2016-4053 Ordinance CONCURRENCY EXEMPTION —GU & CCC DISTRICTS
ORDINANCE NO. 2016-4053
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE, BY AMENDING CHAPTER 122, "CONCURRENCY
MANAGEMENT," BY AMENDING SECTION 122-5,
"EXEMPTIONS FROM CONCURRENCY," TO EXEMPT USES
AT THE FOLLOWING CITY-OWNED FACILITIES FROM THE
CITY'S CONCURRENCY REQUIREMENTS: THE NORTH
SHORE BANDSHELL, THE RONALD W. SHANE
WATERSPORTS CENTER, AND THE MIAMI BEACH
BOTANICAL GARDEN; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") Land Development Regulations, at Chapter
122, establish the City's procedure for concurrency management; and
WHEREAS, Section 122-5 of the City Code creates exemptions from the City's
concurrency requirements for certain developments and uses; and
WHEREAS, such exempt developments and uses are not required to obtain a
preliminary concurrency determination or a final concurrency reservation certificate from the
City; and
WHEREAS, the Mayor and City Commission desire to amend the list of exemptions from
the City's concurrency requirements, to exempt uses at the following City-owned facilities from
the City's concurrency requirements: the North Shore Bandshell, the Ronald W. Shane
Watersports Center, and the Miami Beach Botanical Garden.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 122, "Concurrency Management," Section 122-5, "Exemptions
from concurrency," of the Land Development Regulations, is hereby amended to read as
follows:
CHAPTER 122
CONCURRENCY MANAGEMENT
Sec. 122-5. - Exemptions from concurrency.
The following types of development are not required to obtain a preliminary concurrency
determination or a final concurrency reservation certificate:
(1) Any development undertaken by the city that does not require a rezoning, does not
increase in intensity, does not have an associated change of use or that increases the city's
ability to provide essential services and facilities related to health and safety concerns (fire,
police, etc.).
(2) An application requesting modification(s) of a previously approved development order
where the concurrency management division has determined that the impacts on the prescribed
levels of service imposed by the requested modification(s) will be no greater than the impacts
imposed by the previously approved development order or the previously existing use.
(3) An application for the renovation of an historic structure, provided that the use of the
historic structure is not intensified.
(4) An application to develop a parcel of land for single family purposes if no change in the
zoning map is required to accommodate the development.
(5) An application for addition, renovation or reconstruction of a residential dwelling that
does not increase the number of dwelling units existing or approved for the property.
(6) An application for the construction of, an addition to or renovation of a guest house,
garage apartment or other similar accessory units on parcels zoned to permit such uses.
(7) An application for a development order for property which is subject to a valid
development order approved as a development of regional impact prior to January 1, 2000,
pursuant to F.S. Ch. 380.
(8) A valid, unexpired final development order approved prior to the adoption of this chapter.
(9) Temporary uses in public rights-of-way, as determined by the City Commission by
resolution, specifying geographic areas, criteria, and duration of exemption, where such uses
front on or are north of 63� Street, or on Washington Avenue from 6`h Street to Lincoln Road.
(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.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
2
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect upon the enactment of the applicable Comprehensive
Plan Amendment relating to concurrency exemptions.
PASSED and ADOPTED this f day of gawm6er , 20
4!'
Philip Levine, =yo / . '
ATTES
'''' g1„1411
m/ vava
I I \ B ql��i
Raf-el E. -nado, C ty Clerk y ,
o PPROVED AS TO
,. ,�"'�•:• * iORM AND LANGUAGE
$ * :INCORP (DRATED:Ak FOR EXE UTION
...MIS/ f( ( g( (10
4 '9 c City Attorney Date
First Reading: July 1 . 2016 % -• •H r
Second 'eadi p•: - b= 9, 4 6-----"nu°
Verified A . j y,.//1
Th. a ' ooney, AICP
Planning Director
Underscore denotes new language
Strike through denotes deleted language
(Sponsored by Commissioner Michael Grieco)
T:WGENDA\2016\November\Planning\Concurrency Fee Exemption for GU Sites-2nd Read ORD FINAL.docx
3
Ordinances -R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 9, 2016
10:10 a.m. Second Reading Public Hearing
SUBJECT: CONCURRENCY EXEMPTION— GU& CCC DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING
CHAPTER 122, "CONCURRENCY MANAGEMENT," BY AMENDING SECTION
122-5, "EXEMPTIONS FROM CONCURRENCY," TO EXEMPT USES AT THE
FOLLOWING CITY-OWNED FACILITIES FROM THE CITY'S CONCURRENCY
REQUIREMENTS: THE NORTH SHORE BANDSHELL, THE RONALD W. SHANE
WATERSPORTS CENTER, AND THE MIAMI BEACH BOTANICAL GARDEN;AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission open and continue the Ordinance to a
date certain of December 14, 2016, so that it can be adopted at the same time as the Intermodal
Transit Facility Comprehensive Plan amendment. The Transit Facility amendment will authorize the
City Commission to waive concurrency, which would allow this amendment to be consistent with the
Comprehensive Plan.
ANALYSIS
On June 8, 2016, at the request of Commissioner Grieco, the City Commission referred the
subject Ordinance amendment(Item C4O)to the Planning Board.
The concurrency fee is a one-time fee and 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, 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 nine
specific exemptions from obtaining a preliminary concurrency determination or a final
concurrency reservation certificate. The proposed Ordinance amendment would establish a
tenth exemption as follows:
Page 287 of 1017
(10) Uses at the North Shore Bandshell, the Ronald W. Shane Watersports Center, and the
Miami Beach Botanical Garden.
The proposed amendment is intended to facilitate the activation of the three sites listed in the
amendment. Specifically, the following uses are proposed:
• North Shore Bandshell (GU): Outdoor music venue and hall for hire
• Ronald W. Shane Watersports Center(GU): Sports Center and hall for hire
• Miami Beach Botanical Garden (CCC): Garden Center and hall for hire
The proposed amendment would exempt those uses from a concurrency review and paying a
concurrency fee, which could significantly increase costs to the operating organizations. As the
facilities are run by non-profit organizations, it is important that the facilities 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 proposed ordinance
amendment to the City Commission with a favorable recommendation.
SUMMARY
The proposed ordinance amendment is presently inconsistent with the Goals, Objectives, and
Policies of the Comprehensive Plan. However, a separate, proposed amendment to the
Comprehensive Plan regarding Intermodal Transit Facilities will authorize the City Commission
to waive concurrency requirements through an amendment of the Land Development
Regulations. Should the Intermodal Transit Facilities amendment not move forward, a separate
comprehensive plan amendment will be required.
UPDATE
The subject ordinance was approved at First Reading on July 13, 2016 and Second Reading
was scheduled for September 14, 2016, at which time the item was opened and continued to a
date certain of October 19, 2016. On October 19, 2016, the item was continued to November 9,
2016.
In order for this amendment to be consistent with the Comprehensive Plan, the Administration is
recommending that the item be opened and continued to a date certain of December 14, 2016,
so that it can be adopted at the same time as the Intermodal Transit Facility Comprehensive
Plan amendment that will authorize the City Commission to waive concurrency.
CONCLUSION
The Administration recommends that the City Commission open and continue the Ordinance to
a date certain of December 14, 2016.
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
Page 288 of 1017
impact(at least 5 years)of this proposed legislative action.While the ordinance exempts certain
sites from the payment of concurrency fees, the proposed Ordinance is not expected to have a
negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
Page 289 of 1017
CONCURRENCY EXEMPTION —GU & CCC DISTRICTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY
CODE, BY AMENDING CHAPTER 122, "CONCURRENCY
MANAGEMENT," BY AMENDING SECTION 122-5,
"EXEMPTIONS FROM CONCURRENCY," TO EXEMPT USES
AT THE FOLLOWING CITY-OWNED FACILITIES FROM THE
CITY'S CONCURRENCY REQUIREMENTS: THE NORTH
SHORE BANDSHELL, THE RONALD W. SHANE
WATERSPORTS CENTER, AND THE MIAMI BEACH
BOTANICAL GARDEN; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") Land Development Regulations, at Chapter
122, establish the City's procedure for concurrency management; and
WHEREAS, Section 122-5 of the City Code creates exemptions from the City's
concurrency requirements for certain developments and uses; and
WHEREAS, such exempt developments and uses are not required to obtain a
preliminary concurrency determination or a final concurrency reservation certificate from the
City; and
WHEREAS, the Mayor and City Commission desire to amend the list of exemptions from
the City's concurrency requirements, to exempt uses at the following City-owned facilities from
the City's concurrency requirements: the North Shore Bandshell, the Ronald W. Shane
Watersports Center, and the Miami Beach Botanical Garden.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 122, "Concurrency Management," Section 122-5, "Exemptions
from concurrency," of the Land Development Regulations, is hereby amended to read as
follows:
CHAPTER 122
CONCURRENCY MANAGEMENT
*
*
*
Sec. 122-5. - Exemptions from concurrency.
The following types of development are not required to obtain a preliminary concurrency
determination or a final concurrency reservation certificate:
Page 290 of 1017
(1) Any development undertaken by the city that does not require a rezoning, does not
increase in intensity, does not have an associated change of use or that increases the city's
ability to provide essential services and facilities related to health and safety concerns (fire,
police, etc.).
(2) An application requesting modification(s) of a previously approved development order
where the concurrency management division has determined that the impacts on the prescribed
levels of service imposed by the requested modification(s) will be no greater than the impacts
imposed by the previously approved development order or the previously existing use.
(3) An application for the renovation of an historic structure, provided that the use of the
historic structure is not intensified.
(4) An application to develop a parcel of land for single family purposes if no change in the
zoning map is required to accommodate the development.
(5) An application for addition, renovation or reconstruction of a residential dwelling that
does not increase the number of dwelling units existing or approved for the property.
(6) An application for the construction of, an addition to or renovation of a guest house,
garage apartment or other similar accessory units on parcels zoned to permit such uses.
(7) An application for a development order for property which is subject to a valid
development order approved as a development of regional impact prior to January 1, 2000,
pursuant to F.S. Ch. 380.
(8) A valid, unexpired final development order approved prior to the adoption of this chapter.
rights-of-way, as determined by the City Commission by
(9) Temporary uses in public g y, Y Y
resolution, specifying g eo ra hic areas, criteria, and d uration of exemption,
where such uses front on or are north of 63ra Street, or on Washington Avenue from 6th Street to Lincoln Road.
(10) Uses at the North Shore Bandshell, the Ronald W. Shane Watersports Center, and the
Miami Beach Botanical Garden.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
Page 221 of 1017
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: July 13 ,12016
Second Reading: September 14 , 2016
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Strike through denotes deleted language
(Sponsored by Commissioner Michael Grieco)
T:\AGENDA\2016\September\Plannino\Concurrence Fee Exemption for GU Sites-2nd Read ORD.docxF:\PLAN\$PLB\201616 28
2016.docx
Page 2S2 of 1017
26NE I ( NEIGHBORS 061120112"�6&
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
AN ORDINANCE AMENDING
CONCURRENCY EXEMPTIONS - GU
(GOVERNMENT USE) AND
CCC (CIVIC AND CONVENTION
CENTER) DISTRICTS
NOVEMBER 99 2016
NOTICE'IS HEREBY given that a Second Reading,Public Hearing,will be heard by
the Mayor and City Commission of the City of Miami Beach, Florida,In the Commission
Chamber,3" Floor,City Hail, 1700 Convention Center Drive,Miami Beach, Florida,on
November 9,2016 at 10:10 a.m., or as soon'thereafter as the matter can be
heard,to consider the adoption of the following Ordinance:
AN ORDINANCE AMENDING THE CITY CODE, BY AMENDING CHAPTER 122,
"CONCURRENCY MANAGEMENT," BY AMENDING SECTION 122-5, "EXEMPTIONS
FROM CONCURRENCY," TO EXEMPT USES AT THE FOLLOWING CITY-OWNED
FACILITIES FROM.THE CITY'S CONCURRENCY REQUIREMENTS:THE NORTH SHORE
BANDSHELL, THE RONALD W. SHANE WATERSPORTS CENTER, AND THE MIAMI
BEACH BOTANICAL GARDEN; AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY,AND AN EFFECTIVE DATE
This Ordinance is being heard perrsuant to Section 118-164 of the City's Land Development
Code.Inquiries may be directed to the Planning Department at 305.67a 7550.
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,clothe
City Clerk, 1700'Convention Center Drive, 1" 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,1 x 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 286.0105, Fla. Stat., the City hereby advises the public that if a
person decides to appeal any derision 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
Ad 1235 City of Miami Beach
Page 293 of 1017