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LTC 332-2023 Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the July 26, 2023 Commission MeetingM IA M I BEACH OFFICE OF THE CITY CLERK LTC # 332-2023 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 Gener~ / Rafael E. Granado, City Clerk 7 )II July 24, 2023 SUBJECT: Resolutions from Miami Beach United (MBU) Board of Directors - Relating to Items on the July 26, 2023, Commission Meeting. On behalf of the Board of Directors of Miami Beach United (MBU), please find resolutions in advance of the Commission Meeting of July 26, 2023, pertaining to: R5 G 10:50 a.m. 1 Rdg PH, Rooftop Alcohol Establishments - CUP Requirement. (Fernandez) PL R5 J 3:10 p.m. 2' Rdg, Alton Road Office Height Overlay - Transient/Overlay Exceptions. (Dominguez) PL 5/7 R5 U 1"Rdg, Indoor Restaurant Ambient Entertainment Pilot Program . (Arriola) PL R5 V 1"Rdg, Notice Requirements for Discussion Items that are Scheduled by Land Use Boards. (Arriola) PL R5 W 1"Rdg, Alcohol Hours of Sales March 2024 - Citywide. (Gelber) PL SM2 M ia m i B e a c h U n ite d B o a r d o f D ire ct o rs R e s o lu ti o n s fo r C ity C o m m is s io n m e e ti n g 7 .2 6 .2 3 R5G Sponsored by Fernandez -- First Reading ROOFTOP ALCOHOL ESTABLISHMENTS - CUP REQUIREMENT AN ORDINANCE AMENDING AND EXPANDING THE DEFINITION OF NEIGHBORHOOD IMPACT ESTABLISHMENT TO INCLUDE ROOFTOP ALCOHOLIC BEVERAGE ESTABLISHMENTS ADJACENT TO PROPERTIES WITH A RESIDENTIAL UNIT Miami Beach United SUPPORTS this ordinance. Rooftop bars adjacent to residential buildings can create significant nuisance and noise for the residents nearby. We have many examples of rooftop establishments which are NOT located near residential units which still create chaos, noise complaints and trouble for the residential community, causing continuing calls to Police and Code Compliance. Given this history, it seems clear that any rooftop establishments in residential areas would only further burden the Police and Code departments with noise or behavioral complaint calls. We also suggest this ordinance apply not just to rooftops, but to any open air space above the ground floor, as well as any rooftop smoking/hookah lounges R5J Sponsored by Dominguez -- 3:10 PM Second Reading Public Hearing ALTON ROAD OFFICE HEIGHT OVERLAY - TRANSIENT USE AND OVERLAY EXCEPTIONS TO INCLUDE CERTAIN EXCEPTIONS FOR DEVELOPMENTS LOCATED BETWEEN LINCOLN ROAD AND 17TH STREET , Miami Beach United SUPPORTS the merits of the proposed project; however, we DO NOT SUPPORT the process by which this project gained more F.A.R. We are deeply concerned that this ordinance dilutes the purpose of the F.A.R. bonus which was intended to incentivize new residential development, and that it may set a precedent. If office development is rewarded in this way, then more of those projects may be built instead of apartments which are so desperately needed. R5U 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. R5 Sponsored by Gelber -- First Reading ALCOHOL HOURS OF SALE MARCH 2024 - CITYW IDE AN ORDINANCE AMENDING CHAPTER 6 TO REQUIRE TERMINATION OF ALCOHOL SALES AT MIDNIGHT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS DURING TW O HIGH IMPACT (SPRING BREAK) WEEKENDS IN MARCH OF 2024. Miami Beach United SUPPORTS this ordinance amendment which would require the sale and consumption of alcohol at alcoholic beverage establishments to cease Citywide at Midnight during two Spring Break weekends in March 2024. Other measures tried in recent years have failed to curb the violence and mayhem which keeps happening during peak Spring Break weekends. While we recognize the typical patron at the City's alcoholic beverage establishments paying high prices for drinks are rarely a problem during Spring Break, the clubs, bars and hotels who promote high profile performers at their establishments during this period contribute to the image of the City as an "anything goes" place to be and that, in turn, attracts the massive, unruly crowds who have been taking over streets and the park in the Ocean Drive area. We think a Midnight termination for the sale of alcohol to curb promotional activity is worth a try, but this will need to be Citywide to change the image of Miami Beach as the place to be for Spring Break and to treat all businesses equitably. RSV Sponsored by Arriola -- First Reading NOTICE REQUIREMENTS FOR DISCUSSION ITEMS ORDINANCE AMENDING ADMINISTRATION AND REVIEW PROCEDURES TO ESTABLISH A NOTICE PROCEDURE FOR CERTAIN DISCUSSION ITEMS THAT ARESCHEDULEDBYLANDUSEBOARDS Miami Beach United SUPPORTS this important ordinance to enhance notification requirements to a property owner when a discussion of their property is· included on any Land Use Board agenda. We believe it is only fair that the owner is aware, from the inception, of any discussion or dialogue taking place by the City about their property which could have a considerable impact on their property. Having been integrally involved in the creation of the City's Residents Right to Know process, MBU is committed to support legislation which increases transparency and helps to ensure that residents and businesses are fully informed and timely aware of any Land Use Board discussions that may affect them.