| | | | | | | |  | Ordinances - R5 E
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | September 28, 2022 | | | | First Reading
| | SUBJECT: | R-PS4 AMENDMENT FOR ACCESSORY USES
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 MODIFY RESTRICTIONS APPLICABLE TO NEIGHBORHOOD IMPACT ESTABLISHMENTS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL COMMUNITIES, AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for October 26, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On May 25, 2022, the City Commission referred the subject Ordinance Amendment to the Land Use and Sustainability Committee (LUSC) and the Planning Board (item C4 B). The sponsor of the proposal is Vice-Mayor Alex Fernandez.
On July 7, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.
BACKGROUND
On November 18, 2020, the City Commission adopted Ordinance No. 2020-4379, which allowed for Neighborhood Impact Establishments (NIE) that do not contain entertainment to operate as an accessory use in the RPS-4 district under certain circumstances. This Ordinance provided that any outdoor restaurant seating above the ground floor cease by 8:00 PM.
On November 17, 2021, the Planning Board approved a Conditional Use Permit for a new restaurant with an NIE at 200 South Point Drive (File Number PB20-0392), pursuant to the regulations set forth in Ordinance No. 2020-4379. This restaurant subsequently went out of businesses. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The proposed Ordinance would amend Section 142-693(i) of the LDR’s, pertaining to additional regulations for alcoholic beverage establishments located south of 5th Street. Currently, accessory uses approved as a conditional use to oceanfront apartment buildings in the R-PS4 district have several additional restrictions. The following is a summary of the proposed amendments to accessory uses subject to these restrictions:
• The closing time for open levels above the ground floor, which were previously limited to 8:00 pm, seven (7) days a week, would now be 11:00 PM on weekdays (Sunday – Wednesday) and 12:00 AM on weekends (Thursday – Saturday). Provisions for an additional 30 minutes for cessation of operations (staff closing and clean-up) are also included.
• Recorded background music, played at a level that does not interfere with normal conversation, may be permitted, provided that a sound system with directional speakers and a digital tamper-resistant sound level limiter is used to minimize impacts to adjacent properties.
The proposed Ordinance would allow an existing restaurant space located at 200 South Point Drive to operate outdoor portions above the ground floor area later than 8:00 pm, as well as provide ambient level, recorded music within the outdoor areas. Given the safeguards included within the proposed Ordinance, the Administration has no objection to the proposed amendments.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 26, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (6-0).
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improve Business Opportunities |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for October 26, 2022. |
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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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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Vice-Mayor Alex Fernandez |
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