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, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-382, ENTITLED "APPLICATION," AND SECTION 82-383, ENTITLED "PERMIT FEE; PENALTIES FOR LATE PAYMENT; REVIEW OF FEE; EXCEPTION," TO EXTEND ABATEMENT OF SIDEWALK CAFE PERMIT FEES, INCLUDING ANNUAL PERMIT APPLICATION FEES AND SQUARE FOOTAGE FEES, FOR BUSINESSES PARTICIPATING IN THE CITY'S WASHINGTON AVENUE PILOT PARKLET PROGRAM, WHICH PROGRAM SHALL TERMINATE ON MARCH 31, 2021; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

A parklet is a small park, plaza, or creative public space that is physically installed in an on-street parking space.  Parklets are commonly the length of one (1) to two (2) parallel parking spaces or three (3) to four (4) angled parking spaces, however, length may vary according to design and street configuration.  They should be implemented at sidewalk elevation (i.e., flush with the sidewalk) to ensure ADA accessibility and pedestrian convenience.

In 2015, the Mayor and City Commission sought to encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor.   On July 8, 2015, the Mayor and City Commission adopted Resolution No. 2015-29085, accepting the recommendation of the Land Use and Development Committee regarding the creation of a process and criteria for applications for parklets on a temporary basis, and further directing the Administration to develop criteria and a procedure for approval of parklets to be installed on a temporary basis on Washington Avenue between 5th Street and Lincoln Road.

On December 9, 2015, the Mayor and City Commission held a discussion regarding a pilot program to allow business to install temporary parklets along Washington Avenue, between 5th Street and Lincoln Road (the “Pilot Program”).

City staff presented the Mayor and City Commission with four options for permit fees per parking space for businesses applying for parklets: (1) an annual fee of $26,280, based on the hourly metered parking rate per parking space; (2) an annual fee of $10,744, based on the average revenue per parking space along the Washington Avenue Corridor per year; (3) an annual fee of $9,125, based on the currently daily parking space rental fee; and (4) an annual fee of $1,200, based on the City’s monthly parking permit fee.

The Mayor and City Commission elected to proceed with Option 4, an annual fee of $1,200 per parking space, to incentivize participation in the Pilot Program.  On December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29244, approving the creation of the Washington Avenue Pilot Parklet Program with a duration of one (1) year.

On March 9, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4003, to abate sidewalk café permit fees, including annual permit application fees and square footage fees, for business participating in the Pilot Program. 

During the discussion on Ordinance No. 2016-4003, the Mayor and City Commission decided to extend the duration of the Pilot Program from one (1) year to three (3) years.  On March 9, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4000, to authorize the City Commission to exempt, by resolution, temporary uses in public rights-of-way on Washington Avenue from 6th Street to Lincoln Road, from the City’s transportation concurrency requirements.

On March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29331, exempting sidewalk cafes and parklets located on Washington Avenue between 6th Street and Lincoln Road from the transportation concurrency requirements of Chapter 122 of the City Code, for the period beginning on March 19, 2016 and ending on March 31, 2017.

City Administration is looking to further extend the abatement of sidewalk café permit fees for an additional two (2) years to terminate on March 31, 2021.

At its June 5, 2019 meeting, the City Commission read the title of the Ordinance into the record, and made a motion to approve the Ordinance on first reading and to hear the item again on July 17, 2019 for a second reading public hearing.