ROOFTOP ALCOHOL ESTABLISHMENTS - CUP REQUIREMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE," CHAPTER 1, ENTITLED "GENERAL PROVISIONS," ARTICLE II, ENTITLED "DEFINITIONS," SECTION 1.2.2, ENTITLED "USE DEFINITIONS," SUBSECTION 1.2.2.4, ENTITLED "COMMERCIAL," BY AMENDING AND EXPANDING THE DEFINITION OF NEIGHBORHOOD IMPACT ESTABLISHMENT TO INCLUDE ROOFTOP ALCOHOLIC BEVERAGE ESTABLISHMENTS ADJACENT TO PROPERTIES WITH A RESIDENTIAL UNIT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 

On May 17, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred the proposal (C4 A) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. The LUSC is scheduled to review the item on July 19, 2023 and the Administration will provide an update of the LUSC recommendation at the Commission meeting.

The Land Development Regulations of the City Code (LDRs) currently defines Neighborhood Impact Establishment (NIE) as follows:

Neighborhood impact establishment means:
(1) An alcoholic beverage establishment or restaurant, not also operating as an entertainment establishment or dance hall, with an occupant content of 300 or more persons as determined by the chief fire marshal; or

(2) An alcoholic beverage establishment or restaurant, which is also operating as an entertainment establishment or dance hall, with an occupant content of 200 or more persons as determined by the chief fire marshal.

Open air or outdoor rooftop establishments that include entertainment require a CUP regardless of the occupational content. However, rooftop alcoholic beverage establishments, whether enclosed or unenclosed, that have no entertainment do not require a CUP unless the occupational content of the establishment exceeds 300 persons.

To address future impacts on adjacent properties that contain residential uses, a 3rd NIE tier is proposed, for rooftop establishments, as follows:

An alcoholic beverage establishment or restaurant located on the top floor of a building, whether fully enclosed, partially open or open to the sky, including all open-air portions above the rooftop, which is located on a property that is within 200 feet of a property containing a residential unit.

If adopted, Planning Board approval of a CUP would be required for any future rooftop alcohol establishment that is on a property within 200 feet of a property containing a residential unit.

The proposed amendment is intended to address impacts from rooftop alcoholic beverage establishments that are located near residences. The primary impacts that are expected to be addressed through the conditional use process include hours of operation, occupancy, noise and lighting spillage. These impacts tend to be associated with entertainment venues and establishments with an occupancy greater than 299 persons.

PLANNING BOARD REVIEW
On June 27, 2023, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board further recommended that the ordinance include a clarification pertaining to open-air portions of an establishment above the roof. This recommendation has been incorporated into the ordinance for First Reading.

UPDATE
The subject ordinance was approved at First Reading on July 26, 2023, with no changes. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based upon the legislation implementing best practices in urban planning.

On September 13, 2023, Second Reading / Adoption of the ordinance was not reached due to the length of the agenda. The item was continued to the October 18, 2023 City Commission agenda.