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Resolution 93-21002 • RESOLUTION NO. 93-21002 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER WAIVING DEVELOPMENT REGULATIONS REQUIRED BY SUBSECTION 6-16 OF ZONING ORDINANCE NO. 89-2665 IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A FIVE LEVEL PARKING STRUCTURE AND RETAIL STORE COMPLEX AT 634-660 COLLINS AVENUE; SAID WAIVER TO BE CONDITIONED UPON THE CITY'S ACQUIRING TITLE TO THE AIR RIGHTS ABOVE THE FIRST LEVEL OF THE PROPOSED PARKING STRUCTURE ON THE SUBJECT PROPERTY. WHEREAS, Ballet Valet Parking Co. , Inc. wishes to construct a five-level parking structure and new retail store fronts and to reconstruct some existing retail storefronts at 634-660 Collins ' Avenue, Miami Beach, Florida; and WHEREAS, on October 12, 1993 the City's Joint Design Review/Historic Preservation Board granted a Certificate of Appropriateness and Design Review Approval to the project; and WHEREAS, on November 23, 1993 the City's Planning Board granted Conditional Use Approval for construction of the parking structure; and WHEREAS, the City of Miami Beach is seeking to acquire the air rights for all levels above the first floor of the subject property in order to allow for construction of the proposed parking structure; and WHEREAS, pursuant to Subsection 6-12 of Zoning Ordinance No. 89-2665, if the City acquires title to said air rights all space above the first level of the subject property will be in the Government Use (GU) Zoning District; and WHEREAS, properties located in the GU District are required to comply with the Development Regulations of the surrounding District, which is Mixed-Use Entertainment (MXE) District for the subject property; and WHEREAS, pursuant to Subsection 6-12 of Zoning Ordinance No. 89-2665 the City Commission, following a public hearing may waive by a five-sevenths (5/7) vote the development regulations otherwise required by the Zoning Ordinance for municipal buildings, uses and sites which are wholly used by and are open and accessible to the general public in the GU District; and WHEREAS, the proposed parking structure which will be 1 constructed in the air rights to be acquired by the City will be open and accessible to the general public; and WHEREAS, in order to construct the parking structure it is necessary to waive certain Development Regulations required by Subsection 6-16 of Zoning Ordinance No. 89-2665, including but not limited to those pertaining to height and set backs; and WHEREAS, the Administration has recommended that the City Commission waive the MXE Development Regulations in Subsection 6-16 of the Zoning Ordinance, conditioned upon the City's acquiring the air rights above the first level of the proposed parking structure on the subject property; and WHEREAS, the proposed project will help alleviate the tremendous shortage of parking in the area and will thereby benefit the public. 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 required by Subsection 6-16 of Zoning Ordinance No. 89-2665 in order to allow for the construction of a five-level parking structure and retail store complex at 634-660 Collins Avenue; said waiver to be conditional upon the City's acquiring title to the air rights above the first level of the parking structure, is hereby called to be held before the City Commission in its Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 19, 1994, beginning at 4:00 ,p .m. , and the City Clerk is hereeby authorized and directed to public appropriate Public 2 Notice of the said Public Hearing in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 15th day of December , 1993. ATTEST: e MAYOR qkCiLe _ CITY CLERK SWS:scf:disk6\waiv-dev.res FORM APPROVED LEGAL DEPT. By • Date `ws /o tlo • 3