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Ordinance 78-2139 • ORDINANCE NO. 78-2139 AN ORDINANCE AMENDING SECTION 18-45 OF THE CODE OF MIAMI BEACH, FLORIDA, AUTHORIZING AND PERMITTING THE SALE OF LIQUOR IN APART- MENT BUILDINGS HAVING 225 OR MORE UNITS AND RESTAURANT FACILITIES OF 4 , 000 SQUARE FEET AND SEATING CAPACITY FOR 200 PATRONS; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; SECTION 1 : That Section 18-45 of the Code of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: "In any "D" district, the sale of liquor is prohibited, except in "clubs" and in hotels having one hundred or more sleeping rooms , which sleeping rooms, shall meet the require- ments of section 1305. 2 of the South Florida Building Code, and except in restaurant facil- ities located in apartment buildings having two hundred twenty-five or more units and which restaurant facilities have four thousand square feet and have seating capacity for two hundred patrons; provided further, that the exterior of the hotel or apartment facility in which the business is carried on shall not contain a store front in connection with such business and the business so licensed shall only be entered from within the building. " SECTION 2 : That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 : That this ordinance shall go into effect ten days after its passage. PASSED and ADOPTED this 18th day of October, 1978 . .4, Mayor Attest: l 914 ia-ay Cit Clerk 1st Reading - October 4 , 1978 2nd Reading - October 18, 1978 • XXX OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • ea, op/tearn 'eae ''' 7 •P`"—`- 40`, FLORIDA 33139 "VACATIONLAND U. S. A." � °N- • \�" OFFICE OF THE CITY MANAGER GAVIN W.O'BRIEN CITY HALL CITY MANAGER 1700 CONVENTION CENTER DRIVE TELEPHONE: 873.7010 COMMISSION MEMORANDUM NO. 7/9f DATE: October 18, 1978 TO: Dr. Leonard Haber, Mayor and Members of the City Commiss'on FROM: Gavin W.O'Brien City Manager �✓ SUBJECT: AMENDMENT TO CODE REGARDING LIQUOR SALES As directed by the City Commission, the Planning staff has developed the following information regarding criteria for full service liquor establishments: (1) There are a total of 53 buildings in the City which contain over 100 dwelling units. These are located generally along Collins Avenue, with 22 buildings located between 47th and 63rd Streets. An additional seven buildings are located on West Avenue between Eighth and 13th Streets. (2) Of the 53 buildings which contain over 100 units, 29 exceed 225 units. These buildings are again located generally on Collins Avenue with 10 located between 47th and 63rd Streets and an additional six located between Eighth and 13th Streets on West Avenue. (3) Parking Regulations: Section 9-2 of the Zoning Ordinance states that "when any building or structure is erected or structurally altered, accessory off street parking spaces shall be provided for the building, structure, or additional floor area" . Parking requirements for multiple family uses generally specify one space per unit or room, with.additional spaces required for units exceeding two bedrooms, as well as spaces for loading. These requirements are designed to meet the needs of the persons residing in the buildings, and accessory uses must therefore meet additional parking requirements. In this case, Section 9-2 of the Zoning Ordinance requires one parking space for each four seats in a restaurant or other establish- ment for consumption of beverages on the premises. It would therefore be necessary for an apartment with the accessory use of selling liquor on the premises to provide additional parking and loading spaces above that required for the building itself or to obtain a variance from the City' s parking requirements. (4) Sign Regulations: Section 8 of the sign ordinance prohibits signs "indicating the presence of an accessory use in an apartment building" to be erected so as to be visible from a public street, walk, or other public way. As is shown in the attached table, over 80% of the apartment buildings in question lie in residential districts which would prohibit them from advertising liquor sales. 42 Page 1 of 2 AGENDA n 07 ITEM K" DATE /0-V81.'78 • Dr. Leonard Haber, Mayor and Members of the City Commission October 18, 1978 (5) Other Requirements: In general, accessory uses must not be out of character with the general area, nor should they pose problems to neighboring properties. Recommendation The analysis of the proposed ordinance change is generally compatible with the existing Zoning Ordinance. Therefore, the Administration recommends the adoption of this proposed amendment. GWO:HTT:nw Attachments Page 2 of 2 43 • ZONING DISTRICTS 100 Apartment or Condo Units or More 100-224 Units 225+ Units Total RM-125 14 18 32 RM-100 6 3 9 RM-60 2 - 2 C-4 1 5 6 RU 1 3 4 24 ' 29 53 • 44 October 12, 1978 • APARTMENTS & CONDOMINIUMS 225 OR MORE DWELLING UNITS SYMBOL = II COLOR = ORANGE NAME ADDRESS TYPE UNITS Morton Towers 1500 Bay Road A 1277 Roney Plaza Apartments 2301 Collins Avenue A 1162 Triton Towers 2899 Collins Avenue A 583 Mimosa Apartments 4747 Collins Avenue CoAdo 275 Seasons 5005 Collins Avenue A 307 Seacoast Towers South 5101 Collins Avenue A 238 Seacoast Towers East 5151 Collins Avenue A 440 Seacoast Towers 5225 Collins Avenue A 238 Carriage House 5401 Collins Avenue Coido 290 Seacoast Towers West 5600 Collins Avenue A 288 ` Ocean Pavillion 5601 Collins Avenue Condo 230 Arlen Beach 5701 Collins Avenue Condo 259 Maison Grande 6039 Collins Avenue A 502 Sherry Frontenac 6565 Collins Avenue A 264 Victorian Plaza 6917 Collins Avenue A 249 Burleigh House 7101 Collins Avenue Condo 360 Manhattan Towers 6770 Indian Creek Drive A 228 Belle Plaza Apartments 20 Island Avenue A 225 100 Lincoln Road 100 Lincoln Road A 643 Ocean Point 345 Ocean Drive Condo 238 Presidential 401 Ocean Drive Condo 238 Royal Atlantic 465 Ocean Drive Condo 234 Tower Forth One (41) 4101 Pine Tree Drive Condo 450 Plaza 800 800 West Avenue A 347 Southgate 910 West Avenue A 275 Forte Towers South 1000 West Avenue A 446 Forte Towers 1100 West Avenue A 348 Forte Towers North 1200 West Avenue A 406 Bay Terrace Apartments 1250 West Avenue A 239 Compiled by: G.M. Jones , Planning Technician City of Miami Beach Economic Development Date: October 12 , 1978 Source: City of Miami Beach Minimum Housing Surveillance Sheet Data. ff: 10/12/78 45 r APARTMENTS & CONDOMINIUMS 100 to 224 DWELLING UNITS SYMBOL = 0 COLOR = GREEN NAME ADDRESS TYPE UNITS Stanton House 6900 Bay Drive Condo 106 Four Freedoms Apartments 3800 Collins Avenue A 210 Executive Apartments 4925 Collins Avenue A 101 Season' s South Apartments 5001 Collins Avenue A 138 Crystal House 5055 Collins Avenue Condo 165 Imperial House 5255 Collins Avenue Condo 127 Eaton House 5313 Collins Avenue A 120 Oliver House 5333 Collins Avenue A 125 Oceanside Plaza 5555 Collins Avenue Condo 221 Seacoast Towers V 5700 Collins Avenue A 178 Royal Embassy Apartments 5750 Collins Avenue A 132 ` Marlborough House 5825 Collins Avenue A 138 Regency Towers 5838 Collins Avenue Condo 112 Port Royal 6989 Collins Avenue Condo 164 Clearview Towers Apartments 2829 Indian Creek Drive A 122 Island Terrace Apartments 5 Island Avenue A 139 Costa Brava 11 Island Avenue Condo 216 Belle Isle Courts 29-31-33-35 Island Avenue A 120 Admiral Towers 1020 Meridian Avenue Condo 128 Cambridge Hotel 330 Michigan Avenue A 140 Tradewinds Apartments 2315 Pine Tree Drive A 127 Octagon Towers 1881 Washington Avenue A 112 1228 West Avenue Condo 195 Compiled by: G.M. Jones , Planning Technician City of Miami Beach Economic Development Date: October 12 , 1978 Source: City of Miami Beach Minimum Housing Surveillance Sheet Data. ff: 10/12/78 46 § 18-41.1 MIAMI BEACH CITY CODE § 18-45 of the matters and infcrmation set forth thereon were fully set forth in this section. (Code 1950, § 15.30; Ord. No. 1561 , 81 ; Ord. No. 1802, §1 ; Ord. No. 1920, §1 ; Ord. No. 74-2009, §1 .) Sec. 18-41.1. Certain restaurants classified within "A" district. All bona fide restaurants located and situated in any business use district, as such business use districts are defined in Ordinance No. 1891 , cormonly known as the zoning ordinance, and • having a seating capacity for two hundred or More patrons , and not less than four thou- sand square feet of space shall, for the purposes . of this chapter, be in district "A" . (Ord. No. 1880 , § 1; Ord. No. 76-2074, Sec. 2.) Sec. 18-42. Sales permitted in all districts; exceptions. Except as otherwise provided in this chapter, the sale of liquor, wine and beer by licensed vendors is permitted in all districts as established by section 18-41. (Code 1950, § 15.31.) Sec. 18-43. Restrictions on sales in "B" district. In any "B" district, the sale of liquor for consumption on the prem- ises is prohibited. (Code 1950, § 15.32.) Sec. 18-44. Restrictions on sales in "C" district. In any "C" district, the sale of liquor, wine or beer is prohibited, except in clubs and in hotels having one hundred or more guest rooms; provided, that the exterior of the hotel in which the business is carried on shall not contain a store front in connection with such business; provided further, that the business so licensed shall only he entered from within the building. (Code 1950, § 15.33.) GErCivr- CMIS Copy Sec. 18-45. Restrictions on sales in "D" district.s /0 ` 7/ CoDE In any "D" district, the sale of liquor is prohibited, except in "clubs" and in hotels having one hundred or more sleeping rooms , which sleeping rooms shall meet the require- . ments of section 1305. 2 of the South Florida Building Code, and except in restaurant facil- ities located in apartment buildings having three hundred or more units and which restau- rant facilities have four thousand square foot and have seating capacity for two hundred patrons ; provided further, that the exterior of the hotel or apartment facility in which the business is carried on shall not contain - a store front in connection with such business and the business so licensed shall only be entered from within the building. It is further • provided that the stile of liquor from restaurant facilities located in apartment facilities as hereinabove described, shall be limited to sale of such liquor from a "service bar" as defined in section 13-1. 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