HomeMy WebLinkAboutLegislation 3ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY AIC%MENDIN ARTICL I, TITLED 'IN
GENERAL":. MORE PARTICULARLY CHAPTER 4, TITLED "ALCOHOLIC
l3EVE Ar3ES"''SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS"
TO EXEMPT WATSON ISLAND FROM DISTANCE REQUIREMENTS FOR
ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AND THEIR
PROXIMITY TO SCHOOLS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Children's Museum (the "Museum") opened on
Watson Island in September 2003, pursuant to a Sublease Agreement dated
(the "Sublease") between the Museum and the Miami Sports &
Exhibition Authority (MSEA); and
WHEREAS, the Museum •is a non-profit educational institution, geared
towards preschool and elementary aged children, and has a yearly attendance of
250,000 visitors per year, the majority of whom are local residents from the
community; and
WHEREAS, _the _Miami Children's. Museum. was awardeda charter by
Miami Dade County Public Schools in 2001 to operate an innovative charter
school within the existing Museum, in Watson Island (the "Charter School"), and
its application received the highest rankings and approvals; and
WHEREAS, the Museum represents to the City that the Charter School
will enable children to achieve high academic/school readiness standards and
positive development through utilization of an innovative curriculum that
integrates the resources of Museum's exhibits and educational resources along
with employment of creative, committed, high quality and properly credentialed
educators; and
WHEREAS, the Charter School is limited by its charter to serve a
maximum of 250 students in grades of Kindergarten to Fifth (-5th) Grade and limits
the number of students to 25 per class; and
WHEREAS, the Charter School will be a new educational facility that will
provide additional classrooms to the City which is experiencing an
unprecedented residential. growth in the past three years; ...
WHEREAS, the Florida Charter School Statute 1002.33 states that library,
community service, museum, performing arts, theatre, cinema, church,
community college, college, and university facilities may provide space to charter
schools within their facilities under their preexisting zoning and land use
designations; and
Rev ordinance MCM 8/21
WHEREAS, the Museum is located in the same island as Flagstone Island
Gardens, Parrot Jungle and Gardens, Ifi�t��E�l r �1�::�� I,_i f,�F t� FE-1r=� halks�1/111111
tL trti';`t11;1.!rEi _ l�'( and a proposed
heliport (the "Other Tenants"), all of which occupy the island pursuant to
agreements with the City or with MSEA, whichspecifically authorize, -or
contemplate, the sate of alcoholic beverages and other uses which are in not
permitted within certain distance from an elementary school (the "Other Uses") ;
and
WHEREAS, Section 4-11 of the City Code requires that elementary
schools and alcoholic beverage establishments be separated by a distance of at
least 1000 feet; and
WHEREAS, Section 562.45(2)(a), Florida Statutes, as amended, provides
that schools cannot be located within 500 feet of a public or private elementary
school unless the municipality approves the location as promoting the public
health, safety and general welfare of the community and thus promulgating such
legislation pursuant to Florida Statutes by amending section 4-11 of the City of
Miami Code; and
WHEREAS, the Museum represents and warrants to the City that it does
not, and will not, object to the Other Uses in the Island and that the location of
the Charter School.in the island is of benefit to the public; and
WHEREAS, the City wishes to allow the Charter School to operate from
the Museum but must ensure that the Other Tenants will have the right to use the
island for Other Uses, as permitted under their respective agreements and their
quiet enjoyment under their leases will not be affected by the Charter School;
and
WHEREAS, the Museum wants to assure the City that the Other Uses will
not be affected by the Charter School and have agreed to provide to the City and
MSEA assurances to that effect, which include, but are not limited to: (i) Hold
harmless and Indemnification agreements, (ii)'the immediate termination of the
use of the Museum as a Charter School in the event of a conflict with the Other
Tenants, relatin• to the Other Uses, that is not resolved within a sti•ulated time,
evidence that the Charter School does
not conflict with the operations of
or the heliport from the FAA or other authorities having jurisdiction over such
Other Uses. Additionally, the City will require the necessary MUSP changes,
traffic studies, and other governmental or regulatory authorizations, to ensure the
school is properly situated (the "Conditions"); and
Rev ordinance MCM 8/21
WHEREAS, the establishment of the Charter School within the Museum
property must first be authorized by the board of MSEA, as the landlord of the
Museum property; and;
WHEREAS, based on the representations hereincontained, and subject
to the satisfaction of the Conditions, and approval of the use of the Museum
property for a Charter School by the MSEA Board, the City Commission will
amend Section 4-11 of the City of Miami Code to exempt Watson ISland from the
distance requirements contained therein and will taste -necesSafy action to
exempt Watson island from the requirements of Florida Statute 562.45(2)(a)
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF TI4E
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. Article I, Chapter 4, Section 4-11, as amended, the Code of the
City of Miami, Florida, is hereby amended by amending the text of said Code as
follows:1
-"ARTICLE I: IN GENERAL
*
CHAPTER 4 ALCOHOLIC BEVERAGES"
*
Sec. 4-11. Exceptions to distance requirements.
* * *
(j) The restrictions -as to distance regniretnents for the a -of aidohoii+
beverages and the locationofschools as hereinabove-set forth cn Section 440
shall not be applicable to businesses located' on Watson Island. in its entirety.
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.
Rev ordinance MCM 8121
3
Section 3. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final
reading and adoption thereof.2
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2006.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 2006.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
Rev ordinance MCM 8/21
4