Ordinance 2020-4358 CD-2 Alton Road Outdoor Movie Theaters
ORDINANCE NO. 2020-4358
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, BY AMENDING CHAPTER 6, ENTITLED "ALCOHOLIC
BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-4,
ENTITLED "LOCATION AND USE RESTRICTIONS," IN ORDER TO PERMIT
OUTDOOR MOTION PICTURE THEATERS FRONTING ON ALTON ROAD TO
SELL AND/OR OFFER ALCOHOLIC BEVERAGES FOR CONSUMPTION; BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-
2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-305,
"PROHIBITED USES," AND SECTION 142-310, ENTITLED "SPECIAL
REGULATIONS FOR ALCOHOL BEVERAGE ESTABLISHMENTS," TO
PROVIDE REGULATIONS FOR OUTDOOR MOTION PICTURE THEATERS
AND ACCESSORY OUTDOOR BAR COUNTERS; BY AMENDING ARTICLE IV,
DIVISION 3, SECTION 142-1109, ENTITLED "ACCESSORY OUTDOOR BAR
COUNTERS," TO PERMIT OUTDOOR BAR COUNTERS AS AN ACCESSORY
USE TO OUTDOOR MOTION PICTURE THEATERS; AND BY AMENDING
DIVISION 5, "HEIGHT REGULATIONS," SECTION 142-1161, ENTITLED
"HEIGHT REGULATION EXCEPTIONS," TO AMEND THE LIST OF HEIGHT
EXCEPTIONS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the Alton Road Corridor; and
WHEREAS, outdoor motion picture theater uses are an innovative entertainment use that
will help encourage the commercial success of the Alton Road area; and
WHEREAS, the operational conditions set forth in this Ordinance will promote
compatibility, and mitigate impacts to the neighborhood associated with outdoor motion picture
theaters.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter of 6 the City Code, entitled "Alcoholic Beverages," is hereby amended as
follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE I. —IN GENERAL
* * *
Sec. 6-4. - Location and use restrictions.
(a) Generally. The following location and use restrictions are applicable for facilities
selling or offering alcohol beverages for consumption:
(1) Educational facilities. No alcohol beverage shall be sold or offered for
consumption in a commercial use within 300 feet of any property used as a public
or private school operated for the instruction of minors in the common branches of
learning. Except for uses in the civic and convention center(CCC)district, hospital
(HD) district or within 300 feet of a marina.
(2) Places of worship. No alcohol beverage shall be sold or offered for
consumption in an alcoholic beverage establishment, including bottle clubs, within
300 feet of any property used as a place of worship, except in restaurants operating
with full kitchens and serving full meals for consumption on the premises.
(3) Retail stores for off-premises consumption. The minimum distance
separation between retail stores primarily selling alcoholic beverages for
consumption off the premises as a main permitted use shall be 1,500 feet. A retail
store primarily selling alcoholic beverages may obtain conditional use approval
from the planning board to operate at a lesser distance from an existing store, but
in no event shall such a store open at a distance less than 700 feet from an existing
store. There shall be no variances from this distance separation requirement.
(4) Motion picture theaters. No alcohol beverages shall be sold or offered for
consumption in any motion picture theater, or in any room opening directly or
indirectly into or in connection with any motion picture theater, except alcohol
beverages may be served in motion picture theaters (i) of at least 15,000 square
feet in total floor area, (ii)containing at least 300 permanent auditorium seats, and
(iii) which are located in CD-3 commercial, high intensity districts. Additionally,
alcohol beverages may be sold or offered for consumption in outdoor motion
picture theaters fronting Alton Road that meet the requirements of section 142-
310, and article IV, division 2 of this chapter. Notwithstanding chapter 142, article
5, division 6 of the city Code, a an indoor motion picture theater in which the sale
and consumption of alcohol beverages is permitted shall not be considered a
neighborhood impact establishment. Motion picture theaters shall not be permitted
to operate between the hours of 3:00 a.m. and 8:00 a.m.,except that motion picture
theaters may apply for up to three special event permits from the city per calendar
year to operate during such hours. This section shall not relieve any person, entity
or establishment from the restrictions contained in chapter 6, article II or the land
development regulations of the city Code.
Any approval granted pursuant to this section shall also be subject to the following
restrictions:
i. The sale of alcohol beverages for consumption off the premises is strictly
prohibited.
ii. A minor control plan, setting forth conditions regarding hours of operation and
alcohol sales, alcohol service and monitoring procedures, food service, and staff
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training, must be approved by the city manager or designee prior to the issuance
of a license for alcohol sales or consumption.
iii. Designated alcohol beverage consumption areas, including concession and
cafe areas, and those specific auditoriums in which alcohol beverages may be
served and consumed, must be clearly designated as such and separated from
the remainder of the theater by a barrier or other physical demarcation. All alcohol
beverages must be served from within the designated alcohol beverage
consumption areas, and no alcohol beverages may be consumed or carried
beyond the boundary limits of the designated alcohol beverage consumption
areas. Access to the designated alcohol beverage consumption areas is restricted
to patrons who can present a valid identification for inspection demonstrating they
are 21 years of age or older. The restrictions in this paragraph shall not apply to
outdoor motion picture theaters fronting Alton Road that meet the requirements of
section 142-310, and article IV, division 2 of this chapter.
iv. There may be special customer promotions that combine purchase of a
motion picture theater ticket with purchase of food and an alcohol beverage. No
"happy hour" type of reduced price alcohol beverage promotion shall be allowed.
v. Motion picture theaters selling alcohol beverages, shall obtain the requisite
state license for sales and consumption of such beverages.
vi. Motion picture theaters selling alcoholic beverages as defined in section 102-
306 shall collect and remit resort taxes to the city for alcohol sales as required
under section 102-306.
(5) Filling station. No liquor as defined by F.S. § 568.01, shall be sold or offered
for consumption on or off the premises of any filling station.
(6) Curb service sales. No alcohol beverages shall be sold or served to persons
in a vehicle of any kind or from an exterior counter or any type of walk-up window.
All sales are to be from the interior of the structure.
(7) Off-premises consumption. All sales of alcohol beverages for consumption
off the premises shall be in a sealed container.
(8) Bottle clubs. There shall be no bottle clubs within 300 feet of any property
used as a public or private school operated for the instruction of minors in the
common branches of learning or place of worship.
(9) Dance halls. The minimum distance separation between dance halls licensed
to sell alcohol beverages, and not also operating as restaurants with full kitchens
and serving full meals, shall be 300 feet.
(10) Entertainment establishments. The minimum distance separation between
entertainment establishments licensed to sell alcohol beverages, and not also
operating as restaurants with full kitchens and serving full meals, shall be 300 feet.
The provisions of this paragraph shall not apply to outdoor motion picture theaters
fronting Alton Road that meet the requirements of section 142-310.
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(b) Determination of minimum distance separation.
(1) For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the main entrance
or exit in which the use associated with alcohol beverages occurs to the nearest
point of the property used for a public or private school. In cases where a minimum
distance is required between two uses associated with the alcohol beverages for
consumption on or off the premises other than a public or private school, the
minimum requirement shall be determined by measuring a straight line between
the principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a
registered land surveyor shall be submitted attesting to the separation of the uses
in question. This requirement may be waived upon the written certification by the
planning director that the minimum distance separation has been met.
(c) Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 118-351 et seq., except that no variances may be granted on the
provisions of [subsection] 6-4(a)(4) concerning the sale or consumption of alcohol
beverages in motion picture theaters.
SECTION 2. Chapter 142 of the City Code, entitled "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 II. — DISTRICT REGULATIONS
* * *
DIVISION 5. —CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-305.— Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor
bar counters, except as provided in section 142-310, or in article IV, division 2 of this chapter and
in chapter 6. Except as otherwise provided in these land development regulations, prohibited uses
in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood, generally
bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include hostels,
outdoor entertainment establishments, neighborhood impact establishments, open air
entertainment establishments, bars, dance halls, and entertainment establishments (as defined
in section 114-1 of this Code).
* * *
Sec. 142-310. - Special regulations for alcohol beverage establishments.
4
(a) Alton Road corridor. The following additional requirements shall apply to alcoholic
beverage establishments, whether as a main use, conditional use, or accessory use,
that are located on the west side of Alton Road and east of Alton Court, between 5th
Street and 11th Street, and between 14th Street and Collins Canal; and properties on
the east side of West Avenue, between Lincoln Road and 17th Street, except alcoholic
beverage establishments fronting Lincoln Road between West Avenue and Alton Road:
(1) Operations shall cease no later than 2:00 a.m.
(2) Establishments with sidewalk cafe permits shall only serve alcoholic beverages at
sidewalk cafes during hours when food is served in the restaurant, shall cease
sidewalk cafe operations at 12:00 a.m., and shall not be permitted to have outdoor
speakers.
(3) Commercial uses on rooftops shall be limited to restaurants only, shall cease
operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and
shall only be permitted to have ambient, background music.
(4) Entertainment establishments shall be required to obtain conditional use approval
from the planning board, in accordance with the requirements and procedures
of chapter 118, article IV. Additionally, if approved as a conditional use,
entertainment establishments shall be required to install a double door vestibule at
all access points from the sidewalk, with the exception of emergency exits.
(5) Outdoor bar counters shall be prohibited.
(6) No special event permits shall be issued.
(7) This subsection (a) above shall not apply to any valid, pre-existing permitted use
with a valid business tax receipt(BTR)for an alcoholic beverage establishment that
(i) is in application status prior to April 14, 2015; or(ii) issued prior to May 21, 2015;
or (iii) to an establishment that has obtained approval for an alcoholic beverage
establishment from a land use board, and which land use board order is active and
has not expired, prior to May 21, 2015. Any increase to the approved hours of
operation shall meet the requirements of this subsection (a).
0) Notwithstanding the foregoing, outdoor motion picture theaters with accessory
outdoor bar counters may be permitted, including on rooftops, subject to conditional
use approval pursuant to chapter 118, article IV, and subject to the following
operational limitations:
a. The outdoor motion picture theater use shall front on Alton Road.
b. No television, radio, and/or recorded background music may exceed an
ambient volume level (i.e. a volume that does not interfere with normal
conversation). On rooftops, audio from motion picture presentations shall
only be delivered to patrons through individually-worn headphones.
c. Movie projectors and related equipment, as well as all theater screens or
displays, shall be oriented away from immediately neighboring residential
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areas, and projections may not be substantially visible from the right-of-way.
The projection system shall be designed so as not to negatively impact
adjacent residential areas.
d. Outdoor motion picture theaters shall be limited to no more than one (1)
screen or display per establishment.
e. Outdoor motion picture theaters shall commence operations no earlier than
4:30 p.m., and shall cease operations no later than 12:00 a.m. on weekdays
and 1:00 a.m. on weekends. Any accessory bar counter shall commence
operations no earlier than 4:30 p.m., and shall cease operations no later
than 11:00 p.m. on weekdays and 12:00 a.m. on weekends. The accessory
bar counter may be open and operational only during times when the theater
use is operational.
f. Outdoor motion picture theaters shall have no more than three (3) movie
showings per night.
g_ Any outdoor bar counter shall be located away from immediately
neighboring residential areas and shall not be substantially visible from the
right-of-way.
h. The area surrounding any bar counter in which alcoholic beverages may be
served shall be segregated to comply with the applicable requirements of
chapter 6 of this Code. Additionally, this bar area, as well as any area that
allows for the congregation of non-seated patrons, shall incorporate sound
attenuation devices in order to reduce the level of noise. Such sound
attenuation devices must be submitted as part of a sound study prepared
by a licensed acoustical engineer, peer reviewed, and presented to the
planning board as part of the review of the CUP application. The sound
study shall include methods of absorbing and or re-directing sound and
noise generated by ambient music and patron conversation.
L Theater seats shall be required at all times and shall not be removed from
the movie viewing areas during all times the business is open. This shall not
preclude the temporary removal of seats for cleaning and maintenance
purposes.
SECTION 3. Chapter 142 of the City Code, entitled "Zoning districts and regulations,"Article IV,
"Supplementary district regulations," Division 3, "Supplementary use regulations," is hereby
amended as follows:
ARTICLE IV.—SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 3. —SUPPLEMENTARY DISTRICT REGULATIONS
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* * *
Sec. 142-1109. —Accessory outdoor bar counters.
Accessory outdoor bar counters shall be prohibited as a main permitted use and shall only
be permitted as an accessory use to an outdoor motion picture theater fronting on Alton
Road as provided in section 142-310, an outdoor cafe with a minimum of 30 chairs, or as
an accessory use to a hotel pool deck. Accessory counters shall not be visible from any
point along the property line adjacent to a public right-of-way.
SECTION 4. Chapter 142 of the City Code, Article IV, "Supplementary district regulations,"
Division 5, "Height regulations," is hereby amended as follows:
DIVISION 5. — HEIGHT REGULATIONS
Sec. 142-1161.— Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4(single-family residential districts).
(a) The height regulations as prescribed in these land development regulations shall not apply
to the following when located on the roof of a structure or attached to the main structure.
For exceptions to the single-family residential districts, see subsection 142-105(e).
(1) Air conditioning, ventilation, electrical, plumbing equipment or equipment rooms.
(2) Chimneys and air vents.
(3) Decks, not to exceed three feet above the main roofline and not exceeding a
combined deck area of 50 percent of the enclosed floor area immediately one floor
below.
(4) Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, not intended for habitation or to extend interior habitable
space. Such structures shall not exceed a combined area of 20 percent of the
enclosed floor area immediately one floor below.
(5) Elevator bulkheads or elevator mechanical rooms.
(6) Flagpoles subject to the provisions of section 138-72.
(7) Parapet walls, not to exceed three and one-half feet above the main roofline unless
otherwise approved by the design review board up to a maximum of 25 feet in
height.
(8) Planters, not to exceed three feet in height above the main roofline.
(9) Radio, television, and cellular telephone towers or antennas, and rooftop wind
turbines.
(10) Stairwell bulkheads.
(11) Skylights, not to exceed five feet above the main roofline.
(12) Stage towers or scenery lofts for theaters.
(13) Swimming pools, whirlpools or similar structures,which shall have a four-foot wide
walkway surrounding such structures, not to exceed five feet above the main
roofline.
(14) Trellis, pergolas or similar structures that have an open roof of cross rafters or
latticework.
(15) Water towers.
(16) Bathrooms required by the Florida Building Code, not to exceed the minimum size
dimensions required under the Building Code, provided such bathrooms are not
visible when viewed at eye level (five feet, six inches from grade)from the opposite
7
side of the adjacent right-of-way; for corner properties. Such bathrooms shall also
not be visible when viewed at eye level (five feet, six inches from grade) from the
diagonal corner at the opposite side of the right-of-way and from the opposite side
of the side street right-of-way.
(17) Solar panels.
(18) Wind turbines on oceanfront properties.
(19) Sustainable roofing systems.
(20) Display or screen structures, proiection devices, lobby, concession space, and
sound attenuation and screening devices, any of which serve an outdoor movie
theater fronting on Alton Road as provided in section 142-310 of this chapter.
(b) The height of all allowable items in subsection (a) of this section, unless otherwise
specified, shall not exceed 25 feet above the height of the roofline of the main structure.
With the exception of items described in subsection (a)(17) and (a)(18) of this section,
when any of the above items are freestanding, they shall follow the height limitations of
the underlying zoning district(except flagpoles which are subject to section 138-72).
(c) Notwithstanding other provisions of these regulations, the height of all structures and
natural growth shall be limited by the requirements of the Federal Aviation Agency and
any airport zoning regulations applicable to structure and natural growth.
SECTION 5. 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 renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of
sections in conflict herewith be and the same are hereby repealed.
SECTION 7. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /6 day of 56 141 her , 202Q.
Dan Gelber
Mayor
ATTEST:
V--. )/ ()/7111,a a
Rafael E. Granado 6. ("J;„
City Clerk '�\�..'. f C;.-,
kl tiCOR1 ORATED;
• <�
First Reading: July 29, 2020
Second Readin.. ; Sept,mb 4,r/., 2020
Verified by: _ ,, A
Thomas Mosney,
Planning Director
APPROVED AS TO FORM AND
LANGUAGE AN FOR EXECUTION
City Attorney 1.) -. Date
T:\Agenda\2020\09 September 16\Planning\Sep 16 2020 Ordinances final vesion-Word document\CD-2 Outdoor Movie Theaters-
ADOPTED ORD.docx
9
Ordinances- R5 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 16,2020
5:12 p.m. Second Reading Public Hearing
SUBJECT:CD-2 ALTON ROAD OUTDOOR MOVIE THEATERS
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, BY AMENDING CHAPTER 6, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL,"
SECTION 6-4, ENTITLED "LOCATION AND USE RESTRICTIONS," IN
ORDER TO PERMIT OUTDOOR MOTION PICTURE THEATERS
FRONTING ON ALTON ROAD TO SELL AND/OR OFFER ALCOHOLIC
BEVERAGES FOR CONSUMPTION; BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," SECTION 142-305, "PROHIBITED USES," AND
SECTION 142-310, ENTITLED "SPECIAL REGULATIONS FOR ALCOHOL
BEVERAGE ESTABLISHMENTS," TO PROVIDE REGULATIONS FOR
OUTDOOR MOTION PICTURE THEATERS AND ACCESSORY OUTDOOR
BAR COUNTERS; BY AMENDING ARTICLE IV, DIVISION 3, SECTION 142-
1109, ENTITLED "ACCESSORY OUTDOOR BAR COUNTERS," TO PERMIT
OUTDOOR BAR COUNTERS AS AN ACCESSORY USE TO OUTDOOR
MOTION PICTURE THEATERS; AND BY AMENDING DIVISION 5, "HEIGHT
REGULATIONS," SECTION 142-1161, ENTITLED "HEIGHT REGULATION
EXCEPTIONS," TO AMEND THE LIST OF HEIGHT EXCEPTIONS; 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 February 12, 2020, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item to the Land Use and Sustainability Committee (Item C4 X),
pertaining to outdoor movie theatres on Alton Road. The item was discussed at the February
18,2020 LUSC meeting and continued to March 17,2020 with the following direction:
1. The item proposer shall engage in community outreach to gauge public and neighborhood
support for the proposal.
Page 827 of 1855
2.A C4 referral item shall be placed on the March 18, 2020 agenda of the City Commission, to
refer an ordinance to the Planning Board that would permit outdoor theater uses along the west
side of Alton Road.
The March 17, 2020 LUSC meeting was cancelled. The LUSC reviewed the proposal on May
6, 2020 and recommended that the City Commission discuss the proposed ordinance and
proposal. The LUSC did not make a formal recommendation.
On May 13, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred
the item to the Planning Board (item R9 B).
ANALYSIS
PROPOSAL
The developer of the 1212 Lincoln Road project, which is located on the west side of Alton Road,
from 16th Street to Lincoln Road, is proposing to introduce a roof-top, outdoor movie theater use,
with an accessory outdoor bar.The developer has proposed the following operational components:
• A single screen theater with up to 3 showings each evening; movies would commence once it is
dark.
• A concession stand with food and beverage, similar to an indoor movie theater.
• The hours of operation are 5:00 pm to 12:00 midnight on weekdays and 5:00pm to 1:00 am on
weekends. The outdoor bar counter would cease operations at 11:00 pm on weekdays and
12:00 midnight on weekends.
• The theater seats 250 persons, using both single seats and couch seats.
• The sound of the movie is heard only through headsets.
• According to the proposer, all the parking spaces proposed to be converted to theater area are
excess, surplus parking and not required parking; this will need to be confirmed by the City.
• Food preparation is proposed to take place in the restaurant downstairs, but sales, including
table service,will occur upstairs.
Under the current regulations of the City Code, the proposed use is not permitted on the roof top
of a structure on the west side of Alton Road. Specifically, the Mon Road corridor, which includes
properties on the west side of Mon Road and east of Mon Court, between 14th Street and
Collins Canal, has explicit regulations pertaining to roof-top uses and alcoholic beverage
establishments, and the proposal herein is inconsistent with some of the current regulations.
It should also be noted that an outdoor movie theater meets the definition of an outdoor
entertainment establishment. As such, pursuant to section 142-303 of the LDR's, conditional use
approval from the Planning Board would be required (with or without an accessory outdoor bar).
Additionally, pursuant to section 142-304 of the LDR's, the accessory outdoor bar counter
proposed would not be permitted to operate past 12:00 midnight.
In order to allow for the proposed outdoor theater use at the subject location, the developer
drafted the attached ordinance, which proposes to amend sections 142-305, 142-310, 142-1109
and 142-1161 of the LDRs, as well as section 6-4 of the City Code, in order to allow for an
outdoor movie theater use with an accessory outdoor bar. The following is a summary of the
specific code sections presented to the Planning Board that are proposed to be amended:
Sec. 142-305.—Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor bar
Page 828 of 1855
counters, except as provided in section 142-310. or in article IV, division 2 of this chapter and in
chapter 6. Except as otherwise provided in these land development regulations, prohibited uses
in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood, generally
bounded by Purdy Avenue, 20th Street, Mon Road and Dade Boulevard, also include hostels,
outdoor entertainment establishments, neighborhood impact establishments, open air
entertainment establishments, bars, dance halls, and entertainment establishments (as defined in
section 114-1 of this Code).
Sec. 142-310. -Special regulations for alcohol beverage establishments.
(8) Notwithstanding the foregoing. outdoor motion picture theaters with accessory outdoor
bar counters may be permitted. including on rooftops, subject to conditional use approval
pursuant to chapter 118. article IV. and subject to the following operational limitations:
a. The use shall front on Alton Road.
a. NQ television.radio.and/or recorded background music may exceed an ambient volume level(i.e.
a volume that does not interfere with normal conversation). On rooftops. audio from motion
picture presentations shall be delivered to patrons only through indjyjlually-worn headphones.
a. Movie projectors and related equipment. as well as all theater screens or displays. shall be oriented
away from immediately neighboring residential areas and projections may not be substantially
visible from the right-of-way. The projection system'shall be designed so as not to negatively
impact adjacent residential areas.
a. Outdoor motion picture theaters shall cease operations no later than 12:00 a.m. on weekdays and
1:00 a.m. on weekends. Any accessory bar counter shall cease operations no later than 11:00 p.m.
on weekdays and 12:00 a.m. on weekends. The accessory bar counter may be open and
operational only during times when the theater use is operationaL
a. Any outdoor bar counter shall be located away from immediately neighboring residential areas and
may not be substantially visible from the right-of-way.
a. The area surrounding any bar counter in which alcoholic beverages may be served shall be
segregated to comply with the applicable requirements of chapter 6 of this Code. and shall
incorporate sound attenuation devices in order to reduce the level of noise,
a. Theater seats shall be required at all times and shall not be removed from the movie viewing areas
during all times the business is open. This shall not preclude the temporary removal of seats for
cleaning and maintenance purposes.
Sec. 142-1109.—Accessory outdoor bar counters.
Accessory outdoor bar counters shall be prohibited as a main permitted use and shall only be
permitted as an accessory use to an outdoor motion picture theater fronting on Alton Road as
provided in section 142-310. an outdoor cafe with a minimum of 30 chairs or as an accessory
use to a hotel pool deck. Accessory counters shall not be visible from any point along the
property line adjacent to a public right-of-way.
Section 142-1161 —Height Exceptions.
Page 829 of 1855
The following new text is proposed:
For all districts, except RS-1, 2, 3 and 4(single-family residential districts).
** *
(20) Display or screen structures. projection devices. lobby. concession space. and
sound attenuation and screening devices, serving an outdoor movie theater fronting on
Mon Road as provided in section 142-310 of this chapter.
Sec. 6-4. -Location and use restrictions.
The following modified text is proposed:
(4) Motion picture theaters. No alcohol beverages shall be sold or offered for consumption in any
motion picture theater, or in any room opening directly or indirectly into or in connection with any
motion picture theater, except alcohol beverages may be served in motion picture theaters (i) of at
least 15,000 square feet in total floor area, (ii) containing at least 300 permanent auditorium
seats, and (iii)which are located in CD-3 commercial, high intensity districts.Additionally. alcohol
beverages may be sold or offered for consumption in outdoor motion picture theaters fronting
Alton Road that meet the requirements of section 142-310. and article IV. division 2 of this
chapter. Notwithstanding chapter 142, article 5, division 6 of the city Code,a an indoor motion
picture theater in which the sale and consumption of alcohol beverages is permitted shall not be
considered a neighborhood impact establishment. Motion picture theaters shall not be permitted
to operate between the hours of 3:00 a.m. and 8:00 a.m., except that motion picture theaters may
apply for up to three special event permits from the city per calendar year to operate during such
hours. This section shall not relieve any person, entity or establishment from the restrictions
contained in chapter 6, article II or the land development regulations of the city Code.
iii. Designated alcohol beverage consumption areas, including concession and cafe
areas, and those specific auditoriums in which alcohol beverages may be served and
consumed, must be clearly designated as such and separated from the remainder of
the theater by a barrier or other physical demarcation. All alcohol beverages must be
served from within the designated alcohol beverage consumption areas, and no
alcohol beverages may be consumed or carried beyond the boundary limits of the
designated alcohol beverage consumption areas. Access to the designated alcohol
beverage consumption areas is restricted to patrons who can present a valid
identification for inspection demonstrating they are 21 years of age or older.This
restriction shall not apply to outdoor motion picture theaters fronting Alton Road that
meet the requirements of section 142-310. and article IV.division 2 of this chapter.
***
(10) Entertainment establishments. The minimum distance separation between entertainment
establishments licensed to sell alcohol beverages, and not also operating as restaurants with full
kitchens and serving full meals, shall be 300 feet. The provisions of this paragraph shall not apply
to outdoor motion picture theaters fronting Mon Road that meet the requirements of section 142-
310,
PLANNING ANALYSIS
The concept of an outdoor, roof-top movie theater venue is intriguing, as it would provide a unique
and forward-thinking level of roof-top activation. Additionally, with the use of individual headphones,
Page 830 of 1855
the negative impacts of spillover noise are reduced. Any proposed rooftop movie theater would be
subject to the conditional use process and design review process. In addition to the criteria in the
proposed ordinance, the application would have to comply with the conditional use criteria which
serves to minimize any potential impacts from the use.
Regarding the specific proposal atm 1212 Lincoln Road, and based upon the information provided by
the developer to date, staff identified the following areas that will require more information and/or
further development: •
1. According to the Building Permit for the main building (81505070)only 20 parking spaces are
excess/surplus parking. A detailed roof top plan and floor plans for the proposal will be needed,
in order to verify whether the operational attributes of theater utilize more than 20 parking spaces.
Such roof plan will need to clearly delineate all of the components of the proposed theater,
including, but not be limited to seating, café space, bar counter, concession areas, restrooms and
all points of access. If more than 20 parking spaces are needed for the theater operation, an
additional amendment to Chapter 130 may be required.
2. The location and operation of the accessory bar component of the proposal needs to be
further studied, in order to prevent the venue from becoming an outdoor bar with an accessory
theater use. To this end, it is suggested that the bar component be located closer to the east side
of the roof, and that the areas for outdoor bar congregation and theater seating be segregated
and tightly controlled. The proposed amendment requires that the location of these components
be located away from the neighboring residential areas. However, as part of the conditional use
process, any potential impacts must be verified.
3. The location of the movie screen should be placed on the west side of the roof top, with the
projection facing east. The proposed ordinance requires that this component be oriented away
from the neighboring residential areas and that it not be substantially visible from the public right
of way. However,this must be verified as part of the conditional use process.
The proposed regulations would allow for the development of a roof-top theater, while ensuring that
the quality of life for nearby residents is not negatively impacted. The conditional use and design
review processes provide additional safeguards and opportunities for public input.
PLANNING BOARD REVIEW
On June 24, 2020 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. The Planning Board also
recommended the following modifications:
1. Outdoor motion picture theaters shall be limited to no more than one (1) screen or display per
establishment.
•
2. The outdoor motion picture theater and accessory bar shall commence operations no earlier than
4:30 p.m.
3. Outdoor motion picture theaters shall have no more than three(3)movie showings per night.
The recommendations of the Planning Board are included in the draft ordinance for adoption.
UPDATE
Page 831 of 1855
The subject ordinance was approved at first reading on July 29, 2020. The City Commission, at the
request of Vice Mayor Mark Samuelian, requested that the City Attorneys Office and the
administration work with him to bring back amenments at second reading regarding the boundaries of
the proposal, as well as the impact on the surrounding area.
The adminmistration and the City Attorney met with Vice Mayor Samuelian, and the following is
proposed for consideration:
1. Sound Attenuation. An amendment to Sec. 142-310(a)(8)h as follows:
h.The area surrounding any bar counter in which alcoholic beverages may be served shall be
segregated to comply with the applicable requirements of chapter 6 of this Code. Additionally
this bar area. as well as any area that allows for the congregation of non-seated patrons, shall
incorporate sound attenuation devices in order to reduce the level of noise. Such sound attenuation
devices must be submitted as part of a sound study prepared by a licensed acoustical engineer. peer
reviewed. and presented to the planning board as part of the review of the CUP application. The
sound study shall include methods of absorbing and or re-directing sound and noise generated by
ambient music and patron conversation.
2. Geographic Area. Since we are amending Alton Road Overlay area (west side only), we could
not expand to the east(it would be 1 block only). Rather than amending the geographic boundary of
the ordinance at 2nd reading on September 16, if the ordinance is adopted a separate referral to the
Planning Board to amend the boundaries(16th to Collins Canal)would be made. Since this would be
a new, separate referral, we could do the 30 day notice for either the October 2020 or November
2020 Planning Board and zoning in progress would initiate once the Planning Board transmits the
ordinance with a favorable recommendation. First reading would likely be at the December 2020 City
Commission meeting. We are not aware of another movie theatre operator that would come in prior to
October/November PB. This would allow the existing ordinance to move forward w/o a re-notice.
3. Look-Back. As part of the adoption of the ordinance, the administration would be directed to
provide the City Commission with a status update on the ordinance within one year, via LTC. This
would be in addition to any and all progress reports and updates that may be required by the
Planning Board under a future CUP.
The administration has no objection to any of the above noted proposals.
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
Page 832 of 1855
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Amide
ATTACHMENTS:
Description
❑ Form Approved ORD
❑ Ad
Page 833 of 1855
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Page 842 of 1855