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. At the time of this action, the North Shore Oceanfront Center indicated that they would not be requesting such a waiver.
On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred waivers pertaining the Bandshell and Shane Watersports Center to the Planning Board for review, pursuant to Section 142-425(d) of the City Code (Item C4H.) On June 28, 2016, the Planning Board transmitted waivers for the North Beach Bandshell and the Ronald W. Shane Watersports Center to the City Commission with favorable recommendations.
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. A separate waiver for concurrency will be brought to the City Commission on April 26, 2017.
BACKGROUND
North Beach Bandshell
The North Beach Bandshell was designed, built and constructed as an outdoor entertainment space in 1961 and is located in the North Shore National Register District. Between 2011 and 2014 the Bandshell and the surrounding park underwent significant renovations. In 2014, there was a recommendation, from the Mayor’s Blue Ribbon Panel on North Beach to issue an RFP for the management of the North Shore Bandshell. The Rhythm Foundation, a not-for-profit organization, was awarded the management agreement for the facility.
In order for The Rhythm Foundation to formalize its licensing requirements for the operation of the North Shore Bandshell and obtain a Business Tax Receipt (BTR) for a concert venue, hall for hire, dance and entertainment establishment, and apply for an alcoholic beverage license from the State, it must seek a waiver of the Land Development Regulations (LDR’s) regarding Neighborhood Impact Establishments (NIE) and outdoor entertainment establishments from the City Commission pursuant to Section 142-425(d) of the City Code.
Ronald W. Shane Watersports Center
Miami Beach Watersports Center Inc. is a not-for-profit organization located at 6500 Indian Creek Drive in the Ronald W. Shane Watersports Center. The original structure was constructed in 1993 as a one story boathouse affiliated with the Jewish Community Center (JCC). A second floor to the facility was added in 2003 by Miami Beach Watersports Center Inc. The current operators have a Business Tax Receipt (BTR) for an office, boat docks, storage yard, and hall for hire (RL05000973). Primarily, the second floor of the structure is used to host events including weddings, social events, fundraisers and meetings.
In order for Miami Beach Watersports Center Inc. to formalize its licensing requirements for its current operation, add to its Business Tax Receipt (BTR) dance and entertainment, and apply for an alcoholic beverage license from the State, it must seek a waiver of the Land Development Regulations (LDR’s) from the City Commission for being a Neighborhood Impact Establishment (NIE) pursuant to Section 142-425(d) of the City Code. As a point of clarification, the Ronald W. Shane Watersports Center is not proposing outdoor entertainment.
PLANNING ANALYSIS
North Beach Bandshell
The Rhythm Foundation is not requesting any expansion of its current programming. In the past, the musical events staged at the Bandshell were authorized through the Special Events process which allowed the City Manager to waive the zoning requirements for each event. The purpose of the proposed waiver of the zoning requirements for an NIE and outdoor entertainment is to formalize the operation of the Bandshell through a BTR for a concert venue with an accessory hall for hire. The hall for hire services would include, but not be limited to the following activities: catering, equipment rental, alcoholic beverages service, and dance and entertainment.
The Bandshell 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 at the end of the analysis.) The City Commission can waive the conditional use requirements for GU properties pursuant to Section 142-425 (d).
Ronald W. Shane Watersports Center
The Ronald W. Shane Watersports Center was designed, built and constructed as a sports and recreation center. The purpose of the second story addition was to accommodate events and meeting spaces. The Miami Beach Watersports Center 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 is able to obtain a BTR for all of the services covered in the normal operation of an accessory hall for hire, such as: catering, equipment rental, alcoholic beverages service, and dance and entertainment.
The Ronald W. Shane Watersports Center meets the threshold criteria of an NIE, as the capacity of the facility exceeds 200 persons with dance and entertainment. The City Commission can waive the conditional use requirements for GU properties pursuant to Section 142-425 (d).
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.
Section 142-425(d) of the City Code, sets forth a provision that the City Commission may waive by five sevenths vote, 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 BOARD REVIEW
On June 28, 2016, the Planning Board (by a 5-0 vote) transmitted both of the proposed waivers to the City Commission with a favorable recommendation.