2017-29862 Reso RESOLUTION NO. 2017-29862
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.
WHEREAS, the Ronald W. Shane Watersports Center was built and constructed
as boathouse in 1993; and
WHEREAS, in 2003 the a second floor to the facility was added by Miami Beach
Watersports Center, Inc.; and
WHEREAS, the Miami Beach Watersports Center Inc. a not-for-profit
organization which leases the land from the City of Miami Beach; and
WHEREAS, many of the Ronald W. Shane Watersports Center community
events in the are free and open to the public; and
WHEREAS, one of the Ronald W. Shane Watersports Center funding sources is
the rental of the facility as a hall for hire to host events including weddings, social events,
fundraisers and meetings; 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 Ronald W. Shane Watersports Center is located at 6500 Indian
creek Drive 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 Ronald W. Shane Watersports
Center, the facility meets the threshold of a Neighborhood Impact Establishment (NIE),
as the capacity of the facility exceeds 200 persons; 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 Ronald W. Shane
Watersports Center; 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 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 Ronald W. Shane Watersports Center, located at 6500
Indian Creek Drive, 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 with the following conditions:
1. The Occupant Load of the second floor air-conditioned portion of the facility (hall
for hire space) shall not exceed 495 persons.
2. No outdoor hall-for-hire uses shall be permitted, and all hall-for-hire activities
and events shall take place within the fully enclosed two-story
building. However, passive activities on the terrace, associated with indoor
activities and events, which do not include entertainment, may be permitted.
3. No outdoor speakers shall be permitted.
4. All hall-for-hire activities and events shall cease no later than 12:00 am. Clean-
up and disassembly may take place until 3:00 am.
5. The rental of motorized watercraft shall be prohibited.
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 17, 2017
1:30 p.m. Public Hearing
SUBJECT: 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 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 Resolution.
ANALYSIS
HISTORY
On October 14, 2015, the Mayor and the City Commission referred an item to the Land Use
and Development Committee (LUDO) 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 (Sponsored By Commissioner Michael Grieco, 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, the City Commission referred the waivers to the Planning Board for
review, pursuant to Section 142-425(d)of the City Code (Sponsored By Commissioner Michael
Grieco, Item C4H.) On June 28, 2016, the Planning Board transmitted to the City Commission
favorable recommendations of the waivers for the North Beach Bandshell and the Ronald W.
Shane Watersports Center.
Page 653 of 878
On February 8, 2017, the Mayor and City Commission referred the GU waiver to the
Neighborhood/Community Affairs Committee for review. On March 17, 2017, the
Neighborhood/Community Affairs Committee discussed the item and transmitted it back to the
City Commission with a favorable recommendation of the GU waiver for the Ronald W. Shane
Watersports Center.
BACKGROUND
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
I nc. The current operators have a Business Tax Receipt (BTR) for an office, boat docks,
storage yard, and hall for hire (RL-05000973). 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 (NI E) 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
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 NI E 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 NI E, 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 with 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), with an occupant content of 300 or
more persons as determined by the chief fire marshal; or
(2 ) An alcoholic beverage establishment or restaurant, which is also operating as an
entertainment establishment or dance hall (as defined in section 114-1), with an occupant
Page 654 of 878
content of 200 or more persons as determined by the chief fire marshal.
***
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 the proposed waivers to the
City Commission with a favorable recommendation.
UPDATE
On April 26, 2017, the City Commission considered the subject Resolution and continued the
item to a date certain of May 17, 2017. At the request of the City Commission, and to address
the concerns of adjacent residents, the Resolution has been updated to formally include the
following existing operational standards and conditions:
1 . The Occupant Load of the second floor air-conditioned portion of the facility (hall for
hire space) shall not exceed 495 persons.
2 . No outdoor hall-for-hire uses shall be permitted; all hall-for-hire activities and events
shall take place within the fully enclosed two-story building.
3. No outdoor speakers shall be permitted.
4. All hall-for-hire activities and events shall cease no later than 12:00 am. Clean-up and
disassembly may take place until 3:00 am.
CONCLUSION
The Administration recommends that the City Commission adopt the Resolution.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
o Form Approved Reso
o Ad
Page 655 of 878
ititta NEIGH13010 MIAMIHOMOCOM
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
WAIVING REQUIREMENTS RELATING
TO NEIGHBORHOOD
IMPACT ESTABLISHMENT FOR OPERATION
OF HALL FOR HIRE AT
RONALD W. SHANE WATERPORTS CENTER
6500 INDIAN CREEK DRIVE
MAY 17, 2017
NOTICE IS HEREBY g ye.- P.nric Heatimg W DO-0ECC ny:oo Mayo-aitic City Coiiiiu.sstti-0'
the :y o'fi,lr-toi Beach Flo, iir toe Co ss et'Cnan-ba-s 3 f F C:4'Haii. 1700 Cerveirt 0-
Ceti:a- D'ye. MOO:, BP,J_Ch, Forae," May 17,2017 at 1;30 p.m. or OS SOOrr. .Tereaner as
auto'c - -.0 co-is nor tiie adopt 0-0"tre'0 loving Resit...ino-:
1:30 p.m.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.
FLORIDA, AUTHORIZING PURSUANT TO SECTION 142-125 OF THE CITY'S CODE.
THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE RONALD W SHANE
WATERSPORTS CENTER. LOCATED AT 0550 INDIAN CREEK DR, MIAMI BEACH, FLORIDA,
WAIVING BY A 57TH 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 142423,ENTITLED"MAIN PERMITTED
USES."AND "PRIVATE USES,) IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO
A NEIGHBORHOOD IMPACT ESTABL ISHtv1ENT 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
This Resolution is being heard pursuant to Section 166.041 ES Inquiries may be directed to the,.
Planning Department at 305.673.7550.
INTERESTED PARTIES are iovited re appear Or this meeurd, Or de represented oy a- agoot.
or to express Theo views in writiog addressed to toe City Corthoission, cto to City Clot& 1700
Convertor: Center Dove, 1' Eioor, Coy Miami Bean', Florida 3,3139 Ths item s .avalse.e
for oustress roars in mo Office el toe Coy Cleht, 1700 COrWO'0</r,
Center Drive, 1l'Poor.City Haii,Mkami BCZCO,Fence_33139.This"T00:09,Or any to., heroin,rray
DC C0OD0O00, UoCOr Cr'Co ms:arlc-c5,accitional loge,701O0 oboe,'.0L DO provicec.
Purst.:ant to Section 286.0105,Fla.Stat..me City hereby advises the buena,Mat if a person decides;
to appeal any decision i"ado by the City Commission with respect to any matter considered at its
mootIng or Ts hearing,such poison;host eTstire'Plat a verbatim record of toe proceedings s made,
which record incudes the testimony anc evidence upon whIch the appeal Is to be based,This not:co
does not constitele corsent oy the City for the introduction or admission of otherwise inadmissible
or irrelevant evidence,nor does rt aptoonze creel enges or appeals not otherviase ailed by
To request this material in alternate format, sign iargeage mterpreter (five-day notice requ)red),
intern-tenon on access for persons Witt disablites, and/or arty accommodation to review
(-Mourner( or participate ro any Cly-spersorec proceedings, call 305,604.2459 sad Select 1 for
English or 2 for Spanish,then option 6;TTY users may call‘ca 711 Fonda( Relay Service).
Rafael E.Granado,City Clork
City of ruliaMi Beach
Ad 1317
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