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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± "