2017-30016 ResolutionRESOLUTION NO. 2017 -30016
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 INTERCEPTOR
PARKING GARAGE TO BE CONSTRUCTED AT THE P -23 SURFACE PARKING LOT,
LOCATED AT 1623 WEST AVENUE, WHICH WAIVERS CONSIST OF: 1) A WAIVER OF
SECTION 142- 156(a), OF THE LDR, IN ORDER TO REDUCE THE MINIMUM FRONT
SETBACK (WEST SIDE) ALONG WEST AVENUE; TO REDUCE THE SIDE SETBACK
ALONG THE NORTH SIDE OF THE PARKING LOT; AND TO REDUCE THE REAR
SETBACK ALONG THE EAST SIDE OF THE PARKING LOT ALONG ALTON COURT;
2) A WAIVER OF SECTION 142- 155(b) OF THE LDR, IN ORDER TO INCREASE THE
MAXIMUM BUILDING HEIGHT FROM 50 FEET TO 75 FEET; AND 3) A WAIVER OF
SECTION 142- 156(b)(1), OF THE LDR, IN ORDER TO ALLOW RETAIL USES ON THE
FIRST LEVEL OF THE GARAGE, FRONTING WEST AVENUE.
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 proposals to construct mixed use parking garages, and which RFQ included the P -23 Surface
Parking Lot site (Project); and
WHEREAS, on June 8, 2016, the City Commission approved Resolution No. 2016- 29425,
authorizing the City to negotiate with Desman, Inc. (Consultant); which negotiations were successful, and
an agreement was executed with the Consultant; and
WHEREAS, the construction of an interceptor parking garage at the P -23 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 the design development and subsequent construction of a new
parking garage; and
WHEREAS, the proposed parking garage will be constructed on the property currently occupied by
surface parking lot P23, located at 1623 West Avenue; and
WHEREAS, at the May 17, 2017 Commission Meeting, the Mayor and City Commission directed
staff to proceed with the development of a parking structure 75 foot in height, with workforce housing on
the top two (2) floors, and retail use on the first floor of the garage; and
WHEREAS, the P -23 Surface Parking Lot is zoned Government Use (GU) and, as per Section
142- 425(d), of the Land Development Regulations, 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
garages, or city utilized parking lots, provided they are continually used for such purposes;" and
WHEREAS, the administration is requesting the following development regulation waivers:
1 A waiver of the requirements of Section 142- 156(a), of the Land Development Regulations, in order
to (a) reduce the minimum front setback, facing West Avenue, from 20 feet to 15 feet; (b) to reduce
the minimum north side setback from 12 feet to 11 feet 4 inches; and to reduce the rear setback
from 15 feet to zero feet;
2, A waiver of Section 142- 155(b), of the Land Development Regulations, in order to increase the
maximum building height from 50 feet to 75 feet. The requested building height is necessary to
accommodate sufficient parking levels, ensuring sufficient clearance for vans, ensuring the ability
to modify the building in the future to accommodate sea level rise, and to accommodate workforce
housing on the top two (2) floors of the garage.
3. A waiver of Section 142- 156(b)(1), of the Land Development Regulations, in order to allow a
mixed -use development including residential and /or retail space at the first level of the structure,
facing West Avenue. Without the waiver, the development regulations would require solely first
floor /first level residential uses.
WHEREAS, the requested waivers would allow construction of the maximum number of parking
spaces (approximately 170 to 180 spaces on four levels) and two (2) floors of workforce housing
(approximately 32,000 gross square feet); and
WHEREAS, the Planning Department performed an analysis of the waiver of GU Regulations as it
relates to 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 June 7, 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 dully noticed public hearing, advertised in the newspaper at least
fifteen (15) days prior to the hearing, for the P23 Surface Parking Lot and the public hearing was
scheduled for July 26, 2017; and
WHEREAS, on July 26, 2017, the Commission deferred the public hearing to 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 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 interceptor parking garage to be constructed at the P -23 Surface Parking Lot, located at 1623 West
Avenue, which waivers consist of: 1) a waiver of Section 142- 156(a), of the LDR, in order to reduce the
minimum front setback (west side) along West Avenue; to reduce the side setback along the north side of
the parking lot; and to reduce the rear setback along the east side of the parking lot, along Alton Court; 2)
a waiver of Section 142- 155(b) of the LDR, in order to increase the maximum building height from 50 feet
to 75 feet; and 3) a waiver of Section 142- 156(b)(1), of the LDR, in order to provide retail uses at the first
level of the garage, fronting West Avenue. f
PASSED AND ADOPTED this a 5- day of gep1 bt>(
ATTEST:
APPROVED AS TO
Rafael r Grana• o, City C erk t : r: ' ;,� ����� FORM & LANGUAGE
& FORE CUTI
4111701 —
Attorney Date
MARA
BEACH
Resolutions - R7 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
2:10 p.m. Public Hearing
SUBJECT 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 INTERCEPTOR PARKING GARAGE TO BE CONSTRUCTED AT
THE P -23 SURFACE PARKING LOT, LOCATED AT 1623 WEST AVENUE, WHICH
WAIVERS CONSIST OF: 1) A WAIVER OF SECTION 142- 156(a), OF THE LDR, IN
ORDER TO REDUCE THE MINIMUM FRONT SETBACK (WEST SIDE) ALONG
WEST AVENUE; TO REDUCE THE SIDE SETBACK ALONG THE NORTH SIDE
OF THE PARKING LOT; AND TO REDUCE THE REAR SETBACK ALONG THE
EAST SIDE OF THE PARKING LOT ALONG ALTON COURT; 2) A WAIVER OF
SECTION 142- 155(b) OF THE LDR, IN ORDER TO INCREASE THE MAXIMUM
BUILDING HEIGHT FROM 50 FEET TO 75 FEET; AND 3)AWAIVER OF SECTION
142- 156(b)(1), OF THE LDR, IN ORDER TO ALLOW RETAIL USES ON THE FIRST
LEVEL OF THE GARAGE, FRONTING WEST AVENUE.
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, including the P -23 Surface Parking Lot Project
(Project).
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 an interceptor parking garage at the P -23 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 the 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 P23 located at 1623 West Avenue.
Page 1361 of 2353
At the May 17, 2017 Commission Meeting, the Mayor and City Commission directed staff to proceed
with the development of a parking structure 75 foot in height, with workforce housing on the top two
(2) floors and retail use on the first floor of the garage.
The P -23 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 garages, or city utilized parking lots, provided they are continually used for such
purposes." Specifically, administration is requesting the following development regulation waivers:
1. 142- 156(a), to reduce the minimum front setback, facing West Avenue from twenty feet (20' -0 ") to
fifteen feet (15' -0 "); to reduce the minimum north side setback from twelve feet (12' -0 ") to eleven feet
four inches (11' -4 "); to reduce the rear setback from fifteen feet (15' -0 ") to zero feet (0' -0 ");
2. 142- 155(b), to increase the maximum building height from fifty feet (50') to seventy five feet (75').
The requested building height is necessary to accommodate parking levels, takes into account
sufficient clearance for vans, future modifications to accommodate sea level rise and to accommodate
workforce housing on the top two (2) floors of the garage.
3. 142- 156(b) (1), to allow mixed -use development including residential and /or retail space at the first
level facing West Avenue.
The requested waivers would allow construction of the maximum number of parking spaces
(approximately 170 to 180 spaces on four levels) and two floors of workforce housing (approximately
32,000 gross square feet).
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.
On June 7, 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 dully noticed public hearing, advertised in the newspaper at least fifteen (15) days prior to the
hearing, for the P23 Surface Parking Lot. The public hearing was scheduled for July 26, 2017.
On July 26, 2017, the Commission deferred the public hearing to September 13, 2017.
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
Legislative Tracking,
Capital Improvement Projects
Page 1362 of 2353
ATTACHMENTS:
Description
D Analysis of Waivers
D Resolution
Page 1363 of 2353
PLANNING DEPARTMENT
Jimmy L. Morales, City Manager
Thomas R. Mooney, AICP
Planning Director
DATE: July 26, 2017
Exhibit A
COMMISSION MEMORANDUI
SUBJECT: Analysis of Waiver of GU Regulations —
Interceptor Garage at P-23 Surface Lot
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, including the P-23 Surface Parking
Lot Project (Project),
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.
At the May 17, 2017 Commission Meeting, the Mayor and City Commission directed staff to
proceed with the development of a parking structure at up to 75 feet in height, with
workforce housing on the top two (2) floors and retail use on the first floor of the garage,
ANALYSIS
A parking garage has been proposed for the P-23 surface parking lot which is located at
1623 West Avenue, The P-23 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 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, 142-156(a), to reduce the minimum front setback, facing West Avenue from twenty
feet (20'-0") to fifteen feet (15'-0"); to reduce the minimum north side setback from
twelve feet (12'-0") to eleven feet four inches (11'-4"); to reduce the rear setback
Page 1364 of 2353
Analysis of Waiver of GU Regulations —
Interceptor Garage at P -23 Surface Lot
July 26, 2017
Page 2 of 3
from fifteen feet (15' -0 ") to zero feet (0' -0 ");
2. 142- 155(b), to increase the maximum building height from fifty feet (50') to seventy
five feet (75'). The requested building height is necessary to accommodate parking
levels, takes into account sufficient clearance for vans, future modifications to
accommodate sea level rise and to accommodate workforce housing on the top two
(2) floors of the garage.
3. 142- 156(b) (1), to allow mixed -use development including residential and /or retail
space at the first level facing West Avenue.
The requested waivers would allow construction of the maximum number of parking spaces
(approximately 170 to 180 spaces on four levels) and two floors of workforce housing
(approximately 32,000 gross square feet). It is estimated that this could result in
approximately 68 units at the minimum allowable unit size for workforce housing.
The Planning Department has reviewed the request for waivers and has made the following
findings regarding the requested waivers:
1. 142- 156(a), to reduce the minimum front setback, facing West Avenue from twenty
feet (20' -0') to fifteen feet (15' -0 "); to reduce the minimum north side setback from
twelve feet (12' -0') to eleven feet four inches (11' -4'); to reduce the rear setback
from fifteen feet (15' -0 ") to zero feet (0' -0');
• The reduction of the front setback to 15' is compatible with the setbacks of the
structures to the north and south and should not create negative impacts.
• The reduction of the side setback from 12' to 11' -4" is minimal and should not
create negative impacts on the adjacent property.
o Regardless of the side setback, since the structure will be adjacent to
existing residential buildings, it will be important to ensure that the
facades are well designed to ensure that they don't negatively impact the
adjacent residents.
• The rear setback fronts the Alton Court alley and the reduction will not have a
negative impact on surrounding properties.
2. 142-155(b), to increase the maximum building height from fifty feet (50') to seventy
five feet (75'),
• The proposed 75' height limit is higher than the adjacent 50' structures; however,
the height is lower than the approximately 90' building to the northwest of the
site.
• The additional height may create impacts on surrounding properties if not
We are committed to providing excellent public service and safety to all who live, work, and play In our vibrant, tropical, historic community.
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Analysis of Waiver of GU Regulations —
Interceptor Garage at P -23 Surface Lot
July 26, 2017
Page 3 of 3
appropriately mitigated. Mitigation measures can be taken to minimize the
impact of the additional height on surrounding properties as part of the Design
Review Process.
o Mitigation measures include, but are not limited to, the use of green walls,
upper level setbacks, or other architectural facade treatments.
3. 142- 156(b) (1), to allow mixed -use development including residential and /or retail
space at the first level facing West Avenue.
• The West Avenue corridor primarily consists of residential uses. However, there
are opportunities for community oriented low -scale retail that will not create a
negative impact on surrounding properties.
• Commercial uses are permitted on the adjacent frontage on the west side of
Alton Court, which has a CD -2 designation.
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 =23, located at 1623 West
Avenue are not expected to result in any negative impacts on the surrounding area if
appropriately mitigated through the Design Review process.
TRM /MCS /RAM
T:\AGENDA \2017 \7 - July \Planning \Planning Analysis of Waiver of GU Regulations - P23 Garage.docx
We are committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community
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