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HomeMy WebLinkAboutCC Legislation (Version 1)City of a Legislation Ordinance iyHail ian American Drive Miami, FL 33133 www.miamigov.com File Number. 08-01 I ©9zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/1N GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC SPECIALTY DISTRICT, WAIVING DISTANCE EXEMPTIONS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") designated the Miami Modern (MiMo)/Biscayne Boulevard Historic District in 2006; and WHEREAS, the designation of an historic district is an honor for the community and its residents and a city's long-term commitment to nurture a special neighborhood; and WHEREAS, the designation of an historic district is a signal by the City that the neighborhood is important to preserve and requires special treatment by both the City, the property owners, residents and commercial business entrepreneurs; and WHEREAS, the designation of an historic district adds certain restrictions on property owners regarding design guidelines for restoration and new infill structures, review of demolition permits, and restrictions on land use; and WHEREAS, due to historic district guidelines imposed by the City, the City administration and elected officials are encouraged to enact economic and zoning incentive measures that will stimulate property owners to restore historic buildings, re -adapt the uses of their existing structures and develop new infill within the zoning; and WHEREAS, it is important to attract new property owners and entrepreneurs to redevelop the historic district; and 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 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 exemptions from certain distance requirements for establishments serving Cins of Miami Page 1 of 3 Printed On: 10/22/2008 FilrNumhec08-D/109zt @|cohO|iC beverages in the Miami Modern (&4iMci)/BiaCayne Bou|evanj Historic Specialty District will enhance and promote the area', and VVHERE/\S' the City CDrnnniSSion finds that the waiving of the distance requirements near schools promotes 'the public hea|th. Safetv, and general welfare of the cVnnrnun|ty, NOW, THEREFORE. BE IT ORDAINED BYTHE COMMISSION OF THE CITY OF K,11AN11. FLORIDA- Section 1, The recitals and findings contained in the Preamble to this Ordinance are adopted byreference and incorporated aSiffully set forth inthis Section, Section 2, Sec. 4-2. QNefinibons. Chapter 4. Article | of the City Code is amended in the following partiCu|arsj1` "CMAPTER4 ALCOHOLIC BEVERAGES ARTICLE |.|NGENERAL ^ (8) For the purposes Of this seCtiDn, the fOUOvvng Vvo[dS and phrases shall have the meanings respectively ascribed to them, the type of license required by the state is indicated in parenthesis: ° ° ^ Miami Modem (MiMo)/Bisncayn8 Boulevard Historic Specialty District: the area located between NE 50th Street and NE 77th Street on the East and West side of Biscayne Boulevard. ° ° Rehabilitated means COrdhbutinq bui|dinqs within the Miami Modern (MiK8O)/BisCayne Boulevard Historic Specialty District that have first obtained a Certificate of Appropriateness, as defined in Chapter 23 of this Code, for exterior improvements. Sec. 4-11. Exceptions to distance requirements. (|) The restrictions as to distances between establishments as honeinab0ve set forth 8hoU not be applicable to Rehabilitated Properties located in the Miami Modern (MiMo)/Biecayne Boulevard Historic Specialty District as defined in Section 4-2 henein, aubiectto thefoUovvinq to thefnUovvinq limitations: /Y) /ntOOL It is intended that the herein exception to the distance requirements be applied to restaurants only, as defined in Section 4-2 herein, located in C0ntrihudnq historic structures that have made SiqDific8Otimprovements tnthe (it,?/Miami Page Zo/j Printed On: /0KJ212ox8 File Number: O8-01109zt exterior appearance in order to bring the structure into a closer resemblance of its original appearance. (2) Certificate of Appropriateness required. To obtain a Certificate of Appropriateness under this section, the Rehabilitated Property shall have completed improvements that include, but are not limited to, lighting, landscaping, painting, windows, doors, paving and parking areas, signage, and awnings or canopies. (3) Permitted main uses. Restaurants, as defined in Section 4-2 herein, within Rehabilitated Properties shall be permitted to sell alcoholic beverages for consumption on the premises when a minimum of 30 seats are provided. (4) Accessory uses. Restaurants, as defined in Section 4-2 herein, which have a minimum of 30 seats and are located within hotels, apartment -hotels, or apartments, or any mixed use in a Rehabilitated Property having a minimum of 30 apartment units or a minimum of 30 hotel units and which are located in the Miami Modern (MiMo)/Biscayne Boulevard Historic Specialty District shall be permitted to sell alcoholic beverages for consumption on the premises. 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 Q*L't,J CITY ATTORNEY 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: 10/22/2008