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Home My WebLink AboutZB AnalysisANALYSIS FOR SPECIAL EXCEPTION MIAMI ART MUSEUM 1075 BISCAYNE BOULEVARD Case No. 09-00024x APPLICATION FOR MAJOR USE SPECIAL PERMIT SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 AND CITY CODE, AS AMENDED, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. Pursuant to Ordinance 11000, as amended, Supplement 14, the Zoning Ordinance of the City of Miami Florida, the subject proposal for MIAMI ART MUSEUM at 1075 BISCAYNE BOULEVARD MIAMI, FLORIDA, has been submitted and reviewed to allow an application for MAJOR USE SPECIAL PERMIT, subject to all applicable criteria; The proposed development "Miami Art Museum" will be comprised of a new Three 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. The project will provide 220 off-street parking spaces out the 242 off-street parking required. A Variance approval is hereby requested for 22 off-street parking shortfalls as part of this MUSP application. MAJOR USE SPECIAL PERMIT, as per Article 4, Section 4.01, Under Conditional Principal Uses of PR Parks (1), to allow the construction of a Museum with Art Galleries and Exhibition Spaces; 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 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 W"' ceremony; i:Y') 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 Special Exception for the proposed project the following findings have been made: • It is found that the proposed project "Miami Art Museum" will be comprised of a new Three 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. • It is found that the project will provide 220 off-street parking spaces out the 242 off-street parking required. A Variance request is a companion item for 22 off-street parking spaces as part of this Special Exception application that is associated with a MUSP application. It is found that a Metro -mover station is less than one thousand feet from the proposed Art Museum with Metro rail station and 2 more metro mover stations with less of a mile radius distance. • It is found that the proposed museum enhance waterfront area and the City with the architect design and cultural experience within the City of Miami. • It is found that the use is compatible with and beneficial to the area by providing a much needed service to the community. • It is found that the proposed project was reviewed by the Internal Design Review Committee with most recent comments generated on July 14, 2009 with specified conditions oriented toward urban design. • It is found that a landscape plan is provided but requires additional information to comply with City Ordinance as per conditions below. • It is found that no signage details were provided as part of this application. • It is found that all subordinate Special Permits (Class I and Class II) to the Special Exception have been reviewed and found in compliance. • It is found that with respect to all additional criteria as specified in Section 1305 of the Zoning Ordinance 11000, the proposal has been reviewed and found to be in compliance. • It is found upon compliance of condition specified below; this request will not have any adverse impacts on the surrounding area. Based on these findings, the Planning Department is recommending approval with the following conditions, which must be reviewed and approved by the Planning Department prior to the issuance of any Building permit: Urban Design/ Site Layout • Provide revised plans showing proposed Museum Drive detailed with cross-sections with the widen landscaped walkways and with pedestrian connections from Biscayne Boulevard, the Metromover station to the Museum Plaza and Bay walk along the Northern Perimeter of the site as detailed into Museum Area Design Guidelines. • Provide revised plans showing pedestrian sidewalk dimensioned width and extended across all driveways and loading entries along northern perimeter road providing uniform surface from Biscayne Boulevard to Biscayne Bay. • Provide revised plans clearly identify how loading vehicles will access and maneuver will occur into the loading area. Architecture • Provide final design solution plans detailing method and materials to obscure parking area and garage's integrated lighting and mechanical equipment from the Promenade, Bay walk and Museum Drive. • In case, the proposed projection video fixture on the north wall facing 1-395 is not allowed by FDOT, provide revised plans showing alternative articulated architectural fixtures on blank wall of the northern elevations. If such fixture is allowed, please provide documentation from FDOT. • Provided revised plans detailing all signage and lighting for the project. Landscape • Provide revised plan showing all proposed planting materials labeled and referenced on planting list.