HomeMy WebLinkAboutOrdinance 2022-4467 Package Store Prohibition on Alton Road
ORDINANCE NO. 2022-4467
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," BY AMENDING DIVISION 4, "CD-
1 COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-
275, "PROHIBITED USES," AND DIVISION 5, "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-
305, "PROHIBITED USES," TO ,AMEND THE LIST OF
PROHIBITED USES TO INCLUDE PACKAGE LIQUOR STORES
ALONG THE ALTON ROAD CORRIDOR; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Alton Road corridor is composed of a mixture of residential, light
industrial, and low-intensity service, restaurant and retail uses, which primarily serve City
residents; and
WHEREAS,the City Code currently permits certain uses within the CD-1 and CD-2 zoning
districts along the Alton Road corridor that are incompatible with adjacent residential
neighborhoods; and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the scale and character of the Alton Road corridor and the surrounding
neighborhoods; and
WHEREAS, the City's land development regulations include regulations for permitted,
accessory, conditional, and prohibited uses in the CD-1 and CD-2 zoning districts; and
WHEREAS, provisions for prohibiting certain types of uses within the CD-1 and CD-2
district in the Alton Road corridor are necessary and desirable; and
WHEREAS, the Alton Road corridor boasts unique cultural, retail, and dining experiences
that are vital to Miami Beach's local economy; and
WHEREAS, it is the intent of the City to limit the proliferation of establishments which may
negatively affect the Alton Road corridor and neighboring residential areas; and
WHEREAS, the proposed changes are necessary in order to promote sustainable mixed-
use development within the CD-1 and CD-2 zoning districts along the Alton Road corridor; 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," is .
hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
DIVISION 4. CD-1 COMMERCIAL, LOW.INTENSITY DISTRICT.
Sec. 142-275. Prohibited-uses.
The prohibited.uses in the CD-1-commercial, low intensity district are accessory outdoor bar
counter; outdoor entertainment establishment; open air entertainment establishment, dance hall,
and entertainment establishment. Except as otherwise provided in these land development
regulations, prohibited uses in the CD-1 commercial low intensity district-along the Alton.Road
corridor, generally bounded by West Avenue, Michigan Avenue, 5th Street, .and 20th Street
include package liquor stores..
DIVISION_5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Sec. 142-305. Prohibited uses.
(a) .The prohibited .uses in.the CD-2 commercial, medium intensity district are accessory
outdoor bar counters, except as.provided in article IV, division 2 of this chapter and
in chapter 6,
(b) Except as otherwise provided:in these land development regulations, prohibited 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, are
the.following:
(1) Hostels;.
(2) Outdoor entertainment establishments;
(3) . Neighborhood impact establishments;'
(4) Open air entertainment establishments;
(5) Bars;
(6) Dance halls;
(7) Entertainment establishments (as defined in section 114-1 of this Code)..
(8) Pawnshops;
(9) Tobacco and vape..dealers;
(10) Check cashing stores;.
(11) Convenience stores;
(12) Occult science establishments;
(13) Souvenir and T-shirt shops;
(14) .. Tattoo studios:
2 of 3
(c) Except as otherwise provided in. these land 'development regulations; prohibited uses
along Normandy Drive and 71It Street are the following:
(1) Tobacco and vape dealers;
(2) Package liquor stores; -
(3) Check cashing stores;
(4) Occult science establishments; .
-(5) Tattoo studios.
(d) Except as.otherwise provided in these land development.regulations, prohibited uses in
the CD-2 commercial medium intensity district along the Alton Road corridor, generally
bounded by West Avenue, Michigan Avenue, 5th Street, and 20th Street include the
following:
(.1) Package liquor stores..
SECTION 2. REPEALER:
All. ordinances or parts of ordinances' and all section and parts of sections in conflict .
herewith are hereby repealed:
SECTION 3. 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 4: SEVERABILITY.
If any section,. subsection, .clause or provision of this Ordinance is held 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 ao day of Jshaa'y 2022.
ATTEST:
J AN.2 5 2022 Mayor Dan Gelber
R fael E. GranapR, CityCl rk APPROVED AS TO FORM AND
LANGUAGE AND FOR-EXECUTION
Verified By:
omas R. Mooney, ICP
Planning Director City Attorney �� Date
First Reading:. December 8, 2021
Second Reading: January a0 , 2022
T:\Agenda\2021\12-December 8\Planning\Package Store Prohibition Alton Road-First Reading ORD.docx
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Ordinances -R5 K
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
5:01 p.m. Second Reading Public Hearing
SUBJECT: PACKAGE STORE PROHIBITION ONALTON ROAD
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," BYAMENDING DIVISION 4, "CD-1 COMMERCIAL, LOW
INTENSITY DISTRICT," SECTION 142-275, "PROHIBITED USES," AND
DIVISION 5, "CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT,"
SECTION 142-305, "PROHIBITED USES," TO AMEND THE LIST OF
PROHIBITED USES TO INCLUDE PACKAGE LIQUOR STORES ALONG
THE ALTON ROAD CORRIDOR; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On September 17, 2021, at the request of Commissioner Steven Meiner, the City Commission
referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and
the Planning Board (item C4L). On October 19, 2021 the LUSC reviewed the proposed
Ordinance and recommended approval.
ANALYSIS
PLANNING ANALYSIS
Package stores, and by extension package sales, are retail uses that primarily sell alcoholic
beverages for off premises consumption only. In general, the City Code allows for package
stores and package sales in any area of the City that allows retail sales, with some limited, and
defined exceptions. The hours and locations (including minimum distance separation) for
package stores are regulated in Chapter 6 of the City Code.
On October 19, 2016, the City Commission adopted Ordinance No. 2016-4047, which
prohibited package stores in the MXE, Mixed Use Entertainment zoning district. Since new
package stores are prohibited in the MXE district, there is an increased potential for new
package stores to seek to locate in other areas of the City, including along the nearby Alton
Road corridor.
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A proliferation of package stores and package sales within the city could have negative impacts
on adjacent residential areas. These impacts include the potential of open containers of
alcoholic beverages, consumption of alcoholic beverages in the City's parks and beaches, as
well as consumption on City streets and sidewalks, as opposed to within a licensed premise.
The consumption of open containers of alcoholic beverages in public places can severely
disrupt the quiet enjoyment of the community, cause undesirable noise, and contribute to litter,
noxious odors, and the general degradation of the City. This is especially true in areas that see
high levels of tourism.Also, the consumption of open containers of alcoholic beverages in
public places is a violation of Section 70-87 of the City Code.
In recent years, the Alton Road corridor has experienced an increase in the number of tourists
present, given the recent opening of several hotels and restaurants. Given that the Alton Road
corridor is adjacent to residential districts to the immediate east and west, it is the best interest
of the City, and it serves the health, safety, and welfare of the City's residents and visitors, to
prohibit package stores and package sales of alcoholic beverages along the Alton Road
corridor. This would minimize the potential'for nearby residents to be disturbed and have their
quality of life negatively impacted.
The proposed ordinance amends section 142-275, related to CD-1 prohibited uses, and
section 142-305, related to CD-2 prohibited uses, of the Land Development Regulations
(LDRs) to prohibit package liquor stores along the Alton Road corridor. See the attached map
for the specific boundaries of the affected area.
PLANNING BOARD REVIEW
On October 26, 2021, the Planning Board held a public hearing and transmitted the Ordinance
to the City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject Ordinance was approved at First Reading on December 8, 2021, with no changes,
including the waiver of the applicable Planning Board fees pursuant to section 118-162(c) of the
City Code.
SUPPORTING SURVEY DATA
Improve and Enhance Residents Quality of Life
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this Item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Page 712'of 1313
Sponsor
Commissioner Steven Meiner and Co-sponsored by Commissioner Alex Fernandez
ATTACHMENTS:
Description
❑ Map
❑ Ordinance
❑ Ad
Page 713 of 1313
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SUNDAYliNUAiy22022 I I NEIGHBORS I 27NE
CITY OF MIAMI BEACH CiTY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE MODIFYING REGULATIONS FOR ORDINANCE AMENDING PACKAGE STORE PROHIBITION ON
LOWER IMPACT ACCESSORY MEDICAL USES ALTON ROAD
(CLASS I MEDICAL USES) JANUARY 20,2022
JANUARY 20,2022 HYBRID CITY COMMISSION MEETING
HYBRID CITY COMMISSION MEETING On January 20,2022,the CO of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid
On January 20.2022,the iSry at Miami Beach wi8 host a Hybrid Commission Meeting.During the Hybrid Commission Meeting,the City Camntisslon will be physically present In a socially distanced mariner in the
Commission Meeting,the City Commission will be physically pfesent In a sodatfy distanced manner in the Commission Chamber,Miami Beach City Hall,1700 Convention Center Drive,3rd Flour,Miami Beach,FL 33139.
Commission Chamber,Miami Beach City Hall.1700 Convention Center Drive,3rd Fluor,Mlam(Beach,FL 33139. Applicants and the public are encouraged to attend the mating virtuaDy,(as provided below).However,members
Applicants and the public are encouraged to attend the meeting virtually(as provided below).However,members of the public who wish to attend the mating or provide public comment in person may appear at the Commission
of the public who wish to attend the meeting or provide public comment In person may appear at the Commission Chamber.Members of the pubic are niquiredto wear facial coverings(pursuant to City at Miarni Beach Resolution
Chamber.Members of the public are aquiredto wear facial coverings(pursuant to City of Miaml Beach Resolution 2021-31825)and observe social distancing consistent with CDC guidance to limit the spread of COVID-19.
2021-31825)and observe social distancing consistent with CDC guidance to limit the spread of COVIO-19. To participate or provide comrnent virtually during the Commission Meeting,the public may join the webinar
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NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayne and City CornmL%Iane(s of NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City Commissioners of
the City of Miami Beach,Flarida,an Ja sir2 20.2022.at 5:g3 pet or as soon thereafter as the matter can be heard'. the City of Miami Beach.Florida,an Jaao4ry tit,202t,at 5 01 pm or as soon thereafter as the matter can be heard:
5:03 are.Second NeMine Public Reerine 5:01 I'm.Second Relona Pubic Holdno
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF MIAMI BEACH.FLORIDA,AMENDING
THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTITLED"LAND DEVELOPMENT REGULATIONS," CHAPTER 142,"ZONING DISTRICTS AND REGULATIONS,'ARTICLE 11,"DISTRICT REGULATIONS,"BYAMENDING
BY AMENDING CHAPTER 142,ENTITLED"ZONING DISTRICTS AND REGULATIONS,"ARTICLE V.ENTITLED DIVISION 4,"CO-1 COMMERCIAL,LOMNTENSITY DISTRICT,'SECTION 142-275,"PROHIBITED USES,"AND
'SPECIALIZED USE REGULATIONS'DIVISION 2.ENTITLED'ASSISTED LIVING AND MEDICAL USES,"TO DIVISION S."CD-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT,"SECTION 142.305,"PROHIBITED USES,-TO
MODIFY REGULATIONS FOR(LASS I MEDICAL USES,WHERE PERMITTED AS AN ACCESSORY USE,TO AMEND THE LIST OF PROHIBITED USES TO INCLUDE PACKAGE LIGUOR STORES ALONG THE ALTON ROAD
PROVIDE CONSISTENCY WITH REGULATIONS FOR ACCESSORY COMMERCIAL USES IN CHAPTER 142, CORRIDOR;AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE
ARTICLE TV,DIVISION 2 OF THELAND DEVELOPMENT REGULATIONS AND OTHER RELATED PROVISIONS;AND This Ordinance is being heard pursuant to Section 118-164 of fhe Cily's Land Development Section 2.05 of
PROVIDING FOR REPEALER,CODIFICATION,SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance is being the City Charter;and§166.041 F.S.inquiries may be directed to the Planning Department at 305.673.7550.
heard pursuant to Section 118.164 of The 9ty's Land Devefopmenf Code.Inquires may be directed fo the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to take part in this meetlng or be represented by an agent.The pudic may
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