Miami Beach Planning Board Tackles Ordinance on Pools and Adult Product Regulations

The Miami Beach Planning Board conducted a comprehensive meeting that primarily focused on two issues: the city’s landscaping ordinance concerning swimming pools as permeable surfaces and the proposal to allow limited sales of adult products in cosmetic stores. Additionally, the board reviewed several progress reports and considered various zoning and regulatory adjustments.

The most notable topic discussed was the city’s proposed ordinance relating to landscaping requirements, specifically addressing the inclusion of swimming pools in calculations for permeable surface areas. The ordinance arose from a need to align Miami Beach’s regulations with Miami-Dade County’s amended county ordinance, which mandates that municipalities ensure their codes meet new permeable area standards by December 31. The staff report underscored that while pools currently count towards these requirements, they do not function as permeable surfaces, a fact exacerbated by frequent heavy rainstorms that lead to pools overflowing and complicating stormwater management. Consequently, the ordinance seeks to exclude pools from being counted as permeable surfaces.

Public comments highlighted the potential impact of this ordinance on existing applications, particularly those concerning single-family homes on smaller lots. Concerns were voiced about the investment in architectural plans based on the current code, prompting calls for an applicability clause to protect those projects. The board deliberated the ordinance’s impact on homeowners with smaller properties, considering the possibility of adjusting the thresholds for permeable area requirements. An idea to modify the threshold for lots from 5,500 to 10,000 square feet was proposed to provide more flexibility, but concerns about non-compliance with county standards persisted. Ultimately, the board sought to ensure that any changes would align with county regulations while addressing the unique challenges faced by Miami Beach residents.

Another issue tackled during the meeting was the proposal to amend zoning ordinances to permit limited sales of adult materials in cosmetic stores. Currently, establishments classified as adult entertainment are restricted by distance separation requirements from residential districts and other sensitive areas. The draft ordinance proposed allowing cosmetic stores to allocate up to 20% of their floor area for adult materials, but the board suggested reducing this to 10% to maintain the primary focus on cosmetics. A representative from a German cosmetic technology company, EIS Inc., presented plans to open a store on Lincoln Road, emphasizing that their adult wellness products would be discreetly presented and not marketed to minors.

Board members expressed concerns about the potential for minors accessing adult products and the broader implications of the ordinance. The discussion considered the nature of the products, ensuring they were not inherently pornographic, and explored defining specific categories like personal massagers to maintain clarity in the ordinance. The board worked toward a compromise that balanced business interests with community standards, ultimately agreeing to proceed with amendments that would allow the sale of certain adult products under tightly controlled conditions.

Progress reports for several venues were reviewed, with a focus on compliance and operational improvements. Notably, the venue Bakura, formerly known as Gala, reported no complaints or violations since adding entertainment, leading to the swift conclusion of its progress report. Conversely, the report for Miami Loud Holdings LLC at 235 23rd Street revealed violations, prompting a continuation for further monitoring.

The board also addressed various ordinance amendments, including those related to the advertising of land development regulation changes and building recertification processes. A proposal to shift advertising from traditional newspapers to the county website was supported. Additionally, the board considered ordinance modifications to incentivize the conversion of non-residential spaces to residential uses and the potential for waiving variance fees for building recertifications, both of which received favorable recommendations.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Steven Meiner
Planning Board Officials:

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