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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: March 1, 2023
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| | | | | | | | | TITLE: | POTENTIAL LDR AMENDMENTS TO COMMERCIAL DISTRICT REGULATIONS FOR NORTH BEACH IN ORDER TO LIMIT THE PROLIFERATION OF NUISANCE USES |
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| | | | | | | | HISTORY:
| HISTORY
On September 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed amendment (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.
BACKGROUND
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, 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. |
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| | | | | | | | ANALYSIS:
| ANALYSIS
As noted previously, there are still several commercial districts in North Beach (CD-1, CD-2, TC-1, 2 and 3) where certain nuisance uses are allowed in some form. To regulate these uses within these additional commercial districts, the attached Land Development Regulation (LDR) amendment has been drafted, as requested by the LUSC. In this regard, the proposed ordinance amends the prohibited use regulations in the CD-1, CD-2, TC-1, TC-2, TC-3, TC-C, RM-2 AND RM-3 zoning districts north of 63RD street by including the following as a prohibited use in each district:
• Tobacco and vape dealers;
• Occult science establishments;
• Tattoo studios;
• Vitamin stores;
• Pawn Shops; and
• Souvenir and T-shirt stores.
Including all areas north of 63rd Street 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.
UPDATE – March 1, 2023 LUSC
The following is an update regarding the previous direction of the LUSC on January 25, 2023:
Updates to Prohibited and Permitted Uses
The attached draft ordinance has been updated by removing package liquor stores, check cashing stores and convenience store from the listed of prohibited uses and re-classifying them as a main permitted use, subject to the following limitations:
• No more than 6 package liquor stores shall be located north of 63rd Street, regardless of the zoning district.
• No more than 4 check cashing stores shall be located north of 63rd Street, regardless of the zoning district.
• No more than 15 convenience stores shall be located north of 63rd Street, regardless of the zoning district.
Attached is a list of existing package liquor stores (6 establishments), check cashing stores (2 establishments) and convenience stores (approximately 44 establishments) located north of 63rd Street. It should be noted that the actual number of convenience stores may be less, as the Administration would need to manually verify a number of the establishments to determine whether they would meet the definition of convenience store. Since a more definitive number of convenience stores has not yet been determined, a map of such uses was not prepared.
As it pertains to check cashing and liquor store uses, considering the small number of existing establishments, and their locations, the Administration recommends a cap for such uses be set, as noted above and in the revised draft ordinance. However, it is not recommended that a distance separation requirement be included, as the proposed cap on the number of these uses is relatively tight. Also, pursuant to the regulations set forth in Chapter 6 of the City Code, a minimum distance separation of 1500 feet between package liquor stores is already required.
Regarding existing convenience stores, as noted on the attached list there are a fairly large number of such uses, even if it is determined that some of the establishments do not meet the definition of convenience store. As such, setting an appropriate cap on the number of convenience stores is challenging. To this end, it may make more sense to prohibit any future such uses. If a cap is still sought, as noted above, the draft ordinance has been amended to include a limit of 15 such uses. The regulation of convenience stores can also be further studied, prior to the draft ordinance being considered by the Planning Board.
Massage Therapy Center Regulations
The LUSC discussed creating new regulations for massage therapy centers citywide. In this regard, such use is 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.
Since these regulations are outside the scope of the item before the board, a separate recommendation to the City Commission, for a referral to the LUSC, is recommended.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee endorse the attached draft ordinance and recommend that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. |
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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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