98-22968 RESO
RESOLUTION NO.
98-22968
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A
PUBLIC HEARING TO CONSIDER A WAIVER OF
DEVELOPMENT REGULATIONS, PURSUANT TO SECTION
142 OF THE CODE OF THE CITY OF MIAMI BEACH, IN
ORDER TO ALLOW THE CONSTRUCTION OF A TWO
STORY ADDITION AT THE SCOTT RAKOW YOUTH
CENTER ENCROACHING INTO THE REQUIRED
SETBACKS.
WHEREAS, the proposed addition to the Scott Rakow Youth Center has received approval
from the Mayor and City Commission, the Youth Center Advisory Board, and the community; and
WHEREAS, in order for the construction of the two story addition to be possible it is
necessary to waive the development regulations pertaining to setbacks, as set forth in Section 142
of the Code of the City of Miami Beach; and
WHEREAS, pursuant to the Code of the City of Miami Beach, Subsection 142-425(d) and
( e), the Mayor and 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 setbacks in Section 142 of the Code of
the City of Miami Beach, in order to allow for the construction of a two story addition to the Scott
Rakow Youth Center, is hereby scheduled on Wednesday, December 16,1998 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 all interested parties will be heard.
PASSED and ADOPTED this 18th day of
November
,1998.
ATTEST:
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MAYOR
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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NOV. 9.1998 10:43AM CARR SMITH CORRADINO
NO. 329 P.2
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NOV. 9.1998 10:43AM
CARR SMITH CORRADINO
NO. 329
P.3
PROPI:RTY LINE
CORRADINO
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CITY OF UJAMI BEACH
s::orr RAKOW CENTER
ADOlTlCNS t AEMwAno..s
:ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM No.I/O -9 g'/
FROM:
Mayor Neisen O. Kasdin and DATE: November 18, 1998
Members of the City ~mmission
Sergio ROdrigu~z . /(j
City Manager I
. Ii
A RESOLvr . N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF ~1I1 MI BEACH, FLORIDA SETTING A PUBLIC HEARING TO
CONSIDER A WAIVER OF DEVELOPMENT REGULATIONS, PURSUANT
TO SECTION 142 OF THE CODE OF THE CITY OF MIAMI BEACH, IN
ORDER TO ALLOW THE CONSTRUCTION OF A T\VO-STORY
ADDITION AT THE SCOTT RAKOW YOUTH CENTER ENCROACHING
INTO THE REQUIRED SETBACKS.
TO:
SUBJECT:
RECOMMENDA TION
Adopt the Resolution.
BACKGROUND
The project scope involves the construction of a two story addition to the existing Scott Rakow
Youth Center for the location of a new Ice Skating Rink within the facility.
At the July 15, 1998 Commission meeting the Administration was directed to develop construction
documents for a new Ice Rink at the Scott Rakow Youth Center with an ice surface of 65ft by 130ft.
To accomplish this a waiver of development regulations regarding minimum setback requirements
and a partial vacation of Sheridan Street would be required.
The Administration is now requesting that the Mayor and members of the City Commission
reconsider the direction given to the Administration at the July 15, 1998 Commission meeting and
allow construction ofan Ice Rink with an ice surface of approximately 65ft by 125ft instead of 65ft
by 130 ft. This size would not require a partial vacation of Sheridan Street, but it would require a
waiver of the development regulation regarding the minimum setback dimensions for the site,
pursuant to the Code of the City of Miami Beach in Section 142, Subsection 142-425.(d) which
reads, in part:
AGENDA ITEM c.... J F
DATE I \ - \ g - 9K
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"(d) Following a public hearing, the development regulations required by these land development
regulations, except for the historic preservation and design review processes, may be waived by a
five-sevenths vote of the city commission for developments pertaining to governmental o\vned 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. Notwithstanding the above, no
GU property may be used in a manner inconsistent with the comprehensive plan. In all cases
involving the use ofGD property by the private sector, or joint government/private use, development
shall conform to all development regulations in addition to all applicable sections contained in these
land development regulations and shall be reviewed by the planning board prior to approval by the
city commission. All such private or joint government/private uses are allowed to apply for any
permittee variances. Private or joint government/private uses shall not be eligible to waive any
regulations as described in this paragraph."
A public hearing on such a waiver requires that a IS-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 of the site.
ANAL YSIS:
The project overall design and scope has already been thoroughly scrutinized and endorsed by the
community, the Parks Advisory Board and the City Commission. The project is not required to be
submitted to the Historic Preservation Board, it will be submitted to the Design Review Board at a
later date.
The proposed setbacks will be 0'-0" both on the 28th Street side as well as the Sheridan Avenue side.
The proposed setback on 28th Street follows the existing setback at another portion of the site.
There is a 20'-0" swale on the 28th Street side which mitigates the setback waiver. The setback on
Sheridan Avenue would require a waiver of20'-0".
CONCLUSION
The Administration has concluded that the City Commission should proceed to set a public hearing
for December 16, 1998, to waive development regulations for minimum setbacks pursuant to
Section 142, Subsection 142-425.(d) of the Code of the City of Miami Beach, in order to allow for
the construction of a two story addition to the existing Scott Rakow Youth Center which includes
a new approximately 125'-0" by 65'-0" Ice Skating Rink.
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