| | | | | | | | | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Alina T. Hudak, City Manager | | DATE: | May 26, 2021 | | | 5:01 p.m. First Reading Public Hearing
| SUBJECT: | RETAIL FULFILLMENT CENTERS
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," AT SECTION 114-1, "DEFINITIONS," TO CREATE A DEFINITION FOR "RETAIL FULFILLMENT CENTER"; AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTION 142-302, ENTITLED "MAIN PERMITTED USES," TO AMEND THE LIST OF PERMITTED USES; AMENDING DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AT SECTION 142-332, ENTITLED "MAIN PERMITTED USES," TO AMEND THE LIST OF PERMITTED USES, AND AT 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 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 REGULATED USES FOR PROPERTIES IN THE OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule Second Reading/Adoption for June 23, 2021. |
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| | | | | | | | BACKGROUND/HISTORY
| On March 17, 2021, at the request of Commissioner David Richardson, the proposed Ordinance Amendment was referred to the Land Use and Sustainability Committee (LUSC) and the Planning Board (C4G). On March 24, 2021, the LUSC reviewed and discussed the attached draft Ordinance and recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Due to the increased use of online retailing, economic conditions are changing and impacting land use regulations that are more specific to traditional retail establishments. The proposed Ordinance amendment creates a definition for retail fulfillment center, a use that will be viable into the future due to these changing economic conditions and establishes specific districts where it will be an allowable use. Retail fulfillment centers allow for goods to be purchased online and picked up by customers or delivered to customers, while maintaining a more traditional active storefront where walk-in customers can purchase goods. This use allows for modern commercial trends to continue while contributing to an active pedestrian realm.
The proposed Ordinance defines “retail fulfillment centers” as follows:
Retail fulfillment center shall mean a retail establishment where goods are primarily sold online and delivered directly to a person’s home or place of business. Such establishment must also have an active storefront, along all sidewalk facing portions of the building, that is open to the general public at least eight hours per day. The active storefront must have a minimum depth of 10’ and a minimum area of 500 square feet. Retail fulfillment centers shall be limited to no more than 7,000 square feet. Goods sold by a retail fulfillment center may include goods similar to those that are sold in a convenience store.
Additionally, the proposal includes the following:
1. Creating a definition of “retail fulfillment center” in section 114-1 of the LDRs;
2. Listing “retail fulfillment centers” as a permitted use in the CD-2 and CD-3 districts;
3. Prohibiting “retail fulfillment centers” along Lincoln Road; and
4. Amending the Art Deco / MiMo Commercial Character Overlay regulations to limit the number of retail fulfillment centers within the Overlay and creating a distance separation requirement.
The proposed Ordinance is consistent with the goals, objectives, and policies of the Comprehensive Plan, including the regulations in the CD-3 and CD-2 future land use categories, which allow for commercial uses.
PLANNING BOARD REVIEW
On April 27, 2021 the Planning Board discussed the proposed Ordinance and continued the matter to May 25, 2021. Additionally, members of the Planning Board expressed the following concerns:
• The appearance and operation of retail fulfillment centers. In particular concerns were expressed regarding the potential similarity with a typical convenience store or bodega in Miami Beach.
• The types of items that would be sold at the retail fulfillment centers, including alcoholic beverages and other items that may not be desirable for adjacent neighborhoods.
• Due to a lack of specific examples of retail fulfilment centers in the area it was suggested that additional restrictions be explored to ensure that the use would not have a negative impact on adjacent neighborhoods.
Staff discussed the concerns of the Planning Board with the item sponsor, including potential revisions to the Ordinance. At this time both staff and the item sponsor do not believe any additional modifications to the legislation are in order. In this regard, the following is noted:
1. The goods provided by retail fulfillment centers are no different than those provided by currently allowable retail uses. Also, any restrictions on certain products (e.g. the retail sale of alcohol or tobacco products) would apply to retail fulfilment centers. For example, establishments would be required to comply with, the following regulations:
• Chapter 6 of the City Code regarding the sale of alcoholic beverages, including hours of operation, distance separation from churches and schools, and other standards.
• Chapter 142, Article V, Division 3, of the LDRs regarding adult use distance separation requirements and a prohibition on the displaying of adult material in such a manner that is visible to minors and sold or rented to minors.
• Section 142, Article V, Division 10, of the LDRs regarding the regulation of the locations, distance separation, and sale of controlled substances including regulation of pharmacy stores and medical cannabis treatment centers.
• Section 142, Article V, Division 11, of the LDRs regarding regulations for Tobacco/Vape Dealers, including distance separation requirements and areas where the use is prohibited. Additionally, there are prohibitions for such uses in certain underlying zoning districts and overlays.
2. The zoning districts proposed to permit retail fulfilment centers are limited to the CD-2 and CD-3 districts. Additionally, they would be prohibited along Lincoln Road and limited in the Harding Townsite CD2 district in North Beach.
3. Defined benchmarks and safeguards are included in the definition of retail fulfilment centers, including minimum storefront activation requirements, as well as a maximum overall size of 7,000 square feet. These benchmarks and safeguards will ensure neighborhood compatibility.
The sponsor has also requested that the item be transmitted by the Board on May 25, 2021, to be able to be considered at First Reading on May 26, 2021. The Administration will update the City Commission on the recommendation of the Planning Board at the May 26, 2021 meeting.
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| | | | | | | | SUPPORTING SURVEY DATA
| Improved Retail Regulations |
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| | | | | | | | CONCLUSION
| The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule Second Reading/Adoption for June 23, 2021. |
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| | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | Yes | | No | |
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| | | | | | | | Legislative Tracking Planning |
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| | | | | | | | Sponsor Commissioner David Richardson |
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