Item Coversheet

Ordinances - R5  O




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:December  8, 2021
 

First Reading

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 is recommending expanding the scope of the program 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, parklets located on FDOT’s right-of-way must 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 Attorney'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 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 relating 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 view 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 café seating areas located within the City of Miami Beach, including the restaurants located within the MXE Mixed-Use Entertainment District.

 

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, 2020, 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 the Administration to come back with a recommendation of streets that may be best suitable 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 parklets in the South of Fifth Area.

 

Therefore, the City Administration is recommending expanding the scope of the program 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, parklets located on FDOT’s right-of-way must obtain approval from FDOT, prior to obtaining a parklet permit from the City.

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 is recommending expanding the scope of the program 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, parklets located on FDOT’s right-of-way must obtain approval from FDOT, prior to obtaining a parklet permit from the City.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
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
SOFNA Resolution to City against Parklets South of Fifth
Ordinance