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Resolution: R-10-0435
File Number: 10-00494xc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/23/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION
APPROVAL, AS PART OF A MAJOR USE SPECIAL PERMIT, FOR THE MIAMI
SCIENCE MUSEUM PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF "PR" PARKS (2),
TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES (SUCH AS
RESTAURANTS, CAFES AND RETAILING), SUBJECT TO CONDITIONS, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD,
MIAMI, FLORIDA.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 21, 2010,
following an advertised public hearing, adopted Resolution No. PZAB-R-10-020 by a vote of seven to
two (7-2), item no. 6, recommending APPROVAL with conditions 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 meet 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 Planning, Zoning and Appeals 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 Planning, Zoning and Appeals Board to approve with
conditions the Special Exception requiring City Commission approval, as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Conditional
Principal Uses of "PR" Parks (2), to allow supporting social and entertainment services (such as
restaurants, cafes and retailing), for the property located at approximately 1075 Biscayne Boulevard,
Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject to a time
limitation of twenty-four (24) months in which a building permit must be obtained, and the Special
Exception granted.
Section 3. The findings of fact set forth below are made with respect to the subject property:
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File Number: 10-00494xc
Enactment Number: R-10-0435
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 any
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 N/A
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.
Compliance
Yes*
Yes*
Compliance
Yes*
Yes
Yes
Yes*
Yes*
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Pedestrian Oriented Develoament:
Design Review Criteria Applicability
(1) Promote pedestrian interaction; Yes
(2) Design facades that respond Yes
primarily to the human scale;
(3) Provide active, not blank facades.
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscaoe and Oben 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;
Compliance
Yes*
Yes*
Yes Yes*
(2) Minimize the number and width Yes
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.
N/A
Yes
Compliance
Yes
Yes*
Compliance
Yes
Yes
Yes*
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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
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
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:
Yes
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 Yes*
building addresses at the entrance(s)
as a functional and aesthetic
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consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability
(1) Preserve existing vegetation and/or N/A
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
Compliance
Enactment Number: R-10-0435
These findings have been made by the City Commission to approve this project with conditions.
b. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed project have been found by the City Commission to adhere to other specific
consideration (s) set forth in the zoning ordinance, the City Code, and other applicable
regulation(s).
c. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which
the proposed use will operate, given its specific location and proximity to less intense uses, has
been found by the City Commission to adhere to other specific consideration(s) set forth in the
zoning ordinance, the City Code and other applicable regulation(s), with particular consideration
given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle
intrusion, traffic conflicts, and the spillover effect of light.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
Footnotes:
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EnactmentNnmber: R-10-0435
{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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