HomeMy WebLinkAboutPZAB (6589) Resolution111111
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City of Miami
PZAB Resolution
Enactment Number: PZAB-R-19-045
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 6589
Final Action Date: 10/16/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), FAILING TO RECOMMEND APPROVAL TO THE MIAMI CITY
COMMISSION OF AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ALCOHOLIC
BEVERAGES," MORE PARTICULARLY BY AMENDING SECTION 4-5 TO ADD AN
EXCEPTION TO DISTANCE SEPARATION FROM RELIGIOUS FACILITIES IN THE
LIBERTY CITY AND LITTLE HAITI SPECIALTY DISTRICT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida expressly shifts power to municipalities to enact
ordinances regulating alcoholic beverages with regard to hours of operation, locations of
businesses, and types of entertainment among others; and
WHEREAS, the City of Miami ("City") has incorporated regulations with respect to the
sale of alcoholic beverages in Chapter 4 of the Code of the City of Miami, Florida, as amended
("City Code"); and
WHEREAS, the PZAB, at its meeting on October 16, 2019, following an advertised
public hearing, there was a motion to approve the Zoning Text Change which failed by a vote of
three to four (3-4); and
WHEREAS, the PZAB, after careful consideration of this matter, did not deem it
advisable and in the best interest of the general welfare of the City and its citizens to
recommend amendment to Chapter 4 of the City Code as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted and incorporated as if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board failed to recommend approval
to the Miami City Commission an Ordinance amending Chapter 4 of the Code of the City of
Miami, Florida, as amended, titled "Alcoholic Beverages," more particularly by amending section
4-5 to add an exception to distance separation from religious facilities in the Liberty City and
Little Haiti Specialty District, in the following particulars:
"CHAPTER 4
ALCOHOLIC BEVERAGES
City of Miami Page 1 of 3 File ID: 6589 (Revision: A) Printed On: 10/22/2019
Sec. 4-5. Specialty Districts.
The restrictions as to distances between Alcohol Service Establishments herein shall not be
applicable within a Specialty District as defined in Section 4-2 of the City Code as designated by
the City Commission and pursuant to Section 562.45(2)(a), Florida Statutes. Location of Alcohol
Service Establishments within a Specialty District shall not be utilized when calculating distance
requirements of religious facilities and Alcohol Service Establishments located outside the
Specialty District, whether existing or new. The following Specialty Districts within the City are
described below:
Specialty
Permit and
Hours of
Notes
District
Cap
Closing
8th Street
Exhibit "F"
Warrant
No Cap
3:00 a.m.
• Shall not be located less than 500 feet from a
School.
• Shall not be located less than 300 feet from a
religious facility.
Liberty City
Exhibit "G"
Warrant
30 Total
3:00 a.m.
. Shall be closed during School hours.
• Shall not be located less than 300 feet from a
School.
• Shall have no distance separation
requirements from a religious facility.
Little Haiti
Exhibit "H"
Warrant
20 Total
3:00 a.m.
• Shall be closed during School hours.
• Shall not be located less than 300 feet from a
School.
• Shall have no distance separation
requirements from a religious facility.
Orange Bowl
Exhibit "I"
Warrant
8 Total
3:00 a.m.
• Shall not be located less than 1,000 feet from
a School.
• Extension of hours to 5:00 a.m. allowed by
Exception as outlined in Section 4-7.
Wynwood
Cafe
Exhibit "J"
Warrant
No Cap
3:00 a.m.
• Shall be dosed during School hours.
• Shall not be located less than 500 feet from a
School.
• Shall not be located less than 500 feet
between other Alcohol Service
Establishments.
Flagler
Exhibit "R"
By Right
No Cap
5:00 a.m.
• Shall have no distance separation
requirements from a School or religious
facility.
Miami
Riverside
Warrant
7 Total
5:00 a.m.
• Shall be closed during School hours.
City of Miami
Page 2 of 3
File ID: 6589 (Revision: A) Printed On: 10/22/2019
Exhibit "S"
Section 3. It is recommended that all Ordinances or parts of an Ordinance that are
inconsistent or in conflict with this amendment be repealed.
Section 4. If any section, part of a section, paragraph, clause, phrase or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 5. This Resolution shall become effective immediately upon adoption
thereof.
1022j22l
ncls� arcia, Director Execution 'Date
pa ment of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Er+cot Let. Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
ZZ SWORN AND SUBSCRIBED BEFORE ME THIS ' DAY OF OC D bet', 2019
Geri C' Go,rrza �Z
Print Notary Name Personally know V
or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
is State of Florida
My Commission Expires:
SILVIA GONZALEZ
;*_ MY COMMISSION # GG 051561
11411
,�n� oc EXPIRES: November 30, 2020
e4'o of Bonded Thru Notary Public Underwriters
City of Miami Page 3 of 3 File ID: 6589 (Revision: A) Printed On: 10/22/2019