The URL can be used to link to this page

Home My WebLink AboutSubmittal-Elena Bondarenko-Downtown Development Authority Resolution No. 020-2017F.ESOLUT ION NO. 020/2017 Submitted into the pu lic record f r its (s) rS 30 on n5/I City Clerk A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("MIAMI DDA") OF THE CITY OF MIAMI, FLORIDA, WITH ATTACHMENTS, URGING THE CITY OF MIAMI TO IMPLEMENT ADDITIONAL UPDATES TO THE PROPOSED AMENDMENTS TO CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TENTATIVELY SCHEDULED FOR CITY COMMISSION APPROVAL FOR FIRST READING ON JUNE 8, 2017. WHEREAS, the City of Miami ("City") regulates uses, locations, hours of operation, among other parameters related to creation and operation of establishments serving alcohol, in Chapter 4 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Chapter 4 of the City Code, as currently drafted, is burdensome, difficult to understand, and challenging to enforce; and WHEREAS, in order to address these various difficulties, the City is proposing a oomplete rewrite of Chapter 4 of the City Code to make it more user fiiendly and easier to implement, to promote business development, and to protect the quality of life of its residents; and WHEREAS, a number of businesses, as well as potential businesses, in Downtown Miami are affected by the regulations found in Chapter 4 of the City Code; and WHEREAS, the proposed amendments to Chapter 4 of the City Code may have detrimental effect on Downtown Miami's existing and future businesses; and WHEREAS, the City Commission is cxrnently scheduled to consider the proposed amendments to Chapter 4 of the City Code for first reading on June 8, 2017; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"): Section 1. The recitals are true and connect and are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Directors of the Miami DDA urges the City to implement additional updates to the proposed amendments to Chapter 4 of the City Code tentatively scheduled for City Commission approval for first reading on June 8, 2017, as detailed in the attachment. ATTEST: { Secretary to the Board of Directors PASSED AND ADOPTED THIS 19th 17. ll, Chairman Aly M. IEobertson, Executive Director \ ` \\ \ ow�,o� 14�� 5A��+u\- no doh�are�n�(o-1�au��aA�v�orne�t �vWwi�l �e�ola�utk uo, Submitted into the pub, record for it m(s) Tu_ eseicy, May 9rh, 2017 on 1 i5 /1% Planning & Zoning w/ Central Commercial District Stakeholders 8. the Downtown Development Authority {DOA; Subject: Chapter 4 Update: 1100 v. Miami 21 AGENDA Issue T: 'Central commercial district' ic VL.30 City Clerk • Current Ch.4 Sec. 4-2 defines 'Cer.traf commercial district' as: o "That area defined as fotows: Beginning at the intersection. of Biscayne Bay and the Miami River and following the Miami River in a westerly direction to the centerrne of South Miami Avenue, and thence north along the said centerline of South Miami Avenue to the centerline of S.W. Fourth Street, thence west along said centerline of said S.W. Fourth Street to the west lot fine extended of lot 16, block 135N, Miami (A.L. Knowlton), thence north coinciding with the said extended westerly lot line of lot 16 and continuing north coinciding with the westerly lot lines of lots 16 through 18 and lois 1 through 3 of block I35N, and lots 8, 9 and 1 of block 134N to the FECRR thence northwesterly and thence north along the FECRR to the centerline of N.W. Fifth Street, thence east along the said centerline of N.W. Fifth Street to the centerline of North Miami Avenue, thence north along the centerline of North Miami Avenue to the centerine of N.E. Sixth Street, thence east along the centerline of N.E. Sixth Street as projected to Biscayne Bay, and thence along the westerly shoreline of Biscayne Bay in a southerly direction to the point of beginning." • P&Z Update Sec. 4-2 eliminates the 'Central commercial district and defines an 'Urban Central Business District' as: o "Urban Central Business District (UCBD): Is intended to apply to the central commercial, financial and office care of the metropolitan regon. The UCBD contains high Intensity, high density multi -use development to include: retail; professional and governmental office uses; cultural, recreational and entertainment facilities; high density residential; hotels and motels; and appropriate industrial actMfles. The boundaries for the UCBD are set forth in Exhibit 'A.'" • Background: The 'Commercial central district' has historically been recognized as a unique district w'thin the Downtown Corridor. The new language eixpanels the district boundaries while homogenizing zoning code throughout and eliiminating the parameters that promote a Cafe District. • Proposed Resolution/r. 1. Maintain defined bour..dories of the 'Central comrr.ercia' district. Alternately. 2. Insert following into P&Z Lpdate Sec.4-8: Specialty Districts: District Location Type of License Permit Quantity of Permits - Maximum Cap Hours of Closing Central commercial district Exh See ibit G 2 COP and 4 COP Alcohol Reservation None 5:0OAM 1 Submitted into the public ` 1 record for i m(s) S,\ L4 3C) on 111,3/ City Clerk Issue 2A: Roan during which sales are allowed. • RapierStreet Property Owners propose the foi!owing hours for sales within the 'Central Commercial Dlstr6ct/Flagler District': Establishment TYpe license Operation From To Notes Alcohol Serv!ce Establishment 2COP, 4COP Mon - Sun 7:OOAM 3:OOAM° Bottle Club 4COP Mon - Sur. 7:OOAM 3:OOAM° Package Store (sealed containers) 3APS Won - Sat 7:OOAM 12:OOAM •Single Beer sales prohibited. *liquor In containers of 6.5oz. or less prohibited. Sunday 12:OOPM 12:OOAM Convenience Store 2APS, ]APS Mon -Sun 7:OOAM 12:00AM •Single Beer sales prohibited. •liquor In containers of 6.5oz. or less prohibited. Lodging or Residential uses (ancillary) 2COP, 4COP Mon -Sun 7:OOAM 3:OOAM Private Club 4COP Nbn - Sun 7:O0AM 3:OOAM Restaurant 2COP, 4COP Non - Sun 7:OOAM 5:OOAM Cafe 2COP Noon - Sun 7:OOAM 3:OOAM Retail Spedolty Center 2COP, 4COP Mon - Sun 7:OOAM 3:OOAM Waterfront Specialty Centex 2COP, 4COP Mon - Sun 7:OOAM 3:OOAM Other Establishments ANY Mon - Sun 7:OOAM 3:00AM issue 2B: Emended hours • CURRENT Ch. 4 Sec. 4-3.2. Public hearing approval for use and extended hours. "Irrespective or other amicable zoning regulations: all bass Iirsduclna taverns. pate and toixngesl as principle uses shall be subject to approval by the Plcrrsng Zoning and Appeals Board f•P1 AB") by process of exception. as set forth In the Miami 21 Code; and all nightclubs and supper clubs shal only be permitted by process of exception, as set forth In ire Miami 21 Code, with fineapproval by the city commission. In determining the appropriateness of such uses, the PZAB and the city commission shad fake info consideration the recorrrnendafor. of the planning department based on the following materials to be submitted by the cpp2cani as bet aria: a. M oparotlond)burneu pion that addresses hours of operation, number of employees, menu Items, goals of business. and other operational characteristics pertinent to the app&callon. b. A parking pion which fury describes where and how the puking b to be p:ov:ded and Wetted. e.g., valet. self pork, shared parking, after -hour metered spaces. and the manner In which the pan is to be managed. The city commission or the F1AN may as part of the application. grant approval for 100 percent 2 Submitted into the public record for i m(s) S�, k P (. f 30 on l j thi« City Clerk f. A sanitation plant which addresses on -site fealties os well as off -premises issues resulting from the operation of the establishment. g. Prox mity at proposed establishment to residential uses. tf.11 the proposed establishment b within 200 feet of residential uses: a noise attenuation plan that addresses how noise wiA be controlled shall be required, especially In the case of indoor/outdoor uses. Notwithstanding the reauirementi set forth above. PZAB and city commission aoerovai shall not be required for such establishments when !created in the Midtown area (as set forth !n Appendix C o` the Mtcmi 21 Code, a'so known as "SD-27' j nor for the areaofDowntown Mkrrnk defined herein as those eortions of the downtown area with T 6 zon►na that are bounded on the south by SEISW 15th Road. on the east by Biscayne Sax on the north by NE/NW 5th Street, and on the West by 1-95; nor for those properties with T-6 zoning, as set forth in the Miami 2! Code, located within the Southeast Overtown/Park West and Omni CRA arecs. In addifon, PZAB and city commission approval shall also not be required for any such establishment approved by an alternate adrrinlslmflve process when located in an established special district or entertainment district as set forth in section • -11." Pa Proposed Update: o Eliminates exemption "for the area of Downtown Miami, defined herein as those portions of the downtown area with T-6 zoning that are bounded on the south by SE/SW 15th Road, on the east by Biscoyr.e Bay, or, the north by NE/NW 5th Street, and on the West by 1-95" • Proposed Resolution/s: . Retain exemption of PZAB and city commission approval for such eslab6shrnents when located In the area of Downtown Miami, defined herein as those portions of the downtown area with T-6 zoning that are bounded on the south by SE/SW 15th Road, on tt:e east by Biscayne Bay. on the north by NE/NW 5th Street, and on the West by I-95 2. Replace "Downtown Miami, defined herein as those portions of the downtown area with T-6 zoning that are bounded on the south by SE/SW 15th Road, on the east by Biscayne Bay, on the north by NE/NW 5th Street, and on the West by 1-95" with "Flogler District" 3 Submitted into the public record for it rn(s) 5� i RZ. oO on \ City Clerk issue 3: Distance Requirements • Current Ch.4 "Sec. 4-13. - Central business district and central deslan district distance reaulremerrfs. fat The restrictions as to distance between establishments as set forth shall rrot apply withni the Downtown Central Business District and the Central Design District as defined ierein. (b) Retail beverage licenses for restaurants, cafes, cafeterias and delicatessens may be issued Meriting the number of permitted licenses for the sale of alcoholic beverages subject to the following minimum conditions, restrictions and imitations. (I) The number of such licenses shall be as permitted by the Charter and/or state taw. (2) Accommodations for service of 50 or more patrons at tables at one estabishr' ent shaI be provided. (3) Sale of alcoholic beverages shal be incidental to the sale and consumption of food. (4) Iota! receipts from the sales of alcoholic beverages shall not exceed 49 percent of the total annuai gross receipts of such resta xOE t. (5) The serv!ng of or consumptlon of alcoholic beverages shay be at restat.Tant tables or counters at which full course meals (as defined in the Florida Admirrstrafive Code) are regularly served. (6) Restaurants qualifying and holding a retail beverage or liquor store rcense shall always be subject to Inspections by the city manager or his designee for the purpose of determining that such restaurants are complying w th the aforementioned requirements. (7) The restaurant shall have no sigra advertlstng such retail beverage o• liquor store, or the sale of alcohok beverages therein, upon the exterior, or to be visible tom the exterior of ary such restaurant. • (8) The rota) beverage or liquor store license stall not be severable from the restaurant license in conjunction with which 11 is issued. • P&Z Update: Eliminates Sec.4-13 • Proposed Resoluttonls: 3. Restore 4-13 (distance requirement exemptions "within the Downtown Central Business District,") 4. Replace "Central business district" and "Downtown Central Business District" with "Flagler District" Alternately, 5. Insert following into P&Z Update Sec4-7: Distance Separation Regulations District Establishment Type Minimum Distance Notes Distance Between Alcohol Service Establishments Hagler Consumption on or off the premises None Boundaries as defined in Exhibit G Religious Facilities Flagier Any EstabP.shment None Boundaries as defined !n Exhibit G Schools HaglerAny Estclorshment None Boundaries as defined In Exhibit G 4 Submitted into the public 1 record for itg I.cs) Sh.l 4 Qti,110 on II // City Clerk Issue 4: Microbreweeies wt hin the 'Central commercial district," or "Hagler District" • The PaZ Director has recognized that microbrewerles have emerged as effective economic redevelopment tools and local -business Incubators in many mur'dpoltiles, and • The Director has subsequently published an Inter-0f!ice Memorandum expanc°ng perm'ssibil ty of mtc robreweries into "existing specialty cultural districts," • Proposed Resolution: 1. Property owners request the exparslon of permissibility into the economically depressed and now -blighted "Central commercial district," or "Hagler District." 5