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HomeMy WebLinkAboutR-00-1032J-00-953. 11/06/00 RESOLUTION.NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SERIES OF MODIFICATIONS TO A MAJOR USE SPECIAL PERMIT DEVELOPMENT. ORDER PURSUANT TO ARTICLE 17 OF ZONING ORDINANCE NO. 11000, FOR THE PARROT JUNGLE AND GARDENS PROJECT, TO BE LOCATED AT 901 ,MACARTHUR CAUSEWAY ON WATSON ISLAND, MIAMI, FLORIDA; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 5, 2000, Parrot Jungle & Gardens, Inc. of Watson Island, in conjunction with the City of Miami, ("APPLICANT"), submitted a request for modification to an approved Major Use Special Permit for the Parrot Jungle and Gardens Project "PROJECT" located at approximately 901 MacArthur Causeway, Miami, Florida, as legally described in "Exhibit A", pursuant to Ordinance No. 11000, the Zoning Ordinance ("Zoning Ordinance") of the City of Miami, Florida, as amended; and WHEREAS, development of the PROJECT required the issuance of a Major Use Special Permit pursuant to Articles 4 and 17 of the Zoning Ordinance; and ATTACHMENT CONTAINED D CITY COLNU41SSION MEETING OF m®v 1 6 2000 e tuwn NO' ..61 :; WHEREAS, the City Commission approved the Major Use Special Permit for the project on April 14, 1998, pursuant to Resolution No. 98-376; and WHEREAS, the Planning Advisory Board, at its meeting of October 18, 2000, Item No. 3, fol.lowing an advertised public hearing, adopted Resolution No. PAB 53-00 by a vote of five to zero (5-0), RECOMMENDING APPROVAL of the modifications to the Major Use Special Permit Development Order as attached hereto, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order for the PROJECT as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following modifications to the Major Use Special Permit Development Order, attached hereto as "Exhibit B" and made a part hereof are hereby approved as follows: 1) the main building to the north shall be shifted and components arranged as necessary to accommodate a lower, two-story parking structure to improve parking conditions and landscaping (large Page 2 of 7 1,y u°�u �- c� canopy type trees) on the upper level of the structure instead of a plain roof; 2) the ballroom facility level shall be moved to above a two-story portion of the building. This arrangement accommodates the landscaping provided in large planters that reach the ground soil and lowers the overall height of the building; 3) The park side structures shall be shifted slightly, as necessary, all subject to the conditions specified in said Development Order, per Article 17 of the Zoning Ordinance, for the PROJECT. Section 3. The findings of fact set forth below are hereby made with respect to the modifications of the subject PROJECT: a. The PROJECT, as modified, is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989- 2000, as amended. b. The PROJECT, as modified, is in accord with the PR Zoning classifications of the Zoning Ordinance. C. Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the PROJECT, as. modified, i.e., ingress and egress, parking, signs and lighting, Utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT, as modified, is expected to cost approximately $46 million, employ approximately 300 Page 3 of 7 * -- i e. workers during construction (Full Time Employees) and provide approximately 240 recurring jobs within the City of Miami. The PROJECT will: 1) provide a minimum of five percent (50) of gross revenue or $200,000 per year to the City in lease payments; 2) reach an estimated level of lease payments in the amount of $500,000 by the third year of operation; and 3) generate approximately $250,000 or more annually in ad valorum taxes for the City of Miami, Miami -Dade County, the School Board and other taxing authorities (1997 dollars) . The City Commission further finds that: (1) the PROJECT, as modified, will have a favorable impact on the economy of the City; (2) the PROJECT, as modified, will efficiently use public transportation facilities; (3) any.. potentially adverse effects of the PROJECT, as modified, will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT,, as modified, will efficiently use necessary public facilities; (5) the'PROJECT, as modified, will not negatively impact the environment and natural resources of the City; (6) the PROJECT, as modified, will not adversely affect living conditions in the neighborhood; (7) the PROJECT, as modified, will not adversely affect public safety; (8) based on the record presented and evidence presented, the public welfare will be served by the PROJECT, as modified, and Page 4 of 7 0IU + 0 (9) any potentially adverse effects of the PROJECT, as modified, arising from safety and security, fire protection and life. safety, solid waste, heritage conservation, trees, .shoreline development, minority participation and employment, and minority contractor/ subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. (10) the PROJECT, as modified, complies with the approved Lease and Development Agreement dated September 2, 1997, between the City of Miami and the Parrot Jungle and Gardens Inc. of Watson Island. Section 4. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants and any successors in interest. Section 5. The application for Major Use Special Permit, which was submitted on January 15, 1998, and is on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 6. This Major Use Special Permit modification will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section 7. The City Manager is hereby directed to instruct the Director of the Department of Planning and Zoning to transmit a certified copy of this Resolution and its attachments to the developers: Parrot Jungle and Gardens, Inc. of Watson Page 5 of 7. U'-.4m� Island, c/o Mr. Bern Levine, D.V.M., President, 11000 S.W. 57th Avenue, Miami, FL 33156. Section 8. The Findings of. Fact and Conclusions of Law are made with respect to the Project, as modified, described in the Development Order for the Parrot Jungle and Gardens Project, which is attached hereto as "Exhibit B" and made a part hereof by reference. Section 9. The Major Use Special Permit Development Order for the PROJECT ("Exhibit B") is hereby granted and issued subject to the execution of a "Joint Participation Agreement" between the City of Miami and Miami -Dade County for the Parrot Jungle and Gardens, Inc. Section 108 Loan application. Section 10. In the event that any portion or section of this Resolution or the Development Order ("Exhibit B") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order ("Exhibit B") which shall remain in full force and effect. Section 11. This Resolution shall become effective thirty (30) days after its adoption'/. l� This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor, vetoes this Resolution, it shall become effective immediately upon override of the veto by the City- Commission or upon the effective date stated herein, whichever is later. Page 6 of 7 �.U3 0 PASSED AND ADOPTED this 16th day of ATTEST: November —1 2000. JOE CAROLLO, MAYOR In accordance with Karni Code Sec. 2-06, since they he Mayor did not indicatp epproval of this legislalion by signing it in the des�ignatad placi� orcvided, inwnd, W� bc.=mes effective with the elapse of ten (10) days rn ths, tlqt,,- of ;I , /o.,, regarding same, without the Mayor eprcisirjgj 0. 41 :;01! WALTER J. FOEMAN CITY CLERK APPROVED,;' g�OT�ORNXCORRECTNESS:te W4813 M. mea:BSS J. Fogm-NnWity Clerk Page Z of 7-- LEGAL DESCRIPTION OF SUBJECT PROPERTY Botanical Gardens Exhibit "A" COMMENCE AT A POINT KNOWN AS P.T. STATION 25+50 OF THE OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS A PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF TANGENCY OF THE CENTERLINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY, RUNNING, SOUTHEASTWARDLY FROM THE NORTHWESTERLY CORNER OF WATSON ISLAND AND HAVING A RADIUS OF 1432.69 FEET AND A CENTRAL ANGLE OF 62°00'00"; THENCE RUN NORTH 60052'45" EAST, ALONG THE NORTHEASTERLY PROLONGATION OF THE RADIAL LINE OF THE ABOVE MENTIONED CURVE FOR A DISTANCE OF 670.74 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED, (SAID POINT BEING ALSO THE POINT OF BEGINNING OF LEASE AREA 1 MIAMI YACHT CLUB; THENCE SOUTH 09052'53- EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LEASE AREA 1 AND ITS SOUTHEASTERLY EXTENSION, FOR 857.30 FEET; THENCE SOUTH 60°52'45" WEST, FOR 223.24 FEET TO ITS INTESECTION WITH A LINE PARALLEL AND 100 FEET NORTHEASTERLY OF THE MOST NORTHERLY RIGHT OF WAY LINE OF SAID MACARTHUR CAUSEWAY; THENCE NORTH 29007'15" WEST , PARALLEL TO SAID RIGHT OF WAY FOR 1100.97 FEET TO A POINT OF TANCENCY; A THENCE ALONG A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 800 FEET, A CENTRAL ANGLE 25°16'16" FOR AN ARC DISTANCE OF 352.85 FEET; THENCE SOUTH 90°00'00" WEST FOR 94.95 FEET TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID MACARTHUR CAUSEWAY AND A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, SAID POINT BEARS SOUTH 41051'52" WEST FROM ITS CENTER; B THENCE ALONG SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 1090.64 FEET, A CENTRAL ANGLE OF 6047'18" FOR AN ARC DISTANCE OF 129.22 FEET TO A POINT OF COMPOUND CURVATURE; C THENCE ALONG A COMPOUND CURVE CONCAVE TO THE SOUTHWEST HAVING FOR ITS ELEMENTS A RADIUS OF 1441.25 FEET, A CENTRAL ANGLE OF 20027'49" FOR AN ARC DISTANCE OF 514.75 FEET; D THENCE NORTH 34°54'16"EAST FOR 338.29 FEET; THENCE SOUTH 55°05'44" EAST, FOR 726.47 FEET TO ITS INTERSECTION WITH THE APPROXIMATE SHORELINE OF BISCAYNE BAY; THENCE CONTINUE ALONG SAID SHORELINE FOR THE FOLLOWING EIGHT COURSES: (1) SOUTH 88021'37" EAST FOR 63.38 FEET; (2) THENCE SOUTH 86°09'34" EAST FOR 68.47 FEET; (3). THENCE SOUTH 82°33'21" EAST FOR 131.22 FEET; (4) THENCE SOUTH 72°18'34" EAST FOR 87.21 FEET; (5) THENCE SOUTH 69029'02" EAST FOR 102.34 FEET; (6) THENCE SOUTH 61°53'24" EAST FOR 82.52 FEET; (7) THENCE SOUTH 69°05'26" EAST FOR 94.62 FEET; (8) THENCE NORTH 80040'44" EAST FOR 46.77 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID LEASE AREA l; THENCE SOUTH 08°07'15" EAST ALONG SAID LINE FOR 288.12 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING. CONTAINING 18.6134 ACRES MORE OR LESS (INCLUDES 2.5025 ACRES MORE OR LESS OF SUBMERGED LANDS) 00-1032 "EXHIBIT B" DEVELOPMENT ORDER ATTACHMENT TO RESOLUTION NO. 00- DATE: , PARROT JUNGLE AND GARDENS PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 4, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the Parrot Jungle and Gardens Project (hereinafter referred to as the "PROJECT") to be located at 901 MacArthur Causeway on Watson Island, Miami,. Florida, see legal description in "Exhibit A", attached hereto and made a part hereof, said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Zoning Board and Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT,, as modified, and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed Project is a visitor attraction and botanical garden development to be located at 901 MacArthur Causeway on Watson Island,- Miami, Florida. The PROJECT is located on approximately 18.6 gross acres of land (more specifically described in "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as "EXHIBIT C",'and incorporated herein by reference. The proposed PROJECT will consist of 172,444 square feet of attraction uses with accessory commercial space, extensive botanical gardens and 588 parking spaces. The PROJECT will consist of a series of attraction pavilions with intermittent gardens and accessory amenity areas for such uses as restaurants and shops. The Major Use Special Permit Application for the Project has a companion application for Special Exception to allow the following: Special Exception with City Commission approval, per Article 4, Section 401 of the Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance") to allow restaurant/retail uses in the PR Zoning District; Page 2 of 8 ` � ) The Major Use Special Permit Application for the Project, as modified, also encompasses the following lower ranking Special Permit: CLASS II SPECIAL PERMIT as per Article 15, Section 1511, of the Zoning Ordinance for new construction along Biscayne Bay. Pursuant to Articles 1.3 and 17 of the Zoning Ordinance, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits referenced above. The Project, as modified, shall be constructed substantially in accordance with plans and design schematics on file prepared by Koroglu Associates - Architects. P.A., dated January 1998 AS AMENDED BY PLANS ON FILE DATED AUGUST, 2000; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Curtis & Rogers Design Studios, Inc., dated January 1998, AS AMENDED BY PLANS ON FILE DATED AUGUST, 2000; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Director of the Department of Page 3 of 8 �6� • • Planning and Zoning prior to the issuance of any building permits. The PROJECT, as modified conforms to the requirements of the PR Zoning District, as contained in the Zoning Ordinance. The existing comprehensive plan future land use designation allows the proposed mix and 'intensity of attraction and commercial uses. `CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO THE FOLLOWING: 1. Meet all applicable building codes, land development regulations., ordinances and other laws. 2. Prior to the issuance of a building permit, provide the City with a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Prior to the issuance of a building permit, record a certified copy of the development order with the Clerk of the Dade County Circuit Court specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 4. Allow the Department of Police to conduct a security survey, at the option of the. Department, and to make recommendations concerning security measures and systems; further submit a report to the Department of Planning and Zoning, prior to commencement of construction, demonstrating how the Department of Police recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate Page 4 of 8 to the Planning and Zoning Director why such recommendations are impractical. 5. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue for the review of the scope of the PROJECT,. as modified, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, egress, vehicular access and water supply. 6. Provide a letter of assurance from the Solid Waste Department that the PROJECT, as modified, has addressed all concerns of the said Department.. 7. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the .understanding that the APPLICANT must use its best efforts to follow City's Minority/Women Business Affairs and Procurement Program as a guide. 8. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the APPLICANT must use its best efforts to follow City's Minority/Women Business Affairs and Procurement Program as a guide. 9. Pursuant to the comments received by the Zoning Division, of the Department of Planning and Zoning, the applicant shall ensure that all driving lanes meet Florida Department of Transportation standards for turning radii. 10. The proposed project, as modified, shall be subject to the review and approval (with conditions, if applicable) of the Miami -Dade County Shoreline Development Review Committee. 11. Pursuant to the traffic study which was submitted by the APPLICANT as part of this approval, all proposed roadway improvements, which are necessary for access and Page 5 of 8. `.' .� circulation, shall be completed prior to the issuance of a Certificate of Occupancy for this Project. 12. The Lessee, Parrot Jungle and 'Gardens, Inc. of Watson Island, shall comply with the Lease and Development Agreement, dated September 2, 1997, with the City of Miami. THE CITY SHALL: 1. Subject to payment of all applicable fees due, establish the effective date of this Permit as being.thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, as modified, proposed by the APPLICANT; complies with the Miami Comprehensive Neighborhood Plan 1989- 2000, is consistent with the. orderly development and goals of the City of Miami, and complies with local land development regulations, and further, pursuant to Section 1703 of Zoning the Ordinance: (1) the PROJECT, as modified, will have a favorable impact on the economy of the City; and (2) the PROJECT, as modified, will efficiently use public transportation facilities; and Page 6 of 8 (3) the PROJECT, as modified, will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment;.and (4) the PROJECT, as modified, will efficiently use necessary public facilities; and (5) the PROJECT, as modified, will not negatively impact the environment and natural resources of the City; and (6) the PROJECT, as modified, will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT, as modified; and (8) any potentially adverse effects of the PROJECT, as modified, will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the PROJECT, as modified, i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally, have been Page 7 of 8 r F ��� C.- considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. Page 8 of 8_. EXHIBIT "C PROJECT_ STA*tiS*1`IC5 ZONING: PR PARKS, RECREATION AND OPEN SPACE jQr_�L_�c fL0R .EQ-UEs s CrtOuNO LEVEL R-WE$ LEVIyS cross wno, PARKING & DRIVES 117.740 Sr 116.316 SF N/A WAREHOUSING STORAGE PAC. 11.923 Sr 10.372 Si 22.495 S EDUCATIONAL ! MUSEUM FACILITY 6.837 SF 6.837 ,S EMPLOYEE t SUPPORT. PACIUTY I Loss 3P 11.698 S RESTAURANT A RETAIL 18.690 SF 18.690 S ADMINISTRATION 8.866 SF 8.866 S MEETING A BALIAOOM PACIUTY 39.994 .SF. 32.994 S PARROT BOWL AMPHITHEATER (1200 CAP.) 12.982 SP 12.982 S JUNGLE THEATER AMPHITHEATER (300 CAP.) 10.575 Sr 10.373 S. SERPENTARIUM (500 CAP.) 14.926 SF 3.939 SF 20.865 S. BARN/ ANIMAL HOUSING 3.780 SF 3.780 S: PLANT NURSERY 6.000 SF 6.000 S PICNIC PAVILIONS/ ANCILLARY BUILDINGS 7.300 SF 7sA0 S: LOTC 0 ERAGE 172.444 SF poop*C RBUILDING AREA 170.28Z Si NET LAND AREA 810.795 SF CROSS LAND AREA , 977.038 SF AS PER LEASE WITH THE CITY OF MIAMI Lor COVERAGE ALLOWED 32s.334 SF (33.3X LOT COVERAGE PROPOSED 172.444 Sr 17.6 e PARKING SPACES REQUIRED 500 SPACES PAi*IN(; SPACES PROVIDED s68 SPACES COVERED' TRAILS 1663- (20.000 SF) ' , 000 Sr) � OPE14 TRAILS 3350(43.000 SF) (I.33 MILES) SERVICE & LOADING AREA 17.383 SF ciE(14 SP•Cc i NEt LAND AREA - L ►acovou+GcnAcc - . . [•• •I 810.795 Sr - (1 72.444+63.000* 1 7,335) 2 557 ^' r • PZ-3 APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET City of Miami Planning and Zoning Department and Dr. Bern Levine of Parrot Jungle and Gardens. October 18, 2000 Consideration of a substantial modification to the Parrot Jungle and Gardens at Watson Island Major Use Special Permit, located at approximately 901 Macarthur Causeway on Watson Island. Complete legal description on file with the Hearing Boards Office. PETITION Consideration of approving a substantial modification to the Parrot Jungle and Gardens at Watson Island Major Use Special Permit, located at approximately 901 Macarthur Causeway on Watson Island in order to allow a series of modifications to the originally approved plans. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval with conditions. Please see attached analysis. PLANNING ADVISORY BOARD Approval VOTE: 5-0 CITY COMMISSION N/A APPLICATION NUMBER 2000-063 item #3 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2NO AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416A400 Date: 10/11/00 rage i u0-0 i ANALYSIS FOR AMENDMENT TO MAJOR USE SPECIAL PERMIT APPLICATION Parrot Jungle and Gardens at Watson Island CASE NO: 00-053 The requested amendment to a Major Use Special Permit application is for the purpose of allowing a series of modifications to the Parrot Jungle and Gardens project located at approximately 901 Macarthur Causeway. The original Major Use Special Permit application requested the following: A visitor attraction and botanical garden with not more than 172,444 square feet of visitor attraction space with accessory commercial space and 588 parking spaces. The requested modification involves the following: 1. Shifting of main building to the north and arranging components as necessary to accommodate a lower, two-story parking in order to provide an easier and a friendlier parking along with landscaping (large canopy type trees) on upper level instead of a plain roof and moving the ballroom facility level to over a two story portion of the building, compared to having it over the three-story parking structure. This arrangement accommodates landscaping provided in large planters that reach the ground soil and lowers the overall height of the building. The scope of work remains the same. 2. Slight shifting of park side structures, as necessary to accommodate the above. Upon review of the plans, the shifts described above require building movement more than ten feet in a horizontal direction. Pursuant to Section 2215.1 (d) of the Zoning Ordinance, these modifications are defined as substantial since "the footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction". Pursuant to Article 17, the modifications shall be reviewed in order to determine whether the changes would meet the same requirements as for the original application. In determining whether the proposed changes meet the same requirements, the Planning and Department has made the following findings: • It is found that the proposed visitor attraction project will benefit the City by creating a new attraction for residents and visitors of Miami. • It is found that the proposed modifications, while technically defined as substantial per code, are really not substantial given the scope of this project which encompasses i 00-10z 16 acres; a shift in footprint of over 10 feet horizontally is insignificant in a project of this scale. • It is found that the modifications being made at this time are refinements to the original design and will result in a project which better serves the visitors that will be attending the project. The proposed changes meet the same requirements as the original project. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Planning and Zoning Department is recommending approval of the requested modification with the following condition: 1. The approval of the modification of this Major Use Special Permit shall be subject to all of the conditions of the original development order as approved by City Commission Resolution 98-376 (attached). 2 RESOLUTION PAB -53-00 A RESOLUTION RECOMMENDING APPROVAL OF A SUBSTANTIAL MODIFICATION TO THE PARROT JUNGLE AND GARDENS AT WATSON ISLAND MAJOR USE SPECIAL PERMIT, LOCATED AT APPROXIMATELY 901 MACARTHUR CAUSEWAY ON WATSON ISLAND IN ORDER TO ALLOW A SERIES- - OF MODIFICATIONS-- TO THE ORIGINALLY APPROVED PLANS, SUBJECT TO ORIGINAL CONDITIONS AS SPECIFIED IN THE DEVELOPMENT ORDER. 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