Resolution 2020-31526 RESOLUTION NO. 2020-31526
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A DULY NOTICED
PUBLIC HEARING, THE WAIVER OF CERTAIN DEVELOPMENT
REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION, PURSUANT
TO SECTION 142-425(D) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS (LDRs), 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 MINIMUM
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;
and is located between 79th Street and 87th 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, on December 17, 2014, the Mayor and City Commission adopted Resolution
No. 2014-28878, approving the North Shore Open Space Park Master Plan (the "Project"); and
WHEREAS, the scope of the Project includes site grading, restoration of pavilions,
restoration of existing restrooms, new landscaping, irrigation, and construction of a children's
playground, dog park, beachwalk and pathways, security lighting, vita course and fitness cluster;
and
WHEREAS, on July 27, 2020, the design consultant for the Project, Calvin Giordano and
Associates, submitted a revised design package to the Planning Department for review and
approval; and
WHEREAS, the revised plans included proposed detached signage located at two entry
plazas at Collins Avenue, along 79th Street and along 87th Terrace (Exhibit A); and
WHEREAS, these proposed signs would require a waiver of the Land Development
Regulations applicable to sign size, number of signs, and required setbacks; and
WHEREAS, the North Beach Oceanside Park property is zoned as Government Use (GU)
and the property is surrounded primarily by a Residential Multifamily Low Intensity (RM1) district;
and
WHEREAS, City Code Section 142-425(a) provides that the development requirements
for a parcel with a GU zoning designation, shall be determined by the average of the requirements
contained in the surrounding zoning districts; and
WHEREAS, 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, the applicable requirements in the Land Development Regulations are as
follows:
a. Section 138-19 defines "Detached Signs" as "detached signs are signs not attached
to or 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 establishes design standard limitations, including size and setback
requirements, per zoning district; and
WHEREAS, two different detached signs are being proposed as marquees for the park;
and
WHEREAS, 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
approximately 28-acre park; and 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; 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 of the requirements in
Section 138-19; and
WHEREAS, 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 for a 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.
Request: A waiver is being requested to exceed the maximum number of signs per frontage by 1
sign; and
WHEREAS, on November 18, 2020, the City Commission adopted Resolution No. 2020-
31477, setting a public hearing to consider the waivers described herein; and
WHEREAS, a public hearing was held on December 9, 2020; and
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 approve, following a duly noticed public hearing, the waiver of certain development
regulations, by a 5/7'h vote of the City Commission, pursuant to Section 142-425(d) of the City's
Land Development Regulations (LDRs), 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; and waive the requirements set forth in City Code Section 138-19 for sign size,
number of signs, and minimum 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 7 day of vPCem et- , 2020.
Ad. /
dibh
r�P: ••D. • •er, Mayor
ATTEST: / '' •
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to I 1 . • �A '•'.�c
Rafael E. Granado, .,ity Cler '4,,9.4G;••••-•�•• •��o—
$4,1% ,�H 26‘.rr� APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
City At rniw
Iv�
Resolutions - R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
2:05 p.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A DULY
NOTICED PUBLIC HEARING, THE GRANTING OF WAIVERS OF CERTAIN
DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF THE CITY
COMMISSION, 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 thf 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 1432 of 1707
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 (5l7ths), 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 for a 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 1433 of 1707
Request: A waiver is being requested to exceed the maximum number of signs per frontage by
1 sign.
On November 18, 2020, the City Commission approved scheduling a Public Hearing to
consider the waiver of Development Regulations to Section 142-425 (d) of the Land
Development Regulations, after duly noticed public hearing, advertised in the newspaper at
least fifteen (15) days prior to the hearing, a description of the request and the time and place of
such hearing shall be posted on the property, and notice be given by mail to the owners of land
lying within 375 feet of the property at least fifteen (15) days prior to the hearing. For installation
of detached park signs within the North Beach Oceanside park property; by waiving the
requirement of sections: 138-4(3) and 138-19 for sign size, number of signs and location in
order to install the proposed detached park signs at two (2) key entrance locations to the park.
The Public Hearing is scheduled for December 9, 2020.
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
D Exhibit A- Sign Plans
Page 1434 of 1707
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