| | | | | | | |  | Ordinances - R5 O
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 8, 2019 | | | | First Reading
| | SUBJECT: | LINCOLN ROAD - SPEAKER REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING
SECTION 142-336 THEREOF, ENTITLED "LINCOLN ROAD
REQUIREMENTS," TO MODIFY REGULATIONS PERTAINING
TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS
FRONTING LINCOLN ROAD, AND TO ESTABLISH PENALTY
AND ENFORCEMENT PROVISIONS APPLICABLE TO
VIOLATIONS THEREOF; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission approve the subject ordinance at first reading, and set a second reading/public hearing on June 5, 2019. |
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| | | | | | | | ANALYSIS
| HISTORY
On November 14, 2018, at the request of Commissioners Ricky Arriola and John Elizabeth Aleman, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4P). On February 20, 2019 the LUDC discussed a draft ordinance and recommended that the City Commission refer the item to the Planning Board.
On March 3, 2019, at the request of Commissioners Ricky Arriola and John Elizabeth Aleman, the City Commission referred the attached Ordinance to the Planning Board (Item C4Q).
PLANNING ANALYSIS
The attached draft ordinance would allow café and restaurant uses to have exterior speakers under limited circumstances. Specifically, restaurant and café uses may be permitted to have exterior speakers in accordance with all of the following:
1. A certificate of appropriateness is granted, in accordance with the applicable requirements of Chapter 118, Article X of these Land Development Regulations, shall be required for any and all exterior speakers.
2. Music played by exterior speakers shall remain at or below ambient levels at all times.
3. If a restaurant or café use, with approved exterior speakers, is replaced by a uses other than a restaurant or café, all exterior speakers shall be removed.
The draft ordinance also includes a penalty schedule, as recommended by the LUDC.
PLANNING BOARD REVIEW
On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-1.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission approve the subject ordinance at first reading, and set a second reading/public hearing on June 5, 2019. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioners John Elizabeth Aleman and Ricky Arriola |
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