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HomeMy WebLinkAboutSubmittal-Elena Bondarenko-Downtown Development Authority Resolution No. 020-2017Submitted into the pukllie record fpr itch(s) 5 F.ESOLUT ION NO. 020/2017 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. City Clerk 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 c unently 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 191' May, a 17. �qi1L� 5������a�- E1e�no, d�ev�o�u,eet �v�tyQ�c�ol��,u�nUWu), Tuesday, May 9rh, 2017 Planning & Zoning w/ Central Commerciai District Stakeholders 8. the Downtown Development Authority {DOA; AGENDA Submitted into the pu record [or itFm(s) on Subject: Chapter 4 Update: 1100 v. Miami 21 Issue?: 'Central commercial district' City Clerk • Current Ch.4 Sec. 4-2 defines 'Cer.traf commercial district as o "That area defined as fotows: Beginning at the intersect'or. of Biscayne Bay and the Miami River and foCow1r g the Miami River in a westerly direction to the centerine 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 line extenaed 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 135N, 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 Mlaml 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 shoreine 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 govemmenta: office uses; cultural, recreational and entertainment faci ices; high density residential; hotels and motels; and appropriate industrial actMtles. The boundaries for the UCBD are set forth in Exhibit 'A'" • Background: fie 'Commercial central district' has historically been recognized as a unique district within the Downtown Corridor. The new language expands the district boundcries while homogenizing zoning code throughout and eliminating the parameters that promote a Cafe District. • Proposed Resolution/s: 1. Maintain defined boundaries of the 'Central comm..ercia' district. ,Alternately, 2. Insert folbwir .7 into P&Z Update Sec.4-8: peciaity Districts: Dtstrlct 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:OOAM 1 Submitted into the pub � � � �h record for i c , V an ]J"L5Ir(s) 1I City Clerk Issue 2A: Roan during which sales are slowed. • FlaglerStreet Property Owners propose the following hours for sales Within the 'Central Comrnerctd Dlstr6ct/Flagler District': Establishment TYpe license Operation From To Notes Alcohol Service Establishment 2COP, 4COP Mon - Sun 7:OOAM 3:OOAM° Bottle Club 4COP Mon - Sur. 7:OOAM 3:OOAM' Package Store (sealed containers) 3APS Won - Sot 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 container of 6.5oz. or Ines prohibited. Lodging or Residential uses (ancillary) 2COP, 4COP Mon -Sun 7:OOAM 3:OOAM Private Club 4COP tvbn - Sun 7:O0AM 3:OOAM Restaurant 2COP, 4COP Mon - Sun 7:OOAM 5:OOAM Cafe 2COP Noon - Sun 7:OOAM 3:OOAM Retail Spedolty Center 2COP, 4COP Mon - Sun 7:0OAM 3:OOAM Waterfront Specialty Center 2COP, 4COP Mon - Sun 7:OOAM 3:OOAM Other Establishments ANY Mon - Sun 7:OOAM 3:0OAM issue 2B: Emended hours • CURRENT Ch. 4 Sec. 4-3.2. Public hearing approval for use and extended hours. 'Linwoec've of otheropolcable zoning regulations: all bars Ik duci io taverns. pate and lounged as principle uses shall be srbject to approvot by the Plcrrdng Toning and Appeal' Beard (P2ABI by process of esroepiton. as set forth In the Miami 21 Code; and ail r9htckrbs and supper CUM snarl only be permitted by process of e:sneplfon, as set forth In ore Miami 21 Code, wlth fine approval by the city cornrntssion. In determining the a ppropelateness of such uses, the PIAB sine 'he city cam -colon at.cll take Info consideration the recorrrn endaVor. of the planning deportment based an the fokrwwing materials to be s jb tinted by Ins cpp2eant as eAterlo_ a. M operational/business pion that addresses hours of operationn, number of employees, menu Gems, goals of business. and other operational chanacterbflcs pertinent to the app&catlon. b. A parking plan which fury describes where and how the pa idng b to be proded and Mooed. e.g.. vast. self park, shored parking, alter -hour metered spaces. and the manner In which the panidng is to be managed. The sty commission or the F1AN may as part of the application. grant approval for 100 percent 2 Submitted into the public record for i�`�in(s) S � 1� YZ f 31 on City Clerk f. A sanitation plant which addresses on -site fealties os well as oft -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. hiotwilhsiand ill the reauirementi set forth above. PZAB and city commission approval shall nt b oe reaufred for such establishments when iscafeed to the Midtown area (as set forth in Appendix C o` the Miami 21 Code, a'so known as "SD-27' j nor for the areaofDowntown Miarnk defined herein in those portions of the downtown area with T 6 zonhta that are bounded on the ;ouch by SEISW 15th Road. on the east by Biscayne Aay. on the north by NE/NW 5th Street. and on the West by 1-95; nor for +hose properties with T-6 zoning, as set forth in the Miami 2! Code, located within the Southeast Overtown/Park West and Omni CRA areas. In addifon, PZAB and city commission approval shall also not be required for any such establishment approved by an alternate administrative process when located in an established special district or entertainment district as set forth In section • -11." Pal 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 t-95" • Proposed Resolution/s: . Retain exemption of PZAB and city commission approval for such eslab6shments 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 the 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 i-95" with "Flogler District" 3 Submitted into the public recoidif���� �s) on issue 3: Distance Requirements it\ Clerk • Current Ch.4 "Sec. 4-13. - Central business district and central deslan district distance reaulremerrfs. fa) The restrictions as to distance between ststablishments as set forth shall rrot aoply withn, the pownfown Central Business District and the Central Design District cs defined herein. (b) Retail beverage licenses for restaurants, cafes, cafeterias and defcatessens may be issued limiting the number of permitted licenses for the sale of alcoholic beverages subject to the foi owing minimum conditions, restrictions and imitations. (I) The number of such licenses shall be as permitted by the Charter and/or state law. (2) Accommodations for service of 50 or more patrons at tables at one establshr' ent shaI be provided. (3) Sale of alcoholic beverages shal be inncidental 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 consumption of cicoholc 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 license shall always be subject to Inspections by the city manager or his designee for the purpose of determining that such restaurants are complying with the aforementioned requirements. (7) The restaurant shall have no signs advertising such retail beverage o• liquor store, or the sale of alco%rok beverages therein, upon the exterior, or to be visible tom the exterior of ary such restaurant. • (8) The seta) beverage or Ilquor store license stall not be severable from the restaurant Ocense in conjunction with which it is issued. • 1'8Z 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 "Flagle- 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 linger Any Estcbrshment None Boundaries as defined In Exhibit G 4 Submitted into the public record r tq n ) Q a) t on , if City Clerk Issue 4: Microbreweeies wtit i 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 rnur'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