R5B-Prohibit Sidewalk Cafe Operations-Permittees ROW On Euclid -Grieco-Condensed Title:
COMMISSION IIEM SUMMARY
SECOND READING AND PUBLIC HEARING
An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public Property", By
Amending Article lv, Entitled "Uses ln Public Rights-Of-Way", By Amending Division 5 Thereof, Entitled "Sidewalk
Cafes", By Amending Section 82-387, Entitled "Prohibited "No Table'Zones" By Correcting Scrivener's Errors in
Subsection (A) And Adding A New Subsection (B) Prohibiting Sidewalk Cafe Operations/Permittees Within The City's
Right-OtWay On Euclid Avenue Between Lincoln Road And Lincoln Lane South; Providing For Repealer,
Severability, Codification, And An Effective Date.
Build and Maintain Priority lnfrastructure with Full Accountability.
upporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey36% of residents were willing to
reduce on-street parking for wider sidewalks.
Item Summary/Recommendation :
On July 23,2014, the City Commission adopted Resolution No.2014-28673 approving and authorizing the City, after
a duly noticed public hearing, to enter into a Development Agreement with Jameck Development, lnc. (Jameck or
Developer) for the design, development, and construction of certain streetscape improvement in the City's right of way,
at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South. The City is the owner of land located
on Euclid Avenue, between Lincoln Road and Lincoln Lane South and Lincoln Center Associates, LLC, a Florida
limited liability company (Lincoln Center) is an affiliate of Developer and is the owner of certain land adjacent to the
Project Site, on which a parking lot is located (the Lincoln Center Parking Lot.
ln accordance with the requirements of the Florida Local Government Development Act, Section 163.3220, et. seq.,
Florida Statutes, the Notice of lntent to Consider the Development Agreement was advertised and noticed to be
considered at the next two ensuing City Commission meetings, with the First Reading on June 11,2014 and the
Second Reading on July 23,2014. On June 11,2014, the Mayor and City Commission approved the Development
Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street and to Lincoln Lane South;
and2. The prohibition of sidewalk caf6 tables and chairs ("No Table Zone"), as well as other sidewalk caf6 equipment
or furnishings, at the Project Site; and
The Administration modified the Development Agreement to incorporate the conditions required by the City
Commission at its June 11,2014 meeting and the City Commission, on second reading and public hearing, approved
the Development Agreement at the July 23, 2014 meeting. Following City Commission direction, the attached
proposed Sidewalk Caf6 Ordinance amendment prohibiting sidewalk caf6s at the Project Site was drafted and is
presented for consideration. The item was approved on first reading at the December 17, 2014 City Commission
meeting, with the exception of a minor amendment since the first reading, indicated in the Ordinance by a double
strikethrough.
The Administration recommends approval of the Ordinance on second reading and public hearing.
This item is Commissioner Michael Grieco
Financial !nformation :
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that
the City Administration evaluated the longterm economic impact (at least 5 years) of this proposed legislative action,
and determined that there will be no measureable impact on the Citv's budqet.
E MIAMIBEACH 359
19t5.2015
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSJON MEMORANDUM
Mayor Philip Levine and Members the City tsston
FRoM: Jimmy L. Morales, City Manager i
DATE: January 14,2015
SUBJECT: AN ORDINANCE OF THE MA
OF MIAMI BEACH, FLORIDA,
D READING AND PUBLIC HEARING
AND CITY COMMISSION OF THE CITY
NDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAM! BEAGH, ENTITLED "PUBLIC PROPERTY", BY
AMENDING ARTICLE !V, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY",
BY AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES",
BY AMENDING SUBDIVISION !I THEREOF, ENTITLED "PERMIT", BY
AMENDING SECTION 82.387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY CORRECTING SCRIVENER'S ERRORS lN
SUBSEGTTON (A) AND ADDTNG A NEW SUBSECTTON (B) PROHTBTTING
SIDEWALK CAFE OPERATIONS/PERMITTEES WITHIN THE CIry'S
RIGHT.OF.WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND
LINCOLN LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILIry,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading and public hearing.
FINANClAL IMPACT
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the longterm economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the longterm economic
impact (at least 5 years) of this proposed legislative action, and determined that there
will be no measureable impact on the City's budget.
BACKGROUND
On July 23,2014, the City Commission adopted Resolution No. 2014-28673 approving
and authorizing the City, after a duly noticed public hearing, to enter into a Development
Agreement with Jameck Development, lnc. (Jameck or Developer) for the design,
development, and construction of certain streetscape improvement in the City's right of
way, at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South.
The City is the owner of land located on Euclid Avenue, between Lincoln Road and
Lincoln Lane South and Lincoln Center Associates, LLC, a Florida limited liability
company (Lincoln Center) is an affiliate of Developer and is the owner of certain land
adjacent to the Project Site, on which a parking lot is located (the Lincoln Center Parking
Lot.
On May 13, 2013, the Finance and Citywide Projects Committee of the City
recommended the approval of the Developer's conceptual plan for the closure of a
portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular
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City Commission Meeting
Second Reading Public Heaing
Euclid Ave Side Walk Caf6 "No Table" Zone
January 14,2015
Page 2 of 2
traffic, as part of the extension of the Lincoln Road pedestrian mall; the removal of the
disconnect vault and its relocation to Lincoln Center Parking Lot; and the construction of
streetscape improvements in the City's right-of-way located in the Project Site (the
Conceptual Plan); and further requested a Letter to Commission, in connection with the
item's consideration at the June 5, 2013 City Commission meeting. On June 5,2013,
the Mayor and City Commission adopted Resolution No. 2013-28236, approving the
Conceptual Plan and authorized the City Manager to enter into negotiations with
Developer to design and build the Project.
On October 8,2013, the City's Historic Preservation Board (HPB), pursuant to an order
under HPB File No. 7385, issued a Certificate of Appropriateness granting approval of
streetscape improvements in the City's right of way including, but not limited to, the
removal of the disconnect vault and landscape; the installation of new hardscape,
landscape and street lighting; and the closure of a portion of Euclid Avenue to vehicular
traffic, as part of an extension of the pedestrian mall. Subsequently, the City and
Developer negotiated a Development Agreement for the proposed Project, having an
estimated cost of $618,000, of which $485,821 shall be funded by the City, from
available City Center Redevelopment Area funds, with the balance of the Project costs
to be funded by Developer.
ln accordance with the requirements of the Florida Local Government Development Act,
Section 163.3220, et. seq., Florida Statutes, the Notice of lntent to Consider the
Development Agreement was advertised and noticed to be considered at the next two
ensuing City Commission meetings, with the First Reading on June 1 1, 2014 and the
Second Reading on July 23,2014. On June 11,2014, the Mayorand City Commission
approved the Development Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street
and to Lincoln Lane South; and
2. The prohibition of sidewalk caf6 tables and chairs ("No Table Zone"), as well as
other sidewalk caf6 equipment or furnishings, at the Project Site; and
The Administration modified the Development Agreement to incorporate the conditions
required by the City Commission at its June 11, 2014 meeting and the City Commission,
on second reading and public hearing, approved the Development Agreement at the July
23,2014 meeting.
Following City Commission direction, the attached proposed Sidewalk Caf6 Ordinance
amendment prohibiting personalty or equipment relating to the operation of a restaurant,
including without limitation, sidewalk caf6s, back-of-house operation, or any other similar
items at the Project Site was drafted and is presented for consideration. The attached
Ordinance was approved by the City Commission on first reading at the December 17,
2014 meeting, with the exception of the removal of the language indicated by a double
strikethrough, which was removed since the first reading.
GONGLUSION
The Administration recommends approval of the Ordinance on second reading and
public hearing.
JLM/KGB/MAS
T:\AGENDA\2015Uanuary\TCED\Sidewalk Cafe Ordinance (Second Reading) Memo.doc
361
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE GODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERW", BY AMENDING
ARTICLE IV, ENTITLED "USES !N PUBLIG RIGHTS-OF.WAY'" BY
AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES", BY
AMENDING SUBDIVISION II THEREOF, ENTITLED "PERMIT", BY
AMENDING SEGTION 82.387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY CORRECTING SCRIVENER'S ERRORS IN
SUBSECTTON (A) AND ADDTNG A NEW SUBSECTTON (B) PROHTBTTTNG
SIDEWALK CAFE OPERATIONS/PERMITTEES WITHIN THE CITY'S RIGHT.
OF.WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN
LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subdivision ll of Division 5 of Article lV of Chapter 82 of the Code of the City
of Miami Beach, Florida, is hereby amended as follows:
CHAPTER 82
PUBLIG PROPERTY
ARTICLE lV. Uses in Public Rights-of-Way
DIVISION 5. Sidewalk Gafes
SUBDIVISION !1. Permit
Sec. 82-387. Prohibited "no table" zones.
(a) There shall be no sidewalk cafes permitted and/or placed within a section of the 1100
block of Lincoln Road Mall, between Lenox Avenue and Alton Road; said section as more
specifically defined by the following description:
362
Land Description:
A portion of Lincoln Road lying between Alton Road and Lenox Avenue, as shown on
"Commercial Subdivision," according to the plat thereof, as recorded in Plat Book 6, at plage 5
of the pEublic rBecords of MiamifDade County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Lot 6, Block 39 of said "Commercial Subdivision;" thence
south 89'08"55" west along the south line of Block 39 of said "Commercial Subdivision," a
distance of 11.20 feet; thence south 00'51'05" east, a distance of 25.00 feet to the point of
beginning; thence continue south 00'51"05" east, a distance of 50.00 feet; thence south
89'08"55" west along a line 25.00 feet north and parallel with the south right-of-way line of said
Lincoln Road, a distance of 190.08 feet; thence north 00'51'051west, a distance of 50.00 feet;
thence north 89'08'55" east along a line 25.00 feet south and parallel with the north right-of-way
line of said Lincoln Road, a distance of 190.08 feet to the point of beginning.
Said land situate, lying and being in the City of Miami Beach, MiamifDade County, Florida;
containing 9,504 square feet, more or less.
(b) There shall be no oersonaltv or equipment relatino to the operation of a
restaurant. includinq. without limitation. sidewalk caf6s. sidewalk caf6 furniture. qarbaqe
receptacles, storaqe containers, back-of-house operation, equipment or supplies, or anv other
similar item permitted and/or placed within a# the improved section of Euclid Avenue,
between Lincoln Road and Lincoln Lane South. which section is more particularlv described. as
follows:
Land Description:
A portion of Euclid Avenue Rioht-of-Wav as shown on the plat of "SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY'.
accordinq to the plat thereof, as recorded in Plat Book 6, at Paqe 33. and the plat
of "LINCOLN SUBDIVISION". accordinq to the plat thereof. as recorded in Plat
Book 9. at Paoe 69, both recorded in the Public Records of Miami-Dade Countv,
Florida: bounded on the North bv the extension of the South Rioht of Wav Line of
Lincoln Road. bounded on the South bv the extension of the North Riqht-of-Wav
Line of Lincoln Lane South: bounded on the East bv the East Rioht-of-Wav line of
Euclid Avenue and bounded on the West bv the West Riqht-of-Wav Line of
Euclid Avenue. less the Northerlv 30 feet.
Said land situate. lvinq and beino in the Citv of Miami Beach. Miami-Dade Countv, Florida:
containinq 8.400 square feet, more or less.
SECT!ON 2. REPEALER
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
363
SECTION 3. SEVERABILITY
lf 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.coDlFlcATloN.
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
relettered 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 _ day of ,2015.
PASSED and ADOPTED this _ day of _,2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+ike+nreush de notes deleti ons
W denotes deletions since the First Reading
T:\AGENDA\2015\January\TCED\Sidewalk Cafe Ordinance (Second Reading) Ord.doc
APPROVED AS TO
FORM & LANGUAGE
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