HomeMy WebLinkAboutR-09-0199Vop City of Miami
Legislation
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Resolution: R-09-0199
File Number: 09-00141mu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/23/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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; 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 ID#: 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 09-014 by a vote of six to one (6-1),
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
welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter
set forth;
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Enactment Number: R-09-0199
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
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 spaces.
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;
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(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 Applicability Compliance
(1) Promote pedestrian interaction: Yes Yes
(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:
Yes Yes
Yes
Design Review Criteria Applicability
(1) Provide usable open space that Yes
allows for convenient and visible
pedestrian access from the public
Yes
Compliance
Yes
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sidewalk;
(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 screens Yes Yes*
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate
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;
Yes Yes
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(3) Screen parking garage structures Yes
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 Applicability
(1) Design signage appropriate for Yes
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature Yes
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize Yes
glare to adjacent properties;
(4) Provide visible signage identifying Yes
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability
(1) Preserve existing vegetation and/or Yes
geological features whenever possible.
IX) Modification of Nonconformities:
Design Review Criteria Applicability
(1) For modifications of nonconforming Yes
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
Yes*
Compliance
N/A**
N/A**
Yes*
N/A**
Compliance
N/A
Compliance
N/A
N/A
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*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
Enactment Number: R-09-0199
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 million 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, and shoreline development 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, are 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,
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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.
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), and 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:
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 the top of the
retractable roof, with 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;
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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 perARTICLE 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, 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 a referral to the 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 fences and
covered walkways. If there is any encroaching on public property, it must be approved by other city
departments;
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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 a ground breaking ceremony;
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 allowed 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 11000, 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.
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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. 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 obtaining a shell
permit.
5) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
permit resolution and development order.
6) 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.
7) 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.
8) 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.
9) Pursuant to traffic related comments received by the Planning Director, the APPLICANT
shall meet the following conditions, prior to the issuance of a T.C.O: (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
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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
parking facilities.
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 as
shown in sheets SD -1 and SD -2; (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 four (4") 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 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 the Zoning Department 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, indicatin 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 develop the interim green space, along NW 3rd Street, into usable linear park, including
additional landscaping.
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11) In order to attract and possibly accommodate a wider range of potential tenants within the
ground floor commercial spaces, the APPLICANT shall be permitted to increase the overall height
of the parking garage/retail structures up to a maximum of ten percent (10%) above the approved
height as reflected in this MUSP, without a substantial modification to this MUSP.
12) Per the Planning Advisory Board recommendation, the plaza in the Stadium shall remain
public open space.
13) 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.
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THE CITY SHALL:
Enactment Number: R-09-0199
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, pursuant to Section 1703 of the Zoning
Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will efficiently use necessary public facilities; and
(4) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(5) the PROJECT will not adversely affect public safety; and
(6) the public welfare will be served by the PROJECT; and
(7) 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.
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.
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