Resolution 2020-31225 RESOLUTION NO. 2020-31225
A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY
5/7THS VOTE, PURSUANT TO CITY CODE SECTION 118-162, THE
FEES AND COSTS ASSOCIATED WITH THE CITY'S REVIEW OF THE
PROPOSED ORDINANCE PERTAINING TO THE LEHRMAN SCHOOL
OVERLAY,WHICH ORDINANCE WAS REFERRED TO THE PLANNING
BOARD ON DECEMBER 11, 2019, ON THE BASIS THAT THE
PROPOSED AMENDMENT WAS REQUESTED BY A NON-PROFIT
ORGANIZATION FOR PROPERTY OWNED BY SUCH ORGANIZATION,
AND THE REQUEST DEMONSTRATES THAT A PUBLIC PURPOSE IS
ACHIEVED BY ENACTING THE AMENDMENT.
WHEREAS, City Code Section 118-162(c)(2) provides that, "[i]f an application [to amend
the land development regulations or comprehensive plan] is filed by, or on behalf of, a private
applicant, the applicant shall be required to pay all applicable planning department fees and costs
associated with the application. An application shall not be heard by the planning board or city
commission unless and until the application is complete and all applicable fees and costs have
been paid"; and
WHEREAS, pursuant to City Code Section 118-162(c)(3), "[t]he fees and costs associated
with an application filed pursuant to this section may be waived by a five-sevenths vote of the city
commission, based upon one or more of the following circumstances:
(i) The city manager determines, in writing, that the proposed amendment
is necessary due to a change in federal or state law, and/or to implement best
practices in urban planning;
(ii) Upon written recommendation of the city manager acknowledging a
documented financial hardship of a property owner(s) or developer(s); and/or
(iii) If requested, in writing, by a non-profit organization, neighborhood
association, or homeowner's association for property owned by any such
organization or association, so long as the request demonstrates that a public
purpose is achieved by enacting the applicable amendment"; and
WHEREAS, on December 11, 2019, pursuant to Agenda Item C4N, the Mayor and City
Commission referred an Ordinance to the Planning Board pertaining to a request to create a
zoning district overlay applicable to the Lehrman Community Day School campus in North Beach;
and
WHEREAS, the proposed Ordinance would amend Chapter 142 of the City Code, entitled
"Zoning Districts and Regulations," by creating an overlay specific to the Lehrman Community
Day School campus in North Beach; and
WHEREAS, the property subject to the proposed Ordinance is owned by the Lehrman
Community Day School, a non-profit educational organization; and
WHEREAS, the general purpose of the Ordinance is to allow the Lehrman Community
Day School to reconfigure the campus in a such a manner as to expand facilities and activities
available to students, as well as improve campus security, vehicle circulation, parking and student
access; and
WHEREAS, accordingly, the subject request demonstrates that a public purpose would
be achieved by enacting the Ordinance.
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 hereby accept the recommendation of the City Manager and waive, by 5/7ths vote,
pursuant to City Code Section 118-162, the fees and costs associated with the City's review of
the proposed Ordinance pertaining to the creation of an overlay specific to the Lehrman
Community Day School campus in North Beach, which Ordinance was referred to the Planning
Board on December 11, 2019, and finding that (i) the subject property is owned by the Lehrman
Community Day School, a non-profit organization, and (ii)the request demonstrates that a public
purpose is achieved by enacting the amendment.
PASSED and ADOPTED this 0902 day of a,ri f 2020.
ATTEST:
t- rte./to Dan Gelber
Rafael Granado Mayor
City Clerk
T:\Agenda\2020\04 April\Planning\Fee Waiver-PB Referral Lehrman Overlay-RESO.docx
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APPROVED AS TO FORM AND
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City Attorney Date
Resolutions- C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 22,2020
SUBJECT:A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER AND WAIVING, BY 517TH VOTE, PURSUANT TO
CITY CODE SECTION 118-162, THE FEES AND COSTS ASSOCIATED
WITH THE CITY'S REVIEW OF THE PROPOSED ORDINANCE
PERTAINING TO THE LEHRMAN SCHOOL OVERLAY, WHICH
ORDINANCE WAS REFERRED TO THE PLANNING BOARD ON
DECEMBER 11, 2019, ON THE BASIS THAT THE PROPOSED
AMENDMENT WAS REQUESTED BY A NON-PROFIT ORGANIZATION
FOR PROPERTY OWNED BY SUCH ORGANIZATION,AND THE REQUEST
DEMONSTRATES THAT A PUBLIC PURPOSE IS ACHIEVED BY
ENACTING THE AMENDMENT.
RECOMMENDATION
The administration recommends that the City Commission grant the requested fee waiver.
BACKGROUND/HISTORY
On December 11, 2019, at the request of Commissioner Micky Steinberg,the City Commission
referred a request for a zoning district overlay, specific to the Lehrman School in North Beach,
to the Land Use and Development Committee and the Planning Board (Item C4N). The item
was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability
Committee (LUSC). The item was deferred to the February 18, 2020 LUSC meeting. On
February 18, 2020, the item was deferred to March 17, 2020. The March 17, 2020 LUSC
meeting was postponed and the item is scheduled for the May 6, 2020 LUSC.
ANALYSIS
The subject amendment was referred on behalf of a private applicant or third party. Pursuant to
section 118-162(c)of the Land Development Regulations of the City Code, amendments to the
City Code require the payment of the applicable fees in section 118-7 and Appendix A.
These fees may be waived by a five-sevenths (5f7ths) vote of the City Commission, based
upon one or more of the following circumstances:
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1. The City Manager determines, in writing, that the proposed amendment is necessary due to a
change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial
hardship of a property owner(s)or developer(s);and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or
homeowner's association for property owned by any such organization or association, so long
as the request demonstrates that a public purpose is achieved by enacting the applicable
amendment.
The proposer, the Lehrman School, is a non-profit organization and owns the subject property.
Further, the request demonstrates that a public purpose is achieved by enacting the applicable
overlay amendment. As such, the Administration is supportive of the proposed waiver of fees in
this instance.
CONCLUSION
The Administration recommends that the City Commission approve the attached Resolution
granting a waiver of the applicable fees in section 118-7 and Appendix A.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Vice-Mayor Micky Steinberg
ATTACHMENTS:
Description
o Resolution
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