A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN THE CITY’S PROPRIETARY CAPACITY, THE SABRINA COHEN FOUNDATION INC.’S (“FOUNDATION”) PROPOSED CONCEPT PLAN (OPTION 1) FOR THE ADAPTIVE RECREATION CENTER TO BE DEVELOPED ON THE NORTHEAST CORNER OF THE CITY PROPERTY LOCATED AT 5301 COLLINS AVENUE, PURSUANT TO SECTION 6.2 OF THE COLLABORATION, FUNDING, AND MANAGEMENT AGREEMENT BETWEEN THE CITY AND THE FOUNDATION, DATED NOVEMBER 2, 2017 (“AGREEMENT”); FURTHER, COMMENCING THE THREE (3) YEAR PERIOD FOR THE FOUNDATION TO CONDUCT THE NECESSARY FUND-RAISING FOR THE DEVELOPMENT, DESIGN AND CONSTRUCTION OF THE ADAPTIVE RECREATION CENTER, PURSUANT TO SECTION 7.1 OF THE AGREEMENT; AND  FURTHER, PROVIDING THAT THE CONCEPT PLAN AND RELATED DESIGN DEVELOPMENT FOR THE ADAPTIVE RECREATION CENTER SHALL BE SUBJECT TO AND CONTINGENT UPON ALL REGULATORY APPROVALS REQUIRED UNDER THE CITY’S CODE OF ORDINANCES.

Mayor and City Commission approval of Concept Plan option 1, with the building positioned on the northeast corner of the property.

Since May 2016, the Sabrina Cohen Foundation, Inc. (“Foundation”) has operated an Adaptive Beach Day program, serving over 600 unique visitors including Miami Beach, Miami-Dade and Broward residents as well as tourists from abroad. Visitors have included persons with physical and cognitive disabilities, including seniors living with disabilities, veterans, and children with special needs. The program has volunteers ranging from high school students to trained professionals. Each Beach Day is consistently averaging approximately 100 visitors, with 25-40 disabled participants. In the last year, the Foundation has had over 800 individuals sign-in for an Adaptive Beach Day. More information on the Foundation and its Leadership can be found at: http://sabrinasadaptivebeach.com/.

Following significant input and discussion at meetings of the Finance and Citywide Projects Committee and the City Commission between March, 2017 and September, 2017, on October 31, 2017, the Mayor and City Commission adopted Resolution No. 2017-30082, approving a Funding, Collaboration and Management Agreement (the “Agreement”) with the Sabrina Cohen Foundation, Inc. (the “Foundation”), for the Foundation to raise the funds and be responsible for all of the expenses related to the City’s design, development and construction of an Adaptive Recreation Center to be located at a portion of the City’s “P72” surface parking lot at the 53^rd Street and Collins Avenue (the “P72 Lot”).  A copy of the October 31, 2017 Resolution and the Agreement are attached hereto as Exhibit “A.”

The Agreement includes, among other provisions, the following pertinent key terms:

• The Foundation, as a public charity, will raise 100% of the funding required for the design, development and construction of a City-owned Facility, with no City funds used for the development of the Facility. 

   

• The City would not proceed with the design and construction of the Facility until the Foundation has raised sufficient funds for design and construction, and has transferred such funds to the City. 

   

• Within six months following the execution of the Agreement, the Foundation shall submit a draft concept plan, including a proposed operating plan with sufficient detail to enable the City to accurately estimate the construction costs, the costs of FF&E, and the operation and maintenance costs of the Facility.

   

• The City would be the owner of the Facility, with the primary purpose of providing the general public and specifically, persons with physical and cognitive disabilities, including seniors living with disabilities, and able-bodied individuals with temporary injuries, with an accessible access point to the beach and related beach programming. In the event the Foundation is unable to operate the Center, the City will exercise good faith efforts to identify another qualified vendor to assume the maintenance and programming obligations for the Center, and in the event the City is unable to secure an agreement with another qualified vendor, the Center shall be used for the most closely related Parks Department purposes, which may include general wellness programming, in combination with beach accessibility programming.

   

• The Foundation’s proposed concept design (“Concept Plan”) shall be subject to City Commission approval in its proprietary capacity (in addition to approvals required by applicable regulatory boards).  At a minimum, the Concept Plan shall include landscaped, vegetative “green” roof elements, and shall ensure public access to the beach is not blocked. 

   

• Following City Commission approval of the Concept Plan, the Foundation agrees to a schedule of fundraising thresholds and deadlines based upon the cost estimates associated with the Concept Plan (i.e. 25% of funds raised by end of year one following City Commission’s approval of the Concept Plan; 50% by end of year two following City Commission’s approval of the Concept Plan; and 100% by end of year three following City Commission’s approval of the Concept Plan).  The City may terminate the agreement if any of the foregoing deliverables and deadlines are not met, following a notice and thirty (30) day cure period.

   

• The Facility would be located on a portion of the P72 surface parking lot adjacent to Beach View Park, with a footprint of approximately 5,000 square feet, and a maximum of two stories (for a total of approximately 10,000 square feet).  The final location of the Facility within the P72 Lot shall be determined by the City Commission as part of the design development process.

   

• The Facility would not impact any greenspace, and would be designed and developed with the intent of minimizing impacts to parking spaces.  The City shall further have the right to close the Facility for up to fourteen (14) days per year to accommodate high impact City-wide special events (such as the boat show).

   

• In no event shall the Facility be used as a hall for hire, banquet hall, or similar third-party venue rental, or for the sale of alcoholic beverages. 

   

• If the Foundation raises the funding and the Facility is built, the Foundation would also manage and operate the Center on the City’s behalf, for a term of nine (9) years.  (The Foundation has offered a nine (9) year term for its management of the Center, reduced from the original proposal of a term of nine years and 364 days).

   

• All operational and maintenance costs would be the responsibility of the Foundation (except for capital repairs, if any, which shall be the responsibility of the City, in the same manner as the City would ordinarily provide for other City-owned facilities, and comparable to terms of other City management agreements with non-profit organizations, such as City’s agreement with Unidad or the Miami Design Preservation League).    

   

• The City retains broad rights to terminate the Agreement for its convenience, including, without limitation, if the Foundation fails to achieve its fundraising milestones within the time specified in the Agreement.

   

• The City Manager or his or her designee shall be a voting member of the Foundation’s Board of Directors.

   

As required by the Agreement, the Foundation, working with the Kobi Karp design team, has submitted its Concept Plan for the City Manager’s review and comment.  The proposed Concept Plan, reflecting and incorporating comments provided by the Administration, is attached hereto as Exhibit “B.” 

The Administration has reviewed the Foundation’s Concept Plan options for the Adaptive Recreation Center, and is recommending approval of Option 1, which has the building positioned on the northeast corner of the property.  Specifically, the Administration believes that the placement of the Center at this location would be the most efficient option and would minimize the loss of parking spaces at the P72 Lot, as a portion of the site is currently used for storage of Ocean Rescue equipment that could be moved elsewhere.  In addition, the placement of the Center at the northeast corner would not impact the Army Corps of Engineers’ occasional use of the P72 Lot to conduct beach renourishment efforts that are required from time to time.    

Planning Analysis

The recreation center proposed under Option 1 is consistent with all applicable sections of the Land Development Regulations of the City Code. In this regard, the interior side and rear setback requirements have been met, and the proposed overall height of 24 feet above Base Flood Elevation plus maximum Freeboard (BFE + 5 feet) is well under the Code limit of 200 feet.  The projections above 200 feet (eg restrooms, stairs, elevators and pool deck) are all allowable height exceptions under the code, and would be permitted above the maximum district height of 200 feet.

The Planning Department has completed a massing study for a future new fire station within the northern portion of the property (Exhibit D). The study includes options for a 2 and 3 story fire station and concludes that the construction of the Adaptive Recreation Center on the identified NE corner will not hinder the future development of the new fire station.

Parking Analysis

The preferred option, Option 1 (building positioned on NE corner), would result in a loss of 30 (15 public and 15 in fire station lot) parking spaces.

Option 2 (building positioned in the center), would result in a loss of 41 parking spaces.

Option 3 (building positioned on SE corner), would result in a loss of 45 parking spaces.

At this time, there are no planned increases in ADA parking spaces for any of the options. If an increase in spaces is requested, it will be discussed at a later date.

Fire Department Analysis

It is the Fire Department’s main concern that this concept does not hinder the Fire Department’s future new fire station. This was addressed through the Planning Department’s massing study mentioned earlier.

Operating Costs

Administration has reviewed the proposed budget and operation plan and believes it is acceptable; however it will be vetted again as the plan develops further.