16South Miami
To: The Honorable Mayor Stoddard and Members of the City
Commission ,n, -- __``
Via: Buford R "Randy "Witt, Acting City Manager 0^'
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: June 2, 2010 'ITEM Noe
Subject
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida amending the South Miami Code of rOrdinances by amending Chapter 4,
Alcoholic Beverages Article 1, Section 4 -2 entitled "Distance requirements;
nonconforming use; certificate of occupancy'; in order to provide an exemption to
the spacing requirements between a liquor package store and residential uses for
properties located on U.S. 1 (South Dixie Highway); providing for severability;
providing for ordinances in conflict; and providing for an effective date.
BACKGROUND
The South Miami Code of Ordinances sets forth in Section 4 -2 a required distance
between establishments which serve alcoholic beverages and residential uses. City Code
Section 4- 2(a)(4) specifically provides an exception to the residential distance
requirement for restaurants located along Bird Road and South Dixie Highway. However,
this exemption does not apply to package liquor stores which are located on South Dixie
Highway. This type of business must be at least 500 feet from any residentially zoned
properties.
SPECIAL REQUEST
A property owner who recently built a new retail store complex on S. Dixie Highway (see
attached letter from D. Hill, 5- 17 -10) has a potential package store lessee. Mr. Hill is
requesting that this section of the City Code be amended to also allow a liquor package
store to be exempt from the 500 foot distance requirement. There are residentially zoned
areas abutting his property in the rear across a narrow canal. Mr. Hill contends that this is
a clean retail use facing a major highway. He explains that the special use process in
addition to his existing buffer area in the rear will assure that this use will not impact
nearby residential areas.
PROPOSED AMENDMENT
The request for an exemption from the distance requirement can be accomplished by the
addition of a new Sec. 4- 2(a)(5) specially providing an exception from the distance
requirement for liquor package stores on U.S.1, South Dixie Highway. The proposed
draft ordinance prepared by the Administration is attached. The new added wording
would be as follows:
"(5) Exceptions from the aforementioned distance requirements from residential.
Premises located in zoning districts which permit liquor package stores which are
located along U.S. 1 (South Dixie Highwav) provided that a permanent, opaque
buffer is provided between the premises and any and all adjoining properties which
are zoned residential. "
RECOMMENDATION
It is recommended that the attached draft ordinance be approved on first reading.
Attachments:
Draft Ordinance
Communication from D. Hill, 5 -17 -10
City Code Section 4, Alcoholic Beverages, Se. 4 -2
TJVISAY
X 1Comm Items1201016- 2- 101City Code Amend Chap 4 Liquor Distance CMReportdoc
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida amending the South Miami Code of Ordinances by amending Chapter 4,
Alcoholic Beverages Article 1, Section 4 -2 entitled "Distance requirements;
nonconforming use; certificate of occupancy'; in order to provide an exemption to the
spacing requirements between a liquor package store and residential uses for properties
located on U.S. 1 (South Dixie Highway); providing for severability; providing for
ordinances in conflict; and providing for an effective date.
WHEREAS, City Code Section 4 -2 sets forth a required distance between establishments
which serve liquor, beer and wine and residential uses; and
WHEREAS, City Code Section 4- 2(a)(4) specifically provides an exception to the
residential distance requirement for restaurants located along Bird Road and South Dixie
Highway; and
WHEREAS, the City has received a request from a property owner to allow a liquor
package store to also be exempt from the distance requirement from residential uses if located
on South Dixie Highway; and
WHEREAS, the proposed request would not be detrimental to abutting residential
properties if the subject business is buffered by a wall or extensive landscaping from adjoining
residential properties; and
WHEREAS, Ordinance 10 -10 -2035 adopted by the City Commission on April 6, 2010
mandates that the location of a package liquor store must be approved via the Special Use
process requiring public hearings and possible imposition of conditions thereby providing
additional protection for residential properties abutting a package liquor stare.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby approves amending Chapter 4 of the City's Code of
Ordinances entitled "Alcoholic Beverages" by making the following amendment:
Chapter 4 ALCOHOLIC BEVERAGES
ARTICLE. I. IN GENERAL
Sec. 4 -2. Distance requirements; nonconforming use; certificate of occupancy.
(a) Distance requirements.
(1) Distance from a church, school, or residential property shall be measured by following a
straight horizontal line from the nearest point of the property line of the property on which the
proposed licensed establishment is to be located to the nearest point of the property line of a
church, school or residential property.
1 2
2
3 (2) In all other cases, distance shall be measured by following a straight horizontal line from the
4 nearest point of the perimeter wall of the proposed establishment to the nearest point of the
5 perimeter wall of the existing establishment.
6
7 (3) No premises shall be used for the sale of alcoholic beverages where the proposed licensed
8 establishment is located less than the distance in feet from another use as indicated in the
9 following chart:
to
spacing
Required
Church
Residential
,
Restaurant
Bars/
Lounges
Night
Clubs
Grocery
Super
Market
Package
Gift
Baskets
Nonconfor
Ming
(feet)
Uses
Restaurants
500
500
Bar/Lounge
500
500
Nightclub
500
500
Grocery
500
Store
Super
500
Market
Package
500
500
Store
Gift Basket
Nonconfor
ming Uses
11
12 * The spacing between residential properties and restaurants, bar /lounge and nightclub does not
13 apply within the Hometown District, as well as adjacent residential property outside of the
14 Hometown District.
15
16 (4) Exceptions from the aforementioned distance requirements from residential. Premises
17 located in zoning districts which permit restaurants and which are located along Bird Road and
18 U.S. 1 (South Dixie Highway) may serve wine and beer as part of an approved restaurant use
19 where no bar is provided, where food is served in conjunction with alcoholic beverages within or
20 upon the premises at approved seating only, and where a permanent, opaque buffer is provided
21 between the premises and any and all adjoining properties which are zoned residential. Distance
22 requirements from churches and schools shall be observed for all properties along Bird Road and
23 U.S. 1 (South Dixie Highway).
24
25 (5) Exceptions from the aforementioned distance requirements from residential. Premises
26 located in zoning districts which permit liquor package stores which are located along U.S.
27 1 (South Dixie Highway) provided that a permanent opaque buffer is provided between
28 the premises and any and all adjoining properties which are zoned residential.
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32 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
33 are hereby repealed.
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Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1 st Reading —
2nd Reading —
day of 12010
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley
Commissioner Harris:
X: \Comm Items \2010 \6- 2- 10\City Code Chap 4 Amend Liquor Distance Ord.doe
Mr. David Hill
6400 S. Dixie Highway
Miami, FL. 33143
May 17, 2010
RE: Liquor Package Store
Dear City Manager Witt:
I am the owner of a new retail store complex at 6400 S. Dixie Highway. The leasing up
of the stores has been very difficult in these economic times. I have a potential lessee
who wants to open a liquor package store. This is a very clean low traffic business facing
on a major super highway in South Miami.
I have been advised by the Planning and Zoning Department that the City Code does not
permit package stores within 500 feet of residential uses. This section (Chapter 4 -2)
already allows for an exemption to the distance requirement for restaurants on U.S. 1. It
would be appreciated if someone could initiate an ordinance allowing this exemption to
extend to package stores.
The Planning and Zoning Department has also advised that if this exemption is given, the
package store use is now a special use which would require public hearings and City
Commission approval. At that time the City Commission could consider adding
conditions in order to make sure that this use is compatible with nearby properties.
Sincerely,
% J
David Hill /
305- 794 -7206
,CEIVE
MAY t , 2H, A
CITY MANAGER'S
Chapter 4
ALCOHOLIC BEVERAGES*
Art. I. In General, §§ 4.1 -4 -9
Art. II. Licenses, §§ 4- 10 -4 -13
ARTICLE I. IN GENERAL
Sec. 4 -1. Manufacture, sale, distribution governed by pro -
visions of this chapter.
No person, corporation, or other entity shall engage in the
manufacture, sale or distribution of alcoholic beverages, except
strictly under the terms and provisions of this chapter.
(Ord. No. 128, § 1, 9- 24 -40; Ord. No. 1448, § 1, 6- 12 -90)
Sec. 4 -2. Distance requirements; nonconforming use; cer-
tificate of occupancy.
(a) Distance requirements
(l.) Distance from a church, school, or residential property
shall be measured by following a straight horizontal line
from the nearest point of the property line of the property
on which the proposed licensed establishment is to be
located to the nearest point of the property line of a
church, school or residential property.
(2) In all other cases, distance shall be measured by following
a straight horizontal line from the nearest point of the
perimeter wall of the proposed establishment to the
nearest point of the perimeter wall of the existing estab-
lishment.
^'Cross reference — Consumption of alcoholic beverages in public and private
places, § 15 -74.
State law reference — Alcoholic beverage laws, Chs. 561, 567, 565, and 569,
Florida Statutes.
Supp. No. 65 47
§ 4 -2 SOUTH MIAMI CODE § 4 -2
(3) No premises shall be used for the sale of alcoholic bever-
ages where the proposed licensed establishment is located
less than the distance in feet from another use as indi-
cated in the following chart:
Supp. No, 65 48
§ 4 -2 ALCOHOLIC BEVERAGES § 4 -2
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§ 4 -2 ALCOHOLIC BEVERAGES § 4.2
(4) Exceptions from the aforementioned distance require-
ments from residential. Premises located in zoning dis-
tricts which permit restaurants and which are located
along Bird Road and U.S. 1 (South Dixie Highway) may
serve wine and beer as part of an approved restaurant use
where no bar is provided, where food is served in conjunc-
tion with alcoholic beverages within or upon the premises
at approved seating only, and where a permanent, opaque
buffer is provided between the premises and any and all
adjoining properties which are zoned residential. Dis-
tance requirements from churches and schools shall be
observed for all properties along Bird Road and U.S. 1
(South Dixie Highway).
(b) Compliance prerequisite to issuance of licenses, permits,
certi/acates. No certificate of use or occupancy, license, building or
other permit shall be issued to any person, firm, or corporation for
the sale of alcoholic beverages to be consumed on or off the
premises where the proposed place of business does not conform
to the requirements of subsection (a) of this section.
(c) Violating uses declared nonconforming, • abandonment. The
uses referred to in subsection (a) of this section that are in
violation of the provisions thereof shall be deemed to be noncon-
forming, and as such may continue until there is an abandonment
thereof. Once a nonconforming use is abandoned it shall not be
reestablished unless it can conform to the requirements of this
chapter. Abandonment shall consist of a change of use or of a
suspension of active business with the public for a period of six (6)
months, or prior to the end of the period, on a written declaration
of abandonment by the tenant and owner of the premises if under
lease, and if not, by the owner.
(d) Sketch indicating location. For the purpose of establishing
the distance between alcoholic beverage uses and any other use,
the applicant for such use shall furnish a certified survey. Such
survey shall indicate the distance in feet between the proposed
place and any other use.
(e) Reserved.
(f) Reserved.
Supp. No. 59 49
§ 4 -2 SOUTH MIAMI CODE § 4 -4
(g) Reserved.
(h) Certificate of occupancy void after thirty (30) days if pre-
mises not established. All alcoholic beverage uses must be estab-
lished on the premises within thirty (30) days of the date of
issuance of a certificate of use and occupancy, otherwise said
certificate of use and occupancy shall be null and void.
(i) Compliance prerequisite to issuance of license. Anything to
the contrary notwithstanding, no liquor license of any type may
be used in a manner contrary to this chapter. The tax collector
shall issue no license unless a current certificate of use or
occupancy in the applicant's name accompanies the application.
The license as issued shall note thereon any special limitations or
restrictions applicable due to the zoning on the property.
0) Application of state law, zoning requirements. Nothing
herein, however, shall be deemed and attempt to modify any
prohibition or make less restrictive any requirements by the laws
of the State of Florida, or any requirement or restriction estab-
lished by Chapter 20 of this Code [the city zoning ordinance].
(Ord. No. 128, § 2, 9- 24 -40; Ord. No. 153, 5- 21 -46; Ord. No. 161,
7 -1 -47; Ord. No. 379, §§ 1, 2; Ord. No. 391, § 1, 11- 19 -57; Ord. No.
453, § 1, 12- 20 -60; Ord. No. 1289, §§ 1, 2, 10 -6 -87; Ord. No. 1289A,
§§ 1, 2, 11 -3 -87; Ord. No. 1448, §§ 2 -5, 6- 12 -90; Ord. No. 1558,
§ 1, 6- 14 -94; Ord. No. 1651, § 1, 2 -3 -98; Ord. No. 1749, § 1, 8 -7 -01)
State law reference- Authority to restrict location of vendors by zoning
ordinance, § 561.44 et seq., Florida Statutes.
Sec. 4 -3. Reserved.
Editor's note -Ord. No. 23 -98 -1671, § 2, adopted Oct. 20, 1998, repealed
section 4 -3 in its entirety. Former section 4 -3 pertained to seizure and forfeiture of
illicit liquors, stilling apparatus, etc. and derived from Ord. 300, § 1, adopted May
18, 1954)
State law reference -For state law authorizing seizure and forfeiture, see
§ 562.35, Florida Statutes.
Sec. 4 -4. Regulation for premises.
Premises for sale of alcoholic beverages shall be controlled as
follows:
(a) Games of chance. No person licensed under this chapter
or any ordinance of the city shall, in any room where
Supp. No. 59 50