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2017-30015 ResolutionRESOLUTION NO. 2017 - 30015 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE GRANTING OF THE WAIVER OF CERTAIN DEVELOPMENT REGULATIONS, BY A 5 /7TH VOTE OF THE CITY COMMISSION, PURSUANT TO SECTION 142- 425(d), OF THE LAND DEVELOPMENT REGULATIONS (LDR), FOR THE NEW 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 FOR THE PURPOSES OF PROVIDING AT LEAST TWO FLOORS OF WORKFORCE HOUSING. 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 floor retail space, roof level 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, was approved at the July 26, 2017 Commission Meeting and the approval to proceed with these options requires 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 (LDR), 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 Tots, 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. WHEREAS, the Planning Department performed an Analysis of Waiver of GU Regulations of the requested waivers and determined that the requested waivers are consistent and there will not be any negative impact on the surrounding areas as a result of the requested waivers; and WHEREAS, any appropriate investigation needed will be addressed through the Design Review Process; and WHEREAS, on July 26, 2017, the City Commission approved scheduling a Public Hearing to consider the waiver of Development Regulations pursuant to Section 142 -425 (d) of the Land Development Regulations, after a duly noticed public hearing, advertised in the newspaper at least fifteen (15) days prior to the hearing, for the P16 Surface Parking Lot and the public hearing was scheduled for September 13, 2017. 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 approve, following a duly noticed Public Hearing, 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 for the purposes of providing at least two floors of workforce housing. PASSED and ADOPTED this ar day of .ef /-04 2017. ATTEST: tO6 l M Raf 1 E. Granado, City Clerk APPROVED AS TO FORM & LANG A GE & FOR,EXEC 1•N City Attorney Dote MAM BEACH Resolutions - R7 B COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 2:05 p.m. Public Hearing SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE GRANTING OF THE WAIVER OF CERTAIN DEVELOPMENT REGULATIONS, BY A 5 /7TH VOTE OF THE CITY COMMISSION, PURSUANT TO SECTION 142- 425(d), OF THE LAND DEVELOPMENT REGULATIONS (LDR), FOR THE NEW 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 FEET 9 INCHES; AND REDUCING THE SIDE SETBACK (NORTH SIDE), FACING A STREET, FROM 5 FEET 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 P16 located at the southwest corner of the intersection of 13th Street and Collins Avenue. 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 floor Page 1353 of 2353 retail space, roof level 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, was approved at the July 26, 2016 Commission Meeting. The approval to proceed with these options requires 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. On July 26, 2017, the City Commission approved scheduling a Public Hearing to consider the waiver of Development Regulations pursuant to Section 142 -425 (d) of the Land Development Regulations, after a duly noticed public hearing, advertised in the newspaper at least fifteen (15) days prior to the hearing, for the P16 Surface Parking Lot. The public hearing was scheduled for September 13, 2017. The Planning Department performed an Analysis of Waiver of GU Regulations (Exhibit A) of the requested waivers and determined that the requested waivers are consistent and there will not be any negative impact on the surrounding areas as a result of the requested waivers. Any appropriate investigation needed will be addressed through the Design Review Process. CONCLUSION The Administration recommends that the City Commission approve the Resolution. Legislative Tracking Capital Improvement Projects ATTACHMENTS: Page 1354 of 2353 Description m Resolution o Exhibit A - Analysis of Waiver of GU Reguations Page 1355 of 2353 MIAMI I1.EACH PLANNING DEPARTMENT MEMORANDUM TO: Jimmy L. Morales, City Manag FROM: Thomas R. Mooney, AICP Planning Director DATE: September 13, 2017 SUBJECT: Analysis of Waiver of GU Regulations — Parking Garage at P -16 Surface Lot EXHIBIT A COMMISSION BACKGROUND 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. 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 floor retail space, roof level workforce housing and parking, which require height and setback waivers. A Commission agenda item regarding the FCWPC's recommendation to proceed with the P16 parking garage option that includes retail and workforce housing, was approved at the July 26, 2016 Commission Meeting. ANALYSIS A parking garage has been proposed for the P -16 surface parking lot which is located at 1262 Collins Avenue. The P -16 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 (5 /7ths) vote, following a dully 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 Page 1358 of 2353 Analysis of Waiver of GU Regulations — Parking Garage at P -16 Surface Lot September 13, 2017 Page 2 of 3 garages, or city utilized parking lots, provided they are continually used for such purposes." In order to construct the public garage with an affordable housing component, the Administration 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. The requested waivers would allow construction of a parking garage with 5,000 square feet of retail space, 18,000 gross square feet of workforce housing, and approximately 200 parking spaces. The Planning Department has reviewed the request for waivers and has made the following findings regarding the requested 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; • The reduction of the front setback to eight (8) feet, nine (9) inches is compatible with the setbacks of the structures to the south and should not create negative impacts. The adjacent building to the south has an approximately five (5) foot setback. B. Reducing the side setback (north side), facing a street, from five (5) feet to zero (0) feet; • The reduction of the side setback facing a street to zero (0) feet is compatible with the adjacent structure to the west and should not create negative impacts. The adjacent building to the west has an approximately zero (0) foot setback. 2. 142545, 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. The building to the east is 10 stories, and approximately 110 feet. The building to the north across 13th Street is 6 stories, and approximately 70 feet. Therefore, increase in required height to 75 feet is compatible with the surrounding neighborhood. Any potential negative can be addressed as part of the Certificate of Appropriateness process. We are committed to providing excellent public service a{asgfety Co696 wwh,to'y3e'ork, and play in our vibrant, tiopical/ historic community, Analysis of Waiver of GU Regulations — Parking Garage at P -16 Surface Lot September 13, 2017 Page 3 of 3 Additionally, the Comprehensive Plan future land use designation of the site is "Parking (P) ". The Parking designation allows for: "Parking facilities and commercial uses when located on frontage opposite a land use category that permits commercial use." Residential uses are not permitted within the "Parking (P)" future land use designation. Since a workforce housing component is proposed, a comprehensive plan amendment will be necessary to allow for the residential uses to be built. CONCLUSION In summary, the requested waivers are consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Approval of the waivers at Lot P -16, located at 1262 Collins Avenue are not expected to result in any negative impacts on the surrounding area if appropriately mitigated through the Certificate of Appropriateness process. TRM /RAM T:1AGENDA \2017 \9 - September \Planning \Planning Analysis of Waiver of GU Regulations - P16 Garage.doox We are committed to providing excellent publicseivice asasgaeet i6FU wo o f gkvork, and play In our vibrant t/t pical, historic community.