Resolution 2018-30350 RESOLUTION NO. 2018-30350
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND
AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A
DULY NOTICED PUBLIC HEARING, THE GRANTING OF THE
WAIVER OF CERTAIN DUNE PRESERVATION OVERLAY
REGULATIONS, BY A 517TH VOTE OF THE CITY COMMISSION,
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,
142-774(4) AND SECTION 142-774(6), IN ORDER TO CONSTRUCT
THREE (3) CONCRETE BEACHWALK LINKAGES AND A BEACH
SHOWER BETWEEN THE OLD CITY BULKHEAD LINE AND THE
EROSION CONTROL LINE (ECL).
WHEREAS, 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; and
WHEREAS, on July 12, 2016, the Historic Preservation Board (HPB) approved
the City's application for a Certificate of Appropriateness for the design of a new park
design for Altos Del Mar, including the landscape design and the construction of a new
1-story restroom facility; and
WHEREAS, on October 18, 2017, pursuant to the City's Invitation for Bids (ITB)
No.: 2017-146-ZD, the Mayor and City Commission awarded the contract responsive to
the ITB to West Construction, Inc. (Contractor), for the construction of the Altos Del Mar
Park Project; and
WHEREAS, the contract was executed on January 23, 2018, and on April 12,
2018, the Office of Capital Improvement Projects issued the Notice to Proceed to the
Contractor for the construction of the Altos Del Mar park project; and
WHEREAS, in order to construct in compliance with the Historic Preservation
Board approval, and to be consistent with the land development regulations, the City
Administration is seeking waiver of the City's Land Development Regulations (LDR);
and
WHEREAS, the City is seeking to waive LDR Sections 142-774, 142-774(4), and
142-774(6), in order to install three (3) concrete pathways ranging in width from six to
twelve feet (6'-12'), and to install a beach shower between the old city bulkhead and the
erosion control line (ECL); and
WHEREAS, the development regulations are designed to accommodate and
promote recreational, open space and related uses and structures that are compatible
and supportive of the beachfront park system and natural environment and structures
permitted under this division shall be designed to accommodate and channel
pedestrian movement in such a manner as to protect and enhance vegetation and the
beach; and
WHEREAS, LDR Section 142-774(4), states, "promenade linkages shall be
constructed of wood materials and shall conform to the design specifications
established in the beachfront park and promenade plan and sites having less than 300
linear feet of oceanfront frontage shall be limited to one dune crossing and/or
promenade linkage"; and
WHEREAS, sites having more than 300 linear feet of oceanfront frontage shall
be permitted one crossing or linkage per each additional 100 linear feet of frontage or
part thereof and in no instance, shall the total aggregate number of crossings and
linkages exceed four per site"; and
WHEREAS, this request seeks to waive the beachwalk link limitation of a
maximum of two (2) crossings, and allow the project to construct a total of three (3) links
(crossings); and
WHEREAS, LDR Section 142-774(6), allows, "[wjalkways and ramps
constructed of wood materials and which are not more than six (6) feet in width"; and
WHEREAS, this waiver request also seeks to waive this requirement by
allowing concrete walkways, abutting the existing concrete beachwalk, in lieu of wood
material, and allowing up to twelve (12) feet in width; and
WHEREAS, LDR Section 142-774, states that "no land or structure shall be
used, in whole or in part, except for one of the following permitted uses; and
WHEREAS, the proposed beach shower is not one of the permitted uses
identified in the Dune Preservation Overlay; and
WHEREAS, this request also seeks to waive the permitted uses to allow for the
installation of the proposed beach shower; and
WHEREAS, these waiver requests were presented to the City's Planning
Department and it was determined that the waivers are minor, did not warrant a specific
planning analysis and are consistent with the intent of the code; and
WHEREAS, on May 16, 2018, the City Commission approved scheduling a
Public Hearing for June 6, 2018, to consider the waiver of Development Regulations
pursuant to Section 142-425 (d) of the Land Development Regulations, after a dully
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 shall also 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 the
Altos del Mar Park 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 , approve, on second and final reading of this resolution and following a
duly noticed public hearing, the granting of the waiver of certain Dune Preservation
Overlay Regulations, by a 5/7th vote of the City Commission, after a 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, 142-774(4) and Section 142-
774(6), in order to construct three (3) concrete beachwalk linkages and a beach shower
between the old city bulkhead line and the Erosion Control Line
(ECL).
PASSED and ADOPTED this o day of ✓Gine. , 2018.
ATTEST: vor
Dan Gelber, Mayor
J J v,^ti -p,l0 1s"
Rafe>S l E. Grnado, City Clerk
APPROVED AS TO
\ B£ `t FORM&LANGUAGE
&FOR EXECUTION
1 jkSi4 3_/i8
ay Attorney Dc
o
9y?c. -i )
Resolutions - R7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 6, 2018
2:00 p.m. Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON SECOND AND FINAL READING OF
THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING,
THE GRANTING OF THE WAIVER OF CERTAIN DUNE PRESERVATION
OVERLAY 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 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, 142-774(4) AND SECTION 142-774(6), IN ORDER TO CONSTRUCT THREE
(3) CONCRETE BEACHWALK LINKAGES AND A BEACH SHOWER 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. The Historic
Preservation Board (HPB) reviewed the Application for Certificate of Appropriateness for the design
of a new park, including landscape and the construction of a new 1-story restroom facility and
approved it on July 12, 2016. Subsequently, the Design team moved forward with completing the
construction documents and obtained permits through various local and State Agencies.
On October 18, 2017, Pursuant to Invitation for Bids (ITB) 2017-146-ZD, the Mayor and City
Commission awarded a contract to West Construction, Inc., for the construction of the Altos Del Mar
Park Project. The contract was executed on January 23, 2018 and the Office of Capital Improvement
Projects issued the Notice to Proceed for the construction of the Project on April 12, 2018.
Construction of the project is currently underway.
In order to construct three (3) concrete pathways ranging in width from six to twelve feet (6'-12'), and
a beach shower between the old city bulkhead and the erosion control line (ECL), as approved by
HPB (Attachment A), it will be necessary to obtain a waiver of Section 142-774, 142-774(4), and 142-
774(6), of the City of Miami Beach Land Development Regulations. The development regulations are
designed to accommodate and pronate recreational, open space and related uses and structures
that are compatible and supportive of the beachfront park system and natural environment. In
Page 844 of 1103
addition, structures permitted under this division shall be designed to accommodate and channel
pedestrian movement in such a manner as to protect and enhance vegetation and the beach.
Section 142-774(4), states, "Promenade linkages shall be constructed of wood materials and shall
conform to the design specifications established in the beachfront park and promenade plan. Sites
having less than 300 linear feet of oceanfront frontage shall be limited to one dune crossing and/or
promenade linkage. Sites having more than 300 linear feet of oceanfront frontage shall be permitted
one crossing or linkage per each additional 100 linear feet of frontage or part thereof. In no instance,
however, shall the total aggregate number of crossings and linkages exceed four per site." This
request seeks to waive the beachwalk link limitation of a maximum of two (2), and allow the project to
construct a total of three (3)links, as presented and approved to the HPB.
Section 142-774(6), 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 by allowing
concrete walkways, abutting the existing concrete beachwalk, in lieu of wood material, and allowing
up to twelve (12)feet in width.
Finally, Section 142-774, states that"no land or structure shall be used, in whole or in part, except for
one of the following permitted uses." The proposed beach shower is not one of the permitted uses
identified in the Dune Preservation Overlay. This request also seeks to waive the permitted uses to
allow for the installation of the proposed beach shower.
These waiver requests were presented to the City's Planning Department. It was determined that the
waivers are minor, did not warrant a specific planning analysis and are consistent with the intent of
the code.
On May 16, 2018, the City Commission approved scheduling a Public Hearing to consider the waiver
of Development Regulations pursuant to Section 142-425 (d) of the Land Development Regulations,
after a dully 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 the Altos del Mar Park Project. The public hearing is
scheduled for June 6, 2018.
CONCLUSION
The Administration recommends the City Commission approve the resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
❑ Attachment A- Site Plan
D Resolution
Page 845 of 1103
Q
Q
I
Q
C
®
SP !b ! 1 u1u ! -
1PSI
11411 lll 11 1151.1111M110•1111111uj11.1lrIlLaY1 p
44
� we .x«. !i ma01 11I ' •!lr 1
I r ;II
1
II —
j
11 m I - - °i sl}
ry
, o ' III 03
rr III 1 eI I in r
I iii V { It � ,.
I-
-
I�i •` P P
- -
i
��
I
II . •
. _
S
I U
„ „ „o_, e Q
W
COI °
3
F=£
Q ,
5
Page 846 of 1103 CC
G