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2012-3752 Ordinance ORDINANCE No. 2012-3752 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 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 WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 82, "Public Property," Section 82-384, "Permitted sidewalk cafe frontage; requests for expansions," is hereby amended as follows: Sec. 82-384. Permitted sidewalk cafe frontage; requests for expansions. (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. 1 of 2 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. SECTION 2. 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 part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 8th day of February 2012. "kj- ,EsL,-, 13 MAYOR CITY CLERK �Q' '' qC� APPROVED AS y TO FORM & LANGUAGE * .INCORP ORATED: * FOR EXECUTION ity�At orney Date First Reading: January 11, 2012 9CH 26 Second Read i :February 8, 2012 Verified by; Rich rd G. Lorber, AICP Acting Planning Director Underscore denotes new language. StrikethFeugh denotes deleted language. T:WGENDA\2012\1-11-12\temporary removal of parking spaces-ord rev gh 1st reading 1-6-12.doc 2 of 2 COMMISSION ITEM SUMMARY Condensed Title: Amending Section 82-384, "Permitted Sidewalk Cafe 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 Summary/Recommendation: SECOND READING 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 cafe 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 adopt the proposed ordinance. 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 Si n-Offs: Depa men ire tor As istant Cit anager City Manager T:\P ENDA\2012\2-8-1 \temporary removal of pa i g shhces 406docx 0 0 M AGENDA ITEM DATE m 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 Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 8, 2012 COND READING PUBLIC HEARING SUBJECT: Temporary Removal of Parking Spaces AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. 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 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 City Commission Memorandum Temporary removal of parking spaces February 8, 2012 Page 2 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. The following restaurants provide sidewalk cafe along Espanola Way between Drexel Avenue and Washington Avenue: Restaurant Address #of Seats Area (Square Feet) Oh Mexico 410 Espanola Way 94 1,064 A La Folie 516 Espanola Way 25 159 Hosteria Romana 429 Espanola Way 74 557 Tapas &Tintos 448 Espanola Way 37 310 Boteco Copacabana 437 Espanola Way 20 120 Pizzeria D'Angelo 1446 Washington Ave 50 436 Kone Express 455 Espanola Way 8 37 Segafredo Zanetti 1436 Drexel Ave 64 628 Total 372 3,311 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. City Commission Memorandum Temporary removal of parking spaces February 8, 2012 Page 3 Deliveries to businesses located on Espanola Way would also have to be considered as part of the overall plan. Currently deliveries utilize the commercial 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. (d) 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 February 8, 2012 Page 4 COMMISSION ACTION The City Commission approved the proposed ordinance on first reading at its January 11, 2012 meeting. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. 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. After the public 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. JMG/JGG/RGL/ML T:\AGENDA\2012\2-8-12\Temporary removal of parking spaces memo.docx ............... .. .._........ IM, MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive, Miami Beach,Florida,on WEDNESDAY FEBRUARY,8TH,2012 to consider the following: 10:20 a.m. Ordinance Amending Chapter 66,"Marine Structures,Facilities And Vehicles," Article IV, ,Vessels,"Section 66-151,"Launching And Hauling,"To Prohibit IDocking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls,Wharfs,Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions. Inquiries may be directed to the Legal Department at(305)673-7470. I 10:25 a.m. Temporary Removal Of Parking Spaces An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82,"Public Property,"Amending Section 82-384,"Permitted Sidewalk Cafe Frontage;Requests For Expansion,"To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant. Inquiries may be directed to the Planning Department at(305)673-7550. 10:30 a.m. Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 118,"Administrative And Review Procedures,"Article II,"Boards,"Division 5,"Board of Adjustment," Section 118-134, "Notification Of Hearings;" Article IV, "Conditional Use Procedure,"Section 118-193"Applications For Conditional Uses";Article VI, "Design Review Procedures;"Article X,"Historic Preservation;"And Article XI "Neighborhood Conservation Districts(NCD);"To Clarify That Continuances Shall Be Noticed By Mail After The First Continuance Granted By A Land Use Board.` Inquiries may be directed to the Planning Department at(305)673-7550. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent, or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,1st Floor,City Hall,Miami Beach,Florida 33139.Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's office,1700 Convention Center Drivel st Floor,City Hall,and Miami Beach,Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E.Parcher,City Clerk City of Miami Beach Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, i information on access for persons with disabilities,and/or any accommodation to review any document or participate in any city-sponsored pceed n please contact(305)604-2489 (voice), (305)673-7218 0-M ro s advance to initiate your request.TTY users may also call 711 (Florida Relay Service). Ad#690.