SUNSET HARBOUR NEIGHBORHOOD IDENTITY OVERLAY - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE 2040 COMPREHENSIVE PLAN, BY AMENDING THE "RESILIENT LAND USE AND DEVELOPMENT ELEMENT," GOAL RLU 1, ENTITLED "LAND USE," TO ESTABLISH OBJECTIVE RLU 1.5, TO BE ENTITLED "NEIGHBORHOOD IDENTITY," TO PROVIDE POLICIES THAT FOSTER CONTINUED DEVELOPMENT AND PRESERVATION OF UNIQUE NEIGHBORHOODS, PROVIDE FOR THE INCLUSION IN THE COMPREHENSIVE PLAN OF POLICIES THAT PROVIDE VISION AND GUIDANCE FOR SPECIFIC NEIGHBORHOODS, AND ESTABLISH A POLICY SPECIFIC TO THE SUNSET HARBOUR NEIGHBORHOOD THAT FOSTERS ITS UNIQUE SMALL-TOWN, NEIGHBORHOOD-SERVING, AND MIXED-USE CHARACTER; AND BY AMENDING THE 2040 COMPREHENSIVE PLAN MAP SERIES TO ESTABLISH A "NEIGHBORHOODS MAP"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
On October 28, 2019, a town hall meeting was held in Sunset Harbour to discuss the above proposal. The discussion, led by Commissioner Arriola, focused on (i) the current mix of restaurants and retailers that primarily serve residents in the Sunset Harbour neighborhood, and (ii) the appropriateness of adopting regulations on formula commercial establishments. Sixteen residents attended the meeting, and a consensus of the residents present expressed support for placing restrictions on formula commercial establishments in the neighborhood, in order to ensure that restaurants and retailers in Sunset Harbour continue to serve the needs of local residents.

The following is a summary of additional issues raised at the meeting:

• The need to achieve a balance between zoning restrictions vs incentives to businesses and property owners;

• The need for a diversity of uses;

• The high rents in the area; and

• The need to ensure a proper mix of retail and restaurant uses around a vision for the area.

The following additional suggestions were proposed:

• Consider hosting a focus group with restauranteurs;

• Consider additional activation of the area through special events; and

• Conduct a survey of residents on what they would like to see in their community;

The administration and the City Attorney’s office have retained a land use consultant to study the appropriateness of regulations on formula commercial establishments in Sunset Harbour. The consultant’s study is attached to the companion LDR ordinance.

The proposed Comprehensive Plan amendment establishes a framework by which the Comprehensive Plan will support the unique identity of specific neighborhoods in the City. It encourages the use of zoning tools to encourage the uniqueness. The amendment is structured in a way that policies can be added in the future which apply to specific neighborhoods and provide guidance for future amendments to the Land Development Regulations (LDRs).

Specifically, the amendment incorporates policies related to the Sunset Harbour Neighborhood. It encourages and supports LDR amendments which will achieve the following:

• Support the continued development of the neighborhood with a mixed-use nature, including light industrial, artisanal retail, small-scale commercial, and residential development;

• Encourage the establishment of small-scale businesses and restaurants that are intended to serve the residents within and in surrounding neighborhoods;

• Foster the establishment of businesses and restaurants which create dining, retail, and personal service experiences that are unique within the nation; and

• Support the ability of small-scale business to adapt to climate change and sea level rise.

This amendment sets a framework for future amendments related to the Sunset Harbour neighborhood. Staff has reviewed previous LDR amendments that have been adopted for the Sunset Harbour neighborhood, including the establishment of Parking District No. 5 and alcoholic beverage and entertainment establishment restrictions and they are consistent with the proposed policies.

A companion LDR amendment, which creates a prohibition on formula commercial and formula restaurant establishments, is under separate consideration. This LDR amendment encourages the establishment of small-scale dining, retail, and personal service experiences to service residents.

COMPREHENSIVE PLAN ISSUES
This application includes a text amendment to establish Objective RLU 1.5 and subsequent policies in the Resilient Land Use element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission.

The amendment is effective 31 days after it is adopted if there are no appeals. In order to accommodate the 30-day review period required for the companion comprehensive plan amendment, second reading and adoption of the ordinance is recommended to be set for November 18, 2020.

PLANNING BOARD REVIEW
On January 28, 2020, the Planning Board continued the item to the February 25, 2020 meeting. On February 25, 2020, the Planning Board continued the item to the March 24, 2020 meeting. The March 24, 2020 meeting was cancelled, and the item was deferred to the May 19, 2020 meeting.

On May 19, 2020 the item was deferred to July 27, 2020. On July 27, 2020 the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.

UPDATE
On September 16, 2020, the City Commission approved the proposed Comprehensive Plan amendment at first reading. The amendment was subsequently transmitted to State review agencies as required by section 163.3184, Florida Statutes. No objections were raised by any of the state agencies; however, the Department of Economic Opportunity (DEO) did provide the following technical assistance comment (see attached letter):

DEO recommends that the City consider adding the data source and creation or adoption date to the Neighborhoods Map that is proposed for inclusion in the City of Miami Beach 2040 Comprehensive Plan Map Series. Additionally, to improve ease of locating the Map within the Map Series, the amendment could also be strengthened by numbering the map and adding a reference to the number or location of the map within Objective RLU 1.5.

Attached are additional exhibits B and C, which address this technical support comment from the DEO. These depict the actual maps and where in the plan they will be located. The ordinance for second reading has also been revised, in a non-substantive manner, to include updates to the Table of Contents and Map Contents and identify the location of the Neighborhoods Map. The Neighborhood Map, as it will be depicted in the Comprehensive Plan, was also incorporated into the ordinance. Finally, Policy RLU 1.5.2 was updated to clarify that the Neighborhoods Map is located within the Map Series of the Comprehensive Plan.

APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.