HomeMy WebLinkAboutOrdinance 2022-4469 Regulations For Lower Impact Accessory Medical Uses
ORDINANCE NO. 2022-4469
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 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE V, ENTITLED "SPECIALIZED USE
REGULATIONS," DIVISION 2, ENTITLED "ASSISTED LIVING AND MEDICAL
USES," TO MODIFY REGULATIONS FOR CLASS I MEDICAL USES, WHERE
PERMITTED AS AN ACCESSORY USE, TO PROVIDE CONSISTENCY WITH
REGULATIONS FOR ACCESSORY COMMERCIAL USES IN CHAPTER 142,
ARTICLE IV, DIVISION 2 OF THE LAND DEVELOPMENT REGULATIONS AND
OTHER RELATED PROVISIONS; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the regulations in Section 142-1253 of the Land Development
Regulations (LDRs), Class I medical uses include optician, retail clinic, adult day care center,
electrology facility, and medical office; and
WHEREAS, Class I medical uses generally have an impact similar to, and often
incorporate, retail uses; and
WHEREAS, pursuant to the regulations in Section 142-1255 of the LDRs, Class I medical
uses are permitted as an accessory use in the RM-2, RM-PRD-2, RM-3, RPS-3, and RPS-4
zoning districts; and
WHEREAS, the City seeks to regulate Class I medical uses when permitted as an
accessory use in a manner that is similar to other accessory commercial uses; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety, and general welfare of its citizens; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. Chapter 142, entitled "Zoning Districts and Regulations," Article V, entitled
"Specialized Use Regulations," Division 2, entitled "Assisted Living and Medical Uses," is hereby
amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE V. SPECIALIZED USE REGULATIONS
DIVISION 2. ASSISTED LIVING AND MEDICAL USES
1
Sec. 142-1256. Minimum zoning standards.
(b) Standards for specific medical use classes.
(1) Class I medical uses:
A. AGGeSG to Glees 1 medical uses Where permitted as .gin aGGeGGGF i use shall
he limited to quest of a hotel or residepts and their guests of -A resirleptiel
use In zoning districts where Class I medical uses are permitted as an
accessory use, such uses shall be treated as a commercial use and shall
be subject to the regulations on accessory uses in Chapter 142, Article IV,
Division 2 of the Land Development Regulations, as well as any applicable
regulations for the underlying zoning district. If located within a main use
parking garage as an allowable accessory use, such uses shall be subject
to the applicable regulations in section 130-68 of the Land Development
Regulations.
B. Class I medical uses shall not operate between the hours of 10:00 p.m. and
7:00 a.m. Such hours may be modified with conditional use approval.
C. Overnight stays are prohibited.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this o20 day of 74nkar/ 12022.
ATTEST:
JAN 2 5 20122 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
$^ LANGUAGE AND FOR EXECUTION
-'PA OR..v D;
''4��':�•:Yl''.C;;��_ ` \� `
City Attorney DateN
First Reading: December 8, 2021
Second Reading: January .90 , 2022
Verified By: a r
Thomas R. Mooney, AICP
Planning Director
T:\Agenda\2021\12—December8\Planning\Regulations for Lower Impact Accessory Medical Uses-First Reading ORD.docx
3
Ordinances-R5 M
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
5:03 p.m. Second Reading Public Hearing
SUBJECT. REGULATIONS FOR LOWER IMPACTACCESSORY MEDICAL USES
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 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED "SPECIALIZED
USE REGULATIONS," DIVISION 2, ENTITLED "ASSISTED LIVING AND
MEDICAL USES," TO MODIFY REGULATIONS FOR CLASS I MEDICAL
USES, WHERE PERMITTED AS AN ACCESSORY USE, TO PROVIDE
CONSISTENCY WITH REGULATIONS FOR ACCESSORY COMMERCIAL
USES IN CHAPTER 142, ARTICLE IV, DIVISION 2 OF THE LAND
DEVELOPMENT REGULATIONS AND OTHER RELATED PROVISIONS;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On September 17, 2021, at the request of Commissioner Mark Samuelian, the City
Commission referred the proposed Ordinance to the Land Use and Sustainability Committee
(LUSC) and the Planning Board (item C4M). On October 19, 2021 the LUSC reviewed the
proposed Ordinance and recommended approval.
ANALYSIS
PLANNING ANALYSIS
On January 17, 2018, the City Commission adopted Ordinance No. 2018-4170, which updated
the Assisted Living Facility and Medical Use Zoning Regulations within the Land Development
Regulations (LDRs). This Ordinance organized various types medical uses into eight (8)
classes. Generally, the higher the class, the greater the impact of the medical use. The
Ordinance also detailed specific zoning districts that each class is allowed and additional
regulations that apply to each class.
Page 727 of 1313
Class I medical uses consist of opticians, retail clinics, adult day care centers, electrology
facilities, and medical offices. For reference, a"medical office" is a small-scale office providing
medical or dental treatment, including chiropractor's office, dentist's office, dietician, doctor's
office, homeopathic physician's office, pathologist, physiotherapist's office, phlebotomists
office, podiatrist's office, optometrist's office, ophthalmologist's office, or psychiatrist's office,
With a maximum floor area of 5,000 square feet. The regulations provide that Class I medical
uses may not operate between the hours of 10:00 PM and 7:00 AM, though the hours can be
modified with Conditional Use approval from the Planning Board.Additionally, the regulations
prohibit any overnight stays. Given their scale, services provided, and hours of operation, Class
I medical uses have the lowest impact on their surroundings.Their impact is similar to that of a
typical commercial establishment.
Class I medical uses are generally allowed as a main permitted use in the City s commercial
districts. In the middle and high intensity multifamily residential districts, including RM-2, RM-
PRD-2, RM-0, RPS-3, and RPSA Class I medical uses are allowed as an accessory use.
Section 142-1255 of the LDRs provide that where Class I medical uses are allowed as an
accessory use that access be limited to hotel guests or residents of a building and their invited
guests. Even though these types of uses may be desirable in high intensity residential areas in a
limited form, this regulation essentially prevents Class I medical uses from locating in these
areas because it greatly limits their potential to attract clients. It also has the effect of prohibiting
the use as an accessory use in main use garages in these districts, if the garage does not
contain residential, or hotel uses.
Given their minimal impact, importance for the health and well-being of residents, and desirability
the attached Ordinance proposes to remove the limitation on clients where Class I medical uses
are allowed as an accessory use. The proposed Ordinance instead treats the use as an
allowable commercial use, and subject to the standard regulations for accessory uses in
Chapter 142, Article IV, Division 2 of the LDRs, as well as the applicable underlying zoning
district regulations.Additionally, if located in a main use parldng garage, the use would be
subject to the applicable regulations of section 130-68 of the LDRs.
The existing accessory use regulations provide where within a building the uses can locate, the
circumstances under which they are allowed, and other restrictions. The limitations for
accessory uses will ensure that Class I medical uses located in a residential district do not
negatively impact surrounding residents. The proposal will therefore increase the access and
convenience of low impact medical uses, while ensuring that residents' quality of life is not
impacted.
PLANNING BOARD REVIEW
On October 26, 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.
UPDATE
The subject Ordinance was approved at First Reading on December 8, 2021,with no changes,
including the waiver of the applicable Planning Board fees in accordance with Sec. 118-162(c)
of the City Code.
Page 728 of 1313
SUPPORTING SURVEY DATA
Expand Opportunities for Desirable Uses
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
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
Commissioner Mark Samuelian
ATTACHMENTS:
Description
o Ordinance
o Ad
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SUNDAY I1UNUM 2 2072 I I NEIGHBORS I 27NE
CITY OF MIAMI BEACH CiTY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE MODIFYING REGULATIONS FOR ORDINANCE AMENDING PACKAGE STORE PROHIBITION ON
LOWER IMPACT ACCESSORY MEDICAL USES ALTON ROAD
CLASS I MEDICAL USESI JANUARY 20,2022
JANUARY 20,2022 HYBRID CITY COMMISSION MEETING
HYBRID CITY COMMISSION MEETING On January 20,2022.cite Cary of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid
On January 20,2022,the City of Miami Beady will host a Hybrid Commission Meeting.Oaring the Hybrid Commission Meeting.the City Commisstan will be physically present in a socially distanced manner in the
Commission Meeting,the City Commission will be pfysicalty present in a socially distanced manner in the Commission Chamber,Miami Beach City Hag.1700 Comiention Center Drive,3td Floor,Miami Beach,FL 33139.
Commission Chamber,Miami Reach City Hall,1700 Convention Center Drive,3rd Floor,Miarni Beach,FL 33139. Applicants and the public are encouraged to attend the meeting virtually(as provided below).However,members
Applicants and the public are encouraged to attend the meeting virtually(as provided below).However,members of the public who wish to attend the meeting or provide public comment in person may appear at the Commission
of the public who wish to attend the meeting or provide public comment In person may appear at the Commission Chamber.Members of the pubic are requiredlo wear facial coverings(pursuant to City of Miarni Beach Resoltition
Chamber.Members of the public are requiredlo wear facial coverings(pursuant to Cityal Miarni Beach Resolution 2021.31825)andobservesocialdistancingconsistentwfthCDCguidancetoimitthespreadafCOVID-19.
2021-31825)and observe social distancing consistent with CDC guidance to limit the spread of COVID-19. To participate or provide comment vir"during the Commission Meeting,the public may join the webinar
To participate at provide comment virtually during the Commission Meeting,the public may join the weblear al hNos:UmiamibeachUwsaom.us/UB1392857671 arvia telephone aL 1.301.715.9592(U.S.)or888.475.4499
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NOTICE 19 HEMBYGIVEN that the follcvAng Public Hearing will be heard boe Mayor and City Commissioners of NOTICE ISHEREBi6111thatthelMlowingPublicHearingatbeheardbytheMayorandCRyCemmissionersof
the CIry of M(ami Beach,Florida,an Jamar2 24 2022.at 6:03 vim.ar as soon thereafter as the nutter can be heard: the City of Miami Beach,Florida,on Janutri 20.2022,at 5:01 p.m.or as soon thereafter as the matter can be heard:
5:03&m.second ffedini Public Hudna 5:01 N.M.Secant Readma Fuase Nearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING 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'(AND DEVELOPMENT REGULATIONS," CHAPTER 142,"ZONING DISTRICTSAND REGULATIONS,"ARTICLER,"DISTRICTREGULATiONS,"BYAMENDING
BY AMENDING CHAPTER 142.ENTITLED"ZONING DISTRICTS AND REGULATIONS,"ARTICLE V.ENTITLED DIVISION 4,"Cat COMMERCIAL,LDW4NTENSITY DISTRICT;SECTION 142V5,"PROHIBITED USES;AND
"SPECIALIZED USE REGULATIONS,"DIVISION 2.ENTITLED'ASSISTED LIVING AND MEDICAL USES,"TO DIVISION 5,-C62 COMMERCIAL,MEDIUM INTENSITY DISTRICT,"SECTION 142-305,-PROHIBITED USES;TO
MODIFY REGULATIONS FOR CLASS I MEDICAL USES,WHERE PERMITTED AS AN ACCESSORY USE,TO AMEND THE LIST OF PROHIBITED USES TO INCLUDE PACKAGE LIQUOR STORES ALONG THE ALTON ROAD
PROVIDE CONSISTENCY WITH REGULATIONS FOR ACCESSORY COMMERCIAL USES IN CHAPTER 142. CORRIDOR;AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE
ARTICLE IV,DIVISION 2 OF THE LAND DEVELOPMENT REGULATIONS AND OTHER RELATED PROVISIONS;AND This Ordinance is being heard pursuant to Section 118.164 of the City's Land Development,Section 2.05 of
PROVIDING FOR REPEALER,CODIFICATION,SEVERABILITY,AND AN EFFECTIVE DATE This Ordinance is being the City Charter,and§766.041 F.S.inquiries may be directed to the Planning Department at 305.673.7550.
hard pursuant to Section 118-164 of the City's Land Development We.Inquires may be directed to the
Planning Department at 305.673.75% INTERESTED PARTIES are imriled to take part in this meeting at be represented by an agent.The pudic may
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City Commission Meeting.Please identitytheAgenda Item Number in the email subject line.Enaills fecelved wiU be
suamitwrMen comments by sending an email to:GtyClerk@miartribeachB.eov by 5:00 p.m.the day before the City forwarded to the Mayor and Commissioners and will be included as a part of the meeting record.
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circumstances,additional legal notice need not be prodded. Pursuant to Section 266.0105,Fla.Spat.,the City hereby advises the public that if a person decides to appal
Pursuant to Section 281.0105,Fla.Slat,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission concerning any matter considered at its meeting or its heating,such
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on
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MIAMIBEACH Rafael I- Clerkeach MiAMIBEACH RafaelE.Granada.City each
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