HomeMy WebLinkAboutMUSP AnalysisANALYSIS
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 920.12, 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 facade.
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 December 4, 2008, the City's Traffic Consultant, URS Corp.,
provided a Sufficiency Letter - 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
Nonconformities.
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) 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.
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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: (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.
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
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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
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 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.
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.
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