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Home My WebLink AboutITEM #2 PAB 04.16.08PLANNING FACT SHEET LEGISTAR FILE ID: 08-00298zt APPLICANT REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION April 16, 2008 Item # 2 Pedro G. Hernandez, City Manager, on behalf of the City of Miami Consideration of amendment to the Code of the City of Miami, Florida, by amending Article I, titled "In General" more particularly, Chapter 4, titled "Alcoholic Beverages" Section 4-11, "Exceptions to distance requirements". See supporting documentation An ordinance of the Miami City Commission amending the Code of the City of Miami, Florida, by amending Article I, titled "In General" more particularly, Chapter 4, titled "Alcoholic Beverages" Section 4-11, "Exceptions to distance requirements" to: 1) Allow an additional alcoholic beverage establishment within mixed -use projects of over 300 dwelling units within the downtown area; 2) Rename the district previously known as the Cultural Specialty District along SW 8th Street, from SW 12th Avenue to SW 17th Avenue, as the Art and Theater Cultural Specialty District with extended boundaries along SW 8th Street from SW 10th Avenue to SW 27th Avenue, allowing distance exemptions for a maximum of 15 establishments serving alcoholic beverages as a component of a cultural facility; containing a repealer provision and severability clause; and providing for an effective date. APPROVAL This will allow rename the district previously known as the cultural specialty district along SW 8th Street, from SW 12th Avenue to SW 17th Avenue, as the Art and Theater Cultural Specialty District with extended boundaries along SW 8th Street from SW 10th Avenue to SW 27th Avenue, allowing distance exemptions for a maximum of 15 establishments serving alcoholic beverages as a component of a cultural facility. 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N 1.11P 1:1[I' l(411.Ijillflllj 0 1,000 2,000 I I I I I I 4,000 Feet I I I ADDRESS:SW 8 STREET BETWEEN SW 10TH AVE AND SW 27TH AVE 0 1,000 2,000 4,000 Feet 111111111 ADDRESS:SW 8 STREET BETWEEN SW 10TH AVE AND SW 27TH AVE City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00298zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN GENERAL" MORE PARTICULARLY, CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES" SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS" TO: 1) ALLOW AN ADDITIONAL ALCOHOLIC BEVERAGE ESTABLISHMENT WITHIN MIXED -USE PROJECTS OF OVER 300 DWELLING UNITS WITHIN THE DOWNTOWN AREA; 2) RENAME THE DISTRICT PREVIOUSLY KNOWN AS THE CULTURAL SPECIALTY DISTRICT ALONG SW 8TH STREET, FROM SW 12TH AVENUE TO SW 17TH AVENUE, AS THE ART AND THEATER CULTURAL SPECIALTY DISTRICT WITH EXTENDED BOUNDARIES ALONG SW 8TH STREET FROM SW 10TH AVENUE TO SW 27TH AVENUE, ALLOWING DISTANCE EXEMPTIONS FOR A MAXIMUM OF 15 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4-11 of the 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 dwelling 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 10th Avenue to Southwest 27th Avenue, 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 WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its April 16, 2008 meeting, Item No. 2 adopted Resolution No. PAB and by a vote of to (_ _) has recommended the adoption of this item to the City of Miami City Commission; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; 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 City of Miami Page 1 of 6 Printed On: 4/8/2008 File Number: 08-00298zt by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article I, Chapter 4, as amended, the Code of the City of Miami, Florida, is hereby amended by amending the text of said Code as follows:{1} ARTICLE I: IN GENERAL CHAPTER 4 ALCOHOLIC BEVERAGES „* Sec. 4-2. Definitions. 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: Alcoholic beverages: Distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water. Convenience stores: A retail business opened primarily for the sale of products other than beer or wine and which may sell beer and wine in sealed containers only for consumption off premises. Grocery stores and shopping centers are considered to be convenience stores for purposes of this chapter. Art and Theater Cultural specialty district: The Southwest 8th Street corridor from Southwest .1-210th to Southwest 17th 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(I) herein. Entertainment specialty district: The legally defined subarea(s) within downtown Miami (as defined by the downtown master plan) 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. 4-10. Same --From churches and public schools in combination residential -commercial districts. No certificate of use and/or occupancy shall be issued to any applicant for the sale of liquor to be consumed either upon the premises or off the premises and/or for the sale of beer and wine to be consumed on the premises in the combination residential and commercial district to where the proposed place of business is within 300 feet of a church or nearer than 1,000 feet to any public school,; provided the method of measurement that shall be applied to determine whether or not the City of Miami Page 2 of 6 Printed On: 4/8/2008 File Number: 08-00298zt proposed place of business of the applicant qualifies shall be by measurement made or taken from the main front entrance of the place of business to the nearest point on a parcel of land occupied by a church or a parcel of land set aside for, and used, or proposed to be used, for public school purposes, and the measurement shall be made along the route of ordinary pedestrian traffic. Sec. 4-11. Exceptions to distance requirements. (a) The restrictions hereinabove set forth shall not be applicable to apartment -hotels, and motels with 50 or more guestrooms or to office buildings containing at least 60,000 square feet devoted to and maintained for office room space, and said hotels, motels, and office buildings may contain places of business for the sale of liquor and/or beer and wine to be consumed on the premises where such sales are conducted in an orderly manner, and where such sale of liquor and/or beer and wine in said hotels, apartment -hotels, motels or office buildings is strictly incidental to the principal hotel, motel or office building use and where there are no signs of any type exhibited or displayed to the outside, indicating that liquor and/or beer and wine is obtainable therein, and where the room for the sale of liquor and/or beer and wine as conducted does not open upon any public street or sidewalk. Not more than one certificate of use and/or occupancy for consumption on the premises shall be issued for any one hotel, apartment -hotel, motel or office building. (b) The restrictions as to distance as hereinabove set forth shall not be applicable to bona fide restaurants and dining rooms where the sale of liquor and/or beer and wine is entirely incidental to the principal use of selling food, and where no sign or display is made to the outside indicating that alcoholic beverages are obtainable therein and where such restaurant has a space of at least 4,000 square feet, having accommodations for service of 200 or more patrons at tables and containing all necessary equipment and supplies for serving full course meals regularly; there shall not be included in the 4,000 square feet of space any patio that does not have a permanent roof, one complete side of which is connected directly with the main roof of such restaurant. Kitchen pantries, storage rooms, toilets, etc., used exclusively in the operation of the restaurant may be included in the 4,000 square feet of space; further, said restrictions shall not be applicable to any beer, wine, or beer and wine licensee who sells or intends to sell said beverages for consumption off the premises only; further, said restrictions shall not be applicable to any bona fide licensed restaurant or dining room where the sale of beer, wine, or beer and wine is entirely incidental to and in conjunction with the principal use of selling food, and where no sign or display is made to the outside, indicating that beer, wine, or beer and wine are obtainable therein. (c) The restrictions hereinabove set forth shall not apply to private clubs, chartered in the county for a period not less than three months. (d) The restrictions as to distance between establishments as hereinabove set forth in section 4-7 shall not be applicable to existing licensees, when said licensees are moved to a distance not greater than 300 feet of their existing location, said 300-foot distance to be measured and computed from the front door of the established location of the licensee to the front door of the proposed location, along the route of ordinary pedestrian traffic; and provided further, that the proposed location shall conform to the restrictions of sections 4-8, 4-9 and 4-10 of this chapter, unless the license as established, prior to being moved, is nonconforming to the provisions of section 4-9 and/or 4-10 of this chapter; in such case, the proposed location shall be located at a greater distance from a church or school than the previously established location, but shall not necessarily be located in accordance with the restrictions as specified in section 4-9 and/or 4-10 of this chapter. Notification shall be given to the office of the city manager and the director of the department of fire -rescue, in writing, 45 days prior to the change City of Miami Page 3 of 6 Printed On: 4/8/2008 File Number: 08-00298zt in location and the issuance of a certificate of use and/or occupancy. (e) The restrictions as to distance as hereinabove set forth shall not be applicable to waterfront specialty centers located on city -owned property or to individual tenants within the centers. Waterfront specialty centers may contain places of business for the sale of alcoholic beverages and/or beer and wine where such uses have been permitted on city -owned property by the City of Miami commission. Within any one waterfront specialty center, not more than 50 percent of the centers tenants shall be issued certificates of use and/or occupancy permitting service of alcoholic beverages and/or beer and wine. No sign or display advertising that alcoholic beverages, beer and/or wine are available therein shall be permitted on the exterior of the waterfront specialty center visible from a public right-of-way. Liquor, beer and wine licenses incidental to restaurants shall be issued pursuant to state law. (f) The restrictions as to distance as hereinabove set forth shall not be applicable to retail specialty centers or to individual tenants within said centers subject to the limitations set forth herein. Within a retail specialty center the total number of establishments selling alcoholic beverages and/or beer and wine exempt from these distance requirements pursuant to the exemption provided in this subparagraph (f) shall not exceed one such establishment per 20,000 gross square feet of the retail component within the retail specialty center but in no event shall the establishments exempt from these distance requirements by this subparagraph exceed five establishments within said retail specialty center and all such exempt establishments shall (a) serve food during all hours of operation and (b) shall provide one full-time security guard on said premises per each 100 seats or fraction thereof during those hours of operation when alcoholic beverages, beer and/or wine are served for consumption on the premises. No sign or display advertising that alcoholic beverages, beer and/or wine are available therein shall be permitted on the exterior of the retail specialty center. The exceptions and restrictions in this paragraph pertain only to retail specialty centers as defined in section 4-2(a), not including the remainder of the multi -use development, as defined. Liquor, beer and wine licenses incidental to restaurants shall be issued pursuant to state law. (1) Intent. The intent of the Art and Theater sCultural sSpecialty 4District 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 17th 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. (2) Hours of operation. The hours of operation for the sale of liquor shall be restricted for each establishment to no later than 3:00 a.m. (3) Special permit required. In order to be granted a permit for such an establishment within a duly designated cultural district, the property owner/applicant shall obtain a class II permit as specified in Zoning Ordinance No. 11000, as amended, the zoning ordinance of the city. In reviewing an application for a supper club, nightclub or bar establishment within a designated "cultural specialty district," the director of the department of planning shall apply the following supplemental review guidelines criteria in addition to the standard criteria for class II permits as specified in Section 1305 of Zoning Ordinance No. 11000: a. Operational plan: An operational/business plan that addresses hours of operation, number City of Miami Page 4 of 6 Printed On: 4/8/2008 File Number: 08-00298zt of employees, menu items, goals of business, and other operational characteristics pertinent to the application; such plan shall include a description of the cultural activity to be included at the establishment. Cultural activities shall be a requirement of the class II permit and must be either visual arts or performing arts. b. 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 utilizing this exemption shall be required to provide a parking plan which fully describes where and how the parking is to be provided and utilized, 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 permit (in addition to the Class II 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". c. For establishments proposing capacities over 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. d. A security plan for the establishment and any parking facility. e. For establishments proposing capacities over 300 persons, a traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. f. A sanitation plan, which addresses on -site facilities as well as off -premises issues resulting from the operation of the establishment. g. A plan depicting proximity of proposed establishment to residential uses. h. If the proposed establishment is within 200 feet of residential uses, a noise attenuation plan that addresses how noise will be controlled shall be required. 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 FROM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY City of Miami Page 5 of 6 Printed On: 4/8/2008 File Number: 08-00298zt 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 6 of 6 Printed On: 4/8/2008