2017-29742 Reso RESOLUTION NO. 2017-29742
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING, PURSUANT TO
SECTION 142-367 OF THE CITY'S CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE MIAMI BEACH
BOTANICAL GARDEN, LOCATED AT 2000 CONVENTION CENTER
DRIVE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF
THE CITY COMMISSION, AFTER PUBLIC HEARING, THE
DEVELOPMENT REGULATIONS IN A CCC (CONVENTION CENTER)
DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-
362 AND 142-363, ENTITLED "MAIN PERMITTED USES," AND
"CONDITIONAL USES," IN ORDER TO WAIVE THE
REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT
ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT
ESTABLISHMENT FOR THE CURRENT OPERATION OF A HALL
FOR HIRE LOCATED AT THE MIAMI BEACH BOTANICAL GARDEN,
OPERATED BY 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, as a result of the overall size of the Miami Beach Botanical Garden,
the facility meets the threshold of a Neighborhood Impact Establishment (NIE), as the
capacity of the facility exceeds 200 persons, and also is an outdoor open air
entertainment establishment; and
WHEREAS, in the CCC zoning district provides for a waiver of land development
regulations under certain conditions; and
WHEREAS, pursuant to Section 142-367 of the Land Development Regulations,
the City Commission may waive, by five sevenths (5/7ths) vote, following a public
hearing, development regulations "pertaining to governmental owned or leased
buildings, uses and sites which are wholly used by, open and accessible to the general
public, or used by not-for-profit, educational, or cultural organizations, or for convention
center hotels, or convention center hotel accessory garages, or city utilized parking lots,
provided they are continually used for such purposes;" and
WHEREAS, on September 27, 2016, the Planning Board transmitted to the City
Commission a favorable recommendation of the waiver for the Miami Beach Botanical
Garden; and
WHEREAS, on November 9th, 2016, the Mayor and City Commission approved
an ordinance that created a concurrency exemption for uses at the city-owned North
Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical
Garden (Ordinance No. 2016-4053.); and
WHEREAS, the Mayor and City Commission desire to waive the district
regulations for the Botanical Garden's events and functions.
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, pursuant to Section 142-367 of the City's Code, authorize the waiver of
certain regulations applicable to Miami Beach Botanical Garden, located at 2000
Convention Center Drive, Miami Beach, Florida; waiving by a 5/7th vote of the City
Commission, after public hearing, the development regulations in a CCC (Convention
Center) District, which regulations are found at section 142-362 and 142-363, entitled
"Main Permitted Uses," and "Conditional Uses," in order to waive the requirements
relating to neighborhood impact establishments and outdoor entertainment
establishments.
PASSED and ADOPTED this 8 day of Fe brit a ry , 2017.
PHILIIP !' E, MAYOR
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
11:00 a.m. Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 142-367 OF THE CITY'S
CODE,AUTHORIZING THE WAIVER OF CERTAIN REGULATIONS APPLICABLE
TO THE MIAMI BEACH BOTANICAL GARDEN, LOCATED AT 2000
CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA; WAIVING BYA 5/7TH
VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE
DEVELOPMENT REGULATIONS IN A CCC (CONVENTION CENTER) DISTRICT,
WHICH REGULATIONS ARE FOUND AT SECTION 142-362 AND 142-363,
ENTITLED "MAIN PERMITTED USES," AND "CONDITIONAL USES," IN ORDER
TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT
ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT
FOR THE CURRENT OPERATION OF A HALL FOR HIRE LOCATED AT THE
MIAMI BEACH BOTANICAL GARDEN OPERATED BY MIAMI BEACH GARDEN
CONSERVATORY, INC.
RECOMMENDATION
The Administration recommends that the City Commission Open adopt the Resolution.
ANALYSIS
HISTORY
On October 14, 2015, the Mayor and the City Commission, at the request of Commissioner Michael
Grieco, referred an item to the Land Use and Development Committee (LUDC) regarding a land use
amendment to permit the selling of alcoholic beverages at the following locations: North Shore
Bandshell, Shane Rowing Center, and the Miami Beach Botanical Garden (Item C4G.) On January 20,
2016, the LUDC recommended that the City Commission consider four waivers regarding alcoholic
beverage regulations for the North Shore Bandshell, Shane Rowing Center, Botanical Garden, and
North Shore Oceanfront Center.
On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred
the waivers pertaining to the Botanical Gardens to the Planning Board for review, pursuant to Section
142-425(d) of the City Code (Item C4H.) On September 27, 2016, the Planning Board transmitted a
waiver for the Miami Beach Botanical Garden to the City Commission with a favorable
recommendation.
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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 (Ordinance No. 2016-4053).
This Ordinance, however, is subject to an amendment to the City's Comprehensive Plan, which is
currently pending before the City Commission as part of a Comprehensive Plan Amendment for the
Transit Master Plan. The concurrency waiver for the Botanical Garden is expected to go before the
City Commission on April 26, 2017.
BACKGROUND
The Miami Beach Botanical Garden located at 2000 Convention Center Drive recently underwent a
planned renovation that included a multi-use activity space and a large lawn area. 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. The garden is free and open to the public.
It also hosts many community oriented events, workshops and classes.
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. They
currently have a Business Tax Receipt (BTR) for hall for hire (BTR000827-05-2016). In order for the
Miami Beach Garden Conservatory, Inc., to formalize its licensing requirements for its current
operation, add to their Business Tax Receipt (BTR) dance and entertainment, and apply for an
alcoholic beverage license from the State, they must seek a waiver of the Land Development
Regulations (LDR's) from the City Commission for being a Neighborhood Impact Establishment (NIE)
and an outdoor entertainment establishment.
The city owned facility is located in the Convention Center District (CCC) and, as per Section 142-
367 of the City Code, the City Commission may waive by five sevenths vote (5/7ths), following a
public hearing, development regulations"pertaining to governmental owned or leased buildings, uses
and sites which are wholly used by, open and accessible to the general public, or used by not-for-
profit, educational, or cultural organizations, or for convention center hotels, or convention center
hotel accessory garages, or city utilized parking lots, provided they are continually used for such
purposes."
PLANNING ANALYSIS
The Miami Beach Botanical Garden was designed, built and constructed as a recreation and event
space. The purpose of the Banyan Room, the outdoor patio area, and the great lawn was to
accommodate events and meetings. The Miami Beach Garden Conservatory Inc. is only formalizing
its current operations and not requesting any expansion to its current programming. The purpose of
the proposed waiver of the zoning requirements for an NIE and outdoor entertainment establishment
is for the Miami Beach Botanical Garden to obtain a BTR for all of the services covered in the normal
operation of a hall for hire, such as catering, equipment rental, alcoholic beverages service, and
dance and entertainment.
The/Miami Beach Botanical Garden meets the threshold of an NIE, as the capacity•of the facility
exceeds 200 persons, and also is an outdoor open air entertainment establishment (see definitions
below.)
Sec. 142-1361.-Definitions.
Entertainment means any live showor live performance or music amplified or nonamplified. Exceptions: Indoor
Page 636 of 873
movie theater;big screen television and/or background music, amplified or nonamplified,played at a volume that
does not interfere wth normal conversation.
Neighborhood impact establishment means:
(1) An alcoholic beverage establishment or restaurant, not also operating as an entertainment
establishment or dance hall (as defined in section 114-1), wth an occupant content of 300 or more
persons as determined by the chief fire marshal;or
(2) An alcoholic beverage establishment or restaurant, Mich is also operating as an entertainment
establishment or dance hall (as defined in section 114-1), wth an occupant content of 200 or more
persons as determined by the chief fire marshal.
***
Outdoor entertainment establishment means a commercial establishment vthich provides outdoor entertainment
as defined in this section.
The Botanical Gardens has indicated that only events sponsored by the Botanical Gardens would be
subject to the NIE waiver.
PLANNING BOARD REVIEW
On September 27, 2016, the Planning Board (by a 7-0 vote) transmitted the proposed waiver to the
City Commission with a favorable recommendation.
CONCLUSION
The Administration recommends that the City Commission adopt the Resolution.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
❑ Form Approved Reso
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