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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: July 19, 2023
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| | | | | | | | | TITLE: | AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REQUIRE CONDITIONAL USE APPROVAL FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS ON A ROOFTOP WHERE SUCH ROOFTOP IS LOCATED IN CLOSE PROXIMITY TO A BUILDING CONTAINING RESIDENTIAL UNITS. |
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| | | | | | | | HISTORY:
| On May 17, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred the proposal (C4 A) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On June 20, 2023, the item was scheduled for discussion, but deferred to the July 19, 2023, LUSC meeting due to the length of the agenda.
At the request of the item sponsor, the proposed ordinance was placed on the June 27, 2023, agenda of the Planning Board. The Planning Board transmitted the ordinance to the City Commission with a favorable recommendation, and recommended that the ordinance include a clarification pertaining to open-air portions of an establishment above the roof. The proposed ordinance is scheduled to be considered by the City Commission at First Reading on July 26, 2023.
BACKGROUND
As noted in the attached referral memo, the item sponsor has requested that the LUSC discuss an amendment to the City’s Land Development Regulations to require a conditional use permit (CUP) from the Planning Board for any proposed alcoholic beverage establishment located on a rooftop where such rooftop is in close proximity to a building containing residential units. The CUP requirement would apply regardless of whether the establishment is licensed to conduct entertainment. As part of the discussion, the sponsor has requested that the Planning Department recommend a specific distance requirement (from a residential property) within which a CUP would be required. |
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| | | | | | | | ANALYSIS:
| The Land Development Regulations of the City Code (LDRs) currently define Neighborhood Impact Establishment (NIE) as follows:
Neighborhood impact establishment means:
(1) An alcoholic beverage establishment or restaurant, not also operating as an entertainment establishment or dance hall, with an occupant content of 300 or more persons as determined by the chief fire marshal; or
(2) An alcoholic beverage establishment or restaurant, which is also operating as an entertainment establishment or dance hall, with an occupant content of 200 or more persons as determined by the chief fire marshal.
Open air or outdoor rooftop establishments that include entertainment require a CUP regardless of the occupational content. However, rooftop alcoholic beverage establishments, whether enclosed or unenclosed, that have no entertainment, do not require a CUP unless the occupational content of the establishment exceeds 300 persons.
To address future impacts on adjacent properties that contain residential uses, the attached draft ordinance creates a 3rd NIE tier for rooftop establishments, as follows:
An alcoholic beverage establishment or restaurant located on the top floor of a building, whether fully enclosed, partially open or open to the sky, including all open-air portions above the rooftop, which is located on a property that is within 200 feet of a property containing a residential unit.
If adopted, Planning Board approval of a CUP would be required for any future rooftop alcohol establishment that is on a property within 200 feet of a property containing a residential unit.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the proposal and provide a favorable recommendation to the City Commission. |
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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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