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Resolution: R-09-0507
File Number: 09-00024xc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION
APPROVAL, FOR THE MIAMI ART MUSEUM MAJOR USE SPECIAL PERMIT, AS
LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL
PRINCIPAL USES OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO
ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES (SUCH AS
RESTAURANTS, CAFES AND RETAIL), SUBJECT TO CONDITIONS, FOR THE
PROPERTY LOCATED AT A PORTION OF APPROXIMATELY 1075 BISCAYNE
BOULEVARD, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on September 21, 2009, following an
advertised public hearing, adopted Resolution No. ZB-R-09-0057 by a vote of seven to one (7-1),
item no. Z-6, recommending approval of a Special Exception requiring City Commission approval as
set forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of this matter, finds the application
for the Special Exception meets the applicable requirements of Zoning Ordinance No. 11000, as
amended, and deems it advisable and in the best interest of the general welfare of the City of Miami
and its inhabitants to reverse the decision of the Zoning Board and grant the Special Exception as
hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The recommendation of the Zoning Board to approve the Special Exception as listed in
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
under conditional principal uses of "PR" Parks, Recreation and Open Space (2), to allow supporting
social and entertainment services (such as restaurants, cafes and retail), with a time limitation of
twenty four (24) months in which a building permit must be obtained subject to conditions, for the
property located at a portion of approximately 1075 Biscayne Boulevard, Miami, Florida, legally
described in attached "Exhibit A," pursuant to plans on file, and the Special Exception is granted.
Section 3. The findings of fact set forth below are made with respect to the subject property:
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File Number: 09-00024xc
Enactment Number: R-09-0507
a. 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
applicable conditions herein:
1) Site and Urban Planning:
Design Review Criteria Applicability
(1) Respond to the physical contextual Yes.
environment taking into consideration
urban form and natural features;
(2) Sitting should minimize the impact Yes
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should Yes
be oriented to the corner and public
street fronts.
11) Architecture and Landscape Architecture:
Design Review Criteria Applicability
(1) A project shall be designed to Yes.
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes
context;
(3) Create a transition in bulk and Yes
scale;
(4) Use architectural styles and details Yes
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
Compliance
*Yes.
*Yes.
Yes.
Compliance
*Yes.
Yes.
Yes.
*Yes.
Yes.
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Design Review Criteria Applicability Compliance
(1) Promote pedestrian interaction; Yes. *Yes.
(2) Design facades that respond Yes
primarily to the human scale;
(3) Provide active, not blank facades. Yes
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscaae and Oaen Space:
Design Review Criteria Applicability
(1) Provide usable open space that Yes.
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant Yes
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parkin
Design Review Criteria Applicability
(1) Design for pedestrian and Yes.
vehicular safety to minimize conflict
points;
(2) Minimize the number and width
of driveways and curb cuts;
(3) Parking adjacent to a street front
should be minimized, and where
possible, should be located behind
the building;
(4) Use surface parking areas as
district buffer.
VI) Screening:
N/A.
Yes
Yes.
Yes.
*Yes.
Compliance
Yes.
*Yes.
Compliance
*Yes.
Yes.
Yes.
Enactment Number: R-09-0507
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Design Review Criteria Applicability Compliance
(1) Provide landscaping that screens Yes. Yes.
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate
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;
Yes. *Yes.
(3) Screen parking garage structures Yes.
with program uses. Where program
uses are not feasible, soften the garage
structure with trellises, landscaping,
and/or other suitable design element.
VII) Signage and Lighting:
Design Review Criteria Applicability
(1) Design signage appropriate for Yes.
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature Yes
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
*Yes.
Compliance
*Yes.
*Yes.
(3) Orient outside lighting to minimize Yes. *Yes.
glare to adjacent properties;
(4) Provide visible signage identifying Yes
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
*Yes.
Enactment Number: R-09-0507
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Design Review Criteria Applicability
(1) Preserve existing vegetation and/or Yes.
geological features whenever possible.
IX) Modification of Nonconformities:
Design Review Criteria Applicability
(1) For modifications of nonconforming N/A.
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to N/A.
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
Compliance
Yes.
Compliance
Enactment Number: R-09-0507
These findings have been made by the City Commission to approve this special exception with
conditions.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
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.
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