Planning Director to obtain information and guidance concerning the proposed application, the general application requirements and the plan review process. The prospective applicant for plan review under section 7.1.3.2 may request informal consultation regarding the proposed plan prior to the required pre -application process. No statement made or information exchanged during the informal consultation shall be binding on the city or the applicant. 7.1.3.2 Generally a. The Zoning Office shall direct an applicant for a permit under this Code to the appropriate office for the review of the permit application by issuing a Zoning Referral. Preapplication package forms for specific permits shall be provided by the city administration to assist the applicant in the review and approval process. For all applications, the following information shall be required 1. Names and addresses of the record owners, the applicant, and the person preparing the application, and the signatures of each. Statement of ownership or control of the property, VII.34 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 executed and sworn to by the owner or owners of one hundred percent (100%) of the property described in the application, or by tenant or tenants, with owner's written sworn -to -consent, or by duly authorized agents, evidenced by a written power of attorney if the agent is not a member of the Florida Bar. 2. Evidence of authority by the record owners for submission of the application, and identifica- tion of the applicant's relationship to the owner if the applicant is not the record owner. 3. Legal description and a certified land survey of the proposed site boundaries. The survey shall be performed in accordance with Florida Administrative Code, and dated within one year proceeding the filing date of the application, providing such survey reflects all current conditions of the subject property. The land survey shall be reviewed by the Department of Public Works and baseline information shall be provided by the Department to the applicant prior to review of the preapplication package at the preapplication meeting. 4. Any information required for notice of a hearing or administrative decision pursuant to this Miami 21 Code. 5. Proof of any pending code enforcement action or municipal liens on the property. 6. Payment of required fees and charges. 7. Phased project. A phased project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any such project shall establish the maximum development capacity for the subject property. At the time of qualification by the Planning Director and Zoning Administrator, the project shall be owned by a single entity or subsidiaries of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (1) project for the purpose of calcu- lating all zoning requirements. A phased project must be qualified by the Planning Director and Zoning Administrator, at the written request of the property owner. b. The Zoning Administrator, or the Planning Director, as appropriate, shall make a determination as to the completeness of the preapplication package prior to its further review. c. When any combination of a Warrant, Waiver or Exception is requested for a particular project, one application for the highest ranking permit shall be sufficient for review, and lower ranking approvals need not be applied for separately. Although only one application is required to be filed, the project must meet the criteria for all the approvals requested. Applications shall be ranked as follows: Waivers, Warrants, and Exceptions. Special Area Plans, Variances, and amendments to the Miami 21 Code shall always require separate applications and approvals. The approval of any administrative permit shall be contingent on the approval of all permits requiring public hearing, and the appeal period for any required administrative approval shall be stayed pending the approval of the last permit requiring public hearing. 7.1.3.3 For By Right permits, the applicant shall also provide a complete set of plans, signed and sealed as required by the Florida Building Code, which should include: a. Location plan at minimum scale of 1:200, of project within Neighborhood structure as shown in VII.35 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 Zoning Atlas, including plat plan of Neighborhood and Building footprints of Neighborhood or superimposition of project on aerial photograph. b. Dimensioned site plan(s) including: 1. Lot Lines and Setbacks. 2. Location, shape, size and Height of existing and proposed Building construction and land- scaping. 3. Location of Off-street Parking, loading facilities, waste collection areas, and all above ground utilities. 4. Location and design of any signage. 5. Indication of any site or Building design methods used to conserve energy. 6. Abutting area extending three hundred (300) feet beyond Property Lines including street design from project Building Facade to Building Facade across the street, including sidewalk, swale if any, street trees, and on -street parking pavement. c. Landscape plans including specification of plant material, location and size. d. Floor plans and elevations of all Structures, including total gross square foot area of each floor and all dimensions relating to the requirements of this Code. e. Figures indicating the following: 1. Lot area. 2. Amount of green space or Open Space, trees, and pervious and impervious pavement in square feet and percentage required and provided. 3. Amount of building coverage at ground level in square feet and percentage required and provided. 4. Total square footage of all built areas, categorized by Use. 5. Parking required and provided. 6. Total number of dwelling units. 7. Other design data as may be needed to evaluate the project. 7.1.3.4 Plan Approval Required for Warrants, Waivers, Exceptions and Variances a. Requirements. Plan approval is required for any Structure or premises to be constructed, changed, converted, enlarged or moved, wholly or partly, by Warrant, Waiver, Exception or Variance. The plan shall VII.36 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 be reviewed as part of the preapplication package for the Warrant, Waiver, Exception, or Vari- ance. If plan approval is required, the plan shall show that the Structure or Use, or both, or the affected part thereof, are in conformity with the provisions of this Miami 21 Code. b. Preapplication Meeting. After receiving a Zoning Referral and a preapplication package from the Zoning Office for a War- rant, Waiver, Exception, or Variance under this Code, the prospective applicant shall meet in a preapplication meeting to obtain information and guidance as to matters related to the proposed application. No statement made or information exchanged during the pre -application meeting shall be binding on the City or the applicant. The Planning Director (or the Zoning Administrator in the case of a Waiver) shall ensure that representatives of potentially affected City departments or agencies are present at the meeting and shall, if deemed necessary, extend invitations to attend and participate in the meeting to potentially affected agencies or officers of Miami -Dade County, the state or the federal government. The Zoning Administrator shall be responsible for the preapplication meeting in the case of a Waiver. The preapplication meeting may be continued for the review of further information that may be necessary to enable the applicant to submit a complete preliminary application. Insofar as possible, the applicant shall be given guidelines at the pre -application meeting in regard to: 1. Any referral to other governmental officers or agencies that may be necessary either before or after filing application for permit requested. 2. Any required Comprehensive Plan amendments or zoning changes. 3. Any Waivers which may be required for the proposed project. 4. Information regarding the plan process and information that the Zoning Administrator or Director deem pertinent to the application. 5. Any other matters that are deemed pertinent to the application. 6. Estimate of fees. c. Upon completion of the pre -application meeting, the applicant if required shall submit an applica- tion for preliminary plan approval with the Planning Department or Zoning Office, as applicable, on forms provided by the City. The Planning Department or Zoning Office as applicable shall initiate review of the preliminary plan application and determine that the preliminary plan application is complete. d. Materials to be submitted with the application shall include maps, plans, surveys, studies and reports that may reasonably be required to make the necessary determinations called for in the particular case, in sufficient copies for referrals and records, including those materials listed in section 7.1.3.3, and may include other materials such as traffic studies and other documents relative to the application, as deemed necessary by the Planning Director or Zoning Administra- tor, as applicable. VII.37 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 e. A preliminary plan application shall be deemed complete at the time: 1. It is on a form approved by the city, and all applicable information is provided by the applicant on the form, or attachment(s), as necessary, at the time of its filing and; 2. It has been reviewed and signed by the appropriate official and; 3. All required fees are paid. f. The Planning Department or Zoning Office shall review the submitted application pursuant to the standards of this Code. If further review is necessary by the Planning, Zoning and Appeals Board or the City Commission, the Planning Director shall prepare recommendations and certify the application and recommendations to be filed with the Office of Hearing Boards. The applicant is responsible for filing the application for a hearing, along with the Planning Director's certifica- tion, with the Office of Hearing Boards. 7.1.3.5 Modifications to Applications Requiring Public Hearing a. Modifications to applications after processing begins. An applicant may modify an application filed with the Office of Hearing Boards after processing begins and prior to the public hearing if the modifications are not substantial. Otherwise, a new application must be made and fee paid. Whether a proposed modification is substantial shall be determined by the Zoning Administrator, according to whether the requested modification requires a Variance or Exception. b. Modifications subsequent to notice of hearing. 1. After notice has been given of a public hearing before the Planning, Zoning and Appeals Board, or City Commission, as the case may be, no change shall be made in the original ap- plication which would have the effect of creating substantial differences between the matter advertised and the matter upon which the hearing is actually held. 2. Upon completion of the public hearing by the Planning, Zoning and Appeals Board, or City Commission, as the case may be, no proposed amendment shall be recommended or adopted which is substantially different from the proposal for which the public hearing was held. c. Modifications to a plan approved under this Miami 21 Code. Minor modifications may be made to a plan approved by Warrant, Variance or Exception under the Miami 21 Code upon the applicant's submission of a letter explaining the need for correc- tions, payment of the fee established by the adopted fee schedule, and written approval of the Planning Director. Minor modifications include: 1. Those changes that meet Transect regulations and do not change the manner of operation of the approved site; or 2. Those changes that can be approved by Waiver; or VII.38 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 3. Changes in the project phasing. At the time of its approval, the entire project shall be owned by a single entity or its subsidiaries, and shall occupy contiguous lands, separated only by streets or alleys; or 4. An increase in height not exceeding five (5) feet or 5% of the approved height; or 5. Movement of the footprint of the building not more than ten (10) feet in any horizontal direc- tion. All applications for minor modifications to an approved plan shall be reviewed in light of their cumulative effect on the original approved plan, taking into account building disposition, con- figuration, function, and other Code standards. The minor modification shall meet the criteria of Table 12. Except for minor modifications, the plan may be amended only pursuant to the procedures and standards established for its original approval. d. Modifications to special permits and Variances approved under a previous code. 1. An applicant may modify a special permit approved under a previous zoning code, as a minor modification through the Warrant process. The components being modified after modification shall be in compliance with this Code, even though the remainder of the approved develop- ment plan is not in full compliance with this Code, and shall not increase previously approved overall Development Capacity. 2. The special permit may be amended with modifications that the Planning Director determines not to be minor, and variances may be modified according to the following procedures: (a) Class I Special Permits shall be amended pursuant to Chapter 62 of the City Code. (b) Class 11 Special Permits shall be amended as a Warrant. (c) Special Exceptions and Major Use Special Permits shall be amended as an Exception (d) Variances may be modified as a Variance. 3. In all Special Permit cases, the City shall recognize any rights to develop that may be vested under legal principles of equitable estoppel, and may allow changes to a previously approved phased Special Permit that has begun construction (other than under a demolition or landscape permit), applying the standards of the previous code for all phases. Where those changes to an approved phased Special Permit to the greatest extent possible conform to the standards of this Code, the review shall be conducted by Warrant; otherwise the review of the changes shall be conducted as an Exception. The owner of property which has a previously approved phased Special Permit nonetheless may choose to submit a new application for approval pursuant to the Miami 21 code. 4. The expiration date for any Class II Special Permit, Major Use Special Permit or Variance approved under the Zoning Ordinance 11000 in effect immediately prior to the date of adop- tion of this Miami 21 Code may, upon application to the Director by the owner, be extended from its existing expiration date as follows: (a) Class II Special Permits, Special Exceptions and Variances shall be permitted no more than one (1) time extension for a period not to exceed twelve (12) months. VII.39 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 (b) Major Use Special Permits shall be permitted no more than three (3) time extensions for each time extension period not to exceed twenty-four (24) months. 5. Nothing in this Code shall divest a previously approved Development of Regional Impact from any development rights obtained as a result of its approval under a Chapter 380, Florida Statutes. e. Phased project: At the time of its approval, the entire project shall be owned by a single entity or its subsidiaries, and shall occupy contiguous lands, separated only by streets or alleys. Changes in the phasing of such a project may be approved as a minor modification if approved by the Zoning Administrator, building official and Planning Director. f. Complete applications pending at the effective date of this Code shall be reviewed under the provisions of Ordinance 11000 as existing at the date of adoption of this Code. 7.1.3.6 Approvals granted in error do not authorize violation of this Code; corrections required. a. An approval issued in error shall not confer any rights to construction or occupancy. b. No approval shall be construed to authorize violation of any provisions of this Code, and such approval shall be valid only to the extent that the work authorized is lawful. c. Issuance of a building permit based upon a site plan shall not prevent the Zoning Administrator from thereafter requiring correction of errors in the plan. 7.1.3.7 No Approval Available if Code Enforcement Violations. No approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, or is the subject of a notice of viola- tion of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would cure the outstanding violation. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. 7.1.3.8 Resubmission and Withdrawal of Applications Requiring Public Hearing. a. Whenever an application has been denied, the city shall not thereafter consider the same ap- plication for any part or all of the same property for a period of eighteen (18) months from the date of the denial. b. Whenever an applicant has voluntarily withdrawn an application after the application has been scheduled for a public hearing, the city shall not thereafter consider the same application for the same property for eighteen (18) months from the date of the withdrawal. c. The time limits set by paragraphs a. and b. above may be waived by a vote of not less than three VII.40 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 (3) members of the decision making body when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or portion thereof. d. If an application is on file for more than six (6) months without activity by the applicant, it shall be deemed withdrawn. 7.1.4 Quasi -Judicial Procedures 7.1.4.1 Intent The intent of this section is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision -making process for the review of certain applications that require quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision -making process in quasi-judicial hearings. 7.1.4.2 Applicability These procedures shall apply to all applications in which the City Commission or Planning, Zoning and Appeals Board acts in a quasi-judicial capacity for recommendations or final decisions as to Exceptions, Variances, Special Area Plans and rezoning; and to appeals to the City Commission or Planning, Zoning and Appeals Board on Warrants, Waivers, zoning approvals and Certificates of Use. These procedures do not apply to administrative decisions made by City staff on Warrants or Waivers, zoning approvals, sign permits or Certificates of Use, except upon the appeal of the administrative decision to the Planning, Zoning and Appeals Board. 7.1.4.3 Definitions The following words, terms and phrases, when used in this section, shall have the following mean- ings ascribed to them, except where the context clearly indicates a different meaning: a. Applicant shall mean the owner of record, the owner's agent, or any person with a legal or eq- uitable interest in the property for which an application or appeal thereof has been made and which is subject to quasi-judicial proceedings, and shall mean the staff when the application is initiated by the city. b. Competent substantial evidence shall mean testimony or other evidence based on personal ob- servation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion. c. Decision -making body shall mean the City Commission or the Planning, Zoning and Appeals Board, as the case may be, that makes a recommendation or decision on an application or de - VI I.41 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 cides the appeal. d. Intervenor shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. e. Material evidence shall mean evidence that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application. f. Participants shall mean members of the general public, other than the Applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an application. g. Party shall mean the Applicant, the city staff, and any person recognized by the Decision -making body as a qualified Intervenor. h. Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the application. 7.1.4.4 General procedures a. Each Party shall have the right to call and examine witnesses, to introduce exhibits, to cross- examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence. b. Staff shall have the responsibility of presenting the case on behalf of the City. The staff report on the application shall be made available to the Applicant and the Decision -making body no later than five (5) days prior to the quasi-judicial hearing on the application. c. Official file. All written communication received by Decision -making body or staff concerning an application, the staff report on the application, any petitions or other submissions from the public, and all other documents pertaining to the application upon receipt shall be filed in the official file for the application, which shall be maintained by staff. The Comprehensive Plan, this Code and the City Code shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. d. The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall identify the hearing as quasi-judicial and indicate where copies of the procedures that apply may be obtained. 7.1.4.5 Hearing procedures a. The hearing shall, to the extent possible, be conducted as follows: 1. The Chair or City Attorney shall read a statement at the beginning of the quasi-judicial hear- ing portion of the agenda, which shall outline the procedure to be followed. A copy of the procedures shall be made available at the hearing. VII.42 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 2. The members of the Decision -making body shall disclose any ex parte communications re- garding the application. Such disclosure by the commissioner shall remove the presumption of prejudice from ex parte communications pursuant to Fla. Stat. 286.0115. 3. The Applicant, staff, and all Participants requesting to speak shall be collectively sworn by oath or affirmation. 4. The Applicant may waive its right to an evidentiary hearing if it agrees with the staff recom- mendation and no one from the audience wishes to speak for or against the application. The Decision -making body may then vote on the item, based upon the staff report and any other materials entered by staff from the official file into the record of the hearing. 5. If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the chair agrees to a different order, taking proper consideration of fairness and due process: (a) Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file that have not already been transmitted to the decision -making body with the agenda materials, as staff desires; summarize issues; and make a recom- mendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. (b) The Applicant shall make its presentation, including offering any documentary evidence, and introduce any witnesses as it desires. (c) Participants shall make their presentations in any order as determined by the chair. (d) Staff may cross-examine any witnesses and respond to any testimony presented. (e) The Applicant may cross-examine any witnesses and respond to any testimony presented. (f) The chair may choose to allow Participants to respond to any testimony if the chair deems the response to be necessary to ensure fairness and due process. (g) Members of the Decision -making body, through the Chair, may ask any questions of the staff, Applicant and Participants. (h) Final argument may be made by the staff, related solely to the evidence in the record. (i) Final argument may be made by the applicant, related solely to evidence in the record. b. Aqualified Intervenor may make a presentation, conduct cross-examination and make final argu- ments in the order as decided by the chair. c. The chair shall keep order, and without requiring an objection, may direct a Party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined; is unduly repetitious or is not relevant; or is beyond the scope of the testimony by the individual being cross-examined. If the Party conducting the cross-examination continuously violates directions from the chair to end a line of questioning VII.43 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the chair may terminate the cross-examination. d. After the presentations, and at the conclusion of any continuances, the Decision -making body shall deliberate on the application or appeal, as the case may be. Once the Decision -making body begins its deliberations, no further presentations or testimony shall be permitted except in the sole discretion of the Decision -making body. The Decision -making body's decisions must be based upon Competent substantial evidence in the record. e. The Decision -making body may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The Applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the sole discretion of the decision - making body. 7.1.4.6 Rules of evidence a. The Decision -making body shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. b. The chair may exclude evidence or testimony which is not Relevant, Material, or competent, or testimony which is unduly repetitious or defamatory. c. The chair, with the advice of the City Attorney, will determine the relevancy of evidence. d. Matters relating to an application's consistency with the Comprehensive Plan or Miami 21 Code will be presumed to be Relevant and Material. e. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objec- tion in a court. f. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the Decision -making body and to the staff no later than two business days prior to the hearing on the application. Upon request, the Applicant and staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. g. Only the Applicant, qualified Intervenor, staff and the Decision -making body shall be entitled to conduct cross-examination when testimony is given or documents are made a part of the record. h. The City Attorney shall represent the Decision -making body and advise it as to the procedures to be followed and the propriety, relevancy and admissibility of evidence presented at the hearing. i. The Decision -making body shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. j. Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically autho- VII.44 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 rized by an affirmative vote of the Decision -making body under the following conditions: 1. The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the application or the appeal. 2. If a question is raised by the Decision -making body at the hearing which cannot be answered at the hearing, the Party to whom the question is directed may submit the requested infor- mation in writing to the Decision -making body after the quasi-judicial hearing, with copies to the other Parties, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the Decision -making body. The information requested will be presented to the Decision -making body at the time of the continued hearing. 3. All Parties and Participants shall have the same right with respect to the additional informa- tion as they had for evidence presented at the hearing. 7.1.4.7 Final decision by the Decision -making body The Decision -making body shall reach a decision without unreasonable or unnecessary delay, which it shall adopt in writing. The written decision shall note the date issued and shall indicate the date filed in the City Clerk's office. The Office of Hearing Boards shall provide the Applicant notification of the decision by certified mail. 7.1.4.8 The record All evidence admitted into the record at the hearing, and the adopted development order of the Decision -making body shall be maintained by the City Clerk in a hearing file for a period of at least forty-five days (45) from issuance of the decision. 7.1.5 Appeals Appeals to the appropriate appellate body from the following decisions shall be made as follows: a. Fifteen (15) days from the posting on the city website of the decision of the Zoning Administra- tor on an application for zoning interpretation or Waiver, and fifteen (15) days from the denial or revocation of a Certificate of Use: to the Planning, Zoning and Appeals Board. b. Fifteen (15) days from the posting on the city website of the decision of the Planning Director on a Warrant or planning determination: to the Planning, Zoning and Appeals Board. c. Fifteen (15) days from the decision of the Planning, Zoning, and Appeals Board on an Exception or a Variance: to the City Commission. d. Fifteen (15) days from the decision of the Planning, Zoning and Appeals Board on a zoning in- terpretation appeal, denial or revocation of a Certificate of Use appeal, planning determination appeal or Warrant appeal: to the City Commission. VII.45 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 e. Thirty (30) days from the appellate decision of the City Commission on a zoning interpretation appeal, denial or revocation of a Certificate of Use appeal, planning determination appeal, War- rant appeal, Variance appeal or Exception appeal: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. f. Thirty (30) days from the decision of the City Commission on a code amendment: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. 7.1.6 Notice of Hearings Notice of hearings shall be as set forth in Chapter 62 of the City Code or as set forth in the Miami 21 Code. 7.1.7 Unity of Title 7.1.7.1 When required The owner of a property shall submit a Unity of Title in recordable form to the Office of Zoning provid- ing that all of the property encompassing the Lot upon which the Building and appurtenances are to be located shall be held together as one (1) tract of land and providing that no part or parcel shall be conveyed or mortgaged separate and apart from the Lot, as set forth under the Building Permit in the following cases: a. Whenever a Development site consists of more than one (1) Lot, whether the combination of Lots is required to meet minimum zoning requirements or the Development site is not platted as a single Development site. b. Whenever a Unity of Title is required by an ordinance or resolution adopted by the City Commis- sion. c. Whenever the City of Miami requires a Unity of Title be executed as a condition to the issuance of any Variance or permit or prior to acceptance of any terms of an agreement. 7.1.7.2 Specific requirements a. The owner shall provide a certificate of ownership by an opinion of title from an attorney licensed to practice law in the State of Florida. Said opinion of title, which shall be from the point of begin- ning, shall be based upon an abstract brought up within ten (10) days of the requirement that such Unity of Title be recorded. b. The opinion of title shall include the names and addresses of all mortgagees and lien holders, the description of the mortgages or liens, if applicable, and the status of all real estate taxes due and payable. c. The Unity of Title shall be executed with the same formality and manner as a warranty deed under the laws of the State of Florida. VII.46 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 d. Prior to submission of a Unity of Title, the owner shall conduct a lien search with the Office of Hearing Boards and the Department of Finance and comply with any code enforcement viola- tions and satisfy any outstanding liens, if applicable, due to the City. 7.1.7.3 Approval No Building Permit shall be issued until the required Unity of Title has been approved by the Zoning Administrator, as to Zoning requirements, in a legal form acceptable to the City Attorney and upon proper recording in the Miami -Dade County Public Records at the Owner's sole expense. 7.1.7.4 Release Any Unity of Title required by this section shall not be released, except as specified in the legal instrument used to record said Unity of Title. Any Unity of Title agreement which does not contain a release clause or procedures for release, may be released by the Zoning Administrator, in a form acceptable to the City Attorney, upon a determination by the Zoning Administrator that the Unity of Title is no longer necessary (i.e. a release may be proper due to a replat of the properties united or the removal of any encroachments which necessitated the unity). In the absence of such a deter- mination, the Unity of Title shall be released only by resolution of the City Commission. Releases approved pursuant to this section shall be recorded in the public records of Miami -Dade County, Florida, at the property owner's sole expense. 7.1.7.5 Recording The owner shall be solely responsible for the costs of recording the Unity of Title in the Public Records of Miami -Dade County. The Owner shall also be responsible for an administrative fee of $3.50 which shall be payable to the City upon submission of the Unity of Title to the Office of Zoning. 7.1.7.6 Covenant in lieu of Unity of Title Whenever a Unity of Title is required, pursuant to this section, a covenant in lieu thereof shall be acceptable provided that said covenant conforms to all of the following requirements: a. Where multiple Buildings on a single site exist, or for properties which contain multiple owners on a single site, the City may accept a covenant in lieu of Unity of Title. The acceptance of said covenant shall require the approval of the Zoning Administrator and any other City officials that may be required by the Zoning Administrator. The acceptance of a covenant in lieu of Unity of Title will not constitute a subdivision of land for purposes of this article. The Zoning Administrator shall evaluate the request for submittal of a covenant in lieu of Unity of Title and the informa- tion supplied with regard to its impact on the community. In evaluating the request, the Zoning Administrator may confer with representatives of other departments or agencies, as may be necessary. b. If a negative impact on the community exists, the request for submittal of the covenant in lieu of Unity of Title shall be denied. c. If no negative impact on the community exists, the Zoning Administrator may approve the cov- enant in lieu of Unity of Title. VII.47 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 d. In determining whether a negative impact on the community exists, the Zoning Administrator shall review: 1. The off-street parking and loading facilities related to adjacent streets, including ingress and egress to the subject property, with particular importance on pedestrian safety, convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 2. The utilities on the subject property. 3. The maintenance of the subject property. e. A covenant in lieu of Unity of Title shall not be accepted for residential properties in T3 Transects (Single Family and Two -Family Residential). f. The covenant in lieu of Unity of Title, approved for legal form and sufficiency by the City Attor- ney, or designee, shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. The covenant in lieu of Unity of Title shall contain the following elements: 1. That in the event of multiple ownership subsequent to the approval of the covenant in lieu of Unity of Title, each of the subsequent owners shall be bound by the terms, provisions and conditions of the covenant. The owner shall further agree not to convey portions of the subject property to such other parties unless and until the owners and such parties shall have executed and mutually delivered, in recordable form an instrument to be known as an "easement and operating agreement" which shall include, but is not limited to: (a) Easements in the common area of each parcel for ingress to and egress from the other parcels; (b) Easements in the common area of each parcel for the passage and parking of vehicles; (c) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (d) Easements for access roads across the common area of each parcel to public and private roadways; (e) Easements for the installation, use, operation, maintenance, repair, replacement, reloca- tion or removal of utility facilities in appropriate areas in each such parcel; (f) Easements on each parcel for construction of buildings and improvements in favor of each other parcel; (g) Easements upon each parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations; (h) Easements on each parcel for attachment of Buildings; (i) Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, mar- quees, canopies, lights, lighting devices, awnings, wing walls and the like; (j) Appropriate reservation of rights to grant easements to utility companies; (k) Appropriate reservation of rights to road rights -of -way and curb cuts; (I) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and VII.48 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 g. (m) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Of- fice of Zoning, or their designees, if the provisions are inapplicable to the subject property. In addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be modified or amended by such parties (or the applicable association governing such par- ties) without approval or joinder by the directors, or their designees, if it will be constructed, conveyed and operated in accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. 2. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended. The remaining requirements as discussed in this Article concerning a Unity of Title shall also ap- ply to a covenant in lieu of a Unity of Title. 7.1.7.7 Recorded agreements between parties superseded by covenants in lieu of Unity of Title Whenever a covenant in lieu of Unity of Title is drafted which makes specific reference to and pro- vides new conditions, requirements and limitations for any characteristic or aspect of use pertaining to the subject property, such new covenant shall supersede any other existing agreements regulating such matters, or shall be accepted as a substitute for any agreements required from the applicant pertaining to joint or shared facilities. VII.49 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 7.2.1 Generally a. Definition b. A nonconformity as used in this Code is an existing Use, Structure, Lot or site improvement that is in compliance with the zoning regulations that were applicable to it when it was established, and for which all required permits were issued, but which does not conform in whole or in part to the regulations of this Code. Such nonconformity is legal and may continue except as regulated by this section. 1. A nonconformity may also be created where the lawful use of eminent domain or an order of a court of competent jurisdiction has affected the lawfully existing Use, Structure, Lot or site improvement in a way so that the property does not comply with this Code. In this instance, the nonconformity is legal and may continue except as regulated by this section. 2. A change in tenancy, ownership, or management of a nonconforming Use, Structure, Lot or site improvement shall not be construed to create a nonconformity, provided the change is otherwise lawful and in compliance with this Code. Intent concerning nonconformities generally. It is the intent of this Code that nonconformities may continue but are not encouraged to expand or enlarge, and once they cease they may not be re-established, except under the terms of Sec- tion 7.2. c. The existence of nonconformity shall not be used as a reason to add new Uses, Structures, or site improvements that are not allowed by the regulations of the Transect Zone in which it is located. d. The temporary or illegal Use of property shall not be sufficient to establish the existence of a nonconformity or to create rights in the continuation of a nonconformity until it shall come into compliance with the regulations of this Code. e. If at any time a nonconforming Structure, or any Structure containing a nonconforming Use, becomes unsafe or unlawful by declaration of the City of Miami, Miami -Dade County Unsafe Structures Board, or other government agency having jurisdiction, the Structure shall not there- after be restored or repaired and the Use shall not be reestablished except in conformity with the regulations of the Transect Zone in which it is located. 7.2.2 Structures and Uses in the Event of Disaster a. Single -Family Residences, Duplexes and Multi -Family Structures In the event of a natural disaster, explosion, fire, act of God, or the public enemy, the Zoning Administrator may permit the reconstruction of any nonconforming Single -Family Residence, VII.50 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 duplex or multi -family structures to the same or decreased nonconformity as existed immediately prior to the disaster, upon proof satisfactory to the Zoning Administrator of the configuration of the prior Single -Family Residence, duplex or multi -family structures, and only in compliance with the Florida Building Code. An application for reconstruction of the Single -Family Residence, duplex or multi -family structures shall be filed within twelve (12) months of the event of its destruction, unless the City Commission authorizes the Zoning Administrator to extend the twelve (12) month time period city-wide. b. All Other Structures 1. Where a nonconforming Structure is destroyed by natural disaster, explosion, fire, act of God, or the public enemy, the Zoning Administrator may, by Waiver, allow the replacement or reconstruction of the nonconforming Structure in whole or in part upon finding that the Waiver criteria of this Code and the criteria of paragraph 2 below are met. 2. Criteria for approval. Replacement or reconstruction may be permitted if the following find- ings are made. (a) The cause of destruction was not the deliberate action of the owner of the Structure or his agents. (b) The replacement or reconstruction is reasonably necessary to allow the conforming Use of the Structure. (c) The replacement or reconstruction meets the Florida Building Code. 3. An Application for the reconstruction or repair shall be filed within a period of twelve (12) months from the date of the destruction unless the City Commission authorizes the Zoning Administrator to extend the twelve (12) month time period city-wide. c. Nonconforming Uses 1. The restoration of a nonconforming Use within a Structure that is destroyed by natural di- saster, explosion, fire, act of God, or the public enemy, may be approved by Warrant. The Use must be restored in a conforming Structure or Structure approved by Waiver, and of equal or lesser size and on the same Lot. The approval shall further find that the criteria of paragraph 2 below are met. 2. Criteria for approval. The restoration of the nonconforming Use may be permitted if all of the following are found to be met: (a) The cause of destruction was not the deliberate action of the owner of the Structure or his agents; and (b) Nothing contained in the provisions of this Code or the City Code requires termination of such nonconforming Use; and (c) There is substantial public advantage in continuance of the nonconforming Use; and VII.51 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 (d) Replacement or reconstruction in the manner proposed, with related actions imposed in conditions and safeguards, will reduce any previous adverse effects of the Use on neighboring properties; and (e) The Use will not be enlarged or intensified. 3. The application for restoration shall be filed within twelve (12) months of destruction and be diligently carried to completion. Unless restoration is so initiated and completed, the noncon- forming Use shall terminate and not be resumed. 7.2.3 Alterations and Expansion of Nonconforming Structures a. Single -Family Residences and Duplexes 1. Interior alterations to a nonconforming Single -Family Residence or duplex for interior work such as repairs or interior remodeling shall be allowed. 2. Alterations, additions, repairs and maintenance to a nonconforming Single -Family Residence or duplex shall be permitted as long as there is no enlargement of any nonconformity that affects the exterior of the Building or premises. 3. Where alteration, addition, repair or maintenance enlarges a nonconformity affecting the exterior of the Building or premises, the enlargement may be permitted by Waiver from the Zoning Administrator. b. All other Structures 1. Less than fifty percent (50%) of square footage of Structure. Alterations which enlarge the nonconformity of a nonconforming Structure to an extent of less than fifty percent (50%) of the total square footage of the nonconforming Structure may be permitted by Exception from the Planning, Zoning and Appeals Board. 2. Fifty percent (50%) or more of square footage of the Structure. A nonconforming Structure may be altered to enlarge the nonconformity of the Structure by fifty percent (50%) or more of the total square footage of the nonconforming Structure only if the Structure thereafter conforms to the Transect Zone in which it is located. c. Computation of alterations The extent of alteration will be calculated to include the sum of all alterations over a period of three consecutive years. d. Expansion, repairs, remodeling and maintenance that do not enlarge the nonconformity of a nonconforming Structure All expansions, repairs, remodeling and maintenance that do not enlarge the nonconformity of the Structure are permitted consistent with the Florida Building Code. VII.52 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 7.2.4 Moving a Nonconforming Structure on the Same Lot A nonconforming Structure may be moved on the same Lot only pursuant to an Exception. In addi- tion to satisfying the Exception criteria, the following criteria apply: a. The proposed movement must reduce the degree of nonconformity to the maximum extent rea- sonably feasible, or eliminate the nonconformity; b. The Structure shall in no case be moved in such a manner as to increase the degree of noncon- formity; and c. Where a nonconforming Structure is moved to a location not on the same Lot, the Structure and all new construction shall thereafter conform to the regulations for the Transect Zone to which it is moved. 7.2.5 Locally Designated Historic Resources—Nonconformities a. Definition A locally designated historic resource is a Building or Structure listed in the Miami Register of Historic Places that has been deemed individually significant for its contribution to Miami's his- tory and sense of place; or is a part of a locally designated historic district where the individual Building or Structure is deemed to add to the historic architectural qualities or historical associa- tions, and the Building or Structure has been so designated through the formal public process provided in Chapter 23 of the City Code. b. Generally Nonconforming locally designated historic resources shall be subject to the regulations of this section, except as they may be granted certain waivers or an exception for preservation purposes by the Historic and Environmental Preservation Board pursuant to Chapter 23 of the City Code. 7.2.6 Nonconforming Uses a. Time Limitation Where, at the effective date of adoption or amendment of this Code, a lawful Use exists which would not be permitted under this Code, the Use may be continued for twenty (20) years from the date the Use first became legal noncomforming and consistent with the regulations of this section. The Use shall not be allowed to continue automatically upon expiration of the twenty (20) years. Upon application, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to twenty (20) years. However, accessory parking abutting T3-R areas that were approved as transitional Uses under prior zoning codes and were legally nonconforming prior to the adoption of this Code will not have a continued automatic twenty-year (20) extension as provided in this section, but shall instead seek an Exception before the City VII.53 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 Commission within sixty (60) days of renewal of a Certificate of Use. b. Legally established alcoholic beverage establishments, having a valid Certificate of Use or certifi- cate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a church or school within the distance limitations of Chapter 4 entitled "Alcoholic Beverages" of the City Code. c. Replacement and Expansion of Structures that Contain Nonconforming Use 1. No enlargement, extension, replacement, or reconstruction of an existing Structure which contains a nonconforming Use shall be permitted except to change the Use to a conforming Use, except as provided below: (a) Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structure which was clearly designed or arranged for the nonconforming Use at the time that the Use became nonconforming. If a portion of a Structure was unoccupied or not manifestly designed for the nonconforming Use, the Use may not be expanded within the Structure. (b) Alterations to the extent of less than fifty percent (50%) of the square footage of a Struc- ture containing a nonconforming Use Where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of alteration, the nonconforming Use may be permitted to continue pursuant to an Exception. (c) Exterior No nonconforming Use which exists outside a Structure shall be extended to occupy more area than was occupied at the time the Use became nonconforming, except as approved by Exception and to comply with the non Use regulations of the Transect in which it is located. In this case, the occupancy of the new location shall be construed as remaining a nonconforming Use. 2. Extending / Transferring the Nonconforming Use No nonconforming Use shall be extended to occupy any other Structure on the same Lot or parcel if the other Structure was not used for the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural additions Structures used for nonconforming Uses shall not be subdivided, nor shall any Structures be added on the premises, except for conforming Uses and Structures. d. Discontinuance or Abandonment of a nonconforming Use If, for a period of more than six (6) months, a nonconforming Use is documented as being dis- VII.54 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 continued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regulations of this Code. Provided, however, the time period shall not include any time during which the discontinuance is caused by governmental action which impedes access to the premises. 7.2.7 Nonconforming Lots a. Nonconforming Lot A nonconforming Lot may continue and may be used as provided by this section. A noncon- forming Lot is one shown on the latest recorded plat or described by deed, both as recorded in the public records of Miami -Dade County, which met the width, length and area requirements in effect when the Lot became of record, and which Lot would not conform to the requirements of this Code. b. Street or alley closure When a Lot has become nonconforming due to a street or alley vacation or closure, the Lot may be modified pursuant to an approval by the Director of the Public Works Department as long as the degree of nonconformity created by the vacation or closure is not increased. c. Rules concerning combinations of contiguous nonconforming Lots in the same ownership and with common Frontage for T3 Transects only. 1. Combinations required (a) If two or more Lots, or combinations of Lots and portions of Lots, with continuous Front- age in the same ownership exist at the time of passage or amendment of this Code, and if all or part of the Lots do not meet the requirements for Lot width and area, the lands involved shall be considered an "undivided parcel" for the purposes of this Code. Except as provided below in paragraph c.2., no portion of an undivided parcel shall be used or sold in a manner diminishing compliance with general Transect requirements for Lot width and area. (b) The undivided parcel shall be considered one Lot for which only one Single -Family Resi- dence or duplex may be constructed, regardless of how many nonconforming Lots make up the parcel. (c) A unity of title, or covenant in lieu of unity of title, which complies with all applicable requirements of the City Code shall be required on all undivided parcels prior to the is- suance of any building permits, including demolition permits. 2. Exceptions to the combination requirement Notwithstanding paragraph c.1, where nonconforming Lots with continuous Frontage in the same ownership exist at the time of passage or amendment of this Code, such Lots may be developed individually, in accordance with the applicable code requirements and pursuant to a Waiver, if such Lots individually comply with any of the following exceptions. VII.55 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 (a) Duplex Lots restricted to Single -Family Residences The owner of two or more adjoining nonconforming duplex Lots must by covenant (in a form acceptable to the City Attorney) restrict the Use of the Lots to the development of no more than one Single -Family Residence per Lot and must comply with all Miami 21 Code requirements except for minimum Lot width. (b) The ninety percent (90%) rule The Lots must individually comply with ninety percent (90%) of the requirements for Lot width, area, and Principal Front Setback under the Miami 21 Code regulations. (c) The one thousand (1,000) feet radius rule The width or size of such nonconforming Lots must be equal to or larger than the majority of the existing Building sites within the same Transect Zones and either within a minimum one thousand (1,000) foot radius of the nonconforming Lot perimeter, or extending no fur- ther than the immediate vicinity, whichever is less. "Building site" shall mean a Lot, group of Lots or parcel upon which a Single -Family Residence or duplex is located. "Immediate vicinity" shall mean either an area in which a parcel of land is located that is physically, functionally or geographically identifiable as a distinct realm, place or neighborhood, or an area within a radius of one-half mile from the nonconforming Lot, whichever is smaller. 7.2.8 Nonconforming Site Improvements Where nonconforming site improvements exist, such as Off-street Parking and loading, access, fences, walls, lighting, landscaping, or similar site improvements, such nonconformities may continue and the site may be altered only as provided below. a. No change shall be made in any nonconforming site improvement which increases the noncon- formity. Changes may be approved by Waiver, if the changes result in the same or a reduced degree of nonconformity b. Except in a T3 or T4-R Transect Zone or within an area of the City for which a parking trust fund has been established and is in effect pursuant to Chapter 35 of the City Code, where existing Off-street Parking is nonconforming to the requirements of this Code or any other City standards to any Use permitted in the Transect Zone, Adaptive Use, shall not require the provision of ad- ditional parking or on -site storm water retention or detention. If the prior Use of such structure was single-family, duplex, or lodging and the site abuts a T3 Transect Zone, the provision of additional parking shall be required as per the requirement of this Code. No modifications may be permitted which increase the degree of the existing nonconformity. Modifications to Off-street Parking may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of nonconformity to the extent reasonably feasible in the circumstances of the case. VII.56 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 7.2.9 Nonconforming signs The following provisions shall apply to nonconforming signs: 7.2.9.1 Removal, Repair or Replacement All legally built Monument Signs, Freestanding Signs or Signs above a height of fifty (50) feet that do not meet the provisions of Section 10.2, Table 15 or Section 10.3.6, shall be removed within five (5) years or as applicable. All other legal, nonconforming Signs shall be removed within one (1) year from original adoption of Article 10. Any modifications, repair, replacement, alteration, or Change of Copy that does not increase the Nonconformity is permitted consistent with the Florida Building Code. 7.2.9.3 Rescission The Zoning Administrator may rescind any permit granted under this section for failure to maintain such Sign in appropriate condition and repair. A rescission by the Zoning Administrator may be rendered after a sixty (60) day written notice from the City and a finding that no corrections to the violations have been made, and the decision by the Zoning Administrator may be appealed in ac- cordance with the procedures for appealing a Waiver. 7.2.9.4 Historic Signs Historic Signs as designated by the Historic Preservation Board pursuant to Chapter 23 of the City Code shall be permitted to remain and to be repaired, restored, structurally altered, or reconstructed as provided in Chapter 23. VII.57 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. VII.58 MIAMI 21 ARTICLE 8. THOROUGHFARES AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 8.1 GENERAL DESCRIPTION VIII.5 8.2 ILLUSTRATION: THE THOROUGHFARE ACROSS THE TRANSECT VIII.6 8.3 PUBLIC FRONTAGES VIII.7 8.4 ILLUSTRATION: SIDEWALKS VIII.9 MIAMI 21 ARTICLE 8. THOROUGHFARES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. VIII.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 8. THOROUGHFARES Amendments to Article 8 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13235 11-18-2010 Minorand non -substantial modificationsthroughout the Code 10-00956zt VIII.3 MIAMI 21 ARTICLE 8. THOROUGHFARES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. VIII.4 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 8. THOROUGHFARES 8.1 GENERAL DESCRIPTION This article describes the guidelines for development of Thoroughfares throughout the City. It supplements the design standards adopted in the City of Miami Manual of Engineering Standards for Design and Construction, maintained in its most current form at the City of Miami Department of Public Works. Where these guidelines conflict with the Manual, the standards of the Manual shall apply. The urban landscape is characterized by a set of interdependent elements that create a sense of place. These include Thoroughfare type, Building type, Frontage type, and the form and disposition of landscape and lighting. Thoroughfares provide the City with both the major part of public Open Space as well as moving lanes for vehicles, bicycles and transit. A Thoroughfare is associated with a particular type of movement, and is endowed with two attributes: movement type and character. The movement type of the Thoroughfare refers to the number of vehicles that can move safely through a segment within a given time period; it is physically manifested by the number of lanes and their width, by the centerline radius, the curb radius, and the super -elevation of the pavement. The character of the Thoroughfare refers to its suitability as a setting for pedestrian activities and is physically manifested by the associated Frontage types as determined by location within the Transect. Thoroughfares can be assigned appropriately to Transect Zones, with calibrated Right -of -Way widths, movement types, design speed, number of travel lanes, pavement width, curb radius and Verge type. In Zones T3 and T4, D1, D2 and D3, generally sidewalks occur at the edge of the Right -of -Way. In Zones T5 and T6, sidewalks occur at the edge of the Right -of -Way and are given the additional dimensions of the 10 foot setback in the First Layer. The following additional assumptions govern the Thoroughfares shown here: • To clear sight lines for drivers, Visibility Triangles shall be required as described in Article 3, Section 3.8.4.1 • Pavement widths are measured inside of curb to inside of curb. • Curb and gutter may range from 1'-6" for City Thoroughfares to 2'-0" for some County Thoroughfares. • Parking spaces range from 7'-0" to 9'-0" including pan; they should be wider on higher speed Thoroughfares but may be restricted by existing Right -of -Way dimensions. • Right turns may be taken from the parking lane. • Tree spacing is 22' on centerto match parallel parking or25' on centerto match Lot Line spacing. • Tree planters have a minimum dimension of 4' x 4', increased where possible to a 4' x 8' dimension. • Bulb -outs may be added where Thoroughfare widths are wide and design speed high, or where sidewalks are narrow, in order to facilitate pedestrian safety. Thoroughfares must evolve with the needs of the City. As Miami continues to grow, a Thoroughfare may change in character reflecting new density, or conversely, a return to an historic dimension. For instance, a continuous lawn planter may be replaced with individual tree wells for additional sidewalk space, or a wide neighborhood street may be narrowed to control traffic intrusion. The accommodation of bicycles and transit requires detailed response to the existing Thoroughfare condition and thus is not illustrated specifically here. VIII.5 MIAMI 21 ARTICLE 8. THOROUGHFARES AS ADOPTED - JANUARY 2018 8.2 Illustration: The Thoroughfare across the Transect INFORMAL LANDSCAPE AT SUB -URBAN AREAS CURB ENDS IN SUB -URBAN AREAS UNMARKED, NON -METERED PARKING LANE IN RESIDENTIAL AREAS FRONTAGE SETBACKS INCREASE AS MOVE FROM URBAN TO SUBURBAN AREAS TREE PLANTING STRIPS FOR LESS URBAN CONDITIONS CENTER STRIPE IN URBAN AREAS METERED PARKING IN COMMERCIAL AREAS METERS AND OTHER VERTICAL ELEMENTS ALIGNED NEATLY WITHIN VERGE TREE PLANTERS LARGE TO ALLOW MAXIMUM WATER PERCOLATION PAVE ENTIRE WIDTH FOR MIXED USE AREAS AND/OR HIGH PEDESTRIAN TRAFFIC AREAS INCREASE RIGHT OF WAY TO ALLOW A MINIMUM PEDESTRIAN AREA OF 10' CLEAR PAINTED CROSS WALK MORE RURAL MORE URBAN VIII.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 8. THOROUGHFARES TABLE A PUBLIC FRONTAGES 8.3 Public Frontages R U R A L I I I I I I I I I I I I I I I I T R A N S E C T I I I I I I I I I I I I I I I U R B A N TRANSECT ZONE Public Frontage Type I HW & RD RD & ST a. Assembly: The prin- cipal variables are the type and dimension of curbs, walkways, plant- ers and landscape. b. Curb: The detailing of the edge of the vehicular pavement, incorporating drainage. Type Radius c. Walkway:Thepavement dedicated exclusively to pedestrian activity. TAW J Open Swale 10-30 feet Type Path Optional d. Planter: The layer which accommodates street trees and other landscape. Arrangement Species Planter Type Open Swale 10-30 feet ST&DR Raised Curb 5-20 feet RS-ST-AV-DR Raised Curb 5-20 feet Sidewalk Sidewalk Clustered Clustered Regular Multiple Multiple Alternating Continuous Swale Continuous Swale Continuous Planter ST-AV-BV IL i Raised Curb 5-20 feet Sidewalk Regular Regular Single Single Continuous Planter Continuous Planter ST-AV-BV Raised Curb 5-20 feet Sidewalk Opportunistic, Regular Single Individual Planter Note: Appropriate types for Civic Zones shall be determined based on context and abutting Transect Zones. VIII.7 MIAMI 21 ARTICLE 8. THOROUGHFARES AS ADOPTED - JANUARY 2018 TABLE B PUBLIC FRONTAGES GENERAL 8.3 Public Frontages (continued) PLAN LOT R.O.W. PRIVATE FRONTAGE ► 1 PUBLIC FRONTAGE a. (HW) For Highways: This Frontage has open swales drained by percolation, bicycle trails and no park- ing. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms. b. (RD) For Roads: This Frontage has open swales drained by percolation and a walking path or bicycle trail along one or both sides and yield parking. The landscaping consists of multiple species arrayed in naturalistic clusters. c. (ST) For Street: This Frontage has raised curbs drained by inlets and sidewalks separated from the vehicular lanes by individual or continuous planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee. d. (DR) For Drive: This Frontage has raised curbs drained by inlets and a wide sidewalk or paved path along one side, related to a greenway or waterfront. It is separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee. e. (AV) For Avenues: This Frontage has raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by a narrow continuous planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced allee. f. (ST) (AV) For Mixed Use Streets or Avenues: This Frontage has raised curbs drained by inlets and very wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible. g. (BV) For Boulevards: This Frontage has slip roads on both sides. It consists of raised curbs drained by inlets and sidewalks along both sides, separated from the vehicular lanes by planters. The landscaping consists of rows of a single tree species aligned in a regularly spaced allee. Note: Appropriate types for Civic Zones shall be determined based on context and abutting Transect Zones. VIII.8 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 8. THOROUGHFARES 8.4 Illustration: Sidewalks 10' MIN L 4' MIN 6' 7' (+1-) 10 (+1-) PEDESTRIAN AREA VERGE PARKING 4X4 MIN TREE GRATE TRAFFIC SIGN LAMP POST PARKING METER NEWSPAPER BOXES LANE EQ. EQ. IDEAL CONDITION Sidewalk may be scored concrete. Verge may be permeable pavement. All vertical elements shall be located within verge and neatly aligned. 3' MIN 2' MI 7' (+l) 10' (+/-) i 6 PED. AREA JERG: PARKING 2' WIDE TREE AREA PARKING METER LANE EQ. EQ. LESS THAN IDEAL EXISTING CONDITION Sidewalk dimensions shall comply with A.D.A. standards. Narrow sidewalks should provide a 5'-0" X 5'-0" minimum passing space at reasonable intervals not to exceed 200 feet. See Chapter 11- 4.3 Florida Building Code. All vertical elements to be located within verge and neatly aligned. VIII.9 MIAMI 21 ARTICLE 8. THOROUGHFARES AS ADOPTED - JANUARY 2018 8.4 Illustration: Sidewalks (continued) 60' MIN RAMP 1:12 MAX FLUSH RAMP 1:12 MAX FLUSH Garage Entrance Spacing RAMP 1:12 MAX FLUSH Service Entrance Drive UI11.10 MIAMI 21 ARTICLE 9. LANDSCAPE REQUIREMENTS AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 9.1 INTENT AND PURPOSE IX.5 9.2 SHORT TITLE AND APPLICABILITY IX.6 9.3. PLANS REQUIRED IX.6 9.4 TREE REMOVAL AND PRESERVATION IX.8 9.5 MINIMUM STANDARDS IX.9 9.6 PLANT QUALITY IX.15 9.7 BUFFERS BETWEEN DISSIMILAR LAND USES IX.15 9.8 LANDSCAPED AREAS IN PARKING LOTS IX.15 9.9 STORMWATER RETENTION/DETENTION AREAS IX.16 9.10 LANDSCAPE PLAN REVIEW CRITERIA IX.17 9.11 PREPARER'S CERTIFICATION OF LANDSCAPE COMPLIANCE AT TIME OF FINAL INSPECTION IX.17 9.12 LANDSCAPE ADJUSTMENT IX.17 9.13 LANDSCAPE MAINTENANCE IX.18 9.14 PROHIBITIONS IX.18 9.15 ENFORCEMENT IX.19 IX.1 MIAMI 21 ARTICLE 9. LANDSCAPE REQUIREMENTS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. IX.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS Amendments to Article 9 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13177 05-23-2010 "Green" ordinances carried into Miami 21 10-00519 13235 11-18-2010 Minor and non -substantial modifications throughout the Code 10-00956zt IX.3 MIAMI 21 ARTICLE 9. LANDSCAPE REQUIREMENTS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. IX.4 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS 9.1 INTENT AND PURPOSE It is the intent of this article to establish minimum landscape standards for the City of Miami that enhance, improve and maintain the quality of the landscape, and to: a. Promote Florida Friendly landscaping principles through the use of drought tolerant plant species, grouping of plant material by water requirements, the use of irrigation systems that conserve the use of potable and non potable water supplies and restrictions on the amount of lawn areas. Florida Friendly landscape principles also promote planting the right plant in the right place and appropriate fertilization and mulching. b. Use landscape material, specifically street trees, to visually define the hierarchy of roadways, and to provide shade and a visual edge along roadways. c. Prevent the destruction of the City's existing tree canopy and promote its expansion. d. Provide for the preservation of existing Natural Forest Communities and specimen sized trees in conformance with existing City and County codes, as may be amended from time to time; re- establish native habitat where appropriate, and encourage the appropriate use of native plant materials in the landscape. e. Promote the use of trees and shrubs for energy conservation by encouraging cooling through the provision of shade and the channeling of breezes, thereby helping to offset global warming and local heat island effects through the added absorption of carbon dioxide and reduction of heat islands. f. Contribute to the processes of air movement, air purification, oxygen regeneration, ground water recharge, and stormwater runoff retention, while aiding in the abatement of noise, glare, heat, air pollution and dust generated by major roadways and intense use areas. g• Improve the aesthetic appearance of commercial, industrial and residential development through the use of appropriate plant materials, thereby protecting and increasing property values within the City, and protecting designated historic landscapes. h. Reduce the negative impacts of exotic pest plant species and prohibit the use of noxious exotic plants which invade native plant communities. i. Promote the use of trees to protect and buffer the effects of high winds on structures. j• Promote proper landscaping methods and selection of plant materials to avoid problems such as clogged sewers, cracked sidewalks and power services interruptions. IX.5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS 9.2 SHORT TITLE AND APPLICABILITY 9.2.1 Title a. This article shall be known and may be cited as the "City of Miami Landscape Ordinance". 9.2.2 Applicability a. This article shall be a minimum standard and shall apply to the City of Miami, and shall be en- forced by the City. b. The provisions of this article shall be considered minimum standards and shall apply to all public and private development when a permit is required, except for existing attached and detached single family and duplex dwellings, including any future additions or expansions shall be exempt from the provisions of this article. c. Existing development shall only be required to comply with the street tree requirements and parking lot buffers. Parking lot buffers will not be required if inadequate area exists which will cause the elimination of any required parking pursuant to the City code or Zoning Ordinance. The provisions of this subsection shall only apply where a building permit is required for expansion of parking areas. 9.3. PLANS REQUIRED 9.3.1 General Landscape plan(s) shall be approved by the Office of Zoning, and where required pursuant to this code, an irrigation plan shall be approved by the Building Department prior to the issuance of any building permit or paving for new parking areas or expansion of existing parking areas. 9.3.2 Landscape plans a. Owner - builder single family or duplex dwelling: Landscape plan(s) submitted for new one (1) family or duplex dwellings may be in the form of a plot plan or drawing prepared by the owner or the owner's representative, provided however, developments requiring review before the Urban Development Review Board shall provide Land- scape Plans prepared by, and that bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or drawings. b. All other development: The landscape plan for development other than provided for in 9.3.2 (a) above, shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or drawings. Preliminary landscape plans shall be provided as part of the submission for approval and shall: 1. Be drawn to scale and include property boundaries, north arrow, graphic scale, and date. 2. Include a vegetation survey, including an aerial photograph which outlines the subject site, provided at the same scale as the landscape plan. IX.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS 3. Delineate existing and proposed structures, parking spaces, driveways and other vehicular use areas, sidewalks, utilities, easements, height and voltage of power lines on the property or adjacent property. 4. Indicate the common and scientific name and quantity of plants to be installed using the "Landscape Legend" code format as prescribed by the Director of the Planning Department. 5. Identify all landscape features and non -living landscape materials. 6. Show all areas of vegetation required to be preserved by law, including but not limited to trees, specimen trees, native plant species, Natural Forest Communities, native habitats and wetlands. 7. Illustrate geologic, historic and archeological features to be preserved. 8. Depict stormwater retention/detention areas and areas excluded from maximum permitted lawn area. 9. Document Transect Zone, Net Lot area, maximum Lot coverage, required Open Space, and maximum permitted lawn area. 10. Complete Preparer's Statement of Landscape Compliance form. c. Final landscape plans submitted for permit shall include all of the above, as well as the following: 1. Afully completed, permanently affixed "Landscape Legend" as prescribed by the Director of the Planning Department. 2. Critical layout dimensions for trees, plant beds and landscape features. 3. Method(s) to protect and relocate trees and native plant communities during construction. 4. Planting details and specifications. 5. Irrigation plans, as required by this code. 6. Irrigation details and specifications, as required. 7. Notarized Preparer's Statement of Landscape Compliance form. 9.3.3 Vegetation Survey A vegetation survey shall be provided for all sites at the same scale as the landscape plan. The vegetation survey shall be accompanied by an aerial photograph which outlines the subject site without obscuring its features. The vegetation survey shall provide the following information: a. The accurate location and graphic representation, in relation to existing development, of all exist- ing trees of a minimum two (2) inch DBH or ten (10) foot height or, for native trees, of a minimum one and one-half (1 1/2) inch DBH or eight (8) foot height, including those which are proposed IX.7 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS to be removed, relocated or preserved on site in accordance with the requirements of this Code and Chapter 17 of the City Code. b. The boundaries of any Scenic Transportation Corridor, Environmental Preservation District, na- tive habitat, native plant community, native plant species, and/or Natural Forest Community and associated understory that exists on site, as determined by the City of Miami Commission or the Miami -Dade County Department of Environmental Resources Management. c. A table showing the following information: 1. The scientific and common name of each tree, each of which shall be numbered. 2. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH for all trunks. 3. An estimate of the height, canopy cover, and physical condition of each tree, and whether specimen tree(s) exist on site. 9.3.4 Irrigation Plans An irrigation plan shall be submitted if an irrigation system is required by this code or where an irriga- tion system is to be provided regardless of code requirements. Where a landscape plan is required, an irrigation plan shall be submitted concurrently. a. For a new one -family or duplex dwelling the irrigation plan may be indicated on a plot plan or a separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of lines and heads and pump specifications. b. All other development other than those provided in a subsection 9.3.4 (a) above shall: 1. Be drawn on a base plan at the same scale as landscape plan(s). 2. Delineate landscape areas, major landscape features, and hydrozones. 3. Delineate existing and proposed structures, parking areas or other vehicular use areas, access aisles, sidewalks, driveways, the location of utilities and easements, and similar features, 4. Include water source, design operating pressure and flow rate per zone, total volume required for typical depths of application, and application rate. 5. Include locations of pipes, controllers, valves, sprinklers, back flow prevention devices, rain switches or soil moisture sensors, and electrical supply. 6. Include irrigation details. 9.4 TREE REMOVAL AND PRESERVATION No person and no agent or representative thereof, directly or indirectly, shall cut down, destroy, move or effectively destroy through damaging any tree situated on any real property as described in Chapter IX.8 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS 17 of the City Code, without first obtaining approval and a tree removal permit. No permit for develop- ment activity shall be issued until it has been determined that no tree removal permit is required or that a valid tree removal permit has been issued in compliance with this article. The City of Miami Code Enforcement Department is responsible for administering and enforcing these provisions in accordance with Chapter 17 of the City Code. 9.5 MINIMUM STANDARDS The following standards shall be considered minimum requirements unless otherwise indicated: 9.5.1 Lawn Area (turf) a. Grass areas shall be planted in species well adapted to localized growing conditions in Miami - Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used, overseeding shall be sown for immediate effect and protection until coverage is otherwise achieved. b. Exclusions from maximum permitted lawn areas: 1. Stabilized grassed area used for parking; 2. Grassed areas designated on landscape plans and actively used for sports, playgrounds or picnic areas; 3. Grassed areas in the right-of-way; 4. Stormwater retention/detention areas planted in grasses which are very drought tolerant, as referenced in the Landscape Manual, as well as tolerant to wet soils. c. Maximum permitted lawn area for all zoning districts is referenced in Table A. Very drought tol- erant grasses and low growing native plants, including grasses and forbs, as referenced in the Landscape Manual, may be used as groundcover beyond the maximum permitted grass area specified in Table A. 9.5.2 Irrigation a. All newly -planted and relocated plant material shall be watered by temporary or permanent irri- gation systems until such time as they are established and subsequently on an as needed basis to prevent stress and die off in compliance with existing water restrictions. b. Irrigation shall be prohibited within native plant communities and Natural Forest communities, except for temporary systems needed to establish newly planted material. Temporary irrigation systems shall be disconnected immediately after establishment of plant communities. c. Irrigation systems shall be designed, operated, and maintained to: 1. Meet the needs of the plants in the landscape IX.9 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS 2. Conserve water by allowing differential operation schedules based on hydrozone. 3. Consider soil, slope and other site characteristics in order to minimize water waste, including overspray or overflow on to impervious surfaces and other non -vegetated areas, and off -site runoff. 4. Minimize free flow conditions in case of damage or other mechanical failure 5. Use low trajectory spray heads, and/or low volume water distributing or application devices. 6. Maximize uniformity, considering factors such as: i. Emitter types, ii. Head spacing, iii. Sprinkler pattern, and iv. Water pressure at the emitter. 7. Use the lowest quality water feasible (graywater shall be used where approved systems are available.) 8. Rain switches or other devices, such as soil moisture sensors, shall be used with automatic controls. 9. Operate only during hours and on days permitted under South Florida Water Management District rules. 10. Where feasible, drip irrigation or micro -sprinklers shall be used. 11. During dry periods, irrigation application rates of between one (1) and one and one-half (1 1/2) inches per week are recommended for turf areas. 12. If an irrigation system is not provided, a hose bib shall be provided within seventy-five (75) feet of any landscape area. 9.5.3 Trees a. Tree Size All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minimum caliper of two (2) inches at time of planting, except that thirty (30) percent of the tree requirement may be met by native species with a minimum height of ten (10) feet and a minimum caliper of one and one-half (1 1/2) inches at time of planting. b. Street tree size and spacing Street trees shall be of a species typically grown in Miami -Dade County which normally mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and IX.10 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this Article. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department. Street trees planted along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where present within seven (7) feet of the sidewalk. c. Power lines Where the height and location of overhead power -lines requires the planting of low growing trees, street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one-half (1 1/2) inches at time of planting, and shall meet the following requirements: 1. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees or tree/ shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of four (4) feet. 2. A maximum average spacing of twenty-five (25) feet on center. 3. Maturing to a height and spread not encroaching within five (5) feet of overhead power dis- tribution lines. 4. Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual. 9.5.4 Palms Palms which meet all of the following requirements shall count as a required street tree on the basis of one (1) palm per tree. a. Minimum canopy of fifteen (15) feet at maturity. b. Provided at an average maximum spacing of twenty-five (25) feet on center. c. A single trunk palm species with a minimum ten (10) inches DBH and a minimum of eight (8) feet of clear wood or gray wood. d. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. 9.5.5 Minimum Number of Trees The minimum number of required trees, in addition to street trees, is referenced in Table A. IX.11 MIAMI 21 ARTICLE 9. LANDSCAPE REQUIREMENTS AS ADOPTED - JANUARY 2018 TABLE A Zoning District Number of Trees Required Maximum Lawn Area Per Acre of Net Lot Area Per Lot Percent of Req. Open Space Sub -Urban T3-R 3 50% T3-L 3 50% T3-O 3 50% Urban General T4-R 28 40% T4-L 28 40% T4-O 28 40% Urban Center T5-R 22 20% T5-L 22 20% T5-O 22 20% Urban Core T6-R 22 20% T6-L 22 20% T6-O 22 20% District D1 22 20% D2 15 20% D3 15 20% Civic CI * *% CS N/A N/A *Requirements determined by most restrictive abutting Transect Zone IX.12 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS Where a conflict exists, the requirement imposing the higher standard shall apply. a. Urban Center and Urban Core Transect Zones. In Urban Center or Urban Core Transect Zones, if the minimum number of trees required cannot be reasonably planted on the ground level of the subject property, the applicant may plant twenty-five percent (25%) of the required trees on upper levels such as open recreation areas or exposed decks. b. Off -site tree planting. If the minimum number of trees required cannot be reasonably planted on the subject property, the applicant may enter into an agreement with the city, as approved by the department, to plant the excess number of required trees on public property within the City Commission district of the subject property. c. Tree trust fund. If the minimum number of trees required cannot be reasonably planted on the subject property, but as an alternative to the off -site tree planting option provided in subsection 9.5.5.b, the applicant shall contribute into the city's tree trust fund the sum of one thousand dol- lars ($1000.00) for each two (2) inch caliper tree required in accordance with Table A of section 9.5.5. A city resident with current proof of residency and homestead status shall contribute five hundred ($500.00) for each two (2) inch caliper tree required in accordance with Table A of sec- tion 9.5.5. d. Grassed areas that are to be used for organized sports such as football and soccer or other similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted toward calculating tree and maximum lawn area requirements. e. Trees shall be planted to provide shade to residential structures of a height of thirty-five (35) feet or less. At least two (2) required lot trees shall be positioned in the energy conservation zone as defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs as referenced in the Landscape Manual. f. Palms of a fourteen (14) foot minimum overall height and minimum caliper of three (3) inches at time of planting shall count as a required tree on the basis of two (2) palms -per tree, except as provided herein for palms used as of street trees. No more than thirty (30) percent of the minimum tree requirements shall be palms. g• Existing trees required by law to be preserved on site and that meet the requirements of Section 9.5.3, may be counted toward fulfilling the minimum tree requirements. h. Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree require- ments. Prohibited trees shall be removed from the site after obtaining approval of a tree removal permit. i. No less than thirty (30) percent of the required trees and/or palms shall be native species. j. No less than fifty (50) percent of the required trees shall be low maintenance and drought toler- ant species. k. Eighty (80) percent of the trees shall be listed in the Miami -Dade Landscape Manual, the Miami - Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list. IX.13 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS I. In order to prevent adverse environmental impacts to existing native plant communities, cabbage palms (Saba) palmetto) that are harvested from the wild shall not be used to satisfy minimum landscaping requirements. Only existing cabbage palms (Saba) palmetto) which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements. m. When trees are planted within the right-of-way, the owners of land adjacent to the areas where street trees are planted must maintain those areas including the trees, plants and sod, using pruning methods specified in this Code. A covenant executed by those owners is required, or a special taxing district must be created to maintain these areas. Where the State, County or municipality determines that the planting of trees and other landscape material is not appropriate in the public right-of-way, they may require that said trees and landscape material be placed on private property. n. Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. 9.5.6 Shrubs a. All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Shrubs shall be provided at ratio of ten (10) per required tree. 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. b. When used as a visual screen, buffer, or hedge, shrubs shall be planted at a maximum average spacing of thirty (30) inches on center or if planted at a minimum height of thirty-six (36) inches, shall have a maximum average spacing of forty-eight (48) inches on center and shall be main- tained so as to form a continuous, unbroken and solid visual screen within one (1) year after time of planting. Shrubs used as a buffer, visual screen, or hedge need not be of the same species. 9.5.7 Vines Vines shall be a minimum of twelve (12) inches in length immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. Planting of perimeter walls with vines is recommended as a deterrent to painting of graffiti. 9.5.8 Ground Cover Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after plant- ing. 9.5.9 Mulch a. Mulches shall be applied and maintained in accordance with the most recent edition of the Florida Yards & Neighborhoods Handbook titled "A Guide to Florida Friendly Landscaping" by the Uni- versity of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) and available online at IX.14 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS http://www.floridayards.org/landscape/FYN-Handbook.pdf. b. Cypress mulch shall not be used because its harvest degrades cypress wetlands. 9.6 PLANT QUALITY 9.6.1 Plants installed pursuant to this Code shall conform to, or exceed, the minimum standards for "Florida Number One" as provided in the most current edition of "Grades and Standards for Nursery Plants, Part I and II, " prepared by the State of Florida Department of Agriculture and Consumer Services. 9.6.2 Trees installed pursuant to this Code shall have one (1) primary vertical trunk and secondary branches free of included bark up to a height of six (6) feet above natural grade. 9.7 BUFFERS BETWEEN DISSIMILAR LAND USES Where dissimilar land uses exist on adjacent properties, and where such areas will not be entirely visually screened by an intervening building or structure from abutting property, that portion shall be provided with a buffer consisting of a six (6) foot wall or fence with a life expectancy of at least ten (10) years, or shrubs which normally grow to a minimum height of six (6) feet. Where chain link fencing is used, shrubs shall also be required. Said buffer shall form a continuous screen between the dissimilar land uses within one (1) year after planting. Buffers screening dissimilar uses shall include trees planted at a maximum average spacing of thirty (30) feet on center within a minimum five (5) foot landscaped strip. 9.8 LANDSCAPED AREAS IN PARKING LOTS All required and/or provided surface off-street parking facilities and parking lots shall be landscaped in accordance with the following standards: a. The total area of all interior landscaped areas shall not be less than ten (10) square feet for each parking space provided on the site. b. In order to maximize the distribution of shade, trees shall be planted throughout the interior of the parking lot at a minimum density of one (1) tree per eighty (80) square feet of landscaped area, exclusive of parking lot buffers. c. A landscaped area with a tree shall be required at the end of all parking rows, particularly when abutting an aisle or building. Planting areas for each tree shall have a minimum area of fifty (50) square feet and a minimum width of five (5) feet, exclusive of the curb dimension, and shall be planted or covered with other landscape materials. d. For each row of parking there shall be landscaped areas with trees within the first ninety (90) linear feet, and one (1) landscaped area provided with a tree for each additional ninety (90) linear feet. When a minimum six (6) foot clear landscape area is provided between two rows of parking, the landscape areas with trees every ninety (90) linear feet is not required. This six (6) foot wide landscape area shall be planted with trees no greater than thirty (30) feet on -center. e. For each row of parallel parking there shall be a minimum of two (2) landscape areas with trees IX.15 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS within the first seventy-five (75) linear feet, and one (1) landscape area with a tree for each additional seventy-five (75) linear feet. The landscape areas shall be equally spaced wherever possible. f. All required trees shall be of an approved shade tree variety which shall attain a minimum mature crown spread greater than fifteen (15) feet. g. All parking stalls, access aisles and driveways in a residential area shall be separated from any building by a minimum of thirty (30) inches and landscaped with shrubbery, ground -cover, or other suitable material. h. All parking lots adjacent to a right-of-way or private street shall be screened by a continuous planting and/or three (3) foot high wall with a seven (7) foot landscaped strip incorporating said planting and/or wall on private property. i. A landscape area that is a minimum of five (5) feet in width shall be provided when parking stalls, access aisles, or driveways are located along any side or rear lot line. The landscape areas shall be planted with a continuous hedge, and with trees no greater than thirty (30) feet on center, when the landscaped area does not abut a parking row. In certain instances, a solid and continuous masonry wall, a minimum of five (5) feet in height, whose surfaces are stuccoed, painted, tiled, or textured in such a way as to provide a decorative effect if approved, may be used in lieu of the landscape area. j. These requirements are in addition to any applicable required open space as provided in this Code. 9.9 STORMWATER RETENTION/DETENTION AREAS a. Stormwater retention/detention areas shall be designed to maximize the perimeter dimension, where feasible. b. Stormwater retention/detention areas shall be planted throughout with native herbaceous facul- tative plants, with the following exceptions: 1. In areas that are designated and actively used for play and/or picnic areas, overflow parking, or sports shall be planted with grasses which are very drought tolerant, as referenced in the Landscape Manual, as well as tolerant to wet soils. 2. In areas where the minimum required stormwater retention capacity would be adversely af- fected. c. The minimum required number of native herbaceous facultative plants shall be one (1) plant per square foot of retention/ detention area, including the slope. Minimum required herbaceous plant container size shall be one and one-half (1 1/2) inches, commonly, referred to as a liner. Sprig- ging, seeding, plugging, hydro -mulching or sodding with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting. IX.16 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS d. Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected. 9.10 LANDSCAPE PLAN REVIEW CRITERIA All landscape plans shall be reviewed by the Office of Zoning. Where existing trees lie within Natural Forest Communities, Environmental Preservation Districts, and/or Scenic Transportation Corridors, landscape plans shall be reviewed and approved by the Historic Preservation Division of the Planning Department as prescribed in Chapter 17 of the City Code. Landscape plans shall be reviewed in accor- dance with Section 9.1 and the guidelines and illustrations provided in the Landscape Manual as well as the Guide to Florida Friendly Landscaping provided by the Florida Yards and Neighborhoods Program. 9.11 PREPARER'S CERTIFICATION OF LANDSCAPE COMPLIANCE AT TIME OF FINAL INSPECTION a. A notarized Preparer's Certification of Landscape Compliance form bearing the original letterhead of the designing firm and licensing number shall be submitted to and approved by the Office of Zoning prior to issuance of any Certificate of Use or Certificate of Occupancy. The notarized Preparer's Certification of Landscape Compliance form shall contain a statement, signed and sealed by the landscape architect or by person(s) authorized to prepare plans by Chapter 481, Florida Statutes, who prepared the approved plans, that the landscape and irrigation plans have been implemented and that all requirements of this article have been met. Any changes or substitutions to the approved plan shall be approved by the original designing firm prior to the implementation of said changes and substitutions. All changes or substitutions to the approved plan shall be noted on all copies. Changes and substitutions of plant material shall be of similar quality, quantity and size, as originally approved and shall be in compliance with the intent and requirements of this code. b. For a new single family or duplex residence on its own lot or applicable existing development, the owner or owner's agent may certify in writing that landscape and irrigation have been installed according to approved plan(s). c. The Planning Department and the Office of Zoning shall have the right to inspect all projects for compliance prior to issuance of a Certificate of Use or Certificate of Occupancy. 9.12 LANDSCAPE ADJUSTMENT Unless otherwise required by this Code, as amended, the Code of the City of Miami, as amended, or the Florida Building Code, as amended; Landscape Ordinance requirements may be modified through the Waiver process, with mandatory referral to the Planning Director. a. Criteria to be considered in granting Waivers of Landscape Ordinance Requirements In addition to the considerations listed in Article 4, Table 12 and elsewhere in this Code, the fol- lowing shall also apply to the review of Waiver permits pursuant to this Section: 1. Waivers of Landscape Ordinance requirements may be granted when, to do so promotes the intent of the particular Transect Zone where the proposal is located; and help mitigate any potential adverse effect of a specific proposal whose implementation is found to be in com- IX.17 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS pliance with the intent and findings of a commission approved Planning study or conceptual plan for the subject area. 2. Waivers of Landscape Ordinance requirements may be granted when, the observance of applicable guides and standards for which the Waiver is being requested would put the pro- posed project into a variance situation which is against the public interest. b. Specific findings required Specific findings shall be made by the Planning Department which establish how the above cri- teria are met. Additionally, any conditions, restrictions and limitations deemed appropriate by the Planning Director shall be implemented in order to ensure compliance with the considerations set forth above, as well as in Article 4, Table 12 of this Code. 9.13 LANDSCAPE MAINTENANCE a. An owner is responsible to ensure that landscaping required to be planted pursuant to this chapter is installed in compliance with the Landscape requirements; maintained as to present a healthy, vigorous, and neat appearance free from refuse and debris; and sufficiently fertilized and watered to maintain the plant material in a healthy condition. b. If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be replaced with the same landscape material or an approved substitute. c. Trees shall be pruned in the following manner: 1. All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. 2. Removal of dead wood, crossing branches, weak or insignificant branches, and sucker shall be accomplished simultaneously without any reduction in crown. 3. Cutting of lateral branches that results in the removal of more than one-third (1/3) of all branches on one (1) side of a tree shall only be allowed if required for hazard reduction or clearance pruning. 4. Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two-thirds (2/3) of the tree. 5. No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1) year period. 6. Trees shall be pruned according to the current ANSI A300 Standards and the Landscape Manual. 9.14 PROHIBITIONS a. Prohibited plant species. Prohibited species shall not be planted and shall be removed from any IX.18 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 9. LANDSCAPE REQUIREMENTS site which is subject to the requirements of this article. b. Controlled plant species. Controlled species shall not be planted within five hundred (500) feet of a Natural Forest Community or native habitats as defined herein. c. West Indian Mahogany. West Indian Mahogany, Swietenia mahagoni, shall not be planted within five hundred (500) feet of a rockland hammock or pine rockland. d. Tree abuse. Tree abuse is prohibited. Abused trees shall not be counted toward fulfilling the minimum tree requirements. 9.15 ENFORCEMENT a. The Code Enforcement Department shall withhold approval of a final building inspection prior to the issuance of a Certificate of Use or Certificate of Occupancy until a notarized Preparer's Certification of Landscape Compliance form has been submitted and approved. b. The Code Enforcement Department shall have the right to inspect the lands affected by this Code and is authorized to issue cease and desist orders and citations to the current owner and the Contractor, if applicable, for violations. c. Failure to install or maintain landscaping according to the terms of this article shall constitute a violation of this Code. Also, failure to plant, preserve, or maintain each individual tree shall be considered to be a separate violation of this Code. Each day in which either landscaping or individual trees are not installed or maintained according to the terms of this article shall consti- tute a continuing and separate violation of this Code. Further, failure by the current owner or the Contractor to provide the required landscaping and watering of such landscaping within ninety (90) days after the South Florida Water Management District ends the emergency Phase II and Phase III water restrictions shall constitute a violation of this Code. IX.19 MIAMI 21 ARTICLE 9. LANDSCAPE REQUIREMENTS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. I X. 20 MIAMI 21 ARTICLE 10. SIGN REGULATIONS AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 10.1 GENERAL X.5 10.2 SIGN DESIGN STANDARDS X11 TABLE 15 SPECIFIC SIGN DESIGN STANDARDS X.13 10.3 SUPPLEMENTAL SIGN REGULATIONS X.23 X.1 MIAMI 21 ARTICLE 10. SIGN REGULATIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. X.2 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS Amendments to Article 10 ORDINANCE DATE APPROVED DESCRIPTION LEGISLATIVE ID 13464 05-22-2014 Updated Sign regulations 12-00941 zt1 X.3 MIAMI 21 ARTICLE 10. SIGN REGULATIONS AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. X.4 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS 10.1 . GENERAL 10.1.1 PURPOSE The purpose of this section is to provide a comprehensive system of regulations for Signs visible from the public right-of-way and to provide a set of standards designed to optimize communication and design quality of Signs. Through these regulations, the City of Miami will uphold the United States Constitution and State of Florida Constitution, conserve and protect scenic beauty, regulate signage for the purpose of visual clutter, and preserve the aesthetic character of the City. In addition, special permits which may have been approved under previous Ordinance 11000 or under previous sections of this ordinance may also contain conditions that regulate Signs on certain properties. No Signs or advertising devices of any kind or nature shall be erected or maintained on any premises or affixed to the inside or outside of any Structure to be visible from the public right-of-way except as specifically provided for by these regulations. 10.1.1.1 INTENT: a. Promote the effectiveness of Signs by preventing their improper placement, deterioration and excessive size and number. b. Regulate and control Signs and Sign Structures in order to prevent property damage and per- sonal injury resulting from improper construction or poor maintenance. c. Promote the free and safe flow of traffic and protect pedestrians and motorists from injury and property damage attributable to cluttered, distracting, or illegal signage. d. Control and reduce visual clutter and visual blight. e. Prevent any deleterious effects arising from the unrestricted use of Signs by providing a reason- able, flexible, efficient, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for the City, enhancing it as a place to live, visit and do business. f. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public Structures and Open Spaces shall be protected by exercising reasonable control over the character and design of Sign Structures. g. Address the business community's need for adequate business identification and advertising communication by improving the readability, and therefore, the effectiveness of Signs by prevent- ing their improper placement, over -concentration, excessive Height, area, and bulk. h. Coordinate the placement and physical dimensions of Signs within the different Transects. i. Protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the Streetscapes that affect the image of the City. j. Acknowledge the differing design concerns and needs for Signs in certain specialized areas such as tourist areas. X.5 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS k. Require that Signs be properly maintained for safety and visual appearance. I. Protect non -Commercial speech such that any Sign allowed herein may contain any law- ful non -Commercial message, so long as said Sign complies with the size, Height, Area location and other requirements of these regulations. m. Provide no more restrictions on speech than necessary to implement the purpose and intent of this section. These regulations are specifically intended to be severable such that if any section, subsection, sentence, clause or phrase of these regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining provisions of these regulations. 10.1.2 CRITERIA FOR GRANTING SIGN PERMIT 10.1.2.1 Permits required for Signs except those exempted. Except for classes of Signs exempted from permit requirements as specified in Section 10.1.3, all Signs shall require permits. Applications for such permits shall be made separately or in combination with applications for other permits as appropriate to the circumstances of the case and shall provide at a minimum the information as specified in Section 7.1.2.9. 10.1.3 SIGNS EXEMPTED FROM PERMIT REQUIREMENTS The following types of Signs, and Changeable Copy Signs, are exempted from permit requirements because such Signs are needed in order to convey messages to protect lives, give direction, identify public access ways, and protect civil rights. Such Signs shall comply with size and location requirements as set forth in these regulations for the specific Transect Zone in which they are to be located. a. Address, Notice, Directional or Warning Signs. No Sign permit shall be required for Address, Notice, Directional or Warning Signs except as otherwise required in this section. Any Sign that exceeds the area below is subject to Building Identification criteria within Section 10.2, Table 15. 1. Address Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street. Each address sign shall be limited to two (2) square feet in Area. 2. Notice, Directional or Warning Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street. Each Notice, Directional and Warning Sign shall be limited to two (2) square feet in Area. b. Cornerstones, memorials, or tablets. Due to their historic or civic significance to the community, no Sign permit is required for cornerstones, memorials, or tablets when part of any masonry surface or constructed of bronze or other incombustible and durable material. Signs shall be X.6 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS limited to identification and date of construction of Buildings, persons present at dedication or involved in Development or construction, or significant historical events relating to the premises or development. c. U. S. Mail delivery receptacles. No Sign permit shall be required for delivery receptacles for U.S. mail which have been approved for use by postal authorities. d. Flags. Limited to one (1) per property and shall not exceed twenty-five (25) square feet. National flags, state flags and flags of political subdivisions within the State of Florida shall not be subject to these regulations; however, in no case shall more than three (3) flags be flown per property. The flags permitted by this subsection shall not be used in mass to circumvent this subsection by using said flags primarily as an advertising device. e. Celebratory Flags and Banners. A Sign permit shall not be required for celebratory flags and Banners located within Regional Activity Complexes related to community wide celebrations or commemorations. Such Signs shall not include any form of commercial advertising, shall not be located within any public right-of-way, and shall be removed within thirty (30) days of such event. f. Vehicle Signs. No Sign permit shall be required for display of Signs on automobiles, trucks, buses, trailers, or other vehicles when used for purposes of transportation. g. Changeable Copy Sign. No Sign permit shall be required for routine Change of Copy on a Changeable Copy Sign, the customary use of which involves frequent and periodic changes, provided such change of copy does not result in increase of total Sign Area beyond permissible limits and meets all other requirements of this Code and the City Code. Signs with the capability of content change by means of manual or remote input include the following types: 1. Manually Activated - Changeable sign whose message copy or content can be changed manually on a Display Surface. 2. Electronically Activated - Changeable sign whose message, copy or content can be remotely programmed electronically. 10.1.4 GENERAL REQUIREMENTS The following general requirements and limitations shall apply with regard to Signs, in addition to provi- sions appearing elsewhere in this Code. No Variance or Waiver from these provisions are permitted unless otherwise stated within Article 10: a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non- commercial message, so long as said Sign complies with the size, Height, Area, location and other requirements of this Code and the City Code. b. False and misleading Signs shall be unlawful to post. c. Illuminated Sign Requirements: X.7 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS 1. Illuminated Signs containing functions of Animated Signs are prohibited. Illuminated Signs within a T1, T3, T4, T5-R, T6-R or CS Transect Zone shall be reviewed by process of Warrant as per Table 15. Illuminated Signs in all other Transect Zones shall be allowed by Right subject to the regulations specified within Table 15. 2. Signs may be Internally Illuminated or Indirectly Illuminated from any external source. Il- luminated Sign fixtures or luminaries shall not shine directly on adjacent properties, motor- ists or pedestrians. Illumination will provide visibility to the Sign and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. 3. Signs that are Internally Illuminated may not exceed a maximum brightness level of 0.3 foot candles above ambient light as measured at a preset distance depending on Sign size. Measuring distance shall be calculated by taking the square root of the product of the Sign Area multiplied by one -hundred (Example using a 12 square foot Illuminated Sign: I[12x100] = 34.6 feet measuring distance). All applicants shall provide a written certifi- cation from the Sign manufacturer that the light intensity has been factory preset not to exceed the levels specified. 4. No Illuminated Sign shall be permitted within one hundred (100) feet from any portion of a T1, T3, T4-R, T5-R orT6-R property, as measured along the street Frontage on the same side of the street, or as measured in a straight line to a property across the street, unless Signs are specifically authorized by Warrant as per Table 15. d. Structural members of all Signs, including supports, electrical conduit and receptacle boxes, or any other operational devices shall be covered, painted, or designed in such a manner as to be visually unnoticeable. e. Devices used to attract attention such as blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering and spinning devices shall be prohibited. f. Portable Signs shall be prohibited, including those that are tied down with metal straps, chaining, or otherwise temporarily anchored to an existing Structure or other similar method of anchoring. g. Roof Signs shall be prohibited in all Transects. No Sign shall extend above the roof line or parapet wall. h. Any Sign issued a Certificate of Appropriateness that meets the criteria of Section 23-6.4 of the City Code may be exempted from these Sign limitations through a Warrant process.. i. All Class A and Class C Signs shall comply with the requirements of Chapter 62 of the City Code. j. All Signs shall comply with the vision clearance standards within this Code. k. Master Sign packages or vertical shopping center Signs approved under zon- ing ordinance 11000 or Special Area Plan Sign packages adopted under the provi- sions of Article 3, Section 3.9.1 of this Code shall be governed by approved condi- X.8 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS tions and may be modified through the provisions of Section 10.3.7 of this Article. 10.1.5 REMOVAL, REPAIR OR REPLACEMENT OF SIGNS a. All nonconforming Signs shall be subject to the provisions within Article 7, Section 7.2 b. Repair or Maintenance of Signs; Decrepit or dilapidated Signs. 1. All Signs shall be properly maintained in a safe and legible condition at all times. Signs that are not properly maintained (whether or not determined to be unsafe as provided by the Florida Building Code) shall be removed, repaired, or replaced. No Zoning permit shall be required for such maintenance, however a permit may be required by other departments or agencies. 2. No Zoning Sign permit shall be required for routine maintenance on a Sign, providing such maintenance does not result in alteration of the Sign as originally permitted. Any Sign allowed herein may contain, in -lieu of any other message or copy, any lawful non -Commercial mes- sage, so long as said Sign complies with the size, height, location and other requirements of this Code. c. Removal, repair or replacement of any Sign with regard to any official order as indicated below. 1 Signs otherwise lawfully permitted, except for the condition or circumstance leading to an order issued by any official City or County Board with applicable jurisdiction in accordance with the applicable provisions of the City Code, the Florida Building Code or this Code, shall require repair or replacement within a stated time, not to exceed ninety (90) days from the date of the order, or removal prior to the expiration of such period. No Zoning permit shall be required for such repair or replacment, however a permit may be required by other departments or agencies. 2. In the event that an official order is issued for a having a Sign for a discontinued use for a period of thirty (30) days or longer, all signs identifying the use are to be removed from the site or in the case of a painted Sign, painted out. Sign removal shall be the responsibility of the owner of the property. 3. The building official or Code compliance officer may issue a written notice to the responsible party of any Sign found to be unsafe. The written notice shall specify either the repair or removal of the Sign within the time specified in the notice by the responsible party. The building official or code compliance officer shall serve this notice on the responsible party in accordance with the Florida Building Code and City Code and the responsible party may seek review of such decisions as provided in the Florida Building Code and City Code. d. Change or Replacement of a Sign not due to any official order for removal. 1. Replacement of any Sign that is not a Changeable Copy Sign shall conform to Section 10.2 Table 15 of this Code. X.9 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN REGULATIONS 2. Class B Signs previously associated with the premises on which erected, but no longer there or otherwise bearing other obsolete matter, shall be removed within thirty (30) days from the time such activity ceases. 3. Atwenty percent (20%) increase in Sign Area may be allowed, by Waiver, for all Freestanding Signs replaced with a Monument Sign. Such Monument Sign shall conform with Table 15 and shall not be cumulative with any other increase in Sign Area. X.10 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. SIGN DESIGN STANDARDS 10.2 SIGN DESIGN STANDARDS Table 15 Function: The following tables illustrate Sign design standards for specific Sign types allowed within Restricted(R), Limited(L) and Open(0) categories of specified Transect Zones. Calculated Aggregate Area maximum shall not be exceeded for any establishment or Sign type. Sign Area calculation shall be determined by the establishment length fronting a street multiplied by the Aggregate Area Ratio specific to each Transect. In review and approval of Signs, the City shall ensure compliance with all applicable sections of the Florida Building Code and ensure that the Signs comply with this Code including: 1. Size and area 2. Location standards 3. Sign placement 4. Illumination Sign regulations. BUILDING SIGN TYPES • SIGN TYPE ® WALL SIGN ® WINDOW SIGN ® PROJECTING SIGN ® HANGING SIGN • AWNING SIGN ® MONUMENT SIGN ® DIRECTIONALSIGN (May include Wall, Hanging or Monument Signs) L f• r ... :^ kil I,..,Aikv,!?p..- Mi. LA" 2 r i in Disclaimer: The following image serves to illustrate the types of building signs and not the placement design or size of signs for any particular site. X.11 MIAMI 21 ARTICLE 10. SIGN DESIGN STANDARDS AS ADOPTED - JANUARY 2018 10.2.1 SIGN MEASUREMENT CALCULATIONS Sign Placement a. All Signs, excluding Monument Signs placed between Average Sidewalk Elevation and fifty (50) feet height above sidewalk shall be sub- ject to Table 15 Sign Design Standards. b. Signs above fifty (50) feet shall comply with section 10.3.6 of this Code. c. All Monument Signs shall be placed along the Principal Frontage within the Base Building Line oftheestablishmentsite. No establishment shall bear more than two (2) Monument Signs on a single Frontage. Signs that are located in the First Layer shall not disrupt pedestrian activity and shall respect a clearance of ten (10) feet from back -of -curb. Additional Vision Clearance regulations shall be applied as per Section 3.8.4. d. Signs shall not exceed a tenant's occupied es- tablishment. e. Monument Signs shall not be located within the public right-of-way unless permitted by Public Works. Sign Area a. Aggregate Area Calculation Walls fronting a street betweenAverage Sidewalk Elevation and fifty (50) feet height above side- walk: Aggregate Area = (total linear frontage) x (aggregate area ratio).See Table 15 for specific signage calculation details. b. Sign Area: See Article 1, Section 1.3 Definitions of Signs c. Monument Sign Area Monument Signs which may include up to two (2) Display Surfaces. The area of the Sign shall be the area of the largest Display Surface that is visible from any single direction. Total Sign Area shall not exceed forty (40) square feet for T3 and T4 Transect Zones and one hundred (100) square feet for T5, T6, D and C Transect Zones excluding embellishments. d. Monument Base The base of the Sign Structure shall not be calculated into the Display Surface calculation. Sign base width shall notvary by more than 20% of the total Sign Display Surface width. X.12 SIGN HEIGHT PLACEMENT YI sq.a oars I H.rg Ater301! Boo Scotian lass' SIGN SETBACK PLACEMENT Corngi Lot Fr rprlgQ .pt SIGN AREA saeaggary Fr rII Leiter Span 6etneen Dements LOGO ESTABLISHMENT NAME BIISIMESS LETTERS WITMOIJT FRAM DISPLAY BACKGROUND FRAME MONUMENT SIGN AREA 2 BUSINESS NAME H rggpgy SvWs L. It1 tt MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLES 15 SPECIFIC SIGN DESIGN STANDARDS T3 — SUB —URBAN SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING T3 ss. `--T 11 I C>ir 71 R L 0 R L 0 R L 0 R L 0 R L 0 BUILDING IDENTIFICATION Aggregate Area Ratio 0.25 sq.ft. per linear Frontage See Wall Sign Aggregate Area See Wall Sign Aggregate Area See Wall Sign Aggregate Area See Wall Sign Aggregate Area Aggregate Area 24 sq.ft. max per Frontage 20% of total glass area 18 sq.ft. max 3 sq.ft. max per frontage Limited to skirt or bottom edge of Awning Width 50% of linear Frontage 12 in. max. 60% of valance area Height (Measured from Average Sidewalk Elevation) See Section 10.2.1 of Article 10 See Section 10.2.1 of Article 10 8 ft. min (bottom of sign) 8 ft. min (bottom of sign) Letters, emblems, logos or symbols on valance 6 in. max Depth/Projection 12 in. max 3 ft. max Aggregate Area Per Sign Type Included in total Aggregate Area; shall not exceed 50% of Aggregate Area Included in total Aggregate Area; shall not exceed Aggregate Area Included in total Aggregate Area; shall not exceed 50% of Aggregate Area Included in total Aggregate Area; shall not exceed 50% of Aggregate Area Included in total Aggregate Area; shall not exceed 50% of Aggregate Area Principal Frontage Quantity 1 sign per 150 ft linear Frontage 1 sign per window 1 sign per 150 ft linear Frontage 1 sign per 150 ft linear Frontage 1 sign per window or door opening located on the Principal Frontage Secondary Frontage Quantity 1 sign per 250 ft linear Frontage 1 sign per window 1 sign per 250 ft linear Frontage 1 sign per 250 ft linear Frontage N/A BUSINESS IDENTIFICATION Aggregate Area Ratio N/A N/A N/A N/A N/A Aggregate Area Width Height Depth/Projection Aggregate Area Per Sign Type Principal Frontage Quantity Secondary Frontage Quantity ILLUMINATION PERMIT By Warrant N/A By Warrant By Warrant By Warrant SUPPLEMENTAL STANDARDS • Refer to Section 10.2 Table 15 Function for calculated Aggregated Area description. • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools. • All Sign proposals shall only be permitted by Warrant. • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools. • Signage to be displayed on street level windows only • All Sign proposals may only be permitted by Warrant • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools. • Projection angle shall be parallel or perpendicular to wall. • All Sign proposals may only be permitted by Warrant • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools. • All Sign proposals may only be permitted by Warrant • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools • All Sign proposals may only be permitted by Warrant X.13 MIAMI 21 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. AS ADOPTED - JANUARY 2018 T3 - SUB -URBAN SIGN DESIGN STANDARDS MONUMENT DIRECTIONAL T3 R L 0 R .„, - L 0 R L 0 BUILDING IDENTIFICATION Aggregate Area Ratio Aggregate Area 15 sq.ft. max per Display Surface 5 sqlmax per Display Surface Width 6 ft. max Height (Measured from Average Sidewalk Elevation) 6 ft. max 8 ft. max Depth/Projection 18 in. max 12 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of Frontage (no more than 2 Display Surfaces) 1 sign per entrance, exit or parking area Secondary Frontage Quantity 1 sign per entrance, exit or parking area BUSINESS IDENTIFICATION Aggregate Area Ratio N/A N/A Aggregate Area Width Height Depth/Projection Aggregate Area Per Sign Type Principal Frontage Quantity Secondary Frontage Quantity ILLUMINATION PERMIT By Warrant By Warrant SUPPLEMENTAL STANDARDS • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools. • All Sign proposals may only be permitted by Warrant. • An increase up to forty (40) square feet for such a Sign shall be permitted if the Sign is located on a right-of-way greater than fifty (50) feet and the facility has a setback in excess of thirty (30) feet. • Limited to the identification of subdivisions, developments, neighborhoods, Religious Facilities, Elementary, Middle or High Schools. • All Sign proposals may only be permitted by Warrant. • Limited to Wall, Hanging, or Monument Signs. X.14 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. T4 - GENERAL URBAN SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING T4 0 "z 0 ® III i. I - __'_ R L 0 R L 0 R L 0 R L 0 R L 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio 0.25 sq.ft. per linear Frontage 0.5 sq.ft. per linear Frontage Aggregate Area (total linear building Frontage) (aggregate area ratio); 150 sq.ft. max per Frontage (24 sq.ft. max for T4-R) Width 50% of linear Frontage 60% of valance area Height (MeasuredfromAverageSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance 6 in. max Depth/Projection 12 in. max 3 ft. max Aggregate Area Per Sign Type Shall not exceed 50% of Aggregate Area; Included in total Aggregate Area 1 sql. max 20% of total glass area; Included in total Aggregate Area 15 sq.ft. max; Included in total Aggregate Area 3 sq.ft. max per Frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 sign per 150 ft linear Frontage 1 per unit 1 Sign per window 1 Sign per 150 ft linear Frontage 1 Sign per 150 It linear Frontage 1 Sign per window or door opening located on the Principal Frontage Secondary Frontage Quantity 1 sign per 250 ft linear Frontage 1 Sign per window 1 Sign per 250 It linear Frontage 1 Sign per 250 It linear Frontage BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A .25 sql. per linear It. N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area Aggregate Area (Building Identification) max 10 sq.ft per Frontage. Aggregate Area (Business Identification) (linear feet of Frontage) x (aggregate area ratio). See Wall Sign Width 50% of linear Frontage (per establishment) 8 ft min (bottom of Sign) 60% of valance area Height (Measured fromAverage Sidewalk Elevation) Letters, emblems, logos or symbols on valance max 6 in 8 ft min (bottom of Sign) Depth/Projection 12 in. max 3 ft. max Aggregate Area Per Sign Type 15 sql. max; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Shall not exceed 50% of Aggregate Area; Included in total Aggregate Area 20% of total glass area; Included in total Aggregate Area 3 sq.ft. max per Frontage; Included in total Aggregate Area Principal Frontage Quantity 1 Business Identification Sign per 20 It. of establishment accessing the outdoors 1 Business Identification Sign per 20 ft. of establishment accessing the outdoors 1 Business Identification Sign per 20 It. of establishment accessing the outdoors 1 Sign per window 1 Business Identification Sign per 20 It. of establishment accessing the outdoors Secondary Frontage Quantity 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per window 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per 100 ft. of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant N/A By Warrant By Warrant By Warrant ADDRESS SIGN max 2 sq.ft. area/max 1 sign max 2 sql. area/max 1 sign N/A N/A max 2 sq.ft. area/max 1 sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • All T4-R Sign proposals may only be permitted by Warrant. • Any painted Wall Signs shall be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Signage to be displayed on street level windows only • All T4-R Sign proposals may only be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Projection angle shall be parallel or perpendicular to wall. • All T4-R Sign proposals may only be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • All T4-R Sign proposals may only be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • All T4-R Sign proposals may only be permitted by Warrant. X.15 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. T4 - GENERAL URBAN SIGN DESIGN STANDARDS MONUMENT MENU BOARD DIRECTIONAL T4 SIGN S)GN SIGN R L 0 R L 0 R L 0 R L 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio N/A Aggregate Area 15 sq.ft. max per Display Surface 5 sq.ft. max per Display Surface Width 6 ft. max Height (Measured from Average Sidewalk Elevation) 6 ft. max 5 ft. max Depth/Projection 18 in. max 12 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of Frontage (no more than 2 Display Surfaces) 1 sign per entrance, exit or parking area Secondary Frontage Quantity 1 sign per entrance, exit or parking area BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A N/A N/A Aggregate Area (Building Identification) 15 sq.ft. max per Display Surface 24 sq.ft Display Surface Aggregate Area (Business Identification) 5 sq.ft. max per Display Surface Width 6 ft. max Height (Measured from Average Sidewalk Elevation) 6 ft. max 7 ft max Depth/Projection 12 in. max 24 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of frontage (no more than 2 Display Surfaces) 1 sign per drive - through (no more than 1 Display Surfaces) Secondary Frontage Quantity 1 sign per 150 ft. of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant By Warrant ADDRESS SIGN max 2 sq 6. area/max 1 Sign max 2 sq.ft. area/max 1 Sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of operation. • An incre se up to forty (40) square f et for such a Sign shall be ermitted if the Sign is located o a right-of-way greater than fifty (50) feet and the facility has a set ack in excess of thirty (30) feet. • All T4-R Sign proposals may only be permitted by Warrant. • Limited to establishment name, logo, menu selection/ pricing for food service, hours of operation. • Shall be located within the Third Layer between the building and the drive - through lane and shall not be noticeably visible from the public right-of-way. • Limited to Wall, Hanging, or Monument Signs. • All T4-R Sign proposals may only be permitted by Warrant. X.16 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. T5 - URBAN CENTER/T6 - URBAN CORE ZONE SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING T5-T6 ,,i ,1 I III _- I;-- miiilmr R R L 0 R L 0 R L 0 R L 0 R L 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio 0.5 sq.ft. per linear Frontage 1.5 sq.ft. per linear Frontage Aggregate Area (total linear building Frontage) x (ag regate area ratio); 300 sq.ft. max per Frontage (40 sq.ft. max for T5-R and T6-R) Width 70% of linear Frontage 60% of valance area Height (Measured fromAvemgeSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance 8 in. max Depth/Projection 12 in. max 4 ft. max Aggregate Area Per Sign Type Shall not exceed 60% of Aggregate Area; Included in total Aggregate Area 1 sq.ft. max 20% of total glass area; Included in total Aggregate Area 25 sq.ft. max; Included in total Aggregate Area 6 sq.ft. max per frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 sign per 150 ft linear Frontage (no more than 3 signs total) 1 per unit 1 sign per window 1 sign per 150 ft linear Frontage 1 sign per 150 ft linear Frontage 1 sign per window or door opening located on the Principal Frontage Secondary Frontage Quantity 1 sign per 250 ft linear Frontage (shall not exceed 50 sq.ft. in area) 1 sign per window 1 sign per 250 ft linear Frontage 1 sign per 250 ft linear Frontage BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A 1.0 sq.ft. per linear it. N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area Aggregate Area (Building Identification) max 50 sq.ft per Frontage. Aggregate Area (Business Identification) (linear feet of Frontage) x (aggregate area ratio). See Wall Sign Aggregate Area Width 60% of valance area 70% of linear Frontage (per establishment) Height (Measured fromAvemgeSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance max 8 in Depth/Projection 3 ft. max 12 in. max Aggregate Area Per Sign Type Shall not exceed 60% of Aggregate Area; Included in total Aggregate Area 20% of total glass area; Included in total Aggregate Area 25 sq.ft. max; Included in total Aggregate Area 6 sq.ft. max per Frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 Business Identification Sign per 20 it. of establishment accessing the outdoors 1 Sign per window 1 Business Identification Sign per 20 it. of establishment accessing the outdoors 1 Business Identification Sign per 20 it. of establishment accessing the outdoors 1 Business Identification Sign per 20 ft. of establishment accessing the outdoors Secondary Frontage Quantity 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per window 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per 100 ft. of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant By Right N/A By Warrant By Right By Warrant By Right By Warrant By Right ADDRESS SIGN max 10 sq.ft. area/max 1 Sign max 10 sq.ft. area/max 1 Sign N/A N/A max 10 sq.ft. area/max 1 Sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Any painted Wall Signs shall be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Signage to be displayed on street level windows only • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Projection angle shall be parallel or perpendicular to wall. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. X.17 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. T5 - URBAN CENTER/T6 - URBAN CORE ZONE SIGN DESIGN STANDARDS R 0 R MONUMENT 0 R MENU BOARD 0 R DIRECTIONAL 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio N/A Aggregate Area 40 sq.ft. max per Display Surface 10 sq.ft. max per Display Surface Width 8 ft. max Height (Measured from Average Sidewalk Elevation) 8 ft. max (14 it. max by Warrant) 8 ft. max Depth/Projection 24 in. max 10 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of Frontage (no more than 2 display surfaces) 1 sign per entrance, exit or parking area Secondary Frontage Quantity 1 sign per entrance, exit or parking area BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A N/A N/A Aggregate Area (Building Identification) 40 sq.ft. max per Display Surface 24 sq.ft Display Surface Aggregate Area (Business Identification) 15 sq.ft. max per Display Surface Width 8 ft. max Height (Measured from Average Sidewalk Elevation) 8ft. max (14 it. max by Warrant) 7ft max Depth/Projection 12 in. max 24 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of frontage (no more than 2 Display Surfaces) 1 sign per drive - through (no more than 1 Display Surfaces) Secondary Frontage Quantity 1 sign per 150 ft. of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant By Right By Right By Right ADDRESS SIGN max 10 s .ft. area/max 1 sign max 5 sq.ft. area/max 1 sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of peration. • Individua Business Identification sign may be located within Building Identification Monument sign, but total Sign Area shall exceed one hundred (100) square feet. • Height may exceed eight (8) feet by Warrant process, but shall not exceed fourteen (14) feet in height. • Limited to establishment name, logo, menu selection/ pricing for food service, hours of operation. • Shall be located within the Third Layer between the building and the drive - through lane and shall not be noticeably visible from the public right-of-way. • Limited to Wall, Hanging, or Monument Signs. X.18 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. C - CIVIC ZONE SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING C 0 0 III 1., '0 t CS CI CI -HD CS CI CI -HD CS CI CI -HD CS CI CI -HD CS CI CI -HD SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio 0.25 sq.ft. per linear Frontage 1.5 sq.ft. per linear Frontage Aggregate Area (total linear building Frontage) x (aggregate area ratio); 300 sq.ft. max per Frontage (25 sq.ft. max for CS) Width 40%of linear Frontage 70%oflinearFrontage 60% of valance area Height (Measured fromAvemgeSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance 8 in. max Depth/Projection 12 in. max 4 ft. max Aggregate Area Per Sign Type Shall not exceed 60% of Aggregate Area; Included in total Aggregate Area 1 sq.ft. max 20% of total glass area; Included in total Aggregate Area 25 sq.ft. max; Included in total Aggregate Area 6 sq.ft. max per Frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 sign per 150 ft linear Frontage (no more than 3 signs total) 1 per unit 1 sign per window 1 sign per 150 ft linear Frontage 1 sign per 150 ft linear Frontage 1 sign per window or door opening located on the Principal Frontage Secondary Frontage Quantity 1 sign per 250 ft linear Frontage (shall not exceed 50 sq.ft. in area) 1 sign per window 1 sign per 250 ft linear Frontage 1 sign per 250 ft linear Frontage BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A 1.0 sq.ft. per linear it. N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area N/A See Wall Sign Aggregate Area Aggregate Area (Building Identification) max 50 sq.ft per Frontage. Aggregate Area (Business Identification) (linear feet of Frontage) x (aggregate area ratio). See Wall Sign Aggregate Area Width 70% of linear Frontage (per establishment) 60% of valance area Height (Measured fromAvemgeSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance max 8 in Depth/Projection 3 ft. max 12 in. max Aggregate Area Per Sign Type Shall not exceed 60% of Aggregate Area; Included in total Aggregate Area 20% of total glass area; Included in total Aggregate Area 25 sq.ft. max; Included in total Aggregate Area 6 sq.ft. max per frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 Business Identification Sign per 20 it. of establishment accessing the outdoors 1 Business Identification Sign per 20 ft. of establishment accessing the outdoors 1 Business Identification Sign per 20 it. of establishment accessing the outdoors 1 Sign per window 1 Business Identification Sign per 20 it. of establishment accessing the outdoors Secondary Frontage Quantity 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per window 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per 100 ft. of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant By Right N/A By Warrant By Right By Warrant By Right By Warrant By Right ADDRESS SIGN max 10 sq.ft. area/max 1 sign max 10 sq.ft. area/max 1 sign N/A N/A max 10 sq.ft. area/max 1 sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Any painted Wall Signs shall be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Signage to be displayed on street level windows only • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Projection angle shall be parallel or perpendicular to wall. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. X.19 MIAMI 21 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. AS ADOPTED - JANUARY 2018 C - CIVIC ZONE SIGN DESIGN STANDARDS CS CI CI -HD CS MONUMENT CI CI -HD CS MENU BOARD CI CI -HD CS DIRECTIONAL CI CI -HD SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio N/A Aggregate Area 40 sq.ft. max per Display Surface 10 sq.ft. max per Display Surface Width 8 ft. max Height (Measured from Average Sidewalk Elevation) 8 ft. max (14 it. max by Warrant) 8 ft. max Depth/Projection 24 in. max 10 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of frontage (no more than 2 Display Surfaces) 1 Sign per entrance, exit or parking area Secondary Frontage Quantity 1 Sign per entrance, exit or parking area BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A N/A N/A Aggregate Area (Building Identification) 40 sq.ft. max per Display Surface 24 sq.ft Display Surface Aggregate Area (Business Identification) 15 sq.ft. max per Display Surface Width 8 ft. max Height (Measured from Average Sidewalk Elevation) 8ft. max (14 it. max by Warrant) 7ft max Depth/Projection 12 in. max 24 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of Frontage (no more than 2 Display Surfaces) 1 Sign per drive - through (no more than 1 Display Surfaces) Secondary Frontage Quantity 1 Sign per 150 it. of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant By Right By Right By Right ADDRESS SIGN max 10 s .8. area/max 1 Sign max 5 sq.ft. area/max 1 Sign SUPPLEMENTAL STANDARDS • Limited t establishment name, to o, decorative graphic bands, h urs of operation. Regional parks shall be allowed commerc.al sponsorship message not to exceed twenty-fi e precent (25%) of total Sign Are • Monume t Sign total Sign Area shall not xceed one hundred (100) sq are feet. • Height m y exceed eight (8) feet by Warra t process, but shall not exce d fourteen (14) feet in height. • Limited to establishment name, logo, menu selection/ pricing for food service, hours of operation. • Shall be located within the Third Layer between the building and the drive - through lane and shall not be noticeably visible from the public right-of-way. • Limited to Wall, Hanging, or Monument Signs. X.20 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. D - DISTRICTS SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING O r, 0 71M D1 D2 D3 D1 D2 D3 D1 D2 D3 D1 D2 D3 D1 D2 D3 SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio 1.5 sq.ft. per linear Frontage Aggregate Area (total linear Buildin Frontage) x (aggregate area ratio); 300 sq.ft. max per Frontage Width 70% of linear Frontage 60% of valance area Height (Measured fromAvemgeSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance 8 in. max Depth/Projection 12 in. max 4 ft. max Aggregate Area Per Sign Type Shall not exceed 60% of Aggregate Area; Included in total Aggregate Area 1 sq.ft. max 20% of total glass area; Included in total Aggregate Area 25 sq.ft. max; Included in total Aggregate Area 6 sq.ft. max per Frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 Sign per 150 it linear Frontage (no more than 3 Signs total) 1 per unit 1 Sign per window 1 Sign per 150 it linear Frontage 1 Sign per 150 ft linear Frontage 1 sign per window or door opening located on the Principal Frontage Secondary Frontage Quantity 1 Sign per 250 it linear frontage (shall not exceed 50 sq.ft. in area) 1 Sign per window 1 Sign per 250 it linear Frontage 1 Sign per 250 ft linear Frontage BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio 1.0 s ft.per linear ft. 9 See Wall Sign Aggregate Area 9999 See Wall Sign Aggregate Area See Wall Sign Aggregate Area See Wall Sign Aggregate Area Aggregate Area (Building Identification) max 50 sq.ft per Frontage. Aggregate Area (Business Identification) (linear feet of Frontage) x (aggregate area ratio). See Wall Sign Aggregate Area Width 70% of linear Frontage (per establishment) 60% of valance area Height (Measured fromAvemgeSidewalk Elevation) 8 ft min (bottom of Sign) 8 ft min (bottom of Sign) Letters, emblems, logos or symbols on valance max 8 in Depth/Projection 12 in. max 3 ft. max Aggregate Area Per Sign Type Shall not exceed 60% of Aggregate Area; Included in total Aggregate Area 20% of total glass area; Included in total Aggregate Area 25 sq.ft. max; Included in total Aggregate Area 6 sq.ft. max per Frontage; Included in total Aggregate Area Limited to skirt or bottom edge of Awning; Included in total Aggregate Area Principal Frontage Quantity 1 Business Identification Sign per 20 ft. of establishment accessing the outdoors 1 Sign per window 1 Business Identification Sign per 20 ft. of establishment accessing the outdoors 1 Business Identification Sign per 20 it. of establishment accessing the outdoors 1 Business Identification Sign per 20 it. of establishment accessing the outdoors Secondary Frontage Quantity 1 Sign per 100 it. of establishment accessing the outdoors 1 Sign per window 1 Sign per 100 ft. of establishment accessing the outdoors 1 Sign per 100 ft. of establishment accessing the outdoors ILLUMINATION PERMIT By Right N/A By Right By Right By Right ADDRESS SIGN max 10 sq.ft. area/max 1 Sign max 10 sq.ft. area/max 1 Sign N/A N/A max 10 sq.ft. area/max 1 Sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Any painted Wall Signs shall be permitted by Warrant. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Signage to be displayed on street level windows only • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Projection angle shall be parallel or perpendicular to wall. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. • Limited to establishment name, logo, decorative graphic bands, hours of operation and Class B Signs. X.21 MIAMI 21 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS CONT. AS ADOPTED - JANUARY 2018 D - DISTRICTS SIGN DESIGN STANDARDS MONUMENT MENU BOARD DIRECTIONAL O1f 1 _. ..L 1 -__ D1 D2 D3 D1 D2 D3 D1 D2 D3 SINGLE ESTABLISHMENT WITHIN A BUILDING Aggregate Area Ratio N/A Aggregate Area 40 sq.ft. max per Display Surface 10 sql. max per Display Surface Width 8 ft. max Height (Measured from Average Sidewalk Elevation) 8 ft. max (14 It. max by Warrant) 8 ft. max Depth/Projection 24 in. max 10 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 sign per 100 ft. of Frontage (no more than 2 Display Surfaces) 1 Sign per entrance, exit or parking area Secondary Frontage Quantity 1 Sign per entrance, exit or parking area BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aggregate Area Ratio N/A Aggregate Area (Building Identification) 40 sq.ft. max per Display Surface 24 sq.ft Display Surface Aggregate Area (Business Identification) 15 sq.ft. max per Display Surface Width 8ft. max Height (Measured from Average Sidewalk Elevation) 8 ft. max (14It. max by Warrant) 7 ft max Depth/Projection 12 in. max 24 in. max Aggregate Area Per Sign Type Principal Frontage Quantity 1 Sign per 100 It. of frontage (no more than 2 Display Surfaces) 1 Sign per drive -through (no more than 1 Display Surfaces) Secondary Frontage Quantity 1 Sign per 150It. of establishment accessing the outdoors ILLUMINATION PERMIT By Right By Right By Right ADDRESS SIGN max 10 sql. area/max 1 Sign max 5 sql. area/max 1 Sign SUPPLEMENTAL STANDARDS • Limited to establishment name, logo, decorative graphic bands, hours of operation. • Individual Business Identification sign may be located within Building Identification Monument sign, but total Sign Area shall exceed one hundred (100) square feet. • Height may exceed eight (8) feet by Warrant process, but shall not exceed fourteen (14) feet in height. • Limited to establishment name, logo, menu selection/ pricing for food service, hours of operation. • Shall be located within the Third Layer between the building and the drive - through lane and shall not be noticeably visible from the public right-of-way. • Limited to Wall, Hanging, or Monument Signs. X.22 MIAMI 21 ARTICLE 10. SUPPLEMENTAL SIGN REGULATIONS AS ADOPTED - JANUARY 2018 10.3 SUPPLEMENTAL SIGN REGULATIONS 10.3.1 Class A Signs (Temporary) For the purposes of this Article, Class A Signs shall be removed from the event or location to which they are related in a timeframe described below, unless otherwise specified. a. Class A (construction, development and special events signs). All construction, development and special events signs shall comply with the requirements of Chapter 62 of the City Code. b. Class A (real estate Signs). No Sign permit shall be required for real estate Signs displayed on private property. Such real estate Signs shall be removed within thirty (30) days of the sale or rental of the property. All such real estate Signs shall be subject to the following regulations: 1. In T5-L,O, T6-L,O, CI, CI -HD, D1, D2 and D3 Transect Zones, Signs shall not exceed fifteen (15) square feet in Sign surface Area; or 2. In T3, T4-R, T5-R or T6-R Transect Zones, Signs shall not exceed one (1) for each Dwelling Unit and not exceed four (4) square feet in Sign surface Area. c. Class A (political election Signs). No Sign permit shall be required for political election Signs displayed on private property. Such political election Signs shall be permitted no earlier than three (3) months prior to the date of the election and removed within fifteen (15) days after the election. All such political election Signs shall be subject to the following regulations: 1. In T5-L,O, T6-L,O, CI, CI -HD, D1, D2 and D3 Transect Zones, Signs shall not exceed fifteen (15) square feet in aggregate of Sign surface Area; or 2. In T3, T4, T5-R and T6-R Transect Zones, Signs shall not exceed four (4) square feet in ag- gregate of Sign surface Area. 10.3.2 Class B Signs (Entertainment Establishments) For the purposes of this Article, Class B Signs for Entertainment Establishments may install no more than two (2) outdoor display encasements for event posters per fifty (50) feet of linear Frontage subject to the following guidelines: a. Shall be located within thirty (30) feet of Entertainment Establishments main entrance. b. Shall be permanently wall -mounted, maintained in good condition and contain current events. c. Shall not exceed forty-six (46) inches in height by thirty-two (32) inches in width by for (4) inches in depth. d. Framing materials (other than fasteners) for event posters shall be made of wood, brass or aluminum, and shall blend in and be consistent with the color of the building facade. X.23 MIAMI 21 ARTICLE 10. SUPPLEMENTAL SIGN REGULATIONS AS ADOPTED - JANUARY 2018 e. Illuminated Sign encasements shall be subject to requirements of Section 10.1.4 (c) of this Article. f. Information displayed on posters shall be limited to the specific Entertainment Establishments events and event show times. 10.3.3 Class C Signs (Commercial Advertising Signs) All Class C Signs shall comply with the requirements of the City Code, Article IX of Chapter 2 for Out- door Advertising on City Buildings and Article XIII of Chapter 62 for Murals and Billboards. 10.3.4 Home Office Signs All Home Office Signs shall be limited to one (1) sign and not to exceed one (1) square foot in Area located on the front facade. 10.3.6 Signs Above a Height of Fifty (50) Feet Except as otherwise provided in a specific Transect Zone, all Signs higher than fifty (50) feet above Average Sidewalk Elevation shall be permitted by Warrant and shall be reviewed based on the follow- ing guidelines: a. Signs shall be limited to the Building Identification or the name of one (1) major Commercial, Office or Lodging tenant of the Building occupying more than five percent (5%) of the gross leas- able Building Floor Area. Not more than two (2) Signs per Building on two (2) separate Building Facades shall be permitted. b. Signs shall consist only of individual letters or a graphic logotype. No graphic embellishments such as borders or backgrounds shall be permitted. c. The maximum Sign Area shall be as indicated in the table below. AREA any portion of a Sign over fifty (50) feet or greater, but less than two hundred (200) feet above grade 140 s. f. any portion of a Sign at two hundred (200) feet or greater, but less than three hundred (300) feet above grade 210 s. f. any portion of a Sign at three hundred (300) feet or greater, but less than four hundred (400) feet above grade 280 s. f. any portion of a Sign over four hundred (400) feet above grade 350 s. f. d. When text and a graphic logotype are combined in an integrated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal means of Building identification, the following regulations shall apply: X.24 MIAMI 21 ARTICLE 10. SUPPLEMENTAL SIGN REGULATIONS AS ADOPTED - JANUARY 2018 AREA any portion of a Sign over fifty (50) feet or greater, but less than two hundred (200) feet above grade 200 s. f. any portion of a Sign at two hundred (200) feet or greater, but less than three hundred (300) feet above grade 300 s. f. any portion of a Sign at three hundred (300) feet or greater, but less than four hundred (400) feet above grade 400 s. f. any portion of a Sign over four hundred (400) feet above grade 500 s. f. e. The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Build- ing wall upon which it is placed, as measured at the height of the Sign. The Sign shall consist of not more than one (1) horizontal line or one (1) vertical line of letters or symbols, unless it is determined by the Planning Director that two (2) lines of lettering would be more compatible with the Building design. The total length of the two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty percent (80%) of the width of the Building wall. f. No Waiver from maximum logotype, length of Sign or Number Of Signs shall be granted. g. The following design guidelines shall be applied to all Signs higher than fifty (50) feet above Average Sidewalk Elevation: 1. Signs should respect the Architectural Features of the Facade and be sized and placed sub- ordinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines shall not be allowed. 2. The Sign's color and value (shades of light and dark) should be harmonious with Building materials. Strong contrasts in color or value between the Sign and Building that draw undue visual attention to the Sign at the expense of the overall architectural composition shall be prohibited. 3. In the case of an Illuminated Sign, a reverse channel letter that silhouettes the Sign against an Illuminated Building face is desirable. Illumination of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Illuminated Signs on unlit Buildings shall not be allowed. 4. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places ordinance, shall not be construed as Signage subject to these regulations. X.25 MIAMI 21 ARTICLE 10. SUPPLEMENTAL SIGN REGULATIONS AS ADOPTED - JANUARY 2018 10.3.7 Special Sign Package The purpose of a Special Sign Package is to allow buildings exceeding 200,000 square feet of commercial or office gross leasable Building Floor Area, mixed use developments over four (4) stories (excluding residential uses), entertainment establishments and Civil Support Uses exceeding 200,000 square feet of Building Floor Area to allow greater flexibility in Sign regulations to result in a higher or specialized quality design. It is important that Sign designs preserve the characteristics of the surrounding community and create a Sign package that will contribute to the character of the area. Specific Sign standards may be exceeded for various Sign types with the exception that the total Aggregate Area is not exceeded. Comprehensive signage proposals for Special Sign Package may only be permitted by Warrant. Ag- gregate Areas that exceed Table 15 Sign Design Standards may be permitted only by Exception. 10.3.8 Regional Activity Complex Sign Package Comprehensive signage proposals for Regional Activity Complexes may only be permitted by Exception. Proposed Aggregate Area shall not exceed three (3) square feet for each linear foot of wall fronting on a street. In determining whether an Exception should be granted, the PZAB shall consider the following guidelines as well as Article 4, Table 12: a. Certain deviations from the Sign standards and areas otherwise applicable may be considered within comprehensive signage proposals for Regional Activity Complexes. Specific Sign criteria may be waived to achieve specific objectives commensurate with the facility's regional purpose, size, bulk and scale. b. Signs should respect the Architectural Features of the Structure and be sized and placed subor- dinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of Sign design problems considered unacceptable. c. The Sign's color and value (shades of light and dark) should be harmonious with Building ma- terials. Strong contrasts in color or value between the Sign and Building that draw undue visual attention to the Sign at the expense of the overall architectural composition shall be avoided. d. In the case a Sign is Illuminated, a reverse channel letter that silhouettes the Sign against a lighted Building face is desirable. Illumination of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Illuminated Signs on unlit Buildings are unacceptable. The objective is a visual lighting emphasis on the Building with the lighted Sign as subordinate. Automatic electric changing Signs acceptable under the Miami -Dade County Code Section 33-96.1 may be reviewed for compliance under this Section. e. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places under Miami -Dade County Code Section 2-11.15, shall not be construed as Signage subject to these regulations. X.26 MIAMI 21 ARTICLE 11. ART IN PUBLIC PLACES AS ADOPTED - JANUARY 2018 TABLE OF CONTENTS 11.1 ADMINISTRATION OF THE PROGRAM XI.3 11.2 REFERENCES XI.3 11.3 PUBLIC ART MASTER PLAN AND PUBLIC ART PROGRAM GUIDELINES XI.3 11.4 APPLICABILITY XI.3 11.5 RESERVED XI.4 11.6 RESERVED XI.4 11.7 GOVERNMENT DEVELOPMENT PROJECTS - PUBLIC ART REQUIREMENT XI.4 MIAMI 21 ARTICLE 11. ART IN PUBLIC PLACES AS ADOPTED - JANUARY 2018 THIS PAGE LEFT INTENTIONALLY BLANK. 1.2 MIAMI 21 ARTICLE 11. ART IN PUBLIC PLACES AS ADOPTED - JANUARY 2018 11.1 ADMINISTRATION OF THE PROGRAM The Public Art Program shall be administered by the Public Art Division, a division within the City's Planning Department. 11.2 REFERENCES See Chapter 62, Article XVI, of the City Code regarding the AIPBB, procedures, and other applicable requirements. 11.3 PUBLIC ART MASTER PLAN AND PUBLIC ART PROGRAM GUIDELINES The Public Art Division shall prepare both a Public Art Master Plan and Public Art Program Guidelines as defined in Article 1, Section 1.5. The Public Art Master Plan and the Public Art Program Guidelines shall be prepared and subject to approval of the City Commission, pursuant to a recommendation by the AIPPB. The Commission, pursuant to a recommendation by theAIPPB, shall also review and approve amendments to the Public Art Master Plan and the Public Art Program Guidelines, as may be proposed by the Public Art Division. 11.4 APPLICABILITY a. Government Development Projects including but not limited to those by the City, a Community Redevelopment Agency, the County, the State, or any other governmental agency shall comply with the provisions of Section 11.7 of this Article. b. The Building Department will calculate the pertinent PublicArt Fee in accordance with this Article. When disputes arise in determining the PublicArt Fee, the Developer(s) shall provide the Building Department and the Public Art Division a copy of the executed notarized construction services contract(s) for the Government Development Project so that the City can accurately determine the Construction Cost and properly calculate the Public Art Fee based upon the anticipated Construction Cost. c. The Al PPB, at a public hearing, may waive the following from the Public Art Program upon rec- ommendation from the Public Art Division: 1. The reconstruction of Structures which have been damaged by fire, flood, wind, or other act of God 2. The restoration or rehabilitation of a portion(s) of a Historic Resource as defined in Article 1, Section 1.5. that does not alter the size or occupancy load of the Structure. 3. The repair or rehabilitation of a Structure for the installation of fire sprinklers or improvements pursuant to the American with Disabilities Act. 4. Government Development Projects funded by grant(s) that prohibit the use of grant funds for purposes not specified under the grant(s). 1.3 MIAMI 21 ARTICLE 11. ART IN PUBLIC PLACES AS ADOPTED - JANUARY 2018 5. Affordable Housing Developments not otherwise required to provide Public Art pursuant to Section 2-11.15 of the Miami -Dade County Code, as amended. 11.5 RESERVED 11.6 RESERVED 11.7 GOVERNMENT DEVELOPMENT PROJECTS - PUBLIC ART REQUIREMENT a. All Developers for Government Development Projects shall provide for the acquisition of Art equivalent in value to not less than one and one-half percent (1.5%) of the Project Cost of all Government Development Projects. Acquisition, commissioning, and selection of Art for Govern- ment Development Projects shall be in accordance with the criteria and standards set forth in the adopted Public Art Master Plan and Public Art Program Guidelines and subject to approval by the AIPPB. To the extent the total amount is not used for the acquisition, selection, or com- missioning of Art, the remainder may be used for: 1. Public Art Program or administrative costs, repair and maintenance of any Art acquired under this Section, or insurance for any Art; or 2. To supplement other acquisition, commissioning, or selection of Art under this Section or the costs to transport, relocate, or remove Art in, on, or near government facilities which have already been constructed. b. Private funds used for Government Development Projects on land owned by the City, County, State, federal or any other governmental agency and on private property are subject to a one and a one-half percent (1.5%) Public Art Fee to be paid into the Fund prior to issuance of a master building permit. c. The AIPPB, upon a public hearing, may exempt the following from the Public Art Program upon recommendation from the Public Art Division: (i) The requirements of Section 11.7(a) may be waived by resolution of the AIPPB when a Government Development Project is funded by grant(s) that prohibit the use of grant funds for purposes not specified under the grant(s); or (ii) Government Development Projects or portions thereof that do not include Structures. 1.4 EXHIBIT E Conceptual Phasing Schedule See attached. CITY INNOVATION DISTRICT Magic City Innovation District Conceptual Phasing Plan Parcel 2013 2020 2021 2022 2023 2024 2025 2026 2027 2023 2029 2030 2031 2032 2033 2034 1 2 Begin Co ruction Consbucten Completion Begin Colrstructian _ Construction Completion _ 3 Begin Construction 4 Begin Construction „"__0:l Construction Completion 5 Begin Construction Construction Completion 6 Begin Construction Construction Completion v Begin Construction Construction Completion 8 Begin Construction End Construction 9 Begin Construction Construction In Progress Construction Completion 10 Begin Construction Construction In Progl Construction Completion 11 Begin Construction Construction In Progress: Construction Completion 12 Begin Construction Construction Completion 13 Begin Ccnstmctron Construction In Progress Construction Completion 14 Begin Construction Construction Completion 15 Begin Construction 16 n Construction Completion 17 Begin Construction MAGIC CITY INNOVATION DISTRICT SAP - CONCEPTUAL PHASING PLAN NOTE: PROPOSED CONCEPTUAL PHASING PLAN ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT I Begin Construction 'Construction In Progress Construction Completion CITY OF MIAMI HEARING BOARDS PLANS EVIEW H„mc Hoards Grr _Date C% Q VIA1,,f Br: trio June 20, 2018 47 EXHIBIT F Adopted Little Haiti/Lemon City Design Guidelines See attached. CITY OF MIAMI PLANNING DEPARTMENT HISTORIC LEMON CITY/ LITTLE HAITI CREOLE DISTRICT DESIGN GUIDELINES Lemon City, though never incorporated, was one of the earliest settlements in the Miami area, with its history dating back to c. 1870, when pioneers rushed to claim their share of land offered by the federal government through the Homestead Act. E.H. Harrington named the area for the lemon trees growing on his property, and the first use of the name "Lemon City" is recorded by the County in 1889. Lemon City grew as a result of the naturally occurring deep water port located at the Bay and what is now NE 61st Street. By 1896 with the arrival of the Florida East Coast Railway, Lemon City prospered with its main industries farming, fishing and shipping. By the 1920s Lemon City became a prime location for tourist camps. These camps, or parks, often had cabins for the thrifty "tin can" tourists who vacationed in Florida. One of these cabin courts, called "Magic City" remains today. One other building, the drugstore and medical office of Dr. John Gordon Du Puis, built in 1902 at 6041 NE 2nd Avenue also remains of the once prospering community. The City of Miami annexed Lemon City in 1925. Decades later the former Lemon City community saw its share of emigres, particularly from Haiti. The infusion of this culture has brought a new and vibrant "personality" to the area. The intent of these design guidelines is to influence future public and private development to respect and enhance the character of Lemon City and the Haitian culture of Little Haiti as a desirable place to live, work, and recreate. Access to Little Haiti Park shall be important for all pedestrians, including elderly and children. The main goals and strategic actions contained in the Miami Design District and Little Haiti Creole District Planning Study completed in November 1998, is to encourage revitalization focused on arts and design, strong urban character, and the area's importance as a commercial mixed use core for the surrounding residential neighborhoods. The intent encourages mixed -use structures with activities that generally serve the retailing, service, and housing needs. The Historic Lemon City/Little Haiti Creole District shall include all properties along NE 2nd Avenue between 52nd and 71st Streets. These guidelines will apply architectural and design standards to this highly visible area strategically located along NE 2nd Avenue, to protect against inappropriate, discordant or incongruent design. The design standards will encourage appropriate development for the community character and conservation of its unique cultural and historic heritage. This District is one of Miami's cultural gateways into the city and should be conserved and enhanced in a manner consistent with the heritage of the Haitian Caribbean island culture. The guidelines will assist in insuring that future development and redevelopment activity along the NE 2nd Avenue corridor respects this character and compliments the scale and variety of uses within the neighborhood. This unique blend of retail, office and residential uses characterize NE 2nd Avenue as a special urban neighborhood with a high volume of pedestrian activity. The architecture associated with Haiti is characterized as "French -Creole", a unique mixture of cultural traditions that reflect French and Spanish building traditions. Haiti, occupied by both the Spanish and the French, is also fiercely independent and with its own vernacular traditions synthesized a unique architectural type. Buildings within the area described in these guidelines shall be built to respect this culture, tradition, and architecture. The following guidelines will help to produce an aesthetic cultural idenitity: (1) Buildings shall be designed with the Carribean climate in mind and complementing the Carribbean-French Creole designed facades reminiscent of the Haitian culture and community's desired appearance. (2) Chain link fencing shall not be placed in the first layer adjacent to NE 2nd Avenue; unless it is of a temporary nature. EXHIBIT G Criminal Background Hiring Standards See attached. Exhibit G Criminal Background Hiring Standards The Developer (for purposes of this Exhibit G, also including its contractors and sub -contractors) will analyze the criminal background record of a potential candidate for construction -related employment on a case -by -case basis where the candidate's record contains an indication of the following: (i) adjudication of guilt; (ii) no action; (iii) nolle prosequi; (iv) withhold of adjudication; and (v) suspended entry of sentence. The Developer will make an individualized assessment of the information provided by the applicant. An individualized assessment generally shall consist of: (i) the employer informing the potential candidate that they may be excluded from employment at the SAP because of past criminal conduct; (ii) providing the candidate an opportunity to demonstrate that the exclusion does not properly apply to him or her; and (iii) a review and assessment of whether the additional information provided by the potential candidate shows that the prior conviction, violation or alleged criminal wrongdoing is not job -related or inconsistent with business activity. The potential candidate's showing may include information that the candidate was not correctly identified in the criminal record or that the record is otherwise inaccurate. Other relevant individualized evidence considered by the Developer in its review of record of criminal wrongdoing includes, but is not limited to: • The facts or circumstances surrounding the actual or alleged offense or conduct; • The number of offenses for which the individual was arrested and/or convicted; • Older age at the time of conviction, or release from prison; • Evidence that the individual performed the same type of work, post conviction, with same or a different employer, with no known incidents of criminal conduct; • The length and consistency of employment history before and after the offense or conduct; • Rehabilitation efforts (e.g., education/training); • Employment or character references and any other information regarding fitness for a particular position; and • Whether the individual is bonded under federal, state or local bonding programs. If the individual does not respond to the Developer's attempt to gather additional information about their criminal background, the Developer may make its employment decision without the information. The Developer considers the following criminal offenses to be illustrative of "job -related" or "inconsistent with business necessity" offenses: 49199161;2 • Aggravated Assault, per s. 784.021, Florida Statutes (2018). • Aggravated Battery, per s. 784.03, 784.041 and 784.045, Florida Statutes (2018). • Homicide, per Ch. 782, Florida Statutes (2018). • Kidnapping or False Imprisonment, per Ch. 787, Florida Statutes (2018). • Sexual Battery, per Ch. 794, Florida Statutes (2018). • Robbery, per s. 812.13, et seq., Florida Statutes (2018). • Abuse, neglect or exploitation of an Elderly Person(s) or Disabled Person(s), per Ch. 825, Florida Statutes (2018). • Abuse of Children, per s. 827.03(2)(a) and 827.03(2)(b), Florida Statutes (2018) • Affray, Riots, as defined in Chapter 870, Florida Statutes (2018). • Grand Theft, per s. 812.014, Florida Statutes (2018), within two (2) years of the date of application for employment. • Felony Petit Theft, per s. 812.014, Florida Statutes (2018), within two (2) years of the date of application for employment. 49199161;2 EXHIBIT H Required Roadway Improvements See attached. Required Roadway Improvements Exhibit H to Magic City SAP Development Agreement • Prior to any Temporary or Permanent Certificate of Occupancy issued on Parcel 5 (as identified on the Parcelization Plan at Sheet 43 of the Concept Book), scheduled for construction completion in 2028 (as shown on the Conceptual Phasing Plan at Sheet 47 of the Concept Book): o Realignment of the two (2) offset, stop -controlled intersections of NE 62nd Street at NE 4th Avenue (West) and NE 62nd Street at NE 4th Avenue (East) with NE 61st Street at NE 4th Avenue. The proposed realigned segment of NE 4th Avenue between NE 62nd Street and NE 61st Street will provide a three (3) lane section with an exclusive left -turn lane and an exclusive through lane at the northbound approach at the intersection of NE 62nd Street and NE 4th Avenue and at the southbound approach at the intersection of NE 61st Street and NE 4th Avenue. o The southbound approach at the intersection of NE 62nd Street and NE 4th Avenue will be reconfigured to provide one (1) through lane and one (1) exclusive right -turn lane (245 feet). Please note that right-of-way is not required for this improvement as on -street parking is provided along the west side of NE 4th Avenue just north of NE 62nd Street. • Prior to any Temporary or Permanent Certificate of Occupancy issued on Parcel 10 (as identified on the Parcelization Plan at Sheet 43 of the Concept Book), scheduled for construction completion in 2033 (as shown on the Conceptual Phasing Plan at Sheet 47 of the Concept Book): o Parcel 10, 2033: 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 10, 2033: The westbound approach at the intersection of NE 60th Street and NE 2nd Avenue will be reconfigured to provide one (1) exclusive left -turn lane (325 feet) and one (1) exclusive right -turn lane. 45990954;2 HNTB Corporation Engineers Architects Planners Date 8/21/2018 161 NW 6" Street Suite t000 Miami, Florida 33136 Mr. Collin Worth Transportation Analyst City of Miami — Office of Capital Improvements Re: Magic City SAP — Sufficiency Letter Dear Mr. Worth: Telephone (305) 551-8100 Facsimile (305) 551-2800 www.hntb.com INTB MCD Miami, LLC is proposing a mixed -use redevelopment generally bounded by NE 64th Street to the north, NE 59th Terrace to the south, Florida East Coast (EEC) railway to the east, and NE 2nd Avenue to the west in Miami, Florida. The parcels proposed for redevelopment are currently occupied by 135,656 square feet of warehouse space and a vacant 265,784 square -foot mobile home park. The proposed redevelopment consists of 2,208,540 square feet of general office building, 344,548 square feet of retail, 2,630 high-rise apartment units, a 432-room hotel and an 119,610 square -foot automobile storage facility. The applicant's consultant has provided valid responses to our comments and/or made changes to the traffic impact study report to address our comments. Results of the analyses demonstrate that the transportation corridors and intersections in the vicinity of the project site operate at adopted levels of service during both the A.M. and P.M. peak hours with the exception of the intersection of NW 62nd Street and I-95 northbound on/off-ramps which is expected to operate at LOS F under future background and future total conditions during the P.M. peak hour. Please note that FDOT is expected to implement capacity improvements at the NW 62"d Street and 1-95 interchange with anticipated completion in 2045. Further note that project traffic results in the equivalent of a 0.1 percent (0.1%) increase in overall intersection delay from future background conditions. The project proposes the following roadway improvements: • Realignment of the two (2) offset, stop -controlled intersections of NE 62"d Street at NE 4'h Avenue (West) and NE 62"d Street at NE 4'h Avenue (East) with NE 61" Street at NE 4t1r Avenue. The proposed realignment is expected to provide more direct connectivity along NE 4th Avenue from NE 62"d Street to NE 60" Street. The proposed realigned segment of NE 4" Avenue between NE 62"d Street and NE 61' 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 62"d Street and NE 4" Avenue and at the southbound approach at the intersection of NE 61" Street and NE 4th Avenue. The northbound approach is expected to operate at LOS E during the P.M. peak hour and the southbound approach is expected to operate at LOS D during the P.M. peak hour with the implementation of this improvement. • Extension of NE 3`d Avenue from NE 61' Street to NE 59" Terrace. The proposed extension is expected to provide more direct connectivity along NE 4" Avenue from. NE 62"d Street to NE 60`h Street. Page 2 of 2 • The southbound approach at the intersection of NE 62'd Street and NE 4th Avenue will be reconfigured to provide one (1) through lane and one (1) exclusive right -turn lane (245 feet). Please note that right-of-way is not required for this improvement as on -street parking is provided along the west side of NE 4th Avenue just north of NE 62nd Street. The southbound approach is expected to operate at LOS C during the P.M, peak hour with the implementation of this improvement, • 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. The westbound approach at the intersection of NE 60th Street and NE 2nd Avenue is expected to operate at LOS E + 50% during the P.M. peak hour with the implementation of this improvement. A signal warrant analysis was conducted at the realigned intersections of NE 62nd Street at NE 4th Avenue and NE 61" Street at NE 4t' Avenue. The results of the signal warrant analysis indicate that a signalization of the intersections is not recommended as they do not satisfy vehicular volume Warrant 1A, Warrant 1B, the combination of Warrants IA and 1B, nor Warrant 2. The applicant has proposed to undertake Transportation Control Measures (TCMs) to reduce the impact of project traffic on the surrounding roadways and promote the use of alternate modes of transportation. The development approval should be conditioned upon these TCMs being implemented: • The applicant has committed to providing secure bicycle parking (bicycle racks/lockers). • The applicant has committed to providing transit information within the site including route schedules and maps, • The applicant has committed to providing designated scooter/motorcycle parking spaces. • The applicant has committed to providing a Citibike station or bike rentals. • The applicant has committed to providing improved, enhanced (wide) sidewalks around the site. • The applicant has committed to providing a taxi/shared-ride drop-off/pick-up area. • The applicant has committed to providing bicycle lanes within the project area including along the NE 4th Avenue realignment and the NE 3rd Avenue extension. • The applicant will maintain/provide bus shelters at bus stops immediately adjacent to project property subject to City of Miami and Miami -Dade County Department of Transportation and Public Works approval. We would like to proceed issuing this sufficiency letter. Sincerely, HNTB CORPORATION 641- dth-.^-/‘ Carlos A. Alba, PE, PTOE Project Manager G1NTB EXHIBIT I Joinder Form See attached. Exhibit "I" ADDITIONAL PROPERTY TO DEVELOPMENT AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT OF JOINDER This ADDITIONAL PROPERTY TO DEVELOPMENT AGREEMENT JOINDER FORM ("Joinder Form") is executed this day of , 20 by the undersigned entity. RECITALS WHEREAS, the City of Miami ("City") has entered into a Development Agreement dated 20 , and recorded in the public records of Miami -Dade County, Book , Page (the "Development Agreement") with the Developer as defined therein, regarding the Magic City Innovation District Special Area Plan (the "SAP"); and WHEREAS, the Development Agreement secures certain benefits and obligations for the mutual benefit of the City and the Developer, as set forth in the Development Agreement; and WHEREAS, the Development Agreement allows the joinder of additional Abutting (as defined in Miami 21) properties subsequent to the Development Agreement's Effective Date (as defined therein) through the execution and recordation of this Joinder Form, provided the incorporation of such additional properties into the SAP has received all required City of Miami ("City") approvals (including the review and recommendation by the City's Planning, Zoning and Appeals Board ("PZAB") and approval by the City Commission); and WHEREAS, the undersigned owns property or a property interest Abutting the SAP to be incorporated in the SAP, more particularly described in Exhibit "A" attached hereto (the "Joinder Property"); and WHEREAS, the undersigned desires to enjoy the benefits conferred upon the Developer under the Development Agreement in respect of the Joinder Property, and in consideration for such benefits agrees to be bound by the obligations imposed therein upon the Developer. NOW THEREFORE, in consideration of the benefits conferred upon any Developer by the aforementioned Development Agreement, and certifying that the above recitals are true and correct, and incorporating such recitals herein, the undersigned does hereby execute this Joinder Form and the Joinder Property becomes an incorporated property pursuant to the Development Agreement subject in all respects to the terms and conditions thereof. The undersigned, and the Joinder Property, as applicable, shall assume all of the benefits, and be bound, comply with, and perform all of the obligations, as set forth in the Development Agreement and as applicable to the Joinder Property which the undersigned owns, provided the incorporation of the Joinder Property into the SAP has received all required City approvals (including the required review and recommendation by the PZAB and approval by the City Commission to amend the Miami 21 Atlas in respect of the Joinder Property's inclusion in the 45745448;2 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] By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE 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;2 The City hereby acknowledges and consents to the joinder of the above signatory and the Joinder Property as an additional property to the Development Agreement. IN WITNESS hereof the Parties have caused this Joinder Form to be duly entered into and signed as of the date written above. CITY OF MIAMI, a municipal corporation located within the State of Florida By: , City Manager APPROVED AS TO FORM AND CORRECTNESS: By: , City Attorney Witnesses: Print Name: Print Name: STATE OF COUNTY OF ) SS: ) The foregoing instrument was acknowledged before me this day of 20 , by , in his/her capacity as City Manager, on behalf of the City of Miami, a municipal corporation, who is personally known to me or who has produced as identification. NOTARY PUBLIC, State of Print Name: Commission Number: My Commission Expires: 45745448;2 EXHIBIT A Joinder Property Address and Legal Description 45745448;2 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/1 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 CI PROPERTIES VII, LLC, MAGIC CITY PROPERTIES II, LLC, MAGIC CITY PROPERTIES IX, LLC, MAGIC ITY PROPERTIES X, LLC, MAGIC CITY PROPERT S XI, LLC, MAGIC CITY PROPERTIES XIV, LLC, MA t, C CITY PROPERTIES XV, LLC, MAGIC CITY PROPE ' IES XVI, LLC, MAGIC CITY PROPERTIES XVII, C, MAGIC CITY PROPERTIES XVIII, LLC, GIC CITY PROPERTIES XIX, LLC, MAGIC CITY P OPERTIES XX, LLC, MAGIC CITY PROPERTIES XXI, C, MAGIC CITY PROPERTIES XXII, LLC, MAGIC TY PROPERTIES XXIII, LLC, MAGIC CITY PROP " ' TIES XXIV, LLC, MAGIC CITY PROPERTIES V, LLC, DRAGON GLOBAL MIAMI REAL ESTAT ' INVESTMENTS, LLC, LEMON CITY GROUP, LLC D IMPERIAL CAPITAL GROUP, LLC, REGARDING ' PROVAL OF THE MAGIC CITY INNOVATION DIST'/ CT SPECIAL AREA PLAN AND RELATED DEVELOP ENT This Development Agreement (t 's "Agreement") is made and entered into this day of , 2019, by and be -en and (i) the City of Miami, Florida, a municipal corporation and a political subdivisi•, of the State of Florida (the "City"), and (ii) MCD Miami, LLC, a Delaware limited liability Delaware limited liability comp company, Magic City Propert Properties IV, LLC, a Dela Delaware limited liability company, Magic City P Properties VIII, LLC Delaware limited lia company, Magic Properties XIV Delaware limi liability co Magic Cit XIX, LL limited com Pr ompany ("MCD Miami"), Magic City Properties I, LLC, a y, Magic City Properties 11, LLC, a Delaware limited liability s III, LLC, a Delaware limited liability company, Magic City are limited liability company, Magic City Properties V, LLC, a mpany, Magic City Properties VI, LLC, a Delaware limited liability perties VII, LLC, a Delaware limited liability company, Magic City Delaware limited liability company, Magic City Properties IX, LLC, a lity company, Magic City Properties X, LLC, a Delaware limited liability ty Properties XI, LLC, a Delaware limited liability company, Magic City C, a Delaware limited liability company, Magic City Properties XV, LLC, a d liability company, Magic City Properties XVI, LLC, a Delaware limited any, Magic City Properties XVII, LLC, a Delaware limited liability company, roperties XVIII, LLC, a Delaware limited liability company, Magic City Properties , a Delaware limited liability company, Magic City Properties XX, LLC, a Delaware liability company, Magic City Properties XXI, LLC, a Delaware limited liability ny, Magic City Properties XXII, LLC, a Delaware limited liability company, Magic City erties XXIII, LLC, a Delaware limited liability company, Magic City Properties XXIV, 1 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 LLC, a Delaware limited liability company, Magic City Properties XXV, LLC, a Dela re limited liability company, Dragon Global Miami Real Estate Investments, LLC, a Florida li ited liability company, Lemon City Group, LLC, a Florida limited liability company, and Iperial Capital Group, LLC, a Florida limited liability company (collectively, the "Develope '). The City and the Developer are together referred to herein as the "Parties". WHEREAS, the Developer is the fee simple owner of approximately -venteen point seventy-five (17.75) acres of abutting land located in the Little Haiti neighbo ood of the City (collectively, the "SAP Area" or "SAP Property"); and WHEREAS, the location of the SAP Area within the jurisdicti%nal boundaries of the City is shown in detail on the aerial map, along with correspond g addresses and legal descriptions, attached at Exhibit "A"; and WHEREAS, the SAP Area is currently underutilized, co isting 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 ac ' ity or contemporary commercial and retail growth, given the SAP Property's central locatio ithin the City and its proximity to the popular Little Haiti Soccer Park; and WHEREAS, the revitalization of SAP Area i consistent with the City's vision to foster vibrant entrepreneurial and pedestrian -oriented co unities 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 redevelo ► ng the SAP Property into a pedestrian -oriented, mixed -use urban campus with an eclectic ix of uses that integrates future mass transit options and will make the SAP Area a premier • - stination for innovation, technology, entrepreneurship, entertainment, art and culture, educati• , wellness and other creative enterprises to be known as the Magic City Innovation District; d WHEREAS, the current . nderutilized status of the SAP Property is inconsistent with the City's visions for revitalizati t of the local community and of supporting innovation and entrepreneurship in technolo , and the City seeks to encourage purposeful revitalization and the development of such uses ithin the SAP Area; and WHEREAS, t - Developer wishes to contribute to the local community by providing approximately 3.8 ac s of public Open Space/Civic Space Type (as defined in Miami 21) within the SAP Area, incl i ing the development of an approximately 2.18 acre centralized, state-of-the- art public pedes an promenade spanning the length of the SAP Area (the "Promenade du Grand Bois"); nd W REAS, the SAP Property is currently designated either Light Industrial, Medium Density ' stricted Commercial or Restricted Commercial on the City's Future Land Use Map, accordi ; g to the Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"); and WHEREAS, the SAP Property is currently zoned either D1 (Work Place) or T5-O ban Center), according to the Zoning Atlas of the Miami 21 Zoning Code ("Miami 21"); and 2 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 result in higher or specialized quality building and streetscape design; and WHEREAS, the Developer seeks to have the SAP Area rezoned to the Ma City Innovation District Special Area Plan (the "SAP"), as described in greater detail in te SAP's Regulating Plan attached at Exhibit "B" (the "Regulating Plan") and Concept Boo . ttached at Exhibit "C" (the "Concept Book"), both submitted to the City in connection there ith; WHEREAS, in connection with the SAP Area's rezoning to the S ', the Developer seeks to have (i) the Comprehensive Plan's Future Land Use Map designat ns of certain (but not all) of the SAP Property amended from the current designations o Light Industrial or Medium Density Restricted Commercial, as applicable, to General Com rcial, as illustrated on Concept Book Sheets 11-14, and (ii) the Transect Zone designations • certain (but not all) of the SAP Property amended from the current designations of T5-O nd D 1, as applicable, to MCID-1 or MCID-2, as applicable, as illustrated on Concept Boo heets 15-18 and described in detail in the Regulating Plan; WHEREAS, on January 12, 2018, the Developer fil- i an application with the City for approval of the SAP in order to develop the SAP Area in p . ses as a pedestrian -oriented, mixed - use project with a range of office, commercial/retail, re • dential and lodging uses focused on innovation, technology, entrepreneurship, entertainme , art, culture, education, wellness and other creative enterprises, and which will include a . . stantial public Open Space/Civic Space Type component open to the community (collective the "Project"); and WHEREAS, Chapter 163, Sections 16 .3220-163.3243, Florida Statutes (2018), "The Florida Local Government Development At eement Act", as amended from time to time, authorizes and provides for local governm is to enter into development agreements with any person or entity having a legal or equitabl- nterest in real property located within its jurisdiction; and WHEREAS, as a condition o the City's final approval of the SAP, the Developer and the City must enter into and rec• d a development agreement pursuant to Section 3.9.1.f of Miami 21; and WHEREAS, the lac of certainty in the development approval process can result in a waste of economic and 1 d resources, discourage sound capital improvement planning and financing, escalate the ost of housing and development, and discourage commitment to comprehensive planni and WHEREA assurance to the Developer that it may proceed in accordance with existing laws and policie , subject to the conditions of a development agreement, strengthens the public planning proc-:s, encourages sound capital improvement planning and financing, assists in assuring the -e are adequate capital facilities for the development, encourages private participatio in comprehensive planning and reduces the economic costs of development; and 3 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 WHEREAS, the City Commission pursuant to Ordinance No. 19- adopted on , has authorized the City Manager to execute this Agreement pon the terms and conditions set forth below, and the Developer has been duly authorized to - ecute this Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants any agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth • -rein: 1. Consideration. The Parties hereby agree that the consideration and .bligations recited and provided for under this Agreement constitute substantial bene s to all Parties and thus adequate consideration for this Agreement. 2. Rules of Legal Construction. For all purposes of the A: r-ement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural, and •rds in plural include the singular; (c) A pronoun in one gender includes and app es to other genders as well; (d) The terms "hereunder", "herein", "he of', "hereto" and such similar terms shall refer to the instant Agreement in i entirety and not to individual sections or articles; (e) The Parties agree that this Agrement shall not be more strictly construed against either the City or the Develo r -r, as all Parties are drafters of this Agreement; and (f) The recitals are true and ' orrect and are incorporated into and made a part of this Agreement. The attac -d exhibits shall be deemed adopted and incorporated into the Agreement; sro ded, however, that this Agreement shall be deemed to control in the even •f a conflict between the attachments and this Agreement. 3. Definitions. Capitali d terms which are not specifically defined herein shall have the meaning given in Mi mi 21. "Agreement" h.: the meaning given in the Preamble to this Agreement. "Assumptio has the meaning given in Section 31 of this Agreement. "CBE" h s the meaning given in Section 16(f) of this Agreement. "CSB. " has the meaning given in Section 16(f) of this Agreement. 66 D" has the meaning given in Section 30 of this Agreement. "City" as introduced in the Preamble to this Agreement, 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 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 "City Charter" means the municipal Charter of the City of Miami, as amended thro . gh and in effect on the Effective Date. "City Code" means the City of Miami Code of Ordinances, as amended throu and in effect on the Effective Date. "City Manager" means the City Manager of the City or his or her designe "Comprehensive Plan" as introduced in the Recitals to this Agreeme means the local government comprehensive plan known as the Miami Comprehe ' sive Neighborhood Plan, adopted by the City pursuant to Chapter 163, Florida Statut; (2018), meeting the requirements of Section 163.3177, Florida Statutes (2018), S-, ton 163.3178, Florida Statutes (2018) and Section 163.3221(2), Florida Statutes (20 ), which are in effect as of the Effective Date. "Community Benefit Contribution" has the Agreement. "Concept Book" as introduced in the Recitals Concept Book for the SAP approved by the diagrams for the SAP, attached hereto at Exhib' "Concerned Leaders of Little Haiti" me Florida unincorporated not -for -profit asso "Contractors" has the meaning give meanin given in Section 16(b) of this to is Agreement, means the illustrative y, consisting of plans, drawings and "C", as the same may be amended. ns the Concerned Leaders of Little Haiti, a ation. n Section 16(f) of this Agreement. "County" means Miami -Dade Co , nty, a political subdivision of the State of Florida. "Developer" has the meaning ,,even in the Preamble to this Agreement. "Development" means t carrying out of any building activity, the making of any material change in the u - or appearance of any structure or land, or the dividing of land into three (3) or more .arcels and such other activities described in Section 163.3221(4) Florida Statutes (201: "Development subdivision ap official acti authorizin ermit" includes any building permit, zoning permit or approval, royal, rezoning, certification, special exception, variance or any other or approval of local government having the effect of permitting or he development of Land. "Effec e Date" means the date of recordation of this fully -executed Agreement in the Publi ' Records of the County. 66 xisting Zoning" is (i) the Miami 21 Code, January 2018, as amended through and in ffect on the Effective Date, specifically including the Regulating Plan, Concept Book and this Agreement approved for the SAP, incorporating any modifications to the Miami 21 Transect Zone designations and Development standards applicable to the SAP Area 5 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 under the Regulating Plan, Concept Book and this Agreement; and (ii) the provisions of the City Charter and City Code which regulate development, as amended through and in effect on the Effective Date, which together comprise the effective land developme ' t 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 .(b) of this Agreement. "Initial Benefit Contribution Floor Area" has the meaning given ' Section 16(b) of this Agreement. "Land" means the earth, water, and air, above, below, or on the : rface 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 1• al government affecting the development of Land. "Little Haiti Community Revitalization Trust" s the meaning given in Section 16(b) of this Agreement. "MCD Miami" has the meaning given in the ' reamble to this Agreement. "Miami 21" as introduced in the Recital , o this Agreement, means the Miami 21 Code, the Zoning Ordinance of the City, enaed by City Ordinance No. 13114, as amended through and in effect on the Effective r ate. "Minimum Public Open Spachas the meaning given in Section 16(a) of this Agreement. "Palm Grove" has the mea 'ng given in Section 16(k) of this Agreement. "Parking Managemen Program" has the meaning given in Section 19 of this Agreement. "Parties" has the eaning given in the Preamble to this Agreement. The term Parties shall also includ-. he successors, grantees, heirs and assigns, as applicable, of any Party. "Permanent ' arking Facilities" has the meaning given in Section 19(b) of this Agreement "Plann' g Director" means the Director of the City's Planning Department or his or her successor or designee. 66 oject" has the meaning given in the Recitals to this Agreement. 6 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 "Promenade du Grand Bois" as introduced in the Recitals to this Agreement, means approximately 2.18 acre privately -owned Public Open Space and Civic Space Ty p - (as defined in Miami 21) intended to provide enhanced connectivity and commer al and non-commercial activation within the SAP Area, as illustrated in greater det 1 in the Concept Book and Regulating Plan. "Property Interest" means any interest or rights in any SAP Property, in uding without limitation, fee simple or other ownership, leasehold, master covena condominium, transferable development right, air right, easement or license interests • rights. "Public Facilities" means major capital improvements, includi but not limited to, transportation, sanitary sewer, solid waste, drainage, potable . ter, educational, parks and recreational, streets, parking and health systems and facilit' s. "Public Open Space" collectively means those cert. n areas designated by the Developer within the SAP Area for Open Space (as d-.'ined in Miami 21), centralized public Open Space and/or Civic Space Types (as de ned in Miami 21), consisting of approximately 3.8 acres in total and as illustrated in etail in the Concept Book. Public Open Space shall generally be unimproved by pe anent buildings, open to the sky and reserved for public use, as further provided and ' odified by this Agreement, the Concept Book and Regulating Plan. Public Open Spa - specifically includes the Promenade du Grand Bois. "Regulating Plan" as introduced in e Recitals to this Agreement, means the Regulating Plan for the SAP approved , the City, consisting of specific modifications to Miami 21 and applicable to all Dev opment within the SAP Area, attached hereto at Exhibit "B", as the same may be a► ended. "SAP" as introduced in the Re tals to this Agreement, means the Magic City Innovation District Special Area Plan, clusive of the Regulating Plan, Concept Book and this Agreement where applicabl "SAP Area" or "SA ' Property" has the meaning given in the Recitals to this Agreement. "SAP Campus Z e" means each of the four (4) SAP campus zones delineated on Sheet 22 of the Conce , Book and also described as follows: • Le "arche DuPuis: The western corridor SAP Campus Zone containing all the S .' Property with T5-O Transect Zone designations and located adjacent to NE d 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. 7 SUBSTITUTED MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 • Les Residences: The central core SAP Campus Zone containing all the Property with MCID-2 Transect Zone designations, and also the SAP Pr with D 1 Transect Zone designations located south of NE 60th Street. • Les Ateliers: The eastern core SAP Campus Zone, containing Property with MCID-1 and D1 Transect Zone designations locate central MCID-2 Transect Zone area, and extending to NE 4th Cou erty a the SAP east of the "SAP Development Program" means the proposed development pro !ram for the SAP, as detailed conceptually at Sheet 46 of the Concept Book, includi the proposed Uses (as defined in Miami 21) for the SAP and required parking ass• iated therewith to be developed within the SAP Area in accordance with the Regulating Plan and this Agreement. The SAP Development Program specifically excl des Surplus Parking. "SAP Floor Area Capacity" has the meaning given in Se. ion 8(c) of this Agreement. "SAP Transportation Trust Fund Contribution" h the meaning given in Section 20 of this Agreement. "SBE" has the meaning given in Section 16(f) of is Agreement. "Second Approval Benefit Contribution" as the meaning given in Section 16(b) of this Agreement. "Surplus Parking" means any parkin . spaces or facilities to be developed within the SAP Area in excess of the parking rep ired for each Use under the Regulating Plan. For purposes of determining Surplus P rking, the required parking for each Use shall be inclusive of any parking reductio . applied to such Use under the Regulating Plan. "Term" has the meaning give in Section 7 of this Agreement. "Transect Zone" has the ► eaning given in Miami 21. 4. Purpose. The purpos redevelop the SAP P will establish, as o the developmen certainty duri Developme will establ. among t of this Agreement is for the City to authorize the Developer to operty as the Magic City Innovation District SAP. This Agreement the Effective Date, the land development regulations that will govern of the SAP Property, thereby providing the Developer with additional the development process. Pursuant to Section 3.9.1.f of Miami 21, within the SAP shall be pursuant to a recorded development agreement that h the allocation of Thoroughfares and Civic Space Types and Building Area Building sites, and the creation and retention of public benefits. 5. Inte t. The Developer and the City intend for this Agreement to be construed and im, emented so as to effectuate the purpose of the Magic City Innovation District SAP cluding the Regulating Plan and Concept Book), this Development Agreement, the Comprehensive Plan, Miami 21, the City Charter, the City Code and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes (2018). 8 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 identifi:4 and legally described in Exhibit "A" hereto, which includes the SAP Property's ow►ers and individual legal descriptions of each parcel. 7. Term of Agreement; Effective Date and Binding Effect. This Agreement s : l have a term of thirty (30) years from the Effective Date (the "Term") and shall be ecorded in the public records of the County and filed with the City Clerk. The erm may be extended by mutual consent of the Parties subject to a public hearing, purant to Section 163.3225, Florida Statutes (2018). This Agreement shall become ffective on the Effective Date and shall constitute a covenant running with the land t' at shall be binding upon, and inure to, the benefit of the Parties, their successors, as gns, grantees, heirs, legal representatives and personal representatives. 8. Permitted Development Uses; Building Densities and Inte ities. (a) Magic City Innovation District SAP Designatio The City has designated the SAP Property as the "Magic City Innovation Di • rict SAP" on the official Zoning Atlas of the City, pursuant to the applicable pr,,cedures in Miami 21. The specific Transect Zone designations applicable to pr., .erties within the SAP Area shall be as set forth on Sheets 17-18 of the oncept Book. This Agreement, the Regulating Plan and Concept Book, a' applicable, provide for any deviations from the underlying regulations of iami 21 (including the Development standards for each Transect Zone wi in the SAP Area), and shall be applicable to all Development within the SAP , ea as set forth therein. In approving the SAP, the 'ty has determined that the uses, intensities and densities of development permitted thereunder are consistent with the Comprehensive Plan and tr Existing Zoning. (b) Density, Intensity, Use and Building Heights. 1. As of the ' ffective Date and pursuant to the Magic City Innovation District S ', the density and intensity proposed for the SAP are permitted by the isting Zoning and are consistent with the Comprehensive Plan. 2. As .f the Effective Date and pursuant to the Magic City Innovation D. trict SAP, the uses proposed for the SAP are permitted by the Existing oning and are consistent with the Comprehensive Plan. 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. Nothing herein shall prohibit the Developer from requesting a change of zoning, pursuant to Article 7 of Miami 21, to increase the density or 9 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 intensity of development permitted by the underlying Transect designation of any portion of the SAP Property by amending the S this Agreement. Z ne and 5. In the event the City should amend the Comprehensive Plan to . ermit the transfer of densities within a specified area so as to permi densities in excess of the density limits set forth in a particular Future and Use Map category, nothing herein shall prohibit the Developer fro ► requesting such density transfers within the SAP. (c) Development of Floor Area within the SAP Area. Th defined in Miami 21) that may be developed within the one hundred sixty-four thousand one hundred forty ( "SAP Floor Area Capacity"), limited within each S total Floor Area (as Area is eight million 64,140) square feet (the Campus Zone as follows: 1. Le Marche DuPuis: A maximum of f ; y-five thousand two hundred (45,200) square feet of Floor Area ma be developed within Le Marche DuPuis, all of which shall be allocate', to the SAP Development Program with zero (0) additional Floor Area •r Surplus Parking. 2. Les Bureaux: A maximum o nine hundred fifty-three thousand two hundred seventy (953,270) square feet of total Floor Area may be developed within Les Burex, with (i) eight hundred forty-six thousand twenty (846,020) square feet of Floor Area allocated to the SAP Development Program . d (ii) an additional one hundred seven thousand two hundred fifty (107, 50) square feet of Floor Area allocated to Surplus Parking. 3. Les Residences• thousand six developed forty-six t Area all two h of F A maximum of three million four hundred ninety-nine ndred (3,499,600) square feet of total Floor Area may be thin Les Residences, with (i) three million two hundred ousand eight hundred fifty (3,246,850) square feet of Floor cated to the SAP Development Program and (ii) an additional dred fifty-two thousand seven hundred fifty (252,750) square feet or Area allocated to Surplus Parking. 4. s 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; 10 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 however, no Floor Area allocated to Surplus Parking may be transferred am SAP Campus Zones. 9. Prohibition on Downzoning. (a) The Comprehensive Plan in effect on the Effective Date, the Existint Zoning and this Agreement shall govern the development of the SAP Area for ' e duration of this Agreement. The City's laws and policies adopted after th- Effective Date may be applied to the SAP Area only if the determinations r;.uired by Section 163.3233(2), Florida Statutes (2018) have been made after th y (30) days written notice to the Developer and following a public hearing or . s otherwise provided herein. (b) This prohibition on downzoning supplements, that may vest to the Developer under Florida Developer reserves the right to challenge any land development regulations which are in con (a) common law principles including, but n vested rights, or (b) statutory rights whic Florida Statutes (2018). The City rese claims it may have in response to the D subsequently adopted changes to land rathe ' than supplants, any rights or 'ederal law. As a result, the s . • sequently adopted changes to ict with this Agreement based on limited to, equitable estoppel and ay accrue by virtue of Chapter 70, s all its defenses, immunities and any eloper's foregoing right to challenge any evelopment regulations. 10. Future Development Review. Future • •velopment within the SAP Area shall proceed pursuant to the processes and in accor. : nce with the design requirements set forth in the Regulating Plan and Concept Book ached hereto, although the City and the Developer agree that the Concept Book shall • rve as an illustrative guiding document and the City shall not withhold development pprovals for the SAP Area if otherwise in substantial compliance with the guideline: and processes of the SAP. The criteria to be used in determining whether future development shall be approved is the proposed development's consistency ith the Comprehensive Plan, this Agreement and the SAP. 11. Phased Development. The Developer and the City agree that the Project may be developed by multip - parties in one (1) or more phases over the life of the Project. Attached as Exhi t "D" is a conceptual phasing plan for the SAP buildout. The Developer and th- City acknowledge and agree that the attached conceptual phasing plan is conceptual i nature and based on projected future market conditions, and is therefore subject to adj . stment by the Developer. 12. Environ • ental. Except as otherwise set forth herein, the City and the Developer agree that the 1 eveloper shall comply with the requirements and general intent of Chapter 17 of the C y Code, by performing tree replacement as follows below. The City finds that the Pro -ct will confer a significant net improvement upon the publicly accessible tree copy in the area, and will include the preservation of a significant portion of the xisting 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. 11 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 (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 possib (including within the SAP Area's Public Open Spaces and Civic Space Typ s), the Developer may enter into an agreement with the City to perfor tree replacement on public property in the following order of priority: (i) with' a one (1) mile radius of the SAP Area; or (ii) within any City park subject t• approval by the City. The City further agrees aid in the facilitation of the pe itting and planting of replacement trees on all public rights -of -way within t. - SAP Area, within a one (1) mile radius of the SAP Area and within C parks. The Developer does hereby agree to water, trim, root, prune, • ace, nourish or undertake any other necessary maintenance of the trees it slants, as may be required by the terms of this Agreement or by the Resilie e and Public Works Department (or its successor), or the City Arborist or the Term of this Agreement. The Developer further agrees to warrant - ach off -site replacement tree for one (1) year after the date of installation. The Developer shall be responsible for the adequate maintenance and care .f these trees for the term of this Agreement and shall obtain any applicable per its. (b) SAP Area tree installation maintenance an. •uarantee. For all trees placed within the SAP Area, the Developer sha install any needed irrigation and corresponding water meters to support e 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 fo 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 pe ► it shall be required for all removal, relocation and mitigation of trees within e SAP Area. (c) Tree installation. The De -loper shall install trees opportunistically within the public right-of-way, subj - ct to approval by the appropriate City department. (d) Staff Arborist Revie' . Tree installation and tree maintenance plans shall be administratively re ewed and approved by a City staff arborist. 13. Construction of Enc existing pedestrian-r plans to retain as the Developer modifications restrict the u of the Pub adoption the Cit Cod wi i achments in Public Ri hts-of-Wa . The City finds that any ated encroachments in the public right-of-way which the Developer ell as the SAP -related pedestrian -related encroachments proposed by he public right-of-way (e.g., a pedestrian overpass over the proposed NE 4th Avenue), as illustrated in the Concept Book, do not unduly of the public right-of-way and are an essential element in the construction is Open Spaces and Civic Spaces to be included in the SAP Area. The f this Agreement shall serve to satisfy the requirements of Section 55-14(b) of Code. Further, notwithstanding the requirements of Section 55-14(c) of the City the City agrees to waive any and all claims to payment of a user fee in connection the construction or maintenance/retention, as applicable, of the aforementioned 12 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 encroachments proposed by the SAP within the public rights -of -way and the use of 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 C y Code. In consideration for authorization the construction or maintenance/re -ntion, as applicable, of the aforementioned encroachments, the Developer further cov; ants to: 1. Maintain the proposed pedestrian overpass and any other proposed encroachment in accordance with the Florida Building ode and the City Charter and City Code. 2. Restore or remove the encroachment within thirty (3 5 days of written notice by the director of the Department of Resilience nd Public Works (or its successor) to properly maintain, restore or re ' ove the overpass or other encroachment, as applicable. Notwithstandin• he foregoing, the City agrees that it shall not unreasonably order the remo al of any such encroachment so long as the Developer properly maintains a d/or restores the encroachment. 3. In the event of a failure of the Develo. er to restore, maintain or remove the overpass or other encroachment in a ordance with the preceding subsection, when notified, the City Manager m contract for the restoration, maintenance or removal of the overpass or other encroachment, and place a special assessment lien against the D- eloper's Abutting (as defined in Miami 21) private property for the unpai • cost of the restoration, maintenance or removal. These unpaid costs and e,'.enses incurred by the City or its agents shall constitute special assess ' nt liens against the Abutting private real property of the Developer, and un . fully paid and discharged, or barred by law, shall remain liens equal in ank and dignity with liens of the City and County ad valorem taxes an' superior in rank and dignity to all other liens, encumbrances, ti es and claims in, to or against the real property involved. Such fees shall . ecome delinquent if not fully paid within sixty (60) days after their due dat-. The total outstanding balance of delinquent fees and related charges sha bear an interest charge of one percent (1%) per month. Unpaid and delinent fees, together with accrued interest, shall remain and constitute special . ssessment liens against the Developer's Abutting real property invol d which is deriving a benefit. Such special assessment liens for the rep r, maintenance, removal or restoration costs and interest may be enforced b any of the methods provided in Ch. 85, Florida Statutes, or in the ternative, 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 13 SUBSTITUTED MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 property damage. The insurance shall remain in effect for as long as e encroachment(s) exist within the right-of-way. Should the Developer f it to continuously provide the insurance coverage, the City shall have the ' ght to secure similar insurance policy in its name and place a special assess ent lien against the owner's abutting private property for the total cost of th- •remium. 5. The Developer shall hold harmless and indemnify the City, i officials and employees from any claims for damage or loss to proper and injury to persons of any nature whatsoever arising out of the se, construction, maintenance or removal of the pedestrian overpass or an other encroachment and from and against any claims which may arise t of the granting of permission for the encroachment(s) or any activity p; ormed under the terms of this Agreement. 14. Street Closure and Vacation. A critical element to Public Open Space and Civic Space is the modification as illustrated in the Concept Book. In accordance w Code, the Developer intends to seek the approval rights -of -way for the purpose of being incorpora the proposed modifications to NE 4th Aven Avenue between NE 60th and NE 62nd S extension immediately to the east of the inte 15. Preservation of the DuPuis Medical agrees to take all reasonably necessa designated DuPuis Medical Office by either (i) reconstructing portio to a formal renovation and rec portions of the existing struct in either case in accordance City and the County, as ap Section 15, the City agr of the historic DuPuis to remain encroach' any required Cou te success of the SAP Area's nd re-routing of NE 4th Avenue Chapters 54 and 55 of the City the vacation and closure of public d into the SAP Area and effectuating , including the following: (i) NE 4th eets; and (ii) the short NE 61 st Street ection with NE 2nd Avenue. ffice & Dru store Buildin . The Developer steps to ensure the preservation of the historically rugstore building located at 6041 NE 2nd Avenue, of the existing structure in its current place pursuant struction plan, or (ii) by relocating and reconstructing e out of the current NE 2nd Avenue zoned right-of-way, ith the final binding direction Developer obtains from the licable. In exchange for the Developer's obligation under this s that, if reasonably necessary for the Developer's preservation edical Office & Drugstore building, the structure shall be entitled g into the current NE 2nd Avenue zoned right-of-way (subject to approval(s) of the same). 16. Public and C ' munit Benefits. (a) Pu'. is O. en S. ace. As consideration for certain modifications to standards and r' quirements 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 14 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 Conce%t Book, or as otherwise mutually agreed by the Developer and the Plan 'ng Director. 1. With each phase of SAP development (as conceptually shown o ' Exhibit "D"), the Developer shall construct a corresponding and ► oportional amount of the Minimum Public Open Space. Specifically, e amount of Minimum Public Open Space corresponding to each •hase of SAP development shall be the proportional amount of the entire Minimum Public Open Space that is equivalent to the proportio of the acreage of such phase of SAP development compared to the . creage of the entire SAP Area. For example, if the acreage of a pha of SAP development comprises fifteen percent (15%) of the acreage of the entire SAP Area, Public Open Space in an amount of fifteen .ercent (15%) of the total Minimum Public Open Space shall be prov i ed in connection with such SAP development phase. 2. All sections of the Promenade du Gra Bois shall have a minimum width (north -south) of at least fifty (50) et. In addition, the Promenade du Grand Bois shall, once fully com ete, have an overall average width of ninety (90) feet along its entire 1-. gth. 3. The Developer shall not b required to dedicate, reserve or otherwise dispose of any land within e SAP Area for the Public Open Space. The Developer shall retain o ership of the Public Open Space but shall allow public access to, and p 4 blic use of, the Public Open Space at a minimum during the hours fro 6:00am to 12:00am (midnight), seven (7) days a week, with reas%nable temporary closures allowed for required maintenance/cony ruction, temporary and special events permitted in accordance wi . Section 25 of this Agreement or other similar activities. During the -maining hours from 12:00am (midnight) to 6:00am, the Developer ay reasonably restrict access to the Public Open Space for purposes •f safety, maintenance/construction or other similar activities. 4. The r eveloper shall retain the exclusive right to design, landscape and de 'rmine the programming for the Public Open Space, subject to proval by the Planning Director or his/her designee, which approval shall not be unreasonably withheld, delayed or conditioned. 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, SUBSTITUTED MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 with each event not to exceed a period of five (5) days, unless approve. • y the City Manager for additional time. For any such temporary or s r cial events held within the SAP Area, the Developer shall inc• porate temporary traffic calming measures as required by the City's ' -silience and Public Works Department (or its successor), if any, and coordinate and/or provide for extra security and policing as required the City's Police Department. 6. The Developer shall maintain and operate the P •lic Open Space, including pursuant to any applicable specific mai nance standards as mutually agreed by the Developer and the City. (b) Community Benefit Contribution. 1. Little Haiti Communit Revitalization Tru ninety (90) days from the date of final SAP, establish a new community re Haiti Community Revitalization specified cash contributions by t 16(b), and distribute such funds benefits in Little Haiti. The City shall, no later than d unappealable approval of the talization trust fund (the "Little rust") to collect and maintain Developer pursuant to this Section or the purpose of providing community 2. Cash Contributions. The P eveloper shall make cash contributions to the Little Haiti Community ' -vitalization Trust in a cumulative amount of up to Thirty -One Milli • and 00/100 Dollars ($31,000,000.00) (the "Community Benefi ' Contribution"), to be made as follows: The Deve •per shall make an initial contribution of Three Million and 00/ 10 Dollars ($3,000,000.00) no later than Ninety (90) days follo ng the date on which approval of the SAP by the City Co ► mission becomes final and unappealable (the "First Approval B efit Contribution"). ii. The Developer shall make a second initial contribution of Three Million and 00/100 Dollars ($3,000,000.00) no later than One Hundred Eighty (180) days following the date on which the First Approval Benefit Contribution is made (the "Second Approval Benefit Contribution," together with the First Approval Benefit Contribution, the "Initial Benefit Contributions"). The Initial Benefit Contributions shall be credited and applied toward the Developer's development and construction of an amount of Floor Area within the SAP Area at a rate of Four and 03/100 Dollars ($4.03) per square foot, to be offset against the amount of the Initial Benefit Contributions in each applicable building permit (the "Initial Benefit Contribution Floor Area"). The Initial Benefit Contribution Floor Area shall be available to the 16 SUBSTITUTED. 0180); 0010 321 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 Developer immediately following payment of the Initial Be ' fit Contributions. iii. After the Developer has obtained valid building permi . for the entire Initial Benefit Contribution Floor Area, the remaining Twenty -Five Million and 00/100 Dollars ($25,000,0►0.00) of the Community Benefit Contribution shall be assessed nd payable, as needed by the Developer, prior to the issuance •,' each additional building permit on a proportional basis for t amount of Floor Area required under each such building perm , at the same rate of Four and 03/100 Dollars ($4.03) per squ.. e foot of Floor Area, until the remaining Twenty -Five Mill' on and 00/100 Dollars ($25,000,000.00) is satisfied. iv. Notwithstanding the foregoing, the four hundred eighty-two tho (482,569) square feet of Floor on Page 43 of the Concept Community Benefit Contri under this Section 16(o constructed without ref: from the payment • Contribution. v. For the avoida Area shall r limitations the maxi provide accor evelopment of approximately and five hundred sixty-nine ea on SAP Parcel No. 8, as shown ook,1 shall not be subject to the ton and the related Floor Area offset , and may be freely permitted and ence to or requiring any Floor Area credit any portion of the Community Benefit e of doubt, development capacity within the SAP ain authorized up to the maximum Floor Area t forth at Section 8(c) of this Agreement (and up to um building heights set forth in the Regulating Plan), all Floor Area is developed and constructed in nce with this Agreement and the Regulating Plan. vi. T ► e Developer shall have no obligation to make any Community enefit Contribution payment until the City has formally approved and established the Little Haiti Community Revitalization Trust. vii. Prior to the earlier of (i) the expiration of the Term (including any extension thereof) or (ii) the City's issuance of the final Certificate of Occupancy for the development of all the SAP Floor Area Capacity, the Developer shall be required to have made a cumulative minimum amount of Community Benefit Contribution payments equal to six million (6,000,000) square feet of Floor S' P Parcel No. 8 consists of the following current addresses: 370 NE 60th Street (folio no. 01-3218-016- 5552 NE 4th Avenue (folio no. 01-3218-016-0200); 5972-5974 NE 4th Avenue (folio nos. 01-3218-089- -3218-089-0020); 334 NE 60th Street (folio no. 01-3218-016-0140); and 350 NE 60th Street (folio no. 01- 016-0150). 17 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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), regardle of whether Developer has constructed six million (6,000, ! 4 0) square feet of Floor Area within the SAP Area. The Initial B nefit Contributions shall apply and be credited towards this cu ► lative minimum amount. 3. Use of Community Benefit Contribution. The Parties . •ree that all Community Benefit Contribution funds deposited in t e Little Haiti Community Revitalization Trust shall be used only •r the following purposes: 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 pr••rams, local small business development, local workforce pa cipation and hiring programs, the beautification of NE 2nd Ave, e and other areas in Little Haiti, and/or the creation and im r ovement of public parks. The Community Benefit Contrib ion shall not be used for any other project, program or purp• e. The City's Ordinance(s) and/or Resolution(s) evidencing e formal approval and establishment of the Little Haiti Com ' unity Revitalization Trust shall contain corresponding langu.:e placing the same restrictions on use of the Community Benefi ontribution. ii. Five Hundred ousand and 00/100 Dollars ($500,000.00) of the First Approv. Benefit Contribution, Five Hundred Thousand and 00/100 Do ars ($500,000.00) of the Second Approval Benefit Contribu on and twenty percent (20%) of the remaining Comm ity Benefit Contribution (for a cumulative total of Six Milli • Dollars and 00/100 ($6,000,000.00)) shall be reserved for procts and programs, in each case conforming to the list of p miffed purposes in the preceding Section 16(b)(3)(i), which are dentified and/or selected by the Concerned Leaders of Little Haiti and approved by the Little Haiti Community Revitalization Trust. (c) Historic Lemon Cit /Little Haiti Creole District Desi n Guidelines. The Devel• •er acknowledges the importance of preserving as well as enhancing the rich ' ultural history and aesthetic heritage of the Little Haiti community. To such en,,, the Developer agrees that it shall use diligent, good faith efforts to assist and operate 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 of which is attached at Exhibit E). The City and the Developer acknowledge and 18 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 agree that the Historic Lemon City/Little Haiti Creole District Design Guideles shall continue to apply only to those properties directly fronting on 2nd Avenue between NE 52nd Street and NE 71 st Street, and shall not be exte ' ded to any portion of the SAP Area not already subject to the Historic Lemon ty/Little Haiti Creole District Design Guidelines on the date hereof. (d) Passenger/Commuter Rail Station. In the event a passenger/com i ter rail station serving the SAP Area and the Little Haiti community is dev' oped within or directly abutting the SAP Area at the location shown in the ' gulating Plan and Concept Book (or at a substantially similar location direc y abutting the SAP Area), the Developer and the City shall cooperate in he development and construction of the rail station so as to best serve the Pr ect and the surrounding community. To such end, the Developer agrees that t shall use its good faith, best efforts to arrange the financing of the constru ion of such station, through private funding, public funding (including pub c grants and loans), or any combination thereof, and to coordinate and ge erally oversee the construction process, to the extent required. (e) Magic Cit Innovation District MCID F%undation. The Developer has created the Magic City Innovation District ' CID) Foundation to support local economic and community developmen efforts in the Little Haiti community. The foundation may provide programs t• the local community including micro -loans for local businesses, special jo.s training, housing programs, educational programs for local residents, • asses or workshops on entrepreneurship and cultural programs. (f) Job Creation and Em .lo ► ent O . . ortuniti es. The Developer anticipates that the Project will generate substantial amount of non -construction employment opportunities in the a as of media and technology, the arts and entertainment, hospitality and recre.tion, retail, trade and exhibition and education. Generally, the Developer sha use diligent, good faith efforts to consult and coordinate with the City's Care: Source South Florida center located at the Lindsey Hopkins Technical Cen -r at 750 NW 20th Street, 4th Floor, Miami, FL 33127, and other local and/o state economic development entities and local educational institution regarding job training and job placement services for qualified local residents eeking such employment opportunities with employers within the SAP Area. he Developer also anticipates that the Project, during the course of deve •pment, will generate a substantial amount of construction -related e •loyment opportunities. 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 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 i. The Developer and its Contractors, as applicable, shall adher; to the following descending hierarchy with respect to r ring objectives and practices within the SAP Area: 11 a. Residents of the City's Little Haiti neighbor •od in the following zip codes: 33137, 33138, 33150 an. 33127. b. Residents of the Southeast Overt. n/Park West Community Redevelopment Area or i the following zip codes within the City: 33128, 33130, 134, 33142, 33125, 33135 and the portions of zip codes 33133 and 33146 commonly referred to as "West Co onut Grove". c. If no residents described abo - at Section 16(f)(1)(i)(a) or (b) are qualified or can be qualified within a reasonable amount of time, then City esidents who reside outside the above targeted City area and zip codes. d. If no residents desc ' • ed above at Section 16(f)(1)(i)(a)—(c) are qualified or an be qualified within a reasonable amount of time then County residents who reside within one (1) of the we (5) zip codes with the highest poverty rate in the C%unty. e. If no res'. ents described above at Section 16(f)(1)(i)(a)—(d) are q .lified or can be qualified within a reasonable amo , nt of time, then County residents who reside outside th above targeted County zip codes. The Parties agree that the individuals will be employed based on the ' ierarchy established above. For purposes of clarity, the intent o Section 16(f)(1) is to encourage the Developer and its ontractors to hire as many qualified persons from communities within the City and County with high poverty rates to work on the Proj ect. 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 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 3. Job Sourcing. The Developer shall require its Contractors to use good faith, best efforts to work with workforce development agencies a organizations to source job opportunities for both skilled and unski ed laborers seeking employment opportunities within the const ton industry. 4. Community Business Enterprise ("CBE"), Community Sm. Business Enterprise ("CSBE") and Small Business Enterprise ("SBE" The Developer shall require its Contractors to u good faith, best efforts to award a minimum of twenty perc-. t (20%) of direct construction contract costs to subcontractors - hich are certified as CBE by the County. ii. The Developer shall require that seven d one-half percent (7.5%) of the professional services contrac : for soft development costs including without limitation, t esign, engineering, survey, inspection, testing and legal se ices, shall be awarded to firms certified by the County as C , CSBE or SBE at the time the contract is signed. iii. The Developer shall contractual agreements materials, supplies a the County as CB signed. 5. Job O r: . uire that ten percent (10%) of the for construction and construction related fixtures are awarded to firms certified by CSBE or SBE at the time the contract is ortunity Adv rtisements. The Dev; oper shall require its Contractors (i) to electronically post j • . opportunities in the construction of the Project in estab ; shed local job outreach websites and organizations, inc i ding without limitation, Youth Co -Op, South Florida orkforce, NANA, the Florida Department of Economic pportunity Career Source of South Florida in Miami, and (ii) to advertise such construction job opportunities on local Haitian radio stations serving Little Haiti and at churches within Little Haiti. The Developer shall advertise post -construction job opportunities made available directly by or through MCD Miami and its affiliate entities on local Haitian radio stations serving Little Haiti and at churches within Little Haiti. Job Creation Monitoring Contract. Within sixty (60) days of being issued a building permit for above -ground, vertical improvements for the SAP, 21 SUBSTITUTED. (g) MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 the Developer shall designate a firm which shall be CBE/CSBE/ ,. E certified which shall be designated to monitor the above Local Wor 'orce Participation, Job Sourcing, Job Opportunity Advertiseme r and CBE/CSBE/SBE requirements. 7. Minority Internship Program. MCD Miami (or an affiliate ereof) shall establish an internship program at the SAP offering i ernships on a periodic basis to a limited number of qualified high school or post- secondary students and graduates who are minoritie residing in Little Haiti. The Developer shall, in its reasonable discreti • , (i) select qualified interns for the program through an application proc ss to be established by the Developer, and (ii) determine the specific cteria of each internship (e.g., duration, time commitment, remunerati (if any) and substantive focus). The foregoing standards and requirements of is Section 16(f) shall not be deemed or construed to require the Developer , its Contractors to hire employees who do not comply with OSHA require ents, drug testing requirements or insurance company requirements; howev-. construction laborers with minor or insignificant non-violent felonies shall ' of be denied employment solely based upon such criminal record. Retail Merchandising Units. The 1 eveloper agrees that it shall reserve twenty percent (20%) of the thirty-five . 5) Retail Merchandising Units (as defined in the Regulating Plan) available wi in the SAP Area under the Regulating Plan for local Little Haiti businesses • enterprises owned by Little Haiti residents. (h) Educational Institution. The Developer agrees that it shall partner with, or otherwise seek the inv• vement of, an accredited public or private post -secondary educational institut .n for purposes of input and/or programming in the development of th- AP. (i) NE 2nd Ave e Plannin Beautification and Desi n Conce .t Stud . The Developer at ees that it shall use diligent, good faith efforts to cooperate with, and provie e reasonable non -financial assistance to, the City in the City's commiss'•n 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 porti .n of the funding required for such study may be drawn from the Community Be' efit Contribution made in accordance with Section 16(b) above. (j) SAP Identification. The Developer shall include the words "Little Haiti" in all outdoor signs and displays identifying or referencing the SAP. Traffic Calming Study. The Developer shall conduct a traffic calming study to determine recommendations for alternatives to slow and deter cut -through traffic and its impact on the Palm Grove neighborhood, located within the area bounded 22 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 by Biscayne Boulevard to the east, the Florida East Coast Railway corridor to e west, NE 54th Street to the south and the Little River to the north (" ' alm Grove"). (1) Miami Trolley Expansion Study. The Developer shall conduct a expansion study to develop recommendations for a local circulator or trolley ro e to operate between Palm Grove and the SAP. (m) Palm Grove Entrance Signs. The Developer shall fund te production and installation of two (2) Palm Grove neighborhood entran signs in the total amount of up to Ten Thousand and 00/100 Dollars ($10,004.00). (n) Eaton Park Beautification and Parking. The Developer shall fund landscaping and fencing projects at Eaton Park (approximately 1 • ated at 460 NE 61 st Street) in the total amount of up to One Hundred Thous d and 00/100 ($100,000.00). The Developer shall also cooperate with t' e Palm Grove Neighborhood Association in its request or application to t e City and/or the Miami Parking Authority (MPA) to construct a public par g lot at the southern end of Eaton Park. 17. Ri ' ht-of-Wa and Pedestrian Infrastruct e Im r rovements. The Developer shall landscape and construct improvements to all portions of rights -of -way immediately fronting properties within the SAP Area .e., NE 2nd Ave., NE 3rd Ave., NE 4th Ave., NE 60th St., NE 61st St. and NE 62 St.), in substantial accordance with the SAP thoroughfare sections shown in the •ncept Book and Miami 21, as applicable. Such improvements shall include witho . limitation: sidewalks designed to accommodate increased pedestrian activity; cr• swalks with contrasting pavers on all right-of-way immediately fronting the SAP; ndscaping per the standards of the Regulating Plan and Miami 21, as applicable; paving and hardscape improvements; right-of-way improvements (e.g., the pro osed rerouting of NE 4th Ave. and the extension of NE 3rd Ave.); streetscape improv' ments, including without limitation, benches, street lighting, wayfinding signs, trash . eceptacles and planters, the design of which shall be approved by the Planning Depa' ment prior to the issuance of a building permit for the SAP; and general thoroughfare and streetscape improvements. The proposed right-of-way improvements de • ribed herein and as shown in the Concept Book are subject to approval by the ' ity's Planning and Resilience and Public Works Departments (or their successors), a r to the extent applicable for any rights -of -way under County maintenance jurisdiction, orresponding approval by the County's Transportation and Public Works Departme (a) or 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) the Pedestrian Passage will result in a pedestrian connection between either (x) 23 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 Pedestri Passage within the applicable frontage area. A Pedestrian Passage may be ro• ed above the first floor for one hundred percent (100%) of its length, but any roofed portion shall not count towards minimum Open Space requirements u i er the Regulating Plan. (b) The Developer shall also include dedicated bicycle lanes withi and directly abutting the SAP Area as shown on Sheet 38 of the Concept Boo,. 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 Dev loper's discretion. (c) Attached at Exhibit F is a list of proposed roadway im D ovements required for the SAP development which have been accepted by e City pursuant to the Traffic Sufficiency Letter also enclosed at Exhibi F. Subject to obtaining required right-of-way, development and constructio r approvals from the City and County, as applicable, and also subject to the 'ity's subdivision process and related subdivision improvements requirement pursuant to Ch. 55 of the City Code (as modified in this Agreement), the D- eloper agrees that the enumerated roadway improvements shall be construe ' d in accordance with the phasing schedule at Exhibit F. 18. Valet Parking. The Developer intends to est SAP Area generally. Notwithstanding Sec amended, multiple valet permits may be immediately adjacent to or on the same within the SAP Area where the per system. 19. Parkin Mana ement Pro parking under the Existing centralized parking manage existing and anticipated Developer and review building permit for t shall be debited fr availability shall street parking r within the S the Parking the parki and fig accor inte r m it lish a uniform valet system to service the ons 35-305 and 35-306 of the City Code, as sued for the operation of a valet parking area ide of the block of an existing valet parking area applicant is the operator of the uniform valet . Parking within the SAP Area (including required Z• ing) shall be implemented and counted through a pooled ent program. The parking management program shall track arking through an interactive spreadsheet maintained by the by the Planning Director before issuance of each vertical project (the "Parking Management Program"). Parking usage the total parking pool available within the SAP Area. Parking added to the total parking pool available within the SAP Area. Off- quirements under Miami 21 and the Regulating Plan for development Area may be satisfied by available spaces within the SAP Area through anagement Program. The Parking Management Program shall incorporate plans set forth in the Regulating Plan and the Concept Book. The numbers es provided in the Parking Management Program may be revised and updated ngly from time to time by the Planning Director including at such times as certain parking is discontinued and permanent parking becomes available. 24 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 (a) Interim Parking. For purposes of accommodating the phased development of e project as well as extra parking needed for special events (as approved und; the City Code, as applicable), interim and temporary parking on condit nally, unimproved and partially improved lots by valet service may be per itted in order to satisfy required parking under Miami 21 and the Regul , ting Plan. Notwithstanding the requirements of Sections 62-543 and 62-54of the City Code, interim parking shall be permitted within the SAP Area wi out having to comply with permanent parking requirements on the prop ..ed interim lots identified by the Developer at the time each such lot is prop ,sed to be used for interim parking, subject to approval of each lot by the Pla ing Director (which shall not be unreasonably withheld, delayed or condit •ned). The Planning Director shall also approve the design of each interim pa ing 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 St ' Area, the Developer shall comply with the applicable parking requirements. (b) Permanent Parking. The Developer shall cons , ct permanent parking facilities to serve each phase of development within the AP Area in an amount which shall provide a sufficient number of permanent larking spaces to satisfy the off-street parking requirements under Miami 21 .nd the Regulating Plan for each new Development constructed within the :AP Area, as each phase of the SAP is constructed (the "Permanent Parki g Facilities"). The Planning Director shall assess the Parking Management rogram every five (5) years for permanent parking availability. Permane Parking Facilities may consist of centralized parking facilities and/or struct re parking facilities as accessory and/or principal uses. 20. SAP Trans s ortation Trust F i nd Contribution. Any parking facilities surcharge collected for parking in publi parking facilities located within the SAP Area pursuant to the City of Miami Parking racilities Surcharge Ordinance, Chapter 35, Article X of the City Code, shall be alloced to the City's Transportation Trust Fund, as established in Chapter 35, Article V . of the City Code (the "SAP Transportation Trust Fund Contribution"). All unds collected through the SAP Transportation Trust Fund Contribution shall '.e reserved in the City's Transportation Trust Fund in order to facilitate the crton, operation, and/or maintenance of mass transit and other transportation f ilities within the SAP Area, including, but not limited to the City's trolley system .nd capital or acquisition costs associated with the proposed development of a passener/commuter rail station abutting the SAP Area serving the Little Haiti communit, (including the SAP). These funds may be carried over to the succeeding fiscal y-ar. 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. A oholic Bevera a Sales. Retail S s ecialt Center Desi nation. Except as otherwise t 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, 25 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 two (2) retail specialty centers are hereby designated for properties located within SAP Area as follows: 1. The West Zone Retail Specialty Center shall consist of all r operties within the Le Marche DuPuis and Les Bureaux SAP Campus ones, and the properties within the Les Residences SAP Campus Zone ocated west of the centerline of NE 3rd Avenue as shown in the Concep ' : ook. 2. The East Zone Retail Specialty Center shall consist of . properties within the Les Ateliers SAP Campus Zone and the prop ies within the Les Residences SAP Campus Zone located east of thcenterline of NE 3rd Avenue as shown in the Concept Book. The maximum number of Alcohol Service Establishmen : (as defined in Miami 21) permitted within the SAP Area shall not exceed five (5) r -r retail specialty center, for a total of ten (10), with three (3) Alcohol Service Est. •lishments permitted as of the Effective Date and one (1) additional Alcohol ServicEstablishment permitted on each anniversary of the Effective Date up to ten (10) in tal. Such ten (10) Alcohol Service Establishments are exclusive of (i) Food Service .tablishments (as defined in Miami 21) where the sale of alcoholic beverages is entirely ncidental to and in conjunction with the principal sale of food (e.g., bona fide, licens; • restaurants or cafes operating with a 2- COP, 4-COP, SFS or equivalent license) a (ii) other establishments with an alcoholic beverage license which are otherwise e empt from distance separation requirements under Section 4-4 of the City Code (e. 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- thereof) or in Miami 21, the City and the Developer hereby acknowledge and a ee that, within the SAP Area, (i) Alcohol Service Establishments, (ii) Food ice Establishments and (iii) other establishments with an alcoholic beverage licens' which are not otherwise exempt from distance separation requirements under Sec on 4-4 of the City Code shall each be permitted By Right (as defined in Miami 21), ' accordance with Article 4, Table 3 and Article 6, Table 13 of the Regulating Plan, a shall not require any specific administrative or public hearing approval (i.e., no arrant or Exception under Miami 21 or Chapter 4 of the City Code) for the comme ement or continuation of such establishment or use. In addition, all restrictions c•, tained in Chapter 4 of the City Code or in Miami 21 relating to the maximum • mber or location of Alcohol Service Establishments, including without limitation required distances from churches, residential districts, schools and other Alcohol ervice Establishments, whether within or outside the SAP Area, shall not be applic •le to any Alcohol Service Establishment within the SAP Area. In . ddition, notwithstanding anything to the contrary contained in Chapter 4 of the City ode (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 26 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 11:00 a.m. — 5:00 a.m.; provided, however, an extension of operations to 5:00a for additional Alcohol Service Establishments may be permitted by Exception grantee sy the City's Planning, Zoning and Appeals Board; and (ii) for consumption o ' the premises, Monday — Saturday between the hours of 9:00 a.m. — 12:00 a.m. and unday between the hours of 9:00 a.m. — 7:00 p.m. (with permissible operati g hours automatically extended until 10:00 p.m. on Sundays during the month of Dece ber). 22. Miami Trolley. The Developer acknowledges that the City may extend i : 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 rolley route which runs through or is immediately adjacent to the SAP Area can be reasonably accommodated within the dedicated public rights -of -way. The " ity agrees that, in the event the trolley system will traverse or immediately abut the AP Area, the City will allow one (1) or more trolley stops within and/or immediatel abutting the SAP Area, in full cooperation with the Developer as to the number an. location of any such stops. Trolley stops located within and/or directly abutting the S ' Area shall be furnished and maintained by the Developer in a manner approve► by the Planning Department; provided, however, the Developer shall not be requir- i to furnish or maintain any trolley stop in a manner materially different or more subs . ntial than trolley stops furnished or maintained by the City. Notwithstanding the eregoing, for any trolley stop located within or directly abutting the SAP Area, the 1 -veloper shall furnish and maintain each such trolley stop with a bus shelter and be h of a type and style as selected by the Developer in its discretion (subject to City d County approval, as applicable), provided that each bus shelter and bench is of size, type and quality meeting at least the minimum standards generally utilized .. the City and/or County in bus shelters and bus shelter benches. 23. Personal Wireless Service Faci ' ies PWSF . The City and the Developer agree that the City shall approve, at a mi um, at least one (1) Personal Wireless Service Facility (PWSF) (as defined in Miam 21) antenna, monopole or tower to be located within the SAP Area, on a rooftop or , a standalone monopole or tower; provided that such PWSF shall comply with all re . uirements under, and be formally approved by the City in accordance with, the andards set forth in the Regulating Plan and Miami 21, as applicable. 24. Tem s orar Uses• em s orar Use Permits. (a) Excep as otherwise set forth herein, temporary uses within the SAP Area shall be gen ally permitted in accordance with the requirements of Chapter 62 of the City C•ie. (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: 27 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 1. Such permits shall have a duration of five (5) years with tw% (2) administrative extensions of one (1) year each available to the De -loper, which extension shall be granted by the Planning Director and s , 1 not be unreasonably withheld, delayed or conditioned, for a total o seven (7) years for any such permit. 2. The Developer may utilize off -site parking to satisfy the required off-street parking generated by a site plan submitted to the Ci for a permit for temporary uses on vacant land, provided that sucoff-site parking is located within 1,500 feet of the area covered by the ite plan and is on land owned or leased by the Developer. (c) The City and the Developer agree that an active permit for temporary uses on vacant land for any portion of the SAP Area issu- 4 to the Developer pursuant to Ch. 62 of the City Code (as modified by this A reement) may continue in force and effect during the course of Development .f the SAP under the terms it was issued (or under modified or amended ter , mutually agreed upon by the City and the Developer); provided that whe► the Developer seeks to commence construction of any phase of the SAP o any parcel (or portion thereof) included in such temporary use permit, the Dev: oper shall submit to the City a revised site plan for the temporary use permit xcluding the parcels (or portions thereof) which shall no longer be included the permit for temporary uses on vacant land. The City shall expeditiously ..prove the amended site plan (and shall not unreasonably withhold, dela or condition its approval), provided that the remaining parcels (and any ► •rtions thereof) and amended proposed uses, if any, within such temporary e permit shall continue to satisfy all applicable temporary use, zoning, bilding code and life safety requirements. 25. Tem /S s ecial Events (a) For all tempor.. 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) anticipate to exceed two thousand (2,000) guests or (ii) does not anticipate to exceed t • thousand (2,000) guests but are not among the temporary events listed b- ow at subsection (b), the Developer, or its designee, shall submit a temp• ary and/or special event application, as applicable, for review to the app •priate City department and the Neighborhood Enhancement Team (NET) o .'ice servicing the SAP Area no less than ten (10) business days prior to the ate 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. To the extent governed by the laws and regulations of the City, the City hereby finds and agrees that the following temporary/special events constitute ancillary uses of the SAP when contained wholly within the SAP Area, including its 28 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 Public Open Space (and not contained within or encroaching into any publly dedicated right-of-way, street or sidewalk): health, fitness and wellness e nts; farmers' markets; grand openings; holiday sales; outdoor sales; groundbr- ings; and neighborhood sales events. The City further finds that the al). e-listed specific activities, when not anticipated to exceed two thousand (2,1 d 0) guests, will not: 1. substantially interrupt the safe and orderly movemen of other traffic contiguous to the temporary event; 2. substantially diminish routine police service evels to the entire community; 3 unduly interfere with the proper fire and po ce protection or ambulance service to areas contiguous to the temp • ary event as a result of the concentration of persons and vehicles; 4. interfere with the movement of fi fighting apparatus en route to an emergency call; or 5. present an unreasonable danger o the health and safety of the public. Therefore, notwithstanding the reirements 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 ev: is listed above in this subsection (b) shall not require the issuance of a City emporary or special event permit. 26. City Impact Fees. Any City development of the SAP at t phase or portion thereof, in impact fee amounts and r and in effect on the Effe ' ive Date. pact fee requirements which may be applicable to the time of obtaining building permits for any construction ccordance with Chapter 13 of the City Code, will be those uirements currently set forth in Chapter 13 of the City Code 27. Plattin ' Re s uired : ubdivision Im s rovements. (a) Except aotherwise set forth herein, the City's subdivision regulations at Chapter 55 of ► e City Code shall apply to Development activities within the SAP Area. (b) N. ithstanding the foregoing, the City agrees that platting shall not be required f,.r 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 29 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 begin or complete any required subdivision improvements corresponding to the plat following final plat approval by the City Commission. Further notwithstanding Section 55-10(b) of the City Code (which shall continue apply within the SAP Area unless otherwise modified herein), prior to he completion of subdivision improvements within the plat, the Developer . y (i) obtain a temporary or permanent certificate of use and/or occupancy or the Adaptive Use of an existing building or other habitable structure loca d 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 Ian,. pursuant to Chapter 62 of the City Code. 28. Public Art. As illustrated in detail the Concept Book and Developer endeavors to provide beautified, state-of-the-art Public SAP Area, which will be thoroughly landscaped and include a pedestrian -friendly street furniture and Developer -selected pu providing such Public Open Space significantly in excess o required under Miami 21, the City and the Developer agre be bound relative to the development of the SAP b requirements the City currently imposes, or may impo activities under the City Code or Miami 21, includin and Article 11 of Miami 21, as the same may be am 29. Compliance with Fire/Life Safety Laws. development and operation of the Project c and regulations including, without limitatio SAP Area and City residents and gue Developer will install and construct all flow sufficient to contain all possibl ordinances and regulations. 30. Formation of Communi Community Development Di assume the Developer's res ("Assumption"). Notice memorializing the Ass provisions of this Agr R: • ulating Plan, the en Space within the nge of contemporary, art. In exchange for what would otherwise be that the Developer shall not any public art fee or other e in the future, on Development nder Chapter 62 of the City Code ded from time to time. is e Developer shall at all times in the ply with all applicable laws, ordinances , life safety codes to insure the safety of all s. Specifically, and without limitation, the re and life safety equipment and water lines with fire occurrences as required by applicable laws, D ' velo s ment District. In the event the creation of a rict ("CDD") is approved for the Project, the CDD may onsibility under this Agreement without the City's approval f the Assumption, including copies of the executed documents mption, shall be provided to the City pursuant to the notice ement. 31. s m t Permits. The development of the SAP in accordance with the s contemplated by the Developer, and may require additional permits or the City, County, State or Federal governments or any division thereof quired legal processes and approvals, the City shall make a good faith effort easonable steps to cooperate with and facilitate all such City approvals, and to ilitating all other approvals. Such permits and approvals may include, without on, the following as well as any successor or analogous permits and approvals: Local Develo Existing Zonin approvals fro Subject to r to take all aid in f limita Waiver(s), Warrant(s), Exception(s), Variances and SAP Permits; 30 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 (b) Subdivision plat and/or waiver of plat approvals; (c) Public works approvals; (d) Street vacations and closures; (e) Covenant -in -Lieu of Unity of Title and/or Unity of Title and/or Restrictions acceptance and the release of any existing uniti Declarations of Restrictions; (f) Water and sanitary sewage agreement(s); (g) Paving and drainage plans and permits; (h) Tree removal permits; (i) Demolition permits; (j) Environmental Resource Permits; (k) County transit approvals; (1) County right-of-way approvals; (m) Historic preservation approvals; (n) Federal Aviation Administra on (FAA) and Miami -Dade Aviation Department (MDAD) determination(s) . d approval(s); (o) Right-of-way permits or icenses; (p) Miami Parking Aut .rity (MPA) approvals; (q) Temporary use prmits and temporary/special event permits; (r) Building per r its; (s) Certifica , s of use and/or occupancy; (t) Stor ater permits; and (u) y other official action of the City or other government agency having the effect f permitting or authorizing Development within the SAP Area. eclaration of covenants or In e event that the City substantially modifies its land development regulations r- • arding site plan approval procedures, authority to approve any site plan for a project ithin 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 31 SUBSTITUTED MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan d the terms of this Agreement. 32. Necessity of Complying with Regulations Relative to Development Perm s. The Developer and the City agree that the failure of this Agreement to address . particular permit, condition, fee, term, license or restriction in effect on the Effective P ate shall not relieve the Developer of the necessity of complying with the regulation :overning said permitting requirements, conditions, fees, terms, licenses or restrictio s. Pursuant to Section 163.3241, Florida Statutes (2018), if State or Federal laws a enacted after the execution of this Agreement which are applicable to and preclude thparties' compliance with its terms, this Agreement shall be modified or revoked as necessary to comply with the relevant State or Federal laws. 33. Consistency with Comprehensive Plan; Public Faci ies. The City finds that development of the SAP Area as proposed by the SAP is conformity with the Existing Zoning and is consistent with the Comprehensive Pla As of the Effective Date, the Developer has conducted an extensive analysis of the 'ublic Facilities available to serve the SAP Area and the Project. In the event t 4t the Existing Zoning and/or the Comprehensive Plan requires the Developer to , ovide additional Public Facilities to address any deficiencies in officially required evels of service occasioned by future development within the SAP Area or as a re It of the development of the Project, the Developer will provide such Public Faciliti-, consistent with the timing requirements of Section 163.3180, Florida Statutes (2018) or as otherwise required by Chapter 13 of the City Code, if applicable. In each such ase, the Developer shall be bound by the City impact fees and assessments in existe ' e as of the Effective Date of this Agreement. 34. Cooperation; Expedited Permit - ng; Time is of the Essence. The Parties agree to cooperate with each other to e full extent practicable pursuant to the terms and conditions of this Agreement. he Parties agree that time is of the essence in all aspects of their respective and mutu, responsibilities under this Agreement. The City agrees to use its best efforts to e sedite the permitting and approval processes applicable to development within the AP Area in an effort to assist the Developer in achieving its development and con • ruction milestones. To such end, the City shall accommodate requests from the D eloper's general contractor and subcontractors for review of phased or multiple permit ng packages, such as those for excavation, site work and foundations, building shell, •re and interiors. In addition, the City shall designate an individual within the Cit anager's office who will have a primary (though not exclusive) duty to serve as the ity's point of contact and liaison with the Developer in order to facilitate expeditin . the processing and issuance of all permit and license applications and approva : across all the various departments and offices of the City which have the autho ' y or right to review and approve all applications for such permits and licenses requ ed for development within the SAP Area. Notwithstanding the foregoing, the City sh. 1 not be obligated to issue any Development Permit to the extent the Developer does t comply with the applicable requirements of the Existing Zoning, the Comprehensive lan, this Agreement or applicable building codes or regulations. Reservation of Development Rights. 32 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 (a) For the term of this Agreement, the City hereby agrees that it shall permit the development of the SAP Property in accordance with the Existing Zoning, t Comprehensive Plan and this Agreement. (b) Nothing herein shall prohibit an increase in the density or inte uty of development permitted on the SAP Property in a manner consistent w (i) the Existing Zoning and/or the Comprehensive Plan, (ii) any zon g change subsequently requested or initiated by the Developer in accordce 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 b considered a waiver of, or limitation upon, the rights, including without li ► tation, any claims of vested rights or equitable estoppel, obtained or held I y the Developer or its successors, grantees, heirs or assigns to continued development of the SAP Property in conformity with the Existing Zoning a i 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 t City annually on the anniversary of the Effective Date. The Developer, or i representative or agent, shall submit an annual report to the City for revie at least thirty (30) days prior to the annual review date. The annual report s all contain a section by section description of the Developer's compliance w its obligations under this Agreement. Any information required of the D- eloper to be included in the annual report shall be limited to that information ecessary for the City to reasonably determine the extent to which the Dev- oper has complied or is proceeding in good faith to comply, as applicable, ith the terms of this Agreement. The Developer's obligation to submit . annual report shall cease as of the date on which this Agreement is termi ,ted pursuant to any such term or provision herein. (b) If the City fin.. in the annual report, on the basis of competent substantial evidence, that ' he Developer has failed to comply with any of its obligations under this : greement, the City may take action to terminate or amend this Agreemen as set forth in this subsection. The City shall provide the Developer with w ' en notice of its intent to terminate or amend the Agreement, and such notice . all state the reasons for the termination or amendment. Upon receipt of suc ritten notice, the Developer shall have thirty (30) days to cure the default, or uch longer period of time as may reasonably be necessary to cure the default if 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 33 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 amend this Agreement by holding two (2) public hearings before the ty Commission to consider and deliberate regarding such termination or amend. ent. 37. Notices. All notices, demands and requests which may or are required to . e given hereunder shall, except as otherwise expressly provided, be in writing and . , ivered by personal service or sent by United States Registered or Certified Mail, turn receipt requested, postage prepaid, or by overnight express delivery, such as Fed al Express, to the Parties at the addresses listed below. Any notice given pursuant t•, this Agreement shall be deemed given when received. Any actions required to be tak: hereunder which fall on Saturday, Sunday or United States legal holidays shall be de- ed to be performed timely when taken on the succeeding day thereafter which sh. 1 not be a Saturday, Sunday or legal holiday. To the City: City Manager, City of Miami Miami Riverside Center 444 SW 2nd Avenue, loth Floor Miami, Florida 33130 With copies to: City Attorney Office of the City Attorney Miami Riverside Center 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 Director of Planning and Zonin Planning & Zoning Departm- t Miami Riverside Center 444 SW 2nd Avenue, 3rd loor Miami, FL 33130 To the Developer: Mr. Neil Fairm Mr. Anthony urns Mr. Georg- elmstetter c/o Plaza quity Partners, LLC SunT :t International Center One 3rd Avenue, Suite 2110 Mi. i_ FL 33131 ith copies to: 34 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 Neisen O. Kasdin, Esq. c/o Akerman LLP 98 SE 7th Street, Suite 1100 Miami, Florida 33131 Any Party to this Agreement may change its notification address(es) by pro 'ding written notification to the remaining Parties pursuant to the requirements of this S tion 37. 38. Joinder. (a) If, subsequent to the Effective Date, the Developer (or i : 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 obliga ons established hereunder; provided, that the Developer shall obtain all required City approvals to incorporate such additional property into th SAP (including review and recommendation by the City's Planning, Zoni and Appeals Board and approval by the City Commission), and shall either (i) : mend this Agreement in accordance with the provisions hereof to include such . dditional property, or (ii) execute and record the Joinder Form and Acknowl:.i gement of Joinder attached hereto as Exhibit "G" to incorporate such additional property (and provide a recorded copy to the City Clerk). Notwithstandi the foregoing, if, in connection with the incorporation of additional Abutti property into the SAP, any term or provision of this Agreement must be ame►ded for the SAP to remain in compliance with Miami 21 (including Article 3 ' thereof), then this Agreement shall be amended in accordance with the terms ereof. (b) The Parties agree that subsequent to the Effe to the Existing Zoni and this Agreeme incorporated pr Comprehensiv be deemed t a ' y property which is incorporated into this Agreement ve Date in accordance with this provision shall be subject , the Comprehensive Plan and the general terms of the SAP . In the event that the City does not afford any subsequently erty with the protections of the Existing Zoning, the lan and the terms of the SAP and this Agreement, the City will ave breached this Agreement. (c) Nothing ► erein shall prohibit the Developer from objecting to any City policy that would ' of afford a subsequently incorporated property into the SAP Area and this Agre- ent with the protections of the Existing Zoning, the Comprehensive Plan any the terms of the SAP and this Agreement, as applicable. 39. Autho ization to Withhold Permits and Ins s ections. In the event the Developer is obli . ted to make payments or improvements under the terms of this Agreement or to to - or refrain from taking any other action under this Agreement, and such obligations e 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. 35 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 40. Exclusive Venue; Choice of Law; Specific Performance. It is mutually understood and agreed by the Parties that this Agreement shall be governed by the laws of the State Florida, and any applicable Federal law, both as to interpretation and performance, end that any action at law, suit in equity or judicial proceedings for the enforcement • ' this Agreement or any provision hereof shall be instituted only in the courts of the !tate of Florida or Federal courts, and venue for any such actions shall lie exclusively ' a court of competent jurisdiction in the County. In addition to any other legal rights and remedies under applicable law, the City and the Developer shall each hav the right to specific performance of this Agreement in court. Each Party shall bear it own attorney's fees. Each Party waives any defense, whether asserted by motion or , eading, that the aforementioned courts are an improper or inconvenient venue. M., eover, the Parties consent to the personal jurisdiction of the aforementioned courts . d irrevocably waive any objections to said jurisdiction. The Parties irrevocably wae any rights to a jury trial. 41. Voluntary Compliance. The Parties agree that in the ent all or any part of this Agreement is struck down by judicial proceedings or pre-. pted by legislative action, the Parties shall continue to honor the terms and conditio : of this Agreement to the extent allowed by law. 42. No Oral Change or Termination. This Agree ent and the exhibits and attachments appended hereto and incorporated by referenc- constitute the entire agreement between the Parties with respect to the subject mattehereof. This Agreement supersedes any prior agreements or understandings betwee the Parties with respect to the subject matter hereof. No change, modification or dischge hereof in whole or in part shall be effective unless such change, modification or . scharge is in writing and signed by the Party against whom enforcement of the c nge, modification or discharge is sought (and, if applicable, after such change, mod ication or discharge is effected in compliance with Section 54 of this Agreement). T r s Agreement cannot be changed or terminated orally. 43. Com s liance with A licab Law. Subject to the terms and conditions of this Agreement, throughout the term of this Agreement, the Developer and the City hall comply with all applica► e Federal, State and local laws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, policies and procedures and orders that govern or elate to the respective Parties' obligations and performance under this Agreement, all . they may be amended from time to time. 44. Re s resentatio : Each Party represents to the other(s) that this Agreement has been duly authoriz binding obi' executed and delivered by such Party and constitutes the legal, valid and ation of such Party, enforceable in accordance with its terms. 45. No Ex usive Remedies. No remedy or election given by any provision in this Agree ent shall be deemed exclusive unless expressly so indicated. Wherever possible, the medies granted hereunder upon a default of the other Party shall be cumulative and 36 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 in addition to all other remedies at law or equity arising from such event of def. lt, except where otherwise expressly provided. 46. Events of Default. (a) The Developer shall be in default under this Agreement if the Dev: oper fails to perform or breaches any term(s), covenant(s) or condition(s) of tis Agreement, which breach is not cured within thirty (30) days after receipt •f written notice from the City specifying the nature of such breach; •rovide,., however, that if such breach cannot reasonably be cured within thirty 0) days, then the Developer shall not be in default if it commences to cure ch breach within said thirty (30) day period and diligently prosecutes such cur-. o completion. (b) The City shall be in default under this Agreement i 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 ,-ceipt of written notice from the Developer specifying the nature of such brea , provided, however, that if such breach cannot reasonably be cured within th. y (30) days, the City shall not be in default if it commences to cure such breac' within said thirty (30) day period and diligently prosecutes such cure to compl: ion. (c) It shall not be a default under this A eement if any Party is declared bankrupt by a court of competent jurisdiction. All rights and obligations in this Agreement shall survive such bankruptcy of ny Party. The Parties hereby forfeit any right to terminate this Agreement upo he bankruptcy of a Party. (d) Notwithstanding the fore ing or anything contained in this Agreement to the contrary, and provided e SAP as a whole remains in compliance with the minimum requiremen of Article 3.9 of Miami 21, (i) a default by any successor(s), grante- s), heir(s) or assign(s) of the Developer of any portion of this Agreement sh. 1 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 Develop -r under this Agreement shall not be deemed to be a breach by any successor(s) ,rantee(s), heir(s) or assignee(s) of the Developer of their respective rights, dut s or obligations under this Agreement. For purposes of clarity, the Project ►ay be developed by multiple parties in multiple phases. Any actual or alleges default by a developer of a portion(s) or phase(s) of the Project, including with , t limitation the Developer, shall not cause, nor be treated, deemed, or COP trued as a default by another developer or Party with respect to any other rtion(s), phase(s) or component(s) of the Project. 47. Re dies U s on Default. 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. 37 MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 (b) Upon the occurrence of a default by a Party to this Agreement not cured thin the applicable grace period, the Developer and the City agree that any Pay may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such Party to also see, monetary damages, injunctive relief or any other relief available under applica1e law other than termination of this Agreement. 48. Severability. If any term or provision of this Agreement or the applic . ion thereof to any person or circumstance shall, to any extent, hereafter be determineby 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 ersons or circumstances other than those as to which it is held invalid or unenforc;.ble shall not be affected thereby and shall continue in full force and effect. 49. Assignment and Transfer. This Agreement shall be ► nding on the Developer and its heirs, grantees, successors and assigns, including th- successor to or assignee of any Property Interest. The Developer, in its sole discre on, may assign, in whole or in part, this Agreement or any of its rights and obligation ereunder, or may extend the benefits of this Agreement, to any holder of a Property terest 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 he requirements of Section 37. Any such assignee shall in writing in a legal for acceptable to the City Attorney, assume all applicable rights and obligations under is Agreement, and upon such assumption, the assigning Party shall be released from : 1 obligations assumed by such assignee. 50. Ob1i ations Survivin Termina on Hereof. Notwithstanding and prevailing over any contrary term or provision cont ed 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 e siration of a one (1) year term following the earlier of the effective date of such ter ' ination or the expiration of the Term: (i) the exclusive venue and choice of law prov ions contained herein; (ii) rights of any Party arising during or attributable to the peri'.d prior to expiration or earlier termination of this Agreement; and (iii) any other term •r 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 pe , itted early termination hereof. 51. Lack of ,_enc Relationshi s . Nothing contained herein shall be construed as establishi an agency, partnership or joint venture relationship between the City and the Developer, and neither the Developer nor its employees, agents, contractors, subsidiaries, divisi• s, affiliates or guests shall be deemed agents, instrumentalities, employees or cont ctors of the City for any purpose hereunder, and the City, its contractors, agents a ' employees shall not be deemed contractors, agents or employees of the Developer or s subsidiaries, divisions or affiliates. 38 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 t 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 Existin: Zoning, the City shall seek enforcement of said violation upon the applicabl; portion of the SAP Property owned by the Developer or its successors, gra ees, heirs and/or assigns, as applicable. (b) Enforcement of this Agreement shall be by action again any Parties or person violating, or attempting to violate, any covenants or a eements set forth in this Agreement. Each party to any such action shall bear t it own attorney's fees. (c) This enforcement provision shall be in addition to ny other remedies available at law, in equity or both. 54. Amendment or Termination b Mutual Cons nt. This Agreement may not be amended or terminated during its Term except mutual agreement of the Developer (including its successors, grantees, heirs and . ssigns, 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 he City Commission shall hold two (2) duly noticed public hearings on the matter. (a) Notwithstanding the foregoin:, and as provided in this Agreement, the Project may be developed in one or more phases in accordance with the Existing Zoning and this Agreem:. t. 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) o such phase, provided that the same is also approved by the City Commission at o (2) public hearings and that following such modification, amendment or rel-, se all other Miami 21 minimum requirements for Special Area Plans continue t , be complied with (such as minimum acreage). In the event that there is a rec• ded homeowners, master, condominium and/or other association covering the AP Property, or any phase or any portion thereof, said association may (in li: of the signature or consent of the individual members or owners), on behalf o its members and in accordance with its articles of incorporation and bylaw , consent to any proposed modification, amendment or release (in whole or in p ) of this Agreement by written instrument executed by the association. Any co' sent made pursuant to a vote of an association shall be evidenced by a written solution of the association and a certification executed by the secretary of the association's board of directors affirming that the vote complied with the articles of incorporation and the bylaws of the association. For purposes of this Agreement, references to "condominium association" or "association" shall mean 39 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 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 the by third parties challenging this Agreement or the Project, or objecting to any a • ect thereof, including without limitation, (i) a consistency challenge pursuant to Se ion 163.3215, Florida Statutes (2018), (ii) a petition for writ of certiorari, (iii) an acti • for declaratory judgment or (iv) any claims for loss, damage, liability or expense (i luding reasonable attorneys' fees). The City and the Developer shall promptly give th- other written notice of any such action, including those that are pending or threat-, ed, and copies of all responses, filings and pleadings with respect thereto. 56. No Third -Party Beneficiary. No persons or entities othe - than the Developer and the City, and their heirs and permitted successors, grantees a . assigns, shall have any rights whatsoever under this Agreement. 57. Recording. This Agreement shall be recorded in e Public Records of the County by the Developer at the Developer's expense and s : 1 inure to the benefit of the City. A copy of the recorded Agreement shall be provi' ed to the City Clerk and City Attorney within two (2) weeks of recording. 58. No Conflict of Interest. The Developer . •rees to comply with Section 2-612 of the City Code as of the Effective Date, with resp t to conflicts of interest. 59. Counterparts. This Agreement m be executed in two (2) or more counterparts, each of which shall constitute an o ' • final but all of which, when taken together, shall constitute one and the same agrement. 60. Estoppel Certificate. Up request by any Party to this Agreement, or any of its successors, grantees, heir and/or assigns, the City shall deliver, within thirty (30) days after such request is M. i e, a certificate in writing (in a recordable form, if requested) certifying (i) that this A greement is unmodified and in full force and effect (or if there have been any mod' 'ications, a description of such modifications and confirmation that this Agreement as odified is in full force and effect); (ii) that to the best knowledge of the City, the re. esting 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, wheth: such Party has a claim against any other Party under this Agreement, and, if so, the . ture thereof and the dollar amount of such claim; and (iv) such other matters as such --questing Party or its lender may reasonably request. The Parties further agree that s h 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) . ny prospective purchaser of the fee or mortgage or assignee of any mortgage on the e of the SAP Property or any portion thereof and/or (ii) any prospective or existing lender of the Developer (including its successors and assigns) as identified by the Developer in its request therefore. 40 SUBSTITUTED. MAGIC CITY INNOVATION DISTRICT SAP DEVELOPMENT AGREEMENT — DRAFT 5/1/19 NOW, THEREFORE, the City and the Developer have caused this Agreeme to be duly executed. [Signature Pages for the City and the Developer Follow] 41 SUBSTITUTED. CITY OF MIAMI, FLORIDA By: Emilio T. Gonzalez, City Manager ATTEST: By: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND CORRECTNESS: [S By: Victoria Mendez, City Attorney nature Page to Development Agreement for the Magic City Innovation District Special Area Plan] SUBSTITUTED Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MCD MIAMI, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , as of MCD Miami, LLC, a Delaware limited liability company. Personally Known or Produced Identification Type of Identification Produced NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES I, LLC, Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties I, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ 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] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES II, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties II, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES III, LLC Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties III, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES IV, LLC Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties IV, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES V, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties V, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES VI, LLC Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties VI, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES VII, LL Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties VII, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ 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] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES VIII, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties VIII, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED MAGIC CITY PROPERTIES IX, LLC Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties IX, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES X, LLC, Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties X, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ 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] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XI, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties XI, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XIV, LL Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , . s of Magic City Properties XIV, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XV, LL Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties XV, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ 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] SUBSTITUTED. 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 acknow dged before me this day of 2018, by , as of Magic City Properties XVI, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XVII, L Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , s of Magic City Properties XVII, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XVIII, a Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , , s of Magic City Properties XVIII, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ 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] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XIX, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties XIX, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XX, LL Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by as of Magic City Properties XX, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XXI, LL Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , . s of Magic City Properties XXI, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ 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] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XXII, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties XXII, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE MAGIC CITY PROPERTIES XXIII, a Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , , s of Magic City Properties XXIII, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUT MAGIC CITY PROPERTIES XXIV, L C, a Delaware limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , , s of Magic City Properties XXIV, LLC, a Delaware limited liability •mpany. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE SUBSTITUTED. MAGIC CITY PROPERTIES XXV, LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Magic City Properties XXV, LLC, a Delaware limited liability comp. y. 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE rida SUBSTITUTED. DRAGON GLOBAL MIAMI REAL ESTATE INVESTMENTS, LLC, a Fl limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , . s of Dragon Global Miami Real Estate Investments, LLC, a Flor ' a limited liability company. Personally Known or Produced Identification Type of Identification Produ NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: [Signature Page to Development Agreement for the Magic City Innovation District Special Area Plan] Witnesses: Print Name: Print Name: STATE OF COUNTY OF )SS SUBSTITUTED. LEMON CITY GROUP, LLC, a Florid limited liability company By: Name: Title: The foregoing instrument was ac, owledged before me this day of 2018, by , . s of Lemon City Group, LLC, a Florida limited liability company. ' ersonally 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] SUBSTITUTED. Witnesses: Print Name: Print Name: STATE OF COUNTY OF )SS IMPERIAL CAPITAL GROUP, LLC, a Florida limited liability company By: Name: Title: The foregoing instrument was acknow dged before me this day of 2018, by , as of Imperial Capital Group, LLC, a Florida limited liability compa 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: ignature Page to Development Agreement for the Magic City Innovation District Special Area Plan] SUBSTITUTED. EXHIBIT A Aerial Map, Addresses and Legal Descriptions of SAP Parcels See attached. Mc53ME4 Ira NL�f1T}I TE LINK i-14111II{RI • '`1L i �N_E Sd FI iE4 ', Aerial Map Magic City Innovation District SAP City of Miami, FL = SAP Boundary aOlnlilsenS cr 111. , Aerial Map Magic City Innovation District SAP City of Miami, FL = SAP Boundary 'Er SUBSTITUTED. EXHIBIT A SPECIAL AREA PLAN APPLICATION THE MAGIC CITY INNOVATION DISTRICT AP Legal Descriptions of SAP Property Address: 6041 NE 2nd Avenue Folio: 01-3218-015-0140 Legal Description: Sews al a pcird 25'eel taal and 204 feel 6 inches South of Nor1hr,.es1 comer of SW 1 J 4 of Section 18, T tuncton of Lerron Avenue and Cciinly rook road, run South 100 feet, thence Nori1eaalerty parallel with Soulhwesierly Meng SCUM irre Lennon Avenue 170 feel la Pont of Beginning„ Vienn-Dade Coumy, Fkx.da. 63 Small', Range 42 East, Poernt. of Beginning, be Sc+rrlhroest comer of Avenue 170 feet, 'thence North 100 feel to &uln ine Lemon Avenue; thence Leas the t,Jo 1h 2.5 feel conveyed t the City of Oh:ar r by Warranty Deed recorded in Deed Bole 365 7, p::+ 334 and re -recorded .a alkali Records Beak 4630, page 490. Address: 228 NE 61st Street Folio: 01-3218-015-0150 Le2a1 Description: Beg-,-,-44 , al a co.e.1 fS 1661 F_as1 c1 and 204 feel and 6 inches South of tie tJsrltsw= comer of Me Soutriuest One-(5rrarler of Section 116, TcreMIStrp 53 South, Range 42 East item de Cdurnty, Florida, This Pearl being the Southeast ccaner of fire rntersecion of the heart 61s1 ire (Lennon Avenues and Norineaet. Second Avenue (County Rock Road), Thence run in a Norlheasierty direction axial tie Sown line of said Ndiheasl 61 s1 Steel (Lemon venues 170 feel to fie Peen of Beginning; thence FM South 100 feet; thence run in a Neorineareterty drec#on parallel won sand Northeast 6131 Slreel 60 feel; 'hence run Norr1h 100 feel id Norlhea5i 61s1 Street thence run in a Southweslerty+ drecten aksng said Nexdhenal 61a1. Street 60 feel to the Pined cfSwimming . Leas the North 2.5 feet conveyed in the City of Miami by Warranty Deed r =d. n Deed Bock 3684, page 243 and re-reccvrded in Of ial Records Book 4630, Page 474. 43658518;2 SUBSTITUTED. Address: 240 NE 61st Street Folio: 01-3218-015-0160 Le2a1 Description: PIERCES DIVISION OF LEMON CITY. Sections 18, Township 53 South, Range 42 East, as recorded in the Plidbc Recoils of Revised Plat thereof, as recorded in Rat Book 2. Page 41. Beginning 230 feed Northeast of Southeast corner of Lemon Avenue an Sodttiv esteriy 578 feel; thence North 100 feel to Pont of Begriireig. 1-Dade Comity, Florida, in Plat Book 6, Page 43, and curly Road. thence Northeasterly 48 feet South 163 feet; Less me IJorlh 2.5'eel conveyed to the City of Miami by 1lYarrar`ty Deed recorded ei Deed Book 365 7, Page 364 and re-rerec. Oficral Records Book 4 612, Page 608. Address: 6001 NE 2nd Avenue Folio: 01-3218-015-0210 Le2a1 Description: Beginning al a paint 25 feet nit and 304 feel 6 inches South of Ficehwest carrier of the Southwest 1 : of Section 18. Township 53 Sault, Range 42 East thence run In a Northeasterly drectori pastel will Leman Avenue as now traveled, 1266 feet Grid es moire cc less t Railroad Av - ri Pierce's Division of Leman City; thence Sosrti along said Railroad Avenue 210 feed lo a street 50 feet wide; lhence in a Soutiwesiery drecion along the Noll tie of said steel pace/lel rti said Leman Avenue 1266 feel 6 riches mare or leas to the County Rack Road al a posit opposite beginning, thence With along sari County Road 210 feel to place of begrinrig. Address: 352 NE 61st Street Folio: 01-3218-022-0060 Legal Description: Parcel Commence al a paint en the ihfeslerty rue of lhe Northwest 1f 4 of the Soulhw V 4 of Section 18, Township 53 South. Range 42 East, 205.46 feet South of die Nortiwes1 corner of said Northwest V 4 of lie Southwest V 4 of Section 18, thence N87"53O0"E, along bale being parallel with and 2,5 feet Nenthedy of the Southerly Right of Way rie of Northeast 61s1 S1ree1 as t appears on City of bbami Alfas Sheet No. 14-4 dated January 19 3 and ris esteriy pi ectrcn. 1018.E feet to the Point of Beginning of the hereafter deacreed parcel; thence S02'07'00'S, 103.65 feet; -hence t187"53'05"E, 50A0 feel; -hence 1452'07•001W. 105.00 ; thence S87` '00'1h!, along said me parallel writ and 2.5 feet Northerly of said Southerly Right of Way line of Nvriheas1 61s1, Slreel, 50.05 feel io the Paid of Begriming. Lem the filorih 1.97 feet conveyed b the City of Mani by Warranty D .. , reooaded in Deed Book 3€.57, Page 280 and re -recorded in Official Records Bask 46%. Page 292. And Parcel'D-1": Commence al a Keel en the Westerly brie of the Northwest 11 4 lhe Southwest 1l 4 of Section 18, Township 63 South. Range 42 East, 205A6 feel South of the NorIiwea1 comer of said Northwest 11 4 of the Southwest V 4 of Sec ticn 18, thence N8 'OWE. akxig a brie being parallel with and 25 feel Northerly of the Southerly Right of Way line of Northeast 6is1 Street as t appears on City of Morn Alas Street No. 14-J, Dated J : :,: 1'463 and its 1+Vesierty pnvteexivn, 1068.5 feel 10 the Pont of Beglrrirg of the hereafter described parcel; thence 802'07'O7 E. 103.05 feet; thence 1 J8r63100" E. 60.05 feet thence 1+.102'0 %einfil, 10000 feel; -hence S87'53'00'141, alums said the parallel w ti and 2.5 feel Northerly of said Sou fiery Fbghl of Way brie of Northeast 61s1 Sireel, 60.W feel to the !kind of Beginning. Less the No11112.6 feel conveyed to the City of Monti b arranty Deed recorded n Bleed Back .3657, Page 284 and re -recorded ri Oficiat Records Book 4630, Parse 452. 43658518;2 SUBSTITUTED. Address: 372 NE 61st Street Folio: 01-3218-022-0080 Le2a1 Description: Parcel "1". That part of the NW id 4 of the SW id 4 of Sector!. 18., Township 53 South, Range 42 East, desordaed as follows: at a porn 204.5 feet South of the °weer Section cone( of West ire of Sect+on 18, Township 53 South, Range 42 East, thence run Nartieasierly eking the South aide of Lemon Avenue • 61 el Street 1118.5 feet to a Para of 6egrWrag; theme run South 100 feel; thence run East 81.5 feel; tense run North 100 feet more cr fess to South side of Leman Avenue; thence run eat 81.5 feet more cr leas to a Porn of Beginning, lyres and being nMrarrr-Dade County, Ronda. Parcel "2". Thal pail of the NW id 4 of the SW id 4 of Becton 16, Township 53 South, Range 42 East described as follows: e n Beg w g al a pout 20527 feet South of the Owner Section comer of West lne of Sand Section 18, theme run t.Jcilheasterly along the South lie of t.Jcrtneas1 6131. Steel, 1200 f b Pcn1 of Beginning, thence South 55.60 feet thence East 25 feel; thence Northerly 55.60 feel mare or less to a Font on the South ire of sand Gist Street .t0 feel east of the porn of Pa - of Begnmg, thence West along the South brie of Said 61at Steal, .10 feet in porn of beginning, lying and 'wing n llNemr bade County, Florida. Less the North 2.5 feel conveyed lo the City of Miami by Warranty Deed recorded in Deed Book 3741, Page 520aril oiled in Official Records Bock 4630, Page 494. Address: 382 NE 61st Street Folio: 01-3218-015-0190 Legal Description: Begynig al the Southwest corner of be inteisentra of Radical Avenue (boor 'norm as N. E. pint; theme nun West 103 feet is a port; thnce run North 180 bet to pont thence nri IFS ttlheSo,tttwres1Gunner {SW 1J 4} of Sector' 18, Township 53Soum, Range 4,2East. ,also described as: The East 103 feel of be Notl' 160 feet of Urntanbered Black beta SLEDIVtSION, aocorckg to the plat thereof, as reccxded in Plat Book "B", Page 43, of the 4 Avenue) cad Lemon Avenue {haw known as N E. 61s1 Street) rum thence South 100 feet 10 a city. along the South brie of Lerma Avenue 103 feel to the pent of beginning; lying and being oh LEMON AYENI.E and Brown Steel leas the North 2.5 feel for Steel, PIERCES LEMON C ITY Reco la of PArsrnh-0ade County, Florida. Less the With 2.5 feet conveyed to the City! of Milani by Warranty Deed recorded n .: _. Bock 3657, Page 262 aril re -recorded n Oficnh Records Bock 4 645, Pi .344. Address: 200 NE 62nd Street Folio: 01-3218-066-0010 Legal Description: Tral . "A'% of 1'40 PLAZA, accxxchrtlg ID the reap or F •: hereof, erg reccr di Pied Bov1c 166, Paige 4E, of ibe Puhtic Recaorl:El of Mrarni- arse County , Fly. 43658518;2 SUBSTITUTED. Address: 6300 NE 4th Avenue Folio: 01-3218-020-0330 Le2a1 Description: Sourlhi 120 feel of Trait '1 ", of REID ACRES, recorded Irk Nal Hoc& SO, Pie 4.4, of the Putdie ;R 'as c.1 Ma Address: 401 NE 62nd Street Folio: 01-3218-014-0030 Le2a1 Description: The West 110 feet of Tract 3, of JOYCE PROPERTIES St1BD VISION, according to the Platthereof, as r Florida. Address: 300 NE 62nd Street Folio: 01-3218-015-0770 Le2a1 Description: The North 1r2 of Lots 6 and 9, Bkadc 18., PIFRCE S ADDITION TO LEMON CITY. FLORIDA. Miami -Dade County, FOxida; said property also described as berg al feat portion of Lots 8 'hereof, as reworded in Plat Bock 2, Page 21. of fee Punic Records of fAiam-Dade Courtly. Commeiicanc} a1 the Norllrea l corner of Lot 9, 81OC1; 18, SECOND CORRECTED Plat Bo% 2, Page 21, of the Ptiibkc Rewords of Fharrii-.iade County, Fkmda: Lee Lot, 9, Mitch anal be the Swwrnwest comer of the Ncrih 1T2 awl Lots, tie a Easterly along tie South brie of the With V2 of said Lola 8 and 9, of said BOCCE forming an angle of 89'24'25" war the last described ire+, fox a distance of 14 1. 8, Math Arai be tie Swuiheas1cornier of the Ncxti V2 of seed Lot 8, the same LESS that Fence of Lois 8 and 9, Bieck 16, SECOND CORRECTED Page 21, of he Putaic Records of Ivienni-Dade Couny, Fluid% twig said center lure a shown on the Plat of Joyce Properles Subdv sica. Fronds. Address: 301 NE 61st Street Folio: 01-3218-015-0771 Le2a1 Description: -Ltia a vim,^1`� Fbola. rr Pal Book 51, Page 38, of the Pirbiic Reccxci9 of Miami -Dade County, ceding to me map cc plat thereof, as recorded in Plat Book 2. Page 21, of tie Pubic Records of 9, Black 16. PIERCES ADDITION TO LEMON CITY. FLORIDA, according to he map or plat , Nrg Fkcith of fee foaming described 1ne: OF PERCES SUMfticISON OF LEMON CITY, according to the map or plot thereof. as reoorded n Scariherty along tie West line of sera Lot 9. a affiance of 113.90 feel to a point en tee West line of sand being he Porrrl of B wining from the Yee heieu after descnrbe i; thence tom tee Pci t of Begraiirfg go 8 of sari autadnrigae above described; the same ire berg the Elora] brie of Soule V2 of sand Leta 8 sad i. feel to a porri ar he East ire of Lot 8, said pant berg 110.16 feel South of tie Natreast comer of sera Lo1 the end of ire herein described; OF PEERCf'S SUBDIVISION OF LEMON CITY, according Ica the map or plat thereof, as recorded in Plat Beak 2, of a Yee that is 25.60 feet. Scuff of as measured al right mingles, and pram win the center ire of NE 62 Street. as cording to he map cc platthereaf, as recorded In Ptai Book 51, Page 36, of fee Pirblc Records of Mlanirbade County, The Soul' 1.12 of Lois 8 and 9, I Fkg the Soule feel of Lots 8 and 9. Bloat 16, of SECOND CORRECTED PLAT OF PIERCES SUBDIVISION OF LEMON CITY, according lo the Plat thereof. as recorded n P%a1 Book 2, Page 21, of Putarc Records of iharrr-Dade may, Flcxeda. 43658518;2 SUBSTITUTED. Address: 6200 NE 4th Court Folio: 01-3218-024-0200 Legal Description: L,312•_ ; .,: `. Vi NOR I H L. I E. according to the Plat thereof, ae reccedec at Rai of tie I' ckC Recceds of M i-Dade County, Fforeda; AND 1 ' Nc'c 2.8 1ee1 ts1 Lest 21, rr Bic t NORTH GATE, according to to Plot thereof. as recorded in Plat Beak 8, Page.' - c Records of 11i®rrr-Dade Ltd 'JL' EXCEPT THER EFRObt: PARCEL NO.46: That porto n of Lois 21 ,and 22. ;,-. Bieck 1, of NORTH GATE. according tEs the platthereof, recorded in :Pla1 Book 8, F. e 88, of the Putic Records of Miarri, ate County. Pinola which ,es wrdhn a slip of hound SOW 1ee1 :.^ width lying 25A0 feel on each side of the Easterly extenwson of the center - ofI,LE. 62 Steel as said center line is shown on the plat of JOVCE PROPERTIES SUBDIVISION, accced v,g to tie plat thereof, reccrdei ma Plat Beek Si. Page 3. of the J iirrc Rec. of M ate County. -Florida and being mare particularly described ae time COMMENCE all* Ncrtbeaat comer of said Lot 21; Vence nun S003858'141 cling the East hie of soot Lob 21 of. so measured at night angles, and parallel with the said Easterly Menace of the center line of N.E. 62 Stir nun S0`38"58"W along the East line of Lot 21 and akxg the Parr line of said Lot 22 for a distance of S0.01 and parallel with the sand Easterly extension of the center ire of NE 82 Street; thence run NW-N.46 h centerline of J.E. 62 Sleet for a cluslancce of 111.11 fee( to a pefnt of Intersecriso" win the Vielute of s Lot 22, as measured aloinig the West hoe of said Lot 22; thence run NY40.101E along the West brie of riiirseeton w1h aline 25.00 feel North of, as measurred al right angles, and parallel wdi the said feel South of the Northwest corner of said Lot 21, as measured along the West hie of said Lot 21; exleuiainre of the said centerline of N:E. 62 Steel for a distance of 111.10 feet to a Kull CO line poron of Lots 20 and 21 irk said Block 1 which begs warn the external area formed by a 25.00 S ie 2S.00 feel Ncr1h of arid parallel with to Easlerfry extension of the sad centelne of N.E. " 182 ^ :.:t! esah Records Hock 11500, rage 1S§3, of the Phibhc records of Mho ni-ade C Address: 6210 NE 4th Court Folio: 01-3218-024-0180 Legal Description: r a distance of 1.96 feet to the pont of intersected" writ" a hoe 2S00 feet Halt and to the Pert of Beginning of tie herein descried parcel; thence cccilnure 10 o spirit of rrieraechon with a hie 25 feel South of. as measures at light angles, the line 25,00 feet South of and parallel valh the Easterly extension of the sari Ldt22 said porn of it iersection lying 2.(0 tel South of the Nort"weet Bonner of acid Lot 22 and along the Vilest line of said Lot 21 for a distance of S0.01 feel ti a perm of extension of the sad centerline of N.E. 62 Street. said Feint of ritdrsecion lyrvg 2.03 mine nit S8& 59146 E stem the said line 25.00 feel North of and parallel %Oh the Easterly 1 line of send Lot 21 and to the Porht of Begrinrrg of the therein ctesSait ed parcel AND ihal radars arc concave to the Narrowest tangent to the East bee of sad Lot 20 and tangent to sari Steel. Berg the sane premises descried as Parcel No. 46 rr Eirhei Juhrlgrnenl recorded Jhily ty, Florida Lot 19 anc ti c Su.y1 s 40.25 feel of Lot 18. Block 1, of h1ORTH GATE, io the map or plat tereof, as recorded in Pla1 Book 8, Page 88, of 1he Pubic Records of Miarrr-Dade County, Ronda. 43658518;2 SUBSTITUTED. Address: 320 NE 61st Street Folio: 01-3218-022-0030 Le2a1 Description: Beginning al a pans 204.E feel Senn of the Norllwaest carver of SW 1i4 of Sechvn 18, Township 53 South, Range 42 East, sham on SECOND CORRECTED PLAT OF PIERCES SLEDIVISIOtJ LEMON CITY, as recorded n Pla1 Bonk 2, Page 21, of the Pubic Records of Mremn-Darle Comity, Floats; run rtieasterty along ure Southern boundary of Lerman Avenue 81g.06 feel 10 Me Pant of Be}rrhng, thence run South 100 feet; Menne rim East 106 feet thence run Month 100 feet thence We 100 feel to the Pont of Begrnrrg, king and bang n Miami -Dade County, Rends. Aso krrxun as: The Weal 100.06 feel of the East 402.40 feel of the Narti ifpb feet of Black 17, SECOND CORRECTED PLAT OF PI ES SUENDIVISION LEMON CITY, as recorded in Plan Book 2, Page 21, of the Puthe Records of & ni-Dade County, Florida, I FAA. the North 2.S feet LESS mat land conveyed fair Right of Way purposes ri Mai Warranty Deed recorded :Deceit -ter S, tg82 in Deed .. .36tx4 Page 227, as re -recorded n Oficial Records Bonk 4e30, Foam 496, tooth of the Pubic Records of 4A1anni County, Finals; as more partrcut ny deserted as foams: The North two and sore-tralf (2.8) feel, more on less of the tolorrmg described land: Beginning Ma pain. 204.5 feet, South of the Northwest caner of SW 104 of Seelrvn 18, Torarshp 53 S City, as recorded in Plat Book 2, Page 21, of ire Pubic Records of iliamrDade County, Florida; run Beginning thence run South 103 feet thence MTh East 100feel ; thence nun Nutt' 100 feet; thence PAY 1 Address: 270 NE 61st Street Folio: 01-3218-015-0200 Le2a1 Description: Cdrmmenong al a porn on the South side of Lemon Avenue, 438 feel East of the feet thence run Southerly 100 feet; thence run Weaterty 100 feel; thence run Non 5.3 South, flange 42 East, according to the Second Corrected Plat of Pierceia Ronda. LL S AND EXCEPT the lands conveyed to The City of Mucus, a murne Attie Records of Miami -Dade County, fiends. Address: 334 & 350 NE 60th Street Folio: 01-3218-016-0140; 01-3218-016-0150 Le2a1 Description: , Range 42 Easi, as shown on Second Ccnrecied Plat of Piefeeua SubdrtE11en Lemont Masterly cloning ire Seut ern boundary of Lemon Avenue a ACC. feel to the Pant of s1 i00 feel is tie Pewit of Beginning, tying and thong IIIMiami-Dade County, Ronda. head corner of the niersedhion of the Corm Rock Road and Lemon Avenue, thence run Easterly CO 1C i feet to the Porn of Berg; being in Pierce's Sion of Lemon Cray in Seaman 18 Toarhshp ion of Lemon City, as recorded in Plat. Book 2, Page 21, of the Pubic Almeida of Miami -Dale County, ion n Warranty Deed under Clerks File No. CC-44488, as recorded in Deed Book 3471, Page 443, of the Lots 20, 21, 22 and za, of B I AYNE P'ARIIC, coning o 1IIle OWE hereof, recorded rl Mal 1, Page 145, of 111e Put:6e Re arch of Miami -Dade Courtly, Ronda. 43658518;2 SUBSTITUTED. Address: 296 NE 60th Street Folio: 01-3218-016-0100 Le2a1 Description: Lol 16, of BISCAYNE PAW, accorchrig is ire Flail 'thereof as recorded di Pearl Book 1, Page 19$, od the ,Lie ;.eoNcisof J l am,-liace Cou-T,r. F c. . Address: 270 NE 60th Street Folio: 01-3218-016-0070 Le2a1 Description: Lai 11, of BISCAYNE PAW, acceding in ire inap cc Mat thereof, as recorded Rai Bon& 1, age OS, of ire Pi c Records of kl rCrac a Court, bride. 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 114 in Section 18, Township 53 South, Range 42 East, this point being the Southeast corner of the intersection of Lemon Avenue as now traveled and the County Road, thence run in a Northeasterly direction along said Lemon Avenue 328 feet to POINT OF BEGINNING; thence run in a Northeaster direction along the South line of said Lemon Avenu -, 0 feet thence South 100 feet thence run in a South erly direction parallel with said Lemon Avenue 50 feet. ence run North 100 feet to POINT OF BEGINNING_ 43658518;2 SUBSTITUTED. Address: 262 NE 61st Street Folio: 01-3218-015-0170 Le2a1 Description: BEGINNING at a point 25 feet East and 204 feet and six inches South of the Northwest corner of the Southwest quarter of Section 18, Township 53 South, Range 42 East, this point being the Southeast corner of the intersection of Lemon Avenue as now travelled and the County Rock Road; thence run in a Northeasterly direction along said Lemon Avenue 378 feet, this point being the PLACE OF BEGINNING; thence running a Northeasterly direction along the South line of said Lemon Avenue 60 feet; thence South 100 feet; thence in a Southwesterly direction parallel with Lemon Avenue, 60 feet; thence North 100 feet to the PLACE OF BEGINNING, Tying and being in Miami -Dade County, Florida; subject to z feet deeded to the City of Miami from North side of property for street purposes, deed dated January 27, 1953, in Deed gook 3741, at page 443, of the Public Records of Miami -Dade County, Florida_ Address: 6380 NE 4th Avenue Folio: 01-3218-020-0321 Le2a1 Description: North 105.79 of the South 350 fe •'t of Tract "R" REID ACRES, accors ng to the Plat thereof, as recorded in Plat Book 50, at Page 84, cif e Public Records of M iaimi-Odic Co try, Florida. 43658518;2 SUBSTITUTED. Address: 6301 NE 4th Avenue Folio: 01-3218-020-0361 Le2a1 Description: A portion of Tract T. of REID ACRES, according to the Plat thereof, as recorded in Plat Book 50, Page 84, of the Public Records .f Miami -Dade County, Florida, being more particularly described as follows: BEGINNING at the Southeast corner of said Tract "T"; thence North 00'01'34" West along the Easterly boundary of said Tract "T", a distance of 266.67 feet (said course being coincident with the Westerly right of way line of the Florida East Coast Railway); thence Norlh 07'56'27" West, a distance of 72.16 feet to a poin of curvature; thence Northwesterly along a circular curve to the left, having a radius of 351.26 feet and a central angle of 04'36'21", for an arc distance of 28.24 feet (the last mentioned 2 .urses being coincident with the Southwesterly boundary of that certain railway easement recorded in Deed Book 3719, Page 148, of the Public Records of Miami -Dade County, Florida); nce South 89°58'26" West at right angles to the next described course, a distance of 235.03 feet thence South 00°01'34" East along the Westerly boundary of said Tract "T", a distance of 364.43 feet thence South 89° 41' 10" East along the Southerly boundary line of said Tract °'T", a distance of 250.00 feet to the point of beginning_ Address: 415 NE 62nd Street Folio: 01-3218-047-0010 Le2a1 Description: Parcel "3": Tract X. a1 ki-11 �u6_1fYk$I{`1N, aanordkng to like Plat iefeof, as recorded r1 Pta1 Book 87, Seclton 18, Toar`s a :,? 4a.ih, Range 42East iikarrn-DadeCau 1y, Florida. Address: 365 NE 61st Street Folio: 01-3218-015-0730 Legal Description: 23, at Vie Purt+tee Records of MraarrDade County, Fkaroda, as of Ike above lying and bel in Lot 4, Nock 118 of SECOND CORRECTED PLAT OF PIERCES SuBDIVISK OF LEMON CITY, accordkrng to the Plat thereof as recalled in Hai Book 2, Page 21, of Ike Pubic Records of MrarnrdadeCoumy. Fko a. And LESS the Scrim 2.5 feel. and 1 FAA AND EXCEPT Thal Keen of Lot Monk 18 of SECOND OORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY. according to ike Plat Thereof as recorded in Pla1 Boa& 2. Page 21, of Me !Nitric Records of fats , r aide County. Ronda, winch kes Horn of a ine lhal r 25.LXi feel South of, as measured al mini anglers, and paraitek wren lake center bine of NI . 62 Steel, as cad center brie a9 sliotin an prof JOYCE PROPERT ES SUBDIVEION, according io Ike Alai Thereof recorded in PIa1 Bad; 51, Paige 38, of Me Pubic Amman of Miami -Dade Couiiy, Florida, pursuant to Order of T : ing recorded in Oficial Records Boot ii 738, Page 1721 together win Final Judgment as to Parcel Na.% 42 and 44 recorded in Official Records Bon* 10877, Page 2 i93, of ike Pu is Roc.. - of Mrarrri-Dade Comity, Fkanda. 43658518;2 SUBSTITUTED. Address: 298 NE 61st Street Folio: 01-3218-022-0100 Le2a1 Description: BEGINNING at a point 204_05 feet South of the Northwest corner of the Southwest 1/4 in Section 18, Township 53 South: Range 42 East thence run 613 feet Northeasterly to a POINT OF BEGINNING; thence run South 100 feet: thence East 105.E feet: thence North 100 feet thence West 105.5 feet to POINT OF BEGINNING, less the North 2.5 feet thereof, lying and being in Miami -Dade County, Florida_ Address: 300 NE 61st Street Folio: 01-3218-022-0010 Le2a1 Description: BEGINNING at a point 204.05 feet South of the Northwest corner of the Southwest 114 in Section 18, Township 53 South, Range 42 East; thence run 718.5 feet Northeasterly to a POINT OF BEGINNING; thence rur South 100 feet; thence East 50 feet: thence North 100 feet: thence W r t 50 feet to POINT OF BEGINNING. less the North 2.5 feet thereof, ing and being in Miami -Dade County. Florida_ Address: 310 NE 61st Street Folio: 01-3218-022-0020 Le2a1 Description: BEGINNING at a point 204.05 feet South of the N. thwest corner of the Southwest 1J4 in Section 18, Township 53 South_ • ange 42 East thence run 768.5 feet Northeasterly to a POINT OF BEGINNING; thence run South 100 feet: thence East 50 feet: thence rth 100 feet thence West 50 feet to POINT OF BEGINNING, less th. North 2.5 feet thereof, lying and being in Miami -Dade County, Florida_ 43658518;2 SUBSTITUTED. Address: 340 NE 61st Street Folio: 01-3218-022-0040 Le2a1 Description: DULLAMS UNRECORDED PLAT, SAME BEGINNING 204.5 FT_ SOUTH AND 918.5 FT_ EAST OF NW CORNER SW 114 SOUTH 100 FT EAST 100 FT. NORTH 100 FT. WEST 100 LOT 5 & 0 LESS 2.5 FT. FOR ST. (LEGAL DESCRIPTION AS PER OFFICIAL RECORDS BOOK 27029 PAGE 2669 MIAMI-DADE COUNTY. FL RECORDS) Address: 371 NE 61st Street Folio: 01-3218-015-0720 Le2a1 Description: LOT 3, LESS THE EAST 1.00 FOOT THEREOF, AND LESS THE NORTH 7.50 FEET AND THE SOUTH 2.50 FEET THEREOF FOR ROAD RIGHT-OF-WAY, IN BLOCK 18 OF "SECOND CORRECTED PLAT OF PIERCES SUBDIVISION„ LEMON CITY" ACCORDING TO THE PL THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 21 OF THE PUB IC RECORDS OF M IAMI-DADE COUNTY, FLORIDA_ Address: 6350 NE 4th Avenue Folio: 01-3218-020-0320 Le2a1 Description: The North 134.21 feed of t - South 254.21 feet of Tract "R' RIEI r ACRES, according to the PI at ereef, as moorded in Pi -at Buuk 50 at Papa 84, of the Public Records •f Miami -Dade County, Florida. 43658518;2 SUBSTITUTED. 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 BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Address: 288 NE 61st Street Folio: 01-3218-022-0090 Legal Description: BEGINNING AT A POINT 204.5 FEET SOUTH OF THE QUARTER SECTION CORNER ON THE WEST LINE OF SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, WHERE THE SOUTH LINE OF LEMON AVENUE, PRODUCED WESTERLY, WOULD INTERSECT THE WEST LINE OF THE SAID SECTION 18, THENCE RUN NORTHEASTERLY ALONG THE SOUTH LINE OF LEMON AVENUE AND THE SOUTH LINE OF LEMON AVNUE 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 SO . H LINE OF LEMON AVENUE, 50 FEET; THENCE RUN 100 FEET TO THE SOUTH LINE OF LEMON AVENUE; HENCE RUN WESTERLY ALONG THE SOUTH LINE OF LEMON AVENUE, 50 FEET TO THE NW CORNER • THE TRACT HEREBY CONVEYED: LESS AND EXCEPT THE LANDS CONVEYED TO THE CITY OF MIAMI, A 4 NICIPAL CORPORATION IN WARRANTY DEED RECORDED IN DEED BOOK 3657, PAGE 282 AND RER ORDED IN O.R. BOOK 4695, PAGE 288, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PA"CEL 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 FCORDED INFL4TBOOK 1, AT PAGE 196 OF THE PUBLIC RECORDS OF MIAMf-VADE COUNTY, FLORIDA. 43658518;2 SUBSTITUTED. Address: 5972 & 5974 NE 4th Avenue Folio: 01-3218-089-0010; 01-3218-089-0020 Le2a1 Description: UNIT 5972 AND UNIT 5974, OF 380 WAREHOUSE CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 28550, PAGE 4835 AND ALL EXI-!!BITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF MIAM!-DDADE COUNTY, FLORIDA. Address: 5952 NE 4th Avenue Folio: 01-3218-016-0200 Le2a1 Description: LOTS 27, 2$ AND 29, OF BISCA YNE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1 ' PLAT BOOK 1, AT PAGE 198, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 43658518;2 SUBSTITUTED. Exhibit B — Final Approved Regulating Plan to be added following final City Commission approval. SUBSTITUTED. EXHIBIT C Approved Concept Book See attached. roved Conce t Book SUBSTITUTED. be added followin ' final C. Commissi n Exhibit C — Final A approval. SUBSTITUTED. EXHIBIT D Conceptual Phasing Schedule See attached. SUBSTITUTED. CITY INNOVATION DISTRICT Magic City Innovation District Conceptual Phasing Plan Parcel t 2 2010 2020 2021 Begin Construction 2022 2023 2024 Construction Completion Begin Coirstruction _ 2025 Construction Completion 2026 2027 2028 202E 2030 2031 2032 2033 2034 _ 3 / Begin Construction 4 Bum Construction „"__2:! Construction Completion 5 Begin Construction Construction Completion 6 Begin Construction Construction Completion 7 Construction Construction Completion 8 Begin Construction End Constmction //Begin 9 7 Begin Construction Construction In Progress Constiucticn Completion 10 Begin Construction Construction In Prop Construction Completion 1 Begin Construction Construction In Prop** Construction Completion BegiConConstruction Construction Completion 14 Begin Can Wcl0n Construction In Progress Construction Completion 14 /f Begin Gonstrtllon ConstructionCompletion 15 ein00l0 18 n Construction Completion 17 / Begin Construction MAGIC CITY INNOVATION DISTRICT SAP - CONCEPTUAL PHASING PLAN NOTE: PROPOSED CONCEPTUAL PHASING PLAN ONLY; SUBJECT TO ADJUSTMENT BY APPLICANT I eegm Construction 1 Construction In Progress I Construction Completion CITY OF MIAMI HEARING BOARDS PLANS EVIEW rba,maoe66 G64e utS Planning Q2.. /d l Y6 ar: ego above doe net .ply approval June 20, 2018 47 SUBSTITUTED. EXHIBIT E Adopted Little Haiti/Lemon City Design Guidelines See attached. SUBSTITUTED. CITY OF MIAMI PLANNING DEPARTMENT HISTORIC LEMON CITY/ LITTLE HAITI CREOLE DISTRICT DESIGN GUIDELINES Lemon City, though never incorporated, was one of the earliest settlements in the Miami area, with it history dating back to c. 1870, when pioneers rushed to claim their share of land offered by the federal govern► ent through the Homestead Act. E.H. Harrington named the area for the lemon trees growing on his property, an• the first use of the name "Lemon City" is recorded by the County in 1889. Lemon City grew as a result of the na rally occurring deep water port located at the Bay and what is now NE 61st Street. By 1896 with the arrival of e Florida East Coast Railway, Lemon City prospered with its main industries farming, fishing and shipping. the 1920s Lemon City became a prime location for tourist camps. These camps, or parks, often had cabins fo the thrifty "tin can" tourists who vacationed in Florida. One of these cabin courts, called "Magic City" remains t••ay. One other building, the drugstore and medical office of Dr. John Gordon Du Puis, built in 1902 at 6041 N nd 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, pa► cularly from Haiti. The infusion of this culture has brought a new and vibrant "personality" to the area. The intent .f these design guidelines is to influence future public and private development to respect and enhance the chara r of Lemon City and the Haitian culture of Little Haiti as a desirable place to live, work, and recreate. Access o Little Haiti Park shall be important for all pedestrians, including elderly and children. The main goals and s ategic actions contained in the Miami Design District and Little Haiti Creole District Planning Study completed ' November 1998, is to encourage revitalization focused on arts and design, strong urban character, and the ar:.'s importance as a commercial mixed use core for the surrounding residential neighborhoods. The intent encour.•es mixed -use structures with activities that generally serve the retailing, service, and housing needs. The Historic Lemon City/Little Haiti Creole District shinclude all properties along NE 2nd Avenue between 52nd and 71st Streets. These guidelines will apply architect .I and design standards to this highly visible area strategically located along NE 2nd Avenue, to protect agar t inappropriate, discordant or incongruent design. The design standards will encourage appropriate develop ent for the community character and conservation of its unique cultural and historic heritage. This District is .ne of Miami's cultural gateways into the city and should be conserved and enhanced in a manner consistent wit he heritage of the Haitian Caribbean island culture. The guidelines will assist in insuring that future developme and redevelopment activity along the NE 2nd Avenue corridor respects this character and compliments the scale . d variety of uses within the neighborhood. This unique blend of retail, office and residential uses characterize N. 2nd Avenue as a special urban neighborhood with a high volume of pedestrian activity. The architecture associated reflect French and Spanis independent and with its described in these gui will help to produce h Haiti is characterized as "French -Creole", a unique mixture of cultural traditions that uilding traditions. Haiti, occupied by both the Spanish and the French, is also fiercely wn vernacular traditions synthesized a unique architectural type. Buildings within the area lines shall be built to respect this culture, tradition, and architecture. The following guidelines aesthetic cultural idenitity: (1) Buildings sh be designed with the Carribean climate in mind and complementing the Carribbean-French Creole designed .cades reminiscent of the Haitian culture and community's desired appearance. (2) Chain ink fencing shall not be placed in the first layer adjacent to NE 2nd Avenue; unless it is of a temporary na 4 re. SUBSTITUTED. EXHIBIT F List of Required Roadway Improvements See attached. SUBSTITUTED. Required Roadway Improvements Exhibit F to Magic City SAP Development Agreement • Prior to any Temporary or Permanent Certificate of Occupancy issued identified on the Parcelization Plan at Sheet 43 of the Concept Boo construction completion in 2028 (as shown on the Conceptual Phasin the Concept Book): o Realignment of the two (2) offset, stop -controlled interse at NE 4th Avenue (West) and NE 62nd Street at NE 4th Street at NE 4th Avenue. The proposed realigned between NE 62nd Street and NE 61st Street will provi an exclusive left -turn lane and an exclusive th approach at the intersection of NE 62nd Stre southbound approach at the intersection of N o The southbound approach at the intersectio will be reconfigured to provide one (1) thr lane (245 feet). Please note that right-o as on -street parking is provided alon NE 62nd Street. • Prior to any Temporary or Permanen identified on the Parcelization Pla construction completion in 2033 the Concept Book): o Parcel 10, 2033: Exte Terrace. Note that t Department to co north side of NE o Parcel 10, 203 NE 2nd Ave feet) and la n Parcel 5 (as , scheduled for n at Sheet 47 of ions of NE 62nd Street enue (East) with NE 61st gment of NE 4th Avenue e a three (3) lane section with ough lane at the northbound and NE 4th Avenue and at the 61st Street and NE 4th Avenue. of NE 62nd Street and NE 4th Avenue gh lane and one (1) exclusive right -turn -way is not required for this improvement he west side of NE 4th Avenue just north of Certificate of Occupancy issued on Parcel 10 (as at Sheet 43 of the Concept Book), scheduled for shown on the Conceptual Phasing Plan at Sheet 47 of ion of NE 3rd Avenue from NE 61st Street to NE 59th e Applicant is coordinating with the City of Miami Planning ert a portion of the existing surface parking lot located on the th Terrace into the NE 3rd Avenue extension. . The westbound approach at the intersection of NE 60th Street and e will be reconfigured to provide one (1) exclusive left -turn lane (325 e (1) exclusive right -turn lane. 45990954;2 SUBSTITUTED. EXHIBIT G Joinder Form See attached. SUBSTITUTED. Exhibit "G" ADDITIONAL PROPERTY TO DEVELOPMENT AGREEMENT JOINDER FORM AND ACKNOWLEDGEMENT OF JOINDER This ADDITIONAL PROPERTY TO DEVELOPMENT AGREE ► ENT JOINDER FORM ("Joinder Form") is executed this day of , 20 by the undersigned entity. RECITALS WHEREAS, the City of Miami ("City") has entered into a 1 -velopment Agreement dated 20 , and recorded in the public records Miami -Dade County, Book , Page (the "Development Agr: -ment") with the Developer as defined therein, regarding the Magic City Innovation District special Area Plan (the "SAP"); and WHEREAS, the Development Agreement secure • certain benefits and obligations for the mutual benefit of the City and the Developer, as set fort in the Development Agreement; and WHEREAS, the Development Agreement . lows the joinder of additional Abutting (as defined in Miami 21) properties subsequent to th. Development Agreement's Effective Date (as defined therein) through the execution and r'cordation of this Joinder Form, provided the incorporation of such additional properties in • the SAP has received all required City of Miami ("City") approvals (including the review an. recommendation by the City's Planning, Zoning and Appeals Board ("PZAB") and approval b the City Commission); and WHEREAS, the undersigned incorporated in the SAP, more parti Property"); and ns property or a property interest Abutting the SAP to be larly described in Exhibit "A" attached hereto (the "Joinder WHEREAS, the undeigned desires to enjoy the benefits conferred upon the Developer under the Development Ag ement in respect of the Joinder Property, and in consideration for such benefits agrees to be %ound by the obligations imposed therein upon the Developer. NOW THE the aforementioned correct, and incor Form and the J Agreement su ORE, in consideration of the benefits conferred upon any Developer by evelopment Agreement, and certifying that the above recitals are true and rating such recitals herein, the undersigned does hereby execute this Joinder der Property becomes an incorporated property pursuant to the Development ect in all respects to the terms and conditions thereof. Th: undersigned, and the Joinder Property, as applicable, shall assume all of the benefits, and be b%und, comply with, and perform all of the obligations, as set forth in the Development Agree , ent and as applicable to the Joinder Property which the undersigned owns, provided the inco .oration of the Joinder Property into the SAP has received all required City approvals (in, uding the required review and recommendation by the PZAB and approval by the City mmission to amend the Miami 21 Atlas in respect of the Joinder Property's inclusion in the 45745448;1 SUBSTITUTED. SAP). The undersigned shall be obligated to the City for the benefit of the City, and the Ci shall have all rights and remedies set forth in the Development Agreement to enforce the tern s of the Development Agreement against the undersigned and the Joinder Property, to the exten . pplicable to the Joinder Property owned by the undersigned. The undersigned also hereby represents that it has full power and authority to ex: ute this Joinder Form, and certifies to City that none of its owners or officers, nor any immedie family member of any of such owners or officers, is also a member of any board, commiss •n, or agency of the City. WITNESS [COMPANY NAME] By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowle 20 , by ged before me this day of , the . of , a ; such person being personally known to me or has pr 45745448;1 duced as identification. NOTARY PUBLIC, State of Florida Print Name: Commission Number: My Commission Expires: SUBSTITUTED. The City hereby acknowledges and consents to the joinder of the above signatory . d 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 c., poration located within the State of Flori ; a By: , City ►' anager APPROVED AS TO FORM AND CORRECTNESS: By: , City Attorney Witnesses: Print Name: Print Name: STATE OF COUNTY OF ) SS: ) The foregoing i :trument 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 corpora on, who is personally known to me or who has produced as identification. 45745448;1 NOTARY PUBLIC, State of Print Name: Commission Number: My Commission Expires: SUBSTITUTED. EXHIBIT A Joinder Property Address and Legal Description 45745448;1