| | | | | | | |  | New Business and Commission Requests - R9 G
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Vice Mayor Michael Grieco | | | DATE: | July 20, 2016 | | | |
| | SUBJECT: | DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE CLEVELANDER. |
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| | | | | | | | ANALYSIS
| Proposal:
1. All sidewalk cafe tables must be moved immediately to the west part of the sidewalk abutting private property. There must be an unobstructed 5-foot pedestrian path from the edge of the east part of the sidewalk going west. In some cases, this may require a business to lose a table or 2 to comply with this. Because of its unique configuration of retail facing the street, Mango's will not have to comply with the above as long as it maintains a clear 5-foot pedestrian pathway.
2. If necessary to create an unobstructed 5-foot path on certain parts of Ocean Drive, trees on the eastern part of the sidewalk will be removed and the ground filled with asphalt. If tree is not removed, then tree grate must be filled per City Code.
3. All umbrellas must adhere to the City's new guidelines, with some tweaking as was discussed at last HPB. City will give businesses 90 days to buy the new umbrellas. After 90 days, umbrellas not in compliance will be illegal and cannot be used. Regarding the above, Mango's is seeking a different awning and umbrella plan.
4. Umbrellas must be low in height so all hotel facades to be visible. Umbrellas must be square or rectangular and comply with City pastel colors. Umbrellas must be clean and well maintained at all times. Umbrellas must remain in closed position unless required by weather to be open (sun or rain). So, if it’s at night and not raining, umbrellas must be closed. (The height, size and type of new umbrellas proposed by Planning to HPB last month are all considered fine by Clevelander.) Regarding the above, Mango's is seeking a different awning and umbrella plan.
5. Franchised restaurants (like Johnny rockets, McDonald’s, etc.) and franchised retail stores (like CVS) will be banned on Ocean Drive although existing franchised restaurants and retail and will be grandfathered.
6. Retail establishments on Ocean Drive will not be able to exceed a certain maximum size so that it's clear they are just accessory to a main use and not big standalone retail. Variances are not permitted to be granted in order to exceed maximum size.
7. A Cabaret District Overlay Zone will be created from 9th to 11th Streets. Inside the cabaret district, if any establishment wants to operate between 2 am and 5 am, they must contribute money to a pool of funds for the businesses on that block to hire at least 2 off duty Police Officers or private security to patrol the sidewalk on that block between 2 am and 5 am. Each property must clean the sidewalk in front of its property at least hourly bet 2 am and 5 am.
8. Outside the Cabaret District: no liquor service or consumption after 2 am. Exemption for loud music traveling east is repealed.
9. All live entertainment banned unless inside Cabaret District.
10. Immediate implementation of sidewalk standards proposed by task force, such as rules on food and menu displays. Failure to comply leads to suspension of business license until compliance.
11. Hawking by restaurant waiters will be considered a criminal offense for the waiter and the business.
12. BID will be created so that Ocean Drive businesses will tax themselves for more services on the street. However if 2 am liquor cutoff imposed on Clevelander and Mango's then those 2 businesses will vote no on BID and lobby heavily for other property owners to vote no.
13. All street vendors and promoters passing out flyers, product samples and similar items on the sidewalk will be banned.
Unless otherwise noted, all items above to go into effect within 45 days after Commission action.
Current proposals for 2 am law and straw ballot and repeal exemption for noise going east to be withdrawn.
Clevelander and Mango’s Ownership and Management will move forward with a training and certification program where all Ocean Drive café operators must participate and sign a Code of Conduct. All team members (Hourly and Management) will be required to be certified in operating protocol and service principles and be renewed annually with sidewalk café permit.
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| | | | | | | | Legislative Tracking
Vice Mayor Michael Grieco |
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