Ordinance 99-3202 ORDINANCE NO. 99-3202
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS",BY AMENDING
ARTICLE II, ENTITLED "DISTRICT REGULATIONS", BY AMENDING
DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT", BY
AMENDING SECTION 142-421,ENTITLED "PURPOSE",BY PROVIDING
THAT ANY LAND OR AIR RIGHTS OWNED BY OR LEASED TO THE
CITY OR OTHER GOVERNMENTAL AGENCY FOR AN INITIAL TERM
NO LESS THAN TWENTY (20) YEARS SHALL AUTOMATICALLY
CONVERT TO A GU GOVERNMENT USE DISTRICT; AND BY
AMENDING SECTION 142-425, ENTITLED "DEVELOPMENT
REGULATIONS", BY AMENDING SUBSECTION (d) THEREOF TO
PROVIDE FOR AN ADDITIONAL EXCEPTION FOR NOT-FOR-PROFIT,
EDUCATIONAL, OR CULTURAL ORGANIZATIONS; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER AND AN EFFECTIVE
DATE.
WHEREAS, Section 142-421 of the Miami Beach City Code provides that any lands or air
rights owned by or leased to the City or other governmental agency shall automatically convert to
a GU Government Use District; and
WHEREAS, Section 142-425(d)of the Miami Beach City Code provides that, following a
public hearing, the development regulations in the GU Government Use District, except for the
historic preservation design review processes, may be waived by a 5/7ths vote of the City
Commission for developments pertaining to governmental owned or leased buildings,uses and sites
which are wholly used by,open and accessible to the general public,and for convention center hotels
and convention center hotel accessory garages and city utilized parking lots, provided they are
continually used for such purposes; and
WHEREAS,the Administration would recommend that the GU Government Use District
classification, as set forth in Section 142-421 of the City Code, be amended to specifically provide
for the conversion to a GU Government Use District only for land or air rights owned by or leased
to the City or other governmental agency, in the event of leases having no less than an initial term
of twenty (20)years; and
WHEREAS,the Administration would further recommend that the waiver of development
regulations, as provided in Section 142-425(d) of the City Code, and subject to the procedures
therein, be extended to include uses by not-for-profit educational, or cultural organizations.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-421, entitled "Purpose" of Chapter 142, entitled "Zoning Districts
and Regulations", of the Miami Beach City Code is hereby amended as follows:
Section 142-421. Purpose.
Any land or air rights owned by or leased to the city or other
governmental agency for no less than an initial term of twenty (20)
years shall automatically convert to a GU government use district.
SECTION 2. That Section 142-425, entitled "Development regulations" of Chapter 142, entitled
"Zoning Districts and Regulations", of the Miami Beach City Code is hereby
amended as follows:
Section 142-425. Development regulations.
(d) Following a public hearing, the development regulations required by
these land development regulations, except for the historic preservation and design
review processes,may be waived by a five-sevenths vote of the city commission for
developments 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,and or for convention center hotels,
and or convention center hotel accessory garages, and or city utilized parking lots,
provided they are continually used for such purposes. Notwithstanding the above,
no GU property may be used in a,manner inconsistent with the comprehensive plan.
In all cases involving the use of GU property by the private sector, or joint
government/private use, development shall conform to all development regulations
in addition to all applicable sections contained in these land development regulations
and shall be reviewed by the Planning Board prior to approval by the City
Commission. All such private or joint government/private uses are allowed to apply
for any permittee variances. Private or joint government/private uses shall not be
eligible to waive any regulations as described in this paragraph;;-, except for not-for-
profit, educational, or cultural organizations as set forth herein.
* * *
SECTION 3. SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
2
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach,Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
•
repealed.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 27th day of September , 1999.
PASSED and ADOPTED this 17th day of September , 1999.
ATTEST: MAYOR
CITY CLERK
RJAUcw(F:\ATTO\AGUR\RESOS\GUDEVREG.AMD) APPROVED AS TO
1st reading 6/23/99 FORM & LANGUAGE
2nd reading 9/17/99 & FOR EXECUTION
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3
CITY OF MIAMI B E -A C H
NOTICE OF PUBLIC HEARINGS _ "
NOTICE IS HEREBY given that public hearings will be held 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 Wednesday, July 7, 1999, at the times listed below, to consider
the adoption of the following ordinances :
at 10:30 a.m. :
AN ORDINANCE AMENDING THE MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED
"ADMINISTRATION" , ARTICLE III, SECTION 2-31 (D) THEREOF AMENDING THE
COMPOSITION OF THE ,BARRIER-FREE ENVIRONMENT COMMITTEE BY REDUCING THE NUMBER
OF VOTING MEMBERS FROM NINE TO FIVE; PROVIDING FOR CODIFICATION
SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Public Works Department at (305) 673-7080 .
(OPENED AND CONTINUED TO SEPTEMBER 14, 1999 AT 2:30 P.M. )
r—;t 11:00 a.m. : (Opened and Continued to July 21, 1999 at 11:00 a.m. )
AN ORDINANCE AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS" , BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS" , BY
AMENDING DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT" , BY AMENDING
SECTION 142-421, ENTITLED "PURPOSE" , BY PROVIDING THAT ANY LAND OR AIR
RIGHTS OWNED BY OR LEASED TO THE CITY OR OTHER GOVERNMENTAL AGENCY FOR AN
INITIAL TERM NO LESS THAN TWENTY (20) YEARS SHALL AUTOMATICALLY CONVERT TO
A GU GOVERNMENT USE DISTRICT; AND BY AMENDING SECTION 142-425, ENTITLED
"DEVELOPMENT REGULATIONS" , BY AMENDING SUBSECTION (D) THEREOF TO PROVIDE FOR
AN ADDITIONAL EXCEPTION FOR NOT-FOR-PROFIT EDUCATIONAL, CULTURAL, OR QUASI
PUBLIC ORGANIZATIONS; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER AND
AN EFFECTIVE DATE.
INQUIRIES may be directed to the Planning Department at (305) 673-7550 .
All persons 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 . Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk' s Office .
The hearing on these Ordinances may be continued at this meeting and under
such circumstances, additional legal notice would 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 inadmissable or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no
later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE) , for assistance.
366
C: 1 T Y OF MIAMI B E A C H
NOTICE OF PUBLIC HEARINGS _ "
•
NOTICE IS HEREBY given that public hearings will be held 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 Wednesday, July 7, 1999, at the times listed below, to consider
the adoption of the following ordinances :
at 10:30 a.m. :
AN ORDINANCE AMENDING THE MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED
• "ADMINISTRATION" , ARTICLE III, SECTION 2-31 (D) THEREOF AMENDING THE
COMPOSITION OF THE ,BARRIER-FREE ENVIRONMENT COMMITTEE BY REDUCING THE NUMBER
OF VOTING MEMBERS FROM NINE TO FIVE; PROVIDING FOR CODIFICATION
SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Public Works Department at (305) 673-7080 .
(OPENED AND CONTINUED TO SEPTEMBER 14, 1999 AT 2:30 P.M. )
�t 11:00 a.m. : (Opened and Continued to July 21, 1999 at 11:00 a.m. )—�
AN ORDINANCE AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS" , BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS" , BY
AMENDING DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT" , BY AMENDING
SECTION 142-421, ENTITLED "PURPOSE" , BY PROVIDING THAT ANY LAND OR AIR
RIGHTS OWNED BY OR LEASED TO THE CITY OR OTHER GOVERNMENTAL AGENCY FOR AN
INITIAL TERM NO LESS THAN TWENTY (20) YEARS SHALL AUTOMATICALLY CONVERT TO
A GU GOVERNMENT USE DISTRICT; AND BY AMENDING SECTION 142-425, ENTITLED
"DEVELOPMENT REGULATIONS" , BY AMENDING SUBSECTION (D) THEREOF TO PROVIDE FOR
AN ADDITIONAL EXCEPTION FOR NOT-FOR-PROFIT EDUCATIONAL, CULTURAL, OR QUASI
PUBLIC ORGANIZATIONS; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER AND
AN EFFECTIVE DATE.
INQUIRIES may be directed to the Planning Department at (305) 673-7550 .
All persons 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 . Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk' s Office .
The hearing on these Ordinances may be continued at this meeting and under
such circumstances, additional legal notice would 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 inadmissable or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no
later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE) , for assistance.
Baa
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. 3 3-99
TO: Mayor Neisen O.Kasdin and DATE: September 14,1999
Members of the City C' iv'ssion
FROM: Sergio Rodriguez
•
City Manager 1
14
SUBJECT: Second.Rea i ing Public Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Chapter 142,
Entitled "Zoning Districts and Regulations",by Amending Article II,Entitled
"District Regulations", by Amending Division 9,Entitled "GU Government
Use District",by Amending Section 142-421,Entitled"Purpose",by Providing
That Any Land or Air Rights Owned by or Leased to the City or Other •
Governmental Agency for an Initial Term No less than Twenty (20) Years
Shall Automatically Convert to a GU Government Use District; and by
Amending Section 142-425, Entitled "Development Regulations", by
Amending Subsection(D)Thereof to Provide for an Additional Exception for
Not-For-Profit Educational, Cultural, or Quasi Public Organizations;
Providing for Severability; Codification; Repealer and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
BACKGROUND
This proposed amendment to the Land Development Regulations (LDR s) of the City Code to
modify the regulations pertaining to waiver of development regulations in the GU Government Use
District classification for land or air rights owned by or leased to the City or other governmental
agency,in the event of leases having an initial term of no less than twenty(20)years and to include
uses by not-for-profit educational, cultural, or quasi public organizations was referred to the
Planning Board by the City Commission on May 12, 1999.
At its May 25, 1999 meeting, the Planning Board voted unanimously to approve the proposed
amending ordinance, but with additional modifications essentially limiting the provisions of the
ordinance to the site of the Miami City Ballet only, and limiting any waiver of development
regulations for a maximum of three(3)years.
At its June 23, 1999 meeting, the City Commission voted 5-0 to approve on first reading the
originally drafted Administration version of the proposed ordinance, as opposed to the Planning
AGENDA ITEM 5 C.
DATE 9"1"1— 1 1
359
Board recommended version, and it is this original version that is before the Commission today.
At its July 21, 1999 meeting,the Commission voted to open and continue the second reading public
hearing to September 14, 1999,and the the matter is now before the Commission today for second
reading public hearing and adoption.
ANALYSIS
The need for this request has been precipitated as part of the efforts to establish a Cultural Campus
in the Collins Park area of the City of Miami Beach. On June 18, 1997, the City Commission
approved a preliminary site plan and funding strategy for the creation of the Cultural Campus in
the vicinity of and including Collins Park. The Bass Museum is located at the west end of Collins
Park and the expansion of that facility was considered to enhance the overall concept of the
Cultural Campus. It was envisioned that in addition to the expanded Bass Museum which had been
contemplated since 1993, the Cultural Campus would include a regional library,the new home of
the Miami City Ballet and a 400-space public parking garage with ancillary retail space.
Since approval of the original concept, the commitment to build a parking garage at this time has
not been finalized. Until the time that a garage is developed, the concept of utilizing surface
parking lots has been recommended. The need to meet parking requirements based on the Zoning
Code for the new facilities is difficult to achieve under the surface parking scenario. Based on the
Administration's analysis, there is adequate existing parking within the area to meet the needs of
the facilities;however,the zoning requirements for new off-street parking spaces can not be met
until a garage is developed.
The following narrative documents the chronology of events specifically relating to the Miami City
Ballet facility. The City of Miami Beach entered into a Ground Lease with the Miami City Ballet
(MCB)on April 13, 1994. On June 18, 1997,the City Commission approved the First Amendment
to the Ground Lease between the City of Miami Beach and the MCB changing the designated site
to a portion of the property intended for the Cultural Campus adjacent to Collins Park.
At the October 21, 1997, City Commission meeting, a Second Amendment to the Ground Lease
between the City of Miami Beach and the MCB was approved. This amendment waived permit
fees and addressed the construction agreement and recognized the need, at a later date,to revise
the parking agreement established in the original Ground Lease.
The original ground lease provides,through Section 27.02,for the City to "provide,at a discounted
rate that is less than fair market rental rate, one hundred(100)parking spaces for utilization by the
officers,directors and employees of Tenant(MCB). The parking spaces shall be made available
through the issuance of a monthly parking pass and shall be located on property owned by the City
of Miami Beach in any garage or other parking facility located within one thousand (1,000) feet
from the perimeter of the land." This clause was applicable under the original ground lease as the
MCB was to construct their building adjacent to the Jackie Gleason Theater and would have
utilized the 17th Street Parking Garage to meet their parking requirements. Furthermore, it had
been determined that discounted parking was permissible at the 17th Street Parking Garage.
360
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As a result of the change in the designated site,the City Commission memorandum dated October
21, 1997,recognized that the original Ground Lease discounted parking provisions would need to
be addressed.
Under the surface parking lot concept that the City may implement,the parking spaces would meet
the library's legal parking requirements and the public's parking needs. Preliminarily, the surface
lots, as indicated by the City's architects,Robert A. M. Stern,will consist of 79 spaces that will be
utilized to meet the library's legal parking requirements.
Therefore,MCB would not be able to utilize any of the proposed surface parking spaces to meet
its legal parking requirements. The planning and zoning analysis of the MCB facility indicates that
76 spaces are required to be in compliance with the City's land development regulations.
While the City can technically comply with the existing parking clause in the original lease by
providing 100 spaces at the Collins Avenue and 21st Street parking facility,which is within 1,000
feet of the MCB building,these spaces will not meet MCB's legal parking requirements pursuant
to the City's land development regulations.
For the above reasons,the Administration is recommending that the City Commission approve the
proposed amendment to the land development regulations in the GU district,which would allow
a waiver of development regulations in the GU Government Use District classification for land
or air rights owned by or leased to the City or other governmental agency by not-for-profit
educational,cultural, or quasi public organizations,in the event of leases having an initial term of
twenty (20)years.
If such a waiver could be granted under City of Miami Beach land development regulations, the
MCB facility,developed under a ground lease agreement with the City,would be eligible for such
a waiver, subject, of course, to the required public hearing. More specifically, the MCB facility
would not have to meet the technical parking requirements of the code, although their actual
parking needs could be met at the Collins Avenue and 21st Street parking facility. Furthermore,
the provision of 100 spaces at this location would meet the City's obligation under the Ground
Lease.
Notwithstanding the scenario as described above, the City Administration is also continuing to
examine long term parking solutions to address the needs of the Cultural Campus, including plans
for the development of a public parking garage within the area. In addition to developing a solution
for the MCB facility,new parking is needed ultimately for the library,expanded Bass museum and
newly renovated hotels nearby.
The Planning Board reviewed the subject ordinance and recommended revisions specifically
limiting the proposed ordinance to the site of the Miami City Ballet, and limiting the waiver of
development regulations to a maximum of three (3) years. The Administration understands the
Planning Board's concern that the proposed provisions of the ordinance could potentially be used
for other similar non-profit development projects throughout the City. However, the
Administration has also concluded that these additional restrictions are unnecessary for ensuring
appropriate future development on City land which is to be used by not-for-profit educational,
361
cultural, or quasi public organizations, as the final determination regarding any waiver of
development regulations would be made by the City Commission. Any necessary restrictions on
such a waiver would be applied by the Commission on a case by case basis, as appropriate.
CONCLUSION
Regarding the proposed amendment which is before the Commission today, it is expected that the
overall effect would be to enable removal of obstacles to the development on any land or air rights
owned by or leased to"the City or other governmental agency for no less than an initial term of
twenty (20) years, and enable use by not-for-profit educational, cultural, or quasi public
organizations in the same manner as by public projects, through the waiver of development
regulations process.
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing,the proposed amending ordinance to Sections 142-421 and 142-425
of the Land Development Regulations of the Code of the City of Miami Beach, Florida.
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