R5A-Sunset Harbour CD-2 Entertainment Prohibition -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the CD-2 Section of the Code to add 'bars, dance halls and entertainment
establishments'to the list of prohibited uses in the Sunset Harbour neighborhood.
AGENDA mem RSA
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort out forth bv the Citv to requlate nt is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING - PUBLIC HEARING
The subject Ordinance would add 'bars, dance halls and entertainment establishments' to the list of
prohibited uses in the Sunset Harbour neighborhood.
The Administration recommends that the City Commission: 1) approve the attached Ordinance at First
Reading; 2) schedule a Second Reading Public Hearing for December 9,2015; and 3) refer the item
to the Planning Board for action prior to Second Reading.
On October 27 ,2015, the Planning Board is scheduled to consider the proposed legislation.
Financial I nformation :
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
budget.
Thomas Mooney
T:\AGENDA\20'l 21\Sunset Harbour CD-2 Correction - First Reading S
MIAMIBEACH DArE /0-zl-[s11
MIAMIBEACH
City of i iomi Beoch, I200 Convenlion Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 21,2015
the City Com
TR - PUBLIC HEARING
SUBJECT: Sunset Harbour GD-2 Entertainm Prohibition
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD.2
COMMERCIAL MEDIUM INTENSITY DISTRICT," AT SECTION
142.305, "PROHIBITED USES," BY ADDING BARS, DANCE
HALLS, AND ENTERTAINMENT ESTABLISHMENTS AS
PROHIBITED USES WITHIN THE CD.2, SUNSET HARBOUR
NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY
AVENUE, 2OTH STREET, ALTON ROAD AND DADE
BOULEVARD; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission approve the attached
Ordinance at First Reading, schedule a Second Reading Public Hearing for December 9,
2015 and refer the item to the Planning Board for consideration prior to Second Reading.
BACKGROUND
On May 5, 2004 the City Commission adopted Ordinance No. 2004-3445, which
prohibited stand-alone bars, dance halls and entertainment establishments, even if part
of a restaurant, within the Sunset Harbour neighborhood. On December 12, 2012,
Ordinance No. 2012-3786 was adopted, which set a lower threshold for Neighborhood
lmpact Establishments in the Sunset Harbour neighborhood. Specifically, this Ordinance
required Planning Board approval for restaurants having over 100 seats/125 persons
occupancy.
ANALYSIS
It appears that the deletion of the previously approved prohibition on bars, dance halls
and entertainment establishments in the Sunset Harbour neighborhood, which was
approved in 2004, was done inadvertently. ln this regard, when Ordinance No. 2004-
12
Commission Memorandum
Ordinance Amendment - Sunset Harbour CD2 Entertainment Prohibition
October 21, 2015 Page 2 of 2
3445 was adopted in 2004, the 'prohibition' of bars, dance halls and entertainment
establishments was placed under 'Main Permitted Uses'. ln 2012, as part of the
proposed Ordinance setting lower thresholds for non-entertainment Neighborhood
lmpact Establishments (Ordinance No. 2012-3786), this 'prohibition' language under
Section 142-302 (Main Permitted Uses) was deleted, but was not added to Section 142-
305 (Prohibited Uses).
ln order to correct this oversight, the proposed Ordinance would add 'bars, dance halls
and entertainment establishments' to the list of prohibited uses in the Sunset Harbour
neighborhood.
PLANNING BOARD REVIEW
The Planning Board is scheduled to review the proposed Ordinance on October 27,
2015. ln the event that the legislation is transmitted back to the City Commission with a
favorable recommendation, zoning-in-progress will commence.
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.
CONCLUSION
The Administration recommends that the City Commission: 1) approve the attached
Ordinance at First Reading; 2) schedule a Second Reading Public Hearing for
December 9,2015; and 3) refer the item to the Planning Board for consideration prior to
Second Reading.
fll,tJLM/SMTiTRM '
T:\AGENDA\201S\OctobeAOct 21\Sunset Harbour CD-2 Conection - First Reading MEM.docx
13
SUNSET HARBOUR GD.2 ENTERTAINMENT PROHIBITION
oRDINANCE 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", ARTIGLE II, "DISTRIGT
REGULATIONS," DIVISION 5, "CO.z COMMERCIAL MEDIUM
INTENSITY DISTRICT," AT SECTION 142.305, "PROHIBITED USES,"
BY ADDING BARS, DANCE HALLS, AND ENTERTATNMENT
ESTABLISHMENTS AS PROHIBITED USES WITHIN THE CD.z,
SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY
PURDY AVENUE, 2OTH STREET, ALTON ROAD AND DADE
BOULEVARD; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbour neighborhood is comprised of a mix of
residential and commercial uses all in close proximity; and
WHEREAS, stand alone bars, entertainment establishments and dance halls are
incompatible with the low scale character of the Sunset Harbour neighborhood, located
within the CD-2, Commercial Medium lntensity District, generally bounded by Purdy
Avenue, 20th Street, Alton Road and Dade Boulevard; and
WHEREAS, on December 12, 2012, the City Commission adopted Ordinance
No. 20'12-3786, which inadvertently removed bars, dance halls, and entertainment
establishments from the list of prohibited uses in the Sunset Harbour neighborhood;
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION l. Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 5, "CD-2, Commercial, Medium lntensity District," is hereby
amended as follows:
Sec. 142-305. - Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory
outdoor bar counters, except as provided in this division. Except as otherwise provided
in these land development regulations, prohibited uses in the CD-2 commercial medium
intensity district in the Sunset Harbour Neighborhood, generally bounded by Purdy
Avenue, 20th Street, Alton Road and Dade Boulevard, also include outdoor
entertainment establishmentq neighborhood impact establishmentg and open air
entertainment establishmentg, bars, dance halls. and entertainment establishments (as
defined in section 1 14-1 of this Code).
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sEcTtoN 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. Severabilitv.
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 shal! take effect ten days following adoption.
PASSED and ADOPTED this day of ,2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
First Reading. October 21,2015
Second Reading: December 9, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
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AND FOR EXECUTION
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y.lriDAr o(I(la I u5ftllumAt0.(0t NEIGHBORS
MIAMIETACH
GITY OF MIAMI BEI\CH
ORDINANCE AMENDING ZONING
trISTRICTS AND HHGULATIONS TO
ADD BARS, DANCE HALLS, AND
ENTERTAINM ENT E$TABLISH MENT$
AS PHOHIBITSD U$E$WITHINTHE CD.2,
SUNSET HARBOUH NEIGHBOfrHOOD
NOTICE OF PUEUC HTARING
Octobe r 21, zOt 5
N$TICE lS H=EEBY given that a First Public Hearing will be heard by the
Mayor and City Commission of the City of Miami Beach. Florida, in the
Commission Chambers, Srd Floor, Citf Hall, 17oo Convention Center Drive,
Miami Beach, Florida, on October 21, 2015 at 5:05 p.m., or as soon thereafter
as the matter ean be heard, to consider:
An Ordinence Amending The Code Of The City Sf Miami Beach, Florida
By Amending Chapter 142, "Soning Distriets And Regulations," Article ll,
"Dis:rict Segulationsl' Division 5, "CD-z Commereial Medium lntensity
Districtl At Section 142-305, "Prohibited Usesl' By Adding Bars, Dance
Hells, And Entertainment Establishments As Prohibited Uses Withln The
CD*Z, Sunset Harbour Neighborhood. Generally Bounded 8y PurdyAvenue,
20'h Street, Alton Road And ilade Boulevard; Providing For Codification;
Repealer; Severabifity; Applicahility; And An Effeetive ilate.
lnquiries may be direated to the Planning Depaftment at 305.673.7550.
INTEBESTED PARTIES are invited to appear at this meeting, or be
represanted by an agent, or to express their views in writing addressed
to the City Commissicn, c/o the City Clerk, 1700 Convention Center Drive,
1"r Floor, City Hall, Miami Beach. Florida 33139. This item is available for
public inspection during normal business hours in the Office of ?he City
Clerk, 17OO Convention Center Drive, 1$ Floor, City Hall, Miarni Beach,
Florida 33139. This meeting, or any item herein, may be continued, and
under such eirc.rmstanc*s, additional legal notiee need not be provided.
Pursuant to Section ?8S.0105, Fla. Stat., the City hereby advises the puhlic
that if a person decidesto appeal any decision made bythe City Commission
with respefi to any motter 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 noti*e does nct constitute eoilsent by the City for the
introduction or admission of otherwise insdmissibte or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allorared by law.
To request this material in alternate format, sign language interpreter
(five-day notice requiredl, information on access lor persons with disabilities,
and/or any accommodation to review any document or participate in any
City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2
for Spanish, then option 6;TTY users may call via711 tF[orida Relay $ervice].
Rafael E, Granado, City Clerk
City of Miami Beach
Ad 1097
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lrrNlAr ilr(EEr $ lou Iilu.flmrlG(o{ I
NEIGHBORS
I I
reN€
MIAMISTACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ocroBER 21,2415
NOTICE l$ HEBEBY given that ths following public hearings will be
held by the Mayor and City Commissioners of the City of Miami Beach,
Florida, in the eommission Chambers, Third Floor, City Hall, 1700
Convention Center Drive, Miami Seach, Florida, on October 2r,2015,
at the times listed, er as soon thereafter as the matter can be heard:
5:05 p.m.
An Ordinance AmendingThe Code Of The City Of Miami Eeach, Florida
By Amend in g Chapter 1 42, " Zo ning Distrias An d Reg u I atl on s," Aft icle I l,
"'DiEtrict Regulations;" Division 5, "CD-2 Commercial Medium Intensity
District;'l\t Section 142-305, "Prohibited Us$9," ByAdding Bars, Dance
Halls, And Entertainment Establishmonts As Prohibited Uses Within
The CD-?. Sunset Harbour Neighborhood, Generally Bounded By Purdy
Avenue, 20th Street, Alton Rsad And Dade Boulevard; Providing For
Codificatisn; Hepealer; Severability; Applicability; And An Effective Date.
lnquiries may be directed to the Planning Department at 30$"6V3.755CI.
5:06 p.m.
A Hesolution AdoptingThe Fsurth AmendmentToThe General Fund,
Enterprise Fund, lnternal Service Fund. And $pecial Bevenue Fund
Budgets For FiscalYear (FY) 20?d,n5. hquiries may be directed to the
Budget & Pedormance lmprovement Department at 305.673.751O.
INTERESTED PAHTIES are invited to appear at this meeting, or be
represented by an agent, or to express their views in writing addressed
to the City Commlssion, c/o the City Clerk, '1700 Convention Center
Drive, 'l*t Floox City Hall, Miami Beach, Florida 33133. Copies of these
items are available for public inspection during normal business hours
in the Office of the City Clerk, 1700 Convention Center Drive, 1* Floot
City Hall, Miami Beach, Florida 33139.This meeting, or any item herein,
may be continued, and under such circumstances, additional legal
notice need not he provlded.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the
public that if a person decides to appeal any decision made by the
City Commission with rsspest to any matter considered at it$ meeting
or its hearing, such person must ensure that a verbatim record of the
proceedings is rnade, which record includes the testimony and evidence
upon which the appeal is to be based.Th[s notice does not constitute
consent by th€ CiW feir tha introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize chaltenges or
appeals not otherwise allowed by law.
To request tl'ris material in alternate format sign language interpreter
(five-day notice required), information on acces$ for persons with
disabilities, ancl/or any accommodation to review any document or
participate in any City-sponsored proceedings, call 305.604.2489 and
select 1 for English or 2 for $pa*ish, then option 6:TTY users may call
via711 (Florida Relay Servicei,
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 1100
17
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