2017-29743 Reso RESOLUTION NO. 2017-29743
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 142-425
OF THE CITY'S CODE, THE WAIVER OF CERTAIN REGULATIONS
APPLICABLE TO THE NORTH SHORE BANDSHELL, LOCATED AT 7251
COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE
OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE
DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT,
WHICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423,
ENTITLED "MAIN PERMITTED USES," AND "PRIVATE USES," IN ORDER
TO WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD
IMPACT ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT
ESTABLISHMENT FOR THE CURRENT OPERATION OF THE BANDSHELL
FACILITY AND A HALL FOR HIRE LOCATED AT THE CITY-OWNED NORTH
SHORE BANDSHELL, OPERATED BY THE RYTHEM FOUNDATION INC.
WHEREAS, the North Shore Bandshell was designed, built and constructed as an
outdoor entertainment space in 1961; and
WHEREAS, between 2011 and 2014 the North Shore Bandshell and the surrounding
park underwent significant renovations; and
WHEREAS, the Rhythm Foundation, Inc. a not-for-profit organization was awarded the
management agreement for the facility in 2014; and
WHEREAS, many of the programs and events in the North Beach Bandshell are free
and open to the public; and
WHEREAS, one of the North Beach Bandshell's funding sources is the rental of the
facility as a hall for hire to host music events 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 North Beach Bandshell is located at 7251 Collins Avenue within the
Government Use (GU) zoning district and is subject to the City's Land Development
Regulations; and
WHEREAS, as a result of the overall size of the North Shore Bandshell, 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 GU zoning district provides for a waiver of land development
regulations under certain conditions; and
WHEREAS, pursuant to Section 142-425(d) 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 June 28, 2016, the Planning Board transmitted to the City Commission a
favorable recommendation of the waiver for the North Shore Bandshell; 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 land development
regulations.
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 142-425 (d) of the City's Code, authorize the waiver of certain regulations applicable to
North Shore Bandshell, located at 7251 Collins Avenue, Miami Beach, Florida; waiving by a
5/7th vote of the City Commission, after public hearing, the development regulations in a GU
(Government Use) Zoning District, which regulations are found at section 142-422 and 142-423,
entitled "Main Permitted Uses," and "Private Uses," in order to waive the requirements relating
to neighborhood impact establishments and outdoor entertainment establishments.
PASSED and ADOPTED this 8 day of February ry , 2017.
ATTEST: PH 15 L 1°1' , MAYOR
/ji2.-kin APPROVED AS TO
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RAFAEL E. GRANADO, CITY CLERK .,'1 Bp�111y
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Resolutions - R7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
11:05 a.m. Public Hearings
SUBJECT: 1. BANDSHELL RESOLUTION A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PURSUANT TO SECTION 142-425 OF THE CITY'S CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE NORTH SHORE BANDSHELL,
LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAIVING BYA
5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE
DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT,
WHICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423,
ENTITLED "MAIN PERMITTED USES," AND "PRIVATE USES," IN ORDER TO
WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT
ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT
FOR THE CURRENT OPERATION OF THE BANDSHELL FACILITY AND A HALL
FOR HIRE LOCATED AT THE CITY-OWNED NORTH SHORE BANDSHELL,
OPERATED BY THE RHYTHM FOUNDATION, INC.
2. SHANE WATERSPORTS RESOLUTION A RESOLUTION OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PURSUANT TO SECTION 142-425 OF THE CITY'S CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE RONALD W. SHANE
WATERSPORTS CENTER, LOCATED AT 6550 INDIAN CREEK DR, MIAMI
BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION,
AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU
(GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT
SECTION 142-422 AND 142-423, ENTITLED "MAIN PERMITTED USES," AND
"PRIVATE USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A
NEIGHBORHOOD IMPACT ESTABLISHMENT FOR THE CURRENT OPERATION
OF THE A HALL FOR HIRE LOCATED AT THE CITY-OWNED RONALD W.
SHANE WATERPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY
MIAMI BEACH WATERSPORTS, INC.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Resolutions.
ANALYSIS
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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.At the time of this action, the North Shore Oceanfront Center indicated
that they would not be requesting such a waiver.
On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred
waivers pertaining the Bandshell and Shane Watersports Center to the Planning Board for review,
pursuant to Section 142-425(d) of the City Code (Item C4H.) On June 28, 2016, the Planning Board
transmitted waivers for the North Beach Bandshell and the Ronald W. Shane Watersports Center to
the City Commission with favorable recommendations.
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. A separate waiver for concurrency will be brought to the City Commission on
April 26, 2017.
BACKGROUND
North Beach Bandshell
The North Beach Bandshell was designed, built and constructed as an outdoor entertainment space
in 1961 and is located in the North Shore National Register District. Between 2011 and 2014 the
Bandshell and the surrounding park underwent significant renovations. In 2014, there was a
recommendation, from the Mayor's Blue Ribbon Panel on North Beach to issue an RFP for the
management of the North Shore Bandshell. The Rhythm Foundation, a not-for-profit organization,
was awarded the management agreement for the facility.
In order for The Rhythm Foundation to formalize its licensing requirements for the operation of the
North Shore Bandshell and obtain a Business Tax Receipt (BTR) for a concert venue, hall for hire,
dance and entertainment establishment, and apply for an alcoholic beverage license from the State, it
must seek a waiver of the Land Development Regulations (LDR's) regarding Neighborhood Impact
Establishments (NIE) and outdoor entertainment establishments from the City Commission pursuant to
Section 142-425(d)of the City Code.
Ronald W Shane Watersports Center
Miami Beach Watersports Center Inc. is a not-for-profit organization located at 6500 Indian Creek
Drive in the Ronald W. Shane Watersports Center. The original structure was constructed in 1993 as
a one story boathouse affiliated with the Jewish Community Center (JCC). A second floor to the
facility was added in 2003 by Miami Beach Watersports Center Inc. The current operators have a
Business Tax Receipt (BTR) for an office, boat docks, storage yard, and hall for hire (RL05000973).
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Primarily, the second floor of the structure is used to host events including weddings, social events,
fundraisers and meetings.
In order for Miami Beach Watersports Center Inc. to formalize its licensing requirements for its current
operation, add to its Business Tax Receipt (BTR) dance and entertainment, and apply for an alcoholic
beverage license from the State, it must seek a waiver of the Land Development Regulations (LDR's)
from the City Commission for being a Neighborhood Impact Establishment (ME) pursuant to Section
142-425(d) of the City Code. As a point of clarification, the Ronald W. Shane Watersports Center is
not proposing outdoor entertainment.
PLANNING ANALYSIS
North Beach Bandshell
The Rhythm Foundation is not requesting any expansion of its current programming. In the past, the
musical events staged at the Bandshell were authorized through the Special Events process which
allowed the City Manager to waive the zoning requirements for each event. The purpose of the
proposed waiver of the zoning requirements for an NIE and outdoor entertainment is to formalize the
operation of the Bandshell through a BTR for a concert venue with an accessory hall for hire. The
hall for hire services would include, but not be limited to the following activities: catering, equipment
rental, alcoholic beverages service, and dance and entertainment.
The Bandshell meets the threshold of an NE, as the capacity of the facility exceeds 200 persons,
and also is an outdoor open air entertainment establishment (see definitions at the end of the
analysis.) The City Commission can waive the conditional use requirements for GU properties
pursuant to Section 142-425 (d).
Ronald W. Shane Watersports Center
The Ronald W. Shane Watersports Center was designed, built and constructed as a sports and
recreation center. The purpose of the second story addition was to accommodate events and
meeting spaces. The Miami Beach Watersports Center 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 is able to obtain a BTR for all of the services covered in the normal
operation of an accessory hall for hire, such as: catering, equipment rental, alcoholic beverages
service, and dance and entertainment.
The Ronald W. Shane Watersports Center meets the threshold criteria of an NIE, as the capacity of
the facility exceeds 200 persons with dance and entertainment. The City Commission can waive the
conditional use requirements for GU properties pursuant to Section 142-425 (d).
Sec. 142-1361.-Definitions.
Entertainment means any live show or live performance or music amplified or nonamplified. Exceptions: Indoor
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
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establishment or dance hall (as defined in section 114-1), vuth 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 Mich provides outdoor entertainment
as defined in this section.
Section 142-425(d) of the City Code, sets forth a provision that the City Commission may waive by
five sevenths 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."
PLANNING BOARD REVIEW
On June 28, 2016, the Planning Board (by a 5-0 vote) transmitted both of the proposed waivers to
the City Commission with a favorable recommendation.
CONCLUSION
The Administration recommends that the City Commission adopt the Resolutions.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
❑ Form Approved Reso- Bandshell
❑ Form Approved Reso- Shane
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