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y* INGAAP AAdtng and Zoning Department
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APPLICANT: Institute of Contemporary Art, Miami, Inc. FILE ID: 15-00903x
PROJECT ADDRESS: 53 and 61 NE 41 Street and ZIP: 33137
50, 58 and 68 NE 42 Street
NET OFFICE: Little Haiti
COMMISSION DISTRICT: District 5
A. GENERAL INFORMATION:
HEARING DATE: 9/2/15
REQUEST: Pursuant to Ordinance 13114, Article 4, Table 3 & 12; Article 5, Section 5.7.2; Article 7, and
Section 7.2.2.6, as amended, the applicant has requested an Exception to build a community facility (Institute
of Contemporary Art). Specifically, the applicant proposes to construct a new five -story building with gallery
space and an outdoor sculpture garden on five parcels zoned Civic Institutional (CI).
The subject property is located within the Little Haiti NET area. The site is approximately 0.664 acres in size.
The subject site is located on a block bounded by NE 1St Avenue on the east, NE 411t Street on the south, N
Miami Avenue on the west, and North East 42nd Street on the north. (A complete legal description is on file
with the Hearing Boards Section).
FOLIO(S): 01-0-3124-1320, 01-3124-024-1210, 01-3124-024-1220, 01-3124-024-1330, 01-3124-024-1200
B. BACKGROUND:
The subject property is located within the Biltmore Subdivision. The property has two overlay zones, the
southern portion of the site fronting NE 41 Street is within the Miami Design District Special Area Plan and
the northern portion of the site fronting NE 42 Street in located within the Buena Vista East Historic District.
The applicant is requesting an Exception to permit the construction of a five story, 36,714 sq. ft. contemporary
art museum and sculpture garden on a site zoned Civic Institutional (CI). The proposed uses are allowed to
operate on the subject site with the approval of an Exception per the Miami 21 Code.
The project as proposed will require the demolition of three noncontributing structures within the Buena Vista
East Historic Neighborhood. On June 2, 2015 the Historic and Environmental Preservation Board pursuant to
Resolution No. HEPB-R-15-046 attached hereto as Exhibit A approved the applicants request for a Certificate
of Appropriateness with conditions for demolition of the three non-contributing structures.
C. ZONING HISTORY:
On May 6, 2015 the City of Miami's Planning, Zoning, and Appeals Board pursuant to two Resolutions under
file No. 15-00406lu and file No. 15-00406zc deferred the applicant's request for a zoning change from T3-1-
and
3-Land T4-0 to Cl and a future land use amendment from Duplex Residential and General Commercial to Major
Institutional, Public Facilities, Transportation, and Utilities. This deferral was requested so the applicant could
provide the results of the HEPB determination delivered on June 2, 2015.
On June 3, 2015 the City of Miami's Planning, Zoning, and Appeals Board pursuant to two Resolutions under
file No. 15-00406lu and file No. 15-00406zc recommended denial of the applicant's request for a zoning
change from T3-1- and T4-0 to Cl and a future land use amendment from Duplex Residential and General
Commercial to Major Institutional, Public Facilities, Transportation, and Utilities.
On June 11, 2015 the Miami City Commission pursuant to two Resolutions under file No. 15-00406lu and file
No. 15-00406zc, approved on first reading of the applicant's request for a zoning change from T3-1- and T4-
0 to CI and a future land use amendment from Duplex Residential and General Commercial to Major
Institutional, Public Facilities, Transportation, and Utilities.
On June 25, 2015 the Miami City Commission pursuant to two Resolutions under file No, 15-00406lu and file
No. 15-00406zc, approved on second reading of the applicant's request for a zoning change from T3-1- and
T4-0 to Cl and a future land use amendment from Duplex Residential and General Commercial to Major
Institutional, Public Facilities, Transportation, and Utilities.
D. COMPREHENSIVE PLAN:
The subject property is designated Major Institutional, Public Facilities, Transportation, and Utilities which
allows facilities for federal, state and local government activities, major public or private health, recreational,
cultural, religious or educational activities, major transportation facilities and public utilities. As such, art
museums are permitted under the comprehensive plan via approval of an Exception for the zoning district
designation of Civic Institutional (CI).
Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential
uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties
designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center
District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties
designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business
District allow a maximum FLR of 37.0 times the net lot area of the subject property.
Analysis: Under the Comprehensive Plan, the maximum floor lot ratio (FLR) allowed for the subject site area
is:
28,081 sq. ft. (Net Lot) x 6.0 (FLR multiplier). = 168,486 sq. ft.
The applicant is providing a 36,714 sq. ft. five story contemporary art museum and sculpture garden
below the maximum of 168, 486 sq. ft. allowed.
Findings: Consistent
15-00903x
Page 2 of 6
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING FUTURE LAND USE DESIGNATION
Subject Properly
Civic Institutional (CI) Major Institutional Public Facility
Maximum of 18 du per acre
Surrounding Properties
NORTH: T3 -L; Sub -Urban - Limited Duplex Residential
(Buena Vista East Neighborhood) Maximum of 18 du per acre
SOUTH: T5-0; Urban Center - Open General Commercial
(Miami Design District) Maximum of 150 du per acre
EAST: T3 -L; Sub -Urban - Limited Duplex Residential
(Buena Vista East Neighborhood) Maximum of 18 du per acre
T4-0; General Urban - Open General Commercial
(Miami Design District) Maximum of 150 du per acre
WEST: T3 -L; Sub -Urban - Open Duplex Residential
(Buena Vista East Neighborhood) Maximum of 18 du per acre
T4-0; General Urban —Open General Commercial
(Miami Design District) Maximum of 150 du per acre
F. ANALYSIS:
The following is a review of the request pursuant to the Exception criteria, Article 4, Table 3 & 12; Article 5, Section
5.7.2; and Article 7, Section 7.1.2.6 of the Miami 21 Code. The Background and Zoning History sections of this
report are hereby incorporated into the analysis and its corresponding criteria by reference:
Criteria: Civic Institutional (CI) development shall be permitted by process of Exception and shall conform to
the following regulations:
1. Any property located within a. Cl Zone may be developed according to the regulations of the
most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum.
Analysis: Staff notes that the subject site abuts multiple transect zones. However, the Office of the Zoning
Administrator has made the determination that the project will be reviewed based on the
requirements of the T4 transect zone (See exhibit A), which has a minimum primary frontage setback
of 10'-0" from the south property line. The proposed project has requested a Dominant Setback
Waiver, and subsequently provides a 2'-6" setback from the south property line.
The project meets the T4 development criteria set forth in Section 5.4.
15-00903x
Page 3 of 6
Findings: Complies
2. Development within a Cl Transect Zone shall follow the regulations of the abutting Transect
Zone, except that the Height restrictions shall be as follows: A Cl Zone predominantly abutting
T3 or T4 Transect Zones shall be developed to no more than the maximum Height allowed by
T5 Transect Zone.
Analysis: Staff notes that the property abuts multiple T3, T4; and T5 transect zones. Staff has determined that
the property predominately abuts T3 and T4 Transect Zones. Therefore the museum shall comply
with T5 Transect Zone height requirements as per the above criteria. The proposed building will have
a height of 67'-6" distributed in five stories where 81' maximum is allowed.
Findings: Complies
3. Adjustments to Building Disposition Requirements, with the exception of Setbacks, shall be
allowed by process of Waiver.
Analysis: The subject property totals 28,081 square feet, which is in excess of the maximum lot area for T4;
20,000 square feet. The applicant has requested a waiver to increase the maximum lot area.
Notwithstanding the provision above, Section 3.3.5 provides for the issuance of a dominant setback
waiver, as appropriate, considering the block and its context. The proposed project has applied for
a dominant setback waiver, pushing the project's floorplate south onto the portion of the subject site
in the Design District, relieving the project's imposition on the Buena Vista East neighborhood.
Additionally, prior to rezoning, the project was in the Miami Design District Retail Street SAP, which
has an established setback of 0'. Currently, the subject site is bounded to the east, west, and south
by properties that remain in the SAP and will be developed to 0' setback, well establishing the
character of the block.
Findings: Complies
G. NEIGHBORHOOD SERVICES:
Net Office
Code Compliance
Building
Historic Preservation
Environmental Resources
Transportation
Public Works
H. CONCLUSION:
No Objection
No Objection
Required
No Objection, with conditions pursuant to Exhibit B
No Objection, with conditions pursuant to Exhibit C
No Objection
No Objection
The Department of Planning and Zoning recommends approval of the Exception to allow new construction of a
Community Facility on a property zoned Civic Institutional "Cl", subject to conditions. Staff finds the request is
compatible with the Civic Institution Zone "Cl".Said use will benefit the area by providing a regional civic amenity
to the community,
15-00903x
Page 4 of 6
Staff finds the Exception request is consistent with the goals of the Miami 21 Code as the requested use and
proposed structure is compatible with the Design District to the South. Additionally, through the provision of lifetime
memberships to all residents of the Buena Vista East neighborhood and treatment of the sculpture garden and its
associated landscaping, staff finds the requested use and proposed structure is compatible with the Buena Vista
East neighborhood to the North.
I. RECOMMENDATION:
Pursuant to Article 4, Table 3 & 12; Article 5, Section 5.7,2; Article 7, and Section 7.2.2.6 of Ordinance 13114, as
amended on the aforementioned findings, the Planning & Zoning Department recommends approval of the
exception as presented with the following conditions below:
1, The development shall be substantially in accordance with the plans entitled "Institute of Contemporary Art
Museum" as prepared by Wolfberg Alvarez and Partners Architects, Estudio Aranguren & Arquitectos and
Ken Gardner Landscape Architects consisting of thirty four (34) sheets dated stamped received by the City of
Miami Hearing Boards on May 28, 2015.
2. The applicant shall comply with the requirements of all applicable Departments and agencies as part of the
City of Miami building permit submittal process.
3. The applicant shall comply with the conditions as per the memorandum of the Office of Historic Preservation
dated 7/17115 attached hereto as Exhibit A entitled "Office of Historic Preservation Conditions",
4. The applicant shall comply with the conditions as per Environmental Resources memorandum dated
7/20/15 attached hereto as Exhibit B entitled "Environmental Resources Conditions".
5. The applicant shall provide an updated photometric study that shall include proposed lighting elements for the
sculpture garden, insuring that light spillage onto the enfronting street will be below 2.0 foot candles.
6.. The applicant shall restore the sidewalk and provide street trees where applicable along the north and south
side of NE 42nd Street between N Miami Avenue and NE 1St Street prior to obtaining a Temporary Certificate
of Occupancy (TCO) or Final Certificate of Occupancy. Said trees shall be approved by Public Works and the
Office of Historic Preservation.
7. The applicant shall relocate the rooftop mechanical enclosure towards the center of the roof as to conceal it
from view from grade.
8. The applicant shall provide roof location and install conduit from the electrical room for future Photovoltaic
System (PV) installation. A minimum of 300 sq. ft. or larger of roof area in a south or west direction shall be
dedicated and clear of vent pipes and or other obstructions to allow for the installation of a future PV system.
The submitted plans must note compliance with this provision,
9. The applicant shall provide a unity of title or covenant in lieu of unity of title for the subject site prior to the
issuance of master building permit.
10. An offsite parking lease agreement shall be executed and a parking management plan shall be provided prior
to the issuance of master building permit.
11. No habitable structure shall be constructed on the portion of the property within the Buena Vista East Historic
Neighborhood.
15-00903x
Page 5 of 6
12. The existing covenant made with the Buena Vista East homeowners association shall be maintained through
any redevelopment of the subject site as long as the subject site retains the zoning designation of Cl.
13. 53 and 61 NE 41 Street shall be removed from the Design District Retail Street Special Area Plan prior to
issuance of temporary certificate of occupancy (TCO) or certificate of occupancy (CO), whichever is earlier.
14. Prior to the issuance of a master building permit the abutting property to the east, 77 NE 41 ST, must be
issued a demolition permit.
15. Failure to obtain a building permit within 12 months of this development approval shall result in the Exception
be void or seek a onetime extension prior to the expiration of the 12 month period from the Planning and
Zoning Director.
Christopher Brimo
Chief of Land Development
August 12, 2015
J. Eisenberg
15-00903x
Page 6 of 6
ARTICLE 4 — TABLE 12 Criteria Matrix
*Compliance is subject to conditions
** Not applicable at this time, subject to review and approval.
Application Type: Exception (File No. 15-00903x)
Project Name: Institute of Contemporary Art
Project Address: 53 and 61 NE 41 Street and 50, 58, and 68 NE 42 Street
Pursuant to Article 4, Table 12 of the Miami 21 Code, the Zoning Ordinance of the City
of Miami, the specific site plan and aspects of the PROJECT 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 in the Development Order herein:
DESIGN REVIEW CRITERIA
1) Site and Urban Planning: Applicability Compliance
(1) Respond to the physical contextual environment Yes Yes
taking into consideration urban form and natural
features;
(2) Siting should minimize the impact of automobile Yes Yes
parking and driveways on the pedestrian
environment and adjacent properties;
(3) Buildings on corner lots should be oriented to the N/A -
corner and public street fronts
II) Architecture and Landscape Architecture:
Applicability
Compliance
(1) A project shall be designed to comply with all
Yes
Yes
applicable landscape ordinances;
(2) Respond to the neighborhood context;
Yes
Yes
(3) Create a transition in bulk and scale;
Yes
Yes
(4) Use architectural styles and details (such as roof
Yes
Yes
lines and fenestration), colors and materials
derivative from surrounding area;
(5) Articulate the building facade vertically and
Yes
Yes
horizontally in intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
Applicability
Compliance
(1) Promote pedestrian interaction;
Yes
Yes
(2) Design facades that respond primarily to the
Yes
Yes
human scale;
(3) Provide active, not blank facades. Where blank
Yes
Yes
walls are unavoidable, they should receive design
treatment.
Page 1 of 3
ARTICLE 4 — TABLE 12 Criteria Matrix
*Compliance is subject to conditions
** Not applicable at this time, subject to review and approval.
IV) Streetscape and Open Space: Applicability Compliance
(1) Provide usable open space that allows for
convenient and visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant material, trellises,
special pavements, screen walls, planters and
similar features should be appropriately
incorporated to enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and 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:
(1) Provide landscaping that screen 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.
Page 2 of 3
Yes
Yes
Applicability
Yes
Yes
N/A
N/A
Applicability
Yes
Yes
N/A
Yes
Yes
Compliance
Yes
Yes
Compliance
Yes
Yes
ARTICLE 4 — TABLE 12 Criteria Matrix
*Compliance is subject to conditions
** Not applicable at this time, subject to review and approval.
VII) Signage and Lighting: Applicability Compliance
(1) Design signage appropriate for the scale and Yes Yes
character of the project and immediate
neighborhood;
(2) Provide lighting as a design feature to the
building facade, on and around landscape areas,
special building or site features, and/or signage;
(3) Orient outside lighting to minimize glare to
adjacent properties;
(4) Provide visible signage identifying building
addresses at the entrance(s) as a functional and
aesthetic consideration.
Vlll) Preservation of Natural Features:
(1) Preserve existing vegetation and/or geological
features whenever possible.
N/A
Yes
N/A
Applicability
Yes
IX) Modification of Nonconformities: Applicability
(1) For modifications of nonconforming structures, no N/A
increase in the degree of nonconformity shall be
allowed;
(2) Modifications that conform to current regulations N/A
shall be designed to conform to the scale and
context of the nonconforming structure.
Page 3 of 3
Yes*
Compliance
Yes
Compliance
* kT E
rA a I No I W, Lmll
"Office of the Zoning Administrator Determination"
INSTITUTE OF CONTEMPORARY ART 15-00903x
Eisenberg, • p...
From: Cejas, Devin
Sent: Thursday, July 30, 2015 11:32 AM
To: Eisenberg, Joseph
Subject: Institute for Contemporary Art Exception Referral
Dear Joe,
In response to your inquiry it is Zoning's position that the T4 is the appropriate Transect Zone for development pursuant
to Article 5 Section 5.7.2.4(a). Subsection states "any property located within a Cl Zone may be developed according to
the regulations of the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum."
Although it can be argued that T3 is the most restrictive Transect Zone with regards to Building Setbacks (less height) It
is Zoning's position that the proposed project with T4 as their more restrictive Transect Zone is appropriately suited to
respect the abutting T3 and T4 Transect Zones. In addition, the code allows for this flexibility by stating may versus shall
in subsection (a).
I remain available if you have any additional questions or concerns.
Best regards,
ON N,p.
N
�"'
Devin Cejas
Zoning Manager
Planning and Zoning Department
.-
City of Miami
305-416-1488
*:I:II:l��:3
"Office of Historic Preservation Conditions"
INSTITUTE OF CONTEMPORARY ART 15-00903x
TO: Efren Nunez, Planner II
Planning and Zoning Department
Megan Cross Schmittnt
FROM: Preservation Officer
Planning and Zoning Department
4' QTY Op''
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: July 17, 2015
SUBJECT: 50-68 NE 42nd Street
REFERENCES:
ENCLOSURES: HEPB-R-15-046
FILE:
The only comment the Preservation Office has regarding this item is that the applicant
shall comply with all conditions of HEP13-11-15-046 attached hereto. Please let me
know if you have any questions or need anything further.
E..
Miami Historic and Environmental Preservation Board
Resolution: HEPB-R-15-046
File ID 15-00350 June 2, 2015 Item HEPB.13
Mr. David Freedman offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD APPROVING WITH CONDITIONS AS DESCRIBED IN EXHIBIT "A" (HEREBY
ATTACHED), AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS
FOR DEMOLITION AND SITE IMPROVEMENTS AT 50-68 NORTHEAST 42ND STREET,
WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT.
Upon being seconded by Ms. Lynn B. Lewis, the motion passed and was adopted by a vote of
3-2:
Mr. Timothy Barber
Absent
Mr. David Freedman
Yes
Mr. Gary Hecht
Absent
Mr. William E. Hopper, Jr.
No
Ms. Lynn B. Lewis
Yes
Mr. Hugh Ryan
No
Mr. Jordan Trachtenberg
Yes
Mr. Todd Tragash
Absent
Megan Schmitt
Preservation Officer
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Execution Date
Personally appeared before me, the undersigned authority, Meaan Schmitt, Preservation Officer of the City of Miami, Florida, and
acknowledges that she executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THISDAY OF tf 2015.
Print Notary Name Notary Public State of Florida
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath,
VANESSA TRUJIU.O
MY COMMISSION # FF MW
EXPIRES: July 11, 2019
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EXHIBIT "A"
File ID 15-00350
1. The eastern gate shall be utilized solely for emergency life safety ingress and egress.
2. That the existing covenant made with the Buena Vista East property owners association
or a separate covenant is required to include the following: free perpetual admission to
all Buena Vista East residents, a provision that implies employment opportunities or
prioritized hiring for the district's residents, a light mitigation provision, and a provision
that the unified property will comply with the City's noise regulation. The modification,
termination or release of such covenant shall require HEPB approval and the signature
of the City's Preservation Officer or the Director of Planning and Zoning.
EXHIBIT C
"Environmental Resources Conditions"
INSTITUTE OF CONTEMPORARY ART 15-00903x
oke
* 111011! IIA(11
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Cpn�9
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Efren Nunez
Planning and Zoning Department
FROM: atisha Oguntoyinbo-Rashad
Chief of Environmental Resources
DATE: July 20, 2015
FILE:
SUBJECT: Institute of Contemporary Art Museum -MIAMI
REFERENCES: Project Address: 61 N.E. 41St Street
ENCLOSURES:
In response to the "EXCEPTION APPLICATION'.' for the proposed "Institute of
Contemporary Art Museum -Miami" project dated 05/29/2015, at the referenced
location, the following conditions shall be addressed prior to the approval of the
Exception:
Any and all trees (as defined in Chapter 17 of the City Code) that are subject to be
affected as a result of developmental activity, shall adhere to the requirements of the
Chapter 17 Tree Protection Ordinance. Requirements include the submission of
supporting materials including, but not limited to, a tree survey prepared by a
registered Landscape Architect, a certified arborist report identifying the species,
condition, size and location of all existing trees on site; tree disposition plan;
replacement plan and tree protection plan. Said materials must be submitted to the
City's Environmental Resources Division for review and approval.
MIAMI 21 ZONING MAP
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I I I ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST
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4:?VF3tee:1.ar
Miami Planning, Zoning and Appeals Board
• • • 'FINTSIWA
File ID 15-00903x September 2, 2015 Item PZAB.3
Mr. Juvenal Pifia offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD APPROVING WITH CONDITIONS,
ATTACHED AS EXHIBIT 1, AN EXCEPTION (WHICH ENCOMPASSES THE FOLLOWING WAIVERS: 1) TO
ALLOW A 10% INCREASE IN THE HEIGHT OF THE FENCE (TOTALING 67' IN HEIGHT) ALONG THE
PROPERTY'S NORTH PROPERTY LINE; 2) ADJUSTMENTS TO BUILDING DISPOSITION REQUIREMENTS,
WITH THE EXCEPTION OF SETBACKS, SHALL BE ALLOWED BY PROCESS OF WAIVER; BUILDING
DISPOSITION REQUIREMENTS ADHERE TO T4 TRANSECT ZONE, WHERE MAXIMUM ALLOWABLE LOT
AREA IS 20,000 SQUARE FEET; PROPOSED LOT AREA TOTALS 28,081 SQUARE FEET; AND 3) WHERE THE
PROPERTY TO BE DEVELOPED ABUTS AN EXISTING BUILDING, A WAIVER MAY BE GRANTED SO THAT THE
PROPOSED BUILDING ALONG THE PRINCIPLE FRONTAGE ON NORTHEAST 41ST STREET MATCHES THE
DOMINANT SETBACK OF THE BLOCK AND ITS CONTEXT), AS LISTED IN ORDINANCE NO. 13114, AS
AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
TABLE 3, TO ALLOW A COMMUNITY FACILITY (CIVIC USE) WITHIN A Cl TRANSECT ZONE, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41ST STREET AND 50, 58 AND 68
NORTHEAST 42ND STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED.
Upon being seconded by Mr, David H. Young, the motion passed and was adopted by a vote of
7-2:
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Charles A. Gibson
Ms. Maria Beatriz Gutierrez
Dr. Ernest Martin
Mr. Daniel Milian
Mr. Juvenal Pina
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
Mr. David H. Young
Fran is ;.Garcia, Director
' Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Yes
Absent
No
Yes
No
Absent
Yes
Absent
Yes
Yes
Yes
Yes
o
Execution Date
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF 2015.
VaneSSG T'y i Ito
Print Notary Name Notary Public 8tate of Florida
Personally know oL or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath 0L n4'
VMESSATRUJIU,O
*i *Q MY 00MMI8SI014 N FF 229944
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EXPIRES; July 11, 2019
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EXHIBIT 1
File ID 15-00903x
1. The development shall be substantially in accordance with the plans entitled "Institute of Contemporary Art
Museum" as prepared by Wolfberg Alvarez and Partners Architects, Estudio Aranguren & Arquitectos and Ken Gardner
Landscape Architects consisting of thirty four (34) sheets dated stamped received by the City of Miami Hearing Boards on
May 28, 2015.
2. The applicant shall comply with the requirements of all applicable Departments and agencies as part of the City of
Miami building permit submittal process,
3. The applicant shall comply with the conditions as per the memorandum of the Office of Historic Preservation
dated 7/17/15 attached hereto as Exhibit A entitled "Office of Historic Preservation Conditions".
4. The applicant shall comply with the conditions as per Environmental Resources memorandum dated 7/20/15
attached hereto as Exhibit B entitled "Environmental Resources Conditions".
5. The applicant shall provide an updated photometric study that shall include proposed lighting elements for the
sculpture garden, insuring that light spillage onto the enfronting street will be below 2.0 foot candles.
6. The applicant shall restore the sidewalk and provide street trees where applicable along the north and south side
of NE 42nd Street between N Miami Avenue and NE 1st Street prior to obtaining a Temporary Certificate of Occupancy
(TCO) or Final Certificate of Occupancy. Said trees shall be approved by Public Works and the Office of Historic
Preservation.
7. The applicant shall relocate the rooftop mechanical enclosure towards the center of the roof as to conceal it from
view from grade.
8. The applicant shall provide roof location and install conduit from the electrical room for future Photovoltaic System
(PV) installation. A minimum of 300 sq. ft. or larger of roof area in a south or west direction shall be dedicated and clear of
vent pipes and or other obstructions to allow for the installation of a future PV system. The submitted plans must note
compliance with this provision.
9. The applicant shall provide a unity of title or covenant in lieu of unity of title for the subject site prior to the
issuance of master building permit.
10. An offsite parking lease agreement shall be executed and a parking management plan shall be provided prior to
the issuance of master building permit.
11. No habitable structure shall be constructed on the portion of the property within the Buena Vista East Historic
Neighborhood.
12. The existing covenant made with the Buena Vista East homeowners association shall be maintained through any
redevelopment of the subject site as long as the subject site retains the zoning designation of Cl.
13. 53 and 61 NE 41 Street shall be removed from the Design District Retail Street Special Area Plan prior to
issuance of temporary certificate of occupancy (TCO) or certificate of occupancy (CO), whichever is earlier.
14. Prior to the issuance of a master building permit the abutting property to the east, 77 NE 41 ST, must be issued a
demolition permit.
15. Failure to obtain a building permit within 12 months of this development approval shall result in the Exception be
void or seek a onetime extension prior to the expiration of the 12 month period from the Planning and Zoning Director.
EXHIBIT A
LEGAL DESCRIPTION
Lots 4, 5, 6, 19, and 20, plus the Western V2 of Lot 21 of Block 8, BILTMORE Subdivision,
according to the plat thereof, recorded in Plat Book 6 at Page 67 of the public Records of Miami-
Dade County, Florida
Commonly known as 53 NE 41 St4reet, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and
68 NE 42 Street, all located in Miami, Florida