2004-25518 Reso
RESOLUTION NO. 2004-25518
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS",
DIVISION 5, CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,
SECTION 142-302, "MAIN PERMITTED USES"; DIVISION 11, 1-1
LIGHT INDUSTRIAL DISTRICT, SECTION 142-485, "PROHmITED
USES"; AND DIVISION 18, "PS PERFORMANCE STANDARD
DISTRICT," SECTION 142-693 "PERMITTED USES", BY
ELIMINATING DANCE HALLS AND ENTERTAINMENT
ESTABLISHMENTS (ALSO OPERATING AS ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND RESTAURANTS WITH FULL KITCHENS
AND SERVING FULL MEALS) AS PERMITTED USES IN CERTAIN
AREAS OF THE CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT, THE 1-1 LIGHT INDUSTRIAL DISTRICT, AND THE PS
PERFORMANCE STANDARD DISTRICT.
WHEREAS, the City of Miami Beach Land Development Regulations contain
regulations limiting dance halls and entertainment establishments from certain specified areas;
and
WHEREAS, that prohibition on dance halls and entertainment establishments in those
specified areas is based upon the impacts that said establishments have upon the surrounding,
primarily residential, neighborhoods; and
WHEREAS, the Planning Board has found that restaurants located within those specified
areas where stand alone dance halls and/or entertainment establishments are prohibited tend to
have similar negative impacts on the surrounding residential neighborhoods when they also
operate similar to such prohibited uses; and
WHEREAS, the Planning Board, at its meeting of October 28, 2003, requested that a
proposed amendment to the Land Development Regulations be initiated, addressing nightclubs
that operate within restaurants in areas where stand-alone nightclubs would not otherwise be
permitted; and
WHEREAS, this proposed amendment accomplishes the above purpose by prohibiting
dance halls and entertainment establishments in such areas, by deleting the exclusion for those
establishments also operating as restaurants serving full meals;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORI A THAT a first reading
public hearing is hereby set to be held before the City Commission n prill 2004.
PASSED AND ADOPTED this 17th day of March, 2004.
TEST:
MAYOR
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Ci Attorney Date
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a public
hearing to consider an amendment to the code of the City of Miami Beach, by amending Chapter 142,
"Zoning Districts and Regulations," Article II, "District Regulations", Division 5, CD-2 Commercial,
Medium Intensity District, Section 142-302, "Main Permitted Uses"; Division 11, 1-1 Light Industrial
District, Section 142-485, "Prohibited Uses"; and Division 18, "PS Performance Standard District,"
Section 142-693 "Permitted Uses", by eliminating Dance Halls and Entertainment Establishments also
operating as Alcoholic Beverage Establishments and Restaurants with full kitchens and serving full
meals as Permitted Uses in certain areas of the CD-2 Commercial, Medium Intensity District, the 1-1
Liaht Industrial District, and The PS Performance Standard District.
Issue:
Currently the Land Development Regulations of the Miami Beach City Code prohibit "stand-alone"
nightclubs in a few selected areas of the City where other commercial establishments would normally be
permitted. This regulation had been in place for several years, in the case of the Redevelopment Area
south of Fifth Street and the 1-1 Light Industrial district in the Sunset Harbour and the CD-2 overlay area
that surrounds this district. The Land Development Regulations also contain an exception to this
prohibition for establishments that are licensed as restaurants with a full kitchen servina full meals.
Item Summary/Recommendation:
The proposed ordinance will eliminate the exception in those districts that do not permit dance halls.
Existing establishments that currently have restaurant licenses with the dance/entertainment component
will become legal nonconforming uses and may continue to operate in such fashion.
The Administration recommends that the City Commission set a first reading public hearing for a time
certain on Aoril14, 2004.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Mercy Lamazares / Jorge G. Gomez
Si n-Offs:
Department Director
Assistant City Manager
City Manager
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AGENDA ITEM C 7 H
DATE 3-17-0f.(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
'MNW.miamibeachft.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: March 17, 2004
Members of the City Commission
Jorge M. Gonzalez 'A~
City Manager U fir 0
Setting of public hearing . Eliminating dance halls & entertainment
establishments in certain districts
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS", DIVISION 5, CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT, SECTION 142-302, "MAIN
PERMITTED USES"; DIVISION 11, 1-1 LIGHT INDUSTRIAL
DISTRICT, SECTION 142-485, "PROHIBITED USES"; AND
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
SECTION 142-693 "PERMITTED USES", BY ELIMINATING
DANCE HALLS AND ENTERTAINMENT ESTABLISHMENTS
ALSO OPERATING AS ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND RESTAURANTS WITH FULL
KITCHENS AND SERVING FULL MEALS AS PERMITTED
USES IN CERTAIN AREAS OF THE CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT, THE 1-1 LIGHT INDUSTRIAL
DISTRICT, AND THE PS PERFORMANCE STANDARD
DISTRICT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Commission set a first reading public hearing
for a time certain on April 14, 2004.
BACKGROUND AND ANALYSIS
Currently the Land Development Regulations of the Miami Beach City Code prohibit "stand-alone"
nightclubs in a few selected areas of the City where other commercial establishments would
normally be permitted. This regulation had been in place for several years, in the case of the
Redevelopment Area south of Fifth Street. This regulation was also recently applied by the City
Commission to the both the CD-2 area and the 1-1 Light Industrial district in the Sunset Harbour
area. These regulations were to protect the adjacent residential neighborhoods from the negative
impacts that could normally be associated with nightclub uses, such as unwanted noise, excessive
traffic, difficulty finding parking, and issues associated with security.
Commission Memorandum
March 17, 2004
Eliminating dance halls & entertainment establishments in certain districts
Page 2
However, the Land Development Regulations also contain an exception to this prohibition for
establishments which are licensed as restaurants, which also contain nightclub (dance hall andlor
entertainment) uses. These establishments are permitted in those districts mentioned above, in
which stand-alone nightclubs are permitted, as long as they also have a restaurant license and
have a full kitchen serving full meals.
In the recent past, citizens who live in the areas in which stand-alone nightclubs are prohibited have
complained that establishments which have restaurant licenses but also change into nightclub type
operations later in the evening have just as much of a negative impact on the lives of nearby
residents as do the stand-alone type of clubs. Responding to such concerns, the Planning Board,
at its meeting of October 28, 2003, requested that a proposed amendment to the Land
Development Regulations, addressing nightclubs which operate within restaurants in areas where
stand-alone nightclubs would not otherwise be permitted, be initiated.
Note also that existing establishments that currently have both restaurant and
entertainmenUdancing licenses would be allowed to continue in operation, or be "grandfathered-in"
according to the nonconforming provisions of the City Code. The proposed ordinance change
would only limit new applications for dance hall andlor entertainment licenses from being approved
in the specified areas.
PLANNING BOARD ACTION
At the February 24, 2004 meeting of the Planning Board, a motion was made and
seconded recommending that the City Commission approve the proposed ordinance.
CONCLUSION
Pursuant to Section 118-164(2), in all cases in which the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning
category, two advertised public hearings on the proposed ordinance are required, with
at least one hearing held after 5:00 p.m. on a weekday.
The first public hearing shall be held at least seven days after the day that the first
advertisement is published. The second public hearing shall be held at least ten days
after the first hearing and shall be advertised at least five days prior to the public
hearing.
Immediately following the public hearing at the second reading, the City Commission
may adopt the ordinance by an affirmative vote of five-sevenths of all members of the
City Commission.
JMG/&f6JGG/ML
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