On January 16, 2019, at the request of Commissioner Ricky Arriola and Vice-Mayor Michael Gongora, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item C4 AP).
The Land Use and Development Committee reviewed the proposed amendment on February 20, 2019 and recommended approval.
On March 1, 2017, the City Commission adopted an ordinance creating definitions for check cashing store, convenience store, occult science establishment, pharmacy store, souvenirs, souvenir and t-shirt shop, tattoo studio, and T-shirt. The ordinance also expanded the list of the prohibited uses in the CD-3 commercial, high intensity district with a lot line on Lincoln Road to include the above noted uses as prohibited uses.
On September 25, 2017, the City Commission adopted an ordinance creating the ‘Art Deco / Mimo Overlay District.’ This ordinance established definitions related to formula retail / restaurant establishments, and also created definitions for grocery store, marijuana dispensary or cannabis dispensary, and massage therapy center. This ordinance also established limitations and prohibitions on uses within the overlay district, including the prohibition of convenience stores on lots fronting Ocean Drive, and limits on such establishments in other areas within the overlay district.
As proposed, the definitions for both convenience store and grocery store will be modified as follows:
Convenience store means a retail store with direct access from the street or sidewalk
containing less than 6,000 square feet of floor area that is designed and stocked to sell a mixture of goods such as primarily food (packaged and/or prepared), non-prescription medications, beverages, newspapers, magazines, food (packaged and/or prepared), school/office supplies, cosmetics, and other household supplies. to customers who generally purchase a relatively few number of items (in contrast to a "grocery store" or "super market"). It is designed to attract and depends upon a large turnover of customers. A store that markets itself as a "pharmacy store" or "pharmacy" in addition to selling the goods described above, but that does not provide pharmacy services, including the dispensing of medicinal drugs by a pharmacist shall be considered a convenience store and not a pharmacy or pharmacy store.
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Grocery store means a retail store with direct access from the street or sidewalk
containing 6,000 or more square feet of floor area that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry.
Currently, in order to be classified as a convenience store under the City’s definition, such an establishment must be under 6,000 square feet. For example, an establishment that otherwise met the definition of a convenience store, but was over 6,000 square feet would not be defined as a convenience store. Thus, currently a convenience store that is under 6,000 square feet is a prohibited use on Lincoln Road, but a convenience store above 6,000 square feet is not prohibited. The proposal to eliminate the square footage delineation will treat convenience stores the same regardless of size, and such uses will be prohibited on Lincoln Road regardless of size.
As proposed, the prohibited uses in the CD-3 district will be expanded to include grocery stores as a prohibited use for properties with a lot line on Lincoln Road between Alton Road and Collins Avenue:
Sec. 142-335. – Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are
(2) secondhand dealers of precious metals/precious metals dealers; and
(3) accessory outdoor bar counter, except as provided in article IV, division 2 of this chapter and in chapter 6.
For properties with a lot line on Lincoln Road, between Alton Road and Collins Avenue, the following additional uses are prohibited:
(4) check cashing stores;
(5) medical cannabis dispensaries (medical marijuana dispensaries);
(6) convenience stores;
(7) grocery stores;
(8) occult science establishments;
(9) pharmacy stores;
(10) souvenir and t-shirt shops; and
(11) tattoo studios.
Additionally, the proposed ordinance adds grocery stores to the list of uses that are restricted within the Art Deco / Mimo Overlay District, as follows:
(13) Grocery Stores shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive.
b. In areas of the overlay district not included in subsection a. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment.
Collectively, these changes, which are minor in nature, create better clarity and balance as it pertains to the regulation of convenience store and grocery store uses.
PLANNING BOARD REVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). The Planning Board also recommended that the 2,500 separation requirement for grocery stores be removed from the Ocean Terrace / Harding Townsite area. This recommendation has been incorporated into the attached ordinance for first reading.
The subject ordinance was approved at first reading on March 13, 2019, with no changes. On April 10, 2019, second reading of the ordinance was deferred to May 8, 2019.