96-21986 RESO
RESOLUTION NO.
96-21986
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE WAIVER OF DEVELOPMENT REGULATIONS IN
SECTION SIX OF THE CITY'S ZONING ORDINANCE
PERTAINING TO SOUTH SIDE YARD SETBACK, NORTH
SIDE YARD SETBACK, NORTH SIDE YARD TOWER
SETBACK, PUBLIC ACCESSWAY/DRIVEWAY TO THE
BEACH, DRIVEWAY WIDTH, HEIGHT OF ARCHITECTURAL
PROJECTIONS, LOADING SPACES, AND INTERIOR
DRIVES/COLUMN SEPARATIONS TO ALLOW FOR THE
CONSTRUCTION OF THE PROPOSED LOEWS/ST. MORITZ
CONVENTION CENTER 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 the City of Miami Beach, it is necessary to waive the
development regulations pertaining to south side yard setback,
north side yard setback, north side yard tower setback, public
accessway/driveway to the beach, driveway width, height of
architectural
projections,
loading
spaces,
and
interior
drives/column separations which are set forth in Section 6 of the
Zoning Ordinance; and
WHEREAS, a separate retail building located towards Collins
Avenue on the proposed Convention Center Hotel site requires a
waiver of 3.35 feet from the south side yard pedestal setback of
28.35 feet; and
WHEREAS, on the north side of the proposed Convention Center
Hotel, there are open steps leading to a service landing for a
Florida Power & Light vault which require a waiver of 4.44 feet
from the north side yard pedestal setback of 19.44 feet; and
WHEREAS, the top portion of the proposed grand ballroom
requires a waiver of 13.84 feet from the north side yard tower
setback of 13.84 feet; and
WHEREAS, the public accesswayjdriveway to beach, as presently
shown on the plans, requires a waiver of 6.5 feet from the setback
for an accesswayjdriveway to the beach of 9.5 feet, but may require
a waiver of 9.5 feet in the future; and
WHEREAS, The public accessway to the beach for a two-way drive
requires a waiver of 12 feet from the driveway width setback of 22
feet; and
WHEREAS, the decorative cupola above the main roof deck which
houses mechanical equipment requires a waiver of 55 feet from the
height regulations for architectural projections; and
WHEREAS, the proposed Convention Center Hotel requires a
waiver of two (2) off-street loading spaces from the seven (7)
loading spaces required under the Zoning Ordinance; and
WHEREAS, the proposed parking layout requires a waiver of 1'6"
from the column separation and setback for interior drives of 1'6";
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 the above-
referenced development regulations for the construction of the
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Loews/St. Moritz Convention Center Hotel pertaining to south side
yard setback, north side yard setback, north side yard tower
setback, public accessway/driveway to the beach as required now and
in the future, driveway width, height of architectural projections,
loading spaces, and interior drives/column separations be waived.
PASSED and ADOPTED this 15th
, 1996.
ATTEST:
R 0 Lu.-l1- r tM-G~
CITY CLERK
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fORM APPROVED
By l~~
Date 5'-- f/~'J,('
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 2. 85 -CJ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
May 15, 1996
FROM:
Jose Garcia-Pedrosa ~
City Manager
REQUEST FOR HE CITY COMMISSION 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, upon holding a public hearing, 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 it is anticipated at the time
of this writing that the Joint Design ReviewIHistoric Preservation Board will have re-heard the case
on May 7, 1996. The project is also scheduled to have been 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 has requested that the City Commission hold this public hearing to consider a waiver
of the pertinent development regulations.
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AGENDA ITEM F\ 1 E
DATE~
Essentially, the project has several components - the construction of a new seventeen (17) 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.
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, as well as those pertaining to
loading spaces and column separation from interior drives, 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 (5/7) 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."...
TIris public hearing has required that a 15 day notice be given and, further that said notice be posted
on the property, advertised in a newspaper of general circulation and mailed to all property owners
within 375 feet, all of these requirements have been done.
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 defines "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.
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8. Interior Drives - Column Separation
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
column. 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 waiver requests are all reasonable and that the City
Commission should waive all pertinent development regulations as described above, pursuant to
Section 6-12,B.4 of the Zoning Ordinance to enable the construction of the Loews/St. Moritz
Convention Center Hotel.
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