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2016-4003 Ordinance ORDINANCE NO.; 2016-4003 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, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFE PERMIT FEES, INCLUDING ANNUAL PERMIT APPLICATION FEES AND SQUARE FOOTAGE FEES, FOR BUSINESSES PARTICIPATING IN THE CITY'S WASHINGTON AVENUE PILOT PARKLET PROGRAM, WHICH PROGRAM SHALL TERMINATE ON MARCH 31, 204=7 2019; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, a parklet is a small "park," plaza, or creative public space that is physically installed or constructed in an on-street parking space; 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, on December 9, 2015, the Mayor and City Commission approved the creation of the Washington Avenue Pilot Parklet Program, in order to allow businesses located along Washington Avenue to install parklets for sidewalk cafe use in public rights-of-way on a temporary basis, subject to certain requirements and criteria; and WHEREAS, Chapter 82 of the Miami Beach City Code authorizes the City to charge restaurants with sidewalk cafes an annual permit fee of$150.00, plus $20.00 per square foot for the sidewalk cafe permit area; and WHEREAS, the Mayor and City Commission desire to abate sidewalk cafe permit application fees and sidewalk cafe permit fees for the Washington Avenue Pilot Parklet Program, in order to encourage businesses to participate in the program; and WHEREAS, concurrently with the duration of the Washington Avenue Pilot Parklet Program, the fee abatement authorized by this Ordinance shall have a duration of three years, and shall terminate on March 31, 2019. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 82-382 of Chapter 82 of the Miami Beach City Code 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. 82-382. Application. * * * (b) Application for permit to operate a sidewalk cafe shall include, but not be limited to, the ( ) PP P P , following information: * * * (9) The annual application shall be accompanied by a non-refundable base application fee as set forth in Appendix A. However, the non-refundable base application fee shall not be required for sidewalk cafe permit applications submitted to the City in conjunction with the Washington Avenue Pilot Parklet Pro•ram which •ro•ram shall terminate on --=-_= --' March 31 2019. * * * SECTION 2. That Section 82-383 of Chapter 82 of the Miami Beach City Code is hereby amended as follows: Sec. 82-383. Permit fee; penalties for late payments; review of fee; exception. (a) The annual permit fee for operation of a sidewalk café shall be as set forth in appendix A, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). (1) Notwithstanding any other paragraphs or provisions of this article, no square.footage fee as required by this section shall be required for the operation of sidewalk cafes north of 63rd Street through and including September 30, 2017. The abatement of sidewalk café square footage fees for businesses north of 63rd Street shall be the subject of a budget analysis and review by the City Administration by September 30, 2017. However a permit must be obtained and the annual base application fee required by subsection 82-382(b)(9) shall be paid for the operation of sidewalk cafes north of 63rd Street. al No square footage fee as required by this section shall be required for the operation of sidewalk cafés in conjunction with the Washington Avenue Pilot Parklet Program, which program shall terminate on March 1, 2019. 2 * * * SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect the If day of 67`✓r°Ck... , 2016. PASSED and ADOPTED this f day of M , 2016. y— ., ATTEST: / z; ,,,,,,i. van Iiiiti All ' S I t ��� ,�` B 4i;�q ilip Levi - ,!';7, Rafa I E. ranado =`e. . . , r / / , • City Clerk .-..-• ,� y ` f 1 . "•`�%/ APPROVED AS TO • .z. FORM&LANGUAGE (Sponsored by Commissioner s ck I TED: &FOR OCECUTION Underline denotes additions %�i - .��� � denotes deletions Dr Double underline denotes addition�fi N t it - eading CityAttomey p denotes deletion*1y:desa er'First Reading 10V--- F:\ATTO\KALN\ORDINANCES\Parklets\Sidewalk cafe ordinance waiver of fees for Washington Ave parkiet program.docx 3 • COMMISSION ITEM SUMMARY Condensed Title: 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, "USES IN PUBLIC RIGHTS-OF-WAY", BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-382,ENTITLED"APPLICATION,"AND SECTION 82-383,ENTITLED"PERMIT FEE;PENALTIES FOR LATE PAYMENT;REVIEW OF FEE;EXCEPTION,"TO ABATE SIDEWALK CAFÉ PERMIT FEES, INCLUDING ANNUAL PERMIT APPLICATION FEES AND SQUARE FOOTAGE FEES, FOR BUSINESSES PARTICIPATING IN THE CITY'S WASHINGTON AVENUE PILOT PARKLET PROGRAM; WHICH PROGRAM SHALL TERMINATE ON MARCH 31, 2017; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. Key Intended Outcome Supported: Enhance Pedestrian Safety Universally. Supporting Data (Surveys, Environmental Scan, etc: N/A . Item Summary: At the December 9,2015 City Commission meeting,the Mayor and City Commission approved a Washington Avenue Pilot Parklet Program on a temporary basis, to be administered by the Public Works Department, consisting of the following elements: • 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 6th Street and Lincoln Road. • Issuance of a parklet permit for a term of one(1)year. Said permit shall terminate on March 31,2017. • Parklet permits may be issued conjunction with sidewalk café permits or may be used for open space. • Parklet permits will be limited to street-fronting property owners or tenants operation of a sidewalk café parklet may only occur in front of their own business. • Permit 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. • Parklet Permit Fees include: o A non-refundable application fee of$100. o $1,200 annually per parking space used for the Parklet. • Parklet permittee responsibilities include: o All costs related to design, materials and installation. o All costs related to removal. o 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. o Insurance requirements for the installation and maintenance of a parklet depending on location and use. o 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. o 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. In addition,the City Commission directed the Administration to prepare the necessary ordinances to waive concurrency and sidewalk cafe fees for the Washington Avenue Pilot Parklet Program. The proposed Ordinance amendment abates sidewalk café permit fees for the Washington Avenue Pilot Parklet Program. Advisory Board Recommendation: Favorable recommendation by the Land Use and Development Committee. Financial Information: Source of Amount Account • Funds: OBPI Total Financial Impact Summary: Sidewalk cafés on Washington Avenue between 5th and 17th Street generate $64,160.00 annually in sidewalk café permit fees. If the program is successful in attracting additional sidewalk cafés to Washington Avenue,the program will generate food and beverage resort tax revenue. City Clerk's Office Legislative Tracking: Jose R. Gonzalez, P.E. Sign-Offs: Department Director Assistant City Manager City nager i JRG KGB 4P JLM AGENDA IT -.` �S MIAMI BEACH _ �� 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 o 1 he City Co 9, ission FROM: Jimmy L. Morales, City Manager DATE: March 9, 2016 SUBJECT: AN ORDINANCE OF THE MAYO. AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID''_, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS- OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82- 382, ENTITLED "APPLICATION," AND SECTION 82-382, ENTITLED "PERMIT FEE;" BY AMENDING SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO ABATE SIDEWALK CAFÉ PERMIT FEES, INCLUDING ANNUAL PERMIT APPLICATION FEES AND SQUARE FOOTAGE FEES, FOR BUSINESSES PARTICIPATING IN THE CITY'S WASHINGTON AVENUE PILOT PARKLET PROGRAM, WHICH PROGRAM SHALL TERMINATE ON MARCH 31, 2017; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that this Ordinance be adopted on Second Reading. FINANCIAL IMPACT Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be a fiscal impact on the City's budget by enacting the proposed ordinance as the anticipated revenue loss is anticipated to be minimal. Currently, sidewalk cafés on Washington Avenue between 5th and 17th Street generate $64,160.00 annually in sidewalk café permit fees. If the program is successful in attracting additional patrons to sidewalk cafés on Washington Avenue, the program will generate food and beverage resort tax revenue. BACKGROUND On April 29, 2015, the Washington Avenue Blue Ribbon Panel presented its final report and recommendations to the Mayor and City Commission. Following the presentation, the Mayor and City Commission held a discussion regarding the potential expansion of sidewalk cafés into the existing parking lane to create an opportunity for outdoor cafés in "parklets." The Mayor and City Commission directed staff to establish a program and guidelines for the design and approval of parklets on a temporary basis. At the December 9, 2015 City Commission meeting, the Mayor and City Commission approved Commission Memorandum — Ordinance Amending Fees for Washington Avenue Pilot Parklet Permit Program March 9, 2016 Page2 of 3 a Washington Avenue Pilot Parklet Program, to be administered by the Public Works Department, consisting of the following elements: • 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 6th Street and Lincoln Road. • Issuance of a parklet permit for a term of one (1) year. • Parklet permits may be issued conjunction with sidewalk café permits or may be used for open space. • Parklet permits will be limited to street-fronting property owners or tenants operation of a sidewalk café parklet may only occur in front of their own business. • Permit 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. • Parklet Permit Fees include: • A non-refundable application fee of$100. • $1,200 annually per parking space used for the Parklet. • Parklet permittee responsibilities include: • All costs related to design, materials and installation. • All costs related to removal. • 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 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 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. In addition, the City Commission directed the Administration to prepare the necessary ordinances to waive concurrency and sidewalk café fees for the Washington Avenue Pilot Parklet Program. The attached proposed Ordinance abates sidewalk café permit fees for the Washington Avenue Pilot Parklet Program. Also on the March 9, 2015 Commission meeting agenda for second reading is a proposed ordinance authorizing the City Commission to waive concurrency requirements for the Washington Avenue Pilot Parklet Program. Attached is a draft of the Pilot Parklet Permit Program that outlines the requirements of the Pilot Program, including the responsibilities of the permittee (Attachment A). Also attached is a Washington Avenue roadway exhibit that illustrates a typical placement of a parklet (Attachment B). DURATION OF THE PILOT PROGRAM The duration of the Washington Avenue Pilot Parklet Program is for one (1) year and shall terminate on March 31, 2017. The Pilot Program will be evaluated and brought back to Commission after nine (9) months for reevaluation. Commission Memorandum — Ordinance Amending Fees for Washington Avenue Pilot Parklet Permit Program March 9, 2016 Page 3 of 3 RECOMMENDATION The Administration recommends adopting this Ordinance. Attachments: A: Washington Avenue Pilot Parklet Permit Program (Draft) B: Washington Avenue Roadway Exhibit B/J RG/XRF T:\AGENDA\2016\March\Transportation\Ordinance Waving Fees For th Pilot Program for Temporary Parklets on Washington Avenue MEMO.docx Attachment A (r1 /I Cit y of Miami Beach ,,......_., Washington Avenue ............_Pilot Parklet Permit Program ( Draft ,...., ,_-.. :-. wi,. „,., . .. • 4 ' a ilk _ ,.. :Syr - _ f..., . .4, • , -___ .„_. .., ,.. „. „.„. ..ILL i. - I. kN'— ' ‘ '41..1 ':.'!' 1 '-. __ • 11, • i:j1:::-': r t 1 ' it-' it:i . ,1 R 2 - ir- ` r,. i S o • ` 1 1 i 1.ir ab-..* ' './.1itfie.i:•.... ' t. , ill ,/, - - ii it /tit , t '' gi;• ., , _ - . ,„ i ..„, .` r , , a_,.,..- ....,/, i . . •_ ,, ,..„, _...,,. .----, .. .9 . - .- ,-_ -■_1 a .•# ,ai ,, . . ., 4 - • - ^. .+ ' V lt, I - ' IP if ,,..,,, ,.,,tivaso. _ _..4.6. i . a : -.._ 4- -I-,ik: AO" 4 ito - r Wit.- 0:, 1 Y�• � � _ i� _: _ 4 � - ter-�yc--->. y FYI � i`Jo, I 1%11 i - er° >n^t, ,! #"'1: i A.ow L 1 i ' .1 4111. vir ,,,,,,... .. v.H..______,.______, __ I; •_. , .,,,,, -. ,_ •. . , ..... _.„... _:...._ ,. ___ ..• me. vi .1= ,,,,,i, ,‘- , ,,,,,,,,- !A we * **, , -.-rii . re.,. -.ma - t fi I v w e r *IOW .._, -..,, 4. , ..........,„ ..,7-- • •,,..7.•:,,,....,,_ •,�.„ i.. .._.•,:_. __.:,:„.9..,:..,...,,,,...., _ ?„.,• _ .„ ., , 1 •- _. . . ,...„.... ,. 5` , ..______. .._ .__ . ,,.. ... , , `, - - - \,.-\NN\, . ...,,,_,‘ •• ,,... „,......,, .. ., City of Miami Beach Department of Public Works 1700 Convention Center Drive Miami Beach, Florida 33139 www.miamibeachfl.gov 305-673-7000 Progra m 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 Parkiet Location Criteria Speed Limit Parklets for this pilot program will be permitted on both sides of Washington Avenue from 5th Street to Lincoln Road. 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- cation where there are space(s) for on-street parallel, angled, or perpendicular parking, including spaces with metered or unmetered parking. Street Slope Parklets are generally permitted on streets with a running 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. ■■■■11■■■1111•1111■•■ ■■ .. ■■■■i■ ,■■■■ 1111•1111■•1111■■■■■■ \_6"Curb(n'P 4 My Neighbor Parklet Sponsor My Other Neighbor (Business name and address) (My business name and Address) (Business name and address) EntranceLocatton g cord atrbtx 9 ft Meter#)00C-XXXX Meter#XXX-XXXX 6 ft 0 T T T T T Street Name Here di° �f 4 ft ■ Legend • Existing Parking Meter T Existing Parking Space Marking 1 Existing Street Tree I— l Existing Bike Rack 4 ft Required Parklet setback (not to be included in parklet size) VIExisting wal an n 0 (in sidewalk and in street) Existing Street Light N No 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 (2'/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 One (1) on-street parking space will be allowed for a location for wheel stops. Wheel stops shall be made of parklet per City block. If your parklet is located in an recycled rubber/plastic. area with single-meter parking, you will need to show the location of the parking meter (if applicable) to be Site Conditions. removed and the zone number. If no single meter, the Your initial site plan should accurately reflect the existing zone is posted and the number can be found on the site conditions and include streetscape features like parking meter(if applicable). adjacent bike racks, utility covers, street poles, existing signs, street trees, tree wells, etc. 3 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 mat gap applicant and their contractor. Parklets may be bolted to the 11 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 sloping street, staff will work with the designer to address Example connector P g g for<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 Mal 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 4-104k, weigh less than 200 pounds per square foot. , Surface materials. =z; Loose particles,such as sand or loose stone, are not permitted on the parklet. 1 Drainage. The parklet cannot impede the flow of curbside drainage. Designers are strongly encouraged to cover openings at either end of the p arklet with screens to prevent blockage blocka e from debris. 1111111111111111111111111111 Platform Cross Slope= Parklet platform rest areas cannot exceed two percent cross '�■■■■■��■ ' slopes. Your final construction drawings will need to show spot IMMPTINTAIEMINIIMMINEMI elevations for both the sidewalk and the platform areas. 1.11 ..111111111111...1 \-6"Curb t 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 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 Ny,r°3' that the elevation of the street rises the further you move from t o . the curb, effectively reducing the amount of space to build ^)f' r:4 the parklet platform. Whereas along the curb there may be 6 inches of clearance for your platform structure, clearance 1� N •,,. �;, �/.;.: can be reduced to as little as 2 inches further into the street. ',�' `'� • '�: Ori Furthermore, both curb heights and street crown heights 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 l fit within the allotted space and satisfy all slope and accessibility requirements. 1 5 The Pa rkl et 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). 42"ma buffer 36"min buffer Maintain a Visual Connection to the Street 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. Umbrellas 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. 5 • 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 ending on March 31, 2017. If a parklet permit is granted, the parklet permittee is responsible for: 1. A non-refundable application fee of$100. 2. $1,200 annually per parking space used for the parklet. 7 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 property. 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. 9 --n, ci?‘\1 i i r ,„ INCORP ORATED 5. ill' ,\-.1.6 P:4)1 City of Miami Beach Department of Public Works 1700 Convention Center Drive Miami Beach, Florida 33139 www.miamibeachfl.gov 305-673-7000 Parklet Permit Application 1 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: 1 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: 10 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 ft. (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 11 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 Miami B each. ❑ 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 application fee of$100.00 • $1,200 annually per parking space used for the parklet. 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. 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