Resolution 94-21023 (2) RESOLUTION NO. 94-21023
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING
THE DEVELOPMENT REGULATIONS REQUIRED BY
SUBSECTION 6-16 OF ZONING ORDINANCE NO. 89-
2665 IN ORDER TO ALLOW FOR THE CONSTRUCTION OF
A FIVE LEVEL PARKING STRUCTURE AND RETAIL
STORE COMPLEX ON A SITE LOCATED AT 634-660
COLLINS AVENUE, AS SET FORTH IN ATTACHED
EXHIBIT "1"; SAID WAIVER TO BE CONDITIONED
UPON THE CITY'S ACQUIRING TITLE TO THE REAR
PORTION OF THE SITE AND TO CERTAIN AIR RIGHTS'
ABOVE THE FIRST FLOOR LEVEL OF THE SUBJECT
PROPERTY.
WHEREAS, Ballet Valet,Parking Co. , Inc. wishes to construct a
five-level parking structure and new retail store fronts and to
reconstruct some existing retail storefronts at a site located at
634-660 Collins Avenue, Miami Beach, Florida, as set forth in
Exhibit "1" which is attached hereto; and
WHEREAS, on October 12, 1993 the City's Joint Design
Review/Historic Preservation Board granted a Certificate of
Appropriateness and Design Review Approval to- the project; and
WHEREAS, on November 23, 1993 the City's Planning Board granted
Conditional Use Approval for construction of the parking structure;
and
WHEREAS, the approvals must now be amended; and
WHEREAS, the Board of Adjustment will be considering Ballet
Valet Co. , Inc. 's request for variances for that portion of the
site which will not be acquired by the City; and
WHEREAS, the City of Miami Beach is seeking to acquire title
to the rear portion of the site and to the air rights above the
first floor level of the remainder of the subject property in order
to allow for construction of the proposed parking structure; and
WHEREAS, the City may decide not to acquire the air rights
indicated as "C" and may wish to proceed solely with acquisition
of the air rights indicated as "B", and with acquisition of title
to parcel "A", as depicted on the Site Plan attached as Exhibit
"1"; and
WHEREAS, pursuant to Subsection 6-12 of Zoning Ordinance No.
89-2665, if the City acquires title to the rear portion of the site
and to said air rights above the first floor level of the subject
property all areas acquired by the City will be in the Government
Use (GU) Zoning District; and
WHEREAS, properties located in the GU District are required to
comply with the development regulations of the surrounding
district, which is Mixed-Use Entertainment (MXE) District for the
subject property; and
WHEREAS, pursuant to Subsection 6-12 of Zoning Ordinance No.
89-2665 the City Commission, following a public hearing may waive
by a five-sevenths (5/7) vote the development regulations otherwise
required by the Zoning Ordinance for municipal buildings, uses and
sites which are wholly used by and are open and accessible to the
general public in the GU District; and
WHEREAS, the proposed parking structure which will be
constructed in the aforesaid land and air rights to be acquired by
the City will, be open and accessible to the general public; and
WHEREAS, in order to construct the parking structure it is
necessary to waive certain Development Regulations required by
Subsection 6-16 of Zoning Ordinance No. 89-2665, including but not
limited to those pertaining to height, set backs, floor area ratio
and visibility of roof-top additions for the area to be acquired by
the City; and
WHEREAS, the Administration has recommended that the City
Commission waive the MXE Development Regulations in Subsection 6-16
of the Zoning Ordinance, conditioned upon the City's acquiring the
aforesaid land and the air rights on the subject property for all
areas affected by the waiver and obtaining all approvals from City
boards as required by the Zoning Ordinance; and
WHEREAS, the proposed project will help alleviate the
tremendous shortage of parking in the area and will thereby benefit
the public; and
WHEREAS, on January 19, 1994 the Mayor and City Commission
held an advertised public hearing regarding Ballet Valet Parking
Co. 's, request for the above stated waiver of development
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regulations and have determined that the development regulations in
Subsection 6-16 of The Zoning Ordinance should be waived for all
land and air rights acquired by the City and indicated on the Site
Plan attached as Exhibit "1" in order to allow for construction of
a parking structure and retail store complex at the above-described
site located at 634-660 Collins Avenue, as set forth in Exhibit "1"
which is attached hereto; said waiver to be conditioned upon the
City's acquiring title to the rear portion of the site and to those
air rights above the first floor level of the subject property for
all areas affected by the waiver and also subject to the project's
obtaining all necessary approvals from City boards as required by
the Zoning Ordinance.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Development
Regulations required by Subsection 6-16 of Zoning Ordinance No. 89-
2665, including but not limited to height, set backs, floor area
ratio and visibility of roof-top additions are hereby waived for
all portions of the site, as set forth in Exhibit "1" hereto, where
the City shall acquire title to land or air rights in order to
allow for the construction of a five-level parking structure and
retail store complex at 634-660 Collins Avenue; said waiver to be
conditioned upon the following:
1) The City's acquiring title to the rear portion of the
site and to those air rights affected by said waiver above the
first floor level of the subject property;
2) The subject project's obtaining all necessary approvals
from City boards as required by the Zoning Ordinance;
3) If the City acquires title to the parcel shown as "A" and
to the air rights indicated as "B" as shown on the attached Exhibit
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"1" but does not acquire the air rights shown as "C" on said
Exhibit, then the waiver shall apply to areas "A" and "B" but not
to area "C".
PASSED and ADOPTED this 19th day January , 1994.
ATTEST:
YO
(Zikt.d\i-
CITY CLERK
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FORM AP OVED
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SITE PLAN
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CITY OF MIAMI BEACH
NOTICE OF WAIVER OF DEVELOPMENT REGULATIONS ON
JOINT-USE OP GOVERNMENT PROPERTY LOCATED AT 634-660 COLLINS AVENUE
NOTICE IS HEREBY given that the City Commission of the City of
Miami Beach, Florida, will hold a public hearing on Wednesday,
January 19, 1994 at 4:00 p.m. in the Commission Chambers, Third
Floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, to consider waiving the Development Regulations required
by Subsection 6-16 of Zoning Ordinance No. 89-2665 in order to
allow for the construction of a five-level parking structure and
retail store complex at 634-660 Collins Avenue; said waiver to be
conditioned upon the City's acquiring title to the air rights above
the first level of the proposed parking structure on the subject
property.
The hearing, requested by Ballet Valet Parking Co. , Inc. , will be
held pursuant to Subsection 6-12B of the City's Zoning, Ordinance
which allows the City Commission to waive development regulations
for certain municipal buildings, uses and sites following a public
hearing.
INQUIRIES concerning this hearing should be directed to the
Planning, Design and Historic Preservation Services Division at
673-7550.
ALL INTERESTED PARTIES are invited to attend and will be heard.
"Pursuant to Fla. Stat. 286.0105, the City hereby advises the
public that: If a person decides to appeal any decision made by
this board, agency or commission with respect to any matter
considered at its meeting or hearing, he will need a record of the
proceedings, and that for such purpose, affected persons may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City
for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law. " _
Richard E. Brown
City Clerk
City of Miami Beach
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AGENDA
ITEM R-3-G-
DATE 1 -101-9
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
-4-32-9-4/
• TO: Mayor Seymour Gelber and DATEJanuary 19, 1994
Members of the City Commission
FROM: Roger M. C
City Manager
SUBJECT: REQUEST FOR THE CITY COMMISSION TO WAIVE
DEVELOPMENT REGULATIONS REQUIRED BY SUBSECTION 6-16 .
OF THE ZONING ORDINANCE IN ORDER TO ALLOW FOR
CONSTRUCTION OF A PARKING STRUCTURE AND RETAIL
STORE COMPLEX AT 634 - 660 COLLINS AVENUE.
RECOMMENDATION
The Administration recommends that the City Commission waive the
development regulations otherwise required by Subsection 6-16 of
the Zoning Ordinance as set forth in the attached resolution, in
order to allow for the construction of a parking structure and
• retail store complex at 634 - 660 Collins Avenue presently owned by
Ballet Valet Parking Co. , Inc. The waiver would be conditional upon
the City's acquiring title to the rear portion of the project site
and to the air rights above the first floor level of the property;
and also conditional upon the project receiving all necessary
approvals from City boards as required by the City's Zoning
Ordinance.
As an additional option, the project may also include the air
rights over the property at 670 Collins Avenue, currently owned by
Leo James, Inc. As now contemplated, Ballet Valet' Parking Co. ,
Inc. will acquire these air rights from Leo James, Inc. and convey
them to the City of Miami Beach. (It should be noted that former
Commissioner Abe Resnick is a 50% owner together with his son, .
James Resnick, who is the other 50% owner of this corporation. )
The waiver for this optional extension of the project would also be
conditional upon the City's acquiring the air rights from Ballet
Valet. Parking Co. , Inc. above the first floor of said property and
also conditional upon this project extension receiving all
necessary approvals from City boards as required by the City's
Zoning Ordinance.
BACKGROUND
On December 9, 1992 the City of Miami Beach issued RFP/RFL1 No. 18-
92/93 calling for proposals to develop parking which is needed in
the South Beach area. The proposal submitted by Ballet Valet
Parking Co. , Inc. was approved by the City Commission. - The
proposed project calls for construction of a parking garage and
retail store complex at 634-660 as shown on the site plan which is
Exhibit "1" to the attached resolution. If the air rights for 670
Collins Avenue are acquired, the parking garage would be extended
over said air rights as shown in Exhibit "1".
24
AGENDA R- 3-
ITEM
DATE I— 1 1 4
Essentially, the project has several components - the partial
demolition and reconstruction of several existing commercial
buildings, the construction of new commercial space and the
construction of a five (5) story, 532-space parking structure
directly over said commercial spaces. Specifically, the project
will entail the following:
1. The rear structure at the southeast corner of Collins Avenue
and 7th Street will be demolished to construct ramps for a new
garage to be constructed above.
2. A reconstruction of existing retail storefronts: Three (3)
separate historic buildings fronting on Collins Avenue will be
partially demolished in the rear, with new construction in the
rear and complete historic restoration of the facades.
3. Addition of new retail storefronts: New storefronts will be
constructed along the front of Collins Avenue, in between the
existing structures, with varying heights in order to be in
context with the existing buildings.
4. Addition of Parking Garage: A five (5) level, 532-space
parking garage will be constructed within the air rights over
the existing buildings and within an existing parking lot (see
site plan attached to Resolution) . The proposed garage will be
composed of a grid patterned metal trellis, consisting of
distinct levels which incorporate horizontal wave designs,
reflective of the ocean. Within the proposed grill-work, and
spanning the entire length of each elevation on all levels,
will be planters for the placement of landscape material. It
is expected that the grill work will be entirely covered with
different types of planting material at each waved level,
after two (2) to three (3) years of plant growth. In the
event the air rights are acquired over the Leo James, Inc.
property, and the parking structure extended into this area,
the number of parking spaces would be increased to a total of
607.
The existing buildings are within the Ocean Drive/Collins Avenue
Local Historic District and are classified as historic in the
City's Historic Properties Database.
The project has already received the following approvals from the
respective Boards.
a. Certificate of Appropriateness for Design Review Approval
from the Joint Design Review/Historic Preservation Board
on October 12, 1993.
b. Conditional Use Approval for the construction of a
parking garage from the Planning Board on November 23,
1993.
c. A recommendation to approve a Certificate of
Appropriateness for Demolition from the Historic
Preservation Board on December 2, 1993.
The applicant's request for the Certificate of Appropriateness for
Demolition will be considered separately by the City Commission
following a public hearing also to be on January 19, 1994 .
Due to the pending revisions to the plans to incorporate the air
rights over the Leo James, Inc. property, additional hearings will
be necessary before the joint Design Review/Historic Preservation
Board and the Planning Board.
Approval will also be required of the Board of Adjustment at its
February meeting for variances dealing with the retail space on the
ground floor. Since this portion of the building will be privately
owned, it will remain under the MXE Zoning classification.
2
The City is seeking to acquire the air rights to the subject
property (i.e. all levels above the first floor) , as well as title
to the rear portion of the site extending north to 7th Street.
When the City acquires the air rights and rear property, the garage
part of the project, which is currently in the MXE, Mixed Use
Entertainment District, will convert to GU, Government Use
District.
Pursuant to the City's Zoning Ordinance, properties in the GU
District must comply with the development regulations for the
surrounding district. The project as designed and approved by the
Planning Board and Design Review/Historic Preservation Board does
not comply with some of the development regulations required by
Subsection 6-16 of the Zoning Ordinance for the MXE, Mixed Use
Entertainment District, which is the surrounding district for this
project.
Subsection 6-12 of the Zoning Ordinance permits the City Commission
to waive development regulations for certain projects within the GU
District. The Administration is requesting that the City
Commission waive development regulations as described below,
pursuant to Subsection 6-12B.h of the Zoning Ordinance which reads,
in part:
Following a public hearing, the Development Regulations
and any Design Review process otherwise required by this
Ordinance may be waived by a five-sevenths (5/7) vote of
the City Commission for Development pertaining . to
Municipal Buildings, Uses and sites which are wholly used
by, open and accessible to the general public. . .
The waiver should be conditioned upon the City's acquiring title to
the rear portion of the project site and to the air rights above
the first floor level of the property. No waiver shall occur if
the City does not acquire title to both the air rights over 634-660
Collins Avenue and the rear portion of said_ subject property. If
. the air rights over 670 Collins Avenue are not acquired, then the
waiver shall apply only to the air rights over 634-660 Collins
Avenue and the rear portion of said property if those air rights
and property are acquired.
The following development regulations are being requested to be
waived in order to construct the garage portion of this project:
Development Regulation 'Required Requested
Maximum height 50 ft. 54 ft.
Side setback facing a street 10 ft. 0 ft.
Side interior setback 15 ft. 0 ft.
Rear setback 5 ft. 0 ft.
Limitation on height at roof top 1 story 4 stories
additions
Visibility of roof top additions Not visible Visible
from opposite
side of
street
.Maximum Floor Area Ratio (FAR) 3.0 3.73
The proposed parking structure which will be constructed in the air
rights and property to be acquired by the City will be open and
accessible to the general public.
;2.6
3
ANALYSIS
Even though this project has been slightly amended to extend the
garage within the air rights of the front building at the corner of
Collins Avenue and 7th Street, the project has already received
most approvals from the required Boards and the overall design and
scope of the project have been thoroughly scrutinized and endorsed.
We. believe that the proposed garage would help to alleviate a
tremendous shortage of parking in the immediate area and relieve
traffic congestion. The project represents a sensitive and unique
design responding to a complex site.
In order for the development of the project to proceed, it is
necessary to waive the 'development regulations for those portions
of the structure which will be zoned GU. In this regard, the
primary purpose of the project is for the benefit of the public.
CONCLUSION
The Administration has concluded that the City Commission should
waive all pertinent development regulations as described herein,
pursuant to Section 6-12 B.h of the Zoning Ordinance in order to
allow for the construction of the parking garage and retail complex
in question, with the waiver to be conditioned upon the City's
• acquiring the rear portion of the project site and the air rights
above the first floor level of the property and also conditional
upon the project receiving all necessary approvals from said City
boards, as required by the City's Zoning Ordinance.
No waiver shall occur if the City does not acquire title to both
the air rights over 634-660 Collins Avenue and the rear portion of
said subject property. If the air rights over 670 Collins Avenue
are not acquired, then the waiver shall apply only to the air
rights over 634-660 Collins Avenue .and .the rear portion of said
property if those air rights and property are acquired.
RMC:DJG:TRM
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