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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 2
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: October 19, 2021
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| | | | | | | | | TITLE: | PROPOSED ORDINANCE PERTAINING TO LOWER IMPACT MEDICAL USE REGULATIONS IN RM2 AND RM3 DISTRICTS, INCLUDING PARKING GARAGES. |
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| | | | | | | | HISTORY:
| | On September 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and Planning Board (item C4 M). The Planning Board is scheduled to review the proposed Ordinance on October 26, 2021. |
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| | | | | | | | ANALYSIS:
| On January 17, 2018, the City Commission adopted Ordinance No. 2018-4170, which updated the Assisted Living Facility and Medical Use Zoning Regulations within the Land Development Regulations (LDRs). This Ordinance organized various types medical uses into eight (8) classes. Generally, the higher the class, the greater the impact of the medical use. The Ordinance also detailed specific zoning districts that each class is allowed and additional regulations that apply to each class.
Class I medical uses consist of opticians, retail clinics, adult day care centers, electrology facilities, and medical offices. For reference, a “medical office” is a small-scale office providing medical or dental treatment, including chiropractor's office, dentist's office, dietician, doctor's office, homeopathic physician's office, pathologist, physiotherapist's office, phlebotomist's office, podiatrist's office, optometrist's office, ophthalmologist's office, or psychiatrist's office, with a maximum floor area of 5,000 square feet. The regulations provide that Class I medical uses may not operate between the hours of 10:00 PM and 7:00 AM, though the hours can be modified with Conditional Use approval from the Planning Board. Additionally, the regulations prohibit any overnight stays. Given their scale, services provided, and hours of operation, Class I medical uses have the lowest impact on their surroundings. Their impact is similar to that of a typical commercial establishment.
Class I medical uses are generally allowed as a main permitted use in the City’s commercial districts. In the middle and high intensity multifamily residential districts, including RM-2, RM-PRD-2, RM-3, RPS-3, and RPS-4, Class I medical uses are allowed as an accessory use.
Section 142-1255 of the LDRs provide that where Class I medical uses are allowed as an accessory use that access be limited to hotel guests or residents of a building and their invited guests. Even though these types of uses may be desirable in high intensity residential areas in a limited form, this regulation essentially prevents Class I medical uses from locating in these areas because it greatly limits their potential to attract clients. It also has the effect of prohibiting the use as an accessory use in main use garages in these districts, if the garage does not contain residential, or hotel uses.
Given their minimal impact, importance for the health and well-being of residents, and desirability the attached Ordinance proposes to remove the limitation on clients where Class I medical uses are allowed as an accessory use. The proposed Ordinance instead treats the use as an allowable commercial use, and subject to the standard regulations for accessory uses in Chapter 142, Article IV, Division 2 of the LDRs, as well as the applicable underlying zoning district regulations. Additionally, if located in a main use parking garage, the use would be subject to the applicable regulations of section 130-68 of the LDRs.
The existing accessory use regulations provide where within a building the uses can locate, the circumstances under which they are allowed, and other restrictions. The limitations for accessory uses will ensure that Class I medical uses located in a residential district do not negatively impact surrounding residents. The proposal will therefore increase the access and convenience of low impact medical uses, while ensuring that residents’ quality of life is not impacted.
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| | | | | | | | CONCLUSION:
| | In view of the foregoing, the Administration recommends that the LUSC endorse the proposal and recommend that the Planning Board transmit the Ordinance Amendment to the City Commission with a favorable recommendation. |
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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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