| | | | | | | |  | Ordinances - R5 H
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | December 8, 2021 | | | | 10:45 a.m. First Reading Public Hearing
| | SUBJECT: | PACKAGE STORE PROHIBITION ON ALTON 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,” 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. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for January 2022. |
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| | | | | | | | 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. |
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| | | | | | | | 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.
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.
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.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improve and Enhance Residents Quality of Life |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at First Reading and set a Second Reading/Public Hearing for January 2022. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Steven Meiner and Co-sponsored by Commissioner Alex Fernandez |
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