2010-3712 Ordinance REVISED VERSION (INCLUDING ACCESSORY COMMERCIAL USES)
AS PRESENTED TO THE FPNA BY THE PROPONENT
(Revised for form approval by City Attorney's Office)
ORDINANCE NO. 2010 -3712
AN ORDINANCE OF THE MAYOR AND CITY COMMISION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH CODE, BY AMENDING
CHAPTER 142, ZONING DISTRICTS AND REGULATIONS,
ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7,
BED AND BREAKFAST INNS, SECTION 142 -1401,
"CONDITIONS FOR BED AND BREAKFAST INNS," BY
MODIFYING THE CONDITIONS FOR BED AND BREAKFAST
INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND
PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations allow for Bed and
Breakfast Inns in certain zoning districts under certain conditions; and
WHEREAS, a broadening of the conditions for Bed and Breakfast Inns
may be desired in order to permit other buildings not built as single family homes
but currently existing as non - apartment uses within historic districts; and
WHEREAS, it would be necessary to amend this portion of the City Code
to permit expanded eligibility for these buildings; and
WHEREAS, it may also be a desired policy decision to permit limit
accessory assembly uses in Bed and Breakfast Inns.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Miami Beach City Code, Chapter 142, Zoning Districts and
Regulations, Article V, Specialized Use Regulations, Division 7, Bed and
Breakfast Inns, Section 142 -1401, "Conditions for bed and breakfast inns," is
hereby amended as follows:
Sec. 142 -1401. Conditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributing building listed as "hictoric" in
the city hictoric properties database as maintained by the planning,
_ - _ '• _ _ - - - _ e • •_ and located in a locally
REVISED VERSION (INCLUDING ACCESSORY COMMERCIAL USES)
AS PRESENTED TO THE FPNA BY THE PROPONENT
(Revised for form approval by City Attorney's Office)
ORDINANCE NO. 2010 -3712
AN ORDINANCE OF THE MAYOR AND CITY COMMISION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH CODE, BY AMENDING
CHAPTER 142, ZONING DISTRICTS AND REGULATIONS,
ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7,
BED AND BREAKFAST INNS, SECTION 142 -1401,
"CONDITIONS FOR BED AND BREAKFAST INNS," BY
MODIFYING THE CONDITIONS FOR BED AND BREAKFAST
INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND
PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations allow for Bed and
Breakfast Inns in certain zoning districts under certain conditions; and
WHEREAS, a broadening of the conditions for Bed and Breakfast Inns
may be desired in order to permit other buildings not built as single family homes
but currently existing as non - apartment uses within historic districts; and
WHEREAS, it would be necessary to amend this portion of the City Code
to permit expanded eligibility for these buildings; and
WHEREAS, it may also be a desired policy decision to permit limit
accessory assembly uses in Bed and Breakfast Inns.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Miami Beach City Code, Chapter 142, Zoning Districts ` and
Regulations, Article V, Specialized Use Regulations, Division 7, Bed and
Breakfast Inns, Section 142 -1401, "Conditions for bed and breakfast inns," is
hereby amended as follows:
Sec. 142 -1401. Conditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributing building listed as "historic" in
design and historic preservation division and located in a locally
designated historic preservation district. The use may also be situated
in a noncontributing building listed as "non hictoric altered" if it is
restored to its original historic appearance and re- categorized as.
"contributinghisteric."
(2) The owner of the bed and breakfast inn shall permanently reside in the
structure.
•
(3) (a) The structure shall have originally been constructed as a
single - family residence; or
(b) The existing structure is not classified by the City as an apartment
building as defined in Section 114 -1 of the City Code.
The structure may have original auxiliary structures such as a detached
garage or servant's residence, but shall not have noncontributing
multifamily or commercial auxiliary structures.
(4) The structure shall maintain public rooms (living room /dining room) for use
of the guests.
(5) The size and number of guestrooms in a bed and breakfast inn shall ,
conform to the following:
a. The structure shall be allowed to maintain (or restore) the original
number and size of bedrooms which, with the exception of rooms
occupied by the owner, may be rented to guests.
b. Historic auxiliary structures, such as detached garages and servants'
residences, may be converted to guestrooms. New bedrooms constructed
shall have a minimum size of 200 square feet and shall have a private
bathroom.
c. Architecturally compatible additions not exceeding 25 percent of the
floor area of the historic building shall be permitted to accommodate
emergency stairs, other fire safety requirements, and new bathrooms.
Additions shall be consistent with required setbacks and shall not be
located on primary or highly visible elevations.
d. If there is evidence of interior alterations and original building plans are
not available, the guestrooms shall be restored to the probable size and
configuration as proposed by a preservation architect and subject to
approval by the historic preservation /design review board.
(6) There shall be no cooking facilities /equipment in guestrooms. One small
refrigerator with maximum capacity of five cubic feet shall be permitted in
each guestroom. All cooking equipment which may exist shall be removed
•
from the structure with the exception of the single main kitchen of the
house.
(7) The bed and breakfast inn may serve breakfast and /or dinner to registered
guests only. No other meals shall be provided. The room rate shall be
inclusive of meal(s) if they are to be made available; there shall be no
additional charge for any meal. Permitted meals may be served in
• common rooms, guestrooms or on outside terraces (see subsection 142 -
1401(9)). The meal service is not considered an accessory use and is not
entitled to an outside sign.
(8) Permitted meals may be served in areas outside of the building under the
following conditions:
a. Existing paved patios shall be restored but not enlarged. If no paved
surface exists, one consistent with neighboring properties may be
installed.
b. The area shall be landscaped and reviewed under the design review
process. Landscape design shall effectively buffer the outdoor area used
for meals from adjacent properties.
c. Any meal served outdoors shall be carried out from inside facilities.
Outdoor cooking, food preparation, and /or serving /buffet tables are
prohibited.
(9) Notwithstanding subsections (7) and (8) above, bed and breakfast inns
that have had historic assembly use prior to December 18, 2010, for which
documentation is accepted and confirmed by the Planning Director or
designee, may be permitted to have limited non - entertainment assembly
uses (including but not limited to: art exhibits, corporate seminars,
educational lectures and presentations), i.e., assembly uses without
entertainment as defined in section 142 -1361, if approved by the Planning
Board as a conditional use, subiect to the following limitations:
a. The assembly uses shall consist of private events by invitation only,
not open to members of the general public, and
b. The assembly events shall end no later than 11:30 p.m.; and
c. Invitations to assembly events must indicate that no street parking is
available for the events, and direct guests to city parking lots or licensed
private parking lots; and
d. No deliveries to the bed and breakfast inn shall occur before 9:00
a.m., or after 5:00 p.m. during weekdays, and before 10:00 a.m., or after
3:00 p.m., during weekends.
e. No speakers shall be permitted in outdoor areas.
(109) The entire building shall be substantially rehabilitated and conform to the
South Florida Building Code, property maintenance standards, the fire
prevention and life safety code and the U.S. Secretary of the Interior's
Standards for Rehabilitation of Historic Buildings, as amended. In addition,
the entire main structure shall have central air conditioning and any
habitable portion of auxiliary structures shall have air conditioning units.
(110) Building identification sign for a bed and breakfast inn shall be the same
as allowed for an apartment building in the zoning district in which it is
located.
(121 -) The maximum amount of time that any person other than the owner may
stay in a bed and breakfast inn during a one -year period shall not exceed
three months.
(132) The required off - street parking for a licensed bed and breakfast inn shall
be the same as for a single - family residence. There shall be no
designated loading zones on any public right -of -way and required parking
spaces shall not be constructed on swales, public easements or rights-of-
way.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections 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
renumbered or relettered 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 8th day of December 2010. •
/ /ihrl
ATTEST:
f ikit& PgAdi'V.
CITY CLERK
First Reading: October 27, 2010
Second Reading: December 8, 2010
gj Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
APPROVED AS TO FORM
AND LANGUAGE & FOR EXECUTION
s .� th I }
- moy o
Underline language is new.
T:\AGENDA\2010 \December 8 \Regular\Bed and Breakfast ORD FINAL 12- 29- 2010.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A proposed ordinance amending the regulations for bed and breakfast inns by widening the eligibility
for alterations to buildings.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc
Nearly half of all residential respondents, 47.6 %, suggested the effort put forth by the City to regulate
development is "about the right amount."
Issue:
Should the City Commission adopt the proposed ordinance amendment modifying the bed and
breakfast inns regulations to permit non - residential structures within historic districts to be converted to
bed and breakfast inns under specified conditions? If so, should these facilities in residential areas
also permit private parties and commercial events?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed ordinance would permit a wider eligibility for bed and breakfast inns. Bed and Breakfast
Inns are currently limited to structures originally constructed as single - family residences. This
ordinance would permit non - residential structures within historic districts, such as former temples or
churches, to be converted to bed and breakfast inns.
The Planning Board version of this proposal also contains a provision to permit limited accessory uses
such as private parties and catering hall events. However, Planning Department staff had
recommended against this provision.
A revised version has been presented which limits accessory uses to non - entertainment uses and
sets additional restrictions. This version was reviewed and approved by the Flamingo Park
Neighborhood Association.
The Administration continues to have concerns and does not recommend approval. However, if the
Commission chooses to approve the ordinance, the Administration recommends that the City
Commission adopt the revised version of the ordinance, as presented by the proponent to the FPNA,
with one change, to the permitted hours of operation to limit closing time to 10:00 PM. •
Advisory Board Recommendation:
At the August 24, 2010 meeting the Planning Board reviewed the proposed ordinance, and
recommended its approval, including the accessory party use provisions.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
Not Applicable
City Clerk's Office Legislative Tracking:
Richard Lorber
Si ' n - Offs:
` i epartme t Director Assistant City anager City Manager
t:\age da\2010'.ecember8 \regular \bed &breakfst lf'm� .doc ' 11110
M IAMI BEACH
E AGENDA O
DATE
MIAMI BEACH
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 ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 8, 2010
SUBJECT: Ordinance Amendment: SECOND READING PUBLIC HEARING
Bed & Breakfast Inns
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142,
ZONING DISTRICTS AND REGULATIONS, ARTICLE V, SPECIALIZED
USE REGULATIONS, DIVISION 7, BED AND BREAKFAST INNS,
SECTION 142 -1401. CONDITIONS FOR BED AND BREAKFAST INNS,
BY MODIFYING THE CONDITIONS FOR BED AND BREAKFAST INNS
TO WIDEN THE ELIGIBILITY FOR ALTERATIONS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration continues to have concerns and does not recommend approval.
However, if the Commission chooses to approve the ordinance, the Administration
recommends that the City Commission adopt the revised version of the ordinance, as
presented by the proponent to the FPNA, with one change, to the permitted hours of
operation to limit closing time to 10:00 PM.
BACKGROUND
A discussion of possible expansion of the Bed and Breakfast Inn regulations, was
referred to the Land Use and Development Committee by Commissioner Jerry Libbin at
the October 14, 2009 Commission meeting. The item was wrapped together with
consideration of short term rentals of apartment units in zoning districts which did not
currently permit transient occupancy. The short term rental issue was finally decided by
the City in June, and the Bed and Breakfast issue was taken up by the Planning Board in
August (see below).
ANALYSIS
Bed and breakfast inn is defined as a historic structure originally built as a single - family
residence which is owner occupied and operated to provide guest rooms with breakfast
and /or dinner included as part of the room rate. Section 142 -1401 of the Land
Development Regulations of the City Code details the conditions for permitting Bed and
Breakfast Inns. The original rationale for the adoption of these Bed and Breakfast Inn
regulations was to encourage the adaptive reuse of single family structures in newly
City Commission Memorandum
Ordinance Amendment — Bed & Breakfast Inns
December 8, 2010 Page 2
created local historic districts, such as the Flamingo Park neighborhood. Since
demolition of structures would be unlikely to be permitted, Bed and Breakfast Inns were
seen as an alternative which could provide an economically viable use of these
structures. To date, a small number of Bed and Breakfast Inns have been created under
this provision.
The referral of this proposed ordinance stems from a Tong -term discussion with Mr. Dan
Davidson, the owner of "The Temple House ", a former synagogue building that was
converted several years ago to a single - family home, located at 1415 Euclid Avenue.
Mr. Davidson has explored several alternative uses for this building, but the options are
limited because this area is zoned RM -1 Residential Multi - Family Low Intensity, which
only permits single - family homes, apartment buildings and Bed and Breakfast Inns.
The current regulations would not permit the conversion the Temple House single family
home into a Bed and Breakfast Inn, since subsection (3) specifies that the structure shall
have originally been constructed as a single - family residence, and subsection (5) then
refers to the original configuration of bedrooms and other features of the home. Since
Mr. Davidson's existing single family home was created by converting a non - residential
synagogue building, it does not exactly fit these requirements (although the property's
building card shows that a single family home was originally built on the site, that
building was demolished or reconfigured beyond any recognition as a home when the
synagogue was constructed.)
In order to modify the existing regulations to permit this type of structure to be converted
to a bed and breakfast inn, the proposed ordinance adds a second option to the
language of subsection (3) of the ordinance. This would permit conversion if "the
existing structure is not classified by the City as an apartment building as defined in
Section 114 -1 of the City Code." In this way, other non - residential structures within
historic districts could potentially be converted to bed and breakfast inns (an apartment
building is defined a building with or without resident supervision occupied or intended to
be occupied by more than two families living separately with separate cooking facilities
in each unit.)
Subsection (1) of the Bed and Breakfast Inns is also proposed for amendment by
Planning Department staff, in order to bring the language of the ordinance into line with
current nomenclature related to historic districts, contributing and non - contributing
buildings. The old language referred to designated as "historic," but the correct terms
have changed, and the amendment would clarify that.
COMMERCIAL ACCESSORY USES
The ordinance as originally proposed by Mr. Davidson contained new language referring
to accessory uses permitted in Bed and Breakfast Inns, and permitting assembly type
uses in these structures under certain conditions. The Temple House has been used
previously as a "party house," hosting private special events for a variety of corporate
and entertainment purposes. This type of commercial usage is not permitted within
single family homes, nor in any other permitted structure within the RM -1 zoning district.
In order for The Temple House to be able to be used for such activities, the Land
Development Regulations would have to be amended in some fashion.
1
City Commission Memorandum
Ordinance Amendment — Bed & Breakfast Inns
December 8, 2010 Page 3
PLANNING BOARD ACTION
The proposal to amend the Bed and Breakfast Inn regulations to permit limited
commercial assembly uses within them as conditional uses, consisting of private
functions not open to the public, up until 12:00 midnight, was reviewed by the Planning
Board at its August 24, 2010 meeting. Planning Department staff had recommended
that the accessory party use provision be removed, and there was a lengthy discussion
over this aspect of the ordinance, how it would be applied and enforced, and its potential
negative effects upon the surrounding neighborhood. After much discussion, the
Planning Board decided contrary to the staff recommendation, and recommended the
approval of the ordinance, including the provision which would permit the hosting; of
private special events for a variety of corporate and entertainment purposes as a
Conditional Use (vote: 6 -1, Stolar against; see attached Planning Board version).
FLAMINGO PARK NEIGHBORHOOD ASSOCIATION ACTION
At the October 27, 2010 Commission meeting, the matter was presented to the City
Commission, with a Planning Board version of the ordinance, permitting accessory
commercial uses, and an Administration version of the ordinance, which would not
permit such uses other than as per the existing rules for commercial uses, special
events, and film and print permits, if applicable. The Commission heard testimony from
representatives from the Flamingo Park Neighborhood Association (FPNA), and while
approving the Planning Board version on first reading, set second reading public hearing
for the December Commission meeting in order to permit FPNA to clarify their position
on the accessory commercial use component of the proposed ordinance.
On November 15, 2010, the FPNA held a Board meeting, with many members in
attendance, as well as City Planning Department staff. At this meeting, Dan Davidson
presented a revised ordinance concept to the Board (see attached revised version of
ordinance). This version would limit accessory commercial uses to bed and breakfast
inns that have had historic prior assembly uses. Since the Temple House was formerly
a religious institution, an assembly use, this property would fall into this category; very
few other properties would qualify, and staff has only identified one other property of this
nature, which was previously a synagogue, but has already been converted to a
condominium apartment building.
This proposed version of the ordinance would allow these limited properties to have
limited non - entertainment assembly uses. Entertainment is defined by the City Code as
any live show and /or music loud enough to interfere with normal conversation. Mr.
Davidson describes the desired types of uses under this provision as art showings,
corporate seminars, educational lectures and presentations. These would be permitted
only as a conditional use approved by the Planning Board, and would be subject to the
following conditions:
(a) Consisting of private events by invitation only,
(b) Not open to members of the general public,
(c) Ending no later than 11:30 PM,
(d) Invitations must indicate no street parking. Guests must be directed to city
parking lots or licensed private parking lots,
(e) No delivery shall occur before 9:00 AM or after 5:00 PM during weekdays, and
City Commission Memorandum
Ordinance Amendment — Bed & Breakfast Inns
December 8, 2010 Page 4
(f) No delivery shall occur before 10:00 AM or after 3:00 PM during weekends.
Staff expressed concern about difficulty of enforcement of the ordinance by the City, and
the problems other than noise, such as parking, traffic and crowds that remain as
potential negative impacts upon the surrounding neighborhood. Although Administration
and Planning Department staff expressed their strong reservations about the proposal,
the FPNA membership voted to express its support for the proposed amendment as
presented by Mr. Davidson (see attached letter of support).
There are approximately ten (10) structures that were originally constructed as single -
family homes, and could be converted to bed and breakfast inns under the current
zoning regulations. Planning Department staff has conducted a thorough survey of the
Flamingo Park neighborhood, and has only identified three structures which could meet
the definition of having historic prior assembly uses, which is included in the revised
version of the ordinance. The Temple House at 1415 Euclid Avenue, Temple Beth
Yoseph Chaim at 843 Meridian Avenue, which has already been converted to
condominiums, and St. Francis deSales Catholic Church at 600 Lenox Avenue.
Therefore, under this provision, if enacted, it is unlikely for more than one bed and
breakfast inn with accessory commercial uses to be proposed.
CONCLUSION
The Administration remains extremely concerned about the impact this proposed
ordinance would have upon the surrounding neighborhood, and does not recommend
approval. However, when it was discussed with FPNA, the neighborhood organization
most impacted by the proposal, it was supported unanimously. Therefore, if the
Commission chooses to approve the ordinance, the Administration will recommend that
it be the revised version of the ordinance as presented by Mr. Davidson, the proponent,
with one proposed modification to limit closing time to 10:00 PM, as staff continues to
believe that the types of uses proposed are not "late night" types of events.
JMG /Jr/RGL
t:\agenda\2010 \december 8 \regular\bed & breakfast ord memo.docx
i �
1 h1 NCO E &P1c
Mt•OMIOsOOD lf$OCllflOM
FLAMINGO PARK NEIGHBORHOOD ASSOCIATION
945 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA 33139
November 22, 2010
To Whom it May Concern:
At its meeting of November 15, 2010, the Flamingo Park Neighborhood
Association discussed the proposed amendment to the City's Bed and
Breakfast ordinance.
We appreciated the opportunity for input and to discuss the proposal with
the owner of the Temple House, Daniel L. Davidson, as well as with
Assistant City Manager Jorge Gomez and Acting Planning Director Richard
Lorber, all of whom were present at our meeting.
The discussion was thoughtful and comprehensive.
Upon a motion duly made, seconded and passed, the Association
expressed its support for the proposed amendment of the Bed and
Breakfast ordinance, in the manner proposed by the City, but with the
suggested modifications proposed by Daniel Davidson, including the
opportunity for bed and breakfast inns that have had historic prior assembly
use to seek conditional use for non - entertainment assembly uses, as
further described in Mr. Davidson's attached proposal.
Sincerely,
4/ Vega Reedd
Denis A. Russ
For the Flamingo Park Neighborhood Association
Flamingo Park Neighborhood Association
Monday, November 15, 2010
Re: Proposed Amendment to Bed and Breakfast Ordinance
From: Cineo
Date: November 13, 2010 5:10:27 PM EST
To: Denis Russ
Subject: FPNA Meeting
Dear Mr. Russ:
My many thanks for your time earlier. As a follow -up to our conversation,
please find below the language that resulted from a meeting with Mr. Lorber
(Zoning and Planning) and Mr. Gomez (Assistant City Manager). Our collective
objective was to find a way to recognize the "highest and best" use of the
property (which for over 70 years served as an assembly area) as well as be
mindful of the needs and desires of the residents.
The language, while quite restrictive, is something that I can live with. In
short it would allow, subject to approval by both Commission and the Planning
Board, NON- ENTERTAINMENT assembly use of the space for such things as the
showing of art, education lectures, seminars and presentations. Again, what is
important to note here is that even with Commission approval, I will still need
to sit before the Planning Board for their support as well.
The language reads....
(9) Notwithstanding (7) and (8) above, bed and breakfast inns that have
had historic prior assembly use may be permitted to have limited non -
entertainment (entertainment as defined in section 142 -1361) assembly
uses (such as art showing, corporate seminars, educational lectures and
presentations) if approved by the Planning Board as a conditional use
subject to the following limitations:
a) Consisting of private events by invitation only, and
b) Not open to members of the general public, and
c) Ending no later than 11:30 PM, and
d) Invite must indicate no street parking. Guests must be directed to
city parking lots or licensed private parking lots.
e) No delivery shall occur before 9:00 AM or after 5:00 PM during
weekdays, and
f) No delivery shall occur before 10:00 AM or after 3:00 PM during
weekends.
As an aside, the definition of "entertainment" (section 142 -1361 of the
Miami Beach City Code) is as follows: "Entertainment means any live show
or live performance or music amplified or nonamplified. Exceptions: Indoor
movie theater; big screen television and /or background music, amplified or
nonamplified, played at a volume that does not interfere with normal
conversation."
Because the language specifically precludes entertainment, it would mean
no live shows, performances, etc. I've highlighted the additional reason
for including the language, which is to insure that nothing would interfere
with normal conversation.
Again, I believe that this language is fair for all, and provides a use of the
building that will prevent its deterioration by allowing it to be self - sufficient
and offset the extraordinary costs associated with mortgage, taxes, insurance
and maintenance.
I hereby respectfully seek the support of the Flamingo Park Neighborhood
Association.
My many thanks,
Daniel
Daniel Davidson
1415 Euclid Ave.
Miami Beach, FL 33139
P - 786 - 280 -6565
F - 305 - 673 -5175
1
cl,,,,,, MIAMI.BEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will
be held by the Mayor and City Commission of the City of Miami Beach,
Florida, In the Commission Chambers, 3rd floor, City Hall, 1700 Convention -
Center Drive, Miami Beach, Florida, on Wednesday, December 8°,2010,
to consider the following:
10:15 a.m.
Ordinance Amending The Code Of The City Of Miami Beach, By Amending '
Chapter 2, Entitled "Administration," By Amending Article III, Entitled
"Agencies, Boards And Committees," By Amending Division 14, Entitled
"Safety Committee," By Amending Sec. 2= 176(E) To Require That One
Of The Two Direct Appointments Made By The Mayor And Each City
Commissioner Be Citizen Emergency Response Team (CERT) Certified.
Inquiries may be directed to the City Clerk's Office 9305) 673 -7411.
10:20 a.m. •
Ordinance Amending The Land Development Regulations Of The
City Code By Amending .Chapter 118, "Administrative And Review
Procedures," Article 11, "Boards," Division 5, "Board Of Adjustment,"
Section 118 -134, "Notification Of Hearings"; Article IV, "Conditional
Use Procedure," Section 118 -193. "Applications For Conditional Uses ";
Article VI, "Design Review Procedures "; Section 118 -254, "Decision Of
Design Review Board," And Section 118 -257, "Deferrals, Continuances
And Withdrawals," Article X, "Historic Preservation "; Section
118 -563, "Review' Procedure;" And Section 118 -591, "Historic '
Designation Procedure, ";:And ArticleXl: "Neighborhood Conservation,
Districts (NCD)'; Section 118- 705; "Procedures For Adoption Of Specific
NCD Overlay Districts," To Expand The Public Notice Period For All Four
Land Use Boards From 15. Days To 30 Days.
Inquiries may be directed to the Planning Department (305) 673 -7550.
10:40 a.m.
,/\,, Ordinance Amending The Code Of The City Of Miami Beach Code, By
Amending Chapter 142, Zoning Districts And Regulations, Article V,
Specialized Use Regulations, Division 7,$edAnd Breakfast Inns, Section
142 -1401, Conditions For Bed And. Breakfast Inns, By Modifying The
Conditions For Bed And Breakfast Inns To Widen The Eligibility For
Alterations.
Inquiries may be directed to the Planning Department (305) 673 4550.
INTERESTED PARTIES are invited to appear at this meeting or be
represented by an agent or to express their views in writing addressed
to the City Commission c/o the City Clerk, 1700 Convention Center Drive, '
1'' Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
opened and continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, FL Statutes, the City hereby advises the
public that: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting
or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or
to request information on access for persons with disabilities, or to
' request this publication In accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673 -7411, no
later than four days prior to the proceeding. If hearing impaired, contact
the City Clerk's office via the Florida Relay Service numbers, (800) 955-
8771 (TTY) or (800) 955 -8770 (VOICE). AD #637