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Resolution 2018-30411RESOLUTION NO. 2018-30411 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OCEAN DRIVE 'SIDEWALK CAFE DESIGN GUIDELINES, TO ALLOW FOR THE INSTALLATION OF BATTERY - POWERED OR ELECTRIC LIGHTING WITHIN UMBRELLAS ASSOCIATED WITH SIDEWALK CAFES LOCATED ON OCEAN DRIVE, BETWEEN 5TH STREET AND 15TH STREET, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, Ocean Drive is a highly visited iconic destination with retail establishments, hotels, restaurants and sidewalk cafes, serving residents and tourists alike; and WHEREAS, current lighting conditions do not provide for optimal visibility as needed for public safety and sidewalk cafe functionality; and WHEREAS, on March 21, 2018, the Neighborhood /Community Affairs Committee Meeting directed City staff to provide lighting recommendations to the City Commission; and WHEREAS, on October 14, 2016, the Mayor and City Commission adopted Resolution No. 2016- 29606, adopting the City of Miami Beach Ocean Drive Sidewalk Cafe Design Guidelines ( "Design Guidelines ") for sidewalk cafes located on Ocean Drive between 5th and 15th Streets; and WHEREAS, on February 8, 2017, the Mayor and City Commission adopted Resolution No. 2017- 29752, amending the Design Guidelines to allow the Historic Preservation Board to review and approve the proposed color retractable umbrellas on Ocean Drive, so as to ensure compatibility with iconic architecture; and WHEREAS, the Design Guidelines establish design standards intended to ensure the compatibility between sidewalk cafe furnishings and Ocean Drive's historic architecture; and WHEREAS, the Mayor and City Commission now desire to amend the Design Guidelines, to allow for the installation of battery- powered or electric lighting within umbrellas associated with sidewalk cafes located on Ocean Drive, between 5th Street and 15th Street, subject to certain conditions, in order to provide additional light sources that enhance visibility along the western corridor of Ocean Drive; and WHEREAS, any artificial lighting at sidewalk cafes on Ocean Drive must comply with Chapter 46 of the City Code, entitled "Environment," at Article V, entitled "Turtle Nesting Protection," which sets forth restrictions on artificial lighting and other activities, in order to reduce the impacts of artificial coastal lighting on threatened and endangered sea turtles that nest on the beaches of Miami Beach; and, further, any artificial lighting at sidewalk cafes on Ocean Drive must additionally comply with all applicable Federal and State environmental regulations; and WHEREAS, to provide for additional lighting that enhances the western corridor of Ocean Drive, the Design Guidelines are hereby amended to authorize City staff to approve the installation of one (1) light fixture, not to exceed eighteen (18) inches in diameter, under each approved sidewalk cafe umbrella, as part of a sidewalk cafe permit application; and WHEREAS, approved lighting must be fitted with ember color Light Emitting Diode (LED) lamps/bulbs, and protected by a shield to minimize light pollution; and WHEREAS, the approved lighting shall be ULI listed for wet exterior use, and may be battery operated, solar operated, or plugged into an electrical outlet, with all cords placed or installed in a manner that is not visible from the eastern side of Ocean Drive; and VVHEREAS, any lighting fixtures proposed pursuant to this Resolution must be included in all signed and sealed engineering plans submitted as part of a sidewalk cafe permit application, clearly Identifying the make, model, and method of installation, NOW, THEREFORE, B IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend the Ocean Drive Sidewalk Cafe Design Guidelines, to allow for the installation of battery-powered or electric lighting within umbrellas associated with sidewalk cafes located on Ocean Drive, between 5th Street and 15th Street, subject to certain conditions. PASSED and ADOPTED this dS day of. TI6(/ Rafael E. Granado City Clerk , 2018. APPP D AS TO ANGUAGE EXECUTION ty AltotflOY At' MIAMI BEACH Resolutions - C7 AC COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 25, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OCEAN DRIVE SIDEWALK CAFE DESIGN GUIDELINES, TO ALLOW FOR THE INSTALLATION OF BATTERY- POWERED OR ELECTRIC LIGHTING WITHIN UMBRELLAS ASSOCIATED WITH SIDEWALK CAFES LOCATED ON OCEAN DRIVE, BETWEEN 5TH STREET AND 15TH STREET, SUBJECT TO CERTAIN CONDITIONS. RECOMMENDATION Legislative Tracking Office of the City Manager Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description CI Lighting Reso Page 708 of 1464