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2009-3645 OrdinanceORDINANCE NO. 2009-3645 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 82-385(1) OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS CODIFIED IN CHAPTER 82, ARTICLE IV, DIVISION 5, SECTIONS 82-366 THROUGH 82-385 OF THE CITY CODE; SAID AMENDMENT ALLOWING SIDEWALK CAFE OPERATORS/PERMITTEES FOR SIDEWALK CAFES ON LINCOLN ROAD MALL TO MAINTAIN TABLES, CHAIRS, AND CLOSED-UP UMBRELLAS WITHIN THE PERMIT AREA WHEN THE CAFE IS NOT IN OPERATION; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. A. That Chapter 82, Article IV, Division 5, Section 82-385(1), of the Code of the City of Miami Beach, Florida, is hereby amended as follows: Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes. **** (I) The stacking or piling up; of chairs shall be prohibited on the right-of-way. On Lincoln Road Mall, stables, chairs and closed-up umbrellas may only remain on the right-of-way (within the permit area) as long as they are placed in an orderly manner. Notwithstanding the foregoing, on Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the right- of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for lunch beginning at 11:OOam. The City will make this determination on two separate times during each permit year. The first determination shall be made on October 1St. with the second determination being made on April 1St of each year. The phrase "open for lunch" shall be defined by the serving of meals to patrons during the lunch hour. If the City determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for lunch on either October 1St or April 1St of a permit year, then the following regulation shall apply to all restaurants on Lincoln Road Mall. T'"~°c °n.J nh~irc rv»~i re.r,.~in co+ ~~n fnr h~~cir~ccc nn cirlo~~i~ll~ . , Any and all other sidewalk cafe furniture including, without limitation, s rolling service stations, service carts, and bussing stations1 may only be maintained in the permit area erg} during hours of operation; provided however, that planters that cannot be readily removed may remain within the permit area subject to the provisions of subsection ~s~ hereof. On Lincoln Road Mall, rolling service stations, service carts, and bussing stations shall not be permitted to be placed within five ~ feet of the walls, columns, or posts of the amides La idus structures, city planters, or in front of other storefronts and/or business establishments. Notwithstanding anything contained in this subsection (I), Tthe city manager may require a permittee to store its tables, chairs and/or umbrellas off of the right-of-way if, in his reasonable judgment and discretion, the city manager determines that the sidewalk cafe permit area and immediately adjacent public right-of-way are not being adequately maintained in accordance with this division. **** B. That a new Section 82-387 is hereby created and added, entitled "Prohibited `No Table' Zones," and providing as follows: Sec. 82-387. Prohibited "No Table" Zones. (a) There shall be no sidewalk cafes permitted and or placed within a section of the 1100 Block of Lincoln Road Mall, between Lenox Avenue and Alton Road; said section as more specifically defined by the following legal description: Land Description: A portion of Lincoln Road Ivinq between Alton Road and Lenox Avenue, as shown on "Commercial Subdivision", according to the plat thereof, as recorded in Plat Book 6, at page 5 of the public records of Miami/Dade county, Florida, being more particularly described as follows: Commence at the southwest corner of Lot 6, Block 39 of said "Commercial Subdivision": Thence south 89'08'55" west along the south line of Block 39 of said "Commercial Subdivision", a distance of 11.20 feet; Thence south 00'51'05" east, a distance of 25.00 feet to the point of beginninq; Thence continue south 00'51'05" east, a distance of 50.00 feet; Thence south 89'08'55" west along a line 25.00 feet north and parallel with the south right-of-wav line of said Lincoln Road, a distance of 190.08 feet; Thence north 00'51'05" west, a distance of 50.00 feet; Thence north 89'08'55" east along a line 25.00 feet south and parallel with the north right-of-wav line of said Lincoln Road, a distance of 190.08 feet to the point of beginninq. Said land situate, lying and being in the City of Miami Beach, Miami/bade County, Florida; containing 9504 square feet, more or less. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect th,e validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish 2009-3645 such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 25th day of July , 2009. PASSED and ADOPTED thisl5th day of July , 2009. ATTEST: YOR Matti Herrera Bower ~~ ~ e~r~ CITY CLERK Robert Parcher T:IAGENDA\2009Wu1y 15\Regular\Sidewalk Cafe Ordinance (Second Reading -Amendment to Section 82-385 (5-22-09)).doc APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION ,~-- ~ .. r3 -o °l r ~~ `~- COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Section 82- 385(L) Of The City's Sidewalk Cafe Ordinance, As Codified In Chapter 82, Article Iv, Division 5, Sections 82- 366 Through 82-385 Of The City Code; Said Amendment Allowing Sidewalk Cafe Operators/Permittees For Sidewalk Cafes On Lincoln Road Mall To Maintain Tables, Chairs, And Closed-Up Umbrellas Within The Permit Area When The Cafe Is Not In Operation; And Further Amending Section 82-387 Of The City's Sidewalk Cafe Ordinance Prohibiting Sidewalk Cafe Tables From Being Placed In APre-Defined Area On Lincoln Road Between Lenox Avenue And Alton Road; Providing For Repealer, Codification, Severability, And An Effective Date Key Intended Outcome Supported: Make City More Business Friendly. Increase Resident Satisfaction with Level of Code Enforcement. Supporting Data (Surveys, Environmental Scan, etc.): 63% of businesses were either very satisfied or satisfied with the fairness and consistency of enforcement of zoning or ordinances by the City of Miami Beach government for businesses. Issue• Shall the Ma or and Ci Commission a rove the Ordinance amendment? item Summa ittecommenaation: SECOND READING PUBLIC HEARING FURNITURE STORAGE FOR SIDEWALK CAFES ALONG LINCOLN ROAD On February 20, 2009 the City received a letter from Michael Larkin on behalf of Da Leo Trattoria (Da Leo) Restaurant requesting for the Sidewalk Cafe Ordinance to be amended to allow sidewalk cafe operators/permittees for sidewalk cafes on Lincoln Road Mall to maintain tables, chairs, and closed up umbrellas within the permit area when the cafe is not in operation (see Attachment 1, Da Leo Letter2-20-2009). On June 10, 2009, the City Commission approved the Ordinance amendment on first reading; however, a motion was made to refer the Ordinance between first and second reading to the Neighborhoods Community Affairs Committee (NCAC) for a review of the percentage of public right-of-way that should be made available on Lincoln Road for storage of sidewalk cafe furniture to sidewalk cafes that are not open for lunch. On June 17, 2009, the NCAC after discussion accepted the City Administration recommendation to limit to a maximum of 20% of the overall square footage of occupancy along Lincoln Road Mall; to do this on a first come first serve basis with the window for acceptance of the application to begin on July 1St of the upcoming fiscal year. PROHIBITED "NO TABLE" ZONE ALONG THE 1100 BLOCK OF LINCOLN ROAD The City has also received a request to amend the Sidewalk Cafe Ordinance to prohibit sidewalk cafe tables and chairs from being placed in apre-defined area on Lincoln Road between Lenox Avenue and Alton Road, as required by the City Commission at their February 14, 2007 City Commission Meeting (see Attachment 2, 1111 Lincoln Road Site Map). The City Commission is in favor of this requirement, since it will maintain public open space and provide direct access between the north and south sides of Lincoln Road in this area. Codifying this requirement in the Sidewalk Cafe Ordinance will allow the City to execute compliance and enforcement responsibilities in that power. This part of the Ordinance amendment was approved on first reading. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE ORDINANCE ON SECOND READING. Adviso Board Recommendation: Nei hborhoods Communi Affairs Committee meetin son Februa 20, 2009 and June 17, 2009 Financial Information: Source of Amount Account Funds: 1 2 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Fernando Vaz uez, Ci En ineer ext 6399 Sign-Offs: Department Director Assistant City n City Manager FHB TH JMG T:WGENDA\2009\July 15\RegularlSidewalk Cafe 2nd Reading Summary oc ,~I~ ~ ~ C~~ LJ {kGENDA ITEM RSG ~ /"'ti, G n DATE ~'~S'O~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 15, 2009 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 82-385(L) OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS CODIFIED IN CHAPTER 82, ARTICLE IV, DIVISION 5, SECTIONS 82-366 THROUGH 82-385 OF THE CITY CODE; SAID AMENDMENT ALLOWING SIDEWALK CAFE OPERATORS/PERMITTEES FOR SIDEWALK CAFES ON LINCOLN ROAD MALL TO MAINTAIN TABLES, CHAIRS, AND CLOSED-UP UMBRELLAS WITHIN THE PERMIT AREA WHEN THE CAFE IS NOT IN OPERATION; AND FURTHER AMENDING SECTION 82-387 OF THE CITY'S SIDEWALK CAFE ORDINANCE PROHIBITING SIDEWALK CAFE TABLES FROM BEING PLACED IN A PRE-DEFINED AREA ON LINCOLN ROAD BETWEEN LENOX AVENUE AND ALTON ROAD; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on second reading. FUNDING Not Applicable. BACKGROUND On February 20, 2009 the City received a letter from Attorney Michael Larkin, on behalf of Da Leo Trattoria Restaurant (Da Leo), requesting the City's Sidewalk Cafe Ordinance to be amended to allow sidewalk cafe operators/permittees for sidewalk cafes on Lincoln Road Mall to maintain tables, chairs, and closed up umbrellas within the permit area when the cafe is not in operation (Attachment 1, Da Leo Letter 2-20-2009). FURNITURE STORAGE FOR SIDEWALK CAFES ALONG LINCOLN ROAD Section 82-385(1) of the Sidewalk Cafe Ordinance requires that restaurants be open for business before 11:00 a.m. in order for the tables and chairs associated with their sidewalk cafes to be kept outside overnight. Da Leo states that it is unable to comply with this requirement because the interior space of the restaurant is too small to accommodate all of its tables, chairs and umbrella stands. While most restaurants on Lincoln Road serve lunch on a daily basis, Da Leo is unable to, since the bulk of the items on Da Leo's menu require a lengthy preparation time and therefore is not capable of offering the degree of quality food their clients demand. More importantly, the preparation time required for their dinner menu requires that their kitchen be dedicated to that Commission Memorandum Sidewalk Cafe July 15, 2009 Page 2 of 3 function when it might otherwise be used to prepare a lunch menu. The City has also noted that other sidewalk cafes, such as La Lupa di Roma, are experiencing similar constraints. Pursuant to a request made by Mayor Bower at the May 13, 2009 Commission Meeting, the proposed amendment was referred to the Neighborhoods and Community Affairs Committee. The proposed amendment was discussed at the May 18, 2009 Neighborhoods and Community Affairs Committee meeting. The Committee voted in favor of the proposed amendment, as long as the tables, chairs and umbrellas are placed in an orderly manner. Also, any and all other sidewalk cafe fumiture, including but not limited to rolling service stations, service carts, and bussing stations, will continue to only be allowed in the permit area during hours of operation. At the June 10, 2009 City Commission meeting, the Ordinance amendment was approved on first reading; however, a motion was made to refer the Ordinance between first and second reading to the Neighborhoods Community Affairs Committee for a review of the percentage of public right-of- way that should be made available on Lincoln Road for storage of sidewalk cafe fumiture to sidewalk cafes that are not open for lunch. PROHIBITED "NO TABLE" ZONE ALONG THE 1100 BLOCK OF LINCOLN ROAD MALL The City has also received a request to amend the Sidewalk Cafe Ordinance to prohibit sidewalk cafe tables and chairs from being placed in apre-defined area on Lincoln Road Mall between Lenox Avenue and Alton Road, as required by the City Commission at their February 14, 2007 City Commission Meeting (Attachment 2, 1111 Lincoln Road Site Map). The City Commission is in favor of this requirement, since it will maintain public space and provide direct access between the north and south sides of Lincoln Road Mall in this area. Codifying this requirement in the Sidewalk Cafe Ordinance will allow the City to execute compliance and enforcement responsibilities. This part of the Ordinance amendment was approved on first reading. ANALYSIS There are currently forty-three (43) existing sidewalk cafe permittees on Lincoln Road, consisting of a total of 45,684 square feet of right-of-way occupancy. Five (5) of the existing sidewalk cafe permittees, approximately 6,746 square feet of occupancy, are only open for business during evening hours. These cafes amount to approximately seventeen (15%) percent of the overall square footage of occupancy along Lincoln Road (see Table 1). Table 1. Sidewalk Cafes Open for Dinner Sidewalk Cafe Address Sauare Footaae La Lupa Di Roma 610 Lincoln Rd. 765 Miami'am 626 Lincoln Rd. 1,715 Da Leo Trattoria 819 Lincoln Rd. 1,584 Meat Market 915 Lincoln Rd. 1,355 Score 727 Lincoln Rd. 1.327 Total Square Footage 6,746 Total Square Footage of all Sidewalk Cafes 45,684 Percentage 15% 2 Commission Memorandum Sidewalk Cafe July 15, 2009 Page 3 of 3 Given that the level of daytime occupancy of empty tables and chairs for evening sidewalk cafes is not prevalent, the Administration recommended at the June 17, 2009 Neighborhoods and Community Affairs Committee that storage for sidewalk cafe furniture in the publicright-of-way for sidewalk cafes that are not open for lunch be limited to a twenty (20%) percent threshold of the overall sidewalk cafe area along Lincoln Road. The Committee after discussion accepted the City Administration recommendation to limit to a maximum of 20% of the overall square footage of occupancy along Lincoln Road Mall; to do this on a first come first serve basis with the window for acceptance of the application to begin on July 1St of the upcoming fiscal year. CONCLUSION The Administration recommends approval of the Ordinance on second reading. Attachments 1. Da Leo Letter 2-20-2009 2. 1111 Lincoln Road Site Map JMG\RCM\FHB\FAV\DW T:\AGENDA\2009Wu1y 15\Regular\Sidewalk Cafe 2nd Reading MEMO.doc 3 Attachment 1 Direct: 305-377-6231 E-Mail: MLarkin(a~BRZoninglaw.com VIA HAND DELIVERY February 20, 2009 Gary Held, Esq. First Assistant City Attorney City of Miami Beach 1700 Convention Center Drive, 4~ Floor Miami Beach, Florida 33139 Re: Proposal Concerning Amendment to Sidewalk Cafe Regulations Dear Gary: This law firm represents Da Leo Trattoria ("Da Leo") regarding various sidewalk cafe, permitting and code issues in the City of Miami Beach (the "City'). As you know, Da Leo has been operating at 819 Lincoln Road for approximately 15 years. It has been operating with a sidewalk cafe permit since the adoption of the original sidewalk cafe regulations. In fact, Da Leo's was the chief advocate for the adoption of the City's sidewalk cafe regulations. This is particularly ironic since these regulations could now harm this pioneer of fine dining on Lincoln Road, an entrepreneurial establishment that has survived bad times in the past and which is now suffering during this current economic downturn. On December 3, 2008, Da Leo was cited by the City's Code Compliance Department for not taking tables, chairs and umbrella stands inside at the close of business, as required by Section 82-384(r), Code of the City of Miami Beach (the "Code"). Section 82-384(r) requires that restaurants be open for business at 11:00 a.m. in order for the tables and chairs associated with their sidewalk cafes to be kept outside overnight. Our review of the legislative history of this language revealed that this particular requirement was added to Ordinance 2007- 3590, the ordinance that amended the sidewalk cafe regulations in 2007, at the conclusion of second reading with little discussion after the public hearing was closed. See Attached Ordinance. Gary Held, Esq. June 29, 2009 Page 2 Although Da Leo acknowledges that the requirement exists, it is unable to comply with the regulation because the interior space of the restaurant is too small to accommodate all of its tables, chairs and umbrella stands. Da Leo does take in all of its chairs, but is unable to accommodate the tables and umbrella stands in its very small indoor area. While most restaurants on Lincoln Road serve lunch on a daily basis, Da Leo does not find it can work with their operation plan, although it does serve brunch on Sundays. Since the bulk of the items on Da Leo's menu require a lengthy preparation time, it is not capable of opening for lunch and offering the degree of quality food their clients demand. More importantly, the preparation time required for their dinner menu requires that their kitchen be dedicated to that function when it might otherwise be used to prepare a lunch menu. Da Leo has been operating in this fashion since its opening 15 years ago. Additionally, La Lupa di Roma on Lincoln is facing a similar constraint. We believe that these are the two affected restaurants on Lincoln Road. Based upon our discussions with City staff, we understand that it may have been the intent of the Commission to use this requirement to clear out space during the day to allow Public Works the ability to have access to and clean these sidewalk cafe permit areas. However, since only two restaurants do not open for lunch this policy goal has not been realized. We do not believe that it was the intent of the Commission to force restaurants without enough interior space to hire storage companies to pick up and redeliver their tables, chairs and umbrellas stands each day. On December 17, 2008, we met with Assistant City Manager, Tim Hemstreet; Zoning Director, Richard Lorber; City Engineer, Fernando Vasquez; Code Compliance Director, Greg Tindle; and Code Compliance Administrator, Jose Alberto, to discuss a possible solution. Subsequently, we met with Mayor Matti Bower and Commissioner Ed Tobin. The Mayor and Commissioner Tobin expressed support for a means of grandfathering existing restaurants that have been and continue to remain closed for lunch. In the alternative, an amendment to the sidewalk cafe regulations may be necessary. There is no question that a municipality has the right to exercise its police power as to zoning in order to promote the general welfare. However, the courts have held that it would be manifestly unjust to deprive the owner of property of a legal use when the ordinance became effective. See City of Aurora v. Burns, 149 N.E. 784 (Ill. 1925) This rule was further addressed in Daoud v. City of Miami Beach, 7 So.2d 585 (Fla. 1942), where the Florida Supreme Court held that a Gary Held, Esq. June 29, 2009 Page 3 lawfully established nonconforming use could continue to exist when a local government had language in its code permitting the retention of nonconforming uses. In the Daoud case, a City of Miami Beach auction hall was allowed to continue to operate following the adoption of an ordinance prohibiting auction halls, even though there was no clause in the prohibiting ordinance grandfathering existing uses. See also Nicholson v. Wyatt, 77 So.2d 632 (Fla. 1955). Similarly, in Richbon, Inc. v. Miami-Dade County, 791 So.2d 505 (Fla. 3d DCA 2001), the Third District Court of Appeal held that a nightclub that had properly obtained an adult entertainment license prior to the adoption of an ordinance prohibiting adult entertainment was "grandfathered" as to the adult entertainment use. Similarly to the facts described in the caselaw, Da Leo held a valid occupational license and certificate of use well before the sidewalk cafe regulations were amended to require the storage of furniture indoors. In addition, they relied upon the validity of their permit when investing in outdoor street furniture. Moreover, Da Leo obtained a variance from the City's Board of Adjustment to serve alcoholic beverages because it does not have the required amount of seats based on limited interior space. Furthermore, Florida courts have held that it is inequitable for a local government to apply a newly adopted regulation to a previously approved property when its effect would be to strip away existing entitlements. See Hernando County v. Leisure Hills, Inc., 689 So.2d 1103 (Fla. 5th DCA 1997) In Hernando County, a developer made significant financial investments on a project relying on the County's conditional plat approval for a project. However, the County subsequently rejected the developer's final plat approval by creating more stringent requirements, effectively halting the development. In the case of Da Leo, the restaurant has made significant investments to its restaurant over the last 15 years and has relied on the City's existing sidewalk cafe regulations in doing so. But the current regulation could have the effect of extinguishing all of their rights because they cannot open for lunch or store the sidewalk furniture as required by the ordinance. Like in Hernando County, the doctrine of equitable estoppel should prevent the City from stripping away Da Leo's rights to operate its business as previously approved and licensed by the City. In addition, the doctrine of commercial impracticability could be applied in this case. Although normally used in contract law, the basic elements of the doctrine apply here. Commercial impracticability applies when performance would cause extreme and unreasonable difficulty, expense, injury, or loss. A Gary Held, Esq. June 29, 2009 Page 4 finding of impracticability excuses a party from performing. See Conner Brothers Const. Co., Inc. v. U.S., 65 Fed. Cl. 657 (2005). By the adoption of its 2007 sidewalk cafe regulations, the City has made it impractical, and virtually impossible, for Da Leo to comply with the specific regulation of storing sidewalk cafe furniture inside. Under the doctrine of commercial impracticability, aparty should be excused from complying with a contract provision, or in this case a regulation, when it is unreasonably difficult and expensive to do so. Here, it is impossible for Da Leo to store all of its its sidewalk cafe furniture in the very limited interior space of the restaurant. In light of the above, we respectfully request a meeting with you to discuss the grandfathering of Da Leo and any other existing Lincoln Road restaurants that are not open for lunch, from the requirement to store sidewalk cafe furniture. Based on the above, we believe that Da Leo should be permitted to continue to operate in the manner which it has for the last 15 years. Thank you for your consideration of this request. Please feel free to contact me should you have any questions or concerns. Sincerely, Michael Larkin MWL/mjm/bl cc: Mayor Matti Herrera Bower Commissioner Ed Tobin A.C. Weinstein, Chief of Staff, Office of the Mayor Greg Tindle, Director, Code Compliance Department Mario Patroni, Partner, Da Leo Trattoria COUSINS SURVEYORS & ASSOCIATES, INC. 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CERTIFICATE OF AUTHORIZATION LB # 6448 PHONE (954) 680-9885 FAX (954) 680-0213 PROJECT NUMBER :5085-04 CLIENT MBEACHI, LLLP LAND DESCRIPTION AND SKETCH LAND DESCRIPTION A PORTION OF LINCOLN ROAD LYING BETWEEN ALTNN ROAD AND LENOX AVENUE, AS SHOWN ON "COMMERCIAL SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 5 OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 39 OF SAID "COMMERCIAL SUBDIVISION"; THENCE SOUTH 89'08'55" WEST ALONG THE SOUTH LINE OF BLOCK 39 OF SAID "COMMERCIAL SUBDIVISION", A DISTANCE OF 11.20 FEET; THENCE SOUTH 00'51'05" EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'51'05" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89'08'55" WEST ALONG A LINE 25.00 FEET NORTH AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID LINCOLN ROAD, A DISTANCE OF 190.08 FEET; THENCE NORTH 00'51'05" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89'08'55" EAST ALONG A LINE 25.00 FEET SOUTH AND PARALLEL WITH THE NORTH RIGHT OF WAY LINE OF SAID LINCOLN ROAD, A DISTANCE OF 190.08 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE COUNTY, FLORIDA; CONTAINING 9504 SQUARE FEET, MORE OR LESS. NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF BLOCK 39 "COMMERCIAL SUBDIVISION", P.B. 6, PG. 5, M/D.C.R. SAID LINE BEARS S89'08'S5"W. I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH" IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION IN MAY, 2009. I FURTHER CERTIFY THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027., FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. FOR THE FIRM, BY: RICHARD E. COUSINS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 4188 REVISIONS DATE FB PG DWN CKD LAND DESCRIPTION & SKETCH D5/12/09 ----- AV REC PROPERTY ADDRESS LAND DESCRIPTION 1 t 11 LINCOLN ROAD & SKETCH FOR LINCOLN ROAD SCALE: N/A "NO TABLE ZONE" SHEET 1 OF 2 D v 3 (D 7 r-r N COUSINS SURVEYORS & ASSOCIATES, INC. 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CERTIFICATE OF AUTHORIZATION LB # 6448 PHONE (954) 680-9885 FAX (954) 680-0213 PROJECT NUMBER :5085-04 CLIENT MBEACHI, LLLP LAND DESCRIPTION AND SKETCH A L T O N R 0 A D WEST UNE -LOT 1 WEST UNE -LOT 12 m 6 ,00.00' o ~r ~ o • N 7C'~ W 4 ~ b 50.00' NOO"51'OS"W EAST UNE -LOT 1 _ _ _ _ _EAST UNE _LOT 12 WEST IJNE -LOT 2 WEST UNE - LO7 11 m ~s ~s r uw a+ u.oo• 1O _ EAST UNE -LOT 11 Z EASE UNE - U1T Z _ _ WEST UNE -LOT 10 WEST 1JHE - SOT 3 - n~ (A C7 Z = W OD ~ _ s m 1P D !O ~ W~ z o ~ O ~s pOp_ O m m ~~ O1 m 01 1~*1 °° ~ t>t r Y l)~ ° a ~ A A rn ~ r t0 ~ A EAST UNE -LOT 3 ~1 _ G) ~ EAST UNE -LOT f0, ~ p ... ST UNE -COT 4- - tA- WEST UNE -LOT 9 s ~ A ~ ~ ~ ~ V1 O to ~ ~ ~ W ~ O A ~ z O< \ ~ m n Co ~ ~ c m n (A A ~ •~ ~ ~ !+ v Z a D _ EAST UNE =LOT 9 tl EAST UNE -LOT 4 _ _ _ _ ~ EST DRE -LOT 5 WEST UNE -LOT 8 Q Fj O ~ ~ H r 4 N ~5 POC +~ POB SOUTHWEST CORNER O1 LOT 6, BLOCK 39 $00"51'05"E 500'51'05"E (P.B. 6, PG. 5, M/D.C.R.) _ _ EIST UNE -LOT 6 50 00• 25.00 ~T ~1NE -LOT 5 _ _ _ WEST UNE LOT 7 $89'08. 5 WEST UNE - LOT fi 11.20 m m 5 100.00' ~ p LEGEND: °r 1O CKD CHECKED 8Y OWN DRAWN BY EASE UNE -LOT 6 FB/PG FIELD BOOK AND PAGE ~T UNE -LOT 7 POB POINT OF BEGINNING POC POINT OF COMMENCEMENT P.B. PLAT BOOK M/D.C.R. MU1M1/DADE COUNTY RECORDS A ARC DISTANCE L E N O X A V E N U E R RADIUS ~ CENTRAL ANGLE REVISIONS DATE FB PG DWN CKD LAND DESCRIPTION t SKETCH DS/12/09 ---- AV REC PROPERTY ADDRESS LAND DESCRIPTION ~~>> LINCOLN ROAD & SKETCH FOR LINCOLN ROAD SCALE: 1 "= 40' "NO TABLE ZONE" SHEET 2 OF 2 .~.. ~ ~°~ (V1~~aIV~~I ~o~ o . '. (v .. - -- ~ Cil NOT~~E OF PUB~1~C HE~~~~ a a NOTICE IS HEREBY given that second readings and public hearings willbe hei>rl by#he;Mayor, and City Commission'of"itie C3ly Sri tv~liami~Beach Floric~a;-n theCommission Chambers. 3rij - _ ~ 4 floor, City Hall, 1700-Cccjnnvention Comer Drive, ~i(Fami 8eac~t, Ftorida; tan ~ilednesda~, Duty '15, 2U09, to consider the followjng. `- - ~~ 10:15 a.m. ~ l ~, k, ~ .., An Ordinance Amending Miami Beach City Code Giaapter>2 Ar~cle III, $eotinn 2-22rTher~eaf' ~ Regarding General Requirements Related To TAemiiershlp On Cit~;Of Miami 13each~s Agencies, • BoarcisAnd~ommittees,l3yAddirigThereto'Subsection'(~I"9~`foProv~leThatAi-L;ar~ge~Appcrr~rraer>t : - _ .: Of $oard 1Jlerribers l'oi=iil,Categories Shall~le By`Separate'~j'ote liar Each Category.: • .Inquiries maybe direr#ed to the City Attorney's Gffice a~ ~~~) 673,E 747Q. °~. ; ~, ). t Cocle Ct,apter 2 ,4~ti~le ~1, , 8Y Adding Section . I An 'ordinance Amending T/liami Beach City 2-27 Ertitled: ~`Coriiissian Committee Draft ,Ml'm~3te~ = Cfty Coiz~mission .~lpprosral,"~ecitf~g ~ ;/ Applicable F~arfiamentar~ Procedure Coneefning Ot#y'Comir'~iissioA Review Afld Aeceptance'L~f • I, • ~ K ~ i Draft Minutes From Csomrnission 'Committee?~leetitlgs' inquiries may be directed'to the City Attorney5~f'ice~ (3i'f5) 67~'7A70. ~.-- ~ - 11:15-a.m. ~ ~ ~ '~ _ ~ - ~ ~. An Ord~nanoe Amending"Chapter 46 Of The,- NliamiBeac11 `City ixode,-Entitted "Envrrcmmetit;" ; .m 8y Arnend'rng Artide'iil, `Entitled °Littbr By Ament~uig Setition 492, Entitled "TThrowing`Litter ~ ~. In Public Places; .Possession Of Giass iD'r~11e;:ai Cn'ti#amecs~On 13~i~ !_Jr{av~#ui; pir-g;Dr Throwing t_itterin Gdtters;'Garbage Containers'Regiairet~ fzir Tak utflesiaurants; Fiet~uttab~ Presumptions; CivilPines for Vplatipns; Seiiut~;'f~'rro~t;'Defini#'i~flitter;" By:Cdar#f~ge. Prptaibitiorrs {3n Litter And Amending The f~fiirilxiorf~f Lr,-Arne ir-g Tare Wines And €'ertai#ies _Ftr A Wol~tion~f Seotidt~~5-9~, And Amending s Reri~itat~.l=i~forcerr~e~ft'`~Ad2 CompGanceiC-~tficers;7~};d~pealirig Division~~Ertt~led'bills,'~BUt tncorpor~ti~g.?~is{isunis Relative To speeeial tviaster~Appeals And Adtlittat~al i+it~r5b'F Enfvecemecat lrttci Section X6-32. (~to~ a`C5) 67 7470. " Inquiries maybe direoted~~o the City Attor .,. 11:+#5 a m: .. An OrdiruinceSAmendfi~g~ection 82-385(L) C9fTh~i/4ty~''~ewailt~afeOrdirrance,.>as~Cnd+#ieci 'Yn Chapter 82 ;Article ]~ ~3ivision 5, Sections 6"z'-'t'F~rttieigh 8'85 ~Of ~'t+ie~~3ty ~cade;Said Amendment lowirig'Siciewalk Cafe Operators~F°errr~i~et~`~'or Sidewafk~Ogfes-On L~t31fi1`ioad Mafl'To ivtairttain Tat~#es,=Chairs, .And Cloeed°~p bref~s'Witta~ lice Pem'~it Ares V'tl9ien'~e', Cafe Is #;laJ.t:ln'Operatioh;.And Closed-Up'NJrribrelias"`The F~rmit Area ~Vtlea ~~ie ~ai~s~s~ ' Noun O}3ar~ioh; A~:ating And Add~ag~aAit~+a~n 828.7, ~r~ttt}ed s~ ' Table' Zon>as;"rAnd;'Slltction (A) Them.. P+f~.ewalkafes ~mm 'Beistt~ Prit#~d' And Placed~n`A Pre-Defined Area On ~e.1'w(~$lock~f~asacoln A3oaii, l~s~piesra'Ica~c~Aveni~e, `And aAltnn~Ataad. .>.. ;;, •-.~ .... Enquiries may be directed to me City Attorney's (3f?fiae ~:~'05) 6~- 747(1 andfor #o -Hre ~~tic ~ .Works Department at :(305) 673-7080. _, .. _ , <. - ,., , 1NTERES'~D °PAFi7TES are invited to appear at #his meeting, ore represented b~ an agent, , ~or to expts'their 'v-ews iri~nrriting addressed'#o'PFfe Crty.~omrcnssiop, clo'#fi~e'Ci#y:~ik,.1~i3D: Conventis~i~ 'C~nter, 'i3rivr, 1st Floor, City #call, t~iliari~i~h, Flyda ~i*38.t6Copies=®f °t#':ese . ;ordiriancbs:are~vaiiat~te'far public insp~ectrcan~li'=d~o~rti>~1 busiess~taur~~:~er{~s Office, 111=Gonverttion Center Drive, 1st Flrsea~ CPty 4i~f, iii Ntia~i Beach, "Florida 33139 This' meeting naay'hie .coi~utuerJ and under such crrt~rm~'~_ ddttil legal notice..wuuld nol be provided.. - " ~ T "a _ r . - _ - °, Rotk~ert ~:'~areher, City filei!4c ~: ~ df't~lydi'riiBeacli . ,~ Citi . , Pursuant to Sectiorj ~s:0105, Fla. Stat., the tirity faere'by€advises the p~tttic that: ff ~ parson decides :to appeal..aiiy .decision made by the City ~ortaraiiss~oe~ ~.. ~ ~ d considered-e# its n~tirag or its hearing, such ~eraren tnt~'t er~ult , the proceedings is -made, which record inoiudes;the+tests~tony.~Zr;~ ~,. ~ `~ ~ appeal isto be based. This notice does not constitute ~cansent by ~ .' i(_ r-~$ir admission pf otherwise inadmissible or irreievant evidsncei nor ~ ~,~ ~r appeals not otherwise aflrfoved by law. ~ ~ r ~ r •~' ` .' ~ ~. ` To ~reque5t this material iri accessible format, sign lartygu~ge~nterpr ~ .. • persons with disabilities,.and/or any accommodationto review anyt,)aa>'~ie~n city=sponsored.proceeding;°.piease contact~3D5) 604-248'}x(voice),?f6'P'~'~'~'1'~"~'"i'q~e"'9d~s. ,an aduance to initiate ~©ur;reguest. TTY users may also call>711 (Fid~icia ly~ervit;~. - ` 3 _ r Ad #S48 1