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Home My WebLink AboutCC SR 01-29-09 Fact Sheety City of Miami City Hall 3500 Pan American Drive + Legislation Miami, FL 33133 y' www.miamigov.com Ordinance File Number: 08-01331zt Final Action Date: 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 LEMON CITY/LITTLE HAITI FRENCH CREOLE CULTURAL ARTS AND ENTERTAINMENT DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR TWENTY (20) 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 Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District is a corridor located on Northeast 2nd Avenue in the heart of the Lemon City/Little Haiti area, that includes cultural art institutions, museums, galleries, blackbox theater, nightclubs, studios, and alternative art spaces and warrants the inclusion of distance exemptions for a limited number of establishments serving alcoholic beverages; and WHEREAS, the exemptions from certain distance requirements for a limited number of establishments serving alcoholic beverages in the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District will enhance and promote the area; and WHEREAS, it is in the best interest of the City of Miami to create the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment 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} City of Miami Page I of 4 Printed On: 1/8/2009 File Number.' 08-01331 zt "CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Sec. 4-2. Definitions. (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; (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),_and (d) Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District, which includes properties fronting or abutting NE 2nd Avenue generally bounded from NE 63rd to NE 53rd Street including the entire property legally described as "SABAL PALM COURT SUBDIVISION PB 46-66 BLOCK 3," and including the entire property, legally described as "PIERCES DIV OF LEMON CITY PB 2-21 LOTS 3 & 4 BILK 12," as defined in subsection 4-11 (m) (each district hereafter referred to 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. (m) Restrictions relating to the location of alcoholic beverage establishments includinq 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 20 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 20 such establishments within the boundaries specified below. (2) Boundaries. The District is described as shown in the area depicted (Exhibit "A" to be included in the body) 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. City of Miami Page 2 of 4 Printed On: 1/8/2009 File Number.- 08-01331zt (4) Special permit required. In order to be granted a permit for such establishments 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. b. Operational plan: An operational/business plan 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 subiect establishment) 100 percent of the required parking may be located offsite within a distance of 600 feet from the subiect establishment if the proposed parking is to be "self -park," and a distance of 1000 feet from the subiect 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 neighborhood and how to mitigate the impact. g. A sanitation plan, which addresses on-site facilities and off -premises issues resulting from the operation of the establishment. City of Miami Page 3 of 4 Printed On: 118/2009 File Number. 08-01331zt h. A plan depicting proximity of the proposed establishment to residential uses i. If the proposed establishment is within 200 feet of residential uses noise attenuation plan. 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY 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. City of Miami Page 4 of 4 Printed On: 1/8/2009