Coversheet


		City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov


		Item 2 COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: October 28, 2022

TITLE:

POTENTIAL LDR AMENDMENTS TO COMMERCIAL DISTRICT REGULATIONS FOR NORTH BEACH IN ORDER TO LIMIT THE PROLIFERATION OF NUISANCE USES

HISTORY:

On September 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item to the Land Use and Sustainability Committee (C4 X).

ANALYSIS:

In 2020 the City Commission adopted Ordinance No. 2020-4339 which, among other things, restricted certain uses along Normandy Drive and 71st Street in the TC-C and CD-2 districts. Specifically, the following uses were added to the list of prohibited uses in these areas:
• Tobacco and vape dealers;
• Package liquor stores;
• Check cashing stores;
• Occult science establishments; and
• Tattoo studios

In addition to the above uses, the following are other types of uses that have been regulated in other parts of the City, in order to prevent an over concentration within defined areas:
• Convenience stores;
• Pharmacy stores;
• Medical cannabis dispensaries;
• Stand alone bars and/or entertainment uses;
• Vitamin stores; and
• Souvenir and T-shirt stores.

Notwithstanding the regulations pertaining to the commercial areas of Normandy Drive and 71st Street, as noted on the attached map, there are still several commercial districts in North Beach (CD-1, CD-2, TC-1, 2 and 3) where the above noted uses are allowed in some form. In order to regulate these uses within these additional commercial districts, an LDR amendment would be required.

As this was a dual referral to the Planning Board, if there is consensus to prohibit or further regulate (e.g. through minimum distance separation requirements or a cap on the number of establishments within an area) these uses, an Ordinance can be drafted and presented to the Planning Board. In this regard, the Administration would recommend that all the above noted uses be prohibited within all commercial, as well as RM-2 and 3 districts, north of 63rd Street. This would be the most defensible option from a legal standpoint and would ensure that such uses do not over concentrate within limited areas of commercial zones.

CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide any applicable recommendations to the City Commission. If there is consensus on the recommendation herein, a draft Ordinance can be prepared and presented to the Planning Board in either November of December.

Applicable Area

North Beach

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

Departments

Planning

ATTACHMENTS:
	Description	Type
	NB Map	Other