2008-26735 ResoAccessory Bars and Restaurants in RPS Districts
Resolution No. 2008-26735
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
CODE OF THE CITY OF MIAMI BEACH, 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.
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 contain an express relationship
between the size of 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 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 January 16, 2008, to consider the proposed amendment to the
Land Development Regulations of the City Code.
PASSED AND ADOPTED this 16th
A EST:
ti~
CITY CLERK xobert Parcher
day of Janua y , 2008.
atti H. BowerMAYOR
APPROVED AS TO FORM
LA GUAGE FOR EXECUTION
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F:\PLAN\$PLB\draft ordinances\1842 -restaurants in hotels south of 5th St\RPS accessory use reso setting public
hearing.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution setting a public hearing to consider a proposed amendment to the Land Development
Regulations of the City Code amending Chapter 142, by restricting the size of accessory use bars and
restaurants in the RPS districts.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character; quality of life
Supporting Data (Surveys, Environmental Scan, etc Nightclubs was ranked No. 5 by businesses as
one of the main causes of nuisance noise or disturbances in the City of Miami Beach. Addressing noise is
ranked by residents as one of the changes that will make Miami Beach a better place to live.
Issue:
Should the City Commission adopt the proposed ordinance restricting the size of accessory bars and
restaurants in RPS districts.
Item Summary/Recommendation:
SET PUBLIC HEARING
This ordinance restricts the number of seats in accessory restaurants and bars which serve alcohol in the
RPS districts to one seat per hotel or apartment unit and a maximum patron occupant load to 150% of the
number of hotel and/or apartment units. Should an applicant wish to exceeds these limits, such applicant
may apply for additional seats or patron occupant load through the provision of the Conditional Use
Procedures in Chapter 118, Article IV, and subject to the review criteria listed in Section 142-1362 (a) of
the Land Development Regulations of the City Code.
The Administration recommends that the City Commission set a first reading public hearing for the
February 13, 2008 meeting.
Aav~sory esoara rcecommenaai~on:
At the November 27, 2007 meeting, the Planning Board voted 6-0 (one absent) to recommend to the City
Commission adoption of the proposed ordinance.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The ro osed Ordinance is not ex ected to have an fiscal im act u on the resources of the Ci
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
~ Department erector ~ ~ Assistant City Manager ~ City Manager ~
uary 16\Cdnse~}t\1842 -
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set public hearing sum.doc
AGENDA ITEM ~ 7~
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 16, 2008
SETTING OF PUBLIC HEARING
SUBJECT: Accessory Bars and Restaurants in RPS Districts
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 CODE OF THE CITY OF MIAMI BEACH,
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.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public hearing
for the February 13, 2008 meeting.
BACKGROUND
July 11, 2007: The City Commission referred to the Planning Board the issue of the size of
allowable accessory use bars and restaurants in the South Pointe area. The Commission
requested that the Planning Board review this matter and make a recommendation.
August 28, 2007: The Planning Board, after a lengthy discussion, continued this item and
requested that a Workshop on this matter be set for the September 25, 2007 meeting so
staff could prepare a more in-depth analysis looking at industry standards, impacts of
different land uses, seat/unit ratios, scenarios based on different formulas, etc. The Board
also directed staff to set up a community meeting with industry and community
representatives to further discuss the issue.
September 19, 2007: After a lengthy discussion during this community meeting where
industry, as well as community representatives were in attendance, there seemed to be
agreement on the following formula:
50 units or less - 30 seats plus one additional seat for every two units,
51 units or more, 30 seats plus one additional seat for every unit.
City Commission Memorandum
Accessory bars and restaurants in RPS
January 16, 2008 Page 2
Anything desired above the formula would be subject to the Conditional Use
process.
There was considerable discussion for and against this proposition, but ultimately, it seemed
to achieve consensus for both sides.
September 25, 2007: The Planning Board held a workshop after which staff was directed to
amend the proposed ordinance to include a ratio for the entire property, conditional use
criteria, and applicability criteria and to bring back to the Board the proposed amended
ordinance at the November meeting.
ANALYSIS
The referral from the City Commission seeks to 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.
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.
Notwithstanding, the current regulations do not have a provision to relate the size of the
accessory use restaurant or bar to the size of the main use. The proposed ordinance would
establish this kind of relationship by restricting the size of the accessory venues to the size
of the hotel or apartment. Staff believes that this proposed ordinance meets the intent of the
referral while at the same time allows for these accessory uses to be of a size the makes for
a more feasible operation of these accessory uses.
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
City Commission Memorandum
Accessory bars and restaurants in RPS
January 16, 2008 Page 3
General Use R-PS R-PS C-PS RM-PS1
Cate o 1, 2 3, 4 1, 2, 3, 4
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
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
Floor area in the RM-PS1 district refers to total floor area in project. Commercial uses in RM-PS1
limited to stores and restaurants.
The original proposed ordinance restricted the number of seats for accessory restaurants
and bars to a base of 30 seats plus one additional seat per two hotel or apartment units.
The proposal also established a maximum occupant load for the entire site, but also allowed
an application to increase the number of seats to a minimum of 60 seats for purposes of
obtaining a full liquor license, if the formula did not achieve this number. See the original
language below:
In the R-PS1. 2. 3 and 4 districts, the number of seats for accessory restaurants or
bars shall be limited to a maximum of 30 seats plus 1 seat per two hotel or
apartment units. The occupant load for all of the accessory restaurants and bars on
the entire site shall not exceed 150% of the maximum number of seats as
determined by the criteria in this subsection (d). An applicant that because of the
number of hotel or apartment units cannot achieve an accessory bar or restaurant
with a minimum of 60 seats to qualify for a full liquor license may apply for approval
City Commission Memorandum
Accessory bars and restaurants in RPS
January 16, 2008
Page 4
of such bar or restaurant through the provision of the Conditional Use Procedures in
Chapter 118, Article IV of the Land Development Regulations of the City Code.
Following the direction of the Planning Board after the discussion during the workshop
meeting on September 25, 2007, the new language sets a standard of one seat per hotel or
apartment unit and if additional seats are desired, an application for Conditional Use
approval must be made and reviewed using the same supplemental review guidelines
criteria for outdoor, open air or neighborhood impact establishments. See the new text
below:
In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants or
bars shall be limited to a maximum of one (1) seat per hotel or apartment unit for the
entire site. An applicant may apply for additional seats in excess of the number of
seats as determined in this subsection (d) through the provision of the Conditional
Use Procedures in Chapter 118, Article IV, and subiect to the review criteria listed in
Section 142-1362 (a) of the Land Development Regulations of the City Code.
Staff believes that this amended proposal is simpler and more understandable language that
leaves very little to interpretation and easier to regulate. It provides an opportunity for an
applicant to increase the number of seats when desired and forthe Planning Board to review
and condition an approval that usually remains under the jurisdiction of the Board. In
addition, by using the criteria mentioned above, the Board has the opportunity to review the
business plan, hours of operation, and other criteria that is pertinent and site specific, and
based on the review, can impose conditions that would help ameliorate any adverse impact
the increased size may have on the neighborhood.
PLANNING BOARD ACTION
At the November 27, 2007 meeting, the Planning Board reviewed and discussed the
ordinances, and made some modifications, as shown in the bolded text below:
In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants or
bars which serve alcohol shall be limited to a maximum of one (1) seat per hotel or
apartment unit for the entire site. The patron occupant load for all accessory
restaurants and bars which serve alcohol on the entire site shall not exceed
150% of the number of hotel and/or aaartment units. An applicant may apply for
additional seats or patron occupant load in excess of the numbers as determined in
this subsection (d) through the provision of the Conditional Use Procedures in
Chapter 118, Article IV, and subiect to the review criteria listed in Section 142-1362
(a) of the Land Development Regulations of the City Code.
The Board recommended approval of the ordinance by a vote of 6-0 (one member absent).
FISCAL IMPACT
The proposed Ordinance is not expected to have any significant fiscal impact upon the
resources of the City. However, some loss of revenue from licensing and other fees will
result from restricted size venues that do not avail themselves of the public hearing process
to increase their size.
City Commission Memorandum
Accessory bars and restaurants in RPS
January 16, 2008 Page 5
CONCLUSION
The Administration recommends that the City Commission set a first reading public hearing
for the February 13, 2008 meeting.
Pursuant to Section 118-164(3), when a request to amend the Land Development
Regulations changes the actual list of permitted, conditional or prohibited uses in a zoning
category, regardless of the acreage of the area affected, 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. 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 beheld 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.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance by an affirmative five-sevenths vote.
JMG/TH/JGG/ML
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