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Resolution 2018-30292RESOLUTION NO. 2018 -30292 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING A WAIVER OF CERTAIN DUNE PRESERVATION OVERLAY REGULATIONS, BY A 5 /7TH VOTE OF THE CITY COMMISSION, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 142- 425(d), OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR), FOR THE ALTOS DEL MAR PARK PROJECT, LOCATED AT 76TH STREET AND COLLINS AVENUE, WITHIN THE HARDING TOWNSITE /SOUTH ALTOS DEL MAR HISTORIC DISTRICT AND WITHIN THE ALTOS DEL MAR NEIGHBORHOOD, IN ORDER TO WAIVE LDR SECTIONS 142 -774, 142- 774(4) AND SECTION 142 - 774(6), IN ORDER TO CONSTRUCT THREE (3) CONCRETE BEACHWALK LINKAGES AND A BEACH SHOWER BETWEEN THE OLD CITY BULKHEAD LINE AND THE EROSION CONTROL LINE (ECL). WHEREAS, Altos Del Mar Park is located east of Collins Avenue between 76th and 77th Street and is one of the few remaining beach front parcels within Miami Beach that is designated park land; and WHEREAS, on July 12, 2016, the Historic Preservation Board (HPB) approved the City's application for a Certificate of Appropriateness for the design of a new park design for Altos Del Mar, including the landscape design and the construction of a new 1 -story restroom facility; and WHEREAS, on October 18, 2017, pursuant to the City's Invitation for Bids (ITB) No.: 2017 - 146 -ZD, the Mayor and City Commission awarded the contract responsive to the ITB to West Construction, Inc. (Contractor), for the construction of the Altos Del Mar Park Project; and WHEREAS, the contract was executed on January 23, 2018, and on April 12, 2018, the Office of Capital Improvement Projects issued the Notice to Proceed to the Contractor for the construction of the Altos Del Mar park project; and WHEREAS, in order to construct in compliance with the Historic Preservation Board approval, and to be consistent with the land development regulations, the City Administration is seeking waiver of the City's Land Development Regulations (LDR); and WHEREAS, the City is seeking to waive LDR Sections 142 -774, 142 - 774(4), and 142- 774(6), in order to install three (3) concrete pathways ranging in width from six to twelve feet (6' -12'), and to install a beach shower between the old city bulkhead and the erosion control line (ECL); and WHEREAS, the development regulations are designed to accommodate and promote recreational, open space and related uses and structures that are compatible and supportive of the beachfront park system and natural environment and structures permitted under this division shall be designed to accommodate and channel pedestrian movement in such a manner as to protect and enhance vegetation and the beach; and WHEREAS, LDR Section 142 - 774(4), states, "[p]romenade linkages shall be constructed of wood materials and shall conform to the design specifications established in the beachfront park and promenade plan and sites having less than 300 Linear feet of oceanfront frontage shall be limited to one dune crossing and /or promenade linkage "; and WHEREAS, sites having more than 300 linear feet of oceanfront frontage shall be permitted one crossing or linkage per each additional 100 linear feet of frontage or part thereof and in no instance, shall the total aggregate number of crossings and linkages exceed four per site "; and WHEREAS, this request seeks to waive the beachwalk link limitation of a maximum of two (2) crossings, and allow the project to construct a total of three (3) links (crossings); and WHEREAS, LDR Section 142- 774(6), allows, "[ waalkways and ramps constructed of wood materials and which are not more than six feet in width "; and WHEREAS, this waiver request also seeks to waive this requirement by allowing concrete walkways, abutting the existing concrete beachwalk, in lieu of wood material, and allowing up to twelve (12) feet in width; and WHEREAS, LDR Section 142 -774, states that "no land or structure shall be used, in whole or in part, except for one of the following permitted uses; and WHEREAS, the proposed beach shower is not one of the permitted uses identified in the Dune Preservation Overlay; and WHEREAS, this request also seeks to waive the permitted uses to allow for the installation of the proposed beach shower; and WHEREAS, Altos del Mar Park is currently zoned Government Use (GU), open to the general public and, as per LDR Section 142- 425(d), the City Commission may waive by five sevenths vote (5 /7ths), following a duly noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the 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 Tots, provided they are continually used for such purposes;" and WHEREAS, the Mayor and City Commission desire to waive the development regulation in order to complete construction of the Altos Del Mar Park. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission set a public hearing to consider granting a waiver of certain Dune Preservation Overlay Regulations, by a 5 /7th vote of the City Commission, after a public hearing, pursuant to Section 142- 425(d), Of the City's Land Development Regulations (LDR), for the Altos Del Mar Park Project, located at 76th Street and Collins Avenue, within the Harding Townsite /South Altos Del Mar Historic District and within the Altos Del Mar Neighborhood, in order to waive LDR Sections 142 -774, 142- 774(4) and Section 142-774(6), in order to construct three (3) concrete beachwalk linkages and a beach shower between the old city bulkhead line and the Erosion Control Line (ECL). PASSED and ADOPTED this /0 day of M , 2018. ATTEST: r r Raf,: e anad Cit Clerk Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXEC ION 6/site City Attorney Diet INCOF�F' ORATED, MI/Jv\ BEACH Resolutions - C7 C COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 16, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING A WAIVER OF CERTAIN DUNE PRESERVATION OVERLAY REGULATIONS, BY A 5 /7TH VOTE OF THE CITY COMMISSION, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 142- 425(D), OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR), FOR THE ALTOS DEL MAR PARK PROJECT, LOCATED AT 76TH STREET AND COLLINS AVENUE, WITHIN THE HARDING TOWNSITE /SOUTH ALTOS DEL MAR HISTORIC DISTRICT AND WITHIN THE ALTOS DEL MAR NEIGHBORHOOD, IN ORDER TO WAIVE LDR SECTIONS 142 -774, 142- 774(4) AND SECTION 142- 774(6), IN ORDER TO CONSTRUCT THREE (3) CONCRETE BEACHWALK LINKAGES AND A BEACH SHOWER BETWEEN THE OLD CITY BULKHEAD LINE AND THE EROSION CONTROL LINE (ECL). RECOMMENDATION Administration recommends the City Commission approve the Resolution. ANALYSIS Altos Del Mar Park is located east of Collins Avenue between 76th and 77th Street and is one of the few remaining beach front parcels within Miami Beach that is designated park land. The Historic Preservation Board (HPB) reviewed the Application for Certificate of Appropriateness for the design of a new park, including landscape and the construction of a new 1- story restroom facility and approved it on July 12, 2016. Subsequently, the Design team moved forward with completing the construction documents and obtained permits through various local and State Agencies. On October 18, 2017, Pursuant to Invitation for Bids (ITB) 2017- 146 -ZD, the Mayor and City Commission awarded a contract to West Construction, Inc., for the construction of the Altos Del Mar Park Project. The contract was executed on January 23, 2018 and the Office of Capital Improvement Projects issued the Notice to Proceed for the construction of the Project on April 12, 2018. Construction of the project is currently underway. In order to construct three (3) concrete pathways ranging in width from six to twelve feet (6' -12'), and a beach shower between the old city bulkhead and the erosion control line (ECL), as approved by HPB (Attachment A), it will be necessary to obtain a waiver of Section 142 -774, 142 - 774(4), and 142- 774(6), of the City of Miami Beach Land Development Regulations. The development regulations are designed to accommodate and promote recreational, open space and related uses and structures that are compatible and supportive of the beachfront park system and natural environment. In Page 677 of 1842 addition, structures permitted under this division shall be designed to accommodate and channel pedestrian movement in such a manner as to protect and enhance vegetation and the beach. Section 142 - 774(4), states, "Promenade linkages shall be constructed of wood materials and shall conform to the design specifications established in the beachfront park and promenade plan. Sites having less than 300 linear feet of oceanfront frontage shall be limited to one dune crossing and /or promenade linkage. Sites having more than 300 linear feet of oceanfront frontage shall be permitted one crossing or linkage per each additional 100 linear feet of frontage or part thereof. In no instance, however, shall the total aggregate number of crossings and linkages exceed four per site." This request seeks to waive the beachwalk link limitation of a maximum of two (2), and allow the project to construct a total of three (3) links, as presented and approved to the HPB. Section 142- 774(6), allows, "Walkways and ramps constructed of wood materials and which are not more than six feet in width." This waiver request also seeks to waive this requirement by allowing concrete walkways, abutting the existing concrete beachwalk, in lieu of wood material, and allowing up to twelve (12) feet in width. Finally, Section 142 -774, states that "no land or structure shall be used, in whole or in part, except for one of the following permitted uses." The proposed beach shower is not one of the permitted uses identified in the Dune Preservation Overlay. This request also seeks to waive the permitted uses to allow for the installation of the proposed beach shower. Altos del Mar Park is currently zoned Government Use (GU), open to the general public and, as per Section 142- 425(d) of the City Code, the City Commission may waive by five sevenths vote (5 /7ths), following a duly noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the 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." CONCLUSION The Administration recommends the City Commission approve the resolution. Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description a Attachment A Site Plan Form Approved Reso Page 678 of 1842 z IL 1 2 .......... .. - - NV300 011NV11V Cm it ligilieuult 3NI1 3NOZ V1,433 .Z;nr,Ingo. , thrmii'loirtinfr ,111)tillitrviiiiimumiNINININirit '---- --,:g.-------____ / / / / / - 1111111ti r 1 NI 1 0 100% COS PERMITSET )043 ALTOS PEL MAR PARK -I - 73°1-1N3AV SNI1109 FIE) ) a Page 679 of 1842 UP, 31V1S