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93-20920 Reso RESOLUTION NO. 93-20920 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING THE DEVELOPMENT REGULATIONS AND DESIGN REVIEW PROCESS REQUIRED BY ZONING ORDINANCE NO. 89-2665 IN ORDER TO ALLOW FOR DEMOLITION OF A BUILDING AT 1337 COLLINS AVENUE. WHEREAS, The City has acquired the property located at 1337 Collins Avenue in order to expand the existing public parking garage at the corner of 13th Street and Collins Avenue; and WHEREAS, there have been numerous problems associated with this property including repeated break-ins and other such nuisances; and WHEREAS, an expeditious demolition of the existing building would be in the best interests of the residents of the City of Miami Beach; and WHEREAS, the property is located with the Ocean Drive/Collins Avenue Local History District and the existing building located upon the property is designated "non-historic" in the City's Historic Properties Database; and WHEREAS, the City's development regulations in Section 19 of Zoning Ordinance No. 89-2665 require that a Certificate of Appropriateness for Demolition be obtained from the City's Historic Preservation Board prior to demolition of a property located in a historic district and also require that a permit for new construction be obtained prior to demolition; and WHEREAS, Sections 18 and 19 of Zoning Ordinance No,. 89-2665 require Design Review Approval and a Certificate of Appropriateness in order to obtain a permit for new construction in a historic district; and WHEREAS, the City is currently in the process of soliciting proposals for architectural services to design the expansion of the parking garage and the project will not be approved and completed for about one year; and WHEREAS, Subsection 6-12B of the City's Zoning Ordinance authorizes the City Commission to waive the development regulations and required design review process following a noticed public • hearing; and WHEREAS, waiving the development regulations and design review process regarding demolition will permit the demolition of the existing building prior to completion of the plans for the new project; and WHEREAS, when plans for the project are completed the plans will meet the requirements of the applicable development regulations and will be reviewed in accordance with the design review process; and WHEREAS, a noticed public hearing was held by the City Commission on October 20, 1993 ; and WHEREAS, the City Commission has determined that the development regulations and design review process required by Sections 18 and 19 of Zoning Ordinance No. 89-2665 should be waived in order to permit demolition of the building located at 1337 Collins Avenue. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the development regulations and design review process required by Sections 18 and 19 of Zoning Ordinance No. 89-2665 for demolition of the building located at 1337 Collins Avenue, are hereby waived. PASSED and ADOPTED this 2Oth1 da •f October , 993 ATTEST: /1 MAYOR' CITY CLERK SWS:scf:disk5\drb-reg.res FORM APPROVED LEGAL DEPT. By .) Date 51(-/� 10-13 ?' 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TELEPHONE: (305) 673-7010 OFFICE OF THE CITY MANAGER FAX: (305) 673-7762 • COMMISSION MEMORANDUM _ NO. _5rn-t13 TO: Mayor Seymour Gelber and DATEOctober 20, 1993 Members of the City Commission FROM: Roger M. ea. City Mana• SUBJECT: REQUEST FOR THE CITY COMMISSION TO WAIVE THE DEVELOPMENT REGULATIONS PURSUANT TO SECTION 6-12 (B) (h) OF THE ZONING ORDINANCE IN ORDER TO DEMOLISH THE EXISTING BUILDINGS AT 1337 COLLINS AVENUE RECOMMENDATION The Administration recommends that the City Commission waive all pertinent development regulations in the Zoning Ordinance regarding demolition procedures in order to demolish an existing non-historic main structure and an accessory rear structure at 1337 Collins Avenue for the expansion of an existing parking garage by providing approximately 90 additional parking spaces. BACKGROUND On March 3, 1993, the City Commission approved Resolution No. R93- 20735 authorizing acquisition of the property at 1337 Collins Avenue, in order to expand the existing parking garage at the corner of 13th Street and Collins Avenue. It is understood that the design and physical layout of the new addition will require approval from the Joint Design Review/Historic Preservation Board. Furthermore, it is anticipated that a design consultant will be selected within 45 days at a cost of approximately $20, 000. The City acquired the property on July 27, 1993 for $725,000. The buildings currently existing on the property have numerous problems -associated with them including a plethora of break-ins and other assorted public nuisances. Consequently, the Administration is of the opinion that it would be in the City's best interest to demolish the buildings now, in order to expedite the process for the parking garage expansion and eliminate interim liability and safety issues. The existing buildings are within the Ocean Drive/Collins Avenue Local Historic District and are technically subject to a hearing before the Historic Preservation Board in order to obtain a Certificate of Appropriateness for Demolition. However, it is important to note that the buildings are designated "non-historic" according to the City's Historic Properties Database. Such a Certificate cannot be issued, however, until the design of the replacement building is also approved. The design of the expansion of the 13th Street garage is currently in the Request- for-Proposals for Architectural Services phase (expected to be 111 1 AGENDA "2) ITEM DATE In -20^93 1 1 awarded in approximately 45 days) . The design phase will require at least a year to complete, including the presentation before the Joint Design Review/Historic Preservation Board. Securing the buildings during this period will be extremely difficult and may present a potential liability and safety problem for the City. The Administration is requesting that the City Commission waive all pertinent development regulations and design review procedures pursuant to Section 6-12 (B) (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. . . ." A public hearing requires that a 30 day notice be given and that the notice be posted on the property, advertised in the newspaper and mailed to all property owners within 375 feet. ANALYSIS- Because the buildings have a non-historic designation according to the City's Historic Properties Database, the issuance of a Certificate of Appropriateness for Demolition is imminent. However, the procedure for obtaining this Certificate would set the parking garage expansion project back months. This is not in the best interest of the City due to the physical and nuisance problems associated with the existing buildings. CONCLUSION We have discussed this situation with the Chairpersons of.both the Design Review and Historic Preservation Boards and they are in support of the Administration recommendation to expedite this process. The Administration has concluded that the City Commission should waive all pertinent development regulations pursuant to Section 6-12 (B) (h) of the. Zoning Ordinance for the demolition of the existing structures at 1337 Collins Avenue. RMC:DJG:TRM c:\wp\tom\cm-1337 112 2