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HomeMy WebLinkAboutCC Legislation (Version 2) - NEWCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, Ft_ 33133 www.miamigov.com File Number: 08-00298zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ALCOHOLIC BEVERAGES, IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO RENAME THE DISTRICT PREVIOUSLY KNOWN AS THE CULTURAL SPECIALTY DISTRICT ALONG SOUTHWEST 8TH STREET, FROM SOUTHWEST 12TH AVENUE TO SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS THE ART AND THEATER CULTURAL SPECIALTY DISTRICT WITH EXTENDED BOUNDARIES ALONG SOUTHWEST 8TH STREET FROM SOUTHWEST 10TH AVENUE TO SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, TO ALLOW DISTANCE EXEMPTIONS FOR A MAXIMUM OF 15 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board, at its meeting of April 16, 2008, Item No. 2, following an advertised public hearing, adopted by Resolution No. PAB 08-013, by a vote of six to two (6-2) recommending APPROVAL of an amendment to Ordinance No. 11000, as amended; and WHEREAS, Section 4-11 of the Code of the City of Miami, Florida, as amended ("City Code"), allows for a distance exemption for one (1) establishment serving alcoholic beverages; and WHEREAS, the previously known as Cultural Specialty District along the Southwest 8th Street Corridor, between Southwest 12th Avenue and 17th Avenue, will be renamed as the new Art and Theater Cultural Specialty District with the extended boundaries from Southwest 10 Avenue to Southwest 27 Avenue, Miami, Florida, is emerging as a cultural specialty district and warrants the inclusion of distance exemptions for a limited number of establishments serving alcoholic beverages when such establishments are components of cultural facilities; and 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, entitled "Alcoholic Beverages/In General," of the City Code, as amended, is hereby amended in the following particulars:{1} "CHAPTER 4 ALCOHOLIC BEVERAGES City of Miatni Page T of 3 Printed On: 4/21/2008 File Number: 08-00298zt 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: Art and Theater Cultural specialty district: The Southwest 8th Street corridor from Southwest 42 10th to Southwest -1-7-th 27th Avenues. in which distance requirements shall not be required for nightclub, supper club or bar uses, with limitations, per the requirements and criteria set forth in subsection 4-11(1) herein. * Sec. 4-11. Exceptions to distance requirements. * (5) Special permit required. In order to be granted a permit for such an establishment within a duly designated district, the property owner/applicant shall obtain a class I1 permit as specified in Zoning Ordinance No. 11000, as amended, the zoning ordinance of the city; however, notice provisions shall be as required and set forth for special exception permits, shall be as required and set forth for class II permits with the additional requirement that mail notices be sent to all property owners within a 500-foot notification radius of the subject property. In reviewing an application for a supper club, nightclub or bar establishment within a designated "entertainment specialty district," the director of the department of planning and zoning shall apply the following supplemental review guidelines criteria in addition to the standard criteria for class II permits as specified in Section 305 of Zoning Ordinance No. 11000: * * j. The restrictions as to distances between establishments herein above shall not be applicable within the SW 8th Street "cultural specialty district", as defined in section 4-2, and as designated by the city commission. Location of alcoholic beverage establishments within the cultural specialty district shall not be utilized when calculating distance requirements of churches and alcoholic beverage establishments located outside the district, whether existing or new. Alcoholic beverage establishments and churches shall be limited only by distance requirements specified in this chapter. Distance limitations for Miami -Dade County Public Schools, including elementary, middle, and high schools, excluding however, adult skill centers, shall be as set forth in section 4-10. (1) Intent. The intent of the Art and Theater &Cultural &Specialty dDistrict is to allow cultural related to theaters, nightclub, supperclub and bar uses to benefit from close proximity to one another within the Southwest 8th Street corridor, from Southwest 12 10th Avenue to 4-7th 27th Avenue when such establishments include of cultural facilities as a component of the allowed underlaying nightclub, supperclub or bar uses. To this end, distance requirements within said district shall be eliminated for a maximum cap of 15 5 establishments within the boundaries specified above. City of Miami Page 2 of 3 Printed On: 4/21/2008 File Number: 08-00298zt * *1F 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 PC' 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 3 of 3 Printed On: 4/21/2008