R5K-CPS-2 Entertainment -Grieco-COMMISSION ITEM SUMMARY
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to is "about the riqht amount."
Condensed Title:
An Ordinance to amend the requirements for non-amplified entertainment in the CPS-2 Zoning
District.
lntended Outcome S
Item Summary/Recommendation :
AGENDA ITEii R5 K
FIRST READING - PUBLIC HEARING
The proposed Ordinance would allow for non-amplified piano or string instruments within the inside of
restaurants located in the C-PS2 district, on the south side of Fifth Street between Michigan Avenue
and Alton Road through the Conditional Use process.
On February 18, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
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 Readinq and schedule a Second Readinq Public Hearinq for Julv 8, 2015.
On April 28, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2252).
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 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
budqet.
Clerk's Office
Thomas Mooney
T:\AGENDA9015\June\CPS2 Entertainment - SUM First Reading.docx
DArE 6-lo -15465
MIAMI BEACH
Ciry of miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
the City C
DATE: June 10,2015 FIRST READING - PUBLIC HEARING
SUBJECT: CPS-2 Entertainment - Non-Amplif\ed lnstruments
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING
DISTRICTS AND REGULATIONS;" ARTICLE ll, "DISTRICT
REGULATIONS'" DlVISION 18, ..PS PERFORMANCE STANDARD
DISTRICT" TO MODIFY PERMITTED USES WITHIN THE CPS-2 DISTRICT
TO INCLUDE NON.AMPLIFIED PIANO AND STRING INSTRUMENTS
WITHIN RESTAURANT INTERIORS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMI NISTRATION 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 July 8,2015.
BACKGROUND
On February 11,2015, the City Commission (ltem C4K), at the request of Comm. Michael
Grieco, referred a discussion item to the Land Use and Development Committee (LUDC)
regarding a proposed amendment to the City Code pertaining to allowable musical instruments
within enclosed restaurants in the C-PS2 district.
On February 18, 2015, the Land Use and Development Committee (LUDC) discussed the item
and proposed the attached amendment to Section 142-693(c) of the City Code pertaining to
permitted uses in CPS-2 districts.
On March 11, 2015, the City Commission (ltem C4B), referred the item to the Planning Board.
ANALYS!S
Section 142-693 of the Land Development Regulations lists "Permitted Uses" in the
Performance Standard Districts. Presently entertainment establishments are prohibited in the
areas south of Fifth Street, with the exception of certain accessory uses to large hotels. This
prohibition prevents restaurants from having any sort of entertainment for the patrons.
466
Commission Memorandum
CPS-2 Enteftainment
June 10,2015 Pase 2 of 2
However, there are certain circumstances under which a minimal level of entertainment would
be appropriate and create no impacts to surrounding residents. The proposed Ordinance allows
for the playing of non-amplified piano or string instruments within the inside of restaurants
located in the C-PS2 district, on the south side of Fifth Street between Michigan Avenue and
Alton Road through the Conditional Use process. ln addition to the safeguards provided by the
Conditional Use process, the proposed Ordinance requires that the instruments only be located
within the interior of the premises and must be played at a volume that does not interfere with
normal conversation. ln addition, it requires that the instruments only be played during periods
in which full meals are being served, and no later than 2:00 am.
PLANNING BOARD REVIEW
On April 28, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
FISCAL IMPACT
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; and 2) approve the attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for July 8,2015.
JLM/JMJ/TRM
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467
CPS.2 ENTERTAINMENT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZON'NG DISTRICTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION
18, "PS PERFORMANCE STANDARD DISTRICT" TO MODIFY PERMITTED
USES WITHIN THE CPS.2 DISTRIGT TO INCLUDE NON.AMPLIFIED PIANO
AND STRING !NSTRUMENTS WITHIN RESTAURANT INTERTORS;
PROVIDING FOR REPEALER; SEVERABILITY; GODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 142 is proposed to be amended to allow the limited use of non-
amplified string instruments within the interior of restaurants in the CPS-2 district; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 18. PS PERFORMANCE STANDARD DISTRIGT
***
Sec. 142-693. Permitted uses.
(c) For purposes of this section, pawnshops and dance halls and entertainment establishments
are not permitted as a main permitted or accessory use south of Fifth Street; however, in the C-
PS3 and C-PS4 districts dance halls and entertainment establishments shall be permitted as an
accessory use within a hotel of 250 rooms or more with access to the dance hall or
entertainment establishment only from the interior lobby and not from the street. Additionallv. for
restaurants located in the C-PS2 district. on the south side of Fifth Street between Michiqan
Avenue and Alton Road. non-amplified piano or strinq instruments. plaved at a volume that does
not interfere with normal conversation, mav be permitted as a conditional use within the interior
of the premises, in accordance with the requirements of Chapter 1 18. Article lV. and onlv durinq
periods in which full meals are beino served, and no later than 2:00 am.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
468
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SEGTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 24th,2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
\-5\zt\r9
Date
First Reading. June 10, 2015
Second Reading: July 8, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rifetnreush denotes removed lang uage
[Sponsored by Commissioner Grieco]
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469
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26NE I TiLRSDAY, MAY 28, ?OI5 \;MiamiHerdldrom I l'{Al'l filnALD
m"r*.*or--.
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CITY OF MIAMI BEACH
NOTICE OF AMENDMENTTO THE LAND
DEVELOPMENT HEGULATIONS OF THE CITY
OF MIAMI BEACH CODE OF ORDINANCES
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEBEBY given that public hearings will be held by the
Mayor and City Commissioners of the Cit/ of Miami Beach" Florida,
in the Commission Chambers,Third Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on June 10,2015 at 5:04 p.m., or as
soon thereafter as the matter can be heard, to consider:
CPS-2 Non-Am plif ied lnstruments.
An Ordinance Amending Chapter 142 "Zoning Districts And
Begulations;" Article ll, "District Begulations'j Division 18. "PS
Performance Standard District" To Modify PErmitted Us€s
WithinThe CPS-2 District-Ib lnclude Non-Amptified Piano And
string lnstruments wfthin Flsstaurant lnteriors; Providing For
Repealer; Severability; Codification; And An Effective Date.
lnquiries may ba diractad ta the Planning Department at 305.673.7550.
INTERESTED PARTIES are invited ta appear at rhis meeting, or be
represented by an agent, or to exprBss their viows in writing addressed
to the City Commission, do the City Clerk, 1700 Convention Center Drive,
First Floor, City Hall, Miami Beadr, Florida 33139.This itsm is available
for public inspection during normal business hours in the Office of the
City Clerk, 1700 Convention Center Drive, First Floor. City Hall, Miami
Baach, Florida 33139. This item may be continued, and under suctr
circumstances, additional legal notice ne6d not be provided.
Pursuant to Section 286.0105, Fla. Stat., th6 CIty hereby advises the
public that if a person decides to appeal any decision made by the
City Commission with respefi to 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 testirnony and evidence
upon which the appeal is to be based.This notlce does not constitute
consent by the City for the Introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request thls rnaterial in altornate format, sign language interpreter
(five-day notico required), information on access for persons with
disabilities, and/or any accommodation to review any document or
participatB in any City-sponsored proceodings, call 305.604,24a9 and
solect 1 for English or 2for Spanish, then option 6;TTY users may call
via 71'l (Florida Relay Service).
Ad 1023
frafael E. Granado, City Clerk
City of MiamiBeadr
471
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