| | | | | | | |  | Ordinances - R5 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | January 13, 2021 | | | | 5:03 p.m. Second Reading Public Hearing
| | SUBJECT: | CD-2 ALTON ROAD OUTDOOR MOVIE THEATERS - REVISED BOUNDARIES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 5, “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” SECTION 142-310, ENTITLED "SPECIAL REGULATIONS FOR ALCOHOL BEVERAGE ESTABLISHMENTS,” TO MODIFY THE BOUNDARIES OF THE AREA IN WHICH OUTDOOR MOTION PICTURE THEATERS AND ACCESSORY OUTDOOR BAR COUNTERS ARE PERMITTED; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the subject Ordinance. |
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| | | | | | | | BACKGROUND/HISTORY
| On February 12, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item regarding outdoor movie theaters serving alcohol and located on Alton Road to the Land Use and Sustainability Committee (Item C4 X). The item was discussed at the February 18, 2020 LUSC meeting and continued to March 17, 2020. The March 17, 2020 LUSC meeting was cancelled. The LUSC reviewed the proposal on May 6, 2020 and recommended that the City Commission discuss the proposed Ordinance. The LUSC did not make a formal recommendation.
On May 13, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred the item to the Planning Board (item R9 B). On June 24, 2020 the Planning Board held a public hearing and transmitted the Ordinance (with modifications) to the City Commission with a favorable recommendation by a vote of 6-0.
On July 29, 2020 the City Commission approved the Ordinance at first reading with modifications. The City Commission, at the request of Vice Mayor Mark Samuelian, requested that the City Attorney’s Office and the Administration work with him to bring back amendments at second reading regarding the boundaries of the proposal, as well as the impact on the surrounding area.
On September 16, 2020 the City Commission adopted the Ordinance (Ordinance no. 2020-4358). At the request of Commissioner Samuelian, the City Commission also referred a separate ordinance to the Planning Board to shorten the geographic boundaries of the area where outdoor movie theaters serving alcohol are allowed along Alton Road. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Ordinance No. 2020-4358 authorized outdoor movie theaters serving alcoholic beverages as a conditional use in CD-2 districts fronting the west side of Alton Road, between 5th Street and Collins Canal. When the item was considered by the City Commission, concerns were raised that a proliferation of outdoor theatre uses serving alcohol might negatively impact surrounding residential areas in certain portions of the corridor.
In order to minimize potential negative impacts to residents of outdoor movie theaters serving alcohol the City Commission referred a separate ordinance to the Planning Board that limits the geographic boundaries for such outdoor theatres that front on the west side of Alton Road. In this regard, the proposed Ordinance requires that such uses be limited to a reduced geographic boundary near Lincoln Road, which tends to contain the most intense commercial uses along the Alton Road corridor. This also ensures that such theaters are within easy access to the many tourists and residents that are shopping, dining, and enjoying the Lincoln Road corridor.
The proposed Ordinance includes a simple modification to the boundaries that were established in Ordinance No. 2020-4358. The proposal reduces the boundaries for outdoor theatres serving alcohol so that they are only permitted as a conditional use in CD-2 districts fronting the west side of Alton Road between 16th Street and Collins Canal. The administration is supportive of this proposed amendment and recommends approval.
PLANNING BOARD REVIEW
On November 17, 2020 the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
UPDATE
The City Commission approved the subject Ordinance at first reading on December 9, 2020 with no changes. |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission adopt the subject Ordinance. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Mark Samuelian |
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