95-21631 Reso RESOLUTION NO. 95-21631
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 COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 3, ENTITLED "DEFINITIONS" , AMENDING
SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY CREATING
DEFINITIONS FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT" AND
"COMMERCIAL ESTABLISHMENT" ; CREATING SECTION 12B ENTITLED
"OUTDOOR ENTERTAINMENT ESTABLISHMENT" AND "NEIGHBORHOOD
IMPACT ESTABLISHMENT, " CREATING DEFINITIONS FOR
"ENTERTAINMENT" , "OUTDOOR ENTERTAINMENT ESTABLISHMENT" ,
"NEIGHBORHOOD IMPACT ESTABLISHMENT" AND "OPEN AIR
ENTERTAINMENT ESTABLISHMENT" ; PROVIDING REVIEW GUIDELINES
FOR SAID ESTABLISHMENTS; PROVIDING THAT APPEALS OF AN
ADMINISTRATIVE OFFICIAL' S DETERMINATION OF THE USE OF A
PROPERTY AS SAID ESTABLISHMENTS SHALL BE TO THE ZONING
BOARD OF ADJUSTMENT; AMENDING SECTION 6, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS" , AMENDING SUBSECTION
6-6, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY" BY LISTING
OUTDOOR ENTERTAINMENT ESTABLISHMENT, NEIGHBORHOOD IMPACT
ESTABLISHMENT AND OPEN AIR ENTERTAINEMENT ESTABLISHMENT
AS CONDITIONAL USES; AMENDING SUBSECTION 6-7 , ENTITLED
"CD-2 COMMERCIAL, MEDIUM INTENSITY" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS
CONDITIONAL USES; AMENDING SUBSECTION 6-8 ENTITLED "CD-3
COMMERCIAL, HIGH INTENSITY" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS
CONDITIONAL USES; AMENDING SUBSECTION 6-14, ENTITLED "I-1
LIGHT INDUSTRIAL DISTRICT" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS
CONDITIONAL USES; AMENDING SUBSECTION 6-16, ENTITLED "MXE
MIXED USE ENTERTAINMENT DISTRICT" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS
CONDITIONAL USES; PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission directed the Planning
Board to recommend amendments to the City' s Zoning Ordinance to
address problems relating to negative impacts resulting from the
operation of nightclubs in the City; and
WHEREAS, the Planning, Zoning and Historic Preservation
Services Division has recommended an ordinance amending
Comprehensive Zoning Ordinance No. 89-2665, amending Section 3,
entitled "Definitions" , amending Subsection 3-2, entitled "Terms
Defined" by creating definitions for "Alcoholic Beverage
Establishment" and "Commercial Establishment" ; creating Section 12b
entitled "Outdoor Entertainment Establishment" and "Neighborhood
Impact Establishment, " creating definitions for "Entertainment" ,
"Outdoor Entertainment Establishment" , "Neighborhood Impact
Establishment" and "Open Air Entertainment Establishment" ;
providing review guidelines for said establishments; providing that
appeals of an administrative official ' s determination of the use of
a property as said establishments shall be to the Zoning Board Of
Adjustment; amending Section 6 , entitled "Schedule of District
Regulations" , amending Subsection 6-6, entitled "CD-1 Commercial,
Low Intensity" by listing outdoor entertainment establishment,
neighborhood impact establishment and open air entertainment
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establishment as conditional uses; amending subsection 6-7,
entitled "CD-2 Commercial, Medium Intensity" by listing outdoor
entertainment establishment, open air entertainment establishment
and neighborhood impact establishment as conditional uses;
amending Subsection 6-8, entitled "CD-3 Commercial, High Intensity"
by listing outdoor entertainment establishment, open air
entertainment establishment and neighborhood impact establishment
as conditional uses; amending Subsection 6-14, entitled "I-1 Light
Industrial District" by listing outdoor entertainment
establishment, open air entertainment establishment and
neighborhood impact establishment as conditional uses; amending
Subsection 6-16, entitled "MXE Mixed Use Entertainment District" by
listing outdoor entertainment establishment, open air entertainment
establishment and neighborhood impact establishment as conditional
uses; providing for inclusion in the Zoning Ordinance; providing
for repealer, severability and an effective date; and
WHEREAS, on June 27, 1995 the City' s Planning Board held a
public hearing to consider the proposed amendments and voted in
favor of recommending the proposed ordinance for adoption by the
Mayor and City Commission; and
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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, amending Section 3 ,
entitled "Definitions" , amending Subsection 3-2, entitled "Terms
Defined" by creating definitions for "Alcoholic Beverage
Establishment" and "Commercial Establishment" ; creating Section 12b
entitled "Outdoor Entertainment Establishment" and "Neighborhood
Impact Establishment, " creating definitions for "Entertainment" ,
"Outdoor Entertainment Establishment" , "Neighborhood Impact
Establishment" and "Open Air Entertainment Establishment" ;
providing review guidelines for said establishments; providing that
appeals of an administrative official ' s determination of the use of
a property as said establishments shall be to the Zoning Board Of
Adjustment; amending Section 6, entitled "Schedule of District
Regulations" , amending Subsection 6-6 , entitled "CD-1 Commercial,
Low Intensity" by listing outdoor entertainment establishment,
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neighborhood impact establishment and open air entertainment
establishment as conditional uses; amending Subsection 6-7,
entitled "CD-2 Commercial, Medium Intensity" by listing outdoor
entertainment establishment, open air entertainment establishment
and neighborhood impact establishment as conditional uses;
amending Subsection 6-8, entitled "CD-3 Commercial, High Intensity"
by listing outdoor entertainment establishment, open air
entertainment establishment and neighborhood impact establishment
as conditional uses; amending Subsection 6-14, entitled "I-1 Light
Industrial District" by listing outdoor entertainment
establishment, open air entertainment establishment and
neighborhood impact establishment as conditional uses; amending
Subsection 6-16, entitled "MXE Mixed Use Entertainment District" by
listing outdoor entertainment establishment, open air entertainment
establishment and neighborhood impact establishment as conditional
uses; providing for inclusion in the Zoning Ordinance; providing
for repealer, severability and an effective date on first reading
on September 13 , 1995 at 4:00 p .m. , and that, if the proposed
Ordinances 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
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Center Drive, Miami Beach, Florida, on September 27 , 1995, beginning
at 3:30 p .m. , and the City Clerk is hereby authorized and
directed to publish appropriate Public Notice of the said Public
Hearing in a newspaper of general circulation in the City of
Miami Beach, at which time and place all interest parties will be
heard.
PASSED and ADOPTED this 12th day of July , 1995 .
ATTEST:
MAYOR
‘Cti----:--
ITY CLERK
SWS:scf:6.0disk9\outdoor.res
FORM APPI1C' TI`.
Legal Dept.
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CITY OF MIAN/V BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 532-OS
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
JULY 12 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: SETTING PUBLIC HEARING — AN ORDINANCE OF THE
MAYOR CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 3, ENTITLED
"DEFINITIONS", AMENDING SUBSECTION 3-2, "TERMS
DEFINED" BY CREATING A DEFINITION FOR "ALCOHOLIC
BEVERAGE ESTABLISHMENT" AND "COMMERCIAL
ESTABLISHMENT"; CREATING SECTION 12B ENTITLED
"OUTDOOR ENTERTAINMENT ESTABLISHMENT" AND
"NEIGHBORHOOD IMPACT ESTABLISHMENT" CREATING
DEFINITIONS FOR ENTERTAINMENT, OUTDOOR
ENTERTAINMENT ESTABLISHMENT, NEIGHBORHOOD IMPACT
ESTABLISHMENT AND OPEN AIR ENTERTAINMENT
ESTABLISHMENT; PROVIDING FOR REVIEW GUIDELINES FOR
SAID ESTABLISHMENTS; PROVIDING THAT APPEALS OF AN
ADMINISTRATIVE OFFICIALS DETERMINATION OF THE USE
OF A PROPERTY AS SAID ESTABLISHMENTS SHALL BE TO
THE ZONING BOARD OF ADJUSTMENT; AMENDING SECTION 6,
ENTITLED "SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-6, ENTITLED "CD-1 COMMERCIAL,
LOW INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT
AND OPEN AIR ENTERTAINMENT ESTABLISHMENT AS A
CONDITIONAL USE; AMENDING SUBSECTION 6-7 , ENTITLED
"CD-2 COMMERCIAL, MEDIUM INTENSITY" BY LISTING
OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR
ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT
ESTABLISHMENT AS A CONDITIONAL USE; AMENDING
SUBSECTION 6-8 ENTITLED "CD-3 COMMERCIAL, HIGH
INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT
AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS A
CONDITIONAL USE; AMENDING SUBSECTION 6-14 ENTITLED
"I-1 LIGHT INDUSTRIAL DISTRICT" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT
AS A CONDITIONAL USE; AMENDING SUBSECTION 6-16,
PAGE 1 OF 6
AGENDA ITEM U1
DATE —12.- /--
ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY
LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN
AIR ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD
IMPACT ESTABLISHMENT AS A CONDITIONAL USE;
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 on September 13 , 1995 and tentatively set a second reading
public hearing on September 27, 1995 regarding the creation of
Section 12B entitled "Outdoor Entertainment Establishment" and
"Neighborhood Impact Establishment" within Zoning Ordinance No. 89-
2665.
BACKGROUND
The City Administration had previously requested the Planning,
Design and Historic Preservation Division to study the inherent
problems related to nightclubs, which at a minimum, include traffic
congestion, lack of adequate parking (whether valet or self park) ,
unacceptable noise levels, crowd control, proximity of incompatible
uses and other negative impacts on surrounding residents and
properties.
On May 9 , 1995, the Planning Board conducted a workshop to discuss
the nightclub issue and the accompanying problems that are
associated with this type of operation and it was determined that
changing the definition of a nightclub may not be the appropriate
course of action. Presently, many establishments that would not be
considered a nightclub (under today' s definition within the zoning
code) may be a nuisance to adjacent properties and the surrounding
neighborhood regardless of the description on their occupational
license. The Board felt that an amending ordinance should address
the problems related with the use, rather than the definition of
the use itself.
On May 23 , 1995, the Board discussed a draft amendment to the code
that would define entertainment and would require establishments
with outdoor entertainment to be reviewed for approval via the
conditional use process. This would include indoor entertainment
that could be audible outdoors given the nature of the
establishment' s design. Also, any alcoholic beverage
establishment with an occupant content in excess of 300 patrons
would require conditional use approval. The new amendment would
provide a list of review criteria and would codify an appeal
process relevant to the determination of these types of uses.
PAGE 2 OF 6
The ordinance before you today, was unanimously (6-0, one absentee)
recommended for approval by the Planning Board at their June 27 ,
1995 public hearing. The Board approved the amending ordinance as
written and waived the zoning-in-progress regulations contained in
Section 14 of the Zoning Ordinance, due to the fact that the
Commission cannot hear this matter until September because of
noticing requirements.
On two related matters, a new amendment has been tentatively
scheduled to be heard by the Board in July regarding the
prohibition of outdoor bars in the City, except for oceanfront
hotels which could have such an amenity within the rear setback
area. And, also an amending ordinance has been scheduled at that
meeting to consider the designation of a "Cabaret District" on
Ocean Drive between 9th and 11th Streets as stipulated to in the
newly adopted Noise Ordinance.
ANALYSIS
The attached amending ordinance adds two new definitions to Section
3 entitled "Definitions" and creates a new Section 12B, entitled
"Outdoor Entertainment Establishments and Neighborhood Impact
Establishments" within the current Zoning Ordinance No. 89-2665.
What follows is an analysis of each section of the proposed
amendment.
Section 1.
This section of the amending ordinance creates definitions for an
"Alcoholic Beverage Establishment" and a "Commercial Establishment"
within Subsection 3-2 "Terms Defined" of the current zoning code.
These terms would be used throughout the entire zoning code and are
included for clarification purposes.
Section 2 .
This portion of the proposed amendment creates the new Section 12B,
entitled "Outdoor Entertainment Establishments and Neighborhood
Impact Establishments" which is made up of three subsections;
Definitions, Review Criteria and an Appeal of a Determination
process relevant to the determination of these types of uses.
The first subsection, 12B-1, entitled "Definitions" creates new
definitions for entertainment and establishments with outdoor
entertainment that would be reviewed under conditional use
procedures for approval . Establishments with indoor entertainment
(as newly defined) that was audible outdoors due to the design of
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the building would also require conditional use approval. In
addition to these particular types of uses, Alcoholic Beverage
Establishments with an occupant content of 300 hundred or more
patrons would come under these new regulations. The new
definitions would be as follows:
For the purpose of this section, the following terms, phrases
and words shall have the meaning given herein:
A. "Entertainment" shall mean any live show or live
performance or music amplified or non-amplified.
Exceptions: Indoor movie theater; Big screen television
and\or background music, amplified or non-amplified,
played at a volume that does not interfere with normal
conversation.
B. "Neighborhood Impact Establishment" shall mean an
Alcoholic Beverage Establishment with an occupant content
of three hundred (300) or more persons as determined by
the Chief Fire Marshall.
C. "Open Air Entertainment Establishment" shall mean a
Commercial Establishment which provides entertainment, as
defined in paragraph A, indoors or in an enclosed
courtyard or area which by its design is open to the
outside, thereby enabling the entertainment to be audible
outdoors.
D. "Outdoor Entertainment Establishment" shall mean a
Commercial Establishment which provides outdoor
entertainment as defined in paragraph A.
The intent of these new definitions is to include all uses with
entertainment, as defined above, which is either outdoors or
indoors but audible outdoors, to be reviewed pursuant to the
conditional use process. The term entertainment as proposed would
exclude amplified or non-amplified background music as long as it
is played at a volume that would not interfere with normal
conversation. In this manner, an exterior sound system or a
strolling musician playing music at a volume that does not
interfere with normal conversation in an outdoor restaurant would
not require conditional use approval. However, the sound level of
the establishment would still be subject to the regulations within
the noise ordinance. Also, any establishment that serves alcoholic
beverages and the occupant content of the establishment had been
set by the City' s Fire Marshall at 300 or more patrons would
require conditional use approval .
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The second Subsection 12B-2 , entitled "Review guidelines" creates
new review criteria for these types of uses that would be used in
addition to the existing Conditional Use review procedures as
listed in Section 17 of the current zoning code. Presently,
conditional uses may be approved in accordance with the procedures
and standards of Section 17 , 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 this Ordinance.
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.
The additional new review criteria would be as follows:
A. An Operational\Business Plan which addresses hours of
operation, number of employees, menu items, goals of
business, and other operational characteristics pertinent
to the application.
B. A Parking Plan which fully describes where and how the
parking is to be provided and utilized, eg. , valet,
selfpark, shared parking, after-hour metered spaces and
the manner in which it is to be managed.
C. An indoor\outdoor Crowd Control Plan which addresses how
large groups of people waiting to gain entry into the
establishment, or already on the premises will be
controlled.
D. A Security Plan for the establishment and any parking
facility.
E. A Traffic Circulation Analysis and Plan which details the
impact of projected traffic on the immediate neighborhood
and how this impact is to be mitigated.
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F. A Sanitation Plan which addresses on-site facilities as
well as off-premises issues resulting from the operation
of the establishment.
G. A Noise Attenuation Plan which addresses how noise will
be controlled to meet the requirements of the Noise
Ordinance.
H. Proximity of proposed establishment to Residential Uses.
I. Cumulative Effect of proposed establishment and adjacent
pre-existing establishments.
The request would also be reviewed by pertinent City Departments
for additional comments regarding the proposed use. These City
Departments would include the Legal, Finance, Code Compliance,
Building, Parking and Police Departments in addition to review by
the Planning, Design and Historic Preservation Services Department.
The third proposed Subsection 12C-1, entitled "Appeal of A
Determination Regarding the Use of a Property as An Outdoor
Entertainment Establishment, Open Air Entertainment Establishment
or a Neighborhood Impact Establishment" codifies the appeal process
regarding the determination of these types of uses. Appeals would
be to the Zoning Board of Adjustment (BOA) as an administrative
relief process. Appeal of the BOA is already established to a
court of competent jurisdiction.
The next five sections of the amending ordinance add the newly
defined terms Outdoor Entertainment Establishment, Open Air
Entertainment Establishment and Neighborhood Impact Establishment
to the conditional use category of the CD-1, CD-2, CD-3 , I-1 and
MXE zoning district regulations.
The last sections of the amendment provide for inclusion in the
Zoning Ordinance with an effective date.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission set a first reading on September 13 , 1995 and
tentatively set a second reading public hearing on September 27 ,
1995 regarding the creation of Section 12B entitled "Outdoor
Entertainment Establishment" and "Neighborhood Impact
Establishment" within Zoning Ordinance No. 89-2665.
DJG\MHF\DISK#10\1227CMS.95
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