HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 09-00141 mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE
PREVIOUSLY APPROVED MIAMI BALLPARK MAJOR USE SPECIAL PERMIT,
PURSUANT TO ARTICLES 13,17 AND 22 OF ZONING ORDINANCE NO. 11000,
AS AMENDED, 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; TO MODIFY THE MAJOR USE SPECIAL PERMIT
APPROVED BY RESOLUTION NO, 09-0199, ADOPTED APRIL 23, 2009, AS
FOLLOWS: 1) TO REDUCE THE ACCESSORY RETAIL SPACE OF THE
PARKING GARAGE ALONG NORTHWEST 7TH STREET FROM
APPROXIMATELY 61,678 SQUARE FEET TO 53,629 SQUARE FEET; 2) TO
PROVIDE 5,735 OFF-STREET PARKING SPACES (4,831 PARKING SPACES IN
THE PARKING STRUCTURE AND 905 PARKING SPACES ON SURFACE LOTS
AS INTERIM SPACES), INSTEAD OF THE 5,809 OFF-STREET PARKING
SPACES; 3) TO INCREASE IN HEIGHT THE PARKING GARAGE STRUCTURE
ON TRACT "A" FROM 47 FEET, ZERO (0) INCHES, TO 63 FEET, ONE (1) INCH
AND TO INCREASE IN HEIGHT THE PARKING GARAGE STRUCTURE ON
TRACT "D" FROM 54 FEET, ZERO (0) INCHES, TO 73 FEET, 10 INCHES; 4) TO
ALLOW A SIXTY PERCENT (60%) ROOF STRUCTURE COVERAGE WITH
PHOTOVOLTAIC ARRAY SYSTEMS; 5) TO ALLOW A CITY OF MIAMI
COMMUNICATION ANTENNA TOWER 30 TO 45 FEET HIGH, MOUNTED ON THE
ROOF TOP OF ONE OF THE GARAGE BUILDINGS, SUBJECT TO THE
REQUIREMENTS AND LIMITATIONS OF THE ZONING ORDINANCE, OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED; AND 6) TO ALLOW EDUCATIONAL
USES FOR THE GARAGE LINERS AS AN ALTERNATIVE USE, OR TO OFFER
MIXED-USE GARAGE LINERS WITH THE APPROVED RESIDENTIAL USES,
PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 22, 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 a Substantial Modification of a Major Use Special Permit for the Miami Ballpark (File
ID#: 09-00141 mm) approved pursuant to Resolution No. 09-0199, adopted April 23, 2009 (referred to
as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended ("Zoning Ordinance"), for the properties 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, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the PROJECT requires the issuance of a Major Modification of a
Major Use Special Permit pursuant to Articles 13, 17 and 22 of the Zoning Ordinance; and
City of Miami Page I o/' 11 Printed On: 2/1/2010
City of Miami
Legislation
Resolution
File Number: 09-00141 mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE
PREVIOUSLY APPROVED MIAMI BALLPARK MAJOR USE SPECIAL PERMIT,
PURSUANT TO ARTICLES 13,17 AND 22 OF ZONING ORDINANCE NO. 11000,
AS AMENDED, 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; TO MODIFY THE MAJOR USE SPECIAL PERMIT
APPROVED BY RESOLUTION NO, 09-0199, ADOPTED APRIL 23, 2009, AS
FOLLOWS: 1) TO REDUCE THE ACCESSORY RETAIL SPACE OF THE
PARKING GARAGE ALONG NORTHWEST 7TH STREET FROM
APPROXIMATELY 61,678 SQUARE FEET TO 53,629 SQUARE FEET; 2) TO
PROVIDE 5,735 OFF-STREET PARKING SPACES (4,831 PARKING SPACES IN
THE PARKING STRUCTURE AND 905 PARKING SPACES ON SURFACE LOTS
AS INTERIM SPACES), INSTEAD OF THE 5,809 OFF-STREET PARKING
SPACES; 3) TO INCREASE IN HEIGHT THE PARKING GARAGE STRUCTURE
ON TRACT "A" FROM 47 FEET, ZERO (0) INCHES, TO 63 FEET, ONE (1) INCH
AND TO INCREASE IN HEIGHT THE PARKING GARAGE STRUCTURE ON
TRACT "D" FROM 54 FEET, ZERO (0) INCHES, TO 73 FEET, 10 INCHES; 4) TO
ALLOW A SIXTY PERCENT (60%) ROOF STRUCTURE COVERAGE WITH
PHOTOVOLTAIC ARRAY SYSTEMS; 5) TO ALLOW A CITY OF MIAMI
COMMUNICATION ANTENNA TOWER 30 TO 45 FEET HIGH, MOUNTED ON THE
ROOF TOP OF ONE OF THE GARAGE BUILDINGS, SUBJECT TO THE
REQUIREMENTS AND LIMITATIONS OF THE ZONING ORDINANCE, OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED; AND 6) TO ALLOW EDUCATIONAL
USES FOR THE GARAGE LINERS AS AN ALTERNATIVE USE, OR TO OFFER
MIXED-USE GARAGE LINERS WITH THE APPROVED RESIDENTIAL USES,
PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 22, 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 a Substantial Modification of a Major Use Special Permit for the Miami Ballpark (File
ID#: 09-00141 mm) approved pursuant to Resolution No. 09-0199, adopted April 23, 2009 (referred to
as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended ("Zoning Ordinance"), for the properties 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, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the PROJECT requires the issuance of a Major Modification of a
Major Use Special Permit pursuant to Articles 13, 17 and 22 of the Zoning Ordinance; and
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File Number: 09-00141mm
WHEREAS, the Miami Planning Advisory Board, at its meeting on January 20, 2010,
following an advertised public hearing, adopted Resolution No. PAB-10-001 by a vote of seven to
zero (7-0), item No. P.1, recommending approval with conditions to the Substantial Modification of a
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 ("City") to issue a Substantial Modification of a MUSP Development Order
as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. A Substantial Modification of a MUSP Development Order, incorporated herein,
is approved subject to the conditions specified in the Development Order, per Articles 13, 17, and
22 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, 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, more
particularly described on "Exhibit A," attached and incorporated.
Section 3. The Substantial Modification of a MUSP is approved to modify the PROJECT to:
1) reduce the accessory retail space of the parking garage along Northwest 7 Street from
approximately 61,678 square feet to 53,629 square feet, 2) provide 5,735 off-street parking spaces
(4,831 in structured parking and 905 parking spaces on surface lots as interim spaces), instead of
the 5,809 off-street parking spaces approved under Resolution No. 09-0199, 3) increase the
parking garage structure on track "A" from 47 feet, zero (0) inches to 63 feet, one (1) inch and on
track "D" from 54 feet, zero (0) inches to 73 feet, 10 inches, 4) allow a sixty percent (60%) roof
structure coverage with photovoltaic array systems, 5) allow a City of Miami communication antenna
tower, 30 to 45 feet high, mounted on the roof of one of the garage buildings, subject to the
requirements and limitations of section 949 of the Zoning Ordinance, and 6) allow educational uses
for the liners as an alternative use, or to offer mixed-use liners with the approved residential uses.
Section 4. The Substantial Modification of 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 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
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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 Yes Yes
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes Yes
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes Yes
should be oriented to the corner
and public street fronts.
11) Architecture and Landscape Architecture:
Design Review Criteria Applicability Compliance
(1) A project shall be designed Yes Yes*
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes Yes
context;
(3) Create a transition in bulk Yes Yes
and scale;
(4) Use architectural styles Yes Yes
and details (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.
111) Pedestrian Oriented Development:
Design Review Criteria Applicability Compliance
(1) Promote pedestrian Yes Yes
interaction;
(2) Design facades that Yes Yes
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respond primarily to the
human scale;
(3) Provide active, not blank Yes Yes
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
Design Review Criteria Applicability Compliance
(1) Provide usable open space Yes Yes
that allows for convenient and
visible pedestrian access from
the public 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 Parkin
Design Review Criteria Applicability Compliance
(1) Design for pedestrian and Yes Yes
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes Yes*
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes Yes
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes Yes
as district buffer.
VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that Yes Yes*
screens undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes Yes
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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 Yes Yes*
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VII) Sionaae and Liahtin
Design Review Criteria Applicability Compliance
(1) Design signage appropriate Yes N/A**
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes N/A**
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes Yes*
minimize glare to adjacent
properties;
(4) Provide visible signage Yes N/A**
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
Vlll) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation Yes N/A
and/or geological features
whenever possible.
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IX) Modification of Nonconformities:
Design Review Criteria Applicability
(1) For modifications of Yes
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
Compliance
N/A
N/A
These findings have been made by the City Commission to approve this PROJECT with conditions.
d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed project have been found by the City Commission to adhere to other specific
consideration(s) set forth in the zoning ordinance, the Code of the City of Miami, Florida, as
amended ("City Code"), and other applicable regulation(s).
e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which
the proposed use will operate, given its specific location and proximity to less intense uses, has
been found by the City Commission to adhere to other specific considerations set forth in the
zoning ordinance, the City Code and other applicable regulation(s), with particular consideration
given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle
intrusion, traffic conflicts, and the spillover effect of light.
f. 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).
g. 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
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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 Substantial Modification to a previously approved Major Use Special Permit,
as approved and amended, shall be binding upon the APPLICANT and any successors in interest.
Section 7. The application for a Substantial Modification to a previously approved Major Use
Special Permit, which was submitted on December 22, 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 describe in the Development Order for the PROJECT, are incorporated within.
Section 10. The Substantial Modification to a previously approved 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 Substantial Modification to a previously
approved Major Use Special Permit, as approved, shall commence and become operative thirty (30)
days after the adoption of the Resolution.
Section 13. This Substantial Modification to a previously approved 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, 17, and 22 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 Substantial
Modification to a previously approved Major Use Special Permit for the Miami Ballpark
(09-00141 mm), (hereinafter referred to as the "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 (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 Substantial Modification to a previously approved Major Use Special
Permit:
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FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development 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. 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 in "Exhibit A", incorporated herein by reference).
The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed substantial modifications to the "Miami Ballpark" development approved under
MUSP Resolution No. 09-0199, will be comprised of: 1) Reducing the Accessory Retail Space from
approximately 61,678 square feet to 53,629 square feet, 2) To provide 5,735 off-street parking spaces
(4,831 in structured parking and 904 parking spaces on surface lots as interim parking), instead of
5,809 off-street parking spaces approved by MUSP Resolution No. 09-0199, 3) To allow an increase in
the height of the parking garage structure on Track "A" from 47 feet, 0 inches approved by MUSP
Resolution No. 09-0199 to 63 feet, 1 inch, and on Track "D" from 54 feet, 0 inches to 73 feet, 10
inches, 4) To allow a sixty percent (60%) roof structure coverage with photovoltaic array systems, 5)
To allow a City of Miami communication antenna tower, 30 to 45 feet high, mounted on the roof of one
of the garage buildings, subject to the requirements and limitations of Section 949 of the Zoning
Ordinance, and 6) To allow educational uses for the liners as alternative use, or to offer a mixed-use
liners with the approved residential uses.
Pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, approval of the
requested Substantial Modification to a previously approved Major Use Special Permit Application
for the PROJECT encompasses all lower ranking permits previously approved, which remain in full
force and effect.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics and landscape plans on file prepared by Leo A. Daly Planning, Architecture, Engineering,
Interiors, and Rosenberg Gardner Design, dated November 13 and 16, 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 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.
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
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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
ste. 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 activit. All construction
activity sall remain in full compliance wit the prvisons 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 requrements 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) 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 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.
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10) Pursuant to design related comments received by the Planning Director, the APPLICANT shall
meet the following conditions: Urban Design: a) Develop the approaches to the stadium along
Northwest 15th Avenue. Paving materials and sidewalk treatments should be consistent with the rest
of the proposal; b) Provide dimensions for all walkways, curb cuts, drive aisles, and cross sections
illustrating the sidewalk width and arrangement; c) Incorporate enhanced crosswalks and other
treatments to provide safety for pedestrians and define major pedestrian crossings; d) 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; e) Include the use of a stabilized
base structure for the surface parking lots in order to maintain these areas as greenspace, when not in
use; f) Provide on street parking along Northwest 3rd Street as a benefit to residents and to provide
additional parking for the stadium during game times; Architecture: g) Provide updated floor plan
drawings to illustrate the five bay segments and window openings as proposed on the elevations and
renderings; h) If the proposed art display screens in multiple colors, as illustrated, 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 for the proposed advertisement
screens. In addition, any advertisement shall be subject to review by the Planning Department; i)
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 Planning Department
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. Provide
options for other architectural treatments or landscaping; j) 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; k) Design the lighting system for
the rooftop parking level 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; m) Specify the species and proposed locations of all trees
and palms shown on the landscape plan; n) Continue to develop the interim greenspace, along
Northwest 3rd Street, into a usable linear park. Additional landscaping is suggested. Please provide
updated landscape information; o) The conditions above are referred to exclusively as to the
Substantial Modification to the previously approved Major Use Special Permit for the Miami Ballpark
project in the parking garages, thus, all conditions imposed to in the previously approved Major Use
Special Permit different to this Development Order are valid and in full force.
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
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File Number: 09-00141mm
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.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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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