96-21953 RESO
RESOLUTION NO.
96-21953
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING TO CONSIDER THE WAIVING OF
CERTAIN DEVELOPMENT REGULATIONS PURSUANT TO
SECTION 6-12 (B) (4) OF THE ZONING ORDINANCE
PERTAINING TO SOUTH SIDE YARD PEDESTAL
SETBACK, NORTH SIDE YARD PEDESTAL SETBACK,
NORTH SIDE YARD TOWER SETBACK, PUBLIC
ACCESSWAY/DRIVEWAY TO THE BEACH, DRIVEWAY
WIDTH, HEIGHT OF ARCHITECTURAL PROJECTIONS,
LOADING SPACES, AND INTERIOR DRIVES-COLUMN
SEPARATION IN ORDER TO CONSTRUCT THE PROPOSED
LOEWS/ST. MORITZ 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 of the City of Miami Beach, it is necessary to waive
certain development regulations
pertaining to south side yard
pedestal setback, north side yard pedestal setback, north side yard
tower setback, public accessway/driveway to the beach, driveway
width, height of architectural projections, loading spaces, and
interior drives-column separation in order to construct the
proposed Loews/St. Moritz Hotel; 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 south side yard pedestal setback, north side yard pedestal
setback, north side yard tower setback, public accessway/driveway
to the beach, driveway width, height of architectural projections,
loading spaces, and interior drives-column separation pursuant to
Section 6-12 (B) (4) of the Zoning Ordinance in order to construct
the Loews/St. Moritz Convention Center Hotel, is hereby scheduled
on Wednesday, May 15, 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 17th day of
April
, 1996.
CITY CLERK
fORM APPROVED
LEGAL D~PT# /
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. A \ 3 - '1 {,
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
April 17, 1996
FROM:
Jose Garcia_pedl
City Manager
REQUEST F THE CITY COMMISSION TO SET A PUBLIC HEARING
TO WAIVE CERTAIN 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 May 15, 1996,
to waive all pertinent development regulations of the Zoning Ordinance regarding setbacks and
height as well as those pertaining to loading spaces and column separation from interior drives 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
ReviewIHistoric 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.
Notwithstanding the above, due to some design revisions to the project the Joint Design
ReviewlHistoric Preservation Board will re-hear the case on May 7, 1996. The project is also
scheduled to be heard again by the Historic Preservation Board on May 9, 1996. It is in anticipation
of the successful conclusion of these re-hearings that the Administration is requesting that the City
Commission set the hearing for a waiver of pertinent development regulations.
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AGENDA ITEM t '7 M.
DATE~-n-~(,
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.
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 required by this
Ordinance, except for the Historic Preservation and Design Review processes, may
be waived by a five-sevenths (517) vote of the City Commission for Development
pertaining to Governmental owned or leased Buildings, Uses and sites which are
wholly used by, open and accessible to the general public, and for Convention
Center Hotels and Convention Center Hotel Accessory Garages and City utilized
parking lots, provided they are continually used for such purposes." ...
A public hearing on such a waiver requires that a I5-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.
ANALYSIS
Because the project is anticipated to have received all necessary approvals from the required Boards
by May 9, 1996, the overall design and scope of the project will have been thoroughly scrutinized.
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. A separate retail building, located towards
Collins Avenue, is setback 25 feet from the south property line, a waiver of 3.35 feet is
required for said structure.
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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 require a waiver 4.44 feet.
3. North Side Yard Tower Setback
The Zoning Ordinance defmes "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
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 13.84 feet; therefore, the top
portion of the ballroom requires a waiver of 13.84 feet.
4. Public Accessway/Driveway 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 of 9.5 feet. The public accessway/driveway to beach, as
presently shown on the plans, has a setback of up to three feet from the south property line;
a waiver of 6.5 feet is required. However, in the event that it is deemed appropriate and
necessary in the future by the City Manager to connect said public accessway/driveway to
the property to the south in order to provide access for said property, this connection would
have a setback from the south property line of zero feet; a waiver of 9.5 feet is required.
5. Driveway Width
The public accessway to the beach, as described above, also serves as the driveway serving
the two loading spaces to the south of the St. Moritz. The Ordinance requires a width of 22'-
0" for a two-way drive. Since the accessway/drive is at its narrowest dimension only 10 feet,
a waiver of 12 feet is required.
6. 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 roofline; a waiver of 55 feet is required.
7. Loading Spaces
The Zoning Ordinance requires that a Hotel of 800 units provide nine (9) off-street loading
spaces. The proposed site plan indicates that a total of seven (7) off-street loading spaces
are to be provided; a waiver of two (2) off-street loading spaces is required.
8. Interior Drives - Column Separation
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The Zoning Ordinance requires that columns parallel on each side of an interior drive way
be setback an additional 1'-6" as measured from the edge of the driveway and the face of the
colunm. The proposed parking layout shows that the columns are located on the edge of the
driveways; a waiver of 1'-6" is required.
CONCLUSION
The Administration has concluded that the City Commission should proceed to set a public hearing
for May 15, 1996, to waive all pertinent development regulations as described above, pursuant to
Section 6-12,BA of the Zoning Ordinance to enable the construction of the Loews/St. Moritz
Convention Center Hotel.
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