Resolution 2018-30292RESOLUTION NO. 2018 -30292
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER GRANTING A WAIVER OF CERTAIN
DUNE PRESERVATION OVERLAY REGULATIONS, BY A 5 /7TH
VOTE OF THE CITY COMMISSION, AFTER A PUBLIC
HEARING, PURSUANT TO SECTION 142- 425(d), OF THE
CITY'S LAND DEVELOPMENT REGULATIONS (LDR), FOR THE
ALTOS DEL MAR PARK PROJECT, LOCATED AT 76TH
STREET AND COLLINS AVENUE, WITHIN THE HARDING
TOWNSITE /SOUTH ALTOS DEL MAR HISTORIC DISTRICT AND
WITHIN THE ALTOS DEL MAR NEIGHBORHOOD, IN ORDER
TO WAIVE LDR SECTIONS 142 -774, 142- 774(4) AND SECTION
142 - 774(6), IN ORDER TO CONSTRUCT THREE (3) CONCRETE
BEACHWALK LINKAGES AND A BEACH SHOWER BETWEEN
THE OLD CITY BULKHEAD LINE AND THE EROSION
CONTROL LINE (ECL).
WHEREAS, Altos Del Mar Park is located east of Collins Avenue between 76th
and 77th Street and is one of the few remaining beach front parcels within Miami Beach
that is designated park land; and
WHEREAS, on July 12, 2016, the Historic Preservation Board (HPB) approved
the City's application for a Certificate of Appropriateness for the design of a new park
design for Altos Del Mar, including the landscape design and the construction of a new
1 -story restroom facility; and
WHEREAS, on October 18, 2017, pursuant to the City's Invitation for Bids (ITB)
No.: 2017 - 146 -ZD, the Mayor and City Commission awarded the contract responsive to
the ITB to West Construction, Inc. (Contractor), for the construction of the Altos Del Mar
Park Project; and
WHEREAS, the contract was executed on January 23, 2018, and on April 12,
2018, the Office of Capital Improvement Projects issued the Notice to Proceed to the
Contractor for the construction of the Altos Del Mar park project; and
WHEREAS, in order to construct in compliance with the Historic Preservation
Board approval, and to be consistent with the land development regulations, the City
Administration is seeking waiver of the City's Land Development Regulations (LDR);
and
WHEREAS, the City is seeking to waive LDR Sections 142 -774, 142 - 774(4), and
142- 774(6), in order to install three (3) concrete pathways ranging in width from six to
twelve feet (6' -12'), and to install a beach shower between the old city bulkhead and the
erosion control line (ECL); and
WHEREAS, the development regulations are designed to accommodate and
promote recreational, open space and related uses and structures that are compatible
and supportive of the beachfront park system and natural environment and structures
permitted under this division shall be designed to accommodate and channel
pedestrian movement in such a manner as to protect and enhance vegetation and the
beach; and
WHEREAS, LDR Section 142 - 774(4), states, "[p]romenade linkages shall be
constructed of wood materials and shall conform to the design specifications
established in the beachfront park and promenade plan and sites having less than 300
Linear feet of oceanfront frontage shall be limited to one dune crossing and /or
promenade linkage "; and
WHEREAS, sites having more than 300 linear feet of oceanfront frontage shall
be permitted one crossing or linkage per each additional 100 linear feet of frontage or
part thereof and in no instance, shall the total aggregate number of crossings and
linkages exceed four per site "; and
WHEREAS, this request seeks to waive the beachwalk link limitation of a
maximum of two (2) crossings, and allow the project to construct a total of three (3) links
(crossings); and
WHEREAS, LDR Section 142- 774(6), allows, "[ waalkways and ramps
constructed of wood materials and which are not more than six feet in width "; and
WHEREAS, this waiver request also seeks to waive this requirement by
allowing concrete walkways, abutting the existing concrete beachwalk, in lieu of wood
material, and allowing up to twelve (12) feet in width; and
WHEREAS, LDR Section 142 -774, states that "no land or structure shall be
used, in whole or in part, except for one of the following permitted uses; and
WHEREAS, the proposed beach shower is not one of the permitted uses
identified in the Dune Preservation Overlay; and
WHEREAS, this request also seeks to waive the permitted uses to allow for the
installation of the proposed beach shower; and
WHEREAS, Altos del Mar Park is currently zoned Government Use (GU), open
to the general public and, as per LDR Section 142- 425(d), 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 Mayor and City Commission desire to waive the development
regulation in order to complete construction of the Altos Del Mar Park.
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 a waiver of certain Dune
Preservation Overlay Regulations, by a 5 /7th vote of the City Commission, after a public
hearing, pursuant to Section 142- 425(d), Of the City's Land Development Regulations
(LDR), for the Altos Del Mar Park Project, located at 76th Street and Collins Avenue,
within the Harding Townsite /South Altos Del Mar Historic District and within the Altos
Del Mar Neighborhood, in order to waive LDR Sections 142 -774, 142- 774(4) and
Section 142-774(6), in order to construct three (3) concrete beachwalk linkages and a
beach shower between the old city bulkhead line and the Erosion Control Line (ECL).
PASSED and ADOPTED this /0 day of M , 2018.
ATTEST:
r r
Raf,: e anad Cit Clerk
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC ION
6/site
City Attorney Diet
INCOF�F' ORATED,
MI/Jv\
BEACH
Resolutions - C7 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 16, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER
GRANTING A WAIVER OF CERTAIN DUNE PRESERVATION OVERLAY
REGULATIONS, BY A 5 /7TH VOTE OF THE CITY COMMISSION, AFTER A
PUBLIC HEARING, PURSUANT TO SECTION 142- 425(D), OF THE CITY'S LAND
DEVELOPMENT REGULATIONS (LDR), FOR THE ALTOS DEL MAR PARK
PROJECT, LOCATED AT 76TH STREET AND COLLINS AVENUE, WITHIN THE
HARDING TOWNSITE /SOUTH ALTOS DEL MAR HISTORIC DISTRICT AND
WITHIN THE ALTOS DEL MAR NEIGHBORHOOD, IN ORDER TO WAIVE LDR
SECTIONS 142 -774, 142- 774(4) AND SECTION 142- 774(6), IN ORDER TO
CONSTRUCT THREE (3) CONCRETE BEACHWALK LINKAGES AND A BEACH
SHOWER BETWEEN THE OLD CITY BULKHEAD LINE AND THE EROSION
CONTROL LINE (ECL).
RECOMMENDATION
Administration recommends the City Commission approve the Resolution.
ANALYSIS
Altos Del Mar Park is located east of Collins Avenue between 76th and 77th Street and is one of the
few remaining beach front parcels within Miami Beach that is designated park land. The Historic
Preservation Board (HPB) reviewed the Application for Certificate of Appropriateness for the design
of a new park, including landscape and the construction of a new 1- story restroom facility and
approved it on July 12, 2016. Subsequently, the Design team moved forward with completing the
construction documents and obtained permits through various local and State Agencies.
On October 18, 2017, Pursuant to Invitation for Bids (ITB) 2017- 146 -ZD, the Mayor and City
Commission awarded a contract to West Construction, Inc., for the construction of the Altos Del Mar
Park Project. The contract was executed on January 23, 2018 and the Office of Capital Improvement
Projects issued the Notice to Proceed for the construction of the Project on April 12, 2018.
Construction of the project is currently underway.
In order to construct three (3) concrete pathways ranging in width from six to twelve feet (6' -12'), and
a beach shower between the old city bulkhead and the erosion control line (ECL), as approved by
HPB (Attachment A), it will be necessary to obtain a waiver of Section 142 -774, 142 - 774(4), and 142-
774(6), of the City of Miami Beach Land Development Regulations. The development regulations are
designed to accommodate and promote recreational, open space and related uses and structures
that are compatible and supportive of the beachfront park system and natural environment. In
Page 677 of 1842
addition, structures permitted under this division shall be designed to accommodate and channel
pedestrian movement in such a manner as to protect and enhance vegetation and the beach.
Section 142 - 774(4), states, "Promenade linkages shall be constructed of wood materials and shall
conform to the design specifications established in the beachfront park and promenade plan. Sites
having less than 300 linear feet of oceanfront frontage shall be limited to one dune crossing and /or
promenade linkage. Sites having more than 300 linear feet of oceanfront frontage shall be permitted
one crossing or linkage per each additional 100 linear feet of frontage or part thereof. In no instance,
however, shall the total aggregate number of crossings and linkages exceed four per site." This
request seeks to waive the beachwalk link limitation of a maximum of two (2), and allow the project to
construct a total of three (3) links, as presented and approved to the HPB.
Section 142- 774(6), allows, "Walkways and ramps constructed of wood materials and which are not
more than six feet in width." This waiver request also seeks to waive this requirement by allowing
concrete walkways, abutting the existing concrete beachwalk, in lieu of wood material, and allowing
up to twelve (12) feet in width.
Finally, Section 142 -774, states that "no land or structure shall be used, in whole or in part, except for
one of the following permitted uses." The proposed beach shower is not one of the permitted uses
identified in the Dune Preservation Overlay. This request also seeks to waive the permitted uses to
allow for the installation of the proposed beach shower.
Altos del Mar Park is currently zoned Government Use (GU), open to the general public 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."
CONCLUSION
The Administration recommends the City Commission approve the resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
a Attachment A Site Plan
Form Approved Reso
Page 678 of 1842
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