8108, 8128, & 8140 COLLINS AVENUE - NORTH BEACH YARD WAIVER OF DEVELOPMENT REGULATIONS:

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 142-425 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR), THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE CITY OWNED "WEST LOTS," FOR "NORTH BEACH YARD," TO BE LOCATED AT 8108-8140 COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT LDR SECTIONS 142-422, 142-423 AND 142-425, ENTITLED "MAIN PERMITTED USES," "PRIVATE USES," AND "DEVELOPMENT REGULATIONS" IN ORDER TO WAIVE THE REQUIREMENTS AND REVIEW CRITERIA RELATING TO PLANNING BOARD REVIEW OF A CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT, AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT UNDER LDR SECTIONS 118-192 AND 142-1362; TO WAIVE THE SEA LEVEL RISE AND RESILIENCY CRITERIA OF LDR SECTION 133-7; TO WAIVE THE REQUIREMENT THAT THE DESIGN REVIEW BOARD REVIEW THE DESIGN OF THE NORTH BEACH YARD; AND FOR THE CITY COMMISSION TO REVIEW THE WAIVERS CONSISTENT WITH THE CRITERIA OF LDR SECTION 118-251 (DESIGN REVIEW CRITERIA); IN ORDER TO AUTHORIZE THE OPERATION AND CONSTRUCTION OF A CULTURAL AND ENTREPRENEURIAL HUB, FOR AN OUTDOOR VENUE WITH ENTERTAINMENT, TO BE OPERATED BY NORTH BEACH YARD, LLC.

HISTORY
On November 20, 2017, North Beach Yard LLC executed an operational lease agreement with the City of Miami Beach for the property at 8108-8140 Collins Avenue (See attached lease). The lease agreement outlined the terms of the lease which included operational standards including hours of operation (page 12 of the attached lease,) prohibited uses (page 13,) outdoor entertainment parameters (pages 13-14,) and repercussions of noise violations (page 13.)

On March 7, 2018, at the request of Commissioner Ricky Arriola, the City Commission referred an Ordinance to the Land Use and Development Committee (LUDC) and the Planning Board (Item R9J) to allow for the waiver of the Design Review Board (DRB) process for the North Beach Government Use (GU) lots. This ordinance has been endorsed by the LUDC (March 14, 2018) and was transmitted to the City Commission with a favorable recommendation on March 27, 2018. The Ordinance was approved at First Reading on April 11, 2018 and scheduled for adoption on May 16, 2018.

BACKGROUND
The North Beach Yard development project is proposed for existing lots located on the west side of Collins Avenue, between 81st and 82nd Streets. These lots, part of a group of lots commonly referred to as the “West Lots,” are City owned and zoned Government Use (GU). To the immediate west the lots are adjacent (separated by the Collins Court alley) to the RM-1 residential multifamily, low intensity zoning district and recently designated North Shore Local Historic District.

In 2017, the City Comprehensive Plan was amended to change the Future Land Use Map (FLUM) category of the west lots from RM-1 to Public Facility (PF). Additionally, the Public Facility (PF) portion of the Comprehensive Plan was amended to allow for commercial uses as a permitted use. This change brought previously approved uses (e.g. Ocean Rescue) into compliance with the comprehensive plan, and provided more flexibility for future uses.

Further, in 2017, Sec. 142-425(d) of the City Code, pertaining to waivers for GU properties, was amended to provide the City Commission the authority to consider waivers for certain private uses located on the west lots. Specifically, for private uses approved by the City Commission for a period of less than ten years, the City Commission is now able to consider a waiver of development regulations. Prior to this amendment, GU waivers on the west lots were limited to government facilities/uses, cultural organizations and not-for-profits.

THE PROJECT
The applicant has submitted plans entitled "NOBE YARD", as prepared by CDS Architecture and Planning, which are dated, signed and sealed March 3, 2018. The applicant is requesting approval for a variety of uses within repurposed shipping containers and an existing structure on site. The proposal is modeled after the ‘Wynwood Yard’, located in the City of Miami.

From the submitted drawings, a rough estimate of the total amount of seating and the total square footage is as follows:

• 544 restaurant and bar seats (174 seats indoors and 370 seats outdoors)
• 14,288 square feet of area not utilized for seating
• A total occupancy projection of 2,120 persons.

PLANNING ANALYSIS
The North Beach Yard LLC is requesting the following waivers of the Land Development Regulations of the City Code:

1. Waiver of the following applicable Development Regulations in Chapter 142:

a. Front, side, sum of the side yard and rear setback requirements for structures.
b. Allowable fence heights and fencing material requirements.
c. Widths of walkways and decks in required yards.
d. Off-Street Parking and Loading space requirements.
e. Parking space size and setbacks.
f. The location requirements for the storage and parking of commercial vehicles.
g. Rear yard open space requirements.
h. Yard elevation requirements.
i. Lot coverage limitations.
j. Non-visibility requirements for outdoor bar counters.
k. Hours of operation for an outdoor bar counter adjacent to a residential use.
l. Seating requirements for individual establishments selling beer, wine and/or liquor.
m. Size, location, and number signs.
n. Corner visibility requirements.
o. Store enclosure requirements.
p. Visibility of mechanical equipment.
q. The time span of allowable mobile storage containers.
r. Landscape requirements.
s. Lot aggregation limitations of the City Code.

2. Waiver of the requirement for Conditional Use Approval (CUP) for a Neighborhood Impact Establishments (NIE) in Chapter 142. The NOBE Yard meets the threshold of an NIE, as the capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment establishment.

3. Waiver of the requirement for Conditional Use Approval (CUP) for an Outdoor Entertainment Establishment (OEE) in Chapter 142. The NOBE Yard meets the threshold of an outdoor open air entertainment establishment.

4. Waiver of the requirements for the review of Sea Level Rise and Resiliency review criteria for all Land Use Boards in Chapter 133. This waiver is due to the temporary nature of the proposal.

5. Waiver of the requirements for review by the Design Review Board (DRB) in Chapter 118.

Pursuant to Section 142-425(d) of the City Code, the City Commission can waive the above noted development regulations and requirements for GU properties. For more specific information regarding the NOBE Yard operations and parking, please see the submitted documents and the executed lease, which are attached to the application.

For informational purposes, the following are the applicable guidelines and criteria related to the aforementioned waivers:

1. Guidelines for the review of the Planning Board for a Conditional Use Permit (CUP) found in Chapter 118, Article IV:

a. The use is consistent with the comprehensive plan or neighborhood plan if one exists for the area in which the property is located; and
b. The intended use or construction will not result in an impact that will exceed the thresholds for the levels of service as set forth in the comprehensive plan; and
c. Structures and uses associated with the request are consistent with these land development regulations; and
d. The public health, safety, morals, and general welfare will not be adversely affected; and
e. Adequate off-street parking facilities will be provided; and
f. Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values: and
g. The concentration of similar types of uses will not create a negative impact on the surrounding neighborhood. Geographic concentration of similar types of conditional uses should be discouraged; and
h. The structure and site complies with the sea level rise and resiliency review criteria in Chapter 133, Article II, as applicable.

2. Requirements and supplemental review criteria for the review of the Planning Board for Neighborhood Impact Establishments (NIE) and Outdoor Entertainment Establishment (OEE) from Chapter 142, Article V, Division 6:

a. An operational/business plan which addresses hours of operation, number of employees, menu items, goals of business, and other operational characteristics pertinent to the application; and
b. A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, selfpark, shared parking, after-hour metered spaces and the manner in which it is to be managed; and
c. An indoor/outdoor crowd control plan which addresses how large groups of people waiting to gain entry into the establishment, or already on the premises will be controlled; and
d. A security plan for the establishment and any parking facility, including enforcement of patron age restrictions; and
e. A traffic circulation analysis and plan which details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated; and
f. A sanitation plan which addresses on-site facilities as well as off-premises issues resulting from the operation of the establishment; and
g. A noise attenuation plan which addresses how noise will be controlled to meet the requirements of the noise ordinance; and
h. Proximity of proposed establishment to residential uses; and
i. Cumulative effect of proposed establishment and adjacent pre-existing uses.

3. Requirements for the review of sea level rise and resiliency review criteria for all Land Use Boards in Chapter 133, Article II:

a. Criteria for development orders:

(1) A recycling or salvage plan for partial or total demolition shall be provided; and
(2) Windows that are proposed to be replaced shall be hurricane proof impact windows; and
(3) Where feasible and appropriate, passive cooling systems, such as operable windows, shall be provided; and
(4) Whether resilient landscaping (salt tolerant, highly water-absorbent, native or Florida friendly plants) will be provided; and
(5) Whether adopted sea level rise projections in the Southeast Florida Regional Climate Action Plan, as may be revised from time to time by the Southeast Florida Regional Climate Change Compact, including a study of land elevation and elevation of surrounding properties were considered; and
(6) The ground floor, driveways, and garage ramping for new construction shall be adaptable to the raising of public rights-of-way and adjacent land; and
(7) Where feasible and appropriate, all critical mechanical and electrical systems shall be located above base flood elevation; and
(8) Existing buildings shall be, where reasonably feasible and appropriate, elevated to the base flood elevation; and
(9) When habitable space is located below the base flood elevation plus City of Miami Beach Freeboard, wet or dry floodproofing systems will be provided in accordance with chapter 54 of the City Code ; and
10) Where feasible and appropriate, water retention systems shall be provided.

4. Requirements for authorization of variances from the City Code under Chapter 118, Article VIII:

In order to authorize any variance from the terms of these land development regulations the applicable board shall find that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; and
(2) The special conditions and circumstances do not result from the action of the applicant; and
(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by these land development regulations to other lands, buildings, or structures in the same zoning district; and
(4) Literal interpretation of the provisions of these land development regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these land development regulations and would work unnecessary and undue hardship on the applicant; and
(5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and
(6) The granting of the variance will be in harmony with the general intent and purpose of these land development regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and
(7) The granting of this request is consistent with the comprehensive plan and does not reduce the levels of service as set forth in the plan. The planning and zoning director may require applicants to submit documentation to support this requirement prior to the scheduling of a public hearing or any time prior to the board voting on the applicant's request; and
(8) The granting of the variance will result in a structure and site that complies with the sea level rise and resiliency review criteria in chapter 133, article II, as applicable.

DESIGN REVIEW CRITERIA
The following are the applicable review criteria of the Design Review Board (DRB) from Chapter 118, Article VI of the City Code:

a. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, trees, drainage, and waterways; and
b. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures, signs, and lighting and screening devices; and
c. The dimensions of all buildings, structures, setbacks, parking spaces, floor area ratio, height, lot coverage and any other information that may be reasonably necessary to determine compliance with the requirements of the underlying zoning district, and any applicable overlays, for a particular application or project; and
d. The color, design, selection of landscape materials and architectural elements of exterior building surfaces and primary public interior areas for developments requiring a building permit in areas of the city identified in section 118-252; and
e. The proposed site plan, and the location, appearance and design of new and existing buildings and structures are in conformity with the standards of this article and other applicable ordinances, architectural and design guidelines as adopted and amended periodically by the design review board and historic preservation board and all pertinent master plans; and
f. The proposed structure, and/or additions or modifications to an existing structure, indicates a sensitivity to and is compatible with the environment and adjacent structures, and enhances the appearance of the surrounding properties; and
g. The design and layout of the proposed site plan, as well as all new and existing buildings shall be reviewed so as to provide an efficient arrangement of land uses. Particular attention shall be given to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, impact on contiguous and adjacent buildings and lands, pedestrian sight lines and view corridors ; and
h. Pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed to ensure that clearly defined, segregated pedestrian access to the site and all buildings is provided for and that all parking spaces are usable and are safety and conveniently arranged; pedestrian furniture and bike racks shall be considered. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site; and
i. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property for security purposes and to minimize glare and reflection on adjacent properties. Lighting shall be reviewed to assure that it enhances the appearance of structures at night; and
j. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall site plan design; and
k. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from structures are adequately shielded from public view, adjacent properties and pedestrian areas; and
l. The proposed structure has an orientation and massing which is sensitive to and compatible with the building site and surrounding area and which creates or maintains important view corridor(s); and
m. The building has, where feasible, space in that part of the ground floor fronting a street or streets which is to be occupied for residential or commercial uses; likewise, the upper floors of the pedestal portion of the proposed building fronting a street, or streets shall have residential or commercial spaces, shall have the appearance of being a residential or commercial space or shall have an architectural treatment which shall buffer the appearance of the parking structure from the surrounding area and is integrated with the overall appearance of the project; and
n. The building shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs and elevator towers; and
o. An addition on a building site shall be designed, sited and massed in a manner which is sensitive to and compatible with the existing improvement(s); and
p. All portions of a project fronting a street or sidewalk shall incorporate an architecturally appropriate amount of transparency at the first level in order to achieve pedestrian compatibility and adequate visual interest; and
q. The location, design, screening and buffering of all required service bays, delivery bays, trash and refuse receptacles, as well as trash rooms shall be arranged so as to have a minimal impact on adjacent properties; and
r. In addition to the foregoing criteria, subsection [118-]104(6)(t) of the city Code shall apply to the design review board's review of any proposal to place, construct, modify or maintain a wireless communications facility or other over the air radio transmission or radio reception facility in the public rights-of-way; and
s. The structure and site complies with the sea level rise and resiliency review criteria in chapter 133, article II, as applicable.

Based upon the plans and exhibits provided herein and the conditions of the lease, staff has concluded that the aforementioned Design Review Criteria has been satisfied.

TRAFFIC STUDY
The Transportation Department is finalizing a traffic and circulation study for the North Beach Yard Project. The results and any recommendations pursuant to the study will be provided as a supplement.

PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Waivers of Development Regulations on April 17, 2018 and recommended approval.

SUMMARY
Staff believes that the extent of operational conditions contained within the executed lease, as well as the temporary nature of the proposal, are consistent with the aforementioned development regulations and requirements. Additionally, as a City owned property, the City will have ultimate control over any code transgressions or operational issues that may arise in the future.