| | | | | | | | | | City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 16.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: June 30, 2020
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| | | | | | | | TITLE: | DISCUSSION: LIMITING BIG BOX FORMULA RETAIL AND FORMULA RESTAURANTS IN SUNSET HARBOUR
ACTION REQUESTED:
Discuss the item and provide a favorable recommendation on the proposed ordinance to the Planning Board.
ADMINISTRATION RECOMMENDATION:
Conclude the item and recommend that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. |
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| | | | | | | | HISTORY:
| On June 5, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4 Q). The item was discussed at the September 18, 2019 LUDC meeting, and continued to the October 30, 2019 meeting with direction to include copies of existing formula establishment regulations for reference.
On October 30, 2019, the item was discussed and continued to the December 2, 2019 LUDC, with the following direction:
1. The City Attorney will draft an ordinance for review by the LUDC.
2. The Administration will place a C4 referral item on the December 11, 2019 City Commission agenda, as a place holder, in anticipation of a recommendation for referral to the Planning Board.
The December 2, 2019 LUDC meeting was cancelled, and the item was moved to the January 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC). On December 11, 2019, the City Commission referred the proposed ordinance to the Planning Board (Item C4I).
On January 21, 2020 the LUSC deferred the item to its February 18, 2020 meeting. On February 18, 2020 the LUSC continued the item to the May 6, 2020 meeting. On May 6, 2020 the item was deferred to June 30, 2020.
On January 28, 2019, the Planning Board continued the item to the February 25, 2020 meeting. On February 25, 2020, the Planning Board continued the item to the March 24, 2020 meeting. The March and April Planning Board meetings were postponed. On May 19, 2020 the item was continued to the July 27, 2020 Planning Board.
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| | | | | | | | ANALYSIS:
| On October 28, 2019, a town hall meeting was held in Sunset Harbour to discuss the above proposal. The discussion, led by Commissioner Arriola, focused on: (i) the current mix of restaurants and retailers that primarily serve residents in the Sunset Harbour Neighborhood; and (ii) the appropriateness of adopting regulations, by way of a proposed Ordinance sponsored by Commissioner Arriola, to limit formula commercial establishments. Sixteen residents attended the meeting, and a consensus of the residents present expressed support for placing restrictions on formula commercial establishments in the neighborhood, in order to ensure that restaurants and retailers in Sunset Harbour continue to serve the needs of local residents.
The following is a summary of additional issues raised at the meeting:
• The need to achieve a balance between zoning restrictions vs incentives to businesses and property owners;
• The need for a diversity of uses;
• The high rents in the area; and
• The need to ensure a proper mix of retail and restaurant uses around a vision for the area.
The following additional suggestions were proposed:
• Consider hosting a focus group with restauranteurs;
• Consider additional activation of the area through special events; and
• Conduct a survey of residents on what they would like to see in their community;
Formula Commercial Establishments are defined as
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 façade; 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.
A formula restaurant is defined as
Formula restaurant means (i) a restaurant with 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 façade; 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.
The regulations are intended to encourage unique businesses to open in the district. The ordinance is not intended to prohibit national chains from operating within the overlay; but rather it is intended to ensure that they provide unique retail, dining, and personal service experiences for the district. This is consistent with the business patterns that have taken place in the neighborhood since it began to transform from a primarily industrial area to more of a mixed-use area.
A companion Comprehensive Plan amendment is proposed to establish a vision and policy directives for the future growth of Sunset Harbour. One such directive is to “Foster the establishment of businesses and restaurants which create dining, retail, and personal service experiences that are unique within the nation.” The proposed LDR amendment is consistent with this vision.
The attached draft Ordinance establishes the “Sunset Harbour Mixed-Use Neighborhood” Overlay District. The overlay prohibits formula restaurants and formula commercial establishments. Similar prohibitions exist in portions of the Art Deco/MiMo Commercial Character Overlay District that front Ocean Drive and Ocean Terrace. As it may be difficult to establish whether a business is a formula restaurant/formula commercial establishment from floor plans, the Ordinance would be primarily enforced through the requirement that an applicant provide a signed affidavit affirming that the applicant’s business operation is not a formula retail or formula restaurant establishment.
The Administration and the City Attorney’s Office have retained a land use consultant to study the appropriateness of regulations on formula restaurants and formula commercial establishments in the Sunset Harbour Neighborhood. The consultant’s report, attached, substantiates the planning and legal basis for the proposed ordinance.
On a separate note, but pertinent to the discussion, the Art Deco/MiMo Commercial Character Overlay District also contains restrictions on Pawnshops, Tobacco/Vape Dealers, Check Cashing Stores, Convenience Stores, Grocery Stores, Occult Science Establishments, Souvenir and T-Shirt Shops, and Tattoo Studios. Accordingly, the Administration recommends that the LUSC also consider recommending a separate referral to the Planning Board regarding the prohibition of the aforementioned uses in the Sunset Harbour Neighborhood.
The Administration also recommends that the boundaries of the proposed overlay district be further discussed in order to address the planning goal of preserving and promoting the Sunset Harbour Neighborhood’s unique ‘small-town’ character. The businesses within Sunset Harbour that promote the neighborhood’s unique identity (namely, its vibrant, neighborhood-serving restaurants and retailers) are primarily concentrated in the interior of the neighborhood. Planning staff therefore recommends that the proposed overlay exclude properties fronting Alton Road and Dade Boulevard, east of Bay road, which currently contain businesses that have a greater tendency to draw customers from outside of the neighborhood, as opposed to the businesses in the interior. The Alton Road Corridor and Dade Boulevard, which are major arterial roads, are a more appropriate location for non-neighborhood-oriented retail uses. However, the LUSC may wish to consider size restrictions for the Alton Road corridor to ensure greater compatibility between the businesses along the corridor and the interior of the neighborhood.
The proposed Ordinance and the companion Comprehensive Plan Amendment are scheduled to be reviewed by the Planning Board on July 27, 2020.
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| | | | | | | | CONCLUSION:
| The Administration recommends that the Land Use and Sustainability Committee:
1) Recommend that the Planning Board transmit the proposed amendment to the Comprehensive Plan to the City Commission with a favorable recommendation;
2) Recommend that the Planning Board transmit the proposed amendment to the Land Development Regulations to the City Commission with a favorable recommendation;
3) Recommend that the City Commission refer a separate ordinance to Planning Board and LUSC to prohibit Pawnshops, Tobacco/Vape Dealers, Check Cashing Stores, Convenience Stores, Grocery Stores, Occult Science Establishments, Souvenir and T-Shirt Shops, and Tattoo Studios within the Sunset Harbour Neighborhood; and
4) Recommend that the City Commission refer a separate ordinance to the Planning Board and LUSC to study provide lot aggregation, parking and size requirements for properties within the Sunset Harbour neighborhood. |
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| | | | | | | | Applicable Area
| South Beach |
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| | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | Yes | | No | |
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| | | | | | | | Departments
| Planning / City Attorney |
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