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R7C-Waive Vote Required Off-Street Parking Spaces At Bass Museum -Malakoff-4 MIAMIBEACH Clty of Mloml Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33'139, www.miomibeochfl.gov CO ISSION MEMORANDUM Mayor Philip Levine and Members of Jimmy L. Morales, City Manager June 10,2015 PUBLIC HEARING SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF M!AM! BEACH, FLORIDA, PURSUANT TO SEGTTON 142452(dl OF THE CITY CODE, WAIVING BY 5/7TH VOTE OF THE GITY COMMISSION AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS UNDER CHAPTERS 130 AND 142 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE PERTAINING TO REQUIRED OFF.STREET PARKING SPAGES AND MINIMUM REQUIRED SETBACKS, AT THE BASS MUSEUM OF ART, 21OO COLLINS AVENUE. ADM!NISTRATION RECOMMEN DATION The Administration recommends that the City Commission open and continue the item to a date certain of July 8,2015. BACKGROUND On May 6,2015, at the request of Commissioner Joy Malakoff, the City Commission referred the proposed waiver of development regulations (C4K) to the Planning Board for review, pursuant to Section 1424125(d) of the City Code. The funding for the Museum expansion was approved by the City Commission last year. On May 12, 2015, the Historic Preservation Board granted a Certificate of Appropriateness for the partial demolition, renovation and expansion of the Bass Museum al2100 Collins Avenue (HPB File No. 7521). lt was determined, during the course of the Historic Preservation Board review that the proposed Museum expansion will require a waiver from the following development regulations: 1) Section 130-131 pertaining to a fee in lieu of providing required parking for new construction; and 2) Section 142-218 pertaining to minimum setback requirements for the proposed western expansion. ANALYSIS The location is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code, the City Commission may waive by five sevenths vote, following a public hearing, development regulations "pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes." TO: FROM: DATE: Asenda ltem 87 C -oate b'lo'l!542 Waiver Of Development Regulations - Bass Museum June 10,2015 Page 2 of 2 PLANNING BOARD REVIEW ln accordance with the requirements reviewed this matter at their May 26, the subject waivers. CONCLUSION The Administration recommends the certain of July 8,2015. of Section 142-425 of the City Code, the Planning Board 2015 meeting and unanimously recommended in favor of City Commission open and continue the item to a date JL T:\AGENDA\2015Uune\Waiver of Dev Regs for Bass Museum MEMO.docx We are commiffed to providing excellent public service ond so{e\ to oll who live, work, ond ploy in our vibront', tropicol, hislotic communii/ 543 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MtAMt BEACH, FLORIDA, PURSUANT TO SECTTON 142-425(dl OF THE CITY CODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS UNDER CHAPTERS 130 AND 142 OF THE LAND DEVELOPMENT REGULATIONS OF THE GIry CODE PERTAINING TO REQUIRED OFF-STREET PARKING SPACES AND MINIMUM REQUIRED SETBACKS, AT THE BASS MUSEUM OF ART, 21OO COLLINS AVENUE. WHEREAS, the Bass Museum of Art is located at 2100 Collins Avenue is zoned Government Use (GU); and WHEREAS, the proposed western expansion of the Bass Museum of Art has been funded; and WHEREAS, on May 12,2015, the Historic Preservation Board granted a Certificate of Appropriateness for the partial demolition, renovation and expansion of the Bass Museum at 2100 Collins Avenue (HPB File No. 7521); and WHEREAS, chapter 142 of the City Code provides for minimum parking and setback requirements for new construction located in GU districts; and WHEREAS, the City of Miami Beach Land Development Regulations (LDR) at Section 142-425(d), provides, following review by the Planning Board, and a public hearing before the City Commission, for a waiver, by 5l7th vote of the City Commission, of the City's development regulations on governmentally owned or leased buildings at GU zoned properties, provided the proposed user is a not-for-profit, educational or cultural organizations, and provided the GU sites are continually used for such non-profit, educational or cultural purposes; and WHEREAS, pursuant to the requirements of 1 42-425(d), an analysis was conducted and the Planning Director determined that the proposed Museum expansion will require a waiver from Section 130-131 of the City Code pertaining to a fee in lieu of providing required parking for new construction and from Section 142-218 of the City Code pertaining to minimum setback requirements for the proposed western expansion of the Museum; and WHEREAS, on May 26,2015, the Planning Board reviewed the proposed waiver and recommended in favor by a vote of 5-0; and WHEREAS, the City Commission determines it is appropriate to waive the development regulations by a 5l7th vote in conjunction with the proposed expansion of the Bass Museum. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to section 142-452(d) of the City Code, waiving by 5l7th vote of the City Commission after public hearing, the development regulations under section 130-131 and 142-1218 in conjunction with the expansion 544 of the Bass Museum of Art, located at 2100 Collins Avenue, as approved by the Historic Preservation Board on May 12,2015 (HPB File No. 7521). PASSED AND ADOPTED this _ day of 2015. Philip Levine, Mayor ATTEST: Rafael E. 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