| | | | | | | |  | Resolutions - C7 F
COMMISSION MEMORANDUM |
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| | | | | | | | | 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 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 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. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission grant the requested fee waiver. |
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| | | | | | | | 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. |
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| | | | | | | | 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 (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 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.
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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
| | North 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
Vice-Mayor Micky Steinberg |
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