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HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12308 Final Action Date: 1/26/2023 MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE OR PUBLIC PROPERTY PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO WAIVE THE NUMBER OF EVENTS AND PERMITS ALLOWED FOR "MIAMI'S WINTERLAND — A HOLIDAY SPECTACLE," TO BE HELD AT LEGION PARK, 6447 NORTHEAST 7 AVENUE AND SURROUNDING ADDRESSES 6443 BISCAYNE BOULEVARD, 621, 645, 675 AND 685 NORTHEAST 64 TERRACE FROM DECEMBER 1, 2022 THROUGH DECEMBER 31, 2022. SPONSOR(S): Commissioner Christine King WHEREAS, Miami's Winterland — A Holiday Spectacle ("Event") is a festival of lights celebration for the holiday season; and WHEREAS, this year, the Event is being planned for December 1, 2022, through December 31, 2022 at Legion Park located at 6447 Northeast 7 Avenue and surrounding addresses 6443 Biscayne Boulevard, 621, 645, 675 and 685 Northeast 64 Terrace ("Property"); and WHEREAS, the proposed private properties to be used are all owned by the same owner and comprise a total of six (6) folio numbers which are 01-3218-006-0040, 01-3218-006- 0030, 01-3218-006-0020, 01-3218-000-0100, 01-3218-002-0081 and 01-3218-002-0080; and WHEREAS, pursuant to Section 62-521 of the Code of the City of Miami, Florida, as amended ("City Code"), temporary events are limited to no more than two (2) events per year per private property, public property or a combination thereof, for no longer than two (2) weeks per event; and WHEREAS, pursuant to Section 62-521(b)(4) of the City Code, the number and time limitations for temporary events may be waived upon an affirmative vote of the City Commission; and WHEREAS, the Event will have mechanical / carnival rides that need to be operated on a daily basis for the attendees and for which Section 62-521(b)(1) of the City Code limits such use to Thursday through Sunday and a legal holiday unless other days approved by the City Commission; and City of Miami Page 1 of 3 File ID: 12308 (Revision:) Printed On: 6/26/2025 File ID: 12308 Enactment Number: WHEREAS, the Event will begin setting up on approximately November 29, 2022 and its tear down will be completed by January 4, 2023 and such time frames shall be taken into consideration for the permit issuances and waiver; and WHEREAS, this holiday light show and entertainment related events at the Property for an extended period of time would be beneficial to the City of Miami's residents and local businesses; and WHEREAS, notwithstanding the issuance of this waiver pursuant to Section 62-521(b) of the City Code, music level may not violate the Chapter 36 of the City Code as it pertains to non - City owned property or facilities even though it is being held on City property; and WHEREAS, three (3) or more violations issued at the Property related to noise pursuant to Chapter 36 of the City Code shall effectuate a rescission of this approval and this waiver shall be deemed null and void; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 62-521(b)(4) of the City Code, titled "Planning and Zoning/Planning and Zoning Approval for Temporary Uses and Occupancies; Permit Required," mechanical rides will be allowed to operate seven (7) days a week and the two (2) temporary events per year, per property limitation is here by waived for the Event to allow food, art, and entertainment related temporary events which shall be held at Legion Park located at 6447 Northeast 7 Avenue and surrounding addresses 6443 Biscayne Boulevard, 621, 645, 675 and 685 Northeast 64 Terrace from December 1, 2022 through December 31, 2022. Section 3. The Applicant is still required to obtain permits and pay all fees for each applicable temporary event. Section 4. Each temporary event permit remains limited to a maximum of two (2) weeks each. Section 5. The Event shall comply with Chapter 36 of the City Code as it relates to non - City property or facility noise level requirements throughout the event even though it is being held on City property. Section 6. Three (3) or more violations of Chapter 36 of the City Code shall effectuate rescission of this waiver. Section 7. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 12308 (Revision:) Printed on: 6/26/2025 File ID: 12308 Enactment Number: APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 12308 (Revision:) Printed on: 6/26/2025