2016-4014 Ordinance ALTON ROAD AND WEST AVENUE
ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS
ORDINANCE NO. 2016-4014
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," (1) AT DIVISION 4, "CD-1
COMMERCIAL MEDIUM INTENSITY DISTRICT," SECTION 142-
272, "MAIN PERMITTED USES"; (2) SECTION 142-273,
"CONDITIONAL USES"; (3) SECTION 142-274, "ACCESSORY
USES"; (4) SECTION 142-279, "ADDITIONAL REGULATIONS
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS"; (5) AT
DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY
DISTRICT," SECTION 142-302, "MAIN PERMITTED USES"; (6)
SECTION 142-303, "CONDITIONAL USES"; (7) SECTION 142-
304, "ACCESSORY USES"; AND (8) SECTION 142-310,.
"ADDITIONAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS" "
,,
LS € TO AMEND THE HOURS OF
OPERATION, AND LOCATION AND USE RESTRICTIONS FOR
(A) PROPERTIES ON THE WEST SIDE OF ALTON ROAD AND
EAST OF ALTON COURT, FROM 6TH STREET TO COLLINS
CANAL, AND (B) PROPERTIES ON THE EAST SIDE OF WEST
AVENUE FROM LINCOLN ROAD TO 17TH STREET,D
AMENUE, EXCLUDING ALCOHOLIC BEVERAGE
ESTABLISHMENTS FRONTING LINCOLN ROAD BETWEEN
WEST AVENUE AND ALTON ROAD; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the Alton Road and 17th Street corridors have historically been composed of
low intensity service and retail establishments, which primarily serve City residents; and
WHEREAS, alcoholic beverage establishments in Miami Beach have historically been
concentrated in the commercial and mixed-use entertainment districts along Washington
Avenue, Collins Avenue, and Ocean Drive; and
WHEREAS, the West Avenue neighborhood is comprised mainly of residential uses and
is divided only by an alley from the CD-1 and CD-2 commercial zoning districts on Alton Road;
and
WHEREAS, the City Code allows certain uses within the CD-1, CD-2, and CD-3 districts,
which, absent mitigation, could be incompatible with adjacent residential uses in the West
Avenue neighborhood; and
WHEREAS, large restaurants, 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 Land 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
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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
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 4, "CD-1, Commercial, Low Intensity District," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 4. —COMMERCIAL, LOW INTENSITY DISTRICT
* * *
Sec. 142-272. - Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to Section 142-1401); religious institutions with an
occupancy of 199 persons or less, and alcoholic beverages establishments pursuant to the
regulations set forth in Chapter 6. Alcoholic beverage establishments located on the west side
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of Alton Road and east of Alton Court, between 11th Street and 14th Street, shall be subject to
the additional requirements set forth in section 142-279.
Sec. 142-273. - Conditional Uses.
The conditional uses in the CD-1 commercial, low intensity district are adult congregate living
facilities; nursing homes; religious institutions with an occupancy greater than 199 persons;
public and private institutions; schools; day care facility; pawnshops; video game arcades;
warehouses; any use selling gasoline; new construction of structures 50,000 square feet and
over (even when divided by a district boundary line), which review shall be the first step in the
process before the review by any of the other land development boards; neighborhood impact
establishment; and storage and/or parking of commercial vehicles on a site other than the site at
which the associated commerce, trade or business is located. See section 142-1103. Alcoholic
beverage establishments located on the west side of Alton Road and east of Alton Court,
between 11th Street and 14th Street, shall be subject to the additional requirements set forth in
section 142-279.
Sec. 142-274. -Accessory uses.
The accessory uses in the CD-1 commercial, low intensity district are as required in article IV,
division 2 of this chapter. Alcoholic beverage establishments located on the west side of Alton
Road and east of Alton Court, between 11th Street and 14th Street, shall be subject to the
additional requirements set forth in section 142-279.
Sec. 142-279. - Special regulations for alcoholic beverage establishments.
(a) The following additional regulations shall apply to alcoholic beverage establishments,
whether as a main use, conditional use, or accessory use, that are located on the west
side of Alton Road and east of Alton Court, between 11th Street and 14th Street:
1. Operations shall cease no later than 2:00 a.m.
2. Establishments with sidewalk café permits shall only serve alcoholic beverages
at sidewalk cafés during hours when food is served in the restaurant, shall cease
sidewalk café operations at 12:00 a.m., and shall not be permitted to have outdoor
speakers.
3. Commercial uses on rooftops shall be limited to restaurants only, shall cease
operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and
shall only be permitted to have ambient, background music.
4. Entertainment establishments shall be required to obtain conditional use
approval from the planning board, in accordance with the requirements and procedures
of chapter 118, article IV. Additionally, if approved as a conditional use, entertainment
establishments shall be required to install a double door vestibule at all access points
from the sidewalk, with the exception of emergency exits.
5. Outdoor bar counters shall be prohibited.
6. No special event permits shall be issued.
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(b) This section shall not apply to any valid, pre-existing permitted use with a valid business
tax receipt (BTR) for an alcoholic beverage establishment that (i) is in application status
prior to April 14, 2016; or (ii) issued prior to May 21, 2016; or (iii) to an establishment that
has obtained approval for an alcoholic beverage establishment from a land use board,
and which land use board order is active and has not expired, prior to May 21, 2016.
Any increase to the approved hours of operation shall meet the requirements of this
section.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 5, "CD-2, Commercial, Medium Intensity District," is hereby amended as follows:
DIVISION 5. - CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-302. - Main permitted uses.
The main permitted uses in the CD-2 commercial, medium intensity district are commercial
uses; apartments; apartment/hotels; hotels; religious institutions with an occupancy of 199
persons or less and alcoholic beverages establishments pursuant to the regulations set forth in
Chapter 6. Alcoholic beverage establishments located on the west side of Alton Road and east
of Alton Court, between 6th Street and 11th Street, and between 14th Street and Collins Canal;
and properties on the east side of West Avenue, between Lincoln Road and 17th Street, except
alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton
Road, shall be subject to the additional requirements set forth in section 142-310.
Sec. 142-303. -Conditional uses.
(a) [Generally.] The conditional uses in the CD-2 commercial, medium intensity district
include the following:
(1) Adult congregate living facilities;
(2) Funeral home;
(3) Nursing homes;
(4) Religious institutions;
(5) Pawnshops;
(6) Video game arcades;
(7) Public and private institutions;
(8) Schools;
(9) Any use selling gasoline;
(10) New construction of structures 50,000 square feet and over (even when divided by
a district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards;
(11) Outdoor entertainment establishment;
(12) Neighborhood impact establishment;
(13) Open air entertainment establishment; and
(14) Storage and/or parking of commercial vehicles on a site other than the site at which
the associated commerce, trade or business is located. See section 142-1103.
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(b) Sunset Harbour Neighborhood. In addition to the conditional uses specified in section
142-303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses
in the CD-2 commercial medium intensity district in the Sunset Harbour neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard shall also
include the following:
(1) Main use parking garages;
(2) Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with
more than 100 seats or an occupancy content (as determined by the fire marshal) in excess
of 125, but less than 199 persons and a floor area in excess of 3,500 square feet.
(c) North Beach Neighborhood. In addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial medium intensity district in the North Beach neighborhood (located
north of 65th Street), shall also include the following:
(1) Alcoholic beverage establishments (not also operating as a full restaurant with a full
kitchen, serving full meals);
(2) Dance halls;
(3) Entertainment establishments.
(d) South Alton Road Corridor. In addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial medium intensity district in the South Alton Road Corridor, which
includes properties located along Alton Road between 6th and 11th Street, shall also include
the following:
(1) Self storage warehouse, provided the minimum distance separation between self
storage warehouses shall be 300 feet and self storage warehouses shall follow the
development regulations for "self storage warehouse" in section 142-305 and setback
requirements in section 142-307.
(e) Alcoholic beverage establishments located on the west side of Alton Road and east of
Alton Court, between 6th Street and 11th Street, and between 14th Street and Collins Canal; and
properties on the east side of West Avenue, between Lincoln Road and 17th Street, -x es
alcoho •-v-r-• - establishmen s frontin• Lincoln Road between Wes Avenue and Al on
Road, shall be subject to the additional requirements set forth in section 142-310.
Sec. 142-304. -Accessory uses.
The accessory uses in the CD-2 commercial, medium intensity district are as required in article
IV, division 2 of this chapter; and accessory outdoor bar counters, provided that the accessory
outdoor bar counter is not operated or utilized between midnight and 8:00 a.m.; however, for an
accessory outdoor bar counter which is adjacent to a property with an apartment unit, the
accessory outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
Alcoholic beverage establishments located on the west side of Alton Road and east of Alton
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Court, between 6th Street and 11th Street, and between 14th Street and Collins Canal; and
properties on the east side of West Avenue, between Lincoln Road and 17th Street, except
alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton
Road, shall be subject to the additional requirements set forth in section 142-310.
Sec. 142-310. Special regulations for alcohol beverage establishments.
Laj The following additional requirements shall apply to alcoholic beverage establishments,
whether as a main use, conditional use, or accessory use, that are located on the west
side of Alton Road and east of Alton Court, between 6th Street and 11th Street, and
between 14th Street and Collins Canal; and properties on the east side of West Avenue,
between Lincoln Road and 17th Street, except alcoholic beverage establishments
fronting Lincoln Road between West Avenue and Alton Road:
1. Operations shall cease no later than 2:00 a.m.
2. Establishments with sidewalk café permits shall only serve alcoholic beverages
at sidewalk cafés during hours when -food is served in the restaurant, shall cease
sidewalk café operations at 12:00 a.m., and shall not be permitted to have outdoor
speakers.
3. Commercial uses on rooftops shall be limited to restaurants only, shall cease
operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and
shall only be permitted to have ambient, background music.
4. Entertainment establishments shall be required to obtain conditional use
approval from the planning board, in accordance with the requirements and procedures
of chapter 118, article IV. Additionally, if approved as a conditional use, entertainment
establishments shall be required to install a double door vestibule at all access points
from the sidewalk, with the exception of emergency exits.
5. Outdoor bar counters shall be prohibited.
6. No special event permits shall be issued.
ILDi This section shall not apply to any valid, pre-existing permitted use with a valid business
tax receipt (BTR) for an alcoholic beverage establishment that (i) is in application status
prior to April 14, 2016; or (ii) issued prior to May 21, 2016; or (iii) to an establishment that
has obtained approval for an alcoholic beverage establishment from a land use board,
and which land use board order is active and has not expired, prior to May 21,
2016. Any increase to the approved hours of operation shall meet the requirements of
this section.
* * *
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SECTION 3. 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. Dance halls (as defined in section 114-1 of this Code) not
also operating as restaurants with full kitchens and serving full meals and licensed as alcoholic
beverage establishments are prohibited on properties having a lot line adjoining Lincoln Road,
from the Atlantic Ocean to Biscayne Bay, unless the dance hall is located within a hotel with a
minimum of 100 hotel units. _. . - -_.-,__ -. .=_--_--_.:_ -_= --___ _ _..: - - =
__ -- :==--- _ -- -- >_ --= _- = _ - _ = =__- -_=-_ = =-
-
* * *
Sec. 142-333. -Conditional uses.
The conditional uses in the CD-3 commercial, high intensity district are adult living congregate
facilities; new construction of structures 50,000 square feet and over (even when divided by a
district boundary line), which review shall be the first step in the process before the review by
any of the other land development boards; outdoor entertainment establishment, neighborhood
impact establishment, open air entertainment establishment, nursing homes; religious
institutions with an occupancy greater than 199 persons; video game arcades; public and
private institutions; schools and major cultural dormitory facilities as specified in section 142-
1332; and storage and/or parking of commercial vehicles on a site other than the site at which
the associated commerce, trade or business is located, except such storage and/or parking of
commercial vehicles shall not be permitted on lots with frontage on Lincoln Road, Collins
Avenue, 41st Street and 71st Street. See subsection 142-1103(c). When located on that portion
of Lincoln Road that is closed to traffic, these uses shall comply with section 142-335.
-- -- --
- - - - -
_ : •_ - --:- - --- - ----
-- - - - ---_---- ._-- _- - - -• = = -- -- -•
Sec. 142-334. -Accessory uses.
The accessory uses in the CD-3 commercial, high intensity district are as follows:
(1) Those uses permitted in article IV, division 2 of this chapter.
(2) Accessory outdoor bar counters, provided that the accessory outdoor bar counter is not
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operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor
bar counter which is adjacent to a property with an apartment unit, the accessory
outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
-• _- __.:.-_.= _ _._.=: _ _---_--------=__ __- • - __->=-=- = __ _
* * *
whether as a main uco, conditional uco, or acecccory uco, that aFO located within 100•- ' -- _ --_ _ _-_ _- _ - :a•---
speaker
=_= :._._____._-_ =- _ =---e.e__-_--=--.:.._- __ --- =- : •--- -_ - == = _--_-_
- - - -- - •- - I • ... •
---
•
seetiefk
* * *
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SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. 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
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2016. .
Philip Levine i
Mayor f
ATTEST:
APPROVED AS TO
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afa-'r. Granado � : •.. FOR EXECUTION
City Clerk � � •� y
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Underline denotes additions\c'f ` ��� Wdenotes deletions y, )\
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Double underline denotes additions, tflb f �t din
denotes deletibhs.afte Fist Reading
First Reading: April 13, 2016
Second Reading: May 11, 2016
1.1
Verified By:
_
T ' as R. ooney, ICP
Planning Director
T:WGENDA\2016 May\Planning\Alton Road and 17th Street Alcohol-2nd Reading amended ORD.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 142 of the City Code as it pertains to alcoholic beverage
establishments on the west side of Alton Road and the south side of 17th Street.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The subject ordinance would amend Chapter 142 of the Land Development Regulations in order to
establish operational standards, hours of operation for alcoholic beverage establishments on the west
side of Alton Road from 6th Street to Collins Canal and on the south side of 17th Street from Lenox to
Meridian Avenues.
On February 10, 2016, at the request of Comm. Joy Malakoff, the City Commission referred a
discussion item to the Land Use and Development Committee (LUDC) pertaining to separate alcohol
regulations for Alton Road and 17th Street. On March 30, 2016, the Land Use Committee
recommended that the attached ordinance be approved.
On April 13, 2016, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading
and set a Second Reading and Public Hearing for May 11, 2016; and 3) referred the Ordinance to the
Planning Board for review and recommendation.
The Administration recommends that the City Commission adopt the ordinance.
Advisory Board Recommendation:
On April 19, 2016, the Planning Board reviewed the proposed Ordinance and transmitted it to the City
Commission. The Board transmitted the Alton Road portion of the ordinance with a favorable
recommendation and the 17th Street portion with an unfavorable recommendation.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least five years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least five years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs: •
Department Director Assistant City Manager ity Manager
T:WGENDA\2016\May\Planning\Alton Road and 17th Street Alcohol-2nd Reading SUM.••
f d 1 I AM I B EAC H AGENDA ITEM RS F _
DATE S- ( I- Co
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSIO i4 MEMORANDUM
TO: Mayor Philip Levine and Members of he City Co ission
FROM: Jimmy L. Morales, City Manager
DATE: May 11, 2016 SEI OND READING — PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS," (1) AT
DIVISION 4, "CD-1 COMMERCIAL MEDIUM INTENSITY DISTRICT," SECTION
142-272, "MAIN PERMITTED USES;" (2) SECTION 142-273, "CONDITIONAL
USES;" (3) SECTION 142-274, "ACCESSORY USES;" (4) SECTION 142-279,
"ADDITIONAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" (5) AT DIVISION 5, "CD-2 COMMERCIAL MEDIUM
INTENSITY DISTRICT," SECTION 142-302, "MAIN PERMITTED USES;" (6)
SECTION 142-303, "CONDITIONAL USES;" (7) SECTION 142-304,
"ACCESSORY USES;" (8) SECTION 142-310, "ADDITIONAL REGULATIONS
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;" AND (9) AT DIVISION 6,
"CD-3 COMMERCIAL MEDIUM INTENSITY DISTRICT," SECTION 142-332,
"MAIN PERMITTED USES;" (10) SECTION 142-333, "CONDITIONAL USES;"
AND (11) AT SECTION 142-334, "ACCESSORY USES;" AND (12) 142-340,
"ADDITIONAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" TO AMEND THE HOURS OF OPERATION, LOCATION
AND USE RESTRICTIONS FOR (A) PROPERTIES ON THE WEST SIDE OF
ALTON ROAD AND EAST OF ALTON COURT, FROM 6TH STREET TO COLLINS
CANAL, (B) PROPERTIES ON THE EAST SIDE OF WEST AVENUE FROM
LINCOLN ROAD TO 17TH STREET, AND (C) PROPERTIES WITHIN 100 FEET
TO THE SOUTH OF 17TH STREET, BETWEEN LENOX AVENUE AND MERIDIAN
AVENUE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
APPLICABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
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.
Commission Memorandum
Chapter 142 Amendment—Alton Road and 17(h Street Alcohol Regulations
May 11, 2016 Page 2 of 4
On March 30, 2016, the Land Use Committee recommended that the City Commission approve
the attached amendment to the City Code, and that the Commission refer a separate,
companion amendment to the Land Development Regulations to the Planning Board.
ANALYSIS
Alton Road. While most of Alton Road between Sixth (6th) Street and Dade Boulevard is
commercially zoned (CD-1 and CD-2), the barrier between the commercial zones and
residential zoning (RM-1 and RM-2) to the west is only the width of an alley (Alton Court).
Immediately to the west of Alton Court (the alley west of Alton Road), is the West Avenue
neighborhood characterized by residential mid-rise and low-rise apartment buildings.
17th Street. The south side of 17th Street is commercially zoned (CD-3), between Meridian
Avenue and Lenox Avenue; therefore, there is the potential for more intense commercial
development. 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.
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
development and destination eating and drinking establishments. However, new
establishments along Alton Road and 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 Alton Road and 17th Street. These thresholds are less than
300 persons for eating and drinking establishments without entertainment or less than 200
persons for establishments with entertainment as determined by the Fire Marshall. Additionally,
5:00 am liquor licenses are permitted.
The CD-1 and CD-2 zoning districts between Alton Road and West Avenue from sixth (6th)
Street to Dade Boulevard, and the CD-3 district between Lincoln Lane North and 17th Street
from Meridian Avenue to Lenox Avenue, both border low intensity, non-transient residential
districts. As such, residents from these areas have been expressing a strong desire for
operational restrictions on eating and drinking establishments, particularly with regard to the
hours of operation, outdoor areas, and entertainment uses.
The attached ordinance sets forth operational requirements and hours restrictions on alcoholic
beverage establishments and outdoor areas for the west side of Alton Road from 6th Street to
Collins Canal, and for properties within 100 feet of the south side of 17th Street from Meridian to
Lenox Avenues. The following is a summary of the proposed modifications to Chapter 142 of
the Land Development Regulations:
1. Alcoholic beverage establishments shall cease operations no later than 2:00 a.m.
2. Sidewalk cafes and restaurants shall only serve alcoholic beverages during hours when
food is served, shall cease operations at 12:00 a.m., and shall not be permitted to have
outdoor speakers.
3. Rooftop portions of alcoholic beverage establishments shall be limited to restaurants only,
Commission Memorandum
Chapter 142 Amendment—Alton Road and 17th Street Alcohol Regulations
May 11, 2016 Page 3 of 4
shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends,
and shall only be permitted to have ambient, background music.
4. Entertainment establishments, if permitted, shall be required to obtain conditional use
approval from the planning board, in accordance with the requirements and procedures of
chapter 118, article IV. Additionally, if approved for conditional use, entertainment
establishments shall be required to install a double door vestibule at all access points from
the sidewalk, with the exception of emergency exits.
5. Outdoor bar counters shall be prohibited.
6. No special event permits shall be permitted.
FINANCIAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least five years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least five years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Commission Memorandum
Chapter 142 Amendment—Alton Road and 17th Street Alcohol Regulations
May 11, 2016 Page 4 of 4
SUMMARY
On March 30, 2016, the Land Use Committee recommended that the proposed ordinance move
forward, with the following additions:
1. The inclusion of the CD-2 zoned properties along the east side of West Avenue from
Lincoln Road to 17th Street; and
2. The inclusion of an 'Exceptions' section, that would exclude those businesses that have
obtained a Business Tax Receipt (BTR) prior to the effective date of the ordinance, as
well as those properties with an approved Land Use Board Order obtained prior to the
effective date of the ordinance.
These changes have been incorporated into the attached ordinance.
Initially the proposed modifications were to be located in Chapter 6 of the City Code; however,
the modifications are more appropriate for 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.
PLANNING BOARD ACTION
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).
2. 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-furcated for further study.
UPDATE
On April 13, 2016, the City Commission approved the attached Ordinance at First Reading and
set a Second Reading Hearing for May 11, 2016. As part of the approval at First Reading, the
'Exceptions' clause was modified to include Business Tax Receipts that were in application
status prior to April 14, 2016.
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. The Planning Board, as noted above, recommended that the 17th Street
portion of the ordinance be bi-furcated for further study.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached ordinance.
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MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE REGULATING ALCOHOLIC
BEVERAGE ESTABLISHMENTS ALONG
ALTON ROAD,WEST AVENUE AND 17TH STREET
May 11, 2016
NOTICE IS HEREBY given that a Second Reading Public Hearing will be heard by the Mayor and
City Commission of the City of Miami Beach, Florida, in the Commission Chamber,3itl Floor,
City Hall,1700 Convention Center Drive,Miami Beach,Florida,on May 11,2016 at 5:01 p.m.,or as
soon thereafter as the matter can be heard,to consider the adoption of the following ordinance:
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" (1)AT DIVISION
4, "CD-1 COMMERCIAL MEDIUM INTENSITY DISTRICT' SECTION 142-272,
"MAIN PERMITTED USES" (2) SECTION 142-273, "CONDITIONAL USES;"
(3)SECTION 142-274,"ACCESSORY USES;"(4)SECTION 142-279,"ADDITIONAL
REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;" (5) AT
DIVISION 5,"CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT,' SECTION
142-302,"MAIN PERMITTED USES;" (6) SECTION 142-303, "CONDITIONAL
USES;" (7) SECTION 142-304, 'ACCESSORY USES;" (8) SECTION
142-310, ADDITIONAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" AND (9) AT DIVISION 6, "CD-3 COMMERCIAL
MEDIUM INTENSITY DISTRICT' SECTION 142-332, "MAIN PERMITTED
USES," (10) SECTION 142-333, "CONDITIONAL USES;" AND (11) SECTION
142-334, "ACCESSORY USES;" AND (12) SECTION 142-340, "ADDITIONAL
REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;"TO AMEND
THE HOURS OF OPERATION, LOCATION AND USE RESTRICTIONS FOR
(A)PROPERTIES ON THE WEST SIDE OF ALTON ROAD AND EAST OF ALT ON
COURT, FROM 6" STREET TO COLLINS CANAL, (B) PROPERTIES ON THE
EAST SIDE OF WEST AVENUE FROM LINCOLN ROAD TO 17T5 STREET,AND
(C)PROPERTIESWITHIN 100 FEETTOTHE SOUTH OF 17TH STREET,BETWEEN
LENOX AVENUE AND MERIDIAN AVENUE; PROVIDING FOR CODIFICATION;
REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at 305.673-7550.This ordinance is being
heard pursuant to 118-164,of the City's Land Development Code.
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 Clerk, 1700
Convention Center Drive,1"Floor,City Hall,Miami Beach,Florida 33139.This item is available for
public inspection during normal business hours in 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 such circumstances,additional legal notice need not be provided.
Pursuant to Section 286 0105,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 verbatim 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 in 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 305.604.2489 and select 1 for
English or 2 for Spanish,then option 6;TTY users may call via 711(Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
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