Ordinance 2025-4768 RO District Regulations for Alcohol Sales in Nonconforming Uses —
Comprehensive Plan Amendment
ORDINANCE NO. 2025-4768
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 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 RESIDENTIAL / 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.
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.
Page 1 of 2
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 existina as of January 1, 2025, may be
authorized to sell beer and wine, as an accessory use to the cafe, subiect to the requirements
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, ctause 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 SCP�e+�hQ r o��•
ATTEST:
Steven Meiner, Mayor
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Rafae E. G anado, City Clerk APPROVED AS TO
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''�4R�r6,�=� �!City Attorney Date
First Reading: July 23, 2025 �"""""'
Second Reading: Septem er , 2025
Sponsored by Commissioner Laura Dominguez
Verified by:
Thomas . Moo ey, AICP
Planning Director
T:Wgenda\2025\08 September 3,2025\Planning\RO District Regulations Alcohol Sales in Nonconforming Uses-COMP PLAN-
Second Reading ORD.docx
Page 2 of 2
Ordinances - R5 I
��I IA�i11 BEAC H
COMMISSION MEMORANDUM
TO: Honorabie Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 3, 2025 9:55 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 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;
TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND1FiISTORY
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 (ROj district (C4 J) to the
Land Use and Sustainabiliry 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
PropeRies 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 plant 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
199$ 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.
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To facilitate 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 VII 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 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 cafes
in the RO district, in accordance with the specified requirements and criteria in Chapter 2.
Additionally, the attached ordinance amends Policy 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 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 cafes
and the sale of alcohol would only be allowed under specific conditions, the overall impact of
these changes is anticipated to be minimal.
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state
review process for adoption of comprehensive plan amendments. 7his process requires a public
hearing by the local planning agency (Planning Board), a public transmittal hearing before the
City Commission, after which the amendment must be transmitted to several state agencies for a
30-day review period, and a final adoption public hearing before the City Commission. The
amendment is effective 31-days after it is adopted if there are no appeals.
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 and
adopted by the City Commission at Second Reading on July 23, 2025. Due to an oversight, the
subject comprehensive plan amendment was not properly transmitted to the applicable State
review agencies until just after the July 23, 2025 City Commission meeting. As such, the
amendment is before the City Commission to re-adopt the ordinance.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Imaact Estimate? Yes
(FOR ORDINANCES ONLY)
907 of 1750
if applicable, the Business Impact Estimate (BIE) was published on: 6/20/2025
See BIE at: https://www.miamibeachfl.qov/city-halllcity-clerklmeetinq-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
South Beach
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Prolect?
Yes No
Was this Aqenda Item i�itiallv requested bY a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? 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
9:55 a.m. 2nd Rdg, RO Dist Regs/Alcohol Sales in Nonconf Uses-Comp Plan Amend. (LD) PL
5/7
Previous Action (For Citv Clerk Use Only)
First Reading Public Hearing on 5/21l2025 - R5 K
Second Reading Public Hearing on 7/23/2025 — R5 Q
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