Item Coversheet

Ordinances - R5  L




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019
 

5:01 p.m. Second Reading Public Hearing

SUBJECT:

PROHIBITED USE AMENDMENT AND EXPANSION - LINCOLN ROAD AND ART DECO OVERLAY DISTRICT

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 "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO AMEND THE DEFINITIONS FOR "CONVENIENCE STORE" AND "GROCERY STORE"; AND AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-335, ENTITLED "PROHIBITED USES," TO AMEND THE LIST OF PROHIBITED USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD, BETWEEN COLLINS AVENUE AND ALTON ROAD; AND BY AMENDING ARTICLE Ill, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO," AT SECTION 142-870.11, ENTITLED "COMPLIANCE WITH REGULATIONS," TO AMEND THE LIST OF PROHIBITED USES FOR PROPERTIES IN THE OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission adopt the original version of the ordinance, approved at first reading (option A attached hereto). However, if there is consensus regarding the applicability clause that has been proposed by an affected property owner, the administration and the city attorney’s office would jointly recommend that option B of the ordinance (also attached hereto) be considered for adoption.

ANALYSIS

HISTORY

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.

 

BACKGROUND

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.

 

PLANNING ANALYSIS

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.

 

*                                   *                                   *

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.

 

In a similar manner, in order to be classified as a grocery store under the City’s definition, such establishment must be 6,000 square feet or more. The proposal to eliminate the square footage requirement would treat all grocery stores the same in terms of use.

 

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

(1)  pawnshops;

(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.

 

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.

 

UPDATE
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. On May 8, 2019, the item was deferred to June 5, 2019.

Subsequent to approval of the ordinance at first reading, an affected property owner on Lincoln Road proposed the following ‘applicability section’, which is included within option ‘B’ for the proposed ordinance:

The provisions of this Ordinance shall not apply to a property owner or applicant who has obtained a Historic Preservation Board Order issued between June 1, 2017 and December 31, 2017, approving substantial rehabilitation and new construction, and which property owner or applicant has applied for a building permit prior to January 1, 2019, so long as a full building permit is issued pursuant to such Order within the allowable timeframes set forth in Chapter 118 of the Land Development Regulations of the City Code, as such order or permit may be properly extended from time to time.

If included, this applicability section would allow their property to complete a restoration project and obtain a building permit for a convenience store. Additionally, this property owner has proffered a declaration of restrictions for the property, including the most up to date floor plans and graphic location plans, which will make up Exhibit B in the declaration of restrictions. Both of these documents are also attached for review and consideration by the City Commission. This property owner has represented to the administration and the city attorney, both verbally and through these aforementioned voluntary proffers, that the vast majority of the convenience store would be located at the second level of the building, while the first level would consist primarily of specialty cosmetic and skin care products, with only a limited amount of typical convenience store items.

CONCLUSION

The administration recommends that the City Commission adopt the original version of the ordinance, approved at first reading. However, if there is consensus regarding the aforementioned applicability section, the administration and the city attorney’s office would jointly recommend that option B of the ordinance be considered for adoption.
Legislative Tracking
Planning
Sponsor
Commissioners Ricky Arriola and Michael Gongora

ATTACHMENTS:
Description
ORD Option A - Form Approved
ORD Option B with APPLICABILITY - Form Approved
Ad
Draft Declaration of Restrictions - 947 LR
Revised Floor Plans - 947 LR