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Home My WebLink AboutSubmittal-Iris Escarra-Letter to Planning DirectorT GreenbergTraurig April 15, 2025 Via Email pz� Iris V. Escarra Tel. 305-579-0737 Fax 305-961-5737 escarrai@gtlaw.com Submitted into the public record or i m(s) David Snow on City Clerk Planning Director City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: AB CG Owner, LLC / 2835 Tigertail, Miami, Florida / Vested Rights Dear Mr. Snow: Our firm represents AB CG Owner, LLC (the "Owner"), owner of the above -referenced property (the "Property"). On behalf of the Owner, we respectfully submit this letter as our confirmation of vested rights. I. Background The Property, located within the City's Coconut Grove neighborhood, is zoned T5-O with an NCD-3 overlay, under Miami 21. Pursuant to a Zoning Verification Letter dated April 19, 2021, the City confirmed in writing that the site is zoned T5-O and is located within a Transit Oriented Development (TOD) area, a copy of which is attached as Exhibit 1. An image of the Property is below depicting the Abutting properties. Greenberg Traurig, P.A. ( Attorneys at Law 333 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 I T+1 305.579.0500 I F +1 305.579.0717 tTh140 Sib ��tr�s Escarco, - Le.\\-tr �o p10 10 ec 2835 Tigertail Avenue Vesting Letter Submitted i.t.ito the pu lie record ;for it rr ) City Clem Oil On September 28, 2023, the City Commission adopted Ordinance No. 14211, attached as Exhibit 2, which amended Section 3.14 of Miami 21 to provide bonus Height properties zoned T5-O when satisfying certain conditions as detailed therein. Specifically, Ordinance No. 14211 allowed for T5-O properties, such as the Property, to utilize bonus Height, up to a maximum of eight (8) Stories by Right when zoned T5-O, within a TOD area, and not Abutting' a T3 Transect Zone. As noted above, the City has confirmed in writing through a Zoning Verification Letter that the Property is zoned T5-O and is located within a TOD area. The Property does not Abut any T3 zoned properties. Ordinance No. 14211 specifically prohibited NCD-3 Single Family Residential District. The Property is not located within the NCD-3 Single Family Residential District as confirmed by the Property's T5-O Zoning designation. On December 20, 2023, in full, good faith reliance on Ordinance No. 14211 and the City's written confirmation that the Property was zoned T5-O and located within a TOD area, the Owner submitted for a master building permit pursuant to BD23-029961-001 for an eight (8) Story mixed use structure at the Property (the "Building Permit Application"). The Building Permit was approved through prescreen review on December 29, 2023. The Building Permit Application is currently in its fourth (4th) cycle of review. Further, on March 14, 2024, the City Commission adopted Ordinance No. 14262 which expanded the ability to utilize the bonus height in the T5-O Transect Zone, expanding the available areas to include Opportunity Zones. No changes were made to the applicability of the bonus height options for the Property. Ordinance No. 14262, adopted while the Building Permit Application was under review is only further assurance that the City intended to allow for bonus height at the Property and the Owner relied on assurance and continued to actively seek the Building Permit Application. File ID 17436, scheduled for the April 16, 2025, Planning Zoning and Appeals Board meeting seeks to prohibit the use of the T5-O bonus height provisions in the entirety of the NCD- 3, including the Property. ' Miami 21 defines Abutting as: 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. Greenberg Traurig, Y.A. ( Attorneys at Law 2835 Tigertail Avenue Vesting Letter II. LEGAL ANALYSIS Submitted iJito the pub record fpri.te,� Ss) 7 , 71 Gil 9 j,1 1 t.5 . City Clerk 1. The City must issue the Building Permit for the Property because the Owner submitted a building permit application prior to introduction of File ID 17436. The Owner submitted the Building Permit Application for an eight (8) Story structure on December 20, 2023, relying, in good faith, on the Commission's adoption of Ordinance No. 14211. A municipality may not deny an application which meets all the requirements existing at the time it is filed. See City ofMargate v. Amoco Oil Co., 546 So. 2d 1091 (Fla. 4th DCA 1989). In Dade County v. Jason, 278 So. 2d 311 (Fla. 3d DCA 1973), a developer "made formal application after preliminary discussions with Dade County authorities" to secure a building permit for construction of a multi -family building. After review of the application, the County informed the developer that the permit would be issued upon payment of the required fees. Id at 311. Nonetheless, two (2) days later, the developer learned that the permit would not be issued because the County had instituted a building moratorium in an area which included the developer's property. Id. The Court found that because the developer had completed all the necessary prerequisites to obtain its permit the County was estopped from denying the permit even though a building moratorium had been instituted after the developer filed its complete application. Id. at 312. In this case, the Owner submitted a complete Building Permit Application to the City's Building Department more than a year before the Planning Zoning and Appeals Board was scheduled to consider File ID 17436. In full reliance on Ordinance 14211, the Owner completed construction drawings and submitted the Building Permit Application to the City. Accordingly, the Owner should be entitled to obtain a building permit and commence construction at the Property, unrestricted by any new regulations or prohibitions associated with File ID 17436.2 2. The City must issue a building permit for the Planned Improvements because the Owner has acquired vested rights. The Owner has acquired vested rights to obtain a building permit for the eight (8) Story structure at the Property pursuant to the laws and regulations in place at the time the Building Permit Application was submitted. Under Florida law, a party acquires vested rights when he/she (1) in good faith relies (2) upon some act of government (3) which leads him or her to incur such substantial obligations and expenses (4) that would make it highly inequitable to interfere with the acquired right. Monroe County v. Ambrose, 866 So.2d 707 (Fla. 3d DCA 2003); see also Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla. 1976). A party who meets 2 See City ofMargate v. Amoco Oil Co., 546 So. 2d 1091 (Fla. 4th DCA 1989) (ordering issuance of a permit which "met the municipal code in existence at the time" it was filed even though the City amended its code after application was filed). Page 3 of 4 Greenberg Traurig, Y.A. I Attorneys at i, aN' 2835 Tigertail Avenue Vesting Letter Submitted into the pub record jor itim s) Gil City Clerk the above mentioned criteria may successfully raise the doctrine of equitable estoppel in order to challenge a municipality's actions. Id. In the present case, the Owner relied in good faith on the existing regulations and assurances provided by the City (through words and deeds), which was reviewing the Building Permit Application, in accordance with the then existing regulations. Relying on these assurances, the Owner has continuously worked to realize its plan for the Property. The Owner has invested substantial resources on the development of the Property including but not limited to architectural and engineering plans, and construction drawings and has incurred other professional fees and expenses all with the objective of obtaining a building permit and commencing construction of the eight (8) Story structure at the Property. The Owner made these investments in good faith relying on the applicable regulations and on the City's continuous review of the Building Permit Application. III. Request for Confirmation The Owner is entitled to issuance of a building permit for the eight (8) Story structure because (1) its Building Permit Application, which met all the requirements existing at the time it was filed, was submitted before File ID 17436 was considered by the Planning Zoning and Appeals Board and (2) it has acquired vested rights to obtain a building permit for the eight (8) Story structure at the Property. Accordingly, we respectfully request written confirmation that the City may approve the Building Permit Application, unrestricted by any new requirements that may imposed by the adoption of File ID 17436. Should you require additional information or have any questions, do not hesitate to contact me at (305) 579-0737. Enclosures Greenberg Traurig, P.A. j Attorneys at Law (fitg 4Thami April 19, 2021 Mr. Brian Dombrowski Greenberg Traurig 333 SE 2 Avenue Miami, FL 33131 RE: 2835 TIGERTAIL AV Dear Mr. Brian Dombrowski: • 1.11tt 111111 • or II. i \\ ! /) Submitted into the public record fer it (s) Oa 11,9 15 . City Clerk ARTIIUR NORIEGA V City Manager Folio# : 01-4121-025-0310 Pursuant to your letter dated December 28, 2020 requesting zoning verification for the above - mentioned property, and in response to said request, please be advised of the following: The current zoning designation per the City of Miami's Interactive Mapping Tool (GIS) for the above referenced address is T5-O (Urban Center Zone), which is located within the Coconut Grove Neighborhood Conservation District (NCD-3) Zoning Designation Overlay. GIS further indicates that it has an existing land use designation of Hotel and a future land use of Medium Density Restricted Commercial. The T5 Transect Zone consists of higher Density 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 following uses are allswed_lily right in the NCD-3/T5-O Zoning Designation: Single Family Residence, Community Residence, Two Family Residence, Multifamily Housing, Home Office, Live -Work, Bed & Breakfast, Inn, Hotel, Office, Entertainment Establishment, Food Service Establishment, General Commercial, Place of Assembly, Recreational Establishment, Recreational Facility, Religious Facility, Learning Center, Pre -School, and Research Facility. A table of these uses, together with other uses that may be allowed pursuant to a Warrant or Exception may be found in Article 4, Table 3 of the Miami 21 Codc. Supplemental uses and regulations may also be found in Article 6, Table 13. Per your request, based on our GIS map this property is located within a Transit Oriented Development (TOD) area. Also, this property is eligible to participate as a receiving site in the Historic Preservation Transfer of Development Density program. Lastly, this Zoning Verification Letter addresses solely those aspects of Miami 21 contained herein. Other restrictions, including, but not limited to platting, recorded covenants, and like, may affect the OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami. Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Eitg of 4Thami 116,11 • 9 Submitted Lnto the public record f r li}nts) cm LI I tti I L5 . City Clerk ARTHUR NORIEGA V City Manager r ability to develop the property in accordance witn finis z,v L. Accordingly, such inquiries should be addressed to the appropriate parties, if any. For your convenience, additional information regarding Miami 21 regulations may be obtained by visiting the Miami 21 website at www.Miami21.org or by contacting our zoning information counter at 305-416-1499. Sincerely, 0.444.0 a<_ - Tamara Allen Frost Assistant Director OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 City of Miami Ordinance 14211 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 Submitted into th emigov.com record f r it s)7-. 1 on .� City Clerk File Number: 14113 Final Action Date: 9/28/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.4, TITLED "DENSITY AND INTENSITY CALCULATIONS," TO CLARIFY DENSITY STANDARDS IN CERTAIN TRANSIT LOCATIONS, AND BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT AND MODIFICATIONS TO THE DEVELOPMENT STANDARDS IN SPECIFIED AREAS WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE FOR PUBLIC BENEFITS AND/OR OTHER SPECIFIED ENHANCEMENTS AND TO CLARIFY EXISTING D1 BONUS HEIGHT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, development projects within certain transit locations within the City of Miami ("City") contribute to the creation of compact, walkable, pedestrian -oriented, mixed -use communities centered around transit systems that provide enhanced mobility; and WHEREAS, the Public Benefits Program allows bonus Building Height in exchange for a developer contribution to specified programs that provide benefits to the public and the neighborhood; and WHEREAS, an amendment is necessary to allow bonus building height in specified areas within "T5," Urban Center Transect Zones, to maintain future growth capacity of the City without the need to rezone to a higher transect zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 14, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-074 by a vote of seven to two (7 - 2), Item No. PZAB. 18, recommending approval of the zoning text amendment; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and City of Miami Page 1 of 13 File ID: 14113 (Revision: C) Printed On: 11/16/2023 File ID: 14113 Enactment Number: 14211 WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, the City Commission deems it advisable and in the best interest of the general welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article 3 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 3. GENERAL TO ZONES 3.4 DENSITY AND INTENSITY CALCULATIONS 3.4.4 Submitted into the public recordfpr Itrin(s) YZ,, on I ►M City Clerk 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. For properties within one-half (1/2) mile of a Metrorail. Brightline, or Tri-Rail station with an underlying Comprehensive Plan designation that provides for a greater Density than the zoning, the applicable Density shall be as permitted by the underlying Comprehensive Plan designation. 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this section is to allow bonus Building Height and in T5 and T6 Zones. bonus FLR in T6 Zones, and bonus Building Height in D1 Zones. subiect to certain conditions. in exchange for the developer's contribution to specified programs that provide benefits to the public. 3.14.1 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Submitted into the p lie reco tl fokr is) 1_ '7 s;a z ite C) . City Clerk Enactment Number: 14211 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits and neighborhood enhancements, above that which is otherwise required by this Code, in the amount and in the manner as set forth herein. T5 bonus Height 1. The bonus Height shall only be available to properties in a T5 Transect Zone that are not located within or Abutting the Neighborhood Conservation District (NCD) of Coral Gate (NCD-1), Village West Island District and Charles Avenue (NCD-2), or the Single -Family Residential District of the Coconut Grove NCD-3, and satisfy one or more of the following circumstances: a. T5-O site within a TOD not Abutting a T3 Transect Zone; or b. T5-O site within a TOD Abutting a T3 Transect Zone shall be by process of Exception with City Commission approval; or c. T5-O lots assembled and platted prior to Miami 21 that are more than 200,000 square feet shall be by process of Exception with City Commission approval; or d. T5 site that Abuts a D1 Transect Zone except when Abutting a T3 Transect Zone. 2. The bonus Height shall be as follows: T5-O: five (5) Story maximum, bonus to eight (8) Stories; bonus Development Height shall only be permitted through Public Benefits pursuant to Section 3.14 and/or neighborhood enhancements as described below in an amount equivalent to the floor area of the proposed bonus floors, as follows: a. Landscape Enhancements: Development provides for native specimen street trees within the verge with a DBH of twenty-five percent (25%) above the typical standards required by Article 9 and City Code Chapter 17 and are specified within an adopted Street Tree Master Plan. For each tree provided on -site above twenty-five percent (25%) of the standard DBH required, a development shall be allowed an equivalent amount of Floor Area of anticipated mature canopy area provided up to the bonus Height described in Section 3.14.1. b. Park Improvements: As identified under Section 3.14.4.b improvements shall be coordinated with the Citv's Capital Improvement Program within the associated Commission District. Nothing herein shall prohibit or limit an applicant under this section from making an additional voluntary contribution of amounts in excess of its obligation under this section to be used for Capital Improvements within the associated Commission District. c. Pedestrian and Mobility Connections: Creating or improving pedestrian and mobility connections between the development site and a transit stop and/or other community -serving destinations such as parks, government buildings, and commercial corridors. Such connections may include, but are not limited to, City Right -of -Way crosswalks, sidewalk improvements, street trees, street furnishings, and, traffic calming improvements that are coordinated with the Citv's Capital Improvements Program of the associated Commission District. i. The value of contributing pedestrian and mobility connection improvements shall be calculated and for said value, the development proiect shall be allowed additional bonus Height as described in Section 3.14.1. For all applicable purposes, such contributions shall be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3). City of Miami Page 3 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Submitted into the puillie record f r it s) on 4 P7.9 7,5 . City Clerk Enactment Number: 14211 d. On -site Mobility Amenities: For development sites within a TOD area and five hundred (500) feet of the Underline, enhanced on -site mobility amenities may be provided over and above the required bicycle facilities identified within Section 3.6.10. Such mobility amenities include air-conditioned space, lockers, showers, bicycle repair stations, drinking fountains within the mobility amenity space, and increased bicycle storage providinq at least twenty percent (20%) more bicycle spaces than required. If at least two of the preceding enhancements are provided, the Development shall be allowed bonus Height of an equivalent amount of Floor Area as described in Section 3.14.1. If at least three (3) of the precedinq enhancements are provided, the Development shall be allowed bonus Height of two (2) times the amount of Floor Area as described in Section 3.14.1. If at least four (4) of the precedinq enhancements are provided, the Development shall be allowed bonus Height of three (3) times the amount of Floor Area as described in Section 3.14.1. i. The value of contributing on -site mobility amenities shall be calculated and for said value, the development project shall be allowed additional bonus Height as described in Section 3.14.1. For all applicable purposes, such contributions shall be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3). T6 bonus Height 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 shares a property line with 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 percent (30%) 3. T6-24a: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 7, bonus of thirty percent (30%) 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%) City of Miami Page 4 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Submitted into the public record fir ite (s) on 4 L1,ti I% f City Clerk Enactment Number: 14211 11. T6-80: eighty (80) Story maximum, bonus to unlimited Stories, FLR 24; bonus of fifty percent (50%). o Transect Zone Heights are fully described in Article 5. o In addition, certain other bonuses may be provided as follows: Reserved. 13. In T6 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum Buildings as described in Section 3.14.4. 14. An additional Story in any zone for development of a Brownfield as described in Section 3.14.4. 15. 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. 16. In T6-24b zones, bonus Height and FLR shall be fully satisfied through the following requirements: i. For rental Residential Development, a minimum of fourteen percent (14%) of the units shall be provided as Workforce Housing or a minimum of seven percent (7%) of the units shall be provided as Affordable Housing. ii. For ownership Residential Development, a minimum of ten percent (10%) of the units shall be provided as Workforce Housing or a minimum of five percent (5%) of the units shall be provided as Affordable Housing. iii. For all other development excluding ground floor Commercial and Office Uses, fourteen percent (14%) of the non-residential FLR shall be provided as a Trust Fund contribution as described in Section 3.14.4.a.(3). 17. In T6-8-O zones located in TOD areas, a proposed Development may obtain an additional two (2) Bonus FLR in addition to two (2) by Right FLR that is available only after fully utilizing all other Bonus FLR. There will be no limitations on the number of stories but a maximum Building Height of 179 feet (or 235 feet for developments which are 500 feet or more from T3) if the proposed Development meets one of the following criteria, as further described in Section 3.14.4: • For Office Development: Contributions to the Public Benefit Trust Fund for the purposes of developing Affordable/Workforce Housing at or below one hundred percent (100%) AMI. • For Residential Development: All bonus height and FLR is satisfied through the provision of on -site Affordable/Workforce Housing at or below one hundred percent (100%) of AMI. D bonus Height 1. D Zone: eight (8) Story maximum, bonus to ten (10) Stories. 3.14.4 City of Miami Page 5 of 13 File ID: 14113 (Revision: C) Printed on: 11/1 G/2023 File ID: 14113 Submitted into the pubXic recor f r ite ,s 7.. 1 044 � j 4 Z . City Clerk Enactment Number: 14211 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 Affordable/Workforce Housing priced at or below eighty percent (80%) area median income (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed three (3) square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. For each square foot of Affordable/Workforce Housing priced above eighty percent (80%) area median income (including pertaining shared space such as parking and circulation) provided on -site, 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. 2. Affordable/Workforce Housing off -site. For each square foot of Affordable/Workforce Housing (including pertaining shared space such as parking and circulation) provided off site, in a location within the City approved by the City Manager, the development shall be allowed an equivalent square footage of additional area up to the bonus Height and FLR as described in Section 3.14.1. No additional allowance is given for the purchase of the site. 3. Trust Fund contributions. For a cash contribution to the Miami 21 Public Benefit Trust Fund, the development shall be allowed additional Floor Area up to the bonus Height and FLR described in Section 3.14.1. The cash contribution shall be determined based on a percentage of the market value of the per square foot price being charged for units at projects within the market area where the proposed project seeking the bonus is located. The calculation assumes a land value per saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of market area's weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect market conditions effective October 1st of every year. b. Public Parks, Open Space, or Park Improvements. The development project in-a-T6 zone may provide any of the following or combination thereof: 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' Assessment 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. City of Miami Page 6 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Enactment Number: 14211 Submitted ;.;ito the publjc recorc}i r ite is) Z City Clerk ii. Park improvements shall be valuated and for said value the development project shall be allowed additional Floor Area up to the bonus Height and FLR described in Section 3.14.1 and shall for all applicable purposes be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3). iii. Park improvements for Public Parks in areas below 50% median income threshold shall be allowed two times the valuation credit. iv. Park improvements for Public Parks located within five hundred (500) feet of the development site and that are within a T5 Transect Zone and a TOD area shall be allowed two (2) times the valuation credit for up to 50% of the Floor Area. Park improvements for Public Parks located within five hundred (500) feet of the development site that are within a T5 Transect Zone and a TOD area with a Metrorail, Brightline or Tri-Rail station shall be allowed five (5) times the valuation credit for up to 50% of the Floor Area. v. Donations must meet all City requirements for design, equipment specifications, construction, warranties, etc. Park improvements are subject to review and approval by the City Manager or designee in accordance with Miami 21. 2. Public Open Space provided on -site in a location and of a design to be approved by the Planning Director. For each square foot of dedicated public Park or Open Space provided, the development shall be allowed an equivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.14.1. The project shall maintain the Frontage requirements of the Transect Zone. The Open Space may be a Courtyard, Plaza, or Thoroughfare or Pedestrian Passage through the site connecting two (2) Thoroughfares, such as a segment of the Baywalk or FEC Greenway. See Article 4, Table 7. 3. Trust Fund contribution. For a cash contribution to the Miami 21 Public Benefits Trust Fund, the development project shall be allowed additional Floor Area up to the bonus Height and FLR described in Section 3.14.1. The cash contribution shall be determined based on a percentage of the market value of the per square foot price being charged for units at projects within the market area where the proposed project seeking the bonus is located. The calculation assumes a land value per saleable or rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen) percent of market area's weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect market conditions effective October 1st of every year. c. Historic Preservation. The second half of a Development's requested 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 aAdditional Height and FLR shall be allowed for Buildings certified by the U.S. Green Building Council (USGBC) or for Buildings in a City of Miami Page 7 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Submitted into the record f r ite (s) on City Clerk Enactment Number. 14211 T5 Transect zone within one-half (1/2) mile of a Metrorail, Brightline or Tri-Rail station certified by the Florida Green Building Coalition (FGBC) as follows: 1. Silver, USGBC: For Buildings under 50,000 sf, 2.0% of the floor lot ratio (FLR) 2. Silver, FGBC: 20% of the non -Bonus Floor Area in a T5 zone within one- half (1/2) mile of a Metrorail, Brightline or Tri-Rail station. 3. Gold, USGBC: 4.0% of the Floor Lot Ratio (FLR) 4. Gold, FGBC: 30% of the non -Bonus Floor Area in a T5 zone within one- half (1/2) mile of a Metrorail, Brightline or Tri-Rail station. 5. Platinum, USGBC: 13.0% of the Floor Lot Ratio (FLR) 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 or FGBC certification, as applicable, 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 or FGBC certification, as applicable, 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. * * *If Section 3. Article 5 of the Miami 21 Code is further amended in the following particulars, including replacing the Building Height Diagram:1 "ARTICLE 5. SPECIFIC TO ZONES * ILLUSTRATION 5.5 GENERAL URBAN TRANSECT ZONES (T5) City of Miami Page 8 of 13 File ID: 14113 (Revision: C) Printed on: 11/18/2023 File ID: 14113 Enactment Number: 14211 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., except where greater lot coverage is approved by Exception from City Commission within TOD area. 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 1st through 5th Story 26 ft. min. above the 5th Story, except where lesser setbacks are approved by Exception from City Commission within TOD area. Abutting Side or Rear T3 10% of Lot depth**min. 1st through 2nd Story 26 ft. min. above 2nd Story, except where lesser setbacks are approved by Exception from City Commission within TOD area. BUILDING CONFIGURATION Submitted into the public record r it in(s) Z,'i on City Clerk City of Miami Page 9 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Enactment Number: 14211 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 8 Stories c. Max. Benefit Height 1- 3 Stories Abutting D1, except when Abutting T3 3 Stories within a TOD * 3 Stories for Tots assembled and platted prior to Miami 21 that are more than 200,000 so ft. * Submitted into the public City Cleric record f : ite�ILs) on lZ� *Shall be process of Exception in circumstances specified in Section 3.14.1.1 City of Miami Page 10 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 • File ID: 14113 Enactment Number: 14211 UILDING HEIGHT Mac Banal Hettt Mb i Max Mb i 1 i-ari 4 T B } i 51 1 VA A 3i 2 1/� 1i 0SRI i 1ZULWAIIIIIIIIIIN M-- INIILYAIIIIIIIIIIIIIIII rfr- 0 nin. ABUTTING , , &REAR ALL EX Ffl4 &T3 • 28' ABUTTING SIDE 3 REAR T4 MUTING SIDE & "10% d lot depth for Lots more than 120' deep 8' min for Lois less than 120 deep Submitted into the public record ffr ite 's) Z� '1 on 17.4 / 1,5 . City Clerk City of Miami Page 11 of 13 File ID: 14113 (Revision: C) Printed on: 11/18/2023 File ID: 14113 Enactment Number: 14211 Max. Benefit Height Max_ HeightMin Height Max. Benefit Height BUILDING HEIGHT 4 3 2 0" min. ►-c Max. Height Min Height ABUTTING SIDE & REAR ALL TRANSECT ZONES EXCEPT T4 & T3 8 7 26 min. 1- 6 6' min. �< ABUTTING SIDE & REAR T4 Submitted into the publ' record fQ : ite ris? y 1,, 7 n 9 17» I L5 . City Clerk Max. Benefit Height 8 Max. Height Min. Height 7 6 26' min 10% of Lot depth" 1-4 ABUTTING SIDE & REAR T3 "10% of Lot depth for Lots more than 120' deep. 6' min. for Lots less than 120' deep. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 12 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023 File ID: 14113 Enactment Number: 14211 Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective ten (10) days after the adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: Submitted into the pui is record fpr it sYL, on ({ t ?11 City Clerk 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 13 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023