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AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT TO ARTICLES 3 AND 7 OF
ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ("MIAMI 21") BY AMENDING THE EXISTING JUNGLE ISLAND SPECIAL
AREA PLAN, INCLUSIVE OF THE REGULATING PLAN AND CONCEPT BOOK, TO ALLOW
THE REZONING OF THE T6-12-0 TO T6-36A-O FOR APPROXIMATELY 5.3 ACRES A
PORTION OF THE DEVELOPMENT TOTAL OF APPROXIMATELY 18.61 ACRES (810,795
SQUARE FEET) AS PART OF THE AMENDMENT WITH A NAME CHANGE TO THE
"ECORESILIENCY SPECIAL AREA PLAN ("SAP"), LOCATED AT APPROXIMATELY 1111
MAC ARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES TWO
RESIDENTIAL TOWERS WITH A MAXIMUM HEIGHT OF 48 STORIES, 600 RESIDENTIAL
DWELLING UNITS AND APPROXIMATELY 2,874,128 SQUARE FEET OF TOTAL
DEVELOPMENT FLOOR AREA; THE SAP SHALL CONTAIN A 13.235 ACRE PUBLIC
WATERFRONT PARK; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS
THAT ARE APPLICABLE TO THE SUBJECT PARCEL AND WHERE A REGULATION IS NOT
SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF
MIAMI 21 WILL APPLY; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ecoresiliency Miami LLC, a Delaware limited liability company ("Applicant")
holds a Purchase and Sale agreement, attached and incorporated as Exhibit "B", for an
approximate 5.3 acre site of property on Watson Island, and seeks to redevelop approximately
13.235 acres of public land into a public park, located at 1111 MacArthur Causeway, Miami,
Florida, as more particularly described in the attached and incorporated Exhibit "A" (the
"Property'); and
WHEREAS, in 1998, the City of Miami ("City") authorized development of Jungle Island
(previously referred to as "Parrot Jungle") on vacant waterfront property owned by the City via a
Major Use Special Permit ("MUSP") approved under City Commission Resolution R-98-0376,
which included 172,444 square feet of visitor attraction spaces, accessory commercial uses, and
588 parking spaces in a parking structure on the south of the Property ("Jungle Island MUSP");
and
WHEREAS, in 2000, a modification to the Jungle Island MUSP approved under City
Commission Resolution R-00-1032 changed the development plans to reconfigure certain site
improvements and move the ballroom facility above a two-story portion of the building. The Jungle
Island theme park began operating in 2003, and the configuration of Jungle Island has remained
generally in accordance with the MUSP approval since that time; and
WHEREAS, on August 28, 2018, pursuant to City Commission Resolution No. R-18-0232,
the City voters approved, via referendum, a City Charter amendment to waive competitive bidding
and approve the proposed modification to the Jungle Island lease for development of a new hotel
development and attractions; and
WHEREAS, subsequently, on February 25, 2021, pursuant to City Ordinance No. 13973,
the Miami City Commission approved the Jungle Island Special Area Plan ("Jungle Island SAP"),
which included approval of a companion rezoning of the T6 Parcel (southeasterly 234,310 +/-
square feet of the Property) from "CS," Civic Space Transect Zone, to "T6-12-0," Urban Core
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17618 Legislation -SUB
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Transect Zone — Open, to accommodate a proposed hotel development and as part of the
modification, a series of public benefits were proffered as further described under Criteria F of the
staff analysis report titled "Previous 2019 Public Benefits under the original Jungle Island SAP";
and
WHEREAS, on November 5, 2024, City voters approved a referendum supporting the
following: i) the cancellation of the existing Jungle Island lease, which would have allowed the
private amusement park to remain until 2114; ii) the negotiation of the sale of the T6 Parcel and
corresponding development agreement for a mixed use residential development with commercial
uses; and iii) development of a new public waterfront park on the "CS," Civic Space, parcel; and
WHEREAS, additionally, on July 24, 2025, the City Commission granted the City Manager
authority to enter into a Purchase and Sale Agreement with the Applicant for the sale of the T6
Parcel to the Applicant via Resolution No. R-25-0297; and
WHEREAS, subsequently, the Applicant filed for an amendment to the Jungle Island SAP,
related to the Property pursuant to Article 7, Section 7.1.2.8(a)(2) and Article 3, Section 3.9 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"); and
WHEREAS, the Property is currently subject to the Jungle Island SAP, which include the
Jungle Island SAP Regulating Plan and Concept Book, adopted by Ordinance No. 13973, and
the original Development Agreement adopted by Ordinance No. 13974 ("Original Development
Agreement"); and
WHEREAS, the Applicant seeks to: i) terminate the Original Development Agreement
adopted by Ordinance No. 13974, ii) amend the Jungle Island SAP, inclusive of the Jungle Island
Regulating Plan and Concept Book, as part of the amendment, iii) effectuate a name change to
"Ecoresiliency Special Area Plan", and iv) approve a new Development Agreement; and
WHEREAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master
planning of parcels greater than nine (9) abutting acres in size; and
WHEREAS, this process is referred to as a Special Area Plan ("SAP"); and
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within an
SAP shall be pursuant to a recorded development agreement; and
WHEREAS, the Applicant applied for an SAP to the City to amend the existing Jungle
Island SAP inclusive of the Regulating Plan and Concept Book, and to allow the rezoning of T6-
12-0 to T6-36A-0 for approximately 5.3 acres of a portion of the total development of
approximately 18.61 acres (810,795 square feet), as described in the attached and incorporated
Exhibit A ("Rezone Property"); and
WHEREAS, as part of the amendment, the Applicant seeks a name change of the SAP to
"Ecoresiliency Special Area Plan" ("Project"); and
WHEREAS, the associated updated Concept Book, as attached and incorporated as
Exhibit "C," and updated Regulating Plan, as attached and incorporated as Exhibit "D," will be
added as "Appendix R" of the Miami 21 Code; and
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WHEREAS, the Applicant, as part of the Development Agreement as further outlined in
the Purchase and Sale Agreement, seeks to redevelop approximately 13.235 acres of the Project
of public land for a Public Park at no cost to the City, with an allowance of Thirty -Seven Million
and 00/100 Dollars ($37,000,000.00); and
WHEREAS, the Applicant as part of the proposed development as outlined in 1(c) of the
Purchase and Sale Agreement, seeks to develop a mixed -use residential project consisting of
two (2) residential towers, with a minimum of 1,200,000 sellable square feet with a maximum of
600 units and related amenities, and up to 25,000 square feet of retail commercial space,
excluding back -of -house and other customary, non -habitable areas for a combined development
capacity of 2,812,000 square feet; and
WHEREAS, in exchange, the Applicant has proffered a series of Community Benefits as
further outlined in Section 14 of the Purchase and Sales Agreement; and
WHEREAS, in association with said application, the Applicant seeks approval of a
Development Agreement pursuant to Chapter 163, Florida Statutes; and
WHEREAS, City Planning staff finds the submitted materials and analysis provided as part
of this SAP application are consistent with the intent of the Miami 21 Code, the Comprehensive
Plan, and all other relevant City regulations; and
WHEREAS, the City's Planning Department recommends approval with conditions; and
WHEREAS, on October 15, 2025, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for Special Area Plan amendment and
Rezoning of the portion of the SAP Property, item PZAB.1, and passed PZAB-R-25-067,
recommending approval with an additional condition to study the parking for the park area, by a
vote of nine to two (9-2); and
WHEREAS, the City and the Applicant wish for the development of the Project to proceed
substantially in accordance with the updated Regulating Plan and Design Guidelines, attached
and incorporated (Regulating Plan and Design Guidelines); and
WHEREAS, the City and the Applicant wish for the development of the Project to conform
with the requirements of the Comprehensive Plan; and
WHEREAS, assurance to the Applicant that it may proceed in accordance with existing
laws and policies, subject to the conditions of a development agreement, strengthens the public
planning process; and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changing and changed conditions that make the passage of the propose
change necessary; and
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby approves, pursuant to Article 3, Section 3.9
and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code, the amendment of the
existing Jungle Island SAP, inclusive of the Regulating Plan and Concept Book for the Property
and a Rezone of the 5.3 acres of the property (Rezone Property) as described in the attached
and incorporated Exhibit "A" from T6-12-0 to T6-36A-O, with the following conditions:
1) The development shall be substantially in accordance with the Regulating Plan and
Concept Book entitled "Ecoresiliency SAP" as prepared ODP Architect and West 8,
consisting of 39 pages dated stamped approved for hearing in ePlan (PZ 25-18934). The
Concept Book Index Sheet A-000-Rev1 includes details on Concept Book sheets added,
deleted, and amended as a part of this Application.
2) All developments proposed shall be developed in accordance with the Regulating Plan
and subject to an SAP permit as may be required therein.
3) The T6-36A-O portion shall contain up to two (2) condominium towers, with a maximum
height of 48 stories, a minimum of 1,200,000 sellable square feet and related amenities,
comprising of no more than 600 dwelling units and a maximum of 25,000 square feet of
retail commercial space, excluding back -of -house areas and other customary non -
habitable areas. The combined development capacity shall not exceed 2,812,000 square
feet.
4) Any outstanding conditions requested by City staff for project PZ 25-18934 that modify,
amend, alter, and/or change the Concept Book or Regulating Plan shall be provided to
City staff by Applicant and approved by City staff prior to final approval before the City
Commission, unless those conditions are imposed by the City Commission which will be
incorporated into the final resolution as approved as to legal form by the City Attorney and
rendered by the City Clerk.
5) The Applicant and any successor shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal process.
6) The Applicant and any successor shall meet all applicable building codes, land
development regulations, ordinances, and other applicable laws and regulations and shall
pay all applicable fees due prior to the issuance of any building permit.
7) The Applicant and any successor shall comply with all applicable requirements pursuant
to Article 11 of the Miami 21 Code and Chapter 62, Article XVI of the City Code, titled "Art
in Public Places".
8) The Applicant and any successor shall meet all the applicable regulations from the Federal
Aviation Administration (FAA) and Miami -Dade County Aviation Departments (MDAD).
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9) As part of SAP permit review, the City of Miami Police Department and Department of
Fire -Rescue may review and provide comments to the Planning Department.
10) Applicant and any successor shall obtain approval or provide a letter of assurance from
the Department of City Solid Waste that the SAP has addressed all concerns of the said
Department prior to obtaining a building permit.
11) Applicant and any successor to demonstrate compliance with the applicable conditions
listed in the Development Agreement to be considered by the City Commission under
Eplan File ID. PZ-25-18934.
12) Prior to the issuance of a building permit, Applicant and any successor shall provide the
Building Department — Environmental Resources with a certified arborist report that gives
an assessment of each onsite tree, including those within the right-of-way and those
whose canopies cross the property line from an adjacent lot. The report shall provide
specifications such as tree number, common name, botanical name, DBH, overall height,
spread, and condition. Ensure each of these specifications are consistent with the tree
disposition drawing. Color photographs in support of the assessment are also required.
The report shall be dated no more than three (3) months from the time of submittal. A
certified arborist can be found by visiting www.isa-arbor.com and selecting Find an
Arborist on the homepage.
13)Applicant and any successor shall provide the Planning Department with a temporary
construction plan for review and approval that addresses construction phasing and
includes the following elements:
a. Temporary construction parking plan, with an enforcement policy;
b. Construction noise management plan with an enforcement policy; and
c. Maintenance plan for the temporary construction site; said plan shall be subject to
the review and approval by the Planning Department prior to the issuance of any
building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted
construction plan; failure to comply may lead to a suspension or revocation of this
SAP.
14) The "Ecoresiliency SAP" includes a Development Review Process which addresses the
build -out of the Project as identified in the Regulating Plan. All development within this
SAP shall be submitted for review and approval by the Planning Director prior to the
issuance of any building permit consistent with the requirements of Section 3.9.1.g. of the
Miami 21 Code and the SAP.
15) If the Project is to be developed in phases and/or individual specific projects, the Applicant
shall submit an interim plan, including a landscape plan, which addresses design details
for the land occupying future phases of this Project in the event that the future phases are
not developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
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16) The Applicant shall meet conditions identified in this Ordinance, with the SAP and all
applicable local, state, and federal regulations, as may be applicable.
17) As applicable, Applicant, as defined in the approved SAP, shall be responsible for securing
the City's approval for any change or modification to the approved temporary construction
plan. Request for approval of any change or modification to the previously approved
temporary construction plan shall be submitted for review and approved no later than two
weeks prior to implementation of requested change or modification.
18) Within 90 days of the effective date of this Ordinance, the Applicant and any successor
shall record a certified copy of the Development Agreement specifying that the
Development Agreement runs with the land and is binding on the Applicant, its
successors, and assigns, jointly and severally.
19) Prior to the effectuation of this SAP, the Applicant and any successor shall execute a
covenant acknowledging and agreeing to comply with all the terms and conditions
established herein, which shall be recorded in the Miami -Dade County Clerk of Courts.
The covenant (standard master covenant and agreement form) shall run with the land,
and shall be binding on any subsequent owners, heirs, or assigns, jointly and severally.
The covenant with the conditions attached must be submitted to the Planning Department
and the Office of the City Attorney for approval before being recorded and be in a form
acceptable to the City Attorney. After recordation, a certified copy bearing the Book and
Page Number and date shall be provided for inclusion in the case file. Fees required per
City Code for Monitoring of Special Area Plan and Inspection and Field Compliance
Review of Operations shall be paid to the City prior to the final clearance of this condition.
20) The Applicant and any successor shall defend, indemnify, and hold harmless the City from
any and all actions against the City relating to or arising out of, in whole or in part, the
City's processing or approval of this entitlement. The Applicant and any successor shall
reimburse the City for all costs incurred in defense of such an action, including court costs,
attorney's fees, and award of any damages against the City. If the City determines it
necessary to protect the City's interest, the Applicant shall execute an indemnity and
reimbursement agreement with the City with terms consistent with the requirements
herein. The City shall notify the Applicant within a reasonable time of its receipt of any
action and the City shall cooperate in the defense. If the City fails to notify the Applicant
of any action in a reasonable time, or if the City fails to reasonably cooperate in the
defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold
harmless the City. The City shall have the sole right to choose its counsel, including the
City Attorney's Office or outside counsel. At its sole discretion, the City may participate at
its own expense in the defense of any action, but such participation shall not relieve the
Applicant of any obligation imposed by this condition. In the event the Applicant fails to
comply with this condition, in whole or in part, the City may withdraw its defense of the
action, void its approval of the entitlement, or take any other action. The City retains the
right to make all decisions with respect to its representations in any legal proceeding,
including its inherent right to abandon or settle litigation. For purposes of this condition,
the following definitions apply: "City" shall be defined to include the City, its agents,
officers, boards, commissions, committees, employees, and volunteers; "Action" shall be
defined to include suits, proceedings (including those held under alternative dispute
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resolution procedures), claims, or lawsuits. Nothing in the definitions included in this
paragraph are intended to limit the rights of the City or the obligations of the Applicant
otherwise created by this condition.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof.'
1 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.
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City of Miami
Legislation
Ordinance
Enactment Number
File Number: 17618
SUBSTITUTED
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.co
Final Actio Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUA TO
ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, AS AMEND- ., THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, IAMI 21")
BY AMENDING THE EXISTING JUNGLE ISLAND SPECIA AREA PLAN,
INCLUSIVE OF THE REGULATING PLAN AND CONCE BOOK, TO
ALLOW THE REZONING OF THE T6-12 TO T6-36 FO
APPROXIMATELY 5.3 ACRES A PORTION OF THE
TOTAL OF APPROXIMATELY 18.61 ACRES (810,
PART OF THE AMENDMENT WITH A NAME C
"ECORESILIENCY SPECIAL AREA PLAN ("S
APPROXIMATELY 1111 MAC ARTHUR CA
AS MORE PARTICULARLY DESCRIBED I
CONSISTS OF A PHASED PROJECT W
RESIDENTIAL TOWERS WITH A M
600 RESIDENTIAL DWELLING UNIT
SQUARE FEET OF TOTAL DEVE
SHALL CONTAIN A 13.235 ACR
SAP WILL MODIFY THE TRA
APPLICABLE TO THE SUBJ
IS NOT SPECIFICALLY M
AND RESTRICTIONS OF
FACT AND STATING
BINDING EFFECT;
PROVIDING FOR
EVELOPMENT
5 SQUARE FEET) AS
GE TO THE
), LOCATED AT
EWAY, MIAMI, FLORIDA,
EXHIBIT "A"; THE SAP
CH INCLUDES TWO
UM HEIGHT OF 48 STORIES,
AND APPROXIMATELY 2,874,128
PMENT FLOOR AREA; THE SAP
UBLIC WATERFRONT PARK; THE
ECT ZONE REGULATIONS THAT ARE
T PARCEL AND WHERE A REGULATION
IFIED BY THE SAP, THE REGULATIONS
IAMI 21 WILL APPLY; MAKING FINDINGS OF
NCLUSIONS OF LAW; PROVIDING FOR
NTAINING A SEVERABILITY CLAUSE; AND
EFFECTIVE DATE.
WHEREAS, on • tober 15, 2025, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("P A B") considered the application for
item PZAB. - nd passed PZAB-R-25- , recommending
, by a vote of ; and
WHE' ' AS, Ecoresiliency Miami LLC, a Delaware limited liability company ("Applicant")
holds a Pur ase and Sale agreement, attached and incorporated as Exhibit "B", for an
approxim - 5.4 acre site of property on Watson Island, and seeks to redevelop approximately
13.235 - res of public land into a public park, located at 1111 MacArthur Causeway, Miami,
Floridas more particularly described in the attached and incorporated Exhibit "A" (the
"Prerty'); and
WHEREAS, in 1998, the City of Miami ("City") authorized development of Jungle Island
(previously referred to as "Parrot Jungle") on vacant waterfront property owned by the City via a
Major Use Special Permit ("MUSP") approved under City Commission Resolution R-98-0376,
which included 172,444 square feet of visitor attraction spaces, accessory commercial uses,
City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025
and 588 parking spaces in a parking structure on the south of the Property ("Jungle Island
MUSP"); and
WHEREAS, in 2000, a modification to the Jungle Island MUSP approved under City
Commission Resolution R-00-1032 changed the development plans to reconfigure certain sit
improvements and move the ballroom facility above a two-story portion of the building. The
Jungle Island theme park began operating in 2003, and the configuration of Jungle Island as
remained generally in accordance with the MUSP approval since that time; and
WHEREAS, on August 28, 2018, pursuant to City Commission Resolution ' . R-18-
0232, the City voters approved, via referendum, a City Charter amendment to wa - competitive
bidding and approve the proposed modification to the Jungle Island lease for d elopment of a
new hotel development and attractions; and
WHEREAS, subsequently, on February 25, 2021, pursuant to Cit •rdinance No. 13973,
the Miami City Commission approved the Jungle Island Special Area PI ("Jungle Island
SAP"), which included approval of a companion rezoning of the T6 P el (southeasterly
234,310 +/- square feet of the Property) from "CS," Civic Space Tr- ect Zone, to "T6-12-0,"
Urban Core Transect Zone — Open, to accommodate a proposed otel development and as part
of the modification, a series of public benefits were proffered a rther described under Criteria
F of the staff analysis report titled "Previous 2019 Public Ben: s under the original Jungle
Island SAP"; and
WHEREAS, on November 5, 2024, City voters - •proved a referendum supporting the
following: i) the cancellation of the existing Jungle Is!. d lease, which would have allowed the
private amusement park to remain until 2114; ii) th = egotiation of the sale of the T6 Parcel and
corresponding development agreement for a mix= . use residential development with
commercial uses; and iii) development of a ne •ublic waterfront park on the "CS," Civic Space,
parcel; and
WHEREAS, additionally, on July , 2025, the City Commission granted the City
Manager authority to enter into a Purc e and Sale Agreement with the Applicant for the sale
of the T6 Parcel to the Applicant via ' -solution No. R-25-0297; and
WHEREAS, subsequent) he Applicant filed for an amendment to the Jungle Island
SAP, related to the Property p . uant to Article 7, Section 7.1.2.8(a)(2) and Article 3, Section
3.9 of Ordinance No. 13114, e Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"); and
WHEREAS, throperty is currently subject to the Jungle Island SAP, which include the
Jungle Island SAP R- •ulating Plan and Concept Book, adopted by Ordinance No. 13973, and
the original Develo ' ent Agreement adopted by Ordinance No. 13974 ("Original Development
Agreement"); an
WHE. AS, the Applicant seeks to: i) terminate the Original Development Agreement
adopted b •rdinance No. 13974, ii) amend the Jungle Island SAP, inclusive of the Jungle
Island R: • ulating Plan and Concept Book, as part of the amendment, iii) effectuate a name
chang= o "Ecoresiliency Special Area Plan", and iv) approve a new Development Agreement;
and
WHEREAS, Section 3.9 of the Miami 21 Code authorizes the assembly and master
lanning of parcels greater than nine (9) abutting acres in size; and
WHEREAS, this process is referred to as a Special Area Plan ("SAP"); and
City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025
SUBSTITUTED
WHEREAS, pursuant to Section 3.9.1.f. of the Miami 21 Code, development within an
SAP shall be pursuant to a recorded development agreement; and
WHEREAS, the Applicant applied for an SAP to the City to amend the existing Jungle
Island SAP inclusive of the Regulating Plan and Concept Book, and to allow the rezoning of T
12 to T6-36 for approximately 5.4 acres of a portion of the total development of approximate
18.61 acres (810,795 square feet); and
WHEREAS, as part of the amendment, the Applicant seeks a name change of e SAP
to "Ecoresiliency Special Area Plan" ("Project"); and
WHEREAS, the Applicant, as part of the Development Agreement as fu er outlined in
the Purchase and Sale Agreement, seeks to redevelop approximately 13.235 res of the
Project of public land for a Public Park at no cost to the City, with an allowa e of Thirty -Seven
Million and 00/100 Dollars ($37,000,000.00); and
WHEREAS, the Applicant as part of the proposed developme
Purchase and Sale Agreement, seeks to develop a mixed -use resi
two (2) residential towers, with a minimum of 1,200,000 sellable s
600 units and related amenities, and up to 25,000 square feet
excluding back -of -house and other customary, non -habitable
capacity of 2,812,000 square feet; and
WHEREAS, in exchange, the Applicant has pro
as outlined in 1(c) of the
tial project consisting of
are feet with a maximum of
retail commercial space,
eas for a combined development
red a series of Community Benefits as
further outlined in Section 14 of the Purchase and Sa s Agreement; and
WHEREAS, in association with said appli
tion, the Applicant seeks approval of a
Development Agreement pursuant to Chapter - , Florida Statutes; and
WHEREAS, City Planning staff find e submitted materials and analysis provided as
part of this SAP application are consiste ith the intent of the Miami 21 Code, the
Comprehensive Plan, and all other rele - nt City regulations; and
WHEREAS, the City's Plan g Department recommends approval with conditions; and
WHEREAS, the City an the Applicant wish for the development of the Project to
proceed substantially in acco •ance with the updated Regulating Plan and Design Guidelines,
attached and incorporated 'egulating Plan and Design Guidelines); and
WHEREAS, th - ity and the Applicant wish for the development of the Project to
conform with the req ements of the Comprehensive Plan; and
WHERE ., assurance to the Applicant that it may proceed in accordance with existing
laws and polici , subject to the conditions of a development agreement, strengthens the public
planning pro, -ss;
W, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI LORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
opted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the application pursuant to Article 3,
Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code with the
following conditions:
City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025
SUBSTITUTED
1) The development shall be substantially in accordance with the Regulating Plan and
Concept Book entitled "Ecoresiliency SAP" as prepared ODP Architect and West 8,
consisting of 39 pages dated stamped approved for hearing in ePlan (PZ 25-18934). Th
Concept Book Index Sheet A-000-Rev1 includes details on Concept Book sheets add
deleted, and amended as a part of this Application.
2) All developments proposed shall be developed in accordance with the Regulatin ; Plan
and subject to an SAP permit as may be required therein.
3) The T6-36A-O portion shall contain up to two (2) condominium towers, wit
height of 48 stories, a minimum of 1,200,000 sellable square feet and re
comprising of no more than 600 dwelling units and a maximum of 25,
retail commercial space, excluding back -of -house areas and other c
habitable areas. The combined development capacity shall not ex
feet.
a maximum
ed amenities,
square feet of
tomary non-
ed 2,812,000 square
4) Any outstanding conditions requested by City staff for proje 'Z 25-18934 that modify,
amend, alter, and/or change the Concept Book or Regula ' g Plan shall be provided to
City staff by Applicant and approved by City staff prior t• inal approval before the City
Commission, unless those conditions are imposed by e City Commission which will be
incorporated into the final resolution as approved as • legal form by the City Attorney
and rendered by the City Clerk.
5) The Applicant and any successor shall corn
PI
ith the requirements of all applicable
departments/agencies as part of the City of iami building permit submittal process.
6) The Applicant and any successor shall ' -et all applicable building codes, land
development regulations, ordinances, , nd other applicable laws and regulations and
shall pay all applicable fees due pri• to the issuance of any building permit.
7) The Applicant and any success
to Article 11 of the Miami 21
"Art in Public Places".
shall comply with all applicable requirements pursuant
de and Chapter 62, Article XVI of the City Code, titled
8) The Applicant and any . ccessor shall meet all the applicable regulations from the
Federal Aviation Adm' !station (FAA) and Miami -Dade County Aviation Departments
(MDAD).
9) As part of SAP
Fire -Rescue
rmit review, the City of Miami Police Department and Department of
y review and provide comments to the Planning Department.
10) Applicant d any successor shall obtain approval or provide a letter of assurance from
the De• ment of City Solid Waste that the SAP has addressed all concerns of the said
Depa r ent prior to obtaining a building permit.
11) A- • licant and any successor to demonstrate compliance with the applicable conditions
ted in the Development Agreement to be considered by the City Commission under
Eplan File ID. PZ-25-18934.
City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025
SUBSTITUTED
12) Prior to the issuance of a building permit, Applicant and any successor shall provide the
Building Department — Environmental Resources with a certified arborist report that
gives an assessment of each onsite tree, including those within the right-of-way and
those whose canopies cross the property line from an adjacent lot. The report shall
provide specifications such as tree number, common name, botanical name, DBH,
overall height, spread, and condition. Ensure each of these specifications are consis nt
with the tree disposition drawing. Color photographs in support of the assessment e
also required. The report shall be dated no more than three (3) months from the e of
submittal. A certified arborist can be found by visiting www.isa-arbor.com and --lecting
Find an Arborist on the homepage.
13) Applicant and any successor shall provide the Planning Department wit : temporary
construction plan for review and approval that addresses construction asing and
includes the following elements:
a. Temporary construction parking plan, with an enforceme- policy;
b. Construction noise management plan with an enforc ent policy; and
c. Maintenance plan for the temporary construction ite; said plan shall be subject
to the review and approval by the Planning De, : rtment prior to the issuance of
any building permits and shall be enforced d ing construction activity. All
construction activity shall remain in full co ► •liance with the provisions of the
submitted construction plan; failure to coply may lead to a suspension or
revocation of this SAP.
14) The "Ecoresiliency SAP" includes a Devel
build -out of the Project as identified in t
SAP shall be submitted for review an
issuance of any building permit con
the Miami 21 Code and the SAP.
15) If the Project is to be develop
Applicant shall submit an in
design details for the land
future phases are not d
be subject to review
ment Review Process which addresses the
Regulating Plan. All development within this
pproval by the Planning Director prior to the
tent with the requirements of Section 3.9.1.g. of
in phases and/or individual specific projects, the
im plan, including a landscape plan, which addresses
ccupying future phases of this Project in the event that the
eloped, said plan shall include a proposed timetable and shall
approval by the Planning Director.
16) The Applicant sh - meet conditions identified in this Ordinance, with the SAP and all
applicable local -tate, and federal regulations, as may be applicable.
17) As applicab Applicant, as defined in the approved SAP, shall be responsible for
securing City's approval for any change or modification to the approved temporary
constru ' on plan. Request for approval of any change or modification to the previously
appro -d temporary construction plan shall be submitted for review and approved no
late han two weeks prior to implementation of requested change or modification.
18) ithin 90 days of the effective date of this Ordinance, the Applicant and any successor
shall record a certified copy of the Development Agreement specifying that the
Development Agreement runs with the land and is binding on the Applicant, its
successors, and assigns, jointly and severally.
City of Miami File ID: 17618 (Revision:) Printed On: 10/14/2025
SUBSTITUTED
19) Prior to the effectuation of this SAP, the Applicant and any successor shall execute a
covenant acknowledging and agreeing to comply with all the terms and conditions
established herein, which shall be recorded in the Miami -Dade County Clerk of Courts.
The covenant (standard master covenant and agreement form) shall run with the land,
and shall be binding on any subsequent owners, heirs, or assigns, jointly and several)
The covenant with the conditions attached must be submitted to the Planning
Department and the Office of the City Attorney for approval before being recorded d
be in a form acceptable to the City Attorney. After recordation, a certified copy b : ring
the Book and Page Number and date shall be provided for inclusion in the cas file.
Fees required per City Code for Monitoring of Special Area Plan and Inspec '. n and
Field Compliance Review of Operations shall be paid to the City prior to th• final
clearance of this condition.
20) The Applicant and any successor shall defend, indemnify, and hold ► : rmless the City
from any and all actions against the City relating to or arising out . ', in whole or in part,
the City's processing or approval of this entitlement. The Applict and any successor
shall reimburse the City for all costs incurred in defense of su an action, including
court costs, attorney's fees, and award of any damages ag-. st the City. If the City
determines it necessary to protect the City's interest, the A • plicant shall execute an
indemnity and reimbursement agreement with the City h terms consistent with the
requirements herein. The City shall notify the Applica► within a reasonable time of its
receipt of any action and the City shall cooperate i e defense. If the City fails to notify
the Applicant of any action in a reasonable time, • if the City fails to reasonably
cooperate in the defense, the Applicant shall n• thereafter be responsible to defend,
indemnify, or hold harmless the City. The Ci , shall have the sole right to choose its
counsel, including the City Attorney's Offic= •r outside counsel. At its sole discretion, the
City may participate at its own expense i - he defense of any action, but such
participation shall not relieve the Appli.: nt of any obligation imposed by this condition. In
the event the Applicant fails to comp with this condition, in whole or in part, the City
may withdraw its defense of the a on, void its approval of the entitlement, or take any
other action. The City retains th- ight to make all decisions with respect to its
representations in any legal p seeding, including its inherent right to abandon or settle
litigation. For purposes of t condition, the following definitions apply: "City" shall be
defined to include the Cit is agents, officers, boards, commissions, committees,
employees, and volunt- s; "Action" shall be defined to include suits, proceedings
(including those held der alternative dispute resolution procedures), claims, or
lawsuits. Nothing in e definitions included in this paragraph are intended to limit the
rights of the City • the obligations of the Applicant otherwise created by this condition.
Section 3. If a- section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declar' . invalid, the remaining provisions of this Ordinance shall not be affected.
Section . This Ordinance shall become effective thirty-one (31) days after second
reading and •option thereof, pursuant and subject to Section 163.3184(12), Florida Statutes
and Sectio 63.3187(5)(c), Florida Statutes.'.
APPR
ED AS TO FORM AND CORRECTNESS:
1 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 File ID: 17618 (Revision:) Printed On: 10/14/2025