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HomeMy WebLinkAboutO-11679J-98-541 05/25/98 11679 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,. ENTITLED "ALCOHOLIC BEVERAGES", BY ADDING NEW SECTION 4-13, ENTITLED "CENTRAL BUSINESS DISTRICT DISTANCE REQUIREMENTS", TO PERMIT SALE OF LIQUOR IN RESTAURANTS, CAFES, CAFETERIAS AND DELICATESSENS WITH SEATING FOR 50 OR MORE CUSTOMERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been determined that there is no public policy objective for limiting the ability to serve liquor in restaurants having less than 200 seats with respect to Miami's Central Business District; and WHEREAS, the existing provisions unnecessarily place Downtown Miami dining establishments at a competitive disadvantage with the rest of Miami -Dade County and South Florida; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 11679 Section 2. Chapter 4 of the Code of the City of Miami, Florida, as amended, is hereby amended by adding new Section 4-13 as follows :1' "Chapter 4 ALCOHOLIC BEVERAGES. l� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 116'79 -3- 11679 1 C: Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. -4- 11679 PASSED ON FIRST READING BY TITLE ONLY this 26th day of May . 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of June , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation. :r becomes effective with the elapse of ten (10) d ys from date of Commissicn acti n, regarding same, without the Mayor, ex a ' a v to. ATTEST: Wal r man, City Clerk WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY �/ GEORG9 K. WYSO46, ffI ASSISTANT CITY ATTORNEY W511 -5- 11679 # - PZ-21 SECOND READING PLANNING FACT SHEET APPLICANT City of Miami Department of Planning and Development. HEARING DATE April 22, 1998. REQUEST/LOCATION Amendment to Chapter 4 of the Code of the City of Miami in order to add a new Section 4-13. LEGAL DESCRIPTION N/A PETITION Consideration of amending the Code of the City of Miami, as amended, by amending Chapter 4, entitled "Alcoholic Beverages" in order to add a new Sections 4-13 entitled "Central Business District' to permit sale of liquor in restaurants, cafes, cafeterias and delicatessens with seating for 50 or more customers. PLANNING Approval. RECOMMENDATION BACKGROUND AND Please see attached analysis.. ANALYSIS PLANNING ADVISORY BOARD: Approval VOTE: 5 - 0 CITY COMMISSION: Passed First Reading on May 26, 1998. APPLICATION NUMBER 98-015 Item #2 CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 ..a-t--e::.......5..../11..........8 ................—............................................................................................----.............------------................................----- 11679 .....................E Dat0/9pag IG ANALYSIS FOR AMENDMENT TO CHAPTER 4 OF CITY CODE APPLICATION: No. 98-015 The proposed Amendment to Chapter 4 of the City Code is primarily to enable restaurants with 50 seats or more within the Central Business District (CBD Zoning District) to obtain liquor licenses without specific distance limitations between establishments. This proposal has been requested and endorsed by The Downtown Miami Partnership, Inc. (see attached) as a means of allowing Downtown Miami dining establishments to remain competitive with the remainder of Miami -Dade County. These types of dining establishments will further help Downtown Miami retain a larger percentage of visitors after attendance at functions within its major public attractions and facilities such as the new Arena and Performing Arts Center. The following findings have been made: • It is found that the proposed amendment is in keeping with the intent of the City of Miami's Downtown Masterplan and Comprehensive Plan by enabling Downtown Miami to fulfill it's role as Miami's Central Urban Core by allowing the necessary diversity of dining establishments necessary for such a role. • It is found that the proposed amendment has the necessary conditions and safeguards to ensure that the intent of the ordinance is properly implemented with no adverse impacts to the downtown area. Based on these findings, the Department of Planning and Development is recommending approval of the proposed amendment to Chapter 4 of the City Code. 11679 RESOLUTION PAB - 42-98 A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES" IN ORDER TO AMEND SECTIONS 4-11 AND 4-42 TO MODIFY PROVISION RELATED TO SERVICE OF ALCOHOLIC BEVERAGES WITH MEALS AND EXCEPTIONS TO DISTANCE REQUIREMENTS WITH THE DQWNTOWN CENTRAL BUSINESS DISTRICT AS DEFINED IN ORDINANCE 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. HEARING DATE: April 22, 1998 ITEM NO. 2 VOTE: 5-0 L ATTEST:;' ,67des Slazyk, Assistant D' r Department of Planning and Development 11679 • • M '9' "UL -g A10 :50 JER4 J. FCIF11<1�`tt MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11679 In the ............ XXXXXXX....... Court, ....... was pr/bliVed Irt,sald rgwspaper In the Issues of Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 MI mi In said Dade County, Florida, for a period of one y nex preceding the first publication of the attached co of adve Isement; and affiant further says that she has n ther pal nor promised any person, firm or corporation a disco t, rebate, commission or refund for the purpose of ecuri a this advertisement for Dubllcatlon In the said 6 ! Sw�m�6v and suhperibesl`befork me 8 9 .............. A.D. 19...... (SEAL) 11 N4,�m IRV ® JANETT LLERENA Sookle Williamriawn III. S&ON NUMBER CC566004 O �rF OF FO�� My j� 3,2000Es � CITY OF MIAIIAI, FB.ORIDA - . 'LEGAL NOTICE tl— IlInteresfdd`pdrs66i!'will take,inotice,tliat"on�th"ei,23th-day,of"June 1998, the City -:Commission of Miami, Florida, adopted the following ti- tied ordinances: ORDINANCE NO. j.1666. `AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTI- ; TLED ".PERSONNEUCIVIL SERVICE RULES AND REGULATIONS", TO PROVIDE THAT SUBJECT TO ANY PROVISION IN AN' EXIST- ING =LABOR AGREEMENT, -REAPPOINTED EMPLOYEES SHALL ONLY RECEIVEI,CREDIT FOR SERVICE'RENDERED PRIOR TO RE-EMPLOYMENT FOR THE PURPOSE"OF MEETING THE TIME IN -GRADE REQUIREMENT NECESSARY FOR TAKING A PROMO- TIONAL !,'EXAMINATION; MORE PARTICULARLY BY AMENDING SECTION 40-119(b)..of SAID CODE;-CONTAINING`A' REPEALER.., PROVISION,.A SEVERABILITY CLAUSE AND PROVIDING FOR AN ,,EFFECTIVE DATE. _ ORDINANCE NO.11667 AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III, OF.THE I CODE OF THE CITY OF,--MIAMI, FLORIDA, AS AMENDED, ENTI TLED: "PERSONNEUCIVIL SERVICE RULES AND REGULATIONS", TO REDUCE THE NUMBER OF PERSONS TO BE CERTIFIED AS ..CANDIDATES FOR POLICE OFFICER ON OPEN COMPETITIVE 'REGISTERS; MORE PARTICULARLY BY AMENDING SUBSECTION 46'88(a)(u1) AND REPEALING SUBSECTION 40-88(a)(2); CONTAIN- ING"'A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. . ORDINANCE NO. 11668' AN; ORDINANCE, WITH ATTACHMENT;- AMENDING THE ZONING ORDINANCE AND PAGE NO. 37,OF•THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA' BY CHANGING THE, ZONING'CLASSI-. FICATION FROM O OFFICE TO SD-5 BRICKELL AVENUE 'AREA RESIDENTIAL -OFFICE. DISTRICT FOR --THE. PROPERTY LOCATED AT APPROXIMATELY 194-218 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MORE PARTICULARLY. LEGALLY DESCRIBED HEREIN; ' MAKING'; FINDINGS; CONTAINING A -REPEALER: PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING.FOR AN;,EFFECT.IVE DATE. I., ORDINANCE NO. 11'669 AN`ORDINANCE AMENDING THE FUTURE LAND USE MAP OF.`, THE- COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING ` THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3615 NW 23RD COURT, FROM. MEDIUM DEN- SITY RESIDENTIAL TO.GENERAL, COMMERCIAL; MAKING FIND- INGS; . DIRECTING TRANSMITTALS- TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION- AND A SEVERABILITY CLAUSE; AND PROVIDING -FOR AN EFFECTIVE DATE. ORDINANCE NO. 11670 AN ORDINANCE; WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING -*ATLAS OF'THE CITY OFMIAMI; fL'ORIDA, BY CHANGING -THE ZONING CLASSIFICATION FROM R-3 MULTIFAM- ILY MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL COMMER CIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY. 3615 NORTHWEST 23 COURT MIAMI, FLORIDA;-MAKING FINDINGS; CONTAINING A REPEALER_ PROVISION AND A SEVERABILITY', '.'CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. j ORDINANCE NO. 11671 J, , AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF., THE COMPREHENSIVE NEIGHBORHOOD PLAN BY-CHANGING-1 -THE- LAND, USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3188`SOUTHWEST 18TH STREET AND 8801 SOUTHWEST'32ND AVENUE, MIAMI,- FLORIDA FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FIND- INGS; DIRECTING ,TRANSMITTALS TO AFFECTED AGENCIES;. CONTAINING A -REPEALER PROVISION AND A SEVERABILITY :CLAUSE; AND PROVIDING FOR AN`EFFECTIVE DATE: 4ORDINANCE N0.11672` AN ORDINANCE 'AMENDING PAGE N6-40 OF•THE ZONING AT-' LAS, OF THE:CITY'•OF MIAMI, FLORIDA, -BY "CHANGING THE ZONING CLASSIFICATION -FROM R-2 TWO-FAMILY.RESIDENTIAL TO C-1 "RESTRICTED' COMMERCIAL FOR THE PROPERTIES LO CATEDj AT APPROXIMATELY 3188 SOUTHWEST 18TH STREET AND 1801 SOUTHWEST 32ND AVENUE MIAMI,' FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER 'PROVISION AND A' SEV- ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. OADINANdE.N6..11673 ANWANCE. WITH ATTACHMENT. AMENDING THE F0_ E LAND USE MAP OF THE COMPREHENSIVE -NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 900 SOUTHWEST 1ST STREET (MANUEL -ARTIME AUDITORIUM) FROM MAJOR IN- STITUTIONAL, PUBLIC FACILITIES, -TRANSPORTATION AND UTILITIES, TO RESTRICTED COMMERCIAL; *MAKING FINDINGS;_': DIRECTING TRANSMITTALS TO AFFECTED' AGENCIES; CON- TAINING A REPEALER. PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE;, ORDINANCE NO. 11674 AN ORDINANCE, WITH ATTACHMENT; AMENDING PAGE -NO. 35.' OF -THE ZONING ATLAS OF -THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING- CLASSIFICATION FROM G/I GOVERN- MENT AND INSTITUTIONAL' TO C 17 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED APPROXIMATELY 900 SOUTH-' WEST 1ST STREET, MIAMI, FLORIDA (MANUEL ARTIME AUDI- TORIUM); MAKING FINDINGS; CONTAINING A.REPEALER PRO-.( VISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11675 AN ORDINANCE AMENDING PAGE !NO. 20 OF THE ZONING AT- LAS OF THE CITY -OF MIAMI, FLORIDA, BY CHANGING THE. 'ZONING CLASSIFICATION FROM G/l GOVERNMENT AND INSTI- TUTIONAL TO R-3 MEDIUM DENSITY MULTI -FAMILY RESIDEW TiAL FOR THE PROPERTY LOCATED. AT APPROXIMATELY 2301 NORTHWEST 1 OTH• AVENUE,. MIAMI, FLORIDA;; MAKING FIND- INGS: CONTAINING A -REPEALER PROVISION AND A SEVERABIL- 'ITY CLAUSE; AND PROVIDING FOR AN -EFFECTIVE DATE., ORDINANCE NO. 11676 AN ORDINANCE -AMENDING ORDINANCE No. 11000, AS AMENDED, THEZONING ORDINANCE -OF THE CITY OF MIAMI; BY AMENDING ARTICLE 4-, SECTION 401 SCHEDULE .OF DISTRICT REGULATIONS,. IN ORDER TO. ALLOW CERTAIN PROCESSING.. --AND' WHOLESALING USES (INCLUDING CUSTOMAIW­-ACCES- SOFiY USES) .OF SEAFOOD -PRODUCTS BY'CLASS Af'SPECiAL PERMIT. -WITHIN C-1,-RESTRICTED COMMERCIAL- ZONING DIS- -TRICTS-,qONTAINING,A REPEALER PROVISION AND"A SEVER - ABILITY CLAUSE; AND PROVIDING FOR AN -EFFECTIVE -DATE. ' .:A ORDINANCE NO. 11677 AN :ORDINANCE; AMENDING ORPINANCE-, -NO., -.1,1Q00_-;,AS i AMENDED, THE ZONING ORDINANCE OF THE CITY OF. MIAMI, BY AMENDING ARTICLE 9' SECTIONI 926- TO ALLOW A -CLASS 11 SPECIAL PERMIT, WITH CITY COMMISSION APPROVAL," FOR SIGNS WHICH HAVE'ARTISTIC OR ;GRAPHIC'VALUE -,PROVIDING FOR' THE LOCATION, REGULATION AND CONDITION , FOR THE .-APPROVAL OF SUCH SIGNS;, CONTAINING A REPEALER OROVII SION AND SEVERABILITY-CLAUSEf:'ANb PROVIDING,FOR AN EF- i. ORDINANCE NO. 1111678-._ AN- ORDINANCE AMENDING -CHAPTER 35, ENTITLED 'MOTOR VEHICLESAND TRAFFIC' OF THECODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLEVIll ENTITLED.' "VALET PARK- ING' PROVIDING FOR THE ESTABLISHMENT OF VALET PARKING IN THE SD-5, SD-6 AND SD-7 ZONING DISTRICTS, AS DEFINED IN ORDINANCE NO. 11006, AS AMENDED, THE ZONING ORDINANCE OF' CITY OF 'MIAMI, FLORIDA; CONTAINING -A REPEALER PROVISION AND A SEVERABILITY, CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. - . . I I I ORDINANCE NO AN ORDINANCE AMENDING CHA,�P OF THE CODE OF THE: CITY bFuAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC_ BEVERAGES", BEVERAGES", BY ADDING NEW SECTION 4-13, ENTITLED' _."CENTRAL BUSINESS DISTRICT DISTANCE REQUIREMENTS", TO PERMIT SALE OF LIQUOR IN RESTAURANTS,'CAFES, CAFETE-, RIA AND DELICATESSENS WITH' SEATING FOR 5'0 OR . MORE CUSTOMERS; CONTAINING A' REPEALER PROVISION AND A SEVERABILITY CLAUSE'; AND PROVIDING FORS AN -EFFECTIVE DATE: Said ordinances may be inspected by the public at the Office of the. City Clerk, 3500 Pan American Drive,'Miarni, Florida, Monc1a'y.throug'h' 1, Friday; excluding holidays, between the hours of 8 a.m. and 5 p.m'.-- WALTER J. FOEMAN CITY CLERK (#4814) 7/6- 2 98-4-070621 > r— __q C_ r7l -M C-1 > C0 0 > > t-n - 7- (::)