Item Coversheet

Ordinances - R5  L




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:February  12, 2020
 

First Reading

SUBJECT:

SUNSET HARBOR ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS

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,” (1) AT DIVISION 5, “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” SECTION 142-310, “SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS”; AND (2) AT DIVISION 11, “I-1 LIGHT INDUSTRIAL DISTRICT,” SECTION 142-488, “SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS,” TO ELIMINATE EXISTING EXCEPTIONS TO THE 2:00 A.M. CLOSING TIME FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE SUNSET HARBOUR NEIGHBORHOOD, WHICH IS GENERALLY BOUNDED BY PURDY AVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for March 11, 2020.

BACKGROUND/HISTORY

On December 11, 2019, at the request of Commissioner Mark Samuelian and Co-Sponsored by Commissioner Ricky Arriola, the City Commission referred the item to the Planning Board for review and recommendation (item C4 J).

ANALYSIS

PLANNING ANALYSIS

Miami Beach’s nightlife areas have historically been concentrated in the commercial and mixed-use entertainment districts along Washington Avenue, Collins Avenue, and Ocean Drive.  In contrast, the Sunset Harbour neighborhood is composed of a mixture of residential, light industrial, and low intensity personal service, restaurant, and retail uses, which primarily serve neighborhood residents.  Within this neighborhood, residential uses are divided only by the width of a street from commercial and industrial districts.

 

The City Code permits certain nightlife uses within the CD-2 and I-1 zoning districts, which, absent mitigation and appropriate regulation, could be incompatible with adjacent residential uses in the Sunset Harbour neighborhood.  Specifically, this includes large restaurants, stand-alone bars, outdoor food and beverage service, entertainment establishments, and dance halls.

 

In order to limit the potential impacts on residential uses, on October 19, 2016, the City adopted Ordinance No. 2016-4046, which limited the hours of operation of alcoholic beverage establishments in Sunset Harbour, with certain exceptions, to 2:00 a.m.  Previously, establishments were permitted to remain open until 5:00 a.m.  The exceptions included establishments that had existed or obtained land use board approval prior to August 23, 2016.

 

Due to negative impacts that have continued to occur from pre-existing alcoholic beverage establishments, it is now recommended that the exemption be removed so that all alcoholic beverage establishments would be required to close by 2:00 a.m.  Florida law grants municipalities broad authority to regulate the sale of alcoholic beverages. In the exercise of that authority, municipalities may prohibit the sale of alcohol within certain hours and/or within certain zoning districts. Specifically, Section 562.14, Florida Statutes, authorizes municipalities, by ordinance, to establish hours of sale for alcoholic beverages.

 

Florida courts have consistently held that alcoholic beverage establishments are not entitled to “grandfather” status as to hours of sale for alcoholic beverages.[1] Accordingly, the City has the authority to adopt the proposed legislation.

 

PLANNING BOARD REVIEW

On January 28, 2020, 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.

 

APPLICATION FEE WAIVER

The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

 

1.     The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

 

2.     Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

 

3.     If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

 

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.



[1] See Village of North Palm Beach v. S & H Foster’s, Inc. (Fla. 4th DCA 2012); Other Place of Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978).

CONCLUSION

The administration recommends that the City Commission:

1.      Approve the subject ordinance at first reading and set a second reading/public hearing for March 11, 2020.

2.      In accordance with section 118-162(c) of the City Code, waive the applicable application fees based upon the legislation implementing best practices in urban planning.

Applicable Area

South Beach
Is this a Resident Right to Know item? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioner Samuelian & Commissioner Arriola, & Co-sponsored by Commissioner Gongora & Mayor Gelber

ATTACHMENTS:
Description
Ordinance