Ordinance 2023-4576 Conditional Use Regulations for Convenience_Stores_in_the_CD-3_District on Lincoln Road
ORDINANCE NO 2023-4576
t
AN ORDINANCE OF THE MAYOR AND—CITY-COMMISSION-'OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS
AND. REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," SECTION
7.2.12, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING
SECTION 7.2.12.2 "USES (CD-3)," TO LIST CONVENIENCE STORES LOCATED
ON LINCOLN ROAD BETWEEN WASHINGTON AVENUE AND COLLINS
AVENUE AS A CONDITIONAL USE SUBJECT TO STRICT CRITERIA; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City's Land Development Regulations ("LDRs") provide for the regulation
of land development within the City; and
WHEREAS, in order to incentivize compatible retail development and address retail
vacancies, the City desires to facilitate as a conditional use in limited circumstances convenience
stores set back at least 75' from Lincoln Road; and
WHEREAS, this Ordinance provides for a convenience stores as a conditional use,
located in ,the CD-3 district, for.properties with a lot line on Lincoln Road east of Washington
Avenue.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 7, entitled "Zoning Districts and Regulations, Article II, entitled "General to
All Zoning Districts," at Section 7.2.11, "CD-2 Commercial, Medium Intensity District," is hereby
amended as follows:
CHAPTER
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
7.2.12.,CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
7.2.12.2 Uses (CD-3)
Page 1 of 3
b. Supplemental Conditional Uses Regulations (CD-3)
The supplemental conditional uses are as follows:
i. Neighborhood Impact Structure (even when divided by a district boundary line);
ii. mMajor cultural dormitory facilities as specified in Section 7.5.5.3; and
iii. Storage 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,
41 st Street and 71 st Street(MAPEXHIBIT-3).Storage'and/or parking of commercial vehicles shall
be subject P, uFsaam to Section 7.5.4.3.c.
iv. Alcoholic beverage establishments located in the area generally bounded by 40th Street to the
south, 42"d Street to the north, Alton Road to the west, and the Indian Creek waterway to the east
(MAP-EXHIBIT-4), shall be subject to the additional requirements set forth in Section 7.2.12.2.f; ;
and
v. 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: artisanal
retail with off-site sales-. and
vi. Convenience stores, notwithstanding the prohibited uses listed under Section 7.2.12.2.d and
Section 7.3.7.2, may be permitted as a conditional use for properties with a lot line on Lincoln
Road, east of Washington Avenue, with a storefront located in the interior of the property and with
the entire establishment set back a minimum of 75 feet from the property line fronting Lincoln
Road as well as set back 75 feet from Washington Avenue and Collins Avenue. Conditional use
approval for a convenience store pursuant to this section must be obtained within 48 12 months
of the effective date of this section.
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 re-numbered or re-lettered 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
Page 2 of 3
PASSED and ADOPTED this day of Ac4h-ell' , 2023.
Dan Gelber, Mayor
ATTEST:
APPROVED AS TO
OCT 2 9 2023 FORM AND LANGUAGE
Rafael E. Granado, City Clerk 't. " ; "' r "FOR EXECUTION
First Reading: September 13 2023 '•IPl�,ORy�At�O�RA�TE D`
Second Reading: October 18 2023 -, y.,`t, ij Attorney Date
Verified By:
Thomas R. oone ICP
Planning Director
T:Wgenda\2023\8-October 2023\Planning\Conditional Use Regulations for Convenience Stores in CD3 District on Lincoln Road-
Second Reading ORD.docx
Page 3 of 3
Ordinances-R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 18, 2023
5:03 p.m. Second Reading Public Hearing
SUBJECT: CONDITIONAL USE REGULATIONS FOR CONVENIENCE STORES IN
THE CD-3 DISTRICT ON LINCOLN ROAD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," SECTION 7.2.12. "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," BY AMENDING SECTION 7.2.12.2 "USES (CD-3)," TO LIST
CONVENIENCE STORES LOCATED ON LINCOLN ROAD BETWEEN
WASHINGTON AVENUE AND COLLINS AVENUE AS A CONDITIONAL USE
SUBJECT TO STRICT CRITERIA; 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 November 16, 2022, at the request of Commissioner Alex Fernandez, the City Commission
referred the subject proposal (C4 Y)to the Land Use and Sustainability Committee (LUSC)and
the Planning Board. The item was placed on the January 25, 2023 LUSC agenda and deferred
to the March 1, 2023 LUSC meeting, at the request of the item sponsor. On March 1, 2023, the
LUSC recommended a modified proposal be sent to the Planning Board that included a
requirement for eligible convenience stores to obtain Conditional Use approval and adhere to
minimum operational conditions.
ANALYSIS
Pursuant to the regulations set forth in Chapter 7 of the Land Development Regulations (LDRs)
of the City Code, convenience stores are a prohibited use on properties fronting Lincoln Road
between Collins Avenue and Alton Road. The attached ordinance amends the CD-3 zoning
district regulations to allow convenience stores along Lincoln Road, east of Washington Avenue,
with a conditional use permit(CUP)and other specific restrictions. In this regard, a convenience
store would only be permitted on Lincoln Road, east of Washington Avenue, if the storefront is
located within the interior of the property, and if the entire establishment is set back a minimum
of 75 feet from Lincoln Road, as well as Washington and Collins Avenues.Also, conditional use
Page 1223 of 2240
approval for a convenience store would need to be obtained within 18 months of the effective
date of the ordinance.
The existing code provisions pertaining to conditional and prohibited uses along Lincoln Road
are intended to foster a higher caliber of uses and promote the long-term viability of the corridor.
One of these prohibited uses is convenience stores. The prohibited uses in the CD-3 district
were previously identified as not being consistent with the long-term vision for Lincoln Road, and
they have been regulated accordingly.As such, the Administration believes that any proposal to
create an exception for convenience store uses should be looked at very carefully.
The proposal herein would allow for the establishment of new convenience stores, within a
limited area of Lincoln Road, provided the use does not front directly on Lincoln Road.Although
the subject use would be buffered physically from Lincoln Road, as well as Washington and
Collins Avenues, the Administration also has concerns with the potential for a precedent,
particularly if a future proposed convenience store use should seek additional exceptions.
Additionally, the area of Lincoln Road east of Washington Avenue still lacks the same level of
tenant caliber that exists west of Washington Avenue.As such, relaxing standards for allowable
uses could have unintended consequences regarding the upgrading of tenants within the larger
2-block area east of Washington Avenue.
Notwithstanding these concerns, given the tight restraints proposed in the ordinance
amendment, it is unlikely that a single convenience store use, in and of itself, would cause
irreparable damage to Lincoln Road, as it would be well setback and insulated from the
sidewalk. Additionally, by requiring a CUP, applicable conditions and safeguards would be
placed on the use. The requirement for a CUP would also allow for the use to remain under the
jurisdiction of the Planning Board and provide for improved enforcement of conditions to ensure
that the use does not engage in behavior or activities intended to draw attention to the use and
that the surrounding area is well maintained.
Although a convenience store is not the only potential use for such spaces, the Administration is
cognizant of the constraints associated with finding tenants for large spaces setback from
Lincoln Road. As such, the Administration does not object to the proposed ordinance
amendment.
PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-1). The Planning Board
also recommended that the conditional use approval for a convenience store be obtained within
18 months of the effective date of the ordinance. This recommendation has been included in
the attached ordinance.
UPDATE
The subject ordinance was considered at First Reading on June 28, 2023, and continued to a
date certain of July 26, 2023. On July 26, 2023, First Reading of the ordinance was continued
to September 13, 2023.
On September 13, 2023, the ordinance was approved at First Reading, with a modification
reducing the sunset period for the proposed exception from 18 months to 12 months. The
ordinance for Second Reading has been modified to include this revision.
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SUPPORTING SURVEY DATA
NIA
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject 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
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Ordinance
o Ad
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22NE I NEIGHBORS I I SUNDAY IO(TOBfl 12023
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE CONDITIONAL USE REGULATIONS FOR ORDINANCE AMENDING THE ALTON GATEWAY DEVELOPMENT REGULATIONS'
CONVENIENCE STORES IN THE CD-3 DISTRICT LOCATED ON LINCOLN FLOOR AREA RATIO(FAR),PARKING,AND HEIGHT AMENDMENTS
ROAD,BETWEEN WASHINGTON AVENUE AND COLLINS AVENUE OCTOBER 18,2023
NOTICE IS HEREBY GIVEN that an Oololsr IS.2023.at 10:30a.e.,or as icon Thereafter as the mane,an be heard,The Mayor
OCTOBER 18,2023 all GlyCommssamets of the City William Beachwil hold a Social lot/hyfuilic Muriel on the following proposed Ordinance,
CITY COMMISSION MEETING ufu III[ =12;liff1R:GN1U:H"M
NOTICE IS HEREBYGIVEN that on Dossier 11,ID27,at 5,03 psL.or as soon themaller as the manor an be hard,the Maya AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CITY CODE
and City Commesionersal me Cityal Miami Beach will hold a listed kdnVFltft ie"on the following proposed Ordinance: OF THE CITY OF MIAMI BEACH,BY AMENDING CHAPTER 114.`GENERAL PROVISIONS.-SECTION 1141.-0EFINITIONS,-TO
AMEND PROVISIONS RELATING TO FLOOR AREA CALCULATIONS FOR PARTIAL BASEMENTS;BY AMENDING CHAPTER fill,
CONOt1IDMAL list RE6WATNIM FOICIIIENFMLE STORES Ill THE CD3 DISTINCT Of LIMCIUM IDAO 'ADMINISTRATION AND REVIEW PROCEOURES.'ARTICLE I,'IN GENERAL'SECTION 145,"UNITY OF TITLE;COVENANT IN
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.AMENDING THE LIFUTHEREOF,"TO MODIFY THE REQUIREMENTS FORA UNIFIED DEVELOPMENTSITE N THE ALTON ROAD GATEWAYAREA;BY
RESILIENCY CODE OF THE CITY OF MIAMI BEACH,BY AMENDING CHAPTER 7,ENTITLED'20MNG DISTRICTS AND AMENDING CHAPTER 130,'OFFSTREET PARKING.'ARTICLE 11."DISTRICTS.REQUIREMENTS;'SECTION I30,33."OFF-STREET
REGUUTIONS:ARTICLE It"DISTRICT REGULATIONS:SECTION 72.12.'CO3 COMMERCIAL.HIGH INTENSITY OISTRICT,' PARKING REQUIREMENTS FOR PARKING OLSTRCTS NOS 2.3,4,S.6,7.3.AND 9,"TO AMEND PARKING REQUIREMENTS FOR
BY AMENDING SECTION 72.12.2"USES(CD3):TO LIST CONVENIENCE STORES LOCATED ON LINCOLN ROAD BETWEEN CERTAIN GOVERNMENTAL USES IN PARKING DISTRICT NO 6;BY AMENDING CHAPTER 14Z ENTITLED'7DMNG DISTRICTS
WASHINGTON AVENUE AND COLLINS AVENUE ASA CONDITIONAL USESUBJECTIO STRICT CRfTERIA;AND PROVIDINGFOR AND REGULATIONS,'ARTICLE IT,ENTITLED'DISTRICT REGULATIONS,'OWAN J.ENTITLED-RESIDENTIAL MULTIFAMILY
CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE This Ordwaee is berg heard pursuant to CW er DISTRICTS,'SUBORIISION IV,ENTITLED'R14.2 RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY.-TO CREATE AOOfr10MAL
2,Armcfe N of the Residency Code,Section 2.0.1 of the City Charm,and 1166.041 F.S.inquiries may De directed to dire REGULATgMSFOR PROPERTIES FRONTING THE EASTSME OF WEST AVENUE AND LOCATEO WITHIN THE ALTON RDAO GATEWAY
lYamnnp Department at 305673 7550 AREA,AND BY AMENDING DIVISION S.ENTITLED'C62 COMMERCIAL.MEDIUM INTENSITY DISTRICT,'AT SECTION 142.311.
ENTITLED'ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS,'TO ESPANO THE ALTON GATEWAY AREA BOUNDARIES
Own the Ocklr If.2023.Commssian Meeting,the City of Then Beach will host a Hybrd Commission Meeting During TO INCLUDE ADDITIONAL PROPERTIES SOUTH OF STH STREET,AND MODIFY THE MAXIMUM FLOOR AREA RATIO(FAR)AND
The Hybrid Commission Meeting,the CRyCommsdonwlibe paysial?"esenln ihelimmq Ceeelsalsa Chahar,huslN alike BNLDNGHEGHT,AND AMEAIDGREEN SPACE REQUIREMENTS;AhO FOR REPEALER.SEVERABILITY,PROVIDING CODIFICATION,
liar Ire,Caareear hYr IMCCL 1101 Question Cuter Mho.lktbl Islet all-US.Mimi 1usa,Films 33139. AND AN EFFECTIVE DATE,7fks Ordnance is being head Duntsim to SLYfAn fill.164 of the Ciy's Land Ou ilain enF Cote.
Section 2.05 dime City Chan.aN11660ft F.S.inquiries may he selected to he Planning al 305.6731550.
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