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.

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).

UPDATE
The subject ordinance was approved at First Reading on March 27, 2023, with no changes.