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HomeMy WebLinkAboutVariance AnalysisANALYSIS FOR VARIANCE MIAMI ART MUSEUM 1075 BISCAYNE BOULEVARD Case No. 09-00024v APPLICATION FOR MAJOR USE SPECIAL PERMIT SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 AND CITY CODE, AS AMENDED, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. Pursuant to Ordinance 11000, as amended, Supplement 14, the Zoning Ordinance of the City of Miami Florida, the subject proposal for MIAMI ART MUSEUM at 1075 BISCAYNE BOULEVARD MIAMI, FLORIDA, has been submitted and reviewed to allow an application for MAJOR USE SPECIAL PERMIT, subject to all applicable criteria; The proposed development "Miami Art Museum" will be comprised of a new Three Story Building (77 feet 0 inches N.G.V.D. in height) of approximately 96,154 square feet of floor area to be used as a Museum with Art Galleries & Exhibition Spaces, Public Reading & Multipurpose Rooms, Bistro, Bar/Cafe, Studio & Seminar Classrooms, Curatorial Library, and Special Event Space. The project will provide 220 off-street parking spaces out the 242 off-street parking required. A Variance approval is hereby requested for 22 off-street parking shortfalls as part of this MUSP application. MAJOR USE SPECIAL PERMIT, as per Article 4, Section 4.01, Under Conditional Principal Uses of PR Parks (1), to allow the construction of a Museum with Art Galleries and Exhibition Spaces; This MAJOR USE SPECIAL PERMIT encompasses the following Special Permits 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 242 Proposed 220 Request to be waived: 22 SPECIAL EXCEPTION, as per Article 4, Section 4.01, under Conditional Principal Uses of PR Parks (2), to allow supporting social and entertainment services (such as restaurants, cafes and retailing), by Special Exception with City Commission approval; 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 923.2, to allow reduction of loading berth dimensions as follows; Required loading berth: Three (3) 12 feet wide x 35 feet long x 15 feet high Proposed loading berth: One (1) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 feet long x 15 feet high CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS II SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5.2, to allow identification and directional signs; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary 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 parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.3.2, to allow temporary 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 of at issuance of Foundation Permit: - The requirement to record in the Public Records a Declaration of Covenants 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 requirement 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 Variance for the proposed project the following findings have been made: CID 1 a • It is found that the proposed project "Miami Art Museum" is located in PR "Park and Recreation" zoning district and will be comprised of a new Three Story Building (77 feet 0,,., inches N.G.V.D. in height) of approximately 96,154 square feet of floor area to be used as a Museum with Art Galleries & Exhibition Spaces, Public Reading & Multipurpose Rooms, Bistro, Bar/Cafe, Studio & Seminar Classrooms, Curatorial Library, and Special Event Space. • It is found that the project will provide 220 off-street parking spaces out the 242 off-street parking required. A Special Exception request is a companion item of this Variance and both are associated with a MUSP application. w„ • It is found that a Metro -mover station is less than one thousand feet from the proposed Art Museum with a Metro rail station and two metro mover stations within a mile radius of the museum, and it is also complemented with ample public parking provided in the area. • It is found that the area of the proposed Museum promotes pedestrian interaction being bordered by the downtown core and the entertainment districts that are zoned CBD and SD -6. In these districts parking reductions can be sought when the site is in close proximity to public transportation systems. • It is found that with the proposed Museum located in the PR district, does not allow the provision to reduce parking and does not qualify as a hardship for a Variance. • It is found that there is no hardship to justify the requested Variance. Based on these findings, the Planning Department is recommending denial by the Planning Department as presented. Analysis for VARIANCE File ID: 09-00024v Yes No NIA. ❑ ® ❑ a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. ❑ ® ❑ b) The special conditions and circumstances do not result from the actions of the petitioner. ❑ ® ❑ c) Literal interpretation of the provisions of this Zoning Ordinance No. 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Ordinance No. 11000 and works unnecessary and undue hardship on the petitioner. ❑ Z ❑ d) Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. ❑ ® ❑ e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. ❑ ® ❑ f) The grant of the variance is in harmony with the general intent and purpose of Zoning Ordinance No. 11000, and is not injurious to the neighborhood, or otherwise detrimental to the public welfare by demonstration of compliance with the following additional criteria related to impact, character and design: 1) The variance, if granted, would result in a project that is consistent with the applicable criteria as set forth in Sections 1305.2 and 1305.3 of Zoning Ordinance No. 11000, as such design relates to the particular location for which the variance is being sought.