Hello All:

 

One more thing to ponder would you like this pair Dj'ing by you. They operate the downtown and westside circuit.

 

http://vimeo.com/9024049

 

Henry

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In a message dated 3/27/2011 6:47:24 P.M. Eastern Daylight Time, HSENYAK [at] aol [dot] com writes:

Good Evening everyone:

 

Since I sent out emails to you with a copy attached of the proposed legislation for significant changes to the zoning code and licensing code primarily addressing entertainment and patio uses in the City of Cleveland I have received many emails and phone calls.

 

What I am going to try to accomplish within this new email is a computation of the four or five main concerns I heard from folks that we need to address and request immediate amendments at the Planning Commission meeting on Friday April 1st at 9am.

 

The Planning Commission will be the first body that will hear about the proposed legislation. City Planning staff and Director Brown, and more than likely other City Officials like Chief of Staff Ken Silliman, Ron O'Leary, and others will advocate these proposed legislative changes are in the best interest of the City of Cleveland.Yes, about 95% are but again certain issues arise that will affect the quality of life for residents in every Cleveland neighborhood. After the Planning Commission votes to support the legislation it then will go to several City Council Committees for approval. I do not know that schedule yet. Director Brown has expressed these changes have the support of Council President Martin Sweeney

 

The attached document is 30 pages and is very confusing to some that are not familiar with the process. We are only concerned over the legislative proposal in the document that refer to zoning related matters. I have not heard a one complaint about the licensing provisions portion of the new legislation (Chapter 690). I do not have any issue with licensing either. It can be a effective tool if utilized. But the burden falls completely on the Division of Police and would be a low priority. We need multiple safety nets to combat troublesome neighborhood nightclubs.

 

Please utilize parts of this legislation for you letters to City Council Reps and members of the Planning Commission. I have commitments from residents from Ohio City, Tremont, Clark Fulton, Stockyards, Flats, and Brooklyn Center to attend the Meeting on Friday morning. I also have commitments from others to write letters. Please forward this email to whom ever you feel would be effected you neighbors, block clubs, community groups, churches, CDC's, and other business stakeholders that operate nearby.

 

Councilman Cimperman has indicated he will propose amendments on April 1st. Councilman Cummins has indicated a need for amendments and has directed the SCFBC CDO office to hold discussions at its upcoming Safety meeting, but that is after that is next Monday April 4th. I do not know the position of any other Council persons in regards to this matter.

 

To make it easy to understand.

 

Currently our present zoning code is interpreted by City official as.

 

1) Any business requesting entertainment as a legal use ( Live Bands, Performances, DJ's,) would be first permitted in a General Retail District, but only if they are not within 500Ft. of a residentially zoned district. Businesses would be required to attain a use variance from BOZA to have such use. (343.11 b 2 L and 347.12) Unless a current operation has a zoning variance to have entertainment the majority of bars and restaurants are only legally allowed to have a sound system, radio, or Juke box.

 

2) Patios are considered and expansion of use, and if the business does not have additional off-street parking in their control within 400ft, they would need a parking variance. (Currently code is 1 space for every four seats, plus one for each employee.) (349)

 

3) Speakers or entertainment are not permitted currently on any patio and any such entertainment use and its noise must be contained within the premises. Such uses should be cited under the new noise ordnance penalties passed by Council last July 2010. First offence $2,000.00 fine, second offence $3,000.00 fine and revocation of music entertainment licence's.

 

Current Zoning Code sections.

 

343.11     General Retail Business Districts

(b) Permitted Buildings and Uses. The following buildings and uses are permitted in a General Retail Business District; and no buildings or premises shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than one or more of the following specified uses:

2) All retail business uses and buildings specified in division (b) of Section 343.01, and uses and buildings to provide for:

L. Amusement and recreation: armory, assembly hall, bowling alley, dance hall, video and pinball arcade, pool and billiards theater, skating rink or other social, sport or recreational center operated as a business, all such uses subject to the regulations of Section 347.12 and adult entertainment uses, subject to Section 347.07, provided that the place or building in which any such amusement or recreation use is operated is sufficiently sound-insulated to confine the noise to the premises.

Chapter 347 — Specific Uses Regulated

347.12     Amusement, Recreation, Tattooing and Body Piercing Uses

(a) Except as provided in Section 347.07 regarding land used for adult entertainment purposes, where permitted in a particular use district, amusement and recreation uses, as described in Section 343.11, are subject to the following location regulations:

(1) Separation. No such use shall be established within five hundred (500) feet of a residential district or day care center, kindergarten, elementary or secondary school, public library, church, playground, public or nonprofit recreation center or community center.

(2) Spacing. No such use shall be established within five hundred (500) feet of another such use.

349.01     Required Accessory Off-Street Parking

(a) Except as provided in Sections 329.04(b), 337.13 and 349.10 to 349.12, every use or structure, instituted, constructed or erected after July 2, 1971, shall provide off-street parking facilities in accordance with the requirements of Section 349.04 for the use of occupants, employees, visitors or patrons.

(b) Any building or structure may be modernized, altered, repaired or substantially rebuilt for any reason, provided there is no increase in floor area or capacity and there is no change of use without providing additional off-street parking facilities.

(c) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking facilities shall be provided as required for such new use. However, if the building or structure was erected prior to July 2, 1971, additional parking facilities are mandatory only in the amount by which the requirements for the new use exceed those for the existing use if the latter were subject to the off-street parking requirements of this chapter.
(Ord No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)

349.02     Existing Off-Street Parking Facilities

In all use districts, existing off-street parking facilities shall not voluntarily be reduced below the requirements of this chapter.
(Ord No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)

349.03     Change of Use or Enlargements of Premises

In all use districts, when any building, structure or premises has a change of use, addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking facilities, which creates a need for an increase of more than fifteen percent in accessory off-street parking, additional facilities as required herein shall be provided only for such increase in use. However, the off-street parking spaces for such addition or enlargement plus any off-street parking spaces in existence prior to July 2, 1971, need not exceed the total amount of off-street parking spaces which would be required for the entire use if constructed new.
(Ord No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)

349.04     Required Parking Spaces

Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:

 

	Uses	Required Accessory Off-Street Parking Spaces

 

 

f)	Retail Sales Uses
	Bars, taverns, restaurants, luncheonettes, cafeterias, boarding houses and other eating places	One for each employee, plus one for each 100 square feet of floor area devoted to patron use or one for each four seats based on maximum seating capacity, whichever is greater.

 

                  ______________________________________________________________________

 

 

So far here are concerns about the new legislation.

 

1) Take away the right of citizens to oppose an entertainment use in their community. Because all the current distance and separation requirements from residential districts will be repealed. The proposals will allow any business or storefront in general retail or industrial districts to have live entertainment and DJ's.  The administration now has defined nightclub with distance requirements similar to old code. But any establishment that has a dance floor less that 400 square foot is not considered a nightclub and is permitted first in local retail to supplement the acoustic performances. But then coupled with allowing DJ's and Live Bands in General Retail it turns every corner bar and restaurant into a night time dance club.

 

2) Live Entertainment and Sound Devices should not be permitted on patio's period.

 

3) If a CUP is granted for Live Entertainment or Sound Devices on patio's they can be in use to 1AM every night of the week.  

 

4) Off-Street parking Requirements for Patio expansions will be decreased to 1 for every 8 seats.

 

Special note: the proposal allows for acoustical entertainment to be allowed in any business starting in local retail and such use should not be disturbing to the neighbors and all such uses are subject to the existing noise laws and fines. This would allow restaurants, bars, tavern galleries, coffee shops, and other business to have a singer or person playing a instrument all unampified. I have not heard much issue with this and is not the main focus on the problem with this legislation.

 

Examples:

 

The administration used the Harp as a prime example of a business that does not disturb anyone and should be permitted to have live bands outside on their patio.

 

The administration position on the Zoning Variance requirements for entertainment are to burdensome and stymies potential new businesses that want entertainment from opening in the City of Cleveland.

 

The administration feels that residents that actually live in non-residential districts should not have equal protection to privacy and quality of life protected under zoning code in residentially zoned districts.

 

 

Negative impacts of the proposed legislation.

 

1) Would immediately legalize Club Envy, Henry's Bar, Club Argos, Broadview Sports Bar, Club Illusions, Sweethearts, Harp, Man's World, and many others that have been claimed to be neighborhood nuisances.

 

2) Would make it easy to re-open clubs that have been removed from the communities like La Copa, Moda, Latin Touch,  Verlies, Next Level, and many others as long as they designate their areas for entertainment or dance floors to under 400 square foot. For Example Moda can re-open with an occupancy of 500 and a small dance floor.

 

3) Would allow entertainment to continue at establishments that have lost their liquor permits. Turning them into non-alcoholic clubs. Or like the Sober Club we jettisoned out of Ward 14 last year that brought 200 people into a old store for entertainment parking everywhere. Or Like the rent-a-nightclub El Tropical whose owner was arrested again last night for its operational practices claiming he can rent out his facilities and BYOB.

 

4) This would legalize entertainment on West 25th south of Clark in Bars already operating illegally and will not promote a Renaissance. It will continue to promote drug dealing and sex trafficking in that area.

 

5) Broadview Rd. turns into a virtual entertainment district.

 

6) Would bring excessive drug trafficking, gang activity, and prostitution in residential areas surrounding such newly legalized operations neighborhoods.

 

7) Would create more calls to the Cleveland Police Department over Quality of Life issues, illegal street parking, noise complaints, and drunken rowdy behavior, even in more upscale neighborhoods.

 

8) No separation requirements for non-nightclubs. Can turn a small strip into small virtual entertainment districts.

 

9) Residential properties will see an increase in their insurance.

 

 

Snapshot of the proposed zoning legislation in the attached 30 page document in question.