2009-3631 OrdinanceAccessory Bars and Restaurants in RPS Districts
ORDINANCE NO.
2009-3631
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 18, "PS PERFORMANCE STANDARD
DISTRICT," SECTION 142-693 "PERMITTED USES", BY
RESTRICTING THE SIZE OF BARS AND RESTAURANTS AS
ACCESSORY USE TO A MAIN PERMITTED USE IN THE R-PS1, R-
PS2, R-PS3 AND R-PS4 ZONING DISTRICTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach Land Development Regulations contain
regulations that permit restaurants and bars as an accessory use to hotels and
apartment buildings; and
WHEREAS, the size of restaurants or bars that are accessory to a main
permitted use should be in proportion to the size of that main permitted use; and
WHEREAS, the current regulations do not create a relationship between the size
to a hotel or apartment in terms of units, and the size of the accessory restaurant in
terms of number of seats; and
WHEREAS, it is in the best interest of the city and the general health, safety and
welfare of its residents to control the size of accessory restaurants in direct proportion to
the main use.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 18, "PS Performance Standard District," is hereby amended to
read as follows:
Sec. 142-693. Permitted uses.
(d) In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants
or bars that serve alcohol shall be limited to a maximum of erne-(~~ 1.25 seats per
hotel or apartment unit for the entire site. The patron occupant load, as
determined by the Planning Director or designee, for all accessory restaurants
and bars that serve alcohol on the entire site shall not exceed ~°~6 1.5 persons
g_er hotel and/or apartment unite. For a hotel or apartment
property of twenty (20) units or more, but less than thirty two (32) units, the
restaurant or bar may have a maximum of forty (40) seats in the aggregate on
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the site The number of units shall be those that result after anv renovation. Are
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(d e) Commercial and noncommercial parking lots and garages shall be considered as
a conditional use in the R-PS1, 2, 3 and 4 districts.
(efl Video game arcades shall be considered as a conditional use in the C-PS1, C-
PS2, C-PS3, and C-PS4 districts.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. APPLICABILITY.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, for purposes of this
ordinance only, those projects that have received approval (land use board approval,
building permit, or license) as of the effec#ive date of this ordinance shall be entitled to
apply for any extensions of time that may have been permitted at the time of such
approval based upon the plans approved, and shall be treated for purposes of
consistency with this ordinance, as conforming uses and structures for purposes of
Chapter 118, Article IX, "Non-conformances" for as long as the licenses are maintained.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
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2009-3631
PASSED AND ADOPTED this 18th day of.
A ST:
~~Z~
CITY CLERK Robert Parcher
First Reading: 02/2 /09
Second Reading: (3/18/09
Verified by:
Gon~'ez~(ICP
ing Director
Underscore denotes new language
C+riLvarrtcccrtrvv~ denotes deleted language
March , 2009.
Matti Her era Bower, MAYOR
APP D AS TO FORM
GUA & ~ EXECUTION
.~°°.
2 1Y vq
~~.. _,
ttorney Date
F:\PLAN\$PLB\draft ordinances\1910 - RPS accessory use-part 2\maximum number of seats ord.doc
3 of 3
COMMISSION ITEM SUMMARY
~_nniioncorl Titltt•
An Ordinance proposing an amendment to Section 142-693 of the Land Development Regulations of the
City Code restricting the size of bars and restaurants as accessory use to a main permitted use in the R-
PS1, R-PS2, R-PS3 and R-PS4 zoning districts in proportion to the number of hotel/apartment units
throu h administrative a royal.
rce Intenaea outcome au or<ea:
Satisfaction with quality of life.
Supporting Data (Surveys, Environmental Scan, etc
Quality of life in the City is rated highly, the City is seen as an `excellent' or'good' place to live, work, play
or visit (and the majority feel it's getting better) and over'/'s of residents would recommend it to others as
a place to live.
Issue
Should the City Commission adopt the proposed ordinance restricting the size of bars and restaurants as
accessory use to a main permitted use in the R-PS1, R-PS2, R-PS3 and R-PS4 zoning districts in
proportion to the number of hotel/apartment units without conditional use approval?
Item Summary/Recommenaation:
SECOND READING PUBLIC HEARING
The proposed ordinance restricts the number of seats for accessory restaurants and bars to 1.25 seats per
hotel or apartment unit for the entire site, and the patron occupant load to 1.5 persons per hotel or
apartment unit. It also permits a hotel or apartment property with 20 units or more but less than 32 units, to
have a restaurant or bar with a maximum of 40 seats in the aggregate for the entire site. The approvals for
these restaurants or bars would be administrative for a Business Tax Receipt and would not require
Conditional Use approval as in the current regulations.
The Administration recommends that the City Commission adopt the ordinance as originally referred to the
Planning Board.
~avisory rsoara rcecommenaazion:
At the September 22, 2008 meeting, the LUDC recommended in favor of the ordinance with a modification
that would allow the City Commission to waive the application requirement by a 5/7ths vote, provided such
waiver is only instituted one time per board per meeting.
At the January 27, 2009 meeting the Planning Board recommended adoption of the ordinance with
amendments to the original referral.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact upon the resources of the City.
However, a slight reduction in potential fees collected via Business Tax Receipt is anticipated as the
ordinance will reduce the size of the accesso restaurants in the sub'ect area.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
~ ,Departmen~Director ~ ~ Assistant City Manager ~ _ City Manager ` ~
910 - AccesstSry bars and rest in RPS sum.doc
~~~ ~ AGENDA ITEM ~ S~ O
~ DATE
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 18, 2009 Second Reading Public Hearing
SUBJECT: Accessory Bars and Restaurants in RPS Districts
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS", DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693 "PERMITTED
USES", BY RESTRICTING THE SIZE OF BARS AND RESTAURANTS AS
ACCESSORY USE TO A MAIN PERMITTED USE INTHE R-PS1, R-PS2, R-PS3
AND R-PS4 ZONING DISTRICTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
At the March 12, 2008 meeting, the City Commission adopted an ordinance that restricted
the number of seats for accessory restaurants or bars that serve alcohol in the R-PS1, 2, 3
and 4 districts. That regulation limited the number of seats to a maximum of one seat per
hotel or apartment unit for the entire site, and the patron occupant load for all accessory
restaurants and bars that serve alcohol on the entire site not to exceed 150 percent of the
number of hotel and/or apartment units. Through the Conditional Use process, an applicant
was able to apply for additional seats not to exceed twice the number of hotel or apartment
units.
At the November 17, 2008 meeting, the Land Use and Development Committee reviewed a
request to amend the above regulations, which after public discussion was referred to the
Planning Board via the City Commission meeting of December 10, 2008.
ANALYSIS
The referral from the City Commission seeks to further limit the number of seats in a
restaurant or bar that is accessory to a main permitted use such as hotels or apartments in
districts where these main uses are permitted.
City Commission Memorandum
Accessory Bars and Restaurants in RPS Districts
March 18, 2009 Page 2
As shown on the table below, neither hotels nor commercial uses are permitted in the R-PS1
and R-PS2; however, hotels and apartments are permitted in the R-PS3 and R-PS4, as well
as in all CPS districts. What is not permitted in any of the RPS districts is an outdoor bar
counter or neighborhood impact establishment except in hotels with more than 250 rooms in
the R-PS4. The prohibition of outdoor bar counters and neighborhood impact establishment
generally protects the neighborhood from intrusive collateral effects such as noise and litter.
Although the current regulations have a provision that relate the size of the accessory use
restaurant or bar to the size of the main use through the Conditional Use process, the City
Commission believes that these restrictions are not enough to protect the residential
neighborhoods from the adverse impact of large venues in the area. The proposed
ordinance would further reduce the number of seats permitted in an accessory use
restaurant or bar serving alcoholic beverages.
Section 142-693 of the City Code lists the permitted uses in the PS districts (those areas that
are generally south of 6th Street). The table below depicts in general terms what those main
permitted uses and accessory uses are.
General Use R-PS R-PS C-PS RM-PS1
Cate o 1, 2 3, 4 1, 2, 3, 4
Single-family; P P P P
townhome; Apartment/hotel
apartment; not permitted
a artment/hotel
Hotel N P P N
Commercial N N P P
8% of
floor area
Institutional C C C C
1.25% of
floor area
Accessory outdoor N However, P` N
bar counters, accessory outdoor
provided that the bar counters are
accessory outdoor permitted in
bar counter is not oceanfront hotels
operated or utilized with at least 100
between midnight hotel units in the
and 8:00 a.m.; R-PS4 district'
however, for an
accessory outdoor
bar counter which
is adjacent to a
property with an
apartment unit, the
accessory outdoor
bar counter may
not be operated or
utilized between
8:00 p.m. and 8:00
a.m.
Outdoor N N N N
entertainment
establishments
and open air
entertainment
establishments
City Commission Memorandum
Accessory Bars and Restaurants in RPS Districts
March 18, 2009
3
General Use
Cate o R-PS
1, 2 R-PS
3, 4 C-PS
1, 2, 3, 4 RM-PS1
Neighborhood N N C N
impact However, in the R-
establishments PS4 district, this
use is permitted,
as an accessory
use in oceanfront
hotels with 250 or
more hotel units,
as a Conditional
Use. Access to the
establishment shall
be only from the
interior lobby of the
hotel and not from
the street.
Accesso P* P* P* P*
P--Main permitted use; C--Conditional use; N--Not permitted
* -- Accessory use only
The proposed ordinance restricts the number of seats for accessory restaurants and bars to
1.25 seats per hotel or apartment unit for the entire site, and the patron occupant load to 1.5
persons per hotel or apartment unit. It also permits a hotel or apartment property with 20
units or more but less than 32 units, to have a restaurant or bar with a maximum of 40 seats
in the aggregate for the entire site. The approvals for these restaurants or bars would be
administrative for a Business Tax Receipt and would not require Conditional Use approval
as in the current regulations. The information below in a table format compares what is
currently in today's Code and what is being proposed in this new amendment to the City
Code:
Code Prior to 2008 Existing Code (amended
311 Z/08 by Ordinance No.
2008-3602
Proposed Ordinance
1.25 seats per unit No
Unlimited Accessory Conditional Use approval
use no more than 49% required. Exception: a
of main use area. 1 seat per unit up to 2 property with twenty (20)
# seats Neighborhood impact seats per unit with units or more, but less than
or entertainment Conditional Use approval thirty two (32) units, the
establishments south o restaurant or bar may have
5'h Street prohibited. a maximum of forty (40)
seats
1.5 persons per unit up to 1.5 persons per unit No
Occupant. Load As per Fire Marshall 2 persons per unit with Conditional Use approval
Conditional Use approval required.
The area affected by this regulation is shown in the map on the last page of this
memorandum.
PLANNING BOARD ACTION
At the January 27, 2009 meeting, the Planning Board recommended adoption of the
ordinance by a vote of 7-0. The Board requested that the ordinance provide for restoration
of contributing structures in a historic district such that if an existing contributing structure
City Commission Memorandum
Accessory Bars and Restaurants in RPS Districts
March 18, 2009 Page 4
that qualifies for the minimum number of seats but through a restoration that is consistent
with the U. S. Secretary of the Interior Standards as may be approved by the Historic
Preservation Board results in a reduction of no more than 15% of the number of units, the
structure shall still be eligible for the minimum of 40 seats.
CITY COMMISSION ACTION
At the February 25, 2009 meeting, the City Commission approved on first reading the
version of the ordinance recommended by the Administration, as originally referred to the
Planning Board.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact upon the resources of the
City. However, a slight reduction in potential fees collected via Business Tax Receipt is
anticipated as the ordinance will reduce the size of the accessory restaurants in the subject
area.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance as originally
referred to the Planning Board.
Pursuant to Section 118-164 of the City Code, when a request to amend the Land
Development Regulations does not change the actual list of permitted, conditional or
prohibited uses in a zoning category the proposed ordinance may be read by title or in full on
at least two separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment shall state
the date, time and place of the meeting; the title of the proposed ordinance; and the place or
places within the city where such proposed ordinances may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the city
commission shall be necessary in order to enact any amendment to the Land Development
Regulations.
JMG/TH/JGG/ML
T:WGENDA\2009UWarch 18\Regular\1910 -Accessory bars and rest in RPS memo.doc
City Commission Memorandum
Accessory Bars and Restaurants in RPS Districts
March 18, 2009
Page 5
Affected Zoning Districts -RPS-3 and RPS-4
IV1 ~ ~1~1'1 ~ EAC H
.....,CITY OF MIAMI .BEACH
NOTICE OF PUB~.IC HEARINGS
. <.
=Ni,TICE IS HEREBY-given that second readings and public fiearings will.be held by
the 'Mayor'. and City Commission of the Ci#y of Miami Beach,. Florida; in the Commission
Chambers, 3~' .floor, City Hall, 1700 Convention, Center° Drive, Miami Beacta,:Floricfa, on
Wednesday, March 18; 2009, to consider the~foilowing:
~,.t0:15 a.m.
An Ordinance Amending The Land Development Regulations Of The Miami Beach City
Code, Chapter 118, "Admiriisti'ation And Review PraCedures",..Article II; "Boards," Division 1
"Generally," By Creating A New Section"'118-~2; "Application ,Requirement For Land~lise
Boards" To Require The Filing Of An Application .For Membership On Any Of The'--Four `'~
-Land Use'Boards Not Less Than Ten Days Before Appointment, Providing For Waiver By?he
City Commission.
,Inquiries may 'be directed to the Planning Department at (305) 673-755.
.10:20 a.m.
~ti Ordinance Amending The Code Of The City: Of Miami Beach; By :Amending
a,T.~ ..
~hapter 1 ~2, "Zoning Districts And Regulations," Article ll, "District Regulations", Division 18,
~~ Performance Standard Districf," Section 142-693"`°Permitted Uses", By `Restricting The
Size-0f:,Bars Arid "Restaurants. As Accessory Use To A-Main PaRnitted Use In The.R-PS1,
R-PSG, R 'PS3 And R-PS4 Zoning Districts.
Jrquiries maybe directed to the Planning Department.at (305);673-7550. ,
INTERESTED PARTIES are invited to appear at this meeting, or°be represented by,an '
..
:...agent., or to express their vievis in writing addressed to the City Ct~rnrnission; c% the
City Clerk, 17000onven$ion Ctenter,Drive, 1St Floor, City Hall; Miami Beach; ~Florida,~3139.
Copies of these ordinanpes are available fo.r public inspection during normaCbusiness hours
„in the City Clerk's Office, ;1700 ConventionCenter Drive., 1~ Floor, City-Hall, and Miami. Beach,
.Florida .33739. This/meeting may be continued and under such circumstances.ac~ditional
legal notice would not tie provided.
.,.:Robert E. Karcher, City-Clerk
,City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to .appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings is made, which record includes the #estimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission of otherwise inadmissible o~irrelevant .evidence, nor does it
atathorize challenges or appeals not otherwise allowed'by Vaw.
To request this material;: ire -accessible format, sign language interpreters,: ~rnforrnation on
access for persons with disabilities, and/ar 'any accommodation 'to review any document
or participate in any city-sponsored proceeding; -please contact (305) 604-2489 (voice), .
.(305) 673-7218(TfY) fine days in advance to nitiate`your request. TTY .users`. may also
call 711 (Florida Relay Service}. -
Ad #526 ~
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