2016-4052 Ordinance 41St STREET CD-1 AND CD-3 DISTRICTS
ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS
ORDINANCE NO. 2016-4052
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 142 OF THE CITY
CODE, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," (1) AT DIVISION
4, "CD-1 COMMERCIAL LOW INTENSITY DISTRICT,"
SECTION 142-272, "MAIN PERMITTED USES;" SECTION
142-273, "CONDITIONAL USES;" SECTION 142-274,
"ACCESSORY USES;" AND SECTION 142-279 "SPECIAL
REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" AND (2) AT DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION
142-332, "MAIN PERMITTED USES;" SECTION 142-333,
"CONDITIONAL USES;" SECTION 142-334,
"ACCESSORY USES;" AND SECTION 142-340,
"SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" TO AMEND THE HOURS OF
OPERATION, LOCATION, AND USE RESTRICTIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE
41ST STREET CORRIDOR, WHICH IS GENERALLY
BOUNDED BY 40TH STREET TO THE SOUTH AND 42ND
STREET TO THE NORTH, BETWEEN ALTON ROAD AND
INDIAN CREEK; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the 41st Street corridor has historically been composed of low intensity
retail and service 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, surrounding the 41st Street corridor is a neighborhood comprised mainly of
single family homes and residential uses that are only divided by the distance of a street from •
the CD-1, low intensity and CD-3, high intensity commercial zoning districts; and
WHEREAS, the City Code allows certain uses within the CD-1, and CD-3 districts,
which, absent mitigation, could be incompatible with adjacent residential uses in surrounding
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
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
2of8
•
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. - CD-1 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 in the following
geographic areas within the CD-1 commercial, low intensity district shall be subject to the
additional requirements set forth in section 142-279:
Lai OR Alton Road corridor. Between the west side of Alton Road and the east side of Alton
Court, between 11th Street and 14th Street_., shall be subject to the additional
requirements set forth in section 142 279.
flol 41st Street corridor. Areas adjacent to the CD-3 zoning district alonq the 41St Street
corridor, between 40th Street and 41st Street, and between Alton Road and the Indian
Creek waterway.
3 of 8
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 in the following geographic areas within the CD-1 commercial,
low intensity district shall be subject to the additional requirements set forth in section 142-279:
fal OR Alton Road corridor. Between the west side of Alton Road and the east side of Alton
Court, between 11th Street and 14th Street_., shall be subject to the additional
requirements set forth in section 112 279.
41st Street corridor. Areas adjacent to the CD-3 zoning district along the 41st Street
corridor, between 40th Street and 41st Street, and between Alton Road and the Indian
Creek waterway.
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 Alcoholic beverage establishments
located in the following geographic areas within the CD-1 commercial, low intensity district shall
be subject to the additional requirements set forth in section 142-279:
Lal en Alton Road corridor. Between the west side of Alton Road and the east side of Alton
Court, between 11th Street and 14th Street, shall be subject to the additional
requirements set forth in section 1'12 279.
41st Street corridor. Areas adjacent to the CD-3 zoning district along the 41st Street
corridor, between 40th Street and 41st Street, and between Alton Road and the Indian
Creek waterway.
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.
4of8
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.
{2) 7. This section (a) 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.
The following additional regulations shall apply to alcoholic beverage establishments,
whether as a main use, conditional use, or accessory use, that are located in areas
adiacent to the CD-3 zoning district along the 41st Street corridor, between 40th Street
and 41st Street, and between Alton Road and the Indian Creek waterway:
1. Operations shall cease no later than 2:00 a.m.
2. Alcoholic beverage 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
in 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 to alcoholic beverage establishments.
7. The provisions of this section (b) shall not apply to any valid, pre-existinq
permitted use with a valid business tax receipt (BTR) for an alcoholic beverage
establishment that was issued prior to August 23, 2016, or to an establishment
5 of 8
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
August 23, 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 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. Alcoholic beverage establishments located in the area generally
bounded by 40th Street to the south, 42nd Street to the north, Alton Road to the west, and the
Indian Creek waterway to the east, shall be subject to the additional requirements set forth in
section 142-340.
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. Alcoholic
beverage establishments located in the area generally bounded by 40th Street to the south, 42nd
Street to the north, Alton Road to the west, and the Indian Creek waterway to the east, shall be
subject to the additional requirements set forth in section 142-340.
6 of 8
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
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.
gl Alcoholic beverage establishments located in the area generally bounded by 40th Street
to the south, 42nd Street to the north, Alton Road to the west, and the Indian Creek
waterway to the east, shall be subject to the additional requirements set forth in section
142-340.
Sec. 142-340. - Special regulations for alcohol beverage establishments.
The following additional requirements shall apply to alcoholic beverage establishments, whether
as a main use, conditional use, or accessory use, that are located in the area generally bounded
by 40th Street to the south, 42nd Street to the north, Alton Road to the west, and the Indian Creek
waterway to the east:
1. Operations shall cease no later than 2:00 a.m.
2. Alcoholic beverage 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 to alcoholic beverage establishments.
7. The provisions of 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
was issued prior to August 23, 2016, or 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 August 23, 2016. Any
increase to the approved hours of operation shall meet the requirements of this
section.
7of8
* * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 7 day of 41400,11°i , 2016.
;;;;.
Aido
Philip Levine p
Mayor
f
ATTEST: / I ,
Alt 4, . ,
afael ranado 1 .•' , '
ity Clerk �: � APPROVED AS TO
,!''••• : * FORM&LANGUAGE
(Sponsored by Commissioner k+ ®.',," 1 W S FOR EXECUTION
First Reading: October 19, 24•4: 4...... �� .-'.(-1,7
�_- �� 7 /
Second Reading: ovember 9, 261 j ' / 7h&
g' '�o'4 `H 26 -�'" city y Date
Verified By:
Th:mas R. Mooney AICP
Planning Director
T:AGENDA\2016\September\Planning\41 st Street CD Alcohol Regs-Second Reading ORD.docx
8 of 8
Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 9, 2016
10:05 a.m. Second Reading Public Hearing
SUBJECT: 41ST STREET CD-1 AND CD-3 DISTRICTS ALCOHOLIC BEVERAGE
ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY CODE,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," (1) AT DIVISION 4, "CD-1 COMMERCIAL LOW INTENSITY
DISTRICT," SECTION 142-272, "MAIN PERMITTED USES;" SECTION 142-273,
"CONDITIONAL USES;" SECTION 142-274, "ACCESSORY USES;" AND
SECTION 142-279 "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" AND (2) AT DIVISION 6, "CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT," SECTION 142-332, "MAIN PERMITTED USES;"
SECTION 142-333, "CONDITIONAL USES;" SECTION 142-334, "ACCESSORY
USES;" AND SECTION 142-340, "SPECIAL REGULATIONS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS;" TO AMEND THE HOURS OF OPERATION,
LOCATION, AND USE RESTRICTIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS IN THE 41ST STREET CORRIDOR, WHICH IS GENERALLY
BOUNDED BY 40TH STREET TO THE SOUTH AND 42ND STREET TO THE
NORTH, BETWEEN ALTON ROAD AND INDIAN CREEK; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
On May 11, 2016, the Mayor and the City Commission referred a discussion item pertaining to
operational regulations for alcoholic beverage establishments in the CD-3 zoning district on 41st
Street to address compatibility issues with the surrounding residential district to the Land Use
and Development Committee (item C4C). The referral was sponsored by Commissioner John
Elizabeth Aleman.
On May 18, 2016, the Land Use and Development Committee (LUDC) discussed the item and
directed staff to bring back a draft ordinance on June 15, 2016, based upon the language in the
recently approved Alton Road west alcoholic beverage amendment. On June 15, 2016, tThe
LUDC discussed the draft ordinance and recommended that the City Commission refer the item
Page 254 of 906
to the Planning Board.
On July 13, 2016, the Mayor and City Commission referred the draft ordinance to the Planning
Board (item C4G). The referral was sponsored by Commissioner John Elizabeth Aleman.
The CD-3 districts are the highest commercial zoning districts in the city allowing for dense
urban development. The entire length of 41st Street, from Alton Road on the west to the Indian
Creek Waterway on the east, is zoned CD-3 except for one block which is zoned RM-3
residential multifamily high intensity. Directly north and south of 41st Street are residential zoning
districts mostly comprised of single family homes and residential multifamily buildings buffered
on the south by the CD-1 commercial low-intensity zoning district.
Special regulations for alcoholic beverage establishments exist for the South of Fifth
neighborhood, North Beach, Sunset Harbour, and most recently the west side of Alton Road.
These areas of the City have a mixture of residential developments and destination eating and
drinking establishments. Although presently there are not many large restaurants or bars on 41st
Street, both the CD-1 and the CD-3 zoning districts allow for such uses.
Currently, in the CD-1 and CD-3 zoning districts alcoholic beverage establishments are listed as
permitted uses pursuant to the regulations set forth in Chapter 6 of the City Code. Only alcoholic
beverage establishments that exceed neighborhood impact establishment (NIE) thresholds
would be subject to operational conditions set by the Planning Board through the Conditional
Use process.
At the direction of the LUDC, and as referred by the City Commission, the draft ordinance
contained herein is based on the regulations proposed for the west side of Alton Road. The
following is a summary of the changes proposed for alcoholic beverage establishments
generally bounded by 40th Street to the south and 42nd Street to the north from Alton Road to
the Indian Creek waterway:
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 to alcoholic beverage establishments.
Page 255 of 906
As a point of clarification, the proposed regulations would only apply to new establishments or
any existing establishment that applied to expand its hours or location for seating. Similar
operational regulations exist in the South of Fifth neighborhood and in the Alton Road/West
Avenue corridor.
The Land Use Committee and City Commission also recommended that an exceptions clause
be added to the legislation, which has been included in the draft ordinance for referral.
Additionally, the Land Use Committee agreed with the recommendation of the City Attorney's
office that additional minor changes be made to the legislation, in order to cross reference
applicable sections of the City Code pertaining to sidewalk cafes and conditional use approval.
PLANNING BOARD REVIEW
On August 23, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed ordinance
amendment to the City Commission with a favorable recommendation.
UPDATE
On September 14, 2016 the City Commission opened and continued the item to a date certain
of October 19, 2016. On October 19, 2016, the subject Ordinance was approved at First
Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
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
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Ad
o Ordinance- Form Approved 2nd Reading
Page 256 of 906
26NE I I NEIGHBORS IDeR('Y OCTOBER 777(1'6 RAIDCOM
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
AN ORDINANCE AMENDING THE
LAND DEVELOPMENT REGULATIONS
41ST STREET CD-1 AND CD-3
DISTRICT ALCOHOLIC BEVERAGE
ESTABLISHMENT REGULATIONS
NOVEMBER 9, 2016
NOTICE IS HEREBY given that a Second Reading,Public Hearings,will be heard by the Mayor
and City Commission of the City of Miami Beach,Florida, in the Commission Chamber,3"Floor,
City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on November 9, 2016 at
10:05 a.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 OF THE CITY CODE,"ZONING DISTRICTS AND REGULATIONS,"ARTICLE
II,"DISTRICT REGULATIONS,"(1)AT DIVISION 4,"CD-1 COMMERCIAL LOW INTENSITY DISTRICT,"
SECTION 142-272,"MAIN PERMITTED USES"SECTION 142-273,"CONDITIONAL USES:"SECTION
142-274,"ACCESSORY USES;'AND SECTION 142-279"SPECIAL REGULATIONS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS;"AND (2)AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT,"SECTION 142-332,"MAIN PERMITTED USES;"SECTION 142-333,"CONDRIONAL USES;"
SECTION 142-334,"ACCESSORY USES:"AND SECTION 142-340,"SPECIAL REGULATIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS;"TO AMEND THE HOURS OF OPERATION,LOCATION,
AND USE RESTRICTIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE 41ST STREET
CORRIDOR,WHICH IS GENERALLY BOUNDED BY 4011-i STREET TO THE SOUTH AND 42ND STREET
TO THE NORTH, BETWEEN ALTON ROAD AND INDIAN CREEK; PROVIDING FOR CODIFICATION;
REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE.
These Ordinances are being heard.pursuant to Section 118-164 of the City's Land Development
Code.Inquiries may be directed to the Planning Department at 305.673.7550.
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, 101 Floor,City Hall,Miami Beach,Florida 33139.These items are available for public
inspection during normal business hours in the Office of the City Clerk.1700 Convention Center
Drive, 1a 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.SIaL,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-fay 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 305.6042489 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
Ad 1234 City of Miami Beach•
Page 257 of 906
•