SUNSET HARBOUR CD-2 AND L-1 DEVELOPMENT OVERLAY

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," (1) BY AMENDING SECTION 142-305, "PROHIBITED USES," TO PROHIBIT HOTELS, APARTMENT HOTELS AND SUITE HOTELS IN THE SUNSET HARBOUR AREA; AND (2) BY ESTABLISHING SECTION 142-312, "SUNSET HARBOUR DEVELOPMENT REGULATIONS," AND BY AMENDING DIVISION 11, "L-1 LIGHT INDUSTRIAL DISTRICT," BY ESTABLISHING SECTION 142-489, "SUNSET HARBOUR DEVELOPMENT REGULATIONS," TO MODIFY HEIGHT LIMITS, HEIGHT EXCEPTIONS, AND REGULATIONS FOR SPECIAL EVENTS AND OUTDOOR SPEAKERS, ESTABLISH LIMITATIONS FOR LOT SIZE AND LOT AGGREGATION, MODIFY REQUIREMENTS FOR CLEAR PEDESTRIAN PATHS, AND ESTABLISH LIMITATIONS FOR ESTABLISHMENTS OVER 25,000 SQUARE FEET IN THE SUNSET HARBOUR NEIGHBORHOOD; AND (3) BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," AT SECTION 133-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, 8, AND 9," TO MODIFY PARKING REQUIREMENTS FOR NON-RESIDENTIAL USES ABOVE THE GROUND FLOOR IN PARKING DISTRICT NUMBER 5; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, APPLICABILITY AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
Recently, the City Commission approved a neighborhood identity overlay district for the Sunset Harbor area. In furtherance of this overlay, staff recommended that the outer portion of the Sunset Harbor area, generally including those lots fronting on Dade Boulevard and Alton Road, be further studied regarding the potential proliferation of oversized uses.

In this regard, given the overall size of the lots facing these thoroughfares, and the ability to provide an excessive amount of onsite vehicular storage, additional regulations to ensure the unique character of the Sunset Harbor area have been recommended. With the availability of parking in the Sunset Harbor parking garage the need for excessive vehicle storage within private sites becomes less critical. Also, the aggregation of multiple lots for the express purpose of creating oversized development would be contrary to the established scale, character, and context of the Sunset Harbor area.

To address these issues, staff identified the following potential development regulations for the Sunset Harbor area, which are part of the attached draft Ordinance:

Required Off-Street Vehicle Parking
The Sunset Harbor parking garage, which is centrally located and under capacity, provides a tangible option for the operational parking needs of retail, restaurant and other commercial uses in the area. As such, a reduction or elimination of parking requirements for all commercial uses was recommended. Within larger development sites, this regulation would significantly control the oversized scale, massing and volumes of larger developments by removing the need for large parking pedestals.

The proposed Ordinance removes the minimum off-street parking requirement for non-residential uses above the ground floor in Parking District No. 5, which is specific to Sunset Harbour. However, parking for office uses above the ground floor, up to the level required in Parking District 1, can be provided without counting against FAR limits. Due to the changing needs of office developments and increases in remote work, it is expected that an office developer will be able to better determine the parking demands of employees and tenants.

Lot Aggregation
Limits on the number of lots that can be aggregated for retail, personal service or restaurant uses was discussed and recommended to avoid out of scale developments. The proposed Ordinance limits lot aggregation to no more than six (6) platted lots, unless it is for an office development.

Lot Size
Like the lot aggregation proposal, a limit on overall lot size for development would foster a more cohesive, context sensitive type of infill development pattern, particularly along the outer edges of Sunset Harbor. The proposed Ordinance provides that the maximum lot size shall not exceed 36,000 square feet. However, the Ordinance also provides that the provisions of this paragraph shall not apply to any lot larger than 36,000 square feet that existed prior to January 1, 2021 or to office development.

Conditional Use Permit (CUP) for Large Establishments
Currently a CUP is required for developments that exceed 50,000 square feet in the CD-2 and I-1 districts. In order to better manage the potential concentration of larger developments, a CUP would be required for establishments over 25,000 square feet. A similar requirement exists in the North Beach Town Center (TC-C district), and the TC-C district also limits the number of establishments over 25,000 square feet to two establishments. A similar limitations of two establishments is also proposed for the Sunset Harbor neighborhood.

Neighborhood Vision Plan
The subject Ordinance includes the recommendations noted above, as well as the measurable concepts proposed in the Neighborhood Vision Plan for Sunset Harbor. The following is a general summary of what is included in the attached ordinance:

1. Development Overlay. An overlay area has been created within the CD-2 and I-1 district regulations that is specific to the Sunset Harbor neighborhood.

2. Clear Pedestrian Path. A clear pedestrian path of ten (10’) feet is required; the DRB may allow for the path to be reduced to five (5) feet subject to the design review criteria.

3. Height. The DRB may increase the maximum building height to 65 feet for office uses on the following properties:

a. Properties fronting Dade Boulevard between Alton Road and Bay Road;

b. Properties fronting Alton Road between 20th Street and Dade Boulevard; and

c. Properties fronting Purdy Avenue between 18th Street and Dade Boulevard.

4. Height Criteria. In addition to approval from the design review board, the increase in the maximum height to 65 feet for the above noted properties shall be subject to the design review criteria and the following regulations:

a. The property shall have a minimum lot size of 10,000 square feet.

b. The development shall consist solely of office use above the ground level of the structure, and provided that residential uses may be permitted on such properties up to a maximum FAR of 2.0 pursuant to Section 142-307(d)(1), but only if the first 1.5 FAR of development is dedicated to office use and ground floor commercial use.

c. The ground floor shall contain retail, personal service, restaurant, and similar types of active uses fronting the clear pedestrian path.

d. Portions of the building exceeding 55 feet in height that abut a residential use shall be setback a minimum of ten (10) feet from the residential use.

e. Portions of the building exceeding 55 feet in height that are located on Alton Road shall be setback a minimum of 150 feet from 20th Street.

f. Portions of the building exceeding 55 feet in height that are located on Dade Boulevard shall be setback a minimum of 100 feet from Bay Road.

g. Portions of the building exceeding 55 feet in height that are located along 18th Street between Bay Road and Purdy Avenue shall be set back a minimum of 12 feet from the property line.

5. Height Exceptions. The following height exceptions have been created for the Sunset Harbor Area and, unless otherwise specified, shall not exceed ten feet above the main roof of the structure:

a. Roof-top operational and mechanical equipment. This exception shall be limited to essential, non-habitable, building elements such as mechanical rooms/devices, air conditioning and cooling equipment, generators, electrical and plumbing equipment, as well as any required screening. The height of such elements shall not exceed 25 feet above the roof slab. The foregoing operational and mechanical equipment shall require the review and approval of the Design Review Board and shall be set back from the building perimeter by no less than 25 feet from roof parapets on street facing facades.

b. Elevators and Stair Towers. Roof-top elevator towers, including code required vestibules, and stair towers, with the height of such structures not exceeding 25 feet above the roof slab. Projecting overhangs at the doorways to elevator vestibules and stair towers required by the Florida Building Code may be permitted, provided the projection does not exceed the minimum size dimensions required under the Florida Building Code. The foregoing elements shall require the review and approval of the Design Review Board and shall be set back from the building perimeter by no less than 25 feet from roof parapets on street facing facades. Notwithstanding the forgoing, the requirement for Design Review Board approval, as well as the perimeter setback, shall not apply to private elevator and/or private stairs from a residential unit to a private roof deck.

c. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar elements. Such elements shall be set back a minimum of 15 feet from the roof parapets on street-facing facades.

d. Decks. Decks located more than six inches above the top of the roof slab, and not exceeding three feet above the roof slab, may be permitted provided the deck area is no more than 50 percent of the enclosed floor area immediately one floor below.

e. Private rooftop areas. Rooftop areas that are accessible only to the owners or tenants of residential units may have trellis, pergolas or similar structures that have an open roof of cross rafters or latticework. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below and shall be set back a minimum of 15 feet from the roof parapets on street-facing facades.

f. Rooftop pools. Roof-top pools, not to exceed five feet above the roof slab, shall be limited to main use residential buildings, or mixed use/office buildings where at least 25% of the floor area is dedicated to non-transient residential units. Such pools may have up to a four-foot wide walkway around the pool. Additionally, bathrooms required by the Florida Building Code, not to exceed the minimum size dimensions required under the Florida Building Code, may be permitted provided such bathrooms are set back a minimum of 15 feet from the roof parapets on street-facing facades

g. Parapets. Parapets shall not exceed four feet in height above the main roof.

h. Speakers. Exterior speakers required to meet applicable requirements of the Life Safety or Florida Building Code.

i. Height Exception Setback. Allowable height exceptions located within 25 feet of the parapet along a street facing façade of the building, or an interior lot line abutting a residential use, shall not exceed 10 feet in height. The Design Review Board may waive this minimum setback from the parapet along a street facing façade of the building, but in no instance shall the setback be less than 15 feet.

6. Special Events. City-approved special events shall be prohibited at alcoholic beverage establishments. Notwithstanding the foregoing, permitted special events shall cease no later than 9:00 p.m., seven days a week.

7. Outdoor Speakers. Outdoor speakers shall be prohibited on all levels of the exterior of a building, including roof tops, unless such speakers are required pursuant to the Life Safety or Florida Building Code.

8. Hotel Prohibition. The proposed ordinance adds hotels, apartment hotels, suite hotels to the list of prohibited uses. This is in addition to hostels that were already prohibited in the area. This is intended to ensure that development in the area remains neighborhood oriented.

PLANNING BOARD REVIEW
On March 23, 2021, the Planning Board discussed the item and continued it to the April 27, 2021 meeting. On April 27, 2021, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-0. As part of this recommendation, the Planning Board also recommended the following revisions to the Ordinance:

SECTIONS 142-312(b)(3)e and 142-489(b)(3)e:

e.         Rooftop areas that are accessible only to the owners or tenants or residential units may have trellis, pergolas, or similar structures that have an open roof of cross rafters or latticework. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below and shall be set back a minimum of 15 20 feet from the property line and no less than 10 feet from the roof parapet on the street-facing facades.

SECTION 142-312(b)(3)f and 142-489(b)(3)f:

f.          Roof-top pools, not to exceed five feet above the roof slab, shall be limited to main use residential buildings, or mixed use/office buildings where at least 25% of the floor area is dedicated to non-transient residential units.  Such pools may have up to a four-foot wide walkway around the pool.  Additionally, bathrooms required by the Florida Building Code, not to exceed the minimum size dimensions required under the Florida Building Code, may be permitted provided such bathrooms are set back a minimum of 15 20 feet from the property line and no less than 10 feet from the roof parapets on street-facing facades and shall not exceed 13 feet in height measured from the finished elevation of the roof deck or 16 feet in height measured from the roof slab, whichever is less.

SECTION 142-312(b)(3)i and 142-489(b)(3)i:

i.          Allowable height exceptions located within 25 feet of the parapet property line along a street facing façade of the building, or within 20 feet of an interior lot line abutting a residential use, shall not exceed 10 feet in height measured from the finished elevation of the roof deck or 13 feet in height measured from the roof slab, whichever is less.  The Design Review Board may waive this minimum setback from the parapet along a street facing façade of the building, but in no instance shall the setback be less than 15 feet from the property line.

Additionally, the Planning Board, by a vote of 5-1, recommended an applicability section that would provide an exception from the provisions of this Ordinance to Design Review Board applications that have been filed and assigned a file number prior to April 27, 2021. This proposed applicability section would apply to 2 DRB applications.

The recommendations of the Planning Board have been incorporated into the draft Ordinance for First Reading.

SUMMARY
The Administration believes that the subject Ordinance, inclusive of the recommendations of the Planning Board, is an accurate reflection of the proposed Neighborhood Vision Plan for Sunset Harbor. The process of developing the Ordinance has been collaborative, and the Administration commends the residents of Sunset Harbour for their efforts, patience and diligence in partnering with the City on the proposal.

Regarding the proposed applicability section, including hotel uses, the Administration does not have any objections to this section as it is limited to 2 DRB applications. Additionally, the proposed hotel project, assuming it is approved by the DRB and moves forward, would be located at the corner of Dade Boulevard and Alton Road, which is at the outer perimeter of the Sunset Harbor area. Finally, the developer of this hotel project has voluntarily proffered to reduce and limit the occupancy of the hotel units, below what is currently required under the City Code.

UPDATE

The Ordinance was approved at First Reading on May 12, 2021 with no changes. The City Commission also requested that the following be addressed:

1. The proposer for the hotel project requesting the applicability provision should continue to meet with and try to find a compromise with the community and address concerns and fears people have regarding a hotel in the neighborhood.

2. Consideration be given to a provision for special events during certain holidays. In this regard, the Administration recommends that the following sentence be discussed, for possible inclusion within the special events regulation of the overlay:

Special Events. City approved special events shall be prohibited at alcoholic beverage establishments. Notwithstanding the foregoing, permitted special events at venues not meeting the definition of an alcoholic beverage establishment shall cease no later than 9:00 p.m., seven days a week. However, permitted special events at venues not meeting the definition of an alcoholic beverage establishment shall cease no later than 11:00 p.m., when the event occurs on a national holiday or during a special event period identified by the City.

Maintain and promote appropriate development