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HomeMy WebLinkAboutAgenda Item Summary Form,VV op =s�G,� AGENDA ITEM SUMMARY FORM File ID: #10925 Date: 10/14/2021 Requesting Department: City Commission Commission Meeting Date: 10/14/2021 Sponsored By: District Impacted: All Type: Resolution Subject: Noise Waiver - III Points Music Festival 2217 NW 5 Avenue Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: Reviewed By City Commission Maricarmen Lopez Meeting Completed 10/14/2021 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/14/2021 7:18 PM Office of the City Attorney Rachel Dooley ACA Review Completed 10/15/2021 9:39 AM Office of Management and Budget Leon P Michel Budget Review Completed 10/16/2021 9:54 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 10/18/2021 10:52 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 10/19/2021 11:06 AM Office of the City Clerk City Clerk's Office Rendered Completed 10/19/2021 6:01 PM GSY v City of Miami City Hall LeLegislation 3500 Pan American Drive g Miami, FL 33133 R Resolution www.miamigov.com Enactment Number: R-21-0432 File Number: 10925 Final Action Date:10/14/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER PURSUANT TO SECTIONS 36-5(A) AND (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," FOR THE III POINTS MUSIC FESTIVAL TO BE HELD AT MANA WYNWOOD, 2217 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, FROM OCTOBER 22 THROUGH OCTOBER 23, 2021. WHEREAS, Section 36-5(a) of the Code of the City of Miami, Florida, as amended ("City Code"), prohibits the operating of any musical devices on or about the premises between the hours of 11:00 pm to 7:00 am the following day unless operated inside a closed building and the sound is not audible from outside so as to disturb the quiet, comfort, and repose of persons in any dwelling, hotel, or other type of residence; and WHEREAS, Section 36-5(c) of the City Code allows the City Commission to relax the time restriction contained in Section 36-5(a) of the City Code or declare the time restriction inapplicable as a special occasion by resolution; and WHEREAS, Section 36-4(a) of the City Code prohibits excessive noise or music audible at a distance of one hundred feet (100') from a building, structure, or vehicle from where it is produced; and WHEREAS, there is no provision to waive compliance with Section 36-4(a) of the City Code by City Commission which does not allow any noise that is plainly audible 100 feet from a property; and WHEREAS, Section 36-4(b) of the City Code provides that "It shall be unlawful for any person owning, occupying, or having charge of any business, including but not limited to an entertainment establishment, alcohol service establishment, food service establishment, etc., or any part thereof, that shares a property line with any property that has a residential use as defined by Article 1 of the Miami 21 Code to cause or suffer to cause the playing or operating of any such noise or such similar music of the following, which is not an exhaustive list: music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound -making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians on or about the premises in any of its outdoor spaces between the hours of 10:00 p.m. and 8:00 a.m. the following day. The playing or operating of any noise or such similar music, including but not limited to music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound -making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians between the hours of 10:00 p.m. and 8:00 a.m. in such manner shall be prima facie evidence of a violation of this section;" and WHEREAS, Section 36-4(d) of the City Code provides an exemption for establishments "operating a sound making device shall be exempted from subsection (b) if said establishment had an approval prior to the adoption of this section; is operating completely within a structure; is located within the Downtown Development Authority, Omni Redevelopment Area, Coconut Grove Business Improvement District, or the Wynwood Neighborhood Revitalization District; abuts an area zoned T-6 or above; has a sound making device located on the primary frontage; is located and operating on the outside of a structure on or above the fifth floor of a structure; or is located on a property zoned D 1, D2, or T-6-24 or above"; and WHEREAS, the requirements of Sections 36-4(e) and 36-5(d) of the City Code encompass the NRD-1 Noise Pilot Program and are applicable to the subject property; and WHEREAS, III Points Music Festival ("III Points") is a festival that attracts award -winning musical artists and state of the art visual experiences for attendees; and WHEREAS, III Points will have 60% of the music line-up filled by local artists with a total of six (6) stages for performances as well as an inclusion of local culinary providers; and WHEREAS, III Points will be held from October 22 through October 23, 2021 at 2217 Northwest 5 Avenue, Miami, Florida, also known as Mana Wynwood; and WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The noise prohibition contained in Section 36-5(a) of the City Code is waived pursuant to Section 36-5(c) of the City Code, titled "Same — Hours of Operation of Jukeboxes, Radios, etc.; Exemption for Events on City -Owned Property; Relaxation", for the I II Points at Mana Wynwood, 2217 Northwest 5 Avenue, Miami, Florida to be held from October 22 through October 23, 2021. Section 3. All other requirements of Chapter 36 of the City Code shall be complied with by the event sponsor and property owner. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 "na dez, City Nttvr iey 10/1912021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.