2017-29831 Reso 2017-29831
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO
SECTION 122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF
THE CITY'S LAND DEVELOPMENT REGULATIONS, THE
EXEMPTION OF THE NORTH SHORE BANDSHELL, LOCATED AT
7251 COLLINS AVENUE, MIAMI BEACH, FROM THE CITY'S
CONCURRENCY REQUIREMENTS FOR THE CURRENT
OPERATION AS AN OUTDOOR ENTERTAINMENT SPACE AND
"HALL FOR HIRE," AS OPERATED BY THE RHYTHM
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 a management agreement from the City for the management 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 concurrency requirements; and
WHEREAS, on November 9, 2016, the Mayor and City Commission adopted
Section 122-5(10), of the City Code, to create an exemption waiver from the City's
concurrency requirements for uses at the city-owned North Beach Bandshell, Ronald W.
Shane Watersports Center, and the Miami Beach Botanical Garden; and
WHEREAS, the Rhythm Foundation, Inc., provides cultural and recreational
enhancements for the residents of the City and use the facility as its fundraising arm;
and
WHEREAS, the Mayor and City Commission desire to exempt the Rhythm
Foundation, Inc., a not-for-profit organization, utilizing the North Beach Bandshell facility
as an outdoor entertainment space and "hall for hire" from concurrency requirements.
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, authorize, pursuant to Section 122-5(10), "Exemptions From Concurrency,"
of the City's Land Development Regulations, the exemption of the North Shore
Bandshell, located at 7251 Collins Avenue, Miami Beach, from the City's concurrency
requirements for the current operation as an outdoor entertainment space and and "hall
for hire," as operated by the Rhythm Foundation, Inc.
PASSED and ADOPTED this c2 day of April, 2017.
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26, 2017
11:10 a.m. Public Hearing
SUBJECT: CONCURRENCY WAIVER - NORTH SHORE BANDSHELL:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION
122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND
DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE NORTH
SHORE BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI
BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE
CURRENT OPERATION AS AN OUTDOOR ENTERTAINMENT SPACE AND
"HALL FOR HIRE,"AS OPERATED BYTHE RHYTHM FOUNDATION, INC.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Resolution.
ANALYSIS
BACKGROUND
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 by resolution
(Ordinance No. 2016-4053.)
On February 8, 2017, the Mayor and City Commission passed a resolution to waive the
development regulations in the GU Zoning District for the North Beach Bandshell (Resolution
2017-29743.)
On March 1, 2017, the Transit Master Plan and Concurrency Comprehensive Plan Amendment
was adopted (Ordinance 2017-4074). This amendment allows the City Commission to waive
concurrency requirements in GU district, in a manner consistent with the Comprehensive Plan
ANALYSIS
Concurrency is a one-time fee that 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,
Page 1137 of 1596
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 ten
specific exemptions from obtaining a preliminary concurrency determination or a final
concurrency reservation certificate. The tenth exemption is as follows:
(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.
The proposed resolution is intended to facilitate the ability of the North Beach Bandshell (GU)
to become a fully licensed entertainment venue and hall for hire, with all the licensures
necessary for fundraising purposes.
The proposed amendment would exempt uses from concurrency review and paying a
concurrency fee, which would significantly decrease costs to the operating organization. The
facility, which is operated by a non-profit organization, seeks to 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 ordinance amendment to
the City Commission with a favorable recommendation that created the ability to grant a
concurrency exemption for uses at certain city-owned facilities.
SUMMARY
The proposed resolution is consistent with the Goals, Objectives, and Policies of the
Comprehensive Plan.
CONCLUSION
The Administration recommends that the City Commission that the City Commission adopt the
Resolution.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
❑ Form Approved Reso
D Ad
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`i 'r AMU
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M AM BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
CONCURRENCY WAIVER
NORTH SHORE BANDSHELL
7251 COLLINS AVENUE
APRIL 26, 2017
NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and
City Commission of the City of Miami Beach,Florida,in the Commission Chambers,
3"' Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
April 26,2017 at 11:10 a.m.,or as soon thereafter as the matter can be heard,to
consider the adoption of the following Resolution:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION
122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND
DEVELOPMENT REGULATIONS,THE EXEMPTION OF THE NORTH SHORE
BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH,
FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT
OPERATION AS AN OUTDOOR ENTERTAINMENT SPACE AND"HALL FOR
HIRE,"AS OPERATED BY THE RHYTHM FOUNDATION,INC. This Resolution
is being heard pursuant to Section 166.041 F.S. Inquiries may be directed to
the Planning Department at 305.673.7550.
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,
c/o the City Clerk, 1700 Convention Center Drive, lel 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'' 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 decision 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.Granath:), City Clerk
City of Miami Beach
Ad 1299
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