2011-27880 Reso RESOLUTION No. 2011-27800
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING OF A
PROPOSED ORDINANCE THAT WOULD CONSIDER AMENDING
SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE;
REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO
EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT.
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
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading shall be
held on January 11, 2012, to consider the proposed amendment to the City Code, and
the Clerk shall take appropriate action to notice this public hearing.
PASSED AND ADOPTED this 14th day of December, 2011.
ATTEST: / AY
CI CLERK APPROVED AS
TO FORM & LANGUAGE
�1 BF FOR EXECUTION
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F:\ATTO\HELG\Resolutions\temporary removal of parking spaces-Reso FINAL.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,setting a first reading
to consider amending Section 82-384,"Permitted Sidewalk Caf6 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 Summa /Recommendation:
Setting of 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 cafu&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 fully discuss the merits of this proposal as
recommended by the Land Use and Development Committee and if so desired,set a public hearing of the
proposed ordinance for the January 2012 City Commission meeting. However, it should be noted that the
Administration does not recommend adoption of the proposed amendments based on the concerns
expressed in the Analysis portion of this memorandum.
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
Sign-Offs:
/Rpep of Director ssistant C' anager City Mana
TAAGENDA\20 1\12-14-11\temporary removal par ' g spaces-sum.doc
60 MM IAM E ® AGENDA ITEM C N
� DATE—IL
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 C mmission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011
Setting of Public Hearina
SUBJECT: Temporary Removal of Parking Spaces
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC READING TO
CONSIDER AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE
FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK
CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission fully discuss the merits of this
proposal as recommended by the Land Use and Development Committee and if so
desired, set a public hearing of the proposed ordinance for the January 2012 City
Commission meeting; however, it should be noted that the Administration does not
recommend adoption of the proposed amendments based on the concerns expressed in
the Analysis portion of this memorandum.
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 '
City Commission Memorandum
Temporary removal of parking spaces
December 14, 2011 Page 2
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
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.
As per Attachment 1, the following restaurants provide sidewalk cafe along Espanola
Way between Drexel Avenue and Washington Avenue:
• Oh Mexico
• Tapas and Tintos
• Kon Express
o Hosteria Romana
•, Segafredo Zanetti
• A la Folie
• Pizzeriz D'Angolo
• Boteco Copacabana
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.
Deliveries to businesses located on Espanola Way would also have to be
considered as part of the overall plan. Currently deliveries utilize the commercial
City Commission Memorandum
Temporary removal of parking spaces
December 14, 2011 Page 3
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.
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
December 14, 2011 Page 4
CONCLUSION
In view of the above analysis and the concerns expressed, the Administration does not
recommend adoption of the proposed amendments; however, should the City
Commission desire, it should fully discuss the merits of this proposal as recommended
by the Land Use and Development Committee and set a public hearing of the proposed
ordinance for the January 2012 City Commission meeting.
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. The notice of proposed enactment shall state the date,
time, and place of the meeting, the title or titles of proposed ordinances, and the place or
places within the municipality where such proposed ordinance or ordinances may be
inspected by the public. Said notice shall also advise that interested parties may appear
at the meeting and be heard with respect to the proposed ordinance or ordinances. No
ordinances shall be declared invalid by reason of any defect in publication or title if the
published summary gives reasonable notice of its intent. At the time and place so
advertised, or at any time and place to which such public hearing may, from time to time,
be adjourned, the ordinance shall be read by title and a public hearing shall be held.
After the 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.
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Attachment 2
BUSINESS PIZZERIZ D'ANGOLO BUSINESS BOTECO COPACABANA
ADDRESS 1446 ADDRESS 437
STREET WASHINGTON AVE STREET Espanola Way
TABLES 20 TABLE' 8
SEATS 50 SEATS 20
SQFT 436 SQFT 120
BUSINESS SEGAFREDO ZANLrM BUSINESS KONE EXPRESS
ADDRESS 1436 ADDRESS 445
STREET DREXEL AVE STREET Espanola Way
TABLES 20 TABLES 4
SEATS 64 SEATS 8
SQFT 628 SQFT 37
LU DC#84
r
BUSINESS TAPAS&TRMS BUSINESS HOSTERIA ROMANOVC.
ADDRESS 448 ADDRESS 429
STREET ESPANOLA WAY STREET ESPANOLA WAY
TABLES 17 TABLES 24
SEATS 34 SEATS 74
SQFT 310 SQFT 557
BUSINESS OH MEXICO AT AKAIRO CAFA BUSEMS A LA FOLIE
NWO
ADDRESS 410 ADDRESS 516
STREET ESPANOLA WAY STREET ESPANOLA WAY
TABLES 31 TABLES II
SEATS 94
SEATS 25 1
SQFT'
QF„I, 1664 SQFT 159
LU DC#85
Afteraction October 27, 2010 City of Miami Beach
Transmit the matter to the Planning Board for review.
City Clerk's Note: -Richard Lorber to place on the Planning Board Agenda and to handle.
Item No. 5:
No further action necessary.
Item No. 6:
Staff to prepare the ordinance, and send to the full Commission; also report back next available
meeting with a discussion on the temporary removal of parking spaces by adjacent commercial uses.
City Clerk's Note: Saul Frances to handle.
Item No. 7:
1. Refer an ordinance to the Planning Board to make main use parking garages a conditional use in
the 1-1 Urban Light Industrial zoning district.
City Clerk's Note: Richard Lorber to place on the Planning Board Agenda and to handle.
2. Direct the City Attorney's Office to prepare an amendment to Section 106-213 of the City Code,
in order to reduce the total number of tow licenses in the City from three (3)to two (2).
City Clerk's Note: See Agenda Item R5M.
C6C Report Of The Capital Improvement Projects Oversight Committee Meeting On July 12, 2010: 1)
Attendance.2)Review And Acceptance Of Minutes.3)Public Comments.4)Commission Items:A)A
Resolution Approving And Authorizing The Mayor And City Clerk To Approve Additional Contingency
Funding In The Amount Of $469,175.21, For Horizon Contractors, Inc. For The Construction Of
Additional Owner Requested Items And Betterment Scope Of Work For The City Of Miami Beach
Right Of Way Infrastructure Improvement Program, Neighborhood No. 12C, South Pointe Phase II
Project, Funding Is Available From Previously Appropriated South Pointe Capital Fund 389 In The
Amount Of$469075.21, For The Additional Scope Of Work. Passed: Unanimous. B)A Resolution
Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Professional Architectural And Engineering (A/E)Services Agreement Between The City Of Miami
Beach, Florida And Wolfberg Alvarez And Partners, In The Amount Of$77,720, For The Additional
Professional Services For The Flamingo Park Project; With Funding From 99 GO Bond Parks And
Beaches Fund 377 For Design, In The Amount Of$22,162, Previously Appropriated In The Fiscal
Year(FY)2006-2007 Capital Budget,And From The MDC CDT Interlocal-CDT Resort-Tax Fund 388
For Design, In The Amount Of $55,558, Previously Appropriated In The FY 2009-2010 Capital
Budget. C) Request For Approval To Award Contract, Pursuant To Invitation To Bid No. 26-09/10,
For The Renovation And Restoration Of The Historical Fire Station No. 2 And Hose Tower,
Authorizing The Mayor And City Clerk To Execute An Agreement With Edgewater Construction
Group, Inc.At The Not-To-Exceed Amount Of$1,627,762.74 For The Construction Of The Project,
Plus Approve A Project Contingency In The Amount Of $325,552.55 For A Grand Total Of
$1,953,315.29 From Funds Previously Appropriated In The Capital Budget;Further Authorizing The
Administration To Engage In Value Engineering To Further Reduce The Cost And Time For
.Completion Of Said Project. Passed: Unanimous. D) Request For Approval To Award Contract,
Pursuant To Invitation To Bid No. 17-09/10, For The Construction Of The City Of Miami Beach Right
Of Way Infrastructure Improvement Program Neighborhood No. 12/D/E/F,South Pointe Phases 111,IV
And V;Authorize The Administration To Engage In Value Engineering To Further Reduce The Cost
Prepared by the City Clerk's Office Page No. 11 of 47
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LUDO#T9
' Afteraction June 1, 2011 City of Miami Beach
C6D Report Of The Land Use And Development Committee Meeting On May 18, 2011: 1)Proposed Alton
Road Historic District Buffer Overlay. 2) Proposed Parking District#5 For The Alton Road Corridor.
3) Discussion Regarding An Ordinance Requiring A Maintenance Bond To Ensure Abandoned
Construction Sites Meet Property Maintenance Standards. 4)Discussion On The Development Of A
Citywide Transportation Plan. 5) Discussion Regarding Temporary Storefront Signs. 6) Temporary
Removal Of Parking Spaces. 7) a) Discussion On A Possible Amendment To The Accessory Use
Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory
Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public; b)
Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The
Lincoln West Neighborhood Association. 8) a) Discussion Concerning The Short-Term Rental
Ordinance In Flamingo Park Neighborhoods For Less Than 3 Units; b) Discussion On Including A
Clause For Exceptions In The Short Term Rentals Ordinance. 9) Discussion Regarding Changing
The Permitted Uses In A CD-2 District To Allow For Self Storage. 10) Discussion On The De-
Intensification Of The 1-1 Light Industrial District. 11) Discussion Regarding The Gale Hotel Height
Limits. 12) Discussion Regarding The Former South Shore Hospital Site. 13) Short-Term Rental
Ordinance Enforcement. 14) Discussion On The Ocean Beach Historic District R-Ps4 Zoning
Amendment.
ACTION:
Item No. 1:
DEFERRED (MOVE TO PENDING ITEMS).
City Clerk's Note: See Item RSB.
Item No. 2:
DEFERRED (MOVE TO PENDING ITEMS).
Item No. 3:
The Committee discussed the proposed ordinance briefly.
MOTION: Gongora/Libbin(vote 3-0). Send the proposed ordinance to the Planning Board for review
and recommendation.
City Clerk's Note: Richard Lorber to place on the Planning Board Agenda.
Item No. 4:
DEFERRED.
Item No. 5:
DEFERRED.
Item No. 6:
The Committee discussed the proposed ordinance briefly.
Prepared by the City of Miami Beach—City Clerk's Office
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Page 17 of 49
Afteraction June 1, 2011 City of Miami Beach
MOTION: Gongora/Libbin (vote 3-0). Send to the full Commission.
City Clerk's Note: Saul Frances to handle.
Item No. 7a and 7b:
DEFERRED FOR ONE MONTH—TO BE TAKEN AS THE FIRST ITEM ON THE AGENDA ON JUNE
6, 2011.
Item No. 8a:
MOTION: Gongora/Libbin (vote 3-0) Motion to refer to the Planning Board an amendment to the
short-term rental ordinance amending the definition of the required fee from a"certificate of use"to a
different nomenclature
City Clerk's Note: Richard Lorber to place on the Planning Board agenda.
Item No. 8b:
MOTION: Gongora/Libbin (vote 3-0) Continue for one month to permit staff to prepare additional
analysis of the numbers of possible other properties that might become eligible, and verify that the
State application for transient use was erroneously issued as non-transient. Draft ordinance
amending addressing 8.a) and 8.b) should come back to the LUDC.
City Clerk's Note: Richard Lorber to place on the Land Use and Development Committee
Agenda.
Item No. 9:
MOTION: Gongora/Libbin(vote 3-0)Continue the matter to July 20`h,2011 LUDC meeting in order to
permit Mr. Pathman to meet with the FPNA.
City Clerk's Note: Richard Lorber to place on the July 20th Land Use and Development
Committee Agenda.
Item No. 10:
DEFERRED.
Item No. 11:
The Committee requested that staff look further into the general area, and make suggestions for
economic revitalization.
City Clerk's Note: Richard Lorber to handle.
Prepared by the City of Miami Beach— City Clerk's Office
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