Ordinance 2020-4378 SUNSET HARBOUR MIXED-USE NEIGHBORHOOD OVERLAY DISTRICT
LDR AMENDMENTS
ORDINANCE NO. 2020-4378
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.
WHEREAS, the Sunset Harbour Neighborhood is generally bounded by Purdy Avenue to
the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard
to the south; and
WHEREAS, Sunset Harbour is a neighborhood in the midst of a successful transition from
what started as a primarily industrial neighborhood into the present vibrant mixed-use residential
neighborhood that provides area residents with a unique retail and dining experience; and
WHEREAS, formula commercial establishments and formula restaurants are
establishments with multiple locations and standardized features or a recognizable appearance,
where recognition is dependent upon the repetition of the same characteristics of one store or
restaurant in multiple locations; and
WHEREAS, formula commercial establishments and formula restaurants are increasing
in number in the City of Miami Beach; and
WHEREAS, the uniformity of formula commercial establishments, while providing clear
branding for retailers, is inconsistent with the City's Vision Statement which includes creating "A
Unique Urban and Historic Environment"; and
WHEREAS, notwithstanding the marketability of a retailer's goods or services, or the
visual attractiveness of the storefront, the standardized architecture, color schemes, decor and
signage of many formula commercial establishments detract from the distinctive character,
aesthetics, and "flavor" of unique mixed-use residential neighborhoods; and
WHEREAS, specifically, the proliferation of formula commercial establishments may
unduly limit or eliminate business establishment opportunities for unique businesses in their
neighborhoods; and
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WHEREAS, the proliferation of formula commercial establishments decreases the
diversity of retail activity and dining options available to local residents; and
WHEREAS, the increased level of homogeneity detracts from the uniqueness of
residential and mixed-use neighborhoods, which thrive on a high level of interest maintained by
a mix of retail and dining experiences that are not found elsewhere in the world; and
WHEREAS, the Mayor and City Commission desire to promote and preserve the mix of
unique restaurants and retail uses that primarily serve residents in the Sunset Harbour
Neighborhood; and
WHEREAS, it is the intent of the City that if an establishment that has multiple locations
and standardized features, or a recognizable appearance, seeks to locate within Sunset Harbour,
that such establishment provide a unique and different array of merchandise, façade, decor, color
scheme, uniform apparel, signs, logos, trademarks, and service marks; 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.
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," at Article
III, entitled "Overlay Districts," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE III. OVERLAY DISTRICTS
* * *
DIVISION 14. SUNSET HARBOUR MIXED-USE NEIGHBORHOOD OVERLAY DISTRICT
Sec. 142-870.19. Location and purpose.
There is hereby created the Sunset Harbour Mixed-Use Neighborhood Overlay District(the
"Overlay District"). The Overlay District consists of the properties in the Sunset Harbour
Area, which is generally bounded by Purdy Avenue to the west, 20th Street and the
waterway to the north, Alton Road to the east, and Dade Boulevard to the south, as further
identified in the map below:
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I'] The Sunset Harbour Mixed-Use Neighborhood Overlay District shall have two areas, as
follows:
in Perimeter Commercial Corridors: The Perimeter Commercial Corridors include the
properties fronting Dade Boulevard between Bay Road on the west and Alton Road on
the east; and the properties fronting Alton Road between Dade Boulevard on the south
and 20th Street on the north.
Neighborhood Center: The Neighborhood Center includes all properties that are not
within the Perimeter Commercial Corridors, as described above.
Il) The purpose of this Overlay District is to limit the proliferation of uses which may diminish
the character of a.unique mixed-use residential neighborhood within the City. This Overlay
District is designed based on and intended to achieve the following facts and intents:
a) Sunset Harbour has evolved from what started as a primarily industrial and commercial
neighborhood, into the present vibrant mixed-use residential neighborhood that
provides area residents with a unique retail and dining experience;
I'i Formula commercial establishments and formula restaurants are establishments with
multiple locations and standardized features or a recognizable appearance, where
recognition is dependent upon the repetition of the same characteristics of one store
or restaurant in multiple locations:
3
Formula commercial establishments and formula restaurants are increasing in number
in mixed-use and commercial districts within the City;
The sameness of formula commercial establishments, while providing clear branding
for retailers, counters the City's Vision Statement which includes creating "A Unique
Urban and Historic Environment";
(5) Notwithstanding the marketability of a retailer's goods or services or the visual
attractiveness of the storefront, the standardized architecture, color schemes, decor
and signage of many formula commercial establishments detract from the distinctive
character and aesthetics of unique mixed-use residential neighborhoods like the
Sunset Harbour Neighborhood; and
Specifically, the proliferation of formula commercial establishments may unduly limit
or eliminate business establishment opportunities for independent or unique
businesses, thereby decreasing the diversity of retail activity and dining options
available to local residents; and
In The increased level of homogeneity detracts from the uniqueness of residential and
mixed-use neighborhoods, which thrive on a high level of interest maintained by a mix
of retail and dining experiences that are not found elsewhere in the city, state, country,
or world;
It is the intent of the City that if an establishment that has multiple locations and
standardized features or a recognizable appearance seeks to locate within certain
areas affected by this ordinance that such establishment provide a distinct array of
merchandise, façade, decor, color scheme, uniform apparel, signs, logos, trademarks,
and service marks.
Sec. 142-870.20. Compliance with regulations.
The following regulations shall apply to the Overlay District. There shall be no variances allowed
from these regulations. All development regulations in the underlying zoning district and any other
applicable overlay regulations shall apply, except as follows:
fp) Definitions. Notwithstanding the provisions of section 114-1, the following words, terms, and
phrases, when used in this division, shall have the meanings ascribed to them in this section:
in Establishment, as used in the definitions of formula restaurant and formula commercial
establishment, means a place of business with a specific store name or specific brand.
Establishment refers to the named store or brand and not to the owner or manager of the
store or brand. As an example, if a clothing store company owns four(4) brands under its
ownership umbrella and each branded store has 10 locations, the term "establishment"
would refer only to those stores that have the same name or brand.
(2) Formula commercial establishment means a commercial use, excluding office, restaurant,
grocery store, fitness/health facility smaller than 5,000 square feet, and hotel, that has 100
or more retail sales establishments in operation or with approved development orders in
the United States of America. In addition to meeting or exceeding the numerical thresholds
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in the preceding sentence, the definition of formula commercial establishment also means
an establishment that maintains four or more of the following features: a standardized
(formula) array of merchandise; a standardized facade; a standardized decor or color
scheme; uniform apparel; standardized signs, logos, trademarks or service marks. For the
purpose of this definition, the following shall apply:
a. Standardized (formula) array of merchandise means that 50 percent or more of in-
stock merchandise is from a single distributor and bears uniform markings.
b. Trademark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the goods of such person, including a
unique product, from those manufactured or sold by others, and to indicate the source
of the goods, even if the source is unknown. A trademark may be registered with the
U.S. Patent and Trademark Office and/or the Florida Department of State. However,
an unregistered trademark may also be protected under common law.
c. Service mark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the services of such person, including a
unique service, from the services of others, and to indicate the source of the services,
even if that source is unknown. Titles, character names, and other distinctive features
of radio or television programs may be registered as service marks notwithstanding
that the person or the programs may advertise the goods of the sponsor.A service mark
may be registered with the U.S. Patent and Trademark Office and/or the Florida
Department of State. However, an unregistered service mark may also be protected
under common law.
d. Decor means the style of interior or exterior furnishings, which may include but is not
limited to, style of furniture, wall coverings or permanent fixtures.
e. Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
f. Facade means a face (usually the front) of a building, including awnings, that looks
onto a street or an open space.
g Uniform apparel means standardized items of clothing including but not limited to
standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than
name tags) as well as standardized colors of clothing.
Formula restaurant means a restaurant with 200 or more establishments in operation or
with approved development orders in the United States, or a restaurant with more than
five(5)establishments in operation or with approved development orders in Miami Beach.
With respect to the preceding sentence, in addition to the numerical thresholds, the
establishments maintain four (4) or more of the following features: a standardized
(formula) array of merchandise; a standardized facade; a standardized decor or color
scheme; uniform apparel for service providers, food, beverages or uniforms; standardized
signs, logos, trademarks or service marks. For the purpose of this definition, the following
shall apply:
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a Standardized (formula) array of merchandise or food means that 50 percent or more
of in-stock merchandise or food is from a single distributor and bears uniform markings.
b. Trademark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the goods of such person, including a
unique product, from those manufactured or sold by others, and to indicate the source
of the goods, even if the source is unknown. A trademark may be registered with the
U.S. Patent and Trademark Office and/or the Florida Department of State. However,
an unregistered trademark may also be protected under common law.
c. Service mark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the services of such person, including a
unique service, from the services of others, and to indicate the source of the services,
even if that source is unknown. Titles, character names, and other distinctive features
of radio or television programs may be registered as service marks notwithstanding
that the person or the programs may advertise the goods of the sponsor. A service
mark may be registered with the U.S. Patent and Trademark Office and/or the Florida
Department of State. However, an unregistered service mark may also be protected
under common law.
d. Decor means the style of interior or exterior furnishings, which may include but is not
limited to, style of furniture, wall coverings or permanent fixtures.
e. Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
f. Facade means a face (usually the front) of a building, including awnings, that looks
onto a street or an open space.
g Uniform food, beverages or apparel/uniforms means standardized items of clothing
including but not limited to standardized aprons, pants,shirts, smocks or dresses, hats,
and pins (other than name tags) as well as standardized colors of clothing, food or
beverages listed on the menus of such establishments or standardized uniforms worn
by employees.
(b) The following limitations shall apply to the commercial uses listed below:
LI) Formula commercial establishments and formula restaurants shall be prohibited in the
Neighborhood Center area of the Overlay District.
(c) Review procedures.
j) Commercial establishments in the Overlay District that are not identified in section 142-
870.20(b) shall comply with the following regulations:
a. A signed and notarized affidavit indicating that the establishment is not an
establishment that is regulated by section 142-870.20(b) shall be provided to the city
as part of the application for obtaining a business tax receipt, certificate of use, and/or
building permit, as applicable.
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b. If the establishment is found not to be in compliance with the applicable requirements
of the signed affidavit, the business tax receipt will be revoked, and the establishment
shall immediately cease operation.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Applicability.
The provisions of this Ordinance shall not apply to a business operator that(i) is operating
lawfully; and (ii)has obtained a business tax receipt or a certificate of use on or before September
16, 2020. Any such business operator shall be deemed a "nonconforming use" as defined in City
Code Section 114-1, and shall be subject to the provisions of Chapter 118 of the City Code, at
Article IX, entitled "Nonconformances," except that such operator may physically expand its
existing location or relocate to another property within the Neighborhood Center area of the
Overlay District.
SECTION 7. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this f g day of MI/Mit , 2020.
ATTEST:
/ Dan Gelber, Mayor
Rafael E. Granado, Cit CI rk APPROVED AS TO FORM AND
NGUAGE AND FOR EXECUTION
First Reading: September 16, 2020
Second Reading: vemb r 18 2020 fr,) 112illik It 11
City Attorney � l Date
Verified by: 1v
Thomas R. Mooney, AICP
Planning Director
T:Wgenda\2020\09 September\Planning\Sunset Harbour Neighborhood Identity Overlay-LDR-First Reading ORD.docx
7
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MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 18, 2020
5:07 p.m. Second Reading Public Hearing
SUBJECT: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.
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.
2. The Administration will place aC4 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
Page 508 of 1430
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;
In order to address the concerns raised at the town hall meeting, the proposed ordinance
establishes the "Sunset Harbour Mixed-Use Neighborhood Overlay District." The proposed
overlay prohibits "formula commercial" and "formula retail" establishments within the its
boundaries. These restrictions are similar to those along Ocean Drive within the Art Deco/MiMo
Commercial Character Overlay District.
Formula Commercial Establishments are defined as
Formula commercial establishment means a commercial use, excluding office, restaurant and
hotel use, that has ten (10) or more retail sales establishments in operation or with approved
Page 509 of 1430
development orders in the United States of America; provided, however, for those businesses
located in a building that is two (2) stories or less with frontage on Ocean Drive, formula
commercial establishment means a commercial use, excluding office, restaurant and hotel,
which has five (5) or more other establishments in operation or with approved development
orders in Miami Beach. In addition to meeting or exceeding the numerical thresholds in the
preceding sentence, the definition of formula commercial establishment also means an
establishment that maintains two or more of the following features: a standardized (formula)
array of merchandise; a standardized façade; a standardized decor or color scheme; uniform
apparel; standardized signs, logos, trademarks or service marks. For the purpose of this
definition,the following shall apply:
(1) Standardized (formula) array of merchandise means that 50 percent or more of in-stock
merchandise is from a single distributor and bears uniform markings.
(2)Trademark means any word, name, symbol, or device, or any combination thereof, used by a
person to identify and distinguish the goods of such person, including a unique product, from
those manufactured or sold by others, and to indicate the source of the goods, even if the
source is unknown. A trademark may be registered with the U.S. Patent and Trademark Office
and/or the Florida Department of State. However, an unregistered trademark may also be
protected under common law.
(3) Service mark means any word, name, symbol, or device, or any combination thereof, used
by a person to identify and distinguish the services of such person, including a unique service,
from the services of others, and to indicate the source of the services, even if that source is
unknown. Titles, character names, and other distinctive features of radio or television programs
may be registered as service marks notwithstanding that the person or the programs may
advertise the goods of the sponsor.A service mark may be registered with the U.S. Patent and
Trademark Office and/or the Florida Department of State. However, an unregistered service
mark may also be protected under common law.
(4) Decor means the style of interior or exterior furnishings, which may include but is not limited
to, style of furniture,wall coverings or permanent fixtures.
(5) Color scheme means the selection of colors used throughout, such as on the furnishings,
permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means a face (usually the front) of a building, including awnings, that looks onto a
street or an open space.
(7) Uniform apparel means standardized items of clothing including but not limited to
standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as
well as standardized colors of clothing.
A formula restaurant is defined as
Formula restaurant means (i) a restaurant with 75 or more establishments in operation or with
approved development orders in the United States or a restaurant with more than five (5)
establishments in operation or with approved development orders in Miami Beach. With respect
to the preceding sentence, in addition to the numerical thresholds the establishments maintain
two (2) or more of the following features: a standardized (formula) array of merchandise; a
Page 510 of 1430
standardized façade; a standardized decor or color scheme; uniform apparel for service
providers, food, beverages or uniforms; standardized signs, logos, trademarks or service
marks. For the purpose of this definition, the following shall apply:
(1) Standardized (formula) array of merchandise or food means that 50 percent or more of in-
stock merchandise or food is from a single distributor and bears uniform markings.
(2)Trademark means any word, name, symbol, or device, or any combination thereof, used by a
person to identify and distinguish the goods of such person, including a unique product, from
those manufactured or sold by others, and to indicate the source of the goods, even if the
source is unknown. A trademark may be registered with the U.S. Patent and Trademark Office
and/or the Florida Department of State. However, an unregistered trademark may also be
protected under common law.
(3) Service mark means any word, name, symbol, or device, or any combination thereof, used
by a person to identify and distinguish the services of such person, including a unique service,
from the services of others, and to indicate the source of the services, even if that source is
unknown. Titles, character names, and other distinctive features of radio or television programs
may be registered as service marks notwithstanding that the person or the programs may
advertise the goods of the sponsor.A service mark may be registered with the U.S. Patent and
Trademark Office and/or the Florida Department of State. However, an unregistered service
mark may also be protected under common law.
(4) Decor means the style of interior or exterior furnishings, which may include but is not limited
to, style of furniture,wall coverings or permanent fixtures.
(5) Color scheme means the selection of colors used throughout, such as on the furnishings,
permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means,a face (usually the front) of a building, including awnings, that looks onto a
street or an open space.
(7) Uniform food, beverages or apparel/uniforms means standardized items of clothing including
but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other
than name tags) as well as standardized colors of clothing, food or beverages listed on the
menus of such establishments or standardized uniforms worn by employees.
The regulations are intended to encourage unique businesses to open in the district.The
ordinance is not intended to prohibit national chains from operating within the overlay; but rather it
is intended to ensure that they provide unique retail, dining, and personal service experiences
for the district. This is consistent with the business patterns that have taken place in the
neighborhood since it began to transform from a primarily industrial area to more of a mixed-use
area.
The proposed overlay divides Sunset Harbour into two areas:
1. The Perimeter Commercial Corridor,which includes the properties that front:
o Alton Road between Dade Boulevard and 20th Street and
o Dade Boulevard between Bay Road and Alton Road.
Page 511 of 1430
2. The Neighborhood Center, which includes the remainder of the neighborhood within the
interior.
The overlay prohibits Formula Commercial Establishments and Formula Restaurants within the
Neighborhood Center. There is a companion Comprehensive Plan amendment proposed to
establish a vision and policy directives for the future growth of Sunset Harbour. One such
directive is to "Foster the establishment of businesses and restaurants which create dining,
retail, and personal service experiences that are unique within the nation." The proposed LDR
amendment is consistent with this vision.
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
results of the study are attached.
Prior to the Planning Board meeting on July 27, 2020, the ordinance was revised to provide for
some additional flexibility in the Sunset Harbor area, as follows:
1. The definition for Formula commercial establishment within the overlay was amended:
a. Term shall apply to formula businesses that have 100 or more locations, and four or more
of the "formula" features identified in the Code. Currently there is a limit of 10 establishments
and two or more formula features.
b. Grocery stores of any size and fitness/health facilities smaller than 5,000 sf shall be
excluded.
2. The definition for Formula restaurant within the overlay was amended:
a. The term shall apply to restaurants with 200 or more locations, and four or more of the
"formula" features identified in the Code. Currently there is a limit of 75 establishments and two
or more formula features.
The aforementioned changes are intended to provide property owners with additional flexibility
in finding tenants. The change to four or more formula features would allow for chain business
with 100 or more establishments to locate within the Sunset Harbour neighborhood; however,
they would be required to have a more unique feel and identity than their typical establishment.
The above noted changes are included within the draft ordinance for first reading. Additionally,
the ordinance establishes a procedure for the review of establishments which requires an
affidavit for businesses to certify that they are not formula establishments.
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.
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
Page 512 of 1430
recommendation by a vote of 7-0.
UPDATE
On September 16, 2020, the City Commission approved the subject ordinance at first reading,
with no changes.
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.
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.
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 Tracking
Planning
Sponsor
Page 513 of 1430
Commissioner Ricky Arriola
ATTACHMENTS:
Description
D FA ORD - LDR
❑ Consultant Study
❑ Ad
Page 514 of 1430
Sunset Harbour Neighborhood
Gelabert-Sanchez, LLC
June 25, 2020
Ana Gelabert-Sanchez, AICP, LF
Page 522 of 1430
Sunset Harbour Neighborhood
Gelabert-Sanchez,LLC
Contents
I. EXECUTIVE SUMMARY 3
I1. VISION,COMPREHENSIVE PLAN&LAND DEVELOPMENT REGULATIONS 6
A. VISION AND GUIDING PRINCIPLES 6
B. COMPREHENSIVE PLAN—GOALS,OBJECTIVES,AND POLICIES 7
C. CURRENT REGULATIONS AND TIMELINE 10
D. OVERLAY AND NEIGHBORHOOD CONSERVATION DISTRICTS 15
III. PROPOSED AMENDMENT 21
IV. ANALYSIS 22
A. SUNSET HARBOUR NEIGHBORHOOD 22
B. NEIGHBORHOOD CHARACTER AND IMPACT OF FORMULA ESTABLISHMENTS 25
C. FORMULA RESTAURANT AND FORMULA COMMERCIAL ESTABLISHMENT REGULATIONS IN OTHER CITIES 29
V. CONCLUSION 36
APPENDIX A.ART DECO[MIMO OVERLAY DISTRICT ORDINANCE AND MEA,INC.REPORT 38
Page 2 of 38
Page 523 of 1430
Sunset Harbour Neighborhood
Gelabert-Sanchez,LLC
I. Executive Summary
The City is currently proposing an amendment to its Land Development
Regulations that creates a mixed-use Neighborhood Overlay District for the
Sunset Harbour Neighborhood that would create an outer zone for the
neighborhood where formula retail and formula establishments would be
permitted subject to applicable regulations and would create an inner
neighborhood zone where smaller scale and distinctive commercial, residential
and light industrial uses would be envisioned
Since 1989, the Mayor and the City Commission have adopted a series of Citywide
Land Development Regulations to create Overlay and Neighborhood Conservation
Districts in an effort to protect the unique character of the City's neighborhoods
and districts and to promote compatible development.
The story of Sunset Harbour is one of a neighborhood in transition; the
neighborhood has evolved from light industrial uses that originally occupied the
area to a hip, walkable urban neighborhood comprised of an area of mixed uses,
including residential. Sunset Harbour is composed of a mixture of residential, light
industrial and distinctive low intensity service, restaurant, and retail uses.
The purpose of this Overlay District is to continue to create and promote the
planned but organic character and scale of the Sunset Harbour Neighborhood.
The City has invested millions of dollars and countless hours to create an
economically viable and distinctive neighborhood where residents can live near
the hustle and bustle of the Greater South Beach area, but not in it. Moreover,
the transition that Sunset Harbor is currently undergoing has created a
neighborhood that is distinct in character from any other neighborhood in Miami
Beach. In order to make this happen, the City has invested in a new central
parking garage to serve the entire neighborhood, encourage neighborhood
walkability, and reduce traffic; it has raised the streets of the Sunset Harbor
neighborhood three full feet to ensure that it is resilient against climate change
and sea-level rise; and it has revamped and remodeled the neighborhood park to
provide a much needed peaceful respite for this neighborhood.
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Over the last decade the Mayor and City Commission have also adopted and
amended specific regulations for the Sunset Harbour Neighborhood in order to
promote a more pedestrian-friendly, economically viable and vibrant mixed-use
neighborhood near the action but not in it.
Sunset Harbour has been described as "a pedestrian-friendly enclave (with
bountiful parking)" and "[a] micro-neighborhood [...] densely populated with both
casual and upscale restaurants", also, "one of Miami's most popular boutique
neighborhoods for shopping and dining". This neighborhood is an example of
how the coexistence of industrial, retail, and residential uses can promote a
unique and sustainable urban environment.
A windshield survey shows approximately 19 to 20 restaurants, 12 health related
uses that promote well-being, approximately 2 to 3 water-oriented activities, in
addition to the Sunset Harbour Yacht Club, a full-service boutique marina and a
variety of unique neighborhood businesses.
The increasing desirability and neighborhood qualities of Sunset Harbour have
driven the need to promote is newly vibrant "character". Character has been
defined as an amalgamation of attributes and assets that add up to a unique
identity for a neighborhood. It may include "built form, landscape, history,
people, and their activities".The primary vehicle for protecting the character of a
neighborhood is through the establishment of an Overlay or Conservation District.
Formula Business Establishments are currently concentrated in the outer zone of
the Sunset Harbor neighborhood, bordered by Alton Road to the east, Dade
Boulevard to the south, both main commercial corridors. This outer zone also has
plenty of available and viable spaces for new formula businesses to develop. The
inner zone of the Sunset Harbor neighborhood has, for the most part, remained
hip, trendy, and unique as well as low intensity with businesses servicing residents
and visitors with retail stores and restaurants not found elsewhere in the City or
in the World. The propose Overlay District would codify these elements of what
started by careful planning and organic development.
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This document consists of a review of the proposed Sunset Harbour Mixed-Use
Neighborhood Overlay District regulation; existing City's regulations, and whether
the proposed Ordinance is supported by the Goals, Objectives, and Policies of the
Comprehensive Plan.
I have also undertaken a.review of ordinances that have been implemented in
other cities with similar neighborhoods in order to determine what regulations
other cities have used to preserve the distinct character of their neighborhoods.
I have concluded that the City's proposed Ordinance is supported by existing City
of Miami Beach Goals, Objectives, and Policies of the Comprehensive Plan and is
consistent with established Planning practices. It will further the desired outcome
of advancing the character of Sunset Harbour and promoting a vibrant, mixed-use
residential neighborhood. Therefore, I recommend that the City Commission
adopt the proposed Ordinance.
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II. Vision, Comprehensive Plan & Land Development Regulations
The City's Comprehensive Plan and its Goals and Objectives, as well as its Land
Development Regulations, exist to support the well-being and interests of its
various citizens. A critical aspect of these is to minimize threats to health,
safety, and welfare through regulation of uses of land to ensure the
compatibility of adjacent land uses.
The following provisions of the City's Comprehensive Plan and Land
Development Regulations are relevant to a land use analysis of the proposed
regulations for the Sunset Harbour Neighborhood.
A. Vision and Guiding Principles
The Vision Statement defines the City of Miami Beach as "A Unique and
Historic Environment".
"A PROSPEROUS CITY with a special flavor of arts, culture, education, and
business;A SAFE CITY with a mosaic of residents enjoying life in iconic and
historic NEIGHBORHOODS;A RESILIENT COASTAL CITY with a thriving
environment and modern infrastructure;A RESILIENT COASTAL CITY with a
thriving environment and modern infrastructure;A SMART CITY of high quality
and efficient services and employees."
Miami Beach – The City That Evokes All Senses
https://www.miamibeachfl.gov/city-hall/city-manager/mission-vision-and-
values/
Guiding Principle-Enhance Community Character
"The City shall encourage redevelopment that enhances the character of
existing development by maximizing context sensitive design through
appropriate architecture, compatible scale, and pedestrian-friendly features."
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B. Comprehensive Plan —Goals, Objectives, and Policies
The State of Florida mandates that all local governments adopt a
Comprehensive Plan to regulate future development actions. The State of
Florida requires that all development regulations and actions be consistent
with this adopted plan.
According to Section 163.3194(1)(a), Florida Statutes:
"...After a comprehensive plan, or element or portion thereof, has been
adopted in conformity with this act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in
regard to land covered by such plan or element shall be consistent with such
plan or element as adopted."
The City of Miami Beach defines the Comprehensive Plan as the document
adopted by the City Commission in accordance with the Local Government
Comprehensive Planning and Land Development Regulation Act of 1986, as
amended, meeting the requirements of F.S. §§ 163.3177 and 163.3178;
principles, guidelines, and standards for the orderly and balanced future
economic, social, physical, environmental, and fiscal development of the City.
The following section identifies goals, objectives and policies within elements
of the Comprehensive Plan that support Land Development Regulations to
enhance and protect the character and quality of life in the City of Miami
Beach.
COMPREHENSIVE PLAN - ELEMENTS
GUIDING PRINCIPLES
The intent of the guiding principles is to provide an overview of the priorities
and objectives of the Element to aid in local government planning and decision
making, including but not limited to the amendments to this Element and the
City's Land Development Regulations, as well as applications for Future Land
Use and Zoning map amendments.
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a. RESILIENT LAND USE (RLU)AND DEVELOPMENT ELEMENT
Goal RLU 1
Preserve and enhance the character of Miami Beach and its quality of life
through the implementation of future land use and land development
requirements that maximize the potential for economic benefit and the
enjoyment of natural and man-made resources, while minimizing the threat to
health, safety and welfare posed by hazards, nuisances, incompatible land
uses, and environmental degradation
Objective RLU 1.1: Establishment of Future Land Use Categories. The City
hereby adopts future land use map categories to provide for an efficient
distribution and compatible pattern of land uses, and to maintain and enhance
the character of the community.
Policy RLU 1.1.7 HIGH DENSITY MULTI FAMILY RESIDENTIAL (RM-3) Purpose:
To provide development opportunities for and to enhance the desirability and
quality of existing and/or new high-density multi-family residential and hotel
areas.
Policy RLU 1.1.9 MEDIUM INTENSITY COMMERCIAL (CD-2) Purpose: To provide
development opportunities for and to enhance the desirability and quality of
existing and/or new medium intensity commercial areas which serve the
entire City.
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b. TRANSPORTATION ELEMENT(TE)
Goal TE 2: Putting People First
Objective TE 2.1: Enhance, Protect, and Preserve the City's Neighborhoods.
To provide a safe and attractive transportation system throughout the City
that meets the needs of the users of the right-of-way, the neighborhoods, the
neighboring communities, and the environment.
Policy TE 2.1.2: The City shall strive to protect the residential neighborhoods
from unnecessary traffic intrusion through the evaluation and implementation
of traffic calming, regulatory or operational alternatives identified in the
adopted Street-Design Guidelines which would provide incentives for non-local
traffic to remain on the designated arterial network.
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Miami Beach South Beach Trolley Route Through Sunset Harbour
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C. Current Regulations and Timeline
Land Development Regulations—Sunset Harbour
There are three Land Development categories within the Sunset Harbour
Neighborhood which were established in 1989, and have been subsequently
modified.
1. RM —3 Residential Multi-Family, High Density
The RM —3 Residential Multi-Family, High Density District is designed for
high intensity multi-family residences and hotels.
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2. CD—2 Commercial Medium Intensity
The CD —2 Commercial, Medium Intensity District provides for commercial
activities, services, offices, and related activities which serve the entire City.
3. 1 — 1 Urban Light Industrial
The I — 1 Urban Light Industrial District is to permit light industrial uses that
are generally compatible with one another and with adjoining residential or
commercial districts.
Sunset Harbour Neighborhood Timeline of Land Development Regulations
2009
Ordinance No. 2009-3663—Amended the list of Permitted, Conditional and
Prohibited uses in the I-1 Urban Light Industrial District Land Development
Regulations to address residents' concerns about incompatible uses that would
have an adverse impact on the quality of life. Specifically, the ordinance fine-
tuned the list of permitted uses, and made substantial amendments to the list of
conditional uses (by adding automotive, industrial, and towing uses).
2012
Ordinance No. 2012-3786—Created a new Parking District No.5 and amended the
Permitted, Conditional and Prohibited uses in the 1-1 Urban Light Industrial
District and CD-2 Commercial Medium Intensity District to reflect a neighborhood
in transition from light industrial uses to an area of mixed use.
The creation of Parking District No. 5 reduced or eliminated required parking for
small commercial businesses. The ordinance also amended the I-1 and CD-2 to
set lower thresholds for conditional use review of certain uses and to prohibit, in
the CD-2 District, certain uses such as outdoor entertainment establishments,
neighborhood impact establishments and open-air entertainment establishments.
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The purpose of this ordinance is to "lessen the intensity of the uses in order to
provide uses compatible with the residential aspect of the neighborhood and to
provide incentives for a low scale neighborhood friendly development where
people and commerce can exist side by side and promote a better quality of life
and a pedestrian friendly neighborhood".
2013
Ordinance No. 2013-3802 —Sunset Harbour Parking Requirements.
Amended parking requirements for residential and live-work type uses.
The purpose of this ordinance is to provide "incentives for a low scale,
neighborhood friendly residential development particularly as part of the
adaptive re-use existing structures where people and commerce can exist side by
side" and promoting a "more pedestrian - friendly neighborhood".
2014
Ordinance No. 2014-3905 — Parking District No. 5 —Sunset Harbour
The purpose of this ordinance is to remove the two-year sunset provision for
Parking District No. 5, in order to continue, "to support the surrounding
neighborhood growth of small, resident-oriented businesses".
The creation of the Sunset Harbour Parking District has "encouraged uses that are
compatible with the low scale character of the neighborhood" and "has resulted
in a better quality of life for the residents of the area and a more pedestrian
friendly neighborhood". Removing the sunset provision was determined to be
necessary to continue accomplishing these neighborhood objectives.
2015
Ordinance No. 2015-3983 —Sunset Harbour CD-2 Entertainment Prohibition
Sunset Harbour is a neighborhood comprised of a mix of residential and
commercial uses in close proximity.
The purpose of this ordinance is to prohibit uses such as stand-alone bars,
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entertainment establishments, and dance halls, which are located within the CD-2
District, on the basis that they are incompatible with the low scale character of
the Sunset Harbour Neighborhood.
2016
Ordinance No. 2016-4046—Sun'set Harbour-Alcoholic Beverage Establishment
Regulations
The purpose of this ordinance is to establish additional requirements for alcoholic
beverage establishments, whether as a main use, conditional or an accessory use.
The ordinance establishes hours of operation for alcohol prohibits above-ground
alcoholic beverage establishments and prohibits special events within any
alcoholic beverage establishment within the Sunset Harbour neighborhood. The
ordinance also clarified that outdoor entertainment establishments,
neighborhood impact establishments, and open-air entertainment establishments
are prohibited uses within the I-1 Light Industrial District of the Sunset Harbour
neighborhood.
2019
Ordinance No. 2019-4293- Sunset Harbour Parking Reductions to Incentivize
Resiliency
The purpose of this ordinance is to promote economic development by
incentivizing improvements that promote resiliency within Sunset Harbour by
reducing or eliminating parking requirements, or authorizing operators to pay an
annual fee in lieu of providing required parking.
2020
On December 11, 2019, the City Commission referred an Ordinance to the City's
Planning Board, in order to eliminate any exceptions to the 2:00 a.m. closing time
for alcoholic beverage establishments in Sunset Harbour. As referenced in the
recitals to the Ordinance, alcoholic beverage establishments "can, if not
regulated, be incompatible with the scale, character, and quality of life of
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adjacent residential neighborhoods." In order to promote the compatibility of
eating and drinking establishments with the surrounding neighborhood, the
Ordinance clarifies that the 2:00 a.m. closing time shall apply to all alcoholic
beverage establishments in Sunset Harbour. The Planning Board reviewed the
Ordinance on January 28, 2020, and transmitted it to the City Commission with a
favorable recommendation.The Ordinance was approved by the City Commission
at First Reading on February 12, 2020, and is scheduled for Second Reading on
March 18, 2020.
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D. Overlay and Neighborhood Conservation Districts
An Overlay District is a set of regulations which are superimposed upon and
supplement, but do not replace, the underlying Zoning District and regulations
otherwise applicableto the designated area.
Overlay Districts and Neighborhood Conservation Districts (NCDs) have been
increasingly used as a technique by local jurisdictions as a means of protecting the
character of historic neighborhoods and promoting a salubrious character of
transitioning neighborhoods that are being threatened by incompatible
encroachment, development, or other changes that are inconsistent with the
City's Comprehensive Plan for the area.
The City of Miami Beach has 12 zoning overlay districts. Of the 12, eight (8)
overlay districts provide additional regulations for uses beyond what is prohibited
in the underlying zoning districts. In particular, the Alton Road Historic District
Buffer Overlay, which is in close proximity to Sunset Harbour, limits the scale of
commercial establishments and restricts entertainment establishments. The Art
Deco/MiMo Commercial Character Overlay incorporates restrictions on Formula
Retail and Formula Restaurants along the most historic portions of Ocean Drive,
similar to the restrictions being proposed for Sunset Harbour.
NCD regulations are generally applied when the area to be promoted has a
distinct developing physical character but does not merit a historic preservation
designation. An NCD may be favored over historic designation when it is not the
history of the neighborhood that is important but the livability and economic
viability of newly grown neighborhood is at issue.
The City of Miami Beach has created Overlay Districts since as early as 1989 and
Conservation Districts since as early as 2004.
The City of Miami Beach describes a Neighborhood Conservation District as
follows:
Intent:
A neighborhood conservation district (NCD) is a protective land use tool
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that provides criteria and a mechanism to be implemented when desired
for the maintenance of neighborhood characteristics.
Such districts and the regulations adopted for them shall be consistent with
and promote the policies set out in, the Miami Beach Comprehensive Plan
and other official adopted plans and regulations.
Objective:
The purpose is to provide a land-use or zoning tool to conserve established
neighborhood scale and character and to promote compatible
development through the sensible regulation. And to protect
neighborhoods or districts that have significant architectural and historic
merit and a distinct character but do not qualify for historic designation.
List of Miami Beach Overlay and Conservation Districts
1. DUNE PRESERVATION OVERLAY
The regulations of this division are designed to accommodate and promote
recreational, open space and related uses
Ord. No. 89-2665, § 15-3, eff. 10-1-89
2. OCEANFRONT OVERLAY
Additional regulations for oceanfront lots.
These regulations apply to buildings and structures located west of the bulkhead
line.
Ord. No. 89-2665, § 6-27, eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90
3. CONVENTION HOTEL OVERLAY
Maximum floor area ratio for convention hotel development city center/historic
convention village redevelopment and revitalization area.
Ord. No. 2002-3374, § 1, 6-19-02; Ord. No. 2004-3458, § 1, 10-13-04
4.WEST AVENUE BAY FRONT OVERLAY
The purpose in identifying this subject overlay district is to provide district
specific land development regulations and land-use incentives to property
owners and developers who retain existing structures and/or provide new infill
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structures that maintain the low-scale, as-built character predominant in the
existing low intensity (RM-1) and medium intensity (RM-2) underlying residential
zoning district of the subject overlay area.
Ord. No. 2002-3374, § 1, 6-19-02; Ord. No. 2004-3458, § 1, 10-13-04
5. GILBERT M. FEIN NEIGHBORHOOD CONSERVATION OVERLAY (NCD-1/RM-2)
The Intent of this Neighborhood-Conservation Designation is to establish a
comprehensive series of protective and incentive legislative elements including
zoning overlays, zoning revisions, design guidelines and other mechanisms
provided for the Lincoln Terrace and 16th Street-end neighborhood of the City of
Miami Beach to be known as the Gilbert M. Fein Neighborhood Conservation
District
Ord. No. 2005-3497, § 2, 10-19-05)
6. COLLINS PARK ARTS DISTRICT OVERLAY
The purpose of this overlay district is to provide land-use incentives to property
owners, developers and commercial businesses to encourage arts-related
businesses within the district
Ord. No. 2007-3577, § 1, 10-17-07; Ord. No. 2016-4061, § 1, 11-9-16)
7. 40TH STREET OVERLAY
The purpose of this overlay district is to provide pedestrian-friendly religious
institutional uses through the conditional use permit process at the properties
to serve the surrounding residential uses.
Ord. No. 2011-3714, § 2, 1-19-11)
8. ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY
The purpose of this overlay district is to minimize the impacts of development
along Alton Road on residential properties located in the Flamingo Park
Historic District and the Palm View Historic District.'
Ord. No. 2014-3871, § 1, 5-21-14)
9. FAENA DISTRICT OVERLAY
The purpose of this overlay district is to allow limited flexibility of uses and
limited increases in heights because of the common ownership and operation of
the properties within the overlay district.
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Ord. No. 2014-3913, § 1(142-871), 12-17-14
10. OCEAN TERRACE OVERLAY
The purpose of this overlay district is to Stimulate neighborhood revitalization
and encourage new development and renovation of important historic buildings
within the Ocean Terrace/Collins Avenue corridor, Encourage private property
owners to assemble and redevelop properties comprehensively, Improve the
pedestrian environment of the neighborhood and Maintain the scale, massing
and character-1°f the existing building typology adjacent to the public sidewalks.
Ord. No. 2016-4021, § 1, 6-8-16)
11. ART DECO - MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT
The purpose of this overlay district is to limit the proliferation of uses which may
diminish the character of historic commercial areas within the city.
Ord. No. 2017-4137, § 2, 9-25-17
12. NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY
The purpose of this overlay district is to Provide land-use regulations that
encourage the retention and preservation of existing "contributing" buildings
within the National Register Districts, to promote walking, bicycling and public
transit modes of transportation and to ensure that the scale and massing of new
development is consistent with the established context of the existing
residential neighborhoods and maintains the low-scale, as-built character of the
surrounding neighborhoods
Ord. No. 2018-4187, § 2(142-880), 4-11-16
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Neighborhood Conservation Districts Overlays
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(Maps prepared by the City of Miami Beach Planning Department)
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III. Proposed Amendment
Sunset Harbour Mixed-Use Neighborhood Overlay District
This land use analysis examines a proposed ordinance amending Chapter 142 of
the Miami Beach City Code entitled "Zoning Districts and Regulations", Article Ill,
"Overlay Districts", Division 14, "Sunset Harbour Mixed-Use Neighborhood
Overlay District", to provide regulations on formula restaurant and formula
commercial establishments.
Over the last few decades, the City has adopted several ordinances creating
Overlay Districts in order to maintain the scale and character of established
neighborhoods.
The proposed Overlay District protects the emerging unique, character of the
Sunset Harbour neighborhood and will promote a more pedestrian friendly and
vibrant mixed-use neighborhood.
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IV. Analysis
A. Sunset Harbour Neighborhood
Sunset Harbour is a neighborhood that has evolved from the light industrial uses
that originally occupied the area and continues to evolve into an area of mixed
uses including residential development. The neighborhood is composed of a
mixture of residential, light industrial and low intensity service, restaurant and
retail uses.
Sunset Harbour has been described as "a pedestrian-friendly enclave (with
bountiful parking)"; "Ia] micro-neighborhood [...] densely populated with both
casual and upscale restaurants"; and "one of Miami's most popular boutique
neighborhoods for shopping and dining".
Sunset Harbour is a pedestrian oriented neighborhood. A windshield survey
indicates many people access area businesses by walking as opposed to driving.
The City is actively improving pedestrian connectivity which is increasing the
walking trend. This includes a new pedestrian bridge on Bay Road and a new
bridge with sidewalks on West Avenue that greatly improve connectivity to areas
to the south.
Additionally, there are improved pedestrian and bicycle facilities along 17th
Street, Dade Boulevard, and the Venetian Causeway. It is well served by the City
of Miami Beach South Beach Trolley Loop and Metrobus routes A, S, and M.
Sunset Harbour is served by a centralized parking garage, the Sunset Harbour
Garage. Information on parking utilization from the Parking Department indicates
that the garage does not reach capacity, even during peak periods, providing
evidence of increasing pedestrian activity and the use of alternative modes of
transportation.
A visual inspection shows approximately 20 restaurants; 12 health uses; and
several water-oriented activities, in addition to the Yacht Club, a full-service
boutique marina; and a variety of independent neighborhood businesses.
Formula Business Establishments are concentrated on Alton Road, a main
commercial corridor and arterial roadway exterior to the neighborhood. In
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contrast, those businesses that promote the unique identity of the Sunset
Harbour Neighborhood are primarily concentrated in the interior of the
neighborhood.
The Sunset Harbour Neighborhood is an example of how the coexistence of
industrial, retail, and residential uses can promote a unique and sustainable urban
environment.
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Sunset Neighborhood Map and Chart
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Harbour 581 793 1,230,082 28.24 21 28
(Map and chart prepared by the City of Miami Beach Planning Department)
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B. Neighborhood Character and Impact of Formula Establishments
The character of a neighborhood is defined, in part, by the variety of businesses
that it contains. In order to promote a particular desirable characteristic of a
particular neighborhood, cities are increasingly regulating the types of businesses
allowed.
Formula Restaurants and Formula Retail Establishments are retail stores that have
multiple locations with the same recognizable appearance, and are generally
known as chain stores. They offer a standardized selection of merchandise,
standard facade, color scheme, and signage. City Code Section 114-1 defines
"formula restaurant" and "formula commercial establishment" as follows:
Formula commercial establishment means a commercial use, excluding office,
restaurant and hotel use, that has ten or more retail sales establishments in
operation or with approved development orders in the United States of America;
provided, however,for those businesses located in a building that is two stories or
less with frontage on Ocean Drive,formula commercial establishment means a
commercial use, excluding office, restaurant and hotel, which has five or more
other establishments in operation or with approved development orders in Miami
Beach. In addition to meeting or exceeding the numerical thresholds in the
preceding sentence, the definition of formula commercial establishment also
means an establishment that maintains two or more of the following features: a
standardized(formula) array of merchandise: a standardized facade: a
standardized decor or color scheme: uniform apparel: standardized signs, logos,
trademarks or service marks. For the purpose of this definition, the following shall
apply:
(1) Standardized(formula) array of merchandise means that 50 percent or more of
in-stock merchandise is from a single distributor and bears uniform markings.
(2) Trademark means any word, name, symbol, or device, or any combination
thereof, used by a person to identify and distinguish the goods of such person,
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Sunset Harbour Neighborhood
Gelabert-Sanchez,LLC
standardized façade; a standardized decor or color scheme; uniform apparel for
service providers,food, beverages or uniforms;standardized signs, logos,
trademarks or service marks. For the purpose of this definition, the following shall
apply;
(1) Standardized(formula) array of merchandise or food means that 50 percent or
more of in-stock merchandise or food is from a single distributor and bears
uniform markings.
(2) Trademark means any word, name, symbol, or device, or any combination
thereof, used by a person to identify and distinguish the goods of such person,
including a unique product,from those manufactured or sold by others, and to
indicate the source of the goods, even if the source is unknown. A trademark may
be registered with the U.S. Patent and Trademark Office and/or the Florida
Department of State. However, an unregistered trademark may also be protected
under common law.
(3)Service mark means any word, name, symbol, or device, or any combination
thereof, used by a person to identify and distinguish the services of such person,
including a unique service,from the services of others, and to indicate the source
of the services, even if that source is unknown, titles, character names, and other
distinctive features of radio or television programs may be registered as service
marks notwithstanding that the person or the programs may advertise the goods
of the sponsor. A service mark may be registered with the U.S. Patent and
Trademark Office and/or the Florida Department of State. However, an
unregistered service mark may also be protected under common law.
(4) Decor means the style of interior or exterior furnishings, which may include,
but is not limited to, style of furniture, wall coverings or permanent fixtures.
(5) Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means a face (usually the front) of a building, including awnings, that
looks onto a street or an open space.
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(7) Uniform food, beverages or apparel/uniforms means standardized items of
clothing including, but not limited to, standardized aprons, pants, shirts, smocks or
dresses, hats, and pins (other than name tags) as well as standardized colors of
clothing,food or beverages listed on the menus of such establishments or
standardized uniforms worn by employees.
Many cities have adopted measures to limit the incidence of Formula Restaurants
and Formula Retail Establishments due to the negative impact they can have on
the character of a neighborhood. Unregulated, Formula Restaurants and Formula
Retail Establishments will drive out the trendy and distinctive shops that primarily
service the surrounding neighborhood and form part of the unique neighborhood
character.
Due to the increasing desirability and neighborhood qualities of the Sunset
Harbour neighborhood, the City of Miami Beach has opted to explore the creation
of restrictions on Formula Retail Establishments.
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C. Formula Restaurant and Formula Commercial Establishment
Regulations in Other Cities
Examples of District/Use Regulations in Other Cities or Counties
Local governments across the country have used a variety of methodologies to
regulate Formula Restaurants and Formula Commercial Establishments.
The approaches vary from strictly prohibiting the use, to allowing the use as a
conditional use with specific restrictions or requiring a special use permit, or a
combination of both.
Definitions of Formula Business or Retail Establishment here are generally
consistent across the jurisdictions I have reviewed. All definitions include the
following features: a standardized array of merchandise, a standardized façade, a
standardized decor and color scheme, uniform apparel, standardized signage, a
trademark of services. In other words, retail establishments with multiple
locations and recognizable appearance.
One factor that varies across jurisdictions is the numerical threshold for an
establishment to qualify as a formula establishment. Some jurisdictions define
Formula Establishments as an operation with 10 or more locations within the
jurisdiction, within the United States, or in some instances, in the world. Many do
not distinguish between restaurants and retail establishments: However, those
jurisdictions that define Formula Restaurant Establishments typically establish the
threshold at 3 or more locations within their jurisdiction.
The most commonly occurring types of regulation are as follows:
1. Regulations that prohibit Formula Retail Establishments.
2. Regulations that allow Formula Retail Establishments in the Downtown
commercial areas.
3. Regulations that prohibit Formula Establishments in specific neighborhoods
and allow them in central commercial or tourist areas.
4. Regulations that allow Formula Establishments through a conditional use or
special permit that requires a public review.
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The restrictions placed on conditional use permits can vary. For example,
the restrictions can consist of any of the following:
1. Performance Based Guidelines
2. Limitation on street frontage allowed (i.e., 25 ft. of frontage)
3. Limitation on square footage per establishment (i.e. 2500 sq. ft.)
4. Limitation on percentage of ground floor (i.e. 30%)
5. Limitation on the concentration of similar uses in the area
6. Requirement of traffic studies
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a. City of San Francisco, CA
The City of San Francisco defines Formula Retail Uses as "a type of retail sales
activity or retail sales establishment which along with eleven or more other retail
establishments located in the World".
Purpose: an effort "to protect San Francisco's vibrant small business sector and
create a supportive environment for new small business innovations"
Regulations: Formula Retail Establishments are prohibited in nine of San
Francisco's Neighborhood Commercial Districts; allowed Downtown through a
Conditional Use after complying with the Performance Based Design Guidelines.
Performance Based Guidelines review considerations include: 1. The percentage
of the total linear street frontage within a 300- foot radius or a quarter of a mile
radius, at the Planning Department's discretion, from the subject property that is
occupied by Formula Retail and non-Formula Retail businesses. 2.The availability
of other similar retail uses within the district and within the vicinity of the
proposed project. 3. The compatibility of the proposed Formula Retail use with
the existing architectural and aesthetic character of the district.
b. Town of Palm Beach, FL
The Town of Palm Beach definition of Formula Establishments only refers to
Formula Restaurants and is defined as "a restaurant that is one of a chain or
group of three or more restaurants in the nation"
Regulations: Not allowed in their commercial districts.
c. Malibu, CA
Purpose: "to promote and maintain a district community character and a diverse
retail base. Encourage retail elements that promote variety while contributing to
an maintaining the city's small-town atmosphere and prevent the proliferation of
businesses that create a homogenized retail experience"
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Regulations: Permitted after obtaining a Formula Retail Clearance (FRC) permit.
The ordinance established a maximum square footage to 2,500 square feet for
formula retail businesses and limits such businesses to 30 percent if located in a
shopping center.
The FRC for a formula retail business not located in a shopping center would be
limited to 2,500 square feet. Additionally, it would require analysis to determine if
another formula retail establishment was located within 500 feet of the proposed
business, as measured from walls of the locations
d. Nantucket, MA
Purpose: "Create Formula Business Exclusion District (FBED) to address the
advance impact of nationwide standardized businesses on Nantucket's historic
downtown area. The proliferation of formula businesses will have a negative
impact on the island's economy, historical relevance and unique character and
economic viability".
Regulations: Formula Business Establishments are prohibited in order to maintain
a unique retail and dining experience.
e. Dennis, MA
Purpose: The purpose and intent of the Formula Based Business regulation is to
address the adverse impact of nationwide, standardized businesses on Dennis
villages, historic and residential areas as well as gateways to the town. The
proliferation of formula-based businesses will have a negative impact on the
town's economy, historical relevance, unique character and economic vitality.
Regulations: Allowed in certain areas and only by Special Permit.
Needs to meet criteria such as; 1.not to alter the character of the Zone in a way
which detracts from its uniqueness or contributes to a nationwide trend of
standardized downtown offerings; 2. will complement those businesses already in
the Zone, 3.will be operated in a non-obtrusive manner to preserve the
community's character and ambiance, 4.There shall not be a substantial impact to
the public safety from increased traffic. At the discretion of the Planning Board,
the applicant may be required to submit a traffic study, prepared by a Registered
Professional Engineer, approved by the board, maximize pedestrian and vehicular
safety both on the site and accessing and egress and ingress.
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f. Jersey City, NJ
Purpose: The proposed amendments will provide formula business restrictions to
various downtown redevelopment plans. Formula business, which utilizes
standardized features such as decor, menu or merchandise items, and logos, may
detract from downtown Jersey City's unique community character. Restrictions on
formula business should be implemented to preserve Downtown's distinctive
sense of place and unique neighborhood character.
Regulations: Restrictions on formula business should be implemented to preserve
Downtown's distinctive sense of place and unique neighborhood character in
Downtown Redevelopment Areas. Formula Business Establishments, as defined
by the Land Development Ordinance, are restricted to a maximum of 30% of
ground floor gross leasable commercial area.
g. Sausalito, CA
Purpose: The purpose of the standards in this section regulate the location and
operation of formula retail establishments in order to maintain the City's unique
village character, the diversity and economic vitality of the community's
commercial districts, and the quality of life of Sausalito residents; It is therefore
the intention of the City that an over-concentration of formula retail businesses
not be allowed, that all permitted formula retail establishments shall create a
unique visual appearance that reflects and/or complements the distinctive and
unique historical character of Sausalito, and that no such establishment shall
project a visual appearance that is homogeneous with its establishments in other
communities.
Regulations: A formula retail establishment may be allowed only in the central
commercial, shopping center and neighborhood commercial districts and only
with a conditional use permit.
Needs to meet criteria such as design review; be compatible with existing
surrounding uses; preserve the community's distinctive character and ambiance;
consistent with the unique historic character of Sausalito, and would preserve the
distinctive visual appearance and shopping experience of Sausalito for its
residents and visitors.
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h. San Juan Bautista, CA
Purpose: The preservation of the existing character and scale of the city's
commercial and historic districts is vital to the city's ability to attract tourism and
... is also important to maintain the distinctive small-town charm and character
enjoyed by current residents." It also notes that a proliferation of formula
businesses would threaten the economic vitality of the city's commercial districts,
resulting in "a loss of employment opportunities for small business owners and
employees who are residents."
Regulations: Formula Retail or Business Establishments are not allowed.
i. York, ME
Purpose: Amend the town's zoning ordinance to prohibit formula restaurants in
order to protect the character and identity of the community and not create
undue impacts in terms of noise, litter, traffic and other adverse impacts.
Regulations: Formula Restaurants Establishments are not allowed.
j. Ojay, CA
Purpose: The purpose of this section is to regulate the location and design of
formula business establishments in order to maintain the tourist attracting small
town character of the City, the diversity of the community's unique commercial
areas and quality of life for visitors and residents.
Regulations: A formula business may be established on a site after obtaining a
conditional use permit from the City.
Subject to these limitations:
No conditional use permit shall be issued for a use that is a formula business
located within the area of the Downtown Commercial land use designation of the
City's General Plan if either of the following are true: (i) such establishment has
street-level frontage exceeding twenty-five (25) linear feet on any street, or (ii)
the useable area of the building or structure wherein the formula business is to be
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located exceeds two thousand (2,000) square feet. For purposes of this section,
"street level frontage" shall include frontage on private parking lots and access
ways where the commercial building does not abut a public street.
No permit application of any kind shall be accepted or processed for a formula
business that also possesses at least two of the following characteristics:
(i) Specializes in short order or quick service food and/or drink; (ii) Serves food
and/or drink primarily in paper, plastic or other disposable containers; and
(iii) Payment is made by customers before food and/or drink is consumed.
The Commission may promulgate regulations to further define the scope and
meaning of the foregoing findings to ensure consistent implementation of this
subsection.
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V. Conclusion
This document has reviewed the applicable provisions of the City of Miami
Beach Comprehensive Plan and the City of Miami Beach Land Development
Regulations. It has reviewed the potential impact upon the distinct
developing character of the Sunset Harbour Neighborhood that the City of
Miami Beach has invested in creating and reviewed the strategies used by
other cities to regulate Formula Restaurants and Formula Commercial
Establishments.
The City of Miami Beach has historically implemented regulations that
promote and protect the character of its unique neighborhoods. Since
1989, the City has implemented twelve Overlay and Conservation Districts.
Additionally, since 2009 the City has adopted regulations that limit,
prohibit, or reduce the intensity of certain uses within the Sunset Harbour
Neighborhood, in order to address concerns about incompatible uses that
would affect the character and quality of life. The City has also provided
incentives that would promote the "low scale, neighborhood friendly
residential mixed use neighborhood", "where people and commerce can
exist side by side"; in order to establish uses that are compatible with the
mixed-use residential character of the neighborhood and promote a "more
pedestrian friendly neighborhood."
The proposed Overlay District continues this pattern of legislation adopted
in order to protect the unique neighborhoods of Miami Beach. It continues
to promote the unique emerging character of the Sunset Harbour mixed-
used neighborhood; and to provide economic vitality for hip businesses
that will primarily serve the residents of the Sunset Harbour neighborhood.
The Vision Statement defines the City as "A unique and Historic
Environment" and follows, as a guiding principle, the commitment to
"Enhance Community Character"
The Sunset Harbour Mixed-Use Neighborhood Overlay District is supported
by the Vision, Goals and Objectives of the Comprehensive Plan. It follows
the City's guiding principle and commitment to "encourage redevelopment
by maximizing context sensitive design through appropriate architecture
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compatible scale and pedestrian features".
The proposed Sunset Harbour Overlay District will continue to promote the
hip and trendy character of this unique pedestrian-friendly neighborhood.
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Appendix A. ART DECO/MIMO OVERLAY DISTRICT
ORDINANCE AND MEA, INC. REPORT
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SUNDAY NOVEMBER 1010 NEIGHBORS 2SNE
MIAMIHERALD.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 lour 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
fs 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://miamibeachfl-gay.zoom.us/(/86076255237 or via telephone at 1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar ID is:86076255237e.Members of the public
wanting to virtually speak on an item during the City Commission Meeting,must click the-raise hand'Icon If 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:
5:06 D.M.Second Readlna 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-RESIUENT 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 D.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 al 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:
CityClerktimiamibeachll.gov by 5:00 p.m.the day before the City Commission Meeting.Please Identify 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.mlamlbeachfl.gov/city-hall/city-clerk/agenda-archive-main-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 for 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 he broadcast live on Miami Beach TV (MBTV), viewable on the City's webslte at https://www.mlamlbeach0.gov/government/mbtv/,
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/cityolmiamibeach.
• Rafael E.Granada,City Clerk
City of Miami Beach
CityClerkiSmiamibeachff.gov
305.673.7411
Ad 11182020-05
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