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HomeMy WebLinkAboutOrdinance 2021-4445 ORDINANCE NO. 2021-4445 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE,", TO REVISE FEES CHARGED FOR PARKLET PERMITS, AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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, in 2015, the Mayor's Blue Ribbon Panel for Washington Avenue recommended that the City Commission encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor; and WHEREAS, the Mayor and City Commission approved the creation of the Washington Avenue Pilot Parklet Program ("Pilot Program") on December 9, 2015, allowing businesses located along Washington Avenue to install parklets for utilization by sidewalk cafes in on-street parking spaces on a temporary basis, subject to certain requirements and criteria; and WHEREAS, in order to encourage restaurants to participate in the Pilot Program, the Mayor and City Commission amended the City Code to abate sidewalk cafe permit application fees, Wand per-square-foot permit fees for sidewalk cafe operators that participated in the Pilot Program; and WHEREAS, the abatement was extended for a total duration of three (3) years, and the Pilot Program was originally scheduled to terminate on March 31, 2019; and WHEREAS, on July 17, 2019, the City Commission adopted Ordinance No. 2019-4281, extending the duration of the Pilot Program through March 31, 2021; and WHEREAS, on January 20, 2021, the Land use and Sustainability Committee ("LUSC" or the "Committee") held a discussion regarding sidewalk cafes and parklets in the Sunset Harbour neighborhood; and WHEREAS, the Committee recommended that parklets for sidewalk cafe seating continue to be permitted, and recommended that staff draft an Ordinance to make the program permanent; and WHEREAS, on June 23, 2021, Ordinance No. 2021-4427 was read into the record and approved by the City Commission on first reading; and WHEREAS, on July 28, 2021, following a public hearing, the City Commission adopted Ordinance No. 2021-4427 extending:the Parklet program on Washington Avenue and Sunset Harbour; and WHEREAS, in addition, the Mayor and City Commission also approved the proposed Parklet Design Guidelines presented by the Administration; and WHEREAS, the City Administration is proposing to change the fee structure for the parklets to be consistent with the fee structure of the sidewalk cafes, and therefore reflect the current market prices; and i WHEREAS, the current parklet fee approved via Ordinance No. 2021-4427 is a per-parking- space, per day, in the amount of$34, and the current base parklet application fee is $750; and WHEREAS, the new proposed annual parklet fee in this Ordinance would be $150 per- square-foot, based upon a standard-sized parking space of 187 square feet, with maximum of'two parking spaces per parklet, and the base parklet application fee would also be raised to $865 to be consistent with the fee structure of the sidewalk cafes. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: i SECTION 1. Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as set forth in "Exhibit A" to this Ordinance. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same 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 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 /0 day—et—2021. PASSED and ADOPTED this 30 day of Spp�. , 2021. ATTEST: O OCT o• 12021 VDan Gelber, Mayor Rafael . Gran do, City Clerk (sponsored by Mayor Dan Gelber) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Jy-..a•.a. �.INIORf'F OAR EQ City Attorney/ gate EXHIBIT "A" APPENDIX A- FEE SCHEDULE Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the'city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's website. Chapter 82. Public Property Article lll. Use of Public Property Division 5. Sidewalk Cafes 750.99 [A] 82-390 Base parklet application fee 865.00 Annual parklet fee, per-square-foot. based upon a standard- 34..0g [A] 82-390 sized parking space of 187 square feet, with maximum of two parking spaces per parklet perda 150.00 Ordinances - R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 30, 2021 5:05 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE," TO REVISE FEES CHARGED FOR PARKLET PERMITS, AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approving the Ordinance on Second Reading Public Hearing on September 30, 2021, proposing changing the fee structure for parklets in order to reflect the current market prices to $150 per-square-foot charged per space based upon a standard-sized parking space of 187 square feet per year. BACKGROUND/HISTORY A parklet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space. On July 7, 2015, the Mayor's Blue Ribbon Panel for Washington Avenue recommended that the City Commission encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor. The Mayor and City Commission approved the creation of the Washington Avenue Pilot Parklet Program ("Pilot Program") on December 9, 2015, allowing businesses located along Washington Avenue to install parklets for utilization by sidewalk cafes in on-street parking spaces on a temporary basis, subject to certain requirements and criteria. In order to encourage restaurants to participate in the Pilot Program, the Mayor and City Commission amended the City Code to abate sidewalk cafe permit application fees and per-square-foot permit fees for sidewalk cafe operators that participated in the Pilot Program. The abatement was extended for a total duration of three (3) years. The Pilot Program was originally scheduled to terminate on March 31, 2019. On July 17, 2019, the City Commission adopted Ordinance No. 2019-4281, extending the duration of the Pilot Program through March 31, 2021. On January 20, 2021, the Land use and Sustainability Committee (LUSC) held a discussion Page 13 of 397 regarding sidewalk cafes and parklets in the Sunset Harbour neighborhood. The LUSC members recommended that parklets for sidewalk cafe seating continue to be permitted, and recommended that staff draft an Ordinance to make the program permanent. On June 23, 2021, a First Reading to the Ordinance was read into the record and approved by the City Commission. On July 28, 2021, the City Commission approved on Second Reading Public Hearing the extension of the Parklet program on Washington Avenue and Sunset Harbour. The City Commission also approved the proposed Parklet Design Guidelines presented by the Administration. On September 17, 2021, the City Commission had the title of the Ordinance read into the record, and made a motion to proceed to the September 30, 2021 City Commission for a Second Reading Public Hearing. ANALYSIS The City Administration is proposing to change the fee structure for the parklets to be consistent with the fee structure for sidewalk cafes, reflecting current market prices. The current parklet fee approved on Second Reading by the City Commission in July was $34 per-parking-space, per day. The new proposed annual parklet fee will be $150 per-square-foot charged per space based upon a standard-sized parking space of 187 square feet occupied per year, with a maximum of two parking spaces per parklet. SUPPORTING SURVEY DATA n/a CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing on September 30, 2021, proposing changing the fee structure for parklets in order to reflect the current market prices to $150 per-square-foot charged per space based upon a standard-sized parking space of 187 square feet per year. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Public Works Page 14 of 397 Sponsor Mayor Dan Gelber ATTACHMENTS: Description ❑ R5 A Ord ❑ R5POrd ❑ R5Q, Ord ❑ Ordinance Page 15 of 397 Ordinances - R5 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manag DATE: July 28, 2021 (% 10:05 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, FLORIDA, ENTITLED "PUBLIC PROPERTY," ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION' 5, ENTITLED "SIDEWALK CAFES," SUBDIVISION 11, ENTITLED "PERMIT," BY AMENDING SECTION 82- 382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; ' EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY ' CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET PROGRAM," TO CREATE A SIDEWALK CAFE PARKLET PROGRAM, ESTABLISH THE SCOPE OF THE PROGRAM, PROVIDE FOR , DESIGN GUIDELINES, IDENTIFY PERMITTED PARKLET AREAS, PROVIDE FOR AN APPLICATION, SITE PLAN, AND FEES, INCORPORATE THE PROVISIONS OF THE SIDEWALK CAFE ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING APPENDIX"A"TO THE CITY CODE, ENTITLED "FEE SCHEDULE,"TO ESTABLISH A BASE PARKLET APPLICATION FEE AND AN ANNUAL PER-SQUARE FOOT PER-PARKING SPACE PARKLET ' FEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission (1) accept the recommendation of the Land Use.and Sustainability Committee ("LUSC")to continue to permit expanded outdoor seating along Washington Avenue on a more permanent Page 96(b682332 I ' basis, and to include the Sunset Harbour neighborhood; (2) approve the attached Ordinance on Second Reading Public Hearing, which Ordinance codifies the ! sidewalk cafe parklet program, incorporates existing requirements for sidewalk cafes, and creates additional requirements specific to parklets. i BACKGROUND/HISTORY i A parklet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space. In 2015, the Mayor's Blue Ribbon Panel for Washington Avenue recommended that the City Commission encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor. i The Mayor and City Commission approved the creation of the Washington,Avenue j Pilot Parklet Program ("Pilot Program") on December 9, 2015, allowing businesses located along Washington Avenue to install parklets for utilization by sidewalk cafes in on-street parking spaces on a temporary basis, subject to certain requirements ! and criteria. In order to encourage restaurants to participate in the Pilot Program, the I Mayor and City Commission amended the City Code to abate sidewalk cafe permit application fees and per-square-foot permit fees'for sidewalk cafe operators that participated in the Pilot Program. The abatement was extended for a total duration of three (3) years. The Pilot Program was originally scheduled to terminate on March 31, 2019:On July 17, 2019, the City Commission adopted Ordinance-No. 2019-4281, extending the duration of the Pilot Program through March 31, 2021. On January 20, 2021, the LUSC held a discussion regarding sidewalk cafes and parklets in the Sunset Harbour neighborhood. The LUSC members recommended that parklets for sidewalk cafe seating continue to be permitted, and recommended that staff draft an Ordinance to make the program permanent. On June 23, 2021, a First Reading to the Ordinance was read into the record and approved by the City Commission. A Second Reading Public Hearing was scheduled on July 28, 2021, along with a request from the Commission members to the Administration to present a proposed Parklet Design Guideline to the scheduled City Commission for final approval. During a preliminary virtual outreach with representatives from the Sunset Harbour I Neighborhood Association (SHNA), SHNA members requested that hours of j operation for all outdoor seating conclude at 12 midnight. At a preliminary virtual outreach with the Washington Avenue BID (WAVE), WAVE representatives were supportive of the program as a whole. i i Page 92bfi89332 I Staff held a virtual public meeting on Monday, July 19, 2021, at 5:30PM. During the meeting, the proposed parklet' program overview was presented. There were approximately 32 signed on/call-in attendees. At the meeting, a Sunset Harbour business owner requested that hours of operation remain past midnight as is today. The Administration will present a proposed Parklet Design Guideline to the Commission for adoption by resolution concurrently at second reading of this ordinance. In addition, there is a -recommendation to establish a base parklet application fee and an annual per-parking space parklet fee. Language has also been amended to clarify that the applicant will not be required to hold an existing sidewalk cafe permit in order to apply or be eligible for a parklet permit. ANALYSIS Following the World Health Organization declaration of the COVID-19 pandemic on March 11, 2020, Miami-Dade County and the City of Miami Beach issued a number of Emergency Orders that temporarily closed and/or imposed restrictions on public and private facilities, including temporary closures, occupancy limits, and other restrictions applicable to restaurants. The foregoing restrictions greatly limited economic activity in the City of Miami Beach, and adversely impacted City businesses, including restaurants. On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, creating the Restaurant Recovery Outdoor Seating Program ("Outdoor Seating Program"), in an effort to encourage businesses to reopen and promote economic recovery, while safeguarding the public's health and,safety. The Outdoor Seating Program, which has been extended through September 30, 2021 (pursuant to Resolution No. 2021- 31632), permits restaurants to expand their footprint to promote social distancing and activate the public realm. The attached Ordinance has been drafted to implement the LUSC's recommendation to continue to permit parklets along Washington Avenue, between 6th Street and Lincoln Road, and include Sunset Harbour on a more permanent basis. The Ordinance creates a Parklet Program, establishes the scope of the Program, provides for Parklet Design Guidelines, identifies permitted parklet areas, provides for an application, site plan, and fees, incorporates provisions of the Sidewalk Cafe Ordinance, and provides for removal. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 73% of residents rated the overall image of the City as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City recommends that the City Commission approve the Ordinance on Second : Reading Public Hearing. Page 982)6B9332 CONCLUSION The Administration recommends that the City Commission (1) accept the recommendation of the Land Use and Sustainability Committee ("LUSC")to continue to permit expanded outdoor seating along Washington Avenue on a more permanent basis, and to include the Sunset Harbour neighborhood; (2) approve the attached Ordinance on Second Reading Public Hearing, which Ordinance codifies the sidewalk cafe parklet program, incorporates existing requirements for sidewalk cafes, and creates additional requirements specific to parklets. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Public Works Sponsor Vice-Mayor Ricky Arriola ATTACHMENTS: Description o Ordinance i Page 993)662332 ORDINANCE NO.2021- 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, FLORIDA, ENTITLED "PUBLIC PROPERTY," ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-382, ENTITLED "APPLICATION,"AND SECTION 82- 383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO REPEAL OUTDATED PROVISIONS; AND BY CREATING SECTION 82-390 THEREOF, ENTITLED "PARKLET PROGRAM," TO CREATE A SIDEWALK CAFE PARKLET PROGRAM, ESTABLISH THE SCOPE OF THE PROGRAM, PROVIDE FOR DESIGN GUIDELINES, IDENTIFY PERMITTED PARKLET AREAS, PROVIDE FOR AN APPLICATION, SITE j PLAN, AND FEES, INCORPORATE THE PROVISIONS OF THE SIDEWALK CAFE ORDINANCE, AND PROVIDE FOR REMOVAL; AND AMENDING APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE," TO ESTABLISH A BASE PARKLET APPLICATION FEE AND AN ANNUAL PER SQUAREF PER-PARKING SPACE PARKLET FEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. I 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 . i i WHEREAS, the Mayor and City Commission desire to amend the Sidewalk Cafe Ordinance, set forth in Chapter 82, Article IV, Division 5 of the City Code, to permit sidewalk cafes to operate in parklets on City rights-of-way along Washington Avenue, between 6th Street an;d Lincoln Road, and in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south). NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 82 of the City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE IV, USES IN PUBLIC RIGHT OF WAY DIVISION 5. SIDEWALK CAFES I k R � Subdivision II. Permit Page 2&bN32332 i I I Sec. 82-382. Application. I (9) The annual application shall be accompariied by a nonrefundable base application fee as set forth in appendix A hereof. let ' 31, 2021. Addiliopad4y Notwithstanding the foregoing the nonrefundable base application fee shall not be required for sidewalk cafe permit,applications submitted to the city for businesses on Washington Avenue from 6th Street to Lincoln Road, for the period ending on September 30, 2021. j I Sec. 82-383. Permit fee, penalties for late payment; review of fee; exception. j i (a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A hereof, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). I (2) OF8d b;this ?estieR shall be FequiFed for-the operation Of No square footage fee as required by this section shall be required for the operation of sidewalk cafes on Washington Avenue, from 5th Street to Lincoln Road, for the period ending on September 30, 2021. i Sec. 82-390. Parklet Program. I La) Definition. The term park/et shall mean a sidewalk cafe (as defined in this division)that is physically installed in an on-street parking space or, as may be approved by the public works director within the director's sole discretion, in a portion of a street. i Lb) Scope of program. Eligibility to apply for and obtain a parklet permit shall be limited to restaurants located (i) along Washington Avenue, between 6th Street and Lincoln Road and (ii) in the Sunset Harbour neighborhood (generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south). An applicant is not r it h91d-an_-xisling sidewalk caf6_ permit under hi ivi �n in order to aw2ly or fZ li i for a parkl rmi . (c) Design guidelines. The operation of a parklet shall at all times be consistent with the City' Parklet Design Guidelines; as may be adopted or amended by resolution of the City Commission. Permitted parklet area. The area of each parklet shall be limited to a maximum of two on- street parking spaces fronting the permittee's restaurant business, as depicted on the permit application, subject to the requirements set forth in the Parklet Design Guidelines. Parklets shall be restricted to restaurant frontages where on-street parking s_paces exist i i Page 22ED689332 I along the curb line; and any other portion of a street as may be approved by the public works director. Applications for parklets in angled parking spaces shall be evaluated by the public works director on a case-by-case basis. (e) Application and site plan. In addition to the sidewalk cafe permit application requirements set forth in section 82-382, each parklet permit application shall include a site plan signed and sealed by a duly licensed architect or engineer which accurately depicts the layout and dimensions of the parklet area including buffers and barriers; the proposed location, size, and number of tables, chairs, umbrellas, and any other furniture; the location of doorways, steps, trees, and/or landscaped areas,fountains, parking meters, fire hydrants, utility infrastructure, bus shelters, directory/kiosks, public benches, trash receptacles, and any other existing public fixtures, furnishings and/or other obstruction(s) within the proposed parklet area. The site plan shall be approved by the city manager prior to th'e issuance of a parklet permit and shall be consistent with the Parklet Design Guidelines, and the permit shall be specifically limited to the area shown on the approved site pfa6. Each parklet shall be installed on a raised platform, flush with the adjacent sidewalk. Fees. (1) Application fee. Each parklet application,which must be submitted each year, shall be accompanied by a nonrefundable base application fee as set forth in appendix A to this Code. (2) Annual permit fee. The annual permit fee for operation of a parklet shall be as set forth in appendix A and shall be based on a per-oarking_space calculation for each -a parklet. jgl Applicability of Sidewalk Cafe Ordinance. Except as otherwise provided in this sectiori, each parklet permittee shall at all times abide by the provisions of this division, including without limitation, the sidewalk cafe code of conduct (set forth in section 82-389), all enforcement and penalty provisions, and the criteria for permit renewal, all of which shall be incorporated by reference in each parklet permit. Hurricanes and major weather events. In addition to the provisions of section 82-381,upon written and/or verbal notification by the city manager of a hurricane or other maior weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first, the permittee shall, within no more than four hours, promptly secure each parklet platform pursuant to the permittee's Hurricane Preparedness Plan submitted as part of the parklet application, as approved by the public works director, unless such platform was designed, constructed, and installed to withstand hurricane-force winds (as approved by the public works director). Q Removal_As a condition of obtaining a parklet permit, each permittee shall agree in writing that the city manager may cause the immediate termination, suspension, closure,removal, relocation and/or storage of all or part of a parklet operation and/or parklet furniture in those circumstances where the city manager determines it reasonably necessary for the protection of the public health, safety, or welfare. Sess. 19-2390 82 410.. Reserved. Page 92Ebf)89332 I i SECTION 2. Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as set forth in "Exhibit A" to this Ordinance. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same 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 day 2021. PASSED and ADOPTED this day of , 2021. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION City Attorney Q�-Date Underline denotes additions etiens Double-uji&line denotes additions after First Reading Doubla-�b h denotes deletions after First Reading (Sponsored by: Commissioner Ricky Arriola) Page 22b582332 i i EXHIBIT "A" AMENDMENTS TO FEE SCHEDULE I I i Chapter 82. Public Property I I i Article lll. Use of Public-Property i i I Division 5. Sidewalk Cafes i 74)0 IAl 82-390 Base parklet application fee 6 0 i 82-390 Annual parklet fee, per parking spaces per day 34.00 j _ I I i I I i i i I i I i i i Page 92W582332 i ORDINANCE NO. 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, FLORIDA, ENTITLED "PUBLIC PROPERTY," ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY", DIVISION 5, ENTITLED "SIDEWALK CAFES", BY CREATING SECTION 82-391, ENTITLED "VOLUNTARY CITY SUBSIDY ADVANCE PROGRAM FOR SIDEWALK CAFES AND PARKLETS," IN ORDER TO CREATE A VOLUNTARY CITY SIDEWALK CAFE AND PARKLET SUBSIDY PROGRAM FOR THOSE OPERATORS WHO ELECT TO PARTICIPATE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City has determined that sidewalk cafes and parklets, operated in, a manner that advance the interests of the City, as defined by the City (in its sole discretion), are desirable and provide positive dining options for the enjoyment of public outdoor areas, thereby enhancing the quality of life for residents and the quality of the tourist experience for the City's visitors, and is a valid public purpose; and WHEREAS, sidewalk cafes and parklets can, if operated at a high standard, provide' a unique environment and ambiance, and an aesthetically pleasing experience for relaxation and food and/or beverage consumption that enhances the sophisticated and mature brand that the City has determined to promote; and WHEREAS, the City is not required to allow private business operations, including sidewalk cafes and parklets, on the City's sidewalks or other rights-of-way, and the City retains at all times its right to discontinue issuing sidewalk cafe and parklet permits (in whole or in part) if their operation no longer advances the City's interests, as determined by the City in its sole discretion; and i WHEREAS, a sidewalk cafe or parklet permit issued by the City offers the use of the City's valuable public property solely in its proprietary capacity as the owner of the interes6n the land on which sidewalk cafes and parklets shall be allowed; and WHEREAS, it is desirable, however, that sidewalk cafes and parklets be operated and maintained in accordance with the highest levels of service and quality, befitting the status of a recognized world class, international resort destination like Miami Beach; and WHEREAS, the City has determined that allowing privately owned sidewalk cafes and parklets that advance the proprietary interests of the City in improving the quality of life for residents and advancing the tourism-related goals of enhancing the experience for visitors, as defined by the City (in its sole discretion), is a valuable public purpose, so providing further incentive for sidewalk cafes and parklets that are operated strictly in a manner that advances the interests of the City, as defined by the City (in its sole discretion), is an efficacious use!of public resources. To that end, sidewalk cafes and parklets that meet the unique requirements for eligibility and execute (and comply with) the City's sidewalk cafe and parklet voluntary subsidy program participation agreement should now be further subsidized by the City by providing a payment from the City to participants; and WHEREAS, pursuant to this declaration of necessity and intent, the following guidelines are enacted for program applicants and participants, compliance with which shall be stipulated Page 25 of 397 ! by an executed sidewalk cafe and parklet voluntary City subsidy program participation agreement, drafted by the City at its sole discretion, between the City and each program participant; and WHEREAS, the program guidelines apply only to conduct on City property, are bargained for by the City in its propriety interest, and are not intended to regulate lawful restaurant business activity that is not conducted on City property; and WHEREAS, paying the City subsidy to private businesses that operate their sidewalk cafes and/or parklets in a manner that does not advance the City's interests, as defined by the City (in its sole discretion), is not desirable, is not appreciated by its residents and its visitors, and is not a valid public purpose; and WHEREAS,the guidelines set forth here will advance the sophisticated and mature brand that the City has determined to promote by permitting qualified sidewalk cafes and parkletsl!to participate in the program. NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS: SECTION 1. That the section of the City's Sidewalk Cafe Ordinance, as such Ordinancej is codified in the City Code, be adopted as follows and as hereinafter set forth below: j CHAPTER 82 PUBLIC PROPERTY ARTICLE IV. USES IN PUBLIC RIGHTS-OF-WAY DIVISION 5. SIDEWALK CAFES Subdivision It.—Sidewalk Cafe and Parklet Program Permit Sec. 82-391.—Voluntary city subsidy advance Pro-gram for sidewalk cafes and parklets. The city hereby creates the voluntary city subsidy advance Program for sidewalk cafes and parklets ("the program") governed and administered as set forth below. Laj Declaration of necessity and intent. The city has determined that allowing privately owned sidewalk cafes and parklets. operated in a manner that advance the interests of the city, as defined by the cityi in its sole discretion are desirable and provide positive dining options for the enjoyment i Page 26 of 397 I of gublic outdoor areas thereby enhancing the quality of life for residents and the duality of the tourist experience for the city's visitors, and is a valid public purpose; (2) sidewalk cafes and parklets can, if operated at a high standard, provide a unique environment and ambiance, and an aesthetically pleasing experience for relaxation and food and/or beverage consumption that enhances the sophisticated and mature brand that the city has determined to promote: the city is not required to allow private business operations, including sidewalk cafes and parklets, on the city's sidewalks or other rights-of-way, and the city retains at all times its right to discontinue issuing sidewalk cafe and parklet permits (in whole o� in part) if their operation no longer advances the city's interests, as determined bV the city in its sole discretion; (4) a sidewalk cafe or parklet permit issued by the city offers the use of the city's valuable public property solely in its proprietary capacity as the owner of the interest in the land on which sidewalk cafes and parklets shall be allowed@ i (5) it is desirable, however,that sidewalk cafes and parklets be operated and maintained in accordance with the highest levels of service and quality, befitting the status of a recognized world class international resort destination like Miami Beach: JQ the city retains the authority and ability, at all times, to incentivize and fund activities that advance its interests(as defined in its sole discretion)and that funding recipients agree voluntarily to undertake; (7J the city has determined that allowing privately owned sidewalk cafes and parklets that advance the,proprietary interests of the ci in improving the quality of life'for residents and advancing the tourism-related goals of enhancing the experiencelfor - visitors as defined by the city(in its sole discretion), is a valuable public purpose; so providinq further incentive for sidewalk cafes and parklets that are operated strictly in a manner that advances the interests of the city, as defined by the city (in its sole discretion) is an efficacious use of public resources. To that end sidewalk cafes and parklets that meet the uni ue re uirements for eligibility and execute and com i with the city's sidewalk cafe and parklet volunta subsidy program participation agreement should now be further subsidized by the city by providing a payment from the city to participants; •t8 pursuant to this declaration of necessity and intent. program -guidelines are enacted for program applicants and participants compliance with which shall be stipulated by an executed sidewalk cafe and parklet voluntary city subsidy program participation application and agreement, the terms of which shall be set forth by the city at its sole discretion between the city and each program participant; { M the program guidelines apply only to conduct on city property, are bargained fog b the city in its proprietary capacity, and are not intended to regulate lawful restaurant business activity that is not conducted on city property: and (10) gaving the city subsidy to private businesses that operate their.sidewalk cafes and parklets in a manner that does not advance the ci 's interests as defined by the cit in its sole discretion is not desirable is not appreciated by its residents and its visitors, and is not a valid public purpose; and Page 27 of 397 i jL11 the guidelines set forth for program participants will advance the sophisticated and mature brand that the city has determined to promote by permitting qualified sidewalk cafes and parklets, if they so choose, to participate in the program. Program Participation Standards. Prior to issuance of an annual sidewalk cafe and/or parklet permit, each eligible sidewalk cafe and/or parklet operator shall be offered the opportunity to participate in the program and receive, at the operator's election, an annual voluntary city subsidy advance payment from the city equal to $125 per square foot of permitted sidewalk cafe and/or parklet space to each sidewalk cafe and/or parklet operator responsible for paying the standard per square foot permit fee. Prior to each sidewalk cafe permit year, each eligible sidewalk cafe and/or parklet operator who elects to voluntarily request the city subsidy payment shall annually complete a program application and agreement setting forth the sidewalk cafe and/or parklet operator's election to receive the city subsidy payment and its agreement to comply with the program guidelines, which shall be applicable to both sidewalk cafes and iparklets as defined in section 82-390. Qj The program application agreement and accompanying guidelines shall be drafted (and subsequently amended, if necessary) by the city manager, and approved by resolution of the city commission. The agreement and guidelines shall -govern each permit year and shall not be amended during the Permit year, except that ordinances and resolutions generally applicable to sidewalk cafes and parklets may be amended, created, or repealed at any time. L) The sidewalk cafe code of conduct as set forth in section 82-389 shall be incorporated by reference into each program application and agreement, the violation of which shall additionally constitute a breach of the program agreement. U If the operator's executed application and agreement are approved by the city manager, the program subsidy payment shall be advanced by the city to the program participant by means of an invoice credit on the current year sidewalk cafe and/or parklet permit invoice.The advanced funds shall remain the city's propeLty at all times until the end of the permit ear• at which time it will become the property of the program participant if the program agreement was not terminated by the city manager prior to the end of the permit year. fM During the permit year, the city manager or designee shall notify a participant of an breach of the program guidelines via hand-delivery to a manager of the sidewalk cafe and/or parklet The city manager shall then allow a one-time cure period of twerity- four 24 hours. If at the city manager's sole discretion the breach is cured within that period, continued participation may be allowed. If, however, the program participant fails to cure the breach or again breaches a grogram guideline during the permit year, no further cure period must be allowed and the city manager naa terminate the agreement with hand-delivered notice to a manager), and demand the return of the city's subsidy funds advanced. If repayment of the city's funds is demanded,the advanced funds credit issued to the program participant on its annual sidewalk cafe and/or parklet permit invoice for the current year shall be reversed and the balance owed for the standard square footage sidewalk cafe and/or parklet permit fee for the germit year shall be simultaneously billed to the sidewalk cafe and/or Page 28 of 397 parklet operator. The city manager's decision to terminate a program parti�nt's agreement shall be final and at his or her sole discretion. A terminated program participant shall pay the advanced funds to the city within ten (10) days of notice,of termination. A sidewalk cafe and/or parklet operator that fails to pay the full standard fee at the applicable rate within ten days shall be deemed to have failed to timely pay the sidewalk cafe and/or parklet permit fee as of that date and enforcement ma follow pursuant to this division for failing to pay the annual sidewalk cafe and/or parklet permit fee. L7,) Each program applicant shall be initially eligible to receive the Program's city funded subsidy advance payment starting with the 2022 sidewalk cafe and/or parklet permit year. A program participant whose program aareement is terminated by the city manager shall be ineligible to again participate for the next two ermit years, and shall only subsequently be eligible for this city funding at the sole discretion of the city manager. U The program, its funding and gayment, its guidelines, and its termination sole) implicates city funds that the program applicant and/or participant voluntarily requests from the city, and the program funds remain at all time property of the city until the end of the permit year covered by each annual program participation application and agreement At the end of each year, the Qy's authority to demand the return of its advance funding for the program shall end for that year. Otherwise, decisions relating to granting access to the program governing the program funding the program paving program funds demanding return of program funds, and terminating the program for a participant during the program year(or in whole before the start of the next program year)shall be made solely at the discretion of the city manager, whose decisions regarding the program shall be final. Nothing in this section creates any right to participate in the program, right to receive cily funds right to retain advanced city funds right to challencle or appeal any decision related to the pro ram or any other right (including, but not limited to any propert right due process right or other statutory or constitutional right) related to the program. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Page 29 of 397 SECTION.6. EFFECTIVE DATE. This Ordinance shall;take eff.ect on the day of . 2021 I PASSED'.AND ADOPTED this' day:of , 2021'. � ATTEST:; Dan Gelber; _Mayor Rafael,.E.`Granado, City Clerk (S.ponsoretl by'Mayor Dan.Gelber)' I I APPROVED AS TO' FORM & LANGUAGE. FOR.EXECUTION Cyr" -;City:Attomey n Dote i I I i i I I i i I ' � I I i I I Page 30 of 397 Ordinances - R5 Q M..I.AM I BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael Paz,Acting City Attorney DATE: July 28, 2021 First Reading SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BYAMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE FEES CHARGED FOR SIDEWALK CAFE PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ANALYSIS See Memorandum and Ordinance attached. SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Trackina Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Description ❑ Memorandum ❑ Ordinance Page 31 a5 692332 �. +� t % t"� •jar D 17 OFFICE OF THE CITY ATTORNEY RAFAEL PAZ,ACTING CITY ATTORNEY- COMMISSION MEMORANDUM TO: MAYOR DAN GELBER ,MEMBERS'.OF THE CITY COMMISSION, FIRST READING FROM: RAFAEL A. PAZ, ACTING CITY ATTORNEY DATE: JULY.28, 2021 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA-, AMENDING THE CODE OF THE CITY OF MIAMI' BEACH, FLORIDA;. BY AMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE FEES CHARGED FOR SIDEWALK CAFE PERMITS; PROVIDING FOR REPEALER,:SEVERABILITY, CODIFICATION, AND AN EFFECTIVE-DATE.- Mayor Dan "Gelber has sponsored the attached Ordinance, which would raise .the generally applicable_ City fee per square foot for sidewalk cafes,from the curreht'$27.per square foot annually (which 'is based upon. a cost-recovery model) to $150 per square foot annually(which is based upon a revenue generation model). The.base application fee would also be raised from $1.59 to $865. The proposed Ordinance,is submitted for the Mayo rand City Commission's consideration on,first reading. RAP/RR/ym Page 32-M a92332 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE FEES CHARGED FOR SIDEWALK CAFE PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and ' WHEREAS, Section 83-383 of the City Code references per-square-foot fees in order to obtain or renew a sidewalk cafe permit; and WHEREAS,the City's current fee per square foot to obtain a sidewalk cafe permit is based upon a cost-recovery model designed to recoup for the City its expenses incurred administering the sidewalk cafe program; and WHEREAS, the City has determined that transferring to a new revenue-generation model for sidewalk cafe permit fees is in the best interests of the City; and WHEREAS, the City has determined that an adjustment of the per square foot annual fee to obtain a sidewalk cafe permit and of the base application fee for a sidewalk cafe should be enacted to reflect an amount that advances the City's revenue-generation interests while taking into account the current rate to rent space on the City's main sidewalk cafe corridors. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Appendix A, entitled "Fee Schedule," is hereby amended as provided in "Exhibit A" to this Ordinance. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended;that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section"or other appropriate word. SECTION 4. SEVERABILITY. i If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 1 Page 33-bf 692332 SECTIONS. EFFECTIVE DATE. This Ordinance.,shall take effect on, ,`2021. PASSED'and ADOPTED this day of , 2021. ATTEST.: Dan Gelber, Mayor .Rafael'E. Granado, City Clerk (Sponsored by Mayor Dan Gelber) APPROVED AS TO FORM & LANGUAGE & FOR.EXECUTION City Attorney ,n .n Date ni Page 347ff 892332