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95-21687 Reso RESOLUTION NO. 95-21687 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING RESOLUTION NO. 95-21631 BY PROVIDING NEW TIMES FOR THE 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 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 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, on July 12 , 1995 the Mayor and City Commission of the City of Miami Beach adopted Resolution No. 95-21631 which established dates and times for City Commission consideration of 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, 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 2 • 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, due to scheduling constraints it is more appropriate and convenient to reset the times for the public hearings regarding the above-stated Ordinance . 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 3 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 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 4 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 at a public hearing on September 13 , 1995 at 4 : 00 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 Convention 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 Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 26th day of July 4 , ATTEST: MAYOR C TY CLERK SWS:scf:6.0disk9\newtimes.res FORM APPROVED Legal Dept. By T 5 Date ig