R5I-Clarify-Modify Conditional Uses In CD-2 Zoning Districts -Malakoff-lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the rioht amount."
COMMISSION ITEM SUMMARY
Condensed 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.
Item Summary/Recommendation :
SECOND 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.
On November 19,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the subject Ordinance at First Reading
and scheduled a Second Reading Public Hearing for December 17,2014.
The Administration recommends that the City Commission adopt the Ordinance.
T:\AGENDA\2014\DecembeACD-2 CU+ N Beach - SUM 2nd Read.docx
AGENDA rrem RS I
DArE lL'l'?- lq
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 !nformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm 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.
Clerk's Office
Thomas Mooney
MIAMIBEACH 431
MIAMI BEACH
City of Itliomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE GIry
OF MIAM! BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEAGH, FLORIDA BY AMENDING CHAPTER 142, ..ZONING
DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, "CD.2 COMMERGIAL MEDIUM INTENSITY
D!STR!CT," BY AMEND!NG SECTION 142.303, "GONDITIONAL USES," BY
MODIFYING AND CLARIFYING CONDITIONAL USES IN ALL CO.z
DISTRICTS AND ADDING STAND ALONE ALCOHOL, DANCE HALL AND
ENTERTAINMENT ESTABLISHMENTS AS A GONDITIONAL USE IN
NORTH BEACH; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
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-z, 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
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
Mayor Philip Levine and Members of t
Jimmy L. Morales, City Manager
December 17,2014 S NG - PUBLIG HEARING
City
Clarifying and Modifying Gonditional in CD-2 Zoning Districts
432
Commission Memorandum
Ordinance Amendment - Clarifying and Modifying Conditional Uses rn CD-2 Zoning Districts
December 17, 2014 Page 2 of 2
also corrects this error.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYSIS
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 IMPAGT
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.
UPDATE
On November 19, 2014, the City Commission approved the Ordinance at First Reading
and scheduled a Second Reading Public Hearing for December 17,2014. The City
Commission also referred a discussion item to the Land Use and Development
Committee pertaining to incompatible uses and Neighborhood lmpact Establishment
(NlE) thresholds in North Beach.
Finally, the Commission requested a list of stand-alone alcoholic beverage
establishments in North Beach. Attached is a copy of these establishments.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDA\2014\December\CD-2 CU+ N Beach - MEM 2nd Read.docx
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GLARIFYING AND MODIFYING CONDITIONAL USES
IN CD.2 ZONING DISTRIGTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEAGH, FLORIDA BY AMENDING GHAPTER 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 MOD!FYING AND CLARIFYING
CONDITIONAL USES IN ALL CD.2 DISTRICTS AND ADDING STAND
ALONE ALCOHOL, DANCE HALL AND ENTERTAINMENT
ESTABLISHMENTS AS A CONDITIONAL USE IN NORTH BEAGH;
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 CIry
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts
Regulations," Division 5, "CD-2, Commercial,
amended as follows:
and Regulations," Article ll, "District
Medium lntensity District," is hereby
Sec. 142-303. - Gonditiona! uses.
-..v-..-..-.-,...
Street, Alten Read and Dade Beulevard arei
with aleehelie beverage lieenses (aleehelie beverage establishments) with mere than
(a) The conditional uses in the CD-2 commercial, medium intensity district include the
1of 3
435
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;(! Adult congregate living facilities;
(!) Funeral home;
(Q Nursing homes;
({) Religious institution;
(!) Pawnshops;
(Q) Video game arcades;
(l) Public and private institutions;
(9) Schools;
(Q) 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; and
(14) and Storage and/or parking of commercial vehicles on a site other than the site
at which the associated commerce, trade or business is located. See Section
142-1103.
(b) Sunsef HarbourNer'qhborhood. ln addition to the conditional uses specified in
section 142-303(a), and subiect to the conditional use criteria in section 118-192(a),
itional uses in the CD-2 commercial. medium intensitv district in
Harbour neiohborhood. oenerallv bounded A
Main use parkinq qaraqes;
Restaurants with alcoholic beveraoe licenses (alcoholic beveraoe
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 Eeach 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
(1) Alcoholic beverage 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 commercial, medium intensitv district in the South Alton
Road Corridor. which includes orooerties located alono Alton Road between 6th and
11'n 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 storaqe warehouses shall follow
the development reoulations for "self storaoe warehouse" in section 142-305 and
2of 3
(1)
(2)
and Dade Boulevard shall also include the followinq:
436
setback requirements in section 142-307.
192(a); self sterage wareheuses shall enly be permitted te be eensidered by the
*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. CODIFICAT!ON
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.
SECT!ON 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 ,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Readlng:
Second Reading.
Verified By:
RM , AICP
Planning Director
T:\AGENDA\2014\December\CD-2 CU + N Beach - ORD 2nd Read.docx
3of3
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
usa
November 19,2014
December 17,2014
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1.lNE I rH(lRsDAI,nffrl:YM470r] .i.
I4HE I THURSDAY, DECEMBTR 4" 2O'I4 NE
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CITY OF MIAMI BEACH CITY
COMMISSION
NOTICE OF PUBLIC HEARING
ORDINANGE AMENDMENT
CLARIFYING AND MODIFYING
GONDITIONAL USES
IN CD.2 ZONING DISTRICTS
NOTICE lS HEBEBY given that a public hearing will be heard by the Mayor
and Ciby Cornmission of the City of Miami Beach, Florida, in the Comrnission
Chambers, 3rd Floor, Olty Hall, 1700 Convention Center Drive, Miami Beach,
Florida, on Wednesday, December 17, 2014 at 5:15 p.m., or as soen thereafter
as the matter can be heard, to consider:
Glarifying and Modifying Conditional Uses ln GD-2 Zoning Districts
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By
Amending Chapter 142, "Zoning Districts And Hegulatioos," fu1i"1* ll, "District
Flegulations," Division 5, "CD-Z Commercial Medium Intensity District," By
Amending Section 142-303, "Conditional Uses," By Modifying And Clarifying
Conditional Uses ln All CD-2 Districts And Adding Stand Alone Alcohol,
Dance Hall And Entertainment Estabtishments As A Conditional Use ln North
Beach; Providing For Codification; Repealer; Severability; Applicability; And An
Effective Date,
lnquiies may be directed ta tl:e Planning Depadment at 305.673.7550.
INTERESTED PARTIES are invhed to appear at this meeting, or be represented
by an agent, or to express their views in writing addressed to the City
Commission, c/o the City Clerk, 'l 700 Convention Center Drive, l"t Floor, City
Hall, Miarni Beach, Florida 33.139. This item is available for public inspection
during normal business hours in the City Clerk's Office, 170t] Convention
Center Drive, 1s Floor, City Hall, Miami Beach, Florida 33139, This item may be
continued, and under such circumstances, additional legal notice need not be
provided.
Pursuant to Section 286.0105, Fla. Stat., the Ctty hereby advises the public
that if a person decides to appeal any decision made by the City Commission
with respectto any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or
admission of othenrise inadmissible or irelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To requestthis material in alternate format, sign language interpreter (five-day
notice required), intormation on access for persons with disabilities, andlorany
accommodation to review any docurnent or participate in any city-sponsored
proceedings, call 305.604.2489 and select 1 for English or 2lor Spanish, then
option 6; TW users may call via711(Florida Relay Service).
Rafael E, Granado, City Clerk
Ad 974 City of Miarni Beach
Xi.riHcrald(om I iltAHt HERTLD
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