Item Coversheet

Ordinances - R5  K




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:March  27, 2023
 

First Reading

SUBJECT:

SUNSET HARBOUR OUTDOOR RESTAURANT SEATING AMENDMENT

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 11, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 142-310, ENTITLED "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS," TO ALLOW ADDITIONAL OUTDOOR SEATING FOR RESTAURANTS THAT FRONT AL TON ROAD AND ARE LOCATED SOUTH OF 18TH STREET, SUBJECT TO SPECIFIC CRITERIA; 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 schedule a Second Reading public hearing for April 28, 2023.

BACKGROUND/HISTORY

On September 14, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item (C4 Y) pertaining to outdoor restaurant seating above the ground floor in the Sunset Harbour neighborhood to the Land Use and Sustainability Committee (LUSC). On October 28, 2022, the LUSC discussed a proposed ordinance amendment and recommended (by a vote of 2-1) that the City Commission refer the proposal to the Planning Board for review and recommendation.

On December 14, 2022, the City Commission discussed the proposed referral to the Planning Board and continued the item to the February 1, 2023, City Commission meeting. Additionally, the City Commission requested that the Ordinance proposer continue outreach and discussions with the Sunset Harbour neighborhood. On February 1, 2023, the City Commission referred the proposed ordinance amendment to the Planning Board (Item C4 D).

ANALYSIS

Attached is a proposed ordinance amendment that would allow for expanded outdoor restaurant seating above the ground floor, in a limited area of the Sunset Harbour neighborhood. Currently, within the Sunset Harbour 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 Land Development Regulations of the City Code (LDRs) for properties in the Sunset Harbour neighborhood that front Alton Road and are located south of 18th Street, as follows:

• 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 100 seats.

• The total number of combined seats within the outdoor and indoor portions of restaurants above the ground floor shall not exceed 240 seats.

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

The Administration is supportive of the proposed revisions to the LDRs as the increase in the number of outdoor seats for restaurant use is better suited for eligible properties, due to the location adjacent to major thoroughfares (Alton Road and Dade Boulevard). The proposed amendment will also foster a wider variety of active uses within a limited site that is challenged by frontages on major roadways. Finally, the eligible properties are located at the southeast corner of the Sunset Harbour neighborhood, and well away from residential buildings.

PLANNING BOARD REVIEW
On February 28, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No fiscal impact is anticipated. 

CONCLUSION

The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 28, 2023.

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