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93-20919 Reso RESOLUTION NO. 93-20919 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORrDA, WAIVING A CERTAIN DEVELOPKENT REGULATION REQUIRED BY ZONING ORDINANCE NO. 89-2665 TO ALLOW FOR THE CONSTRUCTION OF A KETAL ROOF FOR THE HARBOR MASTER BUILDING TO BE LOCATED AT THE MIAMI BEACH KARINA. WHEREAS, pursuant to city of Miami Beach Request for Proposal No. 54-83, the City accepted the proposal of Carner Mason Associates, Ltd. and subsequently entered into a Lease Agreement for the lease and development of the Miami Beach Marina, the Agreement dated June 24, 1983 (the "Marina Lease")~ and WHEREAS, Tallahassee Building Corporation acquired the interest in the Marina Lease previously owned by Carner Mason and is currently proceeding with improvements at the Marina, such improvements including, but not limited to renovations to the existing Marina Core Building and new construction of a Harbor Master Building~ and WHEREAS, the designs for the renovations to the Marina Core Building include maintaining the currently existing metal roof on the building~ and WHEREAS, in order to be compatible with the existing design of the Marina Core Building, the architect for the Harbor Master Building also included a metal roof design on that structure as well, such design approved by the Design Review Board on August 17, 1992; and WHEREAS, City of Miami Beach Zoning Ordinance Subsection 5-11, entitled "Roof Replacements", states in part that "[n] ew construction of pitched rqofs shall only be comprised of barrel tile or cement tile... .": and WHEREAS, as applied to the design for the new construction of the Harbor Master Building, compliance with this requirement would therefore require the building to be erected wi th a building material that would result in the structure being incompatible and inconsistent with the metal roof of the neighboring Marina Core Building~ and WHEREAS, Subsection 6-12B of the Ci ty I S Zoning Ordinance authorizes the Mayor and city commission to waive development regulations following a noticed public hearing~ and WHEREAS, waiving the development regulation in Subsection 5-11 of Zoning Ordinance No. 89-2665 to allow the inclusion of the metal roof design for the Harbor Master Building would allow it to be architecturally consistent and compatible with the Marina Core Building: and WHEREAS, on October 20, 1993 the City commission held a noticed pUblic hearing regarding this matter: and WHEREAS, the City Commission has determined that the development regulation in Subsection 5-11 of Zoning Ordinance No. 89-2665 should be waived in order to allow for a metal roof for the Harbor Master Building to be located at the Miami Beach Marina. NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and city Commission of the City of Miami Beach, Florida, that the development regulation in Subsection 5-11 of Zoning Ordinance No. 89-2665 is hereby waived to allow for the construction of a metal roof for the Harbor Master Building to be located at the Miami Beach Marina. [r~ CITY CLERK PASSED and ADOPTED this ATTESTs SWS:8cf:di8k6~rina.res , FORM APPROVED LEGAL DEPT. .--. ., .jc..;:> lite SUi,- \~-\~<Z~ 2 CITY OF MIAMI E3EACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH' FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (3115) 673.7010 FAX: (3115) 673-7712 COMMISSION MEMORANDUM NO. ~/.c;-q3 TO: Mayor Seymour Gelber and Members of the CIty Commission DATE:October 20, 1993 FROM: Roger M. Carlton City Manager SUBJECT: REQUEST FOR THE CITY COMKISSIOII TO WAIVE THE DEVELOPMENT REGULATIONS PURSUANT TO SECTION 6-12. B. h. OF THE ZONING ORDINANCE IN ORDER TO CONSTRUCT A KETAL ROOF ON A IIBW HARBOR MASTER BUILDING AT THE MIAMI BEACH MARINA (300 ALTON ROAD) ADMIIIISTRATIOII RBCOMMENDATIOII The Administration recommends that the City Commission waive the pertinent development regulation in the Zoning Ordinance regarding rOOfing material so that a metal roof may be constructed on a new marina structure at 300 Alton Road. BACKGROUND The proposed Harbor Master building, atop a dock at the western edge of the Miami Beach Marina, is within the South pointe Redevelopment Area and has been approved by the Design Review Board. Furthermore, the building is now under construction. However, at the present time the Ordinance does not permit any roof type except barrel or flat tile. Consequently the Design Review Board had no authority to approve the proposed metal roof, although it is clearly the best choice of material from a design perspective, as it would match the existing metal roof of the Marina Core Building to its east. The Administration is requesting that the City Commission waive the requirement of section 5-11 of the Zoning Ordinance regarding roofing materials, pursuant to Section 6-12.B.h. 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 (5/7) 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 requires that a 3.0 day notice be given and that the notice be posted on the property, advertised in the newspaper and mailed to all property owners within 375 feet. AlllALYSIS Because the Zoning Ordinance does not allow, at the moment, metal roofs, the Design Review Board has no authority to approve such 84 roofing material. The Ordinance is in the process of being amended 1 AGENDA ITEM R-3-G lD*2D,g3 DATE in order to expand the types of allowable roofing material. This Ordinance has received a favorable recommendation from the Planning Board and is expected to go before the commission at your November 17, 1993 meeting. COIIICLUSIOIII The Administration has concluded that the city commission should waive all pertinent development regulations pursuant to Section 6- 12.B.h. of the Zoning Ordinance in order to allow the construction of a metal roof for the new Harbor Master Building at the Miami Beach Marina. RMC:DJG:TRM c:\wp\t~\300'.ltn I I II " 1:1 II "I 'i I 85 2