2007-26563 Reso
RESOLUTION NO. 2007-26563
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 4, "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,"
SECTION 142-275 "PROHIBITED USES" OF THE CITY CODE,
TO PROHIBIT DANCE HALL AND/OR ENTERTAINMENT
ESTABLISHMENT USES IN THE CD-1 COMMERCIAL LOW
INTENSITY ZONING DISTRICT.
WHEREAS, the City of Miami Beach seeks to reduce the potential for land
use conflicts between commercial uses and nearby residential neighborhoods;
and
WHEREAS, at a recent Planning Board meeting, the Board discussed
entertainment uses in various zoning districts throughout the City of Miami
Beach, and discussed limiting entertainment uses in areas near residential
neighborhoods, or areas where such uses may not be appropriate; and
WHEREAS, the CD-1 Low Intensity Commercial Zoning District is the
lowest intensity commercial district within Miami Beach, whose purpose is to
provide retail sales, personal services, shopping district, designed to provide
service to surrounding residential neighborhoods; and
WHEREAS, the Planning Board has proposed eliminating dance hall and
entertainment establishment uses in the CD-1 Low Intensity Commercial Zoning
District in order to reduce the potential for disruption of nearby residential
neighborhoods; and
WHEREAS, October 24, 2006, the Planning Board following a duly
noticed public hearing voted 6 - 0 to recommend this amendment to the City
Commission for adoption; and
WHEREAS, pursuant to Section 118-164 of the City Code, a proposed
amendment to the Land Development Regulations which changes the actual list
of permitted, conditional or prohibited uses in a zoning category shall be enacted
pursuant to the specified public notice and advertising procedures;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT the
required first reading public hearing is authorized to be set for this proposed
amendment to the Land Development Regulations for a time certain on July 11,
2007.
PASSED, ADOPTED AND APPROVED this 6th day of June
,2007.
]Q~fM~
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~,~
City Attar ey Jitf-
9~)Jo7
Date
T:\AGENDA \2007'jun0607\Consent\CD-l setting Public Hearing RESO.doc
2
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 4, "CD-1 COMMERCIAL, LOW INTENSITY
DISTRICT," SECTION 142-275 "PROHIBITED USES", TO PROHIBIT
DANCE HALL AND ENTERTAINMENT ESTABLISHMENT USES IN THE
CD-1 COMMERCIAL LOW INTENSITY ZONING DISTRICT; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach seeks to reduce the potential for land use
conflicts between commercial uses and nearby residential neighborhoods; and
WHEREAS, at a recent Planning Board meeting, the Board discussed entertainment
uses in various zoning districts throughout the City of Miami Beach, and discussed limiting
entertainment uses in areas near residential neighborhoods, or areas where such uses
may not be appropriate; and
WHEREAS, the CD-1 Low Intensity Commercial Zoning District is the lowest
intensity commercial district within Miami Beach, whose purpose is to provide retail sales,
personal services, shopping district, designed to provide service to surrounding residential
neighborhoods; and
WHEREAS, the Planning Board has proposed eliminating dance hall and
entertainment establishment uses in the CD-1 Low Intensity Commercial Zoning District in
order to reduce the potential for disruption of nearby residential neighborhoods; and
WHEREAS, October 24, 2006, the Planning Board following a duly noticed public
hearing voted 6 - 0 to recommend this amendment to the City Commission for adoption;
and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objective.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Section 142-275 of the Land Development Regulations of the Code of
the City of Miami Beach, Florida is hereby amended as follows:
Revised OS/23/2007
Sec. 142-275. Prohibited uses.
The prohibited uses in the CD-1 commercial, low intensity district are accessory
outdoor bar counter; outdoor entertainment establishment; aM open air entertainment
establishment. dance hall. and entertainment establishment.
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 relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If 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, ADOPTED AND APPROVED this _ day of
,2007.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
~R EXEC~ON
\~ lYp,r
~ City Attorne
s!vS'JO)
Date
First Reading:
Second Reading:
Verified by:
Jorge G. Gomez, AICP
Planning Director
Underscore denotes new language
T:\AGENDA\2007\jun0607\Regular\1753 - CD-1 ordinance rev.doc
2
COMMISSION ITEM SUMMARY
Condensed Title:
Setting of the Public Hearing: Proposed Amendment to the Land Development Regulations
A Resolution Setting A Public Hearing To Consider A Proposed Amendment To The Land Development
Regulations, Amending Chapter 142, "Zoning Districts And Regulations," "District Regulations," "Cd-1
Commercial, Low Intensity District," Section 142-275 "Prohibited Uses" to Prohibit Dance Hall And/Or
Entertainment Establishment Uses In The CD-1 Commercial Low Intensitv Zoninq District.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character
Issue:
Set the Public Hearing for the Proposed Amendment to prohibit Entertainment Uses In The CD-1
Commercial Low Intensit Zonin District.
Item Summa IRecommendation:
SETTING OF THE PUBLIC HEARING
The Planning Board held discussions on entertainment uses in various zoning districts throughout Miami
Beach at several Board meetings over the past year. The Board has proposed limiting entertainment uses
in areas close to residential areas, or areas where it may not be appropriate. The CD-1 Low Intensity
Commercial Zoning District is the lowest intensity commercial district within Miami Beach. Since these
districts are intended for neighborhood commercial use, they may be incompatible with entertainment uses
such as dance hall and entertainment establishment.
The ordinance would prohibit entertainment uses (dance hall and entertainment establishments) within
these CD-110w intensity zoning districts. No licensed entertainment establishments currently exist within
the CD-1 district, so there is no potential for this ordinance to create nonconforming uses if adopted.
Given the low intensity nature of these districts, the stated purpose of the district as serving surrounding
residential neighborhoods, and the proximity of those residential neighborhoods, it is appropriate to
eliminate the possibility of potentially disruptive entertainment activities in these limited zones.
The Administration recommends that the Commission set the required public hearings for a time certain on
Jul 11, 2007 for this ro osed amendment to the Land Develo ment Re ulations.
Adviso Board Recommendation:
The Planning Board recommended approval of the ordinance at its October 24, 2006 meeting.
The Land Use Committee moved to send the ordinance on to the full commission at its March 12,
2007 meetin .
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Jorge Gomez, Planning Director
City Manager
lD
.....
MIAMI BEACH
AGENDA ITEM
DATE
c..7K
(P~-o7
lD
MIAMI BEACH
City of Miami Beach, 1700 Canvention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ~ V
June 6, 2007 d 0
Setting of the Public Hearings:
Proposed Amendment to the Land Development Regulations
TO:
DATE:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 4, "CD-1 COMMERCIAL,
LOW INTENSITY DISTRICT," SECTION 142-275 "PROHIBITED USES" OF THE
CITY CODE, TO PROHIBIT DANCE HALL AND/OR ENTERTAINMENT
ESTABLISHMENT USES IN THE CD-1 COMMERCIAL LOW INTENSITY
ZONING DISTRICT.
ADMINISTRATION RECOMMENDATION
Set the required public hearings for a time certain on July 11, 2007 for this proposed
amendment to the Land Development Regulations.
BACKGROUND
Over the past year, on several occasions, the Planning Board has held discussions
regarding entertainment uses in various zoning districts throughout the City of Miami Beach.
The Board has discussed the impact of entertainment uses in areas close to residential
areas, or areas where it may not be appropriate.
As part of these discussions, the Planning Board requested that an ordinance prohibiting
dance hall 1 entertainment establishment uses in the CD-1 Commercial Low Intensity Zoning
District be prepared and brought to the Board.
ANAL YSIS
The CD-1 Low Intensity Commercial Zoning District is the lowest intensity commercial district
within Miami Beach. Section 142-271 states that the district's purpose is to provide retail
sales, personal services, shopping district, designed to provide service to surrounding
residential neighborhoods.
Staff has mapped the existing CD-1 neighborhood commercial districts, consisting of:
Alton/Dade Blvd. Triangle
Parts of Alton Road Corridor
Ordinance: Prohibit Entertainment Uses in CD-1 District
June 6, 2007
Page 2 of 2
West End of Normandy Drive
40th Street
See attached maps.
The above definition of the CD-1 district as intended for neighborhood commercial use is
such that the district may be deemed incompatible with entertainment uses such as dance
hall and entertainment establishment.
The attached ordinance would Drohibit entertainment uses (dance hall and entertainment
establishments) within these CD-1 low intensity zoninQ districts.
Please note that a review of licensed dance halls 1 entertainment establishments indicates
no existing establishments are located within the CD-1 Commercial Low Intensity zoning
district, thereby eliminating the potential for this ordinance to create nonconforming uses if
adopted.
PLANNING BOARD ACTION
At the October 24, 2006 meeting, a motion was made and approved by a vote of 6-0
recommending that the City Commission adopt the Ordinance.
At the March 12, 2007 Land Use Committee, the Committee moved to send the proposed
ordinance on to the full commission.
FISCAL IMPACT
The proposed ordinance should have no associated negative fiscal impact upon enactment.
CONCLUSION
Given the low intensity nature of these districts, the stated purpose of the district as serving
surrounding residential neighborhoods, and the proximity of those residential
neighborhoods, it is appropriate to eliminate the possibility of potentially disruptive
entertainment activities in these limited zones.
JMGITHIJGGIRGL
Attachments:
Maps
T:\AGENDA\2007\jun0607\Consent\CD-1 Ordinance setting Public Hearing 6-06-2007.doc
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
Alton/Dade Blvd. Triangle
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
Parts of Alton Road Corridor
\ \
i. .
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
40th Street
CD-1 Low Intensity Commercial Districts
(Neighborhood Commercial)
Corner of Pinetree Drive and 4th Street
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