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2017-29832 Reso 2017-29832 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE MIAMI BEACH BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT OPERATION AS A "HALL FOR HIRE," AS OPERATED BY THE MIAMI BEACH GARDEN CONSERVATORY, INC. WHEREAS, Miami Beach Botanical Garden underwent a planned renovation that included a multi-use activity space and a large lawn area; and WHEREAS, the Miami Beach Garden Conservatory, Inc. is a not-for-profit organization that has had a management agreement with the City since 1997 to manage and maintain the garden; and WHEREAS, the Miami Beach Botanical Garden is free and open to the public; and WHEREAS, one of the Botanical Garden's funding sources is the rental of the facility as a hall for hire to host events such as weddings, receptions, fundraisers, and other community oriented events; and WHEREAS, one of the key intended outcomes for the City of Miami Beach is to enhance cultural and recreational activities and improve alliance with key sectors, namely hospitality, arts, & international business with a focus on enhanced culture, entertainment, &tourism; and WHEREAS, the Miami Beach Botanical Garden is located at 2000 Convention Center Drive within the Convention Center Zoning District (CCC) and is subject to the City's Land Development Regulations; and WHEREAS, on November 9, 2016, the Mayor and City Commission adopted Section 122-5(10), of the City Code, to create an exemption waiver from the City's concurrency requirements for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden; and WHEREAS, the Miami Beach Botanical Garden provides cultural and recreational enhancements for the residents of the City and use the facility as its fundraising arm; and WHEREAS, the Mayor and City Commission desire to exempt uses at the Miami Beach Botanical Garden from concurrency requirements. 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, authorize pursuant to Section 122-5(10), "Exemptions from Concurrency," of the City's Land Development Regulations, the exemption of the Miami Beach Botanical Garden located at 2000 Convention Center Drive, Miami Beach, from the City's concurrency requirements for the current operation as a "hall for hire," as operated by the Miami Beach Garden Conservatory, Inc. PASSED and ADOPTED this 02h day of April, 2017. AdeIP ATTEST: ' .:// AYOR //,/ PHILIP % i(JA �'�, 1- 14 APPROVED AS TO RAF EL E. GRAN DO, CITY_C�\ B�� ��,�, FORM & LANGUAGE _' • ��b & R E UTION : = '' : lc $ JP. l'-' 3- 3 `41 fir►•* o, �RNi tui 1 City Attorney •• e 417. �, : 3) / Resolutions - R7 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 26, 2017 11:15 a.m. Public Hearing SUBJECT: CONCURRENCY WAIVER - MIAMI BEACH BOTANICAL GARDENS: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT REGULATIONS,THE EXEMPTION OF THE MIAMI BEACH BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT OPERATION AS A"HALL FOR HIRE," AS OPERATED BY THE MIAMI BEACH GARDEN CONSERVATORY, INC. ................ RECOMMENDATION The Administration recommends that the City Commission adopt the Resolution. ANALYSIS BACKGROUND On November 9, 2016, the Mayor and City Commission approved an ordinance that created the ability to grant a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden by resolution (Ordinance No. 2016-4053.) On February 8, 2017, the Mayor and City Commission passed a resolution to waiver the development regulations in the CCC District for the Miami Beach Botanical Gardens (Resolution 2017-29742.) On March 1, 2017, the Transit Master Plan and Concurrency Comprehensive Plan Amendment was adopted (Ordinance 2017-4074). This amendment allows the City Commission to waive concurrency requirements in GU district, in a manner consistent with the Comprehensive Plan ANALYSIS Concurrency is a one-time fee that is not assessed yearly, but runs with the use as long as it continues.The concurrency fee is based on the number of trips to the establishment generated pursuant to the trip generation rates in the Institute of Traffic Engineers (ITE) Trip Generation Manual. The concurrency fee is based on the costs to the City to mitigate traffic to the area and is divided into three geographical areas: South Beach, below Dade Boulevard; Middle Beach, Page 1142 of 1596 below 63rd Street to Dade Boulevard; and North Beach, below the City Line to 63rd Street. Currently, Section 122-5 of the Land Development Regulations of the City Code contains ten specific exemptions from obtaining a preliminary concurrency determination or a final concurrency reservation certificate. The tenth exemption is as follows: (10) Uses at the North Shore Bandshell, the Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden, as determined by the city commission by resolution. The proposed resolution is intended to facilitate the ability of the Miami Beach Botanical Garden (CCC) to become a fully licensed hall for hire, with all the licensures necessary to increase its revenue streams for fundraising purposes. The proposed amendment would exempt uses from concurrency review and paying a concurrency fee, which would significantly decrease costs to the operating organization. As the facility is operated by a non-profit organization, it is important that it be able to direct as much revenue as possible to providing services to the community. PLANNING BOARD REVIEW On June 28, 2016, the Planning Board (by a 5-0 vote)transmitted the ordinance amendment to the City Commission with a favorable recommendation that created the ability to grant a concurrency exemption for uses at certain city-owned facilities. SUMMARY The proposed resolution is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. CONCLUSION The Administration recommends that the City Commission that the City Commission adopt the Resolution. Legislative Tracking Planning Sponsor Commissioner Michael Grieco ATTACHMENTS: Description D Form Approved Reso D Ad Page 1143 of 1596 16NE ( NEIGHBORS I',:.1',:.1=1,1'".7 M AM BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING CONCURRENCY WAIVER MIAMI BEACH BOTANICAL GARDEN 2000 CONVENTION CENTER DRIVE APRIL 26, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on April 26, 2017 at 11:15 a.m., or as soon thereafter as the matter can be heard, to consider the adoption of the following Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING PURSUANT TO SECTION 122-5(10), 'EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE MIAMI BEACH BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE. MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT OPERATION AS A "HALL FOR HIRE,"AS OPERATED BY THE MIAMI BEACH GARDEN CONSERVATORY, INC. This Resolution is being heard pursuant to Section 166.041 F.S. Inquiries may be directed to the Planning Department at 30b.6/3./bb0. 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 item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued and under such circumstances,additional legal notice need not be provided. Pursuant to Section 266.0105, 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. To request this material in alternate format,sign language interpreter(five- day notice required). information on access for persons with disabilities. and/or any accommodation to review any document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6: TTY users may call via 711 (Florida Relay Service), Rafael E. Granado, City Clerk City of Miami Beach Ad 1292 Page 1146 of 1596