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Ordinance 96-3050 • ORDINANCE NO. 96-3050 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 YARD OF OCEANFRONT HOTELS OF 100 UNITS OR MORE AS ACCESSORY USES AND ESTABLISHING A SETBACK REQUIREMENT FROM THE PROPERTY LINE,AND PROHIBITING 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 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 YARD OF OCEANFRONT HOTELS OF 100 UNITS OR MORE AS ACCESSORY USES AND ESTABLISHING A SETBACK REQUIREMENT FROM THE PROPERTY LINE,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 AT THE REAR YARD OF OCEANFRONT HOTELS OF 100 UNITS OR MORE AS ACCESSORY USES AND ESTABLISHING A SETBACK REQUIREMENT FROM THE PROPERTY LINE, LISTING ACCESSORY OUTDOOR BAR COUNTERS LOCATED IN THE CABARET OVERLAY DISTRICT AS ACCESSORY USES,AND PROHIBITING ALL OTHER ACCESSORY OUTDOOR BAR COUNTERS; AND BY, 1 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-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 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-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 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-PS1 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. WHEREAS, the City believes outdoor bar counters, which are open to the public and operate in the evening and night time hours, should be regulated to ensure the safety and general welfare of the surrounding community, and. WHEREAS,the certain outdoor entertainment and large alcoholic beverage establishments, if left unregulated in the South Pointe Redevelopment Area, may have an adverse effect on the health, safety and general welfare of the surrounding community, and WHEREAS,the amendments set forth below are necessary to ensure the above objectives. NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 3-2 TERMS DEFINED 2 • A. For the Purpose of this Ordinance, certain terms and words are hereby defined. * * * 31. CAFE, OUTDOOR: A Use characterized by outdoor table service of food and beverages prepared for service in an adjacent or attached main Structure for consumption on the Premises. This definition does not include an Accessory Outdoor Bar Counter, which is considered to be a separate Accessory Use to an Outdoor Cafe or a Hotel pool deck, as described herein. * * * 19. BAR COUNTER,ACCESSORY OUTDOOR: An accessory freestanding or substantially unenclosed counter or similar device either stationary or mobile at or behind which alcoholic beverages may be prepared and served. Accessory Outdoor Bar Counters shall be prohibited as a main permitted use and shall only be permitted as an Accessory Use to an Outdoor Cafe with a minimum of 30 chairs or as an Accessory Use to a Hotel pool deck. Accessory Outdoor Bar Counters shall not be visible from any point along the property line adjacent to a public right-of-way. * * * SECTION 2. That Subsections 6-3, 6-4, 6-6, 6-7, 6-8, 6-14 and 6-16 entitled "RM-2 Residential Multi Family, Medium Intensity", "RM-3 Residential Multi Family, High Intensity", "CD-1 Commercial, Low Intensity", "CD-2 Commercial, Medium Intensity", "CD-3 Commercial, High Intensity","I-1 Light Industrial District"and"MXE Mixed Use Entertainment District",respectively, of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida are hereby amended as follows: 6-3 RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY. A. Purpose and Uses 1. District Purpose 2. Main Permitted 3. Conditional Uses 4. Accessory Uses 5. Prohibited Uses Uses This district is designed Single Family detached Adult Congregate See Section 6-21. Uses Accessory Outdoor for medium intensity Dwelling;Townhomes; Living Facility;Day that serve Alcoholic Entertainment multiple family resi- Apartments;Apartment- Care Facility;Nursing Beverages as listed in Establishment; dences. Hotels;Hotels. Home;Religious Section 12(Alcoholic Accessory Open Air Institutions;Private and Beverages). Entertainment Public Institutions; Establishment as set Schools;Commercial or forth in Section 12-B1 non-commercial Parking Accessory Outdoor Bar Lots and Garages; Counter. Accessory Neighborhood Impact Establishment as set forth in Section 12-B. * * * 3 • • 6-4 RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY. A. Purpose and Uses 1. District Purpose 2. Main Permitted 3. Conditional Uses 4. Accessory Uses 5.Prohibited Uses Uses This district is Single Family detached Adult Congregate See Section 6-21. Uses Accessory Outdoor Bar designed for high Dwelling;Townhomes; Living Facility;Day that serve Alcoholic Counter,except as intensity multiple Apartments;Apart- Care Facility;Nursing Beverages as listed in provided herein. Family residences and ment-Hotels;Hotels. Home;Religious Section 12(Alcoholic Hotels. Institutions;Private Beverages). and Public Institutions; Schools;Commercial Accessory Outdoor Bar or non-commercial Counters,provided that Parking Lots and the Accessory Outdoor Garages;Accessory Bar Counter is not Outdoor Entertainment operated or utilized Establishment; between midnight and Accessory 8:00 a.m.;however,for Neighborhood Impact an Accessory Outdoor Establishment; Bar Counter which is Accessory Open Air adiacent to a property Entertainment with an Apartment Unit, Establishment as set the Accessory Outdoor forth in Section 12-B. Bar Counter may not be operated or utilized between 8:00 p.m.and 8:00 a.m. Oceanfront Hotels with at least 100 Hotel Units may operate and utilize an Accessory Outdoor Bar Counter. notwithstanding the above restriction on the hours of operation, provided the Accessory Outdoor Bar Counter is (a)located in the Rear Yard,and(b)setback 20%of the Lot Width (50 feet minimum)from any property line adiacent to a property with an Apartment Unit thereon. * * * 4 6-6 CD-1 COMMERCIAL, LOW INTENSITY. A. Purpose and Uses 1. District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses 5.Prohibited Uses This is a retail sales, Commercial Uses; Adult Congregate See Section 6-21. Accessory Outdoor Bar Personal Services,shop- Apartments;Bed& Living Facilities; Counter,Outdoor ping district,designed to Breakfast Inn(pursuant Nursing Homes; Entertainment provide service to to Section 6-22,H).Uses Religious Institution; Establishment;Open surrounding residential that serve Alcoholic Public and Private Air Entertainment neighborhoods. Beverages as listed in Institutions;Schools; Establishment. Section 12(Alcoholic Day Care Facility;Pawn Beverages). shops;Warehouses;and any Use selling gasoline;Outdoor Entertainment Establishment; Neighborhood Impact Establishment;Aper-frir Entertainment * * * 6-7 CD-2 COMMERCIAL, MEDIUM INTENSITY. A. Purpose and Uses 1. District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses 5.Prohibited Uses This district provides for Commercial Uses; Adult Congregate See Section 6-21. Accessory Outdoor Bar commercial activities, Apartments; Living Facilities; Counter,except as services,offices and Apartment/Hotels.Uses Funeral Home;Nursing Accessory Outdoor Bar provided herein. related activities which that serve Alcoholic Homes;Religious Counters,provided that serve the entire City. Beverages as listed in Institution;Pawn shops; the Accessory Outdoor Section 12(Alcoholic Public and Private Bar Counter is not Beverages). Institutions;Schools; operated or utilized and any Use selling between midnight and gasoline;Outdoor 8:00 a.m.;however,for Entertainment an Accessory Outdoor Establishment; Bar Counter which is Neighborhood Impact adjacent to a property Establishment;Open Air with an Apartment Unit, Entertainment the Accessory Outdoor Establishment. Bar Counter may not be operated or utilized between 8:00 p.m.and 8:00 a.m. * * * 5 • 6-8 CD-3 COMMERCIAL. HIGH INTENSITY. A. Purpose and Uses 1.District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses 5.Prohibited Uses 124 This district is designed Commercial Uses; Adult Living See Section 6-21. Pawn Shops;Accessory to accommodate a Apartments;Apart- Congregate Facilities; Outdoor Bar Counter, highly concentrated ment/Hotels;Hotels. Outdoor Entertainment Accessory Outdoor Bar except as provided business core in which Oceanfront properties in Establishment; Counters,provided that herein. activities serving the the Architectural Neighborhood Impact the Accessory Outdoor entire City are located. District shall not be Establishment;Open Air Bar Counter is not permitted to have new Entertainment operated or utilized retail and/or office areas Establishment;Nursing between midnight and totaling more than 250 Homes;religious 8:00 a.m.;however,for sq.ft.unless the Institution;public and an Accessory Outdoor Building is rehabilitated private Institutions; Bar Counter which is according to the South Schools and Major adjacent to a property Florida Building Code, Cultural Dormitory with an Apartment Unit, the Miami Beach Facilities as specified in the Accessory Outdoor Property Maintenance Section 10A-2. When Bar Counter may not be Standards,and Fire located on that portion operated or utilized Prevention and Safety of Lincoln Road that is between 8:00 p.m.and Codes and if it is a closed to traffic,these 8:00 a.m. Historic Structure the uses shall comply with U.S.Secretary of the Sec.6-8,A.5. Interior Standards for Oceanfront Hotels with Rehabilitation and at least 100 Hotel Units Guidelines for may operate and utilize Rehabilitating Historic an Accessory Outdoor Structures.Offices are Bar Counter, prohibited on the notwithstanding the ground floor on that above restriction on the portion of Lincoln Road hours of operation, which is closed to provided the Accessory traffic,unless the office Outdoor Bar Counter is area is located in a (a)located in the Rear mezzanine,or at least 75 Yard.and(b)setback ft.back from the 20%of the Lot Width storefront;also (50 feet minimum)from Apartments,Apart- any property line ment/Hotels and Hotels adjacent to a property located on that portion with an Apartment Unit of Lincoln Road shall thereon. comply with Sec.6- 8,A.5. * * * 6 6-14 I-1 LIGHT INDUSTRIAL DISTRICT. A. Purpose and Uses 1. District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses 5.Prohibited Uses This is a utilitarian Those Uses that are con- Any Use which includes Those Uses customarily associated Accessory district characterized by sistent with the district the retail sale of with the District Purpose.(See Outdoor Bar sales,storage,process- purpose. gasoline,Recycling Section 6-21). Counter,except as ing,wholesaling, motor Receiving Stations; provided herein. vehicles repairs and Outdoor Entertainment Accessory Outdoor Bar Counters, towing services.This Establishment; provided that the Accessory district shall not include Neighborhood Impact Outdoor Bar Counter is not operated any residential Uses. Establishment;Open Air or utilized between midnight and Entertainment 8:00 a.m.;however,for an Establishment. Accessory Outdoor Bar Counter which is adiacent 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. * * * 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT A. Purpose and Uses 1.District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses 5.Prohibited Uses These regulations are Apartments;Apartment- Major Cultural See Section 6-21. Accessory designed to Hotels;Hotels; Dormitory Facilities Uses that serve Alcoholic Beverages as Outdoor Bar encourage the Commercial Development as specified in listed in Section 12 Counter,except substantial restoration as specified in Section 6- Section 10A-2; as provided of existing Structures 16,C. Outdoor Accessory Outdoor Bar Counters, herein. and allow for new Entertainment provided that the Accessory Outdoor construction. Establishment; Bar Counter is not operated or utilized Neighborhood between midnight and 8:00 a.m.; Impact however,for an Accessory Outdoor Bar Establishment;Open Counter which is adiacent to a property Air Entertainment with an Apartment Unit,the Accessory Establishment. Outdoor Bar Counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m. Accessory Outdoor Bar Counter located in the Cabaret Overlay District. Oceanfront Hotels with at least 100 Hotel Units may operate and utilize an Accessory Outdoor Bar Counter, notwithstanding the above restriction on the hours of operation,provided the Accessory Outdoor Bar Counter is(a) located in the Rear Yard,and(11). setback 20%of the Lot Width(50 feet minimum)from any property line adiacent to a property with an Apartment Unit thereon. 7 • * * * SECTION 3. That Subsection 20-3, entitled "Use Regulation" of Section 20, entitled "PS Performance Standard District" of Zoning Ordinance 89-2665 is hereby amended as follows: 20-3 USE REGULATIONS * * * B. Table of Permitted Uses General Use R-PS 1,2 R-PS 3,4 C-PS 1,2,3,4 RM-PS 1 Category Single Family;Townhome;Apartment; P P P P Apt/Hotel Apt/Hotel not permitted Hotel N P P N Commercial N N P P 8%of Floor Area Institutional C C C C 1.25%of Floor Area Accessory Outdoor Bar Counters,provided N N P* N that the Accessory Outdoor Bar Counter is However,Accessory not operated or utilized between midnight Outdoor Bar Counters are and 8:00 a.m.;however, for an Accessory permitted in oceanfront Outdoor Bar Counter which is adjacent to Hotels with at least 100 a property with an Apartment Unit, the Hotel Units in the R-PS4 Accessory Outdoor Bar Counter may not District* be operated or utilized between 8:00 p.m. and 8:00 a.m. Outdoor Entertainment Establishments, N N C* N Open Air Entertainment Establishments, However,in the R-PS4 Neighborhood Impact Establishments District,these Uses are permitted as Accessory Uses in oceanfront Hotels with 250 or more Hotel Units with access to the Establishment only from the interior lobby and not from the street* Accessory P* P* P* P* P - Main Permitted Use C - Conditional Use N -Not Permitted * - Accessory Use only 8 • Floor Area in the RM-PS 1 District.refers to total Floor Area in project. Commercial Uses in RM-PS 1 limited to stores and restaurants. 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. *For purposes of this Section,Pawn shops and Nightclubs are not permitted as a Main Permitted or Accessory Uses in the Redevelopment Area;however, in the C-PS3 and C-PS4 Districts a Nightclub shall be permitted as an Accessory Use within a hotel of 250 rooms or more with access to the Nightclub only from the interior lobby and not from the street. Commercial and non-commercial Parking Lots and Garages shall be considered as a Conditional Use in the R-PS1,2,3 and 4 Districts. SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of July , 1996. PASSED and ADOPTED this 17th day of July , 1996. v kt E MAYOR ATTEST: R0 CITY CLERK 1st reading 6/5/96 2nd reading 7/17/96 Underlined=new language Strikeout= deleted language F:\PLAMSALL\DRAF F_OR\ADOPTED\BARCMR 1.717 DJG/1GG January 2.1996March 6. f{. 996 March 21.1996 / uRiVi Mr r ru2'•.0 March 28,1996 June 25.1996 LEGAL DEPT. July 17,1996 1 By (/! r1 ��� ,/ • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 14 46— )Lew TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 17, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: Second Reading ub is Hearing-An Ordinance Amending 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 Yard of Oceanfront Hotels of 100 Units or More as Accessory Uses and Establishing a Setback Requirement from the Property Line, and Prohibiting 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 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 Yard of Oceanfront Hotels of 100 1 • AGENDA ITEM R E.-- DATE DATE —1—11-9 �p • Units or More as Accessory Uses and Establishing a Setback Requirement from the Property Line, 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 at the Rear Yard of Oceanfront Hotels of 100 Units or More as Accessory Uses and Establishing a Setback Requirement from the Property Line, 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-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 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-PS1 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-1 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-PS1 Commercial Limited Mixed Use; C-PS2 Commercial General Mixed Use; C-PS3 Commercial Intensive Mixed Use and C-PS4 Commercial Intensive Phased Bayside Districts. 2 • Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission, upon holding a public hearing, adopt on second reading 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. 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 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. On June 5, 1996, the City Commission adopted on first reading, with some modifications, the attached Ordinance (the revised language as modified by the City Commissions concerns appears as shaded text). The modifications establish a visibility requirement for Accessory Outdoor Bar 3 • Counters, and a setback requirement when Accessory Outdoor Bar Counters are adjacent to properties with apartment units. 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, CD-3 and MXE 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. The definition also requires that an Accessory Outdoor Bar Counter shall not be visible from any property line adjacent to a public right-of-way. 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 and CD-1 Districts; prohibited use in the RM-3, CD-2, CD-3, I-1 and MXE Districts except for accessory outdoor bar counters operated between 8:00 a.m. and 12 midnight. In the RM-3, CD-3 and MXE Districts, the amendment further provides that an accessory outdoor bar counter would not be restricted by the time limitation (closed between 12 4 • 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 and is setback 20%of the lot width (50 feet minimum) from any property line adjacent to a property with an apartment unit thereon 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-PS 1 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. 5 • 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 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 Applicable - 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. 6 • 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 Applicable - This review criteria is not applicable to 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 Applicable - 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; Not Applicable - This review criteria is not applicable to this Zoning Ordinance amendment. 7 • CONCLUSION Based on the foregoing,the Administration has concluded that the City Commission should adopt on second and final reading the attached amendment, upon holding a public hearing. JGPV MS\DJG F:\PLAN\$ALL\CC MEMOS\1260CMS2.96 8 • U) 0 0 •rl 1/40 4-1 cd 'd HI Ln Cn - O 0 a) 0 M 0 R cd I -H 4-) C 4-1 +J En a1 -H U 0 •H a) i-I v -d 0 1Z � 0 v • • ® s-4 -H (1) w • •'-r r-1 • .C40 VD • C 1 '0 Pa • a) • • M U c'.) • b0-'d OD t.) 0 ry 0 U •ri .-1 •r1 •H -d a-1 -d S-+ a) a-) a) v)