2009-27285 Reso First ReadingRESOLUTION NO. 2009-27285
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING, A
LEASE AGREEMENT BETWEEN THE CITY AND MYSTERY PARK ARTS
COMPANY, INC., FOR USE OF THE TWO CITY-OWNED BUILDINGS,
COMMONLY KNOWN AS THE CARL FISHER CLUBHOUSE AND LITTLE
STAGE THEATER, LOCATED AT 2100 WASHINGTON AVENUE, MIAMI
BEACH, FLORIDA; SAID LEASE HAVING A TERM OF FIVE YEARS;
WAIVING BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND
APPRAISAL REQUIREMENTS, AS REQUIRED BY SECTION 82-39 OF
THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY; AND FURTHER SETTING A PUBLIC
HEARING ON JANUARY 13, 2010, FOR THE SECOND READING (AND
FINAL APPROVAL) OF THE LEASE AGREEMENT
WHEREAS, in May, 2007, the City entered into a Letter Agreement with Mystery Park Arts
Company (SoBe Arts) for use of the Carl Fisher Clubhouse, located at 2100 Collins Avenue, Miami
Beach, Florida (the Facility); and
WHEREAS, in exchange for free use of the Facility, the City required SoBe Arts to provide
free and /or reduced fee programs for income-eligible students; and
WHEREAS, on October 17, 2007, the Mayor and City Commission approved the issuance
of Request for Proposals (RFP) No. 03-07/08 for use of the Carl Fisher Clubhouse to provide
cultural programming for the residents of the City of Miami Beach; and
WHEREAS, during the RFP process, SoBe Arts continued to operate its program at the Carl
Fisher Clubhouse; and
WHEREAS, on June 25, 2008, the Mayor and City Commission adopted Resolution No.
2008-26835, accepting the recommendation of the City Manager and, authorizing the Administration
to enter into negotiations with the top ranked proposer, SoBe Arts for use of the Carl Fisher
Clubhouse; and
WHEREAS, the Administration negotiated a lease agreement, for an initial term of one (1)
year, commencing retroactively on September 1, 2008, and ending on August 31, 2009, with an
additional one (1) year renewal term, at the City's sole discretion; and
WHEREAS, on May 13, 2009, the City Commission adopted Resolution No. 2009-27069,
approving a Letter Agreement between the City and SoBe Arts for use of the Little Stage Theater for
a period of three months, coterminous with the remaining term of the lease agreement for the Carl
Fisher Clubhouse; and
WHEREAS, on June 25, 2009, the Finance and Citywide Projects Committee (the
Committee) discussed options for the long term management and use of the two facilities; and
WHEREAS, the Committee recommended that the Letter Agreement involving the Little
Stage Theater be extended, on a month-to-month basis, not to exceed six (6) months, and further
directed staff to negotiate a new lease with SoBe Arts for a five (5) year term, involving both the
Carl Fisher Clubhouse and the Little Stage Theater; and
WHEREAS, the Committee also requested that staff work with SoBe Arts on developing
performance measures/benchmarks and public benefits for inclusion in the new Lease Agreement;
and
WHEREAS, On October 29, 2009, staff reported back to the Committee regarding proposed
performance measures, benchmarks, and public benefits that had been negotiated with SoBe Arts
to ensure that the free use of the facilities continues to provide a benefit to the community; and
WHEREAS, following the Committee's approval and recommendation, the Administration
and SoBe Arts have negotiated the attached Lease Agreement, including both the Carl Fisher
Clubhouse and the Little Stage Theater facilities, for a term of five (5) years; and
WHEREAS, approval of the Lease Agreement will also require a 5/7ths waiver of
competitive bidding and appraisal requirements, finding such waiver to be in the best interest of the
City.
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 approve
on first reading, a Lease Agreement between the City and Mystery Park Arts Company, Inc., for use
of the two City-owned buildings, commonly known as the Carl Fisher Clubhouse and Little Stage
Theater, located at 2100 Washington Avenue, Miami Beach, Florida; said Lease having a term of
five (5) years; waiving by 5/7ths vote, the competitive bidding and appraisal requirements, as
required by Section 82-39 of the Miami Beach City Code, finding such waiver to be in the best
interest of the City; and further setting a public hearing on January 13, 2010, for the second reading
(and final approval) of the Lease Agreement.
PASSED and ADOPTED this 9th day of December, 2009.
Ma.tti° Herrera: Bower
AT EST:
OBERT PA C ER, CITY CLERK
APPROVED AS TO
T:WGENDA\2009\December 9\Regular\Mystery ParksArts Lease RESO.doc FORM $ LANGUAGE
FOR EXECUTION
ey ^~(~-~ Date
~\
COMMISSION ITEM SUMMARY
Condensed Title:
Request for approval for a Lease Agreement between the City and Mystery Park Arts Company, Inc. for use
of the City-owned Carl Fisher Clubhouse and Little Stage Theater buildings, located at 2100 Washington
Avenue, for a term of five years, waiving by 5/7ths vote the competitive bidding and appraisal requirements
as required by Section 82-30 and setting a public hearing on January 13, 2010, for second reading and
public hearing.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do
business and 61 % of the same group would recommend Miami Beach as a place to do business.
Issue:
Should the Ci Commission a rove the lease a reement?
Item Summa /Recommendation:
FIRST READING
On June 25, 2009, the Finance & Citywide Projects Committee (F&CPC) directed the Administration to
negotiate a new lease agreement for the use of both City-owned buildings to provide cultural programming
for the residents of the City. The City and Mystery Park Arts Company have agreed to the following terms:
• Square Footage: 5,375 total SF (Clubhouse = 3,080 SF, Theater = 2,295 SF);
• Term: Five years;
• Base Rent: $1.20 annually in consideration for the diverse cultural activities provided to the
residents, in addition to 15% of any gross revenues derived from third party use of the buildings;
• Additional Rent: $10,464.00 annually to offset City's operating expenses;
• Security Deposit: Not applicable;
• Utilities: Tenant shall be responsible for all utilities not included in Additional Rent.
Certain public benefits have also been negotiated.
Section 82-39 provides for the waiver of the competitive bidding and appraisal requirements, by 5/7ths vote
of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest
would be served by waiving such conditions.
A Planning Department analysis finds that the use of this space is consistent with the land use designation
contained in the Comprehensive Plan.
Adviso Board Recommendation:
_Finance & Citywide Projects Committee, 5/5/09. 6/25/09 & 10/29/09.
Financial Information:
Source of Funds: Amount Account
nia
1 ~ n/a_
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Anna Parekh, ext.6471
Sign-Offs:
Department Director Assista t City Manager City Manager
AP H JMG
T:WGENDA\2009\December9\Regular\MysteryParkArtsLeaseP~greement_1s eading.SUM.doc
~~ ~ ~ AGENQA ITEM ~~ E
DATA ) Z- ..drI
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 9, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING, A LEASE
AGREEMENT BETWEEN THE CITY AND MYSTERY PARK ARTS COMPANY,
INC., FOR USE OF THE TWO CITY-OWNED BUILDINGS, COMMONLY KNOWN
AS THE CARL FISHER CLUBHOUSE AND LITTLE STAGE THEATER,
LOCATED AT 2100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; SAID
LEASE HAVING A TERM OF FIVE YEARS; WAIVING BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS REQUIRED
BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND FURTHER
SETTING A PUBLIC HEARING ON JANUARY 13, 2010, FOR THE SECOND
READING (AND FINAL APPROVAL) OF THE LEASE AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Carl Fisher Clubhouse and the Little Stage Theater are part of the 21St Street Community
Center (the "Community Center"). They are located west of Washington Avenue, east of Convention
Center Drive, north of the Miami Beach Convention Center, and south of Dade Boulevard on a tract
of land along the Collins Canal. The Community Center is located on the southeastern portion of the
site, along Washington Avenue, and houses the main offices of the Parks and Recreation
Department. The Community Center site is zoned "CCC"-Convention Center District, and is part of
the City Center Neighborhood. The Carl Fisher Clubhouse, designed by August (Gus) Geiger and
built in 1916-1917 as part of Carl Fisher's private executive golf course, is one of the oldest
buildings still standing in the City. In 1937, the Little Acorn Theater (commonly referred to as the
"Little Stage Theater") designed by Robert A. Taylor, was added to the site. The adjacent bandshell
was later added to the site in the 1950's. As per Resolution No. 83-17323, adopted on April 20,
1983, and City of Miami Beach Ordinance No. 84-2402, the Community Center became a
designated historic preservation site. The Community Center includes all the above referenced
facilities. It should also be noted that both the Carl Fisher Club House and the Little Stage Theater
have been programmed for major renovations, pending availability of funding.
Carl Fisher Clubhouse
in early 2007, representatives of Mystery Park Arts Company (d/b/a SoBe Music Institute and SoBe
Institute of the Arts, "SIA")approached the City regarding the use of the Carl Fisher Clubhouse for a
summer program. In May, 2007, the City entered into a Letter Agreement with SoBe Arts for use of
Commission Memorandum
First Reading -Mystery Park Arts Co. Lease
December 9, 2009
Page 2 of 7
the 5,375 square foot facility, with SoBe Arts incurring all the costs of the program. In exchange for
free use of the facility, the City required SoBe Arts to provide free/reduced fee programs for income-
eligiblestudents. Subsequently, a letteragreementforthe use ofthefacilitywasissued forthe 07/08
school year, with the expectation that a competitive process would be developed for a longer term
tenant for the facility, since the capital project implementation was not foreseeable.
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 03-07/08 for use of the Carl Fisher Clubhouse (which did not include the Little
Stage Theater) to provide cultural programming for the residents of the City of Miami Beach.
Subsequently, RFP No. 03-07/08 was issued on April 08, 2008, with an opening date of May 13,
2008. During this time, SoBe Arts continued to operate their program at the Carl Fisher Clubhouse.
On June 25, 2008, the Mayor and City Commission adopted Resolution No. 2008-26835, accepting
the recommendation of the City Manager and authorizing the Administration to enter into
negotiations with the top ranked proposer SoBe Arts for use of the Carl Fisher Clubhouse. The
Administration negotiated a Lease Agreement, for an initial term of one (1) year commencing
retroactively on September 1, 2008, and ending on August 31, 2009, with an additional one (1) year
renewal term, at the City's sole discretion. SoBe Arts pays the City base rent of $1.00 per year and a
flat monthly payment of $500 for City CAM.
Little Stage Theater
In late 2008, SoBe Arts expressed an interest in utilizing the Little Stage Theater to expand their
programming. The City Commission authorized the expenditure of funds from the overa(I capital
project's budget to make repairs that would make the theater useable, pending a larger renovation in
the future. The City's Property Management Division has since completed the repairs to the Little
Stage Theater that were approved by the Finance and Citywide Projects Committee (FCW PC) and
the City Commission, making it a functional facility, containing 2,295 square feet.
On May 13, 2009, the City Commission adopted Resolution No. 2009-27069 approving a Letter
Agreement between the City of Miami Beach and SoBe Arts for use of the Little Stage Theater,
which includes an assembly area, a performance area and restrooms, for a period of three months
and seventeen days, coterminous with the Lease Agreement SoBe Arts has for use of the adjacent
Carl Fisher Clubhouse. Under the LetterAgreement, SoBe Arts currently manages and uses the
Little Stage Theater for the purpose of conducting education programs (i.e. film and film workshops,
theater/dance programs and arts/acting/music classes and lessons), professional performances
(i.e. music concerts. lectures/demonstrations, multidisciplinary and theatrical productions), general
events (i.e. community collaborations, fundraising events and student performances), and for such
related use(s) necessary to operate and maintain the program.
The Letter Agreement was developed to allow SoBe Arts to utilize and manage the space for a
period of three months to provide sufficient time for further City discussion on the long term
management and use of the facility. SoBe Arts currently is obligated to pay the City a monthly use
fee of three hundred seventy two ($372.00) dollars. This cost of $1.95 per square foot is
commensurate with what it is paying the City as a use fee at the Carl Fisher Clubhouse.
FINANCE AND CITWIDE PROJECTS COMMITTEE DIRECTION
Concurrent with the end of the first year of the lease for the Carl Fisher Clubhouse, and in
anticipation of the expiration of the Letter Agreement for the Little Stage Theater, staff referred the
issue of the use of the two facilities to Committee for discussion. This was necessary as SoBe Arts
had approached the City requesting the option of a longer term lease based on eligibility
2
Commission Memorandum
First Reading -Mystery Park Arts Co. Lease
December 9, 2009
Page 3 of 7
requirements by grant programs for matching funds.
On June 25, 2009, staff presented two options for consideration by the Finance and Citywide
Projects Committee (FCWPC):
1) to amend the current Lease Agreement for the Carl Fisher Clubhouse to include the Little
Stage Theater, which would provide SoBe Arts with tenancy of both facilities through August
31, 2010, provided the City exercises the one-year renewal option currently provided for in
the Lease Agreement for the Clubhouse, which would provide sufficient time for the
issuance of a competitive process for the use of both facilities; or
2) to terminate the current Lease Agreement for the Carl Fisher Clubhouse, waive competitive
bidding and issue a new Lease Agreement to SoBe Arts for both the Carl Fisher Clubhouse
and the Little Stage Theater for a term of not less than five years as requested by SoBe Arts.
The FCWPC recommended that the LetterAgreement beextended on a month-to-month basis, not
to exceed six (6) months, and further directed staff to negotiate a new lease for a five (5) year term
involving both the Carl Fisher Clubhouse and the Little Stage Theater. Staff was directed to work
with SoBe Arts on developing performance measures/benchmarks and public benefits for inclusion
in the new Lease Agreement. It was further noted that the approval of a five-year lease will require
the waiver of competitive bidding and appraisal requirements, by 5/7tns vote of the Mayor and City
Commission.
PERFORMANCE MEASURES/PUBLIC BENEFITS
On October 29, 2009, staff reported back to the FCWPC regarding proposed performance
measures, benchmarks and public benefits that had been negotiated with SoBe Arts to ensure that
the free use of this public facility continues to provide a benefit to the community. It should be noted
that the performance measures for the Carl Fisher Clubhouse are consistent with those offered by
SoBe Arts through the previous competitive process. Where noted, additional measures/public
benefits have also been agreed to. The proposed measures/benchmarks/public benefits for the
Theater were developed with the interest of ensuring that SoBe Arts continue to use the facility to
support its programming, while making available the theater to other organizations as well as the
City.
1) Scholarships: in response to the current economic situation that has impacted funding for all
arts programs and subsequently subsidies used for funding, SoBe Arts recommends
restructuring the scholarship provision to allow for more flexibility so that it can also build on
the number of participants that aren't necessarily need-based to assist in subsidizing
scholarships. In the alternative, they recommend that the method for quantifying this public
benefit be subject to review on an annual basis and, if need be, subject to adjustment
without requiring a formal amendment.
In light of the current funding limitations, SoBe Arts has agreed to establish a goal of
providing partial or full scholarships to at least fifty percent (50%) of youth participants, with a
minimum benchmark of thirty percent (30%) of participants receiving scholarships across all
youth programs each term year. SoBe Arts will use the same sliding scale model used by
the City's Parks and Recreation Department for determining scholarship levels.
2) Miami Beach residents will be given the opportunity to pre-register one day before open
enrollment for classes. If enrollment reaches capacity, Miami Beach resident applicants will
3
Commission Memorandum
First Reading -Mystery Park Arts Co. Lease
December 9, 2009
Page 4 of 7
be wait-listed for preferential placement, in the event of any openings;
3) SoBe Arts will make available at least twenty five percent (25%) of its seating at deeply
discounted prices. Miami Beach residents will be given first choice of these discounted
tickets through the exclusive pre-sale offerings;
4) Provided funding is available, SoBe Arts will also provide youth and senior discount tickets
for matinee performances or events produced or coordinated by SoBe Arts;
5) SoBe Arts will produce and provide at least ten (10) free community cultural programming
events open to the public each year;
6) The City will have free use of the facility, exclusive of hard costs, no less than eight (8) times
per year, as such uses may be deemed by the City and as such use days may be
coordinated in advance (with reasonable notice) with SoBe Arts. Notwithstanding, if at any
time the City requires the use of the theater for an event not coordinated in advance with
SoBe, and the theater is available, then the City shall be able to use the theaterand such
use shall not be included in the minimum number of City uses. In such cases, the City shall
be responsible for all hard costs;
7) While it is understood that SoBe Arts' use of the facilities is to be considered a priority use
(except as maybe otherwise provided for), the facility must be available to third party users,
as follows:
a. at least twenty (20%) of use days in any year of the lease term for the Theater will
be available for rental to third party users, preferably for cultural programming
purposes;
b. The City must approve SoBe Arts' proposed rental rates for third party users; those
rental rates will provide a discount for non-profit organizations;
c. The rental rates and policies will be provided to the City Manager for his review and
approval within ninety (90) days of lease execution. These guidelines must include
SoBe Arts process for accepting, reviewing and approving third party facility rentals;
d. SoBe Arts will pay the City fifteen percent (15%) of any gross revenue derived from
third party use of the facilities.
8) SoBe Arts is to provide free quarterly programming for the Parks and Recreation
Department's Teen Club; this may include, but not be limited to, introduction to music
lectures;
9) Within ninety (90) days of execution of the lease, SoBe Arts will develop and submit an
operational and capital fundraising schedule and fundraising goals, to include potential
private and grant-funded opportunities. This schedule is to be updated annually, within
ninety (90) days of the end of the previous lease year, to reflect information related to
funding received.
The balance of the proposed lease terms agreed to between the parties are reflected in the
proposed Lease Agreement, attached hereto in substantial form. Generally, they include a five (5)
year term at a base rent of $1.20 annually. SoBe Arts will also be responsible for remitting
additional rent in the amount of $10,464 annually to offset the City's operating expenses associated
with maintaining the facility. Also, as noted earlier, the Citywill receive fifteen percent (15%) of any
gross revenues derived from third party rentals of the facility. It should be noted that based on the
uncertainty of future capital plans for the facility, and the timing for such, the terms as currently
proposed do not include a renewal option. The issue of renewals was also not specifically discussed
at Committee. Based on recent discussions between staff and SoBe Arts, SoBe Arts has asked for
two (2) renewal options of two (2) years each, at the City's sole and absolute discretion. The
Administration is seeking the City Commission's direction in including the renewal options as
requested.
The FCWPC approved the proposed measures/benchmarks/public benefits as proposed, as well
as the proposed lease terms, and recommended that the lease be brought to the December 9,
4
Commission Memorandum
First Reading -Mystery Park Arts Co. Lease
December 9, 2009
Page 5 of 7
2009 Commission Meeting for approval on First Reading. Additionally, pursuant to the Committee's
direction, staff has been able to arrange for four (4) parking spaces in the north lot of the Convention
Center that will be designated for use by SoBe Arts, except during major events as determined by
the Convention Center, including, but not limited to, the Miami Beach Boat Show, the Auto Show
and Art Basel, plus any other day(s) the City may designate with no less than thirty (30) days notice.
The Committee also asked staff to look at possible options to accommodate event-related parking
in the Convention Center loading dock area, when the Convention Center is not being used. While
this has been researched, no recommendation on this use is being made at this time in light of
security concerns raised by the facility managers. However, staff has determined that a temporary
valet ramp can be established on Washington Avenue for events. Further, staff recommends that
SoBe Arts contact Miami Beach Senior High about use of their parking for events. It should be noted
that the residential parking along Washington Avenue and nearby cross streets is free during "non-
residential" zone hours.
CONCLUSION
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, provides
that the lease of any City-owned property, including option periods, requires the following:
1) a public bidding process;
2) Planning Department analysis (see attached Exhibit A);
3) an independent appraisal to determine the value of the leasehold interest
4) two (2) readings of the proposed lease; and
5) a public hearing to obtain citizen input.
Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements,
by 5/7`hs vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission
that the public interest would be served by waiving such conditions.
Given that both buildings, as currently programmed by SoBe Arts, are providing diverse cultural
activities benefiting the Miami Beach community, and that said buildings are not currently utilized by
the City; the Administration recommends that the City enter into a lease agreement for these
building with the above noted proposed terms, measures/benchmarks and public benefits as
approved by the FCWPC.
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
approve, on first reading, the Lease Agreement by and between the City and Mystery Park Arts
Company, Inc., for use of the two City-owned buildings, commonly known as the Carl Fisher
Clubhouse and Little Stage Theater, located at 2100 Washington Avenue, Miami Beach, Florida;
said Lease having a term of five years; waiving by 5/7cns vote, the competitive bidding and appraisal
requirements, as required by Section 82-39 of the Miami Beach City Code; and, further setting a
public hearing on January 13, 2010, for the second reading (and final approval) of the Lease
Agreement.
Direction is requested on whether renewal options should be included
JMG/HMF/AP/kob
Attachments:
Exhibit A -Planning Analysis
Exhibit B - Proposed Lease Agreement
T:\AGENDA\2009\December 9\Regular\MysteryParkArts LeaseAgreement 1stReading.MEM.doc
5
Commission Memorandum
First Reading -Mystery Park Arts Co. Lease
December 9, 2009
Page 6 of 7
EXHIBIT A
m N',IA1P".EACH
PLANNING DEPARTMENT
INTEROFFICE MEMORANDUM
To: Anna Parekh, Real Estate, Housing & Community Development Director
FROM: Jorge G. Gomez, Planning Director i~.,.~""""°
DATE: October 5, 2009 °~ '°-""~'
SUBJECT: Analysis of Proposed Lease with Mystery Park Arts Company, Inc.
2100 Washington Avenue -Carl Fisher Clubhouse and Little Stage Theater
Pursuant to your request, this memorandum will serve. as a planning analysis of the
proposed lease agreement between the City and Mystery Park Arts Company, Inc., for the
use of the two City-owned buildings, .commonly known as the Carl Fisher Clubhouse (3,080
SF) and the Little Stage Theater (2,295 SF), both buildings located at 2100 Washington
Avenue, for the purpose of providing cultural programming.
Section 82-38 of the Code of the City of Miami Beach requires. that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully appraised of all conditions relating to the proposed sale
or lease. The following is an .analysis of the criteria delineated in the. Code:
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent -The property is located within the CCC Convention Center Zoning
District. and the PF Public Facilities future land use category, and surrounded by the
CCC and GU Government Use zoning districts on the south, west and north, and by
the RM-2 Residential Multiple Family Medium Intensity zoning district to the east.
The lease agreement between the City and Mystery Park Arts Company is consistent
with the future land use category description contained in the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent -The property subject to the lease is the Carl Fisher Clubhouse., part of
the 21st Street Community Center Complex. The property has been and is currently
in use as a venue for a variety of public and community activities. There would be no
diminution of open .space as no new construction is being proposed. No additional
utility or infrastructure is expected to be necessary.
6
Commission Memorandum
First Reading -Mystery Park Arts Co. Lease
December 9, 2009
Page 7 of 7
Proposed Lease -Mystery Park Arts Company, Inc.
Carl Fisher Clubhouse - 2100 Washington Ave.
October 5, 2009
Page 2.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent -The proposal generates a small amount of income to the City, however,
there is a potential to create. additional jobs. The benefits of having such a facility
within the City cultural programming are important.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental intrusions,
and evaluation of the design and aesthetic considerations of the project.
Consistent -The surrounding neighborhood. consists of the Convention Center and
Miami Beach Senior High School, and the Collins Park/Museum Historic District
residential neighborhood. The continued use of this building will not be out of
character with the surrounding uses. Care should be taken to limit the hours of
operation to a reasonable hour in order to protect the surrounding residential
neighborhood.
5. The impact on adjacent properties, whether or not there is adequate parking,.
street and infrastructure needs.
Consistent -The impact on adjacent properties should be minimal, as the facility is
already in use. The use should be contained within the subject property. Parking is.
available nearby. No further infrastructure needs are anticipated.
6. A determination as to whether or not- alternatives- are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private ownership assembly.
Not applicable -This property is part of the larger assembly of the City-owned
Convention Center parcel. No assembly of land is necessary, nor would such be
under private. ownership. Placing such a community oriented cultural facility on
privately owned land is probably not a feasible option economically.
7. Within the constraints of public objectives, the department should examine
financial issues such as job. generation, providing housing opportunities, and
the return to the city for its disposition of property.
The lessee's program should contribute to the cultural arts within Miami Beach, which
is an important goal for the City. The program may have the potential for additional
,job creation.
8. Such other issues. as the Planning Department may deem appropriate in
analysis- of the proposed disposition.
Not applicable -The Planning Department has no other issues it deems appropriate
to analyze for this proposal.
JGG/RGL
F:\PLAM$ALL\GEN_CORR\INTEROFF\Shapiro Mystery Park Carl Fisher Clubhouse planning analysis.docx