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HomeMy WebLinkAboutCC Legislation (Version 2) - OLDity of is Legislation Ordinance �z tv HaEi 3500 Pan American Drive Miami, FL 33133 wvr+ra.miami9ov.com File Number: 08-00298zt ction Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4. ARTICLE 1. 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.1, following an advertised public hearing, adopted by Resolution No. PAB, by a vote of to recommending 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 if it is located within a mixed use development of over 300 swelling units within the downtown area; and WHEREAS, the new developments within the downtown area include projects with over 400 units located on sites with more than one major pedestrian frontage and could benefit the downtown area by providing more than one such establishment on -site; 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 1, of the City Code, as amended, is hereby amended in the following particulars:{1} City of Miami Page 1 of 3 Printed On: 4/14/2008 File Number 6-O0298zt ,CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Sec. 4-2. Defions. 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 4-210th to Southwest 47th 27th Avenues in which distance requirements shall not be required for nightclub, supper dub or bar uses, with limitations, per the requirements and criteria set forth in subsection 4- 11(I ) herein. Sec. 4-11. Exceptions to distance requirements. (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 Southwest10th Avenue to - 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. 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 City of Miami Page 2 of 3 Printed On: 4/19/2008 eNumber- 0$Q 29 oOtrio tes { ; } 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/l41200