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 82-385, ENTITLED “MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES” TO AMEND SIDEWALK CAFE STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

BACKGROUND

On September 27, 2016, the Mayor and City Commission adopted Resolution No. 2016-29590, approving a 10-Point Plan for Ocean Drive. As part of this 10-Point Plan, revised design standards and guidelines for sidewalk cafés were developed and approved. The elements of the approved guidelines related to the securing of umbrellas to the sidewalk, as well as certain design standards for umbrellas, require amendments to Chapter 82 of the City Code. The sponsor of this proposed Code Amendment is Commissioner Ricky Arriola.

ANALYSIS

The following is a summary of the proposed modifications to Chapter 82 of the City Code, to accommodate the Ocean Drive Sidewalk Cafe Design Guidelines approved under the 10 Point Plan. The proposed modifications are specific to properties located on the west side of Ocean Drive between 5^th street and 15^th street:

Securing of Sidewalk Umbrellas

·         Umbrellas may be affixed to the sidewalk with an in-ground mount system that is flush with the sidewalk or with a bolted metal plate not to exceed nine inches (9") by nine inches (9") in size;  

·         A detailed engineering plan must be approved by the Public Works Department;

·         The mount system or metal plate must be easily removable (as determined by the city) to provide a smooth  ADA-compatible surface when the mount system or metal plate is removed;

·         At the time a sidewalk café becomes non-operational, the umbrellas and mount system or metal plates shall be removed and standard concrete sidewalk re-installed.

Umbrella Design Standards

·         A maximum of three (3) umbrellas may be zipped together;

·         Rain gutters may be installed between zipped umbrellas;

·         Colorless and transparent roll-down tarps may be permitted to be attached to umbrellas, provided that the tarps are only utilized during periods of strong wind or rainfall.

The modifications to Chapter 82 of the City Code proposed in the attached Ordinance are specific to the standards and guidelines adopted as part of the 10 Point Plan for Ocean Drive, and are expected to significantly improve sidewalk café seating, pedestrian circulation and services. These standards were developed to maintain a careful balance between the operational needs of businesses and the architectural character and integrity of the streetscape is critical for the long term success of Ocean Drive.

UPDATE

On December 14, 2016, the City Commission approved the subject ordinance at First Reading, with no changes.

The Administration recommends that the City Commission adopt the ordinance.

In accordance with Charter Section 5.02, which requires that the “City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions,” this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action.  The proposed Ordinance is not expected to have a negative fiscal impact upon the City.