Resolution 93-20811 /LA00" kill;
RESOLUTION NO. 93-20811
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ORDERING A SPECIAL IMPROVEMENT
AND ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A
PERIOD OF ONE YEAR TO BE KNOWN AS THE OCEAN DRIVE SPECIAL
IMPROVEMENT DISTRICT NUMBER 1; DESIGNATING THE PROPERTY
UPON WHICH THE SPECIAL ASSESSMENT SHALL BE MADE FOR THE
PURPOSE OF FUNDING SECURITY AND ADDITIONAL MAINTENANCE
AND RELATED SERVICES WHICH WILL STABILIZE, BENEFIT AND
IMPROVE THE OCEAN DRIVE AREA; DESIGNATING THE LANDS IN
THIS DISTRICT UPON WHICH THIS SPECIAL ASSESSMENT SHALL BE
LEVIED AS SPECIFIED IN THE ATTACHED LEGAL DESCRIPTION,
AND STATING THE TOTAL ESTIMATED COST OF SUCH SPECIAL
ASSESSMENT.
WHEREAS, Chapter 170 , Florida Statutes, provides that a
municipality in Dade County may levy and collect special
assessments against property benefitted for the purpose of
stabilizing and improving retail and/or wholesale business
districts and/or nationally recognized historic districts through
promotion, management, marketing, and other similar services in
business districts in other municipalities; and
WHEREAS, that certain area of Ocean Drive from Fifth Street
through and including Fifteenth Street (the "District") falls
within the boundaries of the Art Deco Architectural District which
has been placed on the National Register of Historic Places by the
National Trust for Historic Preservation; and
WHEREAS, the District is a major center of tourism within the
City of Miami Beach, representing an area of significant economic
and employment opportunities within the City and the various
residents and business operators, including merchants, homeowners,
hoteliers and restaurants doing business in the District, as well
as community based organizations, wish to establish a mechanism
therein for the purpose of stabilizing and improving that area
through promotion, management, marketing and other similar services
in business districts in other municipalities; and
WHEREAS, the recent incidence of crime and related urban
problems in the District and in areas adjacent or approximate to
the District may inhibit the continued economic viability of the
District; and
WHEREAS, as a result of this increased criminal activity and
related urban problems, the District has been receiving adverse
publicity and attention in the local, national and international
media, which has created a negative perception of the District; and
WHEREAS, the aforementioned individuals have expressed concern
over the level of security, maintenance and related urban problems
in the District and the resultant need for increased security,
maintenance and other measures which would benefit the public
health, safety and welfare via continued patronage and traffic flow
to the District, as well as the reduction of negative publicity;
and
WHEREAS, the herein proposed improvement will include
increased or new security, and additional maintenance and related
services ; and
WHEREAS, the Mayor and City Commission intend to proceed in
accordance with Chapter 170, Florida Statutes, by creating a
special assessment district to be known as the Ocean Drive Special
Improvement District Number 1, for the purpose of funding security,
and additional maintenance and related services which will
• stabilize, benefit and improve the tourist and economic climate of
that certain area of Ocean Drive from Fifth Street through and
including Fifteenth Street.
NOW, THEREFORE, BE IT RESOLVED By the Mayor and City
Commission of the City of Miami Beach, Florida, that:
Section 1. All findings and recitals contained in this
Resolution are hereby adopted and incorporated
herein.
Section 2 . The Ocean Drive Special Improvement District Number
1 shall be authorized for a period of one year and
shall be annually re-established thereafter and
shall be in accordance with the applicable sections
of Chapter 170, Florida Statutes, as amended from
time to time. The subject Special Assessment
District of which lands the special assessment
shall be levied shall incorporate the total area as
shown in Exhibit "A" attached hereto, reflecting
the legal description as shown in Exhibit "B" ,
2
attached hereto, said District to be located in the
area comprising of Ocean Drive from Fifth Street
through and including Fifteenth Street. Both "A"
and "B" attached hereto are incorporated into this
Resolution.
Section 3 . Said improvement shall consist of the provision of
increased security, and additional maintenance and
related services for the area comprising the
District. A more detailed narrative and budget of
the proposed improvement appears in Exhibit "C" ,
attached to this Resolution and incorporated
herein.
Section 4 . Specifically, the benefits and enhancements of the
foregoing services and improvements to the Ocean
Drive Special Improvement District Number 1 are as
follows:
Security $466, 000
Sanitation 125, 000
Landscape Maintenance/Signage 125, 000
Management 75, 000
TOTAL $791, 000
Section 5. The subject improvement shall be designated in all
proceedings, assessments and legislation as the
"Ocean Drive Special Improvement District Number
1" , and the special assessment against the
benefitted property shall be in the amount of two
hundred fifty thousand dollars ($250, 000) , of the
total improvement of seven hundred ninety-one
thousand dollars ($791, 000) , and shall be made on
the basis of a proration according to the front
footage of the respective properties to be
specially benefitted by the improvement. Property
owners on corner lots will be assessed 1. 5 times
the above prorated amount levied per front foot.
Said method of assessment is set forth in further
3
detail in Exhibits "C" and "D" attached to this
Resolution, incorporated herein.
Section 6. Approximately 68 . 4 percent of the total estimated
cost of the improvement shall be paid by the City
from revenues from Ocean Drive Sidewalk Cafe permit
fees and from resort tax proceeds.
Section 7 . At the time of adoption of this Resolution, there
is on file with the Clerk of the City of Miami
Beach, an assessment plat showing the areas to be
assessed and an estimate of the costs of the
proposed improvement, as herein specified, which
assessment plat and estimate are open to the
inspection of the public.
PASSED and ADOPTED this 16th day of June , 1993 .
0140
MAYOR
Attest:
4111'
Z•41�.�,.,d. f.. r.
City Clerk FORM APPROVE )
jm:a:rja\odsad.res LEGAL DEPT.
By c7
Date 6- /("43
4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER'-' '`JE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 2B7-93 (1
TO: Mayor Seymour Gelber and DATE: June 16 , 1993
Members of the City Commission
FROM: Roger M. Ca to a
City Manager
SUBJECT: OCEAN DRIVE SPECIAL IMPROVEMENT DISTRICT
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolution creating a special assessment district to be
known as the Ocean Drive Special Improvement District Number One
which will encompass the area on Ocean Drive from Fifth to
Fifteenth Streets. A second resolution to set the required public
hearing is included in this agenda.
BACKGROUND:
Property owners in the Ocean Drive area have expressed support for
creating a special assessment district to provide for security,
maintenance and related services. The improvements to be provided
are described below as follows:
1) Security - $466, 000
The Miami Beach Police Department will provide services
through the use of an Ocean Drive Detail which will be a
specialized unit made up of one Sergeant and seven Police
Officers all of whom will be familiar with the types of
security and other problems evident in this area such as
groups of juveniles congregating or walking, cruising in
vehicles and drinking alcoholic beverages. Members of this
specialized unit will be trained to deal with these problems
through all available legal means.
The unit will be scheduled to provide maximum security
coverage at those times when patronage in the area is at peak
levels. On days off the regular patrol unit will provide
coverage in this area. The unit will utilize various
deployment strategies depending on the time, day and types of
events/activities scheduled in the area.
The Police Chief will present a semi-annual operation plan to
members of the district for their review and approval and will
meet monthly with members to discuss the needs of the
community. Further, members of the Ocean Drive Detail will
encourage communication with property owners so that they are
always aware of their concerns regarding potential or existing
problems.
These services will be provided in addition to the current
sector patrol and the City will continue to provide increased
coverage during special event activities and holidays as the
need prescribes.
AGENDA _�^ P\
ITEM
DATE - I ?=c) 3
Commission Memorandum - June 16, 1993
Ocean Drive Special Improvement District
2) Sanitation - $125, 000
The Special Improvement District will retain its own employees
to provide increased streetsweeping services in addition to
the current hand and mechanical streetsweeping services
provided by the City. Additionally the district will provide
for monthly pressure cleaning of sidewalks.
The City will provide the storage containers and will also be
responsible for disposing of the litter and trash from this
additional streetsweeping effort.
3) Landscape Maintenance and Signage - $125, 000
Services will include additional landscape maintenance and the
provision of informational signage within the area with
special focus on Lummus Park.
4) Management - $75, 000
Salary and fringe benefits for a District Manager who will be
responsible for administering the operations of the Special
Services District. The District Manager will be an employee
of the Miami Beach Development Corporation.
The City will enter into an agreement with the Miami Beach
Development Corporation, on behalf of the Ocean Drive Association,
to provide for the additional sanitation, landscape maintenance,
signage and management services within the Special Improvement
District. Security services will be provided by the Miami Beach
Police Department.
Basis for Special Assessment
Chapter 170 of Florida Statutes provides that a municipality in
Dade County may "levy and collect special assessments against
property benefitted for the purpose of stabilizing and improving
retail and/or wholesale business districts and/or nationally
recognized historic districts through promotion, management,
marketing, and other similar services. . . " .
The creation of a Special Improvement District to be known as the
Ocean Drive Special Improvement District Number One will be
established for the purpose of providing such services in order to
stabilize, benefit and improve the tourist and economic climate of
that area of Ocean Drive from Fifth Street through and including
Fifteenth Street. Should the concept be successful, the District
may be expanded to include Washington and Collins Avenues.
ANALYSIS:
Estimated Annual Cost
Security $466, 000
Sanitation 125, 000
Landscape Maintenance/Signage 125, 000
Management 75, 000
Total $791, 000
Estimated Funding Allocation
Special Assessment $250, 000
Sidewalk Cafe Permit Fees
(Ocean Drive) 41, 000
City - Resort Taxes 500, 000 2
Commission Memorandum - June 16, 1993
Ocean Drive Special Imprcvemer.t District
Method of Assessment
The total amount of the special assessment to fund the services
requested by the Ocean Drive Association is $250, 000 representing
31. 6 percent of the total cost. This portion of the cost of
providing the services will be prorated according to the front
footage of the respective properties specially benefitted by these
improvements. Owners of corner lots will be assessed one and one-
half times the amount levied per front foot. The estimated annual
cost of providing this benefit is $50. 00 per front foot.
Other Funding
A portion of the revenues from Sidewalk Cafe Permit Fees for Ocean
Drive will be applied toward funding the cost of the proposed
services. The City will fund the balance of costs for these
services from the proceeds of resort taxes. Resort taxes collected
within the Ocean Drive area represent approximately $675, 000 or
nine percent of the total amount collected within the City. After
paying for administrative services and making the required transfer
to the Greater Miami Visitors and Convention Bureau, about 60
percent of this amount or $405, 000 is available to the City.
CONCLUSION:
Providing these improvements will help to stabilize, and improve
the tourist and economic climate in this district. Substantial
benefit to the Ocean Drive area will ultimately result in
additional revenues to the City through increased resort taxes and
increased property values. It is clear that the enhancement of
quality of life issues in the Ocean Drive area is of great
importance. The Special Improvement District is a unique and
powerful tool to bring together government and the private sector
to ,solve problems resultant from the success of the area.
RMC:KM
Attachment
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1' -1 --''/ 1u" �I� EXHIBIT " "
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EXHIBIT "B"
LEGAL DESCRIPTION
Commence at the point of intersection of the center line of 5th
Street with the southerly extension of the center line of Ocean
Court, said point being the POINT OF BEGINNING; thence run
Northerly, along the center line of Ocean Court to the point of
intersection with the southerly extension of the west line of Lot
8, as shown in HARRISON AND HAYES SUBDIVISION of the Whitman tract
east of Collins Avenue in the City of Miami Beach, Florida,
recorded in Plat Book 9, at Page 73 , Public Records of Dade County,
Florida; thence run northerly, along the southerly extension of the
above mentioned Lot 8, and through the west line of Lots 8, 7 , 6 and
5 of said HARRISON AND HAYES SUBDIVISION to a point located in the
northwesterly corner of said Lot 5; thence run westerly, along the
north line of Lots 5 and 12 of said HARRISON AND HAYES SUBDIVISION
and the westerly extension of the north line of said Lot 12 to the
point of intersection with the center line of Collins Avenue;
thence run northerly, along the center line of Collins Avenue to
the intersection with the westerly extension of the north line of
Lot 19 , Block 56, shown in Fisher ' s First Subdivision of Alton
Beach, recorded in Plat Book 2 , at Page 77 , Public Records of Dade
County, Florida; thence run easterly, along the westerly extension
of said Lot 19 and along the northerly line of Lots 19 and 2 of the
above mentioned Block 56 to the northeast corner of said Lot 2 ;
thence run southerly, along the east line of Lots 2 and 1 of said
Block 56 and, its southerly extension to a point, said point, being
the northeast corner of Lot 2 , Block 77 of the above mentioned
Fisher ' s First Subdivision of Alton Beach; thence run southerly,
along the east line of Lots 2 and 1 of said Block 77 to a point
located on the north line of Lot 1, HARRISON AND HAYES SUBDIVISION
of the Whitman tract east of Collins Avenue in the City of Miami
Beach, Florida; thence run southerly, along the east line of Lots
1, 2 , 3 and 4 of said HARRISON AND HAYES SUBDIVISION to the
southeast corner of said Lot 4 ; thence run westerly, along the
south line of said Lot 4 and its westerly extension to the point of
intersection with the west right-of-way line of Ocean Drive; thence
run southerly, along the west right-of-way line of Ocean Drive to
the point of intersection with the center line of 5th Street;
thence run northerly, along the center line of 5th Street to the
POINT OF BEGINNING. Said lands located, lying and being in the
City of Miami Beach, Florida.
EXHIBIT "B"
■
9
EXHIBIT C
DESCRIPTION OF IMPROVEMENT
1) Security
The Miami Beach Police Department will provide services
through the use of an Ocean Drive Detail which will be a
specialized unit made up of one Sergeant and seven Police
Officers all of whom will be familiar with the types of
security and other problems evident in this area such as
groups of juveniles congregating or walking, cruising in
vehicles and drinking alcoholic beverages.
2) Sanitation
Streetsweeping services and pressure cleaning of sidewalks.
3) Landscape Maintenance and Signage
Services will include landscape maintenance and the provision
of informational signage within the area.
4) Management
Salary and fringe benefits for a District Manager who will be
responsible for administering the operations of the Special
Services District.
Estimated Annual Cost
Security $466, 000
Sanitation 125, 000
Landscape Maintenance/Signage 125, 000
Management 75, 000
Total $791, 000
Estimated Funding Allocation
Special Assessment $250, 000
Sidewalk Cafe Permit Fees
(Ocean Drive) 41, 000
City - Resort Taxes 500, 000
Total $791, 000
.0
EXHIBIT D
Method of Assessment
The total amount of the special assessment to fund these services
is $250, 000. This portion of the cost of providing these services
will be prorated according to the front footage of the respective
properties specially benefited by these improvements. Owners of
lots located at corners will be assessed one and one-half times the
amount levied per front foot. The estimated annual cost of
providing this benefit is $50. 00 per front foot.
-A-i
VIA•SATEWTE • SECTION-CM.
Taps for South Beach? =t+
! +_ . ',1.,, -1 ' .411
:� X71, • > - • `C,•''
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ili , .,.11 / t r FRIDAY,JUNE 4,1993
::iLl ,s. r A — `f • t . ~ 1' COVER STORY
riA '7 Hot spots shift inland
ekhiu
t,. S
I, _ ,
to �-= -"k !,.7:).,,, Continued from ID
�`� •.a f_, nal club/restaurant promoter.
���� - '. • "Weekends are strictly the bridge and causeway crowd,
I
\\\ t i 1 r". •
snorts Tara Solomon,Miami Herald's SoBe nightlife writer,o
\ t l. V I ,-•'1 h ' t4 .>� the mainland mob who gawk at TV crews and ogle models.
.:'..1,4,;• 'y y Teddy Gunter,an owner of the Non-Stop Prop Shop moans
11
�% ! �y "Ocean Drive is so synthetic.All the hip.lab people are gone.'
•�� �+.� t.- ! u Once a refuge for retirees, Marlelitos and crack addicts
s ro. South Beach blossomed almost overnight International lash
• .,lL - j ion catalog crews fell in love with its white beaches and pin{
f P - hotels. Dozens of model agencies and production companie-
' t. •-' T �'• opened on Ocean Drive.The pastel palette,deco hotels any
rt Latin spice became the backdrop for magazines from Vogue
r, i. �i Sim.• to Sassy.Conde Nast Traveler to HG.
..?"A 4 •--` But some say the picture isn't pretty.They say SoBe is
t 1 r • 'f purposeless paradise of sun.skin,sex,sand and spirits.Says
- - _ '\ Austin:"South Beach is Sodom and Gomorrah. People ham
1 _ sex in nightclubs here."
,,•,.- - Months ago Villard and Ballantine Books arranged a book
. , ".:.r+�``e-ittk` ' ii. luncheon for Robert Fulghum,author of All I Really Need Ic
\ Know,I Learned in Kindergarten at Celle Cozzolino for last
/
t. _4,..m90, weekend's American Booksellers Association convention.Un-
[/ .:�_�; known to them,the management had changed in the mean-
• Twos by AnOr•w ttwoe time.Librarians from across the country dined among large
TOO HIP TO LAST:Above,tourists Rene Diaz,left end Josephine Rodriguez stroll down paintings of male and female genitalia.
former celebrity hot spot Ocean Drive in Miami's South Beach.Below,director Jim Frawley. Further proof of moral decay?TV shows set here!:
left,filming the new NBC series'South Beach'with actors John Glover end Yancy Butler. la South Beach,a '905 Miami Lice starring Yancy Butte
•
(Mann and Machine)and John Glover,premieres on NBC Sun
Z day at 9:30 pm.ET/Pr,
•
ji
la Moor,i� -. }. Syndicated Hot People,Cool Unties "a younger,Moor,
l i. ,.'., :17��' I Lifestyles of the Rich and Famous."says host Rudy Maxa.
r Y la Do the Strand,a private-eye show starring 8111 Campbel
., (The Rocketeer),premieres this fall on ABC.
In ,, South Beach yawns at TV,fashion shoots and visiting celebs'� •(, i ( ' Madonna sightings are so common she's called"the Loch Nes
Y 4•M - ) ', Monster of South Beach." Walking Inlomercial Cher comes
h;, t and goes unmolested.Latest home buyer?Sly Stallone.
Mickey Rourke opened The Spot nightclub.Sean Penn went
/1. ,, in with Simply Red's Mick Hucknall on nightclub Bash. Ed
j Marinaro 1s opening his SoBe Bar and Rotisserie on Washing-
f'ssp ;�\ <( ton.Gloria Estefan is readying a restaurant on Ocean Drive.
But paradise has its problems.The Sun-Sentinel newspaper
•
t ✓ s- - I. recently reported that Ocean Drive's chichi restaurants want
more police on the street Recently,the sister-in-law of Miami
Beach police chief Phillip Huber was a purse-snatch victim.
COVER STORY George Larios, owner of the Larios on the Beach at 820
• Ocean Drive,told the Sun-Sentinel that South Beach had be-
Miami hot came a zoo n Drives.Tony Tuche,manager the News
Cafe at 800 Ocean Drive complained of kids heckling custom-
ers.Now he says."Things are calming down.Either the kids
are behaving or the cops are scaring them."
Bou-
spot may be Sod the Adis nttR here.headingll. hinlandulto Washingtonti
levard and Lincoln Road Mall.The truly cool eateries are on
Washington.411.Lulu's,The Strand.Chili Pepper,Bang and
burning out • Cassis. And the hot hotels are off Ocean. Robert a Niro,
Grace Jones.Gianni Versace and U2 bunk at the Marlin on
Collins;the Raleigh was the setting for Kelly Klein's Pools book
party and Revlon's Claudia Schiffer ball.The Century on the
south end of the island hosts David Geffen,Thierry Mugler
•
and Johnny Depp.
Cutting edge BSA TODAy ElizabeY Snead But Lincoln Road Mall.the northern border of the deco dis-
trict,is the new frontier.In the'30s,it was a classy shopping
is getting street.falling into disrepair in the fiOs.Now the outdoor mall is
SOUTH BEACH —Call it happening with an galleries, Lincoln Road Theater, Miami
dulled by its the American Riviera. Bet- City Ballet. New World Symphony. cafes, and antique and
ter than St. Barts. Hotter hook shops.
Popularity. than the Hamptons. More Ocean Drive's hip News Cole is opening a clone on Lincoln
"in" than Ibiza. Way cooler Road this fall,complete with upstairs hotel.
NBC's 'South than Malibu. Mitch Kaplan opened Books and Books on Lincoln Road
Where?South Beach,Mi- Mall Ave years ago:"This is the alternative now to the Ocean
Beach, 3D ami.But hurry.The bloom is Drive madness."
almost off SoBe's rose tattoo. Even die-hard deco lovers wonder how many photos of pale
Crowds,crime and(thud- pink buildings people will want.Barbara Hulanicki,designer
der)overexposure are caus- of the Marlin and other Art Deco hotels,is daubing the Nether-
ing an exodus of the fickle fashion flock who made SoBe a lands Ocean Drive condo in bright blue.green and orange"to
model mecca.Ocean Drive.the once-so-chic seaside street keep photographers from getting bored with Miami."
is off the hip list. Tourist trade aside,residents hope to nurture culture.But
Says Toni Austin of Miami's alternative paper New some doubt SoBe will ever be anything but a vacuous vacation-
Times:"It's just begun and it's already over." land.Sacs Austin:"There's a lot of intellectual posing here.It's
Michelle Pommier Models,one of the first of 22 agencies a whole fav of the Uxtist thing People flock here thinking it
on Ocean Drive.is heading to the calmer south tip of the will change their life."
island and opening a office in fashion's new focus,Scotts- Last fall, two days after Hurricane Andrew devastated
dale.Ariz Of Ocean Drive. Pommier shrugs:"You can't neighboring Homestead,SoBe clubs were going wild,despite
work in that kind of atmosphere." an I I p.m.curfew.Austin marvels:"These people are addicted
"We've lost Ocean Drive."sighs Louis Canales.an origi- to going out.It was like they didn't have water,"
Despite the inevitable exodus of the cool crowd, South
Please see COVER STORY next page► Beach will probably remain an unparalleled party paradise.
"It's still a fabulous holiday."insists Canales."And you don't
have to gni ihnis"
9
_.As
ii
plum-
kaL
_ice a....
OCEAN DRIVE ASSOCIATION
June 10, 1993
Mayor Seymour Gelber and
Members of the City Commission
1700 Convention Center Drive
City of Miami Beach, Florida 33139
Dear Mayor Gelber and Commissioners:
The Ocean Drive Association supports the creation of a Special
Services District for management, marketing and promotion of
Ocean Drive -- particularly for increasing the level of
security, sanitation and landscaping services.
Property owners, business operators and residents of the area in
recent months became increasingly concerned with the manner that
the Street operates and functions, particularly late at night.
Through meetings with the City Manager, the Police Chief and
other representatives of the Administration a comprehensive
program has been formulated based upon the following foundation:
Public/private commitment
to Ocean Drive and South Beach as
a unique international seaside resort
in a safe urban/pedestrian environment.
The Special Services District makes possible a neighborhood-
based police unit dedicated to addressing Ocean Drive needs. An
Operations Plan developed with substantial community input will
be monitored by regular meetings of the Ocean Drive Association
and the Police Department management.
The cleanliness of Ocean Drive and landscape maintenance of
Lummus Park are also among high priority concerns. Increased
services will be provided by the Ocean Drive community through a
service contract between the City and MBDC on behalf of the
Ocean Drive Association.
This program has been developed with the expectation that it
will serve as first phase of a South Beach / Art Deco District
management program and will serve as a prototype and a model for
other parts of the City. Your support will be appreciated.
Since ly,
`Denis A. Russ,
-'For the Ocean Drive Association
ieli
MIAMIBEACH DEVELOPMENT CORPORATION t "
1205 DREXEL AVENUE,MIAMI BEACH,FLORIDA 33139,(305)538-0090 o:I( I
13
AGENDA _ I
ITEM
R�—
DATE ' v a Cl 3
•
OCEAN DRIVE ASSOCIATION COMPREHENSIVE SECURITY
SPECIAL SERVICES PROGRAM
April 1993
Problems
Potentially dangerous late night activity
Gang members engaging each other on the street
Late night crowds of young visitors cruising the street
Very loud and intrusive car and boombox radios
Inappropriate behaviour by Panhandlers and Street Vendors
Skaters and bikers endangering pedestrians
Physical intimidation of area visitors.
Proposed Solutions
Public / Private Commitment to Ocean Drive and South Beach
unique international seaside resort in a safe urban/pedestrian environment
1. Ocean Drive Detail. specialized police unit composed of dedicated
officers and supervisors spending all duty hours every day on Ocean Drive
committed to solving area problems, with concentrated coverage on the weekend.
2. Special Services District. Create Ocean Drive special services
district as a model and prototype for a Deco District / South Beach --
ocean/collins/washington special services district. Contract for required
security services with the City and provide adequate measureable review.
3. Teen Restriction. After midnight preclude unsupervised teenagers
from public space in the City.
4. Noise. Prohibit portable amplified music from streets, sidewalks,
park and beach. Subject to $100 fine.
5. Cruising. Prohibit cruising. Subject to $100 fine.
6 . Littering. Enforcement of anti-littering ordinances. subject to
$100 fine.
7. Arrests. Enable the Police to undertake appropriately firm "Quick
Arrests" to maximize Police coverage on the street.
8. Security Lighting. Require adequate security lighting of vacant
buildings and the park and beach areas of the City.
9. Panhandlers & vendors. Enforce prohibitions on Street Vendors and
Panhandlers.
10. Skaters and Bikers. Enforce prohibitions against skaters and bikers
on west sidewalk.
11. Alcoholic Beverages. Assure compliance with responsible liquor
vendor program. Prohibit sale of alcohol at mini-markets and gas stations
after midnight.
Prototype for Neighborhood Development Initiatives throughout Miami Beach
n
OCEAN DRIVE ASSOCIATION
POLICY STANDARDS
March 17 1999 . . . . September-17-1991 . . . April-17-1992-
revised May 1, 1993
•
r
1J
OCEAN DRIVE ASSOCIATION
POLICY, STANDARDS
March i; 1990 . . . . September-1;-1991 . . . Aprr1-1;-1992
revised May 1, 1993
1 PURPOSE 11
2 VISION
2 . 1 Art Deco District: Preservation & Development. 1
2 . 2 Ocean Drive: Planning & Urban Design. 22
2 . 3 Ocean Drive Evolves .
3 STREET QUALITY AND DESIGN 3
3 . 1 Handbills, Fliers and Grafitti. 3
3 .2 Sidewalk Cafes. 3
3 . 3 Amplified Music and Noise. 3
3 .4 Street Furniture and Trash Recepticles. 3
3 . 5 Public Signage. 4
3 . 6 Private Signage. 4
3 . 7 Westside "Restricted Hotel and Loading Zones" . 4
3 .8 Increased Tree Canopy. 5
3 .9 Historic Building Marker Program 5
3 . 10 Bike Racks. 5
3 . 11 Commercial Vehicles. 5
3 . 12 Vintage Car Parking Permitted. 6
3 . 13 Prohibition of Street Vendors and Panhandlers. 6
3 . 14 Restrictions on Rickshaws and Pedicabs. 66
3 . 15 Skating, Biking and Skate Boarding. 6
3 . 16 "Curb your dog. "
4 BUILDINGS & MOTORIZED VEHICLES ON THE BEACH 6
5 OCEAN DRIVE AUDITORIUM. 7
6 OCEAN DRIVE / LUMMUS PARK CONSTRUCTION COMPLETION 7
6 . 1 Damage to Hotel Properties 7
6 .2 Uplighting on Westside. 8
6 . 3 Replacement of Dead Trees. 8
6 .4 Lummus Park, Playgrounds and Activities. 8
7 COMMERCIAL/FASHION FILM/PHOTO INDUSTRY 8
7 . 1 Assistance to Industry. 8
7 .2 Modify Zoning Restrictions. 9
16
7 . 3 Commercial Vehicles9.
9
8 SPECIAL EVENTS PROGRAMMING
8 . 1 Use of Ocean Drive for Special Events. 910
8 . 2 Art Deco Weekend.
8. 2 . 1 Food and Beverage Concessions.
10
10
8 . 3 Sunday' s in Lummus Park. 10
8 . 4 Summertime Special Events.
9 JOINT PROMOTION AND MARKETING PROGRAM 1010
10 SECURITY AND SAFETY
10
10 . 1 Identification of Problems 11
10 . 2 Proposed Program Solutions
11 MAINTENANCE OF STREETS, PARKS & SIDEWALKS 1212
12 DESIGN REVIEW CRITERIA FOR SIDEWALK CAFES
13
12 . 1 BACKGROUND 13
12 . 2 SIDEWALK CAFE DEFINED 13
12 . 3 LOCATION OF SIDEWALK CAFE
12 . 3. 1 PROXIMITY TO LICENSED FOOD ESTABLISHMENT 1313
12 . 3 .2 PEDESTRIAN PATH CLEARANCE 14
12 . 3.3 RELATION TO LOT AND CURB
12 .4 DESIGN REQUIREMENTS 14
12 .4 . 1 QUALITY ASSURANCE 14
12 .4 .2 HISTORIC ARCHITECTURAL DISTRICT 14
154
12 .4 . 3 TABLE AND CHAIR ATTACHMENTS 15
12 .4 .4 SIGNAGE
12 .5 SERVICE QUALITY STANDARDS
15
12 .5 . 1 WAITER SERVICE 1515
12 .5 .2 FLATWEAR AND CHINA 15
12 .5 . 3 LIMITED TO ACTUAL OPERATIONS
12 .5 .4 MAINTENANCE AND REPAIR 15
165
12 .5 .5 CONDUCT OF PATRONS
12 .6 APPLICATION REQUIREMENTS
16
12 . 6. 1 REQUIRED APPROVALS 1616
12 . 6 .2 REQUIRED SUBMISSIONS
12 .7 PARKING IMPACT 16
i
Y
12 . 8 LIABILITY AND INSURANCE 16
12 .8. 1 LIABILITY 16
12 .8 .2 REQUIRED INSURANCE 16
13 BY-LAWS OF THE OCEAN DRIVE ASSOCIATION 17
13 . 1 NAME 1717
13 .2 PURPOSE 17
13 . 3 AFFILIATION 17
13 .4 MEMBERSHIP 17
13 .5 MEMBERSHIP MEETINGS 18
13 . 6 EXECUTIVE BOARD 18
13 . 7 OFFICERS 18
13 . 8 AMENDMENT
S
OCEAN DRIVE ASSOCIATION
POLICY STANDARDS
March 1; 1998 . . . . September-1;-1991 . . . ApriI-1;-1992-
revised May 1, 1993
1 PURPOSE
It is the purpose of this document to describe policy
standards that will serve to guide the public and private
sectors in decisions and activities on Ocean Drive.
This document is the product of a dynamic process that
involves community dialog, professional input and public
and private sector interaction.
The process is to continue and the resulting document
constitutes at any one time the policy standards developed
to date.
It is the intention of the Ocean Drive Association to
present these Policy Standards to the City Commission of
the City of Miami Beach and annually to report to the City
Commission on additions, deletions and modifications as
well as development and activities of Ocean Drive.
The Association is of the view that this is still an early
stage in the area's revitalization, and that continued
improvement requires that a great many people work
effectively together.
The Association appreciates the substantial efforts of the
City of Miami Beach Commission and Administration.
2 VISION
Ocean Drive is the first American Riviera.
It is an historic architectural district. It is a unique
seaside urban/pedestrian resort. It is a community of
international scope. It is a place that articulates and
amplifies good taste, fair value, cleanliness, safety,
warmth, individuality, enlightenment, culture and must be
void of commercial pollution.
2 . 1 Art Deco District: Preservation & Development.
"Ocean Drive will serve as the center of the Deco
theme. The area will become the focal point of the
District with busy sidewalk cafes, lush tropical
May 1 , 1993 PAGE NO. 1
19
plantings , a widened beach and sophisticated hotels
all frequented by a diversified clientele . .
First floor spaces will be transformed to more active
tourist-oriented services such as restaurants and
cafes . . Ocean Drive will serve as a promenade to
stroll along, enjoying the scenic view and the
constant activity in the area. "
MDPL's Anderson Notter Finegold "Miami Beach Art
Deco District Preservation and Development Plan"
January 1981 .
2 . 2 Ocean Drive: Planning & Urban Design.
"Implementation of the improvements described in this
study combined with new private investment will
result in an economically attractive and active,
tourist-residential-entertainment-recreation mixed-
use district. What will make the Ocean Drive
District unique is an emphasis on pedestrian
activity, historic character, urban location and
seaside environment. This combination of setting and
activities is found nowhere else in South Florida and
perhaps in only a few locations in the United
States. "
The City of Miami Beach Planning Department
"Ocean Drive: A Planning & Urban Design
Strategy" , October 1984 .
2 .3 Ocean Drive Evolves.
"Over the past few years, Ocean Drive has gone from
being a street of lovely but dilapidated buildings to
being an alluring and even glamorous place to walk,
sit, stop, eat. . . . Rarely does a week go by when
there is not a fashion shoot or a film in progress:
The exotic pastel buildings and the ocean, side by
side, make Ocean Drive one of America's most
photogenic streets. . . . It is also now on its way
to becoming a great urban street, the kind that
everybody wants to stroll.
"Already, Ocean Drive has become a dining
destination. There are a dozen restaurants -- simple
to extravagant -- and more on the way. Of those
restaurants, six now spill out onto the new wide
sidewalk with cafe tables, and if observation serves,
they are full day and night.
" [T]he street is truly special. It is lined with
wonderful buildings--among them the Park Central
Hotel, the Breakwater Hotel, the Edison Hotel, the
May 1, 1993 PAGE NO. 2
,.O
I
Waldorf Towers Hotel and the Cavalier Hotel -- that
draw tourists and residents alike. And where else in
America do buildings meet the sea in such a jaunty
fashion.. . [T]his is certainly one of the best
streets in South Florida, and maybe even in America. "
Beth Dunlop, Architectural Critic of the Miami
Herald, The Miami Herald, December 8, 1989 .
3 STREET QUALITY AND DESIGN
3 . 1 Handbills, Fliers and Grafitti.
Ocean Drive Association favors active enforcement of
the prohibition on distribution of handbills and
fliers through imposition of $100 fines for each
occurance.
Even stronger penalties should be imposed against
those who deface property through Graffiti.
3 .2 Sidewalk Cafes.
The Ocean Drive Association has adopted Design Review
Criteria for Sidewalk Cafes intended to encourage the
development of sidewalk cafes as a special street
amenity and limit the potential detrimental impact
through design review criteria.
1
3 .3 Amplified Music and Noise.
Amplified music and other noise should not be at
levels detrimental to neighboring operators and
residents on Ocean Drive.
Ocean Drive Association encourages compliance with
the City of Miami Beach Noise Ordinance.
1
3 .4 Street Furniture and Trash Recepticles.
Street furniture, such as park benches and playground
equipment, should be of special design to assure
outstanding streetscape quality.
The standard City trash receptacle is not appropriate
4 on Ocean Drive. On the westside, the containers
should be located at all street corners and should be
natural wood looking. On the eastside, consider
4 containers attached to parking meter poles.
May 1, 1993 PAGE NO. 3
•
4
21
The uncontrolled proliferation of newspaper
containers and public pay telephones detracts from
the high quality streetscape that is intended for the
area.
•
3 .5 Public Signage.
At the McArthur Causeway, Fifth Street and Alton
Road, approriate entry/exit signs should be located
in the median visible upon entrance and exit:
"Welcome. You are now entering the historic Art
Deco District of Miami Beach. Included on the
National Register of Historic Places in 1979 ,
the District now blossoms and celebrates through
architecture the roots of our American culture.
Please enter and enjoy this precious place.
Please treat it with respect. Please keep it
clean. Please keep it quiet. Please keep it
beautiful. "
"Thank you for visiting the historic Art Deco
District of Miami Beach. Thank you for
respecting our community. Buckle up. Drive
safely. Come back soon. "
On Ocean Drive at 5th, 10th, and 15th Streets similar
welcoming signage should be restated to continue to
identify the area and encourage a respectful, relaxed
style of life.
3 .6 private Signage.
Restrictions on signage and temporary banners along
Ocean Drive should be more adequately enforced.
Permanent signs should be required to comply with
existing zoning, temporary signs and banners should
be prohibited and the circulation of handbills and
flyers should not be allowed.
In order to avoid "commercial pollution, " signage
should only include the name of the establishment . . .
and that's all!
3 .7 Westside "Restricted Hotel and Loading Zones" .
Parking meters have not be installed along the
westside of Ocean Drive. Adequate entrance to hotels
and restaurants must be assured. The flow of traffic
can only be maintained if the west curbside lane is
restricted to accommodate entry and exit to adjacent
property use. It is of particular importance that
May 1, 1993 PAGE NO. 4
the property owner monitors the use/misuse of the
space.
Parking enforcement was extended to 12 : 00 midnight on
the eastside as a result of the westside
restrictions.
Parking meters are appropriate and should be retained
in front of residential property, vacant property and
any other property not requiring restricted/loading
zones .
3 . 8 Increased Tree Canopy.
Ocean Drive Association supports an increased tree
canopy in Lummus Park, at the Beach and along Ocean
Drive, consistent with the earliest development of
the area. A joint public/private sector program
should be established to increase the amount of trees
in the immediate vicinity. Contributions from
special events producers should be considered as one
way to fund the program.
3 .9 Historic Building Marker Program
An historic building marker program should be
initiatied in Lummus Park which will identify and
celebrate the uniques and wonderful architecture.
3 . 10 Bike Racks .
Ocean Drive Association favors the location of bike
racks enabling secure bike storage along the Lummus
Park promenade. The racks should be consistent with
outstanding streetscape design requirements of Ocean
Drive. This program is designed to encourage biking
on the drive and in the district. If developed it
will lessen the vehicle and parking impact.
3 . 11 Commercial Vehicles.
Commercial vehicles, such as specially equipped motor
homes, that service the commercial and fashion film
and photo industry should be permitted to load and
unload on Ocean Drive.
Additionally, special restricted parking zones should
be located at most street intersections between Fifth
and Fifteenth Streets adjacent to Ocean Court, but
not at the Ocean Drive nor Collins Avenue corners.
3 . 12 Vintage Car Parking Permitted.
It will contribute to the ambiance of the area if
May 1, 1993 PAGE NO. 5
•
.Vs
vintage cars are permitted to be parked on Ocean
Drive without restriction.
3 . 13 Prohibition of Street Vendors and Panhandlers .
Street vendors and Panhandlers should be prohibited
from Ocean Drive. Enforcement should be rigorously
maintained.
3 . 14 Restrictions on Rickshaws and Pedicabs.
The Ocean Drive street is not wide enough to safely
permit rickshaws and pedicabs, except on the Lummus
Park serpentine walkway or on the crown of the beach.
3 . 15 Skating, Biking and Skate Boarding.
Skating, biking and skate boarding is permitted on
the Lummus Park serpentine walkway.
The prohibition of roller skaters, skateboards and
bycyclers on the west sidewalk should be enforced.
The sidewalk is for walkers. It is exceedingly
dangerous to the public and poses a substantial
liability risk to the City if such activities are
permitted on the west sidewalk. -
3 .16 "Curb your dog. "
It is increasingly more important for Ocean Drive to
be free of animal feces. The result is obvious and
the participation of the community is critical. An
informational caapagin should be immediately
commenced and an ordinance created.
4 BUILDINGS & MOTORIZED VEHICLES ON THE BEACH
The Ocean Drive Association opposes the construction of
any new buildings or additions to existing building
structures in Lummus Park and on the Beach, with one and
only one exception. That exception is the one story
addition to the Ocean Drive Auditorium to the south for
the purpose of creating an information center and
architectural archive for the district. Modifications to
existing structures should comply with all State, county
and city regulations and requirements, including design
review proceedings.
The Ocean Drive Association opposes the use of motorized
service vehicles on the Beach. Concession facilities
should contribute positively to enhance the visual and
May 1, 1993 PAGE NO. 6
7,4
•
aesthetic quality of the urban environment of the Ocean
Drive area. The Ocean Drive Association should be a
recognized party in monitoring the performance of the
concessionaire and must be fully involved in plans and
decisions upon the termination of the existing concession
agreement .
5 OCEAN DRIVE AUDITORIUM.
Programming of the Ocean Drive Auditorium at Tenth
Street should be modified to facilitate its use as a
conference facility and for concerts , lectures and
special events to further enhance the revitalization
of Ocean Drive.
Changes in the use of the Ocean Drive Auditorium is
needed for the further revitalization of Ocean Drive
and the Art Deco District. Having a facility that
serves as a center for large meetings ,
conventionettes , expositions, concerts, special
events -- as well as maintaining a capacity to meet
neighborhood needs and services -- is critical to the
vitality of the Ocean Drive area.
The facility is in need of internal and external
rehabilitation, adaptation and landscaping. An
addition to the existing structure should extend the
building to include the patio porch area. The
facility should work as a visitor and information
center.
A joint effort must be undertaken by the City, the
Bureau, the Chamber, MDPL and MBDC to accomplish this
goal .
6 OCEAN DRIVE / LUMMUS PARK CONSTRUCTION COMPLETION
6 . 1 Damage to Hotel Properties
Hotels and other properties along Ocean Drive have
experienced damage during the construction process .
Damage claims have been filed with the City and the
contractor. The Ocean Drive Association seeks for
the City to facilitate the proper administration and
resolution of such damage claims.
6 .2 Uplighting on Westside.
Ocean Drive Association requests that the maintenance
of the uplighting on the westside be substantially
improved as soon as possible.
May 1 , 1993 •
PAGE NO. 7
'�5
6 . 3 Replacement of Dead Trees.
It appears that a majority of the trees planted on
the west side of Ocean Drive have not survived and
require replacement. The look of the trees along
Ocean Drive is the most ongoing critical aesthetic
that exists on Ocean Drive. It is a message of
caring sent out to the public from the City. Ocean
Drive Association asks that the City address this
matter as soon as possible.
6 . 4 Lummus Park, Playgrounds and Activities .
The playground areas and equipment should be
relocated onto the beach area immediately east of the
wall, within a few hundred feet of where they are
presently located. Some of the equipment should be
changed to be more aesthetically consistent with the
surroundings .
Ocean Drive Association favors use of the Park
walkways for skaters and skateboards and prohibiting
such use on the westside of Ocean Drive.
The association favors the increase of a tree canopy
in Lummus Park, on the Beach and along Ocean Drive,
and greater landscaping to shield the boardwalk
promenade activities. Bike racks should be installed
along the promenade.
An effort should be undertaken to link the Lummus
Park/Ocean Drive promenade with the boardwalk at
Twenty-first Street in an aesthetically acceptable
manner.
7 COMMERCIAL/FASHION FILM/PHOTO INDUSTRY
7 . 1 Assistance to Industry.
The emergence of a commercial and fashion film and
photo industry in South Beach, principally on Ocean
Drive is compatible with Ocean Drive revitalization
as a regional and tourist attraction. The industry
should be encouraged.
7 . 2 Modify Zoning Restrictions .
Ocean Drive zoning should encourage the location of
offices and facilities that service the commercial
and fashion film and photo industry that has emerged
in South Beach, principally on Ocean Drive.
7 .3 Commercial Vehicles .
May 1 , 1993 PAGE NO. 8
'�6
Commercial vehicles, such as specially equipped motor
homes , that service the commercial and fashion film
and photo industry should not be prohibited from
Ocean Drive and should be permitted to load and
unload on Ocean Drive.
Additionally, special restricted parking zones should
be located at most street intersections between Fifth
and Fifteenth Streets adjacent to Ocean Court, but
not at the Ocean Drive nor Collins Avenue corners .
8 SPECIAL EVENTS PROGRAMMING
8. 1 Use of Ocean Drive for Special Events.
To fully realize the pptential of Ocean Drive
revitalization requires a consistent development of
the area with special events contributing rather than
detracting from the quality of the street's life.
Any programming of special events on Ocean Drive must
include the advice, counsel and guidance of property-
owners and business operators, through the Ocean
Drive Association.
The Ocean Drive Association generally favors special
events that fit into the everyday ambiance of street
life, that avoids closing the street to traffic and
that does not create a carnival, street festival or
extraordinary impact of people upon the street and
its businesses.
The administration of the City of Miami Beach should
seek the advice and counsel of the Ocean Drive
Association prior to granting a permit for use of
Ocean Drive or Lummus Park for special events.
The City of Miami Beach Visitor and Convention
Authority should seek the advice and counsel of the
Ocean Drive Association prior to awarding funding to
special events to be located on Ocean Drive or Lummus
Park.
8.2 Art Deco Weekend.
The Ocean Drive Association seeks to work cooperatively
with the Miami Design Preservation League to assure that
Art Deco Weekend is an outstanding celebration of the
architectural district and the attributes of the
community.
May 1 , 1993 PAGE NO. 9
•
'7�
8 . 2 . 1 Food and Beverage Concessions .
Ocean Drive Association desires to become the food
and beverage concession for the Art Deco Weekend. A
more attractive presentation will be made on behalf
of the area if food vendor operations are upgraded
from festival/carnival food to a sampling of the area
restaurants . Ocean Drive Association seeks the right
of first refusal for food and beverage concession for
Art Deco Weekend.
8 . 3 Sunday' s in Lummus Park.
Ocean Drive Association seeks to produce "Sunday's in
Lummus Park, " a special events jazz and classical
music program in the season.
8 .4 Summertime Special Events.
Ocean Drive Association would support a quality
summertime special events program that would be
business generating to the hotels, restaurants and
other commercial businesses along Ocean Drive.
9 JOINT PROMOTION AND MARKETING PROGRAM
It is the goal of the Association to articulate the Joint
Promotion and Marketing Program during this current year.
10 SECURITY AND SAFETY
10. 1 Identification of Problems
Problems
Potentially dangerous late night activity
Gang members engaging each other on the street
Late night crowds of young visitors cruising the street
Very loud and intrusive car and boombox radios
Inappropriate behaviour by Panhandlers and Street Vendors
Skaters and bikers endangering pedestrians
Physical intimidation of area visitors.
10.2 Proposed Program Solutions
Proposed Solutions
Public/Private Commitment
to Ocean Drive and South Beach
as a unique international seaside resort
PAGE
1 , 1993 NO. 10
'ZS
in a safe urban/pedestrian environment'
1 . Ocean Drive Detail . Specialized police unit composed
of dedicated officers and supervisors spending all duty hours
every day on Ocean Drive committed to solving area problems ,
with concentrated coverage on the weekend. Weekly coordinating
meetings should be convened between Ocean Drive Association and
Police Department Management.
2 . Special Services District. Create Ocean Drive special
services district as a model and prototype for a Deco District /
South Beach -- Ocean/Collins/Washington special services
district. Contract for required security services with the City
and provide adequate measureable review.
3 . Teen Restriction. After midnight preclude unsupervised
teenagers from public space in the City.
4 . Noise. Prohibit portable amplified music from streets ,
sidewalks, park and beach. Subject to $100 fine.
5 . Cruising. Prohibit cruising. Subject to $100 fine.
6. Littering. Enforcement of anti-littering ordinances .
Subject to $100 fine.
7 . Arrests. Enable the Police to undertake appropriately
firm "Quick Arrests" to maximize Police coverage on the street.
8 . Security Lighting. Require adequate security lighting
of vacant buildings and the park and beach areas of the City.
9 . Panhandlers & Vendors. Enforce prohibitions on Street
Vendors and Panhandlers.
10 . Skaters and Bikers . Enforce prohibitions against
skaters and bikers on west sidewalk.
11 . Alcoholic Beverages. Assure compliance with
responsible liquor vendor program. Prohibit sale of alcohol at
mini-markets and gas stations after midnight.
Prototype for City-wide Neighborhood Development Initiatives
11 MAINTENANCE OF STREETS, PARKS & SIDEWALKS
It is the goal of the Association to articulate the
program for maintenance of streets, parks & sidewalks
during this current year. In order to be fully effective
the program must be developed and implemented in close
cooperation with the City.
May 1 , 1993 PAGE NO. 11
29
MmiummemOMEMMY
•
OCEAN DRIVE ASSOCIATION
POLICY STANDARDS
APRIL 1, 1992
ADDENDUM ONE
12 DESIGN REVIEW CRITERIA FOR SIDEWALK CAFES
12 . 1 BACKGROUND
The sidewalk cafe is an immensely romantic institution and
should not be analyzed in sober prose. One
ishoulshould
erereally
write a long poem about it. Or a song,
and
lighthearted with a touch of sentiment but no
sentimentality. The sidewalk cafe is a special place -- a
place to lean back, to observe human foibles, to forget
space and time, and breathe ambience, companionship and
joie de vivre.
Joseph Wechsberg, Holiday Magazine, 1964
Sidewalk cafes have increasingly appeared in plazas, along
r sidewalks and waterfronts, and in downtown malls. They can
generate business and encourage additional pedestrian traffic,
thereby discouraging street crime. Well-designed and
well-placed sidewalk cafes give identity and vitality to an area
and can serve as the focus for special attractions. They can,
as well, enhance the aesthetic value of urban life.
It is also recognized that the presence of sidewalk cafes
can have a detrimental effect if they are permitted to obstruct
pedestrian traffic, cause sanitation, maintenance and insurance
problems or are physically unsightly and poorly operated and
maintained.
It is the purpose of these design review criteria to
increase the positive benefits that flow from allowing sidewalk
cafes and avoid the potential problems.
12 .2 SIDEWALK CAFE DEFINED
A sidewalk cafe is any group of tables, chairs, benches,
and suitable decorative devices maintained upon any sidewalk for
the use in the sale to the public of food, refreshments, and
beverages of all kinds.
12 .3 LOCATION OF SIDEWALK CAFE
12 .3 . 1 PROXIMITY TO LICENSED FOOD ESTABLISHMENT
May 1 , 1993 PAGE NO. 12
;0
l
e
A sidewalk cafe
existin be licensed adjacent
operating cfood
proximity to an g,
establishment.
In instances where the location of a cafe extends into the
right-of-way in front of another property owner, the owner of
the proposed cafe shall be responsible for securing a lease
agreement with the effective property owner prior to the
issuance of the permit.
Permits shall be issued only to validly licensed
restaurants that wish to provide tables and chairs on the
sidewalks adjacent to their businesses for use by the general
public.
12 .3 . 2 PEDESTRIAN PATH CLEARANCE
Sidewalk cafes must be limited to five feet of the sidewalk
depth. A clear pedestrian path must be maintained at all times
free of planters, menu boards, display tables and any other
obstructions . The permittee shall use positive action to assure
that isesSesidewalkeuserswainterferes
or limits theirfree
emunobstructed
embarras
passage.
12 .3 .3 RELATION TO LOT AND CURB
The tables may be located either at the lot line or at the
curbside.
12 .4 DESIGN REQUIREMENTS
12 .4 . 1 QUALITY ASSURANCE
Tables, chairs, umbrellas and any other objectstprovided
with the sidewalk cafe shall be of high quality
material, and workmanship; both to assure the safety and
convenience of users, and to enhance the visual and aesthetic
quality of the urban environment.
Design, materials, and colors shall be sympathetic and
harmonious with the environment.
12 .4.2 HISTORIC ARCHITECTURAL DISTRICT
Ocean Drive is located within the Miami Beach Architectural
District as listed on the National Register of Historic Places
and has been designated a local preservation district by the
City of Miami Beach.
Sidewalk cafes shalresetfulgnof with
the sensitivity
concentration tof
existing streetscape, Pec
PAGE NO. 13
May 1 , 1993
-J
existing tropical deco buildings , and in a manner that is
compatible with the size, scale, materials and character of the
existing buildings and the street.
12 .4 . 3 TABLE AND CHAIR ATTACHMENTS
Tables, umbrellas and chairs shall not be attached, chained
or affixed to any tree, post, sign or other fixtures, curb or
sidewalk within or near the permitted area.
12 .4 . 4 SIGNAGE
No advertising signs or business identification signs shall
be permitted in the public right of way. This shall prohibit
the use of umbrellas carrying company logotypes or other
commercial graphics. Menu boards of . a uniform size and style
shall be permitted.
12 . 5 SERVICE QUALITY STANDARDS
12 . 5 . 1 WAITER SERVICE
All food shall be provided by waiter or waitress service.
Self-service operations are prohibited.
12. 5.2 FLATWEAR AND CHINA
Restaurants shall use the same flatwear and china at
sidewalk tables as used for inside tables.
12 . 5 . 3 LIMITED TO ACTUAL OPERATIONS
All tables and accessory items must be removed from the
sidewalk whenever the sidewalk cafe is not in actual operation.
12 .5.4 MAINTENANCE AND REPAIR
Tables, chairs, umbrellas, and any other objects provided
with a sidewalk cafe shall be maintained with a clean and
attractive appearance and shall be in good repair at all times .
The sidewalk area from lot line to curb shall be maintained
in a neat and orderly appearance at all times and the area shall
be cleared of all debris on a periodic basis during the day, and
again at the close of each business day.
12 . 5 .5 CONDUCT OF PATRONS
Licensee is strictly accountable for the maintenance of
PAGE
1 , 1993 NO. 14
32
good order in the sidewalk cafe and proper conduct of his
patrons .
12 6 APPLICATION REQUIREMENTS
12 .6 . 1 REQUIRED APPROVALS
The location and design of the tables, chairs and awnings
shall be approved by the Planning and Zoning Department, Public
Works Department and Fire Department.
12 . 6.2 REQUIRED SUBMISSIONS
A site plan shall be submitted indicating the location of
the proposed use. Additionally, information shall be submitted
which indicates the type of chairs, tables and awning that will
be provided on the property.
12 .7 PARKING IMPACT
There is no parking requirement for sidewalk cafes. As
such, an impact fee is not required.
12 .8 LIABILITY AND INSURANCE
12 . 8. 1 LIABILITY
Prior to the issuance of a permit, the applicant shall
furnish the City with a signed statement that the permittee
shall hold-harmless the city, its officers and employees and
shall indemnify the city, its officers and employees for any
claims for damages to property or injury to persons which may be
occasioned by any activity carried on under the terms of the
permit.
12 .8.2 REQUIRED INSURANCE
Permittee shall furnish and maintain such public liability,
food products liability, and property damage from all claims and
damage to property or bodily injury, including death,
which may
arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage of
not less
than one million dollars for bodily injury, property
mage
respectively per occurrence. Such insurance shall be without
prejudice to coverage otherwise existing therein and shall name
as additional insureds the city, its officer and employees.
13 BY-LAWS OF THE OCEAN DRIVE ASSOCIATION
PAGE NO. 15
May 1 , 1993
33
[revised and restated -- April 29 . 1993 ]
13 . 1 NAME
The name of this association shall be the Ocean Drive
Association.
13 . 2 PURPOSE
The purpose of the association is to promote the
revitalization of the Ocean Drive neighborhood.
13 .3 AFFILIATION
The association shall be affiliated as a constituent part
of the Miami Beach Development Corporation. MBDC shall
, provide staff support, operating assistance and fiscal
stewardship. The Association shall act as an independent
policy making body.
13 .4 MEMBERSHIP
Persons who are Ocean Drive property owners or Ocean Drive
business owners -- from 5th Street to 15th Street shall be
eligible for membership.
Applicants shall be admitted to membership upon complying
with the following admission requirements: an expression
of commitment to the purpose of the association,
completion of a membership application form, and payment
of membership due, if any.
13 . 5 MEMBERSHIP MEETINGS
The annual membership meeting shall be convened by the
Chairman at the specific date, time and place designated
by the Board for the purpose of election of officers.
Regular membership meetings shall be held periodically at
such frequency as shall from time to time be determined by
the membership, .but no less frequently than once a month.
All members shall receive written notice by mail of each
membership meeting. At any duly called membership meeting
a quorum shall be composed of the members present.
13 .6 EXECUTIVE BOARD
An Executive Board shall be composed of the chairman,
PAGE NO. 16
May 1 , 1993
34
vice-chairman, and such other members as the membership
shall from time to time elect.
Meetings shall be convened at the call of the chairman
upon written notice to each director.
At any duly called meeting a quorum shall be composed of
those directors present.
13 .7 OFFICERS
The membership shall annually elect a chairman and a
vice-chairman.
The chairman shall appoint such committee chairman as
shall from time to time be deemed necessary, subject to
ratification of the Executive Board.
The duties of each of the officers shall be those that are
normal for such an association and those additional duties
as may from time to time be specifically provided by the
Executive Board.
13 . 8 AMENDMENT
These By-Laws may be amended by majority vote at any duly
convened membership meeting.
PAGE
1 , 1993 NO. 17
•
•
35
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