Item Coversheet

Ordinances - R5  J




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019
 

1:40 p.m. Second Reading Public Hearing

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.


RECOMMENDATION

The administration recommends that the City Commission adopt the subject ordinance.

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.

 

UPDATE

On May 8, 2019, the City Commission approved the subject ordinance at first reading, with no changes, and set a second reading/public hearing for June 5, 2019.


CONCLUSION

The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioners John Elizabeth Aleman and Ricky Arriola

ATTACHMENTS:
Description
Form Approved - ORD