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Ordinance
File Number: 08-01331zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I,
ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2,
ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO
DISTANCE REQUIREMENTS," TO CREATE THE LEMON CITY/LITTLE HAITI
FRENCH CREOLE CULTURAL ARTS AND ENTERTAINMENT DISTRICT,
ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS
FOR TWENTY (20) ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 4, Article I, Section 4-11 of the Code of the City of Miami, Florida, as
amended ("City Code") allows for certain distance exemptions from distance separation requirements ;
and
WHEREAS, the City of Miami has previously approved exemptions from certain distance
separation requirements to promote cultural resources by creating specialty districts, which has helped
foster economic growth in those districts; and
WHEREAS, the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District
is a corridor located on Northeast 2nd Avenue in the heart of the Lemon City/Little Haiti area, that
includes cultural art institutions, museums, galleries, blackbox theater, nightclubs, studios, and
alternative art spaces and warrants the inclusion of distance exemptions for a limited number of
establishments serving alcoholic beverages; and
WHEREAS, the exemptions from certain distance requirements for a limited number of
establishments serving alcoholic beverages in the Lemon City/Little Haiti French Creole Cultural Arts
and Entertainment District will enhance and promote the area; and
WHEREAS, it is in the best interest of the City of Miami to create the Lemon City/Little Haiti
French Creole Cultural Arts and Entertainment District, just as the City of Miami benefited from the
creation of other specialty districts;
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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 4, Article I of the City Code is amended in the following particulars: {1)
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Submitted into the pu lic
reco for i em(s)
on City Clerk
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File Number. 08-01331zt
"CHAPTER 4
Submitted into the public
ALCOHOLIC BEVERAGES record for item(s) . 14'
ARTICLE I. IN GENERAL on City Clerk
Sec. 4-2. Definitions.
(a) For the purposes of this section, the following words and phrases shall have the meanings
respectively ascribed to them; the type of license required by the state is indicated in parenthesis:
Cultural specialty districts: (a) The SW 8th Street corridor from SW 10th to SW 27th Avenues;
(b) the Wynwood Cafe District area as defined in subsection 4-11(k); and (c) 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(1), and (d) 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 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." as defined in subsection 4-11 (m1 (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).
Sec. 4-11. Exceptions to distance requirements.
(m) 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 District, as defined below and as designated by the Citv Commission However,
notwithstanding the foregoing sections distance limitations for public or private elementary
school, middle school, or secondary school excluding however, adult skill centers shall be 500
feet.
(1) Intent. The intent of the District is to allow 20 establishments which may include
nightclub- supper dub, restaurant coffee shop and bar uses to benefit from close
proximity to one another within the District To this end distance requirements within
said district shall be eliminated or modified as described above for a maximum of 20
such establishments within the boundaries specified below.
(2) Boundaries. The District is described as shown in the area depicted (Exhibit "A" to
be included in the body) and as described in Exhibit "B"
(3) Hours of operation. The hours of operation for the sale of alcoholic beverages shall
be restricted for each establishment to no later than 3:00 a.m. Supper clubs nightclubs
and bars will not be open during regular school hours
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Submitted into the public
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File Number. 08-01331zt on City Clerk
(4) Special permit required In order to be granted a permit for such establishments
within this designated cultural specialty district the property owner/applicant shall obtain
a Class II Special Permit as specified in Zoning Ordinance No. 11000 as amended the
zoning ordinance of the city. In reviewing an application for establishments serving
alcoholic beverages the director of the Planning Department shall apply the following
supplemental review guidelines criteria in addition to the standard criteria for Class II
Special Permits as specified in Section 1305 of Zoning Ordinance No 11000:
In reviewing an application for the District Permit for a supper club nightclub
restaurant, coffee shop, or bar, the following additional criteria shall apply'
a. Use requirements and restrictions: To qualify to operate a supper club
ni htclub, 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 operationallbusiness 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 Ordinance 11000
as amended, the zoning ordinance of the City of Miami 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.g., valet self
Park, shared parking, after -hour metered spaces and the manner in which the
parking is to be managed. By a separate Class II Special Permit lin addition to
the Class II Special Permit required for the subiect establishment) 100 percent
of the required parking may be located offsite within a distance of 600 feet from
the subiect establishment if the proposed parking is to be "self -park," and a
distance of 1000 feet from the subiect establishment if the proposed parking is
to be by "valet". For alcoholic and beverage establishments as adaptive re -use
of an existing structure, any square footage used for kitchen and/or storage
areas will not be counted towards parking requirements
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 pain entry into the establishment or alreadv 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 mifigate the impact
Q. -A sanitation plan, which addresses on-site facilities and off -premises issues
resulting from the operation of the establishment
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Fite Number. 08-01331zt
Submitted into the public
record for item(s)
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h. A plan depicting proximity of the proposed establishment to residential uses
i. If the proposed establishment is within 200 feet of residential uses noise
attenuation plan.
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 O. BRU 000/z'
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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