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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 1
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: May 10, 2023
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| | | | | | | | | TITLE: | POTENTIAL LDR AMENDMENTS TO COMMERCIAL DISTRICT REGULATIONS FOR NORTH BEACH – MASSAGE THERAPY CENTERS |
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| | | | | | | | HISTORY:
| On September 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred a proposed amendment regarding commercial district regulations in North Beach (C4 X) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On October 28, 2022, the LUSC discussed and continued the item to the January 25, 2023, LUSC meeting with direction to the Administration to draft an ordinance based upon the geographical boundaries and types of uses identified in the October 28, 2022, LUSC memorandum.
On January 25, 2023, the LUSC discussed the proposed draft ordinance and continued the item to the March 1, 2023, meeting with the following direction:
1. Identify uses that should remain prohibited.
2. Identify those uses that could be regulated by a cap within the area, as well as the application of distance separation standards. These should include check cashing stores, package liquor stores and convenience stores.
3. Create a map of existing uses in North Beach that would be subject to a cap.
4. Under separate review, develop regulations for massage therapy centers in North Beach.
On March 1, 2023, the LUSC discussed a proposed ordinance regulating certain nuisance uses in North Beach and moved it to the Planning Board, with direction to continue to study the cap on convenience stores and perform public outreach to commercial properties and affected stakeholders in North Beach. On April 25, 2023, the Planning Board reviewed this ordinance and transmuted it to the City Commission with a favorable recommendation (7-0).
The LUSC continued the discussion pertaining to potential regulations for massage therapy centers to the May 10, 2023, meeting. |
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| | | | | | | | ANALYSIS:
| Massage therapy centers are defined as follows under the Land Development Regulations (LDR’s) of the City Code:
Massage therapy center means an establishment that offers, sells, or provides manipulations of the tissues or other tactile stimulation of the human body with the hand, foot, arm, leg, elbow, or part of the torso, whether or not aided by any electrical or mechanical device: and may include bathing, hydrotherapy, thermal therapy, or application of chemicals, oils, lotions, or similar preparations to the human body.
Previously, the LUSC discussed this use within the context of the North Beach area and directed the Administration to being back recommendations regarding additional limitations. The following are potential regulatory provisions for establishments meeting the definition of massage therapy center:
Permitted Locations.
Appropriate locations as an allowable use include:
1. State certified schools for obtaining a massage therapy license.
2. Hotels with at least 50 rooms, as an accessory use.
3. Fitness centers, gyms and wellness centers, as a component of the main use.
4. State licensed medical offices and clinics, such as physical therapy centers.
Conditional Locations
Appropriate locations as a conditional use include the following:
1. Within office buildings located in a commercial district, TC district, or TC-C district, provided the massage therapy center is located above the first floor.
2. Within multi-family residential buildings, apartment hotels, or hotels with less than 50 units.
In all other areas of North Beach, massage therapy centers would be prohibited.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the proposal for additional massage therapy regulations in North Beach. If there is consensus on the regulatory provision noted herein, or other regulations, a draft ordinance can be prepared for consideration by the LUSC at a future meeting, or by the Planning Board. |
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| | | | | | | | Applicable Area
| | North Beach |
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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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