Loading...
2011-27880 Reso RESOLUTION No. 2011-27800 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING OF A PROPOSED ORDINANCE THAT WOULD CONSIDER AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT. WHEREAS, on September 15, 2010, the Mayor and Commission referred the issue of permanent parking space removals from City inventory to the Land Use and Development Committee (LUDC); and WHEREAS, on September 27, 2010, the LUDC held a discussion regarding strengthening the process by which permanent parking spaces may be removed from City inventory, for instance by limiting the purpose and/or requiring Commission approval; and WHEREAS, at the May 18, 2011 meeting the LUDC discussed the temporary removal of parking spaces for additional sidewalk cafe seating and recommended to send it to the full City Commission; and WHEREAS, on June 1, 2011 the full City Commission ratified this directive from the LUDC through approval of the LUDC Committee report on the Consent Agenda; and NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading shall be held on January 11, 2012, to consider the proposed amendment to the City Code, and the Clerk shall take appropriate action to notice this public hearing. PASSED AND ADOPTED this 14th day of December, 2011. ATTEST: / AY CI CLERK APPROVED AS TO FORM & LANGUAGE �1 BF FOR EXECUTION 4 J )2 * INCORP ORATED: It r ate F:\ATTO\HELG\Resolutions\temporary removal of parking spaces-Reso FINAL.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,setting a first reading to consider amending Section 82-384,"Permitted Sidewalk Caf6 Frontage; Requests For Expansion,"To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data(Surveys,Environmental Scan,etc.): While nearly half,47.6%,suggested the effort put forth by the City to regulate development is"about the right amount,"nearly one-third,29.6%, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission amend the City Code to allow temporary removal of parking spaces to permit the expansion of sidewalk cafes into a loading zone fronting a restaurant? Item Summa /Recommendation: Setting of Public Hearing In order to consider the use of the parking spaces for additional sidewalk cafe for businesses along Espanola Way between Drexel Avenue and Washington Avenue, the following should be considered: emergency access, traffic circulation, adjacent land uses and special events. There are several restaurants that provide sidewalk cafu&along Espanola Way between Drexel Avenue and Washington Avenue that would benefit should the proposed amendment is approved. The amendment would allow an extension of the sidewalk cafes into a loading zone subject to certain restrictions such as when the street is closed to traffic during certain days or hours;all equipment placed in the loading zone is removed at the close of business each night; a permit is required and a fee is paid. Notwithstanding,the Administration has concerns relative to emergency access, traffic circulation, and the ability of adjacent land uses to utilize the street for accessibility and connectivity to other streets. The Administration recommends that the City Commission fully discuss the merits of this proposal as recommended by the Land Use and Development Committee and if so desired,set a public hearing of the proposed ordinance for the January 2012 City Commission meeting. However, it should be noted that the Administration does not recommend adoption of the proposed amendments based on the concerns expressed in the Analysis portion of this memorandum. Advisory Board Recommendation: At its May 18, 2011 meeting, the LUDC recommended to refer this item to the full Commission; the recommendation was submitted with the Committee afteraction at the June 1, 2011 City Commission meeting. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02,which requires that the"City of Miami Beach shall consider the long-term economic impact(at least 5 years)of proposed legislative actions,"this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action,and determined that there may not be a measurable impact on the City's budget by not' enacting the proposed ordinance. City Clerk's Office Legislative Tracking: Richard Lorber/Mercy Lamazares Sign-Offs: /Rpep of Director ssistant C' anager City Mana TAAGENDA\20 1\12-14-11\temporary removal par ' g spaces-sum.doc 60 MM IAM E ® AGENDA ITEM C N � DATE—IL MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City C mmission FROM: Jorge M. Gonzalez, City Manager DATE: December 14, 2011 Setting of Public Hearina SUBJECT: Temporary Removal of Parking Spaces A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC READING TO CONSIDER AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission fully discuss the merits of this proposal as recommended by the Land Use and Development Committee and if so desired, set a public hearing of the proposed ordinance for the January 2012 City Commission meeting; however, it should be noted that the Administration does not recommend adoption of the proposed amendments based on the concerns expressed in the Analysis portion of this memorandum. BACKGROUND September 27, 2010: The Land Use and Development Committee (LUDC) discussed strengthening the process by which permanent parking spaces may be removed from City inventory, by limiting the purpose and/or requiring Commission approval. At the meeting the Committee voted to direct City staff to prepare the ordinance and send to the full Commission and to come back to the Committee with a discussion on the temporary removal of parking spaces by adjacent commercial uses (e.g. sidewalk cafe uses). April 13, 2011: An ordinance prohibiting private requests for the permanent removal of parking spaces or loading zones except for the purpose of creating access to an off- street parking facility or other vehicular access to the property was adopted by the City Commission. May 18, 2011: The LUDC discussed the street section being reviewed at that time - the portion of Espanola Way between Drexel Avenue and Washington Avenue. According to information provided by the City's Public Works Department, Espanola Way is approximately 14 feet from curb to curb, with 5-foot sidewalks between the cafes and the ' City Commission Memorandum Temporary removal of parking spaces December 14, 2011 Page 2 buildings. The street also offers commercial loading zones (parking bays) at two specific locations on the north side and one on the south side. All the parking loading zones are restricted between the hours of 6:00 AM to 6:00 PM (30 minutes maximum) from Monday through Friday with no parking any other time. The street remains closed to thru traffic between 6:00 PM and 6:00 AM. Espanola Way is also closed to traffic from Friday at 6:00 PM thru Sunday at 9:00 AM. Espanola Way between Drexel Avenue and Washington Avenue is classified as a local street and serves to direct one way traffic on the westbound direction only. The intersection of Espanola Way and Washington Avenue is controlled by a traffic signal and offers opportunities for pedestrians to cross on all four legs of the intersection. Espanola Way at Drexel Avenue is also a four legged intersection but controlled by a stop sign. As per Attachment 1, the following restaurants provide sidewalk cafe along Espanola Way between Drexel Avenue and Washington Avenue: • Oh Mexico • Tapas and Tintos • Kon Express o Hosteria Romana •, Segafredo Zanetti • A la Folie • Pizzeriz D'Angolo • Boteco Copacabana An inventory of the number of seats and area covered by sidewalk cafe that each of these businesses offer is included in the attached spreadsheet (Attachment 2) provided by the Public Works Department. The LUDC recommended to refer this item to the full Commission; the recommendation was submitted with the Committee afteraction at the June 1, 2011 City Commission meeting. ANALYSIS The Administration has concerns relative to the proposed amendments because of the following issues: • Emergency Access Having the street closed to allow sidewalk cafe usage would impede the ability for fire trucks and other emergency services to provide an effective response. • Traffic Circulation The street is currently used to allow circulation to adjacent uses including other commercial and residential in addition to serving as a route to provide access for pick up and drop off for students attending the Fisher Feinberg Elementary School. Deliveries to businesses located on Espanola Way would also have to be considered as part of the overall plan. Currently deliveries utilize the commercial City Commission Memorandum Temporary removal of parking spaces December 14, 2011 Page 3 loading parking spaces and in some cases for larger trucks, they have been observed parking on the street often blocking through traffic since other convenient and accessible parking spaces are not available in the vicinity. A permanent closure of Espanola Way would require County approval and has to follow the requirements dictated as part of the Miami-Dade County Traffic Flow Modification Procedures which include a traffic study, public hearing and a vote from the residents affected by the modification. • Adjacent Land Uses In addition to the sidewalk cafe usage at the ground level along Espanola Way, there are other uses including residential and commercial that need to be considered. Those additional uses rely heavily on the ability to utilize Espanola Way for accessibility and connectivity to other streets. • Special Events In case the restaurant owners on Espanola Way would still like to follow up on the idea of using available parking spaces when not being used as part of the sidewalk cafe, an option would be to make that happen as part of a special event, in which case they would have to follow the City's special event permit procedure. The proposed amendments would be to Chapter 82, "Public Property," Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests for Expansions," as follows: (a) Sidewalk cafes are restricted to the sidewalk frontage of the restaurant to which the permit is issued or, if the restaurant is an ancillary and/or secondary use to another type of business establishment, the sidewalk cafe shall be restricted to the sidewalk frontage of the building (or portion thereof) of the "primary" business establishment (within which the restaurant is located). Only a restaurant whose premises are on a ground floor adjacent to and fronting the sidewalk may be issued a sidewalk cafe permit. Sidewalk cafes may be extended into a loading zone fronting a restaurant as provided in subsection (d) below. Loading zones in front of a ground floor restaurant use with sidewalk frontage and a sidewalk cafe permit may be used as part of an expanded sidewalk cafe permit area when the street on which the loading zone is located is closed to traffic, provided that the loading zone is within a street area that is regularly closed to traffic during certain days or hours, a minimum of five days each week. All platforms, tables and chairs in the loading zone shall be removed at the close of business each night. A permit modification will be required before use of a loading zone may commence, subject to suspension or revocation at the discretion of the Public Works Director. The fee for the temporary expanded sidewalk cafe permit area shall be as provided in Section 82-383, City Code. City Commission Memorandum Temporary removal of parking spaces December 14, 2011 Page 4 CONCLUSION In view of the above analysis and the concerns expressed, the Administration does not recommend adoption of the proposed amendments; however, should the City Commission desire, it should fully discuss the merits of this proposal as recommended by the Land Use and Development Committee and set a public hearing of the proposed ordinance for the January 2012 City Commission meeting. Pursuant to Section 2.05, "Procedures for Passing Ordinances Generally," a proposed ordinance may be read by title, or in full, on at least two (2) separate dates and shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances, and the place or places within the municipality where such proposed ordinance or ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or ordinances. No ordinances shall be declared invalid by reason of any defect in publication or title if the published summary gives reasonable notice of its intent. At the time and place so advertised, or at any time and place to which such public hearing may, from time to time, be adjourned, the ordinance shall be read by title and a public hearing shall be held. After the hearing, the City Commission may pass the ordinance with or without amendment. The effective date shall not be earlier than ten (10) days after its enactment. L JMG/JGG/ GL/ML T:\AGENDA\2011\10-19-11\2010-nonconforming commercial bldgs in s-f districts memo.docx f to 4 a x� x low- [IPLI i rk— `f. -;� r�d l Y. f r 8 '4 1 9 .r Attachment 2 BUSINESS PIZZERIZ D'ANGOLO BUSINESS BOTECO COPACABANA ADDRESS 1446 ADDRESS 437 STREET WASHINGTON AVE STREET Espanola Way TABLES 20 TABLE' 8 SEATS 50 SEATS 20 SQFT 436 SQFT 120 BUSINESS SEGAFREDO ZANLrM BUSINESS KONE EXPRESS ADDRESS 1436 ADDRESS 445 STREET DREXEL AVE STREET Espanola Way TABLES 20 TABLES 4 SEATS 64 SEATS 8 SQFT 628 SQFT 37 LU DC#84 r BUSINESS TAPAS&TRMS BUSINESS HOSTERIA ROMANOVC. ADDRESS 448 ADDRESS 429 STREET ESPANOLA WAY STREET ESPANOLA WAY TABLES 17 TABLES 24 SEATS 34 SEATS 74 SQFT 310 SQFT 557 BUSINESS OH MEXICO AT AKAIRO CAFA BUSEMS A LA FOLIE NWO ADDRESS 410 ADDRESS 516 STREET ESPANOLA WAY STREET ESPANOLA WAY TABLES 31 TABLES II SEATS 94 SEATS 25 1 SQFT' QF„I, 1664 SQFT 159 LU DC#85 Afteraction October 27, 2010 City of Miami Beach Transmit the matter to the Planning Board for review. City Clerk's Note: -Richard Lorber to place on the Planning Board Agenda and to handle. Item No. 5: No further action necessary. Item No. 6: Staff to prepare the ordinance, and send to the full Commission; also report back next available meeting with a discussion on the temporary removal of parking spaces by adjacent commercial uses. City Clerk's Note: Saul Frances to handle. Item No. 7: 1. Refer an ordinance to the Planning Board to make main use parking garages a conditional use in the 1-1 Urban Light Industrial zoning district. City Clerk's Note: Richard Lorber to place on the Planning Board Agenda and to handle. 2. Direct the City Attorney's Office to prepare an amendment to Section 106-213 of the City Code, in order to reduce the total number of tow licenses in the City from three (3)to two (2). City Clerk's Note: See Agenda Item R5M. C6C Report Of The Capital Improvement Projects Oversight Committee Meeting On July 12, 2010: 1) Attendance.2)Review And Acceptance Of Minutes.3)Public Comments.4)Commission Items:A)A Resolution Approving And Authorizing The Mayor And City Clerk To Approve Additional Contingency Funding In The Amount Of $469,175.21, For Horizon Contractors, Inc. For The Construction Of Additional Owner Requested Items And Betterment Scope Of Work For The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No. 12C, South Pointe Phase II Project, Funding Is Available From Previously Appropriated South Pointe Capital Fund 389 In The Amount Of$469075.21, For The Additional Scope Of Work. Passed: Unanimous. B)A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Professional Architectural And Engineering (A/E)Services Agreement Between The City Of Miami Beach, Florida And Wolfberg Alvarez And Partners, In The Amount Of$77,720, For The Additional Professional Services For The Flamingo Park Project; With Funding From 99 GO Bond Parks And Beaches Fund 377 For Design, In The Amount Of$22,162, Previously Appropriated In The Fiscal Year(FY)2006-2007 Capital Budget,And From The MDC CDT Interlocal-CDT Resort-Tax Fund 388 For Design, In The Amount Of $55,558, Previously Appropriated In The FY 2009-2010 Capital Budget. C) Request For Approval To Award Contract, Pursuant To Invitation To Bid No. 26-09/10, For The Renovation And Restoration Of The Historical Fire Station No. 2 And Hose Tower, Authorizing The Mayor And City Clerk To Execute An Agreement With Edgewater Construction Group, Inc.At The Not-To-Exceed Amount Of$1,627,762.74 For The Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $325,552.55 For A Grand Total Of $1,953,315.29 From Funds Previously Appropriated In The Capital Budget;Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For .Completion Of Said Project. Passed: Unanimous. D) Request For Approval To Award Contract, Pursuant To Invitation To Bid No. 17-09/10, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program Neighborhood No. 12/D/E/F,South Pointe Phases 111,IV And V;Authorize The Administration To Engage In Value Engineering To Further Reduce The Cost Prepared by the City Clerk's Office Page No. 11 of 47 M:1$CMBICITYCLERINFTERACT120101Afteractions110272010\aa 10272010.doc LUDO#T9 ' Afteraction June 1, 2011 City of Miami Beach C6D Report Of The Land Use And Development Committee Meeting On May 18, 2011: 1)Proposed Alton Road Historic District Buffer Overlay. 2) Proposed Parking District#5 For The Alton Road Corridor. 3) Discussion Regarding An Ordinance Requiring A Maintenance Bond To Ensure Abandoned Construction Sites Meet Property Maintenance Standards. 4)Discussion On The Development Of A Citywide Transportation Plan. 5) Discussion Regarding Temporary Storefront Signs. 6) Temporary Removal Of Parking Spaces. 7) a) Discussion On A Possible Amendment To The Accessory Use Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public; b) Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The Lincoln West Neighborhood Association. 8) a) Discussion Concerning The Short-Term Rental Ordinance In Flamingo Park Neighborhoods For Less Than 3 Units; b) Discussion On Including A Clause For Exceptions In The Short Term Rentals Ordinance. 9) Discussion Regarding Changing The Permitted Uses In A CD-2 District To Allow For Self Storage. 10) Discussion On The De- Intensification Of The 1-1 Light Industrial District. 11) Discussion Regarding The Gale Hotel Height Limits. 12) Discussion Regarding The Former South Shore Hospital Site. 13) Short-Term Rental Ordinance Enforcement. 14) Discussion On The Ocean Beach Historic District R-Ps4 Zoning Amendment. ACTION: Item No. 1: DEFERRED (MOVE TO PENDING ITEMS). City Clerk's Note: See Item RSB. Item No. 2: DEFERRED (MOVE TO PENDING ITEMS). Item No. 3: The Committee discussed the proposed ordinance briefly. MOTION: Gongora/Libbin(vote 3-0). Send the proposed ordinance to the Planning Board for review and recommendation. City Clerk's Note: Richard Lorber to place on the Planning Board Agenda. Item No. 4: DEFERRED. Item No. 5: DEFERRED. Item No. 6: The Committee discussed the proposed ordinance briefly. Prepared by the City of Miami Beach—City Clerk's Office File Source: F:\CLER\HATL\Folio4.2\aa06012011.doc Page 17 of 49 Afteraction June 1, 2011 City of Miami Beach MOTION: Gongora/Libbin (vote 3-0). Send to the full Commission. City Clerk's Note: Saul Frances to handle. Item No. 7a and 7b: DEFERRED FOR ONE MONTH—TO BE TAKEN AS THE FIRST ITEM ON THE AGENDA ON JUNE 6, 2011. Item No. 8a: MOTION: Gongora/Libbin (vote 3-0) Motion to refer to the Planning Board an amendment to the short-term rental ordinance amending the definition of the required fee from a"certificate of use"to a different nomenclature City Clerk's Note: Richard Lorber to place on the Planning Board agenda. Item No. 8b: MOTION: Gongora/Libbin (vote 3-0) Continue for one month to permit staff to prepare additional analysis of the numbers of possible other properties that might become eligible, and verify that the State application for transient use was erroneously issued as non-transient. Draft ordinance amending addressing 8.a) and 8.b) should come back to the LUDC. City Clerk's Note: Richard Lorber to place on the Land Use and Development Committee Agenda. Item No. 9: MOTION: Gongora/Libbin(vote 3-0)Continue the matter to July 20`h,2011 LUDC meeting in order to permit Mr. Pathman to meet with the FPNA. City Clerk's Note: Richard Lorber to place on the July 20th Land Use and Development Committee Agenda. Item No. 10: DEFERRED. Item No. 11: The Committee requested that staff look further into the general area, and make suggestions for economic revitalization. City Clerk's Note: Richard Lorber to handle. Prepared by the City of Miami Beach— City Clerk's Office File Source: F:\CLER\HATL\Folio4.2\aa06012011.doc Page 18 of 49