2017-4137 OrdinanceART DECO / MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL
OVERLAY DISTRICT
ORDINANCE NO. 2017 -4137
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF
THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE
FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE
STORE," "FORMULA RESTAURANT," "FORMULA COMMERCIAL
ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS
DISPENSARY," "OCCULT SCIENCE ESTABLISHMENT,"
"PHARMACY," "SOUVENIR AND T -SHIRT SHOP," "TATTOO
STUDIO," "MASSAGE THERAPY CENTER," AND RELATED
DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE
III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12,
ENTITLED "ART DECO / MIMO COMMERCIAL CHARACTER
OVERLAY DISTRICT," TO PROVIDE ADDITIONAL REGULATIONS
FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE
SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF
ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning
designation of MXE Mixed Use Entertainment are located in the Ocean Drive /Collins Avenue
Historic District, as well as the Miami Beach Architectural National Register Historic District; and
WHEREAS, properties fronting Washington Avenue that have a zoning designation of
CD -2 Commercial Medium Intensity District, are located in the Flamingo Park Historic District
and the Miami Beach Architectural National Register Historic District; and
WHEREAS, Ocean Drive, Collins Avenue, and Washington Avenue are some of the
premier streets in Miami Beach and provide residents and visitors with a unique cultural, retail,
and dining experience and are vital to Miami Beach's economy, especially the tourism industry;
and
WHEREAS, properties fronting Ocean Terrace and Collins Avenue between 73rd and
75th Streets are within the Harding Townsite Historic District and the North Shore National
Register Historic District; and
WHEREAS, properties fronting Harding Avenue between 73rd and 75th Streets are within
North Shore National Register Historic District; and
WHEREAS, the City of Miami Beach has undertaken a master planning process for the
North Beach area that includes the Harding Townsite Historic District and North Shore National
Register District, in order to encourage the revitalization of the area by improving cultural, retail,
and dining experiences for residents and visitors to the area; and
WHEREAS, formula commercial establishments and formula restaurants are
establishments with multiple locations and standardized features or a recognizable appearance,
where recognition is dependent upon the repetition of the same characteristics of one store in
multiple locations; and
WHEREAS, formula commercial establishments and formula restaurants are increasing
in number along Ocean Drive and within other historic districts; and
WHEREAS, the sameness of formula commercial establishments, while providing clear
branding for retailers, counters the City's Vision Statement which includes creating "A Unique
Urban and Historic Environment "; and
WHEREAS, notwithstanding the marketability of a retailer's goods or services or the
visual attractiveness of the storefront, the standardized architecture, color schemes, decor and
signage of many formula commercial establishments detract from the distinctive character and
aesthetics of the historic districts; and
WHEREAS, the increase of formula commercial establishments hampers the unique
cultural, retail, and dining experience in commercial and mixed -use areas of the City's historic
districts; and
WHEREAS, specifically, the proliferation of formula commercial establishments may
unduly limit or eliminate business establishment opportunities for non - traditional or unique
businesses, thereby decreasing the diversity of cultural, retail, and dining services available to
residents and visitors; and
WHEREAS, the homogenizing effect of formula commercial establishments based on its
reliance on standardized branding, is greater if the size of the establishment, in number of
locations or size of use or branded elements is larger; and
WHEREAS, the increased level of homogeneity detracts from the uniqueness of the
historic districts, which thrive on a high level of interest maintained by a mix of cultural, retail,
and dining experiences that are not found elsewhere in the country; and
WHEREAS, sidewalk cafes are central to the economy of Ocean Drive and enhance the
pedestrian experience and historic and cosmopolitan character of the street; and
WHEREAS, it is not the intent of the City to limit interstate commerce, but rather to
maintain the historic character of neighborhoods and promote their unique cultural, retail, and
dining experiences that are vital to the City's economy; and
WHEREAS, it is the intent of the City that if an establishment that has multiple locations
and standardized features or a recognizable appearance seeks to locate within certain areas
affected by this ordinance that such establishment provide a distinct array of merchandise,
facade, decor, color scheme, uniform apparel, signs, logos, trademarks, and service marks; and
WHEREAS, convenience stores, pharmacy stores and eating establishments have
similar impacts as formula stores; and
WHEREAS, check cashing stores, pawnshops, souvenir and t -shirt shops, tattoo
studios, fortune tellers (occult science establishments), massage therapy center, and package
liquor stores are uses which negatively affect surrounding areas; and
WHEREAS, it is the intent of the City to limit the number of establishments which may
negatively affect surrounding areas; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified herein.
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:
Check cashing store means a business which cashes checks on a regular basis for a fee.
This definition does not include banks, which may cash checks in addition to providing other
financial services such as, but not limited to, money savings accounts, loan services, and
checking accounts.
Convenience store means a retail store with direct access from the street or sidewalk
containing less than 6,000 square feet of floor area that is designed and stocked to sell primarily
food (packaged and /or prepared), beverages, newspapers, magazines, and other household
supplies to customers who generally purchase a relatively few number of items (in contrast to a
"grocery store" or "super market "). It is designed to attract and depends upon a large turnover of
customers.
Establishment, as used in the definitions of Formula restaurant and Formula commercial
establishment, means a place of business with a specific store name or specific brand.
Establishment refers to the named store or brand and not to the owner or manager of the store
or brand. As an example, if a clothing store company owns four (4) brands under its ownership
umbrella and each branded store has 10 locations, the term "Establishment" would refer only to
those stores that have the same name or brand.
Formula restaurant means i a restaurant with 1-99 60 75 or more establishments in
operation or with approved development orders in the United States or a restaurant with more
than five (5) establishments in operation or with approved development orders in Miami Beach,
With respect to the preceding sentence, in addition to the numerical thresholds the
establishments maintain two (2) or more of the following features: a standardized (formula)
array of merchandise; a standardized facade; a standardized decor or color scheme; uniform
apparel for service providers, food, beverages or uniforms; standardized signs, logos,
trademarks or service marks. For the purpose of this definition, the following shall apply;
(1) Standardized (formula) array of merchandise or food means that 50 percent or more of
in -stock merchandise or food is from a single distributor and bears uniform markings.
(2) Trademark means any word, name, symbol, or device, or any combination thereof, used
by a person to identify and distinguish the goods of such person, including a unique
product, from those manufactured or sold by others, and to indicate the source of the
goods, even if the source is unknown. A trademark may be registered with the U.S.
Patent and Trademark Office and /or the Florida Department of State. However, an
unregistered trademark may also be protected under common law.
(3)
Service mark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the services of such person, including a
unique service, from the services of others, and to indicate the source of the services,
even if that source is unknown, Titles, character names, and other distinctive features of
radio or television programs may be registered as service marks notwithstanding that the
person or the programs may advertise the goods of the sponsor. A service mark may be
registered with the U.S. Patent and Trademark Office and /or the Florida Department of
State. However, an unregistered service mark may also be protected under common
law.
(4) Decor means the style of interior or exterior furnishings, which may include but is not
limited to, style of furniture, wall coverings or permanent fixtures.
(5)
Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means a face (usually the front) of a building, including awnings, that looks onto
a street or an open space.
(7)
Uniform food, beverages or apparel /uniforms means standardized items of clothing
including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats,
and pins (other than name tags) as well as standardized colors of clothing, food or
beverages listed on the menus of such establishments or standardized uniforms worn by
employees.
Formula commercial establishment means a commercial use, excluding office,
restaurant and hotel use, that has ten (10) or more retail sales establishments in operation or
with approved development orders in the United States of America; provided, however, for
those businesses located in a building that is two (2) stories or less with frontage on Ocean
Drive, formula commercial establishment means a commercial use, excluding office, restaurant
and hotel, which has five (5) or more other establishments in operation or with approved
development orders in Miami Beach. In addition to meeting or exceeding the numerical
thresholds in the preceding sentence, the definition of formula commercial establishment also
means an establishment that maintains two or more of the following features: a standardized
(formula) array of merchandise; a standardized facade; a standardized decor or color scheme;
uniform apparel; standardized signs, logos, trademarks or service marks. For the purpose of
this definition, the following shall apply:
(1)
Standardized (formula) array of merchandise means that 50 percent or more of in -stock
merchandise is from a single distributor and bears uniform markings.
(2) Trademark means any word, name, symbol, or device, or any combination thereof, used
by a person to identify and distinguish the goods of such person, including a unique
product, from those manufactured or sold by others, and to indicate the source of the
goods, even if the source is unknown. A trademark may be registered with the U.S.
Patent and Trademark Office and /or the Florida Department of State, However, an
unregistered trademark may also be protected under common law.
(3)
Service mark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the services of such person, including a
unique service, from the services of others, and to indicate the source of the services,
even if that source is unknown. Titles character names, and other distinctive features of
radio or television programs may be registered as service marks notwithstanding that the
person or the programs may advertise the goods of the sponsor. A service mark may be
registered with the U.S. Patent and Trademark Office and /or the Florida Department of
State. However, an unregistered service mark may also be protected under common
law.
(4) Decor means the style of interior or exterior furnishings, which may include but is not
limited to, style of furniture, wall coverings or permanent fixtures.
(5)
Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means a face (usually the front) of a building, including awnings, that looks onto
a street or an open space.
(7) Uniform apparel means standardized items of clothing including but not limited to
standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name
tags) as well as standardized colors of clothing.
Grocery store means a retail store with direct access from the street or sidewalk
containing 6,000 or more square feet of floor area that primarily sells food, including canned and
frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry.
Marijuana dispensary or Cannabis dispensary means a building, structure, or other
facility where marijuana or cannabis, inclusive of medical cannabis, and cannabis delivery
devices, are dispensed at retail.
Massa •e theca center means an establishment that offers sells or •rovides
mani•ulations of the tissues or other tactile stimulation of the human bod
arm, leg. elbow. or part of the torso, whether or not aided by any electrical or mechanical
device; and may include bathing, hydrotherapy thermal therapy, or application of chemicals,
with the hand foot
oils, lotions, or similar preparations to the human body.
* *
Occult science establishment shall mean an establishment engaged in the occupation of
a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card
reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner
claims or pretends to tell fortunes, or claims or pretends to disclose mental faculties of
individuals for any form of compensation. Nothing contained herein shall be construed to apply
to a person pretending to act as a fortune teller in a properly licensed theater as part of any
show or exhibition presented therein or as part of any play, exhibition, fair or show presented or
offered in aide of any benevolent, charitable or educational purpose.
Pharmacy store means a store with direct access from the street or sidewalk, containing
a minimum of 3,500 square feet, where medicinal drugs requiring a prescription from a qualified
medical professional are dispensed and sold and is also designed and stocked to sell health
and wellness products, food (packaged and /or prepared), beverages, newspapers, magazines,
and other household supplies to customers who generally purchase relatively few number of
items (in contrast to a "grocery store" or "super market ").
Souvenirs are items, exclusive of books, magazines or maps, which serve as a token of
remembrance of Miami Beach or any geographic areas in Florida and which bear the name of
the City or geographic areas or streets thereof or of events associated with Miami Beach or
South Florida.
Souvenir and t -shirt shop means any business with direct access from the street or
sidewalk in which the retail sale of T- shirts or souvenirs or both is conducted as a principal use
of the business, or together with some other business activity, but which constitutes the primary,
or is the major attraction to the business.
*
Supermarket. (See "Grocery store. ")
*
Tattoo studio means any establishment, place of business, or location, other than a
licensed medical facility, an office or clinic of a licensed medical professional, or a duly licensed
beauty shop or barber shop, wherein adornment of any part of the human body or head,
whether artistic, cosmetic or otherwise, is practiced through the use of needles, scalpels, or any
other instruments designed to touch, penetrate or puncture the skin for purposes of: (1) inserting,
attaching or suspending jewelry, decorations or other foreign objects; (2) producing an indelible
mark or figure on the human body or face by scarring skin or flesh; (3) producing an indelible
mark or figure on the human body or face by inserting a pigment under or upon the skin; or (4)
permanently changing the color or other appearance of the skin. This term shall not, however,
include piercing an ear with a disposable, single -use stud or solid needle that is applied using a
mechanical device to force the needle or stud through the ear.
T -shirt is any garment or article of clothing which has no collar, including, but not limited
to, T- shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended
generally to be worn on or over the chest and containing any communicative verbiage, graphics,
or images imprinted or to be imprinted on the garment or article of clothing, exclusive of a
garment manufacturer's mark or logo, exclusive of decorative words and information woven or
dyed in the fabric by the manufacturer of the fabric, exclusive of hand stitched, needle work or
embroidery, exclusive of tie -dye garments, and exclusive of hand painted or air - brushed
garments that contain no communicative verbiage, graphics or images.
Section 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," at Article
III, entitled "Overlay Districts," is hereby amended as follows:
DIVISION 12 — ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT
Sec. 142- 870.10. — Location and purpose.
f There is hereby created the Art Deco / Mimo Commercial Character Overlay District (the
"Overlay District "). The Overlay District consists of the properties in the South Beach Art
Deco Area identified in the map below in this subsection (a) and the properties identified
in the Ocean Terrace / Harding Townsite Area described in subsection (b) below. The
South Beach Art Deco Area is generally located east of the western lot lines of properties
fronting the west side of Collins Avenue between 5th Street to the south and 16th street to
the north and west of the ocean:
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generally located between Harding Avenue to the west and Ocean Terrace to the east,
between 73rd and 75th Streets:
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(c) The purpose of this Overlay District is to limit the proliferation of uses which may diminish
the character of historic commercial areas within the City. This Overlay District is
designed based on and intended to achieve the following facts and intents:
a. Properties fronting Ocean Drive and Collins Avenue that have a zoning designation
of MXE Mixed Use Entertainment are located in the Ocean Drive /Collins Avenue
Historic District, as well as the Miami. Beach Architectural National Register Historic
District;
b. Properties fronting Washington Avenue that have a zoning designation of CD -2
Commercial Medium Intensity District, are located in the Flamingo Park Historic
District and the Miami Beach Architectural National Register Historic District;
c. Ocean Drive, Collins Avenue, and Washington Avenue are some of the premier
streets in Miami Beach and provide residents and visitors with a unique cultural,
retail, and dining experience and are vital to Miami Beach's economy, especially the
tourism industry;
d. Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th Streets
are within the Harding Townsite Historic District and the North Shore National
Register Historic District;
e. Properties fronting Harding Avenue between 73rd and 75th Streets are within North
Shore National Register Historic District; and
f, The City of Miami Beach has undertaken a master planning process for the North
Beach area that includes the Harding Townsite Historic District and North Shore
National Register District, in order to encourage the revitalization of the area by
improving cultural, retail, and dining experiences for residents and visitors to the
area:
Formula commercial establishments and formula restaurants are establishments with
multiple locations and standardized features or a recognizable appearance, where
recognition is dependent upon the repetition of the same characteristics of one store
in multiple locations;
h. Formula commercial establishments and formula restaurants are increasing in
number along Ocean Drive and within other historic districts;
i. The sameness of formula commercial establishments, while providing clear branding
for retailers, counters the City's Vision Statement which includes creating "A Unique
Urban and Historic Environment ";
L Notwithstanding the marketability of a retailer's goods or services or the visual
attractiveness of the storefront, the standardized architecture, color schemes, decor
and signage of many formula commercial establishments detract from the distinctive
character and aesthetics of the historic districts; and
k. The increase of formula commercial establishments hampers the unique cultural,
retail, and dining experience in commercial and mixed -use areas of the City's historic
districts; and
I. Specifically, the proliferation of formula commercial establishments may unduly limit
or eliminate business establishment opportunities for non- traditional or unique
businesses, thereby decreasing the diversity of cultural, retail, and dining services
available to residents and visitors; and
m. The homogenizing effect of formula commercial establishments based on its reliance
on standardized branding, is greater if the size of the establishment, in number of
locations or size of use or branded elements is larger;
n. The increased level of homogeneity detracts from the uniqueness of the historic
districts, which thrive on a high level of interest maintained by a mix of cultural, retail,
and dining experiences that are not found elsewhere in the country;
o. Sidewalk cafes are central to the economy of Ocean Drive and enhance the
pedestrian experience and historic and cosmopolitan character of the street;
p It is not the intent of the City to limit interstate commerce, but rather to maintain the
historic character of neighborhoods and promote their unique cultural, retail, and
dining experiences that are vital to the City's economy;
g_ It is the intent of the City that if an establishment that has multiple locations and
standardized features or a recognizable appearance seeks to locate within certain
areas affected by this ordinance that such establishment provide a distinct array of
merchandise, facade, decor, color scheme, uniform apparel, signs, logos,
trademarks, and service marks;
r. Convenience stores, pharmacy stores and eating establishments have similar
impacts as formula stores;
s. Check cashing stores, pawnshops, souvenir and t -shirt shops, tattoo studios, fortune
tellers (occult science establishments), massage therapy center, and package liquor
stores are uses which negatively affect surrounding areas; and
t. It is the intent of the City to limit the number of establishments which may negatively
affect surrounding areas.
Sec. 142- 870.11. — Compliance with regulations.
The following regulations shall apply to the Overlay District. There shall be no variances
allowed from these regulations. All development regulations in the underlying zoning district
and any other applicable overlay regulations shall apply, except as follows:
The following limitations shall apply to the commercial uses listed below:
(1) Check cashing stores shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the
Ocean Terrace /Harding Townsite Area.
b. In areas of the Overlay District not included in subsection a. above, there shall be no
more than two (2) such establishments. Such establishments shall be located no
closer than 2,500 feet from any other such establishment.
(2) Convenience stores shall comply with the following regulations:.
a. Such establishments shall be prohibited on lots fronting Ocean Drive.
b, In the Ocean Terrace /Harding Townsite Area, there shall be a limit of one (1) such
establishment.
c. In areas of the Overlay District not included in subsection a. and b. above, there shall
be no more than five (5) such establishments. Such establishments shall be located
no closer than 2,500 feet from any other such establishment.
(3) Formula commercial establishments shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean
Terrace.
b. This subsection shall not apply to any establishments in the South Beach Art Deco
Area other than establishments fronting Ocean Drive nor to any establishment in the
Ocean Terrace /Harding Townsite Area, other than Ocean Terrace.
Formula restaurants shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean
Terrace.
b. This subsection shall not apply to any establishments in the South Beach Art Deco
Area other than establishments fronting Ocean Drive nor to any establishment in the
Ocean Terrace /Harding Townsite Area, other than Ocean Terrace.
Massage therapy centers shall not operate between 9:00 pm and 7:00 am in the Overlay
District.
Marijuana dispensaries shall be prohibited in the Overlay District.
Occult science establishments shall be prohibited in the Overlay District.
Package stores shall comply with the following regulations:
a. Such establishments shall be prohibited on lots in the South Beach Art Deco Area
with an underlying MXE zoning designation and in the Ocean Terrace /Harding
Townsite Area.
b. In areas of the Overlay District not included in subsection a. above, there shall be no
more than three (3) such establishments. Such establishments shall be located no
closer than 2,500 feet from any other such establishment.
(9) Pawnshops shall be prohibited in the Overlay District.
(10) Pharmacy stores shall comply with the following regulations:
a. Such uses shall be prohibited on lots fronting Ocean Drive.
b. In the Ocean Terrace /Harding Townsite Area, there shall be a limit of one (1) such
establishment.
c. In areas of the overlay district not included in subsection a. and b. above, there shall
be no more than five (5) such establishments. Such establishments shall be located
no closer than 2,500 feet from any other such establishment.
(11) Souvenir and t -shirt shops shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the
Ocean Terrace /Harding Townsite Area.
b. In areas of the overlay district not included in subsection a. above, there shall be
no more than five (5) such establishments. Such establishments shall be located
no closer than 2,500 feet from any other such establishment.
(12) Tattoo studios shall comply with the following regulations:
a. Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean
Terrace /Harding Townsite Area.
b. In areas of the overlay district not included in subsection a. above, there shall be
no more than three (3) such establishments. Such establishments shall be
located no closer than 2.500 feet from any other such establishment.
f Review procedures.
in Commercial establishments in the Overlay District that are not identified in section 142
870.11. (a) shall comply with the following regulations:
a. A signed affidavit indicating that they are not an establishment that is regulated by
section 142 - 870.11. (a) shall be provided to the city as part of the application for
obtaining a business tax receipt and building permit, as applicable.
b. If the establishment is found not to be in compliance with the applicable requirements
of the signed affidavit, the business tax receipt will be revoked and the establishment
shall immediately cease operation.
Commercial establishments in the Overlay District that are identified in section 142-
870.11. (a) shall comply with the following regulations:
a. If applicable, the applicant shall provide a signed and sealed survey dated not older
than six (6) months, indicating the number, location, name, business tax receipt
numbers, and separation of the applicable type of establishments within the Overlay
District. Distance separation shall be measured as a straight line between the
principal means of entrance of each establishment and the proposed establishment.
b. Establishments existing as of the date of the enactment of this ordinance shall count
towards the maximum number of such establishments permitted within section 142 -
870.11(a).
c. A signed affidavit indicating compliance with the regulations of section 142- 870.11(a)
for the applicable type of establishment shall be provided prior to obtaining a
business tax receipt.
d. If the establishment is found not to be in compliance with the applicable requirements
of the signed affidavit, the business tax receipt will be revoked and the establishment
shall immediately cease operation.
e. If a particular establishment meets more than one definition (Le., formula commercial
establishment and pharmacy store), it must meet the requirements for each use, and
if there is a conflict, the more stringent code requirement prevails.
Sec. 142- 870A2. Applicability.
Notwithstanding any provision of these regulations to the contrary, the overlay ordinance shall
not apply to real property that satisfies all of the foregoing criteria:
(1) The property fronts Ocean Drive;
(2) The property has a received an Order from the Historic Preservation Board for a
substantial rehabilitation, issued between January 1, 2017 and September 13, 2017,
provided a Full Building Permit is issued pursuant to such order within the allowable
timeframes set forth in Chapter 118 of the Land Development Regulations of the City
Code.
(3) Any property described above will become legal non - conforming and, consistent with
the City's land development regulations that address non - conformities, shall be
permitted to continue as a legal non- conforming use in accordance with the
applicable provisions of Chapter 118 of the Land Development Regulations of the
City Code.
(4) In the event the above noted Order of the Historic Preservation Board should expire
prior to the issuance of a building permit, any property described above shall
conform with all the provisions under Chapters 114 and 142 of this Code.
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 aC day of SP
ATTEST:
�a I
Rafael ado, Cit Clerk
First Reading: June 7, 2017
Second Reading: September 25, 2017
Verified by:
017
sSSS-
ROVED AS TO
M & LANGUA E
OR SCUT,
Tomas R. Moone
Planning Director
', A'CP
T :\AGENDA \2017 \9 - September \Planning\Art Deco - MiMo Overlay District Formula Commercial - SECOND Reading ORD
FINAL.docx
MIAAA
BEACH
Ordinances - R5 X
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
5 :14 p.m. Second Reading Public Hearing
SUBJECT: ART DECO /MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL
OVERLAY DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR
"CHECK CASHING STORE," "CONVENIENCE STORE," "FORMULA
RESTAURANT," "FORMULA COMMERCIAL ESTABLISHMENTS," "MARIJUANA
DISPENSARY," "CANNABIS DISPENSARY," "OCCULT SCIENCE
ESTABLISHMENT," "PHARMACY," "SOUVENIR AND T -SHIRT SHOP," "TATTOO
STUDIO," "MASSAGE THERAPY CENTER," AND RELATED DEFINITIONS;
AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," AT ARTICLE III, ENTITLED "OVERLAY
DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED "ART DECO / MIMO
COMMERCIAL CHARACTER OVERLAY DISTRICT," TO PROVIDE ADDITIONAL
REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE
SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF
ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On September 14, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred
this item to the Land Use and Development Committee (Item C4 M). On September 27, 2016, at the
request of Commissioner Ricky Arriola, the City Commission adopted a 10 -point plan that
recommends a prohibition on formula restaurants and limits on certain types of retail (Item R9B).
On September 21, 2016, the Land Use and Development Committee continued the item to the
October 26, 2016 meeting. On October 26, 2016, the item was continued to a date certain of
November 16, 2016, at the request of the sponsor. On November 16, 2016 the Land Use Committee
discussed the item and recommended that the City Commission refer the attached ordinance to the
Planning Board for consideration with the following modifications, which are included in the attached
ordinance:
Page 1141 of 2353
1. The area adjacent to Washington Avenue was removed from the South Beach overlay area;
2. The definition of Formula Restaurant was modified slightly and now consists of no more than five
(5) establishments in operation or with approved development orders in Miami Beach, as opposed to
the previous benchmark of two (2) establishments;
3. The following subsection was deleted from the definition of Formula Restaurant:
"or (ii) a restaurant where at least some food or beverage orders are communicated by a customer to
an employee over a counter or similar projection and the food or beverage that is ordered is provided
to the customer at or over the counter or similar projection."
On December 14, 2016, the City Commission referred the attached ordinance to the Planning Board
for consideration (Item C4 I).
PLANNING ANALYSIS
The commercial areas of Miami Beach's historic districts are world renown for providing unique
experiences to residents and visitors. These include over a century of evolving, highly significant
styles of architecture (including Art Deco and Post -War Modern /MiMo) that are unique to the area,
dining experiences and styles of food that are difficult to experience outside of South Florida.
Additionally, the retail industry provides goods and services unique to the region. Collectively, this
highly unique mixture of architecture, food & dining and specialized retail have fostered and
maintained a brand unique to Miami Beach. In turn, this unique brand reintroduced a strong tourism
industry in Miami Beach, which is the City's primary economic engine.
However, in recent years, the character of these areas has been changing with an influx of
businesses that are common to many suburban areas of the country. These businesses include
chain (formula) restaurants, chain (formula) retail, check cashing stores, convenience stores, and
pharmacy stores. These types of establishments have multiple locations throughout the country, as
well as standardized identities, logos, color schemes, uniforms, and merchandise.
The proliferation of such establishments limit, and in some cases eliminate, opportunities for the
unique business that have traditionally been part of the fabric of the historic commercial districts. This
has had a homogenizing effect of on the commercial areas, and has resulted in a decrease in the
diversity of cultural, retail, and dining services unique to the Miami Beach brand.
Over the last four decades, the City's historic districts have thrived on a careful balance of cultural,
retail, and dining experiences that are not found elsewhere in the country. The increased level of
homogeneity has detracted from the uniqueness of the City's brand. Over the longer term, this could
have a negative effect on the City's economy, since visitors will encounter similar businesses to those
that they see in their home cities, and less of the City's brand.
Additionally, certain nuisance uses such as pawnshops, souvenir and t -shirt shops, tattoo studios,
fortune tellers (occult science establishments), and package liquor stores have also affected the
character of the City's historic districts in a negative way, as they detract from the experience that
tourists and residents are seeking. Medical marijuana dispensaries have recently been permitted in
the State of Florida, and these may have a similar impact as the aforementioned uses.
Ocean Drive is of particular concern, due to its importance to the City's tourism industry, as well as
its unique architecture, sidewalk cafes, and beachfront location. Due to the location, exposure and
successful branding, the homogenizing uses have become highly attractive for property owners; a
number of such uses have already opened on Ocean Drive, with more seeking to open. In order to
address this concern, the proposed Overlay District prohibits the previously described uses from
Page 1142 of 2353
opening on properties that front Ocean Drive within the district boundaries.
THE PROPOSAL
The proposed Ordinance would establish the "Art Deco — MiMo Commercial Character Overlay
District." The Overlay would generally cover areas of South Beach fronting Ocean Drive and Collins
Avenue between 5th Street and 16th Street. Additionally, the areas of North Beach fronting Ocean
Terrace, Collins Avenue, and Harding Avenue between 73rd Street and 75th Street are also
included.
The following is a summary of the revised provisions included in the ordinance:
• Check Cashing Stores: Such establishments shall be prohibited on lots fronting Ocean Drive and in
the Ocean Terrace /Harding Townsite Area. In the remaining areas of the Overlay District, there shall
be no more than two such establishments. Such establishments shall be located no closer than 2,500
feet from any other such establishment.
• Convenience Stores: Such establishments shall be prohibited on lots fronting Ocean Drive, and in
the Ocean Terrace /Harding Townsite Area, there shall be a limit of one (1) such establishment. In the
remaining areas of the Overlay District there shall be no more than fivesuch establishments. Such
establishments shall be located no closer than 2,500 feet from any other such establishment.
• Formula Commercial: Such establishments shall be prohibited on lots fronting Ocean Drive and
Ocean Terrace.
• Formula Restaurants: Such establishments shall be prohibited on lots fronting Ocean Drive or
Ocean Terrace.
• Marijuana dispensaries: Prohibited in all areas.
• Occult Science Establishments: Prohibited in the overlay district.
• Package liquor stores: Such establishments shall be prohibited on lots in the South Beach Art Deco
Area with an underlying MXE zoning designation and in the Ocean Terrace /Harding Townsite Area.
In the remaining areas of the Overlay District there shall be no more than three such establishments.
Such establishments shall be located no closer than 2,500 feet from any other such establishment.
• Pawnshops: Prohibited in all areas.
• Pharmacy stores: Such uses shall be prohibited on lots fronting Ocean Drive. In the Ocean
Terrace /Harding Townsite Area, there shall be a limit of one (1) such establishment. In the remaining
areas of the Overlay District, there shall be no more than five (5) such establishments. Such
establishments shall be located no closer than 2,500 feet from any other such establishment.
• Souvenir and t -shirt shops: Such establishments shall be prohibited on lots fronting Ocean Drive
and in the Ocean Terrace /Harding Townsite Area. In the remaining areas of the Overlay District
there shall be no more than five (5) such establishments. Such establishments shall be located no
closer than 2,500 feet from any other such establishment.
• Tattoo studios: Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean
Terrace /Harding Townsite Area. In the remaining areas of the Overlay District there shall be no more
than three (3) such establishments.
Page 1143 of 2353
Additionally, the Overlay would prohibit variances of these regulations. It also establishes minimum
submittal requirements to allow City staff to ensure compliance with these regulations.
PLANNING BOARD REVIEW
On January 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission, with a favorable recommendation. The Planning Board also recommended that the
City Commission consider the following modifications to the ordinance:
1) Prohibit Massage Parlors that operate at night within the overlay.
2) Modify the definition of Convenience store to remove hours of operation and the term "prepared
foods ".
3) Increase the number of establishments required for formula restaurants from 100 to 400
establishments.
4) Modify the criteria for formula retail establishments to only prohibit establishments with five or more
locations within Miami Beach.
For notice purposes, the attached draft of the ordinance for first reading includes the
recommendation pertaining to massage parlors (massage therapy centers), as this required a change
to the title, as well as the minor text changes affecting the definition of convenience stores. If the City
Commission decides not to move forward with these particular recommendations, the ordinance can
be modified for second reading by removing them.
SUMMARY 1 UPDATE
On March 1, 2017, the item was opened and continued to a date certain of March 22, 2017. On March 22, 2017, the
Ordinance was opened and continued to a date certain of April 26, 2017. The Commission also requested the
following be provided:
1. A distance separation for Tattoo Studios so that such establishments shall be located no closer than 2,500 feet
from any other such establishment.
2. The preparation of a market / economic analysis study pertaining to the formula retail and restaurant portion of
the legislation, Such study will take into account whether there are any threshold differences between Ocean
Drive and Ocean Terrace. Based upon the results of the market / economic study, additional discussion and
refinement of the number of formula retail establishments should be considered.
The distance separation requirement for Tattoo Studios has been incorporated into the revised draft of the
ordinance. On April 26, 2017, the subject ordinance was continued to a date certain of May 17, 2017. On May 17,
2017, the item was opened and continued to a date certain of June 7, 2017.
On June 7, 2017, the subject Ordinance was approved at First Reading. The City hired Mr. Andy Dolkart to prepare
an economic / market analysis; attached is the final report. In summary, the consultant concluded the following:
• A review of many other formula restaurant ordinances indicates that the proposed ordinance would be the least
burdensome, as most limit formula restaurants to 15 or fewer establishments.
• There are 40 eating and drinking establishments in the subject area.
0 Only three would qualify as a formula restaurant pursuant to the proposed ordinance due to the number
of establishments they have throughout the country. Six establishments are chains but would not qualify
as a formula establishment pursuant to the proposed ordinance.
• Few restaurants currently operating on Ocean Drive are chain- affiliated due to existing design and historic
preservation requirements and guidelines, as well as other aesthetic limitations, including the Secretary of
Interior Standards.
Page 1144 of 2353
• Chain restaurants generally choose to locate in single -user buildings or shopping centers that provide easy
automobile access and self -serve parking.
• An analysis of 339 chain restaurants operating in the United States indicates the following:
0 185 brands operate fast food restaurants and /or pizza shops and would likely not want locate on Ocean
Drive due to their preference for being located in buildings with easy automobile access, self -serve
parking, or drive- thrus.
0 164 brands fall into a variety of categories in terms of cuisine and ambiance.
• 84 have less than 100 establishments and could be located on Ocean Drive.
• 60 of these have more than 100 establishments and would have to make modifications pursuant
to the ordinance to operate on Ocean Drive.
• The ordinance provides criteria for such establishments to make modifications that would allow them to locate
in the affected area.
• The proposed ordinance will not make it impossible to fill vacant spaces and its adoption will not adversely
impact the City of Miami Beach to any significant degree in terms of loss of jobs or fiscally in terms of loss of
ad valorem tax revenue.
On June 28, 2017 the City Commission considered the ordinance at Second Reading and continued the item to a
date certain of July 26, 2017. At the June 28, 2017 meeting, minor scriveners discrepancies were noted; these have
been corrected in the ordinance version pending before the Commission at Second reading.
The City Commission also referred the item to the Historic Preservation Board for input and discussion. On July 11,
2017 the Historic Preservation Board discussed the proposed ordinance and recommended that no more than 50
establishments be located within the U.S., but would prefer it be limited to 1, and supported placemaking and
protecting the unique identity of Ocean Drive.
On July 26, 2017 Second Reading of the Ordinance was continued to a date certain of September 13, 2017. At the
request of the item sponsor, the following revisions have been incorporated into the Ordinance:
1. The definition of Formula restaurant has been modified slightly and now consists of 50 or more establishments in
operation in the United States. Previously the number of establishments was 100.
2. The following 'Applicability' Section has been added:
Sec. 142-870.12. Applicability.
Notwithstanding any provision of these regulations to the contrary, the formula retail and formula
restaurant provisions of this overlay ordinance shall not apply to real property that satisfies all of the
foregoing criteria:
(1) The property fronts Ocean Drive;
(2) The property has a received an Order from the Historic Preservation Board for a
substantial rehabilitation, issued between January 1, 2017 and September 13, 2017,
provided a Full Building Permit is issued pursuant to such order within the allowable
timeframes set forth in Chapter 118 of the Land Development Regulations of the City
Code.
(3) Any property described above shall be deemed legal non - conforming and, consistent
with the City's land development regulations that address non - conformities, shall be
permitted to continue as a legal non - conforming use in accordance with the applicable
provisions of Chapter 118 of the Land Development Regulations of the City Code.
Notwithstanding the foregoing, such properties may have a change in tenant that consists
of formula retail or formula restaurants provided that such properties are not abandoned
for more than six (6) months, as specified in the applicable provisions of Chapter 118 of
the Land Development Regulations of the City Code, and at which time a new tenant
Page 1145 of 2353
must fully comply with the Code.
(4) In the event the above noted Order of the Historic Preservation Board should expire
prior to the issuance of a building permit, any property described above shall conform with
all the provisions under Chapters 114 and 142 of this Code.
All other prohibited and restricted uses contained in the overlay shall apply.
The Second Reading Ordinance has been revised to include these modifications.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
12 Dolkart Final Report
o Dolkart - Appendices
o Updated Study from A. Dolkart
o Form Approved Ordinance - Revised 2nd Reading
o Ad
Page 1146 of 2353
June 21, 2017
Mr, Thomas R. Mooney, AICP
Planning Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Subject: Proposed Ordinance re: Formula Restaurants
Dear Mr, Mooney
At the request of your office, Miami Economic Associates, Inc, (MEAD has reviewed a
proposed ordinance that would limit the ability of "formula restaurants" to locate in the Art
Deco District along Ocean Drive between 5th and 15ill Streets and in the Ocean
Terrace/Harding Townsite Area along Ocean Terrace, which extends from 73rd Street to
75th Street, 'The purpose of our review was to evaluate whether adoption of the proposed
ordinance would place an unfair burden on the owners of properties in identified
locations and/or adversely impact the City of IVIiami Beach economically or fiscally.
The purpose of this letter, which is organized as shown below, is to provide you with the
conclusion of the analysis we performed,
Section
Definition of a Formula Restaurant
Definition of a Formula Restaurant
The proposed ordinance defines the term "formula restaurant" as a restaurant with 100
or more estublihatents in operation or with approved development orders in the United
States or a restaurant with more that.) five (5) establishments in operation or with
approved development orders M Miami Beach, In addition to the numerical thresholds,
the restaurant must also maintain two (2) or more of the following features: a
standardized (formula) array of merchandise; a standardized facade, a standardized
decor or color schenie; uniform apparel for service providers, food, beverages or
Liniforms; standardized signs, logos, trademarks or service marks, 1/Vith respect to these
features, the ordinance contains the following language:
(1) Standardized (formula) array of merchandise or food means that 50 percent or
6881 8411. 8901Terreee Wawa, Florida 33188
Tel:13 6694229 Fax (866) 4864107 groan: anealnkObellsouth.net
Page 1147 of 2353
Mr Thomas R, Mooney, AICF
Planning Director
City of Miami Beach
June 21, 2017
Page 2
more of in-stock merchandise or food is from a sngIe distributor and bears
uniform markings.
(2) Trademark means any word, name, symbol, or device, or any combination
thereof, used by a person to identify and distinguish the goods of such person,
including a unique product, from those manufactured or sold by others, and to
indicate the source of the goods, even if the source is unknown. A trademark
may be registered with the U.S. Patent and Trademark Office and/or the Florida
Department of State. However, an unregistered trademark may also be protected
under common law,
(3) -Service mark means any word, name, symbol, or device, or any combination
thereof, used by a person to identify and distinguish the services of such person,
including a unique service, from the services of others, and to indicate the source
of the services, even if that source is unknown, Titles, character names, and
other distinctive features of radio or television programs may be registered as
service marks notwithstanding that the person or the programs may advertise the
goods of the sponsor. A service mark may be registered with the U,S, Patent and
Trademark Office and/or the Florida Department of State, However, an
unregistered service mark may also be protected under common law.
(4) Decor means the style of interior or exterior furnishings, which may include but is
not limited to, style of furniture, wall coverings or permanent fixtures,
(5) Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade,
(6) Facade means a face (usually the front) of a building, including awnings, that
looks onto a street or an open space,
(7) Unifomi food, beverages or apparel/uniforms means standardized items of
clothing including but not limited to standardized aprons, pants, shirts, smocks or
dresses, hats, and pins (other than name tags) as well as standardized colors of
clothing, food or beverages listed on the menus of such establishments or
standardized uniforms worn by employees.
With respect to the above definition of formula restaurant, it is important to note that a
chain with more than 100 establishments would be able to locate on Ocean Drive
between 5th and 15th Streets or Ocean Terrace if it modified its operations with respect to
any six of the seven features enumerated above,
they Findings
Based on MEAI's analysis of the proposed ordinance, we do not believe that the
limitation it places on the ability of formula restaurants to locate along Ocean Drive
between 5th and 15th Street or Ocean Terrace will unfairly burden the property owners in
Miami Economic Associates) Inc. 6861 S.W. 89" Terrace Miami) Florida 33156
Tel:
(305) 6694229 Fax: (886) 4964107 Email: meainkabellsouthmet
Page 1148 of 2353
Mr, Thomas R. Mooney, AJCP
Planning Director
City of Miami Beach
June 21, 2017
Page 3
those locations and/or adversely impact the City of Miami Beach economically or is ally,
This conclusion is based on the following findings:
During the course of its research, MEAI identified 15 municipalities that have enacted
ordinances limiting the ability of formula commercial establishments and/or
restaurant to locate within them for the purpose of maintaining their distinctive
character. As shown in Appendix 1, all of those municipalities set the numerical
threshold of establishments for defining a formula commercial establishment or
restaurant at 15 or fewer. The two municipalities in Florida, Sanibel and the Town of
Palm Beach, set the numerical threshold for defining a formula restaurant at three
establishments nationwide, According, the numerical threshold of 100
establishments nationwide in the proposed ordinance is hardly stringent by
comparison,
Based on a physical inspection of the properties along Ocean Drive between 5' and
15th Streets and along Ocean Terrace as well as a virtual tour of them utilizing
Googie Earth, MEAI identified a total of 40 operating eating and drinking
establishments and one closed facility. Of the establishments identified, all but three
are on Ocean Drive with the overwhelming preponderance of them located in hotel or
condominium hotel properties that in most cases are considered by the City's
Historic Preservation Board to "contribute' to the historic character of the Art Deco
District, Ali three establishments on Ocean Terrace are housed in structures of
similar type, Of the 40 operating eating and drinking establishments MEAI identified,
only three are formula restaurants es defined in the proposed ordinance, Included in
this number are the TGIF Fridays located in Bentley condominium hotel located at
500 Ocean Drive, the Ben & Jerry's located at 760 Ocean Drive and the Pinkberry in
the Victor Hotel at 1144 Ocean Drive, Six other establishments, which are listed
immediately below, are parts of chains but in each case the chain of which it is part
has fewer than 100 units.
o Wet Willies, 760 Ocean Drive (1 of 17 establishments)
o Sushi Slam, 804 Ocean Drive (1 of 8 establishments)
o Fat Tuesdays, 918 Ocean Drive (1 of 50 establishments)
o Sugar Factory, 1144 Ocean Drive (1 of 13 establishments)
o Havana 1957. 1410 Ocean Drive (1 of 5 establishments)
o Madero, 1412 Ocean Drive (1 of 65 establishments')
MEAI believes that the fact that less than 25 percent of restaurants currently
operating on Ocean Drive between 5th and 15th Streets and on Ocean Terrace are
chain-affiliated is in substantial part, if not totally, a function of the following factors:
Madero is a South American-based company with 65 total establishments, the preponderance of them
outside the United States. In fact, the establishment on Ocean Drive was the only one that MEAI identified in
the United States,
Miami Economic Associates) inc. 6861 9-.M 89th Terrace ifillaritit Florida 33156
Tel: (305) 669.0229 Fax (866) 49643107 Email: mealriKbellsouth.net
Page 1149 of 2353
Mr, Thomas R. Mooney, AICP
Planning Director
City of Miami Beach
June 21, 2017
Page 4
0 The overwhelming preponderance of the restaurant spaces in the
enumerated areas either rely entirely on outdoor setting or a mixture of both
outdoor and indoor seating with the quantity of the latter generally relatively
small. However, most chain-affiliated restaurants operate in portions of the
United States where they cannot rely on outdoor seating on a year around
basis and have modi operandi that require more indoor seating than most of
the properties in which the Ocean Drive and Ocean Terrace restaurants
operate can provide.
0 The portion of Ocean Drive between 5th and 15th Street and Ocean Terrace
are located in historic preservation districts, As a result, modifications to the
buildings in those areas to accommodate formula restaurants would be
governed by the provisions of City code section 142-$46, which states in part
that if it the building is a historic structure, plans to renovate ”shall
substantially comply with the Secretary of the Interior Standards and
Guidelines for Rehabilitating Historic Structures, U.S. Department of the
Interior (revised 1983), as amended”, That same language is found in Code
Section 142-904, which discusses accessory uses in hotels and apartment
buildings, which is the category of use that applies to the preponderance of
the restaurants along Ocean Drive between 5th and 159' Street and Ocean
Terrace. It is also found in Code Section 118-564, which discusses the
manner in which requests for certificates of appropriateness for alterations to
buildings should be evaluated. Section 118-564 further states that In
determining whether a particular application is compatible with surrounding
properties, the historic preservation board shall consider the following:
a. Exterior architectural features.
b, General design, scale, massing and arrangement.
c. Texture and material and color.
d. The relationship of subsections a., b., c,, above, to other structures
and features of the district,
e, The purpose for which the district was created.
f. The relationship of the size, design and siting of any new or
reconstructed structure to the landscape of the district.
A historic resource report, containing all available data and historic
documentation regarding the building, site or feature,
The original architectural design or any subsequent modifications that
have acquired significance.
In summary, MEAI believes it is probable that many operators of chain-
affiliated restaurants historically decided --- and likely will frequently do so in
the future --- that their prospects for success in gaining approval to make the
alterations necessary to locate an establishment in a building along the
Miami Economic Associalos, Inc. 6861 LW. 39th Terrace Nliatn4 Florida 33156
T (305) 669.0229 Eton (866) 496.6107 Email: meaink@bellsouth.nat
Page 1150 of 2353
Mr. Thomas R. Mooney, AICP
Planning Director
City of Miami Beach
June 21, 2017
Page 5
relevant portion of Ocean Drive or Ocean Terrace would not be strong and/or
that too much time and/or money would be required to gain such approval.
Given the issues discussed in the preceding paragraphs, MEAI finds it doubtful that
there will be stampede by formula restaurant chains to locate along Ocean Drive
between 5th and 15th Street or Ocean Terrace, However, the proposed ordinance
would provide additional assurance that that does not occur,
As part of MEArs evaluation of the proposed ordinance, MEAI reviewed restaurant
industry publications and websites to determine whether it would make it difficult for
the owners of properties along Ocean Drive between 5th and 15th Streets and Ocean
Terrace to secure new tenants if one of their current tenants vacates or if they decide
not to renew the leases of current tenants. Our research identified a total of 348
brands operating chains of restaurants in the United States for which we could obtain
accurate information on their number of establishments, That number does not
include the nine chains already operating on the relevant portion of Ocean Drive or
Ocean Terrace, Of the brands identified, 185 operate fast food restaurants arid/or
pizza shops that primarily provide take out and/or delivery service, A roster of these
185 brands can be found in Appendix 2,
The 185 brands enumerated in Appendix 2 typically seek locations that provide for
excellent automobile access. Further, they generally occupy either single-user
buildings or space in shopping centers with self-serve surface parking, Given these
attributes, MEAI does not believe that they, regardless of their number of
establishments, would seek to locate along Ocean Drive between 5th and 15th Street
or along Ocean Terrace other than on an exceptional basis even if the proposed
ordinance is not adopted.
The remaining 163 brands, which are identified in Appendix 3, generally provide
table service, Review of Appendix 3 will show that these 163 brands fall into a variety
of categories in terms of cuisine and/or ambience, Further, a portion of them,
numbering 56 in total, are part of chains that are comprised of 100 establishments or
more, hence formula restaurants as that term is defined in the proposed ordinance,
The remaining 107 brands operate chains comprised of fewer than 100
establishments and could in the future occupy space on Ocean Drive between 5th
arid 15th Street or on Ocean Terrace if it should become available and is physically
able to accommodate them in terms of indoor seating capacity, among other criteria.
With respect to brands that would not be preclude from operating on Ocean Drive
between 5th and 15th Street or Ocean Terrace, their distribution In terms of number of
establishments is as follows:
O 39 brands have 15 or fewer establishments
o 17 brands have between 16 and 15 establishments
o 27 brands have between 26 and 50 establishments
o 24 brands have between 51 and 100 establishments
Miami Economic Associates, loc. 6861 S.W. 89th Terrace Mimi, Florida 33156
Tel: (305) 669-0229 Fax: (866) 496-6107 Email: meainkabollsouthmet
Page 1151 of 2353
Mr, Thomas R. Mooney, AICP
Planning Director
City of Miami Beach
June 21, 2017
Page 6
MEAI recognizes that a detailed review of Appendix 3 will show that some of the
brands that would not be precluded by the proposed ordinance have historically
limited their operations to geographic regions of the United States that do not include
Florida or the nearby southeast. We also acknowledge that adoption of the proposed
ordinance would preclude some well-recognized brands that do operate in Florida or
the nearby southeast from occupying space on Ocean Drive between 5' and 15th
Street or Ocean Terrace, Included among this fatter group would, for example, be
Ruth's Chris, Bonefish Grill, Brio Tuscan Grill, Olive Garden, P.F. Chang's,
Cheesecake Factory, Applebee's and Hard Rock Cafe. In these regards, we wish to
make the following points:
0
The fact that certain brands have historically not operated in Florida should
not be minimized; however, MEAT believes it is plausible to think that some of
those brands, particular those whose bases of operations include the areas
from which South Beach tourists most frequently originate, might consider
establishing a unit there to continue to serve their customers while they are
on vacation and/or to get new levels of exposure. Further, others, attracted by
the "South Beach buzz" and its high tourism counts might decide to enter a
new territory.
As discussed above, it will likely be difficult to accommodate establishments
that typically operate on the scale of the precluded brands specifically named
above in the restaurant spaces in the hotel and condominium hotel buildings
that exist along the relevant section of Ocean Drive or on Ocean Terrace,
However, if a space of appropriate size did become available, the owner of
the subject property would have a number attractive alternatives among that
brands that are not precluded by the proposed ordinance, Illustratively, those
alternatives would might include Capital Grill, Morton's or Flemings among
steak restaurants, McCormick & Schmicks, Legal Seafoods or Mitchell's
among seafood restaurants, Maggiano's, Old Spaghetti Factory or Buca di
Beppo among Italian restaurants, Houston's/Hilistone or J Alexanders among
casual dining restaurants and Rainforest Cafe, Planet Hollywood or Jimmy
Buffett's Margaritaville among themed restaurants. Further, as Appendix 3
shows, there are others beside those named that also could be secured,
Based on the preceding, MEAT does not believe that the proposed ordinance will place
an unfair burden on the owners of properties along Ocean Drive between 6th and 16Th
Street and Ocean Terrace to fill restaurant spaces that become vacant with chain-
affiliated establishments as opposed independent operators if that is what they seek to
do and their properties can accommodate such users, Contributing to this conclusion is
the fact that at any given time, the amount of vacant space available is likely to be
extremely limited>
Further, since the proposed ordinance will not make it impossible to fill vacant spaces,
its adoption should not adversely impact the City of Miami Beach to any significant
degree either economically in terms of loss of jobs or fiscally in terms of Toss of ad
Miami Economic Ansonia( eel Inc. 6861 S.W. 89Th Terrace Miami, Florida 33186
Tel: (308) 669-0229 Fl xl (866) 49646101 m&b mealnkebellsouth.net
Page 1152 of 2353
Mr, Thomas R. Mooney, AICP
Planning Director
City of Miami Beach
June 21, 2017
Page 7
valorem tax revenues. Whether there will be an adverse impact on the tax revenues that
the City collects an the sale of food and alcoholic beverages will be dependent on the,
whether the new tenant's revenues are less than the taxable revenues of the prior
occupant of the space. However, that would be also be true if the proposed ordinance is
not adopted. Further, that would be true regardless of whether the new tenant is chain-
affiliated or an independent operator.
Closing
MEN has appreciated having the opportunity to be of assistance to the City of Miami
Beach, We are prepared to discuss the contents of this letter with you and other
members of the City's professional staff and of course, with the Mayor and City
Commissioners and their staffs. We are also prepared to testify with respect to our
findings at City Commission proceedings regarding the proposed ordinance,
Sincerely,
Miami Economic Associates, Inc.
Andrew Dolkart
President
Miami Economic Associates, Inc. 6861 S.W. 89th Terrace Miami, Florida 33106
Tali (306) 669.0229 Fax (866) 4964107 Email: ineainkabellsouthmet
Page 1153 of 2353
Appendix
Page 1154 of 2353
Appendix 1
Numerical Threshold
Municipalities with Formula Establishment Ordinances
durisdiCtron
1 Numerical Threshold
Palm Beach, FL 3 or more establishments
._. _
Sanibel , FL or more establishments
MalibujSA J 10 or more establishments
SanFrancisceLCA _ 3 or more establishments _ 1
_
Coronado, CA , 15 or more establishments
Ojel„ CA - ' - - 10 or more establishments
Cells-Cop, CA
San Juan Batista, CA
Solvt?g.„LC)",
C
armel
C, A
__
Pacific Grove
Sausalito CA
Bristol, RI 5 or more estbalishments
Fredericksburg, TX 10 or more establishments
York, ME
Any bliiness that has anything similar anywhere requires a special permit.
Bars all formula retail stores and restaurants and all stores aver 5,000 SF,
****Any establishment substantially identical to another restaurant regardless of ownership or location.
Any establishment with standardized menus, ingredients, food preparation, employee uniforms, interior decor,
signgo or exterior design.
""" Any type of retail activity, Including food service, which is required to maintain any of the following standardized
('formula') array of services or merchandise, trademark, logo, service mark, symbol, sign, decor, architecture, layout,
uniform, or similar standardized feature.
'am
***
5 or more establishments
****
*****
4
Source: Individual jurisdictions; City of Miami Beach Planning Department; Miami Economic Associates, Inc.
Page 1155 of 2353
Appendix 2
Page 1156 of 2353
Chick-A-Fil
Wendys
Dairy Queen
.,,Subway
Five Guys _ _
KFC
Taco Bell
Burger King_
McDonald's
Arby's _
Chipotte
Sonic
Popeye's
Cold Stone Creamery_
In-N-Out Burger Shoneys
_
Dunkin' Donuts
Auntie Anne's Church's
Jimmy_s_ Johns Blimpie
Papa Johns Baja Fresh _
A & W Del Taco
Cinnabon
White Castle
KrisKreine
Little Caesar's
Waffle House
Tim Horton's_
Cad's Jr
_
Jack in the Box _
Hardee's
ll
Appendix 2
Fast Food Restaurants Chains
JerseMtkes _
Godfathers Pizza
.■■■■■,
El Polio Loco
Bo'an
Sbarro
Fazoli's
Papa Murphy's Take N Bake
Pizza
Jason's Deli
Krystal _ _
Wingstop_
MoAlisters Deli
AN, n
Taco Johns
Starbuck's
Saattlas Best Coffee
Checkers/Rally_
Golden Chick
Dickals Barbecue Pit
Backyard Burgers
Charlie's Grilled Subs
RP,Y Ro-gefs, —
Shake Shack
Baskin-Robbins
Penn Station
Hungry „
Fatburger
Skyline Chili „
,Gheeburger_piee_burger___
Au Bon Pain
Noodles & Company _ 92tpjtip's
Quizno's
CUIVer$
Pitgba
Wienerschnitzel
_
Boston Market
Checkers
L2 John Silver's
Firehouse Subs
Atlanta Bread Cambany____
Nathan's Hot Dogs_
Freebirds World Burrito
Rttblio's Fresh Mexicanprili
L&L Hawaiian Barbecue
Gino's Pizza & Spaghetti
Cosi
Eat n Park
TacoBueno
Da phrte_'s Greek Gate
El Chico
„
Surgery!!! _
Shane's Rib Shack
Jerry's Subs & Pizza _
Donates Pizza
Huddle House
Saladworks
fobY
Potbell Sandwich Works'.
wn. ew
Which Wich?_
Breugger s
$ ing Cain Chicken Fingers
Braum's
Round Table Pizza
Pizza Ranch
PortiIIoa
Rax Roast Beef
Bmashburiger
Green Burrito
tain D's
Le Madeleine
Taco Cabana
Zoes Kitchen
Page 1157 of 2353
Chicken Express
CotTlef eakefy_Cafe
rwenson's
Mazzios
East of Chicago Pizza_ _
Valentines
Polio p_atripero
Freddy's_
Sttwart's
Farmer Bays
Panda Express
Taco del Mar
TacpMayo _
Taco Time
Chicken Out Rotisserie
Hobee's
Rick
Wimpy_
Port of Subs
Pizza Inn
Primanti 6rothers
Hurricane Grjjj& Wings
Pa .a Gino's _
Naug_les
Sneaky Pete
Robek's
_Camille's Sidewalk Cafe
Jack's
Runza
urf street _
Moo's Hamburger's
Erbert & Gelbert's
Taki's
Pretzelmaker
ions of Japan _,
Tokyo Tokyo
eeto Burrito
bee
Pizza Pan
Sar ino' w .w
nkou chicken
ctic Cycle_ ....�.._
panera
Chinese, Gourmet Express
Source: Various industry publicati
Mrs Winners
Einstein Brothers »., ,.... »,
arku
Torohy; Tacos
Taco Iac
Mooyah
Pizza Patron
Hero
Vapiano
Gold Star Chili
Tacodefi
Arthur Treacher' Fish & Chips
American Incred ble i a o.
Panda Inn
L. Beers M.. ».�
California, Tortilla
Chronic Tacos_ .. _
Sub Station 11
Rumbi
Qarir?tti's
Garbanzo Medi terranoan
Grill
Cho kin
u edo
Jjrnboy's a ps
Polio Tr ,1 _.
Chicken Ex rss _ _
nd websit s; Miami Economic As ociate , Inc..
Amf r fassic i,p
Blake's .otaburr _
Qdoba
Cafe de Coral
Page 1158 of 2353
Appendix
Page 1159 of 2353
Appendix 3
Table Dining Restaurants
Bop-rade Restaurant chains (Number) **7Tother Restaurant Chains (Nuryiber "4--
Steak
L_
_
Outback Steakhouse(900)
__ _
LongHorn Steakhouse (37g
RuthisGhris Stealsjacuse (130±)_,
_,gz,zier7ff,
Logaq's Roadhouse (135
Texas Roadhouse (400)
Seafood
iRed Lobster.CDS) _
tdonefish Grill (216) _
doe'sgrap ShaoK(136)_
Italian
Olive Garden (844)_
Carrebba's Italian qrili (247)__
jr 1E206
pricfissan
Lone Star Steakhouse
BlecitAn us Steakhouse (46)
Pondemsa/ponanza Steakhouse(
q:9,20) Grille /68
Mastro's(1,6) ___
-Morton'S (67)
_ Saitgress Steakhouse OS)
Charlie Steakhousefl4`i _
Fleming:A (66)
Montana Mike's 3
Shula's(_15
Stoney River (8)
Bubb a Gump_ShrimoCompany_M___
_1„.„ai's Seafood
House (18)
Muer's Seafood Restaurants****
artouse (25) _
McCormick & Schinick:e16(1
Oceanaire (12
gel_Seafeoci (34)
Aritjeafood
Mitchell's PiiiiMarkeL(1p)
F3, izz4
California Pizza Kitchen (2ag)
,
CICLd _
(yip Ctaicago Grill(150+)
Pizza Hut(5,000+)
Mellow Mushroom 50
Gist 8 a fretti Fy 142) _
I_ VARa Ono's_ Lithe ltely/49)___
Puca diP92,Po. (92)
Bravo Cucina Itallana C-
agt-letti Warehouse (101 _
Grimaidji(61)
,
catintys Italian (84)___
„ 4
0 0
Bertucoys_(82)
Anthony's Coal-fired (68)
44444444■4444444.,
The Original Italian Piell6
Monical's Pizza (60)
Hays (4),
Snakey'sPizza (60)
Page 1160 of 2353
lexicar
On th_order Mextpar 166+
Tijuana Flats _009) .,,. r_
Asian
P.F, han ' {204)
enihana (116)
Pei We Asian Diner ...... .
i : r , Ribs _ ec e . ,
'sous Dave(70)
Cheddar's Scratch Kitchen
Sonn arbecue(11 ),..
'$ ...
_chicken in the lough )
Senor o v...
Chevys Fresh Mex (jM
e adillac Me)dcan Kitchen/Tequila Bar (21_
Gras Capinos _).n .
El Torito (6)
Carlos `n Charlie's (2)
Tumbleweed' Tex Mex Grill 19)
pixie hili_L3)
Paradiso
Auel'Mexican ltaurants4 . .
Pprto's Cantina )....M
Chuy's (9
Lllie's Pan Asian Cuisine (4)
Iongolra i TGrlll 70
w ,...._ `..(21) ,,....,.
PA Sushi (........_
Stt ,pnee Steakhouse
yr Crazy O;
a rdt ymfr ert ! . ... _
71:10P,(1,650) .
Red Robin c6g
Chili's$)
cker Barrel
k n' Shake
Fuddrucke
Golden C rral 5 00
m
Perkins Restaurant and ak r (NI/A1
Bob Evans Restaurant
Friendly's ()
The Original Partpake House (1 00) 2121_
Swensen' 1 0+
L Me raln Grill.
Flat Top t3rill% .?)
)
Red Hot Blue (22
Darnon's Grill (5)
Fatk(4
lei i -:ik
To Rome'
row's (12)
r l sta rr"ar :t l9,0
Hacknej5..,..��,_
Green Mill (29t)
kers S uaa(4
liender'
Page 1161 of 2353
Casual
_Cheesecake Factory (185) Quaker Steak & Lube
ClaimJurnper (43)
Bennigan's(23)
Houltan8 (47)
Max & Emia's(51)
Ground Round Grill & Bar (24)
Mai Tal Bar
(2)
Bar
Seasons 52 (43)
Black-eyed Pea (13—
Miller's Ale House 78
Copeland's (16)
Houston's/Hillstene (511
Coco's Baker 55
Earls (68
Granite City Food & Brewery (1, 0),_
Tavern in the Square
Lq9 (8)
Redstone American Grill ,(4),
Cotton Patch Cafe (41)
Yard House (66)
Tilted (31
J. Alexander(211
Redlands Grill (12)7
6ricktopL(6)
Grand Lux Cafe Off
Devon's (6)
Chamoss (23)
Applebee s (2003,
Beef o'Bradys_(_23)
Ruby_Tuesday (850)
OE Chaiiey's 230
99 Restaurant & Pub (10:6)
Restaurants nTs St.-Brawl-muses (170)
Thorned
Johnny Rockets 320),
Hopters (4301)
Fia„rd Rpok CafS176„)
_-buffalo:Wigd in s_(925
Chuck E. cheese 1523)
Mimi's Cafe
, NNW., NNW
Other
The MeitingPot (120
Sweet Tomatoes (118),
** chains with 100 or more establishMents
Chains with less than 100 establishments
Rainforest Cafe (28)
Planet Hollywodd 8
Jimmy Buffott'a MareitsvAr e (30)
Bahama Breeze island Grill (37) _
Rock Bottom Restaurant & Brewery (30)_
Aquarium Restaurant (4J
Cheesebtnerfn Paradise
Trader Vic s(2)
8.ace AUeris Grill & Bar (4)
_ House of Biues
Dave & Buster's (981
S2)
Lu6—; 9§1
***This chain operates uses a different name in each location, Its restaurant in West Palm Beach is known as Charlie's
Crab,
Source; Various industry publications and websites; Miami Economic Associates, Inc,
Page 1162 of 2353
Andrew Dolkart
Economic Consultant
6861 SW 89 Terrace
Miami, Florida
308.669.0229
June 21, 2017
Mr. Thomas R. Mooney, AICP
Planning Director
City of Miami 3oh
1700 Convention Center Drive
Miami Beach, FL 33130
Subject: 'Proposed Ordinance rel Formula Restaurants
Deer Mr, Mooney:
At the request of your office, I have reviewed a proposed ordinance that would limit the ability of
"formula restaurants" to locate in the Ail Deco District along Ocean Drive between 611) and 1511'
Streets and In the Ocean Terrace/Harding Towns Area along Ocean Terrace, which extends
from 73c' Street to 75m Street. The purpose of my review was to evaluate whether adoption of the
proposed ordinance would pIao ti unfair burden on the owners of properties In the Identified
locations end/or adversely Impact the City of Miami Beach economically ar fiscally.
The purpose of this letter, which Is organized as -shown below, is to provide you with the
conclusion of rny analysis.
J4. 9 Stje 9 11
Definition of a Formula Restqurant
iYefinitioti of a W6iiiiiiiiifiiiiitiianii
Page
2
„„,
The -proposed ordinance defines the term "formula restaurant!' as a restaurant with 100 or more
establishments In .operation or with approved development orders in the United States or
restaurant with more then fivo (6) establishments In operation or with approved development
orders in Miami Beach,. In addition to the numerical thresholds, the restaurant must also maintain
two (2) or more of the following features: a standardized (formula) array of merchandise; a
standardized facade; standardized decor or color scheme; uniform apparel for service providers,
food, beverages or uniforms; standardized signs, logos, trademarks or service marks. With
respect to these features, the ordinance contains Ow following language:
• . (1) Siondatzilzad (tbrmule) (my of merohondMo or food means that 00 percent or more of In.
stock merchandise or food Is from a single distributor and burs uniform markings.
Page 1163 of 2353
Mr. Thomas Mooney, AICP
Planning Director
City of Miami i3each
Juno 21, 2017
Page 2
(2) Trademark means any word, name, Bymbol, or device or any combination thereof, used
by a person to Identify and distinguish the goods of such person, Including a unique
product, from those manufactured or sold by others, nand to Indicate the source of the
goods, oven If the source is unknown, A trademark May be registered with the U.S. Patent
and- Trodermirk Office i'llnci/or the Florida Department of State, However, an unregistered
trademark may also be protected under common law,
(3) Servloo mark means any word, name, symbol, or device, or any combination thereof, used
by a ',,)erson to identify and distinguish the services of such person, including a unique
service, from .the services of others, and toindlesto the source of tho services, even If that
source is unknown, Titles, character -names, and other distinctive features of radio or
television programs may be registered a rvIce marks notwithstanding that the person
cr the programs Frey advertise tho goods of the sponsor, A service mark may be registered
with the U,S. Potent end Trademark (Ado and/or the Florida Department of State.
However, an unregistered service mark may also be protected under common law.
(4) D000r means the style of interior or exterior furnishings, which may Include but Is not
limited to, style of furniture, wall ooverings or permanent fixtures.
(6) Co/or chome means the selection of colors used throughout, .such V„ie on the furnishings,
permanent fixtures, and well coverings, cr es used on the facade.
(6) Peptide moans a Noe (usually the front) of a building, Including awnings, that looks onto
a strootor an open space,
(7) Uniform food) boverageo or apparel/unIfonna moans stenderclzed items of clothing
including but not limited to standardized aprons, pants, shirts, smooks or dresses, hats .
end pins (other than name tog) ea well as standardized colors of clothing, food or
beverages listed on the menus of such establishment s. or standardized uniforms worn by
employees.
With reeseet to the, above definition of .formula restaurant, it is important to note that a chain with
more than 100 establishments would be able to locate on Ocean Drive between Sth and 161h
Streets 01' Ocean Terrace. If It modified Its operations with respect to any 8IX of the seven features
enumerated above,
Key Findings
Basod on my analysis Of the proposed ordinance, I do not believe that the limitation It places on
the ability of formula restaurants to locate along far Drive between 61h and 16th Street or Ocean
Terrace will unfairly burden the property owners In those locations and/or adversely Impact the
City of Miami Beech economically or fiscally. Thle conclusion Is based on the 'following findings:
Page 1164 of 2353
Mr, Thomas IVIconey, AIOP
Planning Director
City of Miami Beach
June 21, 2017
Page 3
During the course of my research., I Identified 1 municipalities that 1181/0 enacted ordinances
limiting the ability of formula commerolal establishments and/or restaurants to locate within
them for the purpose of maintaining their distinctive character, A hOW11 Iti AppODC,iIX 1, MI1 of
those municipalities sot -the numerical threshold of establishments for defining 61 formula
commercial establishment or restaurant at 16 or fewer. The two municipalities In Florida,
Sanibel and Pah Beach, sot the numerical .threshold for defining a formula restaurant' at throe
establishments -nationwido. According, the numerical threshold of 100 establishments
nationwide In the 'proposed -ordinance Is hardly stringent by comparison.
Based on 8 -physical Inspection of the properties along Omen Drive between 5'11 ..and 15'''
,',itreets and along Ocean Terrace- as well as n virtual tour of them utilizing Googto Earth, I
identified a total of 40 operating eating end drinking establishments, and one closed facility, Of
the establishments identified, all but three aro on Ocean Drive with the overwhelming
preponderance of them located in hotel or condominium hotel properties that In most 00808
ore considered by the City's hilotorlo Preservation Board to "contribute to tho historic charactor
of the Art Deco DletrIct. All three establishments on Ocean Terrace are housed in structures
of :similar type, Of the 40 operating eating end drinking establishments that I Identified, only
three are formula restaurants DS defined Ill the proposed ordinanoe. Included In this number
are the TGIF Fridays located In Bentley condominium hotel .located at 800 Ocean Drive, the
'Ben & Jorry's looatod -Lit 760 Ocean Drive and the Pinkberry In the Victor hlotel at 1144 000Dri
Drive. Six other establishments, which are listed Immediately below, are parts of chains but In
each case the chain' of which It Is part has 'fewer than 100 units,
o Wet Mlles, 700 Ocean Drive (1 of 17 establishments)
c Sushi Slam, 004 Ocean Drive (1 of 8 establishments)
O Fat Tuesday, . 918. Ocean Drive (1 of 60 establishments)
O Sugar Factory, 1144 Ocean Drive (1 of 13 establishments)
o 1--lavann 1967.1410 Ocean Drive (1 of 5 .establishments)
O Madero, 1412 Ocean Drive (1 of 05 establishments')
1 believe that the fact that lase than 25 peroent of the restaurants currently operating on Ocean
Drive between V and 156 Streets and on Ocean Terrace are chin -affilintd is in substantial
part, if not totally, a function of the following factors:
o The overwhelming preponderance of the restaurant spaces in the enumerated areas
either rely entirely on outdoor setting or a mixture of both outdoor and indoor Seating
with the quantity of the iatter generally relatively small. However, most ohoingiffilleted
restaurants operate in portions of the United States where they cannot rely on outdoor
seating on o year around basis end hove modi operandl that require more indoor
seating than most of the properties In which the Ocean Drive and Ocean Terr800
restaurants operate can provide.
o l'he portion of Ocean Drive between 6th and 1 Street and Ocean Terrace are located
In historic preservation districts. As a result, modifications to the buildings in those
Madero is s South Amerloan-based company with 8 total establishments, tho preponderance of them outside the
United States. In fact, the establishment on Oc,,00n Drive was the only one that I identified In the United States,
Page 1165 of 2353
Mr. Thomas Moony, A1CP
Planning Director
City of 'Miami Boson
,,ine 21, 2017
Page 4
'areas to accommodate 'formula restaurants would be governed by the provisions of
City code section 142.646, which states In pert that If It the building is a historic
structure, piens to renovate "shall substantially comply with the Secretary-of the Interior
Standards end Guidelines for Rehabilitating Historic Structures, U,S. Deportment of
the interior (revised 1983), as amended", That same language) is .,found in Code
Section 142.904, which discusses accessory uses in hotels and apartment buildings,
which Is the catogory of L180 that applies to the preponderance of the restaurants along
Ooson Drive between 61h and 16th Street rnd O000n Terrace. R Is also found In Code
Section .I V3.'504, which discusses the manner in which requests for certificates of
appropriateness for 'alterations, to buildings should be evaluated, Section 118464
Further states that In detemilnIng whether a particular appiloation Is oompatible with
'surrounding properties, the historic preservation board shall consider the following:
a. Exterior .architeotural features,
b. General design, . seele, messing and arrangement,
c. Texture end matorlal and color.
The relationship of subsections a, b„ c., above, to other structures al 1' aturos
of the 'district.
e. The purpose for which the district was created.
f, The relationship of the size, 'design and siting of any new or reconstructed
structure to the landscape of the distriot.
A historic resouro e. report, containing) all available data and historic
documentation regarding tho building, site or feature,
h. The original architectural design or any subsequent modifications that have
acquired significance.
In summary, it is probable that many operators of chain-affiliated restaurants
historically deckled -- 'and likely will 'frequentiy do so In the future — that their
prospects for success in gaining approval to make the alterations necessary to locate
an establishment in a building along the relevant 'portion of Ocean Drive or Ocean
Terrace would not be strong and/or that too much *no and/or money would be
required to galn such approval.
Given the issues discussed in the procedin9 paragraphs, I find it doubtful that there Will be
stampede by formula restaurant chains to locate along Ocean Drive between 5th and 161h
Street or Ocean Terrace. However, the proposed ordinance would provide additional
assurance that that does not occur.
As part of my evaluation of the proposed ordinance, I reviewed restaurant industry
publications and websites to determine whether it .would make It difficult for the owners of
properties along Ocean Drive between 6th and 16th Streets and Ocean Terrace to secure new
tenants If one of their current tenants vacates or If they decide not to renew the leases of
current tenants. My research Identified a total of 348 brands operating chains of restaurants
In the United States for which I could obtain accurate 'Information on their number of
establishments.. That number does not include the nine chains already operating on the
Page 1166 of 2353
Mr, "Memos Mooney, AICP
Planning Director
City of Miami Beach
June 21, 2017
Pogo 6
relevant portion of Ocean Drive or Ocean Tel 'ram Of the brands Identified, 186 operate fast
food restaurants end/or pizza shops that 'primarily provide take out and/or delivery service, A
roster of those 186 brands on be found In Appendix 2,
The 186 brands enumerated In Appendix 2 typically seek locations that provide for excellent
automobile access, Further, they gene occupy either single-user buildings or space in
shopping centers with self .serve surface parking. Given these attributes, I do not believe thst
any significant number of them, regardless of their number of establishments, would seek to
locato along Ocean Drive between 5th and 16m streot or along Ocean Terrace other then on
an exceptional baf,31s even if the proposed ordinance is not adopted.
The remaining 103 brands, which are identiflod In Appendix 3, generally provide table service.
Review of Appendix 3 will show that these 103 brands fall into a variety of categories In terms
of oulaine and/or ambience, Further, portion of them, numbering 66 in total, are part of chains
that re comprised of '100 establishments or more, hence formula restaurants as that term Is
defined In the proposod ordinance. The remaining 107 brands operate chains comprised of
fewer then 100 establishments and could In the future occupy space on Ocean Drive between
6th and 16Ih Street or on Ocean Terrace If It should become Elvallablo and Is physloally able to
accommodate thorn In terms of indoor seating capacity, among other citoris,
With respect to brands th at. would not be preoludsd from operating on Neon Drive between
6111 and '16" Street or Ocean Terrace, their distribution in terms of number of establishments
Is ins follow
o 39 brands have 16 or tower establishments
0 17 br811(iti have between 16 and 26 establishments
o 27 brands have between 20 and 60 establishments
o 24 brands have botwoen 81 and 100 establishments
I recognize that a detailed review of Appendix 3 will show that some of the brands that would
not be precluded by the proposed ordinance have historically limited their operations to
geOgraphio regions of the .Untted States that clo not Include Florida or the nearby southeast, I
also 'acknowledge that adoption of tho proposed ordnance would preolude some well reconi2d brands that do operate in Florida or the nearby southeast from occupying space
on Ocean Drive between :61" and "I 6t" Street or Ocean Terrace, 'Included among thls latter
group would, for example,. be Ruth's Chris, Bonefish Grill, Brio Tuscan Grill, Olive Garden,
P,F, Chang's, Cheesecake Factory, Applobees and Hard Rock Cafe., in these regards, I wish
to make the following points:
o The fact that certain brands 'hove historically not operated in Florida or the nearby
southeast should not be minimized; however, It Is plausible to think that some of those
brands, particular those whose bases of operations Include the areas from which
South Beech tourists most frequently originate, might consider establishing a unit there
to continue to serve their customers while they are en vacation and/or to get new levels
of exposure with a potential loyal base of business available to them when they first
open, Further, others, attracted by the "South Beach buzz" and its high tourism counts
might decide to enter a new territory.
Page 1167 of 2353
Mr, Thomas Mooney, AICP
Planning !Director
City of Miami Beach
June 21, 2017
Page
o As discussed above, it will likely be difficult to accommodate establishments that
typically operate on the scale of the precluded brands specifically named above -in the
restaurant spaces in the hotel and condominium hotel buildlngs that exist along the
relevant section of Ocean Drive or on Ocean Terrace. However, if e space) of
Opproprielte slze did become available, the owner of the subject property would have
a number attractive alternatives among that brands that are not precluded by the
proposed ordinance, illustratively, those alternatives would might include Capital Grill,
Morton's or Flemings among steak restaurants, McCormick 84 Schmicks, Legal
Seafoods or Mitchell's among . seafood restaurants, MjgIeno OJd Spaghetti Factory
or [ice di Beppo among Italian restaurants, Houston's/HIllstons or J Alexander's
among casual dining restaurants and Rainforest Cafe, Planet Hollywood or Jimmy
Buffett's Margaritaville among therned restaurants, Further, as Appendix 3 shows,
there are others .beside those named that also could be secured.
13ased on the preceding., I do not believe that the proposed ordinance will place an unfair 'burden
on the owners of properties along Ocean Drive between t'5111 and 151h Street and Ocean Terrace-to
fill restaurant .spaces that become vacant with chein41111ated establishments as .opposed
independent operators if that is what they seek to do and their -properes can- accommodate such
users, Contributing to this Is thelact that at any given time, the .aMount of .vecont space
available Is likely to be extremely limited,
Further, since the proposed ordinance will not make It Impossible to fill vacant spaces, its adoption
should not 'adversely impact the City of Miami Beach to any significant degree either economically
In tonne of lose of jobs or 'fiscally in terms of loss of al valorem tax revenues, Whether there will
be an adverse Impact on the tax revenues that the City 001100t8 OR the sale of food and almhollo
beverages will be dependent on the, whether the new tenant's revenues are less than the taxable
revenues of the prior occupant .of the space, However, that would be also be true If the proposed
ordinenoe is not adopted, Further, that would be true regardless of whether the new tenant Is
chaln.affillated or an independent operator,
Closing
I have appreciated having the opportunity to be of assistance to the City of Miami 8061011, 1 Cfll
prepared to discuss the contents of thls letter with you end other members of the City's
professional staff and, of course, with the Mayor and City Commissioners and their staffs, 1 am
also prepared to testify with respect to my findings et City Commission proceedings regarding the
proposed ordinance,
Sincerely,
Andrew Doikart
Page 1168 of 2353
Appencflx 1
Page 1169 of 2353
:Appendix 1
Numerical Threshold
MunkalItk yvithyonnuiaest011ehment polo
r11410ion , qtyverloAl thyq.sligy,1
_ 3,or more establishmonts , _
401bal , FL 3 or more establishments
10 or more establishments
• '
—San Pranoisoo OA '1or more establishments-
doronado bA 16 or More establishments
Ojai OA 10 or mio”re,eqt,glehments
Oallato90 OA *,*.
• San Juan tRft CA
6olvmnq OA 6 or more establishments
OarrnolLOA
P6101n0 Grove kick*
*7;Anirif *
Sausalito OA
Bristol RI • Qi"
Prederloktibt,Ath: t5( o or mp,ro establishments
c'ork,
" Any bustriass that hat) anything similar anywhere requires a special permit
4" Bars all forrnula retell stores and rosleurents and all stores over 8,000 81,,
""Any ettablishrnent substantially Identloal to another restaurant rogardleas of ownership or location,
Any establishment with standardized Mena% Ingredients, food preparation, employoo uniforms, Interior dacor,
aignago or exterior design,
Any typo of retell wavily, Including food aervioe, which is roquIrod to maintain rny of the following; standardized
(formule") fray of services or merchandise, trademark, logo, servloo mark, symbol, sign, decor, arohlteolure, layout,
uniform, or 8imiler standarelnd feature,
Sour: Individual jurisclIctionw (sfity of Miami Beaoh Planning IDeportmont; WM Economic Assoolatos, Inc,
..„„
Page 1170 of 2353
Ater +ix
Page 1171 of 2353
1 IIie�A ICI 4�H l�llr .ry ..._.., w.raaewi.e......+.
�.t ✓
t riry Quee r
Subway
:Five Guys
it Ca
ly; aoi Fall .
urger King
, MoD nalr'a .�� ...., v ...
t�hl ;tr10)rtrary
Au ntkAr ne :, ._
Jirnmy's Johns
A 8Nv
CIn n lbol7 r .
,VVhlt stl .,.� .._
fail Y. h r0.n7
Waffle Ho>xrs _ ._.. _ ...
"rim Florton' . _� a....__....... ,
,l i It 111, __ _...., .
hhc tear M r ket
N Noodl s 84 Company
Appendix 2
Fast Food Restaurints Chins
Godfather's (Pizza
l !
Polio I, 000
I .jongle'a
4,ar r o va ......... .... ,v._ .
Pi a MLrrphy' "h "k N 66:k
Pizza
01401)11...P.911
wh , Il
l <rytl .�
moAll ter's Dell..__.�...
t fibtOk'
Baja Fresh ,
wCeShraaol i n?y� ' e �
Br b.
e }O� a
.
chows Grilled Subs
Roy ° fri
Shake Bha ok
ln. Rob r ;
,�...�
_._ � ..... .
ir1r1alaailr�ll
c 11 k trr ry hNbu
Air f3on pain
r
bon-1166'S —
f i lw .4,,l1„ dicker i itl : t°
l; ourll "fal..11a ..
ulu�'carIllc' a. .. „ „W, A:
ex Ro et goof
f
Groin euriitt
tole ' �v..,,.:...n..n
gabana
gap' I<htlrn
Page 1172 of 2353
±tl ver)Ag 6 151 Q i t
Nthan'o Hot Do
( rec to r�d VV 0 ricl f iairlt
I u bIra's Fresh 11/1exk en rllM
� txlI vu it rtr r1? rvita
Cosi
,n Perk •
h�ra�.rtriil��,
• 110. c', f"Ih Ir k
?r reel* blikory,c44 4 ..
tinst of t'lic i o Pizza — -
PoIlo tr�1 r
rarmer t oys .... .
kl rooTim
Ho !AO's, LI x R tl r.,
Port
�Izat
a r)n I tll
f h r�
hors
Ikitelo fro, Grill ,MVIr*ir
Snapp fete's
h l?,91 <s
W8 81demilk Cafe _
Jack's
Rums
•
urger Street
11!111 ' Diann rgar'
atoll it 8i Gat rt'rs ,,
lretzetrnakbr
Tokyo Tokyo
iWT1tt•Uk It t�
I ° ..,.
JoUII1 p
•re, Fields
Arotio fro1 .
aherA ._
M►§ WinnerL.
Knit &in Cn3►othwr
Sarkis .,
T oiMao _
tvlr I Ir eT„u..u,M.M,,.
Gold Star nlit
Icil ..
Arthur irrirloon lnoroiibl i coo,
Panda inn
(ihln Bo ourrilet fAgo .I.CChJokon xor a
J. 1,,,L.peera
.C.aI1fornl 1 of Cili a .�A�
Chroniyo t aco ., zM ..,, _.w
Sub St itloi,.,11
�H�arlottf'� „ T„
Garbanzo Mediterranean
n
L urw odo
PNI1192tae
00 do Gran!
�sure°oo, iii6u 1r�ti�a�atry 1:101)1166116ria and w615eltea; i i Economic, Af)000irAtea, rnr,,
Page 1173 of 2353
Appendix. 3
Page 1174 of 2353
Appendix 3
bl a Ditiin Restaurants
s
_E91111.01,119,1 ur r1911,1rin w(Nlurn%or)!!_, 1,Is9r 11,91t st n,P,111,,r N, riikiirj. *k ..,
Steak
tPakitca ► c „g200 � ,,....
f.o��Cic�rrl S1Ikhp�iar� (7O).
t ctklto a ,f3. .).
w. n�._. �,o�a�1'� i�tora�ii�o� ►���,.(,�i �����,��;�,.....� . , w.,...
rt . . . M r xq I � �clI1 u8 (QQ) e,I .�
hairs
city 1ar_ls►�)
t �t1�ti8ia!' . ft -1ll ail grill IL
., i; r111naaw Cunt ttoi►i t ►yIC! ( )t)
yBriio 'Tuscan trill ('i'1 a .�
, -a ie
i ,litor rll S r i l<ltr I n ..( O-O)
F tJr��
Ch/Cago Ch/Car Gill (180+)
NIA stir um..(1(? ) ... �._ ..
Ian 0 t akl ota ca (1$11t _*.,,
JALQINialg
e Q114 ro a/P onsn, Xo, §tsol l otogAl ).
..0400J driu
yorlprIgt
Ilias Steakhouse
(�`1..
Oharlis Brown's 8tonkhouse 174
Montana MikMike's s (23)„ .. y .
idle"
tont.i 1v6r111
•
.. EJ�ilaa car ►rrtYi�9iialra ►11pa11!M(('t�,,. ,..,. h
Maio►,', Bc kifoctri P t L►► ally k,"*:'
Qo t�11c k � 1 i►1 i ..i ' f.Q
Anthohyp Boafooci..001.
MItolloll'u l'il Mrkt (1Jl
I�tt�Ntottl ittstor+ (;
M�lat►1o's Little Italy_ (49)
i Cli 1Ko
SLIM
_. . .
Bravo ►oi Itallana. (49�
— . . r . we .
j d L1 • tt.1!1%tr h t, �„("i � .0 .e. ..,... .
axe 0,J,I
/rtl�cany Cati tirL�i.,�'a }.,, _ ...yy
_,....halt r' 1'I0(80
Page 1175 of 2353
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