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R5 I Sunset Harbour PPT June 23rd CD2-I1 Overlay Ordinance Revised 6-22-21Sunset Harbour CD-2 & I-1 Overlay Ordinance June 23rd 2021 Sunset Harbour CD-2 & I-1 Overlay Ordinance •Commercial Diversification. •Sunset Harbour Neighborhood Association “SHNA” at the request of the Mayor and Commissioners requested a height increase in CD2 to accommodate Class “A” Office and move away from the hospitality market.Ten months preparation of Neighborhood Vision Plan (“NVP”). •NVP provides for hotel prohibition. •Sunset Harbour is within 2 blocks of walking distance to 5 hotels adjacent to the neighborhood with over 500+ room accommodations: The Standard; Marriott Residence Inn; The Variety; The Palomar; Citizen M; AirBNB; June 23, 2021 Sunset Harbour CD-2 & I-1 Overlay Ordinance •Miami Beach Code Sec. 118-168: Application of Equitable Estoppel to Approvals •Code Sec. 118-168 Sets forth the conditions by which City is estopped from denying project approval. •If Zoning-in-Progress, City is estopped from denying project approval IF Applicant had obtained DRB approval. •Regarding Finvardb hotel proposal, the LDR amendment transmitted by the planning board on April 27, 2021 contains a prohibition on hotel uses. Since Finvarb did not obtain DRB approval for the proposed hotel project prior to April 27, 2021: •ZONING IN PROGRESS IS ATTACHED TO THE FINVARB PROPOSAL AND IF THE COMMISSION ADOPTS THE ORDINANCE AS DRAFTED, WITH THE HOTEL PROHIBITION, THE HOTEL PROJECT MAY NOT MOVE FORWARD AS A HOTEL. June 23, 2021 Sunset Harbour CD-2 & I-1 Overlay Ordinance •Timeline: •February 10 -Commission continues First Reading of Overlay Ordinance incl’ing prohibition of hotels •March 5 –Finvarb meets with SHNA about plans for “Business Hotel.” SHNA UNANAMOUSLY REJECTS •March 23 -Planning Board discussion; continued to April 27 •April 5 –Finvarb meets again with SHNA about “Family Hotel.” SHNA UNANAMOUSLY REJECTS •April 6 –Despite opposition and no DRB approval, Finvarb purchases property •April 15 –Finvarb submits DRB application NO PLANS •April 27 -Planning Bd recommends Overlay Ordinance with prohibition of hotels, but adds applicability clause •May 12 –Commission proceeds with First Reading of Overlay Ordinance with hotel prohibition and Applicability clause –with right to re-consider Applicabilty. •NO DRB APPROVAL TO DATE. June 23, 2021 Sunset Harbour CD-2 & I-1 Overlay Ordinance •SHNA Board unanimously opposes hotel; •Neighborhood Referendum: •-224 residents voted in writing to oppose the hotel; •-4 residents voted in writing in support of hotel; •98% of residents OPPOSE the hotel; 2% SUPPORT the hotel; •98% of residents do not want the Applicability Clause; •98% of residents do not want hotels in Sunset Harbour; •The SHNA and the City have worked over 11 months to move away from hospitality market and add Class A office space, not hotels, to Sunset Harbour. •PLEASE SUPPORT YOUR CONSTITUANCY. June 23, 2021