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2001-24598 RESO RESOLUTION NO. 200'1';'24598 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING DEVELOPMENT REGULATIONS PURSUANT TO SECTION 142- 425(d) OF THE LAND DEVELOPMENT REGULATIONS FOR THE MIAMI BEACH CHAMBER OF COMMERCE FACaITYLOCATED AT 1920 MERIDIAN AVENUE; SAID WAIVER REGARDING THE MIAMI BEACH CHAMBER'S REQUIRED PARKING FOR FOUR (4) PARKING SPACES CORRESPONDING TO THE AREA LEASED TO STATE REPRESENTATIVE DAN GELBER PURSUANT TO CHAPTER 130 OF THE LAND DEVELOPMENT REGULATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT IN LIEU OF UNITY OF TITLE FOR THREE (3) PARKING SPACES TO BE PROVIDED IN THE CONVENTION CENTER AND HOLOCAUST MEMORIAL PARKING LOT(S). WHEREAS, the Miami Beach Chamber of Commerce (MBCC) is completing its new facility at 1920 Meridian Avenue; said facility will require 23 parking spaces, of which 16 will be provided on site and seven (7) spaces will be satisfied by a combination of (a) a waiver of development regulations (4 spaces) as permitted in City Code Section 142-425; and (b) pursuant to a restrictive Covenant in Lieu of Unity of Title (3 spaces) as permitted in City Code Section 130-36, in a form acceptable to the City Attorney; and WHEREAS, in order for MBCC to open its building in a timely manner, it is necessary to waive certain development regulations pertaining to MBCC facility's required parking pursuant to Chapter 130 of the City's Land Development Regulations for a site leased to a governmental use, which has been determined to be four (4) parking spaces, and said waiver will exist for so long as the lease to a governmental use is in place; and WHEREAS, the other three (3) spaces will be provided pursuant to a Covenant in Lieu of Unity of Title, for parking spaces in the Convention Center and Holocaust Memorial parking lot(s); and WHEREAS, for purposes of satisfying the three (3) required parking spaces within the Convention Center Parking lot(s), the Covenant in Lieu of Unity of Title will state that, if and, when the actual usage is required by MBCC, the user will pay the established parking rate for said use; and WHEREAS, pursuant to Section 142-425 (d) the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in a newspaper at least fifteen (15) days prior to hearing; and WHEREAS, on September 5, 2001, the Mayor and City Commission adopted a Resolution setting the public hearing to consider the development regulation waiver on today's date. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive the above described Development Regulations pursuant to Section 142- 425( d) of the Land Development Regulations for the Miami Beach Chamber of Commerce facility located at 1920 Meridian A venue; said waiver being specifically for the Miami Beach Chamber's required parking for four (4) parking spaces corresponding to the area leased to State Representative Dan Gelber pursuant to Chapter 130 of the Land Development Regulations; further authorizing the City Manager to execute a Restrictive Covenant in Lieu of Unity Of Title for three (3) parking spaces to be provided in the Convention Center and Holocaust Memorial parking lot(s), in a form acceptable to the City Attorney. PASSED AND ADOPTED THIS20thday of ,."-,, ~I. MAYOR Attest: ~rr~ CITY CLERK JMG/CMC/rar APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1I1~ City Attorney 0-h.-cJf Date T:\AGENDA\2001\sep2001\REGULAR\MBCC Parking Waiver RESO.doc ... ~- -~ht :I: " .c I- // o (It c c '" ..; '" w co :i w ... Q. W '" ,.: '" c '" '" => :I: ... ~ I. NOTICE IS HEREBY given that public hearings will be held by the I City Commission of the City of Miami Beach on Thursday, l September 20, 2001, at the times listed. below, in the ' Commission Chambers, 3rd Floor, City Hall, 1700 Convention I Center Drive, Miami Beach, Flori~a. .' i at 10:30 a.m.: l TO CONSIDER A WAiVER OF DEVELOPMENT REGULATIONS PURSUANT TO SECTION 142-425 (d) OF THE LAND !" DEVELOPMENT REGULATIONS FOR THE PROPOSED \ REGIONAL LIBRARY FACILITY, LOCATED IN THE COLLINS , PARK CULTURAL CAMPUS AREA, SAID WAIVER REGARDING THE LIBRARY FACILITY'S REQUIRED PARKING UNDER CHAPTER 130 OFTHE LAND DEVELOPMENT REGULATIONS. at 10:45 a.m.: TO CONSIDER A WAIVER OF DEVELOPMENT REGULATIONS I PURSUANT TO SECTION 142-425 (d) OF THE LAND , DEVELOPMENT REGULATIONS FOR THE MIAMI BEACH · CHAMBER OF COMMERCE FACILITY, LOCATED AT 1920 I MERIDIAN AVENUE; SAID WAIVER REGARDING THE MIAMI BEACH CHAMBER'S REQUIRED PARKING FOR THE AREA LEASED TO STATE REPRESENTATIVE, DAN GELBER, PURSUANT TO CHAPTER 130 OF THE LAND DEVELOPMENT REGULATIONS. . Inquiries may be directed to the City Manager's office at (305) 673-7010. ". . . , - Robert E. Parcher, City Clerk . _: City of Miami Beach Pursuant to Sectlo~ ~s6.0105, Fla. Stat., the City hereby advises the ~b1ic that if a' person decides to appeal any decision made by the City Comnussion with respect to any matter considered at its meeting ar its hearing, such pinson must" ensure that a verbatim record of the proceedings is made. which record Includes the 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 irrelevant evidence, nor does it authorize challenges or appeals not ~thelWise all?Wed by I~w. In accordance with the Americans with Disabilities Act of 1990. persons needing special accommodation to participate in this proceeding should contact the City Clerk's office. Telephone (305) 673-7411 fOr assistance;' if hearing . impaired. telephone the Florida Relay Service numbers. (BOO) 955-8n1 (TOO) or (800) 955-8nO (VOICE), for assistance. Ad Number 0043 . CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS .. " CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WWW.ci.miami~beach.fl.us CITY OF MIAMI BEACH To: From: Subject: - COMMISSION MEMORANDUM Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez \ . ~ City Manager ~ <tV' 0 Date: September 20, 2001 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING DEVELOPMENT REGULATIONS PURSUANT TO SECTION 142-425(d) OF THE LAND DEVELOPMENT REGULATIONS FOR THE MIAMI BEACH CHAMBER OF COMMERCE FACILITY LOCATED AT 1920 MERIDIAN AVENUE; SAID WAIVER REGARDING THE MIAMI BEACH CHAMBER'S REQUIRED PARKING FOR FOUR (4) PARKING SPACES CORRESPONDING TO THE AREA LEASED TO STATE REPRESENTATIVE DAN GELBER PURSUANT TO CHAPTER 130 OF THE LAND DEVELOPMENT REGULATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT IN LIEU OF UNITY OF TITLE FOR THREE (3) PARKING SPACES TO BE PROVIDED IN THE CONVENTION CENTER AND HOLOCAUST MEMORIAL PARKING LOT(S). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Miami Beach Chamber of Commerce (MBCC) is completing its new facility at 1920 Meridian A venue. The new facility will require 23 parking spaces, of which 16 will be provided on site and seven (7) spaces will be satisfied by a combination of (a) a waiver of development regulations (4 spaces); and (b) pursuant to a restrictive Covenant in Lieu of Unity of Title (3 spaces). The facility includes a 965 sf visitor center and 1,990 sf lease to State Representative Dan Gelber. In order for MBCC to open its building in a timely manner, it is necessary to waive certain development regulations pertaining to MBCC facility's required parking pursuant to Chapter 130 of the City's Land Development Regulations for a site leased to a governmental use, which has been determined to be four (4) parking spaces. Said waiver will exist for so long as the lease to a governmental use is in place. The other three (3) spaces will be provided pursuant to a Covenant in Lieu of Unity of Title for parking spaces in the Convention Center and Holocaust Memorial parking lot(s). For purposes of satisfying the three (3) required parking spaces within the Convention Center and Holocaust Memorial Parking lot(s), the Covenant in Lieu of Unity of Title will state that, if and, when the actual usage is required by MBCC, the user will pay the established parking rate for said use. AGENDA ITEM It 7 !3 DATE 9-<<0-01 September 20, 2001 Commission Memorandum Miami Beach Chamber of Commerce - Waiver of Development Regulations Page 2 of2 Pursuant to Section 142-425 (d) the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in a newspaper at least fifteen (15) days prior to hearing. On September 5, 2001, the Mayor and City Commission adopted a Resolution setting the public hearing to consider the development regulation waiver on today's date. CONCLUSION The Mayor and City Commission should adopt the Resolution waiving development regulations pursuant to section 142-425 (d) of the Land Development Regulations for the proposed Miami Beach Chamber of Commerce Facility, located at 1920 Meridian Avenue; said waiver regarding MBCC Facility's required parking for four (4) parking spaces corresponding to the area leased to State Representative Dan Gelber pursuant to Chapter 130 of the Land Development regulations; further authorizing the City Manager to execute a Covenant in Lieu of Unity of Title for three (3) parking spaces to be provided in the Convention Center and Holocaust Memorial parking lots. JMG/~/rar G:\CMGR\AGENDA\2(0)\sep200I\RBGULAR\MBCC Parkina Waiver.doc