Resolution 2020-31477 RESOLUTION NO. 2020-31477
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, AFTER PUBLIC HEARING,
PURSUANT TO SECTION 142-425(D) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS (LDR), FOR THE NORTH BEACH OCEANSIDE PARK
PROPERTY, LOCATED BETWEEN 79TH STREET AND 87TH STREET,
BOUNDED ON THE WEST BY COLLINS AVENUE AND ON THE EAST BY THE
BEACHWALK; BY WAIVING THE REQUIREMENTS SET FORTH IN CITY
CODE SECTION 138-19 FOR SIGN SIZE, NUMBER OF SIGNS AND SETBACK,
IN ORDER TO INSTALL THE PROPOSED DETACHED SIGNS AT THE
ENTRANCE LOCATIONS TO THE PARK ALONG 79TH STREET AND 87TH
TERRACE.
WHEREAS, North Beach Oceanside Park has a street address of 8101 Collins Avenue;
is located between 79 Street and 87 Street, bounded on the west by Collins Avenue and on the
east by the Beachwalk; and spans an area of 27.89 acres; and
WHEREAS, the project scope of the park includes site grading, restoration of pavilions,
restoration of existing restroom, new landscape, irrigation, children's playground, dog park,
beachwalk and pathways, security lighting, vita course and fitness cluster; and
WHEREAS, on July 27, 2020, the project's design consultant, Calvin Giordano and
Associates, submitted a revised design package for the North Beach Oceanside Park to the
Planning Department for review and approval, which plans included proposed detached signage
located at two entry plazas at Collins Avenue, along 79th Street and along 87th Terrace; and
WHEREAS, the North Beach Oceanside Park property is zoned as Government Use
(GU), and is predominantly surrounded by Residual Multifamily Low Intensity (RM1) zoning; and
WHEREAS, Land Development Regulations (LDR) Section 142-425(a), requires that the
GU zoned properties utilize the average requirements contained in the surrounding zoning
districts; and
WHEREAS, Section 138-19 of the City's Code defines "detached signs" as signs which
are not attached to, or painted on, a building, but which are affixed to the ground; and, further,
sets forth the restrictions for detached signs in the City's RM-1 zoning district; and
WHEREAS, two different detached signs are being proposed as marquees to the park;
and
WHEREAS, the detached sign proposed at the park's entrance on 79th Street (Sign A,
attached to the City Commission Memorandum), is a free-standing monument sign, unique and
large in scale, as it is the primary identifier for drivers approaching the park on the one-way,
northbound travel lanes of Collins Avenue, of the almost 28-acre park; and
WHEREAS, the detached sign proposed at the park's entrance at 87th Terrace (Sign B,
attached to the City Commission Memorandum), will be affixed to a low coral fence wall, with a
scale related to the pedestrian-scale of the entrance's design; and
WHEREAS, pursuant to Section 142-425(d) of the City Land Development Regulations
(LDR), 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, both signs can be analyzed as `detached signs" which are permitted within
the RM-1 zoning district subject to a limitation of quantity, setback and size restrictions; and
therefore, the proposed design and locations would require a waiver from Sec. 138-19 of the LDR
that regulates detached signage throughout the city; and
WHEREAS, as listed below, the requested waivers would allow construction of the park
entrance signage:
a. WAIVER REQUEST 01 (Waiver to exceed maximum allowable area- Sign A):
Description: Sign Area: 60.75 SF: Detached Sign
Limitation: LDR Section 138-19 allows for a sign area of 15 SF.
Request: A waiver is being requested to exceed the maximum sign area by
45.75 SF.
b. WAIVER REQUEST 02 (Waiver to exceed minimum setback requirement- Sign
A):
Description: Side yard facing a street setback: Detached Sign to be installed
with a setback of 0'-0" at the side yard facing 79 Street.
Limitation: LDR Section 138-19 requires a minimum 5'-0" setback at side yard
facing a street.
Request: A waiver is being requested to reduce this setback requirement by 5'-0."
c. WAIVER REQUEST 03 (Waiver to exceed maximum number of signs allowed per
frontage):
Description: Total number of detached signs proposed = 2 Signs (Signs A and
B)
• Sign A: at 79th Street plaza park entrance.
• Sign B: at 87th Street park entrance.
Limitation: LDR Section 138-19 (Detached Signs): Limits the number of signs to
one (1) wall, projecting or detached sign per frontage.
Request: A waiver is being requested to exceed the maximum number of signs per
frontage by 1 sign; and
WHEREAS, the Administration recommends that the City Commission approve the
Resolution and schedule a public hearing to consider the waiver of certain development
regulations, pursuant to City Code Section 142-425(d), for the installation of the proposed
detached signs at the two (2) entrance locations to North Beach Oceanside Park.
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 5/7th vote of the City Commission, after public hearing, pursuant to Section 142-
425(d) of the City's Land Development Regulations (LDR), for the North Beach Oceanside Park
property, located between 79th street and 87th street, bounded on the west by Collins Avenue and
on the east by the Beachwalk; by waiving the requirements set forth in City Code Section 138-19
for sign size, number of signs and setback, in order to install the proposed detached signs at the
entrance locations to the park along 79th Street and 87th Terrace.
PASSED and ADOPTED this 4 day of POVimh« , 2020.
ATTEST:
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Dan Gelber, Mayor
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Rafael E. Cranado, Clerk s� ...EqC
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 18, 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, AFTER
PUBLIC HEARING, PURSUANT TO SECTION 142-425(D), OF THE CITY'S
LAND DEVELOPMENT REGULATIONS (LDR), FOR INSTALLATION OF
DETACHED PARK SIGNS WITHIN THE NORTH BEACH OCEANSIDE
PARK PROPERTY; BY WAIVING THE REQUIREMENT OF SECTIONS: 138-
19 FOR SIGN SIZE, NUMBER OF SIGNS AND SETBACK IN ORDER TO
INSTALL THE PROPOSED SIGNS AT TWO ENTRANCE LOCATIONS TO
THE PARK.
BACKGROUND/HISTORY
North Beach Oceanside Park is located between 79 Street and 87 Street and spans an area of
27.89 acres. The project scope of the park includes site grading, restoration of pavilions,
restoration of existing restroom, new landscape, irrigation, children's playground, dog park,
beachwalk and pathways, security lighting, vita course and fitness cluster.
On July 27, 2020, the project's design consultant, Calvin Giordano and Associates, submitted a
revised design package for the North Beach Oceanside Park to the Planning Department for
review and approval. Those plans included proposed detached signage located at two entry
plazas at Collins Avenue, along 79th Street and along 87th Terrace (Exhibit A). These signs will
require a GU Waiver for the size, setback and number of signs.
ANALYSIS
The North Beach Oceanside Park property is zoned as Government Use (GU). The park site is
predominantly surrounded by Residual Multifamily Low Intensity (RM1) zoning. Land
Development Regulations (LDR) Section 142-425(a), regulates that the GU zoned properties,
utilize the average requirements contained in the surrounding zoning districts. The City's RM-1
zoning district is restrictive in the allowance of signage or other identifying markers.
Existing Regulations:
a. Section 138-19, defines "Detached Signs" as "detached signs are signs not attached to or
Page 152 of 1430
painted on a building but which are affixed to the ground. A sign attached to a surface detached
from a building, such as a fence or wall, shall be considered a detached sign. All sides of a
detached sign displaying signage will be calculated towards the max area."
b. Section 138-19 provides design standard limitations, including size and setback
requirements, per zoning district(further described below).
Two different detached signs are being proposed as marquees to the park. The detached sign
proposed at the park's entrance on 79th Street (Sign A), is a free-standing monument sign,
unique and large in scale, as it is the primary identifier for drivers approaching the park on the
one-way, northbound travel lanes of Collins Avenue, of the almost 28-acre park. The detached
sign proposed at the park's entrance at 87th Terrace (Sign B), will be affixed to a low coral fence
wall, with a scale related to the pedestrian-scale of the entrance's design. In order to achieve the
unique branded design, unless waived by the City Commission, both signs would require a
variance from this section of the code.
Pursuant to Section 142-425(d) of the City Land Development Regulations (LDR), 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.
Both signs can be analyzed as 'detached' signs which are permitted within the RM-1 zoning
district subject to a limitation of quantity, setback and size restrictions. Therefore, the proposed
design and locations would require a waiver from Sec. 138-19 of the LDR that regulates
detached signage throughout the city. As listed below the requested waivers would allow
construction of the park entrance signage:
WAIVER REQUEST 01 (Waiver to exceed maximum allowable area- Sign A):
Description: Sign Area: 60.75 SF: Detached Sign
Limitation: LDR Section 138-19 allows fora sign area of 15 SF.
Request:A waiver is being requested to exceed the maximum sign area by 45.75 SF.
WAIVER REQUEST 02 (Waiver to exceed minimum setback requirement- Sign A):
Description: Side yard facing a street setback: Detached Sign to be installed with a setback of
0,-0" at the side yard facing 79 Street.
Limitation: LDR Section 138-19 requires a minimum 5'-0" setback at side yard facing a street.
Request:A waiver is being requested to reduce this setback requirement by 5'-0."
WAIVER REQUEST 03 (Waiver to exceed maximum number of signs allowed per frontage):
Description: Total number of detached signs proposed = 2 Signs (Signs A and B)
• Sign A: at 79th Street plaza park entrance.
• Sign B: at 87th Street park entrance.
Limitation: LDR Section 138-19 (Detached Signs): Limits the number of signs to one (1) wall,
projecting or detached sign per frontage.
Page 153 of 1430
Request: A waiver is being requested to exceed the maximum number of signs per frontage by
1 sign.
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
Applicable Area
North 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 No
Strategic Connection
Neighborhoods - Enhance the beautification, physical appearance and cleanliness of
neighborhoods.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
Exhibit A- Sign Plans
Page 154 of 1430
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