Ordinance 2021-4438 Lincoln Road Retail Use and Size Limits
ORDINANCE NO. 2021-4438
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 ESTABLISH
DEFINITIONS FOR "PRODUCTION STUDIO" AND RELATED TERMS; AND
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,"
AT SECTION 142-332, ENTITLED"MAIN PERMITTED USES,"TO AMEND THE
LIST OF MAIN PERMITTED USES FOR PROPERTIES WITH A LOT LINE ON
LINCOLN ROAD, BETWEEN COLLINS AVENUE AND ALTON ROAD; AT
SECTION 142-333, ENTITLED "CONDITIONAL USES," TO AMEND THE LIST
OF CONDITIONAL USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN
ROAD, BETWEEN COLLINS AVENUE AND ALTON ROAD; AND AT 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 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 located to the
east 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 commercial, dining, and shopping street 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; and
WHEREAS, today, Lincoln Road is a premier street 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 cohesiveness of the Lincoln Road experience, the City Commission
recommends revising the list of permitted, conditional, and prohibited uses for the subject area;
and
WHEREAS, it is the intent of the City to limit the number of certain establishments to
prevent a concentration that may negatively affect this unique and historic corridor; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
1
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:
Artisanal retail for on-site sales only shall mean a retail establishment where consumer-
oriented goods, services, or foodstuffs are produced; including, but not limited to, works of art,
clothing, personal care items, dry-cleaning, walk-in repairs, and alcoholic beverages production,
for sale to a consumer for their personal use or for consumption on the premises only. Such
facilities use moderate amounts of partially processed materials and generate minimal noise
and pollution.
Artisanal retail with off-site sales shall mean a retail establishment where consumer-
oriented goods, services, or foodstuffs are produced; including, but not limited to, works of art,
clothing, personal care items, dry-cleaning, walk-in repairs, and alcoholic beverages production,
for sale to a consumer for their personal use or for consumption on the premises and
concurrently for sale to vendors and retailers off the premises. Such facilities use moderate
amounts of partially processed materials and generate minimal noise and pollution.
* * *
Neighborhood fulfillment center shall mean a retail establishment where clients collect
goods that are sold off-site, such as with an internet retailer. Additionally, the establishment
provides a hub where goods can be collected and delivered to clients' homes or places of
business by delivery persons that do not use cars, vans, or trucks. Such facilities are limited to
35,000 square feet.
* * *
Production studio means a facility that provides the physical basis for works in the fields
of performing arts, new media art, film, television, radio, comics, interactive arts, photography,
video games, websites, and video.
* * *
2
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. 142-332. Main permitted uses.
f The main permitted uses in the CD-3 commercial, high intensity district are:
a) °Commercial uses;
(2) aApartments;
(3) aApartment hotels, hotels, hostels, and suite hotels(pursuant to section 142-1105 of
this chapter);
(4) aAlcoholic beverage establishments pursuant to the regulations set forth in chapter
6; and
(5) (Religious institutions with occupancy of 199 persons or less; and
For those lots fronting e '_- _ - e _ _ _ _ -- _ _ _ _ __ _ that portion of
Lincoln Road which is closed to traffic, unless the office area-is office uses may be
located in a mezzanine; or, when located on the ground floor, shall be set back at
least 75 feet bask from the storefront; - _ _ __ •• -• , - e- " - -• _ - - •e •_ -
(b) In addition to the provisions of subsection (a), on FOC properties located south of 17th
Street, between Lenox Avenue and Meridian Avenue, and properties with a lot line
adjoining Lincoln Road, from Collins Avenue to Alton Road, dance halls (as defined
in section 114-1 of this Code) licensed as alcoholic beverage establishments shall only
operate as restaurants with full kitchens and serving full meals. Additionally, such dance
halls, on properties located south of 17th Street, between Lenox Avenue and Meridian
. - . _ .
Alton Road, shall be required to install a double door vestibule at all access points from
the sidewalk, with the exception of emergency exits.
In addition to the main permitted uses listed in subsection (a), the following uses shall
be permitted above the ground floor on properties with a lot size greater than 50,000
square feet and with a lot line adjoining Lincoln Road between Collins Avenue and Alton
Road:
) Artisanal retail for on-site sales only;
Production studios;
Furniture sale establishments larger than 45,000 SF; and
al Major cultural institutions.
3
Sec. 142-333. Conditional uses.
The conditional uses in the CD-3 commercial, high intensity district are as follows:
(1) nNew construction of structures 50,000 square feet and over(even when divided by
a district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards;
al °Outdoor entertainment establishment;
nNeighborhood impact establishment;
11 °Open air entertainment establishment;
cReligious institutions with an occupancy greater than 199 persons;
eVideo game arcades;
l pPublic and private institutions;
sSchools and major cultural dormitory facilities as specified in section 142-1332; and
sStorage and/or parking of commercial vehicles on a site other than the site at which
the associated commerce, trade or business is located, except such storage and/or
parking of commercial vehicles shall not be permitted on lots with frontage on Lincoln
Road, Collins Avenue, 41st Street and 71st Street. See subsection 142-1103(c)
(10)Alcoholic beverage establishments located in the area generally bounded by 40th
Street to the south, 42nd Street to the north, Alton Road to the west, and the Indian
Creek waterway to the east, shall be subject to the additional requirements set forth
in section 142-340..-; and
(11)When located above the ground floor on properties with a lot size greater than
50,000 square feet and with a lot line adioininq Lincoln Road between Collins Avenue
and Alton Road, • _ e e - - -- - -•- e - --•e - •-
- - --: artisanal retail with off-
site sales and neighborhood fulfillment center (provided that no more than ono
Sec. 142-335. Prohibited uses.
(a) The prohibited uses in the CD-3 commercial, high intensity district are as follows:
(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; and
(4) Tobacco/vape dealers; and
(5) The storage and/or parking of commercial vehicles on lots with frontage on Lincoln Road,
Collins Avenue, 41st Street or 71st Street.
(b) For properties with a lot line on Lincoln Road, between Alton Road and Collins Avenue, the
following additional uses are prohibited:
(1) Check cashing stores;
4
(2) medical cannabis dispensaries (medical marijuana dispensaries);
(3) convenience stores;
(4) grocery stores;
(5) occult science establishments;
(6) pharmacy stores;
(7) souvenir and t-shirt shops; and
(8) tattoo studiosi-
(9) Retail establishments larger.than 45,000 square feet (except as otherwise provided in
section 142-332 and 142-333) (note: no variances shall be granted from the regulations
in this subsection (b)(9)); and
(10)Offices on the ground floor on that portion of Lincoln Road which is closed to traffic;
notwithstanding the foregoing, this prohibition does not include office uses located in a
mezzanine, or set back at least 75 feet back from the storefront.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this aZg day of 7-14fY , 2021.
ATTEST:
#2 j2ct,I Dan Gelber, Mayor
Raf el E. Granado, City Clerk
gs. 1j1;, APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
First Reading: June 23, 2021 r% '
Second Reading: July 28, 202 iNCORP ORATED`
6 City Attorney 3 Date
111\\\\\\
Verified by:
Thomas R. Moo ey, AICP
Planning Director
T:Wgenda\2021\10 July 28\Planning\Lincoln Road Retail Use and Size Regulations-Second Reading ORD.docx
5
Ordinances -R5 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 28, 2021
5:03 p.m.Second Reading Public Hearing
SUBJECT: LINCOLN ROAD RETAIL USE AND SIZE LIMITS
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 ESTABLISH DEFINITIONS FOR "PRODUCTION STUDIO" AND
RELATED TERMS; AND AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT," AT SECTION 142-332, ENTITLED "MAIN
PERMITTED USES," TO AMEND THE LIST OF MAIN PERMITTED USES
FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD, BETWEEN
COLLINS AVENUE AND ALTON ROAD; AT SECTION 142-333, ENTITLED
"CONDITIONAL USES," TO AMEND THE LIST OF CONDITIONAL USES
FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD, BETWEEN
COLLINS AVENUE AND ALTON ROAD; AND AT 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 PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On October 14, 2020, at the request of Commissioner Ricky Arriola, a discussion pertaining to
retail use and size regulations was referred to the Land Use and Sustainability Committee
(LUSC) by the City Commission (item C4L). On November 18, 2020 the item was deferred to
the December 15, 2020 LUSC. On December 15, 2020 the item was discussed briefly and
continued to the January 2021 LUSC meeting.
On January 20, 2021 the item was discussed and continued to the February 17, 2021 meeting
with direction to prepare a draft ordinance addressing retail sizes and uses. On February 17,
Page 1056 of 2012
2021, the LUSC reviewed and discussed the draft Ordinance prepared by the Administration
and recommended that the City Commission refer the item to the Planning Board, with the
following additional direction:
1. The Planning Board is requested to provide a recommendation on whether the 45,000
square foot threshold for retail uses should be lowered.
2. The Administration and the City Attorney were requested to explore a waiver provision for the
45,000 square foot threshold, or lower threshold, in consultation with the item sponsor.
On March 17, 2021, at the request of Commissioner Ricky Arriola, the City Commission
referred the item to the Planning Board (Item C4 I).
ANALYSIS
BACKGROUND
Currently there are no size regulations for business establishments on Lincoln Road. Over the
years there has been a balance of larger stores and smaller, boutique stores. Given the
uncertainty of current and future economic conditions, as well as the change in venue of larger
operators such as the Regal Cinema at Alton Road, regulations addressing business sizes are
being proposed.
For comparison purposes, the following is a list of regulations from other cities regarding
commercial building size:
• San Francisco, CA
To maintain a diversity of small-scale, neighborhood-serving businesses, San Francisco
prohibits stores over 4,000 square feet in several of its neighborhood commercial districts.
• Fairfield, CT
In 2007, the city of Fairfield limited retail stores and restaurants located in neighborhood
business districts to no more than 4,000 square feet.
• Guilford, CT
This town of 20,000 people caps the size of retail stores townwide. The size limit varies by area,
ranging from 15,000 to 60,000 square feet.
•Whatcom County, WA
In September 2008, Whatcom County in Washington state adopted a store size cap measure
limiting retail stores to no more than 65,000 square feet in urban growth areas and no more than
35,000 square feet in the rest of the county.
• Walpole, NH
On March 14, 2000, the residents of Walpole voted overwhelmingly to enact a 40,000-square-
foot size limit on new retail stores and restaurants.
• North Elba, NY
North Elba adopted a size cap ordinance limiting single retail stores to 40,000 square feet and
capping shopping centers at 68,000 square feet.
Page 1057 of 2012
• Charlevoix, MI
The city enacted a measure that caps stores at 45,000 square feet, which is about 20 percent
smaller than a football field and about one-quarter the size of a typical retail "supercenter."
• Easthampton, MA
In June 2015, the City Council of Easthampton, a 16,000-person town in western
Massachusetts, unanimously approved a zoning ordinance that caps new retail development at
50,000 square feet.
• Rockville, MD
In August 2000, the city of Rockville enacted an ordinance prohibiting stores over 65,000
square feet and requiring stores greater than 25,000 square feet to comply with design and
siting guidelines.
• Westford, MA
The town of Westford prohibits the construction of large retail developments (over 60,000
square feet) and requires special permits for developments between 30,000 — 60,000 square
feet, allowing the opportunity for citizen input and review by planning boards.
•Agoura Hills, CA
In 2002,voters in Agoura Hills, a community 20 miles north of Los Angeles, adopted a measure
limiting stores to no more than 60,000 square feet.
• Miami, FL
The two Coconut Grove Neighborhood Conservation Districts prohibit retail establishments
over 70,000 square feet. The Miami 21 Code requires that commercial establishments
occupying more than 55,000 square feet of floor area be approved as a Conditional Use in T6-
0 districts, as an Administrative Conditional Use in D1 districts, and by right in D2 districts. They
are prohibited in other commercial districts. In addition, the code has additional design
requirements to ensure that the building is designed in an urban manner in T6-O and D1
districts.
• Clermont, Florida
Clermont's zoning code prohibits retail development over 100,000 square feet.
• Largo, Florida
In 2005, Largo adopted an ordinance capping stores at 125,000 square feet and requiring
those over 50,000 square feet to meet design standards.
At the request of the item sponsor, the Administration reached out to the Lincoln Road BID to
obtain input on this proposal. Members of the Administration participated in the November 19,
2020 BID meeting, at which time a subcommittee was formed to take a closer look at the
proposed regulations. On December 2, 2020, the subcommittee met to discuss the proposal
and recommended that the focus be on 'uses'and not overall square footage at this time.
On January 5, 2021, the Lincoln Road BID subcommittee met again to discuss the proposal.
The subcommittee again recommended that the focus of the proposed legislation should be on
the types of uses that are sought to be controlled, and not overall square footage.
PLANNING ANALYSIS
Page 1058 of 2012
The Land Development Regulations already prohibit a number of uses on Lincoln Road that are
associated with negative neighborhood impacts/nuisances, and which would be detrimental to
the historic and economically vibrant character of the corridor. These include the following:
1. Pawnshops;
2. Secondhand dealers of precious metals/precious metals dealers;
3. Tobacco/vape dealers;
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.
While the exclusion of additional uses can certainly be explored, careful consideration must be
given to the types of uses this may affect. As part of the larger discussion, a threshold square
footage for commercial spaces on Lincoln Road, based upon existing buildouts of larger,
historic structures was considered.
Pertaining the adaptive re-use of larger, existing structures, such as the Regal Cinema, future
uses should be viewed within the larger context of Lincoln Road.Additionally, not all large retail
uses and establishments are the same, and there may be an opportunity to incentivize desired
uses.
In this regard, there are examples of multiplex theaters being transformed into warehouse
fulfillment centers (high ceilings), offices/office clusters (existing segmented spaces), as well as
mixed-use with retail, restaurants, apartments, and office. Other potential successful uses could
be a niche furniture store, production company or even an arts and cultural space. Organizations
such as Young At Art Museum, which has expressed interest in a space in Miami Beach, could
be a unique opportunity, as well as a good fit. However, for most such arts and culture
organizations,financing could be a challenge, so it is not likely that they would be able to use the
entire space.
From an Economic Development perspective, spaces such as this could be well suited for a
number of uses, including an advanced manufacturing facility, tech startup office hub, gallery
space, business incubator, brewery/restaurant, or any combination of the above.Although some
of these uses require amendments to the CD-3 regulations, they would offer an opportunity to
provide new uses that would not compete with the businesses along the rest of Lincoln Road.
Following the direction of the LUSC at the January 20, 2021 meeting, staff prepared the
attached draft Ordinance, which applies to properties with a lot line on Lincoln Road between
Alton Road and Collins Avenue. On the subject properties, the Ordinance prohibits retail
establishments over 45,000 square feet in size but provides an exemption for specific types of
commercial uses, which are encouraged in larger commercial spaces, pursuant to the
Economic Development suggestions above.
For reference purposes, the following is survey data from the Miami-Dade Property Appraiser
and includes the size of the larger existing retail establishments along the Lincoln Road corridor:
Page 1059 of 2012
• H&M—37,787 SF
• Forever2l —41,370 SF
•The Gap—29,741 SF
• Nike—31,573 SF
As retail establishments over 45,000 SF would generally only be feasible on lots over 50,000
SF, the draft Ordinance provides alternative uses that could be located above the ground floor
on such lots along the corridor. The additional uses are similar to those described above and
include the following:
• Main Permitted Uses:
1.Artisanal Retail for On-Site Sales Only,
2. Production Studios,
3. Furniture sales establishments over 45,000 SF, and
4. Major Cultural Institutions.
• Conditional Uses (i.e. uses that require Planning Board approval):
1.Artisanal Retail with Off-Site Sales,
2. Neighborhood Fulfillment Center(with a cap of one establishment).
At present there are only two lots over 50,000 SF that could take advantage of the additional
uses, should they be approved. However, more sites could potentially be created by
establishing unified development sites, though for much of the corridor this would be unfeasible
or unlikely.
Subsequent to the February 17, 2021 LUSC, and at the direction of the Committee, staff
discussed different options pertaining to a possible waiver provision of the 45,000 square foot
threshold with the item sponsor. In this regard, a `no variance' provision has been added, as a
safeguard to ensure that new development complies with the provisions of this Ordinance.
Further, any modifications to this 45,000 square foot threshold would need to be approved by
the City Commission, as an amendment to the LDRs.
PLANNING BOARD REVIEW
On April 27,2021,the Planning Board continued the item to the May 25, 2021 meeting. On May
25, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City
Commission with a favorable recommendation by a vote of 6-0.As part of this recommendation,
the Planning Board also recommended that "Neighborhood Fulfilment Centers" be removed
from the list of conditional uses above the ground floor for properties with a lot line adjoining
Lincoln Road between Collins Avenue and Alton Road, as follows:
SECTIONS 142-333—Conditional Uses
(11) When located above the ground floor on properties with a lot size greater than 50.000 square
feet and with a lot line adjoining Lincoln Road between Collins Avenue and Alton Road.the-fellewing
artisanal retail with off-site sales
SUMMARY/UPDATE
Page 1060 of 2012
As indicated previously, the Administration believes that the proposed Ordinance represents a
careful balance between encouraging certain types of uses within larger spaces and providing
measurable limits on such spaces, as opposed to solely limiting certain types of uses, which
may have unintended consequences. On June 23, 2021, the City Commission approved the
subject Ordinance at First Reading, inclusive of the recommendation of the Planning Board
above. This change has been incorporated into the text of the Ordinance for Second Reading.
SUPPORTING SURVEY DATA
Improved Retail Development
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Applicable Area
South 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 RickyAmola
ATTACHMENTS:
Description
o Form Approved ORD
13 Ad
Page 1061 of 2012
•
18NE I NEIGHBORS I I SUNDAY MI 717071
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING r NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE SUNSET HARBOUR ORDINANCE AMENDING THE LINCOLN ROAD
CD-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT RETAIL USE AND SIZE LIMITS
AND THE L-1 LIGHT INDUSTRIAL DISTRICT JULY 28,2021 CITY COMMISSION MEETING
DEVELOPMENT OVERLAY On July 20,2021,the City el Miami Beach w40 host a Hybrid Commission Meeting.During the Hybrid Commissien
Meeting,the City Commission will be physically present in a socially distanced manner in the Commission Chamber,
JULY 28,2021 CITY COMMISSION MEETING Miami Beach City Hag.1700 Convention Center
terDrive,3rd FloorMiami Beach,FL 33139.Applicants and the public are
encouraged to attend the meed virtually(as provided below).However.members of the public who wish to attend
On Jury 28,2021,the City al Miami Beach will host a Hybrid Commission Meeting.During Ore Hybrid Commission Meeting, the meeting Or provide public comment in person may appear al the Commission Chamber.Members of the public are
the City Commission will be physlcaty present in a socially distanced manner In the Commission Chamber,Miami Beads City strongly encouraged to wear racial merinos and observe social distancing,consistent with CDC Guidance to limit the
Hall,1700 Convention Center Drive,3rd Roar.Miami Beach,FL 33139.Applicants and the public are encouraged to attend Spread at COVIDIB.
the meeting virtually(as provided below).However.members al Are public who wish to attend the meeting or proade public To participate or provide comment vlrtuafly during the Commission Meeting,the public may join the webirar at
comment in person may appear at the Commission Chamber.Members of the pubec are strongly encouraged to wear lade! httpslimiamlbeachBoov.zoom.us/j/81392857671 or da telephone at 1.301.715.0592(US.)or 888.475.4499(Toll Free).
coverings and observe social distancing,consistent with CAC guidance to limit the spread of CON619.
Weh'vrar ID:813928576711.Members of the public wasting to speak*Nally on an Item during the meeting,must dick the ,
Ta paSdpate or provide cormrcnt virtually during the Commission Meeting,the public may loin true webinar ac 'raise hand"icon it using the Zoom app or press'9 on the telephone to raise their hand.
helps//mlamOreachygovaoom.us/1/8l392857671 or ala telephone at:1.301.715.8592(US)or 88&475.4499(Toll Free).
Webinar ID:813928576719.Members of the public wanting to speak virtually an an kern during the meeting,must dick the NOTICE tS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City Commissioners al the
'raise hand'icon it using the Zoom ape or press'9 on the telephone to raise their hand. City of Miami Beach,Florida,on Alp 28,2821 at 5:03 p.m.et as Soon thereafter as the maser can be heard:
NOTICE IS HEREBY GIVEN that the lobo nes Public Heathy vdy be heard by the Mayor and CAy Commissiwers d the
City of Miami Beach,Florida.on Jab 20,2021 at 0:02 mm.or as soon thereafter as the maser can be heard LINCOLN ROAD RETAIL USE AND SIZE UMITS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING
;9=a.m.SeceedBeadlnaPublic Keedy THE CODE OF THE CITY OF MIAMI BEACH,SUBPART 8,ENTITLED`LAND DEVELOPMENT REGULATIONS,'BY
SUNSET HARBOUR CO-2 AND L-1 DEVELOPMENT OVERLAY AMENDING CHAPTER 114 OF THE CITY CODE,ENTITLED'GENERAL PROVISIONS;SECTION 114.1,"DEFINITIONS,"
AN.'ZONING
ORDINANCE OF THE MAYOR AND CITY COMMISSION I,'THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTECOMMERCIAL. TO ESTABLISH DEFINITIONS FOR"PRODUCTION STUDIO"AND RELATED TERMS;AND AMENDING CHAPTER 142.
142.'ZONINGDISTRICTSAND T.'(1)REGULATIONS,'ARTICLE If. 'PRIONS,"ATDIVIES.' "CO-2COMMERCIAL. ENTITLED'ZONING DISTRICTS AND REGULATIONS,'ARTICLE It,ENTITLED'OISTRILTREGULATIONS;DIVISION
MEDIUM INTENSITY DISTRICT,'(1)BY AMENDING SECTION 1/2-305,'PROHIBITED USES"TO PROHIBIT HOTELS,
APARTMENT HOTELS AND SUITE HOTELS IN THE SUNSET HARBOUR AREA:AND(Dl BY ESTABLISHING SECTION t42'312, 6,ENTITLED"C113 COMMERCIAL,HIGH INTENSITY DISTRICT;AT SECTION 142-332,ENTITLED'MAIN PERMITTED
'SUNSET HARBOUR DEVELOPMENT REGULATIONS,'AND BY AMENDING DIVISION 11,'L--1 LIGHT INDUSTRIAL DISTRICT; USES,'TO AMEND THE LIST OF MAIN PERMITTED USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD,
BY ESTABLISHING SECTION 142.489.'SUNSET HARBOUR DEVELOPMENT REGULATIONS.'TO MODIFY HEIGHT WAITS, BETWEEN COLLINS AVENUE AND ALTON ROAD;AT SECTION 142-333.ENTITLED"CONDITIONAL USES,"TO AMEND
HEIGHT EXCEPTIONS.AND REGULATIONS FOR SPECIAL EVENTS AND OUTDOOR SPEAKERS.ESTABLISH LIMITATIONS THE LIST OF CONDITIONAL USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD,BETWEEN COLLINS
FOR LOT SIZE AND LOT AGGREGATION,MODIFY REQUIREMENTS FOR CLEAR PEDESTRIAN PATHS.AND ESTABLISH AVENUE AND ALTON ROAD;AND AT SECTION 142-335,ENTITLED"PROHIBITED USES,"TO AMEND THE LIST OF
LIMITATIONS FOR ESTABLISHMENTS OVER 25,000 SQUARE FEET IN THE SUNSET HARBOUR NEIGHBORH000;AND PROHIBITED USES FOR PROPERTIES WITH A LOT LINE ON LINCOLN ROAD,BETWEENCOLLINS AVENUE AND ALTON
(318Y AMENDING CHAPTER 130,'OFF-STREET PARKING,"ARTICLE I,'DISTTICTS:REQUIREMENTS.'AT SECTION 133-33, ROAD;AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE GATE.This Ordinance
'OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS.2.3,4.5.6.7,1,AND 9"TO MODIFY PARKING ie being heard pursuant to Section 118.164 of the G1y's Land Development Code.inquiries maybe directed to rhe
REQUIREMENTS FOR NONRESIDENTIAL USES ABOVE THE GROUND FLOOR IN PARKING DISTRICT NUMBER S;AND Planning Department at 305.6717550.
PROVIOING FOR CODIFICATION.REPEALER.SEVERABILITY,APPLICABILITY ANO AN EFFECTIVE DATE.TMs Ordnance n
being heard pursuant to Section 178164 of life Lily's Land Development Code.Inquiries maybe(keeled la the Planning INTERESTED PARTIES are invited to lake part in this meeting or bo represented by an agent.The public may submit
Department al 305.673.7550. written comments by sending an email to:CityGak@miamlbeachf.govby 500 p.m.the day below the City Cemrnission
INTERESTED PARTIES arc hrvitedlo take part in this meeting or be represented by an agent.The public may submit MinnMeeting.Please identity the Agenda Item Number m the email subject lino.Emaits received will be forwarded to the
comments!spending an email to CpyCkrkwmiamibeacht.govtry 5:00p.m.the day before the CityComraussion Meeting.Please Mayor and Commissioners and will be inducted as a part et the meeting record.
identity the Agenda gem Number in the email subject line.Emery received will be forwarded to the Mayor and Commissioners Copies of Agenda Items are available for public inspection at heps//vAww.miamibeach8.gov/dlyhalifdtycletkj
and white included as a portal the meeting record. agendaarchhrnmainpage•2/.This meeting,or any Item therein.may be continued,and under such circumstances,
Copies of Agenda Iters are available for public inspection at:hsps//www.rmramiibeacht.gov/dtyhalldtyde+WaoOnde additional legal notice need not be provided.
archivemalnpage'P(.This meeting,or any hem therein,may be continued,and under such cltcumstances,additional legal Pursuant to Section 286.0105,Ra.Stat..the City hereby advises the nuble that it a person decides to appeal any
notice need not be prodded. decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person
Pursuant to Section 266.0105.Ra.Slat,the City hereby advises the pubic that it a person decides to appeal any decision must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon
made by the Chy Commtsskn vvittr!Bpect to any mailer considered at its meeting or its hearing,such meson meat ensure which the appeal is to be based.This notice does not constitute consent by the CAy for the Introdudm or admission at
that a verbatim record al the proceedings is nude,which record includes the testimony and evidence upe width Mt appeal is otherwise inadmissible or irrelevant evidence,nor does U authorize challenges or appeals not otherwise allowed by law.
to be based.This notice does net constitute consent by the Cwy for the introduction or admission of otherwise budmissede ar
erdevmt evidence,nor does It authorize Nattenpes or a110eats not otherwise awed by taw. To request ttds material in alternate lannat,sign language interpreter(Ave:day notice required),informatrart on access
for persons with disabilities,and/or any accommodation to review any document or participate in any Citysponsored
To request this material In attenuate format,sign language interpreter(ftve'day notice required),intormatim on access for proceedings,cad 301604.2489 and select 1 for English or 2 Ie Spanish,then option 6:TTY users may call via 711
persons with dlsabO'tties,andtor any accornmodaUon to review any document or participate in any Cilyeponsored proceedings, (Florida Relay Service).
call 305.604.2459 and select I for English or 21m Spanish.the option 6;TTY users may cat via 711(Florida Relay Service).
The City Commission Meeting wig be broadcast ave en Miami Beach TV(MERV),viewable on the City's website at The City Commission!Meting will be broadcast live on Miami Beach TV(MBTV),viewable on the City's wehsbe at
help
httprilvninv.mlamibeachn.gov/povernmed/mblq,as well as on Atlantic Broadband Cable channel 660,AT&T Averse s//wwwmamibeachlt.govjgoverrenmymbtvf,as well as on AVanle Broadband Cable channel660,AT&T U vrtse
channel 99,Melva!'Communications channel 395.and ROKU device on PEG.TV channel,and on social media al channel 99,Hotwlno Communications channel 395,and ROKU device on PEG.TV channel,and on nodal media at
https//Ymaw.facebook.cam/cityotmiamibarh httpc//www.lacebaok.caMcilyyoimiamlbeadh.
Read E.Granada,City Clerk Rafael E.Granath),City Clerk
1 iQ chef Miami ',vReach P.T 1, :BEACH City al Miami Beach
CityClenu
•'V BEACH AC I H I @mlamibeadifigov - GlyClerk@miamibeach8.gov
Ad 072132021417 305.613.7411 Ad 07282021416 305.673.7411
Page 1067 of 2012