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2017-4096 OrdinanceLincoln Road -Interior and Exterior Speaker Locations ORDINANCE NO. 2017-4096 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER ------142-,--'-'-ZGNING DIS'FRIG-l"S-AND REGUL;;-AT10NS,"-AR'TIClE-II,------ "DISTRICT REGULATIONS," DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-336 THEREOF, ENTITLED "LINCOLN ROAD REQUIREMENTS," TO CREATE REGULATIONS PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Lincoln Road is a premier street in Miami Beach providing residents and visitors with a unique cultural, retail, and dining experience which are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, the City recently adopted the new Lincoln Road Master Plan, and in order to ensure compliance with the Master Plan and ensure the integrity of Lincoln Road the City Commission recommends the regulation of noise generated from indoor and outdoor speakers ; and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified herein; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 6, "CD-3 Commercial, High Intensity District," Is amended as follows: Sec. 142-336.-Lincoln Road requirements. The following additional regulations shall apply to the portion of Lincoln Road that is closed to vehicular traffic: ill Apartments, apartment/hotels, hotels and the conditional uses, as described in this division, which are located on that portion of Lincoln Road that is closed to traffic, may have first floor entrances and lobbies occupying up to 20 percent of their total street frontage(s). The remainder of their first floor frontage shall consist solely of commercial uses, extending back at least 75 feet from the street frontage(s). b) The following requirements shall apply for speakers: 1) All exterior speakers, and interior speakers within 20 feet of the property boundary facing Lincoln Road or a side street shall be prohibited. 2) Notwithstanding the above, interior speakers may be permitted within the first 20 feet of the boundary facing Lincoln Road or within the first 20 feet of the boundary of a side street, provided any music being played does not exceed ambient levels. Additionally, music played indoors above ambient levels must be inaudible from the exterior of the premises at all times. 3) In the event that the doors of an establishment aFe remain open to the sidewalk, only ambient music shall be permitted within the premises. ------------------ 4) No variances shall be granted from the requirements of this section 142-336(b). 5) All exterior use of speakers, whether or not the speakers are affixed to a property or structure, is prohibited. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this_!]__ day of_M_4~V __ , 2017. I RafaEf'E~o' 1 City Clerk First Reading: April 26, 2017 Second Reading: Verified By: _ ___,u: __ ----~-,,___ __ u---- Thomas R. coney, A CP Planning Director T:\AGENDA\2017\5-May\Pianning\Lincoln Road Exterior Speaker Regulations-SECOND Reading ORD.docx 2 of2 Ordinances -R5 H MIAMI BEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager May 17,2017 ------------------- 10:35 a.m. Second Reading Public Hearing SUBJECT: LINCOLN ROAD -INTERIOR AND EXTERIOR SPEAKER LOCATIONS: 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 CREATE REGULATIONS PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. ANALYSIS BACKGROUND On January 18, 2017, at the request of Commissioner Joy Malakoff, the Land Use and Development Committee (LUDC) recommended that the City Commission formally refer an ordinance specific to indoor and outdoor speakers on Lincoln Road to the LUDC. On February 8, 2017, at the request of Commissioner Malakoff, the Mayor and City Commission referred the subject ordinance to the L UDC for discussion and recommendation (item C41 ). On February 15, 2017, the LUDC discussed the ordinance and recommended that the City Commission refer the item to the Planning Board for consideration. On March 1, 2017, the City Commission referred the proposed ordinance to the Planning Board (Item C4E). PLANNING ANALYSIS The attached draft ordinance would prohibit interior and exterior speakers within 20 feet of a properVs boundary on Lincoln Road, unless music Is played at ambient levels. Specifically, the following is proposed: • All exterior speakers, as well as interior speakers within 20 feet of a property boundary facing Lincoln Road or a side street shall be prohibited. Page 494 of 878 • Interior speakers may only be permitted within the first 20 feet of the boundary facing Lincoln Road or within the first 20 feet of the boundary of a side street, if music being played does not exceed ambient levels. • Music played indoors must be inaudible from the exterior of the premises at all times. • In the event that the doors of an establishment are open to the sidewalk, only ambient music --shall-be-f:)ermitteEl-within-the-f:)remises;----- A no variance provision has also been included in the attached draft of the ordinance. A similar ordinance for Ocean Drive, which prohibits speakers within 20 feet of a property's boundary facing a street, unless music is being played at ambient levels, is pending before the City Commission. PLANNING BOARD REVIEW On March 28, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. UPDATE The subject ordinance was approved at First Reading on April 26, 2017. The City Commission requested 2 minor text changes regarding doors remaining open and the standards for music played above ambient levels being audible from Lincoln Road. Both minor changes have been incorporated into the revised Ordinance for Second Reading. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Legislative Tracking Planning Sponsor Commissioner Joy Malakoff ATTACHMENTS: Description CJ Form Approved Ordinanc(:; .. Page 495 of 878