R5H-Clarify-Modify Conditional Uses In CD-2 Zoning Districts -Malakoff-COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to clarify conditional uses in all CD-2 districts and
adding standalone alcoholic beverage, dance hall and entertainment establishments as conditional
uses in North Beach.
lntended Outcome S
AGENDA ITEil R5 H
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to
Item S ummary/Recommendation :
FIRST READING - PUBLIC HEARING
The proposed Ordinance would clarify conditional uses in all CD-2 districts, as well as add standalone
alcoholic beverage, dance hall and entertainment establishments as conditional uses in North Beach.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First and schedule a Second Reading Public Hearing for December 17,2014.
On October 28, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 7 to 0 (Planning Board File No.2220).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Glerk's Office
Thomas Mooney
T:\AGENDA\2014\November\CD-2 CU+ N Beach - ORD 1st Read SUM.docx
MIAMIBEACH oArE ll-l+,(374
MIAMIBEACH
City of iliomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISS]ON MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE GITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 142, "ZONINGDlsTRlcTS AND REGULATIONS", ARTICLE il, ,,DISTRICT
REGULATIONS," DIVISION 5, "CD.2 COMMERCIAL MEDIUM INTENSIry
DISTRICT," BY AMENDING SECTION 142.303, "CONDITIONAL USES," BY
MODIFYING AND CLARIFYING CONDITIONAL USES IN ALL CD-z
DISTRICTS AND ADDING STAND ALONE ALCOHOL, DANCE HALL AND
ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL USE IN
NORTH BEAGH; PROVIDING FOR CODIFIGATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for December 17,2014.
BACKGROUND
On September 30, 2014, the City Commission referred an Ordinance Amendment to the
Land Use and Development Committee and the Planning Board, modifying the
Conditional Uses in the CD-2, Commercial Medium lntensity Districts of North Beach,
establishing standalone bars, dance halls, and entertainment establishments as
conditional uses.
The Land Use and Development Committee discussed the proposed Ordinance on
October 1, 2014, and recommended that the Planning Board transmit the proposed
Ordinance to the City Commission with a favorable recommendation.
Separately, while researching the background for progress reports submitted to the Land
Use Committee pertaining to Sunst Harbour Parking District No. 5, staff realized that a
drafting error occurred in the original Ordinance. ln this regard, when the conditional use
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
Glarifying and Modifying C
FIRST READING - PUBLIC HEARING
Uses in CD-2Zoning Districts
375
Commission Memorandum
Ordinance Amendment - Clanfying and Modifying Conditional Uses rn CD-2 Zoning Disticts
November 19, 2014 Page 2 ot 2
section for the CD-2 zoning district was previously updated to include the lower
threshold for Neighborhood lmpact Establishments (NlE) modifed in the Sunset Harbour
area, the text amendment inadvertently modified the conditional uses for the rest of CD-
2 zoning districts that are outside of the Sunset Harbour area. The proposed ordinance
also corrects this error.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYS!S
Currently, in CD-2 zoning districts, alcoholic beverage and entertainment establishments
with an occupational load of less than 200 persons do not require Conditional Use
review by the Planning Board. ln light of the fact that the three CD-2 zoning districts in
North Beach are surrounded on all sides by residential districts, composed primarily of
non-transient residential units, it is recommended that an extra level of oversight by the
Planning Board for non-restaurant alcoholic beverage establishments would be
appropriate within the CD-2 areas of North Beach.
There is already precedent for such a level of review, as the CD-2 areas of Sunset
Harbour prohibit outdoor entertainment establishments, neighborhood impact
establishments and open air entertainment establishment. Additionally, in the CD-2
areas of Sunset Harbour, a lower occupational load threshold has been established for
Conditional Use review of alcoholic beverage establishments.
PLANNING BOARD REVIEW
On October 28, 2014, the Planning Board (by a 7-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for December 17,2014.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\20'14\November\CD-2 CU+ N Beach - ORD lo Read MEM.docx
376
CLARIFYING AND MODIFYING CONDITIONAL USES
!N CD.2 ZONING DISTRICTS
oRDtNANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAM! BEACH, FLORIDA BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM
INTENSITY DISTRICT,'' BY AMENDING SECTION 142.303,..CONDITIONAL USES,'' BY MODIFYING AND CLAR!FYING
CONDITIONAL USES IN ALL CD.2 DISTRIGTS AND ADDING STAND
ALONE ALCOHOL, DANCE HALL AND ENTERTAINMENT
ESTABLISHMENTS AS A CONDITIONAL USE IN NORTH BEACH;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbor neighborhood, as delineated by the boundaries in
this ordinance is a neighborhood in transition from the light industrial uses that originally
occupied the area, to an area of mixed uses; and
WHEREAS, a clarification is necessary in order to correctly identify the uses that
are intended to be permitted through a conditional use permit within the Sunset Harbor
Neighborhood in the Land Development Regulations; and
WHEREAS, the North Beach neighborhood, as delineated by the boundaries in
this ordinance is comprised of more intensive commercial corridors in close proximity to
low-intensity residential districts; and
WHEREAS, is it is desirable to encourage uses that are compatible with the low
scale character of the neighborhood; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 5, "CD-2, Commercial, Medium lntensity District," is hereby
amended as follows:
Sec. 142-303. - Gonditional uses.
(q) The conditional uses in the CD-2 commercial, medium intensity district include the
followinq: in the Sunset Harbo
2gm Street, Nten Read a
1of 3
377
with aleehelie beverage lieenses (aleehelie beverage establishments) with mere than
100 seats er an eeeupaney eentent (as determined by the Fire Marshall) in exeess ef
125 persens and a fleer area in exeess ef 3,500 square feet;
fll Adult congregate living facilities;
(Q Funeral home;
(Q Nursing homes;
(!) Religious institution;
(!) Pawnshops;
(Q) Video game arcades;
(Z) Public and private institutions;
(€) Schools;
(9 Any use selling gasoline;
(10) New construction of structures 50,000 square feet and over (even when divided
by a district boundary line), which review shall be the first step in the process
before the review by any of the other land development boards;
(1 1 ) Outdoor entertainment establishment;
(1 2) Neighborhood impact establishment;
(13) Open air entertainment establishment;
(14)and Storage and/or parking of commercial vehicles on a site otherthan the site
at which the associated commerce, trade or business is located. See Section
142-1103.
(b) Sunsef Harbour Neiqhborhood. ln addition to the conditional uses specified in
section 142-303(a). and subiect to the conditional use criteria in section 118-192(a).
conditional uses in the CD-2 co
Harbour neiohborhood Alton
and Dade Boulevard shall also include the followino:
(1) Main use parkino oaraoes:
(2) Restaurants with alcoholic beveraqe licenses (alcoholic beveraqe
establishments) with more than 100 seats or an occupancv content (as
determined bv the Fire Marshall) in excess of 125, but less than 199 persons
and a floor area in excess of 3.500 square feet.
(c) Norfh Beach Nehhborhood. ln addition to the conditional uses specified in section
142-303(a). and subiect to the conditional use criteria in section 118-192(a).
conditional uses in the CD-2 com
(1) Alcoholic beveraqe establishments (not also operatinq as a full restaurant with a
full kitchen. servino full meals):
(2) Dance halls:
(3) Entertainment establishments.
(d) Soufh A/fon Road Corndor. ln addition to the conditional uses specified in section
142-303(a). and subiect to the conditional use criteria in section 118-192(a).
conditional uses in the CD-2 commerci
11th Street. shall also include the followinq:
(1) Self storaqe warehouse. provided the minimum distance separation between self
storaqe warehouses shall be 300 feet and self storaoe warehouses shall follow
2of3
378
the development requlations for "self storaqe warehouse" in section 142-305 and
setback reouirements in section 142-307.
Fer purpeses ef this seetien; in additien te the eenditienal use eriteria in seetien 118
192(a); self sterage wareheuses shall enly be permitted te be eensidered by the
planning beard as a eenditienal use fer preperties leeated within a CD 2 distriet aleng
in
SECTION 2. 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 3. 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 re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf 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
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: November 19,
Second Reading:
14
1417,
Verified By:
Planning Director
T:\AGENDA\2014\November\CD-2 CU + N Beach - ORD First Read.docx
nr4F
3of3
379
IAIE J llslRSDAY. I{Qv-EF48EF 6, iolr r.f tliirniHsr$d,(om I llBl{ }ERAID
-
--. ,*. $
-.-,,-.
K.ffi***JSji.**1i,'\,', :ilAf*L;r. lJr-r. ,, ..;;i_f,X\_l :
CITY SF MIAhf,I EEAGH CITY COMITIIISSION
TUOTICE OF FUBLIC HEARIHG
ONUHAHCE AMENBRfiEruT
CLARIFYI NG AIITT} MOT}IFYI tUG
fiOHtrITIONAL U$E$
IN CD.2 ZONING DISTRICT$
ilEmGE E I*EBEBV giv,€il thst I publtr hu*rlng wlll bs flecId by th€
ir[*y*r md City Corr'jrnisioo of thE CitV of Miarni Baach, F]orrids. ln the
fornrn$asion ehErnbers. 3rd Iloor, City H*ll" !I0f Csnrrcnlion *enter 0riva,
ME*rni 8eaah, Florids. on !*I*dnced*y. Nsrsfirher l[8, U[I4 *t ',lIi{H} n,re,
sF 66 *Dofi thereafier as thfl rn,6tter cen hf hEeFd, tE sonaid€r:
cOfiumOilAL USE REgU{ftEilEEI'ITS FOR cs-Z li*$imlGr$.
An Ord:inancr OI Thr Mayor And City Commleclon Of The Ciry Of Miarel
8saeh. F$orids* AnrendingTho Csdr O{The City Of Miarni tuach, Florida 8y
Amanding fhsptsr 142, "Zoning Di*trictsAnd ts*grf*tion*?Arlicls ]1,'Dtcrdst
Hegulati*rusi Divirion S.'C0-l fornmerci€l tfiediurt fntrncity Fi;trict," 8y
&mending $e$tion 142-m3"'S+nditional UsseJ $y M*d6{fing And Clarifying
Condilicnal Usee ln All CD.z Eietrict8 And Adding $tBnd Alon€ A3cohotr,
Dance l{atli And Enbrtainmsflt E8tsb?ishnxsilts As A Conditional Uts ln N$fth
*a*ch ; Fre,s[din g For Cod ific*tlon; Rapa*l er; S,evuru bi I ity: App l]cab:i lity; And
An EffEctive treia /nqurler may *e dirpsted rs the Frgonlngr Separtrnent Sl
305.F73.r55o
lS{TEnf;STE0 ftAffI}Hg are invitrd to nppror at this meeting, nr be
r€Fr€i€ilted hy an agenl, or lo BxpreEB the[r views in v*riting addrn*sed
ts tfie City CorEmEsej+n, do the Cfu Clert- 1700 Cqnvrfttlon Centrer Orive.
!* Flu*r, giry Hsltr, {\tlami Beacfi. Ftorida Sllffi.Tfi]s item Esavaliabl+far pub}ic
Inrpection duriaq, rormal buslnsss irtur* En tfi,e City f,lcrk'e OrTIc{, 1700
ConventiQn Cent*r Etius, l" Flsor, City HSli" MiEml SEArh" Flrrida 331S-This
itern may be continued, and unrJe r ruch circumstance€. odditionaf Eegel notice
nerd nol be providrd"
Fr.lrsusnt to Sertion ?86.S105, Fla. Srst, tha City h*reby advises the publ'ic
t!"lst ii s pBrEeft decidEE Is 6pp6al any deci*icm rfisde by th6 City Commisxiott
wilh rery*r.l lo Bny r?iSfi6r considBrsd €i tts ffi$Efing or ltE hssrtrrrt$- sueh
Fsr$stl rn(jst ens{ire th*t s vclhstlm recsrd of t}r* promadingr is rn*de, which
reeqrd inctudes the teetirneqy end er*idensa upsft t+h,ich rfie oppeal is lo be
based,This notice doBs ncrt car-tBtilute cons*nt hy the City forths intrsducti+n
cr rdrnission of othe nnlse linsdrnris*ihle fir ine$*iJg{tt evidencr, non dnes it
auth*rns dralfenger or apB*ale nst othcrarire sl]o$rsd by law,
?o rcqur*t thl8 mfil€d8l in aree*sible ,srrnst, rign :language iritElptlEters,
information s$ assss fsr pilrsnc wilh d,is.cbilitie s sndisr efiy
gee&mffi$d*liprr 1o rEvi6rq afiy doeumsfit or pffr$clFfft* In rny City"*Forit$&r*d
pr'aceeding, p?ease contact us five days in advancs Et 305.673,741'llwlcel or
TTY userc mey also c€llths Florida Eeloy $rrvtw at 711,
ftafa*l E, Granado, fity Cl+rk
City of hliarn:i Beach
960
380
3 lg$ !g!;[;3E
s s EE tarff s E ig IE i3i EEF u EE
EI s:E riirilEg € $ iiE g*fEE i E EEE
[i EEi iEi E *'
$E IEi IIEEIIEI i $ t:s EEEEE E E iEEiI iEi Eii ;'
iI gEi tEEiiEii i i iEi IEEEE E $ EEEI'
-E
'E 'i
i; ;ii irgiiigi i i EEi
gEgii g i EElri igi li; EI
ii EiI iiEEgEEE i E Eii iEiEIg iE E iiiEiiiiE iIi EE
il Elitl
giiiilig g g
IEIS
ggEEii gi
E
gggiiEgiiE
iiggii
oo-z()E
IJJ IJI6-
=xg6
5D
* r.r-lr, Otru
bHoz
rtl
!l!
tuiz1ull
*t
sl51Ni
!di
ri6i
=i>ioizjilor
d
=IiFi
,]
I!s
-i
E1_al:i_:
ol
<:e
-:=is:
=:
381