Loading...
HomeMy WebLinkAboutItem #1-Miami Ballpark MM-PAB 1.20.10PLANNING FACT SHEET LEGISTAR FILE ID: 09-00141mm January 20, 2010 Item # P.1 APPLICANT Pedro G. Hernandez, City Manager, on behalf of City of Miami, a Florida Municipal Corporation. REQUEST/LOCATION Consideration of a Substantial Modification to the previously approved 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 [Commissioner Frank Carollo - District 3] DISTRICT 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 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, for the project, to be located at approximately 1501 NW 3rd St., 1350 NW 4th St., 1390 and 1680 NW 5th St., 1380 and 1610 NW 6th St. and 1600 NW 7th St., Miami, Florida, the proposed substantial amendment will modify the previously approved Major Use Special Permit under Resolution R-09-0199 as follow: 1) To reduce the accessory retail space of the parking garage along NW 7 St. 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 905 parking spaces on surface lots as interim spaces), instead of the 5,809 off-street parking spaces approved under R-09-199, 3) To an increase in height of 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) To allow a sixty percent (60%) roof structures coverage with photovoltaic array systems, 5) To allow a City of Miami communication antenna tower 30 to 45 feet high top mounted on the roof of one of the garage buildings, subject to the requirements and limitations of section 949, and 6) To allow educational use for the liners as alternative use, or to offer a mixed-use liners with the approved residential use, providing for certain floor area ratio ("FAR"); making findings of fact and stating conclusions of law; providing for binding effect; containing a severability clause and providing for an effective date. PLANNING Approval with conditions RECOMMENDATION BACKGROUND AND See supporting documentation ANALYSIS PLANNING VOTE: ADVISORY BOARD CITY COMMISSION ................................................................................................................................................................................................................................................................................................................................... CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 .................................................................................................................................................................................................................................................................................................................................... Date Printed: 12/23/2009 Page 1 ANALYSIS SUBSTANTIAL MODIFICATION OF A PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT for Miami Ballpark located at approximately 1501 NW 3rd Street FILE ID: 09-00141mm The proposed substantial modifications to the "Marlins Ballpark" development approved under MUSP Resolution R-09-199, 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 R-09-199. 3) To allow an increase in height of the parking garage structure on Track "A" from 47 feet 0 inches approved by MUSP Resolution R-09-199 to 63 feet 1 inch, and on Track "D" from 54 feet 0 inches to 73 feet 1 0 inches. 4) Pursuant to a LEED Silver Certification, to allow a sixty percent (60%) roof structures coverage where a maximum of twenty percent (20%) is allowed. The roof structures on all four (4) garages consist of photovoltaic array systems that will generate from 1.3 to 1.6 megawatts of power for the adjacent Marlin Stadium project. 5) To allow a City of Miami communication antenna tower 30 to 45 feet high top mounted on the roof of one of the garage buildings, subject to the requirements and limitations of Section 949. 6) To allow other possible uses for the liners such as educational or residential. Any of these options would require the flexibility to modify the floor plans and exterior elevations as required by such functions. Pursuant to Zoning 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 an application for Substantial Modifications to a previously approved Major Use Special Permit approved under Resolution No. R-09-199, subject to all applicable criteria as per zoning regulations 11000; Note: All previous approvals in the MUSP resolution R-09-199 remain in full force and effect. 09-00141 mu Page 1 of 7 In determining the appropriateness of the proposed project, the Planning Department has referred this project to involved instances of the City of Miami including the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • 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 this substantial modification to a previously approved Major Use Special Permit proposes an educational use as an alternative option to the approved residential use for liners. • It is found that the proposed educational use is in compliance with the current zoning designation, the Miami Comprehensive Neighborhood Plan Map, and the Future Land Use Map. • It is found that the Miami Economic Associates, Inc., the firm who conducted the "Affordable Housing Analysis" for the Miami Ballpark Major Use Special Permit, issued on December 6, 2009 a letter for this substantial amendment stating that "the placement of a charter school on the site of the Miami Ballpark Project would increase the demand for very low income in 2 units while the demand for low income and moderate income units in 3 units each. Substantial surpluses in available supply in each income category will still exist even after these increases in demand are taken into discount". • It is found that the proposed possible and permitted uses for the liners options will have the flexibility to modify the floor plans and exterior elevations as required by such functions, and for submitting to Planning Department and the Office of Zoning for review and approval. • It is found that the proposed development project will benefit the area by creating a Major Sport Facility with additional commercial and residential/educational opportunities in the Little Havana NET District, generally bounded by NW 7th Street to the north; NW 3rd Street to the South; NW 17th Avenue to the West; and NW 14th Avenue to the East. • 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 1,092,907 sq. ft., which is below the 3,379,465 sq. ft. allowed for a FAR of 1.72 of the GLA. 09-00141 mu Page 2 of 7 • It is found that the accessory Retail Space for the project is decreasing from approximately 61,678 square feet to 53,629 square feet. • It is found that the height of the parking garage structure on Track "A" increases from 47 feet 0 inches to 63 feet 1 inch, and on Track "D" increases from 54 feet 0 inches to 73 feet 10 inches. • It is found that this substantial modification to a previously approved Major Use Special Permit proposes a City of Miami communication antenna tower 30 to 45 feet high top mounted on the roof of one of the garage buildings, to be designed in compliance with the requirements and limitations of Section 949. • It is found that the changes in the height of the parking garages do not affect the approved maximum height of the proposed complex, approximately 269 feet 0 inches A.G.L. at top of the retractable roof. • It is found that the number of parking spaces decreases from 5,809 off-street parking spaces approved on the MUSP to 5,735 off-street parking spaces (4,831 in structured parking and 904 parking spaces on surface lots as interim parking). The number of parking spaces provided in this substantial modification is above the 5,024 parking spaces required for the project with the residential option as well as the 5,011 parking spaces required for the project with the educational option for the liners. • It is found that this substantial modification to a previously approved Major Use Special Permit proposes to increase the roof coverage to a maximum of 60% of the overall roof surface area to place the photovoltaic array system, which is a required element to attain the LEED Silver certification. It is found that this substantial modification to a previously approved Major Use Special Permit proposes an approved thematic treatment to enclose and conceal lighting, pipes and mechanical equipment of the structured garages. Changes to this proposal shall be reviewed and approved by Planning Department. It is found that the firm who conducted the "Economic Study" for the Miami Ballpark Major Use Special Permit, issued on December 7, 2009 a letter for this substantial amendment stating that "Slight changes to the original engineering and architectural plans of the Parking Garages for the new Marlins Stadium that were studied for the 2008 economic impact study by The Washington Economic Group, Inc., will not result in significant changes to the impact findings presented in the 2008 Study. However, if the 96 proposed housing units are replaced with a magnet high school, WEG will need to update the original economic impacts to reflects the new and changed construction elements and would therefore, at that time, amend the original economic impacts of the new Marlins Stadium parking facility". • It is found that on November 19, 2009 the City of Miami Transportation Administration Division issued a "Marlins Ball Park MUSP Substantial Modification Traffic Sufficiency" stating that "The Substantial Modification to the Marlins Ball Park Major Use Special Permit (MUSP) does not require a new traffic impact study since 09-00141 mu Page 3 of 7 the modifications do not impact the original traffic analysis. The conditions of the original traffic sufficiency letter, dated February 5, 2009, still apply". 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 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) 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) Provide dimensions for all walkways, curb cuts, drive aisles, and cross sections illustrating the sidewalk width and arrangement„ 3) Incorporate enhanced crosswalks and other treatments to provide safety for pedestrians and define major pedestrian crossings, 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) 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, 6) Provide on street parking along NW 3rd Street as a benefit to residents and to provide additional parking for the stadium during game times. Architecture: 7) Provide updated floor plan drawings to illustrate the five bay segments and window openings as proposed on the elevations and renderings, 8) 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 advertisements screens. In addition, any advertisement shall be subject to review by the Planning Department, 9) 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, 09-00141 mu Page 4 of 7 to screen views of cars, lights and mechanical equipment. Provide options for other architectural treatments or landscaping, 10) 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, 11) 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: 12) 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, 13) Specify the species and proposed locations of all trees and palms shown on the landscape plan, 14) Continue to develop the interim greenspace, along NW 3rd Street, into usable linear park. Additional landscaping is suggested. Please provide updated landscape information, and 15) The conditions above are referred exclusively to Substantial Modification to the previously approved Major Use Special Permit for the Miami Ballpark project in the parking garages, in consequence, all conditions imposed to the previously approved Major Use Special Permit different to this Development Order are valid and in full force. 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 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. 09-00141 mu Page 5 of 7 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 substantial modification to a previously approved 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 and the Office of Zoning 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 traffic related comments received from the City's Traffic Consultant, URS Corp., and confirmed by the City of Miami Transportation Administration Division, the applicant shall commit to: 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. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions for each component of the proposed 09-00141 mu Page 6 of 7 complex: Urban Design: a) Develop the approaches to the stadium along NW 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 NW 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 advertisements 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: I) 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 NW 3rd Street, into usable linear park. Additional landscaping is suggested. Please provide updated landscape information, o) The conditions above are referred exclusively to Substantial Modification to the previously approved Major Use Special Permit for the Miami Ballpark project in the parking garages, in consequence, all conditions imposed to the previously approved Major Use Special Permit different to this Development Order are valid and in full force. 12) 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 7 of 7 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 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 11.10.2009 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 15d' 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 enhanced crosswalks and other treatments to provide safety for pedestrians and define major pedestrian crossings. Special consideration should be given to connections from major thoroughfares, as well as to the stadium from the garages. • 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 the use of a stabilized base structure (such as Grass Pave2, shown below) for the surface parking lots in order to maintain these areas as greenspace, when not in use. • 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. • Please 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. • Specify the species and proposed locations of all trees and palms shown on the landscape plan. • Continue to develop the interim greenspace, along NW 3,d Street, into usable linear park. Additional landscaping is suggested. Please provide updated landscape information. Figure 1: Grass Pave2 Stabilized base structure 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 Fenton, Robert From: Medina, Lilia I. Sent: Thursday, November 19, 2009 4:44 PM ro: Fenton, Robert; Lavernia, Roberto; Serrano, Gerardo; Perez, Edelberto; Perez, Antonio Subject: Marlins Ball Park MUSP Substantial Modification Traffic Sufficiency Attachments: Sufficiency Letter Attach ment. pdf For the file, I find that the Substantial Modification to the Marlins Ball Park Major Use Special Permit (MUSP), does not require a new traffic impact study since the modifications do not impact the original traffic analysis. The conditions of the original traffic sufficiency letter, dated February 5, 2009, still apply. The application for the Substantial Modification complies with the Bicycle Parking Ordinance, Article 9, Section 921 to the Zoning Ordinance of the City of Miami, recently adopted on October 22, 2009. The Bicycle Ordinance, Section 921.2, "requires one (1) bicycle parking space for every twenty (20) required vehicular parking spaces or any portion thereof." Lilia I. Medina, AICP, Assistant Transportation Coordinator Office of the City Manager/Office of Transportation City of Miami tel: 305.416.1080 limedina(@miamigov.com 1 Uns ,� 11 February 5, 2009 Via eMail and US Mail Ms. Ulia 1, Medina, AICP . Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (101h Floor) Miami, Florida 33130 Re., Marlins Ball Park– MUSP (R # 003) Sufircle.ncy Letter Dear Ms. Medina: 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 Sweefappie & 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: 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 0 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 postgame 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. 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, 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 954.739,1 881. Sincerely, UR orpora loq out efn Raj Sh nmu m, RE, Senior raffic ineer URS corporation Attachment 100 i 3343 west commerciai Boulevard `0 Fort t Lauderdale; Fl 33309 Co. Mr. Antonio E. Perez, Planner ll, City of Miami Planning FLaudMr, Jose Gonzales, PE, City of Miami Tel: 964.7$9.3,881 Ms. Cathy Sweetapple, AICP, Cathy Sweelapple & Associates iFax: 954,739.1789 •I 1 we g The NViisbLigton. Economics ch-Oup, 'Luc. F December 7, 2009 Mr. Robert Fenton Senior Project Manager, City of Miami 444 SW 2°d Avenue Miami, FL. 33130 Dear Mr. Fenton, Slight changes to the original engineering and architectural plans of the Parking Garages for the new Marlins Stadium that were studied for the 2008 economic impact study by The Washington Economics Group, will not result in significant changes to the impact findings presented in the 2008 Study. However, if the 96 proposed housing units are replaced with a magnet high school, WEG will need to update the original economic impacts to reflect the new and changed construction elements and would therefore, at that time, amend the original economic impacts of the new Marlins Stadium parking facility. Best Regards, al ". Mary Snow Manager of Client Services 2655 LeJeune Road, Suite 608, Coral Gables, FL 33134 1 T-305-461-3811 I F.305-461-3822 I E: info@weg.com I W: www.weg.com December 6, 2009 Mr. Robert Fenton Senior Project Director Miami Ballpark Project City of Miami Miami, Florida Dear Mr. Fenton: This letter supplements the affordable housing analysis that Miami Economic Associates, Inc. (MEAL) provided to Mr. Claude Delorme at Florida Marlins, LP on January 15, 2009 for inclusion in the MaJor Use Special Permit (MUSP) application for the Miami Ballpark Project. In that. analysis, we concluded that the demand generated by the Miami Ballpark, project for residential units affordable to very low, low and moderate income households could be accommodated by the available supply within a housing supply area defined by a 20 -minute commute time from the stadium. We now understand that the footprint and heights of the proposed parking garages that will serve the ballpark, referred to as Phases 2 and 3 in the original MUSP application, are expected to change from what was presented in the original WSP application and that the area that was previously shown to house 96 "liner" residential units is now being programmed with either the same 96 units or, in the alternative, a charter high school with approximately 800 students at full capacity and approximately 50 employees. The retail area will be slightly (7,000± sf) smaller in this revised plan. The purpose of this letter is to report that the additional demand for affordable housing the will result from the possible placement of a charter school on-site can also be accommodated by the available supply of units identified in the letter report addressed to Mr. Delorme that was referred to above. The paragraphs that follow summarize the analysis presented in the letter MEN addressed to Mr. Delorme on January 15, 2009: 0 Very Low Income Households Very Low income households are defined as households earning less than 50 percent of the Area Median Income currently $49,200 --- or up :to $24,600. An estimated total of 38 workers employed at the Marlins" proposed ballpark will require housing -affordable to such households. Our analysis identified that there would 6864 S.W. 89th Terrace Miami, Florida 33156 Tufa (305) 669w0229 Fam 1866) 496-6107 Emall: meainkOpbelfsoutfi.net Mr. Robert Fenton Miami Ballpark Project December 6, 2009 Page 2 potentially be 91 units available to such households within the area defined by a 20 - minute commute from the proposed ballpark, resulting in a surplus of 53 units, 0 Low Income Households Low income households are defined as households earning between 50 and 80 percent of the Area .Median Income, or between $24,601 and $39,360. An estimated total of 45 workers employed at the Marlins' proposed ballpark will require housing affordable to such households. Our analysis identified there would potentially be 121 units available. to such, households within the area defined by a 20 -minute commute from the proposed ballpark, resulting in a surplus 76 units, Moderate Income Households Moderate income households are defined as households earning between 80 and 120 percent of the Area Median Income, or between $39,361 and $59,040. An estimated total of 53 workers employed at the Marlins' proposed ballpark will require housing affordable to such households. Our analysis identified there would potentially be 418 units available to such households )Within the area defined by a 20 - minute commute from the proposed ballpark,. resulting in a surplus 365 units. As shown on the table on the page immediately following, the placement of a charter school on the site of the Miami Ballpark Project would increase the demand for very low income units by 2 units while the demand for low.income and moderate income units 3 units each. Substantial surpluses in available supply in each income category will still exist even after these increases in demand are taken into account. Sincerely, Miami Economic Associates, Inc, Andrew Dolkart President Miami P-conorn! c AssoCiatesf Inc. 68016..W 89'h Terrace Miami, Florida 33156 tel: (30,5) 66". 229 Fa ) 496-6107 ]Email. meal-nk@beflsouth.net ,x-, ($66 Employee wage Distribution Ghdrlor School New Marlins Ballpark wAge Ranges Mid Hint Ern loy uas Tolaf Wages Holds of H1•Is' Single worftfr HHD, income 2 Wolker HHs' Income 'Wolter HHs' Income Low Income $74;896'-'57,499 $76,7.45 1 $1,6,248 1) fi $1ti:745 0 S30,M5 0 $37 W-5 Heusi, $17,570.1919% $18.7500 '1 513750 0 0 $18.750 C $U.a35G 0 V,2,1363 locom, 520.!700-22.4''15 $21,'230 3 3133,760 1 :t $27.250 0 S35.270 0, $48,578:$16.248 $27..500 - 24.605 523;5$0 3 57.7,%3:30 1 1 '123;; 5f: ,: 3•:3,:x20 0 $53,835 $21.2.,31) Income 524.601-27ASO 528,050 5 5130.250 3 1 U6.050 0 $48.140 0 $55.550 $23.550 ?27,S00••25,999 526,750 .r $14',§,7 50 3 7 x28:7'4 i; 339.x80 G b65.775'V4ty:'bt .530,000•.32,499 _ni'250 6 5-'8;.500! 3 537.250 0 557,,50 0 377.»3s 528.050 $12.500-3A,999 533:7500 6 5'202.5177 3 0 533:750 562.3-10 0 $77:1±;'!' $28.750 $35,0,4)-37499 S36,2S0 a $217;5."±.0 0 VC'.250 S:8,g60 L $62:858 S5C.S28 $37.500-39.3Fn} 335.430 el Ma515n 3 D VW5.411r, 377:0x,, 0 567,851'.531:250 $a3.'=,A orate Income $39:36?- 42,499 -340,%30 540,9> 1 ? $40i 9:30 0• 37;3;1;, G 0 .,v3:5ir.'a Sao.:;., 342,500..44:W3 .:A3:750 $a$,7a0 7 Y N$417S0 d} a'O.o;:C C xIDD. 01-1 Saz.2��^. 34.5,000-47.459 $46:250 1 $A6,25C 1 4 546,250 0x`53,4:`0 0 5703.726 537.143 $475,X.45,`:,3% 54$,7500 $0£.7x0 1 0 .546t7ra0 1. 390.0°0 0 "si'7 e43 338.480 $50.000 - 52,49) 5„51,250, 1 551.250 1 0 $51.2x0 i 534.710 C .117.156 539.270 '552.300 -34.3477 353;750 553,75D t 0 ".0'"3:150 ^. 559.3^s0 0 5122 873 Logs>i 555,00-57.589 55x,250 '1 S,SB,s.:O 1 S, $.R.25(: StO;i..=.?iC 0 517,4,59,4 ::60,937. 557,500•x5,040 $58,270 0 5o 0 0 Sf1B.270 0 51072 M 0 5138,275 $425553 M)dd;e income/Over 853:041 snd.e:^er SSS.V.)C (Ai3otalemploy€34sznd ;gg*$aofInimnVo al ,at) >;bla! wages of 5Camolo ees,S55;C00 1 38.!;!,006 ?a0 $1.707,4138 5:.712.200 YdtA .N7A NtA MIA NIA NRA 1,9A.: UP, 1.40 w 49,:",76 $98,7`0 $51.2`3 ... _._. :-ieeds'rp rtes 1arMiatni-Dade Counrr $53,!30 3,53.750 1r..y F.ov: L.A lilodtrale S53,835 5:.7',4 52�n n5.9'N Y' 751 , 3ao,2:xi Awrago Employee lncomU: $3=..2Aa ^• -57.750 .: S!nglat2•Mslxerl3s-Ydarier td"!�ao`2?: L'ery?aW LOW Mti erwe 6S.c?GId7,255.7.2% 43,A3?.°j:1.45w73.2?a.4:.8'vsrtl.o`si34a.85a i.aditi:rwlincornu ' $7.2lihour for 400 tto slwPa'r... 52 weeksiyeer * 5ascc oh ES -202 regart foo 451 t;uar�ar7C <. 1 10malathres,.otds ,ba ,c on ares med,:Z € inrnmo) $ I'ikade.'>I HaysenOld hY rncome ('1aKen franl ttr±5l€ayaeS lSl cok:mn 4) 2 wapsorla:.en down in #nGe0nR118 of 32,500 7 :iin0ia snnYaEr Mu3ahoicis 6 wal p~•meMage, ftnt tna cer.Wt) a 3diapcint al wags rsngaa E Sla41e wllAar nnuse,",cie i»co;rc (eamU as rriot:arn rt±Colunxn :) d N.,Ttw of ofn¢1Jyee; projoatld R) be 'n each wage range 'g Muiti-wodwr hnraehaas.(Ixal perch.tega, !rum oit Census) 5 -1 ata! v.a4es of till wiplows in Re:h valga Ganga ;0lAd1i-4r0ticer t+ouu,haip,inaoma (rrdlp0wot 11 C,*.urnn 3 mvdI pW, d b, A pefC011ne u) oddiowal moome. (tool tat CerxisS 1 I File Number: 09-00141mm 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 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, FOR 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, THE PROPOSED SUBSTANTIAL AMENDMENT WILL MODIFY THE PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT UNDER RESOLUTION R-09-0199 AS FOLLOW: 1) TO REDUCE THE ACCESSORY RETAIL SPACE OF THE PARKING GARAGE ALONG NW 7 STREET 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 905 PARKING SPACES ON SURFACE LOTS AS INTERIM SPACES), INSTEAD OF THE 5,809 OFF-STREET PARKING SPACES APPROVED UNDER R-09-199, 3) TO INCREASE IN HEIGHT OF 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) TO ALLOW A SIXTY PERCENT (60%) ROOF STRUCTURES COVERAGE WITH PHOTOVOLTAIC ARRAY SYSTEMS, 5) TO ALLOW A CITY OF MIAMI COMMUNICATION ANTENNA TOWER 30 TO 45 FEET HIGH TOP MOUNTED ON THE ROOF OF ONE OF THE GARAGE BUILDINGS, SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 949, AND 6) TO ALLOW EDUCATIONAL USE FOR THE LINERS AS ALTERNATIVE USE, OR TO OFFER A MIXED-USE LINERS WITH THE APPROVED RESIDENTIAL USE, PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); 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 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 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 (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 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 City of _Miami Page I of 11 Printed On: 1212312009 City of Miami _ P� r *.._>. ° ° - {fir Legislation f A I PAB Resolution File Number: 09-00141mm 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 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, FOR 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, THE PROPOSED SUBSTANTIAL AMENDMENT WILL MODIFY THE PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT UNDER RESOLUTION R-09-0199 AS FOLLOW: 1) TO REDUCE THE ACCESSORY RETAIL SPACE OF THE PARKING GARAGE ALONG NW 7 STREET 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 905 PARKING SPACES ON SURFACE LOTS AS INTERIM SPACES), INSTEAD OF THE 5,809 OFF-STREET PARKING SPACES APPROVED UNDER R-09-199, 3) TO INCREASE IN HEIGHT OF 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) TO ALLOW A SIXTY PERCENT (60%) ROOF STRUCTURES COVERAGE WITH PHOTOVOLTAIC ARRAY SYSTEMS, 5) TO ALLOW A CITY OF MIAMI COMMUNICATION ANTENNA TOWER 30 TO 45 FEET HIGH TOP MOUNTED ON THE ROOF OF ONE OF THE GARAGE BUILDINGS, SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 949, AND 6) TO ALLOW EDUCATIONAL USE FOR THE LINERS AS ALTERNATIVE USE, OR TO OFFER A MIXED-USE LINERS WITH THE APPROVED RESIDENTIAL USE, PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); 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 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 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 (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 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 City of _Miami Page I of 11 Printed On: 1212312009 File Number: 09-00141mm 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 WHEREAS, the Miami Planning Advisory Board, at its meeting on January 20, 2010, following an advertised public hearing, adopted Resolution No. PAB 09-_ by a vote of _to _ item No. P.1, recommending approval with conditions 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 within, 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 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 Substantial Modification of a MUSP is approved to modify the PROJECT as follows: 1) To reduce the accessory retail space of the parking garage along NW 7 street 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 905 parking spaces on surface lots as interim spaces), instead of the 5,809 off-street parking spaces approved under R-09-199, 3) To increase in height of 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) To allow a sixty percent (60%) roof structures coverage with photovoltaic array systems, 5) To allow a City of Miami communication antenna tower 30 to 45 feet high top mounted on the roof of one of the garage buildings, subject to the requirements and limitations of section 949, and 6) To allow educational use for the liners as alternative use, or to offer a mixed-use liners with the approved residential use. Section 4. The Substantial Modification of a 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 City of Miami Page 2 of 11 Printed On: 1212312009 File Number: 09-00141mm 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 Planninq: 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. III) Pedestrian Oriented Development: Design Review Criteria Applicability Compliance (1) Promote pedestrian Yes Yes interaction; City of Miami Page 3 of 11 Printed On: 1212312009 File Number: 09-00141mm (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; (2) Landscaping, including plant 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 (1) Design for pedestrian and vehicular safety to minimize conflict points; (2) Minimize the number and width of driveways and curb cuts; (3) Parking adjacent to a street front should be minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer. VI) Screeninq: Design Review Criteria (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; Yes Yes Applicability Yes Yes Applicability Yes Yes Yes Yes Applicability Yes Yes Yes Compliance Yes Yes* Compliance Yes Yes* Yes Yes Compliance Yes* City of Miami Page 4 of 11 Printed On: 1212312009 File Number: 09-00141mm (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 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. VIII Sianaae 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. VIII) Preservation of Natural Features: Design Review Criteria Applicability Compliance (1) Preserve existing vegetation Yes N/A City of Miami Page 5 of 11 Printed On: 1212312009 File Number: 09-00141mm and/or geological features whenever possible. IX) Modification of Non conformities: 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 consideration set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting(s) 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; City of Miami Page 6 of 11 Printed On: 1212312009 File Number: 09-00141mm (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 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 described 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 jrisdiction, such decision shall in no maner 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 the 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 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 City of Miami Page 7 of 11 Printed On: 1212312009 File Number: 09-00141mm 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: 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 substantial modifications to the "Marlins Ballpark" development approved under MUSP Resolution R-09-199, 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 R-09-199. 3) To allow an increase in height of the parking garage structure on Track "A" from 47 feet 0 inches approved by MUSP Resolution R-09-199 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 structures coverage with photovoltaic array systems, 5) To allow a City of Miami communication antenna tower 30 to 45 feet high top mounted on the roof of one of the garage buildings, subject to the requirements and limitations of Section 949, and 6) To allow educational use for the liners as alternative use, or to offer a mixed-use liners with the approved residential use. 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 range 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 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: City of Miami Page 8 of 11 Printed On: 1212312009 File Number: 09-00141mm 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 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 thesubmitted 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 Clss I Scial Pmit 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)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 City of Miami Page 9 of 11 Printed On: 1212312009 File Number: 09-00141mm 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: Urban Design a) Develop the approaches to the stadium along NW 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 NW 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 advertisements 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: I) 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 NW 3rd Street, into usable linear park. Additional landscaping is suggested. Please provide updated landscape information, o) The conditions above are referred exclusively to Substantial Modification to the previously approved Major Use Special Permit for the Miami Ballpark project in the parking garages, in consequence, all conditions imposed to 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. City of Miami Page 10 of 11 Printed On: 1212312009 File Number: 09-00141mm CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, s 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. City of Miami Page 11 of 11 Printed On: 1212312009 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 Plot 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 Plot Book 2, Page(a) 46, Public Records of Miami -bode 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 Plot Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 3 and 4, Black 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 Plot Book 2, Page(s) 46, Public Records of Miami -Dade County, Florida. AND Lots 1 through 108, Revision of Montray 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 Miomi-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 -bode County, Florida. AND Lots 8 through 13, Block 39, Lawrence Estate Land Co's Subdivision, according to the plat thereof as recorded in Pfat 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 Plot 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 of Page 46 of the Public Records of said Miami -Dade County, Florida; thence South 87'42'1O" 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 Piot 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_ 2513.00 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-af--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 Plot Book 8 at Page 1 of said Public Records of Miami -Dade County, Florida; thence Northeasterly along EXH 1 E3 [T "A" LEGAL DESCRIPTION (Cont): ❑ 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 ❑ 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 an 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 ❑ 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 ❑ 25.00 foot radius curve, leading to the right, through a central angle of 89'28'47" for on arc distance of 39.04 feet to a point of tangency; thence North 87'42'11" Fast, along the North line of said Lot 76 and the North line of Lots 75, 74, 73, 72, 71, 70 and 57, 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, leoding to the right, through a central angle of 90'31'28" for on 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 o 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 sold 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 89028'32", for an arc distance of 39.04 feet to a point of tangency; thence North 8742'11" East along the North line of said Lot 56 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—woy 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 fine 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—af—way line of said N.W. 5th Street, for 449.96 feet to ❑ point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the right, through a central .ongle 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 REVISED ZONING INFORMATION SUMMARY CITY OF MIAMI AS APPROVED IN ORIGINAL MUSP RESOLU1lON No. R-09-4199 DATED 04123409 ZONING DISTRICT: Gli ZONING DISTRICT: m TOTAL NET LOT AREA 1,704,152 S.F. (39.12 ACRE) TOTAL NET LOT AREA: 1.704.152 S.F. (39.12 ACRE) TOTAL GROSS LOT AREA: 1,964,805 S.F. (45.11 ACRE) TOTAL GROSS LOT AREA: 1,964.805 S.F. 145,11 ACRE) F007PRINT MAX ALLOWED 40:% X GROSS AREA: 785,922 S.F FOOTPRINT MAX ALLOWED 40% X GROSS AREA. 785.922 S.F. EXISTING (IF APPLICABLE): NIA EXISTING (IF APPLICABLE): NIA PROPOSED NEW CONSTRUCTION FOOTPRINT: 330,884 S.F. (Ballpark) PROPOSED NEW CONSTRUCTION FOOTPRINT: 330.864 S.F. (Ballpark) 359.595 S.F. (Garages) 361.507 S.F. (Garages) 22,160 S.F. (Residential) 22.164 S.F. (Residential or Educational) ADDITION TO BE LEGALIZED (IF APPLICABLE): WA ADDITION TO BE LEGALIZED (IF APPLICABLE): NfA TOTAL FOOTPRINT PROPOSED: 712,819 S.F. (36 27%) TOTAL FOOTPRINT PROPOSED: 714,531 S.F. ( 36.37%) F.A.R. MAX ALLOWED 172% X GROSS LOT AREA: 3,379.465 S F F.A R. MAX ALLOWED 1:2 ,, X GROSS LOT AREA: 3.379.465 S.F EXISTING (IF APPLICABLE): WA EXISTING (IF APPLICABLE): NIA PROPOSED: 61.678 SF (Relaily + 86.278 S.F {Residential) + 953,000 S.F. (Ballpark) PROPOSED: 53,629 S.F, (Retail) + 88,278 S.F. (Residential or Educational) + 953,004 S.F. (Ballpark) TOTAL: 1,100,956 S.F. (56.03%) TOTAL: 1,092,907 S.F. (55.63%) OPEN SPACE MIN REQUIRED 15% X GROSS AREA: 294.721 S.F. OPEN SPACE MIN REQUIRED 15% X GROSS AREA: 294.721 S.F. TOTAL PROPOSED: 553.747 S.F. (28.18%) TOTAL PROPOSED: 553,747 S.F_ (28.18%) NUMBER OF TREES REQUIRED: SEE LANDSCAPE PLANS NUMBER OF TREES REQUIRED: SEE LANDSCAPE PLANS NUMBER OF TREES PROPOSED: SEE LANDSCAPE PLANS NUMBER OF TREES PROPOSED: SEE LANDSCAPE PLANS LINEAR FEET TOTAL OF HEDGES: SEE LANDSCAPE PLANS LINEAR FEET TOTAL OF HEDGES: SEE LANDSCAPE PLANS SPECIES, HEIGHT. SPREAD, AND DIAMETER OF ALL EXISTING AND SPECIES, HEIGHT, SPREAD, AND OLAMETER OF ALL EXISTING AND PROPOSED TREES AND HEDGES: SEE LANDSCAPE PLANTING SCHEDULE PROPOSE D TREES AND HE DGES: SEE LANDSCAPE PLANTING SCHEDULE PARKING REQUIRED: 'BALLPARK:: 4.757 PARKING REQUIRED: ' BALLPARK:4,757 PARKING REQUIRED: ' BALLPARK: 4,757 2 RETAIL 185 x RETAIL: 161 x RETAIL: 161 8 RESIDENTIAL: 106 s RESIDENTIAL 106 4 EDUCATIONAL: 93 TOTAL 5.048 spaces required TOTAL: 5.024 maces required TOTAL: 5.011 soaces required TOTAL PROVIDED: SURFACE LOTS 969 TOTAL PROVIDED: SURFACE LOTS: 9D4 TOTAL PROVIDED: SURFACE LOTS: 9D4 STRUCTURED PRKG: 4,744 + 96 (reserved) = 4,84D STRUCTURED PRKG4,738 4 93 (reserved) = 4,631 STRUCTURED PRKG: 4,738+ 93 (reserved) = 4,631 TOTAL. 5.609 spaces providod TOTAL: 5.735 spaces provided TOTAL: 5.735 soaves provided Accessible Spaces required:114 (93.21 vans) Accessible Spaces required: 69 Accessible Spaces required: 69 Accessible Spaces provided: 114 Accessible Spaces provided: 111 Accessible Spaces provided: 111 ' BALLPARK: 37,400 SealsR - (10% Mass Transit Proximity Reduc#an) = 5,286 - (529) = 4,757 spaces r BALLPARK: 37,000 SeMsR - (10% Mass Transit Proxim ty Reduction) = 5,286 - (529) = 4.757 spaces BALLPARK: 37,000 SealsR - (10% Mass Transit Proximity Reduction) = 5,286 - (529) = 4,757 spaces 2 RETAIL: (61,6781300) - (110% Mass Transit Proximity Reduction) = 206 - (2 1) =185 spaces 2 RETAIL: (53,6291300) - (110% Mass Transit Proximity Reduction) =179 - (18) =161 spaces 2 RETAIL: (53,629x300) - (10% Mass Transit Proxir111y Reduction) =179 - (16) =161 spaces ' RESIDENTIAL: (Ilunh+ 1114 units for visitors) = (96 x 9.6) =106 spaces TOTAL: 5,448 spaces ZONING INFORMATION SUMMARY ' RESIDENTIAL: (llunit+ 1110 units for visilors) = (96 x 9.6) =106 spaces TOTAL: 5,024 spaces 4 EDUCATIONAL Faculty. 1 hculty + Visitor: 111 OD sludenls + High Schoel:1110 students grades 11 & 12 (46 Faculty(Staff) + (S YiOtor) + (39 Sludents) = 93 spaces TOTAL: 5.011 spaces