HomeMy WebLinkAboutO-13000City of Miami
Legislation
Ordinance: 13000
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00298zt Final Action Date: 5/22/2008
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 FORA 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 Miami
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File Number: 08-00298zt Enactment Number: 13000
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 ("Cultural Specialty District"): The Southwest 8th Street
corridor from Southwest 12 10th to Southwest 1-7427th 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 II 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.
Notwithstanding Section 4-10, distance limitations for the Cultural Specialty District certificate of use
and/or occupancy for Miami -Dade County Public Schools, including elementary, middle, and high
schools, excluding however, adult skill centers, shall be no nearer than 500 feet from the public
school by the method of measurement provided in Section 4-10.
(1) Intent. The intent of the Art and Theater GCultural sSpecialty 8District 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 17th 27th Avenue when such
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File Number: 08-00298zt Enactment Number: 13000
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.
*II
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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