Ordinance 99-3179 ORDINANCE NO. 99-3179
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES",
AMENDING SECTION 118-192 ENTITLED "REVIEW GUIDELINES" BY
ADDING A REVIEW CRITERIA ADDRESSING THE GEOGRAPHIC
CONCENTRATION OF USES; AMENDING CHAPTER 142 ENTITLED
"ZONING DISTRICTS AND REGULATIONS", SECTION 142-273
ENTITLED "CONDITIONAL USES", SECTION 142-303 ENTITLED
"CONDITIONAL USES", SECTION 142-333 ENTITLED "CONDITIONAL
USES" AND SECTION 142-693 ENTITLED "PERMITTED USES" BY
ADDING VIDEO GAME ARCADES TO THE LIST OF COMMERCIAL
ESTABLISHMENTS REQUIRING CONDITIONAL USE APPROVAL IN
THE CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3 AND C-PS4 COMMERCIAL
ZONING DISTRICTS; PROVIDING FOR INCLUSION IN THE CODE OF
THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach desires to preserve and foster the vitality and
economic success of the various commercial districts located within the City; and
WHEREAS, the Land Development Regulations of the Code of the City of Miami Beach
contain regulations designed to insure successful commercial development in the commercially
zoned districts throughout the City; and
WHEREAS,the City Commission deems it advisable to require Conditional Use approval
for certain types of commercial uses which have the potential for generating negative impacts to their
surrounding neighborhoods and commercial areas; and
WHEREAS, the City Commission deems it advisable to discourage the concentration of
an excessive number of commercial establishments of a similar type and nature in commercial
districts within a particular geographic area of the City;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Section 118-192 entitled "Review guidelines" of Chapter 118 entitled
"Administration and review procedures" of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Sec. 118-192. Review guidelines.
Conditional uses may be approved in accordance with the procedures and standards of this article,
provided that:
(1) The use is consistent with the comprehensive plan or neighborhood plan if one exists for the
area in which the property is located.
(2) The intended use or construction will not result in an impact that will exceed the thresholds
for the levels of service as set forth in the comprehensive plan.
(3) Structures and uses associated with the request are consistent with these land development
regulations.
(4) The public health, safety, morals, and general welfare will not be adversely affected.
(5) Adequate off-street parking facilities will be provided.
(6) Necessary safeguards will be provided for the protection of surrounding property,persons,
and neighborhood values.
(7) The concentration of similar types of uses will not create a negative impact on the
surrounding neighborhood. Geographic distribution t °nceixtiktio .'of similar types of conditional
uses should be endi couraged.
SECTION 2. That Section 142-273 entitled "Conditional uses" of Chapter 142 entitled "Zoning
districts and regulations" of the Code of the City of Miami Beach,Florida is hereby amended to read
as follows:
DIVISION 4. CD-1 COMMERCIAL,LOW INTENSITY DISTRICT
* * *
Sec. 142-273. Conditional uses.
The conditional uses in the CD-1 commercial, low intensity district are adult congregate living
facilities; nursing homes; religious institution; public and private institutions; schools; day care
facility;pawnshops,video game arcades,warehouses;any use selling gasoline;neighborhood impact
establishment; and storage and/or parking of commercial vehicles on a site other than the site at
which the associated commerce, trade or business is located. See section 142-1103.
* * *
SECTION 3. That Section 142-303 entitled "Conditional Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
DIVISION 5. CD-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT
* * *
2
•
•
Sec. 142-303. Conditional uses.
The conditional uses in the CD-2 commercial,medium intensity district are adult congregate living
facilities; funeral home; nursing homes; religious institution; pawnshops, video game arcades.,
public and private institutions; schools; any use selling gasoline; outdoor entertainment
establishment; neighborhood impact establishment; open air entertainment establishment; and
storage and/or parking of commercial vehicles on a site other than the site at which the associated
commerce, trade or business is located. See section 142-1103.
SECTION 4. That Section 142-333 entitled "Conditional Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
DIVISION 6. CD-3 COMMERCIAL,HIGH INTENSITY DISTRICT
* * *
Sec. 142-333. Conditional uses.
The conditional uses in the CD-3 commercial, high intensity district are adult living congregate
facilities; outdoor entertainment establishment, neighborhood impact establishment, open air
entertainment establishment,nursing homes; religious institution, video game arcades,public and
private institutions; schools and major cultural dormitory facilities as specified in section 142-1332;
and storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce,trade or business is located,except such storage and/or parking of commercial
vehicles shall not be permitted on lots with frontage on Lincoln Road, Collins Avenue, 41st Street
and 71st Street. See subsection 142-1103(c). When located on that portion of Lincoln Road that is
closed to traffic,these uses shall comply with section 142-335.
* * *
SECTION 5. That Section 142-693 entitled "Permitted Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 142-693. Permitted uses.
* * *
(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 nightclubs are not permitted as a main permitted
3
or accessory use 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.
(d) Commercial and noncommercial parking lots and garages shall be considered as a conditional
use in the R-PS1, 2, 3 and 4 districts.
Video game arcades shall be considered as a conditional use in the C-PS 1. C-PS2. C-PS3
and C-PS4 districts.
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH.FLORIDA
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 Code of the City of Miami Beach 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 8. SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect on the 27th day of March 1999.
PASSED and ADOPTED this 17th day of March , 1999.
ATTEST: MAYOR
( �
ELi-
CftY
CLERK APPROVED AS TO
FORM & LANGUAGE
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F:\PLASPLBUAN\VID01378\1378F1N ORD ®R EXECUTION
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1st reading 2/17/99 4
2nd reading 3/17/99 /
iy Attorney C)s
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MIAMI BEACH POLICE DEPARTMENT
STRATEGIC INVESTIGATIONS UNIT ���"•�"- -,'•
T Chief James Scarberry DATE: December 22, 1998
'ia chain of command
r" 7r) (-13 -
(1)FROM: Det. Jason Psaltides ,___S -.-
SUBJECT: Proposed Ordinance for Conditional Use of Commercial Establishments
Pursuant to your request, the following pertains to the proposed ordinance for
Conditional Use of Commercial Establishments.
When viewing Sections 142-273, 142-303 and 142-333,and determining the potential
adverse impact certain commercial establishments have on the surrounding community and
the overall the quality of life influence, the following should be noted:
All Tattooing must be done by licensed personnel under FSS §877.04. Additionally,
no minors shall be tattooed without written notarized consent of the parent or legal guardian.
Certain commercial establishments (tattoo parlors, video arcades, body piercing
establishments, fortune telling, et al) attract teenagers, and most notably, minors. A new
statute enacted in 1998 is FSS §877.22. Under this statute, minors are prohibited in public
places during the following hours:
• Sunday through Thursday (except legal holidays) 2300-0500 hours.
• On weekends: 0001 to 0600 hours.
• When a minor is expelled or suspended from school: 0900-1400
hours on school days and within 1000 feet of school.
Appended is a copy of the new State Statute. By State definition (§1.01). a minor is
anyone who has not attained the age of 18 years. When the State Statutes deal with alcohol,
then a minor is anyone who has not attained the age of 21 years.
Additionally, County Ordinance 21.203 defines a minor as anyone under 17 years of
age. Ordinance 21-203(i) lists curfew hours as between 2300 and 0600 the following day
from Sunday to Thursday, and 2400 to 0600 the following day from Friday evening to
Sunday Morning. County Ordinance 21.204 states that minors (under 17) cannot linger,
congregate,move about,wander or stroll into any public or semi-public place in Miami-Dade
County, either on foot or upon any conveyance being driven or parked thereon, during
curfew hours. Certain exceptions apply: when accompanied by an adult, during the course
of lawful employment, when traveling interstate, when on an errand and with written
instructions from parent/ guardian, or when participating in an organized school or civil
event. The County Ordinance further restricts the curfew time by one hour(0600 in lieu of
0500 hours), but classifies a minor as under 17 years of age, in lieu of under 18 years of age
per the State law.
Reference to Fortunetellers and Spiritual Advisors. FSS §817.28 pertains to
Fraudulent Obtaining Property by Gambling. The statute states:
-Whoever by ... any game... pretensions of fortune telling, or other
means by the use of cards or other implements, fraudulently obtains
property of any description, shall be punished as if he or she had been
convicted of larceny"
"Property of any description" is considered anything of value, including money.
Spiritual Advisors can be considered a part of this group. However, the vagueness of the
statute is interpreting the meaning of"pretensions of fortune telling". Pretension means
using grandiloquence or rhetoric,or masquerading, or posing, as a fortuneteller. If a person
insists he or she is a genuine fortuneteller, and without a Gypsy legal barometer to gauge the
validity of a fortuneteller,the statute may not apply. Fortune Telling-for-hire may be illegal
per se, but the statute can be challenged.
Historically, problems with juvenile gangs and narcotics sales have been associated
with tattoo parlors. Additionally, problems with juvenile gangs and truants have been
associated with video arcades and body piercing boutiques.
If these establishments are in close proximity to one another, it may amplify the
adverse impact on the surrounding establishments. The proposed ordinance addresses this
concern. However, the prohibition of"an excessive number of commercial establishments"
is not defined. Additionally, the cumulative affect - a multitude of these establishments
spread out over a wider geographic area, decreases the adverse impact on neighboring
establishments, but establishes a wider area of operation for the juvenile gangs and truants.
The drug dealing will still occur and the enforcement efforts will become more difficult.
CC: Maj Robbins
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•
CITY OF MIAMI BEACH
;ITV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
ittpAlm miami-beach.fl.us
COMMISSION MEMORANDUM NO. 2-2d-99
TO: Mayor Neisen O. Kasdin and - DATE: March 17, 1999
Members of the City C. mission
FROM: Sergio Rodriguez
City Manager /4
/SUBJECT: Second Re I ing - An Ordinance of the Mayor and City Commission of the
City of Miami Beach,Florida Amending the Code of the City of Miami Beach,
Florida, Amending Chapter 118 Entitled "Administration and Review
Procedures", Amending Section 118-192 Entitled "Review Guidelines" by
Adding a Review Criteria Addressing the Geographic Concentration of Uses;
Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section
142-273 Entitled "Conditional Uses", Section 142-303 Entitled "Conditional
Uses", Section 142-333 Entitled "Conditional Uses" and Section 142-693
Entitled "Permitted Uses" by Adding Video Game Arcades to the List of
Commercial Establishments Requiring Conditional Use Approval in the CD-1,
CD-2,CD-3,C-PS1, C-PS2, C-PS3 and C-PS4 Commercial Zoning Districts;
Providing for Inclusion in the Code of the City of Miami Beach, Florida;
Repealer; Severability; and an Effective Date.
RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
This proposed ordinance would add geographical concentration of similar uses to the list of
Planning Board review criteria for Conditional Use applications, and would require Conditional
Use approval for video game arcades. This proposed amending ordinance is part of a package
which includes a second ordinance which is also before the Commission today. These two
proposed amending ordinances have come about from a number of separate requests and
motivations:
a. Early in 1998, Commissioner Nancy Liebman requested that the City Attorney's Office
investigate the possibility of creating a distance separation requirement between tattoo
parlors.
b. In September 1998, the Washington Avenue Task Force expressed concern with the
possibility of video game arcades being located on Washington Avenue, as they believed
that this type of business would encourage night time teen age activity in violation of
curfew regulations.
AGENDA ITEM
DATE 3-11 -C19
•
c. On October 21, 1998, at the request of Commissioner Nancy Liebman, the Commission
referred to the Planning Board for consideration an amendment to the zoning ordinance
requiring conditional use approval of video game arcades, and the regulation of tattoo
parlors, body piercing establishments, tarot card readers and similar types of usage.
Note: On a separate, but related issue with regard to concentration of conditional uses,
Commissioner Jose Smith requested the City Commission on July 1, 1998 the referral to
the Planning Board for consideration of an amendment to the Zoning Ordinance to provide
for minimum distance separation between child care facilities.
After lengthy discussions with staff of the City Attorney's Office, the Miami Beach Police
Department and Planning Department staff, and consultation with members of the City
Commission, two ordinances were drafted, which address various aspects of the above requests.
These two proposed amending ordinances are before the City Commission today. The proposed
ordinance discussed in this staff report addresses concentration of uses/distance separation and
video game arcades; the companion ordinance addresses tattoo parlors, body piercing
establishments and commercial fortunetellers,and is discussed in a separate staff report. Regarding
this ordinance, at its January 26, 1999 meeting, the Planning Board voted 6-0 to recommend
approval of the subject ordinance as proposed.
At its February 17, 1999 meeting, the City Commission approved the proposed amending
ordinance on first reading by a vote of 6-1, with a slight modification to the language of the
ordinance discouraging geographic concentration of conditional uses. It is this revised ordinance
that is before the Commission today.
ANALYSIS
This proposed ordinance modifies the Land Development Regulations of the City Code in two
ways. First,the ordinance would add to the list of Planning Board review criteria for Conditional
Use applications an additional review criteria addressing the geographical concentration of similar
uses. Second,the ordinance would require Conditional Use approval for video game arcades in
all commercial zoning districts within the City.
Conditional Use Review Criteria-Geographic Concentration
In the past,when reviewing Conditional Use applications for various usages, the Planning Board
has had concerns regarding the concentration in one geographical area of an excess of the same
type of establishment or usage. This has applied to usages requiring Conditional Use approval such
as daycare facilities, schools, public and private institutions, as well as neighborhood impact
establishments and outdoor entertainment establishments. Planning Department staff has had
occasion to prepare planning studies detailing the location of similar usages in the surrounding
area, in order to show the concentration, or lack thereof, of establishments in a particular area.
In order to address these concerns, the concept of required distance separations has often been
contemplated, for example as in Commissioner Smith's original request for distance separations
for daycare facilities. However,in examining this issue,the legal basis for distance separations has
presented certain constitutional law questions. Additionally, while many of the usages requiring
•
Conditional Use approval would not be appropriate in large concentrations in a single geographical
area, the prospect of creating requirements for distance separations for a great number of these
separate usages, each with their individual characteristics and issues of relevance, would not be
feasible.
Therefore,the Administration has concluded that the proper approach to this issue would be to add
to the review criteria for Conditional Use approval an additional review criteria addressing
geographic concentration. Currently, the regulations require that Conditional Use applications
must meet the criteria for approval in a number of areas, including consistency with the
Comprehensive Plan and the Land Development Regulations, impact on levels of service, public
health, safety, morals, and general welfare, off-street parking, and the protection of surrounding
property, persons, and neighborhood values. The proposed ordinance would add an additional
review criteria,requiring that the concentration of similar types of uses will not create a negative
impact on the surrounding neighborhood. This provision ensures that in order to discourage
geographic concentration, conditional uses should not be located within close proximity to other
similar conditional uses.
Video Game Arcades
The rationale for regulating video game arcades is the fact that these establishments are known to
attract groups of young people,especially during late-night hours, and this may be contrary to the
provisions of the Miami-Dade County curfew Ordinance 21.204 which restricts unaccompanied
minors under the age of seventeen(17)from public places after the hour of 11:00 p.m. on weekdays
and 12:00 midnight on weekends.
In order to preserve and foster the vitality, diversity and economic success of the various
commercial districts located within the City,it is deemed necessary to monitor and restrict business
establishments that serve as attractors for youths after the hours specified by the curfew. Gang-
related activity is also a concern in areas of the City known to attract youths after the curfew hours.
Requiring Conditional Use approval for video game arcades, which have the potential for
generating negative impacts on their surrounding neighborhood and commercial areas, will insure
that these establishments are carefully scrutinized to minimize these potential negative impacts.
CONCLUSION
Regarding the proposed amendment which is before the Commission today, adding a Conditional
Use review criteria addressing geographic concentration will discourage the concentration of
similar type conditional uses within a particular geographic area of the City. Secondly, requiring
Conditional Use review and approval of video game arcades will insure that these establishments
do not generate negative impacts on their surrounding neighborhood and commercial settings
within the City. Based on the foregoing analysis, the Administration recommends that the
Commission adopt, upon second reading public hearing, the proposed amending ordinance to
Section 118 and Section 142 of the Land Development Regulations of the Code of the City of
Miami Beach, Florida.
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