Ordinance 2025-4762 RO District Regulations for Alcohol Sales in
Nonconforming Uses—Comprehensive Plan Amendment
" ORDINANCE NO. 2025-4762
AN ORDINANCE OF THE MAYOR AND CITY COIVIMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH
YEAR 2040 COMPREHENSIVE PLAN, BY AMENDING GOAL RLU 1:
LAND USE; OBJECTIVE RLU 1.1: ESTABLISHMENT OF FUTURE LAND
USE CATEGORIES; POLICY RLU 1.1.11: RESIDENTIAL / OFFICE (RO),
TO ESTABLISH REQUIREMENTS FOR NONCONFORMING CAFES
SERVING ALCOHOL AND LOCATED ON ALTON ROAD; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTTAL;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, certain nonconforming cafe uses located on portions of Alton Road
designated; Residential Office (RO) on the Future Land Use Map are uniquely valuable
neighborhood amenities; and
WHEREAS, nonconforming cafe uses located on Alton Road in areas designated "RO"
provide residents with access to food and beverage establishments within walkable distances,
which promotes pedestrianism, reduces traffic, and improves quality of life of residents; and
WHEREAS, the proposed amendment affects less than 10 acres and is a small scale
amendment, pursuant to section 163.3187(1), Florida Statutes; 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.The following amendments to the City's 2040 Comprehensive Plan Future Land Use
Element are hereby adopted:
RESILIENT LAND USE AND DEVELOPMENT ELEMENT
* * *
GOAL RLU 1: LAND USE
* * *
POLICY RLU 1.1. 11 RESIDEWTIAL/OFFICE (RO)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new office residential areas which are compatible with single family and other
residential development.
Page 1 of 2
Uses which may be permitted: Offices and certain residential uses including single family
detached dwellings, single family attached dwellings, townhouse dwellings and multiple family
dwellings.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations, which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
Nonconforminq cafes located on Alton Road that are existinq as of January 1, 2025, mav be
authorized to sell beer and wine, as an accessory use to the cafe, subiect to the reauirements
more specifically described in the Land Development Requlations.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same 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 renumbered or relettered 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 31 days after adoption pursuant to Section 163.3187(1),
Florida Statutes.
PASSED AND ADOPTED this �3 day of �'t�I � �O�S�
�
ATTEST:
� 5 �025 Steven Meiner, Mayor
Rafael E. Granado, City Clerk ` _,��.8,,,,,,,
�P.••••�••••����,,,, APPROVED AS TO
_���� � ti,
First Reading: May 21, 2025 : •��'��:'••; '-;FORM AND LANGUAGE
Second Reading� Jul 23 2025 � � ��``� �° '& FO UTION
';, :IW(OSP�jORATEU� :
; .
4.� `y�i� :,��?=
Verified by: '``''��ct����,�:�:= SI�.S""
� omas R. Mo ey, AICP �����"���••�• City Attorney �� Date
Planning Director
T:Wgenda�2025\05 May 21,2025\Planning\RO District Regulations Alcohol Sales in Nonconforming Uses-COMP PLAN-First
Reading ORD.docx
Sponsored by Commissioner Laura Dominguez Page 2 of 2
Ordinances -R5 Q
11/IIAl1/� I �EA��I
COMMISSION MEM�RANDUM .
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025 10:45 a.m. Second Reading Public Hearing
TITLE: RO DISTRICT REGULATIONS FOR ALCOHOL SALES IN NONCONFORMING
USES — COMPREHENSIVE PLAN AMENDMENT�
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2040
COMPREHENSIVE RLAN, BY AMENDING GOAL RLU 1: LAND USE; OBJECTIVE
RLU 1.1: ESTABLISHMENT OF FUTURE LAND USE CATEGORIES; POLICY RLU
1.1.11: RESIDENTIAL / OFFICE (RO), TO ESTABLISH REQUIREMENTS FOR
NONCONFORMING CAFES SERVING ALCOHOL AND LOCATED ON ALTON
ROAD; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;
TRANSMITTAL; REPEALER; SEVERAB(LITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and Ciry Commission (City Commission) adopt
the ordinance.
BACKGROUNDIHISTORY
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. Ti�e 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. � .
The owner of a p(ant and garden nursery, located at 1239 Alton Road, which also operates an
accessory cafe and bakery, has proposed adding the sale of alcoholic beverages (beer and wine
only)to the cafe. The nursery and cafe 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. .
� 1086 of 1791
To facifitate the sale of alcohol at this location, separate amendments to the City's Land
Development Regulations (LDRs) and the Comprehensive Plan are proposed. The following is a
summary of the proposed amendments to the LDRs, which are part of a companion ordinance:
1. Chapter 2, Article V!I of the LDRs, pertaining to nonconformances, will be amended to permit
the expansion of a non-conforming cafe in the RO district and allow the limited sale of beer
and wine, in accordance with specified requirements and criteria.
2. Chapter 7, Article I I of the LDRs, regarding the development regulations in the RO district, will
be emended to permit, on a limited basis,the sale of alcoholic beverages within existing cafes
in the RO district, in accordance with the specified requirements and criteria in Chapter 2.
Additional(y, ti�e attached ordinance amends Poficy RLU 1.1.1 of the Comprehensive Plan,
pertaining to the RO future land use classification, to include a provision for nonconforming cafes
to offer the sale of beer and wine, as. an accessory use to the cafe, in accordance with the
requirements more specifically described in the LDRs: �
The area along the e�ast 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 cafes
and the sale of afcohof would onfy be allowed under specific conditions, the overall impact of
these changes is anticipated to be minimal.
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
The total land area involved in this application is less than 10 acres. Under Section 163.3187
F.S., land use map amendments of less than 10 acres in size may be considered "small-scale"
amendments, which require only one public hearing before�the City Commission, which shall be
, an adoption hearing. Upon adoption, the local government shall send a copy of the adopted
small-scale amendment to the State Land Planning Agency so that the Agency can maintain a
' complete and up-to-date copy of the City's Comprehensive Plan. ,
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).
. UPDATE
The subject ordinance was approved at First Reading on May 21, 2025, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal lmpact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY) �
If applicable, the Business Impact Estimate (BIE) was published on: 6/20/2025
See BIE at: https://www.miamibeachfl.qov/city-hall/citv-clerk/meetina-notices/
; �
FINANCIAL INFORMATION
Not Applicable
� � 1087�of 1791
CONCLUS(ON
The Administration recommends that the City Commission adopt the ordinance.
AQplicable Area
South Beach
Is this a "Residents Right to Know" item. is this item related to a G.O. Bond �
qursuant to CiEv Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initiallv requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a urincipal enaaqed in lobbvinca? Yes �
(f 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
10:45 a.m. 2nd Rdg, RO Dist Regs/Alcohol Sales in Nonconf Uses-Comp Plan Amend. (LD) PL
Previous Action (For Citv Clerk Use Onlv)
First Reading Public Hearing on 5/21/2Q25 - R5 K
I088 of 1791