| | | | | | | |  | Resolutions - C7 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | June 24, 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
5/7TH 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 WOLFSONIAN ARTS
DISTRICT, WHICH ORDINANCE WAS REFERRED TO THE PLANNING
BOARD ON MAY 13, 2020, 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. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission grant the requested fee waiver. |
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| | | | | | | | BACKGROUND/HISTORY
| On May 13, 2020, at the request of Commissioner David Richardson, the City Commission referred a request for a zoning district overlay, specific to the Wolfsonian Museum, to the Land Use and Sustainability Committee and the Planning Board (Item C4B). The item was endorsed by the LUSC on May 26, 2020 and is scheduled to be reviewed by the Planning Board on June 23, 2020.
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| | | | | | | | ANALYSIS
| The subject amendment was referred on behalf of the Wolfsonian Museum. 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 (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
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 Wolfsonian Museum, 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.
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| | | | | | | | 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. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner David Richardson |
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