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..Title
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/IN 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.
..Fiscal Impact
LOCATION: Between NE 50th Street and NE 77th Street on the East and West Side of
Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Pedro G. Hemandez, City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will waive distance exemptions for establishments serving alcoholic beverages
within the MIMO District.
..Body
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
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Submitted Into the public
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Priscilla A. Thompson
City Clerk
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 alcoholic beverages in the Miami Modern (MiMo)/Biscayne Boulevard Historic Specialty
District will enhance and promote the area; and
WHEREAS, the City Commission finds that the waiving of the distance requirements
near schools promotes the public health, safety, and general welfare of the community;
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 adopted by reference and incorporated as if fully set forth in this Section.
Section 2.
particulars:{1}
Chapter 4, Article I of the City Code is amended in the following
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Submitted Into the public
recor in connection
item Y. on I1.- i 1-10 A. Thompson
City Clerk
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:
*
*
Miami Modern (MiMo)/Biscayne 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 Property(ies) means contributing and non-contributing buildings within the
Miami Modern (MiMo)/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.
*
(I) The restrictions as to distances between establishments as hereinabove set forth
shall not be applicable to Rehabilitated Properties located in the Miami Modern
(MiMo)/Biscayne Boulevard Historic Specialty District as defined in Section 4-2 herein,
subject to the following to the following limitations:
j11 Intent. 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 contributing and non-contributing historic structures that
have made significant improvements to the exterior appearance in order
to bring the structure into a closer resemblance of its original appearance.
21 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.
L) 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.
J4) 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
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item ti 6 on I/~Qq
Priscilla A. Thompson
City Clerk
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}
..Footnote
{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.
Submitted Into the public
recor in connection with
item Z ic, on
Priscilla A. Thompson
City Clerk