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HomeMy WebLinkAboutAnalysis and MapsPLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. PROJECT INFORMATION Project Name: Miami Freedom Park Project Address: 1400 NW 37 Ave & portion of 1500 NW 37 Ave, Miami, FL APPLICANT INFORMATION Company Name: City of Miami & Miami Freedom P� Primary Contact: Iris Escarra Esq. Email: escarrai@gtlaw.com Secondary Contact: Brian Dombrowski, Esq. Email: dombrowskib@gtlaw.com STAFF RECOMMENDATION/DECISION Approved with 37 conditions as outlined in the Staff Analysis No. PZ-20-6114 GRAPHIC MIAMI 21 (EXISTING) EPLAN ID: PZ-20-6114 SPECIAL AREA PLAN PIXRESSES WO IS. NW 37 AV tsooFeei Si a gI I 447 TT[ iWIITi WI `Tffllllll l llI This submittal needs b be scheduled for a public hearing accordancein w1h timelines set forth in the Cry of MiamCcde.The appuica de decision -making bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 PLANNING DEPARTMENT INFORMATION Lead Staff: Efren Nunez Principal Division: Land Development Email: efrennunez@miamigov.com PROJECT DESCRIPTION City of Miami (the "Applicant"), along with the prospective lessee, Miami Freedom Park, LLC, (the "Lessee") is requesting to establish a Special Area Plan (SAP) called Miami Freedom Park, to modify the existing transect zone regulations for the Property. The Miami Freedom Park SAP proposes regional sports activity center including lodging, office and associated commercial, and parking areas, complimented by a large pedestrian promenade, plaza and a 58-acre public park. Webs Link(s): https://www.miamigov.com/My-Governo BOARD REQUIREMENTS n HEPB n UDRB n City Commission I -I PZAB n WDRC n AIPP Existing Transect Zone(s): CS Existing FLUM(s): Parks and Recreation Commissioner District(s): D1 - Alex Diaz de la Portilla Department of Human Service Neighborhood Service Center(s): Allapattah Revision Date: 06/17/2022 Department Director: Lakisha Hull, AICP, LEEP AP BD+C City of Miami Planning Department ANALYSIS FOR SPECIAL AREA PLAN "MIAMI FREEDOM PARK" This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render e recommendation or a final decision. Staff Analysis Report No. (PZ 20-6114) Applicant City of Miami Lessee Miami Freedom Park, LLC (Lessee portion of SAP Area) Location 1400 NW 37" Avenue and a portion of 1550 NW 37' Avenue Current Transect Civic Space (CS) Current MCNP Designation Public Parks and Recreation Commission District District 1 (Commissioner Alex Diaz de la Portilla) Department of Human Service Neighborhood Service Center Allapattah Planner Efren Nunez, Planner II A. REQUEST Pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, of Ordinance 13114 ("Miami 21"), as amended, the City of Miami (the "Applicant"), along with the prospective lessee, Miami Freedom Park, LLC, (the "Lessee") is requesting to establish an Special Area Plan (SAP) called Miami Freedom Park, generally located at 1400 NW 37 Avenue and a portion of 1550 NW 37 Avenue (the "Property") to modify the existing transect zone regulations for the Property to the extent indicated herein and proposes a change to the Future Land Use Map (FLUM) per (File ID: PZ-20-6123) fora portion of the property. The Miami Freedom Park SAP proposes regional sports activity center including office and associated commercial, and parking areas, complimented by a large pedestrian promenade, plaza and a 58-acre public park as follows: 1. The Miami Freedom Park SAP is composed of approximately 130 acres (5,677.404 square feet) of public land consisting of Abutting contiguous properties. 2. Of the 130 acres proposed for the Miami Freedom Park SAP, approximately 73 acres (3,179,880 square feet) of public land is leased to Miami Freedom Park, LLC. Said lease was approved by the Miami City Commission on April 28, 2022, per Resolution No.22-0156. This area is referred to in this report as the "Leased Property." 3. The remaining area 58 acres (2,526,480 square feet) of the Miami Freedom Park SAP is owned and operated by the City of Miami ("Owner") within the City of Miami jurisdictional limits. This area is referred to in this report as the "City Property." PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 1 10/19/2021 This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. 4. The SAP Masterplan proposal is to construct a 25,000-seat soccer stadium, a minimum of 750 hotel rooms, 600,000 SF of commercial, 400,000 square feet of office space, 5,100 parking spaces, a 240,000 SF Pedestrian Promenade, a 420,000 SF Plaza, and a 1,260,000 SF Green Civic Space type. Furthermore, the MFP SAP Area proposes remediation and improvements for a 58-acre park space. Said 58-acre park space does not include, but is abutting to, the existing Grapeland Park baseball fields and waterpark. PROJECT DATA PZ-20-6114 06/29/22 SURROUNDING USES Miami 21 MCNP / Density Existing Use North Outside the City jurisdictional boundary Outside the City jurisdictional boundary Vacant land (upland and submerged lands) owned by the City of Miami and located within Miami Dade County's jurisdiction for zoning and development. South NW 14th Street and 836 Highway Right of Way Right of Way East T3 Sub -Urban Transact Zone Single Family Residential Single Family Homes West NW 42nd Avenue and State Road 953 General Commercial Lejeune Road RELATED APPROVALS Date Action N/A B. BACKGROUND The Applicant owns the existing land which is the subject to a current management agreement for the Melreese Country Club, International Links Management Agreement to operate a public golf course of approximately 131 acres. The Property is located along the City of Miami jurisdictional boundary to the North, Northwest,42nd Avenue State Road 953 (Lejeune Road) to the West, State Road 836 and NW 14th Street to the South, and the single-family neighborhood known as Grapeland Heights to the East. Furthermore, the site Abuts the existing Grapeland Park, currently improved with baseball fields and a waterpark. Beyond the City's jurisdictional boundary to the North and Lejeune Road to the West is the Miami Dade County International Airport. A portion of the SAP Area Property is subject to a lease with Miami Freedom Park, LLC, as approved by Miami City Commission via Resolution Number 22-0156 which was subject of a referendum in November 2018 and approved by voters of the City of Miami. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 2 10/19/2021 The City of Miami has owned the entirety of the SAP Area Property since the 1930s-1940s when it was used as an incinerator disposal location. In the 1970s, the SAP Area Property was improved to be used as a public golf course. The management agreement for golf course expired in 2021, and the golf operations are anticipated to remain until the Leased Property is ready for the redevelopment to commence. This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applies de decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 A unique characteristic of the Property is its location adjacent to Miami International Airport and at the intersection of multiple highways, major roads, and the Miami Intermodal Center (MIC). The MIC is an existing multimodal transportation hub consisting of rail, bus, transit and vehicles. Miami -Dade County is currently in the process of designating the areas north of the SAP Area Property as a Rapid Transit Zone to encourage redevelopment incorporating the existing mobility hub, as depicted in the below image. Palmer Lake Metropolitan Urban Center Sf PROPOSAL: RTZ — Miami Intermodal Center RTZ EAST -VEST- Exparlalorr 2 Miami Interrn .31 r rrer Parcata being sciclei pi I: 3 312e- 1-0f1O 3 3129-031-0020 30-3129-EI 1 -C#32' Only parIcsr or the 'GIlo wit covered by'tha Palmer L3ka Urban Corder The Miami Freedom Park SAP proposes certain modifications to the existing Zoning, Future Land Use designations, and Miami 21 regulations for the Property in order to redevelop the property in accordance with the 2018 referendum and in accordance with the terms of the Lease. The proposed SAP will include the following: • Within the Leased Property, a rezoning from of 12.570 acres from CS to CI, and of 8.207 acres from CS toT6-8-O. • Within the City Property, a rezoning of 2.131 acres from CS to T6-8-O. • Modifications to underlying Transect Zone regulations including but not limited to: Density, Intensity, Height, Parking, Building Disposition and Configuration, Public Art and Signs. • Public right-of-way improvements, plaza and civic space • The remediation of approximately 130 acres of contaminated property. • Development of a new fifty-eight (58) acres of park space. • Establishing procedures for SAP Permits PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 3 10/19/2021 4 P U RL,C ,s,\ Table #1 below, is a basic approximate comparison of existing entitlements and requested entitlements: NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render s recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO Table #1: Approximate Entitlements Existing Conditions Proposed SAP Difference TRANSECT ZONE CS Civic Space CS Civic Space CI Civic Institutional T6-8-O Urban Core No Change Same Increase in FLR, Height and Lot Coverage DENSITY N/A 150 du/ac for T6-8 150 du/ac Increase to permit Lodging Uses and Apartment Hotel Uses Increase of 1,231 units HEIGHT 3 Stories (Abutting T3 permits a maximum Height consistent with T4 Regulations) 4 Stories for CS 18 Stories for CI 18 Stories for T6-8 Increase of 1 Story Increase of 15 Stories Increase of 15 Stories All Height is subject to MDAD and FAA approvals due to location adjacent to Airport FLR TOTAL N/A N/A N/A CI FLR Multiplier proposed in SAP LOT AREA 25.97 acres 25.97 acres No Change OPEN SPACE 75% N/A No Open Space requirements; SAP proposes a new 58 acre publicly accessible park PARKING N/A 5,067 Spaces required 5,100 Spaces provided PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 4 10/19/2021 Figure: Aerial of subject site FOLIO: - 30.3129,-00 a-0050 ,OUTSIDESAP-.- BOUNDARY FOL�O: _30= 312 9:0 0 0-O 160 OL 'SIDESAP BOUNDR PARTIAL FOLIO OUTSIDE SAP BOUNDARY C. ANALYSIS This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the Information al the pubic hearing to render s recommendation or a final decision. Miami Comprehensive Neighborhood Plan (MCNP) Existing Designation The existing Future Land Use Map (FLUM) designation for the Miami Freedom Park SAP property is "Public Parks and Recreation". The SAP application includes a companion FLUM amendment per (File ID: PZ-20-6123). The proposed FLUM designation is "Restricted Commercial" for 8.207 acres and "Major Institutional, Public Facilities, Transportation and Utilities" for 12.570 acres. These designations would allow for the soccer stadium, commercial, office and lodging uses. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 5 10/19/2021 %QQURi V© �3'o0 f1FR.. O 4- Illustration #1: Current Future Land Use Map Designation Illustration #2: Proposed Future Land Use Map Designation 1 I PROPOSED �.. e\ i RESTRICTED J - t 2: tit .J COMMERCIAL.- . . 7,,,,:r.-,..z.; — N17.....:::. .40010,............L.,....„ PRQPQSEQ un kno 13nn4 Ir ... : - 12.570 ACRES PARK AND RECREATION Jr / PARKS AND ( RECREATION PARKS AND RECREATION; z r.W 1711.4 ^� NW 1)71.. TER WO 15,1k TF'E hod 4,?FR NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code.The applicade decision -making body will review the Information at the pabge hearing to render s recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 6 10/19/2021 Miami 21 Code The existing Transect Zone classification for the Miami Freedom Park SAP is designated CS (Civic Space). Illustration #3: Current Miami 21 Transect Zone Designation This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 The proposed Zoning outlined in Illustration #4 shows that a transition of Height and Intensity will be made from east to west with a 100' CS buffer along NW 37' Avenue (Douglas Road) at the most Norther portion of the Property to the CI Transect Zone to T6-8 again. From the South to the north, the CS Transect Zone has a maximum Height of four (4) Stories which transitions to the T6-8 and CI Transect Zones at the Northern boundary of the Property. These zones have been proposed in a successional form to ensure that proposed development is concentrated in the North/Northwest of the Property and that proposed development properly transitions to the lower scale residential area to the East. The proposed zones will also allow for the soccer stadium as well as additional Commercial, Lodging, Apartment Hotel and Office Uses providing a new mixed use, pedestrian - friendly, urban development opportunity for the area. The new fifty-eight (58) acres park, which will remain zoned CS is also proposed to ensure programmed open space will be maintained and accessible to the general public. Height and building scale will transition from CS with a maximum height of four (4) stories to the T6- 8 and CI Transect Zones with a maximum height of 18 Stories subject to MDAD and FAA regulations and limitations. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 7 10/19/2021 Illustration #4: Proposed Miami 21 Transect Zone Designation This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica de decision -mating body will renew the Information al the pubic hearing to render a recommendation or a final decision. I PZ-20-6114 <V 06/29/22 - 9��e. R�v�w CO'°°�� SAP Criteria Upon approval, the Miami Freedom Park Special Area Plan (SAP), will comply with the Density, Intensity and Height allowed by the proposed zoning designation. The Regulating Plan governs the internal distribution of the development proposed that includes open space and civic spaces and allowing master planning of the Miami Freedom Park development. The approved Regulating Plan and Concept Book, supported by the proffered Development Agreement, will provide clear and comprehensive parameters for future development on the site. The following is a review of the request pursuant to the Special Area Plan criteria under Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Purpose: The purpose of a Special Area Plan is to encourage the assembly and master planning of parcels greater than nine (9) Abutting acres in size, in order to provide greater integration of public and private improvements and Infrastructure; to enable Thoroughfare connectivity; to encourage a variety of Building Heights, massing and Streetscape design, and to provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 8 10/19/2021 Criteria A: "The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan". Analysis: The proposed Special Area Plan consist of approximately 131 acres and is owned by the City of Miami. Findings: Consistent G �Q QusL.0 CO 0 4- 4 '-to NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO Criteria B: "A Special Area Plan shall be approved by the process of rezoning with or without Transect Changes". Analysis: The Special Area Plan application includes rezonings that will result in Transect Changes. The site is currently zoned CS. The proposed rezone helps transition height and intensity South to North and from East to West from CS to T6-8 and CI at the North and Northwest. CS Zones will also be proposed to ensure programmed open space will be maintained and accessible to the general public. Findings: Consistent Criteria C: "A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan". Analysis: The Miami Freedom Park SAP assigns Thoroughfares and Civic Space Types with appropriate transitions to Abutting areas as illustrated in the plans submitted. The Thoroughfare plan proposes Street Corridors and pedestrian pathways to encourage exploration of the entire SAP Property, to provide multiple points of access for future buildings and to ensure greater connectivity and walkability. The approximately 15-acres of Civic Space Types within the Leased Property and the new 58-acre park encourage pedestrian interaction. In addition, the SAP proposes the remediation of approximately 130 acres of contaminated land, allowing the redevelopment of the Leased Property and allowing for the conversion of a public golf course to a new 58-acre park. The SAP has placed a significant emphasis on the Civic Space Type development which includes an approximately 240,000 sq. ft. Pedestrian Promenade and a 420,000 sq. ft. Plaza and 1,260,000 SF of a Green Civic Space Type. These spaces will serve future patrons of the SAP Area as well as the general public. The proposed Transect Zones establishes an appropriate successional transition. The proposed scale will allow for development of the soccer stadium, commercial, lodging, and office uses in an area well served by mass transit options and is easily accessible by multiple highways. Findings: Consistent PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 9 10/19/2021 Criteria D: "A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5". Analysis: The applicant has submitted a Concept Book through the SAP submittal process that maps Thoroughfares and Transect Zones, and the Concept Book and Regulating Plan both highlight the SAP's deviations from Miami 21. Staff finds that the Concept Book and the Regulating plan provide for design review criteria as it pertains to Building Disposition, Building Configuration, Building Function, Density, Parking, lighting, sign, and ambient standards. G �Q Qusl.r�y\ O 4- a. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render e recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO Findings: Consistent Criteria E: "A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to a Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvements within the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares". Analysis: The total SAP area is 5,677,404 square feet, which results in 283,870 square feet of required Civic Space to be provided. The SAP proposes three (3) distinct Civic Spaces, as identified below: The Pedestrian Promenade is a 240,000 square foot Civic Space Type located within the CS portion of the Leased Property. The Plaza is a 420,000 square foot Plaza and pedestrian passage located within the CS portion of the Leased Property and surrounding the Cl/Stadium. The Green within the City Property maintaining 1,260,000 SF of Green Space Type. In total, the SAP is proposing 1,920,000 square feet of Civic Space or 12% of the SAP Area and 21% of the Leased Property, which exceeds the 5% amount required within Miami 21. Findings: Consistent Criteria F: "Development within the Special Area Plan shall be pursuant to a recorded Development Agreement that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits". Analysis: A Development Agreement between the Lessee and the City of Miami has been submitted in accordance with the above criteria and will be considered by the City Commission. The proposed Public Benefit program is identified below (as table PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 10 10/19/2021 #2) and followed by the Lessees request to be exempted from specific public benefits (see Exemptions Table #3). This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 Table #2 Proposed Public Benefit Program Benefit/Improvements Description Estimated Cost Park Fund Contribution Developer will make certain contributions for the acquisition of and improvements to City parks. $20,000,000.00 Baywalk Contribution Developer will make certain contributions for the benefit of the City's Baywalk-Riverwalk Projects $5,000,000.00 Public Park Development Developer will deliver to the City a 58 acre public park with certain improvements. TBD Living Wage Developer will provide a living wage for its on -site employees and establish other programs related thereto TBD Responsible Wage Developer will pay responsible wages for laborers and mechanics performing work on the Stadium TBD Union Labor Developer will use good faith efforts to have twenty percent (20%) of the construction labor force, including electrical workers, comprising of union employees TBD Hiring Preferences Developer will include in its prime construction contracts requirements providing for hiring preferences for City residents and, subsequently, Miami -Dade County residents TBD Ex -Felon Outreach Developer will establish programs to promote the employment of ex -felons within the Project TBD District 5 Participation Developer will establish programs to include individuals residing within the boundaries of District 5 of the City Commission within the retail and concession areas located within the Project TBD Soccer Programs Developer will establish programs to encourage participation of women in soccer and make available the "Sports Fields" free of charge to residents of the City that are sixteen (16) years or younger TBD Total $25,000,000 + PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 11 10/19/2021 This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render e recommendation or a final decision. PZ-20-6114 06/29/22 Table #3 Request to waive a required public benefit per Miami 21 Code and Chapter 62 of the City Code specifically as it pertains to Public Art requirements. Exemption from providing a required public benefit Description Estimated waiver Amount Public Art Requirement Developer seeks an exemption from the required public benefit to not provide Public Art for the lessee portion of the SAP. Development cost ($1.3 billion dollars) based on 2020 figures $19,500,000.00 Total $19,500,000.00 - On January 12, 2017, the Miami City Commission pursuant to Ordinance No. 13114 established the Public Art Program, requiring all Government Development Projects to set aside 1.5% of the Project Cost for the acquisition, commissioning, and selection of Art for the Development Project in accordance with the criteria and standards set forth in the adopted Public Art Master Plan and Public Art Program Guidelines (the "Master Plan"). Pursuant to the Miami 21 Code, a "Government Development Project" is defined as: Any Development initiated by a government agency, as defined in Article 1 of the Miami 21 Code and Section 2-11.15 of the Miami -Dade County Code, as amended, including remodeling, construction, or redevelopment, which requires a Building permit or permits as described on the precise plan submitted for approval to the City. For purposes of this article a, Government Development Projects shall also include: • Private Sector Capital Development on land own by the government or on private land with the Structure owned by the government. • Development projects done through agreements with a private entity, including but not limited to leases or development agreements (i.e. the government contracts with another party to develop a Structure that the government will own now or in the future). Furthermore, on March 10, 2022, the Miami City Commission pursuant to Resolution No. R-22- 0107 adopted the City of Miami Public Art Master Plan and Program Guidelines in accordance with Ordinance No. 13114 which established specific standards and criteria for the integration of public art at Major Facilities as outline in Section IV(A) of the Public Art Master Plan and Program Guidelines as further described below: PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 12 10/19/2021 G �Q Qusl.r�y\ O 4- Major Facilities "Art work projects will be developed in concert with long-range facility planning. A balance will be sought between works on a large scale and works which relate to areas where people congregate, wait, rest or engage in social activity. Location of art works, advertising, functional installations and signage will be planned to avoid conflicts." NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render e recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO 1. Sports Venues. As the principal destination area for sports and entertainment in the greater Miami area, sports venues offer a unique opportunity to display the area's cultural, historic and environmental diversity through the integration of public works of Art. Priorities for art work(s) include: a. Major entry and exit points. b. visitor areas, plazas and principal facades c. Perimeter areas which interface with surrounding communities, where works of art can provide amenities and encourage use by the public to ease the transition between the sports venue and its surroundings. d. Areas visible from surrounding thoroughfares and public places The Master Plan pursuant to Section XI titled "Urban Design Framework for Public Art in Special Area Plans" states "Incorporating public art into the fundamental aspects of planning of large- scale development projects, elevates the quality of the urban environment and promotes a cohesive vision for the development project and its connection with the immediate neighborhood. Including public art considerations in Special Area Plans and Regulating Plans redefines the relationship of art to urban space as an integral part of the built and the natural environment, as outlined in Article 4, Table 12 titled "Design Review Criteria" of the Miami 21 Code." Establishes criteria that all appropriate planning documents associated with a Special Area Plan should contain a set of prioritized public art goals and opportunities including but not limited to the following: a. Identify and define public art goals, guidelines, and opportunities that include the examination of character, connections, history, and culture. b. Outline criteria for placement of public art, including appropriate material and scale. c. Classify and identify high -visibility placement opportunities for the integration of public art that promote pedestrian interactions, incorporate works of art into architecture that activates facades and the public realm. d. Describe programming ideas for temporary public art installations. Staff notes Miami Freedom Park LLC (the "Lessee") seeks to develop approximately a ($1.3 billion dollar) mixed -use major sports venue on government land at the gateway to the City of Miami and Miami International Airport. This would be the largest private capital development project on government land owned by the City to date. Staff finds the request to exempt all development within the lessee area from public art requirements on government land is inconsistent with the intent and purpose of the SAP, which is to provide for but not limited to, greater integration of public and private improvements; and to provide high quality design elements. Staff further finds the intent of the lessee to redefine "Government Development Projects" as further described in Section 1.5 titled "Definitions of Art in Public Places" and Section 3.17 of the Regulating Plan to PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 13 10/19/2021 exempt all development from providing the required public benefit (Public Art) to be inconsistent with the Criteria as outline in subsection F as it pertains to the "...creation and retention of the public benefits", and the Miami 21 Code, Article XVI of the City Code titled "Art in Public Places Program" and the City of Miami Public Art Master Plan and Program Guidelines. Proposed text may also be to be in conflict with Section 2-11.15 of the Miami Dade County Code titled "Art in Public Places". The following Sections shall be removed from the Regulating Plan: Section 1.5 titled "Definitions of Art in Public Places," and Section 3.17 titled "Public Art Requirements," Findings: Conditionally Complies subject to the removal of Sections 1.5 titled "Definitions of Art in Public Places," and Section 3.17 titled "Public Art Requirements", of the Regulating Plan. This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body wlli renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 Criteria G: "Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, prior to issuance of the Building Permit". Analysis: On June 8, 2022, a virtual recorded meeting of the Coordinated Review Committee "CRC" took place in which the committee reviewed the SAP and provided comments. The Miami Freedom Park SAP is governed by a set of plans entitled "Miami Freedom Park Special Area Plan Concept Book" as prepared by Arquitectonica and Arquitectonica GEO, consisting of 114 pages under ePlan (PZ 22-6114) As of the date of this report the Lessee is actively working on addressing outstanding comments raised at the meeting. Specifically, Miami -Dade County Aviation Department noted the placement of certain buildings in the SAP to be located within the outer safety zone of the airport as further depicted in Sheet A- 16. Citing additional information was warranted with reservation. As such the Lessee continues to work with Miami -Dade County Aviation Department and other public Agencies and Departments to address outstanding comments. *CRC Virtual recorded meeting link: https://cityofmiamifl- my.sharepoint.com/personal/rlopezaldana miamigov com/Documents/Recordin gs/Call%20with%20Aleiandro%20and%2019%20others-20220608 110342- Meeting%20Recording.mp4?csf=1 &web=1 *A copy of the virtual CRC recorded meeting may be obtained from the Planning Department upon request. Findings: Conditionally complies subject to resolution of all outstanding comments and approval from all applicable agencies. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 14 10/19/2021 This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. Criteria H: A Special Area Plan may include: 1. "A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile -oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B-Grid shall not exceed thirty percent (30%) of the total length within a Special Area Plan. For Frontages on the B-Grid, parking areas may be allowed in the Second Layer". PZ-20-6114 06/29/22 Analysis: A differentiation of the Thoroughfares as a Primary streets and a Secondary streets have been submitted as shown on sheet A-22 of the Concept Book. The Secondary Frontages do not exceed 30% of the total length within the SAP. Findings: Consistent 2. "Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than seventy percent (70%) glazed in clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer". Analysis: Retail frontage is provided at sidewalk level along the entire length of the frontage as depicted in Sheet A-46 of the Concept Book. Glazing requirements are maintained within the SAP Regulating Plan. Findings: Consistent 3. "Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within the First Layer may apply towards Open Space requirements". Analysis: The proposed Miami Freedom Park SAP does not include Galleries or Arcades. Findings: Consistent PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 15 10/19/2021 4. "Build -to -lines that differ from Transect Zone Setback requirement". Analysis: Build -to -lines differ from the Transect Zone setback requirements as depicted in Illustration 5.11 of the Miami Freedom Park SAP Regulating Plan and Sheets L-05 through L-14 of the Miami Freedom Park SAP Concept Book. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO Findings: Consistent 5. "A Terminated Vista location, requiring that the Building be provided with architectural articulation of a Type and character that responds to the location". Analysis: The Miami Freedom Park Stadium is located at the junction of multiple terminating vistas within the SAP. The stadium design features prominent architectural features, with a large public plaza at the principal entrance. The stadium as serves as a focal point within the SAP. Findings: Consistent 6. "A Pedestrian Passage, requiring a minimum ten (10) foot wide pedestrian access be reserved between Buildings". Analysis: A Pedestrian Passage ranging from sixty (60) feet to one hundred forty (140) feet in width has been provided where required as per Sheet L-14 of the Concept Book. Findings: Consistent 7. "A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan". Analysis: The Property is not Historically Designated, proper measure will be taken to ensure the preservation of legacy trees located within the site in accordance with City code requirements. Findings: N/A 8. "Area Design Guidelines". PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 16 10/19/2021 Analysis: The Applicant has submitted a Regulating Plan and Concept Book that includes Design Guidelines for the Miami Freedom Park SAP. Findings: Conditionally Complies This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 9. "A parking management program that enables shared parking among public and private Uses". Analysis: A parking management program that enables shared parking among public and private Uses for the aggregate SAP Area is provided within the centralized parking garage. Findings: Consistent 10. "Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions". Analysis: The proposed highest intensity zoning designations, T6-8 and CI are concentrated within the Northern portion of the site, providing for an appropriate transition from Abutting lower Transect Zone properties. T6-8 and CI have a proposed maximum height of eighteen (18) stories subject to MDAD and FAA regulations and limitations. The proposed maximum building height and intensity within the SAP support pedestrian -oriented and mixed -use Density and Intensity of Uses that relate to the existing transit services. Findings: Consistent The following is a review of the request pursuant to the criteria under Article 7 and Section 7.1.2.8 of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria 1: "(a) The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 17 10/19/2021 Criteria 2: Comprehensive Plan; the Miami 21 Code; and other city regulations. (b) The need and justification for the proposed changes necessary." (a) The proposed amendment is consistent with the underlying Future Land Use Map designation of Restricted Commercial. The Uses and Densities proposed are provided for in this FLUM designation. Further analysis of a FLUM change for the SAP is provided through the companion item (PZ 20- 6123). This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 (b) The SAP is intended to provide a quality, multi -modal activity node with a mix of uses including a soccer stadium, Office, Commercial, and Lodging uses that leverage the accessibility and proximity of mass transit opportunities that abut the SAP Area. The Miami Intermodal Center (MIC) is the convergence of multiple mass transit options and is located directly North of the SAP Area. The SAP establishes a mixed -use project with significant open space including a new 58 acre public park. The SAP's scale and framework of development regulations including heights, setbacks, and facade requirements insure compatibility with its surroundings. The SAP regulations are intended to emphasize compatibility with the surrounding neighborhood to the East and the existing uses to the North and West. "A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale". The proposed Zoning outlined in Illustration #4 of Section C shows that an appropriate zoning transition from the highest designation within the SAP of T6-8 and CI are located to the North and Northwest of the SAP Area. Existing CS zones provide a range of open space opportunities including parks, Plazas, and a Pedestrian Passages which break up building massing and scale. It has been determined that the scale of the building volume is in context with the adjacent neighborhood and that appropriate buffers are provided. The proposed development capacities will support pedestrian -oriented and mixed -use Density and Intensity of Uses that relate to existing transit services in the area. Criteria 3: "Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.9" See Criteria A - G Finding: In determining the appropriateness of the proposed "Miami Freedom Park Special Area Plan" (SAP)", the Planning Department reviewed this proposal and found that it maintains the goals of Miami 21. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 18 10/19/2021 D. Coordinated Review Committee In determining the appropriateness of the proposed Special Area Plan (SAP), the Planning Department referred this proposal for additional input and recommendation to: • City of Miami Office of Zoning • City of Miami Office of Capital Improvements and Transportation • City of Miami Building Department - Division of Environmental Resources • City of Miami City Attorney's Office • City of Miami Department of Resiliency & Public Works • City of Miami Building Department • City of Miami Parks Department • City of Miami Police Department • City of Miami Fire Department • Miami Parking Authority • Miami -Dade County Water & Sewer Department • Miami -Dade County Regulatory and Economic Resources Department • Miami -Dade County Public Works • Miami -Dade Aviation Department • Florida Department of Transportation District 6 • District 1 Neighborhood Service Center Office This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 This referral was made through the Coordinated Review Committee (CRC) requirement pursuant to Article 7, Section 7.1.1.3 of Miami 21. The CRC meeting was held on Wednesday, June 8, 2022. Recommendations from the above Departments have been considered in the recommendations of this report. E. Design Review Criteria: Soccer Stadium, Parking Garage and Public Park site plans included in SAP Approval sheets A-50 to A-82. DESIGN REVIEW CRITERIA BUILDING DISPOSITION • Respond to the physical context taking into consideration natural • Compliant features, the New Public Park, existing urban form, the MFP SAP's intent and SAP Transect Zone intentions. • For Buildings on Corner Lots, design Facades to acknowledge all Frontages including Pedestrian Promenade. • Create transitions in Height and mass within the MFP SAP Area and with Abutting properties and Transect Zones. • Not Applicable • Compliant PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 19 10/19/2021 BUILDING CONFIGURATION • Articulate the Building Facade vertically and horizontally in intervals appropriate to the existing Neighborhood, the MFP SAP Area and the SAP Transect Zone. • Articulate the Building Facade at street level and/or at Pedestrian Promenade level to recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings. • Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. • Design Facades that respond primarily to human scale. • Promote pedestrian interaction. • Where walls enfront the pedestrian realm, design all walls as active Facades, with doors and windows; when not possible, embellish walls with treatment. • Provide usable Open Space and Civic Space Types, including the New Public Park and Pedestrian Promenade, that allows for visible and convenient pedestrian access from the public sidewalk and pedestrian connections. • Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and communications equipment away from a street front. All service elements shall be situated and screened from view to the street and adjacent properties. This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 20 10/19/2021 BUILDING FUNCTION & DENSITY • Respond to the Neighborhood context, MFP SAP Area and SAP Transect Zone. • Enhance and attract the public with Uses and functions that support sporting and entertainment such as outdoor dining areas, recreational / athletic facilities, and flex spaces for outdoor markets and special events. This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 • Compliant • Compliant PARKING STANDARDS • Minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties, especially T3 areas. • Improve off-street parking efficiency through transit incentivized parking reductions and centralized parking. • For pedestrian and vehicular safety minimize conflict points such as the number and width of driveways and curb cuts. • Off-street parking adjacent to a thoroughfare front should be located in accordance with the MFP SAP Regulating Plan and Concept Book. • Design landscaping or surface parking areas as buffers between dissimilar Uses, as detailed in the Regulating Plan and Concept Book. • Screen parking garage structures with Habitable Space or Architectural Treatments. Where Habitable Space is not provided, Architectural Treatments and landscaping shall screen the garage structure. LANDSCAPE STANDARDS • Preserve existing vegetation and/or geological features whenever possible. • Reinforce Transect Zone intention by integrating landscape and hardscape elements, in accordance with the Regulating Plan and Concept Book. • Use landscaping and hardscapinq to enhance Building design and continuity of Streetscape and pedestrian areas. • Use landscape material, such as plantings, trellises, pervious pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. • Provide landscaping that screens undesirable elements, such as • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant • Compliant L • Compliant PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 21 10/19/2021 surface parking lots, and that enhances open space and architecture. SIGN STANDARDS • Provide signage appropriate for the scale, Uses and character of the MFP SAP Area, establishment and immediate Neighborhood. • Signage is intended to be along Building Primary Frontage permitted in accordance with Article 10 of the Regulating Plan. • Number of Signs for an establishment shall not exceed the allowable amount per linear Frontage as specified in Article 10 of the Regulating Plan. • Monument Signs shall be located within the appropriate Setback and not to disrupt pedestrian activity. • Illumination and other lighting effects shall not create a nuisance to adjacent property or create a traffic hazard. AMBIENT STANDARDS • Provide lighting appropriate to the Building and landscape design in a manner that coordinates with signage and street lighting. • Orient outdoor lighting to minimize glare to the public realm and adjacent properties. • Protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 • Not Applicable • Not Applicable • Not Applicable • Not Applicable • Not Applicable • Conditionally Complies - To be provided prior to Building Permit for compliance with all applicable regulations. • Conditionally Complies - To be provided prior to Building Permit for compliance with all applicable regulations. • Conditionally Complies - To be provided prior to Building Permit for compliance with all applicable regulations. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 22 10/19/2021 4 PUBL,C ,s,\ F. RECOMMENDATION Pursuant to Miami 21 Code, Article 3, Section 3.9 and Article 7 of the Miami 21, as amended, the Planning Department recommends Approval with Conditions of the Miami Freedom Park Special Area Plan based upon the facts and findings in this staff report, regulating plan as well as the site plans for the Soccer Stadium, Parking Garage and Park as described on sheets A-50 to A-82. G. CONCLUSION NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 ''VIEW CO The applicant's submitted materials and analysis provided as part of this Special Area Plan application are consistent with the intent of Miami 21, the Comprehensive Plan, and all other relevant city regulations: The Planning Department Recommends Approval of the Special Area Plan (SAP) with Conditions CONDITIONS Based on analysis and findings, the Planning Department recommends Approval of the "Miami Freedom Park" SAP with the following conditions: 1. The development shall be substantially in accordance with the Regulating Plan and Concept Book entitled "Miami Freedom Park SAP as prepared Arquitectonica, Manica Architects and Arquitectonica GEO consisting of 113 pages dated stamped approved for hearing in ePlan (PZ 22-6114). 2. That the Stadium, Parking Garage and Proposed Park are developed in accordance with the plans included in the Concept Book pages A-50 to A-82. Other developments proposed shall be developed in accordance with the Regulating Plan and subject to an SAP permit as may be required therein. 3. The massing of the Parking Garage shall be reconfigured to incorporate an east — west Pedestrian Passage, open to the sky, that allows vehicle crossing via a bridge / connector above. The Pedestrian Passage shall provide clear and direct access to the Pedestrian Promenade within the Soccer Village to the east. The Pedestrian Passage shall have a minimum width of 20 feet and shall include enhanced architectural, landscaping and hardscape elements. 4. Any outstanding conditions requested by City staff for project PZ 22-6114 that modify, amend, alter, and/or change the Concept Book or Regulating Plan shall be provided to staff by Applicant or Lessee and approved by City staff prior to final approval before the City Commission, unless those conditions are imposed by the City Commission which will be incorporated into the final resolution as approved as to legal form by the City Attorney and rendered by the City Clerk. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 23 10/19/2021 5. The Applicant, Lessee, or successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 6. The Applicant, Lessee, or successor shall comply with all applicable requirements pursuant to Chapter 24 of the Miami -Dade County Code entitled "Environmental Protection". This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 7. The Applicant, Lessee, or successor shall meet all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of any building permit. 8. The Applicant, Lessee or successor shall meet all the applicable regulations from the Federal Aviation Administration (FAA) and Miami Dade County Aviation (MDAD) departments. Furthermore, due to the SAP Area being in close proximity to the Miami International Airport, development within the corresponding aviation zones and flight path restrictions, shall require compliance with Miami Dade County pursuant to Article XXXVII. Airport Zoning regulations, as may be applicable. 9. The Applicant is intending to redevelop 2.131 acres within the SAP Area, as an administrative office use in the future. Until such time, that 2.131-acre area parcel is intended to serve as an amenity to the park. Such areas are intended to be improved, used and operated in connection with the abutting parks and serve as a community amenity. Once the Applicant obtains a master building permit to redevelop such parcel for the anticipated administrative office use or at any time prior to then, the Lessee shall make park space improvements as further described in the Development Agreement to the parcels of land Owned by the City of Miami (Folio Nos. 30-3129-000-0050 and 0160) of a minimum equivalent size of 2.131 acres. Said improvement shall be reviewed and approved by the Planning and Parks and Recreation Directors. Such parcels are located within unincorporated Miami Dade County and the improvements require compliance and approval with the zoning and building permit regulations of Miami Dade County. 10. No TOD parking reductions shall be taken until either the proposed pedestrian -only bridge is constructed over the Tamiami Canal or the pedestrian facilities on the Douglas Rd bridge over the Tamiami Canal are reconstructed. 11. All building permits shall include extensive detail regarding the site planning and design methods to address sea level rise, water quality management, and mitigation of heat island effect. 12. A minimum amount of bicycle parking shall be provided as Long Term, as required by Miami 21, and shall be covered. 13. Sections 1.5 titled "Definitions of Art in Public Places," and Section 3.17 titled "Public Art Requirements," shall be removed from the Regulating Plan. 14. A Unity of title shall be required to include 1400 NW 37 AV within the TOD. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 24 10/19/2021 15. Fences and walls fronting NW 37th Avenue, and the T3-L transect zone should have a more restrictive height and should conform to regulations of the most restrictive Abutting Transect Zone (T3-L) for the portion of the site zoned CS. This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The appLKl o decision -mating bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 16. Allow the Miami Police Department to conduct a security survey, at the City's discretion, 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 SAP security and construction plans, or demonstrate to the Planning Director as to why such recommendations are impractical. 17. 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 SAP, 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. 18. Obtain approval or provide a letter of assurance from the Department of Solid Waste, that the SAP has addressed all concerns of the said Department prior to obtaining a building permit. 19. Applicant, Lessee, or successor shall comply with the City of Miami Art and Public Places Program, pursuant to the Miami 21 Code, Article XVI of the City Code titled "Art in Public Places" and the City of Miami Public Art Master Plan and Program Guidelines, as the SAP Area is owned by the City of Miami. 20. Lessee to demonstrate compliance with the applicable conditions contained in the Lease approved by the City Commission on April 28, 2022, by Resolution Enactment No. 22- 0156 as applicable to the development of the Leased Property. 21. Lessee to demonstrate compliance with the applicable conditions listed in the Development Agreement to be considered by the City Commission under Eplan File ID. 22-14684. 22. Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of any building permit: a) Declaration of Covenants and Restrictions providing that the ownership, operation and b) Maintenance of all Civic and Open Spaces, and any related improvements located thereon, shall be the responsibility of the property owner(s), their successor(s), or their designee in perpetuity; and c) Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title, if applicable, subject to the review and approval of the City Attorney's Office. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 25 10/19/2021 This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. 23. Prior to the issuance of a building permit, provide the Building Department — Environmental Resources with a certified arborist report that gives an assessment of each onsite tree, including those within the right of way and those whose canopies cross the property line from an adjacent lot. The report shall provide specifications such I as tree number, common name, botanical name, DBH, overall height, spread, and condition. Ensure each of these specifications are consistent with the tree disposition drawing. Color photographs in support of the assessment are also required. The report shall be dated no more than three (3) months from the time of submittal. A certified arborist can be found by visiting www.isa-arbor.com and selecting Find an Arborist on the homepage. PZ-20-6114 06/29/22 24. The Applicant, Lessee, or successor may be exempt to platting, as such prior to issuance of any building permit for a new building confirmation from the Department of Resiliency and Public Works shall be required. In the event that the SAP Area Property or any portion thereof is subject to the replatting process under City of Miami Code Chapter 54 and 55 regarding subdivision regulations prior to issuance of building permits for those portions of the property that contain the various public and private right-of-way dedications and lot reconfiguration that would trigger replatting. New/proposed street alignments shall meet all access requirements for emergency vehicles. Maneuvering diagrams for the approved Fire must be submitted along with the tentative plat submittal. All other building permits shall be subject to review and approval by the Department of Resiliency and Public Works; 25. The Applicant, owner, or successor shall comply with all Department of Resiliency and Public Works development conditions below: a. Site plan must show locations of Monument Line and Street Centerline along with their dimensions to the Base Building Line. Provide property boundary information in accordance with survey; b. All right of way improvements and public street cross sections shall be according to City of Miami Resilience and Public Works Engineering Standards. c. All driveway approaches shall be according to City of Miami Department of Resilience and Public Works Engineering Standards. d. A maintenance agreement between the City and the property owner is required for any non-standard improvements located in the right of way. e. Any right of way modifications to traffic signs and pavement markings require review and approval from Miami -Dade County Department of Transportation and Public Works — Traffic Engineering Division. f. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line. The maximum slope for a driveway ramp sloping upward toward the street is 1:20 for the last 20 feet to the property line. g. All encroachments into right of way shall conform to the provisions of Chapter 32 of Florida Building Code. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 26 10/19/2021 h. No run-off is allowed into right of way area. All storm water must be retained on site including the driveways and plazas on private property adjacent to public streets. Plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for storm water disposal, they must be located on -site in an open area to accommodate future maintenance access. i. All transitions from the established street profile grade to the proposed building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the right of way and the record profile street grade cannot be changed to accommodate the proposed building ground floor elevation. j. Right of way conditions must comply with American Disability Act (ADA) Guidelines. k. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer System Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Storm water, Erosion and Sediment Control permit. For information on a DEP permit application, please contact the Department of Resilience and Public Works Department at (305) 416-1200 or www.dep.state.fl.us/water/stormwater/npdes. I. Roadway restoration for all utility extensions, existing damaged pavement and pavement damaged during construction shall comply with City of Miami standards and requirements. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. m. Department of Resilience and Public Works requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Department of Resilience and Public Works, is constructed and maintained by the contractor throughout the duration of the lane closure. A maintenance of traffic (MOT) plan is required for any temporary right of way closure request. n. All landscaping installations and/or removal require permit application and approval from Building Department — Environmental Resources section. This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body wlli renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 26. Provide the Planning Department with a temporary construction plan for review and approval that addresses construction phasing and includes the following elements: a. Temporary construction parking plan, with an enforcement policy; b. Construction noise management plan with an enforcement policy; and c. 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 SAP. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 27 10/19/2021 27. Prior to the issuance of a master building permit for the construction of any new building(s), the Applicant or Lessee shall provide the Planning Department for review and approval as relative to that building permit: a. Environmental Impact Statement. b. Traffic Sufficiency Letter from the City of Miami, Office of Transportation. c. Final determination of Public School Concurrency and Capacity Reservation. d. Proof of compliance with applicable code provisions established by the following department or agencies, specifically: • City and County Public Works Departments, as may be applicable • Federal Aviation Administration, as may be applicable • Miami Dade Aviation Department, as may be applicable • Miami -Dade County Water and Sewer, as may be applicable • Miami -Dade County Traffic Engineering Division, as may be applicable • Miami Dade County Expressway Authority, as may be applicable • Florida Department of Transportation (FDOT), as may be applicable This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The appLKl o decision -mating bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 28. The " Miami Freedom Park SAP" includes a Development Review Process which addresses the build out of the project as identified in the Regulating Plan. All development within this SAP shall be submitted for review and approval by the Planning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9.1 .g. of Miami 21 and the SAP. 29. If the project is to be developed in phases and/or individual specific projects, the Applicant or Lessee 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. 30. The Applicant and Lessee shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state, and federal regulations, as may be applicable. 31. Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land subject to the Lease and is binding on the Lessee, its successors, and assigns, jointly or severally. PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 28 10/19/2021 4 PUBL,C ,s,\ '-N to 32. Prior to the effectuation of this SAP, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the Miami -Dade County Clerk of Courts. The covenant (standard master covenant and agreement form) shall run with the land, and shall be binding on any subsequent owners, heirs, or assigns., jointly or severally. The covenant with the conditions attached must be submitted to the Planning Department and the Office of the City Attorney for approval before being recorded. After recordation, a certified copy bearing the Book and Page Number and date shall be provided for inclusion in the case file. Fees required per City Code for Monitoring of Special Area Plan and Inspection and Field Compliance Review of Operations shall be paid to the City prior to the final clearance of this condition. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The appLKl o decision -mating bodywill renew the Information at the public hearing to render s recommendation or a final decision. PZ-20-6114 06/29/22 ReVI EW CO ' 44, 33. The Lessee shall defend, indemnify, and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City's processing and approval of this entitlement. The Lessee shall reimburse the City for all costs incurred in defense of such an action, including court costs, attorney's fees, and award of any damages against the City. If the City determines it necessary to protect the City's interest, the Lessee shall execute an indemnity and reimbursement agreement with the City with terms consistent with the requirements herein. The City shall notify the Lessee within a reasonable time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the Lessee of any action in a reasonable time, or if the City fails to reasonably cooperate in the defense, the Lessee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. The City shall have the sole right to choose its counsel, including the City Attorney's Office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the Applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. For purposes of this condition, the following definitions apply: "City" shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers; "Action" shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Lessee otherwise created by this condition. 34. As applicable, Applicant or Lessee, as defined in the approved SAP, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request for approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approved no later than two weeks prior to implementation of requested change or modification. 35. The Applicant, Lessee, or successor shall coordinate with the Planning Director for compliance with any recommendations or conditions to the Planning Director pursuant to the Urban Design Review Resolution dated June 15, 2022. 36. The Applicant, Lessee or successor shall comply with the UDRB condition as follows: "Break massing of the parking garage to establish an east — west Pedestrian Passage PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 29 10/19/2021 4 P U RL,C ,s,\ '-N to open to the sky, that allows vehicle crossing/bridges above. The design of the passage should emphasis opening to the soccer village to the east. 37. The Applicant, Lessee or successor shall coordinate with the Planning Director for compliance with any recommendations to the Planning Director pursuant to the Coordinated Review Committee meeting dated June 8, 2022. NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-20-6114 06/29/22 RSV! Ew CO' Ellis Digitally signed by Ellis, Jacqueline Tg-f-i-g-/AacqueiDate: Jel, Chief Land Development • n e 2022.06.28 i16:12:47-04'00' PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 30 10/19/2021 MIAMI 21 (EXISTING) EPLAN ID: PZ-20-6114 SPECIAL AREA PLAN ADDRESSES: 1400 & 1550 NW 37 AV 0 375 750 1,500 Feet NW-18TH ST F-411111 0 z N CI z N NW-22ND STD NW21ST ST CS NOTICE This submittal needs to be scheduled fore public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 07/12/22 Ir�O� SR'836 N`N T6-8-O NWa14THIST' SR83� T5-L -NW 13TH ST—T3=R — NW21STST r L Q' NW:20THISTJNII CO N. HWI ZNWI9TH TER I 11 NW19TH ST- 11 —NW-18TH TERAf1111fl I —NW 18TH ST- 11 H. . 0- NW 17TH ST ,..NW_16TH:TER 1111 i NWT16TH ST T3-L NW-15TH Sr — NI I �NW-14TH TER M IAM 121 (PROPOSED) EPLAN ID: PZ-20-6114 SPECIAL AREA PLAN ADDRESSES: 1400 & 1550 NW 37 AV 0 375 750 1,500 Feet NOTICE This submittal needs to be scheduled fore public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6114 07/12/22 _NW_18TH TER NW.18THST NWT16TH ST. T3-L AERIAL EPLAN ID: PZ-20-6114 SPECIAL AREA PLAN ADDRESSES: 1400 & 1550 NW 37 AV 0 375 750 1,500 Feet This submittal needs to be scheduled fore public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the Information at the public hearing to render a recommendation or a final decision. 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