Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 11.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: October 28, 2022
TITLE:DISCUSS AN AMENDMENT FOR SUNSET HARBOR PERIMETER RESTAURANTS

HISTORY:

HISTORY
On September 14, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred the subject discussion item to the Land Use and Sustainability Committee (C4 Y).

BACKGROUND
As noted in the attached referral memo, a property owner is seeking an amendment of the City code to allow for a property fronting Alton Road and 19th Street to allow for outside dining above the first floor, so long as the total number of outdoor dining seats associated with the indoor restaurant above the ground floor does not exceed 120 seats. The owner is also seeking to allow for outdoor speakers for ambient music.

ANALYSIS:

PLANNING ANALYSIS
Attached to the referral memo is the text of proposed ordinance amendment provided by the property owner's representative. Currently, within the Sunset Harbor Neighborhood, outdoor restaurant seating above the first level of any building cannot exceed 40 seats and must cease operations no later than 8:00 pm. Additionally outdoor speakers for recorded, background level music is prohibited.

The proposal herein would amend Sec. 142-310 of the LDR’s, specific to a property with an Alton Road address and located south of 19th Street:

• Additional above ground outdoor seating would be permitted provided the total number of outdoor dining seats associated with the indoor restaurant above the ground floor does not exceed 120 seats.

• Above ground outdoor seating would be permissible past 8:00 pm, but no later than 12:00 am.

• Outdoor speakers for recorded music would be permitted within the above ground dining area, provided the sound from any outdoor speakers is limited to ambient recorded music.

The Administration believes that the aforementioned revisions to the LDR’s, as proposed by the affected property owner, are not unreasonable, given the location of the property adjacent to a major thoroughfare (Alton Road). Additionally, the subject property is located at the SE corner of the Sunset Harbor neighborhood, and well away from residential buildings.

CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide any applicable recommendations to the City Commission. If there is consensus regarding the proposed amendment, it is further recommended that a draft Ordinance be prepared and placed on the next available City Commission agenda for referral to the Planning Board.

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 

Departments

Planning
ATTACHMENTS:
DescriptionType
Referral Memo C4YMemo