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LTC 290-2022 Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the July 20, 2022 Commission Meeting.MIAMI BEACH OFFICE OF THE CITY CLERK LTC# TO : FROM : DATE: SUBJECT: 290-2022 LETTER TO COMMISSION Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Manager Rafael A. Paz, City Attorney Joseph M . Centorino, Inspector~ Rafael E. Granado, City Clerk / <J/ July 18, 2022 Resolutions from Miami Beach United (MBU) Board of Directors -Relating to Items on the July 20, 2022 Commission Meeting. On behalf of the Board of Directors of Miami Beach United (MBU), attached please find resolutions for your consideration supporting, opposing, and urging action on Items on the July 20, 2022 Commission Meeting. F :\CLER\$ALL\L TC FROM ASSOCIATIONSIMBU 07182022 .docx Commission Meeting, July 20, 2022 CMB Full Commission Agenda Wednesday, July 20, 2022 I CONSENT AGENDA -Committee Assignments C4B and C7W Sponsored by Fernandez C4B A Referral To Discuss The Conversion Of Noise Violations From An Excessive And Unnecessary Standard To A Decibel-Based System And Related Pilot Program. C7W A Resolution To Enforce Unreasonably Loud And Excessive Noise Emanating From Mechanical Or Electronic Sound-Making Devices In Motor Vehicles, And Related Signage, Analysis And Further Investigation Of Applicability To Special Events. Miami Beach United SUPPORTS these two noise control related efforts that propose to develop a clearer definition of excessive noise and to enforce existing state legislation authorizing enforcement of excessive noise emanating from motor vehicles . We applaud efforts by the Commission to make Miami Beach a quieter and more pleasant place to live. C4C Sponsored by Fernandez Referral To The Land Use And Sustainability Committee And The Planning Board -Ocean Terrace Overlay LOR Amendment. Miami Beach United SUPPORTS the referral, and eventual passage , of the Ocean Terrace Overlay LDR amendment as it seeks to prevent the same issues plaguing Ocean Drive from occuring on Ocean Terrace . Both Ocean Drive and Ocean Terrace are zoned Mixed-Use Entertainment. As we all know, Ocean Drive suffers from numerous problems related to its zoning. Crime, unreasonably loud noise, and rowdy behavior by patrons are just some of the many problems inherent in a MXE district. This LDR amendment will eliminate most of the components of a MXE district which encourage undesirable activity. I REGULAR AGENDA -ORDINANCES RSA Sponsored by Arriola -Second Reading, Ordinance Amendment Governing Height Of Rooftop Additions in CD-3 District Miami Beach United OPPOSES the permitting of multi-story habitable roof top additions in an arbitrarily created 6 block area which spans parts of the Ocean Drive/Collins Historic District, the Flamingo Park Historic District, and the Museum Historic District. For over 30 years, existing structures with i n these historic districts have only been permitted to have habitable one-story rooftop additions, with a maximum floor to ceiling height of 12 feet, with no variances permitted . There is no compelling reason to change our longstanding rules respecting historic properties and limiting rooftop additions in these three historic districts. This change, if permitted, would predictably be expected to spiral out of control in other areas of our cherished historic districts, undoing decades of thoughtful historic preservation land use management. RSG Sponsored by Fernandez and Rosen-Gonzalez -First Reading, Demolition by Neglect -Replication Requirements Miami Beach United SUPPORTS this item which would strengthen the City's "demolition by neglect" policies and provide more specific guidance to both property owners and the Historic Planning Board . Further, the proposal will establish clear and objective criteria consistent with the Secretary of Interior's Standards for the Reconstruction of Historic Buildings, for the Board to evaluate during their review of applications for Certificate of Appropriateness. Making these changes will not lessen the ability of the HPB to make decisions on a case-by-case basis as to how to proceed, and it will disincentivize derelict owners from trying to circumnav igate the city's laws regarding demolition by neglect. RSM Sponsored by Commissioner Fernandez -First Reading Miami Beach United SUPPORTS establishing the Special Election Date for the filling of Commission Group II Vacancy in the event City Commission chooses to fill said vacancy by election R9D Sponsored by Gelber -Discuss/Take Action on Filling of Vacant Seat on Commission Miami Beach United URGES the Commission to fill the vacancy created by the late Commissioner Mark Samuelian's tragic and untimely passing by holding an election, not by appointment, and not by a hybrid of an appointment until the November 2023 e lection. An election as part of the regularly scheduled election in November 2022 allows residents to VOTE on THEIR OWN REPRESENTATION rather than having a replacement picked by the Commission, which is consistent with the voters' overwhelmingly stated will. In 2020 the county asked the voters if they preferred elections or appointments when replacing county seats; the ordinance won with voters selecting elections over appointments . And similarly, when Miami Beach voters were asked about elections vs . appointments, they overwhelmingly voted in support of elections (70-80%) Putting this vacancy to the public vote is the right thing to do . The timing allows for early voting on this topic, as with all the other questions on the ballot, for the November election . While it's possible there may be a run- off elect ion needed in December, for which voting would be on one day only, doing the right thing for the voters and residents of this city shouldn't be predicated on a "what if" scenario which may not come to pass. Moreover, as the City Charter is silent on the point of what happens when a Commission is deadlocked over the issue of a vote vs . an appointment to fill a vacancy, Miami Beach United urges , as part of the upcoming Charter review, that language be added to the effect of, "In the event of a deadlocked Commission, the default will be filling the vacancy by election ." RSN . RSO AND R7X Sponsored by Gelber -First Reading, North Beach Oceanside Resort Overlay-Comprehensive plan and LDR Amendments to increase FAR from 3.0 to 4.5 in the area of the former Deauville Hotel subject to voter approval Miami Beach United, along with the rest of the city, is eager to see the North Beach community surrounding the abandoned Deauville property restored to bustling commerce for residents, tourists, and business owners. However, we OPPOSE this proposed overlay for a number of reasons; these are just a few: • As the City writes on its own website, "Receiving local historic designation in 2005, the North Beach Historic Resort District stretches from 63 to 71 Streets along Collins Avenue. After World War II, when hoteliers were given the official go-ahead by the city to present live performances, this area developed into a major tourist and entertainment attraction populated by large, luxurious resort hotels fronting the Atlantic Ocean." This overlay undermines that historic designation and would irreversibly change the district. • There is no replication requirement, no requirements to preserve any part of the historic tower or other elements and is a profound step backward in the laws protecting historic properties and the proper redevelopment process in the City. • This is being rushed to the voters without the proper process of sharing plans, getting public input, working with the community. In too many cases in the past, when a project of significant impact is put to the voters without the fine details being laid out, developers come back asking for more after the approval has been granted. This project in this neighborhood is far too large, impactful, and significant to do incorrectly and improperly. • To date there has not been any project presented which might warrant a dramatic 50% increase in FAR. • The buildable square footage allowable under the current FAR of 3.0 as of right already allows for a significantly larger development than currently sits on the land within the proposed overlay (approximately 719k sq . ft. including amenities); increasing the allowable FAR to an excessive 4.5 would take that well over 1 million+ sq. ft. • The city is asking for the electorate to take an enormous leap of faith -no renderings of a proposal have been provided to illustrate what the possible impacts to sightlines, skylines, shade, etc. might be on the surrounding neighborhood from the ocean and the street sides, or for the neighbors to the north and south • Even as the City proposes increasing FAR by 50%, it is doing so without confirming what, if ANY, public benefit would be provided in return. The reasoning provided by some that "the development itself is an enormous public benefit" is a misnomer bordering on an insult to the electorate's intelligence. • There are virtually no other parts of the city where there is such a high FAR, other than the Wolfsonian expansion project and the North Beach Town center projects, neither of which are oceanfront property. • This is a tremendously rushed endeavor; when and if a project gets proposed which might seek additional FAR, that would be the time to begin community outreach, and work through the vetting process of the various city Boards and bring it to the voting electorate to determine the best desired outcome. There is no justification to provide carte blanche before a single rendering of a project has been shared. RSR Sponsored by Richardson -First Reading, Ordinance Amendment To Remove Internal Audit Staff From Under The Supervision Of The Inspector General And Return It To The Supervision Of The City Manager. Miami Beach United OPPOSES this organizational change. The Internal Audit function has always had responsibility for auditing city programs, contracts, or expenditures for the purpose of identifying control issues, noncompliance with municipal laws, inefficiency, mismanagement, or fraud. The transfer in 2018 of this critical function from the City Manager to the newly created Office of the Inspector General was intended to give the Internal Audit staff the independence needed to freely report on deficiencies in the City's operating departments and insulate them from political pressure in the case of audits of "favored" vendors or external organizations. We are frankly shocked at this proposed organization change which is a significant setback to the sacrosanct goal of continuing to increase trust in City government. I REGULAR AGENDA -RESOLUTIONS R7C Sponsored by Arriola, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Should Lease Parking Lots At 1688 Lenox Avenue (.86 Acres) And 1080 Lincoln Lane North (1.10 Acres) To Lincoln Road Property Owner, LP, For 99 Years R7F Sponsored by Arriola, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Should Lease Parking Lot At 1664 Meridian Avenue (1.36 Acres) R7G Sponsored by Richardson, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether If Voters Approve The Leasing Of City-Owned Surface Parking Lots With 1664 Meridian, LLC Miami Beach United is not taking a position on whether these should or should not go to the electorate, but has serious concerns about the lack of specific information on the process and content of the proposed projects under consideration. Each of these, which involve the leasing of public property, would have sizeable impacts on the community, yet residents are being asked to vote on something without any real information on how it might benefit or detract from their quality of life. We believe this to be a premature action which requires further review and input regarding specific plans and impacts, and should provide much more information to residents. R7K Sponsored by Public Works -Vacation Of Portions Of Alton Court (The "Row"), Generally Located Between The Road And 17th Street, Not Exceeding 6,500 Square Feet In Total Area, As Reflected In The Site Plan Attached As Exhibit "A" To The Memorandum Accompanying This Resolution, In Favor Of The Abutting Property Owners, BH The Alton LLC, Alton JAL Inc., Mitchell Property Investments LLC, And 1681 West Ventures, LLC Miami Beach United OPPOSES the vacation of Alton Court between Lincoln Road and 17th Street, so that FAR can be transferred across the alley from the east side of West Avenue to the west side of Alton Road. The Miami Beach Land Use regulations do not permit transferring FAR between non-contiguous parcels in this zoning district, so what is proposed is not permitted. To get around this problem, the applicant seeks to "vacate" the alley known as Alton Court to create a unified development site that spans both sides of the existing alley. But the alley will still be open to vehicular traffic, so this "vacation" is for the sole purpose of increasing the FAR of the applicant's development on the west side of Alton Road. The purpose of the City Charter provision that currently requires voter approval to increase allowable FAR on a development site, was intended to relieve the pressure on elected officials to approve FAR increases requested by powerful developers and level the playing field for ordinary residents. Clever lawyers for developers have argued that the City Charter doesn't mean what it clearly says, and developers should be permitted to transfer FAR across alleys without voter approval. The City Commission has placed on the August 23, 2022 ballot a proposed amendment to the City charter which clarifies that "all or a portion of any ... alley, may not be vacated ... if it has the effect of aggregating the floor area of any unified abutting parcels, unless such aggregation of floor area is first approved by a vote of the electors of the City of Miami Beach ." This, clearly, is an attempt to do an end-run around a proposed strengthening ofthe Charter language. R7M Sponsored by Meiner and Fernandez-First Reading, Directing The City Administration To Compile A Database Of Conditional Use Permits ("Cups") Issued By The Planning Board, To Make Them Readily Accessible To The General Public. Miami Beach United SUPPORTS this item as it enhances the availability of information and furthers the objectives of our Residents Right to Know Ordinance. R7Q and R7W Sponsored by Richardson -First Reading, Resolution Repealing The Submission Of A Previously Approved Ballot Question Amending The Ability Of The Commission To Vote For Vacations And Replace It With A Ballot Question In November With Wording That Vacations Require Voter Approval Only If They Are Used To Increase The FAR Of An Abutting Parcel According to Roberts Rules, which govern conduct at government meetings, "The motion to reconsider may be made only by a member who voted on the prevailing side in the original vote ." In this instance, the sponsoring commissioner was on the losing side of a 4-3 Commission vote that approved putting on the August 23, 2022 ballot a change to the City charter requiring voter approval to aggregating abutting public and private properties, a strategy that has been used with increasing frequency by the Commission to transfer FAR associated with public land to private developers. Therefore, per Roberts Rules, Since the commissioner was on the losing side of that vote, he should not have the right to reconsider the vote; reconsideration must be done only by a commissioner on the winning side of the vote who changed their mind, which is not the case, regardless of what semantics may be used to dance around this reality. Moreover, this latest ballot question being proposed to replace the one the commissioner is attempting to repeal, (among a blizzard of FAR increases already on the November 8, 2022 ballot), seeks to allow transfers of FAR from one private property to another non-abutting private property, by pretending to vacate public land between the two properties. MBU opposes this latest ballot question sleight of hand seeking to allow the FAR on a piece of property to be increased above what is allowed under the code, without voter approval. R7S Sponsored by Fernandez -First Reading, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Charter Section 1.03(8) Should Be Amended To Require Majority Voter Approval For Any Sale Of Lease Of Ten (10) Years Of More Of City-Owned Property Located Between West 43rd Street And West 40th Street, From Pine Tree Drive On The East To Alton Road On The West. Miami Beach United SUPPORTS asking the electorate for voter approval regarding the sale or lease of ten years or more of city owned property located between 43rd St and 40th St, aka parking lots supporting the business district on 41st St. The sale or lease of these parking lots could severely impact retail businesses in this district driving away customers who are unable to find parking a comfortable walking distance from shops, banks, offices, medical buildings. Further, we would like to see this applied citywide. R7T Sponsored by Richardson -First Reading, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Shall Increase FAR From 2.0 To Maximum Of 4.5 For Redevelopments Along Ocean Drive And East Side Of Collins Avenue, Between 5th And 16th Streets, To Provide Bonus FAR Incentive Only For Owners Who Agree To Completely Prohibit All Alcohol Sales After Midnight, Outdoor Entertainment, And Short-Term Rentals, With Design/Operational Criteria Established By Ordinance Although Miami Beach United does not oppose placing issues before the electorate, we have serious concerns regarding the lack of clarity and dearth of detail in the content of this item regarding projects that may be contemplated, especially considering impacts of the proposed enormous increase in FAR (2.0 to 4.5). Despite some resident-friendly concessions, the language also implies an absence of the usual reviews by land use boards ("design and operational criteria established by ordinance"), and its general ambiguity affords the possibility of development without sufficient input or review. R7U Sponsored by Fernandez -First Reading, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Shall Increase Maximum FAR From 2.0 To 2.75 In RPS4 District In South Of Fifth Neighborhood As An Incentive For The Conversion Of Existing Hotel Properties Into Residential Use, If The Property Owner Records A Covenant Prohibiting Short -Term Rentals On The Property Miami Beach United SUPPORTS this zoning change, which is also supported by the South of Fifth Neighborhood Association (SOFNA), since this will enable the property owner to replace the existing 224 room Marriott Stanton Hotel with a new, approximately 39-unit residential building, with the same square footage and height of the existing structure. Short term rentals would be prohibited. We are in agreement with SOFNA, who discuss in their resolution the benefits of a reduction in the number of transients in this predominantly residential area. This requires voter approval, since zoning was changed from an FAR of 3.0 to an FAR of 2.0 after the original building was constructed in 2002, and a 2.75 FAR is needed to maintain the same footprint for a new building and not penalize the property owner for this desirable change. R7V Sponsored by Fernandez -First Reading, Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether City Shall Increase FAR From 1.0 To 2.0 In 1st Street Overlay Located East Side Of Washington Avenue Between 1st And 2 nd Street Overlay Located East Side Of Washington Avenue Between 1'1 And 2 nd Streets With FAR Incentive From 2 .0 To 2.7 For Redevelopments That Include Residential Or Office Uses, And Prohibit Hotels And Short- Term Rentals Miami Beach United OPPOSES the FAR change in the South of Fifth neighborhood which appears to be designed primarily to allow the existing office building at 119 Washington Avenue to enclose outdoor spaces for the addition of more offices. The building under the original zoning was built to an FAR of 2.0 and this request would increase its FAR above even what was allowed before downzoning to an FAR of 1.0. The current zon i ng is intended to preserve the low-scale character of the interior sections of the South of Fifth neighborhood and current zoning should be respected. MBU is not taking a position on the merits of putting this before voters in November. R7Y Sponsored by Rosen-Gonzalez -Submitting To The Electorate A Charter Amendment Requiring That Vacancies Be Filled By Special Election, And Not By Appointment, Within 90 Days After A 30 Day Initial Period For Calling The Election. R7Z Sponsored by Richardson -Submitting To The Electorate A Charter Amendment Requiring There To Be A Special Election If A Majority Of The Commission Cannot Agree On Whether To Appoint Or Have A Special Election Or A Majority Cannot Agree On Whom To Appoint. C7X Sponsored by Fernandez -A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Creating The City Of Miami Beach Ad Hoc Charter Review And Revision Board; And Providing For The Manner Of Its Appointment And The Terms Of Office Of Its Members. Miami Beach United SUPPORTS "Submitting to the electorate a Charter Amendment requiring that vacancies be filled by special election, and not by appointment, within 90 days after a 30-day initial period for calling the election." (Agenda Item R7Y). Miami Beach United notes that the residents of Miami Beach have repeatedly expressed their desire to fill vacancies in elective office via elections and not appointment, most recently in the 2020 Miami-Dade County referendum relating to exactly the same issue regarding vacant County Commission seats . At a time when American democracy is under attack, Miami Beach's elected officials should always fight for more democracy, not less. As a technical point, Miami Beach United suggests that the 90-day requirement should be changed to "as soon as practicable, but in no event later than the next scheduled general or city election." This is because a strict 90-day limit might have unforeseen consequences (such as that the 90 days might fall only shortly before an election would have been held anyway). Miami Beach United OPPOSES "Submitting to the electorate a Charter Amendment requiring there to be a special election if a majority of the Commission cannot agree on whether to appoint or have a special election or a majority cannot agree on whom to appoint." (Agenda Item R7Z). Although appealing at first glance, Miami Beach United notes that R7Z is too limited and there is no reasonable rationale as to (a) why it only applies to vacancies not caused by resignation and (b) why the default election should be the next city general election . Miami Beach United believes that if the Commission cannot pass R7Y (clearly establishing elect ions for vacancies), then the issue should be part of the Charter Review process proposed by Commissioner Fernandez in Agenda Item C7X, rather than put to the voters as a slapdash solution which only applies in a limited circumstances (i.e. not encompassing vacancies caused by resignation) and could potentially result in almost two year vacancies, when there would clearly be earlier opportunities to hold an election economically . R7AA Sponsored by Facilities and Fleet Management (Arriola)-First Reading, Submitting To The Electorate For Approval Of A General Obligation Bond ($ Not Shown) To Fund Arts And Cultural Institutions Miami Beach United OPPOSES this resolution calling for a special election to approve authorizing a General Obligation Bond (G.O. Bond) to construct and improve facilities for arts and cultural institutions. While MBU believes it is important to financially support arts and cultural organizations, and their facilities, we do not consider the G.O. Bond process the correct avenue to appropriate funding for this purpose. MBU feels that the commission's ordinary budgeting process, where all the City's capital and operating needs are ranked and prioritized, is better suited to provide funding for projects to create or maintain facilities for arts and culture, and to support arts and cultural organizations. Moreover, Resolution R7 AA lacks the details and information that would allow the electorate to consider whether incurring debt is justified, since no specific projects, facilities, organizations, funding amounts, or plans are provided. I AUGUST 23 SPECIAL ELECTION BALLOT INITIATIVES • Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents Shall Charter Section 6.03 regarding "qualifying" for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1) or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Miami Beach United SUPPORTS the Charter's strengthening existing requirements for proof that candidates reside in the City for at least one year prior to qualifying for office. • RPSl District/ RPS2 District FAR Incentive to Convert Remaining Apartment Hotel Uses to Residential Use City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (City's method of regulating building size). In certain residential zoning districts south of 5th Street, apartment-hotels are now prohibited, but previously approved properties may continue such uses. Shall City increase FAR from 1.25 to 1.50 in RPSl District, and from 1.50 to 1.75 in RPS2 District, to provide bonus FAR incentive only for properties converting apartment hotel uses to residential use? Miami Beach United SUPPORTS incentivizing the conversion of apartment hotel uses to residential uses, but we have reservations about setting precedent for additional FAR. • Alton Road Gateway Area Increase Maximum Floor Area Ratio (FAR) from 2.0 to 2.6 City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (City's method of regulating building size). The Alton Road Gateway Area, located between 5th and 8th Streets, from Alton Road to West Avenue, has maximum FAR of 2.0 . Shall City increase maximum FAR in above area from 2.0 to 2.6, only if existing community health center at 710Alton Road is relocated to another site, with new health facilities and public library? Miami Beach United OPPOSES increasing the maximum FAR for the Alton Road Gateway area, located between 5th and 8th Streets, from Alton Road to West Avenue. • Charter Section 1.03(c): Voter Approval to Aggregate Floor Area When Vacating Streets/Conveying Public Property Charter Section 1.03{c) requires voter approval before increasing a property's "floor area ratio" (how City regulates building size). The Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership) arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? Miami Beach United SUPPORTS the city Charter amendment requiring voter approval for the aggregation of unified abutting parcels arising from a street vacation or other sale/conveyance of public property.