R5I - Amend Ro District for Alcohol Sales

Ordinances - R5 I

COMMISSION MEMORANDUM

9:55 a.m. Second Reading Public Hearing

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance.

BACKGROUND/HISTORY

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 (RO) district (C4 J) to the Land Use and Sustainability 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

Properties 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 café and bakery, has proposed adding the sale of alcoholic beverages (beer and wine only) to the café. The nursery and café are considered non-conforming uses, as they predate the 1998 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.

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 café 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 cafés 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 cafés to offer the sale of beer and wine, as an accessory use to the café, 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 cafés 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. This 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 Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 6/20/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends that the City Commission adopt the ordinance.

Applicable Area

South Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? 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 City Clerk Use Only)

First Reading Public Hearing on 5/21/2025 - R5 K Second Reading Public Hearing on 7/23/2025 – R5 Q