Loading...
HomeMy WebLinkAboutOrdinance 2022-4464 ORDINANCE NO. 2022-4464 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 82-390, ENTITLED "PARKLET PROGRAM,"TO AMEND THE SCOPE OF THE PARKLET PROGRAM, INCLUDING THE AREAS OF THE CITY WHERE PARKLETS. ARE PERMITTED; 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, on July 28, 2021, the Mayor and City Commission adopted Ordinance No. 2021-4427, amending 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 and 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) (altogether, the "Parklet Program"); and WHEREAS, the Mayor and City Commission now wish to amend the scope of the Parklet Program to modify the areas of the City where parklets are permitted. 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 Subdivision 11. Permit Sec. 82-390. Parklet Program. (a) Definition. The term parklet 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. (b) Scope of program. Eligibility to apply fer and ehtaiR a parklet permit shall he limited to , west,20th Street and +-ra-the eat waterway to the nerth, Alten Reed fe the east, ai;d D BeuleyaFd to the south)-. Restaurants located at the ground level of a building shall be eligible to apply for and obtain a parklet permit, except for restaurants in the South of Fifth neighborhood, which shall be defined as the area of the City south of 5th Street, excluding Washington Avenue between 4th and 5th Streets. An applicant is not required to hold an existing sidewalk cafe permit under this division in order to apply or be eligible for a parklet permit. Notwithstanding the foregoing, applicants for parklet permits on Ocean Drive shall be encouraged to apply for and obtain a sidewalk cafe permit. (c) Design guidelines. The operation of a parklet shall at all times be consistent with the City's Parklet Design Guidelines, as may be adopted or amended by resolution of the City Commission. (d) 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. Any application for a parklet permit on a county or state right-of-way shall require the review and approval of the county or state, respectively. Parklets shall be restricted to restaurant frontages where on-street parking spaces exist 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 the 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 plan. Each parklet shall be installed on a raised platform, flush with the adjacent sidewalk. (f) 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-parking space calculation for each parklet. (g) Applicability of Sidewalk Cafe Ordinance. Except as otherwise provided in this section, 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. (h) 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 major 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). (i) 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. 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 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word" ordinance" may be changed to" section," article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the 3o day 7444! 02Z• PASSED and ADOPTED this �0 day of Tgnua%2022. ATTEST: .JAN 2 5 1011 - Dan Gelber, Mayor Rafael E. Granado, City Clerk , ,�F:M,..:.f',_.�, APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION �pjno,pi OR.. ED' -b — 2— City Attorney Date Underline denotes additions N�- StFikethre gh /deRetes rlole�inra (Sponsored by: Commissioner Ricky Arriola) Ordinances-R5 G MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 20,2022 10:35 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 82-390, ENTITLED "PARKLET PROGRAM," TO AMEND THE SCOPE OF THE PARKLET PROGRAM, INCLUDING THE AREAS OF THE CITY WHERE PARKLETS ARE PERMITTED; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION The City Administration recommends approving on Second Reading Public Hearing, the expansion of the Program's scope Citywide, except for restaurants in the South of Fifth neighborhood, which shall be defined as the area of the City south of 5th Street, excluding Washington Avenue between 4th and 5th Streets. Additionally, the Administration recommends that parklets located on FDOT's right-of-way obtain approval from FDOT, prior to obtaining a parklet permit from the City. 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 the July 28, 2021 City Commission Meeting, the Mayor and City Commission approved on Second Reading, the creation of the Parklet Program pursuant to Ordinance No. 2021-4427. Additionally, at the same meeting, the Mayor and City Commission approved the Parklet Design Guidelines pursuant to Resolution No. 2021-31803. On September 17, 2021,the City Commission approved on First Reading, a separate Sidewalk Cafe Subsidy Program presented by the City Attomey's office. This program would establish a voluntary City subsidy advance program for sidewalk cafes and parklets to participants who request to participate and agree to comply with the Program's guidelines. During the discussion, Commission members inquired whether additional areas could be Page 676 of 1313 included in the Parklet Program, particularly Washington Avenue, from 4th to 5th Street. Discussions concluded with the approval of the subsidy program, and a recommendation to further analyze any and all areas of interest that may be eligible for the Parklet Program. Meanwhile, a decision was made to extend the existing outdoor seating through October 31, 2021. On September 23, 2021, the City Commission held a Workshop related to Transportation/Ocean Drive and Washington Avenue. At the workshop, the Mayor and City Commission provided direction to the Administration regarding the configuration of Ocean Drive for pedestrian and vehicular purposes, and in consideration of the ongoing work, directed the Administration to bring an agenda item to consider extending the scope of the Parklet Program to all restaurants with sidewalk cafe seating areas located within the City of Miami Beach, including the restaurants located within the Mixed-Use Entertainment District(MXE). On October 27, 2021, the Mayor and City Commission directed the City Administration to extend the duration of the Restaurant Recovery Outdoor Seating Pilot Program through January 30, 2022, with the exception of business establishments on Ocean Drive. However, establishments on Ocean Drive will be provided the opportunity to utilize the City's Parklet Program subject to the same requirements, conditions and fees applicable to Parklets as set forth in Ordinance No. 2021-4427. At the same Commission meeting, the City Commission requested that the Administration return with a recommendation of which streets would be best suited for parklets. It is important to note that on July 20, 2021, the South of Fifth Neighborhood Association, Inc. (SOFNA) presented the Mayor, Commissioners, City Manager and City Attorney an opposition letter to the Parklet Program extension on South of Fifth (attached), stating that no public benefit is afforded with the Parklet Program and to the contrary, it reduces public pedestrian walkways, obstructs bike paths, removes crucial public street parking and negatively impacts resident safety and quality of life. As such, SOFNA requested that the Mayor and Commission reject any current or future request to change Chapter 82, Article IV, Division 5 of the City Code for Sidewalk Cafes to allow parkeets in the South of Fifth Area. The City Administration is recommending expanding the scope of the program Citywide via an Ordinance, except for restaurants in the South of Fifth neighborhood, which shall be defined as the area of the City south of 5th Street, excluding Washington Avenue between 4th and 5th Streets.Additionally, parklets located on FDOT's right-of-way must obtain approval from FDOT, prior to obtaining a parklet permit from the City. On December 8, 2021, the Mayor and City Commission approved on First Reading, the expansion of the Program's scope as recommended by the Administration, and scheduled a Second Reading Public Hearing on January 20, 2022. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 79% of residents rated quality of life in the City as very satisfied/satisfied. CONCLUSION The City Administration recommends approving on Second Reading Public Hearing, the Page 677 of 1313 expansion of the Program's scope Citywide, except for restaurants in the South of Fifth neighborhood, which shall be defined as the area of the City south of 5th Street, excluding Washington Avenue between 4th and 5th Streets.Additionally, the Administration recommends that parklets located on FDOT's right-of-way obtain approval from FDOT, prior to obtaining a paridet permit from the City. 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 Commissioner Ricky Arriola ATTACHMENTS: Description D SOFNA Resolution to City against Parklets South of Fifth D Ordinance Page 678 of 1313 South of Fifth Neighborhood Association,Inc. 2021 RESOLUTIONNO.3 -Opposition to Parklets in South of Fifth Neighborhood SOUTH OF FIFTH NEIGHBORHOOD ASSOCIATION.INC. July 20,2021 TO: Mayor and Commissioners of the City of Miami Beach;Alina Hudak, City Manager; and Rafael Paz,Esq.,City Attorney RE: 2021 RESOLUTION NO.3—Opposition to Parklet Program Extension South of Fifth WHEREAS, the City of Miami Beach is considering modifying Chapter 82,Article IV, Division 5 of the City Code to allow continuation and extension past the September 2021 sunset date of the parklet program for Sidewalk Cafes on City rights-of-way along Washington Avenue between 6a'Street and Lincoln Road and in the Sunset Harbour neighborhood; WHEREAS, SOFNA has received outreach to consider a similar extension for parklets in the areas contained in the South of Fifth neighborhood bounded by 5th Street to South Pointe Drive north and south and Alton to Ocean Drive from east to west; WHEREAS, SOFNA understands the need Iast year to create parklets in order to support our restaurants during the period where the City of Miami Beach had indoor COVID-19 restrictions on the number of tables and spacing of tables; WHEREAS, since all restaurant seating restrictions have been lifted,the parklet program is seen by SOFNA as an improper use of city land; WHEREAS, SOFNA is of the firm position that no public benefit is afforded with the parklet program and to the contrary it reduces public pedestrian walkways, obstructs bike paths,removes crucial public street parking and negatively impacts resident safety and quality of life. NOW,THEREFORE,IT IS RESOLVED THAT SOFNA requests that the Mayor and Commissioner reject any current or future requests to change Chapter 82,Article IV,Division 5 of the City Code for Sidewalk Cafes to allow Parklets in the South of Fifth Area. Adopted this 2011 day of July,2021 by the South of Fifth Neighborhood Association, Inc. Board of Directors. By: 6;AIRF-.1 N.NU 1.36 EDq Alyson Herman Print Name: Title: President Page 679 of 1313 South ofFifth Neighborhood Association,Inc. 2021 RESOL UTION NO.3 -Opposition to Parklets in South of Fifth Neighborhood By: o. tuw.'7d'� a.mTimeon David Podein Print Name: Title: Vice President On behalf of the South of Fifth Neighborhood Association Board of Directors Page 680 of 1313