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CITY OF MIAMI BEACH
Planning Department
PLANNING BOARD
AFTER ACTION REPORT
FOR MEETING HELD
OCTOBER 28, 2003
CITY COMMISSION CHAMBERS
2:30 P.M. – Discussion of Planning Issues
· Restaurants and clubs
Staff was directed to examine regulations regarding nightclubs which operate within
restaurants, in areas where stand-alone nightclubs would not otherwise be permitted.
3:00 P.M. – Regular Planning Board Meeting
I. Items for continuance / w ithdrawal/
1. File No. 1495 - 137 Collins Avenue – Parking lot – The Applicant, 137 Collins
Avenue Garage, LLC, is requesting a modification to a previously approved
Conditional Use Permit in order to incorporate strips of land that are now under the
control of property owners and to unify the two parking lots. (At staff’s request)
Deferred – will re-notice when it is ready to come back after all legal issues with the
properties are resolved.
2. File No. 1623 – 1415 Washington Avenue – Tropical on the Beach. The
applicant, Mairely Rodriguez, is requesting a Conditional Use Permit in order to
operate a Neighborhood Impact Establishment with an occupancy load in excess of
200 persons. (At the request of the applicant).
Continued to the December 2, 2003 meeting at the request of the applicant.
3. File No. 1630 – Golf Course Fence Ordinance. An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending the Miami Beach City
Code, Chapter 142, “Zoning Districts and Regulations,” Article II, “District Regulations,”
Division 8, “GC Golf Course District, ” Section 142-395, “Development Regulations,” to
revise the fence and landscaping restrictions applicable to private golf courses, and
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Chapter 142, Article IV, “Supplementary District Regulations,” Division 4,
“Supplementary Yard Regulations,” Section 142-1132, “Allowable Encroachments,”
Subsections (h), “Fences, Walls, And Gates,” And (i), “Hedges,” to revise the fence and
landscaping restrictions applicable to public and private golf courses, and abutting
properties, Providing For Codification, Repealer, Severability, And An Effective Date.
(At staff’s request)
Continued to the January 27, 2004 meeting.
II. Old Business
· Free Trade Area of the Americas (FTAA) will be having their conference
here November 17 – 21, 2003. The Administration and the Police
Department will be making a presentation on the FTAA to every board and
committee in the City.
Presentation made.
· Planning Board by-laws – adoption of proposed amendments
Item not discussed. Will be re-scheduled for the 12/2/03 meeting.
IV. New Business
· None
Professor Lejeune brought up an issue that he requested be placed as a discussion item
at the next meeting (12/2/03). He stated that of the Single Family Residential Review
Board (SFRRB) is not working and has little power to stop the demolition of these homes
that are architectural significant. He also stated that he has resigned from the SFRR
Board .
V. Public Hearings
A. Progress Reports
1. File No. 1556 - Loving Care Residence – 6891 Bay Drive
Mr. Jose Luis Alvarez, principal owner of Loving Care Residence, licensed as an ALF,
reported in a letter handed to staff that he will no longer continue the operation of the ALF
and has put the property up for sale.
2. File No. 1629 – 1901 Collins Avenue – SkyBar at the Shore Club.
The applicant presented a report prepared by Civil Works, Inc., a traffic engineer, explaining
why the entrance to SkyBar from Collins Avenue does not work, and requested a
modification of the Condition Use Permit that would permit them to have the entrance again
on 20th Street. The Board advised the applicant that such modification could not be made at
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this time for lack of proper notice and that an application must be filed with Planning staff.
B. Previously Continued Items
1. Discussion - File No. 1614 - Alcohol & N udity – An Ordinance Amending
Chapter 6, “Alcoholic Beverages,” Of The Code Of The City Of Miami Beach,
Florida, By Amending Sections 6-40 And 6-41 “Total Nudity And Sexual
Conduct Prohibited,” And “Provisions Pertaining To Establishments
Permitting Partial Or Total Nudity,” To Allow Establishments Licensed As
Alcoholic Beverage Establishments To Offer Partial And Total Nude Adult
Entertainment; Providing For Codification, Repealer, Severability, And An
Effective Date.
After a lengthy discussion a motion was made to make a recommendation to the City
Commission that although the Board is in favor of permitting the sale of alcoholic beverages in
totally nude adult entertainment establishments, it strongly recommends against adoption of
the proposed ordinance at this time; instead, the Board recommends that the ordinance be
continued so that staff can address a number of issues:
• Should the sale of alcoholic beverages in totally nude adult establishments happen only
in very large venues or smaller venues that may be easier to regulate.
• What kind of amenities would be offered.
• How many – concentration within an area – strict standards on concentration. There is
a need to develop objective criteria with greater flexibility in terms of type of
establishment and strong restrictions as to location and concentration.
• Compatibility within underlying zoning and adjacent residential neighborhoods and
schools.
• What will the clubs look like – presentation and make the facilities better looking.
• Legal has new material that should be carefully evaluated to create a stronger legal base
for any ordinance the City may adopt.
• Address issue of sex parity in the treatment of female and male performers.
Motion was approved 5-0, two members absent.
2. File No. 1610 - Aqua docks – 250 West 63rd Street. The applicant, 63rd
Street Associates, Ltd., is requesting Conditional Use approval in order to
construct boat docks exceeding a projection of 40 feet from the seawall.
Application approved subject to conditions in staff report, modifying condition #2 to say that
applicant shall make application for the sign piles at the 25% waterway width line and no
further; that any lights be at the minimum height as permitted by the U.S. Coast Guard, and if
visible from the 63rd Street Bridge, no raising of boat on D1 and D2 without coming back to
the Board.
3. File No. 1620. The applicant, 4360 Collins, LLC is requesting an
amendment to the Land Development Regulations of the City Code in order
to allow apartment buildings in an RM-2 zoning district that faces an RM-3
zoning district to have commercial, retail or restaurant uses located in ground
floor spaces with direct access to the street.
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Recommendation of approval to the City Commission with the following modifications to
the ordinance:
1) signage for commercial/retail to be subject to appropriateness review;
2) cross reference Section 130-131 so that it is clear that all required parking will be
provided.
C. New Applications
1. File No. 1633 – 7915 Hawthorne Avenue - Day Care Center. The applicant,
Children Around the World, Inc. is requesting a Conditional Use Permit in
order to operate a children’s day care center.
Approved subject to staff recommendations and the following modifications: 1) Status
report in 90 days after opening. 2) Number of children shall not exceed 15. 3) The front
yard shall be fenced from the backyard and the front shall not be used for recreational
purposes. The rear yard shall have a hedge surrounding the perimeter of the yard. 4) No
signage. 5) Hours no earlier than 7 a.m. and center to close at 6 p.m. allowing for children
pick up no later than 6:30 p.m.
2. File No. 1634 – 4016-18 Royal Palm Avenue – Religious Institution. The
applicant, Bukharian Sephardic Jewish Center of Miami, Inc. is requesting a
Conditional Use Permit in order to convert two units of a four-unit vacant
commercial building into a Jewish Synagogue.
Approved subject to staff recommendation and amending condition #4 to say that maximum
occupancy at any time shall not exceed 48 persons.
3. File No. 1635 – 1031 North Shore Drive – Dock and terminal platform.
The applicants, Antonio and Olga Pelaez, are requesting a Conditional Use
Permit in order to construct a dock with terminal platform that projects 50 feet
from the existing seawall.
Approved subject to staff recommendation and the following modification: 1) terminal
platform shall be reduced to 4’ in width rather than 8’ for a total dimension of 4’ x 15’. 2)
lighting shall be the minimum height required to meet DERM and U.S. Coast Guard
regulations.
4. File No. 1637 – 1901 Convention Center Drive – Approval of a 2-day
Show – June 5-6, 2004 - at the Miami Beach Convention Center
involving adult materials. T he request by the Gay Erotic Expo at the Miami
Beach Convention Center to conduct a two-day Gay Erotic Expo at the
Miami Beach Convention Center – a venue that is located within 2,500 feet
of Miami Beach Senior High School. This application is necessary due to
the provisions of s. 847.0134, Florida Statutes, which prohibits adult
entertainment establishments that display, sell, or distribute materials
harmful to minors within 2,500 feet of the real property that comprises a
public or private elementary school, middle school, or secondary school
unless the county or municipality approves the location under proceedings
as provided in s. 125.66(4) for counties or s. 166.041(3)(c) for municipalities,
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which is the same procedures as a zoning map change, requiring two public
hearings before the City of Miami Beach City Commission and a
recommendation from the Planning Board, also under the public hearing
process.
The Planning Board recommends the City Commission approve the location of the
Convention Center to permit this type event, but with a limitation of no more than 2 per year
and that each application for this type of event come before the Planning Board for review to
discuss the actual programming under the procedure set by State Statutes. In addition, the
Board also recommends that the City Commission set the hours of operation for this t ype of
event at the Convention Center to no earlier than 9 a.m. and no later than 2 a.m. (5-0, two
members absent).
VI. Meetings Reminder
*** Next Month's Regular Meeting: TUESDAY, December 2 , 2002- 2:30 p.m. for discussion
items; 3:00 p.m. for regular meeting unless otherwise changed in consultation with the
Chairperson depending on the length of the agenda. Please mark your calendars and
inform staff immediately if you have a schedule conflict.
VII. Adjournment
Planning Board members: Remember to save the plans and backup materials from
items that were continued or deferred; the Planning Department does not have any
additional copies.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING SPECIAL
ACCOMMODATION TO PARTICIPATE IN T HIS PROCEEDING SHOULD CONTACT THE BOARD'S ADMINISTRATOR
NO LATER THAN FOUR DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 673-7550 FOR ASSISTANCE; IF
HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS, (800) 955-8771 (TDD) *-OR (800)
955-8770 (VOICE), FOR ASSISTANCE.
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