2007-3565 OrdinanceORDINANCE NO.
2007-3565
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT
REGULATIONS," DIVISION 4, "CD-1 COMMERCIAL, LOW INTENSITY
DISTRICT," SECTION 142-275 "PROHIBITED USES", TO PROHIBIT
DANCE HALL AND ENTERTAINMENT ESTABLISHMENT USES IN THE
CD-1 COMMERCIAL LOW INTENSITY ZONING DISTRICT; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach seeks to reduce the potential for land use
conflicts between commercial uses and nearby residential neighborhoods; and
WHEREAS, at a recent Planning Board meeting, the Board discussed entertainment
uses in various zoning districts throughout the City of Miami Beach, and discussed limiting
entertainment uses in areas near residential neighborhoods, or areas where such uses
may not be appropriate; and
WHEREAS, the CD-1 Low Intensity Commercial Zoning District is the lowest
intensity commercial district within Miami Beach, whose purpose is to provide retail sales,
personal services, shopping district, designed to provide service to surrounding residential
neighborhoods; and
WHEREAS, the Planning Board has proposed eliminating dance hall and
entertainment establishment uses in the CD-1 Low Intensity Commercial Zoning District in
order to reduce the potential for disruption of nearby residential neighborhoods; and
WHEREAS, October 24, 2006, the Planning Board following a duly noticed public
hearing voted 6 - 0 to recommend this amendment to the City Commission for adoption;
and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objective.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Section 142-275 of the Land Development Regulations of the Code of
the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-275. Prohibited uses.
The prohibited uses in the CD-1 commercial, low intensity district are accessory
outdoor bar counter; outdoor entertainment establishment; a~ open air entertainment
establishment dance hall and entertainment establishment.
SECTION 2. 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
Code of the City of Miami Beach, Florida. 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.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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 ten days following adoption.
PASSED, ADOPTED AND APPROVED this 5th day of September , 2007.
___
Matti Herrera Bower
A T ST: Vice-Mayor
~ ~,~,~~
CITY CLERK APPROVED AS TO
Robert Parcher
First Reading:
Second Reading:
Verified by:
~e ~. C6mez, AI
nning Director
Underscore denotes new language
FORM & L UAGE
R E CUTION
~ j +~--
~ 7 ~ CZ
ity Attorney ate
T:WGENDA\2007\ju11107\Regular\CD-1 ordinance revised.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 142, Zoning Districts And Regulations, CD-1 Commercial, Low Intensity
District, Section 142-275 "Prohibited Uses", To Prohibit Dance Hall And Entertainment Establishment Uses
In The CD-1 Commercial Low Intensit Zonin District.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc.): Nightclubs was ranked No. 5 by businesses as
one of the main causes of nuisance noise or disturbances in the City of Miami Beach. Addressing noise
is ranked by residents as one of the changes that will make Miami Beach a better place to live.
Issue:
To prohibit Entertainment Uses In The CD-1 Commercial Low Intensity Zoning District.
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The Planning Board held discussions on entertainment uses in various zoning districts throughout Miami
Beach at several Board meetings over the past year. The Board has proposed limiting entertainment uses
in areas close to residential areas, or areas where it may not be appropriate, and requested an ordinance
prohibiting dance hall /entertainment establishment uses in the CD-1 Commercial Low Intensity District.
The CD-1 Low Intensity Commercial Zoning District is the lowest intensity commercial districtwithin Miami
Beach. The district's purpose is to provide retail sales, personal services, shopping district, designed to
provide service to surrounding residential neighborhoods. The existing CD-1 districts include the
Alton/bade Blvd. triangle, parts of the Alton Road corridor, the west end of Normandy Drive, and 40cn
Street. These districts may be incompatible with entertainment uses such as dance and entertainment.
The attached ordinance would prohibit entertainment uses (dance hall and entertainment establishments)
within these CD-1 low intensity zoning districts. No licensed entertainment establishments currently exist
within the CD-1 district, so there is no potential for this ordinance to create nonconforming uses if adopted.
Given the low intensity nature of these districts, the stated purpose of the district as serving surrounding
residential neighborhoods, and the proximity of those residential neighborhoods, it is appropriate to
eliminate the possibility of potentially disruptive entertainment activities in these limited zones.
Advisory Board Recommendation:
The Planning Board recommended approval of the ordinance at its October 24, 2006 meeting.
The Land Use Committee moved to send the ordinance on to the full commission at its March 12,
2007 meeting. Approved on first reading on July 11 2007.
Financial Information:
Source of Amount Account Approved
Funds: ~
2
3
4
OBPI Total
Financial Impact Summary: n/a
Ci Clerk's Office Le islative Trackin
Richard Lorber, Planning & Zoning Manager
Si n-Offs:
Department Director _ Assistant City Manager City Manager
T:\AGENDA\2007\sep0507\Regular\CD-1 summary.doc
/~ f ~~ ~ ~ ~~ ~ AGENDA ITEM ~S
`I DATE '~~ V 7
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: September 5, 2007 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 4, "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-
275 "PROHIBITED USES", TO PROHIBIT DANCE HALL AND
ENTERTAINMENT ESTABLISHMENT USES INTHE CD-1 COMMERCIAL LOW
INTENSITY ZONING DISTRICT; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the ordinance upon second reading public hearing
BACKGROUND
Over the past year, on several occasions, the Planning Board has held discussions
regarding entertainment uses in various zoning districts throughout the City of Miami Beach.
The Board has discussed the impact of entertainment uses in areas close to residential
areas, or areas where it may not be appropriate.
As part of these discussions, the Planning Board requested that an ordinance prohibiting
dance hall /entertainment establishment uses inthe CD-1 Commercial Low Intensity Zoning
District be prepared and brought to the Board.
The City Commission approved the proposed ordinance on first reading on July 11, 2007.
ANALYSIS
The CD-1 Low Intensity Commercial Zoning District is the lowest intensity commercial district
within Miami Beach. Section 142-271 states that the district's purpose is to provide retail
sales, personal services, shopping district, designed to provide service to surrounding
residential neighborhoods.
Staff has mapped the existing CD-1 neighborhood commercial districts, consisting of:
• Alton/bade Blvd. Triangle
• Parts of Alton Road Corridor
• West End of Normandy Drive
• 40th Street
Prohibiting Entertainment Uses in CD-1
September 5, 2007
Page 2 of 5
• Corner of Pinetree Drive and 47th Street
See attached maps.
The above definition of the CD-1 district as intended for neighborhood commercial use is
such that the district may be deemed incompatible with entertainment uses such as dance
hall and entertainment establishment.
The attached ordinance would prohibit entertainment uses (dance hall and entertainment
establishments) within these CD-1 low intensity zoning districts.
Please note that a review of licensed dance halls /entertainment establishments indicates
no existing establishments are located within the CD-1 Commercial Low Intensity zoning
district, thereby eliminating the potential for this ordinance to create nonconforming uses if
adopted.
PLANNING BOARD ACTION
At the October 24, 2006 meeting, a motion was made and approved by a vote of 6-0
recommending that the City Commission adopt the Ordinance.
At the March 12, 2007 Land Use Committee, the Committee moved to send the proposed
ordinance on to the full commission.
FISCAL IMPACT
The proposed ordinance should have no associated negative fiscal impact upon enactment.
CONCLUSION
Given the low intensity nature of these districts, the stated purpose of the district as serving
surrounding residential neighborhoods, and the proximity of those residential
neighborhoods, it is appropriate to eliminate the possibility of potentially disruptive
entertainment activities in these limited zones.
Q r'
JMG/TH/JGG/RGL
Attachments:
Maps
T:\AGENDA\2007\sep0507\Regular\CD-1 memo.doc
Prohibiting Entertainment Uses in CD-1
September 5, 2007
Page 3 of 5
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
Alton/Dade Blvd. Triangle
(Neighborhood Commercial)
Parts of Alton Road Corridor
Prohibiting Entertainment Uses in CD-1
September 5, 2007
Page 4 of 5
CD-1 Low Intensity Commercial Districts
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
(Neighborhood Commercial)
West End of Normandy Drive
40th Street
Prohibiting Entertainment Uses in CD-1
September 5, 2007
Page 5 of 5
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
Corner of Pinetree Drive and 47th Street
-1
,<~~ .. .
.. _-'3,n
16
0
Im
MIAMI BEACH
o
N _
CIT Y OF MIAMI BEACH
a
NOTICE OF A PUBLIC HEARING
Q
j NOTICE IS HE
REBY given that a Second Reading and a
Second Publi c Hearing will be held by the City
Commission of the City of Miami Beach, in the
o !i Commission Chambers, 3rd floor, City Hall, 1700
Convention C enter Drive, Miami Beach, Florida, on"
a Wednesday, September 5, 2007 at 10:20 A.M., to
W consider An Ordinance Amending The Land
Development Regulations, Amending Chapter 142
~,
"Zoning Distri _
cts And Regulations,"_ Article II, "District
Regulations," Division 4, "CD-1 Commercial, Low
Intensity Distri " Section 142-275 "Prohibited Uses,"
ct
To Prohibit ,
Dance Hall And Entertainment"
Establishment Uses In The CD-1 Commercial Lows
d
Intensity Zoning District.
INQUIRIES may be directed to the Planning_
Department at (305) 673-7550.
m
INTERESTED
PARTIES are invited to appear at this.':
meeting, or be represented by an agent, or to express
their views in writing addressed to the City_
Commission, c/o the City. Clerk, 1700 Convention
Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. This meeting may be opened and continued-
and, under su ch circumstances additional legal notice
would not be provided.
Robert E. Parcher
City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City
hereby advise s the public that: if a person decides to
appeal any de cision made by the City Commission with
respect to an y matter considered at its meeting or its
hearing, such person must ensure that a verbatim
record of th e proceedings is made, which record
includes the t estimony and evidence upon which the
appeal is to b e based. This notice does not constitute
consent by th e City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does
it authorize challenges or appeals not otherwise
allowed by la w.
To request t his material in accessible format, sign
language int erpreters, information on access for
persons with disabilities, and/or any accommodation to
review any document or participate in any city-
sponsored pro ceeding, please contact (305) 604-2489
(voice), (305) 673-7218(TTY) five days in advance to
initiate your request. TTY users may also call 711
(Florida Relay Service).
' (Ad #445)