A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING, THE GRANTING OF THE WAIVER OF CERTAIN DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION, PURSUANT TO SECTION 142-425(d), OF THE LAND DEVELOPMENT REGULATIONS (LDR), FOR THE NEW INTERCEPTOR PARKING GARAGE TO BE CONSTRUCTED AT THE P-23 SURFACE PARKING LOT, LOCATED AT 1623 WEST AVENUE, WHICH WAIVERS CONSIST OF: 1) A WAIVER OF SECTION 142-156(a), OF THE LDR, IN ORDER TO REDUCE THE MINIMUM FRONT SETBACK (WEST SIDE) ALONG WEST AVENUE; TO REDUCE THE SIDE SETBACK ALONG THE NORTH SIDE OF THE PARKING LOT; AND TO REDUCE THE REAR SETBACK ALONG THE EAST SIDE OF THE PARKING LOT ALONG ALTON COURT; 2) A WAIVER OF SECTION 142-155(b) OF THE LDR, IN ORDER TO INCREASE THE MAXIMUM BUILDING HEIGHT FROM 50 FEET TO 75 FEET; AND 3) A WAIVER OF SECTION 142-156(b)(1), OF THE LDR, IN ORDER TO ALLOW RETAIL USES ON THE FIRST LEVEL OF THE GARAGE, FRONTING WEST AVENUE.

On April 13, 2016, the Mayor and City Commission approved the issuance of Request for Qualifications No. 2016-124-KB (RFQ) for Architectural and Engineering Design Criteria Professional Services for mixed use parking garages, including the P-23 Surface Parking Lot Project (Project).

The RFQ was issued on April 20, 2016, and on June 8, 2016, the City Commission approved Resolution No. 2016-29425 authorizing the City to negotiate with DESMAN, INC. (Consultant); negotiations were successful, and an agreement was executed with the Consultant.

The construction of an interceptor parking garage at the P-23 Surface Parking Lot was approved in the FY 2015-16 Capital Budget as part of the City’s initiative to expand municipal parking garages.

A Design Criteria Package (DCP) is being prepared by the Consultant and will be provided to the Design Build Team for the design development and subsequent construction of a new parking garage.

The administration decided to proceed with a design-build method of procurement. The Consultant is preparing the Design Criteria Package (DCP) that would include concise performance-oriented specifications for the new Interceptor Garage at the P-23 surface parking lot. The purpose of the DCP is to furnish sufficient information to allow Design-Build (DB) firms to provide a response to the City’s Request for Proposals (RFP) for Design-Build services.

At the May 17, 2017 Commission Meeting, the Mayor and City Commission directed staff to proceed with the development of a parking structure 75 foot in height, with workforce housing on the top two (2) floors and retail use on the first floor of the garage.

The P-23 Surface Parking Lot is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code, the City Commission may waive by five sevenths (5/7ths) vote, following a dully noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the hearing, development regulations “pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes.” Specifically, administration is requesting the following development regulation waivers:

1. 142-156(a), to reduce the minimum front setback, facing West Avenue from twenty feet (20’-0”) to fifteen feet (15’-0”); to reduce the minimum north side setback from twelve feet (12’-0”) to eleven feet four inches (11’-4”); to reduce the rear setback from fifteen feet (15’-0”) to zero feet (0’-0”);

2. 142-155(b), to increase the maximum building height from fifty feet (50’) to seventy five feet (75’). The requested building height is necessary to accommodate parking levels, takes into account sufficient clearance for vans, future modifications to accommodate sea level rise and to accommodate workforce housing on the top two (2) floors of the garage.

3. 142-156(b) (1), to allow mixed-use development including residential and/or retail space at the first level facing West Avenue.

The requested waivers would allow construction of the maximum number of parking spaces (approximately 170 to 180 spaces on four levels) and two floors of workforce housing (approximately 32,000 gross square feet).

On June 7, 2017, the City Commission approved scheduling a Public Hearing to consider the waiver of Development Regulations pursuant to Section 142-425 (d) of the Land Development Regulations, after a dully noticed public hearing, advertised in the newspaper at least fifteen (15) days prior to the hearing, for the P23 Surface Parking Lot. The public hearing was scheduled for July 26, 2017.

The Planning Department performed an Analysis of Waiver of GU Regulations (Exhibit A) of the requested waivers and determined that the requested waivers are consistent and there will not be any negative impact on the surrounding areas as a result of the requested waivers. Any appropriate investigation needed will be addressed through the Design Review Process. 

The Administration recommends that the City Commission approve the resolution.