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Ordinance 2020-4339 Prohibited Uses Along 71st Street and Normandy Drive ORDINANCE NO. 1 2020-4339 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, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, ENTITLED "DEFINITIONS," BY DELETING THE DEFINITIONS FOR "ADULT CONGREGATE LIVING FACILITY" AND "ADULT CONGREGATE LIVING FACILITY UNIT," AND BY CREATING A DEFINITION FOR "PERSONAL SERVICE ESTABLISHMENT,"; AND BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AND DIVISION 21, ENTITLED "TOWN CENTER- CENTRAL CORE (TC-C) DISTRICT," TO AMEND THE PROHIBITED USE REGULATIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations include definitions pertaining to allowable uses; and WHEREAS,on October 1, 1989, the city adopted Ordinance No. 89-2665, which included new regulations on adult congregate living facilities (ACLFs); and WHEREAS, on January 17, 2018, the Mayor and City Commission adopted Ordinance No, 2018-4170, which set forth comprehensive regulations pertaining to assisted living and medical uses in the City; and WHEREAS, the term "adult congregate living facility' or"ACLF' is no longer used by the State of Florida for licensure purposes;and WHEREAS, it is necessary and appropriate to remove outdated terms from the Land Development Regulations;and WHEREAS, the current definition in the Land Development Regulations for "personal service" pertains more to necessary assistive services for individuals living in assisted living facilities;and WHEREAS, additionally, the Land Development Regulations include references to the term "personal service establishment,"which is not defined, but is intended to apply to a standalone or accessory use that is not related to,or part of,an assisted living facility;and WHEREAS, in order to clarify the Land Development Regulations, it is necessary and appropriate to create a definition for personal service establishment;and 1 WHEREAS, the City's.Land Development Regulations include regulations for permitted, accessory, conditional, and prohibited uses in the CD-2 and TC-C districts; and WHEREAS, provisions for certain types of uses within the CD-2 and TC-C districts in North Beach are necessary and desirable;and WHEREAS, the City seeks to encourage the revitalization of the North Beach Town Center and Normandy Drive area by providing 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, tobacco and vape dealers, check cashing stores, pawnshops, souvenir and t-shirt shops, tattoo studios, fortune tellers (occult science establishments), and package liquor stores are uses which negatively affect surrounding areas and detract from the unique cultural, retail, and dining experiences which are envisioned for the North Beach area; and WHEREAS, the aforementioned uses limit the attractiveness of an area to other retail and restaurant uses which are more desirable for the North Beach area; and WHEREAS, it is the intent of the City to limit the proliferation of establishments which may negatively affect surrounding areas in the North Beach area where revitalization is sought; and WHEREAS, the proposed changes are necessary in order to promote sustainable mixed- use development within the CD-2 and TC-C districts in North Beach. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 114, "General Provisions" is hereby amended as follows: CHAPTER .114— GENERAL PROVISIONS Sec. 114-1.—Definitions * Adult congregate living facility means any state licensed institution, building, residence, out to the public to be an establishment which regularly provides such services. Adult congregate living facility unit m ans any room, or intcr connected rooms with ono main entrance, in an adult congregate living facility, containing one or more beds. * * * 2 Personal service means any services in addition to housing and food service, which include, but are not limited to, personal assistance with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating, supervision of self-administered medications, and assistance with securing health care from appropriate sources. This definition shall only be applicable to assisted living facilities as defined in Article 5, Division 2 of Chapter 142: Personal service establishment means a licensed establishment providing non-medical services for persons, such as pedicures, manicures, hair styling, barber services, massages, facials, tailoring services, and similar person-oriented services, as determined by the planning director. SECTION 2. Chapter 142, "Zoning Districts and Regulations,"Article II."District Regulations," Division 5. "CD-2 Commercial, Medium Intensity District," is hereby amended as follows: CHAPTER 142 - ZONING DISTRICTS AND REGULATIONS ARTICLE II. — DISTRICT REGULATIONS * * DIVISION 5. - CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT * * * Sec. 142-302. - Main permitted uses. The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses (including, for example, personal service establishments); apartments; apartment hotels, hotels, hostels, and suite hotels (pursuant to section 142-1105 of this chapter); religious institutions with an occupancy of 199 persons or less and alcoholic beverages establishments pursuant to the regulations set forth in chapter 6. Alcoholic beverage establishments located in the following geographic areas within the CD-2 commercial, medium intensity district shall be subject to the additional requirements set forth in section 142-310: (a) Alton Road corridor. Properties on the west side of Alton Road and east of Alton Court, between 5th Street and 11th Street, and between 14th Street and Collins Canal; and properties on the east side of West Avenue, between Lincoln Road and 17th Street, except alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton Road. (b) Sunset Harbour neighborhood. The geographic area generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south. * * * 3. ' Sec. 142-305. Prohibited uses. The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor bar counters, except as provided in article IV, division 2 of this chapter and in chapter 6. Except as otherwise provided in these land development regulations, prohibited uses in the CD-2 commercial medium intensity district also include the following: lin the Sunset Harbour Neighborhood, generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include hostels, outdoor entertainment establishments, neighborhood impact establishments, open air entertainment establishments, bars, dance halls, and entertainment establishments (as defined in section 114-1 of this Code). 02) Along Normandy Drive and 71St Street, tobacco and vape dealers, package liquor stores, check cashing stores, occult science establishments, and tattoo studios. SECTION 3. Chapter 142, "Zoning Districts and Regulations,"Article II."District Regulations," Division 21. "Town Center-Central Core(TC-C) District," is hereby amended as follows: CHAPTER 142 - ZONING DISTRICTS AND REGULATIONS * . * * ARTICLE II. DISTRICT REGULATIONS * * * DIVISION.21. = TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT * * * Sec. 142-741. - Main permitted uses, accessory uses, exception uses, special exception uses, conditional uses, and prohibited uses and supplemental use regulations. Land uses in the.TC-C district shall be regulated as follows: (a) The main permitted, accessory, conditional, and prohibited,uses are as follows: 4 General Use Category 1 Residential Uses Apartments and townhomes P Co-living P Live-work P Single-family detached dwelling P 1 Hotel Uses Hotel P Micro-hotel P 1 Commercial Uses Alcoholic beverage establishments P lArtisanal retail for on-site sales only P Grocery store P Indoor entertainment establishment P Neighborhood fulfillment center P Offices P Restaurants P Retail (including, for example, personal service establishments) P Outdoor café P Outdoor bar counter A Sidewalk café A Artisanal retail with off-site sales C Day care facility C Public and private institutions C 1 Religious institution C Schools C Commercial establishment over 25,000 SF C Retail establishment over 25,000 SF C Neighborhood impact establishment C lOutdoor and open air entertainment establishment C Pawnshop, tobacco and vape dealers, package liquor stores, check cashing stores, occult N science establishments, and tattoo studios. P = Main Permitted Use, C = Conditional Use, N = Prohibited Use, A = Accessory only 5 SECTION 4. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 5. Codification. It the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida, as amended. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to"section" or other appropriate word. SECTION 6. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance. , SECTION 7. Effective Date. This Ordinance shall take effect the 23 day of Ma , 2020. PASSED AND ADOPTED this /3 day of 7 , 2020. Dan G er, or ATTES • Rafae . r nad , Cit Clerk f`P..,.....; '•c '', y 4 APPROVED AS TO FORM I11CORPPRA\ED;:(0AND LANGUAGE ''`$;•.. A . —. AND FOR EXECUTION (77....Q._ 13vsk ,,,,tb City AttorneyDate I First Reading: January 15, 2020 N L Second Reading: February 12, 2020 �, 11 C� '/V Verified by: Thomas R. Mooney, AICP Planning Director T:\Agenda\2020\01 January\Planning\Prohibited Uses 71st Street and Normandy Drive-First Reading ORD.docx 6 Ordinances - R5 F MIAMI B COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 13, 2020 9:30 a.m. Second Reading Public Hearing SUBJECT: PROHIBITED USES ALONG 71ST STREETAND NORMANDY DRIVE 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, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, ENTITLED "DEFINITIONS," BY DELETING THE DEFINITIONS FOR "ADULT CONGREGATE LIVING FACILITY" AND "ADULT CONGREGATE LIVING FACILITY UNIT," AND BY CREATING A DEFINITION FOR "PERSONAL SERVICE ESTABLISHMENT"; AND BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AND DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT," TO AMEND THE PROHIBITED USE REGULATIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On September 11, 2019, at the request of Commissioner Micky Steinberg, the City Commission referred a discussion item to the Land Use and Development Committee (LUDC) pertaining to a proposed ordinance to expand prohibited uses along 71st Street and Normandy Drive to include package stores, vaping and smoke stores, tattoo parlors and related uses (item C4 X). On September 18, 2019 the LUDC discussed the proposal pertaining to prohibited uses along 71st Street and Normandy Drive and recommended that the City Commission refer the attached ordinance to the Planning Board for consideration. On September 18, 2019, the Land Use and Development Committee (LUDC) considered a separate proposed ordinance to expand the allowable types of accessory uses within bayfront apartment buildings in the RM-2 district. This ordinance was adopted by the City Commission on October 30, 2019. As part of the discussion of this bayfront accessory use ordinance, the LUDC recommended that the City Commission refer a separate ordinance to the Planning Page 637 of 865 Board to amend the existing definition for personal service. • On October 16, 2019 the City Commission referred both of the aforementioned items to the Planning Board for review and recommendation (items C4N and C4O). ANALYSIS PLANNING ANALYSIS Certain nuisance uses such as pawnshops, souvenir and t-shirt shops, tattoo studios, fortune tellers (occult science establishments), and package liquor stores affect the character of neighborhoods in a negative way, as they detract from the experience that tourists and residents are seeking. Businesses which provide greater economic opportunity, such as restaurants, retail, and offices are detracted because of the negative curb appeal created by the aforementioned uses. Residential development opportunities may also be reduced because of the negative connotations created by such uses. The City is trying to encourage revitalization of the North Beach area. It is the goal of the City to create an area for residents to live, work, and play, in addition to providing for economic development. In order to enhance the conditions for such revitalization, it is beneficial that the aforementioned uses not be permitted in the area. Recently,legislation was adopted by the City Commission prohibiting tobacco/vape dealer uses along 41st Street and Lincoln Road. In order to preserve and enhance the retail and pedestrian character of 71st Street and Normandy Drive in the RM-3, TC-C and CD-2 districts, the LUDC held a discussion on September 18, 2019, pertaining to a similar ordinance for areas within North Beach. The LUDC recommended that the following uses be prohibited within the TC-C district, as well as the CD-2 district along Normandy Drive: 1. Tobacco and vape dealers; 2. Package liquor stores; 3. Check cashing stores; 4. Occult science establishments; 5. Tattoo studios. Similar prohibitions or limitations exist along Lincoln Road and within Art Deco/MiMo Commercial Character Overlay District, which generally includes the Ocean Terrace area and the South Beach MXE district. The attached draft ordinance contains the prohibitions within the applicable districts. The subject ordinance also amends the definition of personal service and creates a definition for personal service establishment. The current definition for personal service in chapter 114 of the Land Development Regulations of the City Code is as follows: Personal service means any services in addition to housing and food service, which include, but are not limited to, personal assistance with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating, supervision of self-administered medications, and Page 638 of 865 assistance with securing health care from appropriate sources. This definition, which has been in the City Code since 1989, was originally drafted to define personal services associated with adult living facilities and nursing homes. Following the adoption of Ordinance No. 2018-4170, which set forth comprehensive regulations pertaining to assisted living and medical uses in the City, regulations on adult living facilities and nursing homes were consolidated. Because the term "personal service" is now referenced in the definitions for Hospital and Assisted Living Facility, in the context of the specialized use regulations for assisted living and medical uses, it is appropriate to retain and amend the current definition for "personal service," and create a new definition for "personal service establishment." In this regard, the definition of personal service is amended slightly, by clarifying that it is only applicable to assisted living facilities as defined in Article 5, Division 2 of Chapter 142. Additionally, in order to define the types of uses that comprise a personal service establishment outside of the medical realm, a new definition has been proposed in the attached draft ordinance. The proposed new definition in chapter 114 addresses the types of personal services typically permitted as both accessory and main permitted uses in commercial and multi-family zoning districts as follows: Personal service establishment means a licensed establishment providing non-retail, non- medical services, for persons, such as pedicures, manicures, hair styling. barber services, massages. facials, tailoring services. and similar person-oriented services, as determined by the planning director. Lastly, the ordinance deletes the terms "adult congregate living facility' and "adult congregate living facility unit," as these terms are no longer used by the State of Florida for licensure purposes. PLANNING BOARD REVIEW On November 19, 2019, the Planning Board held a public hearing and transmitted the following ordinances to the City Commission with a favorable recommendation by a vote of seven to zero (7-0): 1. PB19-0327: Definition of Personal Service Establishment. 2. PB19-0328: Prohibited Uses Along 71st Street and Normandy Drive. As recommended by the Planning Board, both ordinances have been combined into a single ordinance, which is attached. UPDATE The subject ordinance came before the City Commission on January 15, 2020 and was deferred to February 12, 2020, due to the length of the agenda. On February 12, 2020 the City Commission approved the subject ordinance at first reading with no changes. The item was deferred at the March 18, 2020 and April 22, 2020 City Commission meetings. CONCLUSION Page 639 of 865 The administration recommends that the City Commission adopt the subject ordinance. Applicable Area North Beach Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Vice-Mayor Micky Steinberg ATTACHMENTS: Description o Ordinance o Ad Page 640 of 865 18NE NEIGHBORS I SUNDAY MAY3 2020 MIAMIHERALD.COM CITY OF MIAMI BEACH I\,\IAMI BEACH NOTICE OF A PUBLIC HEARING AND THIRTY(30)DAY PUBLIC COMMENT PERIOD FOR FY 2020 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM AND HOME INVESTMENT PARTNERSHIP(HOME)FUNDS PUBLIC HEARING:To obtain input and comments from citizens regarding the draft CITY OF MIAMI BEACH 2020 PATE&nnual ActionTIME:Tuesday,Plan(Plan) 19,f2020 5 0BG 0-d HOME :30 P.M�ds NOTICE OF PUBLIC HEARING 'PLACE:,Due to concerns with the coronavirus COVID-19 Pandemic,the public hearing will be held telephonically via call-in number:877-848-7030 Conference ORDINANCE AMENDING THE Number:6564807. COMMENT PERIOD;May 4,2020 through June 3,2020 PROHIBITED USES ALONG 71ST Below is a summary of the draft Plan.The complete draft Plan will be available at STREET AND NORMANDY DRIVE www.miamibeachfl.gov.Written comments may be mailed to the City of Miami Beach Office of Housing and Community Services,1700 Convention Center Drive,Miami Beach,FL 33139 or via e-mail to:cristinacabrera@miamibeachfl.gov. MAY 13 2020 f Program Year 2020 CDBG Allocation- $959,218.00 The May 13,2020 City of Miami Beach Commission Meeting will be held as a Virtual Meeting with Activity/Project Amount the Mayor, Commissioners, and City staff participating through video conferencing. The Commission Meeting will be broadcast live on Miami Beach N (MBTV), viewable on the City's website at CDBG Program Administration(20%) $191,843.00 haps:/Avww.miamibeachfl,gov/oovemmenvmbty/,as well as on Atlantic Broadband Cable channel 660.AT&T Public Services(15%) LI-verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG.TV channel,and on social media at facebook.dun/dtyofmlamlbeech.To participate or provide comments,the public may join City of Miami Beach Community Services-Grocery Program $102,491.00 the virtual meeting athttpsJlus02web.zoom.usf1188472526207 or via telephone at 1.929.205.6099(U.S.)or 877.853.5257(Toll Free).The Webinar ID:884725262079. Rain Parents-Childcare Services $13,000.00 NOTICE IS HEREBY GIVEN that the following public hearing will be heard by the Mayor and City Commissioners of Boys and Girls Club of Miami-Dade—Aftercare and Summer the City of Miami Beach,Florida,on May 13,2020,at the times listed,oras soon thereafter as the matter can be heard: Camp $28,391.00 8;30 a m Second Readina Public Hearing Affordable HousingPROHIBITED USES ALONG 71ST STREET AND NORMANDY DRIVE AN ORDINANCE OF THE MAYOR AND CIN COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF Neptune Apartments(1632 Meridian Ave.)- $623,493.00 MIAMI BEACH,SUBPART B.ENTITLED'LAND DEVELOPMENT REGULATIONS.'BY AMENDING CHAPTER Rehabilitation Phase II&Resiliency Improvements 114, ENTITLED'GENERAL PROVISIONS;SECTION 114-1,ENTITLED'DEFINITIONS;BY DELETING THE DEFINITIONS FOR'ADULT CONGREGATE LIVING FACILITY'AND'ADULT CONGREGATE LIVING FACILITY UNIT,'AND BY CREATING A DEFINITION FOR'PERSONAL SERVICE ESTABLISHMENT';AND BY Program Year 2020 HOME Program— $658,888.00 AMENDING CHAPTER 142,ENTITLED'ZONING DISTRICTS AND REGULATIONS;ARTICLE II,ENTITLED 'DISTRICT REGULATIONS;DIVISION 5,ENTITLED'CD-2 COMMERCIAL.MEDIUM INTENSITY DISTRICT.' Activity/Project Amount AND DIVISION 21,ENTITLED'TOWN CENTER-CENTRAL CORE(TC-C)DISTRICT;TO AMEND THE HOME Program Administration(25%) $164,722.00 PROHIBITED USE REGULATIONS;AND PROVIDING FOR REPEALER.SEVERABILITY,CODIFICATION, AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-164 of the Citys Land Affordable Housing Development Code.Inquiries maybe directed to the Planning Department at 305.673.7550. Tenant-Based Rental Assistance $194,166.00 INTERESTED PARTIES are invited to partiapate In this meeting,or be represented by an agent by joining the virtual Homebuyer assistance&Homeowner Rehabilitation $300,000.00 meeting at httbsiIus02nmbzoom usr188472526207 or via telephone at:1.929,205.6099(U.S.)or 877.853,5257 (Toil Free).The Webinar ID:684725262079.Members of the public wanting to speak on an item during the meeting. INFORMATION: For further information, contact the City of Miami Beach Office of must click the'raise hand'icon if using the Zoom app or press eon the telephone to their hand'. Housing and Community Services at 305-673-7260."Pursuant to Fla.Stat.286.015, Written comments may be addressed to the City Commission via email to atvderk(/miannbeachfl.00v by 5:00 p.m.the day before the Commission Meeting.Please identify the Agenda Item Number in the email subject One. the City hereby advises the public that if a person decides to appeal any decision Emails received will be forwarded to the Mayor and Commissioners and wit be induded as a part of the meeting record. made by this Board,Agency or Commission,with respect to any matter considered Copies of these items are available for public inspection at IIIIPsJAvwwmiamibeachfi goy/city-hall/city-clerk/ at its meeting or hearing, he will need a record of the proceedings, and that for paenda-archive-main-cagy-2/ such purpose, affected person may need to ensure that a verbatim record of the This meeting,or any tem therein,may be calmed,and under such circumstances,adctlional lewd nctce need nct be otoieded. proceedings is made,which record includes the testimony and evidence upon which Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal the appeal is based.This notice does not constitute Consent by the City for the any decision made by the City Commission with respect to any matter considered at its meeting or Its hearing, introduction or admission or otherwise inadmissible or irrelevant evidence,nor does such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the It authorize challenges or appeals not otherwise allowed by law." introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or In accordance with the Americans with Disabilities Act of 1990, persons needing appeals not otherwise allowed by law. special accommodation to obtain materials in an accessible format to provide To request this material in alternate format sign language interpreter(five-day notice required).information on Comment should contact the CityClerk's Office at 305 673-7411 for assistance; if access for persons with disabilities,and/or any accommodation to review any document or participate in any Clty-sponsored proceedings,call 305.604.2489 and select I for English or 2 for Spanish,then option 6: hearing impaired, call the Florida Relay Service number 800-955-8771 (TDD) or TT'users may call via 711(Florida Relay Service). 800-955-8770(voice)for assistance. Rafael E.Granado,City Clerk City of Miami Beach Para obtener informaci6n en espariol, por favor contacte a Cristina Cabrera al 305-673-7260. Ad 05132020-03 Page 647 of 865