2017-4069 Ordinance ORDINANCE NO. 2017-4069
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 82-385, ENTITLED
"MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR
OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK
CAFE STANDARDS AND CONDITIONS OF OPERATION FOR
BUSINESSES LOCATED ON OCEAN DRIVE BETWEEN 5TH
STREET AND 15th STREET; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, on September 27, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29590, approving a 10-Point Plan for Ocean Drive; and
WHEREAS, the 10-Point Plan specified that sidewalk café umbrellas should be allowed
to be bolted or similarly attached to the sidewalk, that umbrellas be allowed to be zipped
together with gutters and that umbrellas be allowed to have roll-down, transparent tarps to be
utilized during rain or wind events; and
WHEREAS, Ocean Drive is a unique, historic and highly significant promenade
containing hotels, restaurants and retail establishments, which serve tourists and residents
alike; and
WHEREAS, the Ocean Drive Sidewalk Cafe Design Guidelines offer design standards
that will create a more balanced approach that will accommodate sidewalk café seating,
pedestrian circulation and services; and
WHEREAS, the need to maintain a careful balance between the operational needs of
businesses and the architectural character and integrity of the streetscape is critical for the long
term success of Ocean Drive; and
WHEREAS, the design standards contained within the Ocean Drive Sidewalk Café
Design Guidelines will improve pedestrian safety, security and ADA access serving the health,
safety, and welfare of the City's residents and visitors.
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 82-385 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. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes.
* * *
(k) (1) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily
removable, and shall not be physically attached, chained, or in any other manner affixed
to any public structure, street furniture, signage, and/or other public fixture, or to a curb
and/or public right-of-way.
(2) Notwithstanding the provisions of subsection (k)(1), on the west sidewalk on Ocean
Drive between 5th Street and 15`h Street, umbrellas may be affixed to the sidewalk with
an in-ground mount system that is flush with the sidewalk or with a bolted metal plate not
to exceed nine inches (9") by nine inches (9") in size. A detailed engineering design, and
a structural analysis of either the mount system or metal plate, shall be submitted to the
department of public works for review and approval. If permitted, such mount system or
metal plate must be easily removable (as determined by the city) to provide a smooth
ADA-compatible surface when the mount system or metal plate is removed. In the event
that a particular sidewalk café is no longer a permitted use, the umbrellas and entire
mount system or metal plates shall be removed and standard concrete sidewalk shall be
re-installed, subject to the approval of the department of public works.
* * *
(r) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant
material. No portion of an umbrella shall be less than six feet eight inches above the
right-of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened
together in order to form a tentlike structure. Clear plastics or other materials may not be
fastened, rolled or otherwise be attached to umbrella edges in order to create an
enclosure.
(2) Notwithstanding the provisions of subsection (r)(1), and subject to planning
department review and approval, the following provisions shall apply to sidewalk cafes
located on the west sidewalk on Ocean Drive between 5th Street and 159h Street:
a. A maximum of three (3) umbrellas may be zipped together;
b. Rain gutters may be installed between zipped umbrellas;
c. Colorless and transparent roll-down tarps may be permitted to be attached to
um_brellas, provided that the tarps are only utilized during periods of strong wind
or rainfall. Within one hour of the cessation of such wind and/or rainfall, the roll-
down tarp shall be removed from the umbrella/awning system and stored on
private property.
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
re-lettered 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 .2/ day of 16n ti 4ry , 2017.
PASSED and ADOPTED this /1 day of I am**r� , a
ATTEST:
Philip Levee, M� :j
/
Rafael E. Granado, ity Clerk
APPROVED AS TO
Underline denotes added language FORM&LANGUAGE
Strike through denotes deleted language &FOR EXECUTION
(Sponsored by Commissioner Ricky Arriola) (g (4.
II
\ 0 City Attorney Date
•
)4 ..INCORP ORATED.
44, CH 26}
n
F:\ATTO\KALN\ORDINANCES\Ch 82 Ocean Drive standards-Final Ordinance.docx
Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 11, 2017
10:25 a.m. Second Reading Public Hearing
SUBJECT: 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," BYAMENDING SUBDIVISION II, "PERMIT," BY AMENDING
SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND
CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK
CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES
LOCATED ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
ANALYSIS
BACKGROUND
On September 27, 2016, the Mayor and City Commission adopted Resolution No. 2016-29590,
approving a 10-Point Plan for Ocean Drive. As part of this 10-Point Plan, revised design standards
and guidelines for sidewalk cafes were developed and approved. The elements of the approved
guidelines related to the securing of umbrellas to the sidewalk, as well as certain design standards
for umbrellas, require amendments to Chapter 82 of the City Code. The sponsor of this proposed
Code Amendment is Commissioner Ricky Arriola.
ANALYSIS
The following is a summary of the proposed modifications to Chapter 82 of the City Code, to
accommodate the Ocean Drive Sidewalk Cafe Design Guidelines approved under the 10 Point Plan.
The proposed modifications are specific to properties located on the west side of Ocean Drive
between 5th street and 15th street:
Securing of Sidewalk Umbrellas
® Umbrellas may be affixed to the sidewalk with an in-ground mount system that is flush
with the sidewalk or with a bolted metal plate not to exceed nine inches (9") by nine inches
426
(9") in size;
• A detailed engineering plan must be approved by the Public Works Department;
• The mount system or metal plate must be easily removable (as determined by the city) to
provide a smooth ADA-compatible surface when the mount system or metal plate is removed;
• At the time a sidewalk café becomes non-operational, the umbrellas and mount system or
metal plates shall be removed and standard concrete sidewalk re-installed.
Umbrella Design Standards
• A maximum of three (3) umbrellas may be zipped together;
• Rain gutters may be installed between zipped umbrellas;
• Colorless and transparent roll-down tarps may be permitted to be attached to umbrellas,
provided that the tarps are only utilized during periods of strong wind or rainfall.
The modifications to Chapter 82 of the City Code proposed in the attached Ordinance are specific to
the standards and guidelines adopted as part of the 10 Point Plan for Ocean Drive, and are expected
to significantly improve sidewalk café seating, pedestrian circulation and services. These standards
were developed to maintain a careful balance between the operational needs of businesses and the
architectural character and integrity of the streetscape is critical for the long term success of Ocean
Drive.
UPDATE
On December 14, 2016, the City Commission approved the subject ordinance at First Reading, with
no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
FINANCIAL INFORMATION
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 City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Commissioner RickyArriola
ATTACHMENTS:
•
Description
o Ordinance
427