Ordinance 2021-4437 Sunset Harbour CD-2 and I-1 Development Overlay
ORDINANCE NO. 2021-4437
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT
DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," (1) BY
AMENDING SECTION 142-305, "PROHIBITED USES,"TO PROHIBIT HOTELS,
APARTMENT HOTELS AND SUITE HOTELS IN THE SUNSET HARBOUR
AREA; AND (2) BY ESTABLISHING SECTION 142-312, "SUNSET
HARBOUR DEVELOPMENT REGULATIONS," AND BY AMENDING
DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY ESTABLISHING
SECTION 142-489, "SUNSET HARBOUR DEVELOPMENT REGULATIONS,"
TO MODIFY HEIGHT LIMITS, HEIGHT EXCEPTIONS, AND REGULATIONS
FOR SPECIAL EVENTS AND OUTDOOR SPEAKERS, ESTABLISH
LIMITATIONS FOR LOT SIZE AND LOT AGGREGATION, MODIFY
REQUIREMENTS FOR CLEAR PEDESTRIAN PATHS, AND ESTABLISH
LIMITATIONS FOR ESTABLISHMENTS OVER 25,000 SQUARE FEET IN THE
SUNSET HARBOUR NEIGHBORHOOD; AND (3) BY AMENDING CHAPTER
130, "OFF-STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," AT SECTION 133-33, "OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, 8, AND 9,"
TO MODIFY PARKING REQUIREMENTS FOR NON-RESIDENTIAL USES
ABOVE THE GROUND FLOOR IN PARKING DISTRICT NUMBER 5; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
APPLICABILITY 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 that has successfully evolved from a
primarily industrial neighborhood into a vibrant mixed-use residential neighborhood that is
characterized by its unique combination of residential, commercial, and industrial uses; and
WHEREAS, economic trends indicate that demand has increased for Class A office
space within the City as businesses relocate from other states to Miami Beach; and
WHEREAS, as defined by the Building Owners and Managers Association
International (BOMA), Class A Office Space consists of buildings offering office spaces that
are designed based on current work place design criteria, with high quality finishes, state of
the art systems, defined presence, exceptional accessibility and top of market rents for the
area; and
WHEREAS, Class A office space tends to require higher floor-to-ceiling heights than
other classes of office space; and
Page 1 of 11
WHEREAS, the development of Class A office space will promote the growth,
diversification, and resiliency of the City's economy; and
WHEREAS, in late 2020, a group of Sunset Harbour residents proposed a
Neighborhood Vision Plan, which would apply to future development and streetscape
improvements in the Sunset Harbour neighborhood; and
WHEREAS, the proposed changes in this Ordinance are intended to serve as the
initial implementation of the Sunset Harbour Neighborhood Vision Plan, creating updated
development regulations within the Sunset Harbour neighborhood to reflect the current
market conditions and neighborhood identity; and
WHEREAS, additionally, the proposed changes are necessary in order to promote
the development of Class A office space within the City; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 5, "CD-2 Commercial, Medium Intensity District," is hereby amended
as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-305. Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory
outdoor bar counters, except as provided in section 142-310, or in article IV, division 2 of
this chapter and in chapter 6.
Except as otherwise provided in these land development regulations, prohibited uses in
the CD-2 commercial medium intensity district also include the following:
(a) lin the Sunset Harbour Neighborhood, generally bounded by Purdy Avenue, 20th
Street, Alton Road and Dade Boulevard,ace-the-Wowing prohibited uses also include the
following:
Page 2 of 11
a. Hotels, apartment hotels,.suite hotels and hostels;
b. Outdoor entertainment establishments;
c. Neighborhood impact establishments;
d. Open air entertainment establishments;
e. Bars;
f. Dance halls; and
g, Entertainment establishments (as defined in section 114-1 of this Code).;
h. Pawnshops;
L Tobacco and vape dealers;
L Check cashing stores;
k. Convenience stores;
L Occult science establishments;
m. Souvenir and T-shirt shops;
n. Tattoo studios.
* * *
Sec. 142-312. Sunset Harbour Development Regulations.
fa) The Sunset HarbourHarbour Neighborhood incorporates the parcels in the area bounded by
20th Street on the north, Alton Road on the east, Dade Boulevard on the south, and Purdy
Avenue on the west as depicted in the map below:
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The following regulations shall apply to CD-2 properties within the Sunset Harbour
Neighborhood:
a) Clear pedestrian path. The applicable standards for a"clear pedestrian path"established
in sections 133-61 and 133-62 shall apply to new development, except as follows:
a. The clear pedestrian path shall be at least ten (10')feet wide.
b. The design review board may approve the reduction of the clear pedestrian path
requirement to no less than five (5) feet in order to accommodate street trees,
required utility apparatus, or other street furniture, subject to the design review
criteria.
(2) Height. Notwithstanding the requirements of Sec. 142-306, the following maximum
building height regulations shall apply to the Sunset HarbourHarbour Neighborhood:
a. The maximum building height shall be 55 feet, except as noted below.
b. The design review board may approve development at a maximum building height
of 65 feet on the following properties:
1. Properties fronting Dade Boulevard between Alton Road and Bay Road.
2. Properties fronting Alton Road between 20th Street and Dade Boulevard.
3. Properties fronting Purdy Avenue between 18th Street and Dade Boulevard.
c. The design review board may only approve development at a height greater than 55
feet subject to the design review criteria and the following regulations:
1. The property shall have a minimum lot size of 10,000 square feet.
2. The development shall consist solely of office use above the ground level
of the structure, and provided that residential uses may be permitted on
such properties up to a maximum FAR of 2.0 pursuant to Section 142-
307(d)(1), but only if the first 1.5 FAR of development is dedicated to office
use and ground floor commercial use.
3. The ground floor shall contain retail, personal service, restaurant and
similar types of active uses fronting the clear pedestrian path.
4. Portions of the building exceeding 55 feet in height that abut a residential
use shall be set back a minimum of ten (10)feet from the residential use.
5. Portions of the building exceeding 55 feet in height that are located on Alton
Road shall be set back a minimum of 150 feet from 20th Street.
6. Portions of the building exceeding 55 feet in height that are located on
Dade Boulevard shall be set back a minimum of 100 feet from Bay Road.
Page 4 of 11
7. Portions of the building exceeding 55 feet in height that are located along
18th Street between Bay Road and Purdy Avenue shall be set back a
minimum of 12 feet from the property line.
(2) Height Exceptions. In general, rooftop elements that are exempt from a building's
maximum building height pursuant to this subsection (b)(3) shall be located in a manner
to minimize visual impacts on predominant neighborhood view corridors as viewed from
public rights-of-way and waterways. The height regulation exceptions contained in
section 142-1161 shall not apply to the Sunset Harbour Neighborhood. Instead, only the
following height exceptions shall apply to the Sunset Harbour Neighborhood and, unless
otherwise specified, shall not exceed ten feet above the main roof of the structure:
a. Roof-top operational and mechanical equipment. This exception shall be limited to
essential, non-habitable, building elements such as mechanical rooms/devices, air
conditioning and cooling equipment, generators, electrical and plumbing equipment,
as well as any required screening. The height of such elements shall not exceed 25
feet above the roof slab. The foregoing operational and mechanical equipment shall
require the review and approval of the Design Review Board and shall be set back
from the building perimeter by no less than 25 feet from roof parapets on street facing
facades.
b. Roof-top elevator towers, including code required vestibules, and stair towers, with
the height of such structures not exceeding 25 feet above the roof slab. Proiectinq
overhangs at the doorways to elevator vestibules and stair towers required by the
Florida Building Code may be permitted, provided the proiection does not exceed the
minimum size dimensions required under the Florida Building Code. The foregoing
elements shall require the review and approval of the Design Review Board and shall
be set back from the building perimeter by no less than 25 feet from roof parapets
on street facing facades. Notwithstanding the foregoing, the requirement for Design
Review Board approval, as well as the perimeter setback, shall not apply to private
elevator and/or private stairs from a residential unit to a private roof deck.
c. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar
elements. Such elements shall be set back a minimum of 15 feet from the roof
parapets on street-facing facades.
d. Decks located more than six inches above the top of the roof slab, and not exceeding
three feet above the roof slab, may be permitted provided the deck area is no more
than 50 percent of the enclosed floor area immediately one floor below.
e. Rooftop areas that are accessible only to the owners or tenants of residential units
may have trellises, pergolas or similar structures that have an open roof of cross
rafters or latticework. Such structures shall not exceed a combined area of 20 percent
of the enclosed floor area immediately one floor below and shall be set back a
minimum of 20 feet from the property line and no less than 10 feet from the roof
parapets on street-facing facades.
f. Roof-top pools, not to exceed five feet above the roof slab, shall be limited to main
use residential buildings, or mixed use/office buildings where at least 25% of the floor
area is dedicated to non-transient residential units. Such pools may have up to a
four-foot-wide walkway around the pool. Additionally, bathrooms required by the
Florida Building Code, not to exceed the minimum size dimensions required under
the Florida Building Code, may be permitted provided such bathrooms are set back
a minimum of 20 feet from the property line and no less than 10 feet from the roof
Page 5 of 11
parapets on street-facing facades and shall not exceed 13 feet in height measured
from the finished elevation of the roof deck or 16 feet in height measured from the
roof slab, whichever is less.
g_ Parapets shall not exceed four feet in height above the main roof.
h. Exterior speakers required to meet applicable requirements of the Life Safety or
Florida Building Code.
i. Allowable height exceptions located within 25 feet of the property line along a street
facing facade of the building, or within 20 feet of an interior lot line abutting a
residential use, shall not exceed 10 feet in height measured from the finished
elevation of the roof deck or 13 feet in height measured from the roof slab, whichever
is less. The Design Review Board may waive this minimum setback along a street
facing facade of the building, but in no instance shall the setback be less than 15
feet from the property line.
(4) Lot Aggregation. Except for office or residential development, no more than six (6)
platted lots may be aggregated.
(5) Lot Size. Except for office or residential development, the maximum lot size shall not
exceed 36,000 square feet. Notwithstanding the foregoing, the provisions of this
paragraph shall not apply to any lot larger than 36,000 square feet that existed prior to
January 1, 2021.
(6) Number of Large Establishments and Conditional Use Permit (CUP) Requirements.
Conditional use approval from the Planning Board shall be required for retail, personal
service, and/or restaurant uses within a development that is greater than 25,000 square
feet in size. Additionally, no more than two such developments shall be permitted within
the Sunset Harbour Neighborhood.
(7) Special Events. City approved special events shall be prohibited at alcoholic beverage
establishments. Notwithstanding the foregoing, permitted special events at venues not
meeting the definition of an alcoholic beverage establishment shall cease no later than
9:00 p.m., seven days a week.
(8) Outdoor Speakers. Outdoor speakers shall be prohibited on all levels of the exterior of a
building, including roof tops, unless such speakers are required pursuant to the Life
Safety or Florida Building Code.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 11, "1-1 Light Industrial District," is hereby amended as follows:
DIVISION 11. I-1 LIGHT INDUSTRIAL DISTRICT
Page 6 of 11
Sec. 142-489. Sunset Harbour Development Regulations.
(a) The Sunset Harbour Neighborhood incorporates the parcels in the area bounded by 20th
Street on the north, Alton Road on the east, Dade Boulevard on the south, and Purdy Avenue
on the west as depicted in the map below:
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.(b) The following regulations shall apply to I-1 properties within the Sunset Harbour
Neighborhood:
(1) Clear pedestrian path. The applicable standards for a "clear pedestrian path" established
in sections 133-61 and 133-62 shall apply to new development, as follows:
a. The clear pedestrian path shall be at least ten (10')feet wide.
b. The design review board may approve the reduction of the clear pedestrian path
requirement to no less than five (5) feet in order to accommodate street trees,
required utility apparatus, or other street furniture, subject to the design review
criteria.
(2) Height. Notwithstanding the requirements of Sec. 142-486, the following maximum
building height requirements shall apply to the Sunset Harbour Neighborhood:
a. The maximum height shall be 55 feet.
Page 7 of 11
(3) Height Exceptions. In general, rooftop elements that are exempt from a building's
maximum building height pursuant to this subsection (b)(3) shall be located in a manner to
minimize visual impacts on predominant neighborhood view corridors as viewed from public
rights-of-way and waterways. The height regulation exceptions contained in section 142-
1161 shall not apply to the Sunset Harbour Area. Instead, only the following height exceptions
shall apply to the Sunset Harbour Area, and unless otherwise specified, shall not exceed ten
feet above the main roof of the structure:
a. Roof-top operational and mechanical equipment. This exception shall be limited to
essential, non-habitable, building elements such as mechanical rooms/devices, air
conditioning and cooling equipment, generators, electrical and plumbing equipment,
as well as any required screening. The height of such elements shall not exceed 25
feet above the roof slab. The foregoing operational and mechanical equipment shall
require the review and approval of the Design Review Board and shall be set back
from the building perimeter by no less than 25 feet from roof parapets on street facing
facades.
b. Roof-top elevator towers, including code required vestibules, and stair towers, with
the height of such structures not exceeding 25 feet above the roof slab. Projecting
overhangs at the doorways to elevator vestibules and stair towers required by the
Florida Building Code may be permitted, provided the projection does not exceed the
minimum size dimensions required under the Florida Building Code. The foregoing
elements shall require the review and approval of the Design Review Board and shall
be set back from the building perimeter by no less than 25 feet from the roof parapets
on street facing facades.
c. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar
elements. Such elements shall be set back a minimum of 15 feet from the roof
parapets on street-facing facades.
d. Decks located more than six inches above the top of the roof slab, and not exceeding
three feet above the roof slab, may be permitted provided the deck area is no more
than 50 percent of the enclosed floor area immediately one floor below.
e. Rooftop areas that are accessible only to the owners or tenants of residential units
may have trellises, pergolas or similar structures that have an open roof of cross
rafters or latticework. Such structures shall not exceed a combined area of 20 percent
of the enclosed floor area immediately one floor below and shall be set back a
minimum of 20 feet from the property line and no less than 10 feet from the roof
parapets on street-facing facades.
f. Roof-top pools, not to exceed five feet above the roof slab, shall be limited to main
use residential buildings, or mixed use/office buildings where at least 25% of the floor
area is dedicated to non-transient residential units. Such pools may have up to a
four-foot-wide walkway around the pool. Additionally, bathrooms required by the
Florida Building Code, not to exceed the minimum size dimensions required under
the Florida Building Code, may be permitted provided such bathrooms are set back
a minimum of 20 feet from the property line and no less than 10 feet from the roof
parapets on street-facing facades and shall not exceed 13 feet in height measured
from the finished elevation of the roof deck or 16 feet in height measured from the
roof slab, whichever is less.
g_ Parapets shall not exceed four feet in height above the main roof.
Page 8 of 11
h. Exterior speakers required to meet applicable requirements of the Life Safety or
Florida Building Code.
L Allowable height exceptions located within 25 feet of the property line along a street
facing facade of the building, or within 20 feet of an interior lot line abutting a
residential use, shall not exceed 10 feet in height measured from the finished
elevation of the roof deck or 13 feet in height measured from the roof slab, whichever
is less. The Design Review Board may waive this minimum setback along a street
facing facade of the building, but in no instance shall the setback be less than 15
feet from the property line.
(4) Lot Aggregation. Except for office development, no more than six(6)platted lots may be
aggregated.
(5) Lot Size. Except for office development, the maximum lot size shall not exceed 36,000
square feet. Notwithstanding the forgoing, the provisions of this paragraph shall not
apply to any lot larger than 36,000 square feet that existed prior to January 1, 2021.
(6) Number of Large Establishments and Conditional Use Permit (CUP) Requirements.
Conditional use approval from the Planning Board shall be required for retail, personal
service, and/or restaurant uses within a development that is greater than 25,000 square
feet in size. Additionally, no more than two such developments shall be permitted within
the Sunset Harbour Neighborhood.
(7) Special Events. City approved special events shall be prohibited at alcoholic beverage
establishments. Notwithstanding the foregoing, permitted special events at venues not
meeting the definition of an alcoholic beverage establishment shall cease no later than
9:00 p.m., seven days a week.
(8) Outdoor Speakers. Outdoor speakers shall be prohibited on all levels of the exterior of a
building, including roof tops, unless such speakers are required pursuant to the Life-
Safety or Florida Building Code.
SECTION 3. Chapter 130, "Off-Street Parking" Article II, "District Requirements," at Section
133-33, "Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, 7, 8, and 9," is
hereby amended as follows:
CHAPTER 130
OFF-STREET PARKING
ARTICLE II. DISTRICTS; REQUIREMENTS
* * *
Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, 7, 8,
and 9.
Page 9 of 11
(b) [Parking district no. 5.] Except as otherwise provided in these land development regulations,
when any building or structure is erected or altered in parking district no. 5, off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. For
uses not listed below, the off-street parking requirement shall be the same as for parking
district no. 1 in section 130-32.
(1) Restaurant with alcoholic beverage license or other establishment for consumption of
food or beverages: No parking requirement for an individual establishment of less than
100 seats that does not exceed 3,500 square feet of floor area. To the extent that an
establishment exceeds 100 seats and/or 3,500 square feet of floor area, one parking
space per four seats and one parking space per 60 square feet of floor area not used for
seating shall be required. Such parking may be satisfied by paying an annual fee in lieu
of providing the required parking in accordance with section 130-132.
(2) Retail store, or food store, or personal service establishment: There shall be no parking
requirement for individual establishments of 3,500 square feet or less. An establishment
over 3,500 square feet shall provide one space per 300 square feet of floor area for retail
space that exceeds 3,500 square feet of floor area. Such parking may be satisfied by
paying an annual fee in lieu of providing the required parking in accordance with section
130-132.
(3) Developments greater than 10,000 square feet of new construction: For new
construction that is between 10,000 to 15,000 square feet, in lieu of providing required
parking on site, a one-time fee may be paid prior to the issuance of the building permit,
for that portion of new construction between 10,000 and 15,000 square feet. All portions
of new construction that is greater than 15,000 square feet shall provide all the required
parking on site.
(4) There shall be no parking requirement for non-residential uses located above the ground
floor, regardless of square footage. Notwithstanding the foregoing, required parking for
office uses may be provided on-site, pursuant to the regulations for parking district no.
1. Such required parking, if provided for office uses, shall be exempt from FAR, in
accordance with the regulations in chapter 114 of these land development regulations.
Removal of existing parking spaces: No existing required parking space may be
eliminated, except through the provisions of section 130-35, or through the payment of
the one-time fee in lieu of providing the parking in effect at the time, which shall be paid
prior to the approval of a building permit, provided such elimination of parking spaces
does not result in an FAR penalty(exceeding permitted floor area ratio
(5)u Modifications to existing structures to meet raised street and sidewalk levels: There
shall be no parking requirement for existing structures that raise the entire ground or first
floor of the structure to meet or exceed the height of the abutting sidewalk(s).The parking
requirement for any addition, up to 10,000 square feet, may be satisfied by paying an
annual fee in lieu of providing the required parking in an amount equal to two percent of
the total amount due for all of the uses within the proposed building. Additionally, any
existing required parking spaces, which are located at the first level or open to the sky
at the roof level, may be eliminated, without paying a fee in lieu of parking).
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
Page 10 of 11
herewith are hereby repealed.
SECTION 5. 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 re-numbered or re-lettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this dg day of JuJ , 2021.
ATTEST: B
�fri(Z.ccv( I f '�'ORAT D;n Gelber, Mayor
:INCORP ORATED: g
Rafael . Granado, City Clerk ,
,� .. :' ��'PROVED AS TO FORM AND
h,��QCH=26n'\�=ANGUAGE AND FOR EXECUTION
First Reading: May 12, 2021 ''n%p\%%%%%%��
Second Readin•• July28, 20 1. It (g4)-DA
1) City Atto y Da e
Verified by: • r
T omas R. Moody, AICP
Planning Directs
T:\Agenda\2021\10_July 28\Planning\7-28-21 Ordinances final vesion-Word document\Sunset Harbor 11 and CD2 Overlay-
ADOPTED ORD.docx
Page 11 of 11
Ordinances-R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
5:02 p.m. Second Reading Public Hearing
SUBJECT:SUNSET HARBOUR CD-2 AND L-1 DEVELOPMENT OVERLAY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," (1) BY AMENDING SECTION 142-305,
"PROHIBITED USES," TO PROHIBIT HOTELS,APARTMENT HOTELS AND
SUITE HOTELS IN THE SUNSET HARBOUR AREA; AND (2) BY
ESTABLISHING SECTION 142-312, "SUNSET HARBOUR DEVELOPMENT
REGULATIONS," AND BY AMENDING DIVISION 11, "L-1 LIGHT
INDUSTRIAL DISTRICT," BY ESTABLISHING SECTION 142-489, "SUNSET
HARBOUR DEVELOPMENT REGULATIONS," TO MODIFY HEIGHT
LIMITS, HEIGHT EXCEPTIONS, AND REGULATIONS FOR SPECIAL
EVENTS AND OUTDOOR SPEAKERS, ESTABLISH LIMITATIONS FOR
LOT SIZE AND LOT AGGREGATION, MODIFY REQUIREMENTS FOR
CLEAR PEDESTRIAN PATHS, AND ESTABLISH LIMITATIONS FOR
ESTABLISHMENTS OVER 25,000 SQUARE FEET IN THE SUNSET
HARBOUR NEIGHBORHOOD; AND (3) BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS,"
AT SECTION 133-33, "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NOS. 2, 3,4, 5, 6, 7, 8,AND 9," TO MODIFY PARKING
REQUIREMENTS FOR NON-RESIDENTIAL USES ABOVE THE GROUND
FLOOR IN PARKING DISTRICT NUMBER 5; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, APPLICABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND/HISTORY
On September 16, 2020, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item pertaining to lot aggregation, lot size and parking requirements in the
Sunset Harbor area to the Land Use and Sustainability Committee (item C4K). On October 14,
2020 the item was discussed by the LUSC and continued to December 15, 2020.
Page 1036 of 2012
•
The item sponsor convened a community meeting on December 1, 2020 involving affected
residents of the Sunset Harbor area. Topics of discussion included the mix of uses that make
Sunset Harbor unique, as well as the need to maintain the exceptional character and identity of
the neighborhood. The concept of a Neighborhood Vision Plan was also discussed at the
December 1, 2020 community meeting. The concepts proposed in this plan included
modifications to the height regulations in the larger Sunset Harbor area, as well as minimum
setbacks for higher floors.
On December 15, 2020 the LUSC discussed the item and continued it to the January 2021
LUSC, with direction to the Administration to prepare a draft ordinance based upon the
recommendations in the LUSC memo, as well as the applicable concepts included in the
Neighborhood Vision Plan prepared by the residents of Sunset Harbor. On January 20, 2021,
the LUSC reviewed and discussed the draft Ordinance prepared by the Administration and
recommended that the City Commission refer the item to the Planning Board, with the following
modifications:
• 1. The proposed increase in height to 65'shall only be applicable to office uses.
2. The areas where 65' in height are permitted shall incorporate a distance separation from
residential uses along Dade Boulevard and 20th Street.
3. Parapets shall be limited to a maximum height of four feet above roof decks.
4. No recommendation of the LUSC is provided regarding the proposed modifications to
Chapter 130, pertaining to off-street parking requirements. Instead the LUSC recommended
that the Planning Board provide input regarding the proposed amendments to Chapter 130.
On February 10, 2021, at the request of Commissioner Ricky Arriola, the City Commission
referred the proposed Ordinance to the Planning Board for review and recommendation (Item
C4 B).
ANALYSIS
PLANNING ANALYSIS
Recently, the City Commission approved a neighborhood identity overlay district for the Sunset
Harbor area. In furtherance of this overlay, staff recommended that the outer portion of the
Sunset Harbor area, generally including those lots fronting on Dade Boulevard and Alton Road,,
be further studied regarding the potential proliferation of oversized uses.
In this regard, given the overall size of the lots facing these thoroughfares, and the ability to
provide an excessive amount of onsite vehicular storage, additional regulations to ensure the
unique character of the Sunset Harbor area have been recommended. With the availability of
parking in the Sunset Harbor parking garage the need for excessive vehicle storage within
private sites becomes less critical. Also, the aggregation of multiple lots for the express
purpose of creating oversized development would be contrary to the established scale,
character, and context of the Sunset Harbor area.
To address these issues, staff identified the following potential development regulations for the
Page 1037 of 2012
Sunset Harbor area, which are part of the attached draft Ordinance:
Required Off-Street Vehicle Parking
The Sunset Harbor parking garage, which is centrally located and under capacity, provides a
tangible option for the operational parking needs of retail, restaurant and other commercial uses
in the area.As such, a reduction or elimination of parking requirements for all commercial uses
was recommended. Within larger development sites, this regulation would significantly control
the oversized scale, massing and volumes of larger developments by removing the need for
large parking pedestals.
The proposed Ordinance removes the minimum off-street parking requirement for non-
residential uses above the ground floor in Parking District No. 5, which is specific to Sunset
Harbour. However, parking for office uses above the ground floor, up to the level required in
Parking District 1, can be provided without counting against FAR limits. Due to the changing
needs of office developments and increases in remote work, it is expected that an office
developer will be able to better determine the parking demands of employees and tenants.
Lot Aggregation
Limits on the number of lots that can be aggregated for retail, personal service or restaurant
uses was discussed and recommended to avoid out of scale developments. The proposed
Ordinance limits lot aggregation to no more than six (6) platted lots, unless it is for an office
development.
Lot Size
Like the lot aggregation proposal, a limit on overall lot size for development would foster a more
cohesive, context sensitive type of infill development pattern, particularly along the outer edges
of Sunset Harbor. The proposed Ordinance provides that the maximum lot size shall not exceed
36,000 square feet. However, the Ordinance also provides that the provisions of this paragraph
shall not apply to any lot larger than 36,000 square feet that existed prior to January 1, 2021 or
to office development.
Conditional Use Permit(CUP)for Large Establishments
Currently a CUP is required for developments that exceed 50,000 square feet in the CD-2 and
I-1 districts. In order to better manage the potential concentration of larger developments, a
CUP would be required for establishments over 25,000 square feet. A similar requirement
exists in the North Beach Town Center (TC-C district), and the TC-C district also limits the
number of establishments over 25,000 square feet to two establishments. A similar limitations of
two establishments is also proposed for the Sunset Harbor neighborhood.
Neighborhood Vision Plan
The subject Ordinance includes the recommendations noted above, as well as the measurable
concepts proposed in the Neighborhood Vision Plan for Sunset Harbor. The following is a
general summary of what is included in the attached ordinance:
1. Development Overlay. An overlay area has been created within the CD-2 and I-1 district
regulations that is specific to the Sunset Harbor neighborhood.
2. Clear Pedestrian Path. A clear pedestrian path of ten (10') feet is required; the DRB may
allow for the path to be reduced to five (5)feet subject to the design review criteria.
Page 1038 of 2012
3. Height. The DRB may increase the maximum building height to 65 feet for office uses on the
following properties:
a. Properties fronting Dade Boulevard between Alton Road and Bay Road;
b. Properties fronting Alton Road between 20th Street and Dade Boulevard; and
c. Properties fronting Purdy Avenue between 18th Street and Dade Boulevard.
4. Height Criteria. In addition to approval from the design review board, the increase in the
maximum height to 65 feet for the above noted properties shall be subject to the design review
criteria and the following regulations:
a. The property shall have a minimum lot size of 10,000 square feet.
b. The development shall consist solely of office use above the ground level of the structure,
and provided that residential uses may be permitted on such properties up to a maximum FAR
of 2.0 pursuant to Section 142-307(d)(1), but only if the first 1.5 FAR of development is
dedicated to office use and ground floor commercial use.
c. The ground floor shall contain retail, personal service, restaurant, and similar types of active
uses fronting the clear pedestrian path.
d. Portions of the building exceeding 55 feet in height that abut a residential use shall be
setback a minimum of ten(10)feet from the residential use.
e. Portions of the building exceeding 55 feet in height that are located on Alton Road shall be
setback a minimum of 150 feet from 20th Street.
f. Portions of the building exceeding 55 feet in height that are located on Dade Boulevard shall
be setback a minimum of 100 feet from Bay Road.
g. Portions of the building exceeding 55 feet in height that are located along 18th Street
between Bay Road and Purdy Avenue shall be set back a minimum of 12 feet from the property
line.
5. Height Exceptions. The following height exceptions have been created for the Sunset Harbor
Area and, unless otherwise specified, shall not exceed ten feet above the main roof of the
structure:
a. Roof-top operational and mechanical equipment. This exception shall be limited to essential,
non-habitable, building elements such as mechanical rooms/devices, air conditioning and
cooling equipment, generators, electrical and plumbing equipment, as well as any required
screening. The height of such elements shall not exceed 25 feet above the roof slab. The
foregoing operational and mechanical equipment shall require the review and approval of the
Design Review Board and shall be set back from the building perimeter by no less than 25 feet
from roof parapets on street facing facades.
b. Elevators and Stair Towers. Roof-top elevator towers, including code required vestibules, and
stair towers, with the height of such structures not exceeding 25 feet above the roof slab.
Page 1039 of 2012
Projecting overhangs at the doorways to elevator vestibules and stair towers required by the
Florida Building Code may be permitted, provided the projection does not exceed the minimum
size dimensions required under the Florida Building Code. The foregoing elements shall require
the review and approval of the Design Review Board and shall be set back from the building
perimeter by no less than 25 feet from roof parapets on street facing facades. Notwithstanding
the forgoing, the requirement for Design Review Board approval, as well as the perimeter
setback, shall not apply to private elevator and/or private stairs from a residential unit to a private
roof deck.
c. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar elements.
Such elements shall be set back a minimum of 15 feet from the roof parapets on street-facing
facades.
d. Decks. Decks located more than six inches above the top of the roof slab, and not exceeding
three feet above the roof slab, may be permitted provided the deck area is no more than 50
percent of the enclosed floor area immediately one floor below.
e. Private rooftop areas. Rooftop areas that are accessible only to the owners or tenants of
residential units may have trellis, pergolas or similar structures that have an open roof of cross
rafters or latticework. Such structures shall not exceed a combined area of 20 percent of the
enclosed floor area immediately one floor below and shall be set back-a minimum of 15 feet
from the roof parapets on street-facing facades.
f. Rooftop pools. Roof-top pools, not to exceed five feet above the roof slab, shall be limited to
main use residential buildings, or mixed use/office buildings where at least 25% of the floor area
is dedicated to non-transient residential units. Such pools may have up to a four-foot wide
walkway around the pool. Additionally, bathrooms required by the Florida Building Code, not to
exceed the minimum size dimensions required under the Florida Building Code, may be
permitted provided such bathrooms are set back a minimum of 15 feet from the roof parapets
on street-facing facades
g. Parapets. Parapets shall not exceed four feet in height above the main roof.
h. Speakers. Exterior speakers required to meet applicable requirements of the Life Safety or
Florida Building Code.
i. Height Exception Setback.Allowable height exceptions located within 25 feet of the parapet
along a street facing façade of the building, or an interior lot line abutting a residential use, shall
not exceed 10 feet in height. The Design Review Board may waive this minimum setback from
the parapet along a street facing façade of the building, but in no instance shall the setback be
less than 15 feet.
6. Special Events. City-approved special events shall be prohibited at alcoholic beverage
establishments. Notwithstanding the foregoing, permitted special events shall cease no later
than 9:00 p.m., seven days a week.
7. Outdoor Speakers. Outdoor speakers shall be prohibited on all levels of the exterior of a
building, including roof tops, unless such speakers are required pursuant to the Life Safety or
Florida Building Code.
Page 1040 of 2012
8. Hotel Prohibition. The proposed ordinance adds hotels, apartment hotels, suite hotels to the
list of prohibited uses. This is in addition to hostels that were already prohibited in the area. This
is intended to ensure that development in the area remains neighborhood oriented.
PLANNING BOARD REVIEW
On March 23, 2021, the Planning Board discussed the item and continued it to the April 27,
2021 meeting. On April 27, 2021, the Planning Board held a public hearing and transmitted the
ordinance to the City Commission with a favorable recommendation by a vote of 6-0. As part of
this recommendation, the Planning Board also recommended the following revisions to the
Ordinance:
SECTIONS 142-312(b)(3)e and 142-489(b)(3)e:
e. Rooftop areas that are accessible only to the owners or tenants or residential units may have
trellis, pergolas, or similar structures that have an open roof of cross rafters or latticework. Such
structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one
floor below and shall be set back a minimum of 46 2 feet from the property line and no less than 10
feet from the roof parapet on the street-facing facades.
SECTION 142-312(b)(3)f and 142-489(b)(3)f:
f. Roof-top pools, not to exceed five feet above the roof slab, shall be limited to main use
residential buildings, or mixed use/office buildings where at least 25%of the floor area is dedicated to
non-transient residential units. Such pools may have up to a four-foot wide walkway around the
pool. Additionally, bathrooms required by the Florida Building Code, not to exceed the minimum size
dimensions required under the Florida Building Code, may be permitted provided such bathrooms
are set back a minimum of 46 ZQ feet from the property line and no less than 10 feet from the roof
parapets on street-facing facades and shall not exceed 13 feet in height measured from the finished
elevation of the roof deck or 16 feet in height measured from the roof slab. whichever is less.
SECTION 142-312(b)(3)i and 142-489(b)(3)i:
i. Allowable height exceptions located within 25 feet of the parapet property line along a street
facing facade of the building, or within 20 feet of an interior lot line abutting a residential use, shall not
exceed 10 feet in height measured from the finished elevation of the roof deck or t3 feet in height
measured from the roof slab. whichever is less. The Design Review Board may waive this minimum
setback frame-parapet along a street facing facade of the building, but in no instance shall the
setback be less than 15 feet from the property line.
Additionally, the Planning Board, by a vote of 5-1, recommended an applicability section that
would provide an exception from the provisions of this Ordinance to Design Review Board
applications that have been filed and assigned a file number prior to April 27, 2021. This
proposed applicability section would apply to 2 DRB applications.
The recommendations of the Planning Board have been incorporated into the draft Ordinance
for First Reading.
SUMMARY
The Administration believes that the subject Ordinance, inclusive of the recommendations of the
Planning Board, is an accurate reflection of the proposed Neighborhood Vision Plan for Sunset
Harbor. The process of developing the Ordinance has been collaborative, and the
Administration commends the residents of Sunset Harbour for their efforts, patience and
diligence in partnering with the City on the proposal.
Page 1041 of 2012
•
Regarding the proposed applicability section, including hotel uses, the Administration does not
have any objections to this section as it is limited to 2 DRB applications. Additionally, the
proposed hotel project, assuming it is approved by the DRB and moves forward, 'would be
located at the corner of Dade Boulevard and Alton Road, which is at the outer perimeter of the
Sunset Harbor area. Finally, the developer of this hotel project has voluntarily proffered to
reduce and limit the occupancy of the hotel units, below what is currently required under the City
Code.
•
UPDATE
The Ordinance was approved at First Reading on May 12, 2021 with no changes. The City
Commission also requested that the following be addressed:
1. The proposer for the hotel project requesting the applicability provision should continue to
meet with and try to find a compromise with the community and address concerns and fears
people have regarding a hotel in the neighborhood.
2. Consideration be given to a provision for special events during certain holidays. In this regard,
the Administration recommends that the following sentence be discussed,for possible inclusion
within the special events regulation of the overlay:
Special Events. City approved special events shall be prohibited at alcoholic beverage
establishments. Notwithstanding the foregoing, permitted special events at venues not meeting
the definition of an alcoholic beverage establishment shall cease no later than 9:00 p.m.. seven
days a week. However. permitted special events at venues not meeting the definition of
an alcoholic beverage establishment shall cease no later than 11:00 p.m.. when the
event occurs on a national holiday or during a special event period identified by the
On June 23, 2021 the Ordinance came before the City Commission at Second Reading and
was continued to July 28, 2021 in order to provide more time for the proposer of the hotel
project to meet with affected residents in the Sunset Harbour area to address community
concerns.
SUPPORTING SURVEY DATA
Maintain and promote appropriate development
CONCLUSION
The Administration recommends that the City Commission adopt the 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
Page 1042 of 2012
Planning
Sponsor
Vice-Mayor Ricky Arcola
ATTACHMENTS:
Description
o Ordinance
n Ad
Page 1043 of 2012
1BNE f NEIGHBORS I 1 SUNDAY lUlY11702f
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE SUNSET HARBOUR ORDINANCE AMENDING THE LINCOLN ROAD
CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT RETAIL USE AND SIZE LIMITS
AND THE L-1 LIGHT INDUSTRIAL DISTRICT JULY 28,2021 CITY COMMISSION MEETING
DEVELOPMENT OVERLAY On July 28,2021,the City of Miami Beach wilt host a Hybrid Commission Meeting.During the Hybrid Commission
Meeting,the City Commission will be physically present in a socially distanced manner in the Commission Chamber,
JULY 28,2021 CITY COMMISSION MEETING Miami Beach City Mal,1700 Convention Center Drive,3rd Floor,Miami Beach,FL33139.Applcantsand the public art
encouraged to attend the meeting virtually(as provided below).However,members of the public who wish to attend
On July 28,2021,the City of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid Commission M.ee5trg, the meeting or provide public Crammed in person may appear at the Commission Chamber.Members of the public are
the City Commission MU be physically present in a socially distanced manner In the Commission Chamber,Miami Beach City strongly encouraged to wear facial coverings and observe social distancing,consistent with CDC guidance to limit the
Had,1700 Contention Center Drive,3rd Row,Miami Beam.FL 33139.Applicants and the public are encouraged to attend spread of COND19.
the meeting virtually(as provided below).However,members al the pick who wish to attend the meeting or provide public To participate or provide comment virtually during the Commission Meeting,the public may join the webinar at
comment in person may appear at the C4mnrasion Chamber.Members of the public are strongly encouraged IS wear facial
hulas:
coverings and observe social distancing,consistent with CDC guidance to limit the spread of CDV1019. (lmtamibeachOgovzoom.us/j181392857671 or ria telephone at1.301.715,8592(USI o 886.475.4449(Toll Free).
Welling ID:81392857671 Y.Members of the public wanting to speakvirtually on an Item during the meeting,most click the
To patgdpate or provide comment virtually during the Commission Meeting,the public may join the webinar ac 'raise hand"icon it usla9 tine Zoom app an press 9 on tire titephone to raise thdin hand.
httosltmHmDeampgovzoom.usq/81392857671 or via telephone at:1.301.715.8592(U.S)or 888.475.4499(Toll Free).
Webtner ID:8139285767111.Members of the public warning to speak virtually an an hem during the meeting,must dirk Te NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City Commissioners oI the
'raise Kana'icon it using the Zoom app or press'9 on the telephone to raise their hand. City of Miami Beach,Florida,on duly 212021 al 5:03 p.m.oras soon thereafter as the matter can be heard:
NOTICE IS HEREBY GIVEN cal the Mowing Pubes Hearing aI8 be heard by the Mayor and City Commissiaters al the laailaLlisragEndInstfuldislIncloi
cny al Miami Beach,Florida,on July 2B,2112!at 0:03 pm.or as soon thereafter as the matter cart Ito heard: LINCOLN ROAD RETAIL USE AND SIZE LIMITS
5:g2o,m.SeconAseadloayR►BcNoarlBy AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING
9:BOe HARBOUR Rambo
AND IA cHcarlog DEVELOPMENT OVERLAY
THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTITLED'LAND DEVELOPMENT REGULATIONS,"BY
SUNSEAN ORDINANCE OF THE MAYOR ANO CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER AMENDING CHAPTER 114 OF THE CITY CODE,ENTITLED'GENERAL PROVISIONS,"SECTION 114.1,"DEFINITIONS,"
142.10NING DISTRICTS AND REGULATIONS,'ARTICLE IL'DISTRICT REGULATIONS,"AT DIVISION 5,'CH COMMERCIAL, TO ESTABLISH DEFINITIONS FOR"PRODUCTION STUDIO"AND RELATED TERMS;AND AMENDING CHAPTER 142,
MEDIUM INTENSITY DISTRICT;'III BY AMENDING SECTOR 142-305,"PROHIBITED USES,"TO PROHIBIT HOTELS, ENTITLED-ZONING DISTRICTS AND REGULATIONS,'ARTICLE IL ENTITLED"DISTRICT REGULATIONS,"DIVISION
APARTMENT HOTELS AND SUITE HOTELS IN THE SUNSET HARBOUR AREA;AND(2)BY ESTABLISHING SECTION 142.312, 6,ENTITLED"CD•3 COMMERCIAL.HIGH INTENSITY DISTRICT'AT SECTION 142.332,ENTITLED'MAIN PERMITTED
'SUNSET HARBOUR DEVELOPMENT REGULATIONS;AND BY AMENDING DIVISION 11,1"1 LIGNTINDUSTRIAL DISTRICT: USES,"TO AMEND THE LIST OF MAIN PERMITTED USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD,
TN ESTABLISHING SECTION 142.489,"SUNSET HARBOUR DEVELOPMENT REGULATIONS,'TO MODIFY HEIGHT LIMITS, BETWEEN COLLINS AVENUE AND ALTON ROAD;AT SECTION 142-333,ENTITLED"CONDITIONAL USES;TO AMEND
HEIGHT ExCEPTIONS,AND REGULATIONS FOR SPECIAL EVENTS AND OUTDOOR SPEAKERS,ESTABLISH LIMITATIONS THE LIST OF CONDITIONAL USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD•BETWEEN COLLINS
FOR LOT SIZE AND LOT AGGREGATION,MODIFY REQUIREMENTS FOR CLEAR PEDESTRIAN PATHS,ANO ESTABLISH AVENUE AND ALTON ROAD;AND AT SECTION 142-335,ENTITLED`PROHIBITED USES,"TO AMEND THE LIST OF
LIMITATIONS FOR ESTABLISHMENTS OVER 25,000 SQUARE FEET IN THE SUNSET HARBOUR NEIGHBORHOOD;AND PROHIBITED USES FOR PROPERTIES WTTHA LOT LINE ON LINCOLN ROVE.BET WEEN COLLINS AVENUE AND ALTON
(3)BY AMENDING CHAPTER 13E,'OFF'STREETPARKING;ARTICLE t,'DISTRICTS;REOUIREMENTS."AT SECTION 13333, ROAD;AND PROVIDING FOR COOIFICAI1DN,REPEALER,SEVERABILITY,AND AN EFFECTIVE OATE.This Ordinance
'Off-STREET PARKING REOUIREMENTS FOR PARKING DISTRICTS NDS.2,3,4,5,6,7,8,AND 9."TO MODIFY PARKING is being heard pursuant to Section t18.164 0l the Ctlys Land Development Code.twines maybe directed to the
REQUIREMENTS FOR NONRESIDENTIAL USES ABOVE THE GROUND FLOOR IN PARKING DISTRICT NUMBER 5;AND Planning Department at 305.673.7550.
PROVIDING FOR CODIFICATION,REPEALER.SEVERABILITY.APPLICABILITY AND AN EFFECTIVE NATE.Ma Ordnance a
being heard pursuant to Section 118.164 or(be CIly't Land Development Code.ingoaies maybe*eared to toe Planning INTERESTED PARTIES are invited to lake part in this meeting or be represented by an agent The public may submit
Departmental 305.673.7550 written comments by sending an email to:CityClerk@miamibeadrg.gavby 5fl0 p.m.the day before the City Commission
INTERESTED PARTIES are irked to lake Parc in this meeting or be represented by an agent.The public may submit writtenMeeting.Please Identity the Agenda Item Number in the email subject line.Ema3s received will be forwarded to the
commenshysend'ing an mai to:CityClerk@miamiheach0 goalryr5:00p.m.the day before the City Commission Meeting.Please Mayor and Commissioners and will be inducted asapart of the coercing record.
identity the Agenda Item Number In the email subject fine.Emaits received will he forwarded to the Mayor and Commissioners Copies of Agenda Items are available for public inspection at https//www.miamibeacht.gav/dlyhaHtdly.clerk/
and will be included asa pan of the meeting record. aganda•archive•mainpage-2/.This meeting,or any Item therein,may be continued,and under such circumstances,
Copies of Agenda Items are rabble lor pubes inspection at:httpsNwerwuniamibeac l.gavldtyhaU/dtydedr/agenda' additional legal notice need notbe provided.
armivetealnpage4/.This meeting,or any hem therein,may be continued;and under such thcumstancrs,additional legal Pursuant to Section 286.0105,Fla.Stat.(he City hereby advises the public that it a pawn decides to appeal any
notice need not be provided. decision made by the City Commission with respect to any matter considered at its meeting err its hearing,such person
Pursuant to Section 286.0105,Fla.Stat,the City hereby advises the pubes that if a person decides to appeal any decision must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon
made by the City Corranlssian with respect to any matter considered at Rs meeting at its hearing.such person must ensure which the appeal is to be based.This notice does not constitute consent by the City for the IntroduetLan or admission 01
that a verbatim record of the proceedings is made,winch record Minks the testimony and evidence upon which the appeal is otherwise inadmissible or irrelevant evidence,nor does R authorize challenges or appeals not otherwise allowed by law.
to be based.This notice does not corslAute censenI by the City for the introduction or admission of otherwise iadoeaib le or
orelevard evidence,ear does It authorize manenges or appeals nal otherwise allowed by law. To request this material in alternate Iormal,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
To request this material In alternate lomat,sign language iMerprete(Heyday notice required),information an access for proceedings,call 305.604.2469 and select 1 for English or 2 for Spanish,them opfian 6;TTY users may Cate via 711
persons with dsad'41ks,and/or any accommodation to review any document or anticipate in any Cityveonsared proceedings, (Florida Relay Service).
call 305.604.2489 and select 1 for English re 2 for Spanish.Then option 6;TTY users may call via Til(Florida Relay Service).
The Cily Commission Meeang will be broadcast eve en Miami Beam TV(MERV),viewable on the City's website at
The Gly Commission Meeting w41 be broadcast lite on Miami Beam TV(MB1V),viewable on the City's webs at
htlprlt�wmlamiheachOgavlgovemmmt/mbly/,as well as on Atlantic Broadband Cable channel 660,ATUT U+erse hops//www.miamibeachl.govlgovernment/mbtvl,azwell as en Atlantic Broadband Cable channel 660,AT&T U-verse
channel 99.flambe Communications channel 395.and Roc device on PEG.TV channel,and on social media al channel 99,Holwine Communications channel 395,and ROKU device on PEG.TV channel,and on social media al
httpsuMww.Iacebook eern/cItyotmiamibeach. https(/www.facebook.com/cityolmiamtbeadr.
Rafael E.Granada,City ClerkRafael E.Granada,City perk
;n-1,,• Y. l,_i L
City al Mand Beach•BEACH LYalNiamiBeaen
CyCterk@tnlamibcamfgav rI Eg f
Cilyderk@miamibeachltgov
Ad07282021-07 305.673.7411 Ad 0728202146 305.573.7411
Page 1055 of 2012