2002-24736 Reso
RESOLUTION NO.
2002-24736
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, DIRECTING THE ADMINISTRATION TO
PROCEED WITH AMENDING THE SECOND AMENDED
AND RESTATED RULES AND REGULATIONS FOR
BEACHFRONT CONCESSION OPERATIONS RELATIVE
TO BEACH CHAIR DEPLOYMENT, DESIGN GUIDELINES
FOR CONCESSION FACILITIES, AND WA TERSPORT
OPERATIONS, IN ACCORDANCE WITH THE
ADMINISTRATION'S RECOMMENDATIONS CONTAINED
IN THE COMMISSION MEMORANDUM, ATTACHED AS
AN EXHIBIT TO THIS RESOLUTION; FURTHER
AUTHORIZING THE CITY MANAGER TO ESTABLISH AN
AD HOC COMMITTEE TO ESTABLISH GUIDELINES AND
APPLICATION PROCEDURES FOR WA TERSPORT
CONCESSIONS; FURTHER PROVIDING THAT, ONCE
FINALIZED THE AMENDED RULES AND REGULATIONS
FOR BEACHFRONT CONCESSION OPERATIONS BE
BROUGHT BACK TO THE MAYOR AND CITY
COMMISSION FOR ITS CONSIDERATION.
WHEREAS, on September 5, 2001, the City Commission adopted Resolution
No. 2001-24571, approving the Second Amended Rules and Regulations for Beachfront
Concession Operations; and
WHEREAS, on October 17, 2001, the Administration informed the City
Commission of its intent to bring unresolved issues relative to beach chair deployment,
design guidelines for concession facilities, and watersport operations back to the City
Commission on November 28, 2001; and
WHEREAS, on November 28, 2001, the City Commission deferred the item
pending final recommendations from the Greater Miami and the Beaches Hotel
Association (Hotel Association); and
WHEREAS, on January 16, 2002, the Administration met with members of the
Hotel Association, and other hoteliers and upland owners, to conclude discussions and
finalize recommendations on the unresolved relative issues.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, direct the Administration to proceed
with amending the Second Amended and Restated Rules and Regulations for
Beachfront Concession Operations relative to beach chair deployment, design
guidelines for concession facilities, and watersport operations, in accordance with the
Administration's recommendations contained in the Commission Memorandum,
attached as an exhibit to this Resolution; further authorizing the City Manager to
establish an ad hoc committee to establish guidelines and application procedures for
watersport concessions; further providing that, once finalized the amended Rules and
Regulations for Beachfront Concession Operations be brought back to the Mayor and
City Commission for its consideration.
PASSED and ADOPTED this 30th
of
ATTEST:
-~~ ~~
CITY CLERK
F:\CMGRIAGENDA\2002\JAN3002\REGULARIBCHRLAMD,RES,doc
APPROVED AS TO
FORM" LANGUAGE
"FOR EXECUTION
//
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January
,2002.
CURRENT STAFF
DESIGN GUIDELINES
Exhibit 1
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DESIGN STANDARDS
1. Concession Facility Design Standards
a, Storage facilities for lounge chair pads, umbrellas, and sun canopies
1. Storage facilities shall be equipped so as to be fully mobile via trailer or other
towing mechanism incorporated internally, for immediate removal from the
beach upon demand by the City, or in cases of mandatory emergency
evacuation, Skids shall not be used if the concession facilities are to be
towed.
H, Plans for concession and storage facilities should include accurate
dimensions and scale,
HI. Storage facilities shall be designed for the horizontal storage of chaise lounge
pads, umbrellas and similar items and shall not exceed a maximum size of
eight feet (8'_0") in length, four feet (4'_0") in width and an overall height of
four feet (4'-0") above the sand.
lV. Storage facilities shall be designed and detailed in a manner appropriate to
the unique beach environment inclusive of construction materials, finishes
and color, subject to the review and approval of Design Review staff,
v, Skids shall nQ1 be used if the storage facilities are to be towed.
Vl. No signage shall be permitted on storage facilities, except a discreetly located
plaque measuring four inches by six inches (4" x 6"), identifying the
Concessionaire's name, address and telephone number.
b. Concession facilities for the rental of beach equipment, and/or watersports, and/or
the sale or distribution of food and/or beverages (non-alcoholic beverages only),
1. Concession facilities shall have a maximum floor area of sixty-four (64)
square feet with exterior dimensions not to exceed nine feet (9'_0") in height
from the sand to the eave line (i,e., the intersection of the roof and the
exterior walls), Architectural projections above the eave line may not exceed
twelve feet (12'-0") in height from the sand (i,e., roof and roof related
architectural elements), with the exception of poles or masts for signage
banner/ pennants attached to the facility, which shall not exceed fourteen feet
(14'-0") in height from the sand,
11. All facilities shall be designed to preserve vistas and shall be fully open from
(42") inches above the finished floor deck to eight feet (8'-0") above the sand,
with the exception of structural columns or posts, and a contiguous maximum
of 25% of its overall perimeter dimension.
F:\DDBP\$ALL\ASSET\DESIGN.R&R
Septambe~ 28, 1999
111. Any security side panels that may be used as shade devices shall be fully
supported from the structure itself and shall not contain independent vertical
support columns to the sand,
IV. All building construction materials and finishes shall be appropriate to and
consistent with the unique beach environment, subject to the review and
approval of Design Review staff.
v. All concession facilities shall be designed so as to facilitate their immediate
removal from the beach at the end of each day, or removal upon demand by
the City.
VI. Seating areas inclusive of tables and chairs shall not be permitted in or
around the structure,
vii. Signage shall consist of only a fabric bannerl pennants only, which may be
attached either to a single mast or span between two (2) poles which are
directly attached to the structure itself. The size of the banner/ pennant shall
not exceed ten (10)square feet. The overall dimensions, wording, color,
placement, design, and mounting systems for said banner/ pennant shall be
subject to the review and approval of Design Review staff. The wording on
the banner shall be generally limited to the name of the concessionaire and
the primary establishment service.
VI11, Exterior surface colors and finishes shall be appropriate to the design of the
structure, as well as the surrounding beach environment, subject to the review
and approval of Design Review staff.
c. General Restrictions
1. Umbrella Signage: shall be restricted to the valance area with letters no more
than three inches in height and copy limited to the name of the upland
property (e,g. hotel name).
11, Sun Canopies: shall be restricted to the tanning zone (Zone 3) west of the
lifeguard stands and shall not exceed (4'-0") in height above the sand.
d, Design Review Application Requiremen~s (Planning Department)
1. A one hundred dollar ($100) application fee shall be required for the review
of plans for concession facilities and storage facilities.
11. Four (4) copies of the site plan or survey (11" x 17"format) showing the
proposed dimensional locations of the facilities on the beach.
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28. 1999
111. Four (4) copies of floor plan, roof plan (concession facility only), all
elevations, building section and detail drawings (11" x I7"format).
IV. Color samples of every color to be used (except white), keyed to the four (4)
wall elevations,
v. Finish and materials samples (if requested by Design Review staff during the
course of the review).
e. The State of Florida Department of Environmental Protection reserves the right to
review and permit all structures, including concession facilities and storage facilities,
pursuant to Section 161.56 of the Florida Statutes
F:\DDHP\$ALL\ASSET\DESIGN.R&R
September 28, 1999
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
Resolution directing the Administration to proceed with amending the Second Amended and Restated
Rules and Regulations for Beachfront Concession Operations relative to beach chair deployment, design
guidelines for concession facilities, and waters port operations, in accordance with the Administration's
recommendations,
Issue:
Amendments to the current Rules and Regulations for Beachfront Concession Operations relative to beach
chair deployment, design guidelines for concession facilities, and watersport operations, These issues
were not previously address in previous versions of the Rules and Regulations for Beachfront Concession
Operations,
Item Summary/Recommendation:
Proceed with amending the Rules and Regulations in accordance with the Administration's recommendations
contained in the Commission Memorandum, Further, authorizing the City Manager to establish an ad hoc
committee to establish guidelines and application procedures for watersport concessions. Once finalized,
item to be brought back to the Mayor and City Commission for its consideration,
Advisory Board Recommendation:
Beach Preservation Committee - July 10, 2001 - see attached memorandum
Design Review Board - October 16,2001 - see attached memorandum
Greater Miami and the Beaches Hotel Association - January 16, 2002 - see attached memorandum
Marine Authority - July 10, 2001 - see attached memorandum
Financial Information: N/A
Amount to be expended:
D
Finance Dept.
Source of
Funds:
T:\AGENDA\2002\JAN3002IREGULARIBCHRLAMD,5UM.doc
AGENDA ITEM
DATE
R7G-
/-3o-o~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl,us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
DATE: January 30,2002
Jorge M. Gonzalez ,,,~~
City Manager () v- - 6
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE ADMINISTRATION TO
PROCEED WITH AMENDING THE SECOND AMENDED AND RESTATED
RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS RELATIVE TO BEACH CHAIR DEPLOYMENT, DESIGN
GUIDELINES FOR CONCESSION FACILITIES, AND WATERSPORT
OPERATIONS, IN ACCORDANCE WITH THE ADMINISTRATION'S
RECOMMENDATIONS CONTAINED IN THE COMMISSION
MEMORANDUM, ATTACHED AS AN EXHIBIT TO THIS RESOLUTION;
FURTHER AUTHORIZING THE CITY MANAGER TO ESTABLISH AN AD
HOC COMMITTEE TO ESTABLISH GUIDELINES AND APPLICATION
PROCEDURES FOR WATERSPORT CONCESSIONS; FURTHER
PROVIDING THAT, ONCE FINALIZED THE AMENDED RULES AND
REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS BE
BROUGHT BACK TO THE MAYOR AND CITY COMMISSION FOR ITS
CONSIDERATION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On July 25, 2001, the Administration presented a proposal to amend the Rules and
Regulations for Beachfront Concession Operations (Rules and Regulations), At that time,
certain hoteliers expressed concerns over the proposed design guidelines as they relate
to storage facility size, and to newly raised issues related to the deployment and placement
of beach chairs and umbrellas. In response to said concerns the Mayor and City
Commission deferred the matter and directed the Administration to meet with hoteliers and
concessionaires and address those concerns,
On August 14, 2001, a workshop was held with members of the Greater Miami and the
Beaches Hotel Association (Hotel Association) and other hoteliers and upland owners. At
said workshop, the Administration provided options related to storage facility design, chair
t
deployment, and the watersport moratorium, for purposes of discussion, which included
recommendations previously received from the Marine Authority, Beach Preservation
Committee and the Business Resolution Task Force. After much discussion, the Hotel
Association members recommended the following:
. Storage facilities to be of the upright variety (approx, 8' high x 8' wide x 10' long) to
provide for reduction in number of storage facilities and allow for maximum preservation
of equipment.
· Chair deployment should not be limited nor restricted and be left to the sole discretion
of concessionaires to allow for greatest flexibility and provide for optimum service to
beach patrons.
. No consensus was reached on the Watersport issue and the matter was referred to a
sub-committee meeting that was scheduled to meet on September 14, 2001, This
meeting was cancelled and rescheduled for September 28, 2001, and once again
cancelled and rescheduled for October 22, 2001,
On October 22, 2001, the Administration provided several options, for discussion
purposes, After much discussion the Hotel Association recommended, and the
Administration concurred, that the following option be further explored and that the
results be brought back at a future meeting.
. That a site plan be developed reflecting all existing watersport concession
channels:
. including delineation of an 800 linear foot (or greater if deemed appropriate to
ensure safety concerns are addressed) buffer to the north and south of each
existing watersport channel, and
. including the location of all existing lifeguard stands and the respective 400
linear foot buffer zone required by the Rules and Regulations, in order to
determine the viability of lifting the moratorium and exploring the possibility of
expanding the number of watersport channels.
Additionally, City Design Review staff reviewed the guidelines with respect to facilities for
cooking and heating and facilities for storage of equipment. Staff recommended that the
design guidelines be referred for full Design Review Board (ORB) comments and
recommendations, As such, the matter was forwarded to the ORB and was discussed and
deferred at its September 14, 2001 meeting. The ORB revisited the matter at its October
16,2001 meeting to:
1. Evaluate and provide recommendations regarding the existing Design Guidelines for
Beachfront Concession facilities used by staff to approve concession facilities.
2. Evaluate and provide recommendations regarding food and beverage dispensing
facilities that may include cooking and heating equipment.
3. Evaluate and provide recommendations regarding food and beverage dispensing
facilities that do not include cooking and heating equipment.
4. Evaluate and provide recommendations regarding facilities for storage of umbrellas and
chair pads:
. As provided in the existing guidelines (4'x4'x 8'horizontal units).
. As proposed by hoteliers and upland owners (8' x 8' x 10' vertical units).
On November 28, 2001, the City Administration informed the Mayor and City Commission
of its intention to bring unresolved issues related to chair deployment, storage facility
design, and watersport moratorium back to the City Commission on January 30, 2001,
Since November 28, 2001, many upland owners expressed concerns regarding their
exposure to additional liability associated with beachfront concession operations, especially
with regard to watersports. These same upland owners expressed a desire to sub-
contract with a third party to operate its beachfront concession, and have inquired whether
the required insurance could be provided by said third party. After discussions with the
City's Risk Management Office and City Attorney's Office it was determined that insurance
from a third party sub-contractor (sub-concessionaire) would be acceptable as long as the
City is named as an "additionally insured party" and "certificate holder".
On January 16, 2002, the Administration met with members of the Hotel Association, and
other hoteliers and upland owners to conclude discussions and finalize recommendations
on the outstanding issues. Below please find the results of this meeting and a summary
of previous recommendations from the other City Committees, Boards, staff, and
Administration:
BEACH CHAIR DEPLOYMENT
(seaward of privately owned beachfront properties)
Currently the only regulations for chair deployment is governed by the site plan submitted
as part of the Beachfront Concession application, which specifies layout and the number
of chairs. There are currently no regulations governing the maximum number of permitted
chairs, or maximum number of non-rented chairs that may be placed on the beach
seaward of privately owned property.
RECOMMENDATIONS
Beach Preservation Committee Initial setting not to exceed 60 chairs
Empty chairs not to exceed 10% of set-up
Upon 90% occupancy of set-up, add as needed
Placement minimum of 60' west of water line
50% beach frontage unencumbered
Design Review Board 50% beach frontage unencumbered
Hoteliers/Upland Owners Discretion to deploy as deemed necessary to ensure
service to their guests
City Administration Recommends:
In light of the September 11 tragedy, its impact on the local economy, and the continued
erosion of many of our beaches, the City Administration considers that it would be
unadvisable to impose additional restrictions on chair deployment at this time. Additionally,
it is recommended to allow for certain differences between this policy and that used on
beaches seaward of public parks (such as Lummus) because beach frontage seaward of
hotel sites are significantly smaller in size.
The City Administration recommends that Hoteliers/ upland owners be given the flexibility
to determine a chair deployment schedule,
The City deems it can prevent abuse of these relaxed conditions, as it would still retain
control over the approval of the site plan and in extreme cases may exercise its right under
the 30 day cancellation provision to terminate abusers.
CONCESSION FACILITIES
(seaward of privately owned beachfront properties)
At the time the Second Amended and Restated Rules and Regulations were adopted,
design standards were not included, The Mayor and City Commission referred the existing
staff level design guidelines (see Exhibit 1) to the City's Design Review Board for their
review.
The existing staff level design guidelines provide for service dispensing facilities to be no
larger in area than sixty-four (64) square feet and storage facilities to be no larger in area
than thirty-two (32) square feet with a maximum height of four (4) feet (horizontal variety).
RECOMMENDATIONS
Beach Preservation Committee Existing guidelines should be formally adopted, including
storage facilities of 4' wide x 8' long x 4' high (horizontal).
Design Review Board Existing guidelines should be formally adopted, including
storage facilities of 4' wide x 8' long x 4' high (horizontal)
Dual purpose dispensing/storage facilities (64 sq. ft.)
acceptable subject to staff approval
Any facility measuring over 64 square feet in size should
require DRB review and approval.
State of Florida More amenable to 4' wide x 8' long x 4' high (horizontal)
storage facilities
Hoteliers/Upland Owners Allow for 8' wide x 10' long x 8' high storage
facilities(vertical) for the following reasons:
. Umbrellas/pads keep better (less mold/mildew)
. Less containers required (1 vertical vs. 5 horizontal)
City Administration Recommends:
Dual-purpose dispensing/storage facilities are permissible if approved by design review
staff, For example, an 8' wide x 8' long x 10' high, dual-purpose facility used for dispensing
services during the day may be used for storage of umbrellas and chair pads overnight.
These type of facilities have already been approved for use on the beaches seaward of
Lummus Park, a publicly owned property.
In light of the permissibility of the dual purpose dispensing/storage facility, the City
Administration supports the recommendations made by the City's Beach Preservation
Committee and Design Review Board which would require that storage containers be of the
horizontal variety (4' high x 4'wide x 8' long), but further recommends that any existing
vertical storage facility as exists at the Fontainebleau, Loews and the National Hotels, be
"grandfathered in".
WA TERSPORT CHANNELS AND MORATORIUM
ISSUE: How do we equitably address application/permitting process with expansion, and:
. Maintain safe beach environment
. Minimize proliferation, both beachside and waterside.
. Maintain minimum distance separations between channel and designated swim zones
OPTIONS
Option 1:
. Grandfather existing locations seaward of privately owned,
. Minimum required beach frontage and distance separations between channels would
be established for new applicants.
. Upland properties could collectively apply and choose where channel would be
located.
. Applications would be received first come first served.
. Applicants would be screened to see if they minimum distance separations between
channel and designated swim zones.
Option 2:
. Relocate existing operators to nearest beachfront seaward of public property (street
ends)
. Existing concessionaires could be relocated to closest street-end,
. Agreement(s) for a 5 year term would be entered into,
. At end of term, competitive bidding would be pursued.
(This option would provide existing operators an opportunity to remain for a reasonable
period of time, and would provide for a competitive bid process in the future, while
providing continued service to the existing upland properties' patrons since operation
would be in the proximity to respective upland property
Option 3 (proposed at workshop):
. Grandfather existing locations seaward of privately owned uplands and relocate
and/or discontinue operation of any channel that is in violation of the Rules and
Regulations by being too close to a lifeguard stand.
. Establish an ad hoc committee comprised of one member of the Marine Authority,
one member from the Beach Preservation Committee, one member from Beach
Patrol, one member from Asset Management, and three "non conflicted"
hoteliers/upland owners to establish guidelines and application procedures for
watersport applicants.
RECOMMENDATIONS
Beach Preservation Committee Do not lift Moratorium
No watersport channels south of 15th Street
Marine Authority Do not lift Moratorium
No watersport channels south of 15th Street
Business Resolution Task Force Moratoriums not meant to be permanent
City should address matter comprehensively
Hoteliers/Upland Owners Recommended the Option 3 above
City Administration Recommends:
. Option 3, and
. To forward a request to the Marine Authority, Beach Preservation Committee, Beach
Patrol, Asset Management, and Hotel Association to appoint committee members,
. To set time-line for Committee to meet and establish guidelines and application
procedures.
. That the four existing locations (121 Ocean, 1701,2001 and 3025 Collins) that are
not in compliance come into compliance.
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, direct the Administration to proceed with amending the Second Amended
and Restated Rules and Regulations for Beachfront Concession Operations relative to
beach chair deployment, design guidelines for concession facilities, and watersport
operations, in accordance with the Administration's recommendations contained in the
Commission Memorandum, attached as an exhibit to this Resolution; further authorizing
the City Manager to establish an ad hoc committee to establish guidelines and application
procedures for watersport concessions; further providing that, once finalized the amended
Rules and Regulations for Beachfront Concession Operations be brought back to the
Mayor and City Commission for its consideration.
JMG:C~JD:rlr
F:\CMGRIAGENDA\2002\JAN3002\REGULARIBCHRLAMD,MEM,doc