HomeMy WebLinkAboutOrdinance 2022-4468 Retail Fulfillment Centers
ORDINANCE NO. 2022-4468
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," AT SECTION 114-1, "DEFINITIONS," TO AMEND THE
DEFINITION OF CONVENIENCE STORE AND CREATE A DEFINITION FOR
"RETAIL FULFILLMENT CENTER"; AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE I, ENTITLED
"GENERAL TO ALL ZONING DISTRICTS," BY CREATING SECTION 142-4,
ENTITLED "NEIGHBORHOOD AND RETAIL FULFILLMENT CENTERS," TO
CREATE CITYWIDE REGULATIONS FOR NEIGHBORHOOD AND RETAIL
FULFILLMENT CENTERS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, due to the advent of online retailing, economic conditions are changing,
thereby impacting the market for traditional brick-and-mortar retailers; and
WHEREAS, the City of Miami Beach (the "City") desires to amend its Land Development
Regulations to provide regulations for new uses which, due to changing economic conditions,
may be introduced in the future; and
WHEREAS, retail fulfillment centers allow for goods to be purchased online and delivered
to customers, while maintaining active storefronts which contribute to an active pedestrian realm;
and
WHEREAS, due to their impacts on pedestrian, bicycle, and vehicular traffic, and
compatibility with existing development, neighborhood fulfillment centers and retail fulfillment
centers should only be permitted in certain areas of the City; and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, general welfare, and morals of its citizens; 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
1
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, containing
a publicly accessible sales area that comprises at least 70% of the floor area of the store, and
that is designed and stocked to sell a mixture of goods such as non-prescription medications,
beverages, 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.
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.
Retail fulfillment center shall mean a retail establishment, not licensed as an adult bookstore or
adult entertainment establishment, where goods are primarily sold online and/or delivered off
premises. Such goods shall not include the sale of any type of alcoholic beverage, nor the sale
of cannabis (or marijuana), cannabis derivative products, or cannabis delivery devices, nor the
sale_ of any type of tobacco product, vaping, vapor-generating electronic device, or smoking
device. Such establishment must also have an active storefront, along all sidewalk facing
portions of the building, that is open to the general public at least eight hours per day. The active
storefront must have a minimum depth of 15 feet and a minimum area of 700 square feet. Retail
fulfillment centers shall be limited to no more than 7,000 square feet. Goods sold by a retail
fulfillment center may include goods similar to those that are sold in a convenience store, except
for those products identified in this paragraph.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article I, "General to all zoning
districts," is hereby amended as follows:
CHAPTER 142. ZONING DISTRICTS AND REGULATIONS
ARTICLE I. GENERAL TO ALL ZONING DISTRICTS
2
Sec. 142-4. Neighborhood and Retail Fulfillment Centers.
Unless otherwise listed in Chapter 142 as a main-permitted or conditional use within a specific
zoning district, Neighborhood Fulfillment Centers and Retail Fulfillment Centers, as defined in
Section 114-1, are:prohibited:in the City of Miami Beach.
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 ao day.of �Jank4�y 2022.
Dan Gelber, Mayor
ATTEST: APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
JAN 2 5 2022
Rafael Grariado, City Clerk
City Attorney Date .
First Reading: December 8, 2021
Second Reading: nuary a , 20
G -
Verified By:
��.,�. ,
T as R. Mooney AICP
Planning,Director
TAAgenda\2021\12 December.8\Planning\Retail Fulfillment Centers-First treading bkD.docx
3 .
Ordinances - R5 L
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
5:02 p.m. Second Reading Public Hearing
SUBJECT: RETAIL FULFILLMENT CENTERS
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,"AT SECTION 114-1, "DEFINITIONS,"
TO AMEND THE DEFINITION OF CONVENIENCE STORE AND CREATE A
DEFINITION FOR "RETAIL FULFILLMENT CENTER;" AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY
CREATING SECTION 142-4, ENTITLED "NEIGHBORHOOD AND RETAIL
FULFILLMENT CENTERS," TO CREATE CITYWIDE REGULATIONS FOR
NEIGHBORHOOD . AND RETAIL FULFILLMENT CENTERS; 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 September 17, 2021, at the request of Commissioner Steven Meiner, the City Commission
referred the proposed Ordinance to the Planning Board (item C4 X).
ANALYSIS
PLANNING ANALYSIS
Due to the growth of online retailing, the face of brick-and-mortar retail is also changing, and the
potential exists to impact neighborhoods if localized online retailers are not properly regulated.
One such type of emerging use is a retail fulfillment center, which is a relatively small
establishment that is similar to convenience stores.
Retail fulfillment centers rely primarily on quickly delivering goods that are sold online. The rapid
purchase and delivery time for the sale of goods to a larger service area could, potentially,
impact traffic throughout the day, as opposed to a more traditional walk-in convenience or
grocery store. However, that would need to be compared to the traffic generated by the number
Page 719 of 1313
of single trips made by customers to such establishments. Additionally, because the potential
exists to sell more goods than a convenience store of a similar size, there may be increased
demands for loading than would otherwise be expected.
The City's current Land Development Regulations (LDR's)are more specific to traditional retail
establishments. Because the LDRs do not define "retail fulfillment centers," establishments
similar in nature to retail fulfillment centers have been treated as convenience stores, provided
that an appropriate amount of in person sales and storefront visibility are provided. Convenience
stores are generally allowed in most commercial districts, except certain overlays where they are
either prohibited or limited in number.
In order to allow for appropriate regulations, the proposed amendment creates the following
definition for retail fulfillment center.
Retail fulfillment center shall mean a retail establishment, not licensed as an adult bookstore
or adult entertainment establishment, where goods are primarily sold online and delivered off
premises. Such goods shall not include the sale of any type of alcoholic beverage, nor the
sale of cannabis (or marijuana), cannabis derivative products, or cannabis delivery devices,
nor the sale of any type of tobacco product, vaping, vapor-generating electronic device, or
smoking device. Such establishment must also have an active storefront, along all sidewalk
facing portions of the building, that is open to the general public at least eight hours per day.
The active storefront must have a minimum depth of 1.5 feet and a minimum area of 700
square feet. Retail fulfillment centers shall be limited to no more than 7,000 square feet.
Goods sold by a retail fulfillment center may include goods similar to those that are sold in a
convenience store, except for those products identified in this paragraph.
The proposed amendment also adds a clarification to the definition for"convenience stores" to
ensure that publicly accessible sales areas are at least 70% of the floor area of the store.
Since such uses are relatively new, there is not significant research available that adequately
describes the impact of these types of establishments. So that these impacts can be properly
analyzed, the proposed ordinance prohibits retail fulfillment centers in all zoning districts.
However, the proposed language also provides that the use may be specifically authorized in
certain underlying zoning districts, either as a main permitted use or a conditional use. As no
locations for retail fulfillment centers have been identified in the subject Ordinance, in order to
allow for this use in specific zoning districts in the future separate amendments to the LDR's
would be required, once such districts are identified.
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. The Planning Board
also recommended that the definitions for retail fulfillment center and convenience stores be
modified slightly; these revisions are noted herein and have been incorporated into the
Ordinance for first reading.
Additionally, the Planning Board recommended that the City Commission refer a separate
Ordinance to amend the current definition of neighborhood fulfillment center as follows:
Page 720 of 1313
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
busifless off premises by delivery persons that do not use cars, vans, or trucks. Such
facilities are limited to 35,000 square feet.
The Administration has no objection to this recommendation.
SUMMARY
The Administration is supportive of the proposed Ordinance as it creates a much-needed
definition for retail fulfillment centers and clarifies the distinction from convenience stores.
Additionally, if properly regulated, a retail fulfillment center could be an appropriate use within
certain areas of the City. In this regard, at some point in the future the City Commission may
wish to consider looking at potential locations of retail fulfillment centers within appropriate areas
of the City.
UPDATE
The City Commission approved the subject Ordinance at First Reading on December 8, 2021,
inclusive of a waiver of the applicable Planning Board review fee. The City Commission also
requested that the Administration explore areas of the City where retail fulfillment centers could
be located, and bring back recommendations at Second Reading.
If properly regulated, a retail fulfillment center would be an appropriate use within certain areas
of the City. Specifically, the following commercial areas of the City would be worthy of
consideration:
• Normandy Drive and 71 st Street in North Beach.
•41 st Street between Sheridan and Chase Avenues.
• The Alton Road and 5th Street corridors.
All of the aforementioned areas have good proximity to residential areas, as well as direct
access to the major causeways. Within these areas of the City, it is suggested that a retail
fulfillment center either be a conditional use, or contain specific criteria regarding hours, delivery,
loading and operations, all of which would be measurable and fully codified. It is also suggested
that the number of such establishments be limited in each of the areas, either by providing a cap
on the number of establishments, or through minimum distance separation requirements, in
order to avoid an over concentration of this use.
In addition to adopting the subject Ordinance, the Administration recommends that the City
Commission refer a separate Ordinance to the Planning Board, to permit retail fulfillment
centers in the aforementioned specific areas of the City, and in accordance with the benchmarks
and limitations noted above.
SUPPORTING SURVEY DATA
Improve Residents Quality of Life
CONCLUSION
Page 721 of 1313
The Administration recommends the following:
1. The City Commission adopt the subject Ordinance.
2. The City Commission refer a separate Ordinance to the Planning Board, to permit retail
fulfillment centers in the the following commercial areas of the City:
• Normandy Drive and 71 st Street in North Beach.
•41 st Street between Sheridan and Chase Avenues.
• The Alton Road and 5th Street corridors.
Within these areas of the City, it is further recommended that a retail fulfillment center either be a
conditional use, or contain specific criteria regarding hours, delivery, loading and operations, all
of which would be measurable and fully codified. Finally, it is recommended that the number of
.such establishments be limited in each of the areas, either by providing a cap on the number of
establishments, or through minimum distance separation requirements.
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 Steven Meiner
ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
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22NE I NEIGHBORS I I SUNDAY lANUAAY 2 2072
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
HOW A PERSON MAY PARTICIPATE DURING THE NOTICE OF PUBLIC HEARING
JANUARY 20,2022 HYBRID CITY COMMISSION MEETING In-Pnsas HrtlrJpstter ORDINANCE RELATING TO NEIGHBORHOOD AND RETAIL
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Closed captioning displays of the audio portion of the Commission Meeting are available in English on FatWoak. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF MIAMI REACH,FLORIDA,AMENDING THE
Submfltlng Written Public Comment Before the Commission MootfnO: CODE OFTHECITYOFMIAMIBEACH,SUBPARTS,ENTITLEO'LAND DEVELOPMENT REGULATIONS,"BYAMENDING
The public may submit written comments by sending an email to CRv0erk@miarribeach8.aov by S:00 p.m.the CHAPTER 114 OFTHE CITY CODE,ENTITLED"GENERALPRDVISIONS,"ATSECTION 114.1,'DEFINITIONS,"TOAMENO
day before the Commission Meeting.Please identify the Agenda Rem Number in the email subject tine.Entails, THE DEFINITION OF CONVENIENCE STORE AND CREATE A DEFINITION FOR"RETAIL FULFILLMENT CENTER";
received wig be forwarded to the Mayor and Commissioners and will be included as a part of the meeting record. AMENDING CHAPTER 142,ENTITLED"ZONING DISTRICTS AND REGULATIONS;ARTICLE I,ENTITLED"GENERAL
TO ALL ZONING DISTRICTS;BY CREATING SECTION 142-4,ENTITLED"NEIGHBORHOOD AND RETAIL FULFILLMENT
OR,STANIEY SUT410K CITIZENS SPEAKERS FORUM CENTERS;TO CREATE CITYWIDE REGULATIONS FOR NEIGHBORHOOD AND RETAIL FULFILLMENT CENTERS:AND
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