Reso 96-21685RESOLUTION NO. 95-21685
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 89-
2665 BY ADDITION OF SECTION 12C, ENTITLED
"CABARET OVERLAY DISTRICT", ESTABLISHING A
CABARET OVERLAY DISTRICT LOCATED BETWEEN 900
AND 1090 OCEAN DRIVE AS MORE PARTICULARLY
DESCRIED HEREIN; ESTABLISHING LIMITATIONS ON
PERMISSIBLE VOLUME FOR NOISES ORIGINATING
WITHIN THE CABARET DISTRICT; PROVIDING THAT
ALL OTHERWISE APPLICABLE ZONING REGULATIONS
SHALL CONTINUE TO APPLY WITHIN THE DISTRICT;
PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE
WHEREAS, the Mayor and City Commission adopted Ordinance No.
95-2982 on March 22, 1995 which established a restriction on
permissible noise volume for the area located between 900 and 1100
Ocean Drive which was to be in effect for a six month period; and
WHEREAS, the City Commission requested that the Planning Board
consider whether a permanent District should be created in that
area utilizing the same noise restriction adopted for six months;
and
WHEREAS, on July 25, 1995 the Planning Board will hold a
public hearing to consider an ordinance amending Zoning Ordinance
No. 89-2665 by addition of Section 12C, entitled "Cabaret Overlay
District", establishing a cabaret overlay district located between
900 and 1090 Ocean Drive; establishing limitations on permissible
volume for noises originating within the Cabaret District;
providing that all otherwise applicable zoning regulations shall
continue to apply within the District; providing for a repealer,
severability and an effective date and will vote on a
recommendation as to whether the City Commission should adopt the
ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-
2665, the proposed ordinance must then be considered by the Mayor
and City Commission at a public hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission will consider an ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, amending
Comprehensive Zoning Ordinance No. 89-2665 by addition of Section
12C, entitled "Cabaret Overlay District", establishing a cabaret
overlay district located between 900 and 1090 Ocean Drive;
establishing limitations on permissible volume for noises
originating within the Cabaret District; providing that all
otherwise applicable zoning regulations shall continue to apply
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within the District; providing for a repealer, severability and an
effective date, and a public hearing to be held before the City
Commission in its Chambers on the Third Floor of City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on September 13,
1995, beginning at 3:00 p.m., and the City Clerk is hereby
authorized and directed to publish appropriate Public Notice of
the said Public Hearing in a newspaper of general circulation in
the City of Miami Beach, at which time and place all interest
parties will be heard.
PASSED and ADOPTED this 26th , 1995. ---------
July
ATTEST:
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FORM APPROVED
Legal Dept.
By J
Date 525 1-20-15
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BE-ACH FLORIDA 33139
co0Iss1oN MEMORANDUM No.Z,3-/-]
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
JULY 26, 1995
FROM:
SUBJECT:
Jose Garcia-Pedrosa •~·ìtl J
City Manager ¡$f
'3 SETTING OB PUBLIC HEARING - AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, BY CREATING SECTION 12C,
ENTITLED, "CABARET OVERLAY DISTRICT REGULATIONS";
ESTABLISHING A CABARET OVERLAY DISTRICT LOCATED
BETWEEN 900 AND 1090 OCEAN DRIVE; ESTABLISHING A
LIMITATION ON PERMISSIBLE VOLUME FOR NOISE
ORIGINATING WITHIN THE CABARET DISTRICT; PROVIDING
THAT ALL OTHERWISE APPLICABLE ZONING ORDINANCE
REGULATIONS SHALL CONTINUE TO APPLY WITHIN THE
DISTRICT; PROVIDING FOR INCLUSION OF THE CABARET
DISTRICT ON THE CITY'S ZONING DISTRICT MAP;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission set a first
reading public hearing on September 13, 1995 for this amendment
which creates Section 12C, entitled, "Cabaret Overlay District
Regulations" within Zoning Ordinance No. 89-2665 and authorize that
the Code Compliance Division further evaluate noise levels in the
area, prior to first reading, to confirm the district's boundaries.
BACKGROUND
On March 22, 1995 the City Commission adopted the "Noise Ordinance"
(See attached Exhibit 'A') with a proviso which stated that unless
the City Commission enacts legislation within 180 days from the
adoption of said ordinance establishing a separate district
including the area located between 900 and 1100 Ocean Drive and
providing for volume limitations which differ from those
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AGENDA ITEM
DATE
£310
72L-1
established for the other areas of the City, the definition of
"Unreasonably Loud" set forth in Section 24-1 shall apply for
properties in the City, including those located from 900-1100 Ocean
Drive at the end of the 180-day period.
In other words, the City has set a deadline of September 19, 1995
to establish overlay areas where the determination for loud noise
would be more relaxed. Those properties between 9th Street and
11th Street facing on Ocean Drive were targeted for this exempt
area since it was perceived there is an exiting concentration of
several outdoor entertainment establishments with live and/or
recorded amplified music played at a higher volume than elsewhere.
The City Attorney's Office drafted the attached ordinance (Exhibit
'B') to address this issue.
The Planning Board will hear the item at their July 25, 1995
regular meeting. Since the Commission will not hold public
hearings in August, the public hearings for the Cabaret Overlay
District Regulations are being set before the Planning Board
actually holds their public hearing in order to achieve appropriate
action within the 180 day time period. However, the Administration
has no reason to believe that the Planning Board will not have
rendered a recommendation by the 25th of July.
On a related matter, a new amendment was heard by the Board at
their July 25th meeting regarding the prohibition of outdoor bars
in the City, except for oceanfront hotels which could have such an
amenity within the rear setback area.
ANALYSIS OF PROPOSED ORDINANCE
What follows is an analysis of each subsection of the amending
ordinance.
Subsection 12C-1. PURPOSE
This subsection states the purpose of the newly created Subsection
12C, entitled "Cabaret Overlay District". The purpose of the new
subsection is to allow for the continuation of an area of the City
where ambience contributes to the enjoyment by residents and
visitors of entertainment uses which feature the serving of food
and beverages accompanied by musical entertainment.
Subsection 12C-2. DISTRICT BOUNDARIES
This subsection states the district boundaries. The Cabaret
Overlay District shall be located between 900 and 1090 Ocean Drive
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on Miami Beach. The legal description for the District is provided.
See Exhibit "C", Site Plan for proposed district. Note that only
those properties facing on Ocean Drive between 9th and 11th Streets
are proposed to be included within this new overlay district.
Subsection 12c-3 LIMITATION ON NOISE VOLUME
For purposes of enforcement of the City's Noise Ordinance, (See
attached Exhibit 'A', newly created Chapter 24 of the Miami Beach
City Code entitled "Noise", for definitions of terms within this
subsection), the following definition of "unreasonably loud" shall
apply for all noises originating within the Cabaret Overlay
District as described in Subsection 12C-2 above. "Uninvited Noise"
shall be deemed "Unreasonably Loud" if it is plainly audible inside
of a residential receiving property or part thereof, at a distance
greater than 50 feet away from the property line of the sound
source or is plainly audible inside of a place of business, or part
thereof, at a distance greater than 100 feet away from the property
line of the sound source. For purposes of enforcement of this
Section, measurements of distance from a sound source to a
receiving property shall be measured in a straight line from the
property line of the sound source to the residence or place of
business which is the receiving property. The measurement will
begin at that point on the property line of the sound source which
is nearest to the receiving property.
The terms "Plainly Audible", Property Line", "Receiving Property",
and "Sound Source" shall have the same meanings as set forth in
Chapter 24 of the Miami Beach City Code. Notwithstanding
Subsection 21-2 of Zoning Ordinance 89-2665, All procedures for
enforcement of violations of the noise limitations in subparagraph
A above and for appeals of notices of violations issued by Code
Inspectors shall be as set forth in City Code Chapter 24, and
amendments thereto.
This subsection differs from the existing Noise Ordinance (Chapter
24) which defines "Unreasonably Loud" as uninvited noise which is
plainly audible inside of a receiving property, across a property
line. The cabaret district regulations would extend the
measurement for uninvited noise to 50 feet away from inside a
residential Receiving Property from the Property Line of the Sound
Source and to 100 feet away from inside of a place of business from
the Property Line of the Sound Source. All other terms and
procedures of the Noise Ordinance would remain the same for the
cabaret district.
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Subsection 12c-4. APPLICABILITY OF OTHER PROVISIONS OF ZONING
ORDINANCE 89-2665.
This subsection stipulates that the regulations in this new Section
12C shall be supplementary to all other provisions of Zoning
Ordinance No. 89-2665 and all such applicable regulations shall
continue to apply within the newly created Cabaret overlay
District.
The last sections of the amendment provide for repealer,
severability and an effective date.
OUTDOOR ENTERTAINMENT SURVEY OF OCEAN DRIVE AND COLLINS AVENUE
On July 15/16, 1995 between the hours of 10:30 p.m. and 1:45 a.m.
staff from the Planning Design and Historic Preservation Division
conducted a physical inspection of each property on Ocean Drive and
Collins Avenue from 5th to 16th Streets to ascertain if and what
type of outdoor entertainment each property might feature (See
Exhibit 'D', Outdoor Entertainment Site Plan).
On this particular night and early morning, eight (8)
establishments employed live entertainment on a porch or patio or
emanating from within a building via open doors. Of these, only
two (2) were perceived to be loud volume establishments; the Ocean
Promenade at 1052 Ocean Drive and the Clevelander Hotel at 1020
Ocean Drive. Of the eight live entertainment establishments, Four
were within the proposed overlay district. The other four were
scattered on the 1200, 1300, 1400 Blocks of Ocean Drive and the
1100 Block of Collins Avenue. Also, seventeen (17) properties
displayed amplified music on a porch or patio. Only one (1) of
these establishments would be located within the proposed overlay
district. The majority of these types of establishments (12) with
outdoor recorded music are located between 5th and 9th Streets
facing on Ocean Drive.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission set a first reading public hearing on September 13, 1995
for this amendment creating Section 12C, entitled, "Cabaret Overlay
District Regulations" within Zoning Ordinance No. 89-2665 and
that the Code Compliance Division further evaluate noise levels in
the area, prior to first reading, to confirm the proposed
district's boundaries.
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