99-23370 RESO
RESOLUTION NO. 99-23370
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, TO CONSIDER A
WAIVER OF DEVELOPMENT REGULATIONS PURSUANT TO
SECTION 142-425(e) OF THE ZONING ORDINANCE FOR THE
PROPOSED MIAMI CITY BALLET FACILITY, LOCATED IN THE
COLLINS P ARK AREA, WITHIN THE CITY'S PROPOSED
CUL TURAL CAMPUS; SAID WAIVER REGARDING THE BALLET
FACILITY'S REQUIRED PARKING UNDER CHAPTER 130 OF THE
LAND DEVELOPMENT REGULATIONS.
WHEREAS, on June 23, 1999, the City Commission adopted a resolution setting a public
hearing to consider a waiver of Development regulations and on July 21, 1999, this item was open
and continued to October 6, 1999 and then to October 20; and
WHEREAS, the City of Miami Beach (CMB) and the Miami City Ballet (MCB) entered into
a Ground Lease Agreement dated April 13, 1994, as amended, for the development and construction
of a permanent facility for MCB, within the City's Cultural Campus, adjacent to Collins Park; and
WHEREAS, on January 6, 1999, the City Commission authorized execution of the Third
Amendment to the Ground Lease between the City of Miami Beach and the Miami City Ballet; and
WHEREAS, on February 17, 1999, the City Commission directed the Administration to
negotiate an agreement with the MCB setting forth certain time lines and parameters to meet the
MCB's legal parking requirements; and
WHEREAS, beginning in March 1999~ City staff met with representatives of the MCB to
discuss the proposed agreement and it was determined, based on further legal review, that the most
prudent course of action would be a waiver of development regulations; and
WHEREAS, the MCB facility, located at 2200 Liberty Avenue, Miami Beach is anticipated
to be completed in 1999 and in order for MCB to open its building in a timely manner, it is necessary
to waive certain development regulations pertaining to the MCB facility's required parking, pursuant
to Chapter 130 of the City's Land Development regulations, which has been determined to be
seventy-six (76) parking spaces; and
WHEREAS, on September 17, 1999, the City Commission approved on second reading an
amendment to Section 142-425 (e) enabling the Mayor and City Commission to waive development
regulations, following a noticed public hearing advertised in a newspaper at least fifteen (15) days
prior to the hearing; and
WHEREAS, separately, the Administration has negotiated an agreement between the CMB
and MCB to address parking issues in terms of requirements and obligations, which was approved
by the City Commission on July 21, 1999; and
WHEREAS, the City Attorney has advised that a waiver of development regulations is a
preferable method to address the MCB's parking requirements.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, consider a waiver of Development
Regulations pursuant to Section 142-425(e) of the Zoning Ordinance for the proposed Miami City Ballet
facility, located in the Collins Park area, within the City's proposed Cultural Campus; said waiver regarding
the Ballet facility's required parking under Chapter 130 of the Land Development Regulations.
PASSED and ADOPTED this 20thday of October, 1999.
~
MAYOR
AT~EST: /)
J / 17 \ ~/. /
\ L-t CO-., () 1 tj,l (1.:."-.-.---
CITY CLERK
SR/CMC/rar
T:IAGENDA I 199910CT20991REGULARIMIACITYBRES
APPROVED AS TO
FORM 8. lANGUAGE
& FOR EXECUTION
Q\L2
C~
) 2/k/Cf;
Dcl6
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM No.i8'- -'t9
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: October 20, 1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL ION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GRANTING A WAIVER OF
CERTAIN DEVELOPMENT REGULATIONS, PURSUANT TO SECTION
142-425(d) and (e) OF THE CITY'S ZONING ORDINANCE, FOR THE
MIAMI CITY BALLET FACILITY, LOCATED IN THE COLLINS PARK
AREA, WITHIN THE CITY'S PROPOSED CULTURAL CAMPUS; SAID
WAIVER REGARDING THE BALLET FACILITY'S REQUIRED PARKING
UNDER CHAPTER 130 OF THE LAND DEVELOPMENT REGULATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On June 23, 1999, the City Commission adopted a resolution setting a public hearing to consider a
waiver of Development regulations. On July 21, 1999, this item was open and continued to October
6, 1999 and then to October 20, 1999.
The Ground Lease between the CMB and the MCB was originally approved on April 13, 1994. On
June 18, 1997, the City Commission approved the First Amendment to the Ground Lease between
the CMB and the MCB changing the designated site to a portion of the property intended for the
Cultural Campus adjacent to Collins Park.
The original ground lease provides, through Section 27.02, for the City ~o "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 montWy 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 ofthe 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.
AGENDA ITEM
Rl~
, 0-20-'19
DATE
433
Miami City Ballet
October 20, 1999
Page 2
At the October 21, 1997, City Commission meeting, a Second Amendment to the Ground Lease
between the CMB and the MCB was approved and designated the Cultural Campus site. 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 in the original Ground
Lease would need to be addressed. Since the proposed Cultural Campus garage would be built
utilizing tax exempt parking bonds, the City's Bond Counsel advised that the lease would need to
be amended to reflect that parking rates would be based on fair market value, so as to not jeopardize
the tax exempt status of the bonds. The memorandum went on to state that a future amendment to
the Ground Lease would be required to address parking.
The City is implementing a plan to develop surface parking lots to 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 is unable 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 zoning ordinance. For MCB to meet its legal parking
requirements, the MCB would have to obtain 76 new off-street parking spaces or pay a parking
impact fee of $5,000 per space, or combination thereof. MCB acknowledged that they are obligated
to meet their legal parking requirements in a letter provided to the City, dated September 4, 1998,
that accompanied the issuance of MCB's building permit.
While the City can technically comply with the existing parking clause in the original lease by
providing 100 spaces at the Collins Avenue and 21 st 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 zoning ordinance nor will they resolve the concerns expressed by Bond Counsel.
ANALYSIS:
On January 6, 1999, the City Commission authorized execution of the Third Amendment to the
Ground Lease between the City of Miami Beach and the Miami City Ballet. On February 17, 1999,
the Administration presented a report on parking, identifying alternatives for the MCB to address
their parking requirements for the facility under construction at the ,Cultural Campus. At this
meeting, the City Commission directed the Administration to negotiate an agreement with the MCB
setting forth certain time lines and parameters to meet the MCB's legal parking requirements.
Beginning in March 1999, City staff met with representatives of the MCB to discuss the proposed
agreement. It was determined, based on further legal review, that the most prudent course of action
would be a waiver of development regulations.
Nevertheless, the Administration negotiated an agreement between the CMB and MCB to address
parking issues in terms of requirements and obligations, which was approved by the City
Commission on July 21, 1999. If the subject resolution is adopted, the aforementioned agreement
will no longer be necessary.
434
Miami City Ballet
October 20, J 999
Page 3
The MCB facility, located at 2200 Liberty Avenue, Miami Beach is anticipated to be completed by
December, 1999. This facility is an integral part of the Cultural Campus which includes the
expansion and renovation of the Bass Museum and a regional library.
Currently, MCB utilizes 58 monthly parking permits in the 17th Street garage. In their new facility,
the required number of parking spaces is 76, however, the parking demand is anticipated to be the
same as at the Lincoln Road location. These needs can be addressed in the public lot east of Collins
Avenue and 21st Street and at the proposed surface lots on 23rd Street. However, the spaces will
not meet the MCB's legal parking requirements.
On September 17, 1999, the City Commission approved on second reading an amendment to Section
142-425(d) and (e) enabling the Mayor and City Commission to waive development regulations, for
not-for-profit, educational, or cultural organizations, following a noticed public hearing advertised
in a newspaper at least fifteen (15) days prior to the hearing.
In order for MCB to open its building in a timely manner, it is necessary to waive the development
regulations pertaining to the MCB facility's required parking, pursuant to Chapter 130 of the City's
Land Development regulations, which has been determined to be seventy-six (76) parking spaces.
It is recommended that this waiver be granted only until such time as a parking garage facility is
built to serve the Cultural Campus.
CONCLUSION
It is recommended that the Mayor and City Commission adopt the attached resolution, granting a
waiver of development regulations until such time as a parking garage facility is built to serve the
Cultural Campus.
SR/C~~
T:\AGENDA\ I 999\OCT2099\REGULARIMIACITYB CM
435