HomeMy WebLinkAboutItem #4- MAM-PAB-10.7.09PLANNING FACT SHEET
LEGISTAR FILE ID: 09-00024mu October 7, 2009 Item # P.4
APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of
Miami
REQUEST/LOCATION Consideration of a Major Use Special Permit for the Miami
Art Museum project, to be located at approximately 1075
Biscayne Boulevard, Miami, Florida
COMMISSION DISTRICT [Commissioner Marc Sarnoff - District 2]
LEGAL DESCRIPTION See supporting documentation
PETITION A Resolution of the Miami Planning Advisory Board
recommending approval or denial of a Resolution of the
Miami City Commission with attachment(s) approving with
conditions, a Major Use Special Permit pursuant to Articles
9, 13 and 17 of Zoning Ordinance No. 11000, as amended,
for the Miami Art Museum project, to be located at
approximately 1075 Biscayne Boulevard, Miami, Florida, to
construct an approximate a 77 foot high (four story)
structure to be comprised of approximately 96,154 square
feet of floor area to be used as Museum with Art Galleries
and Exhibition Spaces, Public Reading areas, Multipurpose
Rooms, Bistro Bar/Cafe, Studio and Seminar Classrooms, a
Curatorial Library, Special Event Space; and approximately
220 total parking spaces; making findings of fact and stating
conclusions of law; providing for binding effect; containing a
severability clause and providing for an effective date.
PLANNING RECOMMENDATION Approval with conditions
BACKGROUND AND ANALYSIS This will allow the development of the Miami Art Museum
project.
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
...................................................................................................................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
....................................................................................................................................................................................................................................................................................................................................
Date Printed: 9/25/2009 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
MIAMI ART MUSEUM
LOCATED AT APPROXIMATELY
1075 BISCAYNE BOULEVARD
LEGISTAR FILE ID: 09-0024mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Miami Art Museum project, located at approximately
1075 Biscayne Boulevard, Miami, Florida, has been reviewed to allow a Major Use
Special Permit per Articles 9, 13 and 17, to construct a mixed use complex comprised of
a new Four Story Building (77 feet 0 inches N.G.V.D. in height) of approximately 96,154
square feet of floor area to be used as a Museum with Art Galleries & Exhibition
Spaces, Public Reading & Multipurpose Rooms, Bistro, Bar/Cafe, Studio & Seminar
Classrooms, Curatorial Library, and Special Event Space, and will provide 220 off-street
parking spaces.
This Permit includes the following requests
This MAJOR USE SPECIAL PERMIT encompasses the following Special Permits
and Requests:
REQUEST, for a VARIANCE, as per, ARTICLE 19, Section 1901, ARTICLE 4, Sect.
401, PR Parks, Recreation and Open Space, to allow a relaxation of the terms of the
ordinance for required off-street parking space, subject to all applicable criteria;
Minimum required 242
Proposed 220
Request to be waived: 22
SPECIAL EXCEPTION, as per Article 4, Section 4.01, under Conditional Principal Uses
of PR Parks (2), to allow supporting social and entertainment services (such as
restaurants, cafes and retailing), by Special Exception with City Commission approval;
CLASS II SPECIAL PERMIT, as per, ARTICLE 9, Section 908.9, Waterfront Yards, to
allow a new development in waterfront yards;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1511, to allow any
development between Biscayne Bay and the first dedicated right-of-way;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2, to allow reduction of
loading berth dimensions as follows;
Required loading berth: Three (3) 12 feet wide x 35 feet long x 15 feet high
Proposed loading berth: One (1) 12 feet wide x 35 feet long x 15 feet high
Two (2) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary
structures, occupancies, and uses reasonably necessary for construction such as
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construction fence, covered walkway and if encroaching public property must be
approved by other city departments;
CLASS II SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5.2, to allow identification
and directional signs;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary
carnival, festival, fair or similar type event on privately owned or City -owned land such
as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for
temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-
street offsite parking for construction crews working on a residential project under
construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction
trailer(s) and other temporary construction offices such as watchman's quarters, leasing
and sales centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.3.2, to allow temporary
development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment
(a) permitting the operation of construction equipment exceeding the sound level of a
reading of 0.79 weighted average dab at any time and/or day subject to the City
Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable MAJOR USE SPECIAL, that the following conditions be
required at the time of issuance of Shell Permit instead of at issuance of Foundation
Permit:
- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner and/or a mandatory property owner
association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in
lieu of a Unity of Title.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that the proposed Miami Art Museum is a component of the overall
Museum Park Master Plan adopted by Miami City Commission on March 13, 2008 to
be developed in Bicentennial Park.
• It is found that the Miami Art Museum project is located within the Museum Park site
at the NE corner of the property overall which is bounded by Mac Arthur Causeway
to the North; Biscayne Bay to the East, Florida East Coast (FEC) slip to the South,
and Biscayne Boulevard to the West.
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• It is found that the proposed Miami Art Museum is placed in a site of approximately
5.86 ±acre (GLA) which is part of the approximately 30.00 ±acre (GLA) of the
Museum Park site.
• It is found that the proposed development project will benefit not only the immediate
area by creating a recreational and cultural activities center, as well as
complementary commercial uses serving areas, but the entire city with international
projection.
• It is found that the design of the proposed Miami Art Museum meets the Museum
Park Master Plan Guidelines
• It is found that the proposed Miami Art Museum is located within one thousand feet
from a Metro Mover station.
• It is found that the subject property is bounded by Mac Arthur Causeway to the
North; Biscayne Bay to the East, and spaces for the Museum Park complex to the
South and West.
• It is found that the proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed project is going to be developed in a site of 5.86 ±acre
(GLA) with 3.51 ±acre (NLA).
• It is found that the total non residential floor area for the 5.86 ±acre (GLA) site
96,154 square feet.
• It is found that the proposed supporting social and entertainment services (such as
restaurants, cafes and retailing), to the Miami Art Museum must be allowed by
Special Exception.
• It is found that the proposed total number of parking spaces (approximately 220) for
the project is below the required number of 242 parking spaces. The reduction only
can be granted by approving the requested Variance.
• It is found that the Economic Impact Analysis, prepared by Miami Economics
Associates, Inc. on November 16, 2008 states that the Miami Art Museum is a non -
for -profit entity; hence, it will not be required o pay ad valorem taxes on its new
facility to the City of Miami, nor Miami -Dade County nor the Miami —Dade County
Public School District.
• It is found that the same Economic Impact Analysis, prepared by Miami Economics
Associates, Inc. on November 16, 2008 states reflects that the project is expected to
cost approximately $ 32.500,000, and to employ approximately 720 workers during
construction (FTE -Full Time Employees); The project will also result in the creation
of approximately 77 permanent new jobs (FTE) for MAM operations
• It is found that the Large Scale Development Committee reviewed the project on
October 22, 2008 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
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It is found that on October 14, 2008, the City of Miami Public Works Department
provided a review of the project and commented that: (1) There is a 10 foot wide
platted "water utility" easement within the footprint of the proposed building. Re -
platting of the property is required to remove this easement from the building site.
Exception: the "water utility" easement is defined as a "private easement." As such,
a building permit may be obtained to construct upon the easement subject meeting
the requirements of City Code Section 55-14. The existing watermain located within
this easement must be removed or relocated in accordance with the requirements of
the Miami -Dade Water and Sewer Department.
It is found that the proposed project was reviewed by the Internal Design Review
Committee on July 14, 2009, and the following revised pertinent comments were
made: Museums Area Design Guidelines: (1) Provide details of the modified
Museum Drive layout and cross-section, (2) Provide revised plans with modifications
to the roadway incorporating wide landscaped walkways, as detailed in the Museum
Area Design Guidelines, and pedestrian connections from Biscayne Boulevard and
the Metromover station to the Museum Plaza and Baywalk along the Northern
Perimeter of the site; (3) Provide revised plans identifying how loading vehicles will
access and maneuver into the loading area along the northern perimeter of the Art
Museum site, (4) Provide revised plans identifying public entries are required along
the Plaza Frontage. Architecture: (1) Provide revised plans concealing views into the
parking area from the Park Promenade, Baywalk and Museum Drive, (2) Provide
details of the methods and enhanced materials that will be applied to the parking
area. Special treatment shall be provided for lighting and mechanical systems within
the garage that will integrate this equipment with the structure of the facility,
(3) Provide proofs of the outdoor video system approval by FDOT. In the event of
failing the permitting process for the proposed outdoor video for the north wall facing
1-395, provide revised plans showing alternate solutions to articulate this fagade.
Urban Design/ Site Layout: (1) Provide revised plans extending the pedestrian
sidewalk across all driveways and loading entries along the northern perimeter road
from Biscayne Boulevard to Biscayne Bay, (2) Provide revised illustrations of the
transition between the project and the park, and (3) Provide revised plan showing all
proposed planting materials labeled and referenced on planting list.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on July 15, 2009, which recommended approval.
It is found that the proposed project height of 77 feet AMSL at the proposed location
does not meet the review criteria, and does not require a Height Analysis or Letter of
Determination from The Miami -Dade Aviation Department, as per Determination
Number DN -08-09-076 issued by Miami International Airport on September 30,
2008.
It is found that on October 21, 2008, the City's Traffic Consultant, URS Corp.,
provided preliminary comments (Review # 197) of the Traffic Impact Analysis for the
Miami Art Museum project stating that the development approval of this site should
be conditioned upon the following Transportation Control Measures (TCM)
recommendations being implemented to recognize the credits given towards the
transportation concurrency management: (1) Encourage museum. staff to
participate in ridesharing programs through South Florida Commuter Services;
(2) Providing information to potential transit users on Miami -Dade current local and
.regional mass transit route and schedule. The information will be updated, when
necessary, at no less than six months intervals; (3) Promote mass transit use by
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encouraging museum staff to purchase transit passes and make them available at
discounted prices or no charge, or in lieu if subsidized parking; and (4) Encourage
employees to implement staggered work hours.
It is found that The Spinnaker Group submitted an Environmental Impact Analysis
Statement conducted by Jason Biondi which states "It is my professional opinion that
the proposed development site is appropriate and will have a favorable impact on
economy, public services, environment and housing supply within the immediate
neighborhood after reviewing the potential environmental impact associated with this
Project".
It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Non conformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Department, prior to commencement of
construction, demonstrating how the Police Department recommendations, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the City's Minority/Women Business
Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
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maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that
includes the following: a temporary construction parking plan, with an enforcement
policy; a construction noise management plan with an enforcement policy; and a
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval by the Planning Department prior to the issuance of any building
permits and shall be enforced during construction activity. All construction activity shall
remain in full compliance with the provisions of the submitted construction plan; failure
to comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate Class I Special Permit plans and detailed requirements for final review and
approval of each one prior to the issuance of any of the subordinate approvals required
in order to carry out any of the requested activities and/or improvements listed in this
development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an
interim plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are not
developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (1) Provide revised plans and cross
sections of the modified Museum Drive layout incorporating wide landscaped walkways,
as detailed in the Museum Area Design Guidelines, and pedestrian connections from
Biscayne Boulevard and the Metromover station to the Museum Plaza and baywalk
along the northern perimeter of the site; (2) Provide revised plans identifying how
loading vehicles will access and maneuver into the loading area along the northern
perimeter of the Art Museum site, (3) Provide revised details of the methods and
enhanced materials that will be applied to the parking area for lighting and mechanical
systems within the garage to integrate and conceal this equipment with the structure of
the facility, (4) Provide revised details of the proposed pavement material that reduces
the visual impact of the parking area, (5) Provide proof of approval from FDOT for the
projection of video onto the structure facing 1-395. In the event of failing the permitting
process for the proposed outdoor video for the north wall facing 1-395, provide revised
plans showing alternate solutions to articulate this fagade, (6) Provide revised plans
extending the pedestrian sidewalk across all driveways and loading entries along the
northern perimeter road from Biscayne Boulevard to Biscayne Bay, (7) Provide revised
illustrations and final elevations of the transition between this project and the park
promenade to the south and baywalk to the east, (8) Provide revisions to the Landscape
Plans as follows: (a) Proposed MAM landscaping is in conflict with proposed Park and
baywalk designs by Cooper Robertson and Partners (Park design consultant),
(b) Landscape plans need to show edges of pavements and limits of planting beds to
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clearly define the landscape areas, (c) Landscape plans require size and quantity
specifications as part of the plant lists for all plant materials, (d) Landscape plans must
show the limits and extent of ground cover and shrub plantings under the tree and palm
canopies. This is not shown graphically, and (e) Provide revised Landscape Plans that
address the aforementioned comments and clarify planting design.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (1) There is a 10 foot wide platted
"water utility" easement within the footprint of the proposed building. Re -platting of the
property is required to remove this easement from the building site. Exception: the
"water utility" easement is defined as a "private easement." As such, a building permit
may be obtained to construct upon the easement subject meeting the requirements of
City Code Section 55-14. The existing watermain located within this easement must be
removed or relocated in accordance with the requirements of the Miami -Dade Water
and Sewer Department.
13) Pursuant to preliminary comments of the City's Traffic Consultant, URS
Corp., the development approval of this site should be conditioned upon the following
Transportation Control Measures (TCM) recommendations being implemented to recognize
the credits given towards the transportation concurrency management: (1) Encourage
museum. staff to participate in ridesharing programs through South Florida Commuter
Services; (2) Providing information to potential transit users on Miami -Dade current local and
.regional mass transit route and schedule. The information will be updated, when necessary,
at no less than six months intervals; (3) Promote mass transit use by encouraging museum
staff to purchase transit passes and make them available at discounted prices or no charge,
or in lieu if subsidized parking; and (4) Encourage employees to implement staggered work
hours.
14) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
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Projects in the Vicinity
Miami Art Museum
File ID #:09-01007mu
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No.
Name
Use
Units
Status
1
Ten Museum Park
Mixed Use: Residential,
Retail & Office
200
UNDER CONSTRUCTION
2
Marquis (1100 Biscayne Boulevard)
Mixed Use: Residential & Retail
310
UNDER CONSTRUCTION
C I T Y O F M I A M
P L A N N I N G D E P A R T M E N T
DESIGN REVIEW COMMENTS
MAJOR USE SPECIAL PERMIT
IDR 08-040
MIAMI ART MUSEUM
APPROX. 1075 BISCAYNE BOULEVARD
NET DISTRICT: DOWNTOWN
07.14.2009
COMMENTS:
The following comments represent the unified vision of the Pre -Application Design Review Committee, which
consists of staff members in the Urban Design and Land Development Divisions. The City of Miami strives to
achieve diverse, sustainable, pedestrian -friendly neighborhoods, promote transit connections, and provide safe
and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy.
Museums Area Design Guidelines
• Provide details of the modified Museum Drive layout and cross-section. Proposed modifications to
the roadway shall incorporate wide landscaped walkways, as detailed in the Museum Area Design
Guidelines, and shall provide pedestrian connections from Biscayne Boulevard and the Metromover
station to the Museum Plaza and Baywalk along the Northern Perimeter of the site.
• Clearly identify how loading vehicles will access and maneuver into the loading area along the
northern perimeter of the Art Museum site.
• Continue to coordinate the development of the Plaza space between the two museums. The Plaza will
serve as a link between the Park, Museum Drive, and the Metromover station. The Plaza is generally
open to the public to allow easy transition between the Park and Museums. Public entries are required
along the Plaza Frontage.
Architecture
The committee appreciates the efforts to provide a substantial landscape buffer along the sloped
embankment to screen views into the parking area. Final design solutions need to assure that all views
into the parking area will be obscured from the Park Promenade, Baywalk and Museum Drive.
Provide details of the methods and enhanced materials that will be applied to the parking area, as
discussed at the June 261' Coordination meeting. Due to the exposed nature of the garage, special
treatment shall be provided for lighting and mechanical systems within the garage that will integrate
this equipment with the structure of the facility. Additional treatment to the pavement shall be
provided to further reduce the visual impact of the parking area.
The committee agrees in concept to the projection of video along the Northern Elevation of the
MAM building. Please confirm that the outdoor video display meets all Zoning requirements and is
permitted by the Florida Department of Transportation considering the visibility from Interstate 395.
In the event that projections are not allowed, please provide alternate solutions that will articulate the
relatively blank wall along this facade.
Urban Design/ Site Layout
• Extend the pedestrian sidewalk across all driveways and loading entries along the northern perimeter
road to produce a uniform walking surface from Biscayne Boulevard to Biscayne Bay. Please
dimension the walkway width.
• Please illustrate how the MAM project meets the Park Promenade to the South and the Baywalk to
the East in an effort to provide a seamless transition between the project and the park.
• Please properly label and cross reference the planting plan to the plant list.
The Planning Department reserves the right to comment further on the project as details and/or explanations are provided
and may revise previous comments based on additional information.
It is our intention with these comments to aid in expediting Special Permit applications with your
voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays
particularly prior to a project's submission to the Large Scale Development Committee or the
Urban Development Review Board.
Page 1 of 1
Date: October 21, 2008
To: Lilia Medina, AICP
From: IRaj Shanmugam, P.E.
Subject: Miami Art Museum (Review # 197)
Preliminary Comments
The following issues need to be addressed and the additional information requested need to be
presented to complete our review of the traffic study:
The traffic study indicates that the trip generation rates were developed based on existing
weekday count data (Year 2005) from Miami Children's Museum. It is also indicated that
Special Events will most likely occur during weekday evenings or weekends outside of the
Downtown Miami traffic peak period. Given the proximity of this development to: American
Airlines Arena, James L. Knight Center and Bicentennial Park, where special events typically
occur during weekends and weekday evenings. Please indicate the special events traffic/transit
mobility considering that simultaneous events can occur at these developments in the vicinity;
2. Revise the southern project limit to NE 6th Street. However, make sure when you perform the
corridor analysis you take in to consideration any change in volumes between segments; ie.
There may be volume variations on US 1 among the north vs. south segments vs in-between
with the study limits. Similarly, the selected east/west corridor must also analyze the segment
volume variations;
3. Include the intersections of Biscayne Blvd. at NE 13th Street and Biscayne Blvd. at NE 12th
Street. Revising the study limits should not preclude analyzing traffic impacts of projects
outside the study limits that may have legitimate impact on roadways and intersections within
the study limits;
4. The Metromover Bicentennial Park Station is closed. The traffic study indicates that according
to Miami -Dade Transit Authority the train station is closed indefinitely and that once the
museum is opened it should be encouraged to be re -opened. Please indicate the museum
future transit use and distribution to this train station;
5. Identify recommendations to accommodate pedestrians;
6. Vehicle maneuverability details for driveway circulation and within the parking area need to be
presented. Give special consideration to loading/unloading of large trucks, and buses that may
transport large number of visitors to the site;
7. Please review the City of Miami Large Scale Development data and revise the study to include
all the committed developments within the radius of impact. The revise committed
developments should include but are not limited to: 900 Biscayne, Marina Blue and others
included in the City's data.
URS Corporation Southern
3343 W. Commercial Boulevard, Suite 100
Fort Lauderdale, Florida 33309-6375
Tel: (954) 7391881
Fax: (954) 739 1789
Page 2 of 2
The traffic study is based on higher future vehicle occupancy (1.6 persons per vehicle) and the use
of available public transportation in the City of Miami. As such, the traffic study states the developer
will consider Transportation Control Measures (TCM) to encourage the high vehicle occupancy and
the use of public transportation. The TCM consideration includes;
1. Encourage museum staff. to participate in ridesharing programs through South Florida
Commuter Services;
2. Providing information to potential transit users on Miami -Dade current local and.regional mass
transit route and schedule. The information will be updated, when necessary, at no less than six
months intervals;
3. Promote mass transit use by encouraging museum staff to purchase transit passes and make
them available at discounted prices or no charge, or in lieu if subsidized parking; and
4. Encourage employees to implement staggered work hours.
The traffic study states that because the proposed development is a museum,*.
useum, it typically has higher
vehicle occupancy. Also that the location is accessible from mass transit stations and that it
encourages pedestrian mobility due to its scenic location. The development approval of this site
should be conditioned upon this TCM recommendations being implemented to recognize the credits
given towards the transportation concurrency management.
Should you have any questions please call me at 954.739.1881.
Cc. Mr. Antonio E. Perez, Planner, City of Miami (Fax: 305.496.1443)
Mrs. Rita Carbonell, David Plummer & Associates (Fax: 305-444-4980) .
CITY OF MIAMI, FLORIDA - 5
, .uc.Vy .
INTER -OFFICE MEMORANDUM i�l_.�,tjtjji`Y�`� ��P R t iy1L1�
TO: Ana Gelabert-Sanchez, Director
Planning Department
FROM :
Stephanie N. Grindell, P.E., Director
Public Works Department
DATE: October 14, 2008 FILE:
SUBJECT: Large Scale Development Review -
Miami Art Museum
REFERENCES:
ENCLOSURES:
The Public Works Department has reviewed the Large Scale Development plans for the development entitled
Miami Art Museum located at Bicentennial Park and has the following comments.
1. There is a 10 foot wide platted "water utility" easement within the footprint of the proposed building.
Re -platting of the property is required is required to remove this easement from the building site.
Exception: the "water utility" easement is defined as a "private easement." As such, a building permit
may be obtained to construct upon the easement subject meeting the requirements of City Code Section
55-14. The existing watermain located within this easement must be removed or relocated in accordance
with the requirements of the Miami -Dade Water and Sewer Department.
2. The proposed building extends beyond.the tract boundary line of `Bicentennial Park" and onto the
"Belcher Oil Company Subdivision" property. This property is under the ownership of the Florida
Department of Transportation and leased to the City. Verify if the current lease agreement permits the
City to construct a permanent structure upon the "Belcher Oil Company Subdivision" property.
3. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the
course of construction unless a temporary replacement lane, approved by the Public Works Department,
is constructed and maintained by the Contractor throughout the duration of the lane closure. A
maintenance of traffic plan is required for temporary right of way closure request.
4. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the
neighborho.o , the Contractor / Developer shall be required to provide approved, designated off-site .
parking for workers and a shuttle service to the work site. The parking / shuttle plan shall be coordinated
with the local City of Miami NET Service Center.
5. Since this project is more that one acre in total construction area, the methods of construction. must
comply with City of Miami Municipal Separate Storm Sewer Permit (MSA). This project will require a
Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For
information on a DEP Permit application, please contact the Public Works Department at (305) 416-
1200 or www.dep.state.fl.us/water/stormwater/npdes.
Large Scale Development Review- .Miami Art Museum
October 14, 2008
Page 2 of 2
If you have any questions concerning these comments please call Mr. Leonard Helmers, Professional Engineer
IV, at extension 1221.
A*
SNG/LJIVcdt
c: Stephanie N. Griigdell, Director, Public Works Department
Roberto Lavernia, Chief of Land Development, Planning Department
Paratus Group
568 Broadway; Suite 602
New York, NY 10012
bc: Development and Roadway Plans
Central
C I T Y O F IIS I A M I
P L A N N I N G D E P A R T M E N T
URBAN DEVELOPMENT REVIEW BARD (L1 DRB)
07/15/2009
Resolution for Recommendation to the Director of Planning
Item No. 1: Miami Art Museum
A motion vvas made by Willy Bermello and seconded by Ernesto Santos for a resolution recommending to
the director of the Department of Planning u,pproval with conditions fora Major Use Special Permit for the
project Miami Art Museum located at 1075 Biscayne Boulevard with a vote of 6 to 1.
Vote Use
Yes
No
Recused
Absent
Todd B. Tmgask Chainnaa
®
❑
❑
❑
Juno Diaz, vice ch=n=
2
❑
❑
❑
Robert Behar}❑
®
❑
❑
V.Uy' Betr eno
L][
❑
❑
❑
Robin Bosco
®
❑
❑
❑
Rudolph 11Moteno
®
❑
❑
❑
Ernesto santos
❑
❑
❑
CarlosJurado
❑
❑
❑
❑
Conditions:
• Explore the possibilities to modify Museum Drive and to acknowledge this street as the main entrance
font both museums. Consider creating a more prominent roadway and pedestrian. corridor.
• Enhance ADA accessibility from the baywalk to the east, park promenade to the south and improved
Museum Drive to the west of the museum.
r �
Attest:
Ana Gel rt -S ez, D' ec r
Alexander Adams, UDRB Officer
M
MIAMI INTERNATIONAL AIRPORT
Commercial Airport:
Miami International Airport
General Aviation Airports:
Dade-CollierTraining & Transition
Homestead General
Kendall-Tamiami Executive
Opa-locka
Opa-locka West
Ms. Lucia A. Dougherty
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
2
September 30, 2008
Miami -Dade Aviation Department
P.O. Box 025504
Miami, Florida 33102-5504
T 305-876-7000 F 305-876-0948
www.miami-airport.com
miamidade.gov
RE: Determination Number DN -08-09-076 Airspace Analysis for MAM Miami Art
Museum, located at 1075 Biscayne Boulevard, Miami, FL
Dear,Ms. Dougherty:
Airspace Review:
The Miami -Dade Aviation Department (MDAD) has reviewed the above referenced Large Scale
Development received on September 25, 2008 for an airspace analysis and determination letter.
Please note that based on our cursory review of the project information provided to us, an
assumed project height of 77 ft. AMSL (Above Mean Sea Level), does 'not meet our review
criteria for its location and will not require a Height Analysis or Letter of Determination from
this Department and will not require a Height Analysis Review payment of $1,700.00. Under
separate cover we are returning the voided check, number 027699 (copy attached) in the amount
of $1,700.00 from Miami Art Museum of Dade County Association, Inc. to your attention.
Please note that any future changes in building locations/layouts or heights reaching or
exceeding an elevation of 200 ft. AMSL will void this determination. Any future construction or
alteration, including. an increase to heights requires separate .notice to the FAA and the Miami -
Dade Aviation Department.
This height determination is an estimate issued on a preliminary or advisory basis. It is not
necessary to file with the FAA for the structure height as stated above by using form 7460-1
`Notice of Proposed Construction Alteration for Determination of Known Hazards'. However,
any construction cranes for this project reaching or exceeding 200 ft AMSL (Above Mean
Sea Level) must be filed by the construction contractor using the same form The form is
available through this office or through the FAA website: https://oeaaa"faa gov, Phis form should,,_.
be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch ASW 5.20, 2501
Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developermay " e file e", at
Ms. Lucia A. Dougherty
September 26, 2008
Page 2
Please note that the airspace review process is governed by two different regulations: the
Miami -Dade County Height Zoning Ordinances and ,Federal Regulation Title 14 Part 77. The
FAA has its own airspace evaluation requirements, and issues airspace determinations for
structures and cranes based on the particular facts then presented before the FAA. The County's
Aviation .Department or the applicable municipal .building official determines whether the
County's height limitations are met, and FAA determines whether FAA building, marking and
height requirements are met.
This determination is based, in part, on the description provided to us by you, which includes
specific building locations and heights. Any changes in building locations/layouts or heights will
void this determination. Any, future construction or alteration, including an increase to heights
requires separate notice to the FAA and the Miami -Dade Aviation Department.
Furthermore, please note that upon completion of this project, no Certificate of Use and
Certificate of Occupancy shall be issued by a municipality or Miami -Dade County until approval
is obtained by this office certifying that the structure was built no higher that the height approved
by this letter. The_ approval shall be issued by this office after submittal by applicant of the
required information as outlined in the Miami International Airport (Wilcox Field) Zoning
Ordinance, Section 33-349 Airspace Approvals, Paragraph A, Subsection 2.
Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of
any further assistance, please feel free to contact me at 305-876-8080.
SiV4erely,
J46 A. khrAog, R -A.
C ief of Aviation Planning Section
C: N. Jolly
S. Harman
A. Herrera
Marc C. LaFerrier, Department of Planning and Zoning
D. Holness, Department of Planning and Zoning
Roberto Lavernia, City of Miami
Iris V. Escarra, Greenberg Traurig, P.A.
Marisol Rodriguez, Greenberg Traurig, P.A.
File Zoning
rfi
City of Miami
�s3
Iri
r nk °• '
Legislation
f (d 7 ;
PAB Resolution
File Number: 09-00024mu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI
CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI ART MUSEUM
PROJECT, TO BE LOCATED AT APPROXIMATELY 1075 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATELY 77
FOOT HIGH (FOUR STORY) STRUCTURE TO BE COMPRISED OF
APPROXIMATELY 96,154 SQUARE FEET OF FLOOR AREA; TO BE USED AS A
MUSEUM WITH: ART GALLERIES AND EXHIBITION SPACES, PUBLIC
READING AREAS, MULTIPURPOSE ROOMS, BISTRO BAR/CAFE, STUDIO AND
SEMINAR CLASSROOMS, A CURATORIAL LIBRARY, SPECIAL EVENT SPACE,
AND APPROXIMATELY 220 TOTAL PARKING SPACES; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on January 8, 2009, Iris V. Escarra, Esquire, on behalf of Miami Art Museum of
Dade County Association, Inc., Applicant and City of Miami, a Municipal Corporation (referred to as
"APPLICANT'), submitted a complete Application for Major Use Special Permit for the Miami Art
Museum (referred to as 'PROJECT") pursuant to Articles 9, 13, and 17 of Zoning Ordinance No.
11000, for the properties located at approximately 1075 Biscayne Boulevard, Miami, Florida, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Articles 9, 13, and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of
Miami, Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on October 22, 2008, to consider
the proposed PROJECT and offer its input; and
WHEREAS, the Urban Development Review Board met on July 15, 2009, to consider the
proposed PROJECT and recommended approval; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 7, 2009, Item
No. PA, following an advertised public hearing, adopted Resolution No. PAB * * by a vote of _ to
recommending approval with conditions as presented in the Major Use Special Permit
Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set
forth;
City of Miami Page I of 12 Printed On: 912412009
File Number: 09-00024mu
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in this Development Order, per Articles 9, 13, and 17 of Zoning
Ordinance No. 11000, for the Miami Art Museum project to be developed by the APPLICANT, at
approximately 1075 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A,"
attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximately 77 foot high
(four story) structure to be comprised of approximately 96,154 square feet of floor area to be used as
museum: with art galleries and exhibition spaces, public reading and multipurpose rooms, bistro
bar/cafe, studio and seminar classrooms, a curatorial library, and special event space; and
approximately 220 total parking spaces.
Section 4. The Major Use Special Permit Application for the PROJECT also encompasses the
lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood
Plan, as amended.
b. The PROJECT is in accord with the proposed SD -6 (Central Commercial Residential
District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of
Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
1) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Respond to the physical contextual Yes *Yes
environment taking into consideration
urban form and natural features;
(2) Sitting should minimize the impact Yes *Yes
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should Yes Yes
be oriented to the corner and public
City of Miami Page 2 of 12 Printed On: 912412009
File Number: 09-00024mu
street fronts.
Architecture and Landscape Architecture
Design Review Criteria
(1) A project shall be designed to
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood
context;
(3) Create a transition in bulk and
scale;
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
Pedestrian Oriented Development
Design Review Criteria
(1) Promote pedestrian interaction;
(2) Design facades that respond
primarily to the human scale;
(3) Provide active, not blank facades.
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space
Design Review Criteria
(1) Provide usable open space that
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
Applicability Compliance
Yes *Yes
Yes Yes
Yes Yes
Yes *Yes
Yes Yes
Applicability
Compliance
Yes
*Yes
Yes
Yes
Yes *Yes
Applicability Compliance
Yes Yes
Yes *Yes
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File Number: 09-00024mu
Material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
Vehicular Access and Parki
Design Review Criteria Applicability Compliance
(1) Design for pedestrian and Yes *Yes
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes Yes
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as N/A
district buffer.
VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that screen Yes Yes
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate Yes *Yes
service elements like trash
dumpster, loading docks, and
mechanical equipment away from
street front where possible. When
elements such as dumpsters,
utility meters, mechanical units and
service areas cannot be located away
from the street front they should be
situated and screened from view to
street and adjacent properties;
(3) Screen parking garage structures Yes *Yes
with program uses. Where program
uses are not feasible soften the garage
City of Miami Page 4 of 12 Printed On: 912412009
File Number: 09-00024mu
structure with trellises, landscaping,
and/or other suitable design element.
VIII Sianaae and Liahtin
Design Review Criteria
(1) Design signage appropriate for
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize
glare to adjacent properties;
(4) Provide visible signage identifying
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria
(1) Preserve existing vegetation and/or
geological features whenever possible.
IX) Modification of Nonconformities
Design Review Criteria
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
Applicability Compliance
Yes **N/A
Yes **N/A
Yes **N/A
Yes **N/A
Applicability Compliance
Yes Yes
Applicability Compliance
Yes N/A
Yes N/A
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with conditions.
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File Number: 09-00024mu
d. The PROJECT is expected to cost approximately $ 32.500,000, and to employ
approximately 720 workers during construction (FTE -Full Time Employees). The PROJECT will also
result in the creation of approximately 77 permanent new jobs (FTE) for the MAM operations.
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through
compliance with the conditions of this Major Use Special Permit;
(4) the PROJECT will efficiently use necessary public facilities;
(5) the PROJECT will not negatively impact the environment and natural
resources of the City;
(6) the PROJECT will not adversely affect living conditions in the
neighborhood;
(7) the PROJECT will not adversely affect public safety;
(8) based on the record presented and evidence presented, the public welfare
will be served by the PROJECT; and
(9) any potentially adverse effects of the PROJECT arising from safety and
security, fire protection and life safety, solid waste, heritage conservation, trees, and shoreline
development will be mitigated through compliance with the conditions of this Major Use Special
Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon
the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on January 8,
2009, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the
PROJECT as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is GRANTED
AND ISSUED.
Section 11. In the event that any portion or section of this Resolution or the Development
Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent
jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or
Development Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and
City of Miami Page 6 of 12 Printed On: 912412009
File Number: 09-00024mu
signature of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 9, 13, and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for the Miami Art Museum (hereinafter referred to as the "PROJECT") to be located at approximately
1075 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A", attached and
incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of
record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT of an approximately77 foot high (four story) structure to be comprised
of approximately 96,154 square feet of floor area to be used as museum: with art galleries and
exhibition spaces, public reading and multipurpose rooms, bistro bar/cafe, studio and seminar
classrooms, a curatorial library, and special event space; and approximately 220 total parking spaces.
The proposed PROJECT, to be used as a museum, will be located at approximately 1075
Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately
5.86± acres and a net lot area of approximately 3.51± acres of land (more specifically described on
"Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is
attached and incorporated as "Exhibit B".
This MAJOR USE SPECIAL PERMIT encompasses the following Special Permits and
Requests:
REQUEST, for a VARIANCE, as per, ARTICLE 19, Section 1901 and ARTICLE 4, Section 401,
PR Parks, Recreation and Open Space, to allow a relaxation of the terms of the ordinance for required
off-street parking space, subject to all applicable criteria;
Minimum required 242
Proposed 220
Request to be waived: 22
SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal Uses of PR
Parks , to allow supporting social and entertainment services (such as restaurants, cafes, and
retailing), by Special Exception with City Commission approval;
CLASS II SPECIAL PERMIT, as per, ARTICLE 9, Section 908.9, Waterfront Yards, to allow a
new development in waterfront yards;
City of Miami Page 7 of 12 Printed On: 912412009
File Number: 09-00024mu
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1511, to allow any development
between Biscayne Bay and the first dedicated right-of-way;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2, to allow reduction of loading
berth dimensions as follows;
Required loading berth: Three (3) 12 feet wide x 35 feet long x 15 feet high
Proposed loading berth: One (1) 12 feet wide x 35 feet long x 15 feet high
Two (2) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures,
occupancies, and uses reasonably necessary for construction such as construction fence, covered
walkway and if encroaching public property must be approved by other city departments;
CLASS II SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5.2, to allow identification and
directional signs;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival,
festival, fair or similar type event on privately owned or City -owned land such as a ground breaking
ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for
temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street
offsite parking for construction crews working on a residential project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s)
and other temporary construction offices such as watchman's quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.3.2, to allow temporary
development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a reading of 0.79
weighted average DBA at any time and/or day subject to the City Manager Exception pursuant to
Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable MAJOR USE SPECIAL, that the following conditions be required at
the time of issuance of Shell Permit instead of at issuance of Foundation Permit:
- The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions
providing that the ownership, operation and maintenance of all common areas and facilities will be
by the property owner and/or a mandatory property owner association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity
of Title.
Pursuant to Articles 9, 13, and 17 of Zoning Ordinance 11000, approval of the requested Major
City of Miami Page 8 of 12 Printed On: 912412009
File Number: 09-00024mu
Use Special Permit shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be required to
carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Paratus Group as PROJECT Director, Herzog & De Meurn as Design
Consultant, and Hendel Architects as Executive Architect, signed and dated September 22, 2008, and
subsequent revisions made on 11/05/08, 11/14/08, 8/03/09, and 9/14/09; and the landscape plan on
file prepared by Arquitectonica Geo dated September 14, 2009; said designs may be permitted to be
modified only to the extent necessary to comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the Planning Director prior to the issuance
of any building permits.
The PROJECT conforms to the requirements as contained in Zoning Ordinance 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future
land use designation on the subject PROPERTY allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
6) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
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File Number: 09-00024mu
permit resolution and development order, and further, an executed, record able unity of title or
covenant in lieu of unity of title agreement for the subject PROPERTY; said agreement shall be
subject to the review and approval of the City Attorney's Office.
7) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary
construction site; said plan shall be subject to the review and approval by the Planning Department
prior to the issuance of any building permits and shall be enforced during construction activity. All
construction activity shall remain in full compliance with the provisions of the submitted construction
plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit.
8) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class I Special Permits for which specific details have not yet been developed or provided, the
APPLICANT shall provide the Planning Department with all subordinate Class I Special Permit plans
and detailed requirements for final review and approval of each one prior to the issuance of any of
the subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
9) If the PROJECT is to be developed in phases, the APPLICANT shall submit an interim
plan, including a landscape plan, which addresses design details for the land occupying future
phases of this Project in the event that the future phases are not developed, said plan shall include a
proposed timetable and shall be subject to review and approval by the Planning Director.
10) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the APPLICANT: (a) There is a 10 foot wide platted "water utility"
easement within the footprint of the proposed building. Re -platting of the property is required to
remove this easement from the building site. Exception: the "water utility" easement is defined as a
"private easement." As such, a building permit may be obtained to construct upon the easement
subject meeting the requirements of City Code Section 55-14. The existing water main located within
this easement must be removed or relocated in accordance with the requirements of the Miami -Dade
Water and Sewer Department.
11) Pursuant to design related comments received by the Planning Director, the APPLICANT
shall meet the following conditions, previously to the issuance of any building permit: (a) Provide
revised plans and cross sections of the modified Museum Drive layout incorporating wide landscaped
walkways, as detailed in the Museum Area Design Guidelines, and pedestrian connections from
Biscayne Boulevard and the Metromover station to the Museum Plaza and baywalk along the
northern perimeter of the site; (b) Provide revised plans identifying how loading vehicles will access
and maneuver into the loading area along the northern perimeter of the Art Museum site, (c) Provide
revised details of the methods and enhanced materials that will be applied to the parking area for
lighting and mechanical systems within the garage to integrate and conceal this equipment with the
structure of the facility, (d) Provide revised details of the proposed pavement material that reduces
the visual impact of the parking area, (e) Provide proof of approval from FDOT for the projection of
video onto the structure facing 1-395. In the event of failing the permitting process for the proposed
outdoor video for the north wall facing 1-395, provide revised plans showing alternate solutions to
articulate this fagade, (f) Provide revised plans extending the pedestrian sidewalk across all
driveways and loading entries along the northern perimeter road from Biscayne Boulevard to
Biscayne Bay, (g) Provide revised illustrations and final elevations of the transition between this
City of Miami Page 10 of 12 Printed On: 912412009
File Number: 09-00024mu
project and the park promenade to the south and baywalk to the east, (h) Provide revisions to the
Landscape Plans as follows: (1) Proposed MAM landscaping is in conflict with proposed Park and
baywalk designs by Cooper Robertson and Partners (Park design consultant), (2) Landscape plans
need to show edges of pavements and limits of planting beds to clearly define the landscape areas,
(3) Landscape plans require size and quantity specifications as part of the plant lists for all plant
materials, (4) Landscape plans must show the limits and extent of ground cover and shrub plantings
under the tree and palm canopies. This is not shown graphically, and (5) Provide revised Landscape
Plans that address the aforementioned comments and clarify planting design, and (i) Attain the
sufficiency letter of the City's Traffic Consultant, URS Corp.
12) Pursuant to preliminary comments of the City's Traffic Consultant, URS Corp., the
development approval of this site should be conditioned upon the following Transportation Control
Measures (TCM) recommendations being implemented to recognize the credits given towards the
transportation concurrency management: (1) Encourage museumstaff to participate in ridesharing
programs through South Florida Commuter Services; (2) Providing information to potential transit
users on Miami -Dade current local and regional mass transit route and schedule. The information will
be updated, when necessary, at no less than six months intervals; (3) Promote mass transit use by
encouraging museum staff to purchase transit passes and make them available at discounted prices
or no charge, or in lieu of subsidized parking; and (4) Encourage employees to implement staggered
work hours.
13) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on
the APPLICANT, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its
issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal
from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City,
(2) the PROJECT will efficiently use public transportation facilities,
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance
with the conditions of this Major Use Special Permit.
(4) the PROJECT willefficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City,
(6) the PROJECT will not adversely affect living conditions in the neighborhood;
(7) the PROJECT will not adversely affect public safety,
(8) the public elfare will be served by the PROJECT; and
(9) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline
development, minority participation and employment, will be mitigated through
compliance with the conditions of this Major Use Special Permit.
City of Miami Page 11 of 12 Printed On: 912412009
File Number: 09-00024mu
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Footnotes:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 12 of 12 Printed On: 912412009
EXHIBIT "A"
Legal Description Page 1 of 2
LEGAL DESCRIPTION OF ART MUSEUM PLAZA (A-1):
A PURIIUN OF IRACI "A". NEW WORLD CENIER BICENTENNIAL
PARK, ACCORDING TO THE PLAT THEREOF , AS RECORDED IN
PLAT BOOK 140, AT PAGE 50, OF. THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST. CORNER OF SAID TRACT"A
THENCE SOUTH 87'42'09" WEST, ALONG THE NORTH BOUNDARY
OF SAID TRACT "A", A DISTANCE OF. 372.15 FEET; THENCE
SOUTH 64'34'15" WEST, ALONG THE NORTHWEST BOUNDARY OF
SAID TRACT "A", A DISTANCE OF 160.56 FEET; THENCE SOUTH
25'25'45" EAST, AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 25'25'45" EAST, ALONG
THE LAST DESCRIBED COURSE, A DISTANCE OF 244.00 FEET;
THENCE SOUTH 64'34'15" WEST, , ALONG A LINE LYING 300.00
FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO,
THE NORTHWEST BOUNDARY OF SAID` TRACT "A", A DISTANCE
OF 90.00 FEET; THENCE NORTH 25'25'45" WEST, A DISTANCE
OF 240.00 FEET; THENCE NORTH .64'34'15" EAST, ALONG A LINE
LYING 60.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT
ANGLES TO, THE NORTHWEST BOUNDARY OF SAID TRACT "A", A
DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
ALL OF THE FOREGOING LYING IN THE CITY OF MIAMI,
MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 21,600 SQUARE
FEET (0.496 ACRES), MORE OR LESS.
TOGETHER WITH
LEGAL" DESCRIPTION OF ART MUSEUM (A-2)
A PORTION OF TRACT "A", NEW WORLD CENTER BICENTENNIAL
PARK, ACCORDING TO, THE PLAT THEREOF , AS RECORDED IN
PLAT BOOK 140, AT PAGE 50, OF- THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT "A";
THENCE SOUTH, 67'42'09" WEST, ALONG THE NORTH BOUNDARY
OF SAID TRACT "A", A DISTANCE OF 47.68 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 02'24'00" EAST, A DISTANCE OF
256.20 FEET; THENCE SOUTH 74'34'15" WEST, A DISTANCE OF
364.25 FEET; THENCE NORTH 25'25'45" WEST, A DISTANCE OF
240.00 FEET; THENCE NORTH 64'34'15" EAST, ALONG A LINE
LYING 60.00 FEET SOUTHEASTERLY OF,. AS MEASURED AT RIGHT
ANGLES TO, THE NORTHWEST BOUNDARY OF SAID TRACT "A", A
DISTANCE OF 301.01 FEET; THENCE NORTH 87'42'09" EAST,
ALONG THE NORTH BOUNDARY OF SAID TRACT 'A", A DISTANCE
OF 171.74 FEET TO THE POINT OF BEGINNING.
ALL OF THE FOREGOING LYING IN THE CITY OF MIAMI,
MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 110,686
SQUARE FEET (2.541 ACRES) MORE OR LESS.
.Legal Description Page 2 of 2
LEGAL Q ION OF ART MUMM PI A7A (A 3k
COMMENCE AT THE NORTHEAST CORNER OF 'TRACT A,'
'BICENTDNNIAL PAM" AS RECORDED IN THE PUBLIC RECORDS
OF MWJI-RADE, COUNTY. FLORIDA. IN PUTT BOOK 140 AT PACE
50; THENCE "sxr42'09'A ALONG THE NORTHERLY UNE OF
SAID `TRACT A.' A DISTANCE OF 219.42 FEET TO THE POINT OF
BEGINNING OF A PARCEL OF LAND FIMUKAFTER Dom:
THENCE S64'34'15"W A DISTANCE OF 391.01 FEET.. pV+CE
N25'2S'45'W A DISTANCE OF 60.00 FEET TO THE INTERSECTION
MOTH THE NORTHERLY UNE OF SAID 'TRACT A'; THENCE
N *XI5'E, ALONG. THEN- NORTHERLY UNE OF SND 'TRACT A,'
A DISTANCE OF 250..56 FEET THENCE N8T'4VOM CONTINUING
ALONG THE MOREDMRM Lam, FOR 152.73 FEET TO THE
POINT OF BEGINNING.
ALL OF THE FOREGOING LANG WITHIN THE CITY OF MIAMI,
MIAMI -DADS COUNTY. FLORIDA, AND CONTAINING 19,247 SQUARE
FEET (0.44 ACRES„ MORE OR LESS.
LEGAL DESCRIPTION,
PORT
PAGE129SOFFMIAMITD;ApE COUNTYCHER PUBLICLREC RDS, MIAMY-DADE,PERTY AFLORIDADEBEfNGD IN PMOREBPARTICULARLY
DESCRIBED AS FOLL'`b;WS,
REC RDED IN PLATN806KE140,COMMENCE AT THE STCPAGE R50FOFRACT MIAMIQDADE COUNTY PUBLIC'' OF NEW WORLDTER RECORDS, MIAMI`DADEBICENTENNIKCOAS
UNTY,
FLORIDA, THENCE S.87042'09"W ALONG THE NORTH BOUNDARY OF SAID TRACT 'A'F NEW WORLD CENTER
BICENTENNIAL PARK FOR 126.99 FEET TO THE POINT OF BEGINNING
\ THENCE CONTINUE 587°42'09"W ALONG THE NORTH'SOUNDARY OF SA 10 TRACT 'A' OF NEW WORLD CENTER
BICENTENNIAL PARK FOR 92,43 FEET, THENCE N64°34'15"E ALONG THE NORTHEASTERLY EXTENSION OF
THE NORTHWESTERLY BOUNDARY LINE OF SAID TRACT 'A' OF NEW WORLD CENTER 810ENTENNIAL PARK
FOR 85.00 F'EET,'THENCE S25 25'45"E FOR 36,31 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,543.2 SOFT. MORE OR LESS. SAID LANDS BEING IN MIAMI DAOE COUNTY,
FLORIDA.
r
"Exhibit B"
Project Data Sheet
MIAMI ART MUSEUM - MAJOR USE SPECIAL PERMIT
1075 BISCAY.NE BOULEVARD, MIAMI, FL
SITE DATA SUMMARY: (SEE PARCEL DIAGRAM ABOVE)
FLOOR AREA SUMMARY: (SEE FLOOR AREA DIAGRAMS 2-004)
ZONING DISTRICT:
PR - PARKS, RECREATION & OPEN SPACE
LEVEL 0:
8,822 GSF
FEMA ZONE:
AE, MAP 1202560183)
LEVEL 1-
27,409 GSF
NET LOT AREA =
153,076 SF (3.51 AC)
LEVEL 1 M:
1,201 GSF
GROSS LOTAREA=
255,100 SF (5.86 AC)
LEVEL2:
49,883 GSF
MAXIMUM ALLOWED=
0.65
LEVEL3:
29,900 GSF
BUILDING DATASUMMARY:
BUILDING FOOTPRINT =
92;545 SF (EXTENT OF ROOF)
GROSS BUILDING AREA=
118,215 SF (OUTSIDE OF EXT WALL)
GROSS FLOOR AREA =
114,337 SF (INSIDE OF EXT WALL)
FLOOR AREA,
NONRESIDENTIAL =
96,154 SF (OUTSIDE EXT WALL
MINUS MECH, LOADING,
STAIRS, ELEVATORS)
FLOOR AREA RATIO:
MAXIMUM ALLOWED=
0.65
PROPOSED=
0.38 (96,154/255,100)
BUILDING HEIGHT:
MAXIMUM ALLOWED =
UNLIMITED
PROPOSED=
+77-W N.G V D.
(MEETS MUSEUM PARK MIAMI MASTERPIAN GUIDEUNES)
LOADING SUMMARY:
REQUIRED PER ZONING ORDINANCE SECTION 923.4
(3) 12 -MS LOADING BERTHS FOR BUILDINGS BETWEEN 100,000 - 250,1
PROVIDED (SEF -A-100)
(1) 12'X35 ENCLOSED LOADING BERTH
(2) 10' X 20' EXTERIOR LOADING AREAS (BY CLASS it PERMIT)
PARKING SUMMARY:
REQUIRED
1 SPACE PER .600 GROSS SF +'1 SPACE PER EMPLOYEE
114,387 GSF/500 = 229 -1- 69 EMPLOYEES = 298
OPEN SPACE SUMMARY: (SEE SITE PLAN, 2-002)
OPEN SPACE REQUIRED = 0
OPEN SPACE PROVIDED = 18,285 SF (7.2•x)
SETBACK SUMMARY:
REQUIRE. D PER.MIAMI-DADE COUNTY CODE, SECTION 331)
REQUIRED SETBACK OF25FTFROM BAY SEAWALL FOR UP T035FT IN HEIGHT ABOVE
MEAN WATER UNE (-P36-6' . SETBACK DISTANCE (IN FEET) INCREASES BY 50•/. OF HEIGHT
ABOVE MEAN WATER LINE.
PROVIDED - YES
(SEE Z DOS)
REQUIRED PER MIAMI CITY CHARTER- SECTION 3, (MM), (11)
NO .PARKING OR ENCLOSED BUILDING WITHIN 50FT OF BISCAYNE BAY
PROVIDED- YES
(SEE Z-003)
298) X 9035 = (269) X'90%. = 242 SPACES REQUIRED
SEC 914.2 -10% REDUCTION FOR LOTS WITHIN 600`x7 OF METROMOVER
SEC 917.7.1-10% REDUCTION FOR COMBINATIONS -OF COMMERCIAL & OFFICE USES
PROVIDED
220 SPACES (7 ADA SPACES PROVIDED AS REQUIRED PER ADAAG TABLE 208.2)
A VARIANCE FOR (22) PARKING SPACES IS REQUESTED
SPACES ON PARCEL A-1 = 48**
SPACES ON PARCELA-2 & FDOT DEED LOT =172
**FUTURE MUSEUM PLAZA CONSTRUCTION ON PARCEL A-1 MAY REQUIRETEMPORARILY
CLOSING 48 PARKING SPACES. REQUIRED ADA PARKING SPACES WILL NOT BE AFFECTED
DURING THIS TIME.
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