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2009-27093 ResoRESOLUTION NO. 2009-27093 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING THE DEVELOPMENT REGULATIONS FOR AN ADDITION TO A TEMPORARY PARKING LOT IN COLLINS PARK TO TEMPORARILY REPLACE LOST PARKING WHILE THE EAST PARKING LOT, LOCATED ON COLLINS AVENUE BETWEEN 21ST AND 22ND STREETS, IS RENOVATED, PURSUANT TO SECTION 142-425(d) OF THE CITY CODE. WHEREAS, the Collins Park Improvements project, which includes a complete renovation of Collins Park, adjacent streets, and the East Parking Lot, located on Collins Avenue between 21St and 22"d Streets, is under construction; and WHEREAS, due to the different aspects of the project, the Capital Improvement Projects Office (CIP) has developed a phasing schedule for the project with the contractor that takes into consideration the Art Basel event; and WHEREAS, the prospect a temporary reduction in public parking was anticipated by staff during the pre-construction coordination efforts and meetings with stakeholders and surrounding property owners were held and efforts were made to mitigate the impact from the temporary loss of parking by providing temporary parking within Collins Park and in front of the Bass Museum; and WHEREAS, on September 10, 2008, the City Commission passed Resolution No. 2008- 26841 waiving development regulations and authorizing the construction of a temporary parking lot within Collins Park and in front of the Bass Museum; and WHEREAS, new complaints about the lack of public parking were raised during the May 13, 2009 City Commission meeting; and WHEREAS, there was discussion at the May 13, 2009 City Commission meeting about providing additional parking in the temporary parking lot within Collins Park; and WHEREAS, the Collins Park property is zoned GU, Government Use and Section 142- 422 of the City of Miami Beach Code lists parking lots as one of the main permitted uses and Section 130-70, "Temporary parking lot standards," states that temporary parking lots may be operated in the GU government use district; and WHEREAS, Section 130-70(2), of the City Code requires that a temporary parking lot include no less than one inch of asphalt over afour-inch limerock base; and WHEREAS, Section 130-70(8), "Landscaping Requirements" of the Code requires a landscape plan that, at minimum, indicates a five foot wide landscaped area bordering the surface area along a property line, street, alley or sidewalk; one canopy tree every 20 feet of frontage; a hedge that is at least 36 inches in height at the time of planting; and an in-ground irrigation system that covers 100 percent of the landscaped areas; and WHEREAS, Section 142-425 (a), "Development regulations," state that for the GU, government use district, the regulations shall be the average of the requirements contained in the surrounding zoning districts. The surrounding zoning district is CD-2 commercial, medium intensity and Section 142-307, "Setback requirements," requires afive-foot side yard setback for a surface parking lot; and WHEREAS, this temporary parking lot accommodates a total of one hundred ten (110) parking spaces, of which one hundred five (105) are regular spaces and five (5) are handicap parking spaces; and WHEREAS, CIP has prepared a plan to expand the existing temporary parking lot that provides approximately eighty five (85) additional parking spaces; and WHEREAS, the temporary parking would then be removed after the East Parking Lot is completed, and ahead of the construction of the Collins Park improvements; and WHEREAS, it is estimated that construction of the East Parking Lot should be complete in September 2009; and WHEREAS, should the Commission desire to construct a parking facility, for the very limited time contemplated, and should there be a desire to save funds by not constructing the parking lot to the temporary parking lot standards, certain waivers from the City Code will be required; and WHEREAS, pursuant to Section 142-145 (d), following a public hearing, the development regulations required by the City Code, except for the historic preservation and design review processes, may be waived by afive-sevenths vote of the City Commission for developments pertaining to governmental owned buildings, uses and sites which are wholly used by, open and accessible to the general public; and WHEREAS, the waivers would be for provisions found in the previously-cited Section130-70(2), Section 130-70(8), and Section 142-307; and WHEREAS, should the decision to construct the temporary parking lot with the recommended waivers be made, then the proposed project would be submitted to regulatory staff for their review and approval that would lead to a Certificate of Appropriateness for the project; and WHEREAS, under this scenario, then the projected scope of work would include removal of existing sod material, the placement, grading, and compaction of a four-inch (4") layer of crushed rock, parking striping and symbols, and removal of the temporary parking lot upon completion of the East Parking Lot renovations; and WHEREAS, a proposal for the above option has been secured from Metro Express, the Collins Park project contractor, in the negotiated amount of $50,000 from previously appropriated City Center RDA Fund 365. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby adopt a resolution for the purpose of waiving the development regulations as specified above in sections 130-70(2), 130-70(8), and 142-307, for an addition to a temporary parking lot in Collins Park to temporarily replace lost parking while the East lot is being renovated, pursuant to Section 142-425(d) of the City Code. PASSED AND ADOPTED this 3rd day of June , 2009. AT HERRERA O AY R ATTEST: ~ Pte. ~..~ ROBERT ~: PARCHER, CITY CLERK APPROVED AS TO F & LANGUA FOR CUTI laf' , ,,. ~° a sr d9 EY~ ate T:WGENDA12009\June 3\Regular\Collins Park Temporary) Parking Lot - RESO.doc COMMISSION ITEM SUMMARY Cnndpnsed Title A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, waiving the development regulations for an addition to a temporary parking lot in Collins Park to temporarily replace lost parking while the East Lot is renovated, pursuant to section 142-425(d) of the City Code. Key Intended Outcome Supported: Ensure well designed quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): Available parking is ranked #5 by residents as one of the changes that will make Miami Beach a better place to live, work, play or visit; 77% of residents rated availability of parking across Miami Beach as too little or much too little. Issue: Should the Ci Commission ado t the Resolution? Item summa /Kecommenaat~on: PUBLIC HEARING The Collins Park Improvements project includes a complete renovation of Collins Park, adjacent streets, and the East Parking Lot, which is located just east of Collins Park. This work is divided into two phases. Phase One of the project is the reconstruction and improvement of the East Parking Lot and the Rotunda within Collins Park. Phase Two will be the renovation and improvements of Collins Park proper and the surrounding streets to match the improvements previously completed for the Regional Library, the Miami City Ballet, and the Bass Museum. As part of Phase Two, the temporary parking lot will be demolished. On September 10, 2008, the City Commission passed Resolution No. 2008-26841 waiving development regulations and authorizing the construction of a temporary parking lot within Collins Park and in front of the Bass Museum. The temporary parking lot has approximately one hundred ten (110) parking spaces. Complaints about the lack of parking were raised during the May 13, 2009 City Commission meeting. Discussion followed about expanding the temporary parking lot within Collins Park. In order to construct a temporary parking lot for the limited time contemplated and to save funds by not constructing the parking lot to the temporary parking lot standards, certain waivers from the City Code will be required. Pursuant to Section 142-145 (d), following a public hearing, the development regulations required by the City Code, except for the historic preservation and design review processes, may be waived by afive-sevenths vote of the City Commission for developments pertaining to governmental owned buildings, uses, and sites which are wholly used by, open and accessible to the general public. The projected scope of work with the recommended waivers includes the following: • Removal of 4" bottom layer and sod, • The placement, compaction, and grading of a four inch (4") layer of crushed rock, • Application of parking striping and symbols to accommodate the approximate 85 additional parking spaces, and • Removal of the temporary parking lot upon completion of the East Parking Lot renovation. A proposal for the above option, which essentially waives the requirements for asphalt, lighting and landscaping, has been secured from the Collins Park project contractor in the negotiated amount of $50,000. Funding is available from previously appropriated funds in City Center RDA Fund 365, for Construction, in Account number 365-2398-067357. This amount should be recovered through parking revenue at the lot. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Fu s• 1 $50,000 365-2398-067357 City Center RDA (Construction) 2 3 O P Total $50,000 Financial Impact Summary: Ci Clerk's Office Le illative Trackin Keith Mizell/ Jor a Gomez/ Merc Lamazares Sign-Offs: ~ i De artme i or Assist t C ana er Ci M a er FHB T JMG ~L v /~ ~ ~ j~ /f~ I ~ C~~ ~ AGENDA ITEM C ~ f til 1 111I-1 G DATE .6'3 "0 9 m MIAMIBEACH City of Miami Bsach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~„~~ DATE: June 3, 2009 PUBLIC HEARING SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING THE DEVELOPMENT REGULATIONS FOR AN ADDITION TO A TEMPORARY PARKING LOT IN COLLINS PARK TO TEMPORARILY REPLACE LOST PARKING WHILE THE EAST PARKING LOT, LOCATED ON COLLINS AVENUE BETWEEN 21ST AND 22ND STREETS, IS RENOVATED, PURSUANT TO SECTION 142- 425(d) OF THE CITY CODE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding of $50,000 for the cost of constructing an addition to the temporary parking lot is available from previously appropriated funds in City Center RDA Fund 365, for construction, in account number 365-2398-067357. It is anticipated that these costs will be recovered through the collection of the City's standard parking rates at the lot. ANALYSIS The Collins Park Project includes a complete renovation of Collins Park, adjacent streets, and the East Parking Lot which is located just east of Collins Park. This work is divided into two phases. Phase One of the project is the reconstruction and improvement of the East Parking Lot and the Rotunda within Collins Park. Phase Two will be the renovation and improvements of Collins Park proper and the surrounding streets to match the improvements previously completed for the Regional Library, the Miami City Ballet, and the Bass Museum. As part of Phase Two, the temporary parking lot will be demolished. The Capital Improvement Projects Office (CIP) developed this phasing plan to accommodate the return of Art Basel and the ArtPositions placements in the vicinity of the East Parking lot. It is anticipated that this phase of the construction will be complete in September 2009 before Art Basel. Phase Two is scheduled to begin upon the end of Art Basel so that there is no construction during the events. A temporary reduction in public parking during Phase One was anticipated by staff during the pre-construction coordination efforts. Staff met with area stakeholders to facilitate an understanding of the Collins Park Project construction impacts and to make some City Commission Memorandum June 3, 2009 Collins Park -Addition to the Temporary Parking Lot Page 2 of 3 arrangements to accommodate the businesses in the area. The major stakeholders such as the W Hotel, the Days Inn, the Regional Library, the Bass Museum, and the Miami City Ballet agreed that the arrangements made were satisfactory and that the scheduling of the parking lot improvements was acceptable. The W Hotel also made independent arrangements by leasing a private lot at Alton Road and 7~' Street. However, objections to the temporary loss of public parking were raised during the July 2, 2008 Project Pre-construction Public Meeting by area residents, some property and hotel owners, the Art Basel representative, and the Collins Park Neighborhood Association. In response, on September 10, 2008, the City Commission passed Resolution No. 2008-26841 waiving development regulations and authorizing the construction of a temporary parking lot within Collins Park and in front of the Bass Museum. The temporary parking lot accommodates approximately one hundred ten (110) parking spaces; of which approximately one hundred five (105) are regular spaces and five (5) are handicapped parking spaces that comply with ADA standards. Since construction of the temporary parking lot construction has commenced on the Collins Park Project and the East Parking lot was closed on May 4, 2009. New complaints about the lack of parking were raised during the May 13, 2009 City Commission meeting. There was discussion at this meeting about providing additional parking in the temporary parking lot within Collins Park. CIP has prepared a plan to expand the existing temporary parking lot that provides approximately eighty five (85) additional parking spaces. It should be noted that the Collins Park property is zoned GU, Government Use. Sec. 142- 422 of the City of Miami Beach Code lists parking lots as one of the main permitted uses. Additionally, Section 130-70, "Temporary parking lot standards", states that temporary parking lots may be operated in the GU government use district. Section 130-70(2) of the City Code requires that a temporary parking lot include no less than one inch of asphalt over a four-inch limerock base. Section 130-70(8) "Landscaping Requirements" of the Code requires a landscape plan that, at minimum, indicates a five foot wide landscaped area bordering the surface area along a property line, street, alley or sidewalk; one canopy tree every 20 feet of frontage; a hedge that is at least 36 inches in height at the time of planting; and an in-ground imgation system that covers 100% of the landscaped areas. Moreover, as a note of information, Section 142-425, "Development regulations," state that for the GU, Govemment Use District, the regulations shall be the average of the requirements contained in the sun-ounding zoning districts. The surrounding zoning district is CD-2 Commercial Medium Intensity and Section 142-307, "Setback Requirements," requires a five-foot side yard setback for a surface parking lot. In order to construct a temporary parking lot for the very limited time contemplated and to save funds by not constructing the parking lot to the temporary parking lot standards, certain waivers from the City Code will be required. Pursuant to Section 142-145 (d), following a public hearing, the development regulations required by the City Code, exceptforthe historic preservation and design review processes, may be waived by afive-sevenths vote of the City Commission for developments pertaining to governmental owned buildings, uses, and sites which are wholly used by, open and accessible to the general public. The waivers City Commission Memorandum June 3, 2009 Collins Park -Addition to the Temporary Parking Lot Page 3 of 3 would be for provisions found in the previously-cited Section130-70(2), Section 130-70(8) and Section 142-307. The projected scope of work with the recommended waivers includes the following: • Removal of 4" bottom layer and sod, • The placement, compaction, and grading of a four inch (4") layer of crushed rock, • Application of parking striping and symbols to accommodate the approximate 80 additional parking spaces, and • Removal of the temporary parking lot upon completion of the East Parking Lot renovation. A proposal for the above option, which essentially waives the requirements for asphalt, lighting and landscaping, has been secured from Metro Express, the Collins Park project contractor, in the negotiated amount of $50,000. This amount is anticipated to be recovered by our standard parking rates for use of the lot. Section 142-425(e) requires a public notice to be advertised in a newspaper of general paid circulation in the city at least 15 days prior to the hearing. Fifteen days prior to the public hearing date, both a description of the request and the time and place of such hearing shall be posted on the property, and notice shall also be given by mail to the owners of land lying within 375 feet of the property. The notice of public hearing was published in the Miami Herald on May 20, 2009, a sign was posted on the site, and notices were sent to adjacent properties. CONCLUSION The Administration recommends the adoption of a resolution waiving the development regulations for the construction of a temporary parking lot in Collins Park to temporarily replace lost parking while the lot is renovated, pursuant to Section 142-425(d) of the City Code. A five-sevenths vote of the city commission is required to approve a waiver or use that is considered under this regulation. JMG/TH/FHB/JCC/RW S/HKM T:WGENDA\2009Wune 3\Regular\Collins Park Temporary) Parking Lot - MEMO.doc Al WEDNESDAY, MAY 20, 2009 I 7A ^ lV1~C'1r`V1~V~~1.~ C(TY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ', NOTICE IS HEREBY given thaf apublic hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3'~ floor, City :Hall, 1.700 ', Convention Center Drive, Miami Beach, Florida, on Wednesday, June 3, 2009 at 10:35 A.M., To ', Waive The Development Regulations For An Addition To A Temporary Parking Lot In Collins-Park To Temporarily Replace Lost Parking While The East Parking Lot, Located On Collins Avenue li Between 21St And 22ntl Street, Is Renovated, Pursuant To Secfion 142-425(d) Of The City Code. II Inquiries may be directed to the City Manager's Office at (305).673-7010. INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in writing addressed to the City Commission e/o the City Clerk, 1700 Convention Center Drive, 1St Floor, City Hall, .Miami Beach,.. Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Pursuant to Section 286.0105, FL Statutes, the City .hereby advises the public that: if a Person decides to appeal any decision made by the City Commission with respect 'to any ~mafter- considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includesthe testimony and evidence upon which the appeal is to be based. This notice does-not constitute. consent by the City for the introduction or admission of otherwise inadmissible or irrelevarit evidence,: nor does it authorize challenges or appeals not otherwise allowed by law. To request this .material in accessible format, Sign language interpreters information on access far persons with disabilities, and/or any accommodation to review any document•or participate in any City sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five ,days in.advance#o initiate your request TTY users may also call 711 (Florida Relay Service). Ad #542