COUNCILMAN CIMPERMAN TEAMS UP WITH PLANNING COMMISSIONER ROBERT BROWN TO MAKE WAY FOR ALL NIGHT WHOOPING IT UP

Submitted by jerleen1 on Tue, 03/29/2011 - 14:24.
Hello Everyone,
 
I was asked by several respondents to create a one page letter to the Planning Commission. Please see attached, feel free to modify change or use it in its entirety. Please resend to your respective distribution lists.
 
 Feel free to use this as a form letter at your block clubs even if you meet after April 1st and get copy's to your City Council Representatives.
 
I have seen requests about what are the current zoning districts in Ohio City. There are many. I am linking the City GIS web site. You will have to navigate by clicking directly multiple times on the Ohio City neighborhood. Once you have the desired street range, click on the layer control in the left hand column. This should open a pop-up located to the right of the map. Make sure you turn on the zoning option and the label option in the same line and hit refresh at the bottom. This should bring up the districts you want to review.
 
 
Thank you,
 
Henry P. Senyak
 
 
 
In a message dated 3/27/2011 8:00:00 P.M. Eastern Daylight Time, HSENYAK [at] aol [dot] com writes:

Hello All:
 
One more thing to ponder would you like this pair Dj'ing by you. They operate the downtown and westside circuit.
 
 
Henry
____________________________________________________________-
 
 
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.
 

(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.
 
 
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(Entertainment)
 
Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
 
(a) Entertainment.  In Local Retail Districts, entertainment provided in any restaurant, tavern or bar as well as an accessory use or activity in any business, shall be limited to unamplified acoustic musical instruments or other entertainment that produces noise levels no greater than that produced by unamplified acoustic musical instruments.  In all zoning districts, the space in which the entertainment will take place shall be situated, designed and configured in a manner that ensures that no noise or vibration emanating from such use will be perceptible on the premises of any Residential District or dwelling unit existing at the time of the establishment of the use other than a dwelling unit located in the same building as the entertainment activity.  In all zoning districts, noise associated with such entertainment shall be regulated by the provisions of Sections 605.10 and 683.01.
 
 
Section 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:
 
(1) Except as otherwise provided in this Zoning Code, all uses permitted and as regulated in any Local Retail Business District.
 
 (2) All retail business uses and buildings specified in division (b) of Section 343.01, and uses and buildings to provide for:
 
L. Entertainment venues as defined by Section 690.01, nightclubs, or a social, sport or recreational center.  Any such use that is operated as a business and as the principal use of a place shall be permitted only as a Conditional Use in accordance with the provisions of Section 329.041, An outdoor dining area that is accessory to any such entertainment, amusement or recreation use shall be permitted as a Conditional Use in accordance with the provisions of section 329.041 and 343.15.
 
 
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(PATIO's)
 
Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
 
(c) Outdoor Dining Patios. An outdoor dining patio area that is located within two hundred (200) feet of a Residential District or dwelling unit shall be permitted as a Conditional Use in accordance with the provisions of Section 329.041. No music performance shall take place and no sound amplifying device shall be operated on any outdoor dining patio or other outdoor area or shall be directed to be heard from such areas between the hours of 1:00 a.m. and 7:00 a.m.
 
Section 329.041 Conditional Uses
The Board of Zoning Appeals shall consider an application for approval of any use permitted as a Conditional Use in a particular zoning district in accordance with the following provisions.
 
(f) Criteria for Specific Uses. The following criteria for approval shall apply to Conditional Uses specified in this division.
(1) Outdoor Dining Patios. In considering approval of a Conditional Use Permit application for an outdoor dining patio or area in accordance with the provisions of division (c) of Section 343.15, the Board of Zoning Appeals shall determine whether the proposal meets the following criteria, in addition to the criteria of division (d) of this section.
A. The outdoor area is located or configured in a manner that will prevent noise, vibration, and exterior lighting from disturbing occupants of nearby residences or likely future residences in proximity to the outdoor area.
B. Sound volumes from entertainment to be performed or broadcast on the outdoor dining area will be limited so as not to disturb occupants of nearby residences or likely future residences.
  
Section 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, plus one for each eight seats on an outdoor dining patio.
Nightclubs
Total parking area equal to three times the gross floor area or one parking space for each four seats based on maximum seating capacity, whichever is greater, plus one parking space for each eight seats on an outdoor dining patio
 
 
 
Amendments needed to Administration Zoning Proposal:
 
 
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(Entertainment)
 
Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
 
(a) Entertainment.  In ALL Retail Districts, entertainment provided in any restaurant, tavern or bar as well as an accessory use or activity in any business, shall be limited to unamplified acoustic musical instruments or other entertainment that produces noise levels no greater than that produced by unamplified acoustic musical instruments.  In all zoning districts, the space in which the entertainment will take place shall be situated, designed and configured in a manner that ensures that no noise or vibration emanating from such use will be perceptible on the premises of any Residential District or dwelling unit existing at the time of the establishment of the use other than a dwelling unit located in the same building as the entertainment activity.  In all zoning districts, noise associated with such entertainment shall be regulated by the provisions of Sections 605.10 and 683.01.
 
 
Section 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:
 
(1) Except as otherwise provided in this Zoning Code, all uses permitted and as regulated in any Local Retail Business District.
 
 (2) All retail business uses and buildings specified in division (b) of Section 343.01, and uses and buildings to provide for:
 
L. Entertainment venues as defined by Section 690.01, nightclubs, or a social, sport or recreational center, but excluding any entertainment use as defined by Section 343.15 (A) Any such use that is operated as a business either as the principal use or an accessory use of a place shall be permitted only as a Conditional Use in accordance with the provisions of Section 329.041, An outdoor dining area that is accessory to any such entertainment, amusement or recreation use shall be permitted as a Conditional Use in accordance with the provisions of section 329.041 and 343.15.

 
 
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(PATIO's)
 
Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
 
(c) Outdoor Dining Patios. An outdoor dining patio area that is located within two hundred (200) feet of a Residential District or dwelling unit shall be permitted as a Conditional Use in accordance with the provisions of Section 329.041.
 
(d) Only by an additional Conditional Use Permit by the Board of Zoning Appeals in accordance with the provisions of Section 329.041  that music performances shall take place and/or any sound amplifying devices shall be operated on any outdoor dining patio or other outdoor area. And shall not be directed to be heard from such areas between the hours of 10:00 p.m. and 10:00 a.m. unless stipulated by the conditions within a Conditional Use Permit and subject to current noise ordinances and penalties within 605.10 and 683.01.
 
 
Section 329.041 Conditional Uses
The Board of Zoning Appeals shall consider an application for approval of any use permitted as a Conditional Use in a particular zoning district in accordance with the following provisions.
 
(f) Criteria for Specific Uses. The following criteria for approval shall apply to Conditional Uses specified in this division.
(1) Outdoor Dining Patios. In considering approval of a Conditional Use Permit application for an outdoor dining patio or area in accordance with the provisions of division (c) of Section 343.15, the Board of Zoning Appeals shall determine whether the proposal meets the following criteria, in addition to the criteria of division (d) of this section.
A. The outdoor area is located or configured in a manner that will prevent noise, vibration, and exterior lighting from disturbing occupants of nearby residences or likely future residences in proximity to the outdoor area.
B. Sound volumes from entertainment to be performed or broadcast on the outdoor dining area will be limited so as not to disturb occupants of nearby residences or likely future residences.
 
 
Section 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               
 
 
(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, plus one for each four seats on an outdoor dining patio.
Nightclubs
Total parking area equal to three times the gross floor area or one parking space for each four seats based on maximum seating capacity, whichever is greater, plus one parking space for each four seats on an outdoor dining patio
 
 
                                               
These are the members of the City of Cleveland Planning Commission.
 
Please review the City of Cleveland Planning Commission web site:
 
 

        Required Accessory Off-Street Parking Spaces

 
Lawrence A. Lumpkin
Gloria Jean Pinkney
Jennifer Coleman ALT.
Dave Johnson ALT.
 
 
I recommend you send you letters or emails to the Attention of Director Robert Brown. And to each member of City Council and the Mayor's Action Center. See emails below.
 
I also attached a few older flyers that will depict what is coming to a corner bar near you.
 
 
 
CLEVELAND CITY PLANNING COMMISSION
RobertCLEVELAND CITY PLANNING COMMISSION
Robert N. Brown, Director
601 Lakeside Ave.
City Hall Room 501
Cleveland, Ohio 44114
Phone: 216-664-2210 ~ Fax: 216-664-3281
 
 
Respectfully Submitted,
 
Henry P. Senyak
216-771-6620 Home
216-798-6620 Cell
 
 
 
 
 

( categories: )

FORM LETTER TO PLANNING COMMISSION/CITY COUNCIL REPRESENTATIVES

 

 

 

City of Cleveland Planning Commission

City of Cleveland

601 Lakeside Ave. (Room 501)

Cleveland, Oh. 44114

RE: New Proposed Zoning and Licensing Legislation for Entertainment Venues

Dear Chairperson Coyne and Distinguished Commission members;

I have been made aware of sweeping proposed legislative changes to current zoning and licensing ordinances by departmental request. I also understand this legislation has had its first reading at City Council on March 14th 2011 and needs Planning Commission approval along with approval of other City Council Committee’s before being re-introduced for passage into law.

While I see the need for extensive changes and agree with the majority of proposals in the legislation. I cannot support the legislation in total unless several amendments are made to revise the zoning portion of the proposal by the City Administration.

The Community currently has the right to attend Zoning Appeal hearings to either support or oppose entertainment uses. The new proposal takes away distance requirements for any location not classified under the new nightclub definition wishing to provide live bands and DJ’s starting in General Retail districts. This then would permit small venues with a dance floor under 400 square foot to provide entertainment without the need for a zoning variance and without community engagement to approve such an extreme change of use. This is unacceptable and we need to insure engagement and planning either by zoning variance or preferably applying the newly created Conditional Use Permit as a standard for entertainment uses outside of acoustical performances first allowed in Local Retail districts in the proposal.

After further review of the legislative proposals I find it not acceptable to allow any outdoor patio area if approved and permitted via a Conditional Use Permit to have entertainment performances or sound devices as an allowable standard. The fact of allowing noise to emanate from such a use to 1AM in the morning seven days a week will not be harmonious with surrounding residents. This will lead to tensions and will end up being a burden on the Division of Police. Such uses need to again be addressed via a Special Conditional Use Permit approved in addition to the patio expansion itself. Sound travels and near-by residents or uses may not be impacted or be blocked by an acoustic shadow but this could impair inhabitants right to privacy blocks away.

One other concern within the legislation seems to be lowering the need for off-street parking requirements for expansions of use. I feel most locations do not have adequate off- street parking period. Further creating an atmosphere with legalizing entertainment uses and the only parking available is on residential neighborhood streets will be detrimental to the peace and tranquility of our community.

 

 

 

 

 

 

Sincerely,

____________________________________________

____________________________________________

CC: All Cleveland City Council members

Mayors Action

 

CLOSED SESSION - AD-HOC COMMITTEE DRAFTING LEGISLATION

To those of you living in the Cleveland City Limits, new laws are about to be presented to the Cleveland City Council for approval and adoption as part of our City Codified Ordinances.

If this legislation is passed as written it will open the doors and create a freeway for dancehalls, bar rooms, nightclubs and restaurants to bang well into the night with loud music and noise (live entertainment) with absolutly no recourse for enforcement.

This legislation was drafted in closed Ad-Hoc Committee meeting spearheaded by Ward 3 Councilman Joe Cimperman and City Planning Commission Director Robert Brown.  

Even though I participated in the initial Ad-Hoc Committee assemblies for new legislation, I was not invited to this round of discussions.  As a matter of fact, my contact at City Hall informed me that if I attempted to attend, I would be escourted out by an officer of the law.   Apparently, no input from the residential citizens was neither welcomed nor wanted.

This legislation will open the gate for every Bounce, Moda, Etc., to operate right in your front yard with Robert Brown (who doesn't even live in the Cleveland City limits) and Cimperman's approval with no consequences.