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Home My WebLink AboutLegislation SR (Version 3) 09-15-11City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00647 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/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTIONS 4-2 ENTITLED "DEFINITIONS" AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE ORANGE BOWL DISTRICT AND REGULATIONS FOR ESTABLISHMENTS LOCATED WITHIN THE ORANGE BOWL DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") wishes to create a district known as the "Orange Bowl District;" and WHEREAS, the City wishes to encourage economic development within the Orange Bowl District; and WHEREAS, creation of the Orange Bowl District will also assist in redeveloping existing properties within the Orange Bowl District; 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. Chapter 4, Article I of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 4 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Sec. 4-2. Definitions. City of Miami Page 1 of 4 File Id: 11-00647 (Version: 3) Printed On: 8/26/2011 File Number: 11-00647 Cultural specially districts: (a 1) The SW 8th Street corridor from SW 10th to SW 27th Avenues as defined in subsection 4-11(k); (b 2) the Wynwood Cafe District area as defined in subsection 4-11(k).; (e3) the Miami Modern (MiMo) Biscayne Boulevard District as defined in subsection 4-11(m); (4) the Osun's Village Cultural Specialty District on NW 7th Avenue from NW 53rd Street to NW 63rd Street as defined in subsection 4-11(-m-) (n), and (d) L5i. the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District, which includes properties fronting or abutting NE 2nd Avenue, generally bounded from NE 63rd to NE 53rd Street and further includes properties abutting or fronting NE 2nd Avenue to NE 3rd Avenue on the north side of NE 59TH Street and the north and south sides of NE 59TH Terrace, including the entire property legally described as "SABAL PALM COURT SUBDIVISION PB 46-66 BLOCK 3," and including the entire property, legally described as "PIERCES DIV OF LEMON CITY PB 2-21 LOTS 3 & 4 BLK 12," 5948-5950 NE 3RD Avenue, 295 NE 59 Terrace, and 275 NE 59 Street as defined in subsection 4-11(n) (o), and (6) the Orange Bowl District is the area surrounding the Ball Park Stadium located at the intersection of NW 7th Street and NW 17th Avenue, Miami, Florida as described in Section 4-11 (p) (each district) hereafter referred to as the "District") 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). Orange Bowl District is the area surrounding the Ball Park Stadium located at the intersection of NW 7th Street and NW 17th Avenue, Miami, Florida described in Exhibit A, which provides exceptions to alcohol distance requirements as described in Section 4-11 (p). Sec. 4-11. Exceptions to distance requirements. * * * * (p) 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 Orange Bowl District, as defined below and as designated by the City Commission. Alcoholic beverage establishments shall comply with the distance separation requirements from schools as prescribed in Section 4-10. (1) Intent. The intent of the Orange Bowl 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 Orange Bowl District. To this end, distance requirements within the Orange Bowl District shall be eliminated or modified, as described above, for a maximum cap of eight (8) such establishments within the boundaries specified below. (2) Boundaries. The Orange Bowl District is described as shown in the area depicted in Exhibit "A" and as shown on the map on Exhibit "B." City of Miami Page 2 of 4 File Id: 11-00647 (Version: 3) Printed On: 8/26/2011 File Number: 11-00647 (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. An owner or operator may operate to no later than 5:00 a.m. upon issuance of an Exception, as set forth in the zoning ordinance, with final approval by the City Commission. Supper clubs, nightclubs, and bars shall not be open during regular school hours. (4) Special permit required. In order to be granted a permit for such h establishments within the Orange Bowl District, the property owner/applicant shall obtain a Warrant as specified in the zoning ordinance of the City as amended. An Exception shall not be required unless the owner or operator wishes to operate to no later than 5:00 a.m. In reviewing an application for establishments serving alcoholic beverages, the Planning Department when reviewing for a Warrant and the Planning, Zoning and Appeals Board and City Commission when reviewing for an Exception, shall apply the following supplemental review guidelines criteria in addition to the standard criteria as specified in the zoning ordinance: 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 the zoning ordinance of the City, 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.g., valet, self park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. 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 1,000 feet from the subject establishment if the proposed parking is to be by "valet" and as long as the remaining criteria of the zoning ordinance are established. 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 File Id: 11-00647 (Version: 3) Printed On: 8/26/2011 File Number: 11-00647 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 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 4 of 4 File Id: 11-00647 (Version: 3) Printed On: 8/26/2011