Loading...
HomeMy WebLinkAbout2005-25898 Reso RESOLUTION NO. 2005-~5898 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO WAIVE BY A FIVE- SEVENTHS VOTE OF THE CITY COMMISSION CERTAIN 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 (Consultant) (from the City's AlE rotational list) to design and prepare construction documents for the new surface lot at 137 Washington Avenue; and WHEREAS, the City gave the Consultant the direction to maximize the number of parking spaces in the lot to provide for greater public parking opportunities in the area; 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 waiver of certain land development regulations regarding developments pertaining to governmental owned uses and sites which are open to the public is set forth within Section 142-425 (d) of the City Code; and WHEREAS, pursuant to Code Section 142-425 (d), the Administration is seeking that the City Commission waive by a five-sevenths vote at a public hearing the following sections of the City Code in order to construct the parking lot in order to maximize the public parking opportunities in this area of the City: Section 142-699 (Setback requirements), Section 130-69 (Commercial and noncommercial parking lots), Section 130-63 (Interior aisles) and Section 142-1132 (Allowable encroachments within required yards ). 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 waive by five-sevenths vote at a public hearing certain 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 "\ '. ,.' , f ATTEST: .~f~ CITY CLERK Robert Parcher T:\AGENDA\2005\May1805\Regular\ 137 Washington Setbacks Waiver Reso.doc ,2005 APPROVED I'S TO FORM & lANGUAGE & FOR CUTION '~ ~/fr IDr -w.::t ,~' CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution to waive by a five-sevenths vote of the City Commission certain development regulations pursuant to section 142-425 d of the Ci Code for the ro osed surface arkin lot at 137 Washin ton Avenue. Issue: Shall the Commission waive by a five-sevenths vote certain provisions of the City Code for the surface lot located at 137 Washin ton Avenue? Item Summary/Recommendation: 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 parking 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 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 TI F 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 waiver of certain land development regulations regarding developments pertaining to governmental owned uses and sites which are open to the public is set forth within Section 142-425 (d) of the City Code. Variance requested from: Section 142-699. Setback requirements in the C-PS1, 2, 3, 4 districts. Section 130-69. 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 to waive by a five-sevenths vote of the City Commission certain development regulations pursuantto section 142-425 (d) of the City Code for the proposed surface parking lot at 137 Washington Avenue. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: AGENDA ITEM DATE R1t\ 5"'- (f -O~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfLgov COMMISSION MEMORANDUM From: Mayor David Dermer and Date: May 18, 2005 Members of the City Commission Jorge M. Gonzalez G -~ / City Manager 0 r {5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO WAIVE BY A FIVE-SEVENTHS VOTE OF THE CITY COMMISSION CERTAIN DEVELOPMENT REGULATIONS PURSUANT TO SECTION 142-425 (d) OF THE CITY CODE FOR THE PROPOSED SURFACE PARKING LOT AT 137 WASHINGTON AVENUE. 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 with the direction to maximize the number of parking spaces in the lot. 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. City Commission Memorandum May 18, 2005 137 Washington Avenue Page 2 of 3 However, the parking lot plans are slightly nonconforming with respect to certain setbacks required by the City Code as currently designed. The design calls for thirty-one (31) parking spaces on the lot, maximizing the number of spaces possible. A privately owned property would seek a variance from the Board of Adjustment to modify these requirements; the process for waiver of certain land development regulations regarding developments pertaining to governmental owned uses and sites which are open to the public is set forth within Section 142-425 (d) of the City Code. The following items require waiver by a five-sevenths vote at a public hearing of certain development regulations in order to construct the lot as presently designed: 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 reQuirements 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 orimarv use the setbacks are listed in section 142-1132(n). (referenced correction: 130-69) Section 130-69. Commercial and noncommerciallJarkina lots. Commercial and noncommercial oarkina lots as a main use on a seoarate lot shall be subiect to the followina reaulations. in addition to the other reaulations of this article: (1) The required front and rear yards shall be those of the underlvina 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 followina minimum dimensions oermitted: Fortv-five dearee oarkina - 11 feet /oarkina 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". City Commission Memorandum May 18, 2005 137 Washington Avenue Page 3 of 3 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". . Variance requested from: Section 142-1132. Allowable encroachments within reauired yards. (k) Liahtpoles. In all districts: (/) Liahtpoles shall have a maximum heiaht 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 reauired setback. (2) Allliaht from Iiahtpoles shall be contained on-site or on any public riaht-of-way as reauired by the City Code. Without the waiver of these sections of the City Code, the parking lot will have to be redesigned, resulting in fewer parking spaces. The design currently includes thirty-one (31) parking spaces. If the waivers outlined above are not granted, the number of parking spaces will have to be reduced to nineteen (19), resulting in a loss of twelve (12) spaces. Whereas this area of the City has so few public parking opportunities, the Administration recommends the waiver of the outlined sections of the City Code in order to maximize the parking availability in this area of the City. CONCLUSION The Administration recommends the adoption of a resolution to waive by five-sevenths vote at a public hearing certain 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. T:\AGENDA\2005\May1805\Regular\137 Washington Setbacks Waiver Memo.doc .-~,;~f~":tti?~'0}~~~~~~ ~ NOT~~rO~FA~~:r~:~lHll'; ~' ..,. ,.,.,~ ,--->.,"<:'~'{.>''''. ....':.;i<.,,', ..'..1 .. NOTICE IS HEREBY given that a public hearing will be held by the S City Commission of the City of Miami Beach, In the COnnnisalGft z: Chambers, 3rd fl9Qr, City Hall, 1700 ConventiOn" " " ~ Beach, Florida on Wednesday, May 18, _""'''"I i I ~:~a~~s' ~r~:~r~ c~:\~nW~~~~~2~ ~r~amr '... ", ",if ~ \ Code, to reduce the width of parking lot interior driYewayal.,tQ.1 9 reduce set backs from property lines, to incl'ea$e the ~, 11 height of lightpoles, all for the proposed City surface parking lOt at i ~ 137 Washington Avenue; said waivers under SectIonS :342-699, 13(}. , ~ 60, 130-63 and 142-1132 of the Land Development Regulations. ' ~~~~ may be directad to the City Managel'~ o~ lit (305) r~, ALL INTERESTED PARTIES are invited to apPtheea~ at,thiShlearl~1lQ or i#'~ be represented by an agent, or to express , Ir VieWS, n.. ' i addressed to the City Commission, c/o the City" Clerk, t7 J Convention -Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33130, This meeting may be continued and under such ~ circumstances additional legal n~tices would not be provided. Robert E. Parcher, City' Clerk City of Miami, Beac.h Pursuant to Section 286,0105, Fla, Stat., the City hereby advIseS the public that If a person decides to appeal any decision made by this Board witl1 respect to any matter considered at its meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes 1he testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by 1he City for the introduction or admission of otherwise inadmissible or lrreIevant evidence, nor does it authorize challenges or appeals not otherwise alloWed by law., . In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding or to request Information on access for persons with disabilities, or to request this publlcation in accesslble format or to request sign language interpreters, should contact the City Clerk's OffIce at (305) 673-7411 for assistance, no later than four (4) days prior to the proceeding. If headng impaired, telephone the Florida Relay Service numbers, (800) 955-8n1 (TOD) or~800) 955-8770 (Voice), for assistance, Ad #308 . .-....