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LTC 226-2023 Resolutions from Miami Beach United (MBU) Board of Directors – Relating to Items on the May 17, 2023, Commission Meeting.MIAMI BEACH OFFICE OF THE CITY CLERK LTC # 226-2023 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Manager Rafael A. Paz, City Attorney Joseph M. Centorino, Inspector General FROM: DATE: Rafael E. Granado, City Clerk ma w May 16, 2023 SUBJECT: Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the May 17, 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 May 17, 2023. Miami Beach United Board of Directors Resolu6ons for City Commission mee6ng 5.17.23 C4A Sponsored by Fernandez REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND PLANNING BOARD – AMEND LAND DEVELOPMENT REGULATIONS TO REQUIRE CONDITIONAL USE APPROVAL FROM THE PLANNING BOARD FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS ON A ROOFTOP WHERE SUCH ROOFTOP IS LOCATED IN CLOSE PROXIMITY TO A BUILDING CONTAINING RESIDENTIAL UNITS Miami Beach United SUPPORTS a conditional use permit requirement for all rooftop alcohol establishments as presented in this ordinance. We further urge the Land Use and Sustainability Committee and Planning Board to protect the quality of life of residential neighborhoods and buildings by restricting hours of operation where such rooftop establishments are legally allowed, by requiring cessation at 8PM. Rooftop alcohol establishments should never be adjacent to residential buildings. The distance requirement is key to ensuring residents continue to have their right to quiet enjoyment shielded from the party atmosphere prevalent outside of residential areas. Further, and most importantly, the Planning Board should be prohibited from granting a CUP after the fact. C4B Sponsored by Fernandez and C4C Sponsored by Meiner REFERRAL TO LAND USE AND SUSTAINABILITY COMMITTEE AND PLANNING BOARD TO DISCUSS ESTABLISHING AMENDMENTS TO THE CITY'S LAND DEVELOPMENT REGULATIONS IN RESPONSE TO THE NEW STATE LAW WHICH ELIMINATES THE REQUIREMENT THAT INCREASES IN FLOOR AREA RATIO (FAR} BE APPROVED BY VOTERS IN THE CITY OF MIAMI BEACH. The current City of Miami Beach Charter requires that any zoning changes which would result in an increase the permitted square footage of a building on a property of a given size (Floor Area Ratio or FAR) must be approved by voter referendum. For many years, this has served as a major source of protection for residents from overdevelopment and has prevented a number of undesirable projects from moving forward. A new Florida state law would prohibit the requirement for a voter referendum on zoning changes and require instead that the City Commission have the sole authority to make such changes. Given the political influence of deep-pocketed developers in our City, this new state law significantly changes the balance of power between residents and financially driven developers when it comes to deciding the permitted size and intensity of development projects. Miami Beach United SUPPORTS this Commission and the Planning Board in enacting new legislation which, to the greatest extent possible, protects the interest of residents when zoning changes are being considered. A 6/7 Commission vote requirement to approve FAR increases, as contemplated in C4C, is an example of a protective measure that could be taken, though there may be others as well. R5E Sponsored by Arriola -- 10:20 a.m. Second Reading Public Hearing WASHINGTON AVENUE OVERLAY - CO-LIVING AMENDMENTS TO EXTEND THE DEADLINE BEFORE ORDINANCE SUNSETS AND DEVELOPER MUST OBTAIN BUILDING PERMIT FROM MARCH 1, 2023 TO SEPTEMBER 1, 2027 (Planning Board vote 5-2 in favor) Miami Beach United DOES NOT SUPPORT 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 making adjustments 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 frame 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 actually be a use for this sort of housing. And there is no explanation offered for why the timeframe 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 in order 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? R5K Sponsored by Gonzalez -- First Reading ROOFTOP ADDITIONS IN THE MUSEUM HISTORIC DISTRICT Miami Beach United DOES NOT SUPPORT permitting multi-story habitable roof top additions in the Museum Historic District or in any other historic district. The Planning Board got it right in voting 7-0 against this proposal. For over 30 years, existing structures within historic districts have only been permitted to have habitable one-story rooftop additions, with no variances permitted. There is no compelling reason to change our longstanding rules limiting the size of rooftop additions in historic districts to one- story. 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. R5N Sponsored by Arriola -- First Reading INDOOR RESTAURANT AMBIENT ENTERTAINMENT PILOT PROGRAM IN SUNSET HARBOUR AND SOUTH OF FIFTH FROM 11 AM TO 6 PM, SATURDAYS, SUNDAYS AND HOLIDAYS. Miami Beach United DOES NOT SUPPORT allowing live entertainment, whether ambient or non-ambient, to be performed at commercial establishments as of right. Given that code enforcement already has difficulty enforcing noise disruption as evidenced by the extremely low percentage of noise complaints which result in citations, significantly expanding the number of locations allowed to offer live entertainment poses an unacceptable risk to resident quality of life. The city commission should uphold two decades of solid and effective planning and zoning decisions rather than prioritize this advocacy on behalf of insistent commercial interests over the clearly stated will of the affected neighborhoods. Further, a pilot program which allows more possible noise disruption is at the very least premature, since we currently have a pilot program in place to measure and assess decibel levels which has not yet yielded data that would be dispositive. R9E Sponsored by Gelber REFERRAL TO THE PLANNING BOARD - AMEND CHAPTER 142 OF THE LAND DEVELOPMENT REGULATIONS TO ADOPT A UNIFORM 2:00 A.M. TERMINATION TIME FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ALONG BOTH SIDES OF ALTON ROAD AND BOTH SIDES OF WEST AVENUE, AND TO REPEAL EXISTING EXCEPTIONS TO THE 2:00 A.M. TERMINATION TIME FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE CD-1 AND CD-2 DISTRICTS ALONG ALTON ROAD AND WEST AVENUE. 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. Note, we urge those electeds to make good on their campaign promise for 2:00 am in this neighborhood.