Resolution 2019-30724 •
RESOLUTION NO. 2019-30724
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER
GRANTING A WAIVER OF CERTAIN DUNE PRESERVATION OVERLAY
REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION, PURSUANT
TO CITY CODE SECTION 142-425(D), FOR THE PROPOSED ALTOS DEL
MAR PARK PROJECT, LOCATED AT 76TH STREET AND COLLINS
AVENUE, WITHIN THE HARDING TOWNSITE/SOUTH ALTOS DEL MAR
HISTORIC DISTRICT AND WITHIN THE ALTOS DEL MAR NEIGHBORHOOD,
IN ORDER TO WAIVE PROVISIONS IN CITY CODE SECTIONS 142-774 (1),
142-774(4), 142-774(6), 142-775(B), AND 142-775(D)(2), IN ORDER TO
CONSTRUCT PLAYGROUND STRUCTURES, SAFETY SURFACING, SHADE
STRUCTURES AND PERIMETER FENCING BETWEEN THE OLD CITY
BULKHEAD LINE AND THE EROSION CONTROL LINE (ECL).
WHEREAS, Altos Del Mar Park (the "Park"), located east of Collins Avenue between
76th and 77th Street, is one of the few remaining beachfront parcels within Miami Beach that is
designated as park land; and
WHEREAS, on July 23, 2014, the City Commission approved a Master Plan for the
Park, which provided for open lawn spaces, landscaping, expanded walking paths, terrace seat
walls, sand volleyball courts, a new restroom building, and an area of approximately 4,500
square feet for a future playground; and
WHEREAS, on July 12, 2016, the Historic Preservation Board ("HPB") approved a
Certificate of Appropriateness for the design of a new Park, identifying and approving the site for
this playground (the "Project"); and
WHEREAS, on October 18, 2017, pursuant to Invitation for Bids (ITB) 2017-146-ZD, the
Mayor and City Commission awarded a construction contract for the Project, which contract was
executed on January 23, 2018; and
WHEREAS, on June 29, 2016, the City's Parks and Recreation Advisory Board
unanimously recommended that the City explore and build "functional art parks" at various
locations, one which was the Altos del Mar Park;and
WHEREAS, on January 10, 2019, during a community meeting hosted by Commissioner
Arriola, four options for the proposed Altos Del Mar Park playground were presented and the
votes by the residents in attendance were split in favor of Options 1 and 4; and
WHEREAS, on January 16, 2019, the Mayor and City Commission approved option 4 for
the improvements to the Altos Del Mar Park playground, and directed staff to proceed with the
installation after identifying all required funding; and
WHEREAS, in order to construct the playground and associated amenities between
the old City bulkhead line and the erosion control line (ECL), as approved by the HPB, waivers
of City Code Sections 142-774(1), 142-774(4), 142-774(6), 142-775(b) and 142-775(d)(2), are
required; and
}
WHEREAS, City Code Section 142-774(1), states that "shade structures and
chickees shall be open on all sides, with the exception of supporting columns, and shall have
an unobstructed, clear space between the edge of the roof covering and the finish floor of not
more than eight feet"; and
WHEREAS, in order to construct the shade structure and playground components, a
waiver of this section requested as the tallest playground component, the flagpole and shade
structures, which are expected to exceed eight feet in height; however, no component is
expected to exceed 26 feet in height as depicted in the preliminary concept for a pirate
shipwreck playground theme; and
WHEREAS, City Code Section 142-774(4) states, "Promenade linkages shall be
constructed of wood materials and shall conform to the design specifications established in the
beach-front park and promenade plan"; and •
WHEREAS, a waiver of this provision would be necessary to add the playground
shade structures, play structures, safety surfacing with concrete perimeter curbs, perimeter
fencing and benches that may be made from concrete, plastics, metals, fabrics, recycled and
other miscellaneous materials; and
WHEREAS, City Code Section 142-774(6) allows, "walkways and ramps constructed
of wood materials and which are not more than six feet in width"; and
WHEREAS, this waiver would allow the proposed rubberized poured-in-place safety
surfacing, in lieu of wood material, which would exceed six feet in width at the footprint of the
playground; and
WHEREAS, City Code Section 142-775(b), establishes size and spacing of
requirement for chickees, shade structures and outdoor cafes; specifically this provision states,
"as the dune overlay regulations are intended to provide a natural beach environment, it is
required that individual structures/decks be less than 400 square feet in floor area and that
structures be separated by a distance of ten (10) to twenty-five (25) feet and that this area be
landscape"; and
WHEREAS, a waiver of this section is requested because the individual shade
playground components may exceed 400 square feet in floor area and may not meet the ten
(10)to twenty-five (25)feet separation requirement; and
•
WHEREAS, City Code Section 142-775(d)(2), provides that minimum yards in the
Dune Preservation Overlay District shall be as follows "fifteen feet adjacent to any side property
line, municipal park, street end, or right-of-way"; and
WHEREAS, the proposed playground components, inclusive of the shade structures,
playground structures, safety surfacing, fencing, benches, all fall within fifteen feet of the 76th
Street right-of-way and, therefore, the City Administration has requested a waiver of these
sections; and
WHEREAS, Altos del Mar Park is currently zoned Government Use (GU) and open to
the general public; and
r
WHEREAS, pursuant to City Code Section 142-425(d), the City Commission may waive
by five sevenths (5/7ths) vote, following a duly 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"; and
WHEREAS, the Administration has requested that the City Commission approve this
Resolution and schedule a public hearing to consider the waiver of Sections 142-774(1), 142-
774(4), 142-774(6), 142-775(b) and 142-775(d)(2), for the proposed project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby set a public hearing to consider granting a waiver of certain Dune
Preservation Overlay regulations, by a 5/7th vote of the City Commission, pursuant to City Code
Section 142-425(d), for the proposed Altos Del Mar Park Project, located at 76th Street and
Collins Avenue, within the Harding Townsite/South Altos Del Mar Historic District and within the
Altos Del Mar Neighborhood, in order to waive provisions in City Code Sections 142-774 (1),
142-774(4), 142-774(6), 142-775(b), and 142-775(d)(2), in order to construct playground
structures, safety surfacing, shade structures, and perimeter fencing between the old city
bulkhead line and the erosion control line (ECL).
PASSED and ADOPTED this /3 day of V,!Gi''CA , 2019.
; =1- ,.
Dan Gelber, Mayor
ATTEST:
-38/7 ri/ci APPROVED AS TO
Raf4 I E. Granad , City Clerk FORM&LANGUAGE
&FOR EXECUTION
Ci `l°fr,_11. �h"A .._..r—
���•� 1 B qat i City Attorney Date
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f INCORP ORATED
i
Resolutions -C7 D
IAMI BEH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 13, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER GRANTING A WAIVER OF CERTAIN DUNE PRESERVATION
OVERLAY REGULATIONS, BYA 5/7TH VOTE OF THE CITY COMMISSION,
AFTERA PUBLIC HEARING, PURSUANT TO SECTION 142-425(D), OF THE
CITY'S LAND DEVELOPMENT REGULATIONS (LDR), FOR THE ALTOS
DEL MAR PARK PROJECT, LOCATED AT 76TH STREET AND COLLINS
AVENUE, WITHIN THE HARDING TOWNSITE/SOUTH ALTOS DEL MAR
HISTORIC DISTRICT AND WITHIN THE ALTOS DEL MAR
NEIGHBORHOOD, IN ORDER TO WAIVE LDR SECTIONS 142-774 (1), 142-
774(4), 142-774(6), 142-775(B), AND 142-775(D)(2), IN ORDER TO
CONSTRUCT PLAYGROUND STRUCTURES, SAFETY SURFACING,
SHADE STRUCTURES AND PERIMETER FENCING BETWEEN THE OLD
CITY BULKHEAD LINE AND THE EROSION CONTROL LINE (ECL).
RECOMMENDATION
The Administration recommends the City Commission approve the Resolution.
ANALYSIS
Altos Del Mar Park is located east of Collins Avenue between 76th and 77th Street and is one
of the few remaining beach front parcels within Miami Beach that is designated park land. On
July 23, 2014, the City Commission approved the Master Plan for the park which included open
lawn spaces, landscaping, expanded walking paths, terrace seat walls, sand volleyball courts a
new restroom building and an area of approximately 4,500 square feet for a future playground.
On July 12, 2016, the Historic Preservation Board (HPB) reviewed and approved the
Application for Certificate of Appropriateness for the design of a new park, including the
landscape, walkways, terrace seat walls, the future playground location and the construction of a
new one-story restroom facility.
On October 18, 2017, Pursuant to Invitation for Bids (ITB) 2017-146-ZD, the Mayor and City
Commission awarded a construction contract for the project which was executed on January 23,
2018. The Project is currently seventy percent complete.
Page 539 of 1418
On June 29, 2016, the City's Parks and Recreation Advisory Board unanimously recommended
that the city explore and build "functional art parks" at various locations, one of them being the
Altos del Mar Park.
On January 10, 2019, during a Town Center meeting, four options for the playground were
presented and voted on by those in attendance. The votes were split in favor of Options 1 and
4.
On January 16, 2019, the Mayor and City Commission approved option 4 (Attachment A) as the
playground for the Altos Del Mar Park and instructed staff to proceed with the installation after
finding the deficit funding.
In order to construct the playground, and associated amenities between the old city bulkhead
line and the erosion control line (ECL), as approved by HPB (Attachment B), it will be necessary
to obtain a waiver of Sections 142-774(1), 142-774(4), 142-774(6), 142-775(b) and 142-775(d)
(2), of the City of Miami Beach Land Development Regulations (LDR).
Playground Components & Shade Structures, Safety Surfacing, Fencing, Furniture
and Fixtures
Section 142-774(1), of the LDR states, that"Shade structures and chickees shall be open on all
sides, with the exception of supporting columns, and shall have an unobstructed, clear space
between the edge of the roof covering and the finish floor of not more than eight feet". In order
to construct the shade structure and playground components, a waiver of this section of the
LDR is being requested as the tallest playground component, the flagpole and shade structures
are expected to exceed eight feet in height. However, no component is expected to exceed 26'
as depicted in the preliminary concept for a pirate shipwreck playground theme.
Section 142-774(4), of the LDR states, "Promenade linkages shall be constructed of wood
materials and shall conform to the design specifications established in the beach-front park and
promenade plan. This waiver seeks to add the playground shade structures, play structures,
safety surfacing with concrete perimeter curbs, perimeter fencing and benches that may be
made from concrete, plastics, metals, fabrics, recycled and other miscellaneous materials.
Playground Components
Section 142-774(6) of the LDR allows, "Walkways and ramps constructed of wood materials
and which are not more than six feet in width." This waiver request also seeks to waive this
requirement, allowing the rubberized poured in place safety surfacing, in lieu of wood material,
and exceeding six feet in width at the footprint of the playground.
Playground Components &Shade Structures
Section 142-775(b), of the LDR describes what is permitted as it relates to the size and spacing
of chickees, shade structures and outdoor cafes. Specifically it states, "As the dune overlay
regulations are intended to provide a natural beach environment, it is required that individual
structures/decks be less than 400 square feet in floor area and that structures be separated by a
distance of ten (10) to twenty-five (25) feet and that this area be landscape." In order to
construct the playground and shade structures a waiver of this section of the LDR is being
Page 540 of 1418
requested as the individual shade playground components may exceed 400 square feet in floor
area and may not meet the ten (10)to twenty-five (25)feet separation requirement.
Playground Components & Shade Structures, Safety Surfacing, Fencing
Section 142-775(d) (2), of the LDR states, Minimum Yards in the dune preservation district shall
be as follows "Fifteen feet adjacent to any side property line, municipal park, street end, or right-
of-way". The proposed playground components, inclusive of the shade structures, playground
structures, safety surfacing, fencing, benches, etc. all fall within fifteen feet to the right-of way of
76th Street and therefore a waiver of this section of the LDR is being requested.
Altos del Mar Park is currently zoned Government Use (GU), open to the general public and, as
per Section 142-425(d) of the City Code, the City Commission may waive by five sevenths
(5/7ths)vote, following a duly 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." The Administration is requesting that the City
Commission exercise Code Section 142-425(d) in order to grant a waiver of Sections 142-
774(1), 142-774(4), 142-774(6), 142-775(b) and 142-775(d)(2), of the City of Miami Beach
Land Development Regulations (LDR).
CONCLUSION
The Administration recommends the City Commission approve the resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Attachment A- Playground Design
o Attachment B - Park Site Plan
Page 541 of 1418
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