Ordinance 2021-4415 Height Limits for Office Uses - Sunset Harbour Neighborhood
ORDINANCE NO. 2021-4415
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 5,
"CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,"
SECTION 142-306, "DEVELOPMENT REGULATIONS," TO
ALLOW FOR ADDITIONAL HEIGHT AND ESTABLISH
DEVELOPMENT CRITERIA FOR OFFICE DEVELOPMENTS
LOCATED IN THE SUNSET HARBOUR NEIGHBORHOOD; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbour neighborhood 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; and
WHEREAS, Sunset Harbour is a neighborhood that has successfully evolved from a primarily
industrial neighborhood into a vibrant mixed-use residential neighborhood that is characterized by its
unique combination of residential, commercial, and industrial uses;
WHEREAS, economic trends indicate that demand has increased for Class A office space
within the City as businesses relocate from other states to Miami Beach; and
WHEREAS, Class A office space tends to require higher floor-to-ceiling heights than other
classes of office space; and
WHEREAS, the development of Class A office space will promote the growth,
diversification, and resiliency of the City's economy; and
WHEREAS, the proposed changes are intended to serve as the initial implementation of
a broader Sunset Harbour neighborhood vision plan, creating updated development regulations
within the Sunset Harbour neighborhood to reflect current market conditions and the unique
identity of the neighborhood; and
WHEREAS, that certain block bounded by Dade Boulevard on the south, Purdy Avenue
on the west, 18th Street on the north, and Bay Road on the east in the Sunset Harbour
neighborhood is an appropriate and strategic location for Class A office space due to its
accessibility to the regional transportation network, and parking facilities; and
WHEREAS, the proposed changes are necessary in order to promote the development
of Class A office space within the City; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
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:
CHAPTER 142 ZONING DISTRICTS AND REGULATIONS
ARTICLE 11. - DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-306. Development regulations.
(a) The development regulations in the CD-2 commercial, medium intensity district are as follows:
Maximum Minimum Minimum Minimum Average Maximum
Floor Lot Area Lot Apartment Apartment Building
Area (Square Width Unit Size Unit Size Height
Ratio Feet) (Feet) (Square Feet) (Square Feet) (Feet)
New construction-550 50(except as provided in section
Rehabilitated buildings-400 142-1161).
Non-elderly and elderly low and Notwithstanding the above,the
moderate income housing-400 design review board or historic
Workforce housing-400 preservation board, in
Hotel unit: 15%:300-335; accordance with the applicable
85%:335+ review criteria, may allow up to
For contributing hotel structures an additional five feet of height,
located within the Collins Park not to exceed a maximum height
District,generally bounded by of 55 feet. In order to utilize the
the erosion control line on the New construction— additional height,the first floor
east,the east side of 800 shall provide at least 12 feet in
Washington Avenue on the Rehabilitated height,as measured from the
west,23rd Street on the north, buildings-550 base flood elevation plus
and 17th Street on the south, Non-elderly and maximum freeboard,to the top of
hotel units shall be a minimum elderly low and the second floor slab.Self-
of 200 square feet. moderate income storage warehouse-40 feet,
For contributing hotel housing-400 except that the building height
1.5 None None structures,located within an Workforce shall be limited to 25 feet within
individual historic site,a local housing-400 50 feet from the rear property line
historic district or a national Hotel units—N/A. for lots abutting an alley;and
register district,which are being The number of within 60 feet from a residential
renovated in accordance with units may not district for blocks with no alley.
the Secretary of the Interior exceed the Mixed-use and commercial
Standards and Guidelines for maximum density buildings that include structured
the Rehabilitation of Historic set forth in the parking for properties on the west
Structures as amended, comprehensive side of Alton Road from 6th
retaining the existing room plan. Street to Collins Canal-60 feet.
configuration shall be permitted, For developments in the Sunset
provided all rooms are a Harbour neighborhood that(i)
minimum of 200 square feet. consist solely of office use above
Additionally,existing room the ground level of the structure,
configurations for the above and(ii)are located on lots with a
described hotel structures may minimum lot size of 10,000
be modified to address square feet,and(iii)are located
applicable life-safety and within the area bounded by Dade
accessibility regulations, Boulevard on the south, Purdy
provided the 200 square feet Avenue on the west, 18th Street
minimum unit size is on the north,and Bay Road on
maintained,and provided the the east-65 feet,provided that a
maximum occupancy per hotel full building permit for a tower
room does not exceed 4 pursuant to this Section must be
persons. In addition,the issued no later than December
minimum hotel unit size for a 31,2022,and provided that
property formerly zoned HD is residential uses may be permitted
250 square feet, provided that on such properties up to a
the property does not exceed maximum FAR of 2.0 pursuant to
25,000 square feet as of March Section 142-307(d)(1), but only if
23,2019. Hotel units within the first 1.5 FAR of development
rooftop additions to contributing is dedicated to office use and
structures in a historic district ground floor commercial use.
and individually designated
historic buildings-200.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
are hereby repealed.
SECTION 3.CODIFICATION.
It is the intention of the City Commission,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, as amended;that
the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and
that the word "ordinance" may be changed to "section" or other appropriate word.
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 ten days following adoption.
PASSED and ADOPTED this /1 day of pia/ , 2021.
ATTEST:
51„....___I j ,°<2, 11„,,__.
/441 �( Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
First Reading: February 10, 2021 nU‘ c
Second Reading: May 12, 2021 r Z'/
x`11 ,
City Attorney L) Date ' >- ' , P y,,,
Verified by: / ;" k
ii;00P,110RATEn;
Thomas R. Mooney, AICP °.`i., ,iA
Planning Director '',,,�, ... = '.. �_-
cid'•'''
T:\Agenda\2021\7_May 12\Planning\5-12-21 Ordinances final vesion-Word document\Height Limits for Office Uses-Sunset
Harbour-ORD ADOPTED.docx
Ordinances- R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 12, 2021
1:55 p.m. Second Reading Public Hearing
SUBJECT: HEIGHT LIMITS FOR OFFICE USES - SUNSET HARBOUR
NEIGHBORHOOD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," SECTION 142-306, "DEVELOPMENT
REGULATIONS," TO ALLOW FOR ADDITIONAL HEIGHT AND ESTABLISH
DEVELOPMENT CRITERIA FOR OFFICE DEVELOPMENTS LOCATED IN
THE SUNSET HARBOUR NEIGHBORHOOD; 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 June 24, 2020, at the request of Mayor Dan Gelber, a discussion item pertaining to strategic
increases in height for office uses was referred to the Land Use and Sustainability Committee
(C4C). At the time of referral, Commissioner David Richardson became a co-sponsor. The
Land Use and Sustainability Committee (LUSC) discussed the proposal on July 21, 2020, and
continued the item to September 22, 2020,with the following general direction:
1. Provide additional information regarding existing office space inventory in the City and identify
the best locations to incentivize office space.
2. Further study the areas proposed for office height incentives and look at other commercial
areas.
3. Further study the minimum floor area benchmark for offices.
On September 22, 2020 the LUSC discussed the item and transmitted it to the full City
Commission, in accordance with the following:
1.A recommendation in favor of the proposed height increase for Terminal Island.
Page 358 of 859
2. No recommendation as to the areas fronting Alton Road from 5th Street to Collins Canal.
3. No recommendation as to Sunset Harbour.
The LUSC also recommended that the City Commission consider the following:
1. Requiring visual images and massing studies for all areas/future development subject to the
proposed height incentive, and not just the specific applicants seeking the change.
2. Potential quality of life and community/public benefits.
3. Sunset provision for the height incentive (i.e. deadline to obtain a building permit).
4. Requirements for neighborhood-serving uses or other activation at the first level of each
building.
5. The inclusion of specific areas within North Beach in the scope of the Ordinance.
On October 14, 2020, the City Commission considered the referral request (item C4G), and
took the following actions:
1. The Terminal Island and Alton Road portions of the legislation were referred to the Planning
Board.
2. The Sunset Harbour portion of the legislation, as well as additional discussion pertaining to
the potential inclusion of areas in North Beach, were continued to the November 18, 2020 City
Commission meeting, as an R9 discussion item.
3. The Administration was directed to come back with potential options regarding parking
requirements in the Sunset Harbour area that could potentially address the compatibility of
increased building height.
On November 18, 2020, the City Commission continued the item related to Sunset Harbour to
the December 9, 2020 meeting. On December 9, 2020, the City Commission discussed the
Sunset Harbour office height proposal, and referred an Ordinance pertaining to a building height
increase for a smaller area within the neighborhood to the Land Use and Sustainability
Committee and the Planning Board,for review and recommendation.
On December 15, 2020, the LUSC discussed the proposal, and recommended the following:
1. Further study an increase in the minimum lot size to be eligible for the office height incentive.
2. The Administration shall further study allowable height exceptions.
ANALYSIS
PLANNING ANALYSIS
Page 359 of 859
The attached draft Ordinance text was prepared by the representative of a property owner in the
Sunset Harbour area, who is seeking to develop a mixed-use project with an office component.
The draft Ordinance applies to developments located in the block within the Sunset Harbour
neighborhood bounded by Dade Boulevard on the south, Purdy Avenue on the west, 18th
Street on the north, and Bay Road on the east. Within this area, a height increase from 55 feet
to 65 feet may be permitted, provided the following benchmarks are met:
1. The development must consist solely of office use above the ground level of the structure,
except for allowable bonus floor area for residential or hotel uses. Residential and hotel uses
may be permitted on such properties up to a maximum FAR of 2.0 pursuant to Section 142-
307(d)(1), but only if the first 1.5 FAR of development is dedicated to office use and ground
floor commercial use.
2. The development must be located on lots with a minimum lot size of 10,000 square feet.
3. A full building permit for a tower pursuant to this Section must be issued no later than
December 31, 2022.
Pursuant to the direction of the LUSC on December 15, 2020, the threshold for eligibility has
been increased from a minimum lot size of 7,500 square feet to 10,000 square feet. As it
pertains to additional regulations for height exceptions, staff believes that this would be best
addressed as part of a broader set of overlay development regulations for the larger Sunset
Harbour area, which was recently endorsed by the LUSC and the Planning Board. This overlay
proposal includes, among other things, strategic height increases within defined geographic
areas and other more area specific development regulations.
The proposed Ordinance would allow a previously approved development to seek an additional
ten (10) feet of height, provided the development program is not significantly altered from the
approved plans. This would permit a developer to increase floor-to-ceiling heights of the office
floors to make them more economically viable. A visual study comparing the applicant's
proposed development with, and without, the additional ten (10) feet is attached for reference.
As shown in these illustrations, within the context of the larger block, the additional height is
modest and does not significantly alter the scale of the development.
PLANNING BOARD REVIEW
On January 26, 2021,the Planning Board held a public hearing and transmitted the ordinance to
the City Commission with a favorable recommendation by a vote of 6-0. Additionally, the
Planning Board made the following recommendations for the City Commission's consideration
regarding the proposed ordinance by a vote of 5-1:
1. Require a Conditional Use Permit (CUP) for a development to obtain the additional 10 feet
height for projects exceeding 15,000 square feet within the pilot area's boundaries; this would
not apply to projects that already have a CUP.
2. Incorporate regulations to activate the ground floor.
3. Incorporate regulations to enhance the streetscape.
UPDATE
Page 360 of 859
The subject Ordinance was approved at First Reading on February 10, 2021 and Second
Reading /Adoption was scheduled for April 21, 2021. On April 21, 2021 Second Reading of
the Ordinance was continued to May 12, 2021.
SUPPORTING SURVEY DATA
Regulation and management of new development
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
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber and Commissioner David Richardson
ATTACHMENTS:
Description
❑ Visual Illustration and Comparison
❑ Form Approved ORD •
Page 361 of 859
CROSS SECTION - NO HEIGHT CHANGE
-' I �_ - ELEVATOR OVERHEAD
- - rL —_ � - — - ---- 65-6'NGVD
I -
ROOF DECK
_ _ .... _iii
4 ROOF T.O.S. / i
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MINIMUM FOR CEILING.
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NEEDED CEIl1N D §
STRUCTURE AND
�EUILDINGSERNCES - 4 –
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EXISTING SOIL GRADE
EXISTING SOIL/GRADE 3.40'NGVD
STRUCTURAL HYDROSTATIC SLAB -
EXISTING
SIDEWALK
SCALE:1/1 6"=1'-0"
Page 362 of 859 Bermello Ajamil&Partners
CROSS SECTION - 10'-0" HEIGHT INCREASE
jelk CLEAR OYERHEAD @ ELE1±ATORf . ___ ..=--. .-• ._ _ _ _
IV 97'-8 1/4'NGVD
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lik POOL DECK T.O.F.F. /
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SERVICES
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SCALE:1/16"=1'-0"
Page 363 of 859 Berman°&Omit&Partners
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Planning Department,1710 Convention Center Drive Planning Department,17110 Convention Center Drive
Mimi Beach,Ronda 33139,www.mlamlbach0.gon Miami Beach,Florida 33139,www.mlemibeechll.gov
305.673.7550 305.673.7550
CD-2-ZONING DATA SHEET
Zantlglnframstlgl l Front tlaf Tower:
Front Setback Ip'•D'.t'per 1'above BAY AVE:29'-8"
50'bldg height"25'-0" PURDY ROAD:2T-0"
•
1 Address: 1759 PURDYAVENUEyMIAAII BEACH FLORIDA I37._�.—.-___— __,__.N/A-_--.ry
..... ...--._._---_..__.. SATS_ ._. __--_._...__----....--...._ Side Setback: PURDY AVE:20'46"-16% —7
2 Board and file numbers: PB17-0168 DRB17•Ds98 ,PURDY AVE:27'-0"
-..__. �..^..___ __._......__... OF TOTAL WITDH.
3 6"ISEE SHEET A-2-BC -(SEE SKEET A-2.BC
FOR ADDITIONAL FOR ADDITIONAL
02.3233.012-0550(1752 BAY RD Miami Beach,FL 33139-1423) • DIAGRAM INFORMATION)' DIAGRAM I
02-3233-012-0540(1759 PURDY AVE Miami Flesch,FL 33139.1423) BAY ROAD: INFORMATION)
02-3237-012-0530(1738 BAY RD Miami Bach,FL 33139-1414) 16'-6"-20'-6"16%0F BAY ROAD:
02-3233-012-0520(1747 PURDY AVE Miami Beach.FL 33139-1423) TOTAL WE70H FOR 6"(SEE ESHE"/A-2,BC" (SE
SHEET A-2.BC 'ESHEET A-2.BC FOR t
02-3233-012-0500(1743 PURDY AVE Miami Beach,FL 33139-1423) • ADDITIONAL DIAGRAM r ADDITIONAL DIAGRAM I
02-3233-012-0490(1724 BAY RD Miami Bach,FL 33139-1414) `;g INFORMATION) WA INFORMATION) ' 0
02-3233-012-0980 11733 PURDY AVE Miami Beach, FL 33139-1423) --_ —^•----^--- --••-
Folio number(sL•_— 02-3233-012-0510(81730 BAY RDeres
Mt Beam FL 33138-1410L_ ;It__Side Setback feting street: N/A —_ :N/A Hip T-----� 0
SSSS �.......—. _^
4 Year constructed: 1957 Zonl OisWct: CD•2 40 Rear Setback: I1'-3' N/A 16'-2" 0
r Based Flood Eleveton: .8'-0"NGVD Grade value in NOVD: .5.42'NGVD
6 Adjusted grade(Flood.Gede/2L,.•..,-,_ .6.71'NGVD Lat Area: 33,750 SQ.FF, 41 r� Irk -�-- g —• ��.~
Lot width: 250'-0" Lot Depth: 150'-0'• �__, TAml7_0.1arldng district .........�..._....
B 42 Total N of)aarkfnY?PtCes 78 _0 78
Minimum Unit Size FT. Mea Unit Size �
'-__....._ s7 of parking spaces per use twn a
I Existing use: COMMERCIAL Proposed use: MIXED-USE(RETAIL,OFFICE,8 RESIDENTIAL)
septate dart for a breakdown
olculaUmS- •_ p I
10 Alaal teen EahaM Prel:Mdfld
D. .ndM ee m of padde4 spaces per level(Provide a �._ -�.-.--� _...._�__.
55'0""'TO BE
50'•0"•MAXIMUM APPROVED BY THE septate chart for a breakdown
Height HEIGHT IH CD-2 ZONING 15.8'NGVD DESIGN REVIEW tlon5.. SEE SHEET A-1..1__ 0 SEE SHEET A-t.1 _ —.
y
p
DISTRICT BOARD-NO 45 parking Space Dimensions 4 ..., 8,5'018' WA _8.5'X 18_,_,-
—...._..._..._.. SEAT_SEAT....._._. .. ._—. _-
-_-- VARIANCE REQUIRED 46 Parking Space configuration(450.60o,
11 Humber of Stones S 1 5 SEAT,900TIASpaces...—. WA 90
....._....�.�__.__...._..^.__._.-_.�_.—.__^.—._�..._._.—_.-._^SSSS.._.. SSSS_ ,7 .�.___ ._.__.__...... __...._._..._.._--.._�.........-_..__._.,
12 FAR 2 0.25L__ 1.911116 • 48 Tardem Spaces ___
._._^SATS_ _—._^_SEAT _-.._ ___ _ ....___.
13 Gross..mare footage .__._. 67,500 SQ.FL ._._..-.--..—..___.--......... --__.__...._ 49 Drive aisle width _SSSS_ .__.- ___.N/A WA ._..iZ�.....y-
14 __._--..._.... .__.____.........___...
Square Foote a use 67 500 .FT. 7500 67,500 SQ.FT. ......_. ._-_-
13Number of—.. __ntial _�-�.SEAT -__ .._... __ 50 Valet drop of/and Did=�__,—,_.- _.._— NO
is _en a _—....11/A
.-•T _. .— ._.._? —SEAT_.. 91 LoaM�n .senses and Trash collection areas ......-.i.2 -__N/A 2
Ti.- ._.__........_........ _..—......._—.___,
ORice Square Footage —^ 52 Bicycle parking,location and Number of
_......^......._ ._ ....—.SEAT__ ..-�_.._._.
17 mobs N/A 205hatimm
Number of scats N/A 0
-_._. �_—. _.—....._�._._._-J
18_Om'kerK Load ..SSSS_.—....-.__N/A .- —..."._2..^..._. _.?__.._...._._._.........^..._ Com,
Reitastnb,IdiMd Bars,Lamm
IDYm2 Co on-40 SetlM� Et•quired Eshtki Pf000144 Deldwrcln .�. � ...• Oelldnlcles
_ Commercial hdectel: 53 T of use_.—_ N/A
Ir Front Setback: .---.�____„0-0• _.SATS -- 54 Number of seats located outside on _._.—...--
..�_..—......_,..— SATS _.........___.—..... rlrate t 3D SEATS
3- Side SeUsack: P_ D D, _-__..➢��rSemite__..—___._ ..__—....______..._...—._......—......_........ _._.-._..__ ._......._...-.._....____....___„
31........� _.^..._._—........._.___.._— ___._...—SEAT_.__._._—.�...— 55_Number ofl seats Imide 208 SEATS
Side Setback facing street` N/A N/A N/A 56 ^—.-... --------_.—...... --__SEAT_-..---.
32 --- --------_ Total comber of seals 23B SEATS
Rear Setback: 5'-0” 5'-0" "-
Tatal number of seats per venue
--• 28
(Provide a separate chart fora see SASStosEATS Sri Efr AI 1,...p
HN-2 RMQa,FL815at ocks Requhad Wain* Ps i' breakdown celculatbn) _.._,
Residential Pedestal: 58 y ____ ^^^--'
..—_.._..^. _ SEAT...-.-.._ ...___.^_._.._.. . _�Total occupant cantor[ ?
TrFant Setback: -_.�-_ ...�_... ...__...._ ..__ ..__.-._-
20'-0" N/A PURDY ROAD: :AY ROAD: 0 59 Occupant content per venue(Provide a
34 Side-SR-beau PURDY AVE:20'•0"-16% PURDY AVE:2r-o" pante chart fora breakdown
OF 10TAL WIDTH olculatlan
�_,,,- SEAT__ —_„—• SEE SMEETA•1.1 P -_
BAY ROAD:24'-2”/ 60 P"••- •hours of essential _-.N/A __
BAY BAY ROAD:16-20'-0"- 31'-1P' 61 __._..._._____._,-,—_.__-._
' 16%OF TOTAL WIDTH Is tits an NIE7(NHghbopt Impact
stabltsignenk;a CMM 141;11)_,-_-.NO
y236
dancing and/or entertalunmt
. ..._.. ._�-_-^.. N/A 0 ..... 'rolwted i(see CMB 141-136(.1_......... HO.—........_.....—.__..—........._..
33-Sfde Setback facing street: -- _N/A ,I N!A __----_-1 63 Is this a contributing building? Yes or No
36 Rear Setback: 7'-6" N/A T•6' 64 Located within Loot,Historic District? No
EIGHTEEN SUNSET Page 364 of 859MO Know NE' AC u e a
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Current Allowable Height Future Allowable Height
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_ Page 365 of 859
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