Resolution 2020-31417RESOLUTION NO. 2020-31417
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING,
FOLLOWING A DUL Y NOTICED PUBLIC HEARING, THE
GRANTING OF WAIVERS OF CERTAIN DEVELOPMENT
REGULATIONS, BY A 517TH VOTE OF THE CITY COMMISSION,
PURSUANT TO SECTION 142-425(D), OF THE CITY'S LAND
DEVELOPMENT REGULATIONS (LDR), FOR INSTALLATION OF
PARK MONUMENT SIGNS WITHIN THE BAYSHORE PARK
PROPERTY; IN ORDER TO WAIVE THE REQUIREMENT OF
SECTIONS: 138-4(3) AND 138-19 FOR SIGN SIZE, DESIGN AND
LOCATION, IN ORDER TO INSTALL THE PROPOSED BANYAN
TREE INSPIRED MONUMENT SIGNS AT THE FOUR KEY
ENTRANCE LOCATIONS 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 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), located at 2705
Prairie Avenue; and
WHEREAS, 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.; and
WHEREAS, this passive park will preserve landmark specimen trees and pastoral spaces;
and
WHEREAS, on June 24, 2020, the Mayor and City Commission approved additional
services for Bayshore Park, which included the design of the park identification signage; and
WHEREAS, the Consultant has prepared the design of four ( 4) monument signs for the
new Bayshore Park; and
WHEREAS, the approximately 20-acre Bayshore Park is bordered by 28 Street to the
north, Prairie Avenue to the west, and Pine Tree Drive to the east; and
WHEREAS, the monument signs will be placed at four ( 4) different access locations within
the Park, as depicted on Exhibit A hereto; and
WHEREAS, the design concept for the monument signs, as depicted in Exhibit B hereto,
is inspired by the existing Park site's banyan trees, and is in scale with the proposed Park
characteristics and the surrounding neighborhood; and
W H E R EA S , the Park's entrance monument signs are to be fabricated with a laser cut
aluminum metal installed over a concrete base; and
WHEREAS, additionally, illumination will be placed 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 the
Park site is predominantly surrounded by single-family residential (RS) zoning; and
WHEREAS, Section 142-425 of the City Code requires that the GU zoned properties
utilize the average requirements contained in the surrounding zoning districts; and
WHEREAS, the surrounding district, the RS zoning district, is restrictive in the
allowance of commercial signage or other identifying markers; and
WHEREAS, the three signs along the rights-of-way that abut the RS district to the
north and west are not permitted as monument signs; and
WHEREAS, Section 138-4 of the City Code, allows for certain signs to be exempt
regardless of the zoning district, such as traffic signs, historical markers, signs directing and
g u id in g pe d e stria n s , a n d traff ic a n d pa rkin g sig n s on priv ate pro p erty; and
WHEREAS, ho w e v e r, the siz e of th e sig n is lim ite d to 2 sq u are feet (SF); and
WHEREAS, th e P a rk's e ntra n c e m o n u m e n t sig n s a re un iq u e a n d la rge in sca le a n d
in o rde r to ac h ie v e the siz e of th e sig n re su ltin g fro m the un iq u e bra n d e d de sig n , e a c h of
th e se thre e sig n s w o u ld re q u ire a va ria n c e fr o m th is se ctio n of th e C ity C o d e , un le ss w a iv e d
by th e C ity C o m m is sio n ; a n d
WHEREAS, pu rsu a n t to S e cti on 14 2 -4 2 5(d ) of the C ity C o d e , th e C ity C o m m is s io n
m a y w a iv e , by fi v e se v e n th s vo te (5 /7t h s ), fol lo wi ng a du ly no tic e d pu b lic he a rin g ad v e rt ise d
in the ne w sp a p e r at le a st fif te e n (15 ) da y s prio r to the he a rin g , de v e lo p m e n t re g u la tio n s
"p e rt a in in g to go v e rn m e n ta l ow ne d o r le a se d bu ild in g s , use s a n d site s w h ic h a re w h o lly us e d
by , o p e n an d a cce ss ib le to th e ge n e ra l pu b lic, o r use d by no t-fo r-p ro fit , ed u c a tio n a l, o r cu ltu ra l
o rg a n iz a tio n s , o r fo r co n v e n tio n ce n te r ho te ls , or co n v e n tio n ce n te r ho te l a c ce sso ry, ga ra g e s ,
o r city utiliz e d pa rkin g lo ts, pro v id e d th e y a re co n tin u a lly use d fo r su c h pu rpo se s ; an d
WHEREAS, in o rd e r to in sta ll th e se de co rativ e pa rk m o n u m e n t sig n s , w a iv e rs fr o m
the fo llo w in g D e v e lo p m e n t R e g u la tio n s a re ne e d e d ; a n d
WHEREAS, C ity C o d e S e cti on 13 8 -4 (3 ), sig n s dire ctin g a n d g u id in g pe d e stria n s a n d
tra ff ic a n d pa rkin g o n priv a te pro p e rt y bu t be a rin g no ad v e rtis in g m a tt e r a n d no t e x ce e d in g
tw o (2 ) sq u a re fe e t in a re a ; a n d
WHEREAS, the pro p o se d siz e of th e sig n s re q u ire s a w a iv e r fr o m S e cti on 13 8 -4(3 ) of
the C ity C o d e a n d , a s liste d be lo w , th e re q u e ste d w a iv e rs w o u ld a llo w co n s tru ctio n of a la rg e
sig n at th re e (3 ) of the fo u r ( 4 ) ke y e n tra n c e s to the P a rk:
a. P ark entrance m onum ent Sign 1 Type A- the 5'-6" high sign with an area of 88 SF to
be installed inside the park property with a O' set back along Prairie Avenue (RS-4).
LOR 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 O' set back along Prairie Avenue (RS-4).
LOR Section 138-4(3) allows for sign area of 2 SF. Waiver to exceed the sign area by
21.75 SF is needed; and
c. Park entrance monument Sign 3 Type B, -the 9'-6" high sign with an area of 23.75 SF
to be installed inside the park property with a O' set back along 28th Street (RS-4).
LOR Section 138-4(3) allows for sign area of 2 SF. 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 as a 'monument sign' which is permitted within the RM-1 zoning district, subject to
setback and size restrictions; and
WHERAS, therefore, the proposed design and location would require a waiver from Sec.
138-19 of the City Code that regulate detached signage throughout the City; the requested
waiver would allow construction of Park entrance signage in the remaining fourth (4th) key
access area to the Park; and
WHEREAS, LOR Section 138-19 (Detached Signs): Detached signs are signs not
attached to or painted on a building, but which are affixed to the ground; and
WHEREAS, signs are not permitted within the RS zoning district; and
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; and
WHEREAS, on July 29, 2020, the Mayor and City Commission approved Resolution No.
2020-31323, scheduling a public hearing to consider the waiver of certain land development
regulations; pursuant to City Code Section 142-425(d) of the City Code, to consider waiver of City
Code Section 138-4(3) and 138-19, pertaining 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; and
WHEREAS, the public hearing was held on for September 16, 2020; and
WHEREAS, the Administration recommends that the City Commission approve the
Resolution.
N O W , T H E R E F O R E, B E 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 granting of waiver of certain land
development regulations, by a 5/7 vote of the City Commission, pursuant to Section 142-425(D),
of the City's Land Development Regulations (LDR), for installation of park monument signs within
the Bayshore Park property; in order to waive the requirements of Sections: 138-4(3) and 138-19
for sign size, design and location, in order to install the proposed banyan tree inspired monument
signs at the four key entrance locations to the Park.
PAssED and ADOPTED this "/_a, St0he . , 2020 .
/4::JJ _ - Dan Gelber, Mayor
ATTEST:
.z Ratael E. Grana0o, ciy Cierk
.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Resol ution s -R 7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
September 16, 2020
1:35 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 517TH VOTE OF THE CITY
COMMISSION, PURSUANT TO SECTION 142425(D), OF THE CITY'S
LAND DEVELOPMENT REGULATIONS (LDR), FOR INSTALLATION OF
PARK MONUMENT SIGNS WITHIN THE BAYSHORE PARK PROPERTY; IN
ORDER TO WAIVE THE REQUIREMENT OF SECTIONS: 138-4(3) AND 138-
19 FOR SIGN SIZE, DESIGN AND LOCATION, IN ORDER TO INSTALL
THE PROPOSED BANYAN TREE INSPIRED MONUMENT SIGNS AT THE
FOUR KEY ENTRANCE LOCATIONS 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.
Page 960 of 1855
The park's entrance monument signs are to be fabricated with a laser cut aluminum metal
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
surro unded by single-family residential (RS) zoning. Land Development Regulations (LDR)
Section 142425, regulates that the GU zoned properties, utilize the average requirements
contained in the surro unding 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 perm itted as monument signs. Howe ver, 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.
Howe ver, 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 wo uld require a variance from this section of
the code, unless waived by the City Commission.
Pursuant to Section 142425(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 news paper at least fifteen (15) days prior to the hearing, development
regulations "pertaining to govemm ental own ed 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, wa ivers from the following
Development Regulations are needed.
1- LDR Section 1384 (3) Signs directing and guiding pedestrians and traff ic 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 wa iver from section 138-4(3) of the LDR's. As listed
below the requested wai vers wo uld 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 O' set back along Prairie Avenue (RS4). 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 O' 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 961 of 1855
installed inside the park property wi th a O ' set back along 28th Stre et (R S-4 ). L DR Section 138-
4(3) allows for sign area of 2 SF. W aiver to exceed the sign area by 21.75 SF. is needed.
The sign along Pine Tree Drive, designed in scale wi th the others , can be analyz ed as a
'monument sign' wh ich is perm itted wi th in th e RM-1 zoning district subject to setb ack and size
re stri ctions. Therefore, th e pro posed design and location wo uld re quire a wa iver fro m Sec. 138-
19 of the LD R's th at regulate detache d signage thro ugho ut the city . As listed below the
re quested 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). LOR Section 138-19 allows for sign area of 15 SF. Waiver to exceed the sign area by 8.75'
SF is needed.
On July 29, 2020, the Mayor and City Commission approved Resolution No. 2020-31323,
scheduling a Public Hearing to consider the waiver of certain Development Regulations;
pursuant to City Code 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 the Bayshore Park located at 2795 Prairie
Avenue, in order to waive LDR Sections: 138-4(3) and 138-19 pertaining 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. The Public Hearing is scheduled for September 16, 2020.
CONCLUS1ON
The Administration recommends that the City Commission approve the resolution.
Applicable Area
Middle Beach
ls this a "Residents Right
to Know" item, pursu ant to
City Cod e Secti on 2-142
Yes
Does this item utili ze G.O,
Bon d Fun ds?
Yes
Strategic Connection
Neighborhoods - Evolve parks and green spaces to meet the changing needs of the community.
Legislative Tracking
Capital Improvement Projects
Page 962 of 1855
ATTACHMENTS:
Description
Attachment A- Proposed sign locations
Attachment B - Sign design
Resolution
Page 963 of 1855
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Page 966 ot 1855
EXHIBIT B Bayshore Park Signage
July 2, 2020 2