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HomeMy WebLinkAboutItem #1 - Miami BallparkPLANNING FACT SHEET LEGISTAR FILE ID: 09-00141mu April 1, 2009 Item # P.1 APPLICANT Pedro G. Hernandez, City Manager, on behalf of City of Miami, a Florida Municipal Corporation. REQUEST/LOCATION Consideration of a Major Use Special Permit for the Miami Ballpark project, located approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street, and 1600 NW 7th Street, Miami, Florida COMMISSION DISTRICT [Commissioner Joe Sanchez - District 3] LEGAL DESCRIPTION See supporting documentation PETITION A resolution of the Miami Planning Advisory Board recommending approval or denial of a resolution of the Miami City Commission with attachments, approving with conditions, a Major Use Special Permit pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Miami Ballpark project, to be located at approximately 1501 Northwest 3rd Street, 1350 Northwest 4th Street, 1390 and 1680 northwest 5th Street, 1380 and 1610 Northwest 6th Street, and 1600 Northwest 7th Street, Miami, Florida; in order to construct a mixed use complex including a Ballpark Stadium with retractable roof of approximately 269 feet, 0 inches a.g.l. at top, with 37,000 seats; approximately 61,678 square feet of accessory retail space; approximately 96 residential units, and 5,809 off-street parking spaces PLANNING RECOMMENDATION Approval with conditions BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION See supporting documentation VOTE: .................................................................................................................................................................................................................................................................................................................................... CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 .................................................................................................................................................................................................................................................................................................................................... Date Printed: 3/23/2009 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for Miami Ballpark located at approximately 1501 NW 3rd Street FILE ID: 09-00141mu Pursuant to ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Miami Ballpark project, to be located at approximately 1501 NW 3rd Street has been reviewed to allow a Major Use Special Permit per articles 13 and 17, to construct a mixed use project complex including a Ballpark Stadium with approximately 37,000 seats, approximately 269 feet, 0 inches A.G.L. at top of the retractable roof, approximately 61,678 square feet of Accessory Retail space, and approximately 96 Residential Units. The proposed project will provide 5,809 off-street parking spaces (4,840 in structured parking and 969 parking spaces on surface lots as interim parking). This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (2), to allow a non-residential development in excess of two hundred thousand (200,000) square feet of floor area, 1,100,956 square feet in this case; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces, 5,809 parking spaces in this case; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (6), for Recreational, cultural, or entertainment facilities involving in excess of fifteen hundred (1,500) off-street parking spaces, 5,809 parking spaces in this case; MAJOR USE SPECIAL PERMIT, as per ARTICLE 4, Section 401, Under Conditional Principal Uses of G/I Districts, to allow the development of a Major Sport Facility; The Major Use Special Permit encompasses the following Special Permits and additional Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, to allow a project designed as a single site and occupies lots divided by a street or alley; CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow modifications in setbacks up to a maximum of 50% of the required setbacks (Ordinance No.13033); 09-00141 mu Pagel of 8 CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow retail and restaurant developments serving as accessory uses or structures to Major sports facilities (Ordinance No.13033); CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Miami Off-street Parking Guides & Standards for reduction of required backup distance in driveway isles less than the required 23 feet (plans submitted are very preliminary and project must comply with all applicable parking standards prior to obtaining a building permit); CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class, to allow parking reduction of up to ten percent (10%) of the required off-street parking spaces for Major sports facilities located within one (1) mile of a Metrorail or People Mover Station or Mass transit facility (Ordinance No.13033); CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Miami Off-street Parking Guides & Standards for the required additional foot when a parking stall abuts a column, wall or any other obstruction (plans submitted are very preliminary and project must comply with all applicable parking standards prior to obtaining a building permit), CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks on public rights-of-way with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to allow driveways of width greater than 25 feet; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927. to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a commercial project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.2, G/I Government and Institutional, Temporary Signs (3) , to allow temporary development signs; 09-00141 mu Page 2 of 8 REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria. In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC), to the Planning Internal Design Review Committee, and Urban Development Review Board for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating a Major Sport Facility with additional commercial and residential opportunities in the Little Havana NET District, bounded by NW 7th Street to the north; NW 3rd Street to the South; NW 16th Avenue to the East; and NW 14th Avenue to the West. • It is found that pursuant to the Miami Comprehensive Neighborhood Plan Map, the existing Future Land Use category for the property is "Major Institutional - Public Facilities - Transportation and Utilities". • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the complex is proposed in a site with a 45.11± acres of gross lot area, and 32.12± acres of net lot area. • It is found that the project is not requesting any bonuses and it is proposing a combined floor area of 45.11± gross acre site for a total FAR of 1,100,956 sq. ft., which is below the 3,379,465 sq. ft. allowed for a FAR of 1.72 of the GLA. • It is found that the total square footage provided is comprised by approximately 61,678 square feet for Retail; approximately 86,278 square feet for Residential use; and approximately 953,000 square feet for the Ballpark. • It is found that the project is requesting a parking reduction of up to ten percent (10%) of the required off-street parking spaces for Major sports facilities located within one (1) mile of a Metrorail or People Mover Station or Mass transit facility (Ordinance No.13033); • It is found that the approximately 5,809 off-street parking spaces provided (4,840 in structured parking and 969 parking spaces on surface lots as interim parking) is above the required 5,048 of parking spaces required for the project. • It is found that Miami -Dade County Public Schools, on March 20, 2009, has conducted a public school concurrency review for this application and has determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for a Final Development order as adopted in the local Government's Educational 09-00141 mu Page 3 of 8 Element and incorporated in the Interlocal Agreement for Public School Facility Planning in Miami -Dade County. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on January 21, 2009, and recommended approval. • It is found that the maximum height of the proposed complex, approximately 269 feet 0 inches A.G.L. at top of the retractable roof, conform to the unlimited high allow by the zoning designation • It is found that the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project, stating that the assumed maximum height of 282 feet Above Mean Sea Level (AMSL) for the stadium and 69 feet AMSL for the associated parking garage structures at this location conform to the Miami International Airport (Wilcox Field) Zoning Ordinance. • It is found that the proposed open space for the project (553,747 square feet at 28.18% GLA) is above the minimum required open space (294,721 square feet at 15% GLA) for this project. • It is found that the project is expected to cost approximately $634 million ($515 million for the ballpark; $94 million for the parking garage and $25 million for public infrastructure), and to employ approximately 4,558 workers during construction (FTE - Full Time Employees); The project will also result in the creation of approximately 1,667 permanent new jobs (FTE) for building operations and will generate approximately $9.47 millions annually in tax revenues to the City (2009 dollars). • It is found that the Large Scale Development Committee reviewed the project on December 17, 2008 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. It is found that on November 25, 2008, the City of Miami Public Works Department provided a review of the project with general comments and no specific street improvements required. It is found that the proposed Miami Ballpark stadium project, as part of the complex, was reviewed by the Internal Design Review Committee of the Planning Department on January 6, 2009, and the following revised pertinent comments were made: Urban Design: 1) Identify where public transit buses will be loading and stacking. It is essential to provide convenient public transportation access that will not impede circulation around the site, understanding that a western surface lot will be used for charter buses; 2) The relocation of the recreational baseball field to a smaller site closer to the intersection of NW 17th Ave and NW 7th Street is inappropriate due to the volume of this intersection. Consider maintaining the current site for the recreational baseball field and restroom building. Architecture: 1) Please provide proposed color palettes for all fencing, railings, metalwork, site furniture, and the like. Landscape: 1) Consider an alternative tree species to the Tabebuia Caraiba. There are concerns with this type of planting due their irregular growth habit and weakness in storms; 2) All trees planted along streets or adjacent to pedestrian walkways need 09-00141 mu Page 4 of 8 to be planted at a minimum of sixteen (16') feet in height, with a three (3") inch caliber, and five (5') feet of clear trunk; 3) Staff recommends Live Oaks to have a minimum spread of eight (8') feet. It is found that the proposed Parking Garage project, as part of the Miami Ballpark complex, was reviewed by the Internal Design Review Committee of the Planning Department on January 12, 2009, and the following revised pertinent comments were made: Urban Design: 1) Continue to develop the approaches to the stadium along NW 15th Avenue. Paving materials and sidewalk treatments should be consistent with the rest of the proposal; 2) Please provide dimensions for all walkways, curb cuts, and drive aisles. Cross sections illustrating the sidewalk width and arrangement are preferred; 3) Incorporate additional enhanced crosswalks and treatments for intersections and connections outside of the stadium site to the surrounding neighborhood, such as major intersections along NW 7th Street and NW 17th Avenue; 4) The pedestrian sidewalk is encouraged to remain at a consistent height throughout the site. This is especially important across the entrance and exit driveways to the garages where there will be heavy pedestrian traffic. All vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; 5) Consider providing on street parking along NW 3rd Street as a benefit to residents and to provide additional parking for the stadium during game times. Architecture: 1) The proposed elevations and perspectives should provide an appropriate solution for the parking garage. Please update the floor plan drawings to illustrate the five bay segments and window openings. The recessed panels between these segments are necessary to break up the large massing of the garage; 2) The proposed art at the display screens in multiple colors as illustrated are appropriate. If the screens are not to be placed on the building, this fagade shall be treated identically to the others, including the textured panel insets. Additionally, verify with the Zoning Department the applicability of providing advertisements on these screens. Any proposed advertisement shall be reviewed by the Planning Department; 3) Provide material samples or precedent photographs of the screening material proposed along the ground floor of the garage facing the stadium and residential neighborhood. Metal grill works are necessary, especially at the ground floor to screen views of cars, lights and mechanical equipment. Consider other architectural treatments or landscaping; 4) Continue to develop ways to obscure views of cars, lighting, and mechanical systems within the garage. Orient lighting and other necessary systems in a way that is not easily seen from the street or neighboring properties; 5) It is essential that the lighting system for the rooftop parking level is designed in a way to minimize glare and spillover to neighboring residential properties. Indicate how this will be accomplished. Landscape: 1) Paving pattern design and materials shall be consistent between the garages and stadium, as illustrated in the December 8, 2008 Miami Ballpark Conceptual Landscape Plan. Incorporate additional treatments to the roadways, if possible, that would continue the pattern across vehicular areas; 2) Continue to develop the interim green space, along NW 3rd Street, into usable linear park. Additional landscaping is suggested. Please provide updated landscape information. It is found that the Environmental Impact Analysis conducted by WRS Compass, and submitted as part of the MUSP application concludes that: "Engineering controls are not anticipated. This will have a positive impact on the environment. WRS anticipates that this project will have a neutral effect on the wetlands, air and flora and fauna. 09-00141 mu Page 5 of 8 This project will have a positive impact on the soil, and groundwater, and surface water quality". It is found that on February 5, 2009, the City's Traffic Consultant, URS Corp., provided a review (R # 003) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient with the following commitments by the applicant: 1) Provide a stand-alone document to address Pedestrian and Bicycle Routes for Ballpark Events, identifying safe and convenient pedestrian and bicycle connections leading to and from the Ballpark, connecting off-site parking, existing or programmed greenways, transit corridors and transit stations. The Applicant shall continue to coordinate with Miami -Dade County Public Works and the City of Miami in the development and review of this stand-alone document; 2) Work with Miami - Dade Transit, Miami -Dade- County, Tri -Rail and the City of Miami to assure convenient transit services in the vicinity of the site, to extend transit service hours and to provide special transit services to accommodate post game passengers on game days; 3) Work with Miami -Dade Transit, Miami -Dade County and the City of Miami to determine the best location for transit connections serving the Ballpark; and 4) Coordinate with the City of Miami and Miami -Dade County in the preparation of a Network Simulation Analysis that will demonstrate the interactive operational effects of pre -game and post -game traffic to and from the Ballpark. Special attention will be given to vehicle queuing at critical intersections and traffic operations into and out of the Ballpark facilities. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department 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 Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or 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 in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the 09-00141 mu Page 6 of 8 Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, 7) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a 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 Major Use Special Permit. 8) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 9) If the project is to be developed in phases, 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. 10) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions for each component of the proposed complex: The Stadium (a) Provide convenient public transportation access that will not impede circulation around the site; (b) Maintain the current site for the recreational baseball field and restroom building; (c) Provide proposed color palettes for all fencing, railings, metalwork, site furniture, and the like; (d) Submit alternative tree species to the Tabebuia Caraiba; (e) All trees planted along streets or adjacent to pedestrian walkways need to be planted at a minimum of sixteen (16') feet in height, with a three (Y) inch caliper, and five (5) feet of clear trunk; the Parking Garage: (f) Submit alternatives to the approaches to the stadium along NW 15th Avenue. Paving materials and sidewalk treatments should be consistent with the rest of the proposal; (g) Provide dimensions for all walkways, curb cuts, and drive aisles, and cross sections illustrating the sidewalk width and arrangement; (h) Incorporate additional enhanced crosswalks and treatments for intersections and connections outside of the stadium site to the surrounding neighborhood, such as major intersections along NW 7th Street and NW 17th Avenue; (i) The pedestrian sidewalk is encouraged to remain at a consistent height throughout the site, especially across the entrance and exit driveways to the garages. Architecture: (j) Provide updated floor plan drawings illustrating the five bay segments and window openings for the parking garage, breaking up the large massing of the garage; (k) Any alteration to 09-00141 mu Page 7 of 8 the proposed art display screens on the building, as illustrated have to be reviewed and approved by the Planning Department; (1) Any proposed advertisement shall be verified by Office of Zoning and reviewed by the Planning Department; (m) Provide material samples or precedent photographs of the screening material proposed along the ground floor of the garage facing the stadium and residential neighborhood. Submit proposal considering other architectural treatments or landscaping; (n) Orient lighting and other necessary systems in a way that is not easily seen from the street or neighboring properties; (o) Submit alternatives to the lighting system for the rooftop parking level in a way to minimize glare and spillover to neighboring residential properties, indicating how this will be accomplished; (p) Paving pattern design and materials shall be consistent between the garages and stadium, as illustrated in the December 8, 2008 Miami Ballpark Conceptual Landscape Plan; (q) Provide a proposal to develop the interim green space, along NW 3rd Street, into usable linear park, including additional landscaping. 11) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 09-00141 mu Page 8 of 8 FUTURE LAND USE MAP ZZ z � I ONRPMQV'1 �'� �G�r L10_TFT 0 6 }p,tiSR836ON RAMP sa836 EXPY Q4 ALF J SR 836 OFF RAMP E V r "4SR, 836OFF-RAMP NW 9FH ST S Q 97H S7if 3 Z < z IA NW 8TH�TER VDH TI V, Qui 11 i HZ 3 M Z U 8FH ST 3, NW SFH STEFFFFM Z c)J 2, a Iz r ESTFOCTED COMM RCIA NW 7TH ST Z V � r � 2 z m NW 6TH ST !IIS II�11:: AND - ' ' IIII: ii IIII 11111: ii NW 1ST STS ZLL t Q Z x � NW 1ST ST Q Z x r :3 z 0150 300 600 Feet ADDRESS: 1501 NW 3 STREET, 1380 NW 6 ST, L 1390 NW 5 ST, 1350 NW 4 ST, 1600 NW 7 ST, 1610 NW 6 ST, 1680 NW 5 ST ZONING ATLAS MAP e, 836 ON R11.1 'IN sx'A a 0 III■_ m fl ■■ ■■ ► �\ � 1 111111111 1 1■ .��\ 6TH ST - 1111111: II■1!� �`�`��o 1111■1■ ■11■1 � ��a I�IIIIII II■11_ ��\,., IIIIIIII III■ ��°�MEN 00 ■: 11111 _ 11111_ — - . - ■ ■■11■ 11 ■�_ 111111= ,,pati NW 1ST ST ■ ' 'i. 1111 dlllq. �� 1■11 ■� ■= �\\ 111 ::::::� ■■1■ r ■� "111■ i �� ■ . 1 ■ 11�. ®■_■■■ ■ ■� ■ 0150 300 600 Feet ADDRESS: 1501 NW 3 STREET, 1380 NW 6 ST, L 1390 NW 5 ST, 1350 NW 4 ST, 1600 NW 7 ST, 1610 NW 6 ST, 1680 NW 5 ST 0 150 300 600 Feet ADDRESS: 1501 NW 3 STREET, 1380 NW 6 ST, 1390 NW 5 ST, 1350 NW 4 ST, 1600 NW 7 ST, 1610 NW 6 ST, 1680 NW 5 ST Projects in the Vicinity Miami Ballpark File ID #:09-00941 mu Currently there are no projects in vicinity C I T Y O F M I A M P L A N N I N G D E P A R T M E N T DESIGN REVIEW COMMENTS MAJOR USE SPECIAL PERMIT IDR 08-045 NEW FLORIDA MARLINS STADIUM SITE OF THE ORANGE BOWL NET DISTRICT: LITTLE HAVANA 01.06.2009 COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee, which consists of staff members in the Urban Design and Land Development Divisions. The City of Miami strives to achieve diverse, sustainable, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy. Urban Design • Identify where public transit buses will be loading and stacking. It is essential to provide convenient public transportation access that will not impede circulation around the site. The committee understands that a western surface lot will be used for charter buses. • The relocation of the recreational baseball field to a smaller site closer to the intersection of NW 171' Ave and NW 71b Street is inappropriate due to the volume of this intersection. Consider maintaining the current site for the recreational baseball field and restroom building. Architecture • Please provide proposed color palettes for all fencing, railings, metalwork, site furniture, and the like. Landscape • Consider an alternative tree species to the Tabebuia Caraiba. There are concerns with this type of planting due their irregular growth habit and weakness in storms. • All trees planted along streets or adjacent to pedestrian walkways need to be planted at a minimum of sixteen (16� feet in height, with a three (3") inch caliper, and five (5') feet of clear trunk. • Staff recommends Live Oaks to have a minimum spread of eight (8� feet. The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1of1 C I T Y O F M I A M P L A N N I N G D E P A R T M E N T DESIGN REVIEW COMMENTS MAJOR USE SPECIAL PERMIT IDR 08-044 ORANGE BOWL PARKING GARAGES SITE OF THE ORANGE BOWL NET DISTRICT: LITTLE HAVANA 1.12.2009 COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee, which consists of staff members in the Urban Design and Land Development Divisions. The City of Miami strives to achieve diverse, sustainable, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy. Urban Design • Continue to develop the approaches to the stadium along NW 151b Avenue. Paving materials and sidewalk treatments should be consistent with the rest of the proposal. • Please provide dimensions for all walkways, curb cuts, and drive aisles. Cross sections illustrating the sidewalk width and arrangement are preferred. • Incorporate additional enhanced crosswalks and treatments for intersections and connections outside of the stadium site to the surrounding neighborhood, such as major intersections along NW 71b Street and NW 17th Avenue. • The pedestrian sidewalk is encouraged to remain at a consistent height throughout the site. This is especially important across the entrance and exit driveways to the garages where there will be heavy pedestrian traffic. All vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. • Consider providing on street parking along NW 3,d Street as a benefit to residents and to provide additional parking for the stadium during game times. Architecture • The committee thinks the proposed elevations and perspectives provide an appropriate solution for the parking garage. Please update the floor plan drawings to illustrate the five bay segments and window openings. The committee feels the recessed panels between these segments are necessary to break up the large massing of the garage. • The committee agrees with the proposed art display screens in multiple colors as illustrated. If the screens are not to be placed on the building, this facade shall be treated identically to the others, including the textured panel insets. Additionally, verify with the Zoning Department the applicability of providing advertisements on these screens. Any proposed advertisement shall be reviewed by the Planning Department. • Provide material samples or precedent photographs of the screening material proposed along the ground floor of the garage facing the stadium and residential neighborhood. The committee generally discourages the use of metal grillwork, unless exceptional in nature. It is necessary, especially at the ground floor, to screen views of cars, lights and mechanical equipment. Consider other architectural treatments or landscaping. • Continue to develop ways to obscure views of cars, lighting, and mechanical systems within the garage. Orient lighting and other necessary systems in a way that is not easily seen from the street or neighboring properties. • It is essential that the lighting system for the rooftop parking level is designed in a way to minimize glare and spillover to neighboring residential properties. Indicate how this will be accomplished. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1 of 2 Landscape • Paving pattern design and materials shall be consistent between the garages and stadium, as illustrated in the December 8, 2008 Miami Ballpark Conceptual Landscape Plan. Incorporate additional treatments to the roadways, if possible, that would continue the pattern across vehicular areas. • Continue to develop the interim greenspace, along NW 3,d Street, into usable linear park. Additional landscaping is suggested. Please provide updated landscape information. The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 2of2 0 February 5, 2009 Ms. Lilia 1. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (I Oil Floor) Miami, Florida 33130 Re: Marlins Ball Park— MUSP (R # 003) ;Sufficiency letter Dear Ms. Medina; Via eMail and US Mail Subsequent to our January 7, 2009 review comments for the subject project, we have received a response letter and revisions to the report from Cathy Sweefapple & Associates (CS&A) dated February 5, 2008. A copy of CS&A's response letter is attached herewith. At this time, we conclude that the traffic impact report meets the traffic requirements and the study is found to be sufficient with following commitments by the applicant subsequent to and as a condition of the MUSP approval: Provide a stand-alone document to address Pedestrian and Bicycle Routes for Ballpark Events, identifying safe and convenient pedestrian and bicycle connections leading to and from the Ballpark, connecting off-site parking, existing or programmed greenways, transit corridors and transit stations. The Applicant shall continue to coordinate with Miami -Dade County Public Works and the City of Miami in the development and review of this stand-alone document. Work with Miami -Dade Transit, Miami -Dade County, Tri -Rail and the City of Miami to assure convenient transit services in the vicinity of the site, to extend transit service hours and to provide special transit services to accommodate post game passengers on game days. Work with Miami -Dade Transit, Miami -Dade County and the City of Miami to determine the best location for transit connections serving the Ballpark. Coordinate with the City of Miami and Miami -Dade County in the preparation of a Network Simulation Analysis that will demonstrate the interactive operational effects of pre -game and post -game traffic to and from the Ballpark. Special attention will be given to vehicle queuing at critical intersections and traffic operations into and out of the Ballpark parking facilities. Further, the applicant should coordinate with Miami -Dade County Traffic Signals Division to secure approval of the proposed traffic signals. Should you have any questions, please call Ms. Geysa Sosa or me at 954.739.1881. Sincerely, URS orpor io Sout �n Raj Sh nmu m, RE, Senior raffic ineer URS Corporation 3343 West Commercial Boulevard Suite loo Fort Lauderdale, FL 33309 Tel: 954.739.1881 Fax: 954.739.1789 i Attachment Co: Mr. Antonio E. Perez, Planner 11, City of Miami Planning Mr. Jose Gonzales, PE, City of Miami Ms. Cathy Sweetapple, AICP, Cathy Sweefapple & Associates CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Ana Gelabert-Sanchez, Director Planning Department Qw��W,w FROM: Stephanie N. Grindell, Director Public Works Department DATE: November 25, 2008 FILE: SUBJECT: Large Scale Development Review — Miami Ballpark (Marlins) REFERENCES: ENCLOSURES: -0 C= r C= A The Public Works Department has reviewed the Large Scale Development plans for the c: development entitled Miami Ballpark (Marlins) and has the following comments. w n N Mrn frn . 1. The platting procedure must be completed to close and vacate rights-of-way. Building permits may be obtained during the platting procedure in accordance with City Code - Section 55-10 (h).N Z C=) 2. The retractable roof support column, foundation, rail and roof must not encroach onto proposed Tract "D" (Parking Garage P-3 site). 3. "Yards" are required in G/I zoning. Verify that the residential component of parking garages P-3 and P-4 complies with visibility triangle requirements at street intersections. . - ---- - - -4.- Landscaping and decorative sidewalks extend into the right of way. -The agreement -- between the City of Miami, Miami -Dade County and Florida Marlins shall identify individual maintenance responsibilities. 5. All transitions from the established street profile grade to the building flood elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the record profile street grade can not be changed to accommodate the proposed building ground floor elevation. 6. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line. All on-site stormwater must be retained on- site in accordance with Miami -Dade Department of Environmental Resources Management requirements including driveways and plazas adjacent to the public streets. All plazas and driveways must be graded or trench drains provided to prevent "sheet flow" entering the right of way.. If deep drainage wells are selected for stormwater disposal, they must be located on-site in an open area to accommodate future maintenance access. 7. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Ana Gelabert-Sanchez, Director Planning and Zoning Department November 25, 2008 Page 3 Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of way closure request. 8. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, designated off-site parking for workers and, if necessary, a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. 9. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP permit application, please contact the Public Works Department at (305) 416- 1200 or www.dep.state.fl.us./water/stonnwater/npdes. 10. Infrastructure improvements, including street improvements, shall be in accordance with the Agreement between the City of Miami and Miami -Dade County. A thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be required at the completion of the project. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Hehners, Professional Engineer IV, at extension 1221. SNG/( cdt I(IZ5109 c: Stephanie N. Grindell, Director, Public Works Department Lourdes Slazyk, Zoning Administrator, Zoning Department Roberto Lavernia, Chief of Land Development, Planning Department. Robert Fenton, Project Manager & Senior Assistant to the City Manger. City Managers Office bc: Development and Roadway Plans Central C I T Y O F M I A M I P L A N N I N G D E P A R T M E N T URBAN DEVELOPMENT REVIEW BOARD (UDRB) 1/21/2009 Resolution for Recommendation to the Director of Planning Item No. 3: Orange.Bowl Redevelopment- Miami Ballpark A motion was made by Dean Lewis and seconded by Rudolph Moreno for a resolution recommending to the Director of the Department of Planning approval hath conditions for a Major Use Special Kermit for the project Orange Bowl Redevelopment located at 1600 NW 7`' Street with a vote of 3 to 0. Vote List: Yes No Recused Absent Todd B, Tragash, chyme ❑ ❑ ❑ N Tulip Diaz, Vice chlicman ® ❑ ❑ ❑ Robert Behar ❑ ❑ N ❑ Willy Bermello ❑ ❑ ❑ N Rollin Bosco ❑ ❑ ❑ N Carlos Jurado ❑ ❑ ' ❑ N Dean Lewis N ❑ ❑ ❑ Rudolph Moreno N ❑ ❑ ❑ Dr. Augusto Newell ❑ 11 ❑ N Ernesto Santos ❑ ❑ ❑ N Conditions: • Further articulate the parking garages with a complementary architectural style that enhances and unifies the stadium and parking structures. • Create greater variety in the articulation of parking garage's massing and ventilation openings, Notes: • Assure that the ground level paving materials and landscape are continuous and integrate the overall site design. Consider extending the landscape or patterns created onto the garage facades in some manner. Attest: Ana Ge rt -S hez, ire or Alexander Adams, UDRB Officer MR. - MIAMI INTERNATIONAL AIRPORT Commercial Airport: Miami International Airport General Aviation Airports: Dade -Collier Training &Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2nd Ave, 3rd Floor Miami, FL 33130 December 11, 2008 C-) Miami -Dade Aviation Department P.O. Box 025504 Miami, Florida 33102-5504 T 305-876-7000 F 305-876-0948 www.miami-airport.com miamidade.gov RE: Determination Number DN -08-11-091 Airspace and Land Use Analysis for the Miami Ballpark Stadium Project located at 1501 NW Yd Street, Miami, FL Folio No.: 01-4102-004-0010 Dear Mr. Lavernia: The Miami -Dade Aviation Department (MDAD) is in receipt of your Large Scale Development submission dated November 19, 2008, for an airspace/land-use zoning analysis and determination letter for the above referenced project. t Airspace Review: Our review finds that the assumed maximum height of 282 feet Above Mean Sea Level (AMSL) for the stadium and 69 feet AMSL for the associated parking garage structures at this location conform to the Miami International Airport (Wilcox Field) Zoning Ordinance, approved by the Miami -Dade County Commission on July 2007. Any proposed construction at this location reaching or exceeding 179 feet AMSL is required to be filed with the Federal Aviation Administration (FAA) using Form 7460-1 "Notice of Proposed Construction Alteration for Determination of Known Hazards." In addition, any construction cranes reaching or exceeding 179 ft AMSL must be filed by the Construction Contractor using the same form. Thus, for any structure or crane at this location reaching or exceeding 179 ft AMSL, FAA form 7460-1 must be filed. The form is available through this office or through the FAA website: https:Hoeaaa.faa.gov. This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW 520,,2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the Applicant (Sponsor) may "e -file online at https:/oeaaa.faa.gov. Our preliminary analysis, however, indicates that the stadium assumed structure 'height of 282 ft.:: AMSL may have certain impacts to •Miami International Airport's Terminal Instrument Procedures (TERPS) surfaces as follows: Z­ c,l., Cc C".'' fps Irl ..-.f Y - • MIA Runway 27 NDB Final Approach: exceeds ;by 42 - • MIA Runway 27 LNAV Final Approach: e)(ceeds.by 1'2 ft Mr. Roberto Lavernia December 11, 2008 Page 2 These impacts will require separate review by the FAA upon the developer's submittal of form 7460-1 to the FAA. Therefore this letter does not constitute approval by MDAD for construction until coordination and a "No -Hazard" determination from the FAA is obtained. Based on the above, MDAD would not object to a proposed stadium height that conforms to the Miami International Airport (Wilcox Field) Zoning Ordinance as long as: 1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and 2) FAA issues a "Determination of No Hazard" for this project and location; and, 3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location. Please note that the airspace review process is governed by two different regulations: the Code of Miami -Dade County Article XXXVII, Miami International Airport (Wilcox Field) Zoning, and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, - - - -- - - and -issues airspace determinations for structures and cranes based on the particular facts then- presented hen presented before the FAA. The County's Aviation Department or the applicable municipal building official determines whether the County's height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. It is the responsibility of the Aviation Department to administer and enforce the regulations prescribed in the Miami International Airport (Wilcox Field) Zoning Ordinance. Furthermore, please note that upon completion of this project, no Certificate of Use and Certificate of Occupancy shall be issued by a municipality or Miami -Dade County until approval is obtained by this office certifying that the structure was built no higher that the height approved by this letter. The approval shall be issued by this office after submittal by applicant of the required information as outlined in the Miami International Airport (Wilcox Field) Zoning Ordinance, Section 33-349 Airspace Approvals, Paragraph A, Subsection 2. This height determination is based, in part, on the description provided to us by you, which includes specific structure location and heights. Any changes in the tower location, layout, or height will void this determination. Any future construction or alteration, including an increase in heights requires separate notice to the FAA and MDAD. Land Use Review: Based on the available information, MDAD has determined that the referenced property is clear of any land use restrictive zones as defined in the Code of Miami -Dade County, Article XXXVII Miami International Airport (Wilcox Field) Zoning, Section 33-336. 0 Mr. Roberto Lavernia December 11, 2008 Page 3 Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080. JR/AH/cf C: Ray Baker, CMO Max Fajardo, MDAD _ Sunil Harman, MDAD Anely Herrera, MDAD Marc C. LaFerrier, DP&Z D. Holness, DP&Z Orlando Toledo, City of Miami Ana Gelabert-Sanchez, City of Miami Lourdes Slazyk, City of Miami Robert Fenton, City of Miami Antonio E. Perez, City of Miami Cesar Perez, FAA Air Traffic Ines Marrero-Priegues, Holland & Knight, LLP File Zoning >n Superintendent of Schools Alberto M. Carvalho March 20, 2009 City of Miami 1501 NW 3`d Street Miami, FL 33125 RE: PUBLIC SCHOOL CONCURRENCY DETERMINATION MIAMI BALL PARK Dear Applicant: Miami -Dade County School Board Dr. Solomon C. Stinson, Chair Dr. Marta P6rez, Vice Chair Agustin J. Barrera Renier Diaz de la Portilla Dr. Lawrence S. Feldman Perla Tabares Hantman Dr. Wilbert "Tee" Holloway Dr. Martin Karp Ana Rivas Logan Pursuant to State Statutes and the 2008 Amended and Restated Interlocal Agreement for Public School Facility Planning, the above -referenced residential development application was reviewed for compliance with Public School Concurrency. Accordingly, attached please find the School District's Concurrency Determination Analysis. As you will note, the applicable Level of Service (LOS) standards of 100% Florida Inventory of School Housing (FISH) have been met at the three school levels and as such, capacity has been reserved for a one year period, under Master Concurrency Number MA0109012300077. The reservation term will expire on March 20, 2010 and may be extended for a maximum of five (5) one-year intervals, for a total school concurrency reservation period of six years. Extensions may be requested 120 days prior to the expiration date, via email address concurrency @dadeschools.net. Extensions will be granted, upon payment of the corresponding review fee and acknowledgement from the local government. However, the reservation period may not exceed the term of the development approval issued by the City of Miami. Should you have any questions, please feel free to contact me at 305-995-4501. IMR:mo L384 Attachments cc: Ms. Ana Rijo-Conde, AICP Mr. Fernando Albuerne Ms. Vivian G. Villaamil Local Government School Concurrency Master File Facilities Planning Ana Rijo-Conde, AICP, Planning Officer • 1450 N.E. 2 Ave. • Suite 525 • Miami, FL 33132 305-995-7285 • (FAX) • 305-995-4760 o arijo@dadeschools.net Concurrency Management System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System School Concurrency Determination MDCPS Application Number: SP0109012300077 Local Government (LG): Miami Date Application Received: 1/23/2009 10:48:53 AM LG Application Number: 09-00141MU Type of Application: Site Plan Applicant's Name: Miami Ballpark Address/Location: 1501 NW 3 Street Master Folio Number: 0141020040010 Additional Folio Number(s): PROPOSED # OF UNITS 96 SINGLE-FAMILY DETACHED UNITS: Q SINGLE-FAMILY ATTACHED UNITS: Q MULTIFAMILY UNITS: 96 CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Id Capacity Required Taken Met Type 4681 RIVERSIDE ELEMENTARY 48 11 11 YES Current CSA 6361 JOSE DE DIEGO MIDDLE 189 5 5 YES Current CSA 7791 BOOKER T WASHINGTON SENIOR I 771 7 7 YES Current HIGH CSA ADJACENT SERVICE AREA SCHOOLS *An Impact reduction of 11.84% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a public school concurrency review for this application and has determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for a Final Development order as adopted in the local Government's Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning in Miami -Dade Countv. Master Total Concurrency MA0109012300077 Number 96 Number: of Units: Issue Date: 3/20/200926;.35 PM Capacity Elementary:11 / Middle:5 / Senior: 7 Reserved: Expiration 031210 1 :02.5 / Date: CPS Administ ator MDCPS Aut orized Signature 1450 NE 2 Avenue, Room 525, Miami, Florida 53132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net . WAIVER REQUEST FROM PUBLIC SCHOOL CONCURRENCY ' ° &World B REVIEW FEES Waiver request fees will be granted upon meeting the following conditions: 1. Local government is the applicant 2. Local Government is the owner of the land associated with the application 3. Submit Waiver Request Form for each application 4. The exemption request must be pre -approved by the District via conc ru rency(c)-dadeschools.net, prior to submitting application through the concurrency management system Application Information Local Government: City of Miami Application Name: Miami Ball Park (Marlins) Address: 1501 ;:NW 3rd Street Folio Number (s): 01-4.102-004-0010 Land Owner of Record: City of Miami Type of Application: Major Use Special Permit (MUSP ) Number of Residential Units: 96 Authorized Administrator Signature: (Print your name and title) M-DCPS Use Only Authorized M-DCPS Authorized Administrator Signature: (Print your name and title) -c> azz A, /,36 Date: Explain: eNT TY Unauthorized "q ad -K_ Date: Facilities Planning Ana Rio -Conde, AICP, Planning Officer • School Board Administration Building 9450 N.E 2nd Ave. • Suite 525• Miami, FL 33132 305-995-7285.305-995-4760 (FAX) - arljo@dadeschools.net File Number: 09-00141mu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION TO THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 170F ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI BALLPARK PROJECT, TO BE LOCATED AT APPROXIMATELY 1501 NORTHWEST 3RD STREET, 1350 NORTHWEST 4TH STREET, 1390 AND 1680 NORTHWEST 5TH STREET, 1380 AND 1610 NORTHWEST 6TH STREET, AND 1600 NORTHWEST 7TH STREET, MIAMI, FLORIDA; IN ORDER TO CONSTRUCT A MIXED USE COMPLEX INCLUDING A BALLPARK STADIUM WITH RETRACTABLE ROOF OF APPROXIMATELY 269 FEET, 0 INCHES A.G.L. AT TOP, WITH 37,000 SEATS; APPROXIMATELY 61,678 SQUARE FEET OF ACCESORY RETAIL SPACE; APPROXIMATELY 96 RESIDENTIAL UNITS, AND 5,809 OFF-STREET PARKING SPACES; 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 February 6, 2009, Pedro G. Hernandez, City Manager, on behalf of City of Miami, a Florida Municipal Corporation (referred to as "APPLICANT'), submitted a complete Application for Major Use Special Permit for the Miami Ballpark (File I D#: 09-00141 mu) (referred to as "PROJECT') pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street and 1600 NW 7th Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on December 17, 2008, to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on January 21, 2009, to consider the proposed project and recommended approval; and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 1, 2009, following an advertised public hearing, adopted Resolution No. PAB-*-* by a vote of - to - (-), item No. P.1, recommending approval with conditions of the Major Use Special Permit Development Order as set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general City of Miami Page I of 12 Printed On: 312312009 City of Miami _ P� r *.._>. ° ° - {fir Legislation f A I PAB Resolution File Number: 09-00141mu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION TO THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 170F ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI BALLPARK PROJECT, TO BE LOCATED AT APPROXIMATELY 1501 NORTHWEST 3RD STREET, 1350 NORTHWEST 4TH STREET, 1390 AND 1680 NORTHWEST 5TH STREET, 1380 AND 1610 NORTHWEST 6TH STREET, AND 1600 NORTHWEST 7TH STREET, MIAMI, FLORIDA; IN ORDER TO CONSTRUCT A MIXED USE COMPLEX INCLUDING A BALLPARK STADIUM WITH RETRACTABLE ROOF OF APPROXIMATELY 269 FEET, 0 INCHES A.G.L. AT TOP, WITH 37,000 SEATS; APPROXIMATELY 61,678 SQUARE FEET OF ACCESORY RETAIL SPACE; APPROXIMATELY 96 RESIDENTIAL UNITS, AND 5,809 OFF-STREET PARKING SPACES; 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 February 6, 2009, Pedro G. Hernandez, City Manager, on behalf of City of Miami, a Florida Municipal Corporation (referred to as "APPLICANT'), submitted a complete Application for Major Use Special Permit for the Miami Ballpark (File I D#: 09-00141 mu) (referred to as "PROJECT') pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street and 1600 NW 7th Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on December 17, 2008, to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on January 21, 2009, to consider the proposed project and recommended approval; and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 1, 2009, following an advertised public hearing, adopted Resolution No. PAB-*-* by a vote of - to - (-), item No. P.1, recommending approval with conditions of the Major Use Special Permit Development Order as set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general City of Miami Page I of 12 Printed On: 312312009 File Number: 09-00141mu welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Articles 13 and 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street, and 1600 NW 7th Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of a mixed use complex including a ballpark stadium of 37,000 seats, an approximate 269 feet, 0 inches A.G.L. at top of the retractable roof, approximately 61,678 square feet of accessory retail space, approximately 96 residential units, and approximately 5,809 off-street parking space. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed G/I (Government and Institutional) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE 1) Site and Urban Planning: Design Review Criteria Applicability Compliance (1) Respond to the physical contextual Yes Yes environment taking into consideration urban form and natural features; (2) Siting should minimize the impact Yes Yes of automobile parking and driveways on the pedestrian environment and adjacent properties; City of Miami page 2 of 12 Printed On: 3/23/2009 File Number: 09-00141mu (3) Buildings on corner lots should Yes Yes be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be designed to Yes Yes* comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes context; (3) Create a transition in bulk and Yes Yes scale; (4) Use architectural styles and details Yes Yes (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes Yes vertically and horizontally in intervals that conform to the existing structures in the vicinity III) Pedestrian Oriented Development: Design Review Criteria (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: Design Review Criteria (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Applicability Compliance Yes Yes Yes Yes Yes Yes Applicability Compliance Yes Yes City of Miami Page 3 of 12 Printed On: 312312009 File Number: 09-00141mu (2) Landscaping, including plant Yes Yes* material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes Yes vehicular safety to minimize conflict points; (2) Minimize the number and width Yes Yes* of driveways and curb cuts; (3) Parking adjacent to a street front Yes Yes should be minimized and where possible should be located behind the building; (4) Use surface parking areas as Yes Yes district buffer VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes Yes* undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes Yes service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage structures Yes Yes* City of Miami Page 4 of 12 Printed On: 312312009 File Number: 09-00141mu with program uses. Where program uses are not feasible, soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: Design Review Criteria (1) Design signage appropriate for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize glare to adjacent properties; (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: Design Review Criteria (1) Preserve existing vegetation and/or geological features whenever possible. IX) Modification of Non conformities: Design Review Criteria (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure. Applicability Yes Yes Yes Yes Applicability Yes Applicability Yes Yes *Compliance is subject to conditions. **Not applicable at this time, subject to review and approval. Compliance N/A** N/A** Yes* N/A** Compliance N/A Compliance N/A N/A City of Miami Page 5 of 12 Printed On: 312312009 File Number: 09-00141mu These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $ 634 million, and to employ approximately 4,558 workers during construction (FTE -Full Time Employees); the PROJECT will also result in the creation of approximately 1,667 permanent new jobs (FTE) and will generate approximately $ 9.47 millions annually in tax revenues to the City (2009 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will efficiently use necessary public facilities; (5) the PROJECT will not negatively impact the environment and natural resources of the City; (6) the PROJECT will not adversely affect living conditions in the neighborhood; (7) the PROJECT will not adversely affect public safety; (8) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (9) any potentially adverse effects of the PROJECT 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. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on February 6, 2009 and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to keep a copy of this Resolution and attachment as the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order 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 which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. City of Miami Page 6 of 12 Printed On: 312312009 File Number: 09-00141mu Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the Miami Ballpark (09-00141 mu), (hereinafter referred to as the "PROJECT") to be located at approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street and 1600 NW 7th Street, Miami, Florida (see legal descriptions on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the 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, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street and 1600 NW 7th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 45.11± acres and a net lot area of approximately 39.12± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be a mixed use project complex including a Ballpark Stadium with approximately 37,000 seats, approximately 269 feet, 0 inches A.G.L. at top of the retractable roof, approximately 61,678 square feet of Accessory Retail space, approximately 96 Residential Units, and approximately 5,809 off-street parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (2), to allow a non-residential development involving in excess of two hundred thousand (200,000) square feet of floor area, 1,100,956 square feet in this case; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces, 5,809 parking spaces in this case; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (6), for City of Miami Page 7 of 12 Printed On: 312312009 File Number: 09-00141mu Recreational, cultural, or entertainment facilities involving in excess of fifteen hundred (1,500) off-street parking spaces, 5,809 parking spaces in this case; MAJOR USE SPECIAL PERMIT, as per ARTICLE 4, Section 401, Under Conditional Principal Uses of G/I Districts, to allow the development of a Major Sport Facility; The Major Use Special Permit encompasses the following Special Permits and additional Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, to allow a project designed as a single site and occupies lots divided by a street or alley; CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow modifications in setbacks up to a maximum of 50% of the required setbacks (Ordinance No. 13033); CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow retail and restaurant developments serving as accessory uses or structures to Major sports facilities (Ordinance No.13033); CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Miami Off-street Parking Guides & Standards for reduction of required backup distance in driveway isles less than the required 23 feet (plans submitted are very preliminary and project must comply with all applicable parking standards prior to obtaining a building permit); CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class, to allow parking reduction of up to ten percent (10%) of the required off-street parking spaces for Major sports facilities located within one (1) mile of a Metrorail or People Mover station or mass transit facility (Ordinance No.13033); CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Miami Off-street Parking Guides & Standards for the required additional foot when a parking stall abuts a column, wall or any other obstruction (plans submitted are very preliminary and project must comply with all applicable parking standards prior to obtaining a building permit); CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks on public rights-of-way with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to allow driveways of width greater than 25 feet; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as a construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special event such as ground breaking ceremonies; City of Miami Page 8 of 12 Printed On: 312312009 File Number: 09-00141mu CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a commercial project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices, such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.2, G/I Government and Institutional, Temporary Signs (3), to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria. Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics and landscape plans on file prepared by HOK - SVE, CIVICA, Timothy Haahs and Associates, Inc., and Rosenberg Gardner Design, dated February 2, 2009; 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 Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the G/I (Government and Institutional) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The Comprehensive Plan Future Land Use Map designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department 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 Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or 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 City of Miami Page 9 of 12 Printed On: 312312009 File Number: 09-00141mu Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to obtaining a shell permit. noise management plan with an enforcement 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. plan. Failure to comply may lead to a suspension or revocation of this 6) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, 7) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a 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 Major Use Special Permit. 8) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 9) If the project is to be developed in phases, 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. 10) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions for each component of the proposed complex: The stadium: (a) Provide convenient public transportation access that will not impede circulation around the site; (b) Maintain the current site for the recreational baseball field and restroom building; (c) Provide proposed color palettes for all fencing, railings, metalwork, site furniture, and the like; (d) Submit alternative tree species to the Tabebuia Caraiba; (e) All trees planted along streets or adjacent to pedestrian walkways need to be planted at a minimum of sixteen (16') feet in height, with a three (Y) inch caliper, and five (5) feet of clear trunk. The parking garage: (f) Submit alternatives to the approaches to the stadium along NW 15th Avenue. Paving materials and sidewalk treatments should be consistent with the rest of the proposal; (g) Provide dimensions for all walkways, curb cuts, and drive aisles, and cross sections illustrating the sidewalk width and arrangement; (h) City of Miami Page 10 of 22 Printed On: 312312009 File Number: 09-00141mu Incorporate additional enhanced crosswalks and treatments for intersections and connections outside of the stadium site to the surrounding neighborhood, such as major intersections along NW 7th Street and NW 17th Avenue; (i) The pedestrian sidewalk is encouraged to remain at a consistent height throughout the site, especially across the entrance and exit driveways to the garages. Architecture: 0) Provide updated floor plan drawings illustrating the five bay segments and window openings for the parking garage, breaking up the large massing of the garage; (k) Any alteration to the proposed art display screens on the building, as illustrated have to be reviewed and approved by the Planning Department; (1) Any proposed advertisement shall be verified by Office of Zoning and reviewed by the Planning Department; (m) Provide material samples or precedent photographs of the screening material proposed along the ground floor of the garage facing the stadium and residential neighborhood. Submit proposal considering other architectural treatments or landscaping; (n) Orient lighting and other necessary systems in a way that is not easily seen from the street or neighboring properties; (o) Submit alternatives to the lighting system for the rooftop parking level in a way to minimize glare and spillover to neighboring residential properties, indicating how this will be accomplished; (p) Paving pattern design and materials shall be consistent between the garages and stadium, as illustrated in the December 8, 2008, Miami Ballpark Conceptual Landscape Plan; (q) Provide a proposal to develop the interim green space, along NW 3rd Street, into usable linear park, including additional landscaping. 11) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended; 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 the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the conomy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact th environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT 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. City of Miami Page 11 of 12 Printed On: 312312009 File Number: 09-00141mu Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar 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. City of Miami Page 12 of 12 Printed On: 312312009 EXHIBIT 'W' LEGAL DESCRIPTION: Tract A, New Orange Bowl Subdivision, according to the Plat thereof as recorded in Plat Book 153, Page(s) 72, Public Records of Miami -Dade County, Florida. AND Lots 1 through 6 (less the north 50 feet) and Lots 11 through 20, Block 37, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 5, 6, 7, 8 and the North 100 feet of Lots 9 and 10, Block 49, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 1 through 3 and Lots 16 thru 18, Block 36, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 3 and 4, Block 34, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 9-12, Block 42, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Poge(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 1 through 108, Revision of Montroy Subdivision, according to the Plat thereof as recorded in Plat book 8, Page(s) 1, Public Records of Miami -Dade County, Florida. AND Lots 5 thru 10 (less the North 50 feet) and Lots 11 through 20, Block 38, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Poge(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 1 through 18, LESS Right of Way for NW 17th Avenue, Block 45, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Poge(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 8 through 13, Block 39, Lawrence Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 1 thru 4 (less the North 10 feet), Lots 5, 6, 13 and 14 (LESS Right of Way for NW 17th Avenue) and all Lots 15 thru '18, Block 35, Lawrence, Estate Land Co's Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND A portion of N.W. 4th Street, N.W. 5th Street and N.W. 15th Avenue, said Streets and Avenues lying and being in Section 2, Township 54 South, Range 41 East, City of Miami, the County of Miami -Dade, Florida, and being more particularly described as follows: Begin at the Southeast corner of Block 38 of LAWRENCE ESTATE LAND CO'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2 at Page 46 of the Public Records of said Miami -Dade County, Florida; thence South 87'42'10" West along the South line of said Block 38, also being the North right-of-way line of said N.W. 5th Street for 499.96 feet to the Southwest corner of said Block 38; thence North 01'46'21" West along the West line of said Block 38, also being the East right-of-way line of said N.W. 15th Avenue for 250.00 feet to the South line of Tract A of NEW ORANGE BOWL SUBDIVISION, according to the plat thereof, as recorded in Plat Book 153 at Page 72 of said Public Records of Miami -Dade County, Florida; thence South 87'42'04" West along said South line of Tract A for 50.00 feet; thence South 01'46'21" East along the East line of Block 37 of said LAWRENCE ESTATE LAND CO'S SUBDIVISION, also being the West right-of-way line of said N.W. 15th Avenue for. 250.00 feet to the Southeast corner of said Block 37; thence South 87'42'10" West along the South line of said Block 37, also being the North right-of-way line of said N.W. 5th Street, for 500.15 feet to the Southwest corner of said Block 37; thence South 01'46'36" East, along the East right-of-way line of N.W. 16th Avenue for 74.78 feet to a point of cusp being on the West line of Lot 22 of REVISION OF MONTRAY, according to the plat thereof, as recorded in Plat Book 8 at Page 1 of said Public Records of Miami -Dade County, Florida; thence Northeasterly along EXH I BIT "A" LEGAL DESCRIPTION (Cont.): a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'46" for an arc distance of 39.04 feet to a point of tangency; thence North 87'42'10" East along the North line of Lots 13, 16, 17, 18, 19, 20, 21 and 22 of said REVISION OF MONTRAY, also being the South right—of—way line of said N.W. 5th Street, for 450.14 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 90'31'29" for an arc distance of 39.50 feet to a point of tangency; thence South 01'46'21" East, along the East line of Lots 13, 14, 15, 40, 41 and 42, of said REVISION OF MONTRAY, also being the West right—of—way line of said N.W. 15th Avenue, for 250.01 feet to a point of curvature; these Southwesterly along a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'32" for on arc distance of 39.04 feet to a point of tangency; thence South 87'42'11" West along the South line of Lots 42, 39, 38, 37, 36, 35, 34 and 33 of said REVISION OF MONTRAY, also being the North right—of—way line of said N.W. 4th Street, for 450.12 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve, leading to the right, through a central angle of 90'31'13" for on arc distance of 39.50 feet to a point of cusp being on the West line of Lot 32 of said REVISION OF MONTRAY; thence South 01'46'36" East, along the East right—of—way line of said N.W. 16th Avenue for 100.00 feet to a point of cusp, being on the West line of Lot 76 of said REVISION OF MONTRAY; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'47" for an arc distance of 39.04 feet to a point of tangency; thence North 87'42'11" East, along the North line of said Lot 76 and the North line of Lots 75, 74, 73, 72, 71, 70 and 67, of said REVISION OF MONTRAY, also being the South right—of—way line of said N.W. 4th Street, for 450.11 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 90'31'28" for an arc distance of 39.50 feet to a point of tangency; thence South 01°46'21" East, along the East line of Lots 67, 68, 69, 94, 95 and 96 of said REVISION OF MONTRAY, also being the West right—of—way line of said N.W. 15th Avenue, for 249.99 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'38" for an arc distance of 39.04 feet to a point of cusp, being on the South line of said Lot 96; thence North 87'42'17" East, along the North right—of—way line of N.W. 3rd Street for 100.00 feet to a point of cusp being on the South line of Lot 97 of said REVISION OF MONTRAY; thence Northwesterly along a 25.00 foot radius curve, leading to the right, through a central angle of 90'31'22" for an arc distance of 39.50 feet to a point of tangency; thence North 01'46'21" West along the West line of said Lot 97 and Lots 98, 99, 64, 65 and 66 of said REVISION OF MONTRAY, also being the East right—of—way line of said N.W. 15th Avenue, for 249.99 feet to a point of curvature; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'32", for an arc distance of 39.04 feet to a point of tangency; thence North 87'42'11" East along the North line of said Lot 66 and Lots 63, 62, 61, 60, 59, 58 and 55, also being the South right—of—way line of said N.W. 4th Street for a distance of 449.98 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 90'31'20" for an arc distance of 39.50 feet to a point of cusp, being a point on the East line of said Lot 55; thence North 01'46'29" West along the West right—of—way line of N.W. 14th Avenue for 100.00 feet to a point of cusp, being on the East line of Lot 54 of said REVISION OF MONTRAY; thence Southwesterly along a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'40", for an arc distance of 39.04 feet to a point of tangency; thence South 87'42'11" West along the South line of said Lot 54 and Lots 51, 50, 49, 48, 47, 46 and 45 of said REVISION OF MONTRAY, also being the North right—of—way line of said N.W. 4th Street, for 449.97 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve, leading to the right, through a central angle of 90'31'28", for an arc distance of 39.50 feet to a point of tangency; thence North 01'46'21" West, along the West line of said Lot 45 and Lots 44, 43, 10, 11 and 12 of said REVISION OF MONTRAY, also being the East right—of—way line of said N_W. 15th Avenue, for 250.01 feet to a point of curvature; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 89'28'31", for an arc distance of 39.04 feet to a point of tangency; thence North 87'42'10" East along the North line of said Lot 12 and Lots 9, 8, 7, 6, 5, 4 and 1 of said REVISION OF MONTRAY, also being the South right—of—way line of said N.W. 5th Street, for 449.96 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the right, through a central .angle of 90'31'21" for an arc distance of 39.50 feet to a point of cusp, being on the East line of said Lot 1; thence North 01'46'29" West along the West right—of—way line of said N.W. 14th Avenue for 75.23 feet to the Point of Beginning. EXHIBIT �B� ZONING INFORMATION SUMMARY (CITY OF MIAMI) ZONING DISTRICT: G/I TOTAL NET LOT AREA: 1,704,152 S.F. (39.12 ACRE) TOTAL GROSS LOT AREA: 1,964,805 S.F. (45.11 ACRE) FOOTPRINT MAX ALLOWED 40% X GROSS AREA: 785,922 S.F. EXISTING (IF APPLICABLE): N/A PROPOSED NEW CONSTRUCTION FOOTPRINT: 330,864 S.F. (Ballpark) 359,595 S.F. (Garages) 22,160 S.F. (Residential) ADDITION TO BE LEGALIZED (IF APPLICABLE): N/A TOTAL FOOTPRINT PROPOSED: 712,619 S.F. (36.27%) F.A.R. MAX ALLOWED 172% X GROSS LOT AREA: 3,379,465 S.F. EXISTING (IF APPLICABLE): N/A PROPOSED: 61,678 S.F. (Retail) + 86,278 S.F (Residential) + 953,000 S.F. (Ballpark) TOTAL: 1,100,956 S.F. (56.03%) OPEN SPACE MIN REQUIRED 15% X GROSS AREA: 294,721 S.F. TOTAL PROPOSED: 553,747 S.F. (28.18 %) NUMBER OF TREES REQUIRED: SEE LANDSCAPE PLANS NUMBER OF TREES PROPOSED: SEE LANDSCAPE PLANS LINEAR FEET TOTAL OF HEDGES: SEE LANDSCAPE PLANS SPECIES, HEIGHT, SPREAD, AND DIAMETER OF ALL EXISTING AND PROPOSED TREES AND HEDGES: SEE LANDSCAPE PLANTING SCHEDULE PARKING REQUIRED 1 BALLPARK: 4,757 'RETAIL: 185 3RESIDENTIAL: 106 TOTAL: 5,048 spaces required TOTAL PROVIDED: SURFACE LOTS: 969 STRUCTURED PRKG: 4,744 + 96 (reserved) = 4,840 TOTAL: 5,809 spaces provided Accessible Spaces required: 114 (93 + 21 vans) Accessible Spaces provided: 114 1 BALLPARK: 37,000 Seats/7 - (10% Mass Transit Proximity Reduction) =. 5,286 - (529) = 4,757 spaces 2 RETAIL: (61,678/300) - (10% Mass Transit Proximity Reduction) = 206 - (21) = 185 spaces 3 RESIDENTIAL: (1/unit + 1/10 units for visitors) = (96 +9.6) = 106 spaces TOTAL: 5,048 spaces I� EXHIBIT "B" SETBACKS ALLOWABLE TRACT "A" TRACT "B" TRACT "C" TRACT "D" FRONT 10'-0" 12'-9" (NW 7th ST.) 399' 318' 1,104'-0" (NW 7th ST.) REAR 10'-0" 1,059'-0" (NW 3RD ST.) 353' 263' 25'-6" (NW 3rd ST. to Garage) 10'-0" (NW 3rd ST. to Residential) STREET SIDE 10'-0" 56'-1" (NW 16th AVE.) 89' 203' 15'-0" (NW 16th AVE.) STREET SIDE 10'-0" 47'-1" (NW 14th AVE.) 757' 56' 15'-0" (NW 14th AVE.) HEIGHT UNLIMITED 63'-0" *269' * 269' 69'-0" *276' To Lightning Protection Mast. TAG DESCRIPTION FOLIO # NET (S.F.) GROSS (S.F.) LOT COVERAGE (S.F.) (Footprint) OPEN SPACE (S.F.) TRACT "A" NORTH GARAGE 0141020040010 305,717 347,644 P1 - 81,152 P2 - 108,643 68,150 TRACT "B" PLAZA 0141020040010 116,546 135,427 1,028 TRACT "C" BALLPARK 0141020040010 622,892 638,046 329,836 408,547 TRACT "D" SOUTH GARAGE 0141020040010 310,097 356,464 P3 - 84,900 P4 - 84,900 RES- 22,160 77,050 W1 WEST LOT 1 0141020055730 68,900 109,830 - _ W2 WEST LOT 2 0141020055810 45,000 61,175 W3 WEST LOT 3 0141020056850 120,000 160,627 E1 EAST LOT 1 0141020056080 45,000 61,234 E2 EAST LOT 2 0141020056730 30,000 43,742 - E3 EAST LOT 3 0141020057160 40,000 50,616 - - TOTAL 1,704,152 1,964,805 712,619 553,747