Item Coversheet

Ordinances - R5  K




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:September  16, 2020
 

2:30 p.m. First Reading Public Hearing

SUBJECT:

R-PS4 ACCESSORY USE AMENDMENTS FOR NIE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” DIVISION 18, ENTITLED “PS PERFORMANCE STANDARD DISTRICT,” BY AMENDING SECTION 142-693, ENTITLED “PERMITTED USES,” TO PERMIT NEIGHBORHOOD IMPACT ESTABLISHMENTS AS A CONDITIONAL USE WHEN SUCH USE IS AN ACCESSORY TO OCEANFRONT APARTMENT BUILDINGS WITH 300 UNITS MORE, AND TO FURTHER PERMIT SUCH NEIGHBORHOOD IMPACT ESTABLISHMENTS APPROVED BY THE PLANNING BOARD AS A CONDITIONAL USE TO OPERATE OPEN AREAS ABOVE THE GROUND FLOOR WITH A MAXIMUM PATRON-OCCUPANT LOAD OF 250 PERSONS, SUBJECT TO SPECIFIC USE LIMITATIONS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL COMMUNITIES, AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for October 14, 2020.

BACKGROUND/HISTORY

On June 24, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred an ordinance amending the regulations for Neighborhood Impact Establishments (NIE) in the R-PS4 district to the Land Use and Sustainability Committee (LUSC) and the Planning Board (Item C4 B). On July 21, 2020 the LUSC discussed the proposal and recommended that the Planning Board transmit the proposed ordinance to the City Commission with a favorable recommendation.

ANALYSIS

PLANNING ANALYSIS
The attached ordinance 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 as a Neighborhood Impact Establishment (NIE) in the space.

Although Oche does not have an entertainment component, it is an alcoholic beverage establishment with an occupational content that is over 300 persons. Under the City code, any venue serving alcohol that has an occupational content greater than 300 persons falls under the definition of an NIE. In the RPS-4 district, NIE’s are generally prohibited.

In order to allow for Oche to operate, the amendments are proposed to allow an NIE for accessory uses approved as a conditional use in the RPS-4 district. Specifically, 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 would be 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, smaller uses, in order to serve alcohol, or utilized as a large retail space.

PLANNING BOARD REVIEW

On August 25, 2020 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.

CONCLUSION

The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for October 14, 2020.

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
Ordinance
Ad