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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 3
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: February 15, 2023
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| | | | | | | | | TITLE: | OCEAN TERRACE OVERLAY LDR AMENDMENT |
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| | | | | | | | HISTORY:
| On October 26, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject proposal to the Land Use and Sustainability Committee (LUSC) and the Planning Board (R9 H). The item was placed on the November 18, 2022 LUSC agenda and deferred to the January 25, 2023 meeting with no discussion. At the request of the item sponsor, the item was deferred to the February 15, 2023 LUSC meeting.
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| | | | | | | | ANALYSIS:
| As noted in the attached referral memo, consistent with the recommendation of the Planning Board, the item sponsor is proposing to amend the regulations of the Ocean Terrace Overlay. Specifically, and as included in the attached draft Ordinance, the following is proposed:
1. A reduction of the Neighborhood Impact Establishment (NIE) threshold from the current occupational content of 200 persons or more (with entertainment) or 300 persons or more (without entertainment) to 100 seats and/or an occupancy content in excess of 125 persons. This revised threshold mirrors the thresholds in the Sunset Harbour neighborhood.
2. Adding Hostels to the list of prohibited uses.
3. Adding Outdoor Entertainment Establishments and Open-Air Entertainment Establishments to the list of prohibited uses. Currently outdoor and open air entertainment uses require conditional use approval from the Planning Board, regardless of occupancy content.
The Administration is supportive of adding hostels to the list of prohibited uses within the Ocean Terrace Overlay. However, it is not recommended that the NIE threshold be reduced as proposed, nor that outdoor entertainment be prohibited in its entirety.
In this regard, the current NIE threshold for indoor uses is already robust, as establishments with just over 200 persons (with entertainment) or just over 300 persons (without entertainment) are typically modest in terms of overall square footage. When indoor uses exceed these occupancy thresholds, the size and operation of such establishments does currently require (and need) additional oversight.
If there is a desire to have more control over indoor entertainment uses, the Administration would instead suggest consideration be given to lowering the threshold for establishments with indoor entertainment to an occupancy content in excess of 125 persons. Establishments containing indoor entertainment generally have more of an impact, and a threshold of 125 persons would be consistent with other areas of the City that have a lower occupancy threshold.
As it pertains to outdoor and open-air entertainment, currently all such uses require conditional use approval regardless of occupancy content, which provides a vigorous public review process. Since outdoor entertainment has many forms, and not all performances utilize loud music, the Administration does not recommend prohibiting the use in its entirety. Instead, to better control the spillage of recorded or performance-based music, the Administration would recommend that the following additional requirements be considered for inclusion in the draft Ordinance:
1. Outdoor and open-air entertainment would only be permitted as part of a restaurant establishment, which serves food at all times, and would not be permitted as part of a stand-alone bar or lounge.
2. The hours of outdoor and open-air entertainment shall be limited to no later than midnight (12:00 a.m.) on Fridays and Saturdays and no later than 10:00 p.m. Sunday thru Thursday.
3. Within areas of an establishment containing outdoor and / or open-air entertainment, any sound related to recorded music, tv sets and/or performances, including, but not limited to, vibrations and bass, shall not exceed ambient, background levels, at any time. Additionally, such sound shall not be felt, nor be audible past the confines of the property where the use is proposed.
4. The requirements pertaining to hours and level of sound within outdoor and / or open-air entertainment establishment would be codified and supplement any conditions imposed as part of the CUP process. These requirements could not be reduced, altered, or waived by the Planning Board.
These additional standards would allow for good operators to offer a more dynamic type of dining experience, while minimizing impacts on surrounding properties.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board. |
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| | | | | | | | Applicable Area
| | North 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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