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LTC 440-2022 Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the October 26, 2022 Commission MeetingMIAMI BEACH OFFICE OF THE CITY CLERK L TC # 440-2022 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Manager FROM: DATE: Rafael A. Paz, City Attorney Joseph M. Centorino, Inspector ~~ Rafael E. Granado, City Clerk / !Sf October 25, 2022 SUBJECT: Resolutions from Miami Beach United (MBU) Board of Directors -Relating to Items on the October 26, 2022 Commission Meeting. On behalf of the Board of Directors of Miami Beach United (MBU), please find ten resolutions in advance of the Commission Meeting on October 26, 2022. The Resolutions are related to the following Items: C7 AE Request MBPD Develop Plan, Address Excessive Muffler and Exhaust Noise. (Meiner) R5 D 10:25 a.m. 2nd Rdg, Ch. 70, Adopt State Misdemeanor Disorderly Conduct. (Fernandez) R5 E O/C-1 :30 p.m. 2nd Rdg, Alton Rd Gateway Regs -Comp Plan Amendment. (Arriola) R5 F O/C-1 :35 p.m. 2nd Rdg, Alton Gateway Dev Regs-FAR/Pkg/Height Amend . (Arriola) R5 H 5:02 p.m. 2nd Rdg, Resiliency Code and LOR Update. (Arriola) R5 I 1st Rdg, Rooftop Additions, Museum Historic District. (Rosen Gonzalez) R5 K 1st Rdg, Ch. 2, Disclosure of Business Interests/Relationships. (Rosen Gonzalez) R7 G Accept Housing Auth Recomm, Cease Sale of Barclay Plaza Apts. (Rosen Gonzalez) R9 H Ref: LUSC/PB -Ocean Terrace Overlay LOR Amendment. (Fernandez) R9 J Discuss/Action, Status of 72nd Street Community Project. (Richardson) Miami Beach United Resolutions October 26, 2022 C7AE TO ENFORCE UNREASONABLY LOUD/EXCESSIVE NOISE EMANATING FROM MECHANICAL OR ELECTRONIC SOUND-MAKING DEVICES IN VEHICLES AS PER THE NEWLY-REVISED FLORIDA STATUTE, AND REQUESTING POLICE DEPARTMENT CONSIDER CREATING AND IMPLEMENTING PLAN TO ADDRESS, VIA PROACTIVE ENFORCEMENT, ILLEGAL AND EXCESSIVE VEHICULAR MUFFLER AND EXHAUST NOISE Miami Beach United supports noise control related efforts and the enforcement by the police and code departments of revised 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. R5D ADOPTING THE STATE LAW MISDEMEANOR OFFENSE OF BREACH OF THE PEACE/ DISORDERLY CONDUCT TO ESTABLISH AN OFFENSE AGAINST MUNICIPAL LAW FOR THE SAME ACT(S) THAT CONSTITUTE SUCH OFFENSE AGAINST STATE LAW Miami Beach United supports this resolution having the City of Miami Beach adopting the state misdemeanor offense of Breach of the Peace/Disorderly Conduct to be consistent with existing state law. R5E ALTON ROAD GATEWAY REGULATIONS -COMPREHENSIVE PLAN AMENDMENT TO MODIFY THE FLOOR AREA RATIO (FAR) LIMITS FOR PROPERTIES WITHIN THE "ALTON ROAD GATEWAY AREA" (Staff recommends open and continue to December) and R5F ALTON GATEWAY DEVELOPMENT REGULATIONS -FAR, PARKING, AND HEIGHT AMENDMENTS (Staff recommends open and continue to December) Miami Beach United opposes these related regulations. These regulations would extend the Alton Road Gateway development regulations north to 8th Street, to accommodate a new mixed-use structure to the north and east of the existing park, including but not limited to: • The maximum FAR for sites located within the Alton Road Gateway area is proposed to be increased from the current 2.0 to 2.6. A companion amendment to the 2040 Comprehensive Plan is also being proposed, which includes the proposed increase in intensity (FAR) within the affected future land use elements. • The maximum building height for structures located north of the former 6th Street right-of-way is proposed to be increased, to accommodate the proposed increase in FAR. In this regard, the maximum height would be 150 feet for structures located north of the northern boundary of the park and south of 8th Street. The maximum height for the remainder of any new structures north of the former 6th Street right-of-way would remain at 40 feet. • As part of the larger proposal, the developer has "indicated a willingness to limit the additional residential density associated with the proposed project " to 120 units. It is anticipated that this would be memorialized as part of a revised development agreement. • Existing laws allow for 40ft heights; this would allow 150ft heights, which is more than tripling what is currently permissible. This development overlay district was already approved by the electorate in August 2022 in exchange for an improved Community Health Center. As the Community Health Center is under the county management, these changes and redefinitions should have been brought as a unified proposal at that time. We urge the Commission to oppose these new amendments and regulations. dtlfti Miami Beach United Resolutions October 26, 2022 R5H RESILIENCY CODE AND LOR UPDATE ESTABLISHING A COMPREHENSIVE ZONING ORDINANCE, HEREAFTER KNOWN AS THE RESILIENCY CODE Miami Beach United agrees that the City should update and reorganize the Land Development Regulations in order to make it easier to understand. Beyond the reorganization, however, actual changes to the zoning have been proposed; Miami Beach United opposes two zoning changes included in Chapter 7, and urges the commission to reconsider these specific changes: • MBU disagrees with removing average unit sizes for residential buildings. Currently, minimum size is 550 sf and the average size of all units in an apartment building must be a minimum of 800 sf. Removing the average unit size would allow all units to be the smallest size, 550 sf, which essentially creates an unregulated short-term-rental building. The City has already approved over 500 microunits in North Beach and more for the Washington Avenue corridor, although to date, one has yet to be built. Therefore, as of this moment, we have no idea to which extent there may be unintended consequences. • MBU disagrees with the plan to omit outdoor areas from the calculation to determine 35% maximum allowable accessory use. Unfortunately, this would apply primarily in residential areas, zoned RM, where hotels, restaurants and bars are adjacent to apartment buildings and homes. Outdoor open-air floor area absolutely should be included because this is where most noise violations are committed, for example, by Bikini Hostel in zone RM2. B.fil ROOFTOP ADDITIONS IN THE MUSEUM HISTORIC DISTRICT -CREATE ADDITIONAL REGULATIONS REGARDING ROOFTOP ADDITIONS FOR PROPERTIES LOCATED IN THE MUSEUM HISTORIC 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 (as does the Planning Board). For over 30 years, existing structures within 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. RSK STANDARDS OF CONDUCT FOR OFFICERS, EMPLOYEES AND AGENCY MEMBERS TO EXPAND DISCLOSURE REQUIREMENTS APPLICABLE TO CITY ELECTED OFFICIALS AND CITY EMPLOYEES WITH RESPECT TO ANY BUSINESS RELATIONSHIPS WITH PERSONS OR ENTITIES DOING BUSINESS WITH THE CITY Miami Beach United supports any effort to strengthen our transparency laws. This would expand the disclosure requirements for elected officials and City employees with respect to any business relationships and financial interests. However, the language of the draft ordinance could be improved with additional clarification regarding to whom this applies, and it should be expanded to include appointed members of quasi-judicial boards. R7G RESOLUTION ACCEPTING THE RECOMMENDATION OF THE MIAMI BEACH HOUSING AUTHORITY AT ITS JUNE 15, 2022 MEETING, AND COMMITTING TO CEASE THE SALE OF THE CITY-OWNED BARCLAY PLAZA APARTMENTS LOCATED AT 1940 PARK AVENUE, IN ORDER TO DEVELOP AFFORDABLE OR WORKFORCE HOUSING, FOR THE BENEFIT OF CITY'S RESIDENTS. Miami Beach United supports this resolution. First, we maintain our oft-stated position that City-owned land should not be sold unless there's a necessity; it is our rainy-day insurance policy. Second, the Barclay Plaza is a historically designated structure, which should be protected. Finally, the City purchased the historic property in 2015, when it had already been allowed to fall into disrepair (and had been vacant since 2014), with complete understanding of the property's condition and the need for renovation to return it to a habitable state. At that time, the City agreed by covenant not to sell the property, and to keep it as affordable housing until 2030. It is Miami Beach United Resolutions October 26, 2022 unclear why no action has been taken in the intervening years to mitigate the issues and put the structure to use, especially with affordable/workforce housing in such short supply. We believe that all efforts should be undertaken and the public fully informed regarding actual costs and options for restoration. The City must honor its covenants to retain the property and use it for much-needed affordable housing. rulli REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE PLANNING BOARD -OCEAN TERRACE OVERLAY LDR AMENDMENT. Miami Beach United supports the referral, and eventual passage, of the Ocean Terrace Overlay LOR amendment as it seeks to prevent the same issues plaguing Ocean Drive from occurring on Ocean Terrace. Both Ocean Drive and Ocean Terrace are zoned Mixed-Use Entertainment, a zoning district developed decades ago specifically to encourage investment, adaptive reuse, and drive economic revitalization in those two areas of Miami Beach. Those goals have been accomplished with great success in South Beach, and pending the commencement of the Terra Group project on Ocean Terrace, (as well as others along the NoBe Town Center corridor), will be in North Beach going forward as well. However, an unintended consequence of not timely amending and/or revoking this overlay has led to numerous problems on and around the Ocean Drive and surrounding MXE neighborhoods related to their zoning, including but not limited to crime, unreasonably loud noise, and out-of-control behavior by patrons, among other issues inherent to a MXE district. This LOR amendment would eliminate most of the components of a MXE district which encourage undesirable activity, and preclude the same issues that have plagued Ocean Drive and environs in South Beach from establishing a foothold/doing similar quality-of-life damage to Ocean Terrace and environs in North Beach. 8.9.J. DISCUSSION, WITH POSSIBLE ACTION, ON THE STATUS OF THE 72ND STREET COMMUNITY COMPLEX PROJECT As costs continue to escalate dramatically, Miami Beach United believes that the time has come to terminate the original 72nd Street Community Complex project and reconsider how the $53.8 million in GO Bond funds could be reallocated to other projects in the North Beach area that will have greater cost/benefit to the residents of this neighborhood. We've always had reservations that constructing an expensive Olympic sized-swimming pool on top of a parking garage would spur the type of neighborhood development envisioned by its proponents -especially when considering that the area already has a beautiful beach, a nearby public pool, and an existing library. Perhaps it makes sense to relocate the library to free up oceanfront property, though we don't accept the argument that there is no other location in Miami Beach where an Olympic size pool could be built, preferably at ground level and closer to Beach High. A different plan should easily be able to free up at least $50 million from the $107 million currently budgeted for the parking garage, pool, library relocation and community center. We can think of a number of better uses for that money including Arts and Culture projects (sharply reducing , or eliminating the need for a new GO Bond), repairs to critical infrastructure which are currently unfunded, affordable housing and/or public safety projects. This 72nd street project is becoming reminiscent of the Marlins stadium debacle, where entrenched political interests led to vast overspending for a purported public amenity intended to revitalize Overtown, but instead led to a public backlash against elected officials.