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R9D-Reconsider Vote Alton Rd Buffer Overlay -R5J- 4-23-14 Commission Mtg -Malak@ MIAMIBEACH TO: FROM: CC: DATE: SUBJECT: Pleose ploce this item on the April 30, 2014 Commission Meeting Agendo. I wish to reconsider my vote on the Alton rood buffer overloy R5J; I wos on the prevoiling side. The reconsiderotion hos to do with odding conditionol use. Pleqse see the suggested wording from Tom Mooney below: Section 142-859 (e) Land Use: Main permitted uses, conditional uses and accessory uses shall be permissible as set forth in the CD-2 district regulations, with the following exceptions: (1) Restaurants, bars, entertainment establishments and similar uses shall not be permitted at any level above the ground floor, except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space. This subsection shall not apply to existing and proposed retail uses in buildings classified as 'contributing' and existing in this district as of the effective date ofthis ordinance. (4) Retail uses at any level above the ground or first floor shall not exceed 2,500 square feet per tenant. This subsection shall not apply to buildings classified as 'contributing' and existing in this district as of the effective date of this ordinance. Any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of 10,000 square feet, inclusive ofoutdoor seating areas, shall require conditional use approval. This subsection shall not apply to properties containing buildings classified as 'contributing' and existing in this district as ofthe effective date ofthis ordinance, provided such property has not been combined or aggregated with adjacent properties. Notwithstanding the foregoing, the regulations in Chapter 742, Article V, Division 6, Entertainment Establishments, shall continue to apply to uses in this overlay district. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the Agenda ltem Date OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM Jimmy L. Moroles, City Monoger Joy V. W. Molokoff, Commissioner Rofoel Gronodo, Jose Smith, Jose Jimenez, Roul Aguilo, Thomos Mooney April 21 , 2O14 Alton Rood Bulfer Overloy (2) (3) 147 ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use the se areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. This subsection shall not apply to properties containing buildings classified as 'contributing' and existing in this district as of the effective date of this ordinance, provided such property has not been combined or aggregated with adjacent properties, and Conditional Use Approval is obtained from the Plannine Board. The only chonge is in (4) Conditionol Use Approvol must be obtoined from the Plonning Boqrd. I believe this protection is needed to protect residentiol oreos in close proximity to the Alton Rood buildings. Thonk you very much. lf you hove ony questions, pleose contoct me ol extension 6622. JWVM 148