Resolution 2020-31296 RESOLUTION NO. 2020-31296
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 WOLFSONIAN ARTS
DISTRICT, WHICH ORDINANCE WAS REFERRED TO THE PLANNING
BOARD ON MAY 13, 2020, 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 May 13, 2020, pursuant to Agenda Item C4B, the Mayor and City
Commission refer'red an Ordinance to the Planning Board pertaining to a request to create a
zoning district overlay applicable to the Wolfsonian Museum campus in South Beach (the
"Wolfsonian Arts District"); and
WHEREAS, the proposed Ordinance amends Chapter 142 of the City Code, entitled
"Zoning Districts and Regulations," by creating an overlay specific to the Wolfsonian Museum
campus in South Beach; and
WHEREAS, the property subject to the proposed Ordinance is owned by Florida
International University (FIU), a non-profit educational organization; and
WHEREAS, the general purpose of the Ordinance is to allow the Wolfsonian to
reconfigure and expand its educational and cultural facilities, which are open to the public; 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 Wolfsonian Arts District, which Ordinance was referred
to the Planning Board on May 13, 2020, and finding that (i) the subject property is owned by
Florida International University (FIU), a non-profit educational organization, and (ii) the request
demonstrates that a public purpose is achieved by enacting the amendment.
PASSED and ADOPTED this 929 day of 1144 C 2020.
ATTEST:
Dan Gelber
Rafa- G do Mayor
City Clerk APPROVED AS TO FORM AND
sIIICORPF ORATED)' LANGUAGE AND FOR.EXECUTION
.a , .
City Attorney Date
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T:\Agenda\2020\06 June 24\Planning\Fee Waiver-PB Referral Wolfsonian Overlay-RESO.docx
1
Resolutions -C7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 24,2020
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 5/7TH 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 WOLFSONIAN SCHOOL OVERLAY, WHICH
ORDINANCE WAS REFERRED TO THE PLANNING BOARD ON MAY 13,
2020, 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 May 13, 2020, at the request of Commissioner David Richardson, the City Commission
referred a request for a zoning district overlay, specific to the Wolfsonian Museum, to the Land
Use and Sustainability Committee and the Planning Board (Item C4B). The item was endorsed
by the LUSC on May 26, 2020 and is scheduled to be reviewed by the Planning Board on June
23, 2020.
ANALYSIS
The subject amendment was referred on behalf of the Wolfsonian Museum. 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 (5/7ths) vote of the City Commission, based
upon one or more of the following circumstances:
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;
Page 368 of 2046
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 Wolfsonian Museum, 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
South 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
Commissioner David Richardson
ATTACHMENTS:
Description
o Reso- Form Approved
Page 369 of 2046