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Resolution 2020-31225 RESOLUTION NO. 2020-31225 A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, PURSUANT TO CITY CODE SECTION 118-162, THE FEES AND COSTS ASSOCIATED WITH THE CITY'S REVIEW OF THE PROPOSED ORDINANCE PERTAINING TO THE LEHRMAN SCHOOL OVERLAY,WHICH ORDINANCE WAS REFERRED TO THE PLANNING BOARD ON DECEMBER 11, 2019, ON THE BASIS THAT THE PROPOSED AMENDMENT WAS REQUESTED BY A NON-PROFIT ORGANIZATION FOR PROPERTY OWNED BY SUCH ORGANIZATION, AND THE REQUEST DEMONSTRATES THAT A PUBLIC PURPOSE IS ACHIEVED BY ENACTING THE AMENDMENT. WHEREAS, City Code Section 118-162(c)(2) provides that, "[i]f an application [to amend the land development regulations or comprehensive plan] is filed by, or on behalf of, a private applicant, the applicant shall be required to pay all applicable planning department fees and costs associated with the application. An application shall not be heard by the planning board or city commission unless and until the application is complete and all applicable fees and costs have been paid"; and WHEREAS, pursuant to City Code Section 118-162(c)(3), "[t]he fees and costs associated with an application filed pursuant to this section may be waived by a five-sevenths vote of the city commission, based upon one or more of the following circumstances: (i) The city manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning; (ii) Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or (iii) If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment"; and WHEREAS, on December 11, 2019, pursuant to Agenda Item C4N, the Mayor and City Commission referred an Ordinance to the Planning Board pertaining to a request to create a zoning district overlay applicable to the Lehrman Community Day School campus in North Beach; and WHEREAS, the proposed Ordinance would amend Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," by creating an overlay specific to the Lehrman Community Day School campus in North Beach; and WHEREAS, the property subject to the proposed Ordinance is owned by the Lehrman Community Day School, a non-profit educational organization; and WHEREAS, the general purpose of the Ordinance is to allow the Lehrman Community Day School to reconfigure the campus in a such a manner as to expand facilities and activities available to students, as well as improve campus security, vehicle circulation, parking and student access; and WHEREAS, accordingly, the subject request demonstrates that a public purpose would be achieved by enacting the Ordinance. 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 hereby accept the recommendation of the City Manager and waive, by 5/7ths vote, pursuant to City Code Section 118-162, the fees and costs associated with the City's review of the proposed Ordinance pertaining to the creation of an overlay specific to the Lehrman Community Day School campus in North Beach, which Ordinance was referred to the Planning Board on December 11, 2019, and finding that (i) the subject property is owned by the Lehrman Community Day School, a non-profit organization, and (ii)the request demonstrates that a public purpose is achieved by enacting the amendment. PASSED and ADOPTED this 0902 day of a,ri f 2020. ATTEST: t- rte./to Dan Gelber Rafael Granado Mayor City Clerk T:\Agenda\2020\04 April\Planning\Fee Waiver-PB Referral Lehrman Overlay-RESO.docx 's, APPROVED AS TO FORM AND '-INCORPORATED; ; LANGUAGE AND FOR EXECUTION 4 [02 oat)cy 0, City Attorney Date Resolutions- C7 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 22,2020 SUBJECT:A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 517TH VOTE, PURSUANT TO CITY CODE SECTION 118-162, THE FEES AND COSTS ASSOCIATED WITH THE CITY'S REVIEW OF THE PROPOSED ORDINANCE PERTAINING TO THE LEHRMAN SCHOOL OVERLAY, WHICH ORDINANCE WAS REFERRED TO THE PLANNING BOARD ON DECEMBER 11, 2019, ON THE BASIS THAT THE PROPOSED AMENDMENT WAS REQUESTED BY A NON-PROFIT ORGANIZATION FOR PROPERTY OWNED BY SUCH ORGANIZATION,AND THE REQUEST DEMONSTRATES THAT A PUBLIC PURPOSE IS ACHIEVED BY ENACTING THE AMENDMENT. RECOMMENDATION The administration recommends that the City Commission grant the requested fee waiver. BACKGROUND/HISTORY On December 11, 2019, at the request of Commissioner Micky Steinberg,the City Commission referred a request for a zoning district overlay, specific to the Lehrman School in North Beach, to the Land Use and Development Committee and the Planning Board (Item C4N). The item was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC). The item was deferred to the February 18, 2020 LUSC meeting. On February 18, 2020, the item was deferred to March 17, 2020. The March 17, 2020 LUSC meeting was postponed and the item is scheduled for the May 6, 2020 LUSC. ANALYSIS The subject amendment was referred on behalf of a private applicant or third party. Pursuant to section 118-162(c)of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5f7ths) vote of the City Commission, based upon one or more of the following circumstances: Page 167 of 435 1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning; 2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s)or developer(s);and/or 3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment. The proposer, the Lehrman School, is a non-profit organization and owns the subject property. Further, the request demonstrates that a public purpose is achieved by enacting the applicable overlay amendment. As such, the Administration is supportive of the proposed waiver of fees in this instance. CONCLUSION The Administration recommends that the City Commission approve the attached Resolution granting a waiver of the applicable fees in section 118-7 and Appendix A. Applicable Area North Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Vice-Mayor Micky Steinberg ATTACHMENTS: Description o Resolution Page 168 of 435