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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 6
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: | AMENDMENT TO THE CD-2 ZONING DISTRICT REGULATIONS IN THE MIAMI BEACH RESILIENCY CODE TO REVISE THE CONDITIONAL USE REQUIREMENTS FOR RESTAURANTS IN THE SUNSET HARBOUR NEIGHBORHOOD AND AMEND THE OFF-STREET PARKING REQUIREMENTS FOR RESTAURANTS IN PARKING DISTRICT NO. 5. |
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| | | | | | | | HISTORY:
| On June 28, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the proposal (C4 Q) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
BACKGROUND
As noted in the attached referral memo, the purpose of this referral is to consider:
1. Amendments to the conditional use requirements for the CD-2 Commercial, medium intensity district, to permit restaurants larger than 5,000 square feet in the Sunset Harbour neighborhood to have up to 199 indoor seats; and
2. Amendments to the off-street parking requirements for Parking District No. 5 (Sunset Harbour), to revise the parking requirement for restaurants that exceed 100 seats and/or 3,500 square feet of floor area. |
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| | | | | | | | ANALYSIS:
| Currently, conditional use approval (CUP) from the Planning Board is required for restaurant uses serving alcohol in the Sunset Harbour neighborhood if the establishment has more than 100 seats or exceeds an occupancy of 125 persons. Also, the current maximum occupancy for restaurants serving alcohol in the Sunset Harbour neighborhood is 199 persons.
The attached ordinance, which is proposed by an affected property owner, would amend the CD-2 (Commercial, Medium Intensity) district regulations in the Land Development Regulations of the City Code (LDRs) by modifying the occupancy and seating limits for restaurants serving alcohol in the Sunset Harbour area. Specifically, the following revised occupancy and seating thresholds would be subject to CUP approval:
• Restaurants with more than 100 seats or an occupancy content (as determined by the fire marshal) exceeding 125 persons, up to a maximum occupancy content of 199 persons and not to exceed 3,500 square feet of floor area.
• Restaurants exceeding 3,500 square feet of floor area, up to a maximum occupancy content of 299 persons (as determined by the fire marshal) and a maximum of 199 indoor seats.
• Restaurants exceeding an occupancy content of 299 persons (as determined by the fire marshal) or a maximum of 199 indoor seats would be prohibited.
The proposed ordinance would increase the allowable occupancy for restaurants with alcoholic beverage licenses in Sunset Harbour from the current maximum of 199 persons to 299 persons. However, such establishments could not exceed 199 indoor seats and CUP approval would still be required. The current CUP requirement for any restaurant establishment serving alcohol that exceeds 100 seats or an occupancy content of 125 persons remains in place.
Additionally, the off-street parking requirements for restaurants in Sunset Harbour are proposed to be amended as part of the ordinance. Currently, restaurant establishments that exceed 100 seats and/or 3,500 square feet of floor area are required to provide one (1) parking space for every four (4) seats and one parking space per 60 square feet of floor area not used for seating. The proposed ordinance would reduce this parking requirement to one (1) parking space for every eight (8) seats but maintain the requirement of one parking space per 60 square feet of floor area not used for seating.
The proposed modifications to the occupancy, seating and minimum parking requirements in the attached ordinance have been requested by a property owner in Sunset Harbour, who is seeking to develop a larger dining establishment within a new mixed-use development project that is currently under construction on Purdy Avenue. The property owner has indicated that the 75 off-street parking spaces provided in the development project can accommodate all operational parking for all uses within the new building, including the restaurant space and does not anticipate needing to utilize any parking spaces in the Sunset Harbour Parking Garage (G10).
The property owner has also provided a parking demand analysis (attached), which appears to indicate that surplus parking is available in the Sunset Harbour Parking Garage (G10). The Parking Department is evaluating the demand analysis and will provide an update to the LUSC.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the proposal and provide a recommendation to the Planning Board. |
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| | | | | | | | Applicable Area
| | South 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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