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96-21936 RESO RESOLUTION NO. 96-21936 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER WAIVING THE DEVELOPMENT REGULATIONS IN SECTION SIX OF THE ZONING ORDINANCE PERTAINING TO FLOOR AREA RATIO, HEIGHT, AND DRIVEWAY WIDTH AND SETBACKS IN ORDER TO CONSTRUCT THE 16TH STREET GARAGE BETWEEN COLLINS AVENUE AND WASHINGTON AVENUE. WHEREAS, the proposed 16th Street garage between Collins Avenue and Washington Avenue has received all necessary approvals from the required City Boards; and WHEREAS, in order to alleviate the demand for off-street and on-street parking, and to provide parking for the proposed Loews/St. Moritz Convention Center Hotel it is necessary to waive the development regulations pertaining to floor area ratio, height, and driveway width and setbacks in Section 6 of the Zoning Ordinance; and WHEREAS, pursuant to Miami Beach Zoning Ordinance No. 89-2665, Subsection 6-12B, the 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 floor area ratio, height, and driveway width and setbacks in Section 6 of the Zoning Ordinance in order to allow for the construction of the 16th Street garage between Collins Avenue and Washington Avenue, is hereby scheduled on Wednesday, April 17, 1996 at 2:30 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 and place all interested parties will be heard. PASSED and ADOPTED this 2nd ATTEST: ~o~~ fkd.M. CITY CLERK DJT:kw c:wpwin60\resos\16stgar2.res FORM APPROVED LEGAL DiP.IT, By,1fl~- Date 'J - J-.5' -.Jj. 2 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: April 2, 1996 FROM: Jose Garcia_ped1!sa City Manager REQUEST F THE CITY COMMISSION TO SET A PUBLIC HEARING TO WAIVE CERTAIN DEVELOPMENT REGULATIONS PURSUANT TO SECTION 6-12 (B) (4) OF THE ZONING ORDINANCE IN ORDER TO CONSTRUCT THE 16TH STREET GARAGE BETWEEN COLLINS A VENUE AND WASHINGTON AVENUE SUBJECT: RECOMMENDATION The Administration recommends that the City Commission set a public hearing on April 17, 1996, to waive all pertinent development regulations in the Zoning Ordinance regarding Floor Area Ratio, height and driveway widths and setback for the 16th Street Garage between Collins A venue and Washington Avenue. BACKGROUND The project has already received the following approvals from the respective City Boards. a. Certificate of Appropriateness for Design Review Approval from the Joint Design ReviewIHistoric Preservation Board was granted on January 9, 1996. b. A recommendation to approve a Certificate of Appropriateness for Demolition from the Historic Preservation Board was granted on December 14, 1995 and approved by the City Commission on January 24, i 996. The project consists of the construction of an 804 space, seven (7) level (66' to the highest slab and 74'-8" to the highest architectural projection), municipal parking garage, with accessory retail space on the first floor. Said project involves the re-creation of the original 16th Street right-of-way between Collins and Washington Avenues, and also the demolition of the original Justice of the Peace Building at 1575 Washington Avenue and the original Anchor Hotel Building at 1581 58 AGENDAITEM~ 4:z~~ . DATE Washington Avenue, and their respective western annexes; however, the front facades of the two (2) existing original structures are to be relocated to the west elevation of the proposed parking garage. The project is proposed to be located on multiple lots, all of which are within both the Ocean Drive/Collins Avenue and Flamingo Local Historic Districts and the National Register District. The existing original structures within the former 16th Street right-of-way portion of this site, the Anchor Hotel and the Justice of the Peace Building, are both designated as contributing by the Miami Beach Historic Properties Database. The Administration is requesting that the City Commission waive development regulations regarding floor area ratio, maximum height and driveway widths and setbacks, pursuant to Section 6-12 (B) (4) of the Zoning Ordinance which reads, in part: "Following a public hearing, the Development Regulations required by this Ordinance, except for the Historic Preservation and Design Review processes, may be waived by a five-sevenths (5/7) vote of the City Commission for Development pertaining to Governmental owned 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."... A public hearing on such a waiver requires that a 15 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 3 7 5 feet. ANALYSIS The project has already received all necessary approvals from the required Boards and, therefore, the general design and scope of the project has been thoroughly scrutinized and endorsed. The Planning and Zoning Director has determined that the development of this project should comply with the regulations of the MXE district. However, in order for the development of the project to proceed, it is necessary to waive the following development regulations relative to certain elements of the project: . 1. Floor Area Ratio The total square footage of the proposed structure when divided by the lot area of the garage site results in a Floor Area Ratio (FAR) of3.87. The maximum FAR allowed by the Zoning Ordinance in the MXE District is 3.00~therefore a waiver of 0.87 FAR is required. 2. Height The maximum height allowed for a main structure in the MXE District is 50 feet. The height to the top of the main deck of the proposed parking structure is 66 feet. Therefore, it is necessary to waive 16 feet of the maximum height allowed. 3. Driveway Width The proposed project provides an access driveway to the private parking lot on the adjacent property. The Ordinance requires that a two-way drive be a minimum of22 feet in width. This driveway is proposed to be 15 feet wide. A waiver of seven feet is thus required. 4. Driveway Side Setback The above mentioned driveway also requires a setback of five feet according to the Zoning Ordinance. Since it provides access to the adjoining property it crosses the property line. Therefore, a waiver of five feet is required. CONCLUSION The Administration has concluded that the City Commission should proceed to set a public hearing for April 17, 1996, to waive all pertinent development regulations as descTibed, herein, pursuant to Section 6-12,B.4 of the Zoning Ordinance for the construction of the parking garage at 16th Street between Collins Avenue and Washington Avenue. h JGP/HM/DJG/JGG F:\PLAN\SALLICC_MEMOSI16STGARI.SHP 3