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LTC 191-2023 Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the April 28, 2023, Commission MeetingMIAMI BEACH OFFICE OF THE CITY CLERK LTC# 191-2023 LETTER TO COMMISSION TO: FROM: DATE: Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Manager Rafael A. Paz, City Attorney Joseph M. Centorino, Inspector G=,al;( Rafael E. Granado, City Clerk /(I April 26, 2023 SUBJECT: Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the April 28, 2023, Commission Meeting. On behalf of the Board of Directors of Miami Beach United (MBU), please find resolutions in advance of the Commission Meeting on April 28, 2023. The resolutions are related to the following Items: C4 B Ref: PB - Alton Rd Office Height Overlay-Transient Use/Overlay Exceptions. (Dominguez) PL R5 A 10:10 a.m. 2' Rdg, Washington Avenue Overlay - Co-Living Amendment. (Arriola) PL 5/7 R5 F 10:35 a.m. 2' Rdg, LDR Amen/Sq Ft, FAR Incr.(Rosen Gonzalez/Fernandez/Domingue2) PL 5/7 R5 H 10:45 a.m . 2" Rdg, Ch. 18, Management of Co-owned Housing Units. (Fernandez) CA R5 J 2:25 p.m. 2" Rdg, Amend MBERP Pension Ordinance. (Richardson) CA R5 K 2:30 p.m. 2' Rdg, Alcohol Hours of Sale-Art Deco Cultural Dist. (Gelber) PL/CA R5 L W-2:31 p.m. 2' Rdg, Ch. 6, Alcohol Hours of Sale, Alton Rd./West Ave. (Gelber) CA M i a m i B e a c h U n i t e d B o a r d R e s o lu t io n s F o r M i a m i B e a c h C o m m i s s io n M e e t in g April 28, 2023 Link to full Commission Meeting https://miamibeach.novusagenda.com/agendapublic/MeetingView.aspx?MeetinglD=1189&Mi nutesMeetinglD=-1&doc RSA Sponsored by Ar riola -- 10:10 a.m. Second Reading Public Hearing WASHINGTON AVENUE OVERLAY/CO-LIVING AMENDMENTS TO EXTEND THE DEADLINE. DEVELOPER MUST OBTAIN BUILDING PERMIT FROM MARCH 1, 2023 TO SEPTEMBER 1, 2027 Miami Beach United D O E S N O T S U P P O R T this ordinance. There are already approximately 1000 micro/ co-living units approved for sections of North Beach Town Center and Washington Avenue, with not one built/occupied yet. Instead of learning from those and adjusting as needed, this seeks to expand the area on Washington Ave where more co-living units can be built and extend by four full years the time limit to get a permit to build. We have absolutely no information on how these new forms of living may impact our city's already-stressed sewer lines and other infrastructure, parking, and traffic. None of these are located anywhere near the biggest employer on the beach, Mount Sinai Hospital, where there may be a use for this sort of housing. And there is no explanation offered for why the time limit to obtain a permit has been extended by four, rather than just one year ... perhaps to allow even more developers to put their own plans together for yet more co-living units. Would it not be more prudent to learn from the first ones to be completed to course correct as needed, rather than building all under the same guidelines and being stuck with a model that may not work at all, or which needs refining? R5F Sponsored by Gonzalez -- 10:35 a.m. Second Reading Public Hearing DISCLOSE TO VOTERS THE MAXIMUM SQUARE FOOTAGE THAT WOULD RESULT FROM A PROPOSED FAR INCREASE This is an ordinance to require that maximum Floor Area be identified when an FAR increase is presented to the voters as a ballot question. Miami Beach United SU P PO RTS this ordinance, including the Planning Board's recommendation which was approved 7-0 to also include a massing study. In this way, voters will have vital information to help formulate a decision at the polls. I- RSH Sponsored by Fernandez -- 10:45 a.m. Second Reading Public Hearing TO ADOPT BUSINESS REGULATIONS APPLICABLE TO THE MANAGEMENT OF RESIDENTIAL PROPERTIES BY CO-OWNED HOUSING UNIT MANAGERS Miami Beach United SUPPORTS the efforts ofthe Commission to establish regulations regarding fractional ownership of property in Miami Beach. Throughout the country, fractional ownership of luxury vacation homes, (through companies such as Pacaso, Ember, Here, Kocomo, and others) are increasingly causing deleterious quality of life issues for residents where these properties are located, including parking, noise, traffic and a degradation of the sense of community. We further urge the Commission to require that dedicated support resources, including 24/7 contact information for each OWNER be provided to the City which shall be updated annually, and that, as far as legally possible, the number of owners (individuals and/or corporate entities) in any one property be assigned a maximum limit, such as eight (8) in order to reduce potential for degradation of our community. RSJ Sponsored by Richardson -- 2:25 p.m. Second Reading Public Hearing AMENDING/RESTATING THE MIAMI BEACH EMPLOYEES' RETIREMENT PLAN (shortens vesting for elected officials and charter employees to 4 years} Miami Beach United DOES NOT SUPPORT the way the change in vesting for elected officials and Charter Officers is being handled. While the proposed ordinance has several reasonable clean up provisions to deal with employees who return to service after leaving the City, it seems totally inappropriate for elected officials to vote themselves a substantial increase in compensation by shortening the pension vesting period without voter approval. The Charter requires salary increases to be approved by voters, but unfortunately is silent on pension enhancements, which can have an even greater impact on the City's operating expenses. We like the current 5-year vesting requirement since a commissioner must be reelected or a Charter Officer serves for at least five years to receive the pension benefit, which requires sustained good performance. At a bare minimum, if approved, this pension enhancement should not take effect until January 2024 for elected officials. RSK Sponsored by Gelber -- 2:30 p.m. Second Reading Public Hearing PROHIBIT SALE AND CONSUMPTION OF ALCOHOL IN ART DECO CULTURAL DISTRICT AFTER 2:00 AM AND CRITERIA FOR EXCEPTIONS Miami Beach United SUPPORTS this ordinance amendment which rolls back the hours for the sale and consumption of alcohol from 5 AM to 2 AM in the Art Deco Cultural District, with exceptions to be based upon procedures and criteria as stated. In addition, we OPPOSE allowing private clubs to obtain after hours license permitting them to serve alcohol after 2 am. This has enormous potential for abuse by promoters who would offer memberships to their patrons to allow them to serve alcohol until 5 am in areas where it would otherwise be prohibited. RSL Sponsored by Gelber -- 2:31 p.m. Second Reading Public Hearing PROHIBIT SALE AND CONSUMPTION OF ALCOHOL AFTER 2:00 AM AT ESTABLISHMENTS ALONG WEST AVE AND ALTON RD & BETWEEN 5TH STREET AND COLLINS CANAL (INCLUDING SIDE STREETS) Miami Beach United SUPPORTS this ordinance to prevent the nightclub industry from drifting into the West Avenue residential neighborhood which would negatively impact the 10,000 full-time residents who live there. Since this ordinance has already been adopted in Sunset Harbour and South of Fifth, unless there is equal protection among the three neighborhoods, it is likely that a concentration of late-night bars and clubs will locate along Alton Road and West Avenue. Screeching cars and crowds of bar patrons cause late night noise throughout the evening and into the morning, especially as patrons leave the bars at 5:00 am. We see the problem escalating unless action is taken. C4B Sponsored by Dominguez REFERRAL TO THE PLANNING BOARD: ALTON ROAD OFFICE HEIGHT OVERLAY-TO INCREASE F.A.R by 25% (i.e. 0.5 BONUS F.A.R.) Miami Beach United OPPOSES this ordinance and urges the Commission NOT to refer it to the Planning Board. This ordinance creates a loophole to include office development in the .5 FAR bonus. The bonus FAR ordinance was never intended to be applied to an existing building. The intention was any residential component of a project had to be new construction as part of the development. If a unified development site is formed where there is an existing building and the potential for new construction, the entire site should abide by all current zoning regulations. This ordinance would allow all developments to receive the bonus FAR incentive, thus avoiding any incentive for any particular development.