HISTORY
On October 14, 2015, the Mayor and the City Commission 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 (Sponsored By Commissioner Michael Grieco, 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, the City Commission referred the waivers to the Planning Board for review, pursuant to Section 142-425(d) of the City Code (Sponsored By Commissioner Michael Grieco, Item C4H.) On June 28, 2016, the Planning Board transmitted to the City Commission favorable recommendations of the waivers for the North Beach Bandshell and the Ronald W. Shane Watersports Center.

On February 8, 2017, the Mayor and City Commission referred the GU waiver to the Neighborhood/Community Affairs Committee for review. On March 17, 2017, the Neighborhood/Community Affairs Committee discussed the item and transmitted it back to the City Commission with a favorable recommendation of the GU waiver for the Ronald W. Shane Watersports Center.

BACKGROUND
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 (RL-05000973). 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
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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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 the proposed waivers to the City Commission with a favorable recommendation.

UPDATE

On April 26, 2017, the City Commission considered the subject Resolution and continued the item to a date certain of May 17, 2017.  At the request of the City Commission, and to address the concerns of adjacent residents, the Resolution has been updated to formally include the following existing operational standards and conditions:

1.    The Occupant Load of the second floor air-conditioned portion of the facility (hall for hire space) shall not exceed 495 persons.

2.    No outdoor hall-for-hire uses shall be permitted; all hall-for-hire activities and events shall take place within the fully enclosed two-story building.

3.    No outdoor speakers shall be permitted.

4.    All hall-for-hire activities and events shall cease no later than 12:00 am. Clean-up and disassembly may take place until 3:00 am.