Resolution 2018-30434RESOLUTION NO. 2018 -30434
Concurrency Waiver - North Beach Yard
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION
122 - 5(11), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S
LAND DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE CITY
OWNED "WEST LOTS," FOR "NORTH BEACH YARD," LOCATED AT
8108 - 8140 COLLINS AVENUE, MIAMI BEACH, FROM THE CITY'S
CONCURRENCY REQUIREMENTS FOR A NEIGHBORHOOD CULTURAL
AND ENTREPRENEURIAL HUB AND OUTDOOR VENUE WITH
ENTERTAINMENT, TO BE OPERATED BY NORTH BEACH YARD,
LLC. SUCH CONCURRENCY WAIVER SHALL INCLUDE, BUT NOT BE
LIMITED TO, SEATS AND SQUARE FOOTAGE (BOTH INSIDE AND
OUTSIDE) OF THE EATING AND DRINKING VENUE AND SQUARE
FOOTAGE OF THE RETAIL COMPONENT.
WHEREAS, the City of Miami Beach seeks to activate the City -owned "West Lots"
generally located west of Collins Avenue between 79th Street and 87th Street; and
WHEREAS, the City of Miami Beach seeks to allow private commercial uses for periods
of less than 10 years on a block of the West Lots, at 8108 -8140 Collins Avenue, in order to
encourage economic development in North Beach; 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, and international business with a focus on enhanced culture, entertainment, & tourism; and
WHEREAS, on September 25th, 2017, the Mayor and City Commission approved an
ordinance that allows the Commission to grant, by Resolution, a concurrency exemption for
uses located on lots with a GU zoning designation fronting on Collins Avenue between 79th
Street and 87th Street (Ord, No. 2017- 4128); and
WHEREAS, on November 20, 2017, North Beach Yard, LLC executed an lease
agreement with the City of Miami Beach for the property at 8108 -8140 Collins Avenue which
would allow North Beach Yard LLC to operate and construct a cultural and entrepreneurial hub
for an outdoor venue, with entertainment to be known as the "North Beach Yard;" and
WHEREAS, the proposed North Beach Yard, to be located at 8108 -8140 Collins Avenue
is located within the Government Use (GU) zoning district and is subject to the City's Land
Development Regulations (LDR); and
WHEREAS, the GU zoning district regulations authorize the City Commission to waive
Land Development Regulations under certain conditions; and
WHEREAS, in order to encourage temporary commercial uses, that will enhance North
Beach, which uses shall be for a term of less than 10 years, the North Beach Yard leasehold
uses require the City Commission to waiver certain development regulations; and
WHEREAS, on May 16, 2018, the City Commission, after public hearing, adopted
Resolution 2018 - 30305, by a unanimous vote (5 /7ths vote required under the LDRs), the
waiver of development regulations for "private uses on the GU lots fronting Collins Avenue
between 79th and 87th Streets ,.. for a period of less than 10 years ... for temporary structures,"
as provided for under Section 142- 425(d) of the LDRs; and
WHEREAS, many of the programs and events in the North Beach Yard will be free and
open to the public; and
WHEREAS, the Mayor and City Commission desire to exempt the seats and square
footage (both inside and outside) of the eating and drinking venue and square footage of the
retail component of the North Beach Yard 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(11), "Exemptions From Concurrency," of the
City's Land Development Regulations, the exemption of the North Beach Yard, located at 8108
— 8140 Collins Avenue, Miami Beach, from the City's concurrency requirements for a
neighborhood cultural and entrepreneurial hub and outdoor venue with entertainment, to be
operated by North Beach Yard, LLC, including, but not limited to, seats and square footage
(both inside and outside) of the eating and drinking venue and square footage of the retail
component.
PASSED and ADOPTED this day of
RAFAEL E. GRANADO, CITY CLERK
2
, 2018.
DAN GELBER, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
NAM
BEACH
Resolutions - R7 0
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
SUBJECT: CONCURRENCY WAIVER - NORTH BEACH YARD
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 122 - 5(11),
"EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT
REGULATIONS, THE EXEMPTION OF THE CITY OWNED "WEST LOTS," FOR
"NORTH BEACH YARD," LOCATED AT 8108 - 8140 COLLINS AVENUE, MIAMI
BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR A
NEIGHBORHOOD CULTURAL AND ENTREPRENEURIAL HUB AND OUTDOOR
VENUE WITH ENTERTAINMENT, TO BE OPERATED BY NORTH BEACH YARD,
LLC. SUCH CONCURRENCY WAIVER SHALL INCLUDE, BUT NOT BE LIMITED
TO, SEATS AND SQUARE FOOTAGE (BOTH INSIDE AND OUTSIDE) OF THE
EATING AND DRINKING VENUE AND SQUARE FOOTAGE OF THE RETAIL
COMPONENT.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Resolution.
ANALYSIS
HISTORY
On November 20, 2017, North Beach Yard LLC executed an operational lease agreement with the
City of Miami Beach for the property at 8108 -8140 Collins Avenue. The lease agreement outlined the
terms of the lease which included operational standards including hours of operation, prohibited uses,
outdoor entertainment parameters, and repercussions of noise violations.
On May 16, 2018 the City Commission granted the following waivers of the Land Development
Regulations of the City Code for the North Beach Yard:
1. Waiver of the following applicable Development Regulations in Chapter 142:
a. Front, side, sum of the side yard and rear setback requirements for structures.
b. Allowable fence heights and fencing material requirements.
c. Widths of walkways and decks in required yards.
d. Off - Street Parking and Loading space requirements.
e. Parking space size and setbacks.
f. The location requirements for the storage and parking of commercial vehicles.
g. Rear yard open space requirements.
h. Yard elevation requirements.
Page 1137 of 1464
i. Lot coverage limitations.
j. Non - visibility requirements for outdoor bar counters.
k. Hours of operation for an outdoor bar counter adjacent to a residential use.
I. Seating requirements for individual establishments selling beer, wine and /or liquor.
m. Size, location, and number signs.
n. Corner visibility requirements.
o. Store enclosure requirements.
p. Visibility of mechanical equipment.
q. The time span of allowable mobile storage containers.
r. Landscape requirements.
s. Lot aggregation limitations of the City Code.
2. Waiver of the requirement for Conditional Use Approval (CUP) for a Neighborhood Impact
Establishments (NIE) in Chapter 142. The NOBE Yard meets the threshold of an NIE, as the
capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment
establishment.
3. Waiver of the requirement for Conditional Use Approval (CUP) for an Outdoor Entertainment
Establishment (OEE) in Chapter 142. The NOBE Yard meets the threshold of an outdoor open air
entertainment establishment.
4. Waiver of the requirements for the review of Sea Level Rise and Resiliency review criteria for all
Land Use Boards in Chapter 133. This waiver is due to the temporary nature of the proposal.
5. Waiver of the requirements for review by the Design Review Board (DRB) in Chapter 118.
BACKGROUND
The North Beach Yard development project is proposed for existing lots located on the west side of
Collins Avenue, between 81st and 82nd Streets. These lots, part of a group of lots commonly referred
to as the "West Lots," are City owned and zoned Government Use (GU). To the immediate west the
lots are adjacent (separated by the Collins Court alley) to the RM -1 residential multifamily, low
intensity zoning district and recently designated North Shore Local Historic District.
THE PROJECT
The North Beach Yard proposal is modeled after the `Wynwood Yard', located in the City of Miami,
and will consist of a variety of uses within repurposed shipping containers and an existing structure
on site. From the submitted drawings, a rough estimate of the total amount of seating and the total
square footage of the proposal is as follows:
• 544 restaurant and bar seats (174 seats indoors and 370 seats outdoors)
• 14,288 square feet of area not utilized for seating
• A total occupancy projection of 2,120 persons.
PLANNING ANALYSIS
Concurrency is a one -time fee that is not assessed yearly, but runs with a particular use as long as it
continues. The concurrency fee is based on the number of trips a use generates, 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 due to an increase in trips, and is
divided into three geographical areas: South Beach, below Dade Boulevard; Middle Beach, below
63rd Street to Dade Boulevard; and North Beach, below the City Line to 63rd Street.
Page 1138 of 1464
Currently, Section 122 -5 of the Land Development Regulations of the City Code contains 11 specific
exemptions from obtaining a preliminary concurrency determination or a final concurrency reservation
certificate. The following exemption applies to the west lots in North Beach:
Uses located on lots with a GU zoning designation fronting on Collins Avenue between 79th Street
and 87th Street, as determined by the city commission by resolution.
The proposed resolution is intended to facilitate the ability of the North Beach Yard, which is
proposed to be located at 8108 -8140 Collins Avenue (8100 Block of the west lots) to become a fully
licensed retail, eating and drinking, and entertainment venue. The resolution would exempt all uses
associated with the North Beach Yard from concurrency review and paying a concurrency fee, which
would significantly decrease costs to the operator. Since the proposed North Beach Yard venue is
only temporary, the subject waiver is being sought to mitigate the costs associated with the temporary
use.
CONCLUSION
The Administration recommends that the City Commission that the City Commission adopt the
Resolution.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
a Reso - Form Approved
Page 1139 of 1464