BACKGROUND

At the February 10, 2016 City Commission meeting, while discussing item R5F, concerning the consolidation ordinance for alcoholic beverages, the Commission referred a discussion item to the Land Use and Development Committee (LUDC) pertaining to separate alcohol regulations for Alton Road and 17^th Street.  This proposal was sponsored by Commissioner Joy Malakoff.

On February 17, 2016, the LUDC discussed the item and continued the matter to March 30, 2016.  Staff was instructed to prepare a draft ordinance in accordance with the discussion, for review on March 30, 2016. On March 30, 2016, the Land Use Committee reviewed the proposed ordinance and transmitted it to the City Commission with a favorable recommendation.

Initially the proposed modifications were to be located in Chapter 6 of the City Code. Subsequent to the recommendation of the Land Use Committee, it was determined that the modifications needed to be in Chapter 142 of the Land Development Regulations, so that all regulations regarding alcohol hours of operation and conditional use criteria be located within the same chapter. 

On April 13, 2016, the City Commission approved the proposed ordinance at First Reading and set a Second Reading Hearing for May 11, 2016. The City Commission also referred the item to the Planning Board, prior to Second Reading.  Additionally, the City Commission requested that the Planning Board further study the 17^th Street portion of the legislation, particularly as it pertains to a 100-foot distance separation from single family uses.

On April 19, 2016, the Planning Board reviewed the proposed Ordinance and took the following action:

1. The Alton Road portion of the ordinance was transmitted with a favorable recommendation (6-1).

1. The 17^th Street portion of the ordinance was transmitted with an unfavorable recommendation (7-0) and the Board further recommended that this portion of the legislation be bi-fricated for further study.

On May 11, 2016, the City Commission approved the Alton Road portion of the legislation, and referred the 17^th Street part back to the Land Use Committee for further study. On May 18, 2016, the Land Use Committee continued this item to June 15, 2016.  On June 15, 2016 the Land Use Committee discussed the item and directed staff to revise the ordinance to amend Sec 142-332, and to require that entertainment establishments in the affected area also include full kitchens. The matter was continued to the July 20, 2016 meeting of the LUDC.

On July 20, 2016 the Land Use Committee endorsed the proposal, and recommended that the proposed new language in Sec. 142-332 only be applicable to ‘dance halls’. Additionally, the Committee recommended that both dance halls and entertainment establishments in the affected areas be required to have double door vestibules from all sidewalk access points.  These changes have been incorporated into the draft Ordinance for referral.

On September 14, 2016, at the request of Commissioner Joy Malakoff, the City Commission referred the subject Ordinance to the Planning Board (Item C4 D).

ANALYSIS

The south side of 17^th Street, between Meridian Avenue and Lenox Avenue, is zoned commercial high-intensity (CD-3).  This area is directly across the street from residential uses (RM-1 and RS-4) in the Palm View Historic District, which is comprised of low-rise apartment buildings and single family homes.  Residents from Palm View have expressed a strong desire for operational restrictions on eating and drinking establishments to the south of 17^th Street, particularly with regard to the hours of operation, outdoor areas, and entertainment uses.

Certain operational standards and regulations exist in the zoning code for the other parts of the City (e.g. North Beach, South of Fifth, and Sunset Harbor) that have a mixture of residential uses and destination eating and drinking establishments.  However, new establishments proposed to be located along 17^th Street do not currently have the same type of regulations. 

Currently, alcoholic beverage and entertainment establishments not exceeding specified occupational load thresholds do not require Conditional Use review by the Planning Board in the commercial zoning districts along 17^th Street.  These thresholds are an occupational load of 300 or more persons for eating and drinking establishments without entertainment and an occupational load of 200 or more persons for establishments with entertainment; the occupational load is determined by the Fire Marshall. Additionally, 5:00 am liquor licenses are permitted.

At the direction of the City Commission on May 11, 2016, staff drafted a revised ordinance, specific to the 17^th Street area. The previous draft legislation had proposed operational requirements and hours restrictions on alcoholic beverage establishments and outdoor areas for properties south of 17^th Street, from Meridian to Lenox Avenues. 

These initial draft requirements applied to establishments where the entrance door of which was located within 100 feet of a single family residential use.  However, the 100-foot distance separation proposed under the prior ordinance draft would have only affected a very limited number of properties.  Pursuant to the direction of the Land Use Committee, the attached ordinance has been revised and updated to include the following revision to sec 142-332:

For properties located south of 17th Street, between Lenox Avenue and Meridian Avenue, and properties with a lot line adjoining Lincoln Road, from Collins Avenue to Alton Road, dance halls (as defined in section 114-1 of this Code) licensed as alcoholic beverage establishments shall only operate as restaurants with full kitchens and serving full meals. Additionally, such dance halls, as well as entertainment establishments, on properties located south of 17th Street, between Lenox Avenue and Meridian Avenue, and properties with a lot line adjoining Lincoln Road, from Collins Avenue to Alton Road, shall be required to install a double door vestibule at all access points from the sidewalk, with the exception of emergency exits

PLANNING BOARD REVIEW

On November 15, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed Ordinance to the City Commission with a favorable recommendation.  Additionally, the Planning Board recommended protections against dance halls from operating in the RM-3 district, at the eastern end of Lincoln Road (east of Collins Avenue).  Specifically, concerns were expressed with the language proposed for deletion, which previously applied to the eastern end of Lincoln Road when the properties east of Collins Avenue were zoned CD-3; such properties are now zoned RM-3. 

It should be noted, however, that the section of the code proposed for amendment has always been, and is still specific to the CD-3 district. Additionally, in the RM-3 district, dance halls would only be permitted as an accessory use to a hotel and in most instances would require Conditional use Approval.

UPDATE

On December 14, 2016, the City Commission approved the subject ordinance at First Reading, with no changes.

The Administration recommends that the City Commission adopt the ordinance.

In accordance with Charter Section 5.02, which requires that the “City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions,” this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action.  The proposed Ordinance is not expected to have a negative fiscal impact upon the City.