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Ordinance 95-3019 ORDINANCE NO. 95-3019 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 3 , ENTITLED "DEFINITIONS" , AMENDING SUBSECTION 3-2, "TERMS DEFINED" BY CREATING A DEFINITION FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT" AND "COMMERCIAL ESTABLISHMENT" ; CREATING SECTION 12B ENTITLED "OUTDOOR ENTERTAINMENT ESTABLISHMENT" AND "NEIGHBORHOOD IMPACT ESTABLISHMENT" CREATING DEFINITIONS FOR ENTERTAINMENT, OUTDOOR ENTERTAINMENT ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT AND OPEN AIR ENTERTAINMENT ESTABLISHMENT; PROVIDING FOR REVIEW GUIDELINES FOR SAID ESTABLISHMENTS; PROVIDING THAT APPEALS OF AN ADMINISTRATIVE OFFICIALS DETERMINATION OF THE USE OF A PROPERTY AS SAID ESTABLISHMENTS SHALL BE TO THE ZONING BOARD OF ADJUSTMENT; AMENDING SECTION 6 , ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" , AMENDING SUBSECTION 6-6, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT AND OPEN AIR ENTERTAINMENT ESTABLISHMENT AS A CONDITIONAL USE; AMENDING SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS A CONDITIONAL USE; AMENDING SUBSECTION 6-8 ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS A CONDITIONAL USE; AMENDING SUBSECTION 6-14 ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS A CONDITIONAL USE; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS A CONDITIONAL, USE; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, certain outdoor entertainment and large alcoholic beverage establishments, if left unregulated, may have an adverse effect on the health, safety, and welfare of the residents of surrounding neighborhoods; and, WHEREAS, residents and business operators in certain districts have expressed concern over the impact of outdoor entertainment and large alcoholic beverage establishments on their neighborhoods; and, 1 WHEREAS, regulation of outdoor entertainment establishments, open air entertainment establishments and neighborhood impact establishments within certain districts will mitigate the potential , negative impact on surrounding property. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . Subsection 3-2 , entitled "Terms Defined" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows : 3-2 TERMS DEFINED A. For the purpose of this Ordinance, certain terms and words are hereby defined. 7 . ALCOHOLIC BEVERAGE ESTABLISHMENT: Any establishment located in the City of Miami Beach, Florida at which alcoholic beverages, beer or wine are offered for consumption on the premises or any commercial establishment which allows beer, wine or alcoholic beverages to be consumed by patrons on the premises . * * * 43 . COMMERCIAL ESTABLISHMENT: An establishment operated for profit, whether or not a profit is actually made . SECTION 2 . Addition of Section 12B, entitled "Outdoor Entertainment Establishments and Neighborhood Impact Establishments" to Zoning Ordinance No. 89-2665 . 2 Section 12B Outdoor Entertainment Establishments and Neighborhood Impact Establishments 12B-1. Definitions For the purpose of this section, the following terms, phrases and words shall have the meaning given herein: A. "Entertainment" shall mean any live show or live performance or music amplified or non-amplified. Exceptions: Indoor movie theater; Big screen television and\or background music, amplified or non-amplified, played at a volume that does not interfere with normal conversation. B. "Neighborhood Impact Establishment" shall mean an Alcoholic Beverage Establishment with an occupant content of three hundred (300) or more persons as determined by_ the Chief Fire Marshall. C. "Open Air Entertainment Establishment" shall mean a Commercial Establishment which provides entertainment, as defined in paragraph A, indoors or in an enclosed courtyard or area which by its design is open to the outside, thereby enabling the entertainment to be audible outdoors. D. "Outdoor Entertainment Establishment" shall mean a Commercial Establishment which provides outdoor entertainment as defined in paragraph A. 12B-2 . Review Guidelines In reviewing an application for an Outdoor Entertainment Establishment, Open Air Entertainment Establishment or a Neighborhood Impact Establishment, the Planning Board shall apply the following supplemental review guidelines in addition to the standard review guidelines for conditional uses pursuant to Section 17 of Zoning Ordinance 89-2665: 3 A. An Operational\Business Plan which addresses hours of operation, number of employees, menu items, goals of business, and other operational characteristics pertinent to the application. B. A Parking Plan which fully describes where and how the parking is to be provided and utilized, eg. , valet, selfpark, shared parking, after-hour metered spaces and the manner in which it is to be managed. C. An indoor\outdoor Crowd Control Plan which addresses how large groups of people waiting to gain entry into the establishment, or already on the premises will be controlled. D. A Security Plan for the establishment and any parking facility. E. A Traffic Circulation Analysis and Plan which details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. F. A Sanitation Plan which addresses on-site facilities as well as off-premises issues resulting from the operation of the establishment. G. A Noise Attenuation Plan which addresses how noise will be controlled to meet the requirements of the Noise Ordinance. H. Proximity of proposed establishment to Residential Uses. I. Cumulative Effect of proposed establishment and adjacent pre-existing establishments. 12C-1. Appeal of A Determination Regarding the Use of a Property as An Outdoor Entertainment Establishment, Open Air Entertainment Establishment or a Neighborhood Impact Establishment When it is alleged that there is an error made by an administrative official in the enforcement of the Zoning Ordinance with regard to the determination of the use of a property as an Outdoor Entertainment Establishment, Open Air Entertainment Establishment or Neighborhood Impact Establishment, said appeal shall be to the Zoning Board of Adjustment pursuant to Section 16 of Zoning Ordinance 89-2665. 4 SECTION 3 . Subsection 6-6 , entitled "CD-1 Commercial , Low Intensity" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows : 6-6 CD-1 COMMERCIAL, LOW INTENSITY. A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This is a retail sales, Personal Commercial Uses; Apartments; Adult Congregate Living Facilities; See Section 6-21 Services, shopping district, Bed& Breakfast Inn(pursuant to Nursing Homes: Religious designed to provide service to Section 6-22.H). Uses that serve Institution, Public and Private surrounding residential Alcoholic Beverages as listed in Institutions;Schools;Day Care neighborhoods. Section 12(Alcoholic Beverages), Facility: Pawn shops;Warehouses; and any Use selling gasoline; Outdoor Entertainment Establishment Neighborhood Impact Establishment;Open Air Entertainment Establishment * * * SECTION 4. Subsection 6-7, entitled "CD-2 Commercial, Medium Intensity" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-7 CD-2 COMMERCIAL, MEDIUM INTENSITY. A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This district provides for Commercial Uses: Apartments; Adult Congregate Living Facilities; See Section 6-21 commercial activities,services. Apartment/Hotels. Uses that serve Funeral Home:Nursing Homes; offices and related activities which Alcoholic Beverages as listed in Religious Institution;Pawn shops; serve the entire City. Section 12(Alcoholic Beverages). Public and Private Institutions; Schools. and any Use selling gasoline.Outdoor Entertainment Establishment: Neighborhood Impact Establishment Open Air Entertainment Establishment. * * * 5 SECTION 5. Subsection 6-8, entitled "CD-3 Commercial, High Intensity" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-8 CD-3 COMMERCIAL, HIGH INTENSITY. A. Purpose and Uses I.District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory 5. Prohibited Uses Uses" This district is Commercial Uses, Apartments: Apartment(otels; Adult Living Congregate Facilities; See Section Pawn Shops designed to Hotels. Oceanfront properties in the Architectural Outdoor Entertainment 6-21. accommodate a District shall not be permitted to have new retail Establishment:Neighborhood highly concentrated and/or office areas totaling more than 250 sq.ft. Impact Establishment;Open Air business core in unless the Building is rehabilitated according to the Entertainment Establishment; which activities South Florida Building Code, the Miami Beach Nursing Homes;religious serving the entire Property Maintenance Standards. and Fire Institution;public and private City are located. Prevention and Safety Codes and if it is a Historic Institutions;Schools and Major Structure the U S. Secretary of the Interior Cultural Dormitory Facilities as Standards for Rehabilitation and Guidelines for specified in Section 10A-2. When Rehabilitating Historic Structures. Offices are located on that portion of Lincoln prohibited on the ground floor on that portion of Road that is closed to traffic, these Lincoln Road which is closed to traffic, unless the uses shall comply with Sec. 6- office area is located in a mezzanine, or at least 75 8.A 5. ft. back from the storefront, also Apartments, Apartment'Hotels and Hotels Ideated on that portion of Lincoln Road shall comply with Sec. 6- 8,A.5. 6. Apartments, ApartmentiHotels, Hotels and the Conditional Uses, as described above, which are located on that portion of Lincoln Road that is closed to traffic, may have first floor entrances and lobbies occupying up to 20% of their total Street frontage(s). The remainder of their first floor frontage shall consist solely of Commercial Uses, extending back at least 75 ft. from the Street frontage(s). * * * 6 SECTION 6. Subsection 6-14, entitled "I-1 Light Industrial District" of Zoning Ordinance 89- 2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-14 I-1 LIGHT INDUSTRIAL DISTRICT. • A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This is a utilitarian district Those Uses that arc consistent Any Use which includes the Those Uses customarily characterized by sales. storage, with the district purpose. retail sale of gasoline. associated with the District • processing, wholesaling, motor Recycling Receiving Purpose. (See Section 6-21). vehicles repairs and towing Stations, Outdoor services. This district shall not Entertainment Establishment; include any residential Uses. Neighborhood Impact Establishment;Open Air Entertainment Establishment. * * * SECTION 7. Subsection 6-16, entitled "MXE Mixed Use Entertainment District" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT. A. Purpose and Uses t. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses These regulations are designed to Apartments;Apartment-Hotels; Hotels; Major Cultural Dormitory See Section 6-21. encourage the substantial restoration of Commercial Development as specified in Facilities as specified in existing Structures and allow for new Section 6-16,C. Uses that serve Alcoholic Section 10A-2;Outdoor construction. Beverages as listed in Section 12 Entertainment Establishment: (Alcoholic Beverages). Neighborhood Impact Establishment:Open Air Entertainment Establishment. * * * 7 SECTION 8. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may bf changed to "section" or other appropriate word. SECTION 9. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 10. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect on the 4th day of November , 1995. PASSED and ADOPTED this 25th octobe / h s day of �' , 1995. / AYOR ATTEST: I OPITY CLE 1st reading 10/11/95 2nd reading 10/25/95 Underline = new language DJG\MH11D I S KM 12\120401 T.95 FORM AP By ,Aiir=_ - 8 . �` Date IN 9 ,. 1 z ----.0001--- il I r ' 771ti STREET • 43111.11 .441.. I.;4 IL • / 71ST STAEE1 I i'-'"V.. 7;4i(- ANO1 ./ • 4. % A / c5 N •• C 63R°SSREEI • 630) J ,` lei V A 1 e 1, U OZ < V V • _ 54TH STREET < III W .. \ CO %mai 2a Sv F 471N TREE1 c G i Q _Q o c 'llilliii. f - LL i,)w r. ›.• ,j .9 10 / .. i .. ,, W V / STREET ��J� < ~ CAUSE � uTTE ` % of V • 1/ cis CC O •' / i < .1 0 O I • i/ c/i ' / vi '' 4'/j• U • �+j N O� ,- %//• ET �2 % ,j STREET /'/j// 4x '" 04000 RpAO iliktWv CAUSEWAY • w .4. ,{/ tT ,..,..... o Ilt. to 111III /moi 2 „iip.: ty1;1< NORTH • � x` \` --` .J 4 Z o CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.7 1 95 TO: Mayor Seymour Gelber and Members of the City Commission DATE: FROM: Jose Garcia-Pedrosa OCTOBER 25, 1995 City Manager SUBJECT: SECOND READING P BLIC HEARING— TWO COMPANION ORDINANCES REGARDING OUTDOOR ENTERTAINMENT ESTABLISHMENTS, OPEN AIR ENTERTAINMENT ESTABLISHMENTS, AND NEIGHBORHOOD IMPACT ESTABLISHMENTS, AND CLARIFYING THE REGULATIONS FOR USES THAT SERVE ALCOHOLIC BEVERAGES IN MULTI—FAMILY RESIDENTIAL DISTRICTS. ORDINANCE A — AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, "TERMS DEFINED" BY CREATING DEFINITIONS FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT" AND "COMMERCIAL ESTABLISHMENT"; CREATING SECTION 12B, ENTITLED "OUTDOOR ENTERTAINMENT ESTABLISHMENTS" AND "NEIGHBORHOOD IMPACT ESTABLISHMENTS" CREATING DEFINITIONS FOR "ENTERTAINMENT", "OUTDOOR ENTERTAINMENT ESTABLISHMENT", "NEIGHBORHOOD IMPACT ESTABLISHMENT" AND "OPEN AIR ENTERTAINMENT ESTABLISHMENT"; PROVIDING REVIEW GUIDELINES FOR SAID ESTABLISHMENTS; PROVIDING THAT APPEALS OF AN ADMINISTRATIVE OFFICIAL'S DETERMINATION OF THE USE OF A PROPERTY AS SAID ESTABLISHMENTS SHALL BE TO THE ZONING BOARD OF ADJUSTMENT; AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-6, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT AND OPEN AIR ENTERTAINMENT ESTABLISHMENT AS CONDITIONAL USES; AMENDING SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS CONDITIONAL USES; AMENDING SUBSECTION 6-8 ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS CONDITIONAL USES; AMENDING SUBSECTION 6-14 ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT PAGE 1 OF 9 AGENDA ITEM -3-1"— DATE (O-a6-95 ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS CONDITIONAL USES; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS CONDITIONAL USES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ORDINANCE B - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-2, ENTITLED "RM-1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY BY CLARIFYING THAT USES THAT SERVE ALCOHOLIC BEVERAGES ARE NOT PERMITTED; AMENDING SUBSECTIONS 6-3, ENTITLED "RM-2, RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY" BY CLARIFYING THAT USES THAT SERVE ALCOHOLIC BEVERAGES ARE PERMITTED AS ACCESSORY USES AND NOT AS MAIN PERMITTED USES, BY PROHIBITING ACCESSORY OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OPEN AIR ENTERTAINMENT ESTABLISHMENTS AND BY LISTING NEIGHBORHOOD IMPACT ESTABLISHMENTS AS CONDITIONAL USES; AMENDING SUBSECTIONS 6-4, ENTITLED "RM-3, RESIDENTIAL MULTI FAMILY, HIGH INTENSITY" BY CLARIFYING THAT USES THAT SERVE ALCOHOLIC BEVERAGES ARE PERMITTED AS ACCESSORY USES AND NOT AS MAIN PERMITTED USES AND BY LISTING ACCESSORY NEIGHBORHOOD IMPACT ESTABLISHMENTS, OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OPEN AIR ENTERTAINMENT ESTABLISHMENTS AS CONDITIONAL USES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. NOTE: THIS AMENDING ORDINANCE B WAS AMENDED AT THE OCTOBER 11, 1995, CITY COMMISSION FIRST READING PUBLIC HEARING - (SEE PAGE 8, HEREIN) . RECOMMENDATION The Administration recommends that the City Commission adopt on second reading Ordinance A regarding the creation of Section 12B entitled "Outdoor Entertainment Establishment" and "Neighborhood Impact Establishment" within Zoning Ordinance No. 89-2665 and the companion Ordinance B which includes the clarification that uses serving alcoholic beverages are not permitted within the RM-1 Residential Multi Family zoning district and are accessory uses only within the RM-2 and RM-3 districts. Ordinance B has been further amended to contain new regulations for outdoor entertainment establishments and open air entertainment establishments as prohibited accessory uses within the RM-2 Residential Multi Family zoning district. PAGE 2 OF 9 BACKGROUND The City Administration had previously requested the Planning, Design and Historic Preservation Division to study the inherent problems related to nightclubs, which can, at a minimum, lead to traffic congestion, lack of adequate parking (whether valet or self park) , unacceptable noise levels, crowd control problems, proximity of incompatible uses and other potential negative impacts on surrounding residents and properties. On May 9, 1995, the Planning Board conducted a workshop to discuss the nightclub issue and the accompanying problems that are associated with this type of operation and it was determined that changing the definition of a nightclub may not be the appropriate course of action. Presently, many establishments that would not be considered a nightclub (under today's definition within the Zoning Code) may be a nuisance to adjacent properties and the surrounding neighborhood regardless of the description on their occupational license. The Board felt that an amending ordinance should address the problems related with the use, rather than the definition of the use itself. On May 23 , 1995, the Board discussed a draft amendment to the Code that would define entertainment and would require establishments with outdoor entertainment to be reviewed for approval via the conditional use process. This would include indoor entertainment that could be audible outdoors given the nature of the establishment's design. Also, any alcoholic beverage establishment with an occupant content in excess of 300 patrons would require conditional use approval. The new amendment provides a list of review criteria and codifies an appeal process relevant to the determination of these types of uses. That ordinance (Ordinance A) was unanimously (6-0, one absentee) recommended for approval by the Planning Board at their June 27, 1995 public hearing. The Board also expressed concern at this meeting that these types of newly defined establishments have not been given consideration as accessory uses in the RM-2 and RM-3 zoning districts where such uses are permitted and could conceivably become a problem. In order for Ordinance A to be consistent and uniform throughout the City, the Planning Board requested that a similar amendment (Ordinance B) be brought back to the Board at their July meeting to address these accessory uses. Ordinance B was unanimously (5-0, one absentee and one recusal) recommended for approval by the Board at its July 25th meeting. On a related matter, an amending ordinance was adopted on September 13, 1995, by the City Commission regarding the designation of a "Cabaret District" on Ocean Drive between 9th and 11th Streets as stipulated to in the newly adopted Noise Ordinance. PAGE 3 OF 9 At the October 11, 1995 first reading public hearing, Ordinance A was approved as written. Ordinance B was amended to prohibit Outdoor Entertainment Establishments and Open Air Entertainment Establishments within the RM-2 zoning districts. Ordinance B would still require conditional use approval for Neighborhood Impact Establishments, Outdoor Entertainment Establishments and Open Air Entertainment Establishments within the RM-3 zoning district as originally proposed within the amendment, as well as, Neighborhood Impact Establishments within the RM-2 zoning district. The Commission also remanded back to the Planning Board a further study regarding the prohibition or limitation of Neighborhood Impact Establishments, Outdoor Entertainment Establishments and Open Air Entertainment Establishments within the South Pointe Redevelopment Area (Performance Standards Districts) . ANALYSIS OF ORDINANCE A - (UNCHANGED) What follows is an analysis of each section of this proposed amendment with an analysis of the amended companion ordinance (Ordinance B) to follow. The attached amending Ordinance A, adds two new definitions to Section 3 entitled "Definitions" and creates a new Section 12B, entitled "Outdoor Entertainment Establishments and Neighborhood Impact Establishments" within the current Zoning Ordinance No. 89- 2665. Section 1. This section of the amending Ordinance A creates definitions for an "Alcoholic Beverage Establishment" and a "Commercial Establishment" within Subsection 3-2 "Terms Defined" of the current Zoning Code. These terms would be used throughout the entire Zoning Code and are included for clarification purposes. Section 2. This portion of the proposed amendment creates the new Section 12B, entitled "Outdoor Entertainment Establishments and Neighborhood Impact Establishments" which is made up of three subsections; Definitions, Review Criteria and an Appeal of a Determination process. The first subsection, 12B-1, entitled "Definitions" creates new definitions for entertainment and establishments with outdoor entertainment that would be reviewed under conditional use procedures for approval. An establishment with indoor entertainment (as newly defined) that was audible outdoors due to PAGE 4 OF 9 the design of the building would also require conditional use approval. In addition to these particular types of uses, Alcoholic Beverage Establishments with an occupant content of 300 hundred or more patrons would come under these new regulations. The new definitions would be as follows: For the purpose of this section, the following terms, phrases and words shall have the meaning given herein: A. "Entertainment" shall mean any live show or live performance or music amplified or non-amplified. Exceptions: Indoor movie theater; Big screen television and\or background music, amplified or non-amplified, played at a volume that does not interfere with normal conversation. B. "Neighborhood Impact Establishment" shall mean an Alcoholic Beverage Establishment with an occupant content of three hundred (300) or more persons as determined by the Chief Fire Marshall. C. "Open Air Entertainment Establishment" shall mean a Commercial Establishment which provides entertainment, as defined in paragraph A, indoors or in an enclosed courtyard or area which by its design is open to the outside, thereby enabling the entertainment to be audible outdoors. D. "Outdoor Entertainment Establishment" shall mean a Commercial Establishment which provides outdoor entertainment as defined in paragraph A. The intent of these new definitions is to include all uses with entertainment, as defined above, which is either outdoors or indoors but audible outdoors, to be reviewed pursuant to the conditional use process. The term entertainment as proposed would exclude low-volume amplified or non-amplified background music as long as it is played at a vblume that would not interfere with normal conversation. In this manner, an exterior sound system or a strolling musician playing music at a volume that does not interfere with normal conversation in an outdoor restaurant would not require conditional use approval. However, the sound level of the establishment would still be subject to the regulations within the noise ordinance. Also, any establishment that serves alcoholic beverages and has an occupant content set by the City's Fire Marshall at 300 or more patrons would require conditional use approval. PAGE 5 OF 9 % The second Subsection 12B-2 , entitled "Review guidelines" creates new review criteria for these types of uses that would be used in addition to the existing Conditional Use review procedures as listed in Section 17 of the current zoning code. Presently, conditional uses may be approved in accordance with the procedures and standards of Section 17, provided that: 1. The use is consistent with the Comprehensive Plan or Neighborhood Plan if one exists for the area in which the property is located. 2 . The intended Use or construction will not result in an impact that will exceed the thresholds for the levels of service as set forth in the Comprehensive Plan. 3 . Structures and Uses associated with the request are consistent with this Ordinance. 4 . The public health, safety, morals, and general welfare will not be adversely affected. 5. Adequate Off-Street Parking facilities will be provided. 6. Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. The additional new review criteria would be as follows: A. An Operational\Business Plan which addresses hours of operation, number of employees, menu items, goals of business, and other operational characteristics pertinent to the application. B. A Parking Plan which fully describes where and how the parking is to be provided and utilized, eg. , valet, selfpark, shared parking, after-hour metered spaces and the manner in which it is to be managed. C. An iridoor\outdoor Crowd Control Plan which addresses how large groups of people waiting to gain entry into the establishment, or already on the premises will be controlled. D. A Security Plan for the establishment and any parking facility. E. A Traffic Circulation Analysis and Plan which details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. PAGE 6 OF 9 F. A Sanitation Plan which addresses on-site facilities as well as off-premises issues resulting from the operation of the establishment. G. A Noise Attenuation Plan which addresses how noise will be controlled to meet the requirements of the Noise Ordinance. H. Proximity of proposed establishment to Residential Uses. I. Cumulative Effect of proposed establishment and adjacent pre-existing establishments. The request would also be reviewed by pertinent City Departments for additional comments regarding the proposed use. These City Departments would include the Legal, Finance, Code Compliance, Building, Parking and Police Departments in addition to the extensive review done by the Planning, Design and Historic Preservation Division. The third proposed Subsection 12C-1 of Ordinance A, entitled "Appeal of A Determination Regarding the Use of a Property as An Outdoor Entertainment Establishment, Open Air Entertainment Establishment or a Neighborhood Impact Establishment" codifies the appeal process regarding the determination of these types of uses. Appeals would be to the Zoning Board of Adjustment (BOA) as an administrative relief process. Appeal of the BOA is already established to a court of competent jurisdiction. The next five sections of the amending Ordinance A add the newly defined terms Outdoor Entertainment Establishment, Open Air Entertainment Establishment and Neighborhood Impact Establishment to the conditional use category of the CD-1, CD-2, CD-3, I-1 and MXE zoning district regulations. The last sections of the amendment provide for inclusion in the Zoning Ordinance with an effective date. ANALYSIS OF ORDINANCE B - (AS AMENDED, 10\11\95) What follows is an analysis of each section of this proposed amending Ordinance B. Section 1. This section of Ordinance B, deletes old language in the RM-1 Residential Multi Family Low Intensity district by specifically deleting the reference to "Uses that serve Alcoholic Beverages as PAGE 7 OF 9 listed in Section 12 (Alcoholic Beverages) " under the Main Permitted Uses section. This reference is an error that was created by mistake at the inception of the Zoning Ordinance in October of 1989 and is being removed since the RM-1 district is strictly for residential development and does not allow commercial eating and drinking establishments as main or accessory uses. Section 2 . This section of Ordinance B also deletes current language in the RM-2 Residential Multi Family Medium Intensity district by deleting specifically the reference to "Uses that serve Alcoholic Beverages as listed in Section 12 (Alcoholic Beverages) " under the Main Permitted Uses section. This reference is being removed since the RM-2 district is strictly for residential development and does not allow commercial eating and drinking establishments as main uses. The only time an eating or drinking establishment would be allowed would be as an accessory use to a hotel. On October 11, 1995 the Commission on first reading revised this section of the amending ordinance to prohibit outdoor entertainment establishments and open air entertainment establishments within the RM-2 districts (previously listed as conditional uses) . Neighborhood impact establishments would continue to be listed as conditional uses as originally proposed by the amendment. The attached amending Ordinance B has been revised to reflect these changes. Section 3 . This section of Ordinance B also deletes existing language in the RM-3 Residential Multi Family High Intensity district by deleting specifically the reference to "Uses that serve Alcoholic Beverages as listed in Section 12 (Alcoholic Beverages) " under the Main Permitted Uses section. This reference is being removed since the RM-3 district is strictly for residential main uses and only permits commercial eating and drinking establishments as accessory uses. These establishments may be accessory to hotels or apartment buildings. For that reason, accessory outdoor entertainment establishments, neighborhood impact establishments and open air entertainment establishments are also being listed as conditional uses. The last sections of the amendment provide for inclusion in the Zoning Ordinance, repealer, severability and an effective date. PAGE 8 OF 9 I CONCLUSION Based on the foregoing, the Administration recommends that the City Commission adopt on second reading Ordinance A regarding the creation of Section 12B entitled "Outdoor Entertainment Establishment" and "Neighborhood Impact Establishment" within Zoning Ordinance No. 89-2665 and the amended companion Ordinance B regarding the regulation of these same types of establishments as prohibited and\or accessory uses within the RM-2 and RM-3 Residential Multi Family zoning districts. 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