95-21686 Reso RESOLUTION NO. 95-21686
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING DATES AND TIMES FOR TWO
PUBLIC HEARINGS TO CONSIDER AN ORDINANCE OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS" , AMENDING SUBSECTION 6-2 , ENTITLED "RM-1
RESIDENTIAL MULTI FAMILY, LOW INTENSITY" BY CLARIFYING
THAT USES THAT SERVE ALCOHOLIC BEVERAGES ARE NOT
PERMITTED; AMENDING SUBSECTION 6-3 , ENTITLED "RM-2,
RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY" AND
SUBSECTION 6-4, ENTITLED "RESIDENTIAL MULTI FAMILY, HIGH
INTENSITY" BY CLARIFYING THAT USES THAT SERVE ALCOHOLIC
BEVERAGES ARE PERMITTED AS ACCESSORY USES AND NOT AS MAIN
PERMITTED USES AND BY LISTING ACCESSORY OUTDOOR
ENTERTAINMENT ESTABLISHMENTS, NEIGHBORHOOD IMPACT
ESTABLISHMENTS AND OPEN AIR ENTERTAINMENT ESTABLISHMENTS
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, at the request of the Planning Board, the Planning,
Zoning and Historic Preservation Services Division has recommended
an ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida, amending Comprehensive Zoning Ordinance No. 89-
2665, amending Section 6 , entitled "Schedule of District
Regulations" , amending Subsection 6-2, entitled "RM-1 Residential
Multi Family, Low Intensity" by clarifying that uses that serve
alcoholic beverages are not permitted; amending Subsection 6-3 ,
entitled "RM-2, Residential Multi Family, Medium Intensity" and
Subsection 6-4, entitled "Residential Multi Family, High Intensity"
by clarifying that uses that serve alcoholic beverages are
permitted as accessory uses and not as main permitted uses and by
listing accessory outdoor entertainment establishments,
neighborhood impact establishments and open air entertainment
establishments as conditional uses; providing for inclusion in the
Zoning Ordinance; providing for repealer, severability and an
effective date; and
WHEREAS, on July 25, 1995 the City' s Planning Board will hold
a public hearing to consider the proposed amendments and will vote
on a recommendation as to whether the Mayor and City Commission
should adopt the proposed Ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-
2665, the proposed Ordinance must then be considered by the Mayor
and City Commission at public hearings.
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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 6,
entitled "Schedule of District Regulations" , amending Subsection 6-
2 , entitled "RM-1 Residential Multi Family, Low Intensity" by
clarifying that uses that serve alcoholic beverages are not
permitted; amending Subsections 6-3 , entitled "RM-2, Residential
Multi Family, Medium Intensity" and 6-4, entitled "Residential
Multi Family, High Intensity" by clarifying that uses that serve
alcoholic beverages are permitted as accessory uses and not as main
permitted uses and by listing accessory outdoor entertainment
establishments, neighborhood impact establishments and open air
entertainment establishments as conditional uses; providing for
inclusion in the Zoning Ordinance; providing for repealer,
severability and an effective date, on first reading at a public
hearing on September 13 , 1995 at 4 : 01 p.m. , and that, if the
proposed Ordinance passes on first reading, a second reading and
public hearing is hereby called to be held before the City
Commission in its Chambers on the Third Floor of City Hall, 1700
3
Convention Center Drive, Miami Beach, Florida, on September 27,
1995, beginning at 3 : 31 p.m. , and the City Clerk is hereby
authorized and directed to publish appropriate Public Notice of
the said Public Hearings in a newspaper of general circulation in
the City of Miami Beach, at which time and place all interest
parties will be heard.
PASSED and ADOPTED this 26th d- , •f July 1995 .
4111 _______ /
I i
ATTEST: A _
MAYOR
C Y CLERK
SWS:scf:6.0disk9\outdoor2.res
FORM APPROVED
Legal Dept.
By c--
Date 514,5 7-20-ff
4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. (4j`)5 9.
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
JULY 26, 1995
r
FROM: Jose Garcia-Pedrosa .11
City Manager (/7
SUBJECT: SETTING : OF PUBLIC HEARING - AN ORDINANCE OF THE
MAYOR AD CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS", AMENDING
SUBSECTION 6-2, ENTITLED "RM-1 RESIDENTIAL MULTI
FAMILY, LOW INTENSITY BY CLARIFYING THAT USES THAT
SERVE ALCOHOLIC BEVERAGES ARE NOT PERMITTED;
AMENDING SUBSECTIONS 6-3, ENTITLED "RM-2,
RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY" AND 6-
4, ENTITLED "RM-3, RESIDENTIAL MULTI FAMILY, HIGH
INTENSITY" BY CLARIFYING THAT USES THAT SERVE
ALCOHOLIC BEVERAGES ARE PERMITTED AS ACCESSORY USES
AND NOT AS MAIN PERMITTED USES AND BY LISTING
ACCESSORY OUTDOOR ENTERTAINMENT ESTABLISHMENTS,
NEIGHBORHOOD IMPACT ESTABLISHMENTS AND OPEN AIR
ENTERTAINMENT ESTABLISHMENTS AS CONDITIONAL USES;
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 for this companion amending
ordinance regarding the regulation of outdoor entertainment
establishments, neighborhood impact establishments and open air
entertainment establishments as accessory uses within the RM-2 and
RM-3 Residential Multi Family zoning districts. Said ordinance
also clarifies that uses that serve alcoholic beverages are not
permitted within the RM-1 Residential Multi Family zoning district
and are accessory uses only in the RM-2 and RM-3 districts.
Since this is a companion ordinance to the Outdoor Entertainment
Ordinance that was already set for public hearing on September 13
PAGE 1 OF 4
AGENDA ITEM R"-- — P
DATE q D
and for September 27, 1995, the Administration recommends that
those public hearings be reset before 5: 00 p.m. so that this
companion ordinance and that ordiance may be heard together.
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.
That ordinance was unanimously (6-0, one absentee) recommended for
approval by the Planning Board at their June 27 , 1995 public
hearing. The Board also expressed concern at this meeting that
these types of newly defined establishments have not been given
consideration as accessory uses in the RM-2 and RM-3 zoning
districts where such uses may be permitted. In order for the
6/27/95 amendment to be consistent and uniform throughout the City,
the Planning Board requested that a similar amendment be brought
back to the Board at their July meeting to address these accessory
uses.
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On July 12, 1995 the City Commission set the public hearings for
the 6/27/95 (Outdoor Entertainment Establishment) ordinance for
September 13th and the 27th, 1995. Since the attached amendment is
a companion ordinance to that amendment, the Administration is
setting the public hearing prior to the Planning Board public
hearings in order for both ordinances to be heard simultaneously.
On two related matters, a new amendment was heard by the Board at
their July 25th meeting 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 was heard regarding the designation of a "Cabaret
District" on Ocean Drive between 9th and llth Streets as stipulated
to in the newly adopted Noise Ordinance. This "Cabaret District"
amendment is also being set for public hearings today.
ANALYSIS
What follows is an analysis of each section of the proposed
amendment.
Section 1.
This section deletes old language in the RM-1 Residential Multi
Family Low Intensity district by specifically deleting the
reference to "Uses that serve Alcoholic Beverages as listed in
Section 12 (Alcoholic Beverages) " under the Main Permitted Uses
section. This reference is an error that was created by mistake at
the inception of the Zoning Ordinance in October of 1989 and is
being removed since the RM-1 district is strictly for residential
development and does not allow commercial eating and drinking
establishments as main or accessory uses.
Section 2 .
This section also deletes old language in the RM-2 Residential
Multi Family Medium Intensity district by deleting specifically the
reference to "Uses that serve Alcoholic Beverages as listed in
Section 12 (Alcoholic Beverages) " under the Main Permitted Uses
section. This reference is being removed since the RM-2 district
is strictly for residential development and does not allow
commercial eating and drinking establishments as main uses. The
only time an eating or drinking establishment would be allowed
would be as an accessory use to a hotel. For that reason,
accessory outdoor entertainment establishments, neighborhood impact
establishments and open air entertainment establishments are also
being listed as conditional uses.
PAGE 3 OF 4
Section 3 .
This section also deletes old language in the RM-3 Residential
Multi Family High Intensity district by deleting specifically the
reference to "Uses that serve Alcoholic Beverages as listed in
Section 12 (Alcoholic Beverages) " under the Main Permitted Uses
section. This reference is being removed since the RM-3 district
is strictly for residential main uses and only permits commercial
eating and drinking establishments as accessory uses. These
establishments may be accessory to hotels or apartment buildings.
For that reason, accessory outdoor entertainment establishments,
neighborhood impact establishments and open air entertainment
establishments are also being listed as conditional uses.
The last sections of the amendment provide for inclusion in the
Zoning Ordinance, repealer, severability and 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 for this companion amending ordinance regarding the regulation
of outdoor entertainment establishments, neighborhood impact
establishments and open air entertainment establishments as
accessory uses within the RM-2 and RM-3 Residential Multi Family
zoning districts. Said ordinance also clarifies that uses that
serve alcoholic beverages are not permitted within the RM-1
Residential Multi Family zoning district and are accessory uses
only in the RM-2 and RM-3 districts.
Since this a companion ordinance to the Outdoor Entertainment
Ordinance that was already set for public hearing on September 13
and for September 27 , 1995, the Administration recommends that
those public hearings be reset before 5: 00 p.m. so that this
companion ordinance and that ordiance may be heard together.
DJG\MHF\DISK#10\1231CMS.95
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