HISTORY

On October 14, 2015, the Mayor and the City Commission, at the request of Commissioner Michael Grieco, referred an item to the Land Use and Development Committee (LUDC) regarding a land use amendment to permit the selling of alcoholic beverages at the following locations: North Shore Bandshell, Shane Rowing Center, and the Miami Beach Botanical Garden (Item C4G.)  On January 20, 2016, the LUDC recommended that the City Commission consider four waivers regarding alcoholic beverage regulations for the North Shore Bandshell, Shane Rowing Center, Botanical Garden, and North Shore Oceanfront Center.

On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred the waivers pertaining to the Botanical Gardens to the Planning Board for review, pursuant to Section 142-425(d) of the City Code (Item C4H.)  On September 27, 2016, the Planning Board transmitted a waiver for the Miami Beach Botanical Garden to the City Commission with a favorable recommendation.

On November 9, 2016, the Mayor and City Commission approved an ordinance that created the ability to grant a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053). This Ordinance, however, is subject to an amendment to the City’s Comprehensive Plan, which is currently pending before the City Commission as part of a Comprehensive Plan Amendment for the Transit Master Plan. The concurrency waiver for the Botanical Garden is expected to go before the City Commission on April 26, 2017.

BACKGROUND

The Miami Beach Botanical Garden located at 2000 Convention Center Drive recently underwent a planned renovation that included a multi-use activity space and a large lawn area.  The Miami Beach Garden Conservatory, Inc. is a not-for-profit organization that has had a management agreement with the City since 1997 to manage and maintain the garden.  The garden is free and open to the public.  It also hosts many community oriented events, workshops and classes. 

One of the Botanical Garden’s funding sources is the rental of the facility as a hall for hire to host events such as weddings, receptions, fundraisers, and other community oriented events.  They currently have a Business Tax Receipt (BTR) for hall for hire (BTR000827-05-2016).  In order for the Miami Beach Garden Conservatory, Inc., to formalize its licensing requirements for its current operation, add to their Business Tax Receipt (BTR) dance and entertainment, and apply for an alcoholic beverage license from the State, they must seek a waiver of the Land Development Regulations (LDR’s) from the City Commission for being a Neighborhood Impact Establishment (NIE) and an outdoor entertainment establishment. 

The city owned facility is located in the Convention Center District (CCC) and, as per Section 142-367 of the City Code, the City Commission may waive by five sevenths vote (5/7ths), following a public hearing, development regulations “pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually used for such purposes.”

PLANNING ANALYSIS

The Miami Beach Botanical Garden was designed, built and constructed as a recreation and event space.  The purpose of the Banyan Room, the outdoor patio area, and the great lawn was to accommodate events and meetings.  The Miami Beach Garden Conservatory Inc. is only formalizing its current operations and not requesting any expansion to its current programming.  The purpose of the proposed waiver of the zoning requirements for an NIE and outdoor entertainment establishment is for the Miami Beach Botanical Garden to obtain a BTR for all of the services covered in the normal operation of a hall for hire, such as catering, equipment rental, alcoholic beverages service, and dance and entertainment. 

The Miami Beach Botanical Garden meets the threshold of an NIE, as the capacity of the facility exceeds 200 persons, and also is an outdoor open air entertainment establishment (see definitions below.)

Sec. 142-1361. – Definitions.

Entertainment means any live show or live performance or music amplified or nonamplified. Exceptions: Indoor movie theater; big screen television and/or background music, amplified or nonamplified, played at a volume that does not interfere with normal conversation.

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Neighborhood impact establishment means:

(1)  An alcoholic beverage establishment or restaurant, not also operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 300 or more persons as determined by the chief fire marshal; or

(2)  An alcoholic beverage establishment or restaurant, which is also operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 200 or more persons as determined by the chief fire marshal.

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Outdoor entertainment establishment means a commercial establishment which provides outdoor entertainment as defined in this section.

The Botanical Gardens has indicated that only events sponsored by the Botanical Gardens would be subject to the NIE waiver.

PLANNING BOARD REVIEW

On September 27, 2016, the Planning Board (by a 7-0 vote) transmitted the proposed waiver to the City Commission with a favorable recommendation.