2009-27083 ResoRESOLUTION NO. 2009-27083
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER A PROPOSED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS OF 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,"
AMENDING SECTION 142-693 "PERMITTED USES," BY
RESTRICTING OR PROHIBITING COMMERCIAL ROOFTOP VENUES
SOUTH OF 5T" STREET.
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 City Commission is concerned about the proliferation of unwanted land
use conflicts between residents and commercial establishments in the area south of 5th Street;
and
WHEREAS, the noise that emanates from rooftops may be the source of the noise
pollution and is one of the major influences in the diminishing quality of life of residents in that
area of the City; and
WHEREAS, the residents of the area known as the "PS Performance Standards
District," have petitioned the City Commission to take affirmative action in restoring their quality
of life.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public hearing
shall be held on July 15, 2009 to consider the proposed amendment to the Land Development
Regulations of the City Code.
PASSED AND ADOPTED this 3rd day of June , 2009.
AT EST: A OR
~G~/~~~ Matti Herrera:=Bower
CITY CLERK APPROVED AS
Robert Parcher T , ORM & LANGUAGE
' & FOR EXECUTION
tt ey~ Da e
F:\PLAN\$PLB\draft ordinances\1923 -rooftop venues south of 5th\Reso setting public hearing.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public
Hearing To Consider the Restriction Or Prohibition of Commercial Rooftop Venues South Of 5th Street.
Key Intended Outcome Supported:
Satisfaction with neighborhood character and quality of life
Supporting Data (Surveys, Environmental Scan, etc
Satisfaction with neighborhood character and quality of life
Issue:
Should the City Commission set the first reading public hearing to consider the restriction or prohibition of
rooftop venues south of 5th Street ?
Item Summa /Recommendation:
SETTING OF THE PUBLIC HEARING
The subject resolution would set the first reading public hearing for the proposed ordinance for the July 15,
2009 meeting.
The proposed ordinance would prohibit alcoholic beverage establishments, or restaurants, to be licensed
as a main permitted or accessory use in any open area above the ground floor (any area that is not
included in the FAR calculations) located south of 5th Street, except GU, Government Use properties. The
presence of large numbers of patrons at outdoor venues during late hours can cause negative noise
impacts on nearby neighbors. The proposed ordinance would limit rooftop outdoor alcoholic beverage
establishments south of Fifth Street, and should help to reduce land use conflicts between residents and
commercial establishments.
The Administration recommends that the City Commission set the first reading public hearing for the July
15, 2009 meetin .
Advisory Board Recommendation:
At the April 21, 2009 meeting the Planning Board by a vote of 5-0 (two members absent) recommended
adoption of the proposed ordinance.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the
long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative
action and determined that the proposed Ordinance may slightly affect the fees collected via Business
Tax Receipt as the ordinance will prohibit the use of any open area above the ground floor (any area that
is not included in the FAR calculations south of 5th Street.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Sian-Offs:
~ ~ Department Director ~ assistant City Manager ~ .-.City Manage, ~
- rooftop venues south of 5th St sum.doc
,~ /~ ~ ~ ~~~ u AGENDA ITEM G7F
~ ~ ~/ ~ n iATE
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 Cit Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 3, 2009
SUBJECT: SETTING OF THE PUBLIC HEARING
Commercial Rooftop Venues South of 5th Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AiVD REGULATIONS," ARTICLE II "DISTRICT
REGULATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693 "PERMITTED USES," BY RESTRICTING OR
PROHIBITING COMMERCIAL ROOFTOP VENUES SOUTH OF 5T" STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public hearing
for the July 15, 2009 meeting.
BACKGROUND
At the January 28, 2009 meeting, the City Commission referred to the Planning Board for its
consideration and recommendation, an ordinance that either bans rooftop venues south of
5th Street, or bans rooftop venues from at least 8 p.m. until 8 a.m.
ANALYSIS
The area south of Fifth Street consists of a number of different residential and commercial
zoning districts. Restaurants, bars, and lounges are permitted as stand-alone main
permitted uses in all the commercial districts (CPS-1, 2, 3 and 4). They are prohibited in the
residential districts (RPS-1, 2, 3, and 4) except with certain limitations as accessory to hotel
uses in the RPS-3 and RPS-4 districts.
It should be noted that areas south of 5th Street that are zoned GU, "Government Use," are
governed by the development regulations contained in Section 142-425 of the City Code
which partially states that in the GU government use district the regulations are the average
of the requirements contained in the surrounding zoning districts as determined by the
Planning Director, and must be approved by the City Commission. There are several areas
south of 5th Street that are zoned GU and currently have licensed alcoholic beverage
establishments that could potentially be affected by the proposed ordinance; i.e. South
Pointe Park, where Smith and Wollensky is located. This location is adjacent to R-PS4 and
City Commission Memorandum
Rooftop Venues
June 3, 2009 Page 2
C-PS3. The Marina, facing Government Cut, where Monty's is located is adjacent to C-PS4;
and Penrod's on Ocean Drive, is adjacent to R-PS4. The map attached to the last page of
this report demonstrates graphically the zoning districts south of 5~' Street and which of
those are affected, or potentially affected by the proposed ordinance.
The Code defines outdoor food and beverage uses as "outdoor cafes", but makes no
regulatory distinction between indoor and outdoor seating areas. Rather, the regulatory
focus on outdoor venues has been through the regulation of "accessory outdoor bar
counters", which are defined as the actual bar counter at or behind which alcoholic
beverages are prepared and/or served. Accessory outdoor bar counters are permitted in the
commercial districts south of Fifth Street, but only until midnight, or until 8:00 p.m. if the
property is next to a residential unit. They are also permitted in oceanfront hotels with at
least 100 hotel units in the R-PS4 district subject to the same limitation on hours of
operation. In either case they may not be visible from the right of way. Variances to waive
the restrictive hours for outdoor bar counters have in the past been applied for and in some
cases approved by the Board of Adjustment.
Regulating only the "bar counter" leaves the problem of outdoor alcoholic beverage
establishments that are served from enclosed areas, thereby avoiding the restrictions on
outdoor bar counters. It is clear from the pattern of neighborhood complaints that the sheer
presence of large numbers of patrons at outdoor venues during late hours can cause
negative noise impacts on nearby neighbors, whether or not the actual bar counter is
outdoors or enclosed.
A limitation on rooftop outdoor alcoholic beverage establishments south of Fifth Street could
help to control the proliferation of unwanted land use conflicts between residents and
commercial establishments. This type of regulation could be in the form of outright
prohibition, or perhaps on a limitation on hours similar to those currently in place for outdoor
bar counters.
LAND USE AND DEVELOPMENT COMMITTEE
The Land Use and Development Committee reviewed the proposed ordinance at its January
12, 2009 meeting and recommended the referral to the Planning Board for its input and
recommendation.
PLANNING BOARD ACTION
At the April 21, 2009 meeting the Planning Board recommended that the City Commission
adopt the proposed ordinance by a vote of 5-0 (two members absent).
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions,"
this shall confirm that the City Administration evaluated the long term economic impact (at
least 5 years) of this proposed legislative action and determined that the proposed
Ordinance may slightly affect the potential fees collected via Business Tax Receipt as the
ordinance will prohibit the use of any open area above the ground floor (any area that is not
included in the FAR calculations) south of 5~' Street.
City Commission Memorandum
Rooftop Venues
June 3, 2009 Page 3
CONCLUSION
The Administration recommends that the City Commission set a first reading public hearing
for the July 15, 2009 meeting.
Pursuant to Section 118-164(2) of the City Code, (2) when the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning category,
the City Commission shall hold two advertised public hearings on the proposed ordinance.
At least one hearing shall be held after 5:00 p.m. on a weekday. The first public hearing
shall be held at least seven days after the day that the first advertisement is published. The
second public hearing shall be held at least ten days after the first hearing and shall be
advertised at least five days prior to the public hearing.
The required advertisements shall be no less than two columns wide by ten inches long in a
standard size or tabloid size newspaper, and the headline in the advertisement shall be in a
type no smaller than 18 point. The advertisement shall be placed in a newspaper of general
paid circulation in the city and of general interest and readership in the city, not one of limited
subject matter.
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.
T:WGENDA~2009Wune 3\Consent\1923 -use of rooftops south of 5th memo.doc
City Commission Memorandum
Rooftop Venues
June 3, 2009
Page 4
Zonina map showina areas affected by the proposed ordinance
M:i M~
including parks and schools (GU)
GU
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GU
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GU
® Areas affected by the proposed ordinance
GU properties with alcoholic beverage establishments
potentially affected by the proposed ordinance
Q Areas that do not allow alcoholic beverage establishments