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Ordinance 95-3009 ORDINANCE NO. 95-3009 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA 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 DESCRIBED HEREIN; ESTABLISHING LIMITATIONS ON PERMISSIBLE VOLUME FOR NOISES ORIGINATING WITHIN THE CABARET DISTRICT; PROVIDING THAT NO VARIANCES SHALL BE GRANTED FROM THE PERMISSIBLE VOLUME LIMITATIONS; PROVIDING THAT ALL OTHERWISE APPLICABLE ZONING REGULATIONS SHALL CONTINUE TO APPLY WITHIN THE DISTRICT; PROVIDING THAT THE ZONING DISTRICT MAP SHALL BE AMENDED TO INCLUDE THE CABARET OVERLAY DISTRICT; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, unreasonably loud, uninvited noise disturbs residents and visitors in the City of Miami Beach in apartments, hotel rooms and business establishments; and WHEREAS, the City Commission has determined that, in most areas of the City uninvited noise is unreasonably loud if it is plainly audible inside of a residential property or commercial establishment across a property line; and WHEREAS, the area located between 900 and 1090 Ocean Drive is presently characterized by entertainment uses which have created an ambiance and accompanying ambient street and sidewalk noise levels which would make it appropriate to have a different and less strict limitation on permissible noise volume for noise originating in this area of the City; and WHEREAS, the regulations set forth herein will protect persons located in or near 900 through 1090 Ocean Drive from unreasonably loud noise, while at the same time allowing residents and visitors to continue to enjoy the entertainment uses located within this area at a noise volume higher than that existing in the remainder of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . ADDITION OF ZONING ORDINANCE - SECTION 12C That City of Miami Beach Zoning Ordinance No. 89-2665 is hereby amended by addition of Section 12C to read as follows : SECTION 12C CABARET OVERLAY DISTRICT 12C-1. PURPOSE. The purpose of the Cabaret Overlay District is to allow for an area of the City where the ambience contributes to the enjoyment by residents and visitors of uses which feature the serving of food and beverages accompanied by outdoor live and pre-recorded musical entertainment . 12C-2 . DISTRICT BOUNDARIES. The Cabaret Overlay District shall be located between 900 and 1090 Ocean Drive on Miami Beach. The legal' description for this 2 District is as follows : LOTS 1 THROUGH 8 , INCLUSIVE; BLOCK 14 ; AND, LOTS 1 THROUGH 8 , INCLUSIVE; BLOCK 15 , OCEAN BEACH ADDITION NO. 2 , AS RECORDED IN PLAT BOOK 2 , PAGE 56 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 12C-3 LIMITATION ON NOISE VOLUME A. For purposes of enforcement of the City' s Noise Ordinance, Chapter 24 of the Miami Beach City Code, the following definition of "unreasonably loud" shall apply for all noises originating within the Cabaret Overlay District as described in Subsection 12C-2 of this Section: 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 3 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. B . 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 . 12C-4 . APPLICABILITY OF OTHER PROVISIONS OF ZONING ORDINANCE 89- 2665 . The regulations set forth in this Section shall be supplementary to all other provisions and regulations of Zoning Ordinance No. 89-2665 shall continue to apply within the Cabaret Overlay District . 12C-5 . NO VARIANCES GRANTED No variances shall be granted from the permissible volume limitations set forth in Subsection 12C-3 . 4 SECTION 2 . AMENDMENT OF ZONING DISTRICT MAP. The Zoning District Map of Zoning Ordinance No. 89-2665 shall be amended to include the Cabaret Overlay District as described in Subsection 12C-2 herein. SECTION 3 . REPEALER. 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 on the 23rd day of September , 1995 . PASSED and ADOPTED this 13th •:y of September , 1995 . 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' \ c ! 1 CITY OF MIAMI BEAflH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. F:11 TO: Mayor Seymour Gelber and Members of the City Commission DATE: SEPTEMBER 13 , 1995 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: PUBLIC ' ARING - 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 adopt this amendment which creates Section 12C, entitled, "Cabaret Overlay District Regulations" within Zoning Ordinance No. 89-2665 . Adoption of this Ordinance requires only one reading. 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 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 PAGE 1 OF 4 AGENDA ITEM VM DATE CI — l 3- 95 to establish overlay areas where the determination for loud noise could be more relaxed, if determined to be reasonable . Those properties between 9th Street and 11th Street facing Ocean Drive were targeted for this overlay area since it was perceived there is an existing concentration of outdoor entertainment establishments with live and/or recorded amplified music played at a higher volume than elsewhere on Ocean Drive and throughout the City. The City Attorney' s Office drafted the attached ordinance (Exhibit 'B' ) to address this issue . The Planning Board unanimously recommended approval (6-0 , one recusal) to approve the amendment and district boundaries as originally proposed at their July 25, 1995 regular meeting. The Code Compliance Division also gave a verbal report regarding their findings which concurred with the original district boundaries as proposed by the Commission. Representatives from the Code Compliance Division are available to answer questions that the Commission may have regarding the boundaries, noise levels and enforcement of the proposal . The public hearing for the Cabaret Overlay District Regulations is being heard today in order to achieve appropriate action within the 180 day time period that was previously established by the Commission. 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 on Miami Beach. The legal description for the District is provided. See Exhibit "C" , Site Plan for proposed district . Note that only those properties fronting on Ocean Drive between 9th and 11th Streets are proposed to be included within this new overlay district . PAGE 2 OF 4 Subsection 12C-3 LIMITATION ON NOISE VOLUME For purposes of enforcement of the City' s Noise Ordinance, (See attached Exhibit 'A' , 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 . Subsection 12C-4 . APPLICABILITY OF OTHER PROVISIONS OF ZONING ORDINANCE 89-2665 . This subsection stipulates that the regulations in the 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 . PAGE 3 OF 4 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 . On the weekend of July 22nd, 1995, the Code Compliance Division also performed a site inspection of properties that front on Ocean Drive and Collins Avenue between 5th and 15th Streets and basically confirmed the Planning, Design and Historic Preservation Division' s observations as detailed above . CONCLUSION Based on the foregoing, the Administration recommends that the City Commission adopt this amendment creating Section 12C, entitled, "Cabaret Overlay District Regulations" within Zoning Ordinance No. 89-2665 . 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