2015-3918 Ordinance ORDINANCE NO. 2015-3918
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, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY", BY
AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES", BY
AMENDING SUBDIVISION II THEREOF, ENTITLED "PERMIT", BY
AMENDING SECTION 82-387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY CORRECTING SCRIVENER'S ERRORS IN
SUBSECTION (A) AND ADDING A NEW SUBSECTION (B) PROHIBITING
SIDEWALK CAFE OPERATIONS/PERMITTEES WITHIN THE CITY'S RIGHT-
OF-WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN
LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subdivision II of Division 5 of Article IV of Chapter 82 of the Code of the City
of Miami Beach, Florida, 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. 82-387. Prohibited "no table" zones.
(a) There shall be no sidewalk cafes permitted and/or placed within a section of the 1100
block of Lincoln Road Mall, between Lenox Avenue and Alton Road; said section as more
specifically defined by the following description:
Land Description:
A portion of Lincoln Road lying between Alton Road and Lenox Avenue, as shown on
"Commercial Subdivision," according to the plat thereof, as recorded in Plat Book 6, at pPage 5
of the pPublic cRecords of Miami/-Dade County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Lot 6, Block 39 of said "Commercial Subdivision;" thence
south 89'08°55" west along the south line of Block 39 of said "Commercial Subdivision," a
distance of 11.20 feet; thence south 00'51°05" east, a distance of 25.00 feet to the point of
beginning; thence continue south 00'51°05" east, a distance of 50.00 feet; thence south
89'08°55" west along a line 25.00 feet north and parallel with the south right-of-way line of said
Lincoln Road, a distance of 190.08 feet; thence north 00'51°05" west, a distance of 50.00 feet;
thence north 89'08°55" east along a line 25.00 feet south and parallel with the north right-of-way
line of said Lincoln Road, a distance of 190.08 feet to the point of beginning.
Said land situate, lying and being in the City of Miami Beach, Miami/-Dade County, Florida;
containing 9,504 square feet, more or less.
(b) There shall be no personalty or equipment relating to the operation of a
restaurant, including, without limitation, sidewalk cafés, sidewalk café furniture, garbage
receptacles, storage containers, back-of-house operation, equipment or supplies, or any other
similar item permitted and/or placed within a=Seetiefl=of the improved section of Euclid Avenue,
between Lincoln Road and Lincoln Lane South, which section is more particularly described, as
follows:
Land Description:
A portion of Euclid Avenue Right-of-Way as shown on the plat of "SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY",
according to the plat thereof, as recorded in Plat Book 6, at Page 33, and the plat
of "LINCOLN SUBDIVISION", according to the plat thereof, as recorded in Plat
Book 9, at Page 69, both recorded in the Public Records of Miami-Dade County,
Florida; bounded on the North by the extension of the South Right of Way Line of
Lincoln Road; bounded on the South by the extension of the North Right-of-Way
Line of Lincoln Lane South; bounded on the East by the East Right-of-Way line of
Euclid Avenue and bounded on the West by the West Right-of-Way Line of
Euclid Avenue, less the Northerly 30 feet.
Said land situate, lying and being in the City of Miami Beach, Miami-Dade County, Florida;
containing 8,400 square feet, more or less.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. 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 4. 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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the c4/ day of 70,1g97, 2015.
PASSED and ADOPTED this /V day of an , 2015.
ATTEST: -
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1
/ /7,i/g'
--,//,. , • \ '.f.,�r1„�._PHI•IP L il l 1, AYOR
--,W- /f/ ,/
L •RAF EL E. GRANADO,
\\
RAF
(Sponsored by Commissioner\' i �h'ael,"Grieco)
Underline denotes additions
Stfikettwough denotes deletions
denotes deletions since the First Reading
T:\AGENDA\2015\January\TCED\Sidewalk Cafe Ordinance (Second Reading) Ord.doc
APPROVED AS TO
FORM & LANGUAGE
&FR XECUTION
S.1,\L w, ....._
1
City Attorneyyj' Date
COMMISSION ITEM SUMMARY
Condensed Title: SECOND READING AND PUBLIC HEARING
An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public Property", By
Amending Article Iv, Entitled "Uses In Public Rights-Of-Way", By Amending Division 5 Thereof, Entitled "Sidewalk
Cafes", By Amending Section 82-387, Entitled "Prohibited "No Table' Zones" By Correcting Scrivener's Errors in
Subsection (A) And Adding A New Subsection (B) Prohibiting Sidewalk Café Operations/Permittees Within The City's
Right-Of-Way On Euclid Avenue Between Lincoln Road And Lincoln Lane South; Providing For Repealer,
Severability, Codification, And An Effective Date.
Key Intended Outcome Supported:
Build and Maintain Priority Infrastructure with Full Accountability.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey36% of residents were willing to
reduce on-street parking for wider sidewalks.
Item Summary/Recommendation:
On July 23, 2014, the City Commission adopted Resolution No. 2014-28673 approving and authorizing the City, after
a duly noticed public hearing, to enter into a Development Agreement with Jameck Development, Inc. (Jameck or
Developer)for the design, development, and construction of certain streetscape improvement in the City's right of way,
at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South. The City is the owner of land located
on Euclid Avenue, between Lincoln Road and Lincoln Lane South and Lincoln Center Associates, LLC, a Florida
limited liability company (Lincoln Center) is an affiliate of Developer and is the owner of certain land adjacent to the
Project Site, on which a parking lot is located (the Lincoln Center Parking Lot.
In accordance with the requirements of the Florida Local Government Development Act, Section 163.3220, et. seq.,
Florida Statutes, the Notice of Intent to Consider the Development Agreement was advertised and noticed to be
considered at the next two ensuing City Commission meetings, with the First Reading on June 11, 2014 and the
Second Reading on July 23, 2014. On June 11, 2014, the Mayor and City Commission approved the Development
Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street and to Lincoln Lane South;
and
2. The prohibition of sidewalk café tables and chairs ("No Table Zone"), as well as other sidewalk cafe equipment
or furnishings, at the Project Site; and
The Administration modified the Development Agreement to incorporate the conditions required by the City
Commission at its June 11, 2014 meeting and the City Commission, on second reading and public hearing, approved
the Development Agreement at the July 23, 2014 meeting. Following City Commission direction, the attached
proposed Sidewalk Café Ordinance amendment prohibiting sidewalk cafés at the Project Site was drafted and is
presented for consideration. The item was approved on first reading at the December 17, 2014 City Commission
meeting, with the exception of a minor amendment since the first reading, indicated in the Ordinance by a double
strikethrough.
The Administration recommends approval of the Ordinance on second reading and public hearing.
This item is sponsored by Commissioner Michael Grieco.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Funds: Amount Account
1
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 will be no measureable impact on the City's budget.
City Clerk's Office Legislative Tracking:
Max Sklar, Tourism, Culture, and Economic Development Director
Sign-Offs:
•..- 2'.rtm6' t Director Assis ant Fifty Manager City Manager
_/"e__---■_/
AG ITEM RS_6
law MIAMIBEACH DATE
- 11111111 o
MIME MIMII■
1915 •2015
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISS ON MEMORANDUM
TO: Mayor Philip Levine and Members •f the City ' ommission
FROM: Jimmy L. Morales, City Manager 1.
DATE: January 14, 2015 I SECO D READING AND PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYO' AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, A ENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY", BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY",
BY AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES",
BY AMENDING SUBDIVISION II THEREOF, ENTITLED "PERMIT", BY
AMENDING SECTION 82-387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY CORRECTING SCRIVENER'S ERRORS IN
SUBSECTION (A) AND ADDING A NEW SUBSECTION (B) PROHIBITING
SIDEWALK CAFÉ OPERATIONS/PERMITTEES WITHIN THE CITY'S
RIGHT-OF-WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND
LINCOLN LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading and public hearing.
FINANCIAL IMPACT
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
will be no measureable impact on the City's budget.
BACKGROUND
On July 23, 2014, the City Commission adopted Resolution No. 2014-28673 approving
and authorizing the City, after a duly noticed public hearing, to enter into a Development
Agreement with Jameck Development, Inc. (Jameck or Developer) for the design,
development, and construction of certain streetscape improvement in the City's right of
way, at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South.
The City is the owner of land located on Euclid Avenue, between Lincoln Road and
Lincoln Lane South and Lincoln Center Associates, LLC, a Florida limited liability
company (Lincoln Center) is an affiliate of Developer and is the owner of certain land
adjacent to the Project Site, on which a parking lot is located (the Lincoln Center Parking
Lot.
On May 13, 2013, the Finance and Citywide Projects Committee of the City
recommended the approval of the Developer's conceptual plan for the closure of a
portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular
City Commission Meeting
Second Reading Public Hearing
Euclid Ave Side Walk Café "No Table"Zone
January 14, 2015
Page 2 of 2
traffic, as part of the extension of the Lincoln Road pedestrian mall; the removal of the
disconnect vault and its relocation to Lincoln Center Parking Lot; and the construction of
streetscape improvements in the City's right-of-way located in the Project Site (the
Conceptual Plan); and further requested a Letter to Commission, in connection with the
item's consideration at the June 5, 2013 City Commission meeting. On June 5, 2013,
the Mayor and City Commission adopted Resolution No. 2013-28236, approving the
Conceptual Plan and authorized the City Manager to enter into negotiations with
Developer to design and build the Project.
On October 8, 2013, the City's Historic Preservation Board (HPB), pursuant to an order
under HPB File No. 7385, issued a Certificate of Appropriateness granting approval of
streetscape improvements in the City's right of way including, but not limited to, the
removal of the disconnect vault and landscape; the installation of new hardscape,
landscape and street lighting; and the closure of a portion of Euclid Avenue to vehicular
traffic, as part of an extension of the pedestrian mall. Subsequently, the City and
Developer negotiated a Development Agreement for the proposed Project, having an
estimated cost of $618,000, of which $485,821 shall be funded by the City, from
available City Center Redevelopment Area funds, with the balance of the Project costs
to be funded by Developer.
In accordance with the requirements of the Florida Local Government Development Act,
Section 163.3220, et. seq., Florida Statutes, the Notice of Intent to Consider the
Development Agreement was advertised and noticed to be considered at the next two
ensuing City Commission meetings, with the First Reading on June 11, 2014 and the
Second Reading on July 23, 2014. On June 11, 2014, the Mayor and City Commission
approved the Development Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street
and to Lincoln Lane South; and
2. The prohibition of sidewalk café tables and chairs ("No Table Zone"), as well as
other sidewalk café equipment or furnishings, at the Project Site; and
The Administration modified the Development Agreement to incorporate the conditions
required by the City Commission at its June 11, 2014 meeting and the City Commission,
on second reading and public hearing, approved the Development Agreement at the July
23, 2014 meeting.
Following City Commission direction, the attached proposed Sidewalk Café Ordinance
amendment prohibiting personalty or equipment relating to the operation of a restaurant,
including without limitation, sidewalk cafés, back-of-house operation, or any other similar
items at the Project Site was drafted and is presented for consideration. The attached
Ordinance was approved by the City Commission on first reading at the December 17,
2014 meeting, with the exception of the removal of the language indicated by a double
strikethrough, which was removed since the first reading.
CONCLUSION
The Administration recommends approval of the Ordinance on second reading and
public hearing.
JLM/KGB/MAS
T:\AGENDA\2015\January\TCED\Sidewalk Cafe Ordinance(Second Reading)Memo.doc
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