R9D-Discuss- Sidewalk Caf� Permit For Drexel Avenue And 16th Street SidewalkslD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager ~A/--.
DATE: November 14, 2012
SUBJECT: DISCUSSION REGARDING 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.
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. 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. They are as follows:
1. No outdoor speakers;
2. Valet station would be located at the intersection of the alley located at the north
west side of the garage across the street from the Church on Drexel;
3. There would be no limitation on the number of seats placed on the sidewalk until
7:00 PM, and;
4. After 7PM Monday -Thursday, 30 outdoor seats will be permitted until 11 :00
PM. On Friday-Sunday 40 outdoor seats will be permitted until12:00 PM.
5. All tables and chairs were to be located on Drexel Ave. north of the tree pit which
is north of the bicycle rack on the west side of 1601-A.
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Agenda Item
Date
£9D
11-J{[-tz_
Commission Memorandum
Sidewalk Cafe at 1tfh Street and Drexel Avenue
November 14, 2012 Page 2of 2
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.
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.
On March 21, 2012, the item was presented to the City Commission as a resolution;
however, the Commission voted to send the matter to the Neighborhoods/Community
Affairs Committee, clarifying that the stay was not lifted, and directed that the NCAC
should determine what the parameters for any approval should be. (Commission Item
R7D, March 21, 2012-Requested by Commissioner Vice-Mayor Libbin)
On September 24, 2012, the Neighborhoods/Community Affairs Committee discussed
the matter further, and heard from both the attorney for the property owner and Mr.
Shedroff, while they discussed modifications to the above stated restrictions, they did not
reach consensus. As such, the Committee (Commissioners Tobin, Libbin and Exposito
present) referred the discussion to the full commission with no recommendation.
ANALYSIS
The Administration understands the importance of 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. In this particular case, it is recommended that the City look at
the property owner's previous 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.
KGB/JGG/RGL
T:\AGENDA\2012\11-14-12\Sidewalk Cafe 16th and Drexel-MEMO.docx
457
City Commission Memorandum
October 24. 2012
Report of the Neighborhoods/Community Affairs Committee of September 24. 2012
Page 7 of 9
Attachment
A lengthy discussion ensued regarding planning, design and construction process involving both
Public Works and CIP.
City Engineer Richard Saltrick spoke on the design process. Commissioner Tobin stated that
when these plans are done he is going to have an engineer review them and if there is a
significant mistake in these plans he will hold staff responsible.
Commissioner Tobin expressed his concern with the continued plantings of swales on North Bay
Road. He suggested putting a stamp on plans for new homes or renovations that will let people
know that this roadway is going to be redone soon and if they plant or repave in the right-of-way
they are going to have to take it out.
Commissioner Weithom expressed her concern with noticing residents during neighborhood
projects. Her feeling is that noticing is not consistent.
CIP Director Fernando Vazquez described the process for encroachments. He also mentioned
that a new website will be coming online by the end of the year that will provide a tremendous
amount of information for the residents. He agreed with the Commissioner and said his office will
be ramping up communication and will work with the contractor and advice.
ACTION: The Committee made no motion.
10. Discussion Regarding A Resolution Directing That An Application For A Sidewalk Caf8
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. (5:25 PM)
Assistant City Manager Jorge Gomez reviewed the background on this situation.
Lucia Dougherty spoke.
Adam Shedroff spoke.
Commissioner Tobin suggested allowing the sidewalk cafe to be open until 10:00pm on
weeknights and 12:00am on weekend evenings.
Commissioner Gongora stated that he plans have his aide refer a discussion that when an item is
referred to a committee, it stays with that committee and it does not bounce between multiple
committees.
Commissioner Tobin recommended sending this to commission to solve. The major differences
are the one-hour on weekdays and the twenty (20) feet on outside tables.
Jane Lesson spoke.
Ray Breslin spoke.
ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) referred this
discussion to the full commission with no recommendation.
11. Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To
Amend The 1964 Ordinance.
ACTION: Discussion of this item was deferred.
12. Discussion Regarding The Water Feature At The Washington Avenue Entry Of South
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