Item Coversheet

New Business and Commission Requests - R9  AB




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:October  18, 2023
 



SUBJECT:REFERRAL TO THE PLANNING BOARD – SUNSET HARBOR FORMULA RETAIL BOUNDARIES.

RECOMMENDATION

The Administration recommends that the City Commission discuss and consider the referral of an ordinance to the Planning Board, subject to the identification of a new Commission sponsor.

BACKGROUND/HISTORY

On September 13, 2023, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item (C4 G) to the Land Use and Sustainability Committee (LUSC). The discussion pertained to expanding the geography of the formula retail restrictions in Sunset Harbour to Alton Road and Dade Boulevard to protect the character of the neighborhood.

On September 27, 2023, the LUSC discussed the item and recommended that the City Commission discuss and consider referring an ordinance amendment to the Planning Board that would expand the geographic boundaries of the existing Sunset Harbour Mixed-Use Neighborhood Overlay District.

ANALYSIS

Attached is Section 7.3.9 of the Land Development Regulations of the City Code (LDRs), which contains the applicable requirements for the Sunset Harbour Mixed-Use Neighborhood Overlay District. The overlay district consists of the properties in the Sunset Harbour area, which is generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south. The purpose of this overlay district is to limit the proliferation of uses which may diminish the character of a unique mixed-use residential neighborhood within the city.

The overlay district contains the following sub-areas:

1. Perimeter commercial corridors. The perimeter commercial corridors include the properties fronting Dade Boulevard between Bay Road on the west and Alton Road on the east, as well as the properties fronting Alton Road between Dade Boulevard on the south and 20th Street on the north.

2. Neighborhood center. The neighborhood center includes all properties that are not within the perimeter commercial corridors, as described above.

Currently, formula commercial establishments and formula restaurants are prohibited in the neighborhood center area of the overlay district. However, such establishments are not prohibited within the perimeter commercial corridors. Modifying or expanding the current boundaries of the overlay to prohibit formula establishments within the perimeter commercial corridor would require an amendment to Section 7.3.9 of the LDRs. This would entail a referral by the City Commission to the Planning Board, and additional legal analysis would be required.

If referred to the Planning Board, an ordinance amending Section 7.3.9 of the LDRs will be drafted to effectuate the proposed change. Additionally, a new Commission sponsor will need to be identified, prior to consideration of an ordinance by the Planning Board.

SUPPORTING SURVEY DATA

Not Applicable

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends that the City Commission discuss and consider the referral of an ordinance to the Planning Board, subject to the identification of a new Commission sponsor.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
LDR Section 7.3.9