C4B-Ref- Planning Board - Modify Requirements For Indoor Pianos-String InstrumenMIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ION MEMORANDUM
REFERRAL TO THE PLANNING
PROPOSED AMENDMENT TO CHAPTER 142 OF THE GITY CODE
MODIFYING THE REQUIREMENTS FOR INDOOR PIANOS AND STRING
INSTRUMENTS WITHIN INDOOR RESTAURANTS IN THE C.PS2 DISTRICT
ADMINISTRATION RECOMMENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND / ANALYSIS
On February 11, 2015, the City Commission (ltem C4K), at the request of Comm. Michael Grieco,
referred a discussion item to the Land Use and Development Committee (LUDC) proposed
amendments to the City Code pertaining to allowable musical instruments within enclosed
restaurants in the C-PS2 district.
On February 18,2015, the Land Use and Development Committee (LUDC) discussed the item and
proposed the following amendment to Section 1a2-693(c) of the City Code pertaining to permitted
uses in CPS districts:
Additionally, for restaurants located in the C-PS2 district, on the south side of Fifth Street
between Michigan Avenue and Alton Road, non-amplified piano or string instruments,
played at a volume that does not interfere with normal conversation, may be permitted as a
conditional use within the interior of the premises, in accordance with the requirements of
Chapter 118, Article lV, and only during periods in which full meals are being serued, and
no later than 2:00 am.
Attached is a draft Ordinance reflecting this modification.
CONCLUSION
ln accordance with the February 18, 2015 recommendation of the Land Use and Development
CommijtqeT the Administration recommends that the Mayor and the City Commission refer the
attafte$ffrdinance Amendment to the Planning Board.
JLN,TA'MJrrRM
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Agenda ltem C9 B -out"ffi
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Mem the City
Jimmy L. Morales, City Manager
March 11,2015
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GPS.2 ENTERTAINMENT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRIGTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION
18, "PS PERFORMANCE STANDARD DISTRICT" TO MODIFY PERMITTED
USES WITHIN THE CPS.2 DISTRICT TO INCLUDE NON-AMPLIFIED PIANO
AND STRING INSTRUMENTS WITHIN RESTAURANT INTERIORS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 142 is proposed to be amended to allow the limited use of non-
amplified string instruments within the interior of restaurants in the CPS-2 district; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
***
Sec. 142-693. Permitted uses.
(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. Additionallv. for
restaurants located in the C-PS2 district. on the south side of Fifth Street between Michioan
Avenue and Alton Road. non-amplified piano or strino instruments. olaved at a volume that does
not interfere with normal conversation. mav be permitted as a conditional use within the interior
of the premises. in accordance with the requirements of Chapter 1 18. Article lV. and onlv durino
periods in which full meals are beino served. and no later than 2:00 am.
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
197
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 241h, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND I-ANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading
April 15,2015
: May 6, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rikethreush denotes removed language
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