2008-3602 OrdinanceAccessory Bars and Restaurants in RPS Districts
ORDINANCE NO. 2008-3602
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.
b) For purposes of this section, a car wash, filling station and any use that
sells gasoline, automobiles or automotive or related repair uses are
considered as industrial uses and are not permitted in the redevelopment
area.
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(c) For purposes of this section, pawnshops and dance halls and
entertainment establishments are not permitted as a main permitted or
accessory use south of Fifth Street; however, in the C-PS3 and C-PS4
districts dance halls and entertainment establishments shall be permitted
as an accessory use within a hotel of 250 rooms or more with access to
the dance hall or entertainment establishment only from the interior lobby
and not from the street.
_{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
one (1) seat 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 150% of the number of hotel and/or apartment 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
uses in operation may maintain accessory restaurants or bars.
(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.
(e f) 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, those projects that have received approval by the
effective date of this ordinance shall be fully vested, including their rights to any
extensions of time that may be needed for obtaining full building permits based
upon the plans originally submitted and approved.
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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.
PASSED AND ADOPTED this 12th day of March , 2008.
S
AT EST: Saul Gross
~~ ~ (~./L C~ Vice-Mayor
ITY CLERK Robert Parcher APP OVED AS TO FORM
& LA GUA~& FOR EXECUTION
First Reading: F
Second Reading:
Verified by: _,~
13,
12
Wing Director
new language
Date
F:\attolHELGlOrdinanceslAccessory Uses1RPS accessory use-CC 2nd rdg 3-12-08 FINAL.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance proposing an 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.
Intenaea outcome 5u
~ Increase satisfaction with neighborhood character; quality of life ~
Supporting Data (Surveys, Environmental Scan, etc Nightclubs was ranked No. 5 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 aummaryrrcecommenaaiivn:
SECOND READING 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 exceed 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 City Commission modified the ordinance on first
reading by clarifying that the occupant load referred to in the ordinance is one pertaining to zoning
restrictions and not the occupant load that is determined by the Chief Fire Marshall; and by capping the
number of seats that would be allowed, even with Conditional Use approval, by no more than twice the
number of seats and patron occupant load permitted by the proposed regulations.
The Administration recommends that the City Commission adopt the proposed ordinance as modified by
the City Commission.
Advisory Board Recommendation:
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 proposed Ordinance is not expected to have any 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._ _ _ _ _ _
AGENDA ITEM ~~`-~
,~ NI I AM I B EAC H DATE ~- -a
m MIAMIBEACH
City of Miami Beath, 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: March 12, 2008
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 IN THE 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 as
modified on first reading.
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
March 12, 2008
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.
Division 6, Section 142-1361 of the City Code defines Neighborhood Impact Establishments
as:
(1) An alcoholic beverage establishment or restaurant, not also operating as an
entertainment establishment or dance hall (as defined in section 114-1 ), with an
occupant content of 300 or more persons as determined by the chief fire marshal; or
(2) An alcoholic beverage establishment or restaurant, which is also operating as an
entertainment establishment or dance hall (as defined in section 114-1 ), with an
occupant content of 200 or more persons as determined by the chief fire marshal.
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.
City Commission Memorandum
Accessory bars and restaurants in RPS
March 72. 2005
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 artmenUhotel
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
accessary 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.
Accessory _ 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.
City Commission Memorandum
Accessory bars and restaurants in RPS
March 12, 2008
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
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.
Staff believes that this amended proposal is simpler with straightforward 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 for the Planning Board to
review and approval subject to conditions, including remaining 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:
The Board recommended approval of the ordinance by a vote of 6-0 (one member absent).
Chapter 118 Article IV of the Land Development Regulations of the City Code.
City Commission Memorandum
Accessory bars and restaurants in RPS
March 72, 2008 Page 5
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 ACTION
At the February 13, 2008 meeting, the City Commission approved the proposed ordinance
on first reading with some modification. The Commission requested that the patron
occupant load be determined by the Planning Director or designee, relating to a zoning
restriction, as opposed to the occupant load that is determined by the Chief Fire Marshall.
The other modification requested by the Commission limits the maximum number of seats
that could be obtained through the Conditional Use process to no more than twice the
number of seats or patron occupant load as could be determined by the Planning Director.
For example a hotel with 100 units, under the proposed regulations, could be permitted to
have an aggregate amount of 100 restaurant/bar seats for the entire site. However, even
with a Conditional Use approval, the number of seats could not to exceed 200.
It should be noted that Section 142-1301 requires that accessory use restaurants and bars
to a main hotel use must have a minimum of 40 seats to be able to sell alcoholic beverages.
What this means is that a small hotel, one with less than 20 hotel units, will not be able to
sell alcoholic beverages in an accessory restaurant within the hotel premise.
The modifications made by the City Commission have been incorporated into the proposed
ordinance and is denoted by a double underline.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance as
modified on first reading.
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 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.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance by an affirmative five-sevenths vote.
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and
public hearings will be held by the Mayor and City Com-
mission of the City of Miami Beach, Florida, in the Com-
mission Chambers, 3rd floor, City Ha11,1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday,
March 12, 2008 at 5:01 p.m., to consider An Ordi-
nance 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.
Inquiries may be directed to the Planning Department at
(305) 673-7550.
INTERESTED PARTIES are invited to appear at this mee-
ting, or be represented by an agent, or to express their
views in writing addressed to the City Commission, c/o
the City Clerk, 1700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139: Copies of these
ordinances are available for public inspection during
normal business hours in the City Clerk's Office, 1700
Convention Center Drive, 1st Floor, City Hall, and Miami
Beach, Florida 33139. This meeting may be continued
and under such circumstances additional legal notice
would not be provided.
Robert E. Parcher, 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 tes-
timony 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 or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by
law.
To request this material in accessible format, sign language inter-
preters, information on access for persons with disabilities, and/
or any accommodation to review any document or participate in
any city-sponsored proceeding, please contact (305) 604-2489
(voice), (305)673-7218(TTY) five days in advance to initiate your
request. TTY users may also call 711 (Florida Relay Service).
Ad #479
m MIAMIBEACH