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Ordinance 2021-4422 RM3 Oceanfront Ground Floor And Rooftop Additions In The Architectural District ORDINANCE NO. 2021-4422 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," SECTION 142-246, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO CREATE ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS; AND BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," SECTION 142-1161, "HEIGHT REGULATION EXCEPTIONS," TO CREATE ADDITIONAL REGULATIONS REGARDING ROOFTOP ADDITIONS FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach's (City) Land Development Regulations promote the protection, enhancement, and retention of the established architectural scale, character, and context of the City's multifamily zoning districts; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to adopt regulations that preserve, enhance and protect the unique architectural character and context of oceanfront lots within the Architectural District in Miami Beach; and WHEREAS, the Historic Preservation Board and Planning Board have reviewed and endorsed the proposed amendment to the Code set forth herein; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM-3 Residential Multifamily High _ Intensity," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. DISTRICT REGULATIONS * * * DIVISION 3. RESIDENTIAL MULTIFAMILY DISTRICTS * * * SUBDIVISION V. RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY * * * Sec. 142-246. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Minimum Minimum Lot Area Lot Average Maximum (Square Width Unit Size Unit Size Building Height Feet) (Feet) (Square Feet) (Square Feet) (Feet) New construction-550 Non-elderly and elderly low and moderate income housing-400 Workforce housing-400 New Rehabilitated buildings-400 construction— Hotel units: 800 15%: 300-335 Non-elderly 150 85%: 335+ and elderly low For hotel structures located within the and moderate Oceanfront lots— Collins Park District, generally income 200 bounded by the erosion control line housing-400 Architectural dist.: on the east, the east side of Workforce New Washington Avenue on the west, 23rd housing-400 construction-120; 7,000 50 Street on the north, and 17th Street Rehabilitated ground floor on the south, hotel units shall be a buildings-550 additions (whether minimum of 200 square feet. Hotel units— attached or For contributing hotel structures, N/A. The detached)to located within an individual historic number of units existing structures site, a local historic district or a may not on oceanfront national register district, which are exceed the lots-50 (except renovated in accordance with the maximum as provided in Secretary of the Interior Standards density set section 142-1161) and Guidelines for the Rehabilitation forth in the of Historic Structures as amended, comprehensive retaining the existing room plan. configuration and sizes of at least 200 square feet shall be permitted. Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life- safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. Hotel units within rooftop additions to contributing structures in a historic district and individually designated historic buildings-200. (c) Notwithstanding the above, for oceanfront lots located within a locally designated historic district or site, but not within the architectural district,with less than 400 feet of lineal frontage along Collins Avenue and containing at least one contributing structure, the maximum building height for ground floor additions to existing structures,whether attached or detached, shall be as follows: (1) For existing structures greater than five stories in height, the maximum height shall be limited to ten stories or the height of the roof line of the main structure on site, whichever is less. At the discretion of the historic preservation board, the maximum height of the ground floor addition may exceed ten stories if the existing and surrounding structures are greater than five stories in height, provided the addition is consistent with the scale and massing of the existing structure. (2) For existing structures five stories or less in height, the maximum height shall be limited to five stories. Additionally, the proposed addition shall not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board. (d) Notwithstanding the above, for oceanfront lots with a contributing structure and with no frontage on Collins Avenue that are located in the architectural district, the overall height of an-attached ground floor additions may exceed five stories and 50 feet, but shall not exceed the height of the roof lino of the -- - - - • - - -- e, : - •- -- - : existing contributing structure plus the height of any rooftop addition approved by the historic preservation board in accordance with 142-1161(d)(5), up to a maximum height of 120 feet, if the following conditions are satisfied: e e e - - - - -• - -- • - - e. - -• - - - - - only all motel - - - .. . . - • - -' -- - - - -- - - - ' - - - - - - - {3) Lll The proposed addition shall not be attached to front; or street side er--eft elevations, nor along any other principal elevations or facades, as determined by the historic preservation board. WO The proposed additions shall not - - - . - - - _ . - _ . - _ •- . corridors, Rer impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board. - • - - - - '=- - - - - • - e.. ••e - • - •- - - - - - ••-- - - -- - - , the area of the proposer! addition• s 4 e. _ t8-variance - 1. •••• -* y. area; and (4)L) Notwithstanding the above, for oceanfront lots located in the architectural district, with a lot area greater than 115,000 square feet, a ground floor addition, whether attached or detached, may exceed 50 feet in height, but shall not exceed 200 feet in height, in accordance with the following provisions: (1) Placement of the structure. The ground floor addition shall be located internal to the site, and shall be set back a minimum of 100 feet from the front property line, 75 feet from the street side property lines, and 100 feet from the rear(oceanfront) property line. (2) Limits on the floorplate of additions exceeding 50 feet in height. The maximum floor plate size for the portion of an addition that exceeds 50 feet in building height is 15,000 square feet per floor, excluding projecting balconies. The historic preservation board may approve an increase in this overall floor plate, up to a maximum of 20,000 square feet per floor, excluding balconies, in accordance with the certificate of appropriateness criteria in chapter 118, article X of these land development regulations. SECTION 2. Chapter 142, "Zoning Districts and Regulations,"Article IV"Supplementary District Regulations" Division 5 "Height Regulations" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: ARTICLE IV.—SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 5. - HEIGHT REGULATIONS Sec. 142-1161. Height regulation exceptions. For all districts, except RS-1, 2, 3 and 4 (single-family residential districts). * * (d) Rooftop additions. (1) Restrictions. There shall be no rooftop additions to existing structures in the following areas: oceanfront lots within with frontage on Collins Avenue in the Miami Beach Architectural District in the RM-3 er-CD-3 zoning districts; and non- oceanfront lots fronting Ocean Drive in the MXE zoning district. No variance from this provision shall be granted. (2) Additional regulations. Existing structures within an historic district shall only be permitted to have habitable one-story rooftop additions (whether attached or detached), with a maximum floor to ceiling height of 12 feet except as hereinafter provided. No variance from this provision shall be granted. The additions shall not be visible when viewed at eye level (5'-6" from grade) from the opposite side of the adjacent right-of-way; for corner properties, said additions shall also not be visible when viewed at eye level from the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side street right-of-way. Notwithstanding the foregoing, the line-of-sight requirement may be modified as deemed appropriate by the historic preservation board based upon the following criteria: (i) the addition enhances the architectural contextual balance of the surrounding area; (ii) the addition is appropriate to the scale and architecture of the existing building; (iii) the addition maintains the architectural character of the existing building in an appropriate manner; and (iv) the addition minimizes the impact of existing mechanical equipment or other rooftop elements. (3) Lincoln Road hotel additions. Notwithstanding the foregoing, a multistory rooftop addition, for hotel uses only, may be permitted for properties on Lincoln Road, located between Pennsylvania Avenue and Lenox Avenue, in accordance with the following provisions: a. For properties on the north side of Lincoln Road, a multistory rooftop addition shall be set back at least 75 feet from Lincoln Road and at least 25 feet from any adjacent side street. Additionally, the multistory addition may be cantilevered over a contributing building. b. For properties located on the south side of Lincoln Road, a multistory rooftop addition shall be set back at least 65 feet from Lincoln Road. c. The portion of Lincoln Lane abutting the subject property, as well as the remaining portion of Lincoln Lane from block-end to block-end, shall be fully improved subject to the review and approval of the public works department. d. Participation in the public benefits program, pursuant to subsection 142-337(d), shall be required in order for a hotel project to avail itself of a multistory rooftop addition. e. There shall be a limit of 500 hotel units for hotel projects including a multistory rooftop addition that are constructed between Pennsylvania Avenue and Lenox Avenue. (4) [Placement and manner of attachment]The placement and manner of attachment of all additions (including those which are adjacent to existing structures) are subject to historic preservation board approval. (5) Collins Waterfront Historic District,.and-Morris Lapidus/Mid-20th Century Historic District,. and oceanfront lots with no frontage on Collins Avenue within the Miami Beach Architectural District in the RM-3 zoning district. Notwithstanding the foregoing provisions of subsection 142-1161(d)(2), certain types of existing structures located within the Collins Waterfront Historic District and Morris Lapidus/Mid-20th Century Historic District and oceanfront lots with no frontage on Collins Avenue within the Miami Beach Architectural District may be permitted to have habitable rooftop additions (whether attached or detached) according to the following requirements: a. Height of rooftop additions permitted for structures of five stories or less: 1. Existing buildings of five or less stories may not have more than a one story rooftop addition, in accordance with the provisions of subsection 142- 1161(d)(2). Additionally, at the discretion of the historic preservation board, pursuant to certificate of appropriateness criteria, the maximum floor to ceiling height may be increased to 15 feet within the Morris Lapidus/Mid-20th Century Historic District. b. Height of rooftop additions permitted for hotel structures of greater than five stories: 1. For those structures determined to be eligible by the historic preservation board for rooftop additions of greater than one story in height according to the provisions of subsection (d)(7) below, one story is allowed per every three stories of the existing building on which the addition is to be placed, to a maximum of four additional rooftop addition stories, with a maximum floor to floor height of 12 feet, and a maximum floor to roof deck height of 12 feet at the highest new story. The additional stories shall only be placed on the underlying structure creating the eligibility for an addition. Additionally, at the discretion of the historic preservation board, pursuant to certificate of appropriateness criteria, the maximum floor to ceiling height may be increased to 15 feet within the Morris Lapidus/Mid- 20th Century Historic District,and on oceanfront lots with no frontage on Collins Avenue within the Miami Beach Architectural District, for up to two floors of a permitted roof-top addition. 2. Rooftop additions permitted under this subsection, which are greater than one story, shall be for the sole purpose of hotelunit development. A restrictive covenant in a form acceptable to the city attorney committing the property to such hotel use, subject to release by the historic preservation board when such board determines that the restriction is no longer necessary, shall be recorded prior to the issuance of any building permit for a rooftop addition greater than one story. (6) North Beach Resort Historic District. Notwithstanding the foregoing provisions of subsection 142-1161(d)(2), existing structures located within the North Beach Resort historic district may be permitted to have habitable rooftop additions (whether attached or detached) according to the following requirements: 6 of 8 a. Existing buildings of five or less stories may not have more than a one story rooftop addition, in accordance with the provisions of subsection 142- 1161(d)(2). b. For those structure determined to be eligible by the historic preservation board for rooftop additions of greater than one story in height, according to the provisions of subsection (d)(7)(4)below, existing buildings six or more stories may have a two story rooftop addition with a maximum floor to floor height of 12 feet, and a maximum floor to roof deck height of 12 feet at the highest new story. The additional stories shall only be placed on that portion of the underlying structure creating the eligibility for an addition. (7) Design and appropriateness guidelines. In determining if existing structures are eligible for rooftop additions, the historic preservation board, in addition to any and all other applicable criteria and guidelines contained in these land development regulations, shall consider whether: a. The design of an existing structure (or part thereof) to which a new rooftop addition is to be attached is of such nature or style that it does not contain any significant original architectural crown element(s) or other designed composition of significant architectural features, nor does the overall profile of the structure including its rooftop design features have a distinctive quality that contributes to the special character of the historic district, as determined by the historic preservation board. Significant rooftop or upper facade elements or features may include but shall not be limited to towers, domes, crowns, ziggurats, masts, crests, cornices, friezes, finials, clocks, lanterns, original signage and other original architectural features as may be discovered. b. The proposed rooftop addition shall be designed, placed and attached to an existing structure in a manner that: 1. Does not obscure, detract from, or otherwise adversely impact upon other significant architectural features of the existing structure, inclusive of significant features that are to be, or should be, restored or reconstructed in the future; 2. maintains the architectural contextual balance of the surrounding area and does not adversely impact upon or detract from the surrounding historic district; 3. Is appropriate to the scale and architecture of the existing building; 4. Maintains the architectural character of the existing building in an appropriate manner; 5. Does not require major demolition and alterations to existing structural systems in such manner as would compromise the architectural character and integrity of the existing structure; and 6. Minimizes the impact of existing mechanical equipment or other rooftop elements. c. The placement and manner of attachment of additions (including those which are adjacent to existing structures).are subject to the historic preservation board granting a certificate of appropriateness for any demolition that may be required as well as for the new construction. 7 of 8 d. The entire structure shall be substantially rehabilitated. e. Notwithstanding the foregoing, the overall height of any structure located in the Collins Waterfront Historic District or the North Beach Resort Historic District may not exceed the height limitations of the underlying zoning district. No additional stories may be added under this section through height variances from the underlying zoning district regulations. f. No variance from the provisions of subject subsection 142-1161(d) shall be granted. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this aG day of mar , 2021. ATTEST: ? � Cv L /Vs .;Ceti an Gelber, Mayor Rafael . Granado, ity' lerk *A'PROVED AS TO FORM AND �a. ,►NCORP ORATED: LNGUAGE AND FOR EXECUTION First Reading: May 12, 2021 4'�.,� r ' Second Reading: J ,ne 23, 2IN 1 4C '26�'`: � •' City Attorney 3 Date Verified By: _ 4 Th:mas R. 'rooney, 4ICP Planning Director T:\Agenda\2021\7_May 12\Planning\RM3 Oceanfront Additions in Architectural District -First Reading ORD.docx 8of8 'INCORP ORATED' • Ordinances - R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 26, 2021 5:02 p.m. Second Reading Public Hearing SUBJECT: RM3 OCEANFRONT GROUND FLOOR AND ROOFTOP ADDITIONS IN THE ARCHITECTURAL DISTRICT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," SECTION 142-246, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO CREATE ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS; AND BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," SECTION 142-1161, "HEIGHT REGULATION EXCEPTIONS," TO CREATE ADDITIONAL REGULATIONS REGARDING ROOFTOP ADDITIONS FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITYAND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY HISTORY On November 18, 2020, at the request of Commissioner Ricky Arriola, a discussion regarding the renovation of the Seagull hotel, located at 100 21st Street, was referred to the Land Use and Sustainability Committee (LUSC) and the Finance and Economic Resiliency Committee (FERC)by the City Commission (item C4J). On December 15, 2020, the LUSC discussed the proposal and continued the item to the January 2021 LUSC meeting. On January 20, 2021 the LUSC reviewed and discussed the attached draft Ordinance prepared by representatives of the Seagull hotel and recommended that the City Commission refer the item to the Planning Board. Separately, on January 22, 2021 the FERC considered the proposed vacation of a portion of the 21st Street right-of-way immediately abutting the Seagull Hotel and recommended that that it be approved in accordance with the proffers of the owners Page 34 of 358 of the Seagull hotel. On February 10, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred the item to the Planning Board (Item C4 D). BACKGROUND ' Representatives of the Seagull hotel (the "Applicant'), located at 100 21st Street, on the south side of 21st Street and along the oceanfront, are proposing a major renovation of the existing, contributing building, in order to accommodate a new hotel operator. As part of this renovation effort, the Applicant has proposed the following: 1. The vacation of the southern half of the 21st Street right-of-way (ROW) along the front of the Seagull hotel property. The effect of the vacation would be to enlarge the overall size of the development site by creating a unified development site, and therefore permit the aggregation of additional floor area (FAR) consistent with Section 1.03(c) of the City Charter and Section 118-5 of the City Code. As a condition of the proposed vacation, the Applicant would grant a perpetual, non-revocable easement in favor of the City, for the City's continued use of the ROW, so that roadway access and circulation would not be affected. The proposed vacation is pending before the City Commission. 2.Amendments to the Land Development Regulations (LDRs) pertaining to the development of the site, including height requirements for roof-top and ground level additions. The ROW vacation was approved at First Reading on February 10, 2021 (R7B) and is a companion item to the proposed LDR Amendments. ANALYSIS PLANNING ANALYSIS The Administration has met with the Applicant regarding the attached draft Ordinance, which would amend the applicable sections of the LDRs that apply to the proposed development on the site. The following summarizes current regulations, as well as the amendments proposed: Section 142-246(d) Oceanfront lots located within the Architectural District are currently permitted to construct ground level additions that exceed 50 feet in height, provided the addition does not exceed the height of the existing building and is not attached to the front, street side or oceanfront elevations. The proposed amendment will allow properties with no frontage on Collins Avenue to construct ground level additions at a height not to exceed the height of the existing contributing building, plus the height of any rooftop addition approved by the Historic Preservation Board, not to exceed 120 feet. Additionally, the addition can be attached to the oceanfront elevation, subject to the review and approval of the HPB. The remainder of the amendments to this subsection are non-substantive, including clean-up edits to delete obsolete provisions specific to previous projects that never materialized. These include regulations that would have applied to the previous Seagull project and the previous South Seas project(which is now part of the Raleigh/Richmond/South Seas project). Section 142-1161(d) Page 35 of 358 Rooftop additions are currently prohibited on oceanfront properties located within the Architectural District. The proposed amendment will allow for the construction of rooftop additions on oceanfront properties located within the Architectural District, with no frontage on Collins Avenue, in a manner that is consistent with allowable rooftop additions within the Collins Waterfront and Morris Lapidus/Mid-20th Century historic districts, subject to the review and approval by the HPB. Since the proposed amendments would allow for the rehabilitation of the Seagull Hotel, without increasing the height limits for the area, the Administration is supportive of the proposal. PLANNING BOARD REVIEW On April 27, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. UPDATE The subject Ordinance was approved at First Reading on May 12, 2021 with no changes. SUPPORTING SURVEY DATA Improved Development Process CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description ❑ Ordinance o Ad • Page 36 of 358 • • SUNDAY HAY 9 2021 I NEIGHBORS I t7NE CITY OF MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING VACATION OF THAT PORTION OF THE SOUTHERN HALF NOTICE OF PUBLIC HEARING OF 21ST STREET,GENERALLY LOCATED BETWEEN ORDINANCE AMENDING THE REGULATIONS PERTAINING APPROXIMATELY 150 FEET EAST OF COLLINS AVENUE AND TO RM-3 OCEANFRONT GROUND FLOOR AND ROOFTOP MIAMI BEACH DRIVE,AND CONSISTING OF APPROXIMATELY 6,736 SQUARE FEET IN TOTAL AREA ADDITIONS IN THE ARCHITECTURAL DISTRICT MAY.26,2021 CITY COMMISSION MEETING MAY 26, 2021 CITY COMMISSION MEETING On May 26.2021.the City of Miami Beach will host a Hybrid Commission Meeting.Doling the Hyland Commission Meeting.the Cay Commission will be physically present in a socially distanced manner In the On May 26,2021,the City of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid Commission Commission Chamber.Miami Beach City Hall.1700 Convention Center Drive.3rd Float.Miami Beach.FL Meeting,the City Conogstion will be physically present In a socially distanced manner in the Commission Chorea, 33139,while City staff attends the meeting vuruaby.Apphcanrs and the public are encouraged to,ancnd the Mlirel Beach CB,Hill,1700 Convention Center Drive,3rd Floor,Miami Beach,FL 33139,while Citystaff attends the meeting virtually Cas provided below!.However members of tiro public who wish to attend the meeting or meeting provide public comment in person may appear al the Commission Chamber.Mambo's of the public are required virtually.Applicants and the public are encouraged CoLo attend the:meeting virtually(as provided below). to wear facial coverings and-observe sociat distancing.consistent with CDC guidance to lima the spread However,members of the public who wish to attend the meeting.or provide pubic comment in person may appear at al covID-t9. the Commission Chamber.Members of the public are required to wear facial coverings and observe social distancing, To participate or provide comment virtually during the Commission Meeting.the public may join Inc webinar ac consistentwrth CDC Orland to IimIt the spread et COVI0.19, 7u:nsllmiami5s_�Egcorion.s,lhi'+9 767 L or via telephone at 1.301.715.9592(U s)or 886 475:4498 To participate Ge provide comment virtually during the Commission Meeting,the public may join the webinar at (Tell Eruct).Webinar ID:81392857671,r.Members or the public wanting to speak virtually on an item during tn. httos'llmiamibeaclrikcr oom usri81392857671 or via telephone at 1.391.715.8592(U.S.)or 888.475.4499(Toll meeting.must click tiro"raise hand"icon if using the loam app or press'9 an the telephone to raise that hand. Free).WEbmar ID:813928576716.Members of the public waiting to speak virtually on an item during the meeting. NOTICE s HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City must click the'raise hand'Icon If using the Zoom app or press'9 on the telephone to raise their nand. commissioners or the City at Miami Beach.Fon May 26,2021 at 5:03 p.m.or as soon thereafter an 'we mailer can be heard: 60TICE IS HEREBY GIVEN that the following Public Bearing win he heard by the Mayor and City Commissioners Of the City bva p.m.second Reading Pumic Heariria Of Miami Beach,Florida,on Nq 26.2021 at 5:02 p.m.or as soon atereatter as the matter can be heard: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA.APPROVING. llee411 Reldlne Plink Rearing ON SECOND READING/PUBLIC HEARING OF THIS RESOLUTION.THE VACATION OF THAT PORTION OF THE RM-3 OCEANFRONT GROUND FLOOR AND ROOFTOP ADDITIONS IN THE.ARCHITECTURAL DISTRICT SOUTHERN HALF OF 215T STREET,GENERALLY LOCATED BETWEEN APPROXIMATELY 150 FEET EAST OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA,AMENDING COLLINS AVENUE AND MIAMI BEACH DRIVE,AND CONSISTING OF APPROXIMATELY 6.736 SQUARE FEET IN THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH.BY AMENDING CHAPTER TOTAL AREA.AS MORE PARTICULARLY DESCRIBED IN EXHIBIT'A"TO THE MEMORANDUM ACCOMPANYING THIS RESOLUTION(THE'ROW').IN FAVOR OF THE ABUTTING PROPERTY OWNER.BHI UMITED MIAMI 142,'ZONING DISTRICTS AND REGULATIONS,"ARTICLE II.'DISTRICT REGULATIONS,"DIVISION 3,'RE5tDENTIAI CORPORATION(THE"APPLICANT"),PURSUANT TO SECTION 1.03(0);41 OF THE CITY CHARTER:FURTHER. MULTIFAMILY DISTRICTS,'SUBDIVISION V,'RHO RESIDENTIAL MULTIFAMILY,HIGH INTENSITY.'SECTION PROVIDING THAT THE VACATION OF THE CITY ROW SHALL BE SUBJECT TO AND CONDITIONED UPON THE 142246,'DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,'TO CREATE.ADDITIONAL REGULATIONS APPLICANTS DELIVERY OF CERTAIN PUBLIC BENEFITS TO THE CITY.INCLUDING A VOLUNTARY MONETARY REGARDING GROUND FLOOR ADDITIONS; AND BY AMENDING ARTCC),E IV, "SUPPLEMENTARY DISTRICT PAYMENT IN THE AMOUNT OF 57.400.000.120. A MAINTENANCE AGREEMENT PROVIDING FOR THE REGULATIONS,'DIVISION 5,'HEIGHT REGULATIONS,'SECTION 142.1161,'HEIGHT REGULATION EXCEPTIONS" INSTALLATION AND PERPETUAL MAINTENANCE OF AOOITIONAL LANDSCAPING WITHIN THE CITYS BEACH TO CREATE ADDITIONAL REGULATIONS REGARDING ROOFTOP ADDITIONS FOR PROPERTIES LOCATED IN THE ACCESS AND SEACHWALK AREA EAST OF MIAMI BEACH DRIVE AS MORE PARTICULARLY DEPICTED ON EXHIBIT'E"TO THE MEMORANDUM ACCOMPANYING THIS RESOLUTION,AND A PERPETUAL EASEMENT ARCHITECTURAL DISTRICT;PROVIDING FOR REPEALER,CODIFICATION,SEVERABILITY AND AN EFFECTIVE DATE. IN FAVOR'OF THE CITY OVER THE ROW.TO ENSURE CONTINUED PUBUC USE or TIlE ROW FOR CITY MS Ordinance to being heard Pursuant to Section 118-164 of the Cary''LandDeaelopmenl Code.Inquiries may be ACCESS,PEDESTRIAN AND VEHICULAR TRAVEL,AND UTILITIES.FURTHER,WAIVING.BY 5/7TH VOTE.THE erected to the Planning Department 31 305.673.7550. COMPETITIVE BIDDING REQUIREMENT,PURSUANT TO SECTION 02-38 OF THE CITY CODE FINOWG SUCH INTERESTED PARTIES are irMted to take part in this meeting or be represented by an agent Tne public may svbm0 WAIVER TO BE IN THE BEST INTEREST OF THE CITY.Irma Resolution cs being aeon dpursuant,n Section 9 766.047 written comments bysendirg an email to:cityClerkOmiamibeechR.otu bys:00p.m.the day before the City Commission F.S,ingtnrles may be eh'twee/ rhe O7fr'm al the City Attorney ar306.623 7470, Meeting.Please Identify the Agenda Item Number it the email Mimi line.Ernes received will be forwarded Ig the INTERESTED PARTIES are invited to rake part in this meeting or be represented by an agent.The public may Mayo!and Commissioners and will be included as a parte(Me meeting record. submit written comments by sending an email w:CityClnrktmiamikeachfl eau by 5:00 p.m.the day before the City Commission Meeting.Please identify the Agenda Item Number in the email subject line.Emails received will Copies of Agenda items are available for public inspection at n;toSYtwYAvmiamitca41TLcov/citYi eiticity cierkt be forwarded to the Mayor and Commissioners and will be Included as a parr of ria meeting record. Doenda'archlvaalnainyaoe-2I.Th)s meeting,or any Item therein,may N Continued,and Under such Circumstances, Copies of Agenda Items ere available for pubGcinspeciion at hrter//www mfemibeenhll.oily/cilrhell/city-clerk/ additional legal notice reed net be provided. aoenda•plehivnmabtsagr2L This meeung.or any Iter,therein,may be continued,and under such circumstances, Pursuant to Section 286.0105,Fla.Slat,the City hereby advises the public Cat if a person Geddes to appeal any additional legal notice need not be provided decision made by the City Commission with respect to any matter consicered at its meeting Of its hearing,such person Pursuant to Section 286.0105.Fra.Stat"the City hereby advises the pubic that if a person decides to appeal must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon any decision mads by the City Commission with respect to any matter considered a:iss meeting or its hearing. mew person must emote that a ver batlm record of the proceedings is made.which record includes the testimony which the appeal is to be based.This notice does nal constitute consent by the City for the nu0audlon or admisSan of and evidence upon which the appeal is to be leased.This notice docs not constitute consent by the City for the otherwise Inadmissible or irrelevant evidence,nor does II autiroelae challenges or appealsmat otherwise alc.nod by law. introduction or admission of otherwise inadmissible or',relevant evidence.nor doer(t authorise challenges or To request this material at alternate format,sign language Interpreter(fivday notice required),information on access appeals riot otherwise allowed bylaw. Int persons vdth disabiikies,and/or any accommodation to review any document or participate in any City-sponsored To request this material in alternate format.don language imarorater(liveday notice mewed).lnfum,atian on aceam proceedings,cad 305,604.2489 and select I for English or 2 for Spanish,then option B;TTY users may call vu 711 ter Dyson,aim disebdities.and/or any accommodation to reaew any dos nvem or participate in any Citnsponsored (Huta Relay Service). proceedings.ran 305.604.2489 and select 1 nor English or 1 tar Spanish,then npdcn B:TTY users may call via 711(Florida Relay Service). The Cny Gemmation Meeting will be broadcast live on Miami Bead TV(MBTV),viewable on the City's website at • • The City Commission Meeting will be broadcast Ove on Miami Beach TV TMBTV),viewable on the Gva website at 1111DS INMerriamibeach0.novfoovernmrntimblvl as well as on Atlantic Broadband.Saute channel 660,AT&T Uverse hnnc/fwwwv mianibeachil nay/aovermmunl/mbw/.as well as on Atlantic Broadband Cable channel 660.AT&T channel 99,Hotwire Communications Channel 395,and ROKU device On PEG.TV channel,and on social media at Uveae channel 99.Hotw)re Communications channel 395.and ROKU device on PEG.TV channel.and an social hYOSllww;ctacebcok com/citvoimiamiboech. media at huarf/www fuceboak corn/atvormram!teAch Rafael E.Granada Ory Clerk f /1 I /1 �r+, / !B E A C L..,� Rafael E.Granada,City Clerk "v11AMl BEACH 11/ /� V !1�I 1 City of Miami Beach t Qty of Miarm Bca4h cirvf'IerkitmiamihrarAn agy CityClerk@miamibeaChh ccv 305.673.7411 305.673.7411 AO:05262021-04 All:0526002193 Page 45 of 358