BIE - RO DISTRICT REGULATIONS FOR ALCOHOL SALES IN NONCONFORMING USES – LDR (6/20/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
RO DISTRICT REGULATIONS FOR ALCOHOL SALES IN NONCONFORMING USES – LDR
AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED,
"LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE
XII, ENTITLED “NONCONFORMITIES,” BY AMENDING SECTION 2.12.5, ENTITLED
“NONCONFORMING USE OF BUILDINGS,” TO ESTABLISH REQUIREMENTS FOR
NONCONFORMING CAFES SERVING ALCOHOL AND LOCATED ON ALTON ROAD; BY
AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II,
ENTITLED, “DISTRICT REGULATIONS,” DIVISION 7.2.9, ENTITLED “RO
RESIDENTIAL/OFFICE DISTRICT,” BY AMENDING SECTION 7.2.9.2, ENTITLED “USES
(RO),” TO ALLOW ALCOHOL SALES IN EXISTING CAFES SUBJECT TO SPECIFIED
CONDITIONS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
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Business Impact Estimate
Page 2
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 L
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 10:06 a.m. First Reading Public Hearing
TITLE:RO DISTRICT REGULATIONS FOR ALCOHOL SALES IN NONCONFORMING
USES – LDR AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES”, ARTICLE XII, ENTITLED “NONCONFORMITIES,” BY AMENDING
SECTION 2.12.5, ENTITLED “NONCONFORMING USE OF BUILDINGS,” TO
ESTABLISH REQUIREMENTS FOR NONCONFORMING CAFES SERVING
ALCOHOL AND LOCATED ON ALTON ROAD; BY AMENDING CHAPTER 7
ENTITLED, “ZONING DISTRICTS AND REGULATIONS”, ARTICLE II, ENTITLED,
“GENERAL TO ALL ZONING DISTRICTS”, DIVISION 7.2.9 ENTITLED, “RO
RESIDENTIAL/OFFICE DISTRICT,” BY AMENDING SECTION 7.2.9.2, ENTITLED
“ USES (RO),” TO ALLOW ALCOHOL SALES IN EXISTING CAFES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for July
23, 2025.
BACKGROUND/HISTORY
On December 11, 2024, at the request of Commissioner Laura Dominguez, the City Commission
referred a proposal pertaining to alcohol sales in the Residential Office (RO) district (C4 J) to the
Land Use and Sustainability Committee (LUSC). On January 16, 2025, the LUSC recommended
that the City Commission refer applicable amendments to the Planning Board, in accordance with
the recommendations in the LUSC memorandum, and the following:
1. The number of seats shall not exceed ten (10).
2. A vesting provision shall be included.
On February 26, 2025, at the request of Commissioner Laura Dominguez, the City Commission
referred the subject ordinances to the Planning Board (C4 D).
ANALYSIS
Properties along the east side of Alton Road, between 12th and 14th Streets, are currently zoned
Residential Office (RO) on the City’s zoning map. This area was rezoned from commercial (CD-
2) to RO in 1998. At present, alcoholic beverage establishments, including restaurants serving
beer and wine, are not permitted in the RO district.
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The owner of a plant and garden nursery, located at 1239 Alton Road, which also operates an
accessory café and bakery, has proposed adding the sale of alcoholic beverages (beer and wine
only) to the café. The nursery and café are considered non-conforming uses, as they predate the
1998 zoning change. Although these uses are allowed to continue, they cannot be expanded.
Therefore, permitting alcohol sales at the premises would constitute an expansion of a non-
conforming use.
To facilitate the sale of alcohol at this location, the attached ordinance amending the Land
Development Regulations of the City Code (LDRs) is proposed. The following is a summary of
the proposed amendments:
1. Chapter 2, Article VII of the LDRs, pertaining to nonconformances, will be amended to permit
the expansion of a non-conforming café in the RO district and allow the limited sale of beer
and wine, in accordance with specified requirements and criteria.
2. Chapter 7, Article II of the LDRs, regarding the development regulations in the RO district, will
be amended to permit, on a limited basis, the sale of alcoholic beverages within existing cafés
in the RO district, in accordance with the specified requirements and criteria in Chapter 2.
In addition to the proposed LDR amendments, a separate, companion amendment to Policy RLU
1.1.1 of the Comprehensive Plan, pertaining to the RO future land use classification is also
proposed. Specifically, the Comprehensive Plan is proposed to be amended to include the sale
of beer and wine, as an accessory use to existing cafés, in accordance with the requirements
more specifically described in the LDRs.
The area along the east side of Alton Road, between 12th and 14th Streets, was re-zoned to RO
primarily due to its proximity to an established single-family zoning district to the east. The alley
(Lenox Court) separates the properties in the RO district from the residential homes on Lenox
Avenue. Given this context, careful consideration has been given in drafting the proposed
amendments to regulate alcohol sales in this area. Since the proposal is limited to existing cafés
and the sale of alcohol would only be allowed under specific conditions, the overall impact of
these changes is anticipated to be minimal.
PLANNING BOARD REVIEW
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for July 23, 2025.
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Applicable Area
South Beach
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Gus Gutierrez, Alton Road Nursery
Department
Planning
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
Condensed Title
10:06 a.m. 1st Rdg PH, RO District Regs for Alcohol Sales in Nonconforming Uses-LDR
Amendment. (LD) PL
Previous Action (For City Clerk Use Only)
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