HomeMy WebLinkAboutLegislation SR (Version 4) 09-27-11City 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; and
WHEREAS, the creation of this district 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. 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.
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Cultural specially districts: (a 1) The SW 8th Street corridor from SW 10th to SW
27th Avenues as defined in subsection 4-11(k); (la 2) the Wynwood Cafe District area as
defined in subsection 4-11(k) rf; (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 (4) al 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(4)
(o)i 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
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Sec. 4-11. Exceptions to distance requirements.
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(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.
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(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."
(3) Hours of operation. The hours of operation forthe-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.
(4) Special permit required. In order to be granted a permit for such 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.q., 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.
g. 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.
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i. If the proposed establishment is within 200 feet of residential uses, a noise attenuation plan.
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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 0. 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.
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