R7B - Following a Duly Noticed Public Hearing,

Resolutions - R7 B

R7 B 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 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 100 LINCOLN ROAD, LLC, (THE "APPLICANT"), LOCATED AT 100 LINCOLN ROAD, UNITS CU-1, 2, 39 AND 40 (THE "PROPERTY"), MIAMI BEACH, FOR THE INSTALLATION OF AN EYEBROW-LIKE PROJECTION, ENCROACHING INTO THE CITY'S RIGHT-OF- WAY, APPROXIMATELY FIVE (5) FEET-WIDE, AND ONE HUNDRED FIFTY-FIVE (155) FEET LONG ALONG LINCOLN ROAD, CONTAINING 775 SQUARE FEET; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVOCABLE PERMIT. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

The Administration recommends approving the Resolution.

BACKGROUND/HISTORY

100 Lincoln Road, LLC is the Applicant of the property located at 100 Lincoln Road, Miami Beach (the “Property”). The Applicant is applying for a revocable permit to install an eyebrow-like projection, encroaching into the City’s right-of-way, approximately five (5) feet wide, and one hundred fifty-five (155) feet long along Lincoln Road, containing 775 square feet (Attachment A).

The eyebrow will also encroach along Collins Avenue, which falls under the Florida Department of Transportation (FDOT) right-of-way (ROW) jurisdiction. The City will only be permitting a revocable permit for the eyebrow portion in City ROW, as highlighted in the Sketch and Legal description (Attachment B). The City will not be permitting the architectural vertical screening extending into the right-of-way nor will it permit the knee walls in some areas extending from the storefront into the right-of-way.

The Property is located on the ground level at the northwest corner of The Decoplage Condominium (the “Decoplage”), fronting both Lincoln Road and Collins Avenue, further identified by Miami-Dade County Folio Nos. 02-3234-080-6260, 02-3234-080-6270, 02-3234- 080-6640, and 02-3234-080-6650. The Property is located within the Ocean Drive/Collins Avenue historic district, and The Decoplage is listed as non-contributing. Previously, this commercial space was occupied by a Walgreens drugstore. However, the space has been vacant since 2016.

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:

1. The Applicant’s need is substantial. The Applicant respectfully requests the revocable permit to provide an encroachment of a five (5) foot canopy as required by the Historic Preservation Board (HPB) to replace the existing eight (8) foot eyebrow at the Property, which will allow sidewalk shade for pedestrians while ensuring the canopy does not block business signage, critical for the success of the business. The proposed façade’s right-of-way encroachments allow for the adaptive reuse of the Property’s primary frontage. The Property is also located in an area where vehicular traffic is prominent. Therefore, visible signage is critical. All signage will comply with all City regulations and provide the necessary visibility to make this a successful site and business.

2. The Applicant holds title to the abutting property. The Applicant holds title to the Property abutting the public right-of-way into which the canopy will project.

3. That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws The proposed encroachment will comply with applicable codes, ordinances, regulations, neighborhood plans, and laws, as evidenced by the HPB and the condition of approval. The Applicant requests a revocable permit to ensure that these façade encroachments comply with the applicable regulations.

4. That the grant of such permit will have no adverse effect on governmental/utility easements and uses on the city property. The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The encroachments will be installed at an appropriate height, permitting free pedestrian passage below and adjacent to the encroachments and do not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the property.

5. That the grant of the revocable permit will enhance the neighborhood and/or community with such amenities as, for example, but without limiting the foregoing, enhanced landscaping, improved drainage, improved lighting, improved security, and/or public benefits proffered by the Applicant. The proposed encroachment will allow for the use of the Property as approved by the HPB. Additionally, the Applicant is providing public benefits through the use of protection from the elements, including sun and rain, to complement the structure that is compatible with pedestrianism and an urban environment. The approved development will make better use of the Property and improve the pedestrian experience of the neighborhood.

6. 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 owner within the City of Miami Beach 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.

7. 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 adaptively reuse a long dormant, vacant space with a vibrant and favorable new use that activates this prominent corner in the City, allowing for an improved design upon the Property, while providing protection to patrons of the building.

Public Works has reviewed the request and in favor of granting the revocable permit.

FISCAL IMPACT STATEMENT

No fiscal impact.

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

CONCLUSION The Administration recommends approving the Resolution.

Applicable Area

South Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? Yes

If so, specify the name of lobbyist(s) and principal(s): Fernandez Matthew Amster & Bercow Radell

Department

Public Works

Sponsor(s)

Co-sponsor(s)

Condensed Title

2:10 p.m. PH, Grant Revocable Permit Request by 100 Lincoln Road. PW