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Ord. No. 09-94-1558ORDINANCE NO.9"94"1558 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OFSOUTHMIAMI,FLORIDA AMENDING SUBSECTION 4-2(A),OF THE CODE OR ORDINANCES,PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE,SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES,TO ELIMINATE THE 500'DISTANCE REQUIREMENT BETWEEN NIOTTCLUBS,BARS AND LOUNGES AND THE 300'DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of South Miami enacted Ordinance Number 128, section 2,on September 24,1940,and the ordinance has been amended various times,to provide for the regulation of the manufacture,sale and distribution of alcoholic beverages;and, WHEREAS,the restrictions are codified in the Code of Ordinances as Section 4-2;and, WHEREAS,Subsection 4-2(a)(3)provides distance limitations between licensed establishments andother land uses;and, WHEREAS,the distance limitations prohibit the location of nightclubs,bars and lounges within 500'of each other,and it prohibits the location of licensed restaurants within 300'of each other;and, WHEREAS,the Mayor and the City Commission find that it is desirable to eliminate the referenced distance limitations for nightclubs,bars,lounges,and for restaurants located in retail and commercial zoning districts. NOW,THEREFORE,BE IT ORDAINED BYTHE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The distance matrix that is incorporated by reference into Paragraph (3)of Subsection 4-2(a)is amended as follows: In the columns for the categories for Restaurants,Bars/Lounges and Nightclub delete the spacing requirements in their entirety. Section 2.Ifany section,clause,sentence,orphraseof thisordinanceisforanyreasonheldinvalidorunconstitutional bya court of competent jurisdiction,the holding shall not affect thevalidityoftheremaining portions ofthis ordinance. Section 3.All ordinances or parts of ordinances in conflict withthe provisions of this ordinance are hereby repealed. Section 4.This ordinance shalltake effect immediatelyat the time of its passage. PASSED AND ADOPTED this 14 day of June/U.,1994. CITY ^eLERK READ AND APFROVED AS '::0 DOHA 1/I G,/U CITY ATTORNEY bev.era APPROVED: MAYOR CO •a •a f •fe- 4* 00 RECOMMENDEDBYTHEPLANNINGBOARDONMAY31,1994 Spacing Required (Feet) Restaurants Bar/lounge Nightclub Grocerystore Supermarkets Packagestores Giftbaskets Nonconforming uses a G 500 500 500 500 500 500 S ."a 500 500 500 500 3 2 a a 8 ~>8£ ^ofii JQCL a ! *JJ©§^ ^ea ;socr a •I J&G, sea #60. 2fi o•* <«*v, «3«« b1 uo Qg. Jba 13^ 8 IS c3 3 to a to 1 i I 0OJ t to _^____I''—con outsideoftheHometownDistrict. To: From: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM William F.Hampton City Manager Dean Mimms,AICP Director of Building,Zoning& Community Development Dept /kiv \ Date:June 6,1994 Re:Ordinance regarding Distances Between Establishments which serve Alcoholic Beverages OnMay31,1994,the Planning Boardvotedunanimously(5:0)to approve theadoption of the proposed ordinance to remove the requirements for minimum distances between establishments that serve alcoholic beverages,specifically restaurants,bars,lounges and nightclubs. ThePlanningBoardalso recommended languageintendedto remove distance requirements between such establishments and residential properties contiguous tothe Hometown District. Thislanguageisstatedintheattachedminutesandexemptsanyestablishmentwhichserves alcoholicbeverageswithintheHometownDistrictfromthe500-footdistancerequirementfrom residentialpropertylocatedbothwithinandadjacenttotheHometownDistrict. ThePlanningBoardmadeasignificantpointinthattheHometownDistrictisboundedonthe south bythe "RM-24"MediumDensity Multi-Family Residential zoningdistrict.Withouttheir proposed exemption,anyproposedrestaurantorotherestablishmentwouldnotbe permitted to servealcoholicbeveragesifitwerelocatedsouthofS.W.73StreetintheHometownDistrict. BoththeCityCommissionandthePlanningBoardhaveproposedlanguageinordertoremove theexistingrestrictionswhichprecluderestaurantsandotherestablishmentsfromobtaining licensestoservealcoholicbeverageswithintheHometownDistrict.Unliketheordinanceas proposed bytheCity Commission,the amendment proposed bythe Planning Board would allow establishments within the Hometown District which serve alcoholic beverages tobelessthan500 feetfrom residential propertieslocatedoutsideoftheHometownDistrict.This amendment would offerlessprotectionofthe residential characterforresidentialareasjustoutsideofthe Hometown DistrictthantheordinanceasproposedbytheCityCommission,andisnotan amendmentthatIfavor.Theproposed,unamendedordinanceofferssubstantialopportunityfor locating additional establishments serving alcoholic beverageswithinthe Hometown Districtand shouldbeapprovedasis.TheCitycancertainlyexamineadditionalchangestothe spacing requirementsinthefuture,buttheamendmentproposedbythePlanningBoardwouldneedto beexaminedatthattimeforits desirability bothintermsof protection of residentialcharacter andofofferingtheconstitutionalguarantyof "equal protectionofthelaws"toallpersonsor classesofpersonswithintheCity,andnotjustthosecontiguoustotheHometownDistrict. ItismyrecommendationthattheordinanceproposedbytheCityCommissionbeapproved. IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Ms.Thorner read the request.Mr.Eisenhart asked Staff for comments.Staff recommended approval ofthe application.Mr. Eisenhart opened public hearing.Mr.Drew Brunetti of JDKL,Inc., spoke in favor ofthe ordinance.Mr.Eisenhart closed public hearing and opened executive session.Upon Mr.Lefley's inquiry, Staff clarified fortheBoardthatthischangewouldaffectthe whole City,notonlythe Hometown District.Ms.Thorner suggested removingthe500 foot-requirement forthoseestablishments (restaurants,bars/lounges,et al.)located near multi-family residential areas. Motion:Mr.Gutierrez made a motion to approve the ordinance with the following stipulation:Thatthespacing requirements between restaurants,bars/lounges,nightclubs,andpackagestores,asthose requirements pertain to residential dwellings -including those dwellings located outside of the Hometown District -be eliminated fromwithinthe City's Hometown District only.(For clarification purposes,Mr.Mimms askedifthe500-footspacing requirement,as it relates to residential properties located outside but adjacent totheHometownDistrict,wouldnotapply.Mr.Gutierrezconcurred with the clarification).Mr.Parr seconded the motion. Vote:Approved:5 Opposed:0 Mr.Mackey concluded by stating that this item,PB-94-010,is scheduled tobe heard by the City Commission on June 14,1994. IV.Approval of the Minutes of April 26,1994 Mr.Gutierrez made a motion to approve the Minutes of April 26, 1994.Mr.Parr seconded the motion. Vote:Approved:4 Abstained:1 Ms.Thorner V.Remarks. Mr.GutierrezmovedtomakearecommendationtotheCityCommission that the present 4-foot height limit on hedges be removed and therebyincreasedtoseven (7)feetinheight.Mr.Parrseconded the recommendation. Vote:Approved:5 Opposed:0 Mr.Parr announced his resignation from the Planning Board, effectivewiththeMay 31,1994meeting. To: From: Mayor &Ci J CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Date:June 6,1994 6/14/94 Commission Agenda Re:Item #4:Removal of the Distance Requirements Between Establishments Which Serve Alcoholic Beverages Background; The current distance requirements between establishments that serve alcoholic beverages preclude anynew establishment from obtaining a license for on-premises consumption within the HometownDistrict.From discussionwithmany restaurateurs,thefinancialfeasibility of any newestablishmentisverylimitedbysuchregulationswhich prohibit thesale of alcoholic beverages(especially,wineandbeer)whichusuallysubsidizesfoodsales. Removal of the distance requirements between establishments will foster and encourage development inthe Hometown District of new restaurant usesandthe resulting economic activity associatedwith these establishments.OnceagaintheCity demonstrates its willingness to critically examine its regulations andto promote the economic rejuvenation of our downtown, as envisioned in the Hometown Plan. Recommendation: 1.Advantage to City:The removal of artificial distance barriers between businesses that servealcoholicbeveragesmaycreatemore walk-about activityintheHometownDistrict which will benefit our retail sales. 2.Disadvantages to City:None. 3.This Ordinance is sponsored by Mayor Carver. 4.This Ordinance amends Section 4-2 (a)of the Code of Ordinances. 5.The Planning Board voted 5:0 onMay31,1994 to recommend approval of the proposed Ordinance withthe following modification:That the spacing requirements between restaurants,bars/lounges,nightclubs,and package stores,as those requirements pertain to residential dwellings -including those dwellings located outside of the Hometown District -be eliminated from within the City's Hometown District only.(For clarification Page2 purposes,Mr.Mimms asked if the 500-foot spacing requirement,asitrelatesto residential properties located outside but adjacenttothe Hometown District,would not apply.The Boardconcurred with this clarification.)