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Home My WebLink AboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City k FROM: Victoria Mendez, ttorney DATE: July 23, 2019 RE: Resolution N6. -18-0427 - Pilot Program - Install and Operate - Parklets in City Maintain_ Roadways File No. 4200 At its September 27, 2018 meeting, the City Commission adopted the above referenced agenda item, RE.5, approving and establishing a one (1) year pilot program for the installation of Parklets. The Legislation was originally introduced in June 2018 and so contained an expiration date described as a "one (1) year period ending June 30, 2019." Since the Legislation was adopted on September 27, 2018, the expiration has been corrected to state a "one (1) year period ending September 27, 2019." The Legislation has been corrected and the version incremented to Revision D. VM/BLM/PRV/vja Enclosure(s) -, c„ C i `n ry ., o Z,0 S -Se�b �JVA�7S EV= Pc-- al-Q� �D City of Miami - Legislation ' Resolution: R-18-0427 File Number: 4200 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/27/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ESTABLISHING A ONE (1) YEAR PILOT PROGRAM FOR PARKLETS ("PILOT") TO BE ADMINISTERED BY THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("DEPARTMENT"); ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION, CONSTRUCTION, AND INSTALLATION STANDARDS; PROVIDING FOR AN APPLICATION FEE; ESTABLISHING A PROCESS FOR THE EVALUATION AND REVIEW OF APPLICATIONS; REQUIRING EXECUTION OF A PARKLET PERMIT AS A CONDITION PRECEDENT TO CONSTRUCTION, INSTALLATION, AND OPERATION OF A PARKLET; DELEGATING AUTHORITY FOR EXECUTION OF PARKLET PERMITS TO THE CITY MANAGER OR DESIGNEE; ESTABLISHING A MAXIMUM NUMBER OF FIVE (5) PARKLETS UNDER THE PILOT, SUBJECT TO THE AUTHORITY OF THE CITY MANAGER OR DESIGNEE FOR AUTHORIZATION OF AN ADDITIONAL FIVE (5) PARKLETS, UPON GOOD CAUSE SHOWN BY THE DEPARTMENT; ESTABLISHING SUCH OTHER TERMS AND CONDITIONS PURSUANT TO THE PARKLET REVOCABLE LICENSE AS DEEMED NECESSARY; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell WHEREAS, Parklets are platforms/semi-permanent decks, installed adjacent to public sidewalks and over parking spaces within the public right-of-way; and WHEREAS, Parklets, which are open to the general public because of their location in the public right-of-way, may include tables, chairs, umbrellas, landscaping, food and beverage service, and sun shade; and WHEREAS, development of a Parklets Pilot Program will allow adjacent business owners to provide outdoor seating without the need for permanent street re -design; and WHEREAS, Parklets expand the pedestrian experience and enhance the quality thereof beyond the sidewalk; and WHEREAS, Parklets have been successfully implemented in San Francisco, Oakland, Brooklyn, Philadelphia, Los Angeles, San Jose, Birmingham, and Michigan and on a pilot program basis in Fort Lauderdale; and WHEREAS, Parklets are a new concept within the City of Miami ("City"), serve a valid municipal purpose, and are deemed in the best interest of the public on a one (1) year pilot program basis, subject to evaluation; City of Miami Page 1 of 4 File ID: 4200 (Revision: D) Printed On: 712512019 File ID: 4200 Enactment Number: R-18-0427 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. There is hereby created, authorized, and established a Pilot Program for Parklets. The term of the Pilot Program shall be for a one (1) year period ending September 27, 2019. Applications may be accepted and processed immediately upon final passage of this Resolution. This Pilot Program is to be administered by the Department of Resilience and Public Works ("Department"). Section 3. Eligible Locations. The locations of any Parklet shall be in accordance with the following criteria: a. Parklets are permitted on City maintained roadways with speed limits of twenty- five miles per hour (25 mph) or less that abut Commercial Uses. b. Parklets can be sited along the curb line on streets where on -street parking spaces exist. The Parklet can be considered on any location where there are, or would be, space(s) for on -street parking including spaces with metered or unmetered parking. C. Parklets are generally permitted on streets with a running slope (grade) of five percent (5%) or less. When installed on streets with running slopes of three percent (3%) or greater, Parklets will be required to include a wheelchair rest area. Parklets may be permitted on streets with a running slope of greater than five percent (5%) only if they can provide safe access and turnaround area for wheelchair users. d. Parklets shall be limited to two (2) per City block on a first come first serve basis. Section 4. General Physical Requirements. The general physical requirements for a Parklet shall be in accordance with the following criteria: a. Reflective elements are required at the outside corners of all Parklets. Soft -hit posts are a standard solution deployed at the outside edges; however, the City will consider additional reflective elements incorporated into the Parklet design. b. For Parklets in parallel parking spaces, a three-foot wheel stop must be installed one (1) foot from the curb at the edge of the front and back parking spaces. When Parklets are installed adjacent to parallel parking spaces, wheel stops should be setback four (4) feet from the Parklet structure. C. The initial site plan accompanying the application should accurately reflect the existing site conditions and include streetscape features like adjacent bicycle racks, utility covers, street poles, existing signs, street trees, tree wells, etc. d. Parklets must not interfere with visibility sight triangles regulated by the Department's Standards and Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida. e. If the Parklet is located in an area with metered parking, the locations of the parking meters to be taken out of service must be shown, including their associated parking meter zone number(s). Section 5. Criteria for the fabrication, construction, and installation of the Parklet platform are set forth in Exhibit "A," attached and incorporated. City of Miami Page 2 of 4 File ID: 4200 (Revision: D) Printed on: 7/25/2019 File ID: 4200 Enactment Number: R-18-0427 Section 6. The process by which applications for approval for Parklets are to be made and administered are set forth in Exhibit "A," attached and incorporated, which includes the following: • Application Form • Site Plan • Parklet Programming • Support • Indemnity and Hold Harmless Agreement • Departmental Review • Permit Application • Construction Permit Approval • Construction of Parklet • Other Permits • Parklet Removal • Transfer of Permits • Pilot Program Changes Section 7. Each Application for Parklet approval shall be reviewed by the Department and representatives from the Departments of Planning, Zoning, and Off -Street Parking ("MPA") based on the following criteria: • Meets established design criteria (25 points) • Enhancement of streetscape quality and preliminary design (25 points) • Compliance with technical and accessibility provisions (20 points) • Location of Parklet is likely to be well used and active (15 points) • Realistic and viable maintenance plan (10 points) • Does not conflict with City streetscape initiatives (upcoming streetscape, redesigns, paving projects, etc.) (5 points) • Community support. Section 8. In reviewing each Application for Parklet approval, the City will also consider support of the community, although no points will be added to said consideration. The five (5) applications with the highest scores shall receive notification and proceed to the next step of the process. Section 9. Applications for Parklet approval shall only be considered by those owning or operating a business adjacent to the proposed Parklet location. Section 10. Filing of an Application for a Parklet shall be accompanied by a non- refundable application fee of $50.00 plus $5.00/square foot of parking space area required for the proposed Parklet. MPA fees are separate from the Parklet fee and shall be as provided for in the City Code. Section 11. The City Commission hereby delegates the authority to the City Manager, or designee, to execute the applicable Parklet Permit and any amendments thereto. Section 12. A maximum number of five (5) Parklets may be approved under the Pilot Program, provided however, for good cause shown by the Department, the City Manager may add an additional five (5) Parklets. Section 13. This Resolution shall become effective immediately upon its adoption and City of Miami Page 3 of 4 File ID: 4200 (Revision: D) Printed on: 7/25/2019 File ID: 4200 signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: Enactment Number: R-18-0427 i ria 6dez, Cityttor ey 11/29/2018 itt6riadd'z, Uyktor ey 7/23/2019 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File ID: 4200 (Revision: D) Printed on: 7125/2019