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2009-3649 OrdinanceORDINANCE NO. 2009-3649 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT REGUL!ATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT," AMENDING SECTION 142-693 "PERMITTED USES," BY RESTRICTING OR PROHIBITING COMMERCIAL ROOFTOP VENUES SOUTH OF 5T" ;STREET; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Land Development Regulations contain regulations that permit restaurants and bars as an accessory use to hotels and apartment buildings; and i WHEREAS, the City Commission is concerned about the proliferation of unwanted land use conflicts between residents and commercial establishments in the area south of 5th Street; and WHEREAS, the noise that emanates from rooftops may be the source of the noise pollution and is one of the major influences in the diminishing quality of life of residents in that area of the City; and WHEREAS, the residents of the area known as the "PS Performance Standards District," have petitioned the City Commission to take affirmative action in restoring their quality of life; and WHEREAS, the City Commission finds that this amendment is necessary in order to accomplish the above. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 142-693, "Permitted Uses,nj of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: i Section 142-693. Permitted uses (a) The following uses are permitted i n the performance standard district: General Use R-PS R-PS C-PS RM-PS1 Cate o 1, 2 ~ 3, 4 1, 2, 3, 4 Single-family; P p p p townhome; I Apartment/hotel apartment; j not permitted a artment/hotel Hotel N P p N Commercial N ~ N P p 8% of floor area 1 of 4 General Use R-PS i R-PS C-PS RM-PS1 Cate o 1, 2 3 4 1, 2, 3, 4 Institutional C ~ C C C 1.25% of floor area Accessory N However, P* N outdoor bar accessory counters, outdoor bar provided that the counters are accessory permitted in outdoor bar oceanfront hotels counter is not with at least 100 operated or hotel units in the utilized between R-PS4 district* midnight and 8:00 a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an ~, apartment unit, the accessory outdoor bar counter may not ~ be operated or utilized between ~ 8:00 p.m. and 8:00 a.m. Outdoor N N N N entertainment establishments i, and open air ~, entertainment ~ establishments j i Neighborhood N ', N C N impact However, in the establishments R-PS4 district, this use is permitted, as an accessory use in oceanfront hotels with 250 or more hotel units, as a Conditional Use. Access to the establishment shall be only from the interior lobby of the hotel and not from the street. Accesso P' P* p* p* P--Main permitted use; C--Conditional use; N--Not permitted 2 of 4 * -- Accessory use only Floor area in the RM-PS1 district refers to total floor area in project. Commercial uses in RM-PS1 limited to stores and restaurants. (b) For purposes of this section, a car wash, filling station and any use that sells gasoline, automobiles or automotive or related repair uses are considered as industrial uses and are not permitted in the redevelopment area. (c) For purposes of this section; pawnshops and dance halls and entertainment establishments are not permitted as a main permitted or accessory use south of Fifth Street; however, in the C-PS3 and C-PS4 districts dance halls and entertainment establishments shall be permitted as an accessory use within a hotel of 250 rooms or more with access to the dance hall or entertainment establishment only from the interior lobby and not from the street. (d) In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants or bars that serve alcohol shall be limited to a maximum of 1.25 seats per hotel or apartment unit for the entire site. The patron occupant load, as determined by the Planning Director or designee, for all accessory restaurants and bars that serve alcohol on the entire site shall not exceed 1.5 persons per hotel and/or apartment unit. For a hotel or apartment property of twenty (20) units or more, but less than thirty two (32) units, the restaurant or bar may have a maximum of forty (40) seats in the aggregate on the site. The number of units shall be those that result after any renovation. (e) Commercial and noncommercial parking lots and garages shall be considered as a conditional use in the R-PS1, 2, 3 and 4 districts. (f) Video game arcades shall be considered as a conditional use in the C-PS1, C-PS2, C-PS3, and GPS4 districts. (g) New construction of structures 50,000 square feet and over in the C-PS1, 2 3, and 4 districts (even when divided by a district boundary line) shall be considered as a conditional use, which review shall be the first step in the process before the review by any of the other land development boards. h) Notwithstanding the uses permitted in (a)___and (d) above, in all districts except GU Government Use district, no alcoholic beverage establishment, or restaurant may be licensed or operated as a main permitted, conditional, or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) located south of 5th Street. Except that: (1) Outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues may be permitted in the areas described in this subsection (h) before 8:00 .m. with no back round music am lified or non-am lified (2) No commercial activity may be permitted on areas as described in this subsection (h) between the hours of 8:00 p.m. and 10:00 a.m. 3 of 4 (3) Nothing herein shall prohibit residents of a multifamily (apartment or condominium) building, or hotel guests and their invitees to use these areas as described in this subsection (h), which may include a pool or other recreational amenities, for their individual, personal use. Variances from this subsection (h) shall not be permitted. Special events shall not be permitted in the areas described in this subsection (h). SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. i All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 9th day of September, 2009. i Ma ti Herrera Bower MAYOR ATT S >/l. ~ ~, CITY CLERK Robert Parcher First Reading: July 15, 2009 Second Reading: September 9, 2009 '.~ City Attorney Verified by: Underscore denotes new language F:\PLAN\$PLB\draft ordinances\1923 -rooftop venues south of 5th\Rev 101409-CC amendments.doc APPROVED AS TO 'ORM & LANGUAGE & FOR EXECUTION 1 ~ )q ~`j 4of4 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Restricting Or Prohibiting Commercial Rooftop Venues South Of 5'h Street. Key Intended Outcome Supported: Satisfaction with neighborhood character and quality of life. Supporting Data (Surveys, Environmental Scan, etc Satisfaction with neighborhood character and quality of life. Issue• Should the City Commission adopt the proposed ordinance restriction or prohibition of rooftop venues south of 5'h Street. Item Summa /Recommendation: SECOND READING PUBLIC HEARING The proposed ordinance would prohibit alcoholic beverage establishments, or restaurants, to be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) located south of 5'h Street, except GU, Government Use properties. The presence of large numbers of patrons at outdoor venues during late hours can cause negative noise impacts on nearby neighbors. Additionally, the proposed ordinance would not allow commercial activity in the areas described between the hours of 8:00 p.m. and 10:00 a.m. Variances from this section of the City Code are not be permitted; and special events would not be permitted as well. The Administration recommends that the Ci Commission ado t the ro osed ordinance. Advisory Board Recommendation: At the April 21, 2009 meeting the Planning Board by a vote of 6-0 (one member absent) recommended adoption of the proposed ordinance. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action and determined that the proposed Ordinance may slightly affect the fees collected via Business Tax Receipt as the ordinance will prohibit the use of any open area above the ground floor (any area that is not included in the FAR calculations south of 5~' Street. Ci Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares Sign-Offs: ~ t]~partmen~irector ~ ~ Assistant City Manager ~ _ City Manager 1923 -rooftop venues south of 5th St sum.doc I~ MIAMIBEACH AGENDA ITEM ~?S S DATE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower'and Members of the City ommission FROM: Jorge M. Gonzalez, City Manager DATE: September 9, 2009 econd Readino Public Hearinst SUBJECT: Commercial Rooftop Venues South of 5t" Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT," AMENDING SECTION 142-693 "PERMITTED USES," BY RESTRICTING OR PROHIBITING COMMERCIAL ROOFTOP VENUES SOUTH OF 5T". STREET; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND At the January 28, 2009 meeting, the City Commission referred to the Planning Board for its consideration and recommendation, an ordinance that either bans rooftop venues south of 5th Street, or bans rooftop venues from at least 8 p.m. until 8 a.m. ANALYSIS The area south of Fifth Street consists of a number of different residential and commercial zoning districts. Restaurants, bars, and lounges are permitted as stand- alone main permitted uses in all the 'commercial districts (CPS-1, 2, 3 and 4). They are prohibited in the residential districts ~,(RPS-1, 2, 3, and 4) except with certain limitations as accessory to hotel uses in the RPS-3 and RPS-4 districts. It should be noted that areas south of 5th Street that are zoned GU, "Government Use," are governed by the development regulations contained in Section 142-425 of the City Code which partially states that in the GU government use district the regulations are the average of the requirements contained in the surrounding. zoning districts as determined by the Planning Director, and must be approved by the City Commission. There are several areas south of 5th Street that pare zoned GU and currently have licensed alcoholic beverage establishments that could potentially be affected by the proposed ordinance; City Commission Memorandum Rooftop Venues south of Stn Street September 9, 2009 Page 2 i.e. South Pointe Park, where Smith and Wollensky is located. This location is adjacent to R-PS4 and C-PS3. The Marina, facing Government Cut, where Monty's is located is adjacent to C-PS4; and Penrod's on Ocean Drive, is adjacent to R-PS4. The map attached to the last page of this report demonstrates graphically the zoning districts south of 5th Street and which of those are affected, or potentially affected by the proposed ordinance. The Code defines outdoor food and beverage uses as "outdoor cafes", but makes no regulatory distinction between indoor and outdoor seating areas. Rather, the regulatory focus on outdoor venues has been through the regulation of "accessory outdoor bar counters", which are defined as the actual bar counter at or behind which alcoholic beverages are prepared and/or served. Accessory outdoor bar counters are permitted in the commercial districts south of Fifth Street, but only until midnight, or until 8:00 p.m. if the property is next to a residential unit. They are also permitted in oceanfront hotels with at least 100 hotel units in the R~ PS4 district subject to the same limitation on hours of operation. in either case they may not be visible from the right of way. Variances to waive the restrictive hours for outdoor bar counters have in the past been applied for and in some cases approved by the Board of Adjustment. Regulating only the "bar counter" leaves the problem of outdoor alcoholic beverage establishments that are served from',enclosed areas, thereby avoiding the restrictions on outdoor bar counters. It is clear from the pattern of neighborhood complaints that the sheer presence of large numbers of patrons at outdoor venues during late hours can cause negative noise impacts on nearby neighbors, whether or not the actual bar counter is outdoors or enclosed. A limitation on rooftop outdoor alcoholic beverage establishments south of Fifth Street could help to control the proliferation of unwanted land use conflicts between residents and commercial establishments. This type of regulation could be in the form of outright prohibition, or perhaps on a limitation on hours similar to those currently in place for outdoor bar counters. LAND USE AND DEVELOPMENT COMMITTEE I The Land Use and Development Committee reviewed the proposed ordinance at its January 12, 2009 meeting and recommended the referral to the Planning Board for its input and recommendation. PLANNING BOARD ACTION At the March 24, 2009 meeting the Planning Board continued the proposed ordinance to the April meeting requesting that staff include definitions for rooftop and commercial use. At the April 21, 2009 meeting, the Planning Board recommended for adoption by the City Commission an amended version of the proposed ordinance. A definition for "rooftop" was complicated to articulate during the discussions at the Planning Board hearing. Would it be defined as the unclosed top level of a building? Or could it be defined as the roof deck of the pedestal of a building? In order to avoid confusions, the final decision of the Planning Board members was that no alcoholic beverage establishment, or restaurant, may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) located south of 5th Street, except GU, Government Use properties. This allows residents of a i City Commission Memorandum Rooftop Venues south of 5th Street September 9, 2009 3 multifamily (apartment or condominium) building or hotel guests to use these areas, which may include a pool or other recreational amenities, for their individual, personal use. No variances from this section, would be permitted. This was approved by a vote of 5-0 (two members absent). CITY COMMISSION ACTION At the July 15, 2009 meeting, the City Commission approved the proposed ordinance on first reading with the following amendments: • Include in section 142-693(h): "....may be licensed or operated as a main permitted, conditional or accessory ..." • Add language regarding no jcommercial activity on the rooftop between 8 pm. and 10 am. • Add language no variances Ir special events permitted i These amendments have been incorporated in the proposed ordinance. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action and determined that the proposed Ordinance may slightly affect the potential fees collected via Business Tax Receipt as the ordinance will prohibit the use of any open area above the ground floor (any area that is not included in the FAR calculations) south of 5~' Street. I CONCLUSION ~ The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 118-164(2) of the City Code, (2) when the proposed amendment changes the actual list of permitted, conditional or prohibited uses within a zoning category, the City Commission shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. ~ The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one of limited subject matter. ' City Commission Memorandum Rooftop Venues south of 5rh Street September 9, 2009 4 Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of the City Commission shall be necessary in order to enact any amendment to the Land Development Regulations. JMG/TH/JGG/ML T:WGENDA\2009\September 9\Regular\1923 -use of rooftops south of 5th memo.doc City Commission Memorandum Rooftop Venues south of 5t`' Street September 9, 2009 Page 5 Zoninst map showinu areas affected by the proposed ordinance Gu ...................... ...................... ............... ~j ® Areas affected by the propose0 ordinance GU properties with afcofrolic beverage establtatfinents 0 potentlaUY affected by the proposed ordinance Q Areas that do trot allow alcoholic beverage establishments including parks end schools {GU) THURSDAY, AUGUST 27, 2009 173MiB --~ nni~r~niBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS 'tVO11CE IS HEREBY given that secend readings and public hearings will be~heldtythe Mayor and City Commission.of the City of Miami Beach, Forida, In Me Commission Chambers, '3rd floor, Cfry Ha11,1700 Comentlon Center Drive, Miami Beach, Florida, on Wednesday, September 9,2009, to consider the~idOgyidng: 1030 a.m. . An Ordinance Amending Chapter 10 Of The Miami Beach City Code EntJtied 'Animals,' By Amending Section 10-10, Eritltled "Animals Prohibtted In Public Parks And On'Beaches" Byfroviding That 7tie Ctt9 Commission May Designate Dog Parics in Public Park Areas; AmendinA'Sectlan 10-11, Entttled "Running At Large Prohibtted"'By Providing That The City'Commiaslon May Designate5pedfic pit-LsashAreasForpogsidPoblicParks. jligrriries may be directed to the City Atmmey's Office at (305) 673-7470. 1i."t5 a.m. - . :prc,Ordinance Amending Chapter 30,_Entitled "Code Entorcement,"-By Amending Article III Thereof, Entitled "Entorcement Procedure," By Amending Section 30-74, Errtltle!!/"Rne;' :tAr.Adrending Tfu: Provisions Relating To fie Mitigation Of Rnes; BY Amending Section 30-76, Emitled "Rehearings; Mitigation," By Increasing The Time Period Fornie Jurisdiction Of The Spedel Mosier For The Mitigation Of Flees To Three Years And Providing Criteria Relative To Rne Mitigation. •. ~nqulties may be directed to the City Manager's Ofttce at (305) 673-7010. 9~0$arr. .Art Ordinance Amending'Miami Eeadh Ctty Code Chapter 2, Adide VII, Section 2-458 Thereof Entitled •Supplemernal Absterdion And Disclosure Requiremeids" By Requiring Public Officers To 'ENsdoce Compensation ReceNed By Wblic'Otficei And/Or Public rnficer's Employer Or Rrm Related To Subject Cantiicting Relationship, Said Disclosures 70 Be Made Fmm Three Years Preceding EOdpinel Date Of ElectioNAppointmerd Of Wblic Officer. ~rrquiri~ may be directed to the City AOomey's Office at (305) 673-7470. 89D~pm. 71h;Qrdinance Amending M Pad Miami Beach f3ty Code Chapter 2, Article VII, Division 5-Entitled "Campaign Rnance Reform "Sections 2-487.Through Md Indutling 2-490, By Prohibting 'Vendors" '"tied`"Real E`siate Developers' From Solidting Campaign Contributions For Candidates For The Oftice.Of Mayor Or Commissioner, Expanding Upon The Definitions Ot "Vendor" And "Real Estate UeveTeper° And Contortning As Housekeeping MaOer Certain language To Existing Text lrlqulries may be directedto Ore City Attorney's Office a[ (305) 673-7470. ' '3d10:p:m. •#bu0rdtnance Amending Miami Beach Ctty Cafe Chapter'2, Article VII, Dihsion 5 Entitled "(~mpalgn Rnance Reforrri," By Adding Rrereto Section 2-491 EntiOed'Prohibited Lobbying By Campaign Bor~dtartts," Prohibiting Campaign Cauvtlmnffi~Md Cedain.AOilleted Persons Or Entities f7om Lobbying qty Commission For 12 MorrOis Subsequent To Swearing In Of Subject Elected Official(s), . f~rtishing Definitions, Limiter Examl>don Arid Disdosure/AHsterdion Nequiremerds. ;} ~Orquides may be directed to the'City Attorney's Office at (305)'673-7470. Art ONmance Amending. Miami Beach qty Coda CtrapOer 2, Article N, Division 1, Sectlori 2-194 Thereof Errtltled "Removal Fmm Office°, By Limiting Grounds For Suspension/Removal To Those "Sperntled OBenses° Set Forth Vifi1Mn Florid Statute Section 112.3173 (As Amended), And Establishing Procedure Priorio SusperraioMRemov~. - i..tnpulrles may be directed to the City AOomey's Office at (305) 673-7470. Andirddicerrce Amending Miami Beachqty-Code Chapter 2; Artlde VII;'Divislon 2; Battier 2-458 Thereot~rrtlOerf 'Sgppleme0tfll Afls[ention And Disda;ure Requirements', Eslabgstdng Additlonat .flisdawre Requirements fror Public Offidals Of Any Fartrtiy Or Business Relataiship With Party Who Is Directly Benefittad By ggenry Vole. lerplides may be directed to the CityJUtartey'si11(ice of (305) 673.7470. ~ ~• - An Ordinance Amending Miami 8eagh C(ty Cade Chapter 2, Article VII, Division 2,Sectiai 2-450 Thereof Entitled 'Disclosure Ot Interest Iri/Relatiorrship With Business Entlty,° By Requiring FJected Offidal's Disclosure Of Certain Business Relationships Fstabiished ~In 24 Months After Contreding Party's Appearance Before City Commission. tnquides may be diredatl to.lheDity Attomey'sDlfice.at (305) 673.7470. 3~0 pan. - ' An Onlinarice Amending Miami Beach qtY Code.Chapter2,Arficle V9;Division 2 Thereof By.Cteating Section 2-462.6rbbed'Prohibttlng Elected 00fcials From Having Carrsin Post-Service.Corrtracls With qty", Prohibiting Former City FJedBd.Offudais From City Employment Or Contracts On MaOers tit Which qty Commission Approval Is Requimd. IirquMes may be dkacted to Om.Clty'Atlomey's Ortice at (305) 673-7470. 3dl0y.m. An Ordinance Amending Miami Beach Cily Code Chapter 2, Artlde VII, Division 2 Thereof By Creating Section 2-463 Entitled °Prohibttion Of Certain Post-Service/Employment Relationships", Prohibttirig Certain Past~ServicelEmpkiymerd Activity Of City Elected Olfidals Md gryfmplo)rees FOr A Pedod'Of Two Yeare7lfter Leaving Clry ServicelErirployment. '"!'• Nquiries~may be directed m the Cily Atmmeys Office at (305) 673-7470. - '.8nt0 p.m. An Ordinance Amending In. Pad Miami Beach gty.Gade Chapter 2, Aride VII, Division 5 Thereof Entmetl .Campaign Rnance Reform," Sections 2-467 `Prohibitetl•Campatgn Contributions By Venders; 2-468'Prohibited Campaign Coritribufions fly Lobbyists On Procuremerd Issues,' 2-469 °Prohibtted Campaign Contributons By Real Estate Developers,"And 2-490'Prahibffed Campaign (bntdbuttons BY Lobbyists .1)n Real Estate .0eveloprrreM Issues," By Prohibiting Campaign Contributions From Vendors, Real.Fstate Developers And Their Respective Lobbyists To Centlitlate~ Incumbent Members Of The qty Commission Seeking Any Non-federal Elected Office. Ingutnes may be directed to the City AOOmey's Office at (305) 673-7470. 5AO p.m. 'An OMfnance Amending The Land Development RegulaOons Of The Code Of The Ctty OF Miami Beach, By Amending Chapter 142, 'Zoning DisMcts And Regulations," Adide II "District AegulaOons," Division 18 "PS Performance Slantlard District," Amending Section 142-693 "Permttted Uses," By Restricting Or Prohibiting Commercial Rooftop Venues Scuth Of 5'" Street. hiquiries maybe directed tc the Planning Departrnent at(305) 673-7550. ' IIYFERESTID PARf1ES are imftetl to appear st this meeing,..a°be represented by an agent, nr to express Oieir views M writing addressed to the City CommLssion, c/o the LLLy,Clerlc, 17D0 Conversion Center Drive, 1st Floor, City Hail, Miami Beach, Rodda 33139. Copies of these ordinaraxs are available for,puOlic in~ection'during normal business hours in the City park's Office, 1700 Cornerrion Carder Drive,lst RcoG City Hall, and Mlarhi Beach, Florida 33139. This meeting may ire ceninued and under such dreumslancesadditional Isgal irotice would rot be provided. . Jiobert E. Percher, Giry Clark . .. - ~ ~ ..qty of MiamiBeach . Aireuent to Sectlort2B6:0105, Fla. Stet, the Oily hereby advises the public that: it a person decides 1D appeal any tlecision~inade by the City Commission uidtls respect to any matter censltleredat 115 meeing or tts hearing, such:person must ensure flat a ver~tim record a the proceedings is made, which record includes lhetestimorry and evidencerrpon which9he appeal•is to.be based. This notlce - tlcesirotconsibrte rxlnseot.by Ore City for the intraducien or admission a otherwise inadmissible a irrelevant evidence, nor does it authorrze challenges or appeals not otherwise allowed by law. To requesl this material in accessible formal, sign language interpreters. intorntation on access for persons with disabiiies, andta any arxommotlation to review any document or partlcipate In any dty-eponsDretl Proceeding, Ptwsa cortEact (305) BD4-2489 (vdce), (305)673-7218(tTY)five dayslnadvance Lo brl~[e your request. TTY users may also call 711:(Flaida Relay Service). llttlff53 .