2017-29832 Reso 2017-29832
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 MIAMI BEACH
BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE,
MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR
THE CURRENT OPERATION AS A "HALL FOR HIRE," AS OPERATED BY
THE 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, 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 Miami Beach Botanical Garden 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 uses at the Miami Beach
Botanical Garden 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 Miami Beach Botanical Garden
located at 2000 Convention Center Drive, Miami Beach, from the City's concurrency
requirements for the current operation as a "hall for hire," as operated by the Miami Beach
Garden Conservatory, Inc.
PASSED and ADOPTED this 02h 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
11:15 a.m. Public Hearing
SUBJECT: CONCURRENCY WAIVER - MIAMI BEACH BOTANICAL GARDENS:
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 MIAMI BEACH
BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE,
MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS
FOR THE CURRENT OPERATION AS A"HALL FOR HIRE," AS OPERATED
BY THE MIAMI BEACH GARDEN CONSERVATORY, 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 waiver the
development regulations in the CCC District for the Miami Beach Botanical Gardens
(Resolution 2017-29742.)
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,
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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 Miami Beach Botanical Garden
(CCC) to become a fully licensed hall for hire, with all the licensures necessary to increase its
revenue streams 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. As the
facility is operated by a non-profit organization, it is important that it 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
D Form Approved Reso
D Ad
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M AM BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
CONCURRENCY WAIVER MIAMI BEACH BOTANICAL
GARDEN 2000 CONVENTION CENTER DRIVE
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, 3rd Floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on April 26, 2017 at 11:15 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
MIAMI BEACH BOTANICAL GARDEN LOCATED AT 2000 CONVENTION
CENTER DRIVE. MIAMI BEACH, FROM THE CITY'S CONCURRENCY
REQUIREMENTS FOR THE CURRENT OPERATION AS A "HALL FOR
HIRE,"AS OPERATED BY THE MIAMI BEACH GARDEN CONSERVATORY,
INC. This Resolution is being heard pursuant to Section 166.041 F.S.
Inquiries may be directed to the Planning Department at 30b.6/3./bb0.
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,
1st 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, 1st 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 266.0105, 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. Granado, City Clerk
City of Miami Beach
Ad 1292
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