Resolution 2020-31323 RESOLUTION NO. 2020-31323
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER
GRANTING WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS, BY A
5/7THS VOTE OF THE CITY COMMISSION, PURSUANT TO CITY CODE
SECTION 142-425(D), FOR BAYSHORE PARK; IN ORDER TO WAIVE
REQUIREMENTS IN CITY CODE SECTIONS 138-4(3) AND 138-19
APPLICABLE TO SIGN SIZE, DESIGN, AND LOCATION, IN ORDER TO
INSTALL THE PROPOSED BANYAN TREE-INSPIRED MONUMENT SIGNS AT
THE FOUR KEY ENTRANCES TO THE PARK.
WHEREAS, on December 9, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29234, authorizing the Administration to enter into negotiations and, if successful,
execute a Professional Services Agreement with the firm of Savino Miller Design Studio, P.A.
(Consultant), to provide professional services for the planning, design, bid, award, and
construction administration of the new Bayshore Park, at 2795 Prairie Avenue(former Par 3); and
WHEREAS, the approximately 20-acre Bayshore Park is bordered by 28'h Street to the
North, Prairie Avenue to the West, and Pine Tree Drive to the East; and
WHEREAS, the scope of the proposed improvements to Bayshore Park includes a central
lake, open meadows and informal open play field areas, site grading, pavilion, six(6)tennis courts
with restroom facilities, children's playground, dog park, boardwalk and pathways, security
lighting, vita course and fitness cluster, butterfly garden, linear water feature, and parking lot; and
WHEREAS, landmark specimen trees and pastoral spaces will be preserved in the
passive park; and
WHEREAS, on June 24, 2020, the Mayor and City Commission approved additional
services associated with the proposed Bayshore Park improvements, including the design of park
identification signage; accordingly, the Consultant has prepared designs for four (4) monument
signs for the new Bayshore Park; and
WHEREAS, the monument signs will be placed at four(4) different access locations within
the park, as depicted on Exhibit A; and
WHEREAS, the design concept for the monument signs, as depicted in Exhibit B, is
inspired by the existing park site's banyan trees, and is in scale with the proposed park
characteristics and the surrounding neighborhood; and
WHEREAS, the park's entrance monument signs are proposed to be fabricated with a
laser cut aluminum metal installed over a concrete base; and
WHEREAS, additionally, illumination will be installed in the back of the sign to create a
dramatic silhouette, and avoid light trespass towards the residential neighborhood; and
WHEREAS, the Bayshore Park property is zoned as Government Use (GU), and
predominantly surrounded by single-family residential (RS) zoning; and
Page 295 of 2461
WHEREAS, City Code Section 142-425 provides that the "development regulations
(setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the
average of the requirements contained in the surrounding zoning districts"; and
WHEREAS, the City's RS zoning district regulations are restrictive as to commercial
signage or other identifying markers; and
WHEREAS, the three signs proposed to be installed along the rights-of-way that abut
the RS district to the north and west are not permitted as "monument signs"; and
WHEREAS, City Code Section 138-4 allows for certain signs to be exempt from sign
permit requirements, regardless of the zoning district, such as traffic signs, historical markers,
and signs directing and guiding pedestrians; and
WHEREAS, traffic and parking signs are permitted on private property up to two (2)
square feet; and
WHEREAS, the park's entrance monument signs have a unique branded design, and
are relatively large in scale; and
WHEREAS, absent a waiver of development regulations, each of these three signs
would require a variance from the sign regulations in the Land Development Regulations; and
WHEREAS, Bayshore Park is currently zoned Government Use (GU), and open to the
general public; therefore, pursuant to City Code Section 142-425(d), the City Commission may
waive by five sevenths vote (5/7ths), 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, in order to install these decorative park monument signs, waivers from the
following Development Regulations are required; and
WHEREAS, City Code Section 138-4(3) exempts from sign permit requirements "[s]igns
directing and guiding pedestrians and traffic and parking on private property but bearing no
advertising matter and not exceeding two square feet in area"; and
WHEREAS, the proposed size of the signs requires a waiver from City Code Section 138-
4(3), as follows:
a. Park entrance monument Sign 1, Type A, at a height of 5'-6", with an area of 88 SF,
to be installed inside the park property, at a 0' setback along Prairie Avenue (RS-4).
City Code Section 138-4(3) permits a sign area of 2 SF. (A waiver to exceed the
maximum sign area by 86 SF is needed.)
b. Park entrance monument Sign 2, Type B, at a height of 9'-6", with an area of 23.75 SF
to be installed inside the park property, at a 0' setback along Prairie Avenue (RS-4).
Page 296 of 2461
City Code Section 138-4(3) permits a sign area of 2 SF (A waiver to exceed the sign
area by 21.75 SF is needed.)
c. Park entrance monument Sign 3, Type B, ata height of 9'-6", with an area of 23.75 SF
to be installed inside the park property, at a 0' set back along 28th Street (RS-4). City
Code Section 138-4(3) permits a sign area of 2 SF. (A waiver to exceed the sign area
by 21.75 SF is needed); and
WHEREAS, the sign along Pine Tree Drive, designed in scale with the others, can be
analyzed under the sign regulations as a "monument sign," which is permitted within the RM-1
zoning district subject to setback and size restrictions; and
WHEREAS, therefore, the proposed design and location would require a waiver from the
regulations in City Code Section 138-19 that regulate detached signage throughout the City; and
WHEREAS, as listed below, the requested waiver would allow construction of park
entrance signage in the remaining fourth (4th) key access area to the Park; and
WHEREAS, City Code Section 138-19, entitled "Detached Signs," provides that detached
signs are signs not attached to or painted on a building, but which are affixed to the ground. These
signs are not permitted within the Residential (RS) zoning district; and
a. Detached Park entrance monument Sign 4, Type B, at a height of 9'-6", with an area
of 23.75 SF to be installed, at a setback of 10'-3", inside the park property, along Pine
Tree Drive (RM-1). City Code Section 138-19 permits a sign area of 15 SF. (A waiver
to exceed the sign area by 8.75' SF is needed.)
WHEREAS, the Administration recommends that the City Commission approve the Resolution.
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 waivers of certain development
regulations, by a 5/7ths vote of the City Commission, pursuant to City Code Section 142-425(d),
for Mayshore Park, in order to waive requirements in City Code Sections: 138-4(3) and 138-19
applicable to sign size, design, and location, in order to install the proposed banyan tree-inspired
monument signs at the four key entrances to the park.
PASSED and ADOPTED this 029 day of `Ju/ , 2020.
ATTEST: 12-21----4,--
Dan Gelber, Mayor
,-/
7j Zeta
Rafael E. Granado, City Clerk APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
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1:INCORP RMED;,O. 16 City Attorney LA___ Date
,,,0J4 20
Page 297 of 2461
Resolutions - C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER GRANTING WAIVERS OF CERTAIN DEVELOPMENT
REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION,
PURSUANT TO CITY CODE SECTION 142-425(D), FOR BAYSHORE PARK;
IN ORDER TO WAIVE REQUIREMENTS IN CITY CODE SECTIONS 138-
4(3) AND 138-19 APPLICABLE TO SIGN SIZE, DESIGN, AND LOCATION,
IN ORDER TO INSTALL THE PROPOSED BANYAN TREE-INSPIRED
MONUMENT SIGNS AT THE FOUR KEY ENTRANCES TO THE PARK.
BACKGROUND/HISTORY
On December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29234,
authorizing the administration to enter into negotiations and further authorizing the Mayor and City
Clerk to execute a Professional Services Agreement with the firm of Savino Miller Design
Studio, P.A., (Consultant), to provide professional services for the planning, design, bid, award
and construction administration of the Bayshore Park(former Par 3).
The project scope of the park includes a central lake, open meadows and informal open play
field areas, site grading, pavilion, tennis courts (6) with restroom facilities, children's playground,
dog park, boardwalk and pathways, security lighting, vita course and fitness cluster, butterfly
garden, linear water feature and parking lot. The passive park will preserve landmark specimen
trees and pastoral spaces.
On June 24, 2020, the Mayor and City Commission approved additional services for Bayshore
Park which included the design of the park identification signage. The consultant has prepared
the design of four (4) monument signs for the new Bayshore Park located at 2795 Prairie
Avenue.
The approximately 20-acre Bayshore Park is bordered by 28th Street to the North, Prairie
Avenue to the West and Pine Tree Drive to the East. The monument signs will be placed at four
(4) different access locations within the park as depicted on Exhibit A. The design concept for
the monument signs, as depicted in Exhibit B, is inspired by the existing park site's banyan
trees, and is in scale with the proposed park characteristics and the surrounding neighborhood.
The park's entrance monument signs are to be fabricated with a laser cut aluminum metal
Page 289 of 2461
installed over a concrete base. Additionally, illumination will be placed in the back of the sign to
create a dramatic silhouette and avoid light trespass towards the residential neighborhood.
ANALYSIS
The Bayshore Park property is zoned as Government Use (GU). The park site is predominantly
surrounded by single-family residential (RS) zoning. Land Development Regulations (LDR)
Section 142-425, regulates that the GU zoned properties, utilize the average requirements
contained in the surrounding zoning districts.
The City's RS zoning district is restrictive in the allowance of commercial signage or other
identifying markers. The three signs along the rights-of-way that abut the RS district to the north
and west are not permitted as 'monument signs. However, Section 138-4, allows for certain
signs to be exempt regardless of the zoning district, such as traffic signs, historical markers and
signs directing and guiding pedestrians; and traffic and parking signs on private property.
However, the size of the sign is limited to 2 square feet (SF). The Park's entrance monument
signs are unique and large in scale. In order to achieve the size of the sign resulting from the
unique branded design, each of these three signs would require a waiver from this section of the
code, unless waived by the City Commission.
Pursuant to Section 142-425(d) of the City Land Development Regulations, the City
Commission may waive by five sevenths vote (5/7ths), 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.
In order to install these decorative park monument signs, waivers from the following
Development Regulations are needed.
1- LDR Section 138-4 (3) Signs directing and guiding pedestrians and traffic and parking on
private property but bearing no advertising matter and not exceeding two (2)square feet in area.
The proposed size of the signs requires a waiver from section 138-4(3) of the LDR's. As listed
below the requested waivers would allow construction of a large sign at three (3) of the four (4)
key entrances to the Park:
a. Park entrance monument Sign 1 Type A - the 5'-6" high sign with an area of 88 SF to be
installed inside the park property with a 0' set back along Prairie Avenue (RS-4). LDR Section
138-4(3) allows for sign area of 2 SF. Waiver to exceed the sign area by 86 SF in sign area is
needed.
b. Park entrance monument Sign 2 Type B - the 9'-6" high sign with an area of 23.75 SF to be
installed inside the park property with a 0' set back along Prairie Avenue (RS-4). LDR Section
138-4(3)allows for sign area of 2 SF. Waiver to exceed the sign area by 21.75 SF is needed.
c. Park entrance monument Sign 3 Type B, - the 9'-6" high sign with an area of 23.75 SF to be
Page 290 of 2461
installed inside the park property with a 0' set back along 28th Street (RS-4). LDR Section 138-
4(3)allows for sign area of 2 SF. Waiver to exceed the sign area by 21.75 SF. is needed.
The sign along Pine Tree Drive, designed in scale with the others, can be analyzed as a
`monument sign' which is permitted within the RM-1 zoning district subject to setback and size
restrictions. Therefore, the proposed design and location would require a waiver from Sec. 138-
19 of the LDR's that regulate detached signage throughout the city. As listed below the
requested waiver would allow construction of park entrance signage in the remaining fourth (4th)
key access area to the Park:
2. LDR Section 138-19 (Detached Signs): Detached signs are signs not attached to or painted
on a building, but which are affixed to the ground. Signs are not permitted within the Residential
(RS)zoning district.
a. Detached Park entrance monument Sign 4 Type B - the 9'-6" high sign with an area of 23.75
SF to be installed with a setback of 10'-3" inside the park property along Pine Tree Drive (RM-
1). LDR Section 138-19 allows for sign area of 15 SF. Waiver to exceed the sign area by 8.75'
SF is needed.
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
Applicable Area
Middle Beach
Is this a "Residents Right Does this item utilize G.O,
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes Yes
Strategic Connection
Neighborhoods - Evolve parks and green spaces to meet the changing needs of the community.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Attachment A- Proposed sign locations
o Attachment B - Sign design
❑ Resolution
Page 291 of 2461
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Page 293 or 2461 July 2"2020 1
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Savinemiller . - ' -- EXHIBIT B Bayshore Park Signage
July 2,2020 2
Papi 294 onal