BACKGROUND
On November 9, 2016, at the request of Commissioner Michael Grieco, the City Commission referred the proposed Ordinance to the Land Use and Development Committee and the Planning Board (Item C4 B). On November 16, 2016, the Land Use and Development Committee discussed the Ordinance and recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.
PLANNING ANALYSIS
Lincoln Road is the City’s premier shopping district, located within the Flamingo Park Local Historic District and National Register Architectural District. The Lincoln Road corridor has historically been composed of low intensity retail, service and retail establishments, which primarily serve City residents. The City recently adopted the new Lincoln Road Master Plan, and in order to ensure compliance with the Master Plan and ensure the integrity of Lincoln Road the proposed Ordinance amends the list of permitted uses to preclude certain uses from the area. The list of prohibited uses includes check cashing stores, convenience stores, pharmacies, souvenir and t-shirt shops, tattoo studios, and fortune tellers (occult science establishments). Such uses can negatively impact the character and integrity of this premier shopping district, and threaten its long term viability and integrity.
As proposed, the ordinance adds the following definitions:
Check cashing store means a business which cashes checks on a regular basis for a fee. This definition does not include banks, which may cash checks in addition to providing other financial services such as, but not limited to, money savings accounts, loan services, and checking accounts.
Convenience store means a retail store with direct access from the street or sidewalk containing less than 6,000 square feet of floor area that is designed and stocked to sell primarily food (packaged and/or prepared), beverages, newspapers, magazines, and other household supplies to customers who generally purchase a relatively few number of items (in contrast to a "grocery store" or “super market”). It is designed to attract and depends upon a large turnover of customers.
Occult science establishment shall mean an establishment engaged in the occupation of a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner claims or pretends to tell fortunes, or claims or pretends to disclose mental faculties of individuals for any form of compensation. Nothing contained herein shall be construed to apply to a person pretending to act as a fortune teller in a properly licensed theater as part of any show or exhibition presented therein or as part of any play, exhibition, fair or show presented or offered in aide of any benevolent, charitable or educational purpose.
Pharmacy store means a store with direct access from the street or sidewalk, containing a minimum of 3,500 square feet, where medicinal drugs requiring a prescription from a qualified medical professional are dispensed and sold and is also designed and stocked to sell health and wellness products, food (packaged and/or prepared), beverages, newspapers, magazines, and other household supplies to customers who generally purchase relatively few number of items (in contrast to a "grocery store" or “super market”).
Souvenirs are items, exclusive of books, magazines or maps, which serve as a token of remembrance of Miami Beach or any geographic areas in Florida and which bear the name of the City or geographic areas or streets thereof or of events associated with Miami Beach or South Florida.
Souvenir and t-shirt shop means any business with direct access from the street or sidewalk in which the retail sale of T-shirts or souvenirs or both is conducted as a principal use of the business, or together with some other business activity, but which constitutes the primary, or is the major attraction to the business.
Tattoo studio means any establishment, place of business, or location, other than a licensed medical facility, an office or clinic of a licensed medical professional, or a duly licensed beauty shop or barber shop, wherein adornment of any part of the human body or head, whether artistic, cosmetic or otherwise, is practiced through the use of needles, scalpels, or any other instruments designed to touch, penetrate or puncture the skin for purposes of: (1) inserting, attaching or suspending jewelry, decorations or other foreign objects; (2) producing an indelible mark or figure on the human body or face by scarring skin or flesh; (3) producing an indelible mark or figure on the human body or face by inserting a pigment under or upon the skin; or (4) permanently changing the color or other appearance of the skin. This term shall not, however, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
T-shirt is any garment or article of clothing which has no collar, including, but not limited to, T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended generally to be worn on or over the chest and containing any communicative verbiage, graphics, or images imprinted or to be imprinted on the garment or article of clothing, exclusive of a garment manufacturer's mark or logo, exclusive of decorative words and information woven or dyed in the fabric by the manufacturer of the fabric, exclusive of hand stitched, needle work or embroidery, exclusive of tie-dye garments, and exclusive of hand painted or air-brushed garments that contain no communicative verbiage, graphics or images.
Currently, the prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except as otherwise permitted in Article IV, Division 2.
Under the proposed Ordinance, for properties with a lot line on Lincoln Road between Alton Road and Collins Avenue the prohibited uses would be expanded to include the following uses (as more specifically defined above): check cashing stores, convenience stores, occult science establishments, pharmacy stores, souvenir and t-shirt shops, and tattoo studios.
PLANNING BOARD REVIEW
On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation.