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2015-28968 Reso RESOLUTION NO. 2015-28968 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 142-452(d) OF THE CITY CODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT PERTAINING TO SECTION 138-73, ENTITLED "GENERAL ADVERTISING SIGNS," IN ORDER TO AUTHORIZE THE INSTALLATION OF A GENERAL ADVERTISING SIGN FOR A NEW PLAYGROUND AT CRESPI PARK LOCATED AT 7801 CRESPI BOULEVARD, MIAMI BEACH, FLORIDA. WHEREAS, On December 17, 2014, the City Commission adopted Resolution # 2014- 28872, authorizing the acceptance of a sponsorship donation from KaBOOM!, Inc. for the Community Built Playground project to build a new playground at Crespi Park with the active support and involvement of the community; and WHEREAS, to achieve this purpose, the City of Miami Beach and the Irie Foundation, acting as community partners ("Community Partners"), entered into a Community Partners Playground Contract with KaBOOM!, Inc., a nonprofit organization that organizes public projects, to design, plan and build a playground at Crespi Park with grant funds provided by JetBlue Airways Corporation ("JetBlue") as the funding partner under the grant; and WHEREAS, pursuant to Section 1.(f) entitled "Signage of the Community Partner Playground Contract, "The City shall allow the names and logos of KaBOOM!, Inc., the Irie Foundation, and JetBlue, to be displayed on permanent playground signage, which shall be substantially in the form attached hereto as Exhibit A, and shall be 12 '/4 inches wide by 30 1/4 inches tall and mounted on poles in a mutually agreed location;" and WHEREAS, Section 138-73, of the City Code, entitled, "General advertising signs", states, "No general advertising sign shall be constructed, erected, used, operated or maintained in the City;" and WHEREAS, Section 142-425(d) of the City of Miami Beach Land Development Regulations (LDR), provides that following review by the Planning Board, and a public hearing before the City Commission, for a waiver, by 5/7th vote of the City Commission, of the City's development regulations on governmentally owned or leased buildings at GU zoned properties, provided the proposed user is a not-for-profit, educational or cultural organizations, and provided the GU sites are continually used for such non-profit, educational or cultural purposes; and WHEREAS, a waiver is necessary in order to fulfill this element of the contract, as the purpose of the sign is not to provide advertisement but to acknowledge the valuable contribution done by KaBOOM!, Inc., JetBlue and the Irie Foundation by providing a free playground to a community that is greatly in need of a playground renovation; and WHEREAS, on February 11, 2015, the City Commission referred the proposed waiver to the Planning Board; and WHEREAS, on February 24, 2015, the Planning Board transmitted the proposed Waiver of Development Regulations to the City Commission with a favorable recommendation; and WHEREAS, the City Commission determines it is appropriate to waive the development regulations by a 517th vote to allow for the installation of a general advertising sign for a new playground at Crespi Park. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 142-452(d) of the City Code, waiving by 5/7th vote of the City Commission, after public hearing, the development regulations in a GU (Government Use) District pertaining to Section 138-73, entitled "General advertising signs," in order to authorize the installation of a general advertising sign for a new playground at Crespi Park located at 7801 Crespi Boulevard, Miami Beach, Florida. PASSED AND ADOPTED this 2.5 day of dR _201 . Air - ATTEST: r-J( yak Rafael Granado, City Clerk Philip Le r \ Bic is • T:\AGENDA\2015\March\Crespi Park\Waiver of Dev Res for Cre -ark °ES.docx % ': )1/(>. * INCORP ORATE D.1 • ,Illy/4. �� .....••�• '4 FOR 0:mr.�"I' UAGE &FOR EXECUTION • 3 15 • City Attorney Date Commission Memorandum GU Waiver—Crespi Park March 18, 2015 Page 3 of 3 PL°yNvoRLD Project Number.1501018 *,....awe....w.w.y Project Name:JetBlue, e Foundation,City of Miami Beach Part Number:ZZXX0157 hi Attn:Eilah@KSBOOM! Sign Number CRS5886 Email:VickiH©PlayworldSystes.com Revision:A m Date:1.27.15 Post Color Plum Welcome f to our y Playspace! jetBLue MIAMIBEACH F O U N D A T I O N This kid-inspired playspace was made possible through the funding and volunteer power of JetBlue, Irie Foundation,the City of Miami Beach, KaBOOM!,and this community. _ 0 I approve the above image: Signature Please Print pate MIAMI HERALD I MiamiHerald.com NE THURSDAY,FEBRUARY 26,2015 I 7NE ® Adelaks. AMON. V ®� 1v15• S • CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be.held.by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers,3rd Floor,City Hall, 1700 Convention Center Drive,:Miami Beach, Florida,on Wednesday,March 18,2015 at 5:05 p.m.,or as soon thereafter as the matter can be heard,to consider: A Resolution PursuantTo Section 142-452(d)OfThe City.Code,Waiving By 517thVote OfThe City Commission After Public Hearing,The Development Regulations In A GU (Government Use) District Pertaining To Section 138-73, Entitled"General Advertising Signs,' In Order To Authorize The Installation Of A General Advertising Sign For A New Playground At Crespi Park Located At 7801 Crespi Boulevard,Miami Beach,Florida.Inquiries may be directed to the Parks and Recreation Department at 305.673.7730. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City.Clerk, 1700 Convention Center Drive, 1 Floor, City Hall,Miami Beach,Florida 33139.This item is available for public inspection during normal business hours in the City Clerk's Off ice,1700 Convention Center Drive,_1 ;Floor;City Hall,Miami Beach,Florida 33139.This meeting, or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the'public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize:challenges or appeals not otherwise allowed by law. To request this material in alternate format,sign language interpreter(five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay Service). Rafael E.Granado,City Clerk City of Miami Beach