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Ordinance 2019-4281 ORDINANCE NO. 2019-4281 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO EXTEND ABATEMENT OF SIDEWALK CAFE PERMIT FEES, INCLUDING ANNUAL PERMIT APPLICATION FEES AND SQUARE FOOTAGE FEES, FOR BUSINESSES PARTICIPATING IN THE CITY'S WASHINGTON AVENUE PILOT PARKLET PROGRAM, WHICH PROGRAM SHALL TERMINATE ON MARCH 31, 2021; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, a parklet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space; and WHEREAS, Mayor's Blue Ribbon Panel for Washington Avenue issued their recommendation on this matter, and the Mayor and City Commission seek to encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor; and WHEREAS, the Mayor and City Commission approved the creation of the Washington Avenue Pilot Parklet Program on December 9, 2015, and therefore; will allow businesses located along Washington Avenue to install parklets for utilization by sidewalk cafes in those public rights- of-way on a temporary basis, subject to certain requirements and criteria; and WHEREAS, Chapter 82 of the Miami Beach City Code authorizes the City to charge restaurants with sidewalk cafes an annual permit fee of$150.00, plus $20.00 per square foot for the sidewalk cafe permit area; and WHEREAS, the Mayor and City Commission desire to abate the sidewalk cafe permit application fees and sidewalk cafe permit fees for the Washington Avenue Pilot Parklet Program, and further encourage those businesses to participate in the Program; and WHEREAS, the Washington Avenue Pilot Parklet Program, with the fee abatement waiver, has been authorized by an Ordinance that has a duration of three years; and WHEREAS, the Program terminated on March 31, 2019, and the Ordinance must be amended to reflect the extended termination date. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 82-382 of Chapter 82 of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * Article IV. Uses In Public Rights-Of-Way * * * Division 5. Sidewalk Cafes * * * Subdivision II. Permit * * * Sec. 82-382. Application. * * * (b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the following information: * * * (9) The annual application shall be accompanied by a non-refundable base application fee as set forth in Appendix A. However, the non-refundable base application fee shall not be required for sidewalk cafe permit applications submitted to the City in conjunction with the Washington Avenue Pilot Parklet Program, which program shall terminate on March 31, 2019 2021. * * * SECTION 2.That Section 82-383 of Chapter 82 of the Miami Beach City Code is hereby amended as follows: Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception. (a) The annual permit fee for operation of a sidewalk café shall be as set forth in appendix A, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). (1) Notwithstanding any other paragraphs or provisions of this article, no square footage fee as required by this section shall be required for the operation of sidewalk cafes north of 63rd Street through and including September 30, 2017. The abatement of sidewalk café square footage fees for businesses north of 63rd Street shall be the subject of a budget analysis and review by the City Administration by September 30, 2017. However, a permit must be obtained, and the annual base application fee required by subsection 82-382(b)(9) shall be paid for the operation of sidewalk cafes north of 63rd Street. (2) No square footage fee as required by this section shall be required for the operation of sidewalk cafés in conjunction with the Washington Avenue Pilot Parklet Program, which program shall terminate on March 31, 2019 2021. 2 SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 the validity of the remaining portions of this ordinance. SECTION 5. 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect the 077 day of , 2019. PASSED and ADOPTED this /7 day of Jury , 2019. ATTEST: 7)-I .Az 19 1szt t9 Dan Gelber Rafael E. Granado Mayor City Clerk (Sponsored by Commissioner Ricky Arriola) Underline denotes additions Strike through denotes deletions Double underline denotes additions made after First Reading denotes deletions made after First Reading APP:• 4 ' AS TO • � iqr UAGE ��' CU 10•%%%%%,) e ., `;/3►1 iq f INCORP ORATED: * l Date +,'4CH 26 3 Ordinances - R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 17, 2019 10:15 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO EXTEND ABATEMENT OF SIDEWALK CAFE PERMIT FEES, INCLUDING ANNUAL PERMIT APPLICATION FEES AND SQUARE FOOTAGE FEES, FOR BUSINESSES PARTICIPATING IN THE CITY'S WASHINGTON AVENUE PILOT PARKLET PROGRAM, WHICH PROGRAM SHALL TERMINATE ON MARCH 31, 2021; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approving the Ordinance on Second Reading Public Hearing. ANALYSIS A parklet is a small park, plaza, or creative public space that is physically installed in an on-street parking space. Parklets are commonly the length of one (1)to two (2) parallel parking spaces or three (3) to four (4) angled parking spaces, however, length may vary according to design and street configuration. They should be implemented at sidewalk elevation (i.e., flush with the sidewalk)to ensure ADA accessibility and pedestrian convenience. In 2015, the Mayor and City Commission sought to encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor. On July 8, 2015, the Mayor and City Commission adopted Resolution No. 2015-29085, accepting the recommendation of the Land Use and Development Committee regarding the creation of a process and criteria for applications for parklets on a temporary basis, and further directing the Administration to develop criteria and a procedure for approval of parklets to be installed on a temporary basis on Washington Avenue between 5th Street and Lincoln Road. Page 431 of 1502 On December 9, 2015, the Mayor and City Commission held a discussion regarding a pilot program to allow business to install temporary parklets along Washington Avenue, between 5th Street and Lincoln Road (the "Pilot Program"). City staff presented the Mayor and City Commission with four options for permit fees per parking space for businesses applying for parklets: (1) an annual fee of $26,280, based on the hourly metered parking rate per parking space; (2) an annual fee of $10,744, based on the average revenue per parking space along the Washington Avenue Corridor per year; (3) an annual fee of $9,125, based on the currently daily parking space rental fee; and (4) an annual fee of$1,200, based on the City's monthly parking permit fee. The Mayor and City Commission elected to proceed with Option 4, an annual fee of$1,200 per parking space, to incentivize participation in the Pilot Program. On December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29244, approving the creation of the Washington Avenue Pilot Parklet Program with a duration of one (1)year. On March 9, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4003, to abate sidewalk café permit fees, including annual permit application fees and square footage fees, for business participating in the Pilot Program. During the discussion on Ordinance No. 2016-4003, the Mayor and City Commission decided to extend the duration of the Pilot Program from one (1) year to three (3) years. On March 9, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4000, to authorize the City Commission to exempt, by resolution, temporary uses in public rights-of-way on Washington Avenue from 6th Street to Lincoln Road, from the City's transportation concurrency requirements. On March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29331, exempting sidewalk cafes and parklets located on Washington Avenue between 6th Street and Lincoln Road from the transportation concurrency requirements of Chapter 122 of the City Code,for the period beginning on March 19, 2016 and ending on March 31, 2017. City Administration is looking to further extend the abatement of sidewalk café permit fees for an additional two (2)years to terminate on March 31, 2021. At its June 5, 2019 meeting, the City Commission read the title of the Ordinance into the record, and made a motion to approve the Ordinance on first reading and to hear the item again on July 17, 2019 for a second reading public hearing. CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing. Legislative Tracking Public Works Sponsor Vice-Mayor Ricky Arriola Page 432 of 1502 ATTACHMENTS: Description © Ordinance Page 433 of 1502