96-21889 RESO
RESOLUTION NO.
96-21889
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING TO CONSIDER WAIVING THE
DEVELOPMENT REGULATIONS IN SECTION SIX OF THE
ZONING ORDINANCE PERTAINING TO SETBACKS,
HEIGHT, AND TEMPORARY CONSTRUCTION SIGNS TO
ALLOW FOR THE CONSTRUCTION OF THE PROPOSED
LOEWS/ST. MORITZ CONVENTION CENTER HOTEL.
WHEREAS, the proposed Loews/St. Moritz Convention Center Hotel
has received all necessary approvals from the required City Boards;
and
WHEREAS, in order for the Loews/St. Moritz Convention Center
Hotel to provide convention center hotel facilities to meet the
current needs the City of Miami Beach, it is necessary to waive the
development regulations pertaining to setbacks, height, and
temporary construction signs in Section 6 of the Zoning Ordinance;
and
WHEREAS, pursuant to Miami Beach Zoning Ordinance No. 89-2665,
Subsection 6-12B, the City Commission may waive certain development
regulations 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 a public
hearing to consider waiving the development regulations pertaining
to setbacks, height, and temporary construction signs in Section 6
of the Zoning Ordinance in order to allow for the construction of
the Loews/St. Moritz Convention Center Hotel, is hereby scheduled
on Tuesday, April 2, 1996 at 2:00 p.m. in the City Commission
Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and
the City Clerk is hereby authorized and directed to publish and
distribute the appropriate public notice of said public hearing at
which time and place all interested parties will be heard.
PASSED and ADOPTED this 20th
February
, 1996.
ATTEST:
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CITY CLERK
FORM APPROVED
LEGAL DEPT.
By.l/A1 hI~
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 8 ~ - g lo
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
February 20, 1996
FROM:
Jose Garcia-pedrosa/!
City Manager
REQUEST FOR HE CITY COMMISSION TO SET A PUBLIC HEARING
TO WAIVE THE DEVELOPMENT REGULATIONS PURSUANT TO
SECTION 6-12 (B) (4) OF THE ZONING ORDINANCE IN ORDER TO
CONSTRUCT THE LOEWS/ST. MORITZ HOTEL
SUBJECT:
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing on April 2, 1996,
to waive all pertinent development regulations in the Zoning Ordinance regarding setbacks and
height and the regulations pertaining to temporary construction signs for the proposed Loews/St.
Moritz convention center hotel.
BACKGROUND
The project has already received the following approvals from the respective Boards.
a. Certificate of Appropriateness for Design Review Approval from the Joint Design
Review/Historic Preservation Board was granted on October 24, 1995.
b. A recommendation to approve a Certificate of Appropriateness for Demolition from
the Historic Preservation Board was granted on October 24, 1995, and approved by
the City Commission on December 6, 1995.
Essentially, the project has several components - the construction of a new sixteen (16) story hotel
building including a ballroom, restaurants, swimming pool, recreational facilities, a grand palm court
and new perimeter retail buildings, as well as the rehabilitation, renovation and expansion of the
existing St. Moritz Hotel building, including a six (6) level addition to its south elevation.
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AGENDA ITEM
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DATE
The existing St. Moritz hotel is within the Ocean Drive/Collins Avenue Local Historic District and
is designated historic by the City's historic properties database.
The Administration is requesting that the City Commission waive all pertinent development
regulations regarding maximum height and side and rear setbacks, pursuant to Section 6-12 (B) (4)
of the Zoning Ordinance which reads, in part:
"Following a public hearing, the Development Regulations and any Design Review
process otherwise required by this Ordinance may be waived by a five-sevenths (517)
vote of the City Commission for Development pertaining to Municipal Buildings,
Uses and sites which are wholly used by, open and accessible to the general public"...
A public hearing on such a waiver requires that a 30 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 375 feet of the site.
ANALYSIS
Because the project has already received all necessary approvals from the required Boards, the
overall design and scope of the project has been thoroughly scrutinized and endorsed.
However, in order for the development of this project to proceed, it is necessary to waive the
following development regulations:
1. South Side Yard Pedestal Setback
The required south side setback is 28.35 feet. The proposed lanai wing, located
approximately at the center of the south lot line, is setback 18 feet from the property line.
Said structure, therefore, requires a setback waiver of 10.35 feet. A proposed retail area,
located towards Collins A venue, is setback 25 feet from the south property line; therefore,
a waiver of3.35 feet is required.
2. North Side Yard Pedestal Setback
The required north side setback is 19.44 feet. On the north side of the new convention center
hotel, there are open steps leading to a service landing for a Florida Power & Light vault.
These steps are setback 15 feet from the lot line and, therefore, require a waiver 4.44 feet.
3. North Side Yard Tower Setback
The Zoning Ordinance defines "tower" as that portion of the structure that is above 50 feet
in height as measured from the sidewalk (grade). The top of the proposed grand ballroom
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is 57.4 feet above grade. This means that the top 7.4 feet of the ballroom structure
technically falls within the tower setback, as opposed to the pedestal setback. The tower
setback requires the pedestal setback (19.44') plus an additional 13 feet; therefore, the top
portion of the ballroom requires a waiver of 13 feet.
4. Public Accessway to the Beach
The Ordinance requires a setback for decks and drives of 5% of the lot width. This results
in a required side yard setback of9.5 feet. The public access way to beach, as shown on the
plans, has a setback of three feet from the south property line, therefore, a waiver of 6.5 feet
is required.
5. Height of Architectural Projections
The Zoning Ordinance allows for architectural projections to extend 25 feet above the height
of the main roof deck. The decorative cupola, which houses the mechanical equipment,
extends 80 feet above the main roof line. A waiver of 55 feet is required.
6. Temporary Construction Sign
The maximum size allowed by the Ordinance for temporary construction signs is 75 square
feet. The proposed construction sign would measure six feet high by 16 feet wide, or a total
of 96 square feet. A waiver of 21 square feet is thus required.
CONCLUSION
The Administration has concluded that the City Commission should proceed to set a public hearing
for April 2, 1996, to waive all pertinent development regulations pursuant to Section 6-12 (B) (h)
of the Zoning Ordinance for the construction of the Loews/St. Moritz Convention Center Hotel.
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