96-22116 RESO
RESOLUTION NO.
96-22116
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE DETERMINATION OF THE PLANNING AND ZONING
DIRECTOR REGARDING THE DEVELOPMENT REGULATIONS
APPLICABLE TO THE BASS MUSEUM OF ART SITE AND
WAIVING CERTAIN DEVELOPMENT REGULATIONS
PURSUANT TO SECTION 6-12 (B) (4) OF THE ZONING
ORDINANCE PERTAINING TO FRONT YARD SETBACKS,
NORTH SIDE YARD SETBACKS, PARKING SPACES, AND
HEIGHT OF FENCE/WALL IN ORDER TO CONSTRUCT A
TWO STORY ADDITION TO THE EXISTING BASS MUSEUM
OF ART.
WHEREAS, the proposed Bass Museum of Art expansion project
("Project") has received all necessary approvals from the required
City Boards; and
WHEREAS, the Planning and Zoning Director has determined that
the Bass Museum site should be reviewed under the development
regulations of the RM-2 District; and
WHEREAS, in order for the first phase of the Project to
proceed, it is necessary to waive certain development regulations
pertaining to front yard setbacks, north side yard setbacks,
parking spaces, and height of fence/wall; and
WHEREAS, the two story Museum addition is proposed to be
located ten (10') feet from the west property line along Park
Avenue, thus requiring a waiver of ten (10') feet from the required
front yard setback of twenty (201) feet; and
WHEREAS, the Project includes 14 parking spaces and, thus,
requires a waiver of 23 parking spaces from the required total of
37 parking spaces; and
WHEREAS, the proposed site plan indicates a fifteen (15') foot
wall extending outward from the Museum to within six (61) feet of
the north property line, thus requiring a waiver of eight (81) feet
for the height of the wall from the maximum height of seven (71)
feet; and
WHEREAS, pursuant to Miami Beach Zoning Ordinance No. 89-2665,
Subsection
6-12B,
the
City
Commission
must
approve
the
determination of the Planning and Zoning Director regarding the
development regulations applicable to a site; and
WHEREAS, pursuant to Miami Beach Zoning Ordinance No. 89-2665,
Subsection 6-12B, the City Commission may waive certain development
regulations pertaining to a site by a five-sevenths (5/7) vote
following a noticed public hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
determination of the Planning and Zoning Director that the
development regulations of the RM-2 District are applicable to the
Bass Museum of Art site is hereby approved and that the above-
referenced development regulations, pertaining to north side yard
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setbacks, front yard setbacks, parking spaces, and height of
fence/wall in order to construct a two story addition to the
existing Bass Museum of Art, are hereby waived to the extent set
forth herein.
PASSED and ADOPTED this 12th day of
September
, 1996.
Ro~t rOA-C~
ATTEST:
CITY CLERK
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 6~ 4 f.,
TO:
Mayor Seymour Gelber and
Memben ofthe City Commission
DATE:
September 11, 1996
SUBJECf:
Jose Garcia_pedrosa!t
City Manager
Request for the C Commission to Approve the Determination of the Planning
and Zoning Director regarding the Development Regulations Applicable to the
Bass Museum of Art Site and to Consider the Waiving of Certain Development
Regulations Pursuant to Section 6-12,B.4 of the Zoning Ordinance Pertaining
to setbacks, parking spaces and the height of fences/walls in Order to Construct
a Two Story Addition to the Existing Bass Museum of Art
FROM:
RECOMMENDATION
The Administration recommends that the City Commission approve the determination of the Planning and
Zoning Director regarding the development regulations applicable to the Bass Museum of Art site and to
consider the waiving of certain development regulations of the Zoning Ordinance regarding front setback,
parking and the height offences/walls for the proposed two-story addition to the existing Bass Museum of
Art.
BACKGROUND
The project has already received the following approvals from the respective Boards.
a. Certificate of Appropriateness for Design Review Approval from the JJint Design
ReviewIHistoric Preservation Board was granted on February 6, 1996.
b. A Certificate of Appropriateness for Demolition from the Historic Preservation Board was
granted on February 8, 1996.
The project consists of the construction of a two (2) level addition (approximately 40' to the top of the roof
and 50' to the highest architectural projection) to the west side of the existing two (2) story Bass Museum.
This project represents the first phase of a two (2) part expansion plan and shall also include the demolition
of the west wing addition of the existing building, as well as partial interior demolition.
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AGENDA ITEM ~ 'l A.
DATE q-Ll.=j~
The Administration is requesting that the City Commission approve the Planning and Zoning Director's
determination that the site should be reviewed under the development regulations of the RM-2 District of
the Zoning Ordinance and waive all pertinent development regulations regarding setbacks and parking
pursuant to Section 6-12,B.4 of the Zoning Ordinance which reads, in part:
"The Development regulations (setbacks, Floor Area Ratio, Signs, parking, etc.) shall be the
average of the requirements contained in the surrounding zoning districts as determined by
the Planning and Zoning Director, which shall be approved by the City Commission."...
"Following a public hearing, the Development Regulations required by this Ordinance,
except for the Historic Preservation and Design Review processes, may be waived by a five-
sevenths (517) vote of the City Commission for Developments pertaining to Governmental
owned or leased Buildings, Uses and sites which are wholly used by, open and accessible
to the general public, and for Convention Center Hotels and Convention Center Hotel
Accessory Garages and City utilized parking lots, provided they are continually used for
such purposes."...
A public hearing on such a waiver requires that a 15 day notice be given and that the notice be posted on the
property, advertised in a newspaper of general circulation and mailed to all property owners within 3 7 5 feet.
ANALYSIS
The analysis that follows is based on plans submitted by Spillis Candela and Associates, Inc. dated July 12,
1996.
Because the project has already received all necessary approvals from the required Boards, the general design
and scope of the project has been thoroughly reviewed.
The Planning and Zoning Director has determined that the development of this project should follow the
development regulations of the RM-2 district which is the governing Future Land Use designation to the land
immediately to the west and south of the site. This determination needs to be app~oved by the City
Commission. However, in order for the development of the project to proceed, it is also necessary to waive
the following development regulations:
I. Setbacks
The minimum required front yard setback in the RM-2 District is ~wenty (20') feet. The two story
museum addition is proposed to be located ten (10') feet from west property line along Park Avenue.
A waiver of ten (10') feet is required.
2. Parking
The Zoning Ordinance does not specifically list the parking requirement for a museum. The
Ordinance states that the parking space requirement for a use not specifically listed shall be the same
as for a listed use which generates a similar level of parking demand. A museum gallery generates
a parking demand similar to a commercial art gallery space. An art gallery is regarded as a retail
use and would require one parking space for every 300 square feet of floor area. The Bass Museum
gallery space should also have a parking space requirement of one per 300 square feet of floor area.
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All other areas, such as the museum store, curatorial offices and conservation offices, have a parking
requirement as listed in Section 7 of the Zoning Ordinance.
According to the floor plans prepared by Spillis Candela and Associates, Inc. dated July 12, 1996,
the proposed addition contains the following areas:
Area Square Feet Required Parking Spaces
LobbylExhibition 2,120 7
Museum Shop 858 3
CuratoriallEducation 738 2
Gallery 6,750 23
Conservation Lab 900 2
Total 37
The existing structure has no parking requirements since it lies within the Museum local Historic
Preservation District. Accordingly the remaining parking spaces on the site Olay be applied to
satisfy the parking requirement of the new construction. According to the plans submitted there are
proposed to be 14 parking spaces on the site. Subtracting these existing spaces from the 37 spaces
required results in a shortfall of23 spaces. Therefore a waiver of23 required spaces is necessary.
3. Height of Fence/Wall
The maximum permitted fence/wall height, within a required yard, is seven (7') feet. The proposed
site plan indicates a fifteen (15') feet high wall extending outward from the building to within six
(6') feet of the north property line. A waiver of eight (8') feet for the height of the wall is required.
CONCLUSION
The Administration has concluded that the City Commission should approve the determination of the
Planning and Zoning Director regarding the development regulations applicable to the Bass Museum of Art
site and to waive those development regulations, as described herein, p'lr:.uant to Section 6-12,B.4 of the
Zoning Ordinance for the construction of a two story addition to the existing Bass Museum of Art.
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