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Ordinance 2020-4379 R-RS4 Accessory Use Amendments for NIE ORDINANCE NO. 2020-4379 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-693, ENTITLED "PERMITTED USES," TO PERMIT NEIGHBORHOOD IMPACT ESTABLISHMENTS AS A CONDITIONAL USE WHEN SUCH USE IS AN ACCESSORY TO OCEANFRONT APARTMENT BUILDINGS WITH 300 UNITS OR MORE, AND TO FURTHER PERMIT SUCH NEIGHBORHOOD IMPACT ESTABLISHMENTS APPROVED BY THE PLANNING BOARD AS A CONDITIONAL USE TO OPERATE OPEN AREAS ABOVE THE GROUND FLOOR WITH A MAXIMUM PATRON- OCCUPANT LOAD OF 250 PERSONS, SUBJECT TO SPECIFIC USE LIMITATIONS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL COMMUNITIES, AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City seeks to encourage investment in restaurants and social dining; and WHEREAS, the current R-PS4 regulations permit neighborhood impact establishments in on a limited basis; and WHEREAS, the current R-PS4 Zoning District regulations limit the patron-occupant load of areas above the ground floor to 40 persons; and WHEREAS, certain properties in the R-PS4 district are large enough to accommodate occupancies that meet the definition of neighborhood impact establishment and operate with a patron-occupant load of more than 40 persons above the ground floor; 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," at Article II, entitled "District Regulations,"at Division 18, entitled"PS Performance Standard District"of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS 1 Page 564 of 1430 ARTICLE II. DISTRICT REGULATIONS * * * DIVISION 18. PS PERFORMANCE STANDARD DISTRICT * * * Sec. 142-693. Permitted uses. (a) The following uses are permitted in the performance standard districts: General Use R-PS R-PS C-PS RM-PS1 Category 1, 2 :3, 4 1, 2, 3, 4 P Single-family; townhome; :Apartment apartment; apartment P P P •hotel hotel pursuant to section • not 142-1105 of this chapter permitted Hotel and suite hotels pursuant to section 142- 'N P P N 1105 of this chapter Not ;permitted in C-PS1, Hostel, pursuant to C-PS2, section 142-1105 of this N ,N Permitted chapter in C-PS3 land C- PS4 Commercial N N P 8% of floor area Institutional C C C 1.25% of 'floor area P* Accessory outdoor bar counters, provided that North of the accessory outdoor N N 5th Street N bar counter is not only. 2 Page 565 of 1430 operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an apartment unit, the accessory outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m. Entertainment establishments, outdoor entertainment N N N N establishments, and open air entertainment establishments N However, in the R-PS4 district, this use is permitted, as an accessory use in oceanfront hotels with 250 or more hotel units, as a conditional use. Access to the establishment entrance Neighborhood impact N shall be only from the establishments interior lobby of the C N hotel and not from the street. In addition, in the R-PS4 district, this use is also permitted as an accessory use to an oceanfront apartment building with more than 300 units that is adjacent to a park, as a conditional use, provided that the 3 Page 566 of 1430 accessory use is located in a separate building from the primary use, and the accessory use is a minimum of 8,000 square feet in size. P* Alcoholic beverage establishments pursuant to the regulations set * p* P* Accessory forth in chapter 6 P are prohibited in the RPS-1 district, 'unless otherwise specified. P—Main permitted use C—Conditional use N—Not permitted *—Accessory use only Floor area in the RM-PS1 district refers to total floor area in project. Commercial uses in RM-PS1 limited to stores and restaurants. (b) For purposes of this section, a car wash, filling station and any use that sells gasoline, automobiles or automotive or related repair uses are considered as industrial uses and are not permitted in the redevelopment area. (c) For purposes of this section, pawnshops and dance halls and entertainment establishments are not permitted as a main permitted or accessory use south of Fifth Street. (d) In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants or bars that serve alcohol shall be limited to a maximum of 1.25 seats per hotel or apartment unit for the entire site.The patron occupant load, as determined by the planning director or designee,for all accessory restaurants and bars that serve alcohol on the entire site shall not exceed 1.5 persons per hotel and/or apartment unit. For a hotel or apartment property of 20 units or more, but less than 32 units, the restaurant or bar may have a maximum of 40 seats in the aggregate on the site. The number of units shall be those that result after any renovation. (e) Commercial and noncommercial parking lots and garages shall be considered as a conditional use in the R-PS1, 2, 3 and 4 districts. 4 Page 567 of 1430 (f) Video game arcades shall be considered as a conditional use in the C-PS1, C- PS2, C-PS3, and C-PS4 districts. (g) New construction of structures 50,000 square feet and over in the C-PS1, 2 3, and 4 districts (even when divided by a district boundary line) shall be considered as a conditional use, which review shall be the first step in the process before the review by any of the other land development boards. (h) Religious institutions in R-PS1-4 and C-PS1-4 districts shall be permitted as a matter of right up to 199 occupancy, and over that occupancy shall be a conditional use. (i) Additional regulations for alcoholic beverage establishments located south of 5th Street. (1) The following additional regulations shall apply to alcoholic beverage establishments, whether as a main use, conditional use, or accessory use, that are located south of 5th Street: (i) Operations shall cease no later than 2:00 a.m., except as otherwise provided herein. (ii) Operations in outdoor or open air areas of an alcoholic beverage establishment shall cease no later than 12:00 a.m., except as otherwise provided herein. (iii) Alcoholic beverage establishments with sidewalk cafe permits shall only serve alcoholic beverages at sidewalk cafes during hours when food is served, shall cease sidewalk cafe operations no later than 12:00 a.m. (except as otherwise provided herein), and shall not be permitted to have outdoor speakers. (iv) Outdoor bar counters shall be prohibited. (v) No special events permits shall be issued. (vi) The provisions of this subsection (i)(1) shall not apply, to the extent the requirements of this subsection are more restrictive, to an alcoholic beverage establishment with a valid business tax receipt that is in application status or issued prior to June 28, 2016; or 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 June 28, 2016. A. Existing sidewalk cafes issued a sidewalk cafe permit as of June 28, 2016, for alcoholic beverage sales after 12:00 a.m., with food service, may continue to be renewed, but shall not serve alcoholic beverages later than 1:30 a.m., and alcoholic beverages may not be consumed at sidewalk cafes after 2:00 a.m. B. Should an alcoholic beverage establishment with a sidewalk cafe permit under (A), above, be delinquent in a payment obligation to the city, and/or receive two final adjudications of violations of section 12-5 (special event permit), section 46-152 (noise ordinance), or chapter 82, article IV, division 5 (sidewalk cafe ordinance),that alcoholic beverage establishment shall only be allowed to serve alcoholic beverages at its sidewalk cafe until 12:00 a.m. for a 12-month period. (2) Notwithstanding the uses permitted in (a) and (d) above, in all districts except GU, Government Use District, no alcoholic beverage establishment, or restaurant, may be licensed or operated as a main permitted, conditional, or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) located south of 5th Street, Except that: 5 Page 568 of 1430 (i) Outdoor restaurant seating above the ground floor, not exceeding 40 seats, associated with indoor venues (except as provided under (iii) below) may be permitted until 8:00 p.m. (ii) Outdoor music, whether amplified or nonamplified, and television sets shall be prohibited. (iii) Oceanfront hotels in the R-PS4 district. For purposes of this subsection (iii), eastward-facing oceanfront portions of an open-air seating area shall be limited to the open area 50 feet west of the eastern boundary of the above-ground structure. A. Oceanfront hotels in the R-PS4 district with at least 200 hotel units may have no more than 100 outdoor restaurant seats in open-air seating areas on one level that are located above the ground floor, of which at least half shall be located on eastward-facing oceanfront portions of an open-air seating area, at which patrons shall be seated no later than 12:00 a.m., and the seating area shall be closed to the public no later than 1:30 a.m. Patrons shall not be seated in the remainder of any open-air seating areas in a particular hotel later than 11:00 p.m., and such seating areas shall be closed to the public no later than 12:00 a.m. Seating on the main roof shall not be permitted under any circumstances. B. Oceanfront hotels in the R-PS4 district with at least 100 hotel units, but less than 200 hotel units, may have no more than 50 outdoor restaurant seats in eastward-facing oceanfront portions of open-air seating areas that are located on one level above the ground floor, at which patrons shall be seated no later than 12:00 a.m., and the seating area shall be closed to the public no later than 1:30 a.m. Seating on the main roof shall not be permitted under any circumstances. (iv) Oceanfront apartment buildings in the R-PS4 district. Accessory uses, with a minimum square footage of 8,000 square feet, approved as a conditional use to oceanfront apartment buildings with more than 300 units, located adjacent to a park and in a separate building from the primary use, shall be permitted subject to the following restrictions: a. A maximum patron-occupant load of no more than 250 individuals may be permitted on an open level above the ground floor.The patron-occupant load shall be determined by the Fire Marshall; b. The open level above the ground floor shall not be occupied later than 8:00 PM each night: c. Outdoor music and television sets, whether amplified or nonamplified, shall be prohibited in any open level above the around floor; d. Outdoor bar counters shall be prohibited; e. Special event permits are prohibited: f. Notwithstanding the prohibition set forth in 142-693(i)(2), alcoholic beverages may be served in this open level above the ground floor permitted by this subsection until 8:00 PM each night: and gg Any open area above the ground floor shall only be open when the restaurant is open and serving full meals. 6 Page 569 of 1430 h. With'regard to ground floor outdoor areas the following restrictions shall apply: i. Outdoor bar counters shall be prohibited., ii. No special event permits may be issued for this area; iii. This area shall not be occupied later than 12:00 AM midnight each night. i. With regard to the interior area of a separate accessory use building, as defined herein, the following restrictions shall apply: i. The area shall not be occupied past 2:00 AM; ii. No special event permits may be issued for this area. (v_) Other than as permitted in subsection (i)(2)(iii), no commercial activity may be permitted on areas as described in this subsection (i)(2) between the hours of 8:00 p.m. and 10:00 a.m. (Itil Nothing herein shall prohibit residents of a multifamily(apartment or condominium) building, or hotel guests and their invitees to use these areas as described in this subsection (i)(2), which may include a pool or other recreational amenities, for their individual, personal use. (3) Any increase to an alcoholic beverage establishment's approved hours of operation shall meet the requirements of this section. (4) Variances from this subsection (i) shall not be permitted. Special events shall not be permitted. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 7 Page 570 of 1430 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 28 day of AWieder 2020. PASSED and ADOPTED this If day of 49Vim r , 2020. ,... Q' i IN(MP ORATED. - Dan Gelber '44.. ' Mayor ATTEST: "4R ® 4z-'' isA411—fifissui Rafa E. Granado City Clerk First Reading: September 16, 2020 Second Reading: October 1 020 r Verified By: Thomas R. Moon= AICP Planning Director APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION City Attorney l 1� Date T:\Agenda\2020\09 September 16\Planning\RPS-4 Accessory Use N1E-First Reading ORD.docx 8 Page 571 of 1430 Ordinances-R5 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 18, 2020 5:08 p.m. Second Reading Public Hearing SUBJECT: R-PS4 ACCESSORY USE AMENDMENTS FOR NIE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142- 693, ENTITLED "PERMITTED USES," TO PERMIT NEIGHBORHOOD IMPACT ESTABLISHMENTS AS A CONDITIONAL USE WHEN SUCH USE IS AN ACCESSORY TO OCEANFRONT APARTMENT BUILDINGS WITH 300 UNITS MORE, AND TO FURTHER PERMIT SUCH NEIGHBORHOOD IMPACT ESTABLISHMENTS APPROVED BY THE PLANNING BOARD AS A CONDITIONAL USE TO OPERATE OPEN AREAS ABOVE THE GROUND FLOOR WITH A MAXIMUM PATRON-OCCUPANT LOAD OF 250 PERSONS, SUBJECT TO SPECIFIC USE LIMITATIONS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL COMMUNITIES, 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 Commissioner Ricky Arriola, the City Commission referred an ordinance amending the regulations for Neighborhood Impact Establishments (NIE)in the R- PS4 district to the Land Use and Sustainability Committee (LUSC) and the Planning Board (Item C4 B). On July 21, 2020 the LUSC discussed the proposal and recommended that the Planning Board transmit the proposed ordinance to the City Commission with a favorable recommendation. ANALYSIS PLANNING ANALYSIS The attached ordinance has been prepared on behalf of Oche, a dart club from Norway, who Page 561 of 1430 recently signed a lease to operate in the space formerly occupied by CI BO at the intersection of South Pointe Drive and Ocean Drive. Oche is requesting amendments to the land development regulations within the RPS-4 zoning district in order to be able to operate as a Neighborhood Impact Establishment(NI E)in the space. Although Oche does not have an entertainment component, it is an alcoholic beverage establishment with an occupational content that is over 300 persons. Under the City code, any venue serving alcohol that has an occupational content greater than 300 persons falls under the definition of an NI E. I n the RPS-4 district, NI E's are generally prohibited. In order to allow for Oche to operate, the amendments are proposed to allow an NI E for accessory uses approved as a conditional use in the RPS-4 district. Specifically, accessory uses approved as a conditional use to oceanfront apartment buildings with more than 300 units, located adjacent to a park and in a separate building from the primary use with a minimum square footage of 8,000 square feet would be subject to the following restrictions: 1. A maximum patron-occupant load of no more than 250 individuals located on an open level above the ground floor. The patron-occupant load shall be determined by the Fire Marshall; 2. The open level above the ground floor shall not be occupied past 8:00 PM; 3. Outdoor music and television sets, whether amplified or nonamplified, shall be prohibited in open level above the ground floor; 4. Outdoor bar counters shall be prohibited; 5. Special event permits are prohibited; 6. Notwithstanding the prohibition set forth in 142-693(i)(2), alcoholic beverages are permitted in this open level above the ground floor permitted by this subsection until 8:00 PM; 7.Any open area above the ground floor shall only be open when the restaurant is open serving full meals. 8. With regard to ground floor outdoor areas the following restrictions shall apply: a. Outdoor bar counters shall be prohibited; b. There shall be no issuance of any special event permit for this area; c. This area shall not be occupied past 12:00 AM midnight. 9. With regard to the interior area of this separate accessory use building, as defined herein, the following restrictions shall apply: a. The area shall not be occupied past 2:00 AM; b. There shall be no issuance of any special event permit for this area. The administration is supportive of this limited amendment, as it would allow for an existing space to operate in accordance with the built-out design. Absent this amendment, the space would have to be subdivided into separate, smaller uses, in order to serve alcohol, or utilized as a large retail space. PLANNING BOARD REVIEW Page 562 of 1430 On August 25, 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. UPDATE The subject ordinance was approved at first reading on September 16, 2020 with no changes, and second reading was set for October 14, 2020. On October 14, 2020 second reading of the ordinance was opened and continued to November 18, 2020. 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 Commissioner Ricky Arcola ATTACHMENTS: Description ❑ Ordinance ❑ Ad Page 563 of 1430 • • SUNDAY NOVEMBER l 2010 I NEIGHBORSI 27NE MIAMIHERALD.COM MIAMI BEACH AA.IAM.IBEACH CITY OF MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ORDINANCE AMENDING RENTAL PROHIBITION ORDINANCE AMENDING THE RPS-4 (RESIDENTIAL OF CERTAIN MOTOR VEHICLES PERFORMANCE STANDARD) DISTRICT NOVEMBER 18, 2020 CITY COMMISSION MEETING ACCESSORY USE FOR NEIGHBORHOOD IMPACT As society returns to anew.normal,the City of Miami Beach will host a hybrid Commission meeting on ESTABLISHMENTS (NIE) November 18,2020.The Mayor and at least four Commissioners will be physically present in a socially distanced NOVEMBER 18, 2020 CITY COMMISSION MEETING marcher al the Commission Chamber,Third Floor.City Hall,1700 Convention Center Drive,Miami Beach.Florida. (Note that this location is subject to change.please contest the Office of the City Clerk tar possible updates.) As society returns to a"new-normal:the City of Miami Beach will hast a hybrid Commission meeting on Members of the public may comment en any Item on the agenda trail('the Zoom platform.Members at the publle November 18,2020.The Mayor and al least lour Commisdoners will be physically present in a socially distanced wanting to participate virtually may do so via video conferencing.To participate or provide comments virtually, manner at the Commission Chamber.Third Floor,City Halt 1700 Convention Center Drive.Miami Beech,Florida. the public may join the City Commission Meering at:https://mfamibeachl4gw.zoram.us/jl86076255237 or via (Note that this location la aubiect to change.please contact the Office of the City Clerk for possible updales.j telephone at 1.301.715.8592(U.S.)or 877.853.5257(Toll Freel.The Webinar ID Is:86076255237e.Members at Members of the public may comment on anY item art the agenda using the Zoom platform,Members of the public the public wanting to virtually speak on an item during the Cily Commission Meeting,must click the-raise hand' wanting to participate virluatty may do so vie video conferencing.To participate or provide comments virtually. icon if using the Zoom app or press.9 on the telephone to raise their hand. the public may loin the City Commission Meeting at haps:/lmiamibeache-goy.zaam.us/j/66076255237 or via NOTICE IS HEREBY GIVEN that the following Second Reading/Public Hearing will be heard by the Mayor lntephone of 1,301.715.8592(U.S.)or 877.853,5257(Toll Free).The Milliner 10 Is:86076255237n.Members of and City Cammisdanera of the City of Miami Beach.Florida,on November 18,2020 at the following lime,or as the publle wanting to virtually speak on an Item during the City Commission Meeting,must click the'raise hand' Icon if tieing the Zoom app or Areas 49 on the telephone to rolee(heir hand. soon thereafter as the matter can be heard: NOTICE IS HEREBY GIVEN Thal the following Second Reading/Public Hearing will ba heard by the Mayor 110 a m First Romaine Public Hearing and City Commissioners of the City of Miami Beach,Florida,on November 1a,2020 at the following lime.or as RENTAL PROHIBITION OF CERTAIN MOTOR VEHICLES soon thereafter as the matter can be heard: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING amen dR edlna Public Heerina CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,ENTITLED'ZONING DISTRICTS AND R.PS4 ACCESSORY USE AMENDMENTS FOR NIE REGULATIONS,'BY AMENDING ARTICLE I,ENTITLED-GENERAL TO ALL ZONING DISTRICTS.'BY CREATING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING SECTION 142-3,ENTITLED-RENTALS OR LEASES OF IDENTIFIABLE VEHICLES THAT ARE POWERED BY A THE CODE OF THE CITY OF MIAMI BEACH.SUBPART B,ENTITLED'LAND DEVELOPMENT REGULATIONS,' MOTOR PROHIBITED IN THE CITY Of MIAMI BEACH,'WHICH SHALL PROHIBIT PERSONS AND BUSINESS BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED-ZONING DISTRICTS AND REGULATIONS.' ENTRIES FROM ENGAGING IN THE RENTAL OR LEASE OF CERTAIN IDENTIFIABLE VEHICLES(WHICH SHALL ARTICLE II,ENTITLED'DISTRICT REGULATIONS,'DIVISION 16,ENTITLED'PS PERFORMANCE STANDARD INCLUDE,BUT NOT BE LIMITED TO MOPEDS,MOTORIZED BICYCLES.GOLF'CARTS AND LOW SPEED DISTRICT,'BY AMENDING SECTION 142-693.ENTITLED'PERMITTED USES,'TO PERMIT NEIGHBORHOOD VEHICLES);AND ESTABLISHING THOSE RESPECTIVE DEFINITIONS FOR SUCH PROHIBITED IDENTIFIABI E IMPACT ESTABLISHMENTS AS CONDITIONAL USE WHEN SUCH USE IS AN ACCESSORY TO OCEANFRONT VEHICLES;AND PROVIDING FOR REPEALER,SEVERABILITY.CODIFICATION,AND AN EFFECTIVE DATE. APARTMENT BUILDINGS WITH 300 UNITS MORE,AND TO FURTHER PERMIT SUCH NEIGHBORHOOD IMPACT ESTABLISHMENTS APPROVED BY THE PLANNING BOARD AS A CONDITIONAL USE TO OPERATE OPEN This Ordinance is being heard pursuant to Section 205 at the City Charter,Section IIB-166 OF THE Cay's Land AREAS ABOVE THE GROUND FLOOR WITH A MAXIMUM PATRON-OCCUPANT LOAD OF 250 PERSONS, Development Code,and 5106.041 F.S.Inquiries may be careered to the Planning Department at 305673.7550 or SUBJECT TO SPECIFIC USE LIMITATIONS INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL the Office of the City Attorney al 305.673.7730. COMMUNITIES.AND PROVIDING FOR CODIFICATION.REPEALER.SEVERABILITY,AND AN EFFECTIVE DATE. INTERESTED PARTIES are invited to take part in this meeting ar be represented by an agent.The public may This Ordinance rs being heard pursuant to Section 119-184 or the City's Land Development Code.Ingltiries maybe submit written comments by sending an enrol to:CityClerkRmlamibeachll.gov by 5:00 p.m.the day before the City areared to the Planning Deparrmenr at 305.673.7550. Commlestpn Meeting.Please identity the Agenda Item Number In the email subject line.Enrolls received will be INTERESTED PARTIES are Invited to lake earl in this meeting or be represented by an agent.The public may forwarded to the Mayor and Commissioners and will be Included as a part of the meeting record. submit written comments by sending an enroll lo:CltyCierktmlamlbaechtlgav by 5:00 p.m.the day before the City Copiers Of Agenda Item,are available for public Inspection at mlps:l/www.mlamlbeach0.gov/cltyimllr Commission Meeting.Please identify the Agenda Item Number In the email subject line.Smalls received will be Utycterkragenda-archlvemair.page-21.This meeting.or any Ilam thereln,may be continued,and under such forwarded to the Mayor and Commissioners and wilt be Included as a part of the meeting record. Caples of Agenda Items are available for public Inspection at htlpa:lwvw,mlamlbeachll.gavlcltyWall/ circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat..the City hereby advises Ute public that II a person derides to ally-clerk!agenda-archNe-main-page-2/.This meeting,or any Item therein,may be continued,and under such circumstances,eddalonat legal notice need not be Provided. appeal any decision made by the Cily Commission with respect to any manor considered at Its meeting or Its pursuant to Section 286.0105,Fla.Stat.,the Cay hereby advises the public mat if a parson decides to hearing,such person mull ensure that a verbatim record of the proceedings Is made,which record Includes appeal any derision made by the City Commission with reaped la any matter conoidered at its meeting or its the testimony and evidence upon which the appeal Is to be based.This notice does not constitute consent by hearing,such person must ensure that a verbatim record of the proceedings Is made,which record Includes the City for the Introduction or admiosion of otherwise Inadnsadble or Irrelevant evidence.nor does it authorize the testimony and evidence upon which the appeal Is Io be based.This notice does not constitute consent by challenges ar appeals nal otherwise allowed by law. the Cily for the Introduction or admission of otherwise inadmissible or irrelevant evidence,nor does R authorize To request this material in alternate formal.sign language interpreter(Me-day notice required).information challenges ar appeals not otherwise allowed by law. on access for persons with dlsabilllles,andror any accommodation to review any document or participate In any To request this material in alternate format,sign language Interpreter(nve-day notice requited),Information, City-sponsored proceedings,cal 305.604.2489 and select I far English or 2 for Spanish,then option 6;TTY on access for persons with disabilities,andror any accommodation la review any document or participate In any users may call via 711(Florida Relay Service). COYaponsared proceedings.call 305.604.2485 and select 1 for English or 2 for Spanish.than option 6;TTY users may cat vet (Florida Relay Service). The City Commission Meeting Mn be broadcast live on Miami Beach TV(WV)..viewable on the Clly's 7t1 website at hnps://www.mlam(beachflgov/government/mbty/,as well a,an AIIanbc Broadband Cable channel The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),v4ewade an the Oily's 660,AT&T Uvarae channel 99,Holwire Communications channel 395,and ROKU device on PEG.TV channel,and arable.M htipaJAvwv.nrlamlbeachOgov/9overnmenl/mbler,as well es on Atlantic Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,end ROKU device on PEG.TV channel,and on social media at haps://wwwiacebcck.eomleayofmlamlbeach. on social media at httpa://www.tecebook.cam/dtyokmamlbeacA. Ratael E.Granado.Cay Clerk Rafael E.Granada,Cily Clerk City of Miami Beach Gly of Miami Beach CityClarkamlamibeachll.gw CilyClerkitelamlbeachll.gov 305.673.7411 305.673.7411 Ad 11182020.03 Ad 11182020-06 Page 572 of 1430