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HomeMy WebLinkAboutMUSP AnalysisANALYSIS MAJOR USE SPECIAL PERMIT for MIAMI SCIENCE MUSEUM LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD LEGISTAR FILE ID: 10-00494mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Miami Science 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 an approximately 87 feet 10 inches height (N.G.V.D.) three (3) story building (with intermediate mezzanines), to be comprised of approximately 118,036 square feet of floor area of science museum with galleries, accessory social spaces, accessory shops, and accessory entertainment service cafe the project will provide 223 off-street parking spaces This Permit includes the following requests: This MAJOR USE SPECIAL PERMIT encompasses the following Special Per- mits 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 302 Proposed 223 Request to be waived: 79 SPECIAL EXCEPTION, as per Article 4, Section 4.01, under Conditional Prin- cipal Uses of PR Parks (2), to allow supporting social and entertainment services (such as restaurants, cafes and retailing), by Special Exception with City Commission approv- al; 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 927, to allow tempo- rary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be ap- proved by other city departments; CLASS II SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5.2, to allow iden- tification and directional signs; 10-00494mu Page 1 of 8 CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow tempo- rary 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 park- ing for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow tempo- rary off-street offsite parking for construction crews working on a residential project un- der construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow con- struction trailer(s) and other temporary construction offices such as watchman's quar- ters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.3.2, to allow tem- porary 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 or at issuance of a Foundation Permit: The requirement to record in the Public Records a Declaration of Cove- nants 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 require- ment 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) the Planning Internal Design Review Committee and the Urban Development Review Board (UDRB) for additional input and recommendations; the following findings have been made: • It is found that the proposed Miami Science 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 Science Museum project is located within the Museum Park site at the NW 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. 10-00494mu Page 2 of 8 • It is found that the proposed Miami Science Museum is placed in a site of approximately 7.093 ±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 Science Museum meets the Museum Park Master Plan Guidelines • It is found that the proposed Miami Science 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; Spaces for the Museum Park complex to the East, and to the South and Biscayne Boulevard to the 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 7.093 ±acre (GLA) with 3.436 ±acre (NLA). • It is found that the total non residential floor area for the 7.093 ±acre (GLA) site 118,036 square feet. • It is found that the proposed supporting social and entertainment services (such as restaurants, cafes and retailing), to the Miami Science Museum must be allowed by Special Exception. • It is found that the proposed total number of parking spaces (approximately 223 ) for the project is below the required number of 302 parking spaces. The reduction only can be granted by approving the requested Variance. • It is found that the summary letter of the economic analysis, prepared by ConsultEcon, Inc. on March 26, 2010 states that the Miami Science 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 Table 1 estimated construction period impact in Miami -Dade County, prepared by Consultecon Inc., dated on March 30, 2010 states reflects that the project is expected to cost approximately $ 300,000,000, and to employ approximately 1847 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 April 7, 2010 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. 10-00494mu Page 3 of 8 It is found that on March 19, 2010, the City of Miami Public Works Department provided a review of the project and commented that: (1) Re -platting of the property is required to remove the easements from the park site, (2) 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 request, (3) In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/ Developer shall be required to provide approved, designated offsite 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, and (4) Since this project is more than one acre in total construction area, the methods of construction must comply with City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment Control permit. It is found that the proposed project was reviewed by the Internal Design Review Committee on June 15, 2010, and the following revised pertinent comments were made: Museums Area Design Guidelines: Urban Design: (a) Indicate the maneuvering paths for loading vehicles on the Site Plan, (b) Provide enhanced materials or artistic/architectural treatment along the ground level of the building, in order to enhance the pedestrian experience. (c) Provide a three-dimensional drawing or rendering of the proposal from a pedestrian view on Biscayne Boulevard showing the impact of the project and its effect on the boulevard, (d) The Cafe on the Southwest corner should provide transparency and views out to Biscayne Boulevard to activate the corner of the site and provide eyes on the street, (e) Provide a dimensioned plan of the parking area indicating widths of all drive - aisles and parking stalls consistent with the City of Miami Off-street Parking Guides and Standards. Architecture: (f) Provide material information, including paving and lighting design, and a detailed cross section through of the parking area, (g) Provide large scale elevations of the ground level illustrating the effect of the building at the pedestrian level, (h) Provide details of the proposed treatment to the blank walls, Landscape: (i) Further develop the Level I plaza planting design beyond groundcover and grasses to incorporate mid level and taller vertical plant material that will provide and enhance human scale within the plaza, (j) Provide additional shade trees along the Biscayne Boulevard back of sidewalk landscape areas and within the entry drive walkway (Parcel S-3) to create an allee shade planting, (k) Further develop the planting design within Parcel S-3 to define differences between groundcover species, shrubs, and grasses, (1) Further develop the planting design along the north and south building perimeters to define differences between species and plant materials, (m) Screen views into the parking area with vertical plantings behind gabion terraces, and (n) Provide planters or landscape terraces along the base of the Planetarium building corner. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on May 19, 2010, which recommended approval. • It is found that the proposed project height of 87 feet 10 inches height (N.G.V.D.) 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 -10-03-315 issued by Miami International Airport on March 30, 2010. 10-00494mu Page 4 of 8 • It is found that on July 10, 2010, the City's Traffic Consultant, URS Corp., provided a Sufficiency Letter (Review # 196) of the Traffic Impact Analysis for the Miami Science Museum project concluding that the traffic impact report meets all the traffic requirements and the study is found to be sufficient. The approval will be conditioned upon the following: 1) Whenever there are simultaneous events at the Miami Science Museum, Miami Art Museum and/or the American Airline Arena the applicant should present a Traffic Management Plan to the City of Miami in coordination with the adjacent attractions to facilitate traffic flow entering and exiting the project site, 2) The applicant is required to coordinate with FDOT Traffic Operations Office to take the necessary steps to implement the improvements prior to securing a Certificate of Occupancy. It should be noted that the MUSP for the Miami Art Museum contains the same condition, 3) The applicant is responsible for providing the bus drop-off location through the development approval process and prior to securing a Certificate of Occupancy. In addition, the traffic study identifies the following Transportation Control Measures (TCM) in recognition of utilizing the alternate modes of transportation and higher vehicle occupancy: (4) Encourage museum staff to participate in ridesharing programs through South Florida Commuter Services; (5) Provide 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; (6) 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 (7) Encourage employees to implement staggered work hours. It is found that, on March 29, 2010, the Energy Cost Solution 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. 10-00494mu Page 5 of 8 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 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: Urban Design: (1) Indicate the maneuvering paths for loading vehicles on the Site Plan, (2) Provide enhanced materials 10-00494mu Page 6 of 8 or artistic/architectural treatment along the ground level of the building, in order to enhance the pedestrian experience, (3) Provide a three-dimensional drawing or rendering of the proposal from a pedestrian view on Biscayne Boulevard showing the impact of the project and its effect on the boulevard, (4) The Cafe on the Southwest corner should provide transparency and views out to Biscayne Boulevard to activate the corner of the site and provide eyes on the street, (5) Provide a dimensioned plan of the parking area indicating widths of all drive -aisles and parking stalls consistent with the City of Miami Off-street Parking Guides and Standards. Architecture: (6) Provide material information, including paving and lighting design, and a detailed cross section through of the parking area, (7) Provide large scale elevations of the ground level illustrating the effect of the building at the pedestrian level, (8) Provide details of the proposed treatment to the blank walls, Landscape: (9) Further develop the Level I plaza planting design beyond groundcover and grasses to incorporate mid level and taller vertical plant material that will provide and enhance human scale within the plaza, (10) Provide additional shade trees along the Biscayne Boulevard back of sidewalk landscape areas -and within the entry drive walkway (Parcel S-3) to create an allee shade planting, (11) Further develop the planting design within Parcel S-3 to define differences between groundcover species, shrubs, and grasses, (12) Further develop the planting design along the north and south building perimeters to define differences between species and plant materials, (13) Screen views into the parking area with vertical plantings behind gabion terraces, and (14) Provide planters or landscape terraces along the base of the Planetarium building corner. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) Re -platting of the property is required to remove the easements from the park site, (2) 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 request, (3) In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/ Developer shall be required to provide approved, designated offsite 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, and (4) Since this project is more than one acre in total construction area, the methods of construction must comply with City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment Control permit. 13) Pursuant to a Sufficiency Letter of the City's Traffic Consultant, URS Corp., the approval will be conditioned upon the following: 1) Whenever there are simultaneous events at the Miami Science Museum, Miami Art Museum and/or the American Airline Arena the applicant should present a Traffic Management Plan to the City of Miami in coordination with the adjacent attractions to facilitate traffic flow entering and exiting the project site, 2) The applicant is required to coordinate with FDOT Traffic Operations Office to take the necessary steps to implement the improvements prior to securing a Certificate of Occupancy. It should be noted that the MUSP for the Miami Art Museum contains the same condition, 3) The applicant is responsible for providing the bus drop- off location through the development approval process and prior to securing a Certificate of Occupancy. In addition, the traffic study identifies the following Transportation Control Measures (TCM) in recognition of utilizing the alternate modes of transportation and higher vehicle occupancy: (4) Encourage museum staff to participate in ridesharing programs through South Florida Commuter Services; (5) Provide information to potential 10-00494mu Page 7 of 8 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; (6) 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 (7) 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. 10-00494mu Page 8 of 8