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96-21984 RESO RESOLUTION NO. 96-21984 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING DATES AND TIMES FOR TWO PUBLIC HEARINGS TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89- 2665, BY: 1. AMENDING SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY MODIFYING THE DEFINITION OF OUTDOOR CAFE, CLARIFYING THAT AN OUTDOOR BAR COUNTER IS CONSIDERED AN ACCESSORY USE AND BY ADDING A DEFINITION FOR "ACCESSORY OUTDOOR BAR COUNTER"; AND BY 2. AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY DISTRICT" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS AS A PROHmlTED USE, AMENDING SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI FAMILY HIGH INTENSITY" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS, PROVIDED THAT THEY ARE NOT OPERATED OR UTILIZED BETWEEN MIDNIGHT AND 8:00 A.M., AS AN ACCESSORY USE, LISTING ACCESSORY OUTDOOR BAR COUNTERS AT THE REAR OF OCEANFRONT HOTELS OF 100 UNITS OR MORE AS ACCESSORY USES, AND PROHIBITING ALL OTHER ACCESSORY OUTDOOR BAR COUNTERS; AMENDING SUBSECTION 6-6, ENTITLED "CD-l COMMERCIAL LOW INTENSITY" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS, OUTDOOR ENTERTAINMENT ESTABLISHMENTS, AND OPEN AIR ENTERTAINMENT ESTABLISHMENTS AS PROHmlTED USES; AMENDING SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL MEDIUM INTENSITY" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS THAT ARE NOT OPERATED OR UTILIZED BETWEEN MIDNIGHT AND 8:00 A.M. AS AN ACCESSORY USE AND PROHIBITING ALL OTHER ACCESSORY OUTDOOR BAR COUNTERS; AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL HIGH INTENSITY" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS THAT ARE NOT OPERATED OR UTILIZED BETWEEN MIDNIGHT AND 8:00 A.M. AS AN ACCESSORY USE, LISTING ACCESSORY OUTDOOR BAR COUNTERS AT THE REAR OF OCEANFRONT HOTELS OF 100 UNITS OR MORE AS ACCESSORY USES, AND PROHIBITING ALL OTHER ACCESSORY OUTDOOR BAR COUNTERS; AMENDING SUBSECTION 6-14, ENTITLED "1-1 LIGHT INDUSTRIAL" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS THAT ARE NOT OPERATED OR UTILIZED BETWEEN MIDNIGHT AND 8:00 A.M. AS AN ACCESSORY USE, AND PROHmlTING ALL OTHER ACCESSORY OUTDOOR BAR COUNTERS; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT" BY LISTING ACCESSORY OUTDOOR BAR COUNTERS THAT ARE NOT OPERATED OR UTILIZED BETWEEN MIDNIGHT AND 8:00 A.M. AS AN ACCESSORY USE, LISTING ACCESSORY OUTDOOR BAR COUNTERS LOCATED IN THE CABARET OVERLAY DISTRICT AS ACCESSORY USES, AND PROHIBITING ALL OTHER ACCESSORY OUTDOOR BAR COUNTERS; AND BY 3. AMENDING SECTION 20, ENTITLED "PS PERFORMANCE STANDARD DISTRICT", AMENDING SUBSECTION 20-3, ENTITLED "USE REGULATIONS" BY NOT PERMITTING ACCESSORY OUTDOOR BAR COUNTERS IN THE R-PSl, MEDIDM-LOW DENSITY, R-PS2, MEDIUM DENSITY, R-PS3 MEDIUM IDGH DENSITY, RMPS-l RESIDENTIAL MIXED USE DISTRICTS AND THE R-PS4 HIGH DENSITY DISTRICT, EXCEPT THAT AN ACCESSORY OUTDOOR BAR COUNTER IS PERMITTED AS AN ACCESSORY USE IN OCEANFRONT HOTELS OF 100 UNITS OR MORE IN THE R-PS4 HIGH DENSITY DISTRICT, AND LISTING ACCESSORY OUTDOOR BAR COUNTERS OPERATED UNTIL MIDNIGHT ONLY AS PERMITTED USES IN THE FOLLOWING DISTRICTS: C-PSl COMMERCIAL LIMITED MIXED USE; C-PS2 COMMERCIAL GENERAL MIXED USE; C-PS3 COMMERCIAL INTENSIVE MIXED USE; C-PS4 COMMERCIAL INTENSIVE PHASED BAYSIDE DISTRICTS, AND BY NOT PERMITTING OUTDOOR ENTERTAINMENT ESTABLISHMENTS, OPEN AIR ENTERTAINMENT ESTABLISHMENTS OR NEIGHBORHOOD IMPACT ESTABLISHMENTS IN THE R-PSl, MEDIDM-LOW DENSITY, R-PS2, MEDIUM DENSITY, R-PS3 MEDIDM HIGH DENSITY, RMPS-l RESIDENTIAL MIXED USE DISTRICTS AND THE R-PS4 HIGH DENSITY DISTRICT, EXCEPT THA T OUTDOOR ENTERTAINMENT ESTABLISHMENTS, OPEN AIR ENTERTAINMENT ESTABLISHMENTS AND NEIGHBORHOOD IMPACT ESTABLISHMENTS ARE PERMITTED AS ACCESSORY USES IN OCEANFRONT HOTELS WITH 250 OR MORE HOTEL UNITS WHEN LOCATED IN THE R-PS4 HIGH DENSITY DISTRICT, AND LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENTS, OPEN AIR ENTERTAINMENT ESTABLISHMENTS AND NEIGHBORHOOD IMPACT ESTABLISHMENTS AS CONDITIONAL USES IN THE FOLLOWING DISTRICTS: C-PSl COMMERCIAL LIMITED MIXED USE; C-PS2 COMMERCIAL GENERAL MIXED USE; C-PS3 COMMERCIAL INTENSIVE MIXED USE AND C-PS4 COMMERCIAL INTENSIVE PHASED BA YSIDE DISTRICTS. PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning, and Historic Preservation Services Division has recommended an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida amending Comprehensive Zoning Ordinance No. 89-2665, by: 1. Amending Section 3, entitled "Definitions", amending Subsection 3-2, entitled "Terms Defined" by modifying the definition of outdoor cafe, clarifying that an outdoor bar counter 2 is considered an accessory use and by adding a definition for "Accessory Outdoor Bar Counter"; and by 2. Amending Section 6, entitled "Schedule of District Regulations", amending Subsection 6-3, entitled "RM-2 Residential Multi Family, Medium Intensity District" by listing accessory outdoor bar counters as a prohibited use, amending Subsection 6-4, entitled "RM-3 Residential Multi Family High Intensity" by listing accessory outdoor bar counters, provided that they are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, listing accessory outdoor bar counters at the rear of oceanfront hotels of 100 units or more as accessory uses, and prohibiting all other accessory outdoor bar counters; amending Subsection 6-6, entitled "CD-l Commercial Low Intensity" by listing accessory outdoor bar counters, outdoor entertainment establishments and open air entertainment establishments as prohibited uses; amending Subsection 6-7, entitled "CD-2 Commercial Medium Intensity" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use and prohibiting all other accessory outdoor bar counters; amending Subsection 6-8, entitled "CD-3 Commercial High Intensity" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, listing accessory outdoor bar counters at the rear of oceanfront hotels of 1 00 units or more as accessory uses, and prohibiting all other accessory outdoor bar counters; amending Subsection 6-14, entitled "1_1 Light Industrial" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, and prohibiting all other accessory outdoor bar counters; amending Subsection 6-16, entitled "MXE Mixed Use Entertainment" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, listing 3 accessory outdoor bar counters located in the cabaret overlay district as accessory uses, and prohibiting all other accessory outdoor bar counters; and by 3. Amending Section 20, entitled "PS Performance Standard District", amending Subsection 20-3, entitled "Use Regulations" by not permitting accessory outdoor bar counters in the R- PSI, Medium-Low Density, R-PS2, Medium Density, R-PS3, Medium High Density, RMPS-I Residential Mixed Use Districts and the R-PS4 High Density District, except that an accessory outdoor bar counter is permitted as an accessory use in oceanfront hotels of 100 units or more in the R-PS4 High Density District, and listing accessory outdoor bar counters operated until midnight only as permitted uses in the following districts: C-PS 1 Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use; C-PS4 Commercial Intensive Phased Bayside Districts, and by not permitting outdoor entertainment establishments, open air entertainment establishments or neighborhood impact establishments in the R-PSl, Medium-Low Density, R-PS2, Medium Density, R-PS3 Medium High Density, RMPS-I Residential Mixed Use Districts and the R- PS4 High Density District, except that outdoor entertainment establishments, open air entertainment establishments and neighborhood impact establishments are permitted as accessory uses in oceanfront hotels with 250 or more hotel units when located in the R-PS4 High Density District, and listing outdoor entertainment establishments, open air entertainment establishments and neighborhood impact establishments as conditional uses in the following districts: C-PSl Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use and C-PS4 Commercial Intensive Phased Bayside Districts. Providing for inclusion in the Zoning Ordinance; providing for repealer, severability and an effective date; and 4 WHEREAS, on April 23, 1996, the Planning Board held a public hearing to consider the proposed ordinance and voted 5 to 0 (2 absentees) in favor of recommending that the Mayor and City Commission adopt the proposed Ordinance; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-2665, the proposed Ordinance must now be considered by the Mayor and City Commission at public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission will consider an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Comprehensive Zoning Ordinance No. 89-2665, by: 1. Amending Section 3, entitled "Definitions", amending Subsection 3-2, entitled "Terms Defined" by modifying the definition of outdoor cafe, clarifying that an outdoor bar counter is considered an accessory use and by adding a definition for "Accessory Outdoor Bar Counter"; and by 2. Amending Section 6, entitled "Schedule of District Regulations", amending Subsection 6-3, entitled "RM-2 Residential Multi Family, Medium Intensity District" by listing accessory outdoor bar counters as a prohibited use, amending Subsection 6-4, entitled "RM-3 Residential Multi Family High Intensity" by listing accessory outdoor bar counters, provided that they are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, listing accessory outdoor bar counters at the rear of oceanfront hotels of 100 units or more as accessory uses, and prohibiting all other accessory outdoor bar counters; amending Subsection 6-6, entitled "CD-l Commercial Low Intensity" by listing accessory outdoor bar counters, outdoor entertainment establishments and open air entertainment establishments as prohibited uses; amending Subsection 6-7, entitled "CD-2 Commercial Medium Intensity" 5 by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use and prohibiting all other accessory outdoor bar counters; amending Subsection 6-8, entitled "CD-3 Commercial High Intensity" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, listing accessory outdoor bar counters at the rear of oceanfront hotels of 1 00 units or more as accessory uses, and prohibiting all other accessory outdoor bar counters; amending Subsection 6-14, entitled "1-1 Light Industrial" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, and prohibiting all other accessory outdoor bar counters; amending Subsection 6-16, entitled "MXE Mixed Use Entertainment" by listing accessory outdoor bar counters that are not operated or utilized between Midnight and 8:00 a.m. as an accessory use, listing accessory outdoor bar counters located in the cabaret overlay district as accessory uses, and prohibiting all other accessory outdoor bar counters; and by 3. Amending Section 20, entitled "PS Performance Standard District", amending Subsection 20-3, entitled "Use Regulations" by not permitting accessory outdoor bar counters in the R- PS 1, Medium-Low Density, R-PS2, Medium Density, R-PS3, Medium High Density, RMPS-1 Residential Mixed Use Districts and the R-PS4 High Density District, except that an accessory outdoor bar counter is permitted as an accessory use in oceanfront hotels of 100 units or more in the R-PS4 High Density District, and listing accessory outdoor bar counters operated until midnight only as permitted uses in the following districts: C-PS 1 Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use; C-PS4 Commercial Intensive Phased Bayside Districts, and by not permitting outdoor entertainment establishments, open air entertainment establishments or neighborhood impact establishments in the R-PS 1, Medium-Low Density, R-PS2, Medium 6 Density, R-PS3 Medium High Density, RMPS-l Residential Mixed Use Districts and the R- P S4 High Density District, except that outdoor entertainment establishments, open air entertainment establishments and neighborhood impact establishments are permitted as accessory uses in oceanfront hotels with 250 or more hotel units when located in the R-PS4 High Density District, and listing outdoor entertainment establishments, open air entertainment establishments and neighborhood impact establishments as conditional uses in the following districts: C-PSl Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use and C-PS4 Commercial Intensive Phased Bayside Districts. Providing for inclusion in the Zoning Ordinance; providing for repealer, severability and an effective date, on first reading at a public hearing on June 5, 1996 at 2:00 p.m., and if the proposed Ordinance passes on first reading, a second reading and public hearing is hereby called to be held before the City Commission in its Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 19, 1996, at 2:00 p.m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general paid circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 15th day of May ,1996. ATTEST: Ro~}- ~ClA~ CITY CLERK 7 rORM APPROVED lEGAl~ By ~~ . Date .5 - .8 ,. % DJTlkw f:\atto\tumlresos\barcntr2.res CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: May 15, 1996 FROM: Jose Garcia_pedrosa!! City Manager Setting of First Reading Public Hearing and Second Reading Public Hearing - an Ordinance Amending Zoning Ordinance No. 89-2665 by: SUBJECT: 1. Amending Section 3, Entitled "Definitions", Amending Subsection 3-:-2, Entitled "Terms Defined" by Modifying the Definition of Outdoor Cafe, Clarifying That an Outdoor Bar Counter Is Considered an Accessory Use and by Adding a Definition for "Accessory Outdoor Bar Counter"; and by, 2. Amending Section 6, Entitled "Schedule of District Regulations", Amending Subsection 6- 3, Entitled "RM-2 Residential Multi Family, Medium Intensity District" by Listing Accessory Outdoor Bar Counters as a Prohibited Use, Amending Subsection 6-4, Entitled "RM-3 Residential Multi Family High Intensi ty" by Listing Accessory Outdoor Bar Counters, Provided That They Are Not Operated or Utilized Between Midnight and 8:00 a.m. As an Accessory Use, Listing Accessory Outdoor Bar Counters at the Rear of Oceanfront Hotels of 100 Units or More as Accessory Uses, and prohibi ting All Other Accessory Outdoor Bar Counters; Amending Subsection 6-6, Entitled "CD-1 Commercial Low Intensity" by Listing Accessory Outdoor Bar Counters, Outdoor Entertainment Establishments and Open Air PAGE 1 OF 10 AGENDA ITEM c.. 1 (r) .5-J5-QI- DATE Entertainment Establishments as Prohibited Uses; Amending Subsection 6-7, Entitled "CD-2 Commercial Medium Intensi ty" by Listing Accessory Outdoor Bar Counters That Are Not Operated or Utilized Between Midnight and 8:00 a.m. As an Accessory Use and Prohibiting All Other Accessory Outdoor Bar Counters; Amending Subsection 6-8, Entitled "CD-3 Commercial High Intensity" by Listing Accessory Outdoor Bar Counters That Are Not Operated or Utilized Between Midnight and 8:00 a.m. As an Accessory Use, Listing Accessory Outdoor Bar Counters at the Rear of Oceanfront Hotels of 100 Units or More as Accessory Uses, and Prohibiting All Other Accessory Outdoor Bar Counters; Amending Subsection 6-14, Entitled "I-1 Light Industrial" by Listing Accessory Outdoor Bar Counters That Are Not Operated or Utilized Between Midnight and 8:00 a.m. As an Accessory Use, and Prohibiting All Other Accessory Outdoor Bar Counters; Amending Subsection 6- 16, Entitled "MXE Mixed Use Entertainment" by Listing Accessory Outdoor Bar Counters That Are Not Operated or Utilized Between Midnight and 8: 00 a .m. As an Accessory Use, Listing Accessory Outdoor Bar Counters Located in the Cabaret Overlay District as Accessory Uses, and Prohibiting All Other Accessory Outdoor Bar Counters; and by, 3. Amending Section 20, Entitled liPS Perfor.mance Standard District", Amending Subsection 20-3, Entitled "Use Regulations II by Not Per.mitting Accessory Outdoor Bar Counters in the R-PS1, Medium-Low Density, R-PS2, Medium Density, R-PS3 Medium High Density, RMPS-1 Residential Mixed Use Districts and the R-PS4 High Density District, Except That an Accessory Outdoor Bar Counter Is Per.mitted as an Accessory Use in Oceanfront Hotels of 100 Units or More in the R-PS4 High Density PAGE 2 OF 10 District, and Listing Accessory Outdoor Bar Counters Operated until Midnight Only as Per.mitted Uses in the Following Districts: C- PSl Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use; C-PS4 Commercial Intensive Phased Bayside Districts, and by Not Permitting Outdoor Entertainment Establishments, Open Air Entertainment Establishments or Neighborhood Impact Establishments in the R-PS1, Medium-Low Density, R-PS2, Medium Density, R-PS3 Medium High Density, RMPS-l Residential Mixed Use Districts and the R-PS4 High Density District, Except That Outdoor Entertainment Establishments, Open Air Entertainment Establishments and Neighborhood Impact Establishments Are per.mitted as Accessory Uses in Oceanfront Hotels with 250 or More Hotel Units When Located in the R-PS4 High Density District, and Listing Outdoor Entertainment Establishments, Open Air Entertainment Establishments and Neighborhood Impact Establishments as Conditional Uses in the Following Districts: C-PSl Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use and C-PS4 Commercial Intensive Phased Bayside Districts. Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission set a first reading public hearing on June 5, 1996 and tentatively set a second reading public hearing on June 19, 1996 for this amendment regarding the regulation of outdoor bar counters, along with the regulations for Outdoor Entertainment, Open Air Entertainment and Neighborhood Impact Establishments in the Performance Standards Districts within the South Pointe Redevelopment Area. PAGE 3 OF J.O BACKGROUND The subject amendment, regarding outdoor bar counters was part of a previous proposed amending ordinance heard by the Commission that also addressed the issues of the MXE regulations and citywide height restrictions. On January 24, 1996 the City Commission instructed staff to bifurcate that amendment into two individual amendments in order to address the items separately and remanded the amendments back to the Planning Board for further review and study. The MXE regulations and height restriction amendment is also being scheduled for public hearings today as a separate amendment. The outdoor bar regulations were the topic of discussion at a workshop held by the Planning Board on August 2, 1995 and a public hearing on October 24, 1995. At that workshop, the original amending ordinance was substantially changed to address outdoor bar counters on a citywide basis, not just within the MXE District. At the first reading public hearing on December 20, 1995 the Commission requested that the amendment be reviewed by the Historic Preservation Board, Design Review Board and the South pointe Advisory Committee for comments prior to the second reading public hearing that had been tentatively set for January 24, 1996. Subsequently, due to comments and concerns from these municipal boards, the Commission remanded the amending ordinance back to the Planning Board for further study and recommendations regarding the regulations pertaining to outdoor bar counters on a citywide basis, as well as, within the South pointe Redevelopment Area. Also, as a condition of that remandment, the Board was instructed to examine Outdoor Entertainment Establishments, Open Air Entertainment Establishments and Neighborhood Impact Establishments in the South Pointe Redevelopment Area. At the March 26, 1996 regular meeting of the Planning Board, the Board discussed the items at length and thus the new regulations, as set forth, herein. On April 23, 1996 the Planning Board held a public hearing and voted 5-0 (2 absentees) in favor of recommending adoption of the amending ordinance, as revised. PAGE 4 OF 10 OVERVIEW The definitions for outdoor cafe and outdoor bar were included in the original version of the amendment which prohibited these types of uses in the MXE District only. The attached amendment, as now modified, expands the regulations to allow these uses as accessory uses only, when permitted, and with other restrictions as provided, therein. Accessory outdoor bar counters would be prohibited to operate anywhere in the City between the hours of twelve midnight and 8:00 a.m., except in the RM-3 and CD-3 Districts when said outdoor bar counter is an accessory use to an oceanfront hotel with at least 100 hotel units the time limitation would not be in effect. Also, within the Cabaret Overlay District in the MXE District (between 9th and 11th on Ocean Drive), the time constraint would not apply to an accessory outdoor bar counter. However, the regulations pertaining to the serving or offering for sale of alcoholic beverages as otherwise permitted in outdoor cafes and restaurants, bars and nightclubs would not be changed by this amending ordinance (see analysis below) . ANALYSIS What follows is a section by section analysis of the proposed amending ordinance. Section 1. This section of the proposed ordinance clarifies the definition for "Cafe, Outdoor" and provides a definition for "Bar Counter, Accessory Outdoor", by specifically excluding Accessory Outdoor Bar Counters as a main permitted use. An outdoor bar counter would only be permitted as an accessory use to an outdoor cafe, as newly defined, with a minimum of 30 chairs, except when the outdoor bar counter is associated with a hotel pool deck there would be no minimum seating requirement. Section 2. This section of the proposed amendment includes the newly defined "Accessory Out Door Bar Counter" as a prohibited use in the RM-2 PAGE 5 OF 10 and CD-1 Districts; prohibited use in the RM-3, CD-2, CD-3, 1-1 and MXE Districts except for accessory outdoor bar counters operated between 8:00 a.m. and 12 midnight. In the RM-3 and the CD-3 Districts, the amendment further provides that an accessory outdoor bar counter would not be restricted by the time limitation (closed between 12 midnight and 8: 00 a. m.) when said use is an accessory use at the rear of oceanfront hotels with at least 100 hotel units or in the MXE District when said accessory use would not be restricted by the time limitation within the Cabaret District (9th to 11th Streets, on the west side of Ocean Drive) . These exceptions do not imply that alcoholic beverages are permitted to be served\sold 24 hours a day. Section 12 of the Zoning Ordinance further provides that restaurants, bars and nightclubs cannot serve or offer for sale alcoholic beverages between the hours of 5:00 a.m. and 8:00 a.m. Also, the amendment removes Outdoor Entertainment and Open Air Entertainment Establishments from the Conditional Use' Category in the CD-1 District and lists these uses as prohibited. This change is in keeping with the residential character of the surrounding residential neighborhoods which could be negatively effected by said outdoor uses. Section 3. This section of the amendment provides new regulations concerning the newly defined accessory outdoor bar counter within the South pointe Redevelopment Area. This section also addresses regulations for Outdoor Entertainment, Neighborhood Impact and Open Air Establishments. As shown in the table of permitted uses on page 8 of the amendment, accessory outdoor bar counters would be prohibited in the R-PS 1,2,3 Districts; permitted in the R-PS4 District as accessory uses to hotels with at least 100 hotel units when operated between 8:00 a.m. and 12 midnight and permitted in the C-PS1,2,3,4 Districts, provided the use is not operated between the hours of 12 midnight and 8:00 a.m. The amendment further provides that Outdoor Entertainment, Open Air Entertainment and Neighborhood Impact Establishments would be prohibited in the R-PS 1,2,3 Districts; permitted in the R-PS4 District as accessory uses in oceanfront hotels with at least 250 or more hotel rooms with access to the establishment only from the interior lobby and not from the street and as Conditional Uses in the C-PS 1,2,3,4 Districts. All of these uses would be prohibited in the RM-PS1 PAGE 6 OF 10 District (Courts of South Beach) . The last sections of the amendment provide for inclusion in the Zoning Ordinance, repealer, severability and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City Commission shall consider the following: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent - The amendment does not contravene any policies within the Comprehensive Plan, the South Shore Revitalization Strategy, the Ocean Drive\Collins Avenue Design Strategy Plan or any other Neighborhood Plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent - The amendment would not change the underlying zoning district for any areas within the City. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; Consistent - The amendment is in scale with the overall need of the City to control outdoor uses that may have a negative effect on neighboring properties unless properly regulated. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - The LOS for the area public facilities and PAGE 7 OF 10 infrastructure should not be negatively affected, if at all, by the proposed amending ordinance. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not A.pplicable This review criteria is not applicable to this Zoning Ordinance amendment. 6. Whether changed or changing conditions make the passage of the proposed change necessary; consistent - The operating of outdoor bars, past midnight, as well as outdoor entertainment activities within the City, has the potential to negatively effect the surrounding land uses; particularly with regard to the right to expect peaceful and orderly conduct at said establishments. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent - The proposed change should not negatively effect living conditions or the Quality of Life for the surrounding properties. Indeed, the control of outdoor bar counters and outdoor entertainment uses should help improve the Quality of Life for neighboring properties where such uses are permitted; by their limitation and regulation. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Not 1\pplicable This review criteria is not applicable to PAGE 8 OF 10 this Zoning Ordinance amendment. 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Not Applicable - This review criteria is not applicable to this Zoning Ordinance amendment. 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - We believe that property values would not be negatively affected by the proposed amendment; indeed, values should be protected by the proposed measures. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Consistent - The proposed amendment will not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the proposed ordinance should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Not ~plicable - The proposed amendment does not change the underlying zoning district for any property. 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; PAGE 9 OF 10 Not Applicable - This review criteria is not applicable to this Zoning Ordinance amendment. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should set a first reading public hearing on June 5, 1996 and tentatively set a second reading public hearing for June 19, 1996 for the attached amendment. ~~ JGP\HMS\DJG MHF\F:\Plan\$All\1260CMS.96 PAGE 10 OF 10