Ordinance 2021-4427 ORDINANCE NO. 2021-4427
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, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," BY
AMENDING SECTION 82-382, ENTITLED "APPLICATION,"AND SECTION 82-
383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW
OF FEE; EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY
CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET PROGRAM,"
TO CREATE A SIDEWALK CAFÉ PARKLET PROGRAM, ESTABLISH THE
SCOPE OF THE PROGRAM, PROVIDE FOR DESIGN GUIDELINES, IDENTIFY
PERMITTED PARKLET AREAS, PROVIDE FOR AN APPLICATION, SITE
PLAN, AND FEES, INCORPORATE THE PROVISIONS OF THE SIDEWALK
CAFÉ ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO
ESTABLISH A BASE PARKLET APPLICATION FEE AND AN ANNUAL PEW
SQUARE-FOOT PER-PARKING SPACE PARKLET FEE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, a parkiet is a small park, plaza, or creative public space that is physically
installed or constructed in an on-street parking space; and
WHEREAS, the Mayor and City Commission desire to amend the Sidewalk Café
Ordinance, set forth in Chapter 82, Article IV, Division 5 of the City Code, to permit sidewalk cafés
to operate in parklets on City rights-of-way along Washington Avenue, between 6th Street and
Lincoln Road, and in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to
the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard
to the south).
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 82 of the City Code is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV, USES IN PUBLIC RIGHT OF WAY
* * *
DIVISION 5. SIDEWALK CAFES
* * *
Subdivision II. Permit
Sec. 82-382. Application.
(9) The annual application shall be accompanied by a nonrefundable base application fee
as set forth in appendix A hereof. -- _ - - ._ _ - _- • - _. -- . •- . *-
31, 2021. Aosiitionallah Notwithstanding the foregoing. the nonrefundable base
application fee shall not be required for sidewalk café permit applications submitted to
the city for businesses on Washington Avenue from 6th Street to Lincoln Road, for the
period ending on September 30, 2021.
* * *
Sec. 82-383. Permit fee; penalties for late payment; review of fee; exception.
(a) The annual permit fee for operation of a sidewalk café shall be as set forth in appendix A
hereof, and shall be based on a per square foot calculation .of permitted sidewalk area
(including the area between the tables and chairs).
* * *
(2) ' e - -- - -- - - " - -e .. -e - • - - • - - -e .. -e -- . .e • -
• - .. - A - No square footage fee as
required by this section shall be required for the operation of sidewalk cafés on
Washington Avenue, from 5th Street to Lincoln Road, for the period ending on
September 30, 2021.
Sec. 82-390. Parklet Program.
,(a] Definition. The term parklet shall mean a sidewalk café (as defined in this division) that is
physically installed in an on-street parking space or, as may be approved by the public
works director within the director's sole discretion, in a portion of a street.
() Scope of program. Eligibility to apply for and obtain a parklet permit shall be limited to
restaurants located (i) along Washington Avenue, between 6th Street and Lincoln Road,
and (ii) in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to the
west, 20th Street and the waterway to the north, Alton Road to the east, and Dade
Boulevard to the south). An applicant is not required to hold an existing sidewalk café
permit under this division in order to apply or be eligible for a parklet permit.
() Design guidelines. The operation of a parklet shall at all times be consistent with the City's
Parklet Design Guidelines, as may be adopted or amended by resolution of the City
Commission.
() Permitted parklet area. The area of each parklet shall be limited to a maximum of two on-
street parking spaces fronting the permittee'srestaurant business, as depicted on the
permit application, subject to the requirements set forth in the Parklet Design Guidelines.
Parklets shall be restricted to restaurant frontages where on-street parking spaces exist
along the curb line; and any other portion of a street, as may be approved by the public
works director. Applications for parklets in angled parking spaces shall be evaluated by
the public works director on a case-by-case basis.
Lei Application and site plan. In addition to the sidewalk café permit application requirements
set forth in section 82-382, each parklet permit application shall include a site plan signed
and sealed by a duly licensed architect or engineer which accurately depicts the layout
and dimensions of the parklet area including buffers and barriers; the proposed location,
size,' and number of tables, chairs, umbrellas, and any other furniture; the location of
doorways, steps, trees, and/or landscaped areas,fountains, parking meters,fire hydrants,
utility infrastructure, bus shelters, directory/kiosks, public benches, trash receptacles, and
any other existing public fixtures, furnishings and/or other obstruction(s) within the
proposed parklet area. The site plan shall be approved by the city manager prior to the
issuance of a parklet permit and shall be consistent with the Parklet Design Guidelines,
and the permit shall be specifically limited to the area shown on the approved site plan.
Each parklet shall be installed on a raised platform, flush with the adjacent sidewalk.
LI) Fees.
(1) Application fee. Each parklet application,which must be submitted each year, shall
be accompanied by a nonrefundable base application fee as set forth in appendix
A to this Code.
(2) Annual permit fee. The annual permit fee for operation of a parklet shall be as set
forth in appendix A and shall be based on a per-parking space
calculation for each par4reing=spaee parklet_
(g) Applicability of Sidewalk Café Ordinance. Except as otherwise provided in this section,
each parklet permittee shall at all times abide by the provisions of this division, including
without limitation, the sidewalk café code of conduct (set forth in section 82-389), all
enforcement and penalty provisions, and the criteria for permit renewal, all of which shall
be incorporated by reference in each parklet permit.
Hurricanes and major weather events. In addition to the provisions of section 82-381, upon
written and/or verbal notification by the city manager of a hurricane or other major weather
event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs
first, the permittee shall, within no more than four hours, promptly secure each parklet
platform pursuant to the permittee's Hurricane Preparedness Plan submitted as part of the
parklet application, as approved by the public works director, unless such platform was
designed, constructed, and installed to withstand hurricane-force winds (as approved by
the public works director).
D) Removal. As a condition of obtaining a parklet permit, each permittee shall agree in writing
that the city manager may cause the immediate termination,suspension, closure, removal,
relocation and/or storage of all or part of a parklet operation and/or parklet furniture in
those circumstances where the city manager determines it reasonably necessary for the
protection of the public health, safety, or welfare.
Secs. 82 390 82 /110. Reserved.
SECTION 2.
Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as set forth in
"Exhibit A" to this Ordinance.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same 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 7 day5021.
PASSED and ADOPTED this 21 day of 7441 , 2021.
ATTEST:
N/ .1Z Z�-j Dan Gelber, Mayor
Rafael E. Granado, City Jerk
APPROVED AS TO FORM AND
=� ?i •` ,, LANGUAGE AND FOR EXECUTION
(Ii51; ONATED' 7 Z—Z)
46,. n...;fig
o City Attorney 3 Date
CN..�
Underline denotes additions
Double underline denotes additions after First Reading
denotes deletions after First Reading
(Sponsored by: Commissioner Ricky Arriola)
EXHIBIT "A"
AMENDMENTS TO FEE SCHEDULE
Chapter 82. Public Property
* * *
Article Ill. Use of Public Property
* * *
Division 5. Sidewalk Cafes
* * *
82-390 Base parklet application fee 750.00 fAI
Annual parklet fee, per 28
82-390 parking spaces, per day
34.00
* * *
Agenda ItemSA
Date 7-9841
Ordinances - R5 A
MIAMI BEACH
COMMISSION
MEMORANDUM
TO: Honorable Mayor and Members of the City
Commission
FROM: Alina T. Hudak, City Manag • ) 1
DATE: July 28, 2021
10:05 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, FLORIDA, ENTITLED
"PUBLIC PROPERTY," ARTICLE IV, ENTITLED "USES IN PUBLIC
RIGHTS-OF-WAY," DIVISION 5, ENTITLED "SIDEWALK CAFES,"
SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-
382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED
"PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE;
EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY
CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET
PROGRAM," TO CREATE A SIDEWALK CAFE PARKLET PROGRAM,
ESTABLISH THE SCOPE OF THE PROGRAM, PROVIDE FOR
DESIGN GUIDELINES, IDENTIFY PERMITTED PARKLET AREAS,
PROVIDE FOR AN APPLICATION, SITE PLAN, AND FEES,
INCORPORATE THE PROVISIONS OF THE SIDEWALK CAFE
ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX"A"TO THE CITY CODE, ENTITLED "FEE SCHEDULE,"TO
ESTABLISH A BASE PARKLET APPLICATION FEE AND AN
ANNUAL PER SQUARE FOOT PER-PARKING SPACE PARKLET
FEE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission (1) accept the
recommendation of the Land Use and Sustainability Committee("LUSC")to continue
to permit expanded outdoor seating along Washington Avenue on a more permanent
basis, and to include the Sunset Harbour neighborhood; (2) approve the attached
Ordinance on Second Reading Public Hearing, which Ordinance codifies the
sidewalk cafe parklet program, incorporates existing requirements for sidewalk
cafes, and creates additional requirements specific to parklets.
BACKGROUND/HISTORY
A parklet is a small park, plaza, or creative public space that is physically installed or
constructed in an on-street parking space.
In 2015, the Mayor's Blue Ribbon Panel for Washington Avenue recommended that
the City Commission encourage the establishment of parklets along Washington
Avenue, in order to stimulate economic development and further activate the
Washington Avenue corridor.
The Mayor and City Commission approved the creation of the Washington Avenue
Pilot Parklet Program ("Pilot Program") on December 9, 2015, allowing businesses
located along Washington Avenue to install parklets for utilization by sidewalk cafes
in on-street parking spaces on a temporary basis, subject to certain requirements
and criteria. In order to encourage restaurants to participate in the Pilot Program, the
Mayor and City Commission amended the City Code to abate sidewalk cafe permit
application fees and per-square-foot permit fees for sidewalk cafe operators that
participated in the Pilot Program.
The abatement was extended for a total duration of three (3) years. The Pilot
Program was originally scheduled to terminate on March 31, 2019. On July 17, 2019,
the City Commission adopted Ordinance No. 2019-4281, extending the duration of
the Pilot Program through March 31, 2021.
On January 20, 2021, the LUSC held a discussion regarding sidewalk cafes and
parklets in the Sunset Harbour neighborhood. The LUSC members recommended
that parklets for sidewalk cafe seating continue to be permitted, and recommended
that staff draft an Ordinance to make the program permanent.
On June 23, 2021, a First Reading to the Ordinance was read into the record and
approved by the City Commission. A Second Reading Public Hearing was
scheduled on July 28, 2021, along with a request from the Commission members to
the Administration to present a proposed Parklet Design Guideline to the scheduled
City Commission for final approval.
During a preliminary virtual outreach with representatives from the Sunset Harbour
Neighborhood Association (SHNA), SHNA members requested that hours of
operation for all outdoor seating conclude at 12 midnight. At a preliminary virtual
outreach with the Washington Avenue BID (WAVE), WAVE representatives were
supportive of the program as a whole.
Staff held a virtual public meeting on Monday, July 19, 2021, at 5:30PM. During the
meeting, the proposed parklet program overview was presented. There were
approximately 32 signed on/call-in attendees. At the meeting, a Sunset Harbour
business owner requested that hours of operation remain past midnight as is today.
The Administration will present a proposed Parklet Design Guideline to the
Commission for adoption by resolution concurrently at second reading of this
ordinance. In addition, there is a recommendation to establish a base parklet
application fee and an annual per-parking space parklet fee. Language has also
been amended to clarify that the applicant will not be required to hold an existing
sidewalk café permit in order to apply or be eligible for a parklet permit.
ANALYSIS
Following the World Health Organization declaration of the COVID-19 pandemic on
March 11, 2020, Miami-Dade County and the City of Miami Beach issued a number
of Emergency Orders that temporarily closed and/or imposed restrictions on public
and private facilities, including temporary closures, occupancy limits, and other
restrictions applicable to restaurants.
The foregoing restrictions greatly limited economic activity in the City of Miami
Beach, and adversely impacted City businesses, including restaurants. On May 13,
2020, the City Commission adopted Resolution No. 2020-31276, creating the
Restaurant Recovery Outdoor Seating Program ("Outdoor Seating Program"), in an
effort to encourage businesses to reopen and promote economic recovery, while
safeguarding the public's health and safety.
The Outdoor Seating Program, which has been extended through September 30,
2021 (pursuant to Resolution No. 2021- 31632), permits restaurants to expand their
footprint to promote social distancing and activate the public realm. The attached
Ordinance has been drafted to implement the LUSC's recommendation to continue
to permit parklets along Washington Avenue, between 6th Street and Lincoln Road,
and include Sunset Harbour on a more permanent basis.
The Ordinance creates a Parklet Program, establishes the scope of the Program,
provides for Parklet Design Guidelines, identifies permitted parklet areas, provides
for an application, site plan, and fees, incorporates provisions of the Sidewalk Cafe
Ordinance, and provides for removal.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of
the City show that 73% of residents rated the overall image of the City as very
satisfied/satisfied. In order to continue maintaining excellent standards in this area,
the City recommends that the City Commission approve the Ordinance on Second
Reading Public Hearing.
CONCLUSION
The Administration recommends that the City Commission (1) accept the
recommendation of the Land Use and Sustainability Committee("LUSC")to continue
to permit expanded outdoor seating along Washington Avenue on a more permanent
basis, and to include the Sunset Harbour neighborhood; (2) approve the attached
Ordinance on Second Reading Public Hearing, which Ordinance codifies the
sidewalk cafe parklet program, incorporates existing requirements for sidewalk
cafes, and creates additional requirements specific to parklets.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and
quality entertainment destination.
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
D Ordinance
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 28, 2021
10:05 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, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT,"
BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND
SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE
PAYMENT; REVIEW OF FEE; EXCEPTION," TO REPEAL OUTDATED
PROVISIONS;AND BY CREATING SECTION 82-390 THEREOF, ENTITLED
"PARKLET PROGRAM," TO CREATE A SIDEWALK CAFE PARKLET
PROGRAM, ESTABLISH THE SCOPE OF THE PROGRAM, PROVIDE FOR
DESIGN GUIDELINES, IDENTIFY PERMITTED PARKLET AREAS,
PROVIDE FOR AN APPLICATION, SITE PLAN, AND FEES,
INCORPORATE THE PROVISIONS OF THE SIDEWALK CAFE
ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING
APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO
ESTABLISH A BASE PARKLET APPLICATION FEE AND AN ANNUAL PER-
SQUARE FOOT PER-PARKING SPACE PARKLET FEE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
N/A
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Page 858 of 2012
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola
Page 859 of 2012