| | | | | | | |  | Ordinances - R5 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 28, 2023 | | | | 10:35 a.m. First Reading Public Hearing
| | SUBJECT: | CONDITIONAL USE REGULATIONS FOR CONVENIENCE STORES IN THE CD-3 DISTRICT ON LINCOLN ROAD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 5, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-333 "CONDITIONAL USES," TO LIST CONVENIENCE STORES LOCATED ON LINCOLN ROAD BETWEEN WASHINGTON AVENUE AND COLLINS AVENUE AS A CONDITIONAL USE SUBJECT TO STRICT CRITERIA; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 26, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| | On November 16, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject proposal (C4 Y) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. The item was placed on the January 25, 2023 LUSC agenda and deferred to the March 1, 2023 LUSC meeting, at the request of the item sponsor. On March 1, 2023, the LUSC recommended a modified proposal be sent to the Planning Board that included a requirement for eligible convenience stores to obtain Conditional Use approval and adhere to minimum operational conditions. |
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| | | | | | | | ANALYSIS
| Pursuant to the regulations set forth in Sec. 142-335 of the Land Development Regulations (LDRs) of the City Code, convenience stores are a prohibited use on properties fronting Lincoln Road between Collins Avenue and Alton Road. The attached ordinance amends the CD-3 zoning district regulations to allow convenience stores along Lincoln Road, east of Washington Avenue, with a conditional use permit (CUP) and other specific restrictions. In this regard, a convenience store would only be permitted on Lincoln Road, east of Washington Avenue, if the storefront is located within the interior of the property, and if the entire establishment is set back a minimum of 75 feet from Lincoln Road, as well as Washington and Collins Avenues. Also, conditional use approval for a convenience store would need to be obtained within 18 months of the effective date of the ordinance.
The existing code provisions pertaining to conditional and prohibited uses along Lincoln Road are intended to foster a higher caliber of uses and promote the long-term viability of the corridor. One of these prohibited uses is convenience stores. The prohibited uses in the CD-3 district were previously identified as not being consistent with the long-term vision for Lincoln Road, and they have been regulated accordingly. As such, the Administration believes that any proposal to create an exception for convenience store uses should be looked at very carefully.
The proposal herein would allow for the establishment of new convenience stores, within a limited area of Lincoln Road, provided the use does not front directly on Lincoln Road. Although the subject use would be buffered physically from Lincoln Road, as well as Washington and Collins Avenues, the Administration also has concerns with the potential for a precedent, particularly if a future proposed convenience store use should seek additional exceptions.
Additionally, the area of Lincoln Road east of Washington Avenue still lacks the same level of tenant caliber that exists west of Washington Avenue. As such, relaxing standards for allowable uses could have unintended consequences regarding the upgrading of tenants within the larger 2-block area east of Washington Avenue.
Notwithstanding these concerns, given the tight restraints proposed in the ordinance amendment, it is unlikely that a single convenience store use, in and of itself, would cause irreparable damage to Lincoln Road, as it would be well setback and insulated from the sidewalk. Additionally, by requiring a CUP, applicable conditions and safeguards would be placed on the use. The requirement for a CUP would also allow for the use to remain under the jurisdiction of the Planning Board and provide for improved enforcement of conditions to ensure that the use does not engage in behavior or activities intended to draw attention to the use and that the surrounding area is well maintained.
Although a convenience store is not the only potential use for such spaces, the Administration is cognizant of the constraints associated with finding tenants for large spaces setback from Lincoln Road. As such, the Administration does not object to the proposed ordinance amendment.
PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-1). The Planning Board also recommended that the conditional use approval for a convenience store be obtained within 18 months of the effective date of the ordinance. This recommendation has been included in the attached ordinance. |
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 26, 2023. |
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| | | | | | | | Applicable Area
| | South 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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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez |
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