Item Coversheet

Resolutions - R7  O




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:July  28, 2021
 

2:20 p.m. Public Hearing

SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B) OF THE CITY CODE, FINDING THAT THE CRITERIA FOR GRANTING A REVOCABLE PERMIT PURSUANT TO SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, FOLLOWING THE PUBLIC WORKS DEPARTMENT'S REVIEW AND RECOMMENDATION TO GRANT THE REVOCABLE PERMIT REQUEST AS SET FORTH IN THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, AND HEREBY APPROVING A REVOCABLE PERMIT REQUEST BY 224 2ND STREET, LLC FOR THE PROPERTY LOCATED AT 224 2ND STREET, MIAMI, FOR THE INSTALLATION OF A RAISED SIDEWALK ALONG 2ND STREET BETWEEN WASHINGTON AVENUE AND COLLINS COURT WITHIN THE CITY'S RIGHT-OF-WAY, CONTAINING APPROXIMATELY 948 SQUARE FEET (9.6' X 98.3'), AND TO ADD HANDRAILS AND TWO SETS OF STEPS FROM GRADE TO THE RAISED SIDEWALK ELEVATION FOR MID-BLOCK PEDESTRIAN ACCESS TO THE MAIN ENTRANCE; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVOCABLE PERMIT.

RECOMMENDATION

The Administration recommends approving the revocable permit.

BACKGROUND/HISTORY

224 2nd Street, LLC. (“Applicant” and "Owner") of the property located at 224 2nd Street, Miami Beach, is requesting a revocable permit to allow the installation of a raised sidewalk along 2nd Street between Washington Avenue and Collins Court within the City’s right-of-way, containing approximately 948 square feet (9.6’ x 98.3’), which sidewalk slopes up to the finished floor elevation of the property’s main entrance, and adding handrails and two sets of steps from grade to the raised sidewalk elevation for mid-block pedestrian access to the main entrance.

 

The Property is located in the southeast corner of the intersection of Washington Avenue and 2nd Street. The Miami-Dade County Property Appraiser identifies the Property with Folio No. 02-4203-003-1250. The lot area is approximately 6,500 square feet (0.15 acres) in size. The Property is zoned Limited Mixed-Use Commercial “C-PS1” and is also located within the Ocean Beach Local Historic District.

 

The surrounding uses include: a residential apartment to the west across Washington Avenue, a Washington Park located to the north across 2nd Street, a City-owned dog park to the east across the alley, and a City-owned surface parking lot is adjacent to the property to the south.

 

On July 11, 2017, the City’s Historic Preservation Board (“HPB”) approved a Certificate of Appropriateness (“COA”) for partial demolition and renovation of the existing site, construction of a 1-story addition, and a waiver for off-site loading. The intent of the previous owner was to reuse the property for a restaurant.

 

More recently, on July 9, 2019, the HPB approved a modification of the COA for alterations of the prior design for function of the school use, and construction of an addition to the structures for additional classroom space, HPB19-0298 a.k.a. HPB 17-0122. The Property is currently under renovation in accordance with the modified COA.

ANALYSIS

Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94.

Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria:

• The Applicant’s need is substantial.

The Applicant respectfully requests the revocable permit in order to construct an improved, raised sidewalk to the proposed new school entrance. Given the fact that the existing structure is classified as a contributing building within a local historic district, raising the sidewalk is the only reasonable method to make the entrance of the school accessible. There is not sufficient space within the existing for ramping and the existing condition of the abutting sidewalk on 2nd Street is not pleasant for parents with strollers or young children. Additionally, the success of the new schools relies, in part, on providing improved access to the existing structure. Therefore, the proposed sidewalk improvements with railings and proper sloping is critical. The sidewalk complies with all City regulations and provides the necessary access to make this a successful site.

 

•  The Applicant holds title to an abutting property.

 

The Owner is the Applicant for the revocable permit and holds title to the Property.

 

•  The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws.

 

The proposed sidewalk will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the Planning Board (PB) and HPB approvals. The Applicant has requested a revocable permit to ensure that sidewalk complies with the applicable regulations.

 

•  The grant of the application will have no adverse effect on governmental/utility easements and uses on the property.

 

The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The sidewalk will be installed at an appropriate height, which will permit pedestrian access to the Property and does not obstruct the abutting right of way. The new sidewalk will have no adverse effect on governmental/utility easements and uses on the Property.

 

•  That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security.

 

The proposed encroachment will allow for the use and design of the Property as approved by the PB and the HPB. The Applicant has gone through great lengths to preserve much of the existing contributing structures on this site, which will maintain the character of the existing structure. Additionally, the Applicant is providing public benefits that are compatible with the highly pedestrian environment and proposed use. Overall, approval of the revocable permit will beautify the sidewalk and make it functionally appropriate and safe. Sidewalk improvements will directly enhance the neighborhood with enhanced landscaping and improved drainage, as well as improved safety

 

•  That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district.

 

Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owners within the City can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community.

 

• That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare.

 

Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood, while providing accessibility for the students and parents of the school.

SUPPORTING SURVEY DATA

Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City.  In order to continue maintaining excellent standards in this area, the City intends to approve the revocable permit.

CONCLUSION

The Administration recommends approving the revocable permit.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Prosperity - Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works

ATTACHMENTS:
Description
RWP0421-7301_Letter of Intent
RWP0421-7301_Revocable Permit Application
RWP0421-7301_Permit Plans
RWP0421-7301_Title Policy
Updated Sketch and Legal
Resolution