| | | | | | | |  | Ordinances - R5 L
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | January 16, 2019 | | | | First Reading
| | SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER
142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY
AMENDING DIVISION 13, ENTITLED "MXE MIXED USE
ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546
THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS
FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS
AVENUE," TO CLARIFY EXISTING PROVISIONS, AND TO
ESTABLISH PENALTY AND ENFORCEMENT PROVISIONS
APPLICABLE TO VIOLATIONS OF SECTION 142-546(B),
PERTAINING TO SPEAKER REGULATIONS FOR LOTS FRONTING
ON OCEAN DRIVE; AND 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 for February 13, 2019. |
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| | | | | | | | ANALYSIS
| HISTORY/ BACKGROUND
On April 26, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4085, amending City Code Section 142-546, to create regulations pertaining to exterior speakers on lots fronting Ocean Drive.
On July 25, 2018, at the request of Commissioner Ricky Arriola, the Mayor and City Commission referred the subject Ordinance to the Land Use and Development Committee and Planning Board (item C4J). On November 28, 2018 the Land Use Committee recommended that the Planning Board transmit the attached Ordinance to the City Commission with a favorable recommendation.
PLANNING ANALYSIS
The attached draft Ordinance amends City Code Section 142-546, in order to clarify existing provisions, and to establish penalties for violations of the Ocean Drive Speaker Ordinance. Specifically, the clarifications include prohibiting speakers outdoors for retail establishments, and requiring that any music played inside at retail establishments not be audible from the exterior of the premises.
The inclusion of the proposed fine schedule is based on the penalty provisions applicable to violations of the City's Noise Ordinance, codified at Chapter 46 of the City Code, entitled "Environment," Article IV, "Noise."
PLANNING BOARD REVIEW
On December 18, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendment and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).
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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 for February 13, 2019. |
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| | | | | | | | Legislative Tracking
Planning/Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioner Ricky Arriola |
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