2017-29911 ResolutionRESOLUTION NO. 2017-29911
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING, TO CONSIDER
GRANTING TWO (2) WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS
BY A 5/7TH VOTE OF THE CITY COMMISSION, PURSUANT TO SECTION 142-
425(d), OF THE CITY'S LAND DEVELOPMENT CODE (LDR), FOR THE
PARKING GARAGE TO BE CONSTRUCTED AT THE P16 SURFACE PARKING
LOT, LOCATED AT 13TH STREET AND COLLINS AVENUE, WITHIN THE
OCEAN DRIVE/COLLINS AVENUE HISTORIC DISTRICT; WHICH WAIVER
REQUESTS CONSIST OF: (1) A WAIVER OF SECTION 142-547(a), OF THE
LDR, IN ORDER TO REDUCE THE MINIMUM FRONT SETBACK (EAST SIDE)
FROM 10 FEET TO 8'9" INCHES; AND REDUCING THE SIDE SETBACK
(NORTH SIDE), FACING A STREET, FROM FIVE (5) FEET TO ZERO (0) FEET;
AND (2) A WAIVER OF SECTION 142-545, OF THE LDR TO INCREASE THE
MAXIMUM BUILDING HEIGHT FROM 50 FEET TO 75 FEET
WHEREAS, on April 13, 2016, the Mayor and City Commission approved the issuance
of Request for Qualifications No. 2016-124-KB (RFQ) for Architectural and Engineering Design
Criteria Professional Services for mixed use parking garages; and
WHEREAS, the RFQ was issued on April 20, 2016, and on June 8, 2016, the City
Commission approved Resolution No. 2016-29425 authorizing the City to negotiate with
Desman, Inc. (Consultant); and
WHEREAS, negotiations with Consultant were successful, and an agreement was
executed; and
WHEREAS, the construction of a parking garage at the P16 Surface Parking Lot was
approved in the FY 2015-16 Capital Budget as part of the City's initiative to expand municipal
parking garages; and
WHEREAS, a Design Criteria Package (DCP) is being prepared by the Consultant and
will be provided to the Design Build Team for design development and subsequent construction
of a new parking garage; and
WHEREAS, at the June 16, 2017 FCWPC meeting, CIP staff presented various options
to the committee and the committee recommended to the full commission to proceed with the
option that includes ground retail, workforce housing and parking, which require height and
setback variances; and
WHEREAS, a Commission agenda item regarding the FCWPC's recommendation to
proceed with the P16 parking garage option that includes retail and workforce housing, will be
heard during the July 26, 2017 Commission Meeting and the approval to proceed with these
options will require the height and setback variances; and!
WHEREAS, the proposed parking garage will be constructed on the property currently
occupied by surface parking lot P16 located at the southwest corner of the intersection of 13th
Street and Collins Avenue and the ground level of the proposed structure could provide
approximately 5,000 square feet of retail space, approximately 18,000 gross square feet of
workforce housing and approximately 245 parking spaces (hereinafter "the Project"); and
WHEREAS, the P16 Surface Parking Lot is zoned Government Use (GU) and, as per
Section 142-425(d), of the City's Land Development Regulations (LOR), the City Commission
may waive by five sevenths vote (5/7ths), following a duly noticed public hearing advertised in
the newspaper at least fifteen (15) days prior to the hearing, development regulations
"pertaining to governmental owned or leased buildings, uses and sites which are wholly used
by, open and accessible to the general public, or used by not-for-profit, educational, or cultural
organizations, or for convention center hotels, or convention center hotel accessory garages, or
City utilized parking lots, provided they are continually used for such purposes; and
WHEREAS, the City is requesting the following development regulation waivers in
order to proceed with the Project:
1. A waiver of section 142-547(a), to reduce the required front setback (east side) from 10
feet to 8'9" and to reducing the side setback (north side), facing a street, from five (5)
feet to zero (0) feet;
2. A waiver of section 142-545, to increase the maximum building height from 50 feet to 75
feet, which is the required building height, necessary to accommodate the retail spaces,
workforce housing and parking levels, takes into account sufficient clearance for vans,
mechanical services, and future modifications to accommodate sea level rise.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission set a public hearing, to consider granting two (2) waivers of certain development
regulations by a 5/7th vote of the City Commission, pursuant to Section 142-425(d), of the City's
Land Development Code (LOR), for the parking garage to be constructed at the P16 surface
parking lot, located at 13th Street and Collins Avenue, within the Ocean Drive/Collins Avenue
Historic District; which waiver requests consist of: (1) a waiver of Section 142-547(a), of the
LOR, in order to reduce the minimum front setback (east side) from 10 feet to 8'9" inches; and
reducing the side setback (north side), facing a street, from five (5) feet to zero (0) feet; and (2)
a waiver of section 142-545, of the LOR to increase the maximum building height from 50 feet to
75 feet.
PASSED and ADOPTED this :It; day of _J_'tf_I,, __ _
~
ATTEST:
APPROVED AS TOE
FORM & LANGUAG
& FOR E~ECUTION .
a.:.t('.b'--: 1w\7
· City Attorney
Resolutions -C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING, TO CONSIDER
GRANTING TWO (2) WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS BY
A 5/7TH VOTE OF THE CITY COMMISSION, PURSUANT TO SECTION 142-
425(d), OF THE CITY'S LAND DEVELOPMENT CODE (LDR), FOR THE PARKING
GARAGE TO BE CONSTRUCTED AT THE P16 SURFACE PARKING LOT,
LOCATED AT 13TH STREET AND COLLINS AVENUE, WITHIN THE OCEAN
DRIVE/COLLINS AVENUE HISTORIC DISTRICT; WHICH WAIVER REQUESTS
CONSIST OF: (1) A WAIVER OF SECTION 142-547(a), OF THE LDR, IN ORDER
TO REDUCE THE MINIMUM FRONT SETBACK (EAST SIDE) FROM 10 FEET TO
8'9" INCHES; AND REDUCING THE SIDE SETBACK (NORTH SIDE), FACING A
STREET, FROM FIVE (5) FEET TO ZERO (0) FEET; AND (2) A WAIVER OF
SECTION 142-545, OF THE LDR TO INCREASE THE MAXIMUM BUILDING
HEIGHT FROM 50 FEET TO 75 FEET.
-----------·--------
RECOMMENDATION
The Administration recommends that the City Commission approve the Resolution.
ANALYSIS
On April 13, 2016, the Mayor and City Commission approved the issuance of Request for
Qualifications No. 2016-124-KB (RFQ) for Architectural and Engineering Design Criteria
Professional Services for mixed use parking garages.
The RFQ was issued on April 20, 2016, and on June 8, 2016, the City Commission approved
Resolution No. 2016-29425 authorizing the City to negotiate with DESMAN, INC. (Consultant);
negotiations were successful, and an agreement was executed with the Consultant.
The construction of a parking garage at the P16 Surface Parking Lot was approved in the FY 2015-
16 Capital Budget as part of the City's initiative to expand municipal parking garages.
A Design Criteria Package (DCP) is being prepared by the Consultant and will be provided to the
Design Build Team for design development and subsequent construction of a new parking garage.
The proposed parking garage will be constructed on the property currently occupied by surface
parking lot P 16 located at the southwest corner of the intersection of 13th Street and Collins Avenue.
At the June 16, 2017 FCWPC meeting, GIP staff presented various options to the committee and the
Page 533 of 2495
committee recommended to the full commission to proceed with the option that includes ground retail,
workforce housing and parking, which require height and setback variances.
A Commission agenda item regarding the FCWPC's recommendation to proceed with the P16
parking garage option that includes retail and workforce housing, will be heard during the July 26,
2016 Commission Meeting. The approval to proceed with these options will require the height and
setback variances outlined below.
The ground level of the proposed structure could provide approximately 5,000 sf of retail space,
approximately 18,000 gross sf of workforce housing and approximately 245 parking spaces.
The P16 Surface Parking Lot is zoned Government Use (GU) and, as per Section 142-425(d) of the
City Code, the City Commission may waive by five sevenths vote (5/7ths), following a duly noticed
public hearing advertised in the newspaper at least fifteen (15) days prior to the hearing,
development regulations "pertaining to governmental owned or leased buildings, uses and sites
which are wholly used by, open and accessible to the general public, or used by not-for-profit,
educational, or cultural organizations, or for convention center hotels, or convention center hotel
accessory garages, or city utilized parking lots, provided they are continually used for such
purposes." Specifically, the Project is requesting the following development regulation waivers:
1. A 142-547(A), to reduce the required front setback (east side) from ten (10) feet to eight (8) feet
nine (9) inches;
B. Reducing the side setback (north side), facing a street, from five (5) feet to zero (0) feet;
2. 142-545, to increase the maximum building height from fifty (50) feet to seventy five (75) feet. The
required building height, necessary to accommodate the retail spaces, workforce housing and
parking levels, takes into account sufficient clearance for vans, mechanical services, and future
modifications to accommodate sea level rise.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
D P 16 Waivers Form Approved
Page 534 of 2495