2001-24298 RESO
RESOLUTION NO. 2001-24298
A RESOLUTION OF THE MA YORAND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING
THE LAND DEVELOPMENT REGULATIONS APPLICABLE
TO THE NORTH SHORE PARK AND YOUTH CENTER AS
DETERMINED BY THE PLANNING DIRECTOR,
PURSUANT TO SECTION 142-425(d) OF THE CODE OF THE
CITY OF MIAMI BEACH, FOR THE NORTH SHORE PARK
AND YOUTH CENTER GENERAL OBLIGATION AND PARK
BONDS PROJECT, IN ORDER TO ALLOW VARIOUS
ENCROACHMENTS INTO THE REQUIRED SETBACKS
FACING 72ND AND 73RD STREETS, AND HARDING
AVENUE, AND ELIMINATE THE PROVISION OF ON-SITE
PARKING SP ACES FOR THE AFOREMENTIONED
PROJECT.
WHEREAS, the citizens of the City of Miami Beach in 1994 voted to approve the Parks
General Obligation Bond for needed improvements to the City's parks; and on November 2, 1999, the
$92 Million General Obligation Bond was approved by the voters and additional funds were added to
complete the programs included in the Parks Bond Master Plan; and
WHEREAS, the project encompasses the following components: a new recreation and youth
center, a new gymnasium, a new tennis center and 12 new tennis courts, new baseball courts (one
outdoor), a new play area, new lighting, and new perimeter fencing; and
WHEREAS, the North Shore Park project was extensively reviewed by the public throughout
the programming and design phases and as a result several requests for revisions to the design were
made by the community; and the Administration evaluated those requests with the City's consultant and
determined that they constituted an enhancement to the project; and
WHEREAS, the Planning Director has evaluated the Land Development Regulations applicable
to the subject project, according to the procedures set forth in section 142-425(d) of the Land
Development Regulations; and
WHEREAS, at the request of the community, an outdoor basketball court is proposed to be
built on the southwest area of the project site, and the exterior perimeter picket fence facing 72nd Street
will be set back 4 feet from the property line, and will be encroaching 11 feet in the required 15 feet
setback; and
WHEREAS, 12 tennis courts will also be constructed on the Northeast comer of the property,
on Harding Avenue and 73rd Street; and the community requested the replacement of two (2) of the
proposed 12 hydro courts with hard surface tennis courts; and this change required the courts to be
shifted towards the north and east to allow a greater separation between them; and
WHEREAS, the tennis courts perimeter fence is proposed to be set back 5 feet and 10 feet on
Harding Avenue and 73rd Street respectively; and the tennis courts perimeter fence will encroach 5 feet
into the 73rd Street setback, and 10 feet into the Harding Avenue setback; and
WHEREAS, the project encompasses the construction of a 10,105 square feet Gymnasium;
a 18,995 square feet Youth Center; and a Concession/Restroom Building; and those new facilities are
proposed to be built on the south of the property facing 72nd Street; and
WHEREAS, the code requires a 7.5 feet setback, or a distance equal to eight percent of the
width of the land, whichever is greater; and pursuant to the aforementioned Section, the minimum
setback required for those buildings facing 72nd Street is 31.18 feet; and
WHEREAS, the Gymnasium, the Youth Center, and the Concession Building will be built with
a 20 feet setback, which will constitute an 11.18 feet encroaclunent; and
WHEREAS, the community requested an outdoor basketball court in addition to the indoor
basketball court located in the Gymnasium; and the Administration thoroughly reviewed this request
in relation to the site constraint, and decided to utilize the off-street parking for this purpose; and
WHEREAS, the provision of the outdoor basketball court will prevent the compliance with
Section 130-32 of the Land Development Regulations for the provision of 44 on-site parking spaces;
and
WHEREAS, the Administration is proposing to include (70) angled on-street parking spaces
along nnd Street between Dickens A venue and Harding A venue; these additional parking spaces will
be part of the 72nd Street Streetscape improvements scope of work, and will replace the lost on-site
parking spaces.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby
waive the Land Development Regulations applicable to the North Shore Park and Youth Center as
determined by the Planning Director, pursuant to Section 142-425(d) of the Code of the City of Miami
Beach, for the North Shore Park and Youth Center General Obligation and Park Bonds Project, in order
to allow various encroaclunents into the required setbacks facing 72nd and 73rd Streets, and Harding
Avenue, and eliminate the provision of on-site parking spaces for the aforementioned project.
PASSED AND ADOPTED this 14th day of March, 2001.
IftYOR
APPROVED /lS TO
fORM & LANGUAGE
& FOR EXECUTION
ATTEST:
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CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the City
Commission of the City of Miami Beach on Wednesday, March 14, 2001, at
10:45 a.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, to consider a waiver of the Land
Development Regulations applicable to the North Shore Park and Youth Center,
as determined by the Planning Director, pursuant to Section 142-425(d) (1) of
the Code of the City of Miami Beach, for the North Shore Park and Youth
Center General Obligation and Park Bonds Project, in order to allow various
encroachments into the required setbacks facing 72nd and 73rd Streets, and
Harding Avenue, and eliminate the provision of on-site parking spaces for the
aforementioned project.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
ALL 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, 1st
Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued
and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
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.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding should
contact the City Clerk's office. Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771
(TDD) or (800) 955-8770 (VOICE), for assistance.
Please publish Sunday, March 4, 2001 Display Ad Miami Herald Beach Neighbors
Ad Number 0011
CITY OF MIAMI BEACH
CITY HALL HOD CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. jS".J-CJ I
TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: March 14,2001
SUBJECT:
Jorge M, Gonzalez \ . .~"
City Manager () ,,- D
PUBLIC HEARING
FROM:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REQUESTING A WAIVER OF THE
LAND DEVELOPMENT REGULATIONS APPLICABLE TO THE NORTH
SHORE PARK AND YOUTH CENTER AS DETERMINED BY THE
PLANNING DIRECTOR, PURSUANT TO SECTION 142-425(d)(1) OF THE
CODE OF THE CITY OF MIAMI BEACH, FOR THE NORTH SHORE
PARK AND YOUTH CENTER GENERAL OBLIGATION AND PARK
BONDS PROJECT, IN ORDER TO ALLOW VARIOUS ENCROACHMENTS
INTO THE REQUIRED SETBACKS FACING 72ND AND 73RD STREETS,
AND HARDING A VENUE, AND ELIMINATE THE PROVISION OF ON-
SITE PARKING SPACES FOR THE AFOREMENTIONED PROJECT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The citizens of the City of Miami Beach in 1994 voted to approve the $15 million Parks General
Obligation Bond for the needed improvements to the City's parks. On November 2, 1999, the $92
million General Obligation Bond was approved by voters and additional funds were added to
complete the programs included in the Parks Bond Master Plan.
On July 17, 1997, the City entered into an Agreement with the architectural firm of Bennello,
Ajamil, and Partners, Inc., to develop plans and specifications for the implementation of the
programs for 6 City parks, including North Shore Park and Youth Center.
The North Shore Park and Youth Center project encompasses the following components: a new
recreation and youth center, a new gymnasium, a new tennis center, 12 new tennis courts, new
basketball courts, (including one outdoor), new baseball fields and sports lighting, new play area,
new lighting and new perimeter fencing.
AGENDA ITEM 1?7L
DATE 3//'1' ,/d/
1
In addition to the funds included in the 1994 Parks Bond and the 1999 General bbligation Bond
funds, the North Shore Park project is also receiving two (2) grants from the Florida Recreation
Development Assistance Program (FRDAP), and Barry University. Moreover, the City is also
receiving a loan from the United States Housing Urban Development Department (HUD). The total
project budget is $7,279,967, and the construction budget is estimated at $6,302,413.
The North Shore Park project was extensively reviewed by the public throughout the programming
and design phases. The Administration held several public workshops and presentations in order
to seek input from the community. Additionally, the project was regularly discussed at various City
committee meetings such as the North Beach Youth Center Oversight Committee and the Parks and
Recreational Facilities Advisory Board. In those venues, the public at large as well as members of
the various committees provided input regarding the project. As a result several requests for
revisions to the design were made. The Administration evaluated those requests with the City's
consultant and determined that they constituted enhancements to the project.
Setbacks throughout the existing site vary and in many instances are not in accordance with the
current Land Use Development Regulations requirements. The existing Recreation Building facing
72nd Street has an approximate setback of 24.8 feet. The existing Shuffle Board court is set back
10.13 feet from the property line. The setback of the existing tennis and basketball courts perimeter
fences vary from 5 to 25 feet on Harding Avenue. In addition, the existing baseball field perimeter
fence has a zero setback on 73rd Street and a minimum of 5 feet on Dickens Avenue. Section 142-
1134 of the Development Regulations of the Land Use Regulations of the City Code, entitled Tennis
Courts and other Court Games indicates: "when the perimeter fence faces a street, the maximum
height shall be ten feet and the fence shall be set back at least 15 feet from the property line". Section
142-156 of the Development Regulations ofthe Land Use Regulations requires, for developments
such as North Shore Park, a setback of 7.5 feet or a distance equal to 8% of the width of the land,
whichever is greater.
Proposed setbacks modifications: (See attachment 1)
A. Outdoor basketball court fence:
The proposed outdoor basketball court is located in the southwest area of the project site, in the
comer of Dickens Avenue and 72nd Street. The exterior perimeter picket fence facing 72nd Street
is proposed to be set back 4 feet from the property line, and will be encroaching 11 feet into the
required setback.
The community requested the incorporation of an outdoor basketball court in the project's program.
This request was evaluated and determined to be an enhancement to the project. Therefore the
Administration recommends the adoption of the Resolution approving a waiver ofthe requirements
of Section 142-1134 of the Development Regulations of the Land Use Regulations in order to allow
the construction of the fence with an encroachment of 1 I feet into the nnd Avenue setback.
B. Tennis courts fence:
The proposed tennis courts are located in the northeast comer of the property, on Harding Avenue
and 73rd Street. The community requested the replacement of two (2) of the proposed 12 hydro
courts with hard surface tennis courts. This change was validated by the Administration and later
implemented by the City's consultant. As a result, the locations ofthe tennis courts were slightly
2
shifted toward the east, and the north in order to allow a greater separation between the hydro courts
and the hard courts. The tennis courts perimeter fence will be set back 10 feet, on 73rd Street, and
have a minimum setback of 5 feet facing Harding Avenue. Therefore, pursuant to Section 142-1134
of the Land Use Regulations, a 5 foot encroachment will occur on 73rd Street and 10 feet on Harding
Avenue. Those encroachments are necessary in order to maximize the tennis courts' design, and to
improve the circulation between courts. Therefore, the Administration recommends the adoption
of the Resolution approving a waiver ofthe requirements of Section 142-1134 of the Development
Regulations of the Land Use Regulations in order to allow the installation of the tennis courts
perimeter fences with a 5 and 10 foot encroachments on 73rd Street and Harding Avenue,
respectively.
C. Building setbacks- Gymnasium. Youth Center and Concession Buildings:
The project encompasses the construction of a 10,105 square feet Gymnasium, an 18,995 square
feet Youth Center and a Concession / Restroom Building. These new facilities are proposed to be
built on the south of the property, facing 72nd Street. The City Code requires the setback to be 7.5
feet or a distance equal to 8% ofthe width of the land whichever is greater. The average width of
the land in these areas is 389.83 feet. The minimum setback required for the buildings facing 72nd
Street is 31.18 feet. The proposed setback is 20 feet. The Gymnasium, the Youth Center, the
Restroom/Concession buildings will encroach 11.18 feet into the required setback. This
encroachment is necessary for the development of the programs envisioned for these facilities and
do not differ greatly from the setback of the existing recreation building, which is 24.8 feet.
Therefore, the Administration recommends the adoption of the Resolution approving a waiver of
the requirements of Section 142-156 ofthe Development Regulations of the Land Use Regulations
in order to allow the 11.18 feet encroachment into the 72nd Street setback.
Proposed on-site parking modifications: (See attachment 2)
As described above, the community requested an outdoor basketball court in addition to the
basketball courts located in the Gymnasium. City staff and the City's consultant evaluated this
request. After a thorough review of this new project component in relation to the site constraint,
the Administration decided to utilize the area occupied by the current off-street parking for that
purpose. This proposed modification was previously presented in LTC. No 114-2000. The existing
on-site parking lot is located off Dickens Avenue and 72nd Street. This location has 52 parking
spaces. Section 130- 32 of the City Code requires the provision of 44 on-site parking spaces in the
new project. The Administration is proposing the replacement of the required on-site parking spaces
with off -street ones, which will be incorporated in the 72nd Street Streetscape improvements.
In anticipation, City staff, and the City's consultant have evaluated the feasibility of substituting the
existing on-site parking with on-street parking spaces. As part of the 72nd Street streetscape
improvements, the Administration is proposing to include seventy (70) angled on-street parking
spaces along 72nd Street between Dickens Avenue and Harding Avenue. This improvement will
result in a net increase of approximately twenty (20) parking spaces. In addition, thirty (30)
additional parking spaces will be provided at the lot located west of Dickens Avenue and 73rd
Street.
3
In light of the above, the Administration recommends the adoption of the Resolution approving a
waiver of the requirements of Section 130-32 of the Development Regulations of the Land Use
Regulations in order to allow the renovation of North Shore Park and Youth Center without on-site
parking.
In order to maximize the additional programs requested by the community, and due to the site
constraints, the Administration recommends the adoption of the Resolution.
Attac~ ..... /,
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