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Resolution 2018-30412RESOLUTION NO. 2018 - 30412 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 LAND DEVELOPMENT REGULATIONS (LDR) PERTAINING TO LOADING SPACE REQUIREMENTS, BY A 5 /7TH VOTE OF THE CITY COMMISSION, AFTER A PUBLIC HEARING, PURSUANT TO LDR SECTION 142- 425(d), FOR THE COLLINS PARK PARKING GARAGE PROJECT, LOCATED AT 340 23RD STREET, WITHIN THE MUSEUM HISTORIC DISTRICT AND WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT, TO WAIVE LDR SECTION 130- 101(B.), IN ORDER TO CONSTRUCT THE NEW COLLINS PARK PARKING GARAGE STRUCTURE. WHEREAS, on September 25, 2017, the City Commission adopted Resolution No. 2017 - 30021, approving a new Design /Build contract with KVC Constructors, Inc. (KVC) for the Collins Park Parking Garage structure, replacing the two existing street level parking lots; and WHEREAS, the Collins Park Parking Garage will be constructed on three lots which lie between Park Avenue and Liberty Avenue from 22nd Street to 23rd Street. The Miami City Ballet is located on a portion of one of the three lots for which a unity of title was approved during the June 6, 2018 Commission Meeting; and WHEREAS, on June 11, 2018, the Historic Preservation Board (HPB) reviewed and continued the Application for Certificate of Appropriateness for the design of the Collins Park Parking Garage to the meeting of July 10, 2018; and WHEREAS, a waiver of the requirement to have a full building permit for the demolition of the existing structure was also granted and the Design /Build firm is moving forward with the demolition of the existing structure, the required site remediation work, as well as utility planning; and WHEREAS, in order to provide an efficient parking structure with functional parking bays, stalls, and ramps that comply with the City's design criteria for the number of parking spaces specified, the required loading zone must be located within the right -of -way; and WHEREAS, in order to place the loading zone on the street, it will be necessary to obtain a waiver of LDR Section 130- 101(B.). WHEREAS, LDR Section 130- 101(B.), states that for construction of new commercial buildings utilizing enclosed structures for the storage and /or parking of vehicles, all required loading spaces shall be located internally. WHEREAS, the design of the Collins Park Parking Garage places the loading zone on the east side of Park Avenue, where it may be utilized by both the new parking garage and the Miami City Ballet; and WHEREAS, the Commercial and retail spaces that are planned for the first level of the parking garage is approximately 15,000 square feet. As such, two (2) parking spaces will be provided to comply with Section 130- 101(A)(1)(b.), of the City Code; and WHEREAS, additional freight loading zones in the immediate vicinity of the proposed parking garage are available on the north side of 23rd Street between Dade Boulevard and Collins Avenue and three (3) loading zone spaces included as part of this project will bring the total number of loading zone spaces in the vicinity to eight; and WHEREAS, blocking of the right -of -way for loading or off - loading is prohibited pursuant to Section 82 -151 of the City Code and violations may be issued by the Police, Code or Parking Departments for any infractions within the right -of way; and WHEREAS, the City has protocol that monitors the freight loading zones. In the event that a loading space is not available, vendors will be required to utilize another space or attempt loading or off- loading at another time; and WHEREAS, the Planning Department staff has reviewed the project, the waiver request and is in support of the use of on- street loading spaces in lieu of locating them within the Parking Garage Structure; and WHEREAS, the Collins Park Parking Garage site 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 lots, provided they are continually used for such purposes." 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 land development regulations (LDR) pertaining to loading space requirements, by a 5 /7th vote of the City Commission, after a public hearing, pursuant to LDR section 142- 425(d), for the Collins Park Parking Garage Project, located at 340 23rd Street, within the Museum Historic District and within the Miami Beach Architectural District, to waive LDR section 130- 101(B.), in order to construct the new parking Collins Park Parking Garage structure. PASSED and ADOPTED this °25. day of J•9 / , 2018. ATTEST: DAN GELBER, MAYOR APPROVED AS TO RM & LANGUAGE OR EXECUTION RAF EL E. GRANADO, CITY CLERK Date MIAMI BEACH Resolutions - C7 AD COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 25, 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 LAND DEVELOPMENT REGULATIONS (LDR) PERTAINING TO LOADING SPACE REQUIREMENTS, BYA5 /7TH VOTE OF THE CITY COMMISSION, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 142 - 425(D) OF THE CITY'S LDR, FOR THE COLLINS PARK PARKING GARAGE PROJECT, LOCATED AT 340 23RD STREET, WITHIN THE MUSEUM HISTORIC DISTRICT AND WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT, TO WAIVE LDR SECTION 130 -101 B., IN ORDER TO CONSTRUCT THE NEW COLLINS PARK PARKING GARAGE STRUCTURE. RECOMMENDATION The Administration recommends the City Commission approve the resolution. ANALYSIS On September 25, 2017, the City Commission adopted Resolution No. 2017- 30021, approving a new Design /Build contract with KVC Constructors, Inc. (KVC) for the Collins Park Parking Garage structure, replacing the two existing street level parking lots. The Collins Park Parking Garage will be constructed on three lots which lie between Park Avenue and Liberty Avenue from 22nd Street to 23rd Street. The Miami City Ballet is located on a portion of one of the three lots for which a unity of title was approved during the June 6, 2018 Commission Meeting. On June 11, 2018, the Historic Preservation Board (HPB) reviewed and continued the Application for Certificate of Appropriateness for the design of the Collins Park Parking Garage to the July 10, 2018 meeting. On July 10, 2018, the HPB approved the application. Awaiver of the requirement to have a full building permit for the demolition of the existing structure was also granted and the Design /Build firm is moving forward with the demolition of the existing structure, the required site remediation work, as well as utility planning. In order to provide an efficient parking structure with functional parking bays, stalls, and ramps while complying with the number of parking spaces specified in the City's design criteria for the project, the required loading zone must be located within the right -of -way (Attachment A). In order to place the loading zone within the right -of -way, it will be necessary to obtain a waiver of Section 130 -101 B, of the City of Miami Beach Land Development Regulations (LDR): Page 711 of 1464 Section 130 -101 B, of the LDR states that for construction of new commercial buildings utilizing enclosed structures for the storage and /or parking of vehicles, all required loading spaces shall be located internally. The design of the Collins Park Parking Garage places the loading zone on the east side of Park Avenue, where it may be utilized by both the new parking garage and the Miami City Ballet. The Commercial and retail spaces that are planned for the first level of the parking garage is approximately 15,000 square feet. As such, two parking spaces will be provided to comply with Section 130 -101 A(1) b., of the City's LDR. Additional freight loading zones in the immediate vicinity of the proposed parking garage are available on the north side of 23rd Street between Dade Boulevard and Collins Avenue (Attachment B). Three (3) loading zone spaces included as part of this project will bring the total number of loading zone spaces in the immediate vicinity to eight. Blocking of the right -of -way for loading or off- loading is prohibited pursuant to Section 82 -151 of the City Code. Violations may be issued by the Police, Code or Parking Departments for any infractions within the right -of way. The City has protocol that monitors the freight loading zones. In the event that a loading space is not available, vendors will be required to utilize another space or attempt loading or off - loading at another time. The Planning Department staff has reviewed the project, the waiver request and is in support of the use of on- street loading spaces in lieu of locating them within the Parking Garage Structure. The Collins Park Parking Garage site 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 D Resolution D Attachment A - Proposed Collins Park Garage.Loading Zone Plan D Attachment B - Existing Loading Zones Page 712 of 1464 6£1.CE ld ID -MIS PJEZ 391/MV9 )111ilid SNI1100 IVAS lviimens vac H '3AV SNI770,9 at ttat anatA erijiMiallinfried1 -091r/ Page 715 of 1464 ttachment B Loading Zones Page 716 of 1464