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Ordinance 2000-3238 ORDINANCE NO. 2000-3238 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 142 ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142-1361 ENTITLED "DEFINITIONS" BY MODIFYING THE DEFINITION OF "NEIGHBORHOOD IMPACT • ESTABLISHMENT"AND BY REDUCING THE OCCUPANCY NUMBER AT WHICH AN ESTABLISHMENT IS DEFINED AS A NEIGHBORHOOD IMPACT ESTABLISHMENT; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. • WHEREAS, the Code of the City of Miami Beach specifies that alcoholic beverage establishments with an occupant content of 300 or more persons as determined by the chief fire marshal are defined as Neighborhood Impact Establishments; and, WHEREAS, said Code requires Neighborhood Impact Establishments to be reviewed by the Planning Board as conditional uses in certain specified zoning districts; and, WHEREAS,the City Commission desires this provision to distinguish between restaurants, and establishments that also operate as entertainment establishments and/or dance halls; and, WHEREAS, the City Commission deems it advisable for establishments operating as entertainment establishments and/or dance halls,with an occupant content of fewer than 300 persons, to also be reviewed by the Planning Board as conditional uses, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-1361, entitled "Definitions" of Chapter 142, entitled "Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 142-1361. Definitions. For the purpose of this division, the following terms, phrases and words shall have the meaning given in this section: Entertainment means any live show or live performance or music amplified or nonamplified. Exceptions: Indoor movie theater; big screen television and/or background music, amplified or nonamplified, played at a volume that does not interfere with normal conversation. Neighborhood impact establishment means_ n an alcoholic beverage establishment or restaurant, not also operating as an entertainment establishment or dance hall(as defined in Section 114-1 of this Code). 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 of this Code). with an occupant content of 200 or more persons as determined by the chief fire marshal. Open air entertainment establishment means a commercial establishment which provides entertainment, as defined in this section, 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. Outdoor entertainment establishment means a commercial establishment which provides outdoor entertainment as defined in this section. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH,FLORIDA 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 renumbered or relettered to accomplish such intention;and that the word "ordinance" may be changed to "section" or other appropriate word. 2 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 on the 22nd day of April , 2000. • PASSED and ADOPTED this 12th day of April , 2000. 014 ATTEST: MAYOR 3/ fan CITY CLERK F:\PLAN\$PLB\FEB\N IM P 1388\13880RD.RV 2 1st reading 3/15/00 2nd reading 4/12/00 • APPROVED AS TO FORM & LANGUAGE FOR EXECUTION 1 i. 2 -'Crd 41 City • orn y Date 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. 2 -dO TO: Mayor Neisen O.Kasdin and DATE: April 12,2000 Members of the City Commission FROM Lawrence A. Levy 0,41 City Manager PUBLIC HEARING SECOND READING SUBJECT: Ordinance - Neighborhood Impact Establishment Occupancy Threshold An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-1361 Entitled "Definitions" By Changing the Definition of Neighborhood Impact Establishment by Reducing the Occupancy Number at Which an Establishment Is Defined as a Neighborhood Impact Establishment;Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading after a public hearing, adopt the proposed amending Ordinance. ANALYSIS The consideration of an amendment to the Land Development Regulations of the City Code reducing the threshold for "Neighborhood Impact Establishments" was referred to the Planning Board by the City Commission on March 17, 1999. During the process of meeting to discuss Washington Avenue, nightclub definitions, and the modular licensing concept, the idea was put forward to have alcoholic beverage establishments with an occupant content of fewer than 300 persons to also be reviewed by the Planning Board as conditional uses. At the City Commission meeting of March 17, 1999, the consideration of such an amendment to the City Code, which would set the threshold for "Neighborhood Impact Establishments" at 150 or more persons, was referred to the Planning Board at the request of Commissioner Nancy Liebman. Upon referral, Planning Department staff drafted a proposed amendment. At its June 22, 1999 meeting, the Planning Board voted 6-1 to recommend the approval of a revised version of the proposed ordinance, keeping the threshold for restaurants not licensed as "dance halls" or AGENDA ITEM R 5 C..' T\AGENDA\20001APR 1200\REGULAR\1388CMM2.WPD DATE 4- 12-00 Commission Memorandum April 12, 2000 Ordinance - Neighborhood Impact Establishment Occupancy Threshold Page 2 ANALYSIS (Continued) "entertainment establishments"at 300 seats, and setting the threshold for all other establishments at 150 seats. The Planning Board ordinance went before the City Commission for first reading on November 17, 1999, with the Administration recommending approval. However,the Commission voted to send the item back to the Planning Board for further review, as it was felt that perhaps regulation was too restrictive. A suggestion was made by Commissioner Garcia that the appropriate threshold might be 250 persons. Attached is the original Planning Board ordinance for review. Currently, alcoholic beverage establishments with an occupant content of 300 or more persons are defined by the City Code as "Neighborhood Impact Establishments",which must be reviewed by the Planning Board as conditional uses. This amending ordinance, which is a new proposal by the Planning Board, would modify the Land Development Regulations of the City Code by reducing the threshold for Neighborhood Impact Establishments from the current 300 or more persons, to 200 or more persons, for establishments operating as dance halls or entertainment establishments (essentially nightclubs), while allowing the threshold for establishments operating strictly as restaurants to remain at 300. The occupancy load is determined by the Chief Fire Marshal. Planning Department staff agrees with the Planning Board's conclusion that establishments operating only as restaurants do not have the same impact on the City as those operating as nightclubs (dance halls or entertainment establishments), and thus agrees with allowing the threshold to remain at 300 persons for restaurant-only establishments. For establishments operating as dance halls or entertainment establishments, the Administration believes that reducing the threshold for Neighborhood Impact Establishments from 300 to 200 persons for nightclub type establishments will result in more of these alcoholic beverage establishments being subject to review by the Planning Board under the Conditional Use review criteria of the Land Development Regulations of the City Code (see Attachment "A"). Note that this review process would only apply to applications for new neighborhood impact establishments, and to applications for the modification or expansion of existing neighborhood impact establishments. Neighborhood impact establishments which existed as of the effective date of the ordinance, and remained at the same size and with the same operational characteristics, would be "grandfathered-in" under these provisions of the City Code. At its February 29, 2000 meeting, the Planning Board voted 6-1 to recommend approval of the proposed amending ordinance. At the March 15,2000 City Commission meeting,the Commission voted to approve the proposed amending ordinance on first reading. T:AGENDA\2000WPRI200\REGULAR\1388CMM2.WPD Commission Memorandum April 12, 2000 Ordinance - Neighborhood Impact Establishment Occupancy Threshold Page 3 ANALYSIS (Continued) Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing,the proposed amending ordinance to Section 142-1361 of the Code of the City of Miami Beach, Florida, as proposed by the Planning Board, reducing the threshold for Neighborhood Impact Establishments from the current 300 or more persons, to 200 or more persons, for establishments operating as dance halls or entertainment establishments. This will result in expanding upon the number of larger nightclub type alcoholic beverage establishments subject to Conditional Use review by the Planning Board, thereby ensuring that these establishments do not negatively impact their respective surrounding neighborhoods within the City. LA \�\RGL\rgl T:\AGENDA\2000\APR12000tEGULAR\I388CMM2.W PD ATTACHMENT "A" DIVISION 6. ENTERTAINMENT ESTABLISHMENTS* • Sec. 142-1361. Definitions. For the purpose of this division, the following terms, phrases and words shall have the meaning given in this section: Neighborhood impact establishment means an alcoholic beverage establishment with an occupant content of 300 or more persons as determined by the chief fire marshal. * * * Sec. 142-1362. 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 criteria in addition to the standard review guidelines for conditional uses pursuant to chapter 118, article IV: (1) 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. (2) A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, selfpark, shared parking, after-hour metered spaces and the manner in which it is to be managed. (3) 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. (4) A security plan for the establishment and any parking facility. (5) 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. (6) A sanitation plan which addresses on-site facilities as well as off-premises issues resulting from the operation of the establishment. (7) A noise attenuation plan which addresses how noise will be controlled to meet the requirements of the noise ordinance. (8) Proximity of proposed establishment to residential uses. (9) Cumulative effect of proposed establishment and adjacent pre-existing uses. Sec. 142-1363. Appeal of a determination regarding 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 these land development regulations with regard to the determination of the use of a property as an outdoor entertainment establishment,open air entertainment establishment or neighborhood impact establishment, such appeal shall be to the zoning board of adjustment pursuant to chapter 118, article VIII. T:\AGENDA\2000\APR 1200\REGULAR\I388CMM2.W PD • 4 \ q _ \ .2 q 2 § � O ° 01 bb % • o « ° .1-71 3 � w o cu Q § y r4 ,tt ccr .§ d hIJ