2017-4067 Ordinance 17TH STREET SOUTH
ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS
ORDINANCE NO 2017-4067
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," AT DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-
332, "MAIN PERMITTED USES"; TO AMEND THE
OPERATION, LOCATION, AND USE RESTRICTIONS FOR
ENTERTAINMENT, DANCE HALL AND ALCOHOLIC
BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH
STREET, BETWEEN LENOX AVENUE AND MERIDIAN
AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING
LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD;
PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the 17th Street corridor has historically been composed of low intensity
retail, service and retail establishments, which primarily serve City residents; and
WHEREAS, alcoholic beverage establishments in Miami Beach have been historically
concentrated in the commercial and mixed-use entertainment districts along Washington
Avenue, Collins Avenue, and Ocean Drive; and
WHEREAS, the Palm View neighborhood, located to the north of 17th Street and to the
south of the Collins Canal, is comprised of mainly single family residential uses and is divided
by 17th Street from a CD-3 commercial high intensity district; and
WHEREAS, the City Code allows certain uses within the CD-3 district, which, absent
mitigation, could be incompatible with adjacent residential uses in the Palm View neighborhood;
and
WHEREAS, stand-alone bars, entertainment establishments, and dance halls can
sometimes be incompatible with the low scale character and quality of life of adjacent residential
neighborhoods if not regulated; and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the low-scale character of the neighborhood; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process
challenges to Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort
Lauderdale (Fla. 1973)); and
WHEREAS, in State ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable
regulations may prohibit the sale of such liquors within certain hours, and also may prohibit
the sale of liquors within certain zones"; and
WHEREAS, in Makos v. Prince (Fla. 1953), the Florida Supreme Court recognized
that a county may establish separate zones for the hours of sale of alcoholic beverages, and
that the regulation of hours need not be uniform throughout the county as a whole; and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic
beverages (See Village of North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012);
Other Place of Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, Chapter 1, of the Land Use Element, Objective 2, "Land Use
Compatibility," of the City's 2025 Comprehensive Plan (hereinafter "Plan"), specifies that the
City's land development regulations will be used to address the location, type, size and
intensity of land uses and to ensure adequate land use compatibility between residential and
non-residential land uses; and
WHEREAS, Policy 2.1 of the Plan provides that the land development regulations
shall continue to address the location and extent of nonresidential land uses in accordance
with the Future L and Use map and the policies and descriptions of types, sizes and
intensities of land uses contained in [the Future Land Use] Element; and
WHEREAS, Policy 2.2 of the Plan provides that development in land use categories
which permit both residential and non-residential uses shall be regulated by formalized land
development regulations which are designed to ensure adequate land use compatibility; and
WHEREAS, compatibility shall be achieved by one or more of the following: (1)
enumeration of special land uses which may be particularly incompatible with residential uses
and may be prohibited in specified areas or zoning districts; (2) enumeration of special land
use administrative procedures such as Conditional Use approval, which require public
hearings prior to special land use approval; (3) enumeration of special land use criteria such
as minimum required distance separations from residential districts or uses or allowable
hours of operation, to ensure that non-residential special land uses are properly located with
respect to any residential uses to which they may be incompatible; and (4) the vertical
separation of residential and non-residential uses within mixed use buildings through the use
of land use regulations on accessory uses within residential buildings, and the identification
of those types of commercial uses which are particularly incompatible with residential uses
and which shall therefore NOT be permitted in mixed use buildings; and,
WHEREAS, in determining incompatibility, consideration shall be given to noise,
lighting, shadows, access, traffic, parking, height, bulk, landscaping, hours of operation,
buffering and any other criteria that may be important to ensure that necessary safeguards
are provided for the protection of surrounding property, persons, and neighborhood values;
and
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WHEREAS, in accordance with Chapter 1, Objective 2, Policies 2.1 and 2.2 of the
Plan, is it is desirable to encourage uses in commercial districts that are properly balanced
and compatible with the scale, character and context of adjacent residential neighborhoods;
and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD-3, Commercial, High Intensity District," is hereby amended as follows:
DIVISION 6. - CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartment/hotels; hotels, alcoholic beverage establishments pursuant to the
regulations set forth in Chapter 6, and religious institutions with occupancy of 199 persons or
less. Offices are prohibited on the ground floor on that portion of Lincoln Road which is closed to
traffic, unless the office area is located in a mezzanine, or at least 75 feet back from the
storefront; also apartments, apartment/hotels and hotels located on that portion of Lincoln Road
shall comply with section 142-335. For properties located south of 17th Street, between Lenox
Avenue and Meridian Avenue, and properties with a lot line adjoining Lincoln Road, from Collins
Avenue to Alton Road, dance halls (as defined in section 114-1 of this Code) licensed as
alcoholic beverage establishments shall only operate as restaurants with full kitchens and
serving full meals. Additionally, such dance halls, on
properties located south of 17th Street, between Lenox Avenue and Meridian Avenue, and
properties with a lot line adioininq Lincoln Road, from Collins Avenue to Alton Road, shall be
required to install a double door vestibule at all access points from the sidewalk, with the•
exception of emergency exits. = !- --- - - -- --- - -- - • - ".- - ---
minimum-ef--1404:Fetel-units.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
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such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This ordinance shall not apply to any valid, pre-existing permitted use with a valid
business tax receipt (BTR).
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this // day of Jemuo ' , 2017.
ATTEST: Philip -
Maya ,
r) V,• B ,
Rafael E. Granado _� ' •
City Clerk
First Reading: December 14, 2016 : 4‘ .INCCRP ORATED:
Second Reading: January 11, 2017 t` '. n�
I 4-0)
Verified By
Thomas R. Mooney, AICP
- ' AFP,ROVED AS TO
Planning Director FORM &LANGUAGE
&FOR EXE UTION
Crl
City Attorney \\ W--
Date
T:WGENDA\2017\1 -January\Planning\17th Street Alcohol Regulations-Second Reading ORD(as amended).docx
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 11, 2017
10:05 a.m. Second Reading Public Hearing
SUBJECT: 17TH STREET SOUTH ALCOHOLIC BEVERAGE ESTABLISHMENT
REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6,
"CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-332, "MAIN
PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND USE
RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC
BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET,
BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH
A LOT LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON
ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the adopt the ordinance.
ANALYSIS
BACKGROUND
At the February 10, 2016 City Commission meeting, while discussing item R5F, concerning the
consolidation ordinance for alcoholic beverages, the Commission referred a discussion item to the
Land Use and Development Committee (LUDC) pertaining to separate alcohol regulations for Alton
Road and 17th Street. This proposal was sponsored by Commissioner Joy Malakoff.
On February 17, 2016, the LUDC discussed the item and continued the matter to March 30, 2016.
Staff was instructed to prepare a draft ordinance in accordance with the discussion, for review on
March 30, 2016. On March 30, 2016, the Land Use Committee reviewed the proposed ordinance and
transmitted it to the City Commission with a favorable recommendation.
Initially the proposed modifications were to be located in Chapter 6 of the City Code. Subsequent to
the recommendation of the Land Use Committee, it was determined that the modifications needed to
be in Chapter 142 of the Land Development Regulations, so that all regulations regarding alcohol
hours of operation and conditional use criteria be located within the same chapter.
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•
On April 13, 2016, the City Commission approved the proposed ordinance at First Reading and set a
Second Reading Hearing for May 11, 2016. The City Commission also referred the item to the
Planning Board, prior to Second Reading. Additionally, the City Commission requested that the
Planning Board further study the 17th Street portion of the legislation, particularly as it pertains to a
100-foot distance separation from single family uses.
On April 19, 2016, the Planning Board reviewed the proposed Ordinance and took the following
action:
1. The Alton Road portion of the ordinance was transmitted with a favorable recommendation (6-
1).
1. The 17th Street portion of the ordinance was transmitted with an unfavorable recommendation
(7-0) and the Board further recommended that this portion of the legislation be bi-fricated for
further study.
On May 11, 2016, the City Commission approved the Alton Road portion of the legislation, and
referred the 17th Street part back to the Land Use Committee for further study. On May 18, 2016, the
Land Use Committee continued this item to June 15, 2016. On June 15, 2016 the Land Use
Committee discussed the item and directed staff to revise the ordinance to amend Sec 142-332, and
to require that entertainment establishments in the affected area also include full kitchens. The
matter was continued to the July 20, 2016 meeting of the LUDC.
On July 20,_2016 the Land Use Committee endorsed the proposal, and recommended that the
proposed new language in Sec. 142-332 only be applicable to 'dance halls'. Additionally, the
Committee recommended that both dance halls and entertainment establishments in the affected
areas be required to have double door vestibules from all sidewalk access points. These changes
have been incorporated into the draft Ordinance for referral.
On September 14, 2016, at the request of Commissioner Joy Malakoff, the City Commission referred
the subject Ordinance to the Planning Board (Item C4 D).
ANALYSIS
The south side of 17th Street, between Meridian Avenue and Lenox Avenue, is zoned commercial
high-intensity (CD-3). This area is directly across the street from residential uses (RM-1 and RS-4)
in the Palm View Historic District, which is comprised of low-rise apartment buildings and single
family homes. Residents from Palm View have expressed a strong desire for operational restrictions
on eating and drinking establishments to the south of 17th Street, particularly with regard to the hours
of operation, outdoor areas, and entertainment uses.
Certain operational standards and regulations exist in the zoning code for the other parts of the City
(e.g. North Beach, South of Fifth, and Sunset Harbor) that have a mixture of residential uses and
destination eating and drinking establishments. However, new establishments proposed to be
located along 17th Street do not currently have the same type of regulations.
Currently, alcoholic beverage and entertainment establishments not exceeding specified occupational
load thresholds do not require Conditional Use review by the Planning Board in the commercial
zoning districts along 17th Street. These thresholds are an occupational load of 300 or more persons
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for eating and drinking establishments without entertainment and an occupational load of 200 or
more persons for establishments with entertainment; the occupational load is determined by the Fire
Marshall. Additionally, 5:00 am liquor licenses are permitted.
At the direction of the City Commission on May 11, 2016, staff drafted a revised ordinance, specific to
the 17th Street area. The previous draft legislation had proposed operational requirements and hours
restrictions on alcoholic beverage establishments and outdoor areas for properties south of 17th
Street, from Meridian to Lenox Avenues.
These initial draft requirements applied to establishments where the entrance door of which was
located within 100 feet of a single family residential use. However, the 100-foot distance separation
proposed under the prior ordinance draft would have only affected a very limited number of
properties. Pursuant to the direction of the Land Use Committee, the attached ordinance has been
revised and updated to include the following revision to sec 142-332:
For properties located south of 17th Street, between Lenox Avenue and Meridian Avenue,
and properties with a lot line adjoining Lincoln Road, from Collins Avenue to Alton Road,
dance halls (as defined in section 114-1 of this Code) licensed as alcoholic beverage
establishments shall only operate as restaurants with full kitchens and serving full meals.
Additionally, such dance halls, as well as entertainment establishments, on properties
located south of 17th Street, between Lenox Avenue and Meridian Avenue, and properties
with a lot line adjoining Lincoln Road, from Collins Avenue to Alton Road, shall be required
to install a double door vestibule at all access points from the sidewalk, with the exception of
emergency exits
PLANNING BOARD REVIEW
On November 15, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation. Additionally, the Planning Board
recommended protections against dance halls from operating in the RM-3 district, at the eastern end
of Lincoln Road (east of Collins Avenue). Specifically, concerns were expressed with the language
proposed for deletion, which previously applied to the eastern end of Lincoln Road when the
properties east of Collins Avenue were zoned CD-3; such properties are now zoned RM-3.
It should be noted, however, that the section of the code proposed for amendment has always been,
and is still specific to the CD-3 district. Additionally, in the RM-3 district, dance halls would only be
permitted as an accessory use to a hotel and in most instances would require Conditional use
Approval.
UPDATE
On December 14, 2016, the City Commission approved the subject ordinance at First Reading,
with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
FINANCIAL INFORMATION
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In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Joy Malakoff
ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
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22NE NEIGHBORS THURSDAY DECEMBER 292016
MIAMI 11 ERA ID.COM
Mii` 1.i3 _AC_H MIArv11BEACH
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
JANUARY 11, 2017
NOTICE IS HEREBY given that a public hearing will be held by the Mayor and 17TH STREET SOUTH ALCOHOLIC
City Commissioners of the City of Miami Beach, Florida, in the Commission
Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, BEVERAGE ESTABLISHMENT
Florida, on January.11, 2017, at the time listed. or as soon thereafter as the REGULATIONS:
matter can be heard,to consider:
11:45 a.m. •
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF JANUARY 11, 2017
MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2016/17. NOTICE IS HEREBY given that a Second Reading,Public Hearing,will be heard by the
This Resolution is being heard pursuant to Sections 166.041 and 166.241 F.S. Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Inquiries may be directed to the Office of Budget&Performance Improvement at Chamber.3'0 Floor,City Hall,1700 Convention Center Drive.Miami Beach,Florida,on
305.673.7510. January 11,2017 at 10:05 a.m.,or as soon thereafter as the matter can be heard,to
consider the adoption of the following Ordinance:
INTERESTED PARTIES are invited to appear at this meeting,or be represented by
an agent,or to express their views in writing addressed to the City Commission, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
c/o the City Clerk, 1700 Convention Center Drive, 1' Floor, City Hall, Miami MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
Beach,Florida 33139.This item is available for public inspection during normal AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION
business hours in the Office of the City Clerk, 1700 Convention Center Drive, 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-332,
1"Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein, "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND
may be continued,and under such circumstances,additional legal notice need USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC
not be provided. BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET,BETWEEN
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT
that if a person decides to appeal any decision made by the City Commission LINE ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON
with respect to any matter considered at its meeting or its hearing,such person ROAD;PROVIDING FOR CODIFICATION;REPEALER;SEVERABILITY;AND AN
must ensure that a verbatim record of the proceedings is made,which record EFFECTIVE DATE.
includes the testimony and evidence upon which the appeal is to be based.This This Ordinance is being heard pursuant to Section 118-164 of the City's Land
notice does not constitute consent by the City for the introduction or admission Development Code, Section 2.05 of the City Charter and Section 166.041 Florida
of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges Statues.Inquiries may be directed to the Planning Department at 305.673.7550.
or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day INTERESTED PARTIES are Invited to appear at this meeting,or be represented by an
notice required),information on access for persons with disabilities,and/or any agent,or to express their views in writing addressed to the City Commission,c/o the
accommodation to review any document or participate in any City-sponsored
City Clerk, 1700 Convention Center Drive, 1"Floor,City Hall,Miami Beach, Florida
proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then 33139.This item is available for public inspection during normal business hours in
option 6;TTY users may call via 711 (Florida Relay Service). the Office of the City Clerk,1700 Convention Center Drive,1"Floor,City Hall,Miami
Beach,Florida 33139.This meeting,or any item herein,may be continued,and under
Members of the public may present audio/visual(AV)materials relating to Agenda such circumstances,additional legal notice need not be provided.
Items at City Commission meetings held in the Commission Chamber by utilizing
the City's AV equipment,provided that materials are submitted to the Department Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a
of Marketing and Communications by 8:30 A.M., one(1)business day prior to person decides to appeal any decision made by the City Commission with respect
the meeting.Advance submittal of a presentation will allow the Communications to any matter considered at its meeting or its hearing,such person must ensure that
Department to plan for the use of the appropriate AV equipment.AV materials a verbatim record of the proceedings is made,which record includes the testimony
may be submitted via email at communlcationsmiamibeachft.gov; or hand and evidence upon which the appeal is to be based.This notice does not constitute
delivered in a jump drive,CD or DVD to:Attention:Department of Marketing and consent by the City for the introduction or admission of otherwise inadmissible or
Communications, 1701 Meridian Avenue, Fifth Floor, Miami Beach, FL 33139. irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed
Presentations,videos or links must include a label noting the name or group, by law.
contact person, daytime telephone number, email address, description/title of To request this material in alternate format, sign language interpreter (five-day
the presentation and Agenda Item Title as well as the Agenda Item number. notice required), information on access for persons with disabilities, and/or any
Acceptable formats for electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, accommodation to review any document or participate in any City-sponsored
.wmv, .avi and .mov. (Note that .pdf Is the preferred format for PowerPoint proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option
presentations.) 6;TTY users may call via 711 (Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach Rafael E.Granado,City Clerk
Ad No.1259 City of Miami Beach
Ad 1256
. Pace 435 of 757. . ... . . . ..
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