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Home My WebLink AboutCC Legislation (Version 5) FinalCity of Miami Legislation Ordinance: 13020 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00500zt Final Action Date:7/24/2008 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 WYNWOOD CAFE DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR A LIMITED NUMBER OF 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 Wynwood area is an internationally known arts district, that includes art institutions, museums, galleries, collections, 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 Wynwood Cafe District will enhance and promote the area; and WHEREAS, it is in the best interest of the City of Miami to create a Wynwood Cafe 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 hereby amended in the following particulars: {1} "Chapter 4 ALCOHOLIC BEVERAGES City of Miami Page 1 of 4 og-oz-oort-CC LegisIaton Ver-son5 FTna.I Printed On: 7/30/2009 File Number: 08-00500zt Enactment Number: 13020 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 Avenuesi and (b) the Wynwood Cafe District area as defined in subsection 4-11 (k), 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. * * * (k) Restrictions relating to the location of alcoholic beverage establishments, including 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 Wynwood Cafe District, as defined below and as designated by the City Commission. However, notwithstanding the foregoing sections, distance limitations for •ublic or •rivate elementary school, middle school, or secondary school, excluding however, adult skill centers, shall be 500 feet. (1) Intent. The intent of the Wynwood Cafe District is to allow a limited number of nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from close proximity to one another within the Wynwood Cafe District. To this end, distance requirements within said district shall be eliminated or modified, as described above, for a maximum cap of 25 such establishments within the boundaries specified below. No one person or entity, including affiliates, shall own more than 13 of such alcoholic beverage licenses within the Wynwood Cafe District. An affiliate is any person or entity who is an owner, shareholder, member, partner, agent, officer or director of any person or entity, who has or seeks such alcoholic beverage licenses in this District. (2) Boundaries. The Wynwood Cafe District is described as shown in the area depicted (attachment "A" to be included in the body) and as legally described in attachment "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. (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 City of Miami Page 2 of 9 Printed On: 7/30/2009 File Number: 08-00500zt Enactment Number: 13020 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 a Wynwood Cafe 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.q., 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 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". 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. q. A sanitation plan, which addresses on -site facilities and off -premises issues resulting from the operation of the establishment. h. A plan depicting proximity of the proposed establishment to residential uses. i. If the proposed establishment is within 200 feet of residential uses, a noise attenuation plan. City of Miami Page 3 of 4 Printed On: 7/30/2009 File Number: 08-00500zt Enactment Number: 13020 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. City of Miami Page 4 of 4 Printed On: 7/30/2009