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Ordinance 2018-4169RM -PRD ALCOHOL REGULATIONS ORDINANCE NO. 2018 -4169 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE H, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION III, "RM- PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT," TO AMEND THE MAIN PERMITTED, PROHIBITED, AND ACCESSORY USES, IN ORDER TO AUTHORIZE THE LIMITED SALE OF ALCOHOLIC BEVERAGES AS AN ACCESSORY USE TO DINING FACILITIES WITHIN MULTIFAMILY RESIDENTIAL BUILDINGS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, residential apartment buildings that are located within the City of Miami Beach's RM -PRD (Residential Multifamily Planned Residential Development) District are authorized to provide limited dining facilities open only to residents and their invited guests; and WHEREAS, several of the existing residential apartment buildings within the RM -PRD have taken advantage of the dining facility provision contained in the Land Development Regulations; and WHEREAS, such residential apartment buildings also desire to be able to serve alcoholic beverages within such dining facilities; and WHEREAS, the proposed amendment would allow apartment buildings within the RM -PRD District the ability to serve alcoholic beverages in dining facilities within residential multifamily buildings; and WHEREAS, the City seeks to modify Chapter 142 entitled "Zoning Districts ", Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision III, "RM -PRD Multifamily, Planned Residential Development District" at Section 142 -182, "Main permitted" to identify main permitted uses, prohibited uses, and accessory uses; and WHEREAS, to authorize the sale of alcohol within the residential multifamily buildings, within the dining facility, authorized under the Land Development Regulations, the City desires to amend the Land Development Regulations, to allow Page 1 the sale of alcohol as an accessory use; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, entitled "Zoning District Regulations," at Article II, "District Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as follows: DIVISION 3 RESIDENTIAL MULTIFAMILY DISTRICTS Subdivision III. - RM -PRD Multifamily, Planned Residential Development District Sec. 142 -182. - Main permitted, prohibited, and accessory uses. (a) The main permitted uses in the RM -PRD multifamily, planned residential development district are single- family detached dwelling; townhomes; and apartments. (b) The sale of alcoholic beverages as an accessory use to a dining facility within apartment buildings within this District shall be permitted_ (c) All alcoholic beverage establishments pursuant to the regulations set forth in Chapter 6, of the City Code, are prohibited uses. (d) Moreover, all uses not listed as a main permitted or accessory use are also prohibited. SECTION 2, CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re- lettered to accomplish such intention, and, the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Page 2 SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this / 7 day of Awe 4'ry, 2018. ATTEST: �.j Rafsel E. ranado, City erk Dan Gelber, Mayor First Reading: December Second Reading: January /7 Verified By: Thomas R. Moon Planning Director AICP held APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (( i(7 Doti, F: \PLAN \$PLB\2017 \11- 21- 17 \RM -PRD Alcohol - ORD November 21 2017 PB.docx City Attorney Page 3 MIAM BEACH Ordinances - R5 M COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 17, 2018 5:05 p.m. Second Reading Public Hearing SUBJECT: RM -PRD ALCOHOL REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION III, "RM- PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT," TO AMEND THE MAIN PERMITTED, PROHIBITED, AND ACCESSORY USES, IN ORDER TO AUTHORIZE THE LIMITED SALE OF ALCOHOLIC BEVERAGES AS AN ACCESSORY USE TO DINING FACILITIES WITHIN MULTIFAMILY RESIDENTIAL BUILDINGS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. ANALYSIS HISTORY On October 18, 2017, at the request of Commissioner Ricky Arriola, the City Commission approved a dual referral to the Land Use and Development Committee and the Planning Board, to amend Sec. 142 -182 of the Land Development Regulations of the City Code (item C4S). The purpose of the referral is to allow for the sale of alcoholic beverages as an accessory use to a dining facility within apartment buildings located in the RM -PRD district. On October 30, 2017, the Land Use and Development Committee recommended that the Planning Board transmit the proposed ordinance to the City Commission with a favorable recommendation. PLANNING ANALYSIS The proposal herein has been put forth by Fisher Island, and is limited to the RM -PRD Multifamily, Planned Residential Development District. This district is located on the northern portion of Fisher Island, and is the only part of Fisher Island within the City of Miami Beach. The island is only accessible through a private ferry, via Terminal Island, and public access is limited. The attached draft ordinance proposes an amendment to the Land Development Regulations to allow for the sale of alcoholic beverages as part of accessory dining facilities in apartment buildings located within the RM -PRD district. Pursuant to the accessory use requirements for apartment buildings in section 142 - 902(2), dining rooms are only permitted for the use of residents. Since the sale of alcoholic beverages is an accessory to dining rooms, it would be subject to the same Page 627 of 923 limitation. PLANNING BOARD REVIEW On November 21, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation. UPDATE The subject Ordinance was approved at First Reading on December 13, 2017, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description D Form Approved ORDINANCE RM. PRD Alcohol o Ad Page 628 of 923 THURSDAY JANUARY 4 2018 MIAMIHERALD,COM N JGHBORS 13NE iv\ CITY OF MIAMI EACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE RM-PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT- ALCOHOL REGULATIONS January 17, 2018 NOTICE IS HEREBY given that a Second Reading Public Hearing will be heard by the Mayor and City Commission of the City of Miami l3each, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 17, 2018 at 51,05 p.m., or as soon thereafter as the matter can he heard, to consider; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CFIAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGuLATioNs," DIVISION 3, 'RESIDENTIAL MULTIFAMILY DISTRioTS," SUBDIVISIoN III, "RM-PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT," TO AMEND THE MAIN PERMITTED, PROHIBITED, AND ACCESSORY USES, IN ORDER TO AtITHORIZE THE LIMITED SALE OF ALCOHOLIC BEVERAGES AS AN ACCESSORY USE TO DINING FACILITIES WITHIN MULTIFAMILY RESIDENTIAL BUILDINGS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. This Ordinanc e is being heard pursuant to Section 2.06 of the City Charter, Section 118-164 of the City's Land Development Code, and §166,041 Inquiries maybe directed to the Planning Department at 005,673,7560. 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, c/o the City Clork, 1700 Convention Center Drive, 1" Floor, City Flail, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the Office of the City Clerk Office, 1700 Convention Center Drive, 1m Floor, City Hail, Miami Beach, Florida 33139, This item May be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0106, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatiin record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise) inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 306,604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users rnay call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk Oily of Miami Beach Ad 6-011718 Page 632 of 923