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Ordinance 2019-4280 OPTION A (AS APPROVED BY THE CITY COMMISSION ON FIRST READING) Prohibited Use Amendment and Expansion (Lincoln Road and Art Deco Overlay District) ORDINANCE NO. 2019-4280 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO AMEND THE DEFINITIONS FOR "CONVENIENCE STORE" AND "GROCERY STORE"; AND AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-335, ENTITLED "PROHIBITED USES," TO AMEND THE LIST OF PROHIBITED USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD, BETWEEN COLLINS AVENUE AND ALTON ROAD; AND BY AMENDING ARTICLE III, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO," AT SECTION 142-870:11, ENTITLED "COMPLIANCE WITH REGULATIONS," TO AMEND THE LIST OF PROHIBITED USES FOR PROPERTIES IN THE OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, properties fronting Lincoln Road, between Collins Avenue and Alton Road, are within the CD-3 Commercial, High Intensity District, and properties (generally) eastward of Lenox Avenue are also located within the locally designated Flamingo Park Historic District as well as the National Register Architectural District; and WHEREAS, Lincoln Road is an iconic shopping area in the City of Miami Beach (the "City"); and WHEREAS, the Lincoln Road corridor has historically been composed of low intensity service and retail establishments, which primarily serve City residents; and WHEREAS, today, Lincoln Road is a premier street in Miami Beach that provides residents and visitors with a unique cultural, retail, and dining experience, which is vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, in order to ensure consistency with the recently-adopted Lincoln Road Master Plan, and to ensure the integrity of the Lincoln Road experience, the City Commission recommends revising the list of prohibited uses for the subject area; and 1 WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National Register Historic District; and WHEREAS, Ocean Drive, Collins Avenue, and Washington Avenue are also premier streets in Miami Beach, all of which provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, check cashing stores, convenience stores, pharmacies, grocery stores, souvenir and t-shirt shops, tattoo studios, and fortune tellers (occult science establishments) are uses which may negatively affect surrounding areas; and WHEREAS, it is the intent of the City to limit the number of establishment which may negatively affect the subject areas; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," is hereby amended as follows: CHAPTER 114 GENERAL PROVISIONS Sec. 114-1. Definitions. The following words, terms and phrases when used in this subpart B, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Convenience store means a retail store with direct access from the street or sidewalk - - !!! - -- - that is designed and stocked to sell a mixture of goods such as primarily food (packaged and/or prepared), non-prescription medications, beverages, newspapers, magazines, food (packaged and/or prepared), school/office supplies, cosmetics, and other household supplies. to customers who generally purchase a relatively few number of items (in contrast to a "grocery store" or "super market"). -- - - -- - - - - - --- - - -- - - - - -- - •- . A store that markets itself as a "pharmacy store" or "pharmacy" in addition to selling the goods described above, but that does not provide pharmacy services, including the dispensing of medicinal drugs by a pharmacist shall be considered a convenience store and not a pharmacy or pharmacy store. * * * 2 Grocery store means a retail store with direct access from the street or sidewalk containing 6,000 or more squarc fcct of floor arcs that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry. Pharmacy store means a pharmacy as defined in F.S. § 465.003. * * * 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- 3 painted or air-brushed garments that contain no communicative,verbiage, graphics or images. SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 6, "CD-3, Commercial, High Intensity District," is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. -DISTRICT REGULATIONS * * * DIVISION 6. - CD-3 Commercial, High Intensity District * * * Sec. 142-335. — Prohibited uses. The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand dealers of precious metals/precious metals dealers; and a) accessory outdoor bar counter, except as provided in article IV, division 2 of this chapter and in chapter 6. For properties with a lot line on Lincoln Road, between Alton Road and Collins Avenue, the following additional uses are prohibited: 4) Check cashing stores,.., medical cannabis dispensaries (medical marijuana dispensaries)71 convenience stores l grocery stores., kal occult science establishments;i pharmacy stores (10) souvenir and t-shirt shops;i and (11) tattoo studios. * * * SECTION 3. Chapter 142, "Zoning Districts and Regulations," Article III, "Overlay Districts," Division 12, "Art Deco," is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE III. - OVERLAY DISTRICTS 4 • DIVISION 12. -ART DECO * * * Sec. 142-870.11. - Compliance with regulations. The following regulations shall apply to the overlay district. There shall be no variances allowed from these regulations. All development regulations in the underlying zoning district and any other applicable overlay regulations shall apply, except as follows: (a) The following limitations shall apply to the commercial uses listed below: (1) Check cashing stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. b. In areas of the overlay district not included in subsection a. above, there shall be no more than two such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (2) Convenience stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive. b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one such establishment. c. In areas of the Overlay District not included in subsection a. and b. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (3) Formula commercial establishments shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. b. This subsection shall not apply to any establishments in the South Beach Art Deco Area other than establishments fronting Ocean Drive nor to any establishment in the Ocean Terrace/Harding Townsite Area, other than Ocean Terrace. (4) Formula restaurants shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. b. This subsection shall not apply to any establishments in the South Beach Art Deco Area other than establishments fronting Ocean Drive nor to any establishment in the Ocean Terrace/Harding Townsite Area, other than Ocean Terrace. (5) Massage therapy centers shall not operate between 9:00 pm and 7:00 am in the overlay district. (6) Marijuana dispensaries shall be prohibited in the overlay district. (7) Occult science establishments shall be prohibited in the overlay district. 5 (8) Package stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots in the South Beach Art Deco Area with an underlying MXE zoning designation and in the Ocean Terrace/Harding Townsite Area. b. In areas of the Overlay District not included in subsection a. above, there shall be no more than three such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (9) Pawnshops shall be prohibited in the overlay district. (10) Pharmacy stores shall comply with the following regulations: a. Such uses shall be prohibited on lots fronting Ocean Drive. b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one such establishment. c. In areas of the overlay district not included in subsection a. and' b. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (11) Souvenir and t-shirt shops shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. b. In areas of the overlay district not included in subsection a. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (12) Tattoo studios shall comply with the following regulations: a. Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. b. In areas of the overlay district not included in subsection a. above, there shall be no more than three such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. (13) Grocery stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive. b. In areas of the Overlay District not included in subsection a. above, there shall be no more than five such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment, with the exception of such uses in the Ocean Terrace/Harding Townsite Area. (b) Review procedures. (1) Commercial establishments in the Overlay District that are not identified in section 142-870.11(a) shall comply with the following regulations: a. A signed affidavit indicating that they are not an establishment that is regulated by section 142-870.11(a) shall be provided to the city as part of the application for obtaining a business tax receipt and building permit, as 'applicable. 6 b. If the establishment is found not to be in compliance with the applicable requirements of the signed affidavit, the business tax receipt will be revoked and the establishment shall immediately cease operation. (2) Commercial establishments in the Overlay District that are identified in section 142-870.11(a) shall comply with the following regulations: a. If applicable, the applicant shall provide a signed and sealed survey dated not older than six months, indicating the number, location, name, business tax receipt numbers, and separation of the applicable type of establishments within the overlay district. Distance separation shall be measured as a straight line between the principal means of entrance of each establishment and the proposed establishment. b. Establishments existing as of the date of the enactment of this ordinance shall count towards the maximum number of such establishments permitted within section 142-870.11(a). c. A signed affidavit indicating compliance with the regulations of section 142- 870.11(a) for the applicable type of establishment shall be provided prior to obtaining a business tax receipt. d. If the establishment is found not to be in compliance with the applicable requirements of the signed affidavit, the business tax receipt will be revoked and the establishment shall immediately cease operation. e.' If a particular establishment meets more than one definition (i.e., formula commercial establishment and pharmacy store), it must meet the requirements for each use, and if there is a conflict, the more stringent code requirement prevails. SECTION 4. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 5. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 7 SECTION 7. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 5" day of 3"44e- , 2019. ATTEST: 1° a...ni.°26(.....--- Dan Gelber, Mayor , %RAE 11 2a tq ael E. a ado, City Clerk ' ilo %Walk pi11111 First Reading: March 13, 2019 V.1I• 8k q• Second Readin• June 5, 20 9 `�,t '� ��i� I 1 --"•\)//,Y ....... . Verified by: `i 1 3i..�,� omas R. Mooney, A f P e INCORP ORATED: * Planning Director 0 ''. # -7/ \ N r APPROVED AS TO FORM & LANGUAGE &FO XE UTION ` pLwT (5 5 � City Attorney N Dote V--- T:\Agenda\2019\06 June\Planning\Prohibited Use Amendment - Lincoln Road + Art Deco Mimo - Second Reading ORD(Option A).docx 8 Ordinances - R5 L MIAMI BEAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2019 5:01 p.m. Second Reading Public Hearing SUBJECT: PROHIBITED USE AMENDMENT AND EXPANSION - LINCOLN ROAD AND ART DECO OVERLAY DISTRICT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO AMEND THE DEFINITIONS FOR "CONVENIENCE STORE" AND "GROCERY STORE"; AND AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-335, ENTITLED "PROHIBITED USES," TO AMEND THE LIST OF PROHIBITED USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD, BETWEEN COLLINS AVENUE AND ALTON ROAD; AND BY AMENDING ARTICLE III, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO, AT SECTION 142- 870.11, ENTITLED "COMPLIANCE WITH REGULATIONS," TO AMEND THE LIST OF PROHIBITED USES FOR PROPERTIES IN THE OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the original version of the ordinance, approved at first reading (option A attached hereto). However, if there is consensus regarding the applicability clause that has been proposed by an affected property owner, the administration and the city attorney's office would jointly recommend that option B of the ordinance (also attached hereto) be considered for adoption. ANALYSIS HISTORY On January 16, 2019, at the request of Commissioner Ricky Arriola and Vice-Mayor Michael Gongora, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item C4 AP). Page 602 of 868 The Land Use and Development Committee reviewed the proposed amendment on February 20, 2019 and recommended approval. • BACKGROUND On March 1, 2017, the City Commission adopted an ordinance creating definitions for check cashing store, convenience store, occult science establishment, pharmacy store, souvenirs, souvenir and t- shirt shop, tattoo studio, and T-shirt. The ordinance also expanded the list of the prohibited uses in the CD-3 commercial, high intensity district with a lot line on Lincoln Road to include the above noted uses as prohibited uses. On September 25, 2017, the City Commission adopted an ordinance creating the 'Art Deco / Mimo Overlay District.' This ordinance established definitions related to formula retail / restaurant establishments, and also created definitions for grocery store, marijuana dispensary or cannabis dispensary, and massage therapy center. This ordinance also established limitations and prohibitions on uses within the overlay district, including the prohibition of convenience stores on lots fronting Ocean Drive, and limits on such establishments in other areas within the overlay district. PLANNING ANALYSIS As proposed,the definitions for both convenience store and grocery store will be modified as follows: Convenience store means a retail store with direct access from the street or sidewalk - e e e - -- - . that is designed and stocked to sell a mixture of goods such as : ' • ::: :- -:-: -: : : -:- -: , non-prescription medications beverages,newspapers, magazines, food (packaged and/or prepared), school/office supplies. cosmetics. and other household supplies. ' : . . - - ... . : - - - -- .A store that markets itself as a "pharmacy store" or "pharmacy" in addition to selling the goods described above, but that does not provide pharmacy services, including the dispensing of medicinal drugs by a pharmacist shall be considered a convenience store and not a pharmacy or pharmacy store. * Grocery store means a retail store with direct access from the street or sidewalk containing e•• - -- - - -- - °:: -. that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry. Currently, in order to be classified as a convenience store under the City's definition, such an establishment must be under 6.000 square feet. For example, an establishment that otherwise met the definition of a convenience store, but was over 6,000 square feet would not be defined as a convenience store. Thus, currently a convenience store that is under 6,000 square feet is a prohibited use on Lincoln Road, but a convenience store above 6,000 square feet is not prohibited. The proposal to eliminate the square footage delineation will treat convenience stores the same regardless of size, and such uses will be prohibited on Lincoln Road regardless of size. In a similar manner, in order to be classified as a grocery store under the City's definition, such establishment must be 6,000 square feet or more. The proposal to eliminate the square footage requirement would treat all grocery stores the same in terms of use. As proposed, the prohibited uses in the CD-3 district will be expanded to include grocery stores as a Page 603 of 868 prohibited use for properties with a lot line on Lincoln Road between Alton Road and Collins Avenue: Sec. 142-335.— Prohibited uses. The prohibited uses in the CD-3 commercial,,high intensity district are (1) pawnshops; (2) secondhand dealers of precious metals/precious metals dealers; and (3) accessory outdoor bar counter, except as provided in article IV, division 2 of this chapter and in chapter 6. For properties with a lot line on Lincoln Road, between Mon Road and Collins Avenue, the following additional uses are prohibited: (4) check cashing stores; (5) medical cannabis dispensaries (medical marijuana dispensaries); (6) convenience stores.; .�. (7) grocery stores: (8) occult science establishments; (9) pharmacy stores; (10) souvenir and t-shirt shops;and (11) tattoo studios. Additionally, the proposed ordinance adds grocery stores to the list of uses that are restricted within the Art Deco/ Mimo Overlay District, as follows: (13) Grocery Stores shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive. b. In areas of the overlay district not included in subsection a. above. there shall be no more than five such establishments. Such establishments shall be located no • closer than 2.500 feet from any other such establishment. PLANNING BOARD REVIEW On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). The Planning Board also recommended that the 2,500 separation requirement for grocery stores be removed from the Ocean Terrace/Harding Townsite area. This recommendation has been incorporated into the attached ordinance for first reading. UPDATE The subject ordinance was approved at first reading on March 13,2019,with no changes.On April 10,2019,second reading of the ordinance was deferred to May 8,2019. On May 8,2019,the item was deferred to June 5,2019. Subsequent to approval of the ordinance at first reading, an affected property owner on Lincoln Road proposed the following'applicability section',which is included within option'B'for the proposed ordinance: The provisions of this Ordinance shall not apply to a property owner or applicant mho has obtained a Historic Preservation Board Order issued between June 1, 2017 and December 31, 2017, approving substantial rehabilitation and newconstruction,and which property owner or applicant has applied for a building permit prior to January 1, 2019, so long as a full building permit is issued pursuant to such Order within the allowable timeframes set forth in Chapter 118 of the Land Development Regulations of the City Code, as such order or permit may be properly extended from time to time. Page 604 of 868 If included,this applicability section would allow their property to complete a restoration project and obtain a building permit for a convenience store. Additionally, this property owner has proffered a declaration of restrictions for the property, including the most up to date floor plans and graphic location plans, which will make up Exhibit B in the declaration of restrictions. Both of these documents are also attached for review and consideration by the City Commission.This property owner has represented to the administration and the city attorney, both verbally and through these aforementioned voluntary proffers, that the vast majority of the convenience store would be located at the second level'of the building, while the first level would consist primarily of specialty cosmetic and skin care products,with only a limited amount of typical convenience store items. CONCLUSION The administration recommends that the City Commission adopt the original version of the ordinance, approved at first reading. However, if there is consensus regarding the aforementioned applicability section, the administration and the city attorney's office would jointly recommend that option B of the ordinance be considered for adoption. Legislative Tracking Planning Sponsor Commissioners Ricky Arriola and Michael Gongora ATTACHMENTS: Description o ORD Option A- Form Approved o ORD Option B with APPLICABILITY- Form Approved o Ad o Draft Declaration of Restrictions- 947 LR o Revised Floor Plans - 947 LR Page 605 of 868 NNE I NEIGHBORS. IPm/tarn 7t nrvnottotau MIAMI BEACH CITY OF MIAMI BEACH PUBLIC HEARING ORDINANCE AMENDING THE LIST OF PROHIBITED' USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD., BETWEEN COLLINS AVENUE AND ALTON ROAD; AND AMENDING THE LIST OF PROHIBITED USES FOR PROPERTIES IN THE ART DECO OVERLAY' DISTRICT . • JUNE 5, 2019 NOTICE IS HEREBY gin Shat the rotIawinej Second Reading PAublic Hearing will bo horard by:tile Mayor arm City C.ommi;.on of tho-Ciiy%,oi Miami Beach;F►oriria, in the fsorrimisaien Chamb¢r, Third Floor City Iinri, 1700 Oonvanttrn SCootor Drive, Miami Belch, Florida;on Juno 5,•2019 al S;O1 p.m.,oreascan ifieriest tee.as,tho.mattercanto'.board: S:Q1 turt-Cr satid.S$udJna.Ribilc Hsnrlata AN ORDINANCE OF THE MAYOR AND CITY COi•AMISbIOh OF THE CITY OF MIAhll•EEACH, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTiTLED.'LAND DEVELOPMENT REGULATIONS,' BY AMENDING CHAPTER 114 OF THE CITY CODE;ENTITLED `GENERAL PROVISIONS,' SECTION. 114-I, `DEFINITIONS; TO AMEND THE DEFINITIOy$ FOR `CONVENIENGE STORE" AND 'GROCERY'tITORE'; AND AMENDING CHAPTER 142,ENTITLED 'ZONINGS DISTRICTS AND REGULATIONS;' ARTICLE 'b1STRlCT REGULATIONS," DIVISiO1i 6, ENTITLED 'CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,' SECTION 142-335. ENTIrLLo 'PNOHEDDEi)USES.'TO AMEND;THE LIST OF PROHIBITED USES.FOR'PROPERTIES WITH A LOT LiNE ON LINCOLN ROAD,BETWEEN COLLINS AVENUE AND ALTON ROAD;AND DY AMENDING ARTICLE til,ENTITLED'OVERLAY DISTRICTS; DIVISION 12,ENTITLED.-ART DECO; AT SECTION i42.870.i1,ENTITLED''COMPLUaNCE WITH.REGULATiONS,'TO AMEND THE LE;T OF FROI-IISITED USES FOR,PROPERTIES IN THC OVERLAY DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILiTY;.A,I O AN EFFECTIVE DATE. 771.i Or,s1IN/rco i; Lung fraerJpvrsual?:Fc,5_ctlon IIft-I64'pi'tr- C;rv'_Land.D- -' ioce:en:Code_ -luectea tc • tl;Y P:32+:n010 Dev.vrirr,ent,t x,5.373.7650. INTEREST EO-PA42•ruES aro tr Lod to appasr at this mooting, or Uo roprusamt_•d by an agent,or to wrprass th_Irviews n.writing addressed to Lha.City Commission,c/o the CityCledc, 1700 Convent:;,n Center Dn'n, IFloor,City Hall, Miami t3oach, Florida 33159:A•copy o!this born i3 ntttitalo,to for. public Inspection during normal business_hours In trio OItIoa of the City Otani, 1700 Convection Ccntarori:e,.t`Floor,City Hall, Miami Roach.Ftoaride.331:39.This rneotirII.or any item'horein.may be conthi,ad,and under-suctr circumstances,additional legal notice need not ba.provided_ Purat:oaf t4 Soc:ton 2116,0105;lis,Slat.,thin-City hereby advitrvn the public that II,a peron.daci11cn to appeal any decthlan matte By the City CorontiuSlnrr with iwripect to arty matter considered at Its marrtitltj or its hoiring.mach;lomat;'myat onaure?Shia a verbatim record al iha•nrecc.:;fir;le t mar3o, which meati#Intlul$os,lhe tontimony and ovidencr;upon which Itto apical is to bo basal This notice. • does not coneEntto consent by the City for'Iha introDhction or ndrrib an dl othctwico inaiimioci'ah 'or ir;ete ant cvidonca,nor r}acs it atithorita chntlangon or appeals not otherwise allowed by law. To rcauest thea material in alternate format, sign.language intecpmtor ihvo clay raot a required), •Information an zccass iar person: with disabilitio;i, and/or arty accommodation te review any document or particlpato In any-City-sponsored precoodins;call 305.604.2480 and soloct option 6; TTY droll;may call via 711 (Florida Relay ocrvieol. Raia�l E_Granada,City Clark City 01 Miami Beach Ad 00051Lr-08.. Page 622 of 868 This instrument was prepared by: Name: Carter N McDowell Address: Bilzin Sumberg 1450 Brickell Avenue Suite 2300 Miami, Florida 33131 (Space Reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS THIS Declaration of Restrictive Covenants ("Declaration"), is made this day of 2019, by 947 Lincoln Road Holdings LLC, a Delaware limited liability company ("Owner(s)"), in favor of the City of Miami Beach, Florida, a municipality of the State of Florida ("City"). WITNESSETH: WHEREAS, the Owner holds fee-simple title to certain property in the City of Miami Beach, Florida, located at 1657 Michigan Avenue and 947 Lincoln Road, Miami Beach, Florida, bearing the following folio number(s) 02-3234-018-0010, legally described in Exhibit "A," attached hereto and made a part hereof("Property"); and WHEREAS, on September 15, 2015 the Owner entered into a lease with Walgreen Co., an Illinois corporation ("Walgreens"). WHEREAS, on October 17, 2017 Owner obtained approval of the Historic Preservation Board under File No. HPB 17-0099 as recorded in Official Records Book 30721, at Page 2121 of the Public,Records of Miami-Dade County, Florida ( the "HP13 Order" ) ; and WHEREAS, Walgreens applied for a building permit pursuant to the HPB Order on or about August 10, 2018, and WHEREAS, the Owner and Walgreens are desirous of making a binding commitment, to assure that the Property shall be developed in accordance with representations and commitments made to the City. NOW, THEREFORE, the Owner and Walgreens voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owners of the Property MIAMI 6343787.8 84269/88438 Page 623 of 868 Declaration Restrictive Covenants Address Folio No. Page 2 of 7 and Walgreens, their successors in interest and assigns, as follows: - 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. The Property will be developed and operated substantially in accordance with • the plans attached hereto and incorporated herein as Exhibit "B" (the "Plans"). With regard to the interior graphic locations identified on the Plans, if the Lincoln Road Business Improvement District ("BID") wishes to propose new graphics for some or all of those locations, at the BID's sole cost and expense not more often than once per year, Walgreens agrees to reasonably cooperate with the BID to allow the graphics to be changed, subject to Walgreens right to approve the graphics in its sole discretion and to schedule the installation in a way that minimizes disruption to its store operations. The Property's substantial • compliance with the terms of this Declaration (including the Plans) shall be determined by the • City's Planning Director or the Director's deignee. 3. No sales of single bottles or single cans of beer shall be allowed on the Property. 4. No sales of marijuana or marijuana derivative products shall be allowed on the Property. 5. This voluntary Declaration shall remain in full force and effect and shallbe binding upon the Owners and Walgreens or their successors in interest and assigns for a period of time equal to the earlier of: 1) twenty (20) years from the date this instrument is recorded in the public records or 2) Walgreens or a related entity either does not occupy or vacates the property, unless modified, amended or released prior to the expiration thereof. • 6. This Declaration may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Owners of the fee-simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the City Commission following a public hearing, which public hearing shall be applied for by and at the expense of the Owners. Should this instrument be so modified, amended or released the City Manager, or the City Manager's successor, or other administrative officer with jurisdiction over the matter, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. MIAMI 6343787.8 84269/88438 Page 624 of 868 Declaration Restrictive Covenants Address Folio No. Page3of7 7. Invalidation of any provision of this Declaration by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. This Declaration shall be recorded in the Public Records of Miami-Dade County, Florida, at the cost of the Owners. 9. It is understood and agreed that any official of the City of Miami Beach has the right at any time during normal business hours of entering and investigating the use of the Property, to determine whether the conditions of this Declaration and the requirements of the City's building, zoning and land development regulations are being complied with. 10. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Declaration or provisions of the building, zoning or land development regulations, either to restrain violations or to recover damages. The prevailing party in the action shall be entitled to recover costs and reasonable attorneys' fees, at all levels of trial and appeal. This enforcement provision shall be in addition to any other remedies available under the law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK—SIGNATURE PAGES TO FOLLOW] • MIAMI 6343787.8 84269/88438 Page 625 of 868 Declaration Restrictive Covenants Address Folio No. Page 4 of 7 Signed, witnessed, executed and acknowledged on this day of [*Note: All others require attachment of original corporate resolution of authorization] WITNESSES: OWNER: 947 Lincoln Road Holdings LLC, by 947 LINCOLN ROAD LLC, Signature Signature Print Name Print Name Signature • Name of Corporate Entity Print Name Position with Corporate Entity (Pres. VP, CEO) Address: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by , who is personally known to me or has produced , as identification. Witness my signature and official seal this day of in the County and State aforesaid. My Commission Expires: Notary Public-State of MIAMI 6343787.8 84269/88438 Page 626 of 868 Declaration Restrictive Covenants Address Folio No. Page 5 of 7 Print Name Approved: Approved as to form & language &for execution: Director of Planning Date City Attorney Date • MIAMI 6343787.8 84269/88438 Page 627 of 868 Declaration Restrictive Covenants Address Folio No. Page6of7 EXHIBIT A The land referred to herein below is situated in the County of Miami-Dade, State of Florida, and is described as follows: Lot 1, Block 37, COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, according to the Plat thereof as recorded in Plat Book 6, Page 5, Public Records of Miami-Dade County, Florida. MIAMI 6343787.8 84269/88438 Page 628 of 868 Declaration Restrictive Covenants Address Folio No. Page 7 of 7 MIAMI 6343787.8 84269/88438 Page 629 of 868 Declaration Restrictive Covenants Address Folio No. Page8of7 EXHIBIT B (Plan) •MIAMI 6343787.8 84269/88438 Page 630 of 868 Declaration Restrictive Covenants Address Folio No. Page9of7 JOINDER AND CONSENT OF TENANT The undersigned, Tenant, under that certain Lease dated September 3, 2015 by and between Lincoln Road Holdings, LLC, a Delaware Limited Liability Company and Walgreen Co., an Illinois corporation, a memorandum of which is recorded at CFN 20180189191 Official Records Book 30918 at Page 3656, of the Public Records of Dade County, Florida, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by Lincoln Road Holdings, LLC in favor of the City of Miami Beach, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the Leasehold shall be subject to and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2019. Witnesses: TENANT: WALGREEN CO. By: Print Name: Print Name: Its: Print Name: MIAMI 6343787.8 84269/88438 Page 631 of 868 Declaration Restrictive Covenants Address Folio No. Page 10of7 STATE OF ILLINOIS ) SS: COUNTY OF LAKE ) I, the undersigned, a Notary Public, do hereby certify that , personally known to me to be the of WALGREEN CO., an Illinois corporation, and personally known to me to be the person whose name is subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as such of said corporation, pursuant to authority given by the Board of Directors of said corporation, as his free and voluntary act, and as the free and voluntary act and deed of said corporation, for the purposes therein set forty. Given under my hand and notarial seal this day of , 2019. 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