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Ordinance: 13050
File Number: 08-01329zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/29/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I,
ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2,
ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO
DISTANCE REQUIREMENTS," TO CREATE THE OSUN'S VILLAGE CULTURAL
SPECIALTY DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE
PARKING STANDARDS FOR FIFTEEN (15) ESTABLISHMENTS SERVING
ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 4, Article I, Section 4-11 of the Code of the City of Miami, Florida, as
amended ("City Code") allows for certain distance exemptions from distance separation requirements
; and
WHEREAS, the City of Miami has previously approved exemptions from certain distance
separation requirements to promote cultural resources by creating specialty districts, which has
helped foster economic growth in those districts; and
WHEREAS, the Osun's Village Cultural Specialty District within the African Caribbean Cultural
Arts Corridor, as designated by Florida Laws Chapter 2006-316, House Bill No. 121, includes art
institutions, museums, galleries, collections, studios, and alternative art spaces and warrants the
inclusion of distance exemptions for fifteen (15) establishments serving alcoholic beverages ; and
WHEREAS, the exemptions from certain distance requirements for fifteen (15) establishments
serving alcoholic beverages in the Osun's Village Cultural Specialty District will enhance and promote
the area; and
WHEREAS, it is in the best interest of the City of Miami to create the Osun's Village Cultural
Specialty District, just as the City of Miami benefited from the creation of other specialty districts;
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.
Section 2. Chapter 4, Article I of the City Code is amended in the following particulars: {1}
"CHAPTER 4
ALCOHOLIC BEVERAGES
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ARTICLE I. IN GENERAL
Sec. 4-2. Definitions.
Enactment Number: 13050
(a) For the purposes of this section, the following words and phrases shall have the meanings
respectively ascribed to them; the type of license required by the state is indicated in parenthesis:
Cultural specialty districts: (a) The SW 8th Street corridor from SW 10th to SW 27th Avenues; of d
(b) the Wynwood Cafe District area as defined in subsection 4-11(k); and (c) the Osun's Village
Cultural Specialty District on NW 7th Avenue from NW 53rd Street to NW 63rd Street as defined in
subsection 4-11 (1), (hereafter known as the "District") in which distance requirements shall not be
required for nightclub, supper club, restaurant or bar uses, with limitations, per the requirements and
criteria set forth in subsection 4-11(1).
Sec. 4-11. Exceptions to distance requirements.
(1) Restrictions relating to the location of alcoholic beverage establishments, including but not
limited to, required distances from churches, residential districts and other alcoholic beverage
establishments, whether within or outside the District, shall not be applicable to establishments
within the District, as defined below and as designated by the City Commission. However,
notwithstanding the foregoing sections, distance limitations for public or private elementary
school, middle school, or secondary school, excluding however, adult skill centers, shall be
500 feet.
(1) Intent. The intent of the District is to allow 15 establishments which may include
nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from close
proximity to one another within the District. To this end, distance requirements within
said district shall be eliminated or modified, as described above, for a maximum of 15
such establishments within the boundaries specified below.
Boundaries. The District is described as shown in the area deaicted (Exhibit "A" to
be included in the bodv) and as described in Exhibit "B".
(3) Hours of operation. The hours of operation for the sale of alcoholic beverages shall
be restricted for each establishment to no later than 3:00 a.m. Supper clubs,
nightclubs, and bars will not be open during regular school hours.
(4) Special permit required. In order to be granted a permit for such establishments
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File Number: 08-01329zt
Enactment Number: 13050
within this designated cultural specialty district, the property owner/applicant shall
obtain a Class II Special Permit as specified in Zoning Ordinance No. 11000, as
amended, the zoning ordinance of the city. In reviewing an application for
establishments serving alcoholic beverages the director of the Planning Department
shall apply the following supplemental review guidelines criteria in addition to the
standard criteria for Class II Special Permits as specified in Section 1305 of Zoning
Ordinance No. 11000:
In reviewing an application for the District permit for a supper club, nightclub,
restaurant, coffee shop, or bar, the following additional criteria shall apply:
a. Use requirements and restrictions: To qualify to operate a supper club,
nightclub, restaurant or bar, the establishment must have a minimum of 40
seats. To qualify for a coffee shop, the establishment must have a minimum of
20 seats.
ional plan: An operational/business clan that addresses hours of
operation, number of employees, menu items, goals of business, and other
operational characteristics pertinent to the application.
c. Parking: Irrespective of parking requirements specified in Ordinance 11000,
as amended, the zoning ordinance of the City of Miami, adaptive re -use of
existing buildings for this function shall not require any additional parking;
however, new buildings shall be required to provide a parking plan which fully
describes where and how the parking is to be provided and used, e.g., valet,
self park, shared parking, after -hour metered spaces, and the manner in which
the parking is to be managed. By a separate Class II Special Permit (in addition
to the Class II Special Permit required for the subject establishment), 100
percent of the required parking may be located offsite within a distance of 600
feet from the subject establishment if the proposed parking is to be "self -park,"
and a distance of 1000 feet from the subject establishment if the proposed
parking is to be by "valet". For alcoholic and beverage establishments, as
adaptive re -use of an existing structure, any square footage used for kitchen
and/or storage areas will not be counted towards parking requirements.
d. For establishments proposing capacities of more than 300 persons, an
indoor/outdoor crowd control plan that addresses how large groups of people
waiting to gain entry into the establishment or already on the premises, will be
controlled.
e. A security plan for the establishment and any parking facility.
f. For establishments proposing capacities of more than 300 persons, a traffic
circulation analysis and plan that details the impact of projected traffic on the
immediate neiahborhood and how to mitiaate the imaact.
A sanitation plan. which addresses on-site facilities and off-aremises issues
resulting from the operation of the establishment.
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File Number: 08-01329zt
Enactment Number: 13050
h. A plan depicting proximity of the proposed establishment to residential uses.
i. If the proposed establishment is within 200 feet of residential uses, a noise
attenuation clan.
*If
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
Footnotes:
{1} 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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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