Ord No 04-19-2317ORDINANCE NO.04-19-2317
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 15 Article III, Section 15-97 relating to noise exemption for
Special events.
WHEREAS, the City of South Miami has numerous special events that benefit
the City, its residents and its business community; and
WHEREAS, the City desires to amend Chapter 15, Article III, Section 15-97 of
the City's Code of Ordinances to allow more flexibility in the time currently allowed for
sound emanating from special events.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 15 Article III, Section 15-97 of the Code of Ordinances, City
of South Miami, Florida, is hereby amended and shall read as follows:
Sec. 15-97. - Exceptions as specifically provided for.
weverIln the case of a special event, exhibition, exposition and/or
festival, not exceeding five (5) days, when specifically permitted by a majority
vote of the Ceity Ceommission by resolution, the Ceity Mmanager may issue a
sound permit for a time period in excess of the limitations set forth in this
Article, , Apo^�^' otfo„+s, but not
to exceed midnight on Friday, Saturday and holidays and not to exceed 9:30 pm
on Sunday through Thursday -
Section 2. Codification. The provisions of this ordinance shall become and be
made a part of the Code of Ordinances of the City of South Miami as amended.
Section 3. Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby
repealed.
Section 5. Effective Date. This ordinance shall become effective upon
enactment.
Page 1 of 2
Ordinance No. 04-19-2317
PASSED AND ENACTED this 26`h day of February, 2019.
ATTEST: APPROVED:
a.P l
CITY C ERK MAYOR
V Reading: 02/05/19
2"d Reading: 02/26/19
READ AND AP OVED AS TO FORM, COMMISSION VOTE: 5-0
LANGUAG , LEGALITY N Mayor Stoddard: Yea
EXEC N THERE Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 2 of 2
Agenda Item No:6.
City Commission Agenda item Report
Meeting Date: February 26, 2019
Submitted by: Thomas Pepe
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 15 Article III, Section 15-97
relating to noise exemption for Special events. 3/5 (City Manager)
Suggested Action:
Attachments:
Memo -Ord. Amending Sec. 15-97 Special Events.doc
Amendment - Ord Amending 15-97 Noise at Sp. Eve nt.psCArevdocx.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: February 5, 2019
SUBJECT: An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 15 Article III, Section 15-97 relating to noise exemption for
Special events.
BACKGROUND: The City of South Miami has numerous special events that benefit the
City, its residents and its business community. Some of the most recent
special events that have occurred within the downtown business district
include Bougainvillea's St. Patrick's Day Block Party (March 2018), Taco
Craft's Cinco De Mayo Block Party (May 2018) and ROK:BRGR's Fall
Festival (November 2018).
Staff believes the current Code of Ordinance concerning special events
and sound permits could be improved in order to promote vibrancy
throughout the downtown business district. Chapter 15 Article III,
Section 15-97 reads as follow:
Provided, however, in the case of a special event, exhibition,
exposition and/or festival, not exceeding five (5) days, when
specifically permitted by a majority vote of the city commission by
resolution, the city manager may issue a sound permit for a time
period not to extend longer than from 10:00 a.m. to sunset, for special
events.
With a desire to move the City toward a more business -friendly
environment and accommodate future requests for modern special
events within the downtown business district, the City desires to amend
Chapter 15, Article III, Section 15-97 of the City's Code of Ordinances to
allow more flexibility in the time currently allowed for sound emanating
from special events.
ATTACHMENTS: Ordinance for approval
2
MIAM1 DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADS:
Wore the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she Is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daffy
Business Review Vida Miami Review, a daly (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Miami -Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - FEB.
26, 2019
In the XXXX Court,
was published in said newspaper in the issues of
02115/2019
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami. In said Miami -Dad
e County, Florida and that the said newspaper has
heretofore been continuously published In said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office In Miami in said Miami -Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publication In the said newspaper.
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15 deft? FEBRYARY, AD. 2019 e
GUILLERMO GARCIA personally known to me
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An Ordinance amending the City of South Miami Official -Zoning -Map; to advance Goals of the Comprehensive
Plan.Futum Land Use Element and the purpose of the.Tranefl-OAnted Development_ District Including the
following rezoningw (1) certain parcels from Tmnsh-0dentedDevelopment District Mixed Use (TODD' MU-4) to
Transit-0dented Development. D]Wct Mhced Use 5 (TODO MU-* and 0 certain parcels from Transit-0dented
Davelopment Dlsefot Ught Industrial (fODD 114), toTransh-Orlarrted Development District Mixed Use 6 (TODD MU-6).
Ordinance Applies to Shaded Properties:
-g1X1
An ordinance amending the City or South Miami Code. of Ordhcaices; Chapter 17, adding Article Sections 17-.
51 through 17-53 to provide for the regulation of shared mobility devices.
An Wmanse amanding Cbagter 13A, Secdom 13A-2 and adding Secdori 13A-23 concerning the. regulation of single -
use carryout bogs.. piss6c strews and aingla-use polystyrene coni hers, and providing for legielefive intent, defipdfons,
and establishing prohibhfon of and penalties for the use of -these hems.
An Ordinance mc@nding tfiaiAty'of South Miami Code of Ordinancas,, Chapter 15 We III,Section 15-97 misting to
noise exemption for Special events. .
All Interested parties are Invitedto attend and will be heard.
For fydhetrlmormatimr„ pleas contact the City Clerk's Office at 305-663-6340.
- - NkengeA Payne, CIVIC
Pursuant to Florida Sumdes 288.0105, the City hereby advises the publi&thai-ffa person deddea tb appeal any
decision made by this Board. Agency or Commission with respect to any matter considered at Its meeting or
hearing, he. or she will need a record of the proseedings, and, that for such purpose, affected person -may need 10
.ensure that a verbatim record of the proceedings Is made. which record Includes the testimony and evidence upon
which thaappeal ls�to be based. .
WIK - 19-121V0 00380548M
Z�Z
7
SOHaerr sm"lr law NEIGHBORS 1 295E
MI,m1HERRLMOM!
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE, IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, February 26, 2019 beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance providing for a Small -Scale Map Amendment to the City of
South Miami Comprehensive Plan Future Land Use Map (PLUM); expanding
the boundary of the Transit Oriented Development District (TODD) future land
use district by re -designating certain parcels, from Mixed -Use Commercial/
Residential to Transit Oriented Development District.
An Ordinance amending the City of South Miami Official Zoning Map to
advance Goals of the Comprehensive Plan Future Land Use Element and the
purpose of the Transit -Oriented Development District by rezoning certain
parcels from Medium -Intensity Office (MO) to Transit -Oriented Development
District Mixed Use 5 (TODD MU-5).
Above Ordinances Apply to Properties Indicated by "MO"
I - _--A nwhEr IV
TODD MUi e _
o -
1 I a
MD a i PI
TODD MU-0
_ 1
TODD MU-6 ! —mm
An Ordinance modifying the following sections of the Land Development Code:
Section 20-7.1 Zoning use districts and purposes (A) and (B); Section 20-3.3
Permitted Use Schedule; Section 20-3.4 Special Use Conditions; and Article
VIII, Transit -Oriented Development District. Sections 20.8.1 through 20-8.17,
Ordinance Applies to all Properties with "TODD" Designation,
including current and future designations:
An Ordinance amending the City of South Miami Official Zoning Map to
advance Goals of the Comprehensive Plan Future Land Use Element and
the purpose of the Transit -Oriented Development District including the
following rezonings: (1) certain parcels from Transit -Oriented Development
District Mixed Use 4 (TODD MU4) to Transit -Oriented Development
District Mixed Use 5 (TODD MU-5); and (2) certain parcels from
Transit -Oriented Development District Light Industrial 4 (TODD LI-4),
to Transit -Oriented Development District Mixed Use 6 (TODD MU-6).
Ordinance Applies to Shaded Properties:
Clly of 9au1F MUmI ,®,
.
r
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
17, adding Article V Sections 17-51 through 17-53 to provide for the regulation
of shared mobility devices.
An Ordinance amending Chapter 13A, Section 13A-2 and adding Section 13A-23
concerning the regulation of single -use carryout bags, plastic straws and single -
use polystyrene containers, and providing for legislative intent, definitions,
and establishing prohibition of and penalties for the use of these items.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
15 Article III, Section 15-97 relating to noise exemption for Special events.
All interested parties arc invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340
Nkenga A. Payne. CIVIC
City Clark
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission
with respect to any matter considered at its meeting or hearing, he or she will need
a record of the proceedings, and that for such purpose, affected person may need
to 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.