| | | | | | | |  | Ordinances - R5 V
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Alina T. Hudak, City Manager | | DATE: | October 18, 2023 | | | First Reading
| SUBJECT: | SUNSET HARBOUR RESTAURANT SEATING AND PARKING REQUIREMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," SECTION 7.2.11, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SUBSECTION 7.2.11.2 "USES (CD-2), "SUBSECTION B, "SUPPLEMENTAL CONDITIONAL USES REGULATIONS (CD-2)," TO AMEND LAND DEVELOPMENT REGULATIONS APPLICABLE TO RESTAURANTS IN THE SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY AVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD; AND AMENDING CHAPTER 5, "OFF-STREET PARKING," ARTICLE II, "VEHICLE PARKING, BICYCLE PARKING AND OFF-STREET LOADING REQUIREMENTS," SECTION 5.2.4, "VEHICLE OFF-STREET PARKING REQUIREMENTS," TO MODIFY PARKING REQUIREMENTS FOR THE TIER 2 AREA A PARKING DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for December 13, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| On June 28, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board (C4 Q). On July 19, 2023, the LUSC discussed the item and transmitted a favorable recommendation to the Planning Board and City Commission. |
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| | | | | | | | ANALYSIS
| Currently, conditional use permit (CUP) approval 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 Resiliency Code 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. At the request of the item sponsor, the proposed ordinance was adjusted prior to Planning Board consideration to reduce this parking requirement to one (1) parking space for every eight (8) seats, for establishments not exceeding 199 seats. For those establishments exceeding 199 seats, there would be a parking requirement of 1 space for every 4 seats, as well as 1 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).
PLANNING BOARD REVIEW
On September 26, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board also recommended that the revised parking requirement of 1 space for every 8 seats be applicable to restaurants with more than 199 seats.
The Administration has no objection to the recommendation of the Planning Board, which is consistent with the recommendation of the LUSC. If included as part of an approval at First Reading, the ordinance can be amended to reflect this recommendation for Second Reading.
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| | | | | | | | SUPPORTING SURVEY DATA
| Expand Restaurant Options in Sunset Harbor |
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| | | | | | | | FINANCIAL INFORMATION
| No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for December 13, 2023. |
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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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| | | | | | | | Legislative Tracking Planning |
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| | | | | | | | Sponsor Commissioner Laura Dominguez |
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