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2015-29244 Reso RESOLUTION NO. 2015-29244 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CREATION OF THE WASHINGTON AVENUE PILOT PARKLET PROGRAM, IN ORDER TO ALLOW BUSINESSES ALONG WASHINGTON AVENUE TO INSTALL TEMPORARY PARKLETS IN THE RIGHT-OF-WAY, WHICH PROGRAM SHALL HAVE A DURATION OF ONE (1) YEAR. WHEREAS, a parklet is a small park, plaza, or creative public space that is physically installed in an on-street parking space; and WHEREAS, 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; and WHEREAS, parklets should be implemented at sidewalk elevation (i.e., flush with the sidewalk) to ensure ADA accessibility and pedestrian convenience; and WHEREAS, pursuant to the recommendations of the Mayor's Blue Ribbon Panel for Washington Avenue, 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, at the April 29, 2015 City Commission meeting, an item related to the Washington Avenue parklet application, as well as the development of a process and criteria for approval of parklets, was referred to the Land Use and Development Committee ("LUDC") for discussion; and WHEREAS, following discussions at the May 27, 2015 and June 17, 2015 LUDC meetings, the LUDC. recommended that the City Commission proceed with a pilot parklet program; and WHEREAS, on July 8, 2015, the Mayor and City Commission adopted Resolution No. 2015-29085, accepting the recommendation of the LUDC 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; and WHEREAS, 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"); and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, at the December 9, 2015 City Commission meeting, the Mayor and City Commission directed the Administration to proceed with the Pilot Program; and WHEREAS, the Mayor and City Commission also directed the City Administration to draft legislation exempting parklet uses from sidewalk cafe permit fees and transportation concurrency fees. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the creation of the Washington Avenue Pilot Parklet Program, in order to allow business along Washington Avenue to install temporary parklets in the right-of- way, which program shall have a duration of one (1) year. PASSED and ADOPTED this 9th day of December, 2015. Philip Levine. fr, ATTEST: vmmaumvk��' AI . p .„ R- 'ael E. ranado, City Cler . '• . * :INCORP ORATED: T:WGENDA\2015\December\TRAN O FATION\'=splution.•'1�[ _ e Approval of Temporary Parklets along ■Washington Avenue.doc \ �° I- �����CHI APPROVED FORM & LA NGUAGE & FOR EXECUTION ewC 3 — 31 — City attorney Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSIO MEMORANDUM TO: Mayor Philip Levine and Members f the City Cummission FROM: Jimmy L. Morales, City Manager �'' DATE: December 9, 2015 SUBJECT: DISCUSSION REGARDING C TY POLICIES FOR THE APPROVAL OF TEMPORARY PARKLETS ALONG WASHINGTON AVENUE BETWEEN 5TH STREET AND LINCOLN ROAD AS PART OF A PILOT PROJECT. BACKGROUND At the April 29, 2015 City Commission meeting, there was a discussion following the Washington Avenue Blue Ribbon Panel presentation and recommendations. The discussion included the expansion of the sidewalks into the existing parking lane to create an opportunity for outdoor cafes. Additionally, the Commission requested that the Administration establish a process and guidelines for design and approval of parklets. The City Commission referred the item related to the Washington Avenue parklet application as well as the development of a process and criteria for approval of parklets to the Land Use and Development Committee (LUDC) for discussion. During the LUDC meeting on May 27, 2015, the Committee discussed this item and decided to bring it back for discussion at its June 17, 2015 meeting. At the June 17, 2015 LUDC meeting, the Committee recommended that the Administration develop minimum standards and guidelines for parklets, including a block-by-block analysis of the maximum number of on-street parking spaces to be used for parklets. Also, it was further recommended that the Washington Avenue Task Force work with the business owners along the corridor to determine specific locations for parklets within the block. Resolution No...2015-29085 was adopted by the City Commission on July 8, 2015 accepting the recommendation of the LUDC regarding the creation of a process and criteria for parklet applications 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. ANALYSIS A parklet is a small "park", plaza, or creative public space that is formally installed in what would usually be an on-street parking space. Parklets are most 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. Parklets should be implemented at sidewalk Agenda Item R q&- Date !29-/3 Discussion Regarding City Policies For The Installation of Parklets Along Washington Avenue Between Fifth Street and Lincoln Road December 9, 2015 Page 2 of 5 elevation (i.e., flush with the sidewalk) to ensure ADA accessibility and pedestrian convenience. The number of parking spaces to be impacted should also be considered in determining the placement of parklets in light of demand and revenue loss. Streets make up a large part of urban public space. Parklets offer many advantages to the quality of public space and the surrounding context. Specific programing and design of the parklet should be subjected to an approval process to determine the best suitable use according to location. Following are some general considerations and guidelines that are part of the City's proposed Street Design Guide, and an element of the Bicycle/Pedestrian Master Plan Update, to take into account regarding the placement and design of parklets: • For safety reasons, parklets in general are allowed on streets with speed limits of 25 mph or less. • In general, parklets must be located at least one parking space away from the corner. Bulb-outs and other physical barriers that protect the parklet, may allow for corner parklets. • All parklets must include four (4)-foot setbacks on either end to buffer the parklet from adjacent on-street parking spaces and driveways. • Parklets must include bollards or other elements of physical separation from street traffic. • A three (3)-foot wheel stop must be placed at both ends of the parklet to prevent accidents. • ADA access is required in all parklet configurations. • Parklet designs should attempt to include bicycle parking in all configurations. • Paklets should avoid conflicts with utilities, fire hydrants, and mass transit. Based on the Washington Avenue Blue Ribbon Committee's recommendation, the sidewalk café parklet is the type of design that is currently proposed for Washington Avenue from 5th Street to Lincoln Road. Sidewalk Café Parklet Sidewalk café parklet configurations are commonly, but not exclusively, found along and used by street-fronting businesses serving food and beverages. Sidewalk café parklets feature movable furniture that offers a larger versatility of use. Permittees daily responsibilities should include: • Store all movable furniture indoors after business hours. • Water plants, remove dead plants. • Maintain parklet free of debris and trash. • Maintain drainage channel clean. • Remove unauthorized graffiti. • Report any accidents. • Monitor and repair any damaged elements. • Follow all applicable City Codes. Discussion Regarding City Policies For The Installation of Parklets Along Washington Avenue Between Fifth Street and Lincoln Road December 9, 2015 Page 3 of 5 Below are images depicting sidewalk café parklets. :1 _1 i r , . ,..,, _ , _ . Y i iii ore ti k i � 1 • . ... , I lig rt'IP- liPs.' - i't ,, -,... r 1 ,`:ti - 'V ilik14 rol . ., Y Irli •.- ; .---',:),‘,-, : i 11- ,t__ il, - ' tea- - ' . �, `.r r , * J It 1. � - 1 �_, T .4! IJrt' .. 1 7_ Irk% i - ...i: fr. :-.,- - • '1 *� , kr- ~ •7�':. _Ili w �� , 74, ,..,, ' Proposed Pilot Parklet Permit Application Program Attached is a proposed Pilot Parklet Permit Program Package for the City of Miami Beach. The goal of the Pilot Program is to facilitate the conversion of on-street parking spaces into publicly- accessible open space. One parklet (one on-street parking space) is currently proposed for installation per City block on both the east and west side of Washington Avenue between 5th Street and Lincoln Road. The Pilot Program is based on issuance of a parkiet permit for a term of one (1) year. If a parkiet permit is granted, the parkiet permittee is responsible for: • A non-refundable application fee of $100. • All costs related to design, materials and installation. • All costs related to removal. Discussion Regarding City Policies For The Installation of Parklets Along Washington Avenue Between Fifth Street and Lincoln Road December 9, 2015 Page 4 of 5 • The on-going maintenance of the parklet including replacing, painting or fixing elements damaged due to vandalism. All parkiet designs shall contain at least one (1) ADA com- pliant accessible entrance. • Insurance requirements for the installation and maintenance of a parklet depending on location and use. • Maintenance of any movable furniture. In addition, all movable elements of the parklet must be safely stored" indoors after business hours. Landscaping elements are encouraged in parkiet design. All landscaping maintenance is the responsibility of the parklet permittee. • General maintenance including furniture and non-approved graffiti removal. In addition, permittees must maintain the area under the parklet free of debris in order to allow proper drainage, and pressure clean the parklet as necessary. Only street-fronting property owners or tenants may apply for a parklet. Parklets are public spaces; therefore, applicants must gather letters of support, petitions and other documentation from surrounding businesses or residents in order to prove community outreach and involvement as part of the parklet application process. Sidewalk café parklets should also comply with applicable requirements related to the City's sidewalk café ordinance, as specified in the proposed permit application program. Parklets shall not have any additional signage other than the parklet public space designation approved by the City of Miami Beach. Parklets must be located at least one parallel parking space away from the corner, unless curb configuration, such as a large bump-out, allows for safe placement of a parklet closer to the corner (evaluated on a case by case basis). In addition, parklets must have a three-foot wheel stop at both ends, and bollards or large non-movable planters, in order to provide adequate protection for parklet users. Businesses that operate a sidewalk café parklet should only provide service in front of their own business. Crossing over property frontages will not be permitted as it could have the potential to present a controversy between neighboring businesses. It is recommended that the Public Works Department administer the Pilot Parklet Permit Program as the application and approval process is very similar to that of sidewalk cafés. The pilot nature of the program will allow City staff to evaluate and adjust the program as needed. Policy Considerations for Parklet Applications, Process and Criteria for Installation The following policy related items should be considered further as part of defining the Pilot Program to install temporary parklets along Washington Avenue between 5th Street and Lincoln Road: • Fees to Be Considered The City's Parking Bond Covenants provides for the following: No Free Parking. To the extent permitted by law, the City will not permit free parking or services to be supplied by the Parking System, except that (i) the City Commission, officers and employees may use facilities of the Parking System free of charge only while on official City business, (ii) the City may establish the hours during which meter charges shall be applicable and (iii) the City may permit free parking during hours when the volume of parking business does not justify the expense of collecting parking Discussion Regarding City Policies For The Installation of Parklets Along Washington Avenue Between Fifth Street and Lincoln Road December 9, 2015 Page 5 of 5 charges. However, the City has options in the amount it may charge for a space: 1. $26,280 annually based on the on-street parking rate of $4 per hour, 18 hours per day, and 365 days per year. 2. $10,744 annually based on the average revenue per space on Washington Avenue. 3. $9,125 annually based on the current daily space rental fee. 4. $1,200 annually based on a monthly parking permit of $100 per month (although typically applied to a lot or garage, which have lower parking rates). Note: Since the permit is proposed as a one (1)-year parklet permit, it is recommended that the $40,000 per space fee used for permanent space removal would not apply. • Other Fees Sidewalk cafés are required to pay other fees unless specifically exempt by ordinance. The City is seeking direction as to whether the following fees would apply. Exempting parklet sidewalk cafes from these fees would require ordinance changes. 1. Sidewalk café fees - $150 application fee plus $20 per square foot. 2. Concurrency fees. • Uses The Washington Avenue Master Plan recommended parklets be used for sidewalk cafés. The City is seeking direction whether there is a desire to allow open space with or without seating, if desired by the business. • Length of permit Typically parklet permits are issued for one year. However, entities may wish to apply for a parklet sidewalk café permit for less than a year. Should the City Commission approve the issuance of parklet permits for less than one year, the parklet space fees would be prorated. Duration of the Program The recommended duration of the Washington Avenue Pilot Parklet Program is for one (1) year. The Pilot Program will be evaluated and brought back to Commission after nine (9) months for reevaluation. CONCLUSION AND RECOMMENDATION This item is being presented to the City Commission for discussion and further direction. Attac menu::L City of Miami Beach Draft Pilot Parklet Permit Program Package JLM/K B/JRG/XRF F:\TRAN\$ALL\Commission Memos\Discussion Regarding City Policies for the Installation of Parklets.docx Cit y of Miami Beach .,_....._____ ...... Washington Avenue ........_Pilot Parklet Permit Program (Draft _ . ., 4 014 .,,,* . , , , . .. „ _ .. , r - isliolh 1 lb IN I -.)'i , 4- 740' ,, 1/4;//////////ll • I A' l . 1 is ( 11.1101 ,4t, i AM wie Cii , • /Iv jilt sig;$ 1 • ..a.' 4 r. ia,,,,t, 4. . ir _. ,..,„, ... irl -, .,...i. • _ , - ...d;:::—....•_ A , lik 4, _AP 11071111111111111r. )11- - ------ i__ --_,.,_ --,---- ? 411 :7.1 . 4.. . 414lir .440114 L` Alb,A di t 41' • City of Miami Beach Department of Public Works 1700 Convention Center Drive Miami Beach, Florida 33139 www.miamibeachfl.gov 305-673-7000 Program overview The City of Miami Beach's Pilot Parklet Program aims to facilitate the conversion of on-street parking spaces into publicly-accessible open space on a temporary basis for all to enjoy. The Parklet Pilot Program provides a path for merchants to take individual actions in the development and beautification of the City's public realm. The first formal public parklets were initially conceived and installed in San Francisco in 2010. Since that time the program has become very successful and is being emulated in cities around the world. Parklets are intended as aesthetic enhancements to the streetscape, providing an economical solution to the need for increased public open space. They provide amenities like seating, planting, bike parking, and art, They reflect the City's commitment to encouraging walking and biking, creating pedestrian-friendly streets, and strengthening our communities by providing an economical solution to the need for increased public open space. Typically the materials consist of semi-permanent decks that expand the pedestrian realm beyond the sidewalk, allowing business owners to increase outdoor seating, without requiring permanent street redesign and construction. They may include amenities such as seating, planters, bike parking, art and other associated improvements, generally located in front of and developed and operated by the adjacent business. Program goals Reimagine the potential of city streets. Public rights-of-ways make up approximately 25 percent of the City's land area. Parklets promote a low-cost, easily implementable approach to public space improvement through projects that energize and reinvent the public realm. They help address the desire and need for increased public open space and wider sidewalks. Encourage non-motorized transportation Parklets encourage walking by providing pedestrian amenities like street furniture, landscaping and public art. Parklets often provide bicycle parking and thus increase the visibility of bicycling in Miami Beach. Encourage pedestrian activity. Parklets provide pocket spaces for pedestrians to sit and relax, while also improving walkability. Support local businesses. Parklets attract attention to businesses and provide additional seating that can be used by cafe customers and others. A parklet also beautifies the street and creates a neighborhood destination. 1 Parklet Location Criteria Speed Limit Parklets for this pilot program will be permitted on Washington Avenue from 5th Street to Lincoln Road. L __ � 1 1 I - ► --! ! I Parking Spaces. \{ } Parklets can be sited along the curb line on streets where on- street parking spaces exist. They can be considered in any lo- i.\t least one parkingipace away from corners cation where there are space(s) for on-street parallel, angled, or perpendicular parking, including spaces with metered or unmetered parking. $ -LT Street Slope Parklets are generally permitted on streets with a running I'Parallel 1 Parallel slope (grade) of five percent or less. When installed on streets with running slopes of three percent or greater, parklets will need to include a wheelchair rest area. Parklets may be permitted on streets over five percent if they can provide safe access and turnaround area for wheelchair users. ■■111111••••w■ •■•■ NEEKTAIIIMMIIIII:t MIME ■■.■.■■■l.....• \—G"Curb(typ 1 Jr )r My Neighbor Parklet Sponsor My Other Neighbor (Business name and address) (My business name and Address) (Business name and address) t— A flu .. on ■ 9 ft .ill' Meter#EERIE ter#XX -XXXX , .. ., 6 ft 0 / T T T T Street Name Here I I Legend • Existing Parking Meter T Existing Parking Space Marking Existing Street Tree I-1 Existing Bike Rack 4 ft Required Parklet setback (not to be included in parklet size) Existing Utility O (in sidewalk and in street) G Existing Street Light North Arrow Reflective Elements at Corners Sight Triangle. Reflective elements are required at the outside corners Parklets must not interfere with sight triangles. A sight tri- of all parklets. Soft-hit posts are a standard solution angle is a triangular shaped portion of land established deployed at the outside edges; however the City will for unobstructed visibility of motorists entering or leaving a consider additional reflective elements incorporated in street or driveway intersection in which nothing, whether the parklet design. stationary or moveable (i.e., vehicles, vehicular maneuvering area, signs, landscaping or objects of any Wheel Stops kind) is permitted to be located between a height of two For parklets in parallel parking spaces, a three-foot wheel and one-half (2'/2) and eight (8) feet above the elevation stop must be installed one foot from the curb at the edge of the adjoining edge of pavement. An exception to the of the front and back parking spaces. When parklets are prohibition is a tree with clear trunk between two and one installed adjacent to parallel parking spaces, wheel stops half (21/2) and eight (8) feet. should be setback four feet from the parklet structure. For angled parking spaces and adjacent to driveways, Parking Meter location Numbers. City staff will work with you to determine the appropriate A maximum of two (2) on-street parking spaces will be location for wheel stops. Wheel stops shall be made of allowed for a parklet per City block. If your parklet is recycled rubber/plastic. located in an area with single-meter parking, you will need to show the location of the parking meter (if Site Conditions. applicable)to be removed and the zone number. If no Your initial site plan should accurately reflect the existing single meter, the zone is posted and the number site conditions and include streetscape features like can be found on the parking meter(if applicable), adjacent bike racks, utility covers, street poles, existing signs, street trees, tree wells, etc. g The Platform The platform provides the structural base for the parklet. The City strongly recommends consulting a design or construction / Curb professional to ensure that the platform will be sturdy and safe. Bolting. Bolting into the street or penetrating the surface of the road in any way is strongly discouraged and may not be allowed with- out a restoration plan and an excavation bond posted by the 1/2-max gap applicant and their contractor. Parklets may be bolted to the existing curb, with specific restoration requirements. Curb Platform Surface. The top of the parklet platform must be flush with the sidewalk with a maximum gap of one-half inch. In the case of a Example Connector sloping street, staff will work with the designer to address tor< 1/2•gap issues of access. Curb Access. If the platform base is not solid, the space underneath the platform surface must be accessible for maintenance through access panels,removable pavers,etc. Concrete If using a concrete base for the parklet floor, the concrete - ' cannot be poured directly on the road surface. A plastic slip ` sheet can be used to prevent the concrete from binding to the road bed below. To facilitate easy removal of the parklet, the concrete floor should not include structural rebar and must weigh less than 200 pounds per square foot. pi Surface materials, Loose particles,such as sand or loose stone, are not permitted on the parklet. Drainage. "' The parklet cannot impede the flow of curbside drainage. Designers are strongly encouraged to cover openings at either end of the parklet with screens to prevent blockage from debris. Plattorm Cross Slope. - Parklet platform rest areas cannot exceed two percent cross slopes. Your final construction drawings will need to show spot 111 Running?k . elevations for both the sidewalk and the platform areas. I MIME \_6"Curb Street Crown and Curb Height Most Miami Beach streets are crowned (parabolic in cross- section) and typically edged with a six-inch-high curb. This is low to ensure that stormwater flows towards the curb and gutter during a rainstorm. The curb is intended to prevent water from jumping the curb and flooding adjacent buildings. This means that the elevation of the street rises the further you move from , , .._;'' the curb, effectively reducing the amount of space to build the parklet platform. Whereas along the curb there may be t*ir t' .�^�►� ;, ,;-•• 6 inches of clearance for your platform structure, clearance �- � - , ',��► , ,,, can be reduced to as little as 2 inches further into the street. <�` ,+ • /• •'- � •Furthermore, both curb heights and street crown heights ;a vary with each street segment. Applicants and designers are strongly advised to take field measurements before beginning �1 the design to make sure their proposed platform solution will fit within the allotted space and satisfy all slope and - accessibility requirements. Ii\ -I J c The Parklet Buffer the edges. Depending on the location, the parklet should have an edge to buffer the street. This can take the form of planters, railing, ca- bling, or some other appropriate buffer. The height and scale of the buffer required will vary depending on local context. For example, on some low-traffic streets, a continuous edge may not be required. (If cable railing is used, spacing between cables cannot exceed six inches). buffer 36"min 42"mi buffer �_ - 0 Maintain a Visual Connection to the Stree, Your parklet design should maintain a visual connection to the street. Continuous opaque walls above forty-two inches that block views into the parklet from the surrounding streetscape are prohibited. You are allowed to include columns and other vertical elements. For a parklet, if umbrellas are proposed, they shall not exceed 6 feet by 6 feet with a vertical clearance of 80 inches. Responsibilities of Permittee The permittee will be responsible for the following: • A no-refundable application fee of $100. • All costs related to design, materials and installation. • In case of removal, the sponsor is responsible for all removal costs. • The on-going maintenance of the parklet including replacing, painting or fixing elements damaged due to vandalism. All parklet designs shall contain at least one (1) ADA compliant accessible entrance. • Insurance requirements for the installation and maintenance of a parklet depending on location and use. • Maintenance of any movable furniture. In addition, all movable elements of the parklet must be safely stored indoors after business hours. Landscaping elements are encouraged in parklet design. All landscaping maintenance is the responsibility of the parklet permittee. • General maintenance including furniture and non-approved graffiti removal. In addition, permittees must maintain the area under the parklet free of debris in order to allow proper drainage, and pressure clean the parklet as necessary. Only street-fronting property owners or tenants may apply for a parklet. Parklets are public spaces; therefore, applicants must gather letters of support, petitions and other documentation from surrounding businesses or residents in order to prove community outreach and involvement as part of the parklet application process. Sidewalk café parklets should also comply with applicable requirements related to the City's sidewalk café ordinance, as specified in the proposed permit application program. Parklets shall not have any additional signage other than the parklet public space designation approved by the City of Miami Beach. Parklets must be located at least one parallel parking space away from the corner, unless curb configuration, such as a large bump-out, allows for safe placement of a parklet closer to the corner (evaluated on a case by case basis). In addition, parklets must have a three-foot wheel stop at both ends, and bollards or large non-movable planters, in order to provide adequate protection for parklet users. Businesses that operate a sidewalk café parklet should only provide service in front of their own business. Crossing over property frontages will not be permitted as it could have the potential to present a controversy between neighboring businesses. It is recommended that the Public Works Department administers the Parklet Pilot Program as the application and approval process is very similar to that of sidewalk cafés. The pilot nature of the program will allow City staff to evaluate and adjust the program as needed. Fees The Pilot Program is based on an issuance of a parklet permit for a term of one (1) year. If a parklet permit is granted, the parklet permittee is responsible for: 1. A non-refundable application fee of $100. 2. Sidewalk café fees, as applicable. 3. Concurrency fees as applicable. 4. Parking space fee of $ per space per year. 7 1. Submit Application a. Application form.All Applicants must complete the attached application form. Applications maybe denied for the following reasons; (1) Incomplete applications will not be accepted. for period of three (3) months since the last action was taken. (2) Inactivity o a pe d ( ) (3) Failing to meet any required deadlines, b. Site Plan.All Applicants shall provide a plan with their application form that clearly includes and indicates all of the following information: (1) The footprint of the proposed Parklet, including sufficient detailed information to illustrate the design elements on either end of the proposed Parklet. (2) Indicate all property lines, right-of-way lines, sidewalk width, Parklet length and width, existing parking stalls, and all surface obstructions within 15 feet of the occupied area (e.g„ fire hydrants, streetlights, parking meters, street trees, utility access covers). (3) The number(s)on all parking meters that are to be removed must also be included in all drawings. These numbers are generally posted on the meter. (4) Provide as much detail as possible to aid in the City's review of the application. c. Parklet Programming. Indicate what type of elements you are proposing on the Parklet (e.g. tables and chairs, benches,landscaping,bike parking,etc.) d. Support. A letter from fronting property owners is required. Each Applicant must adequately and robustly involve the surrounding community in the development of the proposal by involving neighbors and tenants of the subject property, and any existing merchant or neighborhood groups. The Applicant must provide reliable and verifiable documentation of support in the form of a letter,a petition,email,etc. e. Indemnity and hold harmless statement. Each applicant shall provide a signed agreement to defend, indemnify, save, and hold harmless the City and all its officer, agents, or employees from any liability for damages resulting from any and all operations under the permit in a form approved by the City Attorney. 2. Departmental review An interdepartmental committee(Public Works, Planning, Transportation, Parking) will review applications, on a first- come-first-served basis, to ensure that Applicants conceptually meet program criteria. 3. Permit Application For those Applicants with an accepted conceptual application; the next step is to submit a construction permit application and fully detailed site plan, including but not limited to items such as cross sections, elevations, structural details, safety treatments, existing utilities and maintenance of traffic plans. City staff will work with the Applicant in a collaborative fashion during this period to ensure that the Parklet design is appropriate and that the final drawings produced meet requirements. 4. Construction Permit Approval a. Within 10 days from submittal of a Final Plan, if it is determined by the Director/Department that the application satisfies all policy requirements and the Applicant has paid all necessary fees, the Department of Public Works will grant final approval and issue a permit. 5. Construct Parklet Upon permit issuance and as a condition of permit approval, Applicants are required to inform the Department of t Public Works no less than ten (10) days before beginning any site work. Installation of the Parklet must be completed within 2 weeks of permit issuance. 6. Other Permits In conjunction with the Parklet permit, the Applicant is required to obtain any other applicable permits that may be required by other agencies. 7. Parklet Removal Permittee, at Permittee's sole cost, shall be responsible for removal of the Parklet and restoring the ROW to its original condition upon the occurrence of one(1)or more of the following: (1) the cessation of use, (2) failure to comply with permit conditions or other legal requirements, or (3) The Parklet poses a dangerous condition or threat to life or properly. The City may remove the Parklet for any of the following reasons: a. Failure to maintain, b. Violation of this Pilot Program Policy, c.Violation of the Permit, d. Modifications unapproved by the City, e. When the Parklet encroachment causes a dangerous condition or threat of danger to life or property as determined by the Director of Public Works. This includes but is not limited to: • The Parklet is encroaching into a travel lane or bike lane • The Parklet has lost structural integrity • A gap develops between the Parklet and sidewalk • The Parklet creates a visibility issues f.As a condition of permit issuance, the Parklet Permittee shall agree in writing to authorize the City to remove the Parklet at the Permittee's sole cost in the event that any of the occurrence of any of the circumstances for removal herein. If any of the above violations occur, the applicant will be sent notice of the violations and. Except in the case of dangerous or threatening conditions, will be given a maximum of five (5) working days to remedy the condition or remove the Parklet. If in the event that the Permittee fails to timely or adequately maintain or repair the encroachment or remove the encroachment within the five (5) working days, the permit will be terminated. Once the permit is terminated, the Parklet must be removed at the sole cost of the Permittee within three(3)calendar days. When the encroachment causes a dangerous condition or threat of danger to life or property, the permit will be terminated without the five(5)day notice and removed immediately at Permittee's cost. The City, at its sole discretion, may remove the Parklet and restore the public right-of-way to its previous condition upon a finding that it is in the public interest for the City to fund or partially fund removal of the Parklet. Transfer of Permits If the Permittee sells its business interests, one of the following must be done: 1. Remove the Parklet; or 2. With the City's approval, Purchaser and Permittee must come into the Department and execute a new permit in the purchaser's name with their signature and comply with all other requirements for the issuance of a permit, such as insurance. Pilot Program Changes The City reserves the right to amend the Parklet Pilot Program and all terms contained within it up until the point that a final permit is issued. Applicants may withdraw their application if they do not agree with any of the Policy changes. 4 l INCORP'' ORATED 5— l�fj2i a. ./ ey CHI, City of Miami Beach Department of Public Works 1700 Convention Center Drive Miami Beach, Florida 33139 www.miamibeachfl.gov 305-673-7000 1 Application P a e r t Pe rm t All Parklet applications will be reviewed on a first come -first serve basis. Date Submitted: New Revised Application Applicant(Print) Name: Address: City, State, Zip: Telephone# (M-F, 8am-5pm): Alt. # (emergency number): Federal Tax ID Number(FEIN): City Business Tax Receipt #: Expiration Date: Parklet Operator, if other than applicant: Name: Address: City, State, Zip: Telephone# (M-F, 8am-5pm) Alt. # (emergency number) Business Entity(Person) Parklet Operation will serve if other than applicant Name: Address: City, State, Zip: Contact Number: in Engineer / Architect: Name: Address: City, State, Zip: Contact Names, number(s) & email Comments: Parking Information Number of Parking Spaces to be occupied: Parallel Angled/Perpendicular Meter number(s) on Parking Meters to be removed: Additional Information 1 Name of Insurance Company (attach Insurance Certificate) Commercial General Liability Insurance with a policy limit of $1,000,000 per occurrence and a $2,000,000 General Aggregate.The policy must include coverage for the liability assumed by the applicant under the indemnity provision of the permit, coverage for Premises/Operations, Products/Completed Operations, Broad from Contractual Liability and Independent Contractors. 2. Zoning District of the Parklet area 3. Location/address of the Parklet area 4. Distance from closest fire hydrant or fire connection to building if (cannot be closer than 10' to nearest hydrant or fire connection to a building) Acknowledgement and agreement to Terms and Conditions By my signature, I, (Applicant Name) ,acknowledge that I have received a copy of the Parklet Pilot Program Manual and agree to abide by the terms and conditions set forth in the Manual, along with any terms and conditions included during the permitting process and any other applicable federal, state, county, and local laws as amended during the term of the approved Permit. Failure to abide by such terms and conditions, or misuse of the Parklet Permit, may result in the suspension and/or revocation of the Parklet Permit as specified in the Ordinance. Signature of Applicant Printed Name Date 1 ' Checklist of items to include with Parklet Permit Application ❑ 1. Completed and signed Parklet permit application. ❑ 2. A copy of a current Business Tax Receipt from the City of Fort Lauderdale. ❑ 3. Current liability insurance Certificate and documentation of Parklet insurance requirements. ❑ 4. A Parklet operations plan, including a sketch or drawing of the Parklet operations area, bicycle lanes, fire hydrant and fire connection locations, and a. Location Map b. Plan showing dimensions,features,traffic device placement and location of Parklet c. Elevations d. Construction details and structural design, signed and sealed by an engineer. e. Photos of proposed Parklet area from 4 different viewpoints f. A bond to secure restoration of the right-of-way. g. And any other requirements as determined by the Interdepartmental Committee ❑ 5. Fees • A non-refundable ap lication fee of$100.00 • Parking space fee of"s • Sidewalk cafe fee, if appqlic bble. i • Concurrency fee, if applicable. If the application has insufficient space for you to complete any item, you may attach additional sheets that are labeled with the applicant's name and applicable section of the application. Note: The Parklet Permit application must include all required attachments before acceptance.