R7D-Send Sidewalk Caf� Application For Drexel Ave And 16th Street Sidewalks Toce
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution-Directing that an Application for a Sidewalk Cafe Permit for the Drexel Avenue and 16th
Street Sidewalks In Front of the Retail Spaces of the Park@ 420 Garage, Located at the Corner of
16th Street & Drexel Ave., Be Sent to the Land Use And Development Committee (LUDC) for Review
and Approval.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the
effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%,
indicated "too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission lift the stay on the approval of sidewalk cafes at the 420 Garage building
and require that the proposed sidewalk cafe at the Park @ 420 Garage be sent to the Land Use and
Development Committee for review and approval?
Item Summa_ry/Recommendation:
This matter arose at the October 19, 2011 Commission Meeting, during the approval of a revocable
permit for an awning for 420 Lincoln Road Development Group, owner of Lincoln East Garage located
at 420 Lincoln Road. During the public hearing, Mr. Adam Shedroff voiced concerns about a potential
sidewalk cafe and its impact on the surrounding residential neighborhood. In response to Mr.
Shedroff's concerns, the Commission placed a stay on any sidewalk cafe approvals pending a referral
to the Land Use and Development Committee (LUDC).
The issues was discussed at subsequent meetings of the LUDC and by the parties involved with
assistance from the Planning Department. A consensus between the parties could not be arrived at,
and on February 15, 2012 the LUDC resolved the matter by deciding to lift the stay on the proposed
sidewalk cafe, subject to the actual sidewalk cafe application for the property being presented to the
Land Use Committee for final review and approval.
The Administration recognizes the need to balance compatibility of sidewalk cafes located near
residential areas with continuing to encourage economic growth and vitality by permitting sidewalk
cafes in commercial areas. To require this one particular sidewalk cafe application to be subject to the
approval of the LUDC would be unfairly singling out one property, and subjecting it to requirements
that are not imposed upon any other similar commercial property in the City.
Based on the above, it is recommended to lift the stay on the approval of sidewalk cafes at the 420
Garage building, further advise the Administration as to the level of restriction and conditions that it
would deem appropriate, and instruct the Administration to handle the proposed sidewalk cafe
application with those criteria.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
N/A
RID
691 DATE 3-JI-t'L
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower
and Members of the City Commission
Jorge M. Gonzalez, City Manager ':\ r"~
March 21, 2012 U
RESOLUTION -DIRECTING THAT AN APPLICATION FOR A
SIDEWALK CAFE PERMIT FOR THE DREXEL AVENUE AND 16TH
STREET SIDEWALKS IN FRONT OF THE RETAIL SPACES OF THE
PARK@ 420 GARAGE, LOCATED AT THE CORNER OF 16TH STREET
& DREXEL AVE., BE SENT TO THE LAND USE AND DEVELOPMENT
COMMITTEE (LUDC) FOR REVIEW AND APPROVAL.
ADMINISTRATION RECOMMENDATION
Lift the stay on the approval of sidewalk cafes at the 420 Garage building, advise the
Administration as to the level of restriction and conditions that it would deem appropriate,
and instruct the Administration to handle the proposed sidewalk cafe application with
those criteria.
BACKGROUND
At the October 19, 2011 Commission Meeting, the Mayor and the City Commission
granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln
East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh
that extends approximately five feet six inches (5'-6") over and into the public Right-of-
Way on 161h street and Drexel Avenue.
During the public hearing, Mr. Adam Shedroff spoke about his concern that the
developer would request a sidewalk cafe permit and its impact on the surrounding
residential neighborhood. In response to Mr. Shedroff's concerns, a motion was made
by commissioner Libbin to approve the revocable permit and place a stay on any
sidewalk cafe approvals pending a referral to the Land Use and Development
Committee.
On January 18, 2012 the Land Use and Development Committee discussed this issue.
The attorney for the 420 Lincoln Road property and Mr. Adam Shedroff addressed the
Committee and discussed several issues related to the operation of sidewalk cafes at
this property. The Committee instructed that both parties meet and attempt to reach
consensus before February 8, 2012. If consensus cannot be reached, then the matter
was to be brought back to LUDC.
On February 2, 2012, the Administration and staff from the Planning Department met
with representatives of the 420 Lincoln Road property and Mr. Shedroff and his
representative. After a discussion of the various issues, the attorney for 420 Lincoln
Road proffered certain operational limitations on any sidewalk cafe that would be
licensed. Mr. Shedroff requested time to consider the proposed limitations. On February
692
420 Building Sidewalk Cafe to LUDC for Approval
March 21, 2012 Page2
7, 2012 Mr. Shedroff communicated to all parties that he wanted to continue discussing
the proposed conditions.
On February 15, 2012 the Land Use and Development Committee again took up the
issue. Jorge Gomez briefed the Committee on the meeting held between the property
owner's representatives and Mr. Shedroff, the issues discussed, and the lack of
consensus between the two parties. Additional public testimony was heard, and further
discussion by the Committee centered upon attempting to balance the issue of sidewalk
cafes near residential areas with the fact that this is commercial zoning and no other
commercial area is limited in a similar manner. The Committee resolved the matter by
deciding to lift the stay on the proposed sidewalk cafe, subject to the actual sidewalk
cafe application for the property being presented to the Land Use Committee for final
review and approval.
ANALYSIS
The Administration applauds both the Land Use and Development Committee as well as
City staff for striving to balance the issue of compatibility of sidewalk cafes which are
located near residential areas against the similarly important need to continue to
encourage economic growth and vitality by providing a unique environment for relaxation
and food and beverage consumption in the City's Commercial areas. It would be wise
for the City to accept the property owner's voluntary proffer of limiting the location,
intensity and hours of any proposed sidewalk cafe operation at the 420 Garage site, as
these concessions should help to ensure that there is no negative impact of the sidewalk
cafe upon nearby residential properties.
However, the Administration does not recommend the proposal of the Land Use and
Development Committee that the sidewalk cafe application be submitted to the
Committee for review and approval. The procedures and criteria for approval of
sidewalk cafe applications by the City is specified by the City's Sidewalk Cafe
Ordinance, as delineated in Chapter 82, Article IV, Division 5 of the City Code. To
require that this one particular sidewalk cafe application should be subject to the
approval of the Land Use and Development Committee would be unfairly singling out
one property, and subjecting it to requirements that are not imposed upon any other
similar commercial property in the City. Rather, the Administration would suggest that
the Commission advise the Administration as to the parameters and restrictions that it
feels would be appropriate for a proposed sidewalk cafe at the subject location, and then
permit the Administration to handle the approval of such an application with the
understanding that such conditions as are deemed appropriate are applied.
CONCLUSION
Based on the above, it is recommended to lift the stay on the approval of sidewalk cafes
at the 420 Garage building, advise the Administration as to the level of restriction and
conditions that it would deem appropriate, and instruct the Administration to handle the
proposed sidewalk cafe application with those criteria.
R&-L
JMG/JGG/RGL
T:\AGENDA\2012\3-21-12\reso memo for LUDC review of sidewalk cafe.docx
693
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: Land Use and Development Committee
FROM: Jorge M. Gonzalez, City Manager ~~ .JI.\•
DATE: February 15, 2012
SUBJECT: DISCUSSION REGARDING SIDEWALK CAFE PERMITS ON THE DREXEL
AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL
SPACES OF THE PARK@ 420 GARAGE, LOCATED AT THE CORNER OF
16TH STREET & DREXEL AVE.
BACKGROUND
At the October 19, 2011 Commission Meeting, the Mayor and the City Commission
granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln
East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh
that extends approximately five feet six inches (5'-6") over and into the public Right-of-
Way on 16th street and Drexel Avenue.
During the public hearing, Mr. Adam Shedroff spoke about his concern that the
developer would request a sidewalk cafe permit and its impact on the surrounding
residential neighborhood. In response to Mr. Shedroffs concerns, a motion was made
by commissioner Libbin to approve the revocable permit and place a stay on any
sidewalk cafe approvals pending a referral to the Land Use and Development
Committee.
CONCLUSION
On January 18, 2012 the Land Use and Development Committee discussed this issue.
The attorney for the 420 Lincoln Road property and Mr. Adam Shedroff addressed the
Committee and discussed several issues related to the operation of sidewalk cafes at
this property. The Committee instructed that both parties meet and attempt to reach
consensus before February 8, 2012. If consensus cannot be reached, then the matter
was to be brought back to LUDC.
On February 2, 2012, the Administration and staff from the Planning Department met
with representatives of the 420 Lincoln Road property and Mr. Shedroff and his
representative. After a discussion of the various issues, the attorney for 420 Lincoln
Road proffered certain operational limitations on any sidewalk cafe that would be
licensed. Mr. Shedroff requested time to consider the proposed limitations. On February
7, 2012 Mr. Shedroff communicated to all parties that he wanted to continue discussing
the proposed conditions.
As consensus was not reached by February 8, 2012, as instructed by the LUDC, we
have placed this item on this agenda for further consideration and direction on this issue.
JMG/JGG
M:\$CMB\CCUPDATES\Land Use and Development Commlttee\2012\February\420 Lincoln Road Land Use memo.docx
LUDC #59
694
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THAT AN
APPLICATION FOR A SIDEWALK CAFE PERMIT FOR THE DREXEL
AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL
SPACES OF THE PARK @ 420 GARAGE, LOCATED AT THE
CORNER OF 16TH STREET & DREXEL AVE., BE SENT TO THE
LAND USE AND DEVELOPMENT COMMITTEE (LUDC) FOR REVIEW
AND APPROVAL
WHEREAS, at the October 19, 2011 Commission Meeting, the Mayor and the City
Commission granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln
East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh that extends
approximately five feet six inches (5'-6") over and into the public Right-of-Way on 16th street and
Drexel Avenue; and
WHEREAS, during that public hearing, a nearby resident, Mr. Adam Shedroff, spoke about his
concern that the developer would request a sidewalk cafe permit and its impact on the surrounding
residential neighborhood; and ·
WHEREAS, in response to Mr. Shedroff's concerns, the Commission voted to approve the
revocable permit and place a stay on any sidewalk cafe approvals pending a referral to the Land Use
and Development Committee (LUDC) ; and
WHEREAS, after a meeting of the LUDC on January 18, 2012 at which the issue was
discussed, and a meeting of City staff with representatives of the 420 Lincoln Road property and Mr.
Shedroff and his representative on February 2, 2012 at which the parties failed to reach consensus,
on February 15, 2012 the LUDC resolved the matter by deciding to lift the stay on the proposed
sidewalk cafe, subject to the actual sidewalk cafe application for the property being presented to the
Land Use Committee for final review and approval; and
WHEREAS, it is the stated policy of the City Commission that actions taken by their
Committees must first be ratified by the full Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that a proposed Sidewalk Cafe Permit application for the use of
the sidewalks in front of the retail spaces at the Park @ 420 Garage, located at the corner of 16th
Street and Drexel Avenue, shall be sent to the Land Use and Development Committee (LUDC) for
review and approval.
PASSED and ADOPTED this __ day of , 2012.
ATTEST:
CITY CLERK
T:\AGENDA\2012\3-21-12\Reso for LUDC review of sidewalk cafe rev. oc
695
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
7h3 Jn.-
1 Date
THIS PAGE INTENTIONALLY LEFT BLANK
696