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Home My WebLink About2005-25858 Reso RESOLUTION NO.. 2005-25858 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO WAIVE THE DEVELOPMENT REGULATIONS PURSUANT TO SECTION 142-425 (d) OF THE CITY CODE FOR THE PROPOSED SURFACE PARKING LOT AT 137 WASHINGTON AVENUE. WHEREAS, on December 6, 2001, the South Pointe Advisory Board recommended the relocation of the Community Garden, now known as the Victory Garden; and WHEREAS, the relocation of the Community Garden, from 137 Washington Avenue to 226 Collins Avenue, and the subsequent construction of a surface parking lot at 137 Washington Avenue, was confirmed by the Land Use and Development Committee on December 17, 2001, and approved by the City Commission on December 19,2001; and WHEREAS, the City retained Bermello, Ajamil Architects (B&A) (from the City's AlE rotational list) to design and prepare construction documents for the new surface lot at 137 Washington Avenue; and WHEREAS, since the lot is within a Historic District, a presentation to the Historic Preservation Board (HPB) was required; the HPB approved the design of the proposed surface parking lot at it's meeting on February 10, 2004; and WHEREAS, on May 5, 2004, Resolution No. 471-2004 appropriated $335,500 (including a 10% contingency) from the South Pointe Redevelopment Area TIF Funds in order to construct the parking lot at 137 Washington Avenue; and WHEREAS, increased construction costs, and other necessary items to complete the permit for the Department of Environmental Protection elevated the price to $410,454, including all fees; and WHEREAS, as the original amount appropriated was $335,500, Resolution No. 497 -2005 was approved on February 23, 2005 appropriating $75,000 from the South Pointe Redevelopment Area TIF Funds, in order to complete the funding necessary to construct the surface lot; and WHEREAS, the parking lot plans are slightly nonconforming with respect to certain setbacks required by the City Code; the process for a publicly owned parcel is to seek a waiver of development regulations, pursuant to Section 142-425 (d) of the City Code; and WHEREAS, pursuant to Section 142-425 (d), the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in a newspaper at least fifteen (15) days prior to the hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission hereby set a public hearing, to be held in the City Commission Chambers, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida, to consider waiving the development regulations pursuant to Section 142-425 (d) of the City Code for the purpose of constructing the proposed surface parking lot at 137 Washington Avenue. PASSED AND ADOPTED THIS ATTEST: ,2005 ~Yf~ CITY CLE.RK Rob~rt 'E. Parcher David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1j1:t-6~ T:\AGENDA \2005\Apr20,2005\Regular\RESO-MEDICAL-RFP-2005.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution setting a public hearing to waive the development regulations pursuant to section 142-425 (d) of the Land Develo ment Re ulations for the ro osed surface arkin lot at 137 Wash in ton Avenue. Issue: Shall the Commission set a public hearing to waive to the City Codes for the surface lot located at 137 Washington Avenue? Item Summary/Recommendation: On December 6,2001 the South Pointe Advisory Board recommended the relocation ofthe Community Garden, now known as the Victory Garden. The relocation of the Community Garden from 137 Washington Avenue to 226 Collins Avenue, and the subsequent construction of a surface parking lot at 137 Washington Avenue was confirmed by the Land Use and Development Committee on December 17, 2001 and approved on December 19, 2001 by the City Commission of the City of Miami Beach. The Parking Department retained Bermello, Ajamil Architects (B&A) from the City's AlE rotational list to design and prepare construction documents for the new surface lot at 137 Washington Avenue. Since the lot is within the Historic District, a presentation to the Historic Preservation Board (HPB) was required. The HPB approved the design of the surface parking lot on February 10, 2004. On May 5,2004 Resolution NO.4 71-2004 appropriated $335,500 including a 10% contingency from the South Pointe Redevelopment Agency TIF Funds in order to construct the parking lot at 137 Washington Avenue. Increased construction costs, and other necessary items to complete the permit for the Department of Environmental Protection elevated the price to $410,454 including all fees. The original amount appropriated was $335,500 leaving a deficit of approximately $75,000. Resolution No. 497-2005 was approved on February 23, 2005 appropriating $75,000 from the South Pointe Redevelopment Agency TIF Funds in order to complete the funding necessary to construct the surface lot. However, the parking lot plans are slightly nonconforming with respect to certain setbacks required by the City Code. A privately owned property would seek a variance from the Board of Adjustment to modify these requirements; the process for a publicly owned parcel is to seek a Waiver of Development Regulations, pursuant to Chapter 140 of the City's Land Development Regulations. Variance requested from: Section 142-699. Setback requirements in the C-PS1, 2, 3,4 districts. Section 130-60. Commercial and noncommercial parking lots. Section 130-63. Interior aisles. Section 142-1132. Allowable encroachments within required yards. The Administration recommends the adoption of a resolution setting a public hearing to consider waiving the development regulations pursuant to section 142-425 (d) of the Land Development Regulations for the proposed surface oarkino lot at 137 Washinoton Avenue. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: AGENDA ITEM C 7 C DATE r-Jrr~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager () U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO WAIVE THE DEVELOPMENT REGULATIONS PURSUANT TO SECTION 142-425 (d) OF THE LAND DEVELOPMENT REGULATIONS FOR THE PROPOSED SURFACE PARKING LOT AT 137 WASHINGTON AVENUE. Date: April 20, 2005 To: Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On December 6, 2001 the South Pointe Advisory Board recommended the relocation of the Community Garden now known as the Victory Garden. The relocation of the Community Garden from 137 Washington Avenue to 226 Collins Avenue, and the subsequent construction of a surface parking lot at 137 Washington Avenue, was confirmed by the Land Use and Development Committee on December 17, 2001 and approved on December 19, 2001 by the City Commission of the City of Miami Beach. The Parking Department retained Bermello, Ajamil Architects (B&A) from the City's AlE rotational list to design and prepare construction documents for the new surface lot at 137 Washington Avenue. Since the lot is within the Historic District, a presentation to the Historic Preservation Board (HPB) was required. The HPB approved the design of the surface parking lot on February 10, 2004. On May 5, 2004 Resolution No. 471-2004 appropriated $335,500 including a 10% contingency from the South Pointe RedevelopmentAgencyTIF Funds in order to construct the parking lot at 137 Washington Avenue. Increased construction costs, and other necessary items to complete the permit for the Department of Environmental Protection elevated the price to $410,454 including all fees. The original amount appropriated was $335,500 leaving a deficit of approximately $75,000. Resolution No. 497-2005 was approved on February 23, 2005 appropriating $75,000 from the South Pointe Redevelopment Agency TIF Funds in order to complete the funding necessary to construct the surface lot. However, the parking lot plans are slightly nonconforming with respect to certain setbacks City Commission Memorandum April 20, 2005 137 Washington A venue Page 2 of 3 required by the City Code. A privately owned property would seek a variance from the Board of Adjustment to modify these requirements; the process for a publicly owned parcel is to seek a Waiver of Development Regulations, pursuant to Chapter 140 of the City's Land Development Regulations. The following items require waiver of development regulations: 1. Waive 3'-4" of the minimum required 5'-0" interior side yard setback in order to permit the construction of the parking lot 1'-8" from the north property line. 2. Waive 1 '-7" of the minimum required 5'_0" interior side yard setback in order to permit the construction of the parking lot 3'-5" from the south property line. 3. Waive 1'-0" of the minimum required 11'-0" interior isle one-way traffic in order to permit the construction of the parking lot with 1 0'-0" interior isles driveway width. 4. Waive 1'-7" of the minimum required 18'-10" for a forty-five degree angle parking row width in order to permit the construction of a parking lot with 17'-3" forty-five degree angle parking row width. . Variance requested from: Section 142-699. Setback reauirements in the C-PS1. 2. 3. 4 districts. (a) The setback requirements in the C-PS1, 2, 3, 4 districts are as follows: Parking lots and garages - if located on the same lot as the main structure the above setbacks shall apply, if primary use the setbacks are listed in section 142-1132(n). (referenced correction: 130-69) Section 130-60. Commercial and noncommerciallJarkina lots. Commercial and noncommercial parkinq lots as a main use on a separate lot shall be subiect to the followinq requlations. in addition to the other requlations of this article: (1) The required front and rear yards shall be those of the underlyinq district. (2) The required side yards shall be as follows: Between 56 and 100 feet. inclusive - Five feet Section 130-63. Interior aisles. Interior aisles shall meet or exceed the followinq minimum dimensions permitted: Forty-five deqree parkinq - 11 feet / parkinq row width: 18'-10" 5. Waive a range of 3'-6" and 6'-6" of the minimum required interior side setbacks in order to permit three (3) lightpoles to be set back between 1'-0" and 4'-0" from the south property line and to exceed the maximum permitted height of 10'-0" by 2'-0" in order to permit an overall height of 12'-0". 6. Waive 6'-6" of the minimum required interior side setbacks in order to permit three (3) Iightpoles to be set back between 1 '0" from the north property line and to exceed the maximum permitted height of 10'-0" by 2'-0" in order to permit an overall height of 12'_ 0". City Commission Memorandum Apri/20,2005 137 Washington Avenue Page 3 of 3 . Variance requested from: Section 142-1132. Allowable encroachments within reauired yards. (k) Liahtpoles. In all districts: (I) Liqhtpoles shall have a maximum heiqht often (10) feet. Liahtpoles shall be located 7 ~ feet from any property line except that when such property line abuts a public riaht- of-way, or waterway there shall be no required setback. (2) Allliqht from Iiahtpoles shall be contained on-site or on any public riqht-of-wav as required bv the City Code. Pursuant to Section 142-425 (d) the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in a newspaper at least fifteen (15) days prior to the hearing. CONCLUSION The Administration recommends the adoption of a resolution setting a public hearing to consider waiving the development regulations pursuant to section 142-425 (d) of the Land Development Regulations for the purpose of constructing the proposed surface parking lot at 137 Washington Avenue. T:\AGENDA\2005\Apr2005\Regular\137 Washington Setback Memo.doc