| | | | | | | |  | Resolutions - R7 C
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 13, 2020 | | | | 9:50 a.m. Public Hearing
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A REVOCABLE PERMIT REQUEST BY TD BANK, N.A., (THE "APPLICANT") FOR THE PROPERTY LOCATED AT 1570 ALTON ROAD (THE "PROPERTY") TO ALLOW THE INSTALLATION OF A PARKING SIGN CONTAINING A SURFACE AREA OF APPROXIMATELY 4.5 SQUARE FEET, EXTENDING INTO THE RIGHT OF WAY 2 FEET AND APPROXIMATELY 14 FEET ABOVE GRADE; TO ALLOW THE EXISTING EYEBROW ABOVE THE FIRST FLOOR APPROXIMATELY 14.5 FEET ABOVE GRADE AND AN UPPER BALCONY AREA APPROXIMATELY 28.7 FEET ABOVE GRADE EXTENDING INTO THE RIGHT OF WAY APPROXIMATELY 7 FEET; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. |
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| | | | | | | | RECOMMENDATION
| The Administration recommends approving the Resolution. |
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| | | | | | | | BACKGROUND/HISTORY
| TD Bank, N.A. (the Applicant) and The Sterling Building, Inc. (the "owner"), are requesting a revocable permit for the installation of a parking sign containing a surface area of approximately 4.5 square feet, extending into the right of way 2 feet and approximately 14 feet above grade; to allow the existing eyebrow above the first floor approximately 14.5 feet above grade and an upper balcony area approximately 28.7 feet above grade extending into the right of way approximately 7 feet.
This property is described as: The East 80 feet of Lots 3 and 4, Block 66, Commercial Subdivision, according to the Plat thereof as recorded in Plat Book 6, Page, 5, of the Pubic Records of Miami-Dade County, Florida.
Pursuant to DRB19-0396, the Property was approved for modifications to the signage and façade features of the existing structure to accommodate the change of use for a TD Bank. The previous use on the leased space of the property was Starbucks. The scope of the DRB approval included new signage to reflect the TD Bank and to retrofit the space as clearly identifiable for such use.
The design of this building is urban in character and thus compatible with pedestrian activity. As such, the provided parking for the structure is located on the rear of the Property behind the structure and can only be accessed behind the building from 16th Street. A signage is an essential component for a bank use in the area.
Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94.
Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria:
• The Applicant’s need is substantial.
The Applicant respectfully requests the revocable permit in order to provide necessary signage for the identification of parking for the retail structure and to allow the existing eyebrow above the first floor approximately 14.5 feet above grade and an upper balcony. Given the fact that the structure is existing and designed in an urban capacity fronting the right-of-way, the parking is not readily identifiable. But, the bank use on the Property will have a need to provide parking, and thus it is essential that this small sign clearly demarcate that the parking associated with the banking use is accessible from 16th Street. The success of any business relies, in part, on providing signage that is clearly visible and identifiable. The Property is also located in an area where vehicular traffic is prominent. Therefore, visible signage is critical. The proposed signage complies with all City regulations and provides the necessary visibility to make this a successful site.
• The Applicant holds title to an abutting property.
The Owner is jointly the Applicant for the revocable permit and holds title to the Property.
• The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws.
The proposed parking blade sign will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the DRB approval. The Applicant has requested a revocable permit to ensure that encroachment of the existing signs complies with the applicable regulations.
• The grant of the application will have no adverse effect on governmental/utility easements and uses on the property.
The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The encroachments will be installed at an appropriate height, allowing for a minimum clearance of 14’1”, which permits free pedestrian passage below the signage and does not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the property.
• That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security.
The proposed encroachment will allow for the use of the Property as approved by the DRB. Additionally, the Applicant is providing key public benefits through the provision of parking on the Property to complement the structure that is compatible with pedestrianism and an urban environment. The approved development will make better use of the Property and improve the pedestrian experience of the neighborhood.
• That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district.
Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community.
• That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare.
Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood, while providing more guided flow of traffic as patrons of the building will have a clear understanding of the parking.
During the review of the revocable permit application, it was revealed that an existing eyebrow was also encroaching into the right of way which had not been permitted. Public Works requested that the applicant include all encroachments in this permit request.
At its February 12, 2020 meeting of the City Commission, the City Clerk read the title of the revocable permit request into the record and placed the item as opened and continued to March 18, 2020. The City is still waiting for additional information for the application to be complete.
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| | | | | | | | ANALYSIS
| Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City. In order to continue maintaining excellent standards in this area, the City intends to allow the installation of a parking sign over the public right-of-way. |
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| | | | | | | | CONCLUSION
| The Administration recommends approving the Resolution. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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