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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 4
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: July 21, 2020
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| | | | | | | | | TITLE: | DISCUSS AMENDING THE RPS-4 DISTRICT REGULATIONS
ACTION REQUESTED:
Discuss the item and provide a recommendation on the proposed ordinance to the Planning Board.
ADMINISTRATION RECOMMENDATION:
Conclude the item and recommend that the Planning Board transmit the proposed ordinance to the City Commission with a favorable recommendation. |
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| | | | | | | | HISTORY:
| On June 24, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and Sustainability Committee and the Planning Board (Item C4 B).
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| | | | | | | | ANALYSIS:
| The attached ordinance, which has been updated since the referral on June 24, 2020, has been prepared on behalf of Oche, a dart club from Norway, who recently signed a lease to operate in the space formerly occupied by CIBO at the intersection of South Pointe Drive and Ocean Drive. Oche is requesting amendments to the land development regulations within the RPS-4 zoning district in order to be able to operate the space.
In the RPS-4 district, Neighborhood Impact Establishments are prohibited. Although Oche does not have an entertainment component it does have an occupational content that is over 300 persons. Under the City code, any venue that has an occupational content greater than 300 persons falls under the definition of an NIE. In order to allow for Oche to operate, the following amendments are proposed to allow an NIE for accessory uses approved as a conditional use to oceanfront apartment buildings with more than 300 units in the RPS-4 district and located adjacent to a park:
Accessory uses approved as a conditional use to oceanfront apartment buildings with more than 300 units, located adjacent to a park and in a separate building from the primary use with a minimum square footage of 8,000 square feet shall be permitted subject to the following restrictions:
1. A maximum patron-occupant load of no more than 250 individuals located on an open level above the ground floor. The patron- occupant load shall be determined by the Fire Marshall;
2. The open level above the ground floor shall not be occupied past 8:00 PM;
3. Outdoor music and television sets, whether amplified or nonamplified, shall be prohibited in open level above the ground floor;
4. Outdoor bar counters shall be prohibited;
5. Special event permits are prohibited;
6. Notwithstanding the prohibition set forth in 142-693(i)(2), alcoholic beverages are permitted in this open level above the ground floor permitted by this subsection until 8:00 PM;
7. Any open area above the ground floor shall only be open when the restaurant is open serving full meals.
8. With regard to ground floor outdoor areas the following restrictions shall apply:
a. Outdoor bar counters shall be prohibited;
b. There shall be no issuance of any special event permit for this area;
c. This area shall not be occupied past 12:00 AM midnight.
9. With regard to the interior area of this separate accessory use building, as defined herein, the following restrictions shall apply:
a. The area shall not be occupied past 2:00 AM;
b. There shall be no issuance of any special event permit for this area.
The administration is supportive of this limited amendment, as it would allow for an existing space to operate in accordance with the built-out design. Absent this amendment, the space would have to be subdivided into separate uses.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee endorse the proposal and recommend that the that the Planning Board transmit the proposed ordinance to the City Commission with a favorable recommendation. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | 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 | |
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