HomeMy WebLinkAboutSubmittal-Planning Dept-AnalysisCity of Miami
Planning Department
ANALYSIS FOR
SPECIAL AREA PLAN
"MIAMI FREEDOM PARK"
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Staff Analysis Report No.
(PZ 20-6114)
Applicant
City of Miami
Lessee
Miami Freedom Park, LLC (Lessee portion of SAP Area)
Location
1400 NW 37th Avenue and a portion of 1550 NW 37th 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) for a 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
12.21-7 S'Ubrni -H-oJ- Pl ann i n y - Anethisis
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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
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 Transect
Zone
Single Family Residential
Single Family Homes
West
NW 42"d 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,42"d 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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
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.
RTZ — Miami Intermodal Center
RTZ EAST -WEST Expanakm 2
Mimi Warman Caller (WC)
Pawns being added roans):
9O4129-O31.0O1O
30-312S-031-0O2O
30-312; - 31- •
30-3t-O31-OD.90 a
• OI y portion of the NW not covered
by the Palmer Lake Urban Cotter
PROPOSAL:
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Table #1 below, is a basic approximate comparison of existing entitlements
and requested entitlements:
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
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Figure: Aerial of subject site
�"��•FOLlO �,,�...,.�,� X �} :`fit_ k � yFOLIO: �-;,,,
30.3129 000I0050, ' a' 30`'3129 000 0160
OU7SlDE.SAis �O�IfiSIDE AP
SOUtIDARY ++* 60tifiDARY.lk
€t: FOLIO:4
1 t3132-000-0030
9ti'.)
01 132-000=0090
PARTIAL•FOLIOr
r.ei:
Ot) TSIDE `SAPS
f
BOUNDARY t
C. ANALYSIS
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Illustration #1: Current Future Land Use Map Designation
Illustration #2: Proposed Future Land Use Map Designation
;, PROPOSED
ag MAJOR PUBLIC
' FACILITY
-12.570ACRES
s..
F
PROPOSED
#; RESTRICTED
COMMERCIAL
-8.207 ACRES
P0.F SaME
REO*ET'Y.JI{.
PROPOSED
„may RESTRICTED
<i. COMMERCIAL
�;'PARKSANDr. —2.131 ACRES
RECREATION ... (•.. ' ..`. e1
�,.", . `., PARKS AND. MO! 1511.1 a f Ys
^hW 1I1M 4.'
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 6
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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
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 37th 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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Illustration #4: Proposed Miami 21 Transect Zone Designation
3TH 9T::.
PROPOSED
#1 _• T6-8 : -77314T
—2 131 ACRES
L �T
NVO tit 'Hsr
Proposed rezoning includes the MFP
SAP overlay in the imoge above.
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 6
10(19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Criteria A:
Analysis:
Findings:
Criteria B:
Analysis:
Findings:
Criteria C:
Analysis:
Findings:
"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".
The proposed Special Area Plan consist of approximately 131
acres and is owned by the City of Miami.
Consistent
"A Special Area Plan shall be approved by the process of rezoning with or without
Transect Changes".
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.
Consistent
"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".
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 waikability. 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.
Consistent
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 9
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
#2) and followed by the Lessees request to be exempted from
specific public benefits (see Exemptions Table #3).
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
Ba alk 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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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."
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
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 Zink:
https://citvofmiamifl-
my.sharepoint.com/personal/rlopezaldana miamigov com/Documents/Recordin
qs/Call%20with%20Aleiandro%20and%2019%20others-20220608 110342-
Meetinq%20Recordinq.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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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".
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
Analysis: The Applicant has submitted a Regulating Plan and Concept
Book that includes Design Guidelines for the Miami Freedom
Park SAP.
Findings: Conditionally Complies
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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).
(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 fa9ade 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.
Criteria 2: "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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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
• Miami -Dade County Department of Cultural Affairs Public Art Division
• Florida Department of Transportation District 6
• District 1 Neighborhood Service Center Office
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
!BUILDING CONFIGURATION
i
• Articulate the Building Facade vertically and horizontally in
intervals appropriate to the existing Neighborhood, the MFP SAP
•
Compliant
Area and the SAP Transect Zone.
• Articulate the Building Facade at street level and/or at Pedestrian
•
Compliant
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.
•
Compliant
• Design Facades that respond primarily to human scale.
•
Compliant
• Promote pedestrian interaction.
•
Compliant
• Where walls enfront the pedestrian realm, design all walls as
•
Compliant
active Facades, with doors and windows; when not possible,
embellish walls with treatment.
• Provide usable Open Space and Civic Space Types, including
•
Compliant
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.
•
Compliant
;BUILDING FUNCTION & DENSITY
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 20
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
• 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.
• 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 Requlatinq Plan and
Concept Book.
• Compliant
• Compliant
• 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 Requlatinq 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
surface parking lots, and that enhances open space and
architecture.
• Compliant
• Compliant
• Compliant
• Compliant
• Compliant
• Compliant
• Compliant
• Compliant
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 21
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
:SIGN STANDARDS
• Provide signage appropriate for the scale, Uses and character of
• Not Applicable
the MFP SAP Area, establishment and immediate Neighborhood.
• Signage is intended to be along Building Primary Frontage
• Not Applicable
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
• Not Applicable
the Regulating Plan.
• Monument Signs shall be located within the appropriate Setback
and not to disrupt pedestrian activity.
• Not Applicable
• Illumination and other lighting effects shall not create a nuisance
to adjacent property or create a traffic hazard.
• Not Applicable
:AMBIENT STANDARDS
• Conditionally
Complies - To be
• 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.
JIVVIVGV 1JI IVI LV
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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
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 113 101 pages dated stamped
approved for hearing in ePlan (PZ 22-6114).
2. 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, partially 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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
5. The ,
requirements of all applicable departments/agencies as part of the
City of Miami building permit submittal process shall be complied
with.
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".
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 shall be met.
8. All the applicable regulations from the
Federal Aviation Administration (FAA) and Miami Dade County Aviation (MDAD)
departments -shall be met. 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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
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
maintenance of all Civic and Open Spaces on that portion of the Property subject to
the Lease, and any related improvements located thereon, shall be the responsibility
of the Lessee, their successor(s), or their designee in perpetuity; and
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 25
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
peed
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 Attorneys
Office.
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 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.
24. The Applicant, Lessee, or successor maybe if 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.
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 26
10/19/2021
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
g. All encroachments into right of way shall conform to the
provisions of Chapter 32 of Florida Building Code.
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.
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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 as
applicable.
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
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
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
Submitted into the public
record for item(s) PZ.16
on 7-28-2022 , City Clerk
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.
PZ-20-6114_SAP_1400 NW 37 Ave_Miami Freedom Park SAP — Page 30
10/19/2021