Ordinance 2021-4397 CD-2 Alton Road Outdoor Movie Theaters— Revised Boundaries
ORDINANCE NO. 2021-4397
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, BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION
142-310, ENTITLED "SPECIAL REGULATIONS FOR ALCOHOL BEVERAGE
ESTABLISHMENTS," TO MODIFY THE BOUNDARIES OF THE AREA IN
WHICH OUTDOOR MOTION PICTURE THEATERS AND ACCESSORY
OUTDOOR BAR COUNTERS ARE PERMITTED; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the Alton Road Corridor; and
WHEREAS, outdoor motion picture theater uses are an innovative entertainment use that
will help encourage the commercial success of the Alton Road area; and
WHEREAS, the operational conditions set forth in this Ordinance will promote
compatibility and mitigate impacts to the neighborhood associated with outdoor motion picture
theaters; and
WHEREAS, this Ordinance reduces the boundaries of the area in which outdoor theaters
are permitted, in order to further promote compatibility and mitigate impacts to the neighborhood.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142 of the City Code, entitled "Zoning districts and regulations," Article II,
"District regulations," Division 5, "CD-2 Commercial, medium intensity district," is hereby amended
as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 5. —CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-310. - Special regulations for alcohol beverage establishments.
(a) Alton Road corridor. The following additional requirements shall apply to alcoholic
beverage establishments, whether as a main use, conditional use, or accessory use,
that are located on the west side of Alton Road and east of Alton Court, between 5th
Street and 11th Street, and between 14th Street and Collins Canal; and properties on
the east side of West Avenue, between Lincoln Road and 17th Street, except alcoholic
beverage establishments fronting Lincoln Road between West Avenue and Alton Road:
*
(8) Notwithstanding the foregoing, for properties located between 16th Street and
Collins Canal, outdoor motion picture theaters with accessory outdoor bar counters
may be permitted, including on rooftops, subject to conditional use approval
pursuant to chapter 118, article IV, and subject to the following operational
limitations:
a. The outdoor motion picture theater use shall front on Alton Road.
b. No television, radio, and/or recorded background music may exceed an
ambient volume level (i.e. a volume that does not interfere with normal
conversation). On rooftops, audio from motion picture presentations shall
only be delivered to patrons through individually-worn headphones.
c. Movie projectors and related equipment, as well as all theater screens or
displays, shall be oriented away from immediately neighboring residential
areas, and projections may not be substantially visible from the right-of-way.
The projection system shall be designed so as not to negatively impact
adjacent residential areas.
d. Outdoor motion picture theaters shall be limited to no more than one (1)
screen or display per establishment.
e. Outdoor motion picture theaters shall commence operations no earlier than
4:30 p.m. and shall cease operations no later than 12:00 a.m. on weekdays
and 1:00 a.m. on weekends. Any accessory bar counter shall commence
operations no earlier than 4:30 p.m. and shall cease operations no later than
11:00 p.m. on weekdays and 12:00 a.m. on weekends. The accessory bar
counter may be open and operational only during times when the theater
use is operational.
f. Outdoor motion picture theaters shall have no more than three (3) movie
showings per night.
g_ Any outdoor bar counter shall be located away from immediately
neighboring residential areas and shall not be substantially visible from the
right-of-way.
h. The area surrounding any bar counter in which alcoholic beverages may be
served shall be segregated to comply with the applicable requirements of
chapter 6 of this Code, and. Additionally, this bar area, as well as any area
that allows for the congregation of non-seated patrons, shall incorporate
sound attenuation devices in order to reduce the level of noise. Such sound
attenuation devices must be submitted as part of a sound study prepared
by a licensed acoustical engineer, peer reviewed, and presented to the
2
planning board as part of the review of the CUP application. The sound
study shall include methods of absorbing and or re-directing sound and
noise generated by ambient music and patron conversation.
L Theater seats shall be required at all times and shall not be removed from
the movie viewing areas during all times the business is open. This shall not
preclude the temporary removal of seats for cleaning and maintenance
purposes.
SECTION 2. CODIFICATION. 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 3. REPEALER. All ordinances or parts of ordinances and all section and parts of
sections 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 and ADOPTED this day of J4414 4.1 , 20 al .
Dan Gelber
Mayor
ATTEST:
Rafael . ado Cit Clerk
APPROVED AS TO FORM AND
;,"B' LANGUAGE AND FOR EXECUTION
INCOfiP ORATED \`nom *3'0j1Ma
. City Attorney 0_Date
First Reading: December 9, 2020
Second Reading: January 13, 2020
Verified by:
Thomas Mooney, AICP
Planning Director
T:\Agenda\2020\12 December 9\Planning\CD-2 Outdoor Movie Theaters Revised Boundaries-First Reading ORD.docx
3
Ordinances- R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: January 13, 2021
5:03 p.m. Second Reading Public Hearing
SUBJECT:CD-2 ALTON ROAD OUTDOOR MOVIE THEATERS - REVISED
BOUNDARI ES
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, BY AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," SECTION 142-310, ENTITLED "SPECIAL REGULATIONS FOR
ALCOHOL BEVERAGE ESTABLISHMENTS," TO MODIFY THE
BOUNDARIES OF THE AREA IN WHICH OUTDOOR MOTION PICTURE
THEATERS AND ACCESSORY OUTDOOR BAR COUNTERS ARE
PERMITTED; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On February 12, 2020, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item regarding outdoor movie theaters serving alcohol and located on
Alton Road to the Land Use and Sustainability Committee (Item C4 X). The item was
discussed at the February 18, 2020 LUSC meeting and continued to March 17, 2020. The
March 17, 2020 LUSC meeting was cancelled. The LUSC reviewed the proposal on May 6,
2020 and recommended that the City Commission discuss the proposed Ordinance. The
LUSC did not make a formal recommendation.
On May 13, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred
the item to the Planning Board (item R9 B). On June 24, 2020 the Planning Board held a public
hearing and transmitted the Ordinance (with modifications) to the City Commission with a
favorable recommendation by a vote of 6-0.
On July 29, 2020 the City Commission approved the Ordinance at first reading with
modifications. The City Commission, at the request of Vice Mayor Mark Samuelian, requested
that the City Attorney's Office and the Administration work with him to bring back amendments at
Page 960 of 1954
second reading regarding the boundaries of the proposal, as well as the impact on the
surrounding area.
On September 16, 2020 the City Commission adopted the Ordinance (Ordinance no. 2020-
4358). At the request of Commissioner Samuelian, the City Commission also referred a
separate ordinance to the Planning Board to shorten the geographic boundaries of the area
where outdoor movie theaters serving alcohol are allowed along Alton Road.
ANALYSIS
PLANNING ANALYSIS
Ordinance No. 2020-4358 authorized outdoor movie theaters serving alcoholic beverages as a
conditional use in CD-2 districts fronting the west side of Alton Road, between 5th Street and
Collins Canal. When the item was considered by the City Commission, concerns were raised
that a proliferation of outdoor theatre uses serving alcohol might negatively impact surrounding
residential areas in certain portions of the corridor.
In order to minimize potential negative impacts to residents of outdoor movie theaters serving
alcohol the City Commission referred a separate ordinance to the Planning Board that limits the
geographic boundaries for such outdoor theatres that front on the west side of Alton Road. In
this regard,the proposed Ordinance requires that such uses be limited to a reduced geographic
boundary near Lincoln Road, which tends to contain the most intense commercial uses along
the Alton Road corridor. This also ensures that such theaters are within easy access to the
many tourists and residents that are shopping, dining,and enjoying the Lincoln Road corridor.
The proposed Ordinance includes a simple modification to the boundaries that were
established in Ordinance No. 2020-4358. The proposal reduces the boundaries for outdoor
theatres serving alcohol so that they are only permitted as a conditional use in CD-2 districts
fronting the west side of Alton Road between 16th Street and Collins Canal. The administration
is supportive of this proposed amendment and recommends approval.
PLANNING BOARD REVIEW
On November 17,2020 the Planning Board held a public hearing and transmitted the Ordinance
to the City Commission with a favorable recommendation by a vote of 6-0.
UPDATE
The City Commission approved the subject Ordinance at first reading on December 9, 2020
with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Page 961 of 1954
Legislative Tracking
Planning
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
Page 962 of 1954
SUNDAY DECEMBER 17 MO NEIGHBORS I I27N
MIAMIHERALDCOM -
CITY OF MIAMI BEACH v 1.
NOTICE OF PUBLIC HEARING CITY OF MIAMI BEACH
ORDINANCE AMENDING CD-2 ALTON ROAD NOTICE OF PUBLIC HEARING
OUTDOOR MOVIE THEATERS-REVISED BOUNDARIES ORDINANCE AMENDING POST
JANUARY 13, 2021 CITY COMMISSION MEETING DISASTER TEMPORARY ZONING RELIEF
On January 13,2021.the City of Miami Beach will boat a Hybrid Commission Meeting.DurIng the JANUARY 13 2021
Hybrid Commission Meeting,a quorum of the City Commission will be physically present in a socially 7
distanced manner at the Convention Center,while staff,applicants,and the public attend the meeting CITY COMMISSION MEETING
virtually.TMa Meeting Is being held as a Hybrid Meeting,In compliance with Resolution No.2020.31474,
to comply with social distancing recommendations intended to protect the life and safety al Individuals in
the community during the Coronaviros/COVID-19 pandemic.Members of the public may comment on any On January 13 2021.tee My el Miami Beach tilt Rost a set rid Cpnadstbu Nesting.During be Hybrid Com/sew Lateens a quern
item on the agenda using the Zoom platform.To participate or provide comments virtually,the public may of be Cde Gmmissin.ice be physically present In a socially&panted mixer Cl the Contention Center,vette sod.aopAcann and the
join the City Commission Meeting at hRtos'/fmlamibeachftcoy.zaom,us/i/89I094756811 or via telephone pihuc Mend ON neabno NMaay.This Medal b ening told as a Hybrid Mewing,in campiWce with Resablm No.202041474,to carety
at 1.929.205.6099(U.S.)or 888.475.4499(Toll Free).Weblnar ID:89109475640e. MA sodal distancing remmmendadcm Intended to prokct the be and Wary d Irdiddeab N the carn.untry during the Coeanareua/
Members the pubOe wanting to speak on an Item during the required to cllek the'raise COv1Dt9 weenie Members d the pabec may connert m any nem on the agenda using the Zone Odom.Ta poticlpale or craude
Mande icons of to the Zoomorpress'o onathe telephonet l0 raise meeting,a are reg Members of thepublic sammanls*Nary,the pNc sustain the City Caemasin Metal at Mpulniamibeechagcv.sop unel19109175190 w Oa telephone et
9 app I.5n9.205.1005&Ls.)or I8aA61499([lig Feet Wednal lD a9109175690r.
who do not have access to a computer and wish to provide public comment at the Commission meeting,
may appear in-person a1 the Miami Beach Convention Center,1901 Convention Center Drive,Washington Venter,d the pubic mantes to speak n an item Ruin/the meeting arereadiedto clO the-mise hard'ion I using the loam app
Avenue Enhance,Room 237,Mlaml Beach.FL 33139.At this location,members of the public will be C ems'0 an the telephone b ride Them hand.Siemensd the puNlc.Aa da no:have min to a oompu;C and cid b protide putllc
provided access to a computer to provide public comment(only In audio fortnl on agenda Item(s).
(Orme al the Oummbtianmeeing,may Wear Woman al the Miami Beach Contention WWI.1901 Comenln Cen'Rr DMe,Waeaglan
Avenue EnVmce,Room 237,Agarol Beech,FL 31135.Al Me location.'umbels at the pubis 41 be provided access to a peewee la pride
NOTICE IS HERESY GIVEN that the fallowing Public Hearing will be heard by the Mayor and City pubic um.medio/yi audio tonal on agenda herald.
Commissioners of the City of Miami Beach.Florida,on January 13,2021 at S03 pen.or as soon NOTICE IS HEREBY 51101 sal INe WINng public Hearing.0 be heard be the Nap end CJh Commisernan d the Cit of MIamI
thereafter as the matter can be heard: Bosh.Florida.on January 13,2021 at S:Ot p.m,or as soon tlereaner as the mann tet be heard'
5103 n.m.Second Reedlna Public HHT(°9 502 ase Secad Readlo Pehlie Headna
CD-2 ALTON ROAD OUTDOOR MOVIE THEATERS-REVISED BOUNDARIES POST DISASTER TEMPORARY ZONING RELIEF
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA, AN ORDNANCE OF THE MAYOR ANO CITY COMMISSION OF THE CITY OF SHAW BEACH,FLORI2A,AMENOING THE CODE Of THE
AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA.BY AMENDING CHAPTER 143, COY OF AdAM1 BEACH,FLORIOA,BY AMENDING CHAPTER:15.ENTITLED'aDMMISTRATION ANO REVIEW/ROCEOURES;ARTICLE I,
ENTITLED'ZONING DISTRICTS AND REGULATIONS.'ARTiCLE II. DISTRICT REGULATIONS,"DIVISION ENTtRED SOWN;DM90N7.ENTITLED'FUNNING BOARD:SECTION'WOO,ENTITLED'MEETINGS AND PROOF:HINES',,MARION
5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,'SECTION 142-310, ENTITLED -SPECIAL 3.ROMEO'DESIGN RENEW B0AR0.'SECTION 116-T5,ENTITLE°'WONU AND VEINS';=SIN 1,'HISTORIC PRESERVATION
REGULATIONS FOR ALCOHOL BEVERAGE ESTABLISHMENTS,'TO MODIFY THE BOUNDARIES OF BOARD;SECTION r1610fi,ENR0'JO
TIED' RUY AND VOTING';AND OMSfON 5.ENTITLED'BOARD OF ADJUSTMENT.'SECTION
THE AREA IN WHICH OUTDOOR MOTION PICTURE THEATERS AND ACCESSORY OUTDOOR BAR 110-131,ENTITLED'MEETINGS AND RECORDS,'TO AMEND REQUIREMENTS PERTAINING TO ATTENDANCE AND PARTICIPATION AT
COUNTERS ARE PERMITTED;AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, PUBLIC N
MEETINGS;BY AMENDING CHAPTER Ila,ENTITLE()-AOMImSTRATION AND RENEW PROCEDURES:CREATING ARTICLE 214
TO BE ENTITLED-TEMPORARY EMERGENCY USES;TO ESTABLISH A PROCESS TO AUTHORIZE TEMPORARY USES WANG A STATE
AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 119-164 or the City's Land OF EMERGENCY,BY AMENDING CHAPTER 117 OF INE CITY CODE.ENTITLED'ZONING DISTRICTS AND REGULATIONS.'ARTICLE A.
Development Code lngwriea may be directed to the Planning Department el 305 673.7550. ENTITLED'DISTRICT REGULATIONS;DIVISION 7,ENTIRA]-RN-I,454.RSA R5.4 SINGLE-FAMILY RESIDENTIAL DISTRICTS:SECTION
INTERESTED PARTIES are Invited to take part in this meeting or be represented by an agent.The 141-101.ENTITIES'SETBACK REQUIREMENTS FOR A SINGLE-FAMILYOETMNyO OWEWNG-'To AUTHORIZE THE USE OF A CAMPER
public may submit Women comments by sending an email to:CjlYClerk rniamibeachl,uol by 5:00 p.er. TRAILER OA RECREATIONAL VEHICLE ASA TEMPORARY DWELLING OURINGASTATE OF EMERGENCY,WHERE A RESIDENCE HAS BEEN
DEEMED UNINHABITABLE,AND BY AMENDING CHAPTER
the day before the City Commie:don Meeling.Please identity the Agenda Item Number In the emelt subject N2 OF THE Cir COOS.ENTITLED-ZONING OIStRiCT5 ANO REGULATIONS.'
line,Emails received will be forwarded to the Mayor and Commissioners and will be included as a Dart of ARTICLE N.ENTITIES'SUPPLEMENTARY DISTRICT REGULATIONS;DMSION T.ENTRLED-GENERALLY.'AT SECTION,a7474.EETITIED
the meeting record. 'REQUIRED ENCLOSURES'TO AUTHORRE THE UNITED OUTDOOR SALE AND RENTAL OF HOME IMPROVEMENT PRODUCTS DURING
g A STATE OF EMERGENCY:AND P(PACING FOR REPEALER.SEVERABILITY,CODIFICATION AN0 AN EFFECTIVE OATS lis Dr61wNe
Copies of Agenda Items are available for public inspection at httnetwww,mlamibeachfLoav/cile-h&I(( Deng Roue paean!to Secvon pa-161 o/Me Coys Ladbeebpermt Cede Section Z OS or the Cray Charre.And 1166011 S.maWiea may
city-clerk/agenda-archive-rnain-page-2l.This meeting,or any item therein,mai be continued,and under be*Wed ss et Planing&pelmet U 3056717Sn
such e4cumslances,additional legal notice need not be provided. INTERESTED PARTIES ere Incited to lake part In this meths or be represented by an agent.The pubic may submh*then cammenu
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that If a person decides to by amen an mid lc Dl,Clerkaml,MheatAAla by SAO pm et day be.,the Cdy Commisslcn Needs;Ream Wordy de Agenda
dam Number In et emai sub;sct Ina.Emelt received sol W bearded to the Mayor and Commissioners and dl be Included as a pan or
appeal any decision made by the City Commiaalon with respect to any matter considered at iib meeting
the eeadrq record.
or Its hearing,such person must ensure that a verbatim record of the proceedings Is made,which record
Includes the testimony and evidence upon which the appeal Is to be based.This notice does not constitute Copies d Agenda Aron are reelable Ice pubic Inspection et hOpvhemendamibeath6lwlnrldloMd,Ualeda-pddNemale-
consent by the CLty for the introduction or admission of otherwise Inadmissible or Irrelevant evidence,nor pais-2f.lila meeting,cr any bun therein.may be cardnued,and undo such dtnnm'xes,midland legal notice need rot be waviest
does 11 authorize challenges or appeals not otherwise allowed by law. Pvwant io Section 1160105 Ra.Sett,lis Cly hereby aedaea Or.pubic the it a person decides to appeal any decision made by em
To request the material In alternate format,clan Ialglaage (five-day notice required).Information �'Commission atlu rtsped to any matter considered at its meeting or n Manna,such perms must ensure Ihci a wbetm rcoord lir Ins
as for persons with lnmut hies,and/oraccommodation Interpreter lo review any document or partldpate proceerOns a made,did,record'iedud/a are lm rues ant evidence wpm ahkh the appeal6 to be based.This notice does not coneine
on p anyconsent by the City b lir Idrodunian or admission of othenese Inadmissible or Inelegant widens,,nor don I aueade chaeanpee or
In any City-sponsored proceedings,call 305,604.2489 and select 1 for English or 2 Tor Spanish.then eppealsne olherslseallaoed bytes
option 6;TTY users may call Na 711(Florida Relay Service). To request IDs mental'n dense lermn,Ha,lam aage akroreur(beds/notice reeveal.kdormaeen a'access far persona.et
The City Commission Meeting will be broadcast the on Miami Beach TV(MBTYI,viewable on the CIty'a Clutchka,andira any aeoomumdadan to mire any documed lir aareclpate In any CItysamwarad praceedlrye,WI aOs.tG4.2401 end
website at hOos;//www.mlamlbeachR,00elgovernment/mbty/,as well as on Atlantic Broadband Cable eke:I kr Enllhh al 2 for Spanish,tem option B,TTY ears may call da 11t(Fbdda Relay Senicel.
channel 660,AT&T U-verse channel 99,Hotwlre Communlcalions channel 395,and ROKU device on The Gey ComndWon Meeting ail be broadcast he n Mimi Beach IY NBTvt Mewable an me Oyes volute at heal:Mwmiatnamde.
PEG-TV channel,and On social media at ll0os'ldwrew.lacebooK Com/cilvofmtarnibeach. gealgacevnenynwei,asset lie m Alan*Broadband Cable chamrtl Meant linen,channel 99.Healre Communication ehemel395.
Rafael E Granado,City Clerk and ROM dote on PEO.TV chumel,and on soda,media as lepuhx.Jacebm4cor dd'yolnv+slbeach.
City of Miami Beach Read E.Granada Chy GaN
cityClerkieniamibeachl.aey City el MIN Beam
305.673.7411 O1yCJerk.tmMndbearhigae
305.673,7111
Ad 01/32021-07 Ad 0I132021.E
Page 966 of 1954