Ordinance 2023-4545 Sunset Harbour Outdoor Restaurant Seating Amendment
ORDINANCE NO. 2023-4545
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS,"
BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," BY AMENDING SECTION 142-310, ENTITLED
"SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS," TO ALLOW ADDITIONAL OUTDOOR SEATING FOR
RESTAURANTS THAT FRONT ALTON ROAD AND ARE LOCATED SOUTH
OF 18TH STREET, SUBJECT TO SPECIFIC CRITERIA; AND PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the Sunset Harbour neighborhood is composed of a mixture of residential,
light industrial, and low intensity service, restaurants and retail uses; and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the scale and character of the neighborhood; and
WHEREAS,the City has reviewed the condition of CD-2 properties in the Sunset Harbour
neighborhood that front Alton Road, including existing restaurant establishments; and
WHEREAS, Sunset Harbour has unique cultural, retail, and dining experiences that are
vital to Miami Beach's local economy; however,the City Commission desires to attract new, high-
quality restauranteurs to the east side of the neighborhood, along Alton Road; and
WHEREAS, the City, with input from residents and businesses, has determined that the
restrictions on outdoor dining that apply generally to the Sunset Harbour neighborhood are not
applicable to the limited number of properties that front Alton Road, south of 18th Street; and
WHEREAS, the amendments set forth below provide additional seating capacity and
extended hours of operation for restaurants in the subject area; and
WHEREAS,the amendments set forth below are necessary to accomplish the objectives
above.
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 5, "CD-2 Commercial, Medium Intensity District," is hereby amended as follows:
1
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-310. Special regulations for alcoholic beverage establishments.
* * *
(b) Sunset Harbour neighborhood. The following additional requirements shall apply to
alcoholic beverage 'establishments, whether as a main use, conditional use, or
accessory use, that are located in the Sunset Harbour neighborhood, which is generally
bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton
Road to the east, and Dade Boulevard to the south.
(1) Operations shall cease no later than 2:00 a.m., except that outdoor operations
(including sidewalk cafe operations) shall cease no later than 12:00 a.m.
(2) Alcoholic beverage establishments may not operate any outside dining areas or
accessory bar counters above the ground floor of the building in which they are
located; however, outdoor restaurant seating, associated with indoor venues, not
exceeding 40 seats, may be permitted above the ground floor until 8:00 p.m.
Notwithstanding the foregoing, the provisions of this subsection (b)(2) shall not
apply to the following:
a. As it pertains to outside dining areas only, but not outdoor bar counters(which
are prohibited), restaurants that front Alton Road and are located south of 18th
Street, provided the total number of outdoor dining seats located above the
ground floor, which must be associated with an indoor restaurant, shall not
exceed 100 seats. Additionally, the combined total number of seats within the
outdoor and indoor portions of restaurants above the ground floor shall not
exceed 240 seats.
b. Aany valid, pre-existing permitted use with a valid business tax receipt (BTR)
for an alcoholic beverage establishment that was issued prior to August 23, 2016,
or to a proposed establishment that has submitted a completed application for
an alcoholic beverage establishment to a land use board prior to August 23,
2016, or to an establishment that has obtained approval for an alcoholic
beverage establishment from a land use board, and which land use board order
is active and has not expired, prior to August 23, 2016.
(3) Except as may be required by any applicable fire prevention code or building
code, outdoor speakers shall not be permitted. Notwithstanding the foregoing.
the provisions of this subsection (b)(3) shall not apply to any valid, pre-existing
permitted use with a valid business tax receipt (BTR) for an alcoholic beverage
establishment that was issued prior to August 23, 2016, or to a proposed
2
establishment that has submitted a completed application for an alcoholic
beverage establishment to a land use board prior to August 23, 2016, or to an
establishment that has obtained approval for an alcoholic beverage
establishment from a land use board, and which land use board order is active
and has not expired, prior to August 23, 2016.
(4) Special events shall not be permitted in any alcoholic beverage establishment.
SECTION 2. 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 Miami
Beach City Code. 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect 10 days after passage
PASSED AND ADOPTED 4pri 1 18' 202 .
ATTEST:
MAY 0 2 Z023 Dan Gelber, Mayor
R-fael . GIranado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
Underline denotes additions
Strike-through denotes deletions
City Attorney ok Date
First Reading: g March 27, 2023 ;1;.'Egcy
Second Readin Aril 28 202 ,
�s
Verified by: L4:::,r111,[OilP OPATED'
Thomas R. Mooney, AICP . 4 ., : y
Planning Director Li„c,F 26
T:Wgenda\2023\2-March 2023\Planning\Sunset Harbour Perimeter Restaurants-First Reading ORD.docx
3
•
Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 28, 2023 •
10:20 a.m. Second Reading Public Hearing
SUBJECT:SUNSET HARBOUR OUTDOOR RESTAURANT SEATING AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11,•
ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," BYAMENDING SECTION
142-310, ENTITLED "SPECIAL REGULATIONS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS," TO ALLOW ADDITIONAL OUTDOOR
SEATING FOR RESTAURANTS THAT FRONT AL TON ROAD AND ARE
LOCATED SOUTH OF 18TH STREET, SUBJECT TO SPECIFIC CRITERIA;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND '
, AN EFFECTIVE.DATE.
RECOMMENDATION
• The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On September 14, 2022, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item (C4 Y) pertaining to outdoor restaurant seating above the ground
floor in the Sunset Harbour neighborhood to the Land Use and Sustainability Committee
(LUSC). On October 28, 2022, the LUSC discussed a proposed ordinance amendment and
recommended (by a vote of 2-1) that the City Commission refer the proposal to the.Planning
Board for review and recommendation.
On December 14, 2022, the City Commission discussed the proposed referral to the Planning
Board and continued the item to the February 1, 2023, City Commission meeting. Additionally,
the City Commission requested that the Ordinance proposer continue outreach and discussions
with the Sunset Harbour neighborhood. On February 1, 2023, the City Commission referred the
proposed ordinance amendment to the Planning Board (Item C4 D).
ANALYSIS
Attached is a proposed ordinance amendment that would allow for expanded outdoor restaurant
Page 456 of 991 •
seating above the ground floor, in a limited area of the Sunset Harbour neighborhood. Currently,
within the Sunset Harbour neighborhood, outdoor restaurant seating above the first level of any
building cannot exceed 40 seats and must cease operations no later than 8:00 pm.Additionally
outdoor speakers for recorded, background level music is prohibited.
The proposal herein would amend Sec. 142-310 of the Land Development Regulations of the
City Code (LDRs)for properties in the Sunset Harbour neighborhood that front Alton Road and
are located south of 18th Street, as follows:
• Additional above ground outdoor seating would be permitted, provided the total number of
outdoor dining seats associated with the indoor restaurant above the ground floor does not
exceed 100 seats.
• The total number of combined seats within the outdoor and indoor portions'of restaurants
above the ground floor shall not exceed 240 seats.
•Above ground outdoor seating would be permissible past 8:00 pm, but no later than 12:00 am.
The Administration is supportive of the proposed revisions to the LDRs as the increase in the
number of outdoor seats for restaurant use is better suited for eligible properties, due to the
location adjacent to major thoroughfares (Alton Road and Dade Boulevard). The proposed
amendment will also foster a wider variety of active uses within a limited site that is challenged
by frontages on major roadways. Finally, the eligible properties are located at the southeast
corner of.the Sunset Harbour neighborhood,,and well away from residential buildings.
PLANNING BOARD REVIEW
On.February 28, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on March 27, 2023, with no changes.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No fiscal impact is anticipated.
CONCLUSION
The.Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a"Residents Right ' Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
,Page 457 of 991
Legislative Tracking
Planning
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
Page 458 of 991