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R7A-Waive Vote Authorize Installation Of General Advertising Sign At Crespi ParkCOMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and Commission of the City of Miami Beach, Florida Waiving Development Regulations Pertaining to General Advertising Signs By Authorizing lnstallation of a General Advertisi for a New Pl At Cresoi Park. Supporting Data (Surveys, Environmental Scan, etc Item Summarv/Recommendation : Crespi Park will be undergoing a planned playground renovation in March 2015. To achieve this project, the City and the lrie Foundation, acting as community partners, entered into an agreement with KaBOOM! lnc. to design, plan and build a community playground with funding from JetBlue. ln acknowledgement of the collaboration, signage is planned to be installed within the park in accordance with the attached exhibit as per Section 138-73 of the City Code which prohibits general advertising sig ns. The aforementioned Section further requires Planning Board review prior to approval by the City Commission. On February 11,2015 the City Commission referred the proposed waiver to the Planning Board for review, pursuant to Section 142-4125(d) of the City Code. On February 24, 2015, the Planning Board (by a vote of 6-0) transmitted the proposed Waiver Development Regulations to the City Commission with a favorable recommendation. Financial lnformation: Source of Funds: Amount Account 1 $0.00 2 OBPI Total Financial Impact Summary: None John RebarXT.6644 S Department Director Assistant Gity Manager City Manager JR I/L JMT JLM/m \ ASE}IDA'"* R ?A Bl.::u 34r'lSS AAIAMIrTACH 7 MIAMI BEACH City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSI MEMORANDUM To: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: March 18,2015 SUBJECT: A RESOLUTION OF THE MAYO CITY COMMISSION OF THE CITY the City CITY CODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRTCT PERTATNTNG TO SECTTON 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. ADM!NISTRATION RECOMM EN DATION The Administration recommends approval of the Waiver of Development Regulations. HISTORY / BACKGROUND Crespi Park will be undergoing a planned playground renovation in March 2015. To achieve this project, the City and the lrie Foundation, acting as community partners, entered into an agreement with KaBOOM! lnc. to design, plan and build a community playground with funding from JetBlue. ln acknowledgement of the collaboration, signage is planned to be installed within the park in accordance with the attached exhibit. However Section 138-73 of the City Code prohibits general advertising signs: Sec. 138-73. General advertising signs. No general advertising sign shall be constructed, erected, used, operated or maintained in the city. The location is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code, the City Commission may waive by five sevenths vote, following a public 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." The aforementioned Section further requires Planning Board review prior to approval by the City Commission. On February 11, 2015 the City Commission referred the proposed waiver to the Planning Board for review, pursuant to Section 142-4125(d) of the City Code. 8 Commission Memorandum GU Waiver - Crespi Park March 18,201 5 Page 2 of 3 PLANNING BOARD REVIEW On February 24, 2015, the Planning Board (by a vote of 6-0) transmitted the proposed Waiver Development Regulations to the City Commission with a favorable recommendation. FISCAL IMPACT Not Applicable CONCLUSION The Administration recommends approval of the Waiver of Development Regulations. JLM/JMJ/TRM/MCRYMAB/RA' T T:\AGENDA\2O1S\March\Crespi Park\Waiver of Dev Regs for Crespi Park - MEM.docx 9 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF M|AM! BEACH, FLORIDA, PURSUANT TO SECTTON 142-452(dl OF THE CITY CODE, WAIVING BY 5I7TH VOTE OF THE CITY COMMISSION AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DtSTRICT PERTATNTNG TO SEGTTON 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!, lnc. 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 lrie Foundation, acting as community partners ("Community Partners"), entered into a Community Partners Playground Contract with KaBOOM!, lnc., 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!, lnc., the lrie 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 % inches wide by 30 % 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!, lnc., JetBlue and the lrie 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 10 WHEREAS, the City Commission determines it is appropriate to waive the development regulations by a 5l7th vote to allow for the installation of a general advertising sign for a new playground at Crespi Park. NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, pursuant to Section 142-452(d) ot the City Code, waiving by 5l7th 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 _ day of ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor T:\AGENDA\201S\March\Crespi Park\Waiver of Dev Regs for Crespi Park - RES.docx APPROVED AS TO FORM & LANGUAGE 2015. CltyAtlomey 3-$- t5 r-I Dcile 11 Commission Memorandum GU Waiver - Crespi Park March 18,2015 Page 3 of 3 \nln3ruvonr.o Project Name: JetBlue, lrie Foundation, City of Miami Beach nltn: Eilah@KaBOOtvll Projet Nunrber: 15O10'18 Part Nurnber: ZZXXo157 Sign Number: CRS5886 Revision: A Post Color: Plum Emaal: VickiH@PlaymrldSystems.com Dale 1.27.15 lTie ifr*kil"*,*- I I approve the above image: 1lt/elcome to your Playspace! jetBtue' MIA,^IIBEACH This kid-inspired playspace was made possible tfirough the funding and volunteer pouuer of JetBlue, lrie Foundation, the City of Miami Beach, KaBOOM!, and this community. Pl.a!. Prini 12 a{lllll HE*lLO I iliomiHe6ld.csm NE IHUFSOAY.FEBRI,JARY26,2OIS I 7'IE r.*..*.* lrl}.li,r :A{fi CITY OF MmTUII BEACH NOTICE OF PUBLIC HEARING NOTICE iS HEREBY given that a public hearing will be held by lhe Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Charnbers, 3rd Floor, City Hall, 1700 Convenrion Center Drive, Miami Beach, Florida, on Wednesday, March 18,2015 at 5:0S p.m,, or as soon thereafter as the matter cEn be heard, to eo*sider; A Resolution Pursuantlo Seclion 142-452tdl OfThe City Code, Waiving By 5/7th Vote OfThe Gity Commissisn After Public Hearing,The Development Regutations ln A GU (Government Use) District PertainingTo Section 138-73, Entitled "General Advertising Signsi ln OrderTs AuthorieeThe lnstallation Of A General Advertising Sign For A New PlaygroundAt Crespi Park LocaredAt7801 Crespi Eoulevard. Miami Beach, Florida. tnquiriesmaybedirected to tha Parks and Recreation Psparfrnenf at 305,673,7730. INTERESTED PAHTIES are invited to appear at this meeting. or be represented by an agent, or to sxpress their views in writing addressed ta the City Commissian, 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 hcurs in the City Clerk's Office, 1700 Convention Center Drive. lrt Floor, City Hall, Miami Seacl'r, Florida 33139.This meeting, or any item herein, may be continued. and under such circumstances. addirionel legal notice need not be provided. Fursuant to Sestion 286.0105, Fla. Stat, the City hereby advises the public that if a person decides to appeal a*y decision made by rhe Ci?y Commission with respect tu any mat:er considered at its meeting or its hearing, such person musl ensure thal a verbatlm record of the proceedings is made. which record includes the teslimony and evidenee upon which the appeal is to be based.This nolice does nat constitute consenl by the City for lhe introduetlon or admission of otherwise inadmissible or irretevant evidence, nor does it authorize challenges or appeals nst otherwise allowed by law. To request this material in alternate format, sign language in erpreter {five-day notice required), information on accsss for persons with disabilities, and/or sny accommodatiqn to review any documenl or partlcipale in any city'sponsored proceedings, call 305.604.2tl89 and select 1 for English or ? for $panish, then option 6;TTY users may call via 711 {Florida Relay Service). Rafael E, Granado, City Clerk City of Miami Beach 13 THIS PAGE INTENTIONALLY LEFT BLANK 14