Loading...
Ordinance 2020-4377 Sunset Harbour Neighborhood Identity Overlay -Comprehensive Plan Amendment ORDINANCE NO. 2020-4377 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE 2040 COMPREHENSIVE PLAN, BY AMENDING THE "RESILIENT LAND USE AND DEVELOPMENT ELEMENT," GOAL RLU 1, ENTITLED "LAND USE,"TO ESTABLISH OBJECTIVE RLU 1.5, TO BE ENTITLED "NEIGHBORHOOD IDENTITY," TO PROVIDE POLICIES THAT FOSTER CONTINUED DEVELOPMENT AND PRESERVATION OF UNIQUE NEIGHBORHOODS, PROVIDE FOR THE INCLUSION IN THE COMPREHENSIVE PLAN OF POLICIES THAT PROVIDE VISION AND GUIDANCE FOR SPECIFIC NEIGHBORHOODS, AND ESTABLISH A POLICY SPECIFIC TO THE SUNSET HARBOUR NEIGHBORHOOD THAT FOSTERS ITS UNIQUE SMALL-TOWN, NEIGHBORHOOD-SERVING, AND MIXED-USE CHARACTER; AND BY AMENDING THE 2040 COMPREHENSIVE PLAN MAP SERIES TO ESTABLISH A "NEIGHBORHOODS MAP"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") boasts a unique identity that is vital to its economy, especially the tourism sector, for which it is world-renowned; and WHEREAS, the City seeks to provide residents and visitors with architectural, urban environment, historical, cultural, dining, retail, and personal service experiences; and WHEREAS, the City seeks to foster the uniqueness of each of its neighborhoods in order to promote each neighborhood's economic vitality; and WHEREAS, the increased levels of business homogeneity seen in other tourist-oriented economies would have a detrimental impact on the City's unique neighborhoods, which thrive on a high level of interest maintained by a mix of cultural, retail, dining, and personal service establishments that are not found elsewhere in the county, state, country, or world; and WHEREAS, the Sunset Harbour neighborhood is a thriving neighborhood with a unique small-town, neighborhood-serving, and mixed-use character; and WHEREAS, the City seeks to promote the continued development of the Sunset Harbour neighborhood in a manner that protects its unique character; and WHEREAS, these regulations will ensure that the public health, safety and welfare will be preserved in the City of Miami Beach; and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified herein. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Page 1 of 3 SECTION 1. The following amendments to the City's 2040 Comprehensive Plan Resilient Land Use and Development Element are hereby adopted: RESILIENT LAND USE AND DEVELOPMENT ELEMENT GOAL RLU 1: LAND USE * OBJECTIVE RLU 1.5: NEIGHBORHOOD IDENTITY The City will foster the continued development and preservation of distinctive neighborhoods that offer residents and visitors unique architectural, urban environment, historical, cultural, dining, retail, and personal service experiences, which are vital to the City's economy. POLICY RLU 1.5.1 To encourage the establishment and continued development and enhancement of unique neighborhoods, the Land Development Regulations may utilize tools including, but not limited to, the establishment of new zoning districts zoning overlay districts, special off-street parking requirement districts, special landscape requirements, use restrictions, scale limitations, architectural standards, design guidelines, and others as may be appropriate. POLICY RLU 1.5.2 The City shall continue to study the inclusion of goals, objectives, and policies into the Comprehensive Plan which provide a vision and guidance for specific neighborhoods, as identified in the Neighborhoods Map located in the Ma• Series of the Com•rehensive Plan. POLICY RLU 1.5.3: SUNSET HARBOUR NEIGHBORHOOD The Sunset Harbour neighborhood is a vibrant neighborhood with a unique small-town, neighborhood-serving, and mixed-use character. The City shall maintain and adopt land development regulations for the Sunset Harbour neighborhood that achieve the following goals: a. Support the continued development of the neighborhood with a mixed-use nature, including light industrial, artisanal retail, small-scale commercial, and residential development; and b. Encourage the establishment of small-scale businesses and restaurants that are intended to serve the residents within the neighborhood and in surrounding neighborhoods; and c. Foster the establishment of businesses that create unique dining, retail, and personal service experiences; and d. Support the ability of small-scale business to adapt to climate change and sea level rise. SECTION 2. The Map Series of the Comprehensive Plan is hereby amended to include a "Neighborhoods Map," as depicted in Exhibit"B". SECTION 3. The Sunset Harbour Neighborhood is hereby designated on the Neighborhoods Map with the boundaries depicted in Exhibit"A". Page 2 of 3 SECTION 4. The Table of Contents and Map Series Contents of the Comprehensive Plan are hereby amended as depicted in Exhibit"C". SECTION 5. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Comprehensive Plan of the City of Miami Beach, FL, and it is hereby ordained that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 8. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 9. EFFECTIVE DATE. If the amendment is not timely challenged, this amendment shall take effect 31 days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes. L PASSED AND ADOPTED this 18 day of �Ov�m_S<K , 2020. ATTES 1 I\ IIIfAAP ORATED an Gelber, Mayor tiffs [7- ` Z Rafaex( E. Granado, ity Clerk "�1 � First Reading: September 16, 2020 Second Reading: Novem r 1 , 020 APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION Verified By: a �C T mas . Moone , AICP 1 i Lam` • k k ii \2. ZDZD Planning Director *ity Attorney `vl� Date I T:\Agenda\2020\11 November 18\Planning\Sunset Harbour Neighborhood Identity Overlay - COMP PLAN - Second Reading ORD.docx Page 3 of 3 Ordinances-R5 J • MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 18, 2020 5:06 p.m. Second Reading Public Hearing SUBJECT:SUNSET HARBOUR NEIGHBORHOOD IDENTITY OVERLAY - COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE 2040 COMPREHENSIVE PLAN, BY AMENDING THE "RESILIENT LAND USE AND DEVELOPMENT ELEMENT," GOAL RLU 1, ENTITLED "LAND USE," TO ESTABLISH OBJECTIVE RLU 1.5, TO BE ENTITLED "NEIGHBORHOOD IDENTITY," TO PROVIDE POLICIES THAT FOSTER CONTINUED DEVELOPMENT AND PRESERVATION OF UNIQUE NEIGHBORHOODS, PROVIDE FOR THE INCLUSION IN THE COMPREHENSIVE PLAN OF POLICIES THAT PROVIDE VISION AND GUIDANCE FOR SPECIFIC NEIGHBORHOODS, AND ESTABLISH A POLICY SPECIFIC TO THE SUNSET HARBOUR NEIGHBORHOOD THAT FOSTERS ITS UNIQUE SMALL-TOWN, NEIGHBORHOOD-SERVING, AND MIXED-USE CHARACTER; AND BY AMENDING THE 2040 COMPREHENSIVE PLAN MAP SERIES TO ESTABLISH A "NEIGHBORHOODS MAP"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On June 5, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4 Q). The item was discussed at the September 18, 2019 LUDC meeting, and continued to the October 30, 2019 meeting with direction to include copies of existing formula establishment regulations for reference. On October 30, 2019, the item was discussed and continued to the December 2, 2019 LUDC, with the following direction: 1. The City Attorney will draft an ordinance for review by the LUDC. Page 491 of 1430 2. The Administration will place a C4 referral item on the December 11, 2019 City Commission agenda, as a place holder, in anticipation of a recommendation for referral to the Planning Board. The December 2, 2019 LUDC meeting was cancelled, and the item was moved to the January 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC). On December 11, 2019, the City Commission referred the proposed ordinance to the Planning Board (Item C4I). On January 21, 2020 the LUSC deferred the item to the February 18, 2020 meeting. On February 18, 2020, the LUSC discussed the item and continued it to the March 17, 2020 meeting. The March 17, 2020 LUSC meeting was cancelled. On June 30, 2020 the LUSC recommended that the Planning Board transmit the proposal to the City Commission with a favorable recommendation. ANALYSIS PLANNING ANALYSIS On October 28, 2019, a town hall meeting was held in Sunset Harbour to discuss the above proposal. The discussion, led by Commissioner Arriola, focused on (i) the current mix of restaurants and retailers that primarily serve residents in the Sunset Harbour neighborhood, and (ii) the appropriateness of adopting regulations on formula commercial establishments. Sixteen residents attended the meeting, and a consensus of the residents present expressed support for placing restrictions on formula commercial establishments in the neighborhood, in order to ensure that restaurants and retailers in Sunset Harbour continue to serve the needs of local residents. The following is a summary of additional issues raised at the meeting: • The need to achieve a balance between zoning restrictions vs incentives to businesses and property owners; • The need for a diversity of uses; • The high rents in the area; and • The need to ensure a proper mix of retail and restaurant uses around a vision for the area. The following additional suggestions were proposed: • Consider hosting a focus group with restauranteurs; • Consider additional activation of the area through special events; and • Conduct a survey of residents on what they would like to see in their community; The administration and the City Attorney's office have retained a land use consultant to study the appropriateness of regulations on formula commercial establishments in Sunset Harbour. The consultant's study is attached to the companion LDR ordinance. Page 492 of 1430 The proposed Comprehensive Plan amendment establishes a framework by which the Comprehensive Plan will support the unique identity of specific neighborhoods in the City. It encourages the use of zoning tools to encourage the uniqueness. The amendment is structured in a way that policies can be added in the future which apply to specific neighborhoods and provide guidance for future amendments to the Land Development Regulations (LDRs). Specifically,the amendment incorporates policies related to the Sunset Harbour Neighborhood. It encourages and supports LDR amendments which will achieve the following: • Support the continued development of the neighborhood with a mixed-use nature, including light industrial, artisanal retail, small-scale commercial, and residential development; • Encourage the establishment of small-scale businesses and restaurants that are intended to serve the residents within and in surrounding neighborhoods; • Foster the establishment of businesses and restaurants which create dining, retail, and personal service experiences that are unique within the nation; and • Support the ability of small-scale business to adapt to climate change and sea level rise. This amendment sets a framework for future amendments related to the Sunset Harbour neighborhood. Staff has reviewed previous LDR amendments that have been adopted for the Sunset Harbour neighborhood, including the establishment of Parking District No. 5 and alcoholic beverage and entertainment establishment restrictions and they are consistent with the proposed policies. A companion LDR amendment, which creates a prohibition on formula commercial and formula restaurant establishments, is under separate consideration.This LDR amendment encourages the establishment of small-scale dining, retail, and personal service experiences to service residents. COMPREHENSIVE PLAN ISSUES This application includes a text amendment to establish Objective RLU 1.5 and subsequent policies in the Resilient Land Use element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments.This process requires a public hearing by the local planning agency(Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals. In order to accommodate the 30-day review period required for the companion comprehensive plan amendment, second reading and adoption of the ordinance is recommended to be set for November 18, 2020. PLANNING BOARD REVIEW On January 28, 2020, the Planning Board continued the item to the February 25, 2020 meeting. On February 25, 2020, the Planning Board continued the item to the March 24, 2020 meeting. The March 24, 2020 meeting was cancelled, and the item was deferred to the May 19, 2020 meeting. Page 493 of 1430 On May 19, 2020 the item was deferred to July 27, 2020. On July 27, 2020 the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0. UPDATE On September 16, 2020, the City Commission approved the proposed Comprehensive Plan amendment at first reading. The amendment was subsequently transmitted to State review agencies as required by section 163.3184, Florida Statutes. No objections were raised by any of the state agencies; however, the Department of Economic Opportunity(DEO)did provide the following technical assistance comment(see attached letter): DEO recommends that the City consider adding the data source and creation or adoption date to the Neighborhoods Map that is proposed for inclusion in the City of Miami Beach 2040 Comprehensive Plan Map Series.Additionally, to improve ease of locating the Map within the Map Series, the amendment could also be strengthened by numbering the map and adding a reference to the number or location of the map within Objective RLU 1.5. Attached are additional exhibits B and C, which address this technical support comment from the DEO. These depict the actual maps and where in the plan they will be located.The ordinance for second reading has also been revised, in a non-substantive manner, to include updates to the Table of Contents and Map Contents and identify the location of the Neighborhoods Map. The Neighborhood Map, as it will be depicted in the Comprehensive Plan, was also incorporated into the ordinance. Finally, Policy RLU 1.5.2 was updated to clarify that the Neighborhoods Map is located within the Map Series of the Comprehensive Plan. APPLICATION FEE WAIVER The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths)vote of the City Commission, based upon one or more of the following circumstances: _ 1. The City Manager determines, in writing,that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning; 2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s)or developer(s); and/or 3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment. The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning. Page 494 of 1430 CONCLUSION The administration recommends the following: 1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning. 2. The City Commission adopt the subject ordinance, as amended. Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Trackino Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description ❑ Exhibit A- MAP ❑ EX B - Neighborhood Map ❑ EX C - Neighborhood Map ❑ DEO Letter ❑ Ordinance ❑ Ad Page 495 of 1430 Exhibit A Neighborhoods Map VIII■®I®® s�11■®■®® iv, 6.,mil W22NDST �� P23 1.1.A _, W 21 ST.ST ii 6194 ® ti ,: -It ' 4111111111111 iv * 4*v - o., _ : ., V1IIWEI�I11110l.11l IiII _0 ®40 F ;` 20TH ST ' ' It. ® II i ® 9 "i Ti W , . W Q Q _• 19TH'ST VI to SUNSET HARBOUR . oP° ®I 18TH ST :Ila *Ad P. . ' '-'--7- ' L * MINN MEM III= .- J 1 INIIII MIN i \\\� 1 HST - ���\\\� ENETIAN WAY :. x \Illrllh\� �v zo 0 w,: .- . II a': 0 'a _ I III Li_,:—, LINCOEN=CI _ mmalMill LINCOLN N 111: 1 111 M w _(j�, E LINCOLN_T.ER ® ® g ' IN Eil IMO ENE' ME 1111- 11.1a NM in PlEn 11111111 I 0 250 500 1,000 Feet 1 I I Page 496 of 1430 •L[QUI t/a'PRP:2- Pti, .'.cx � ,t r , s ' S 0 1 Y:I o .F• pt-U91111°IP�'t:£'e.-Ft:( n•Ip.S a11Si-s-01n9S e17ed'!kg •.• .� f .�f.E' a ..e...0.•:. + f. • . ' • . • '7'.'•2:•.,'' ,�Iix,(+Q 1 .1)'SI>,d Q,, ',I Cll.--.2..."-PAY __„ ` ti.r ' �.. r=; ' � :O. ,„'- f . 1, c;bE1cYi'\'C ,..0 Ltga: 93 1 � •el . .1'1 a . i;"-' t. — r „............4,....„0: ....;:„..,,•• ,t, � , aG .•- ceGe� `L) ' SA :,• moS .00 J.r a e•1:_ ( ,. ► ( . uf`i.,-,2_ .% _ fi � • n ',°.• Y'. Y... ••T....! _ : . •• • •. '• f•ti `J t•-_t -r S r y. - • `'•: .,..,v \cri .tip. 1'6 a-.. ' ,' {' I '.....• .• '' , i f •, t.. SCF., t •1 • •(f.i_4 . • 1- - ` a +1�.- i�f: '•}.�1'•`.3.. ..:1 - . i)'L?—a 1,- •''• •:'�.`. M 1,�='�';..1sr .r 4._ _ /I•`(;, t•Ru....o. 'e.<tl x - 11.- .. • i s- •{ti .. ,. . . :-..ra',Jy� r � ` Y' ,. 111mE' 211 f ,c..74,...-i-1, 'P.•. S•tx" "c. / :j' wt I Y - r✓ fly M 'nE'� ' , -+�'1'.. -r/4 ' •4. ;r. I8'� ` ,- •••: T r•••1 c!,10 is?. To lu •_.r,., tis 14Gry w -t/-4V,`-'54.--1:;.• t \- 1 mogiek lasungitklit >, , .- yam: • .r! • a2, - 1 , 1 Mia ,/' ---'31.1i-:_.41,,•: '',41'1..: �e � ;_•'' • . i I spoogiogg6laN paleu6lsaa , .t!ista:•.,:.. � � n-.y}; ',;' ,t, .,,,,?.•; •:z y' '-- �saj • . sleailS :l;: i• ■R a''quitzv,=•9i '•1 :. i '.N:.• ' °s'} ..'?Y;d;-'_,f�lt5��+ 17:.' 1. 1 . _ii.. . lili. ,,,,,r,,- ,.. , ;‘...., _/.7, ...... ....,k1 ,•_. ....•! tiepuno8 Iedioiunyy f . 1 _ 1(,,:j �•1”I `'• • •-`. : . a; -� -�'i 1;1. /;47-t..ii ft, . -'a A� t .;' VI— • f `%•. 6aer, r5 �l. , (;ite,... ...„..,..1 • ��.i / /'�e� �!-S• tomo, .�i 3 + 7 .i2/�. '-4♦ - is�' •<� tt !J . p�r_ Std" i i iqi"`•�a..n..w..a[-'_ •.-tr.:. ' • _:'•'''.•'• • ;)...•,• ,o ,4r i �1 n. 'y ii w, UC. Cr. -/e-r-:-------i...,;•- -C1• +'-4 •r. r7""K7r._,,-,t.. .\. ".-1. / :' �r 9 "ir- i ice' a� ti • •x• • !} —a•i; ~;•.- r�. --K. J`" A ill ag,iA 0 + `.0"2;- � �--, --3,-„,,,,..,..: J"µ1: - .." fr.oi t i i <.a,i ,y!/ 11'; •1 4 J4. 'ti'': 1 • 4• i -"' 1 rill 1 le%Ili •.••-• ' ••..r... .t i.k, ?P.:, L61, -''.: IJIso; '_rte 4;.i.:,'75."� t SY �'`::r'vl+ +. •1,... . t�•-• �I^(ll,t ..h ~? Cri •-''•s •`7t",;,.,'S. v..^...; TO I I.`., ,' `Y I D ,,%'7 •• --. 'J ,J•':!' ;'R •lh�/.•=4.' '~,--,_ F.. 1 f.. I t.`Z. -7-..10',V,::.''.`,".-J::., c. ;s: ='.,L:1_; Exhibit "C" Page 1 of 2 CONTENTS :eiUSE t v OflfliEfltL.•t.•-• , , •• t 9 ; FL, iy f : ! f---1 EIF1-1Rnt - - iC.1)1 I t.1X. InliuslruLAJNH erneni fliEA t clove[r•imnci D c _ uec , Irririm-DvAmeni Element MAPS SERIES: tat.7.t. ..:• . • t _ nr- • ",;*; •;:•,: • -:!";5." ''"te'r: 21:1'0v .L,TiCt Hr2;•:]!;;:r;:); immemiammi 1 ; RISING KCI BOVE Tha\oLocrtF.s Page 498 of 1430 i 4.44, Exhibit "C" Page 2 of 2 410, tf rie Pk* .Ky 2040Future Land Use Map . rM E: % Flood Zones & Evacuation Routes p c s.idhoterY ":.,. Coastal High Hazard Areas (CHHA) Federal Functional Classification ..11 Seadatos • oKey : Existing Roadway System 1, • , Existing Roadway Lane Count IOyiwKq / Transit Corridors & Transit Intermodal Hubs --- Existing Bike Facilities Atlantic Greenway/Bikeway Network Neighborhood Map Page 499 of 1430 Ron DeSantis Dane Eagle GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY October 14,2020 The Honorable Dan Gelber Mayor,City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Mayor Gelber: The Department of Economic Opportunity("Department") has reviewed the City of Miami Beach proposed comprehensive plan amendment(Amendment No.20-05ESR), received on September 18,2020, pursuant to the expedited state review process in Section 163.3184(2)(3), Florida Statutes (F.S.).We have identified no comment related to adverse impacts to important state resources and facilities within the Department's authorized scope of review. We are, however, providing a technical assistance comment consistent with Section 163.3168(3), F.S. The technical assistance comment will not form the basis of a challenge. It is offered either as a suggestion which can strengthen the City's comprehensive plan in order to foster a vibrant, healthy community or is technical in nature and designed to ensure consistency with the Community Planning Act in Chapter 163, Part II, F.S.The technical assistance comment is: DEO recommends that the City consider adding the data source and creation or adoption date to the Neighborhoods Map that is proposed for inclusion in the City of Miami Beach 2040 Comprehensive Plan Map Series. Additionally, to improve ease of locating the map within the Map Series,the amendment could also be strengthened by numbering the map and adding a reference to the number or location of the map within Objective RLU 1.5. The City should act by choosing to adopt,adopt with changes,or not adopt the proposed amendment. For your assistance,we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition,the City is reminded that: • Section 163.3184(3)(b), F.S.,authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agency comments and they are not resolved,these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 850.245.7105 I www.FloridaJobs.orr www.twitter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. Page 500 of 1430 The Honorable Dan Gelber October 14,2020 Page 2 of 2 notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department Under Section 163.3184(3)(c)2.and 4.,F.S.,the amendment effective date is 31 days after the Department notifies the City that the amendment package is complete or,if challenged, until it is found to be in compliance by the Department or the Administration Commission. If you have any questions concerning this review, please contact Melissa Corbett, Planning Analyst, by telephone at 850-717-8505 or by email at Melissa.Corbett@deo.myflorida.com. Sincerely, 4/IP(/ { /mes D.Stansbury, Chief ureau of Community Planning and Growth MS/mc Enclosure(s): Procedures for Adoption cc: Rogelio Madan,AICP, Chief of Community Planning&Sustainability, City of Miami Beach Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council • Page 501 of 1430 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials,of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council; Water Management District; Department of Transportation;Department of Environmental Protection; Department of State;the appropriate county(municipal amendments only);the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only);and the Department of Education(amendments relating to public schools);and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER:Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package,including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation,schools,recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name,title,address,telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Revised:June 2018 Page 1 Page 502 of 1430 ADOPTION AMENDMENT PACKAGE:Please include the following information in the amendment package: In the case of text amendments,changes should be shown in strike-through/underline format. In the case of future land use map amendments,an adopted future land use map,in color format,clearly depicting the parcel, its future land use designation,and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: "The effective date of this plan amendment,if the amendment is not timely challenged,shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged,this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the focal governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised:June 2018 Page 2 Page 503 of 1430 SUNDAY NOYEM6BI 12020 NEIGHBORS Z5NE MIAMIHEIIALD.COM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS ORDINANCES AMENDING THE COMPREHENSIVE PLAN REGULATIONS AND THE LAND DEVELOPMENT REGULATIONS OF THE SUNSET HARBOUR NEIGHBORHOOD IDENTITY OVERLAY DISTRICT NOVEMBER 18,2020 CITY COMMISSION MEETING As society returns to a"new-normal,the City of Miami Beach will host a hybrid Commission meeting on November 18,2020.The Mayor and at least tour Commissioners will be physically present in a socially distanced manner at the Commission Chamber,Third Floor,City Hall, 1700 Convention Center Drive,Miami Beach,Florida.(Note that this location Is subject to change,please contact the Office of the City Clerk for possible updates.)Members of the public may comment on any Item on the agenda using the Zoom platform. Members of the public wanting to participate virtually may do so via video conferencing.To participate or provide comments virtually,the public may join the City Commission Meeting at:https://miamibeachllgov.zoom.us/j/86075255237 or via telephone at:1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar ID is:86076255237a.Members of the public wanting to virtually speak on an item during the City Commission Meeting,must click the'raise hand'icon It using the Zoom app or press'9 on the telephone to raise their hand. NOTICE IS HEREBY GIVEN that the following Second Readings/Public Hearings will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida, on November 18,2020 at the following times,or as soon thereafter as the matter can be heard: $:06 0.m.Second Reading Public Hearing SUNSET HARBOUR NEIGHBORHOOD IDENTITY OVERLAY-COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE 2040 COMPREHENSIVE PLAN,BY AMENDING THE"RESILIENT LAND USE AND DEVELOPMENT ELEMENT,"GOAL RLU 1,ENTITLED,"LAND USE,"TO ESTABLISH OBJECTIVE RLU 1.5,TO BE ENTITLED"NEIGHBORHOOD IDENTITY,"TO PROVIDE POLICIES THAT FOSTER CONTINUED DEVELOPMENT AND PRESERVATION OF UNIQUE NEIGHBORHOODS,PROVIDE FOR THE INCLUSION OF POLICIES THAT PROVIDE VISION AND GUIDANCE POLICIES FOR SPECIFIC NEIGHBORHOODS INTO THE COMPREHENSIVE PLAN,AND ESTABLISH A POLICY SPECIFIC TO THE SUNSET HARBOUR NEIGHBORHOOD WHICH FOSTER ITS UNIQUE LOCAL,SMALL TOWN,NEIGHBORHOOD SERVING,MIXED-USE CHARACTER:AND BY AMENDING THE 2040 COMPREHENSIVE PLAN MAP SERIES TO ESTABLISH A'NEIGHBORHOODS MAP;"PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN,TRANSMITTAL,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-166 of the City's Land Development Code.Inquiries may be directed to the Planning Department at 305.673.7550. 5:07 p.m.Second Reading Public Hearing SUNSET HARBOUR NEIGHBORHOOD IDENTITY OVERLAY DISTRICT-LDR AMENDMENTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.AMENDING CHAPTER 142 OF THE CITY CODE,ENTITLED"ZONING DISTRICTS AND REGULATIONS,"AT ARTICLE III,ENTITLED'OVERLAY DISTRICTS,"TO ESTABLISH DIVISION 14,ENTITLED-SUNSET HARBOUR MIXED-USE NEIGHBORHOOD OVERLAY DISTRICT,' TO PROVIDE REGULATIONS ON FORMULA RESTAURANT AND FORMULA COMMERCIAL ESTABLISHMENTS;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-164 of the City's Land Development Code.Inquiries maybe directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent. The public may submit written comments by sending an email to: CityClerkRmiamibeachfl.gov by 5:00 p.m.the day before the City Commission Meeting.Please identity the Agenda Item Number in the email subject line.Emails received will be forwarded to the Mayor and Commissioners and will be included as a part of the meeting record. Copies of Agenda Items are available for public inspection at:https://www.mtamibeachfl.gov/city-hall/city-clerk/agenda-archive-maln-page-2/.This meeting,or any item therein,may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City tar the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format,sign language interpreter(five-day notice required),information on access for persons with disabilities,and/or any accommodation to review any document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish.then option 6;TTY users may call via 711(Florida Relay Service). The City Commission Meeting will be broadcast live on Miami Beach TV (MBTV), viewable on the City's website at https://www.mtamibeachfl.gov/govemment/mbty/, as well as on Atlantic Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG,TV channel,and on social media at https://www.facebook.com/cityofmiamibeach. Rafael E.Granado,City Clerk City of Miami Beach CityCle rkpmi amibeachfl.gov 305.673.7411 Ad 11182020-05 Page 507 of 1430