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
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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.
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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
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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
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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
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THURSDAY JANUARY 4 2018
MIAMIHERALD,COM
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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
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