HomeMy WebLinkAboutSubmittal-Elena Bondarenko-Downtown Development Authority Resolution No. 020-2017Submitted into the public
record fpr its (s) rj �0
�_.
RESOLUTION NO. 020/2017 on Z City Clerk
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MiA)&
DOWNTOWN DEVELOPMENT AUTHORITY ("MIAMI DDA' OF THE
CITY OF MIAMI, FLORIDA, WTTH ATTACHMENTS, URGING THE
CITY OF MLkMl TO WLEMENT ADDITIONAL UPDATES TO THE
PROPOSED AMENDMENT'S 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'l 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 understsnd,
and challenging to enforce; and
WHEREAS, in order to address these various difficulties, the City is proposing a complete rewrite of
Chapter 4 of the City Code to make it more user friendly 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 currently scheduled to consider the prq;xx d 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 WAMi
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA'):
Section 1. The recitals are true and correct and are adopted by reference and incorporated as iif
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.
PASSED AND ADOPTED THIS 19'h
G(.
e M.
ATTEST: {
a
Secretary to the Board of Directors
May, 7017.
Chairman
Executive Director
\YV I \ ` \\ ow�,o�
14�� 5�����+u\- �1e�a doh�are�n�(o-�a'�WA�v�o�ne�t �vWwi�� �t-AV-uA uo,
TL;esdcy, May 91h, 2017
Planning & Zoning w/
Central Commercial Distrlcf Stakeholders &
the Downtown. Development Authority {DDA',
AGENDA
Submitted into( pub i ; ��
record or it m s
on City Clerk
Subject: Chapter 4 update: 1100 v. Miami 21
Issue T: 'Central commercial dlshlet'
• Current ChA Sec. 4-2 defines 'Cer.trof commercial district' as:
o "That area defined as foGows: Beginning at the intersector. of Biscayne Bay
and the Miami River and fotowing the Miami River in a westerly direction to the
centerine of South Miami Avenue, and thence north along the sold centerline of
South Miami Avenue to the centerifne of S.W. Fourth Street, thence west ofong
sa':d centerline of said S.W. Fourth Street to the west lot fine extended of lot 16,
block 135N, Miamt (A.L. Knowlton), thence north colnciding with the said
extended westerly lot line of lot 16 and continuing north coinclding 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 NX Fifth Street, thence east along the said
center0ne of N.W. Fifth Street to the centerline of North Mloml Avenue, thence
north along the centerffne of North Miami Avenue to the center7ne of N.E. Sixth
Street, thence east alone the centerline of N.E. Sixth Street as projected to
Biscayne Bay, and thence along the westerly shoreline of Biscayne Boy in a
southerly direction to the point of beginning."
• PI3Z Update Sec. 42 eliminates the 'Central commercial district and defires on 'Urban
Central Business District' as:
"Urban Central Business District f UCBDJ: Is intended to apply to the central
commercial, financial and oMce care of the metropolitan region. The UCSD
contains high intensity, high density rnulti-use development to inciude: retail;
professionof and govemmenta; office uses; cultural, recreaifond and
entertainment facilities; high density residential; hotels and motels; and
appropriate Indusirlol activit'es. The boundaries for the UCBD are set forth in Exhibit
A
Background. The 'Commercial central dis}rfct' has historically been recognized as a
unique dfstricf w/:thin the Downtown Corridor. The new language epands the district
boundaries white homogenizing zoning code throughout and eliiminaiing the parameters
that promote a Cafe District.
• Proposed Resolution/r.
1. Maintain defined boundaries of the 'Central cornmercla' district.
Alternately,
2. Insert following into P8Z UDdate Sec.4-8: SDeciofty Districts:
Quantity of
Dlslrld
Location
Type of
Permit Permits -
Hours of
License
Maximum
Closing
Ca
Central
See Exhibij
2 COP and
Alcohol
`
commercial
None
5:00AM,
G
4 COP
Reservation
district
Submitted into t) pub 'e ta recordfor i m(s
on City Clerk
Issue 2A: Hours during which sales are allowed.
• FlaglerStreet Property Owners propose the folilowing hours forsa'es Within the 'Central
Cornmerd;al Dktt l.'A: agler District':
Establishment
License
Operation
From
To
Notes
Typo
Alcohol Serv'ce
Mon - Sur.
7:OOAM
3:O0AW
Establishment
2COP,
I
4COP
Bottle Club
4COP
i Mon - Sur.
7:O0AM
3:O0AW
Mon - Sat
7:OOAM
12:OOAM
• Single Beer sales
Package Store
prohibited.
(sealed
3APS
•Liquor in containers of
cordolners)
6.5oz. or less prohibited.
Sunday
12:OOPM
12:OOAM
Convenience
Mon -Sun
7:OOAM
12:OOAM
•Single Beer sales
Store
prohibited.
ZAPS, ZAPS
-Liquor In containen of f
6.5oz. or less prohibited.
Lodging or
Mon -Sun
7:OOAM
3:O0AM
Residential uses
2COP,
(ancillaryj
4COP
Private Club
4COP
Mon - Sun
7:00AM
3:ODAM
Restaurant
2COP,
Nbn - Sun
7:OOAM
5:OOAM
i
4COP
Cafe
2COP
Nbn - Sun
7:OOAM
3:OOAM
Retail Speciolty
Mon - Sun
7:00AM
3:00AM
2COP,
Center
4COP
Waterfront
Nbn - Sun
7:OOAM
3:O0AM
2COP,
Specialty
Centex
4COP
Other
ANY
Non - Sun
7:00AM
3:00AM
Establishments
issue 29: Extended hours
• CURRENT Ch. 4 Sec. 43.2. Public hearing approval for use and extended holxs.
'krespec9ve of oiharopoleable zoning reaulaliorss: all bars DraluciF9 taverns, pubs and toungedl as Wily iple Uses
sholl be subject to op=xovd by the Plernng Zoning and Appeals Board r P2 ABI by process of erroepiton. as set forth In the
Miami 21 Code; and all nlghidubs and supper clubs shat only be pemsl"d by process of ezcepllon, as set forth In to
Mlemi 21 Code. v0h fins' approval by the city commIssion.
In determinhi; the appropriateness of such uses, the HAD and the ciiy corrvnimion ahC1 fake inio consideration the
recommendatror. of the planning depertment based on the following materials to be subrnitted by the epp2cani as
aliterlC_
m An oparotlond)businou plan that addressing haus of operation, number of emp4yoft mere Mems,
goals of bo shes. and other operational charaeterWics pertinent to the appkallon.
b. A paddrsg pion which fury descrtbes where and how the parkV is to be p:ov:ded and ullitaed, eq..
valet. self park, stared parking, atler-hour metered spaces. and the marcor In wtich the parilli b to be
manomd. The city commission or the PZA6 may as pa" of file app*xAm, grant approval for I OD pereard
Submitted into the public
record for i m(s) S�, �Jv
on City Clerk
f. A sarrtot%n plarL which addresses onsite fac7ifies os well as off -premises issues resutYng from the
operatlon of the establishment.
g. Prordm!ty of proposed estabbhment to residential uses.
h. h the proposed estabrahment b wtthin 200 feet of residential sues: a nolse cttenuation plan that
addresses how noise will be controlled shall be requires, especially in the case o' indoo.r/outdoor uses.
Notwf starigUM the reaulmneimb ref forth above, PZAII and city commbio aaaroyof shall
not be reauaed for such eitabflshments when located to the Midtown area (as set forth in
Appendix C o` the M' cm! 21 Code, also known as "SD -27"1 nor for the area cfDowntown Mfafe .
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 areas.
In addifon, PZAB and city commission approval shall also not be required for any such
estab,"shment approved by on alternate adminlcfiotive process when located !n an estabilshed
special dlsiffcf or entertainment dlshtct as set forth In section 4-11. "
• PBZ- Proposed Update:
o Elirrinates exemption "for the area of Downtown Miarni, defined herein as those
portions of the downtown area with T-6 zoning that are bounded on the south by
SE/SW 1Sth Road, on the east by Biscayne Bay, or, the north by NE/NW 5th Street,
and on Ine West by 1-95"
Proposed Resolution/s:
Retain exemption of PZAB and city commission approval for such
establishments when located In the area of Downtown Mimi, 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 "Flagler District"
Submitted into the public
record for it m(s) 5 i ' 0
on � J City Clerk
issue 3: Distance Requirements
• Current Ch.4
"Sec. 415. - Cenbal business didrid and central dodan dhM& distance reauiremenfs.
tat The re-Mcffens as to disfaate bafwaarl astab8shmeaft as set fadh shad not a"& withlp the
powntown Centras aushms Wsfdct and the central Design District as defined herein.
(b) Retal beverage ircensw for restautantL cafes, cafeterias and derx:atessens may be Issued IMMng the
number of permitted licenses for the sale of aicohoAc beverages subject to the foilawing Wrilmum
conditions, resMctlons and imftaitonr.
0; The number of such icen. m shall be as permitted by the Charter and/or state law.
(2) Accommodations for service of 50 or more patrons at tables at one establshrnent shaC be
provided.
(3) Sale of alcohok beverages shd be incidental to the sale and consimption of foot:.
(4) Tota! receipts from the sales o! alcoho1c beverages shall not exceed 49 percent of the total
annual gross receipts of s:rch restaurant.
(5) The serWng of or consumption of cl oholic beverages shay be at restazTant tables or counters at
which fu!I course meals (os defined In the Florida Admlrrstrcffve Code) are regularty served.
(6) Restaurants qualifying and holding a retail beverage or liquor store rcense shall ctways be subject
to Inspecilons by the city manager or his designee for the purpose of determining that such
restaurants are complying wtth the aforementioned requlrements.
(7) The restaurant shall have no signs advertising such retail beverage o• Ilquo.• store, or the sale of
alcoholic beverages therein, upon the exterior, or to be visible tram the exterior of any such
restourant.
(B) The VcM beverage or liquor store license stud not be severable from the restaurant license in
conjunction with which it is issued.
P&Z t:pdote:
Eliminates Sec.4-13
• Proposed Resclutfonls:
3. Restore 4-13 (dstance requirement exemptions "within the Downtown
Central Business District,")
Replace "Central business district" and "Downtown Central Busfness
District" with "Flagle- District"
Alternately,
5. Insert following into PdZ Update Sec -4-7: Distance Separation
Regulations
Distrild
EstabQshment
Minimum
NOW
Type
Distance
Distance
Between
Consuirtplion
Boundaries as defined in
Hagler
or. or off the
None
G
Alcohol ServiceErhlbft
p�tm•dses
Es'abifshments
Religious
Flagler
Any
None
Boundaries as defined in
Facliifles
gtabfshment
6chlbit G
Schools
Fogler
Any
' None
3oundaries as defined 1n
EstcVshment
Exhibit G
Submitted into the public
record for itgm�s) �Q�„ W
on I / City Clerk
Isuue 4: Microbroweties wffW the 'Central comnwrclal dlstrkt," or " Ragler Dlstskt"
The P Z Dlrector has recognized that microbreweries have erre ped as effective
ecororn!c aedevelopment toois and IocaWusiness Incubators in many rnur'dpoll+les, and
• Tre M-ector has subsequently publshed an Inter-OMce Memorandum e)qanc°ng
perm'ssibilty of mcxobreweries =nto "existirg specialty au'stural ashicts,"
Proposed Resolution:
1. Property owners request ti^.e e)pwsion of perrr.!ssibility into the
economically depressed and now -blighted "Central eommerdai dlstrlct,"
or "Ragler Disi ic± "