The URL can be used to link to this page

Home My WebLink AboutOrdinance 2025-4779 Concurrency and Mobility Fee —Waiver Provisions ORDINANCE NO. 2025-4779 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 3 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED "CONCURRENCY MANAGEMENT AND MOBILITY FEES," BY AMENDING ARTICLE II, ENTITLED "CONCURRENCY," BY CREATING SECTION 3.2.3, ENTITLED "IMPOSITION AND COLLECTION OF CONCURRENCY MITIGATION FEES," TO ESTABLISH PROVISIONS FOR THE WAIVER OF APPLICABLE CONCURRENCY MITIGATION FEES; BY AMENDING ARTICLE III, ENTITLED "MOBILITY FEES," BY AMENDING SECTION 3.3.3, ENTITLED "IMPOSITION AND COLLECTION OF MOBILITY FEES," TO ESTABLISH PROVISIONS FOR THE WAIVER OF APPLICABLE MOBILITY FEES; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, under the requirements of the Land Development Regulations of the City Code (LDRs), concurrency and mobility fees may be required for certain types of development in the City of Miami Beach; and WHEREAS, within certain commercial areas that are experiencing higher vacancy rates, required concurrency and mobility fees may pose a financial hardship for businesses; and WHEREAS, Section 163.3180, Fla. Stat., encourages local governments to develop policy guidelines, tools, and techniques to complement and mitigate the effects of transportation concurrency requirements on development in certain areas or districts; and WHEREAS, the City has identified certain commercial corridors wherein the community desires to encourage redevelopment and mitigate any potential negative impacts on future development caused by transportation concurrency/mobility fee requirements; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 3, "Concurrency Management and Mobility Fees", is hereby amended as follows: CHAPTER 3 CONCURRENCY MANAGEMENT AND MOBILITY FEES ARTICLE II. CONCURRENCY Page 1 of 3 3.2.3 Imposition and collection of concurrency mitigation fees a. Concurrency mitigation fees assessed pursuant to Article II of this Chapter shall be collected and paid prior to or concurrent with the issuance of the applicable building permit, certificate of use, business tax receipt, or other similar approval. b. Concurrency mitigation fees set forth in this section shall not be required for existing buildings, including changes of use inexistincf buildings, on properties located within the following boundaries: i. Properties fronting 41st Street, between Indian Creek and Alton Road; ii. Properties fronting Lincoln Road, between Collins Avenue and Alton Road; iii. Properties fronting Washington Avenue between Fifth Street and 17th Street; iv. Properties fronting 715t Street and Normandy Drive that are zoned CD-2; and v. Properties fronting Ocean Drive that are zoned MXE. This subsection b. shall not apply to .round-u• new construction or .••i i.n • a b ildin• and shall sunset and stand automatically repealed on December 31, 2026. * * * ARTICLE III. MOBILITY FEES * * * 3.3.3 Imposition and collection of mobility fees a. Mobility fees shall be assessed upon the issuance of a building permit or change of use for any development within the city. Mobility fees shall be calculated in the manner set forth in section 3.3.6 hereof and the mobility fee study referenced in section 3.3.2. 1. Mobility fees assessed in connection with the issuance of a development order shall be collected and paid prior to or concurrent with the issuance of the building permit. 2. Mobility fees assessed in connection with a change of use shall be collected and paid prior to issuance of the certificate of use, business tax receipt, or other similar approval. The mobility fee shall be computed at the difference between the rate established in the mobility fee schedule for the proposed use and the rate established in the mobility fee schedule for the legally established use as defined in section 1.2.3. b. Mobility fees set forth in this section shall not be required for existing buildings, including changes of use in existing buildings, on properties located within the following boundaries: i. Properties fronting 41st Street, between Indian Creek and Alton Road; ii. Properties fronting Lincoln Road, between Collins Avenue and Alton Road; Page 2 of 3 iii. Properties fronting Washington Avenue between Fifth Street and 17th Street; iv Properties fronting 71st Street and Normandy Drive that are zoned CD-2; and v. Properties fronting Ocean Drive that are zoned MXE. This subsection b. shall not apply to ground-up new construction or additions to a building and shall sunset and stand automatically repealed on December 31, 2026. c. Modifications to an existing use and changes of use which do not result in a higher assessment under the mobility fee schedule shall be exempted from payment of the mobility fee. d. The city shall also require a site-specific multimodal transportation analysis and mitigation plan pursuant to the applicable land use board application requirements set forth in chapter 2. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this /7 day of Dece ber- 020 ATTEST: Steven Meiner, Mayor Rafael E. ranado, City Clerk DEC 2 2 202 5„ APPROVED AS TO ..... '. FORM AND LANGUAGE First Reading: September 17, 2025 tip'',, & FOR CUTION Second Readin Decembe, 17, r,c1¼ c/ ; '•.IHtOgpORATED Verified by: i R•,y 26^'`A` City Attorney Date Thomas R. Mooney, AICP """' Planning Director T:\Agenda\2025113 December 17,2025\Planning\Concurrency and Mobility Fee-Waiver Provisions-Second Reading ORD.docx Sponsored by Commissioner Alex J. Fernandez Page 3 of 3 Co-Sponsored by Mayor Steven Meiner Ordinances - R5 D MIAMI BEACH COMMISSION MEMORANDUM 10: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: December 17, 2025 9:25 a.m. Second Reading Public Hearing TITLE: CONCURRENCY AND MOBILITY FEES — WAIVER PROVISION AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 3 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED "CONCURRENCY MANAGEMENT AND MOBILITY FEES.' BY AMENDING ARTICLE II, ENTITLED "CONCURRENCY," BY CREATING SECTION 3.2.3, ENTITLED "IMPOSITION AND COLLECTION OF CONCURRENCY MITIGATION FEES," TO ESTABLISH PROVISIONS FOR THE WAIVER OF APPLICABLE CONCURRENCY MITIGATION FEES; BY AMENDING ARTICLE III, ENTITLED "MOBILITY FEES," BY AMENDING SECTION 3.3.3, ENTITLED "IMPOSITION AND COLLECTION OF MOBILITY FEES," TO ESTABLISH PROVISIONS FOR THE WAIVER OF APPLICABLE MOBILITY FEES: AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance. BACKGROUND/HISTORY On June 25, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed ordinance directly to the Planning Board (C4 E). ANALYSIS The Land Development Regulations of the City Code (LDRs) require the payment of concurrency mitigation fees and mobility fees as it relates to increases in development intensity. These fees are assessed to offset impacts to the City's transportation system and ensure that adequate infrastructure is available to support new or intensified uses. The proposed ordinance would waive concurrency and mobility fees for existing buildings on properties located within the following areas: 1. 41st Street (Indian Creek to Alton Road). 2. Lincoln Road (Collins Avenue to Alton Road). 3. Washington Avenue (5th Street to 17th Street). 4. 71st Street and Normandy Drive (CD-2 zoned properties). 5. Ocean Drive (MXE zoned properties). 2111 of 3458 The waiver provision is intended to support economic revitalization in targeted commercial areas by reducing upfront costs, encouraging occupancy, and reducing commercial vacancies. The rationale for this waiver provision is well intended and limiting the timeframe to one year should help address any negative financial implications. The proposed ordinance is also applicable only to existing buildings, including changes of use within existing buildings. By limiting the fee waiver to existing buildings, and excluding new, ground up construction and additions, there would be no loss in mobility fees for larger, threshold projects that would likely have the most significant impact on our transportation and roadway networks. The Administration would continue to urge caution regarding any future extension of the proposed waiver provision beyond one year, or expansion of applicable areas beyond those proposed in the attached ordinance. To this end, a more significant impact on revenue generated for transportation and mobility projects could occur if the proposed waiver is not properly constrained. PLANNING BOARD REVIEW On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board also recommended that the City Commission study additional areas of the City for a potential waiver of concurrency and mobility fees. UPDATE The subject ordinance was approved at First Reading on September 17, 2025. After approval of the ordinance at First Reading, the sponsor requested that the ordinance be modified to ensure that the proposed waiver of fees is applicable only to existing buildings and would not be applicable to new, ground up construction or additions. The sponsor also requested that the area along Ocean Drive from 5ch to 15"' Street be added to the list of properties eligible for the waiver. The attached ordinance has been revised to include these changes for Second Reading. FISCAL IMPACT STATEMENT Over the past five years, approximately 335 applications were assessed a mobility fee for new development or changes in use within an existing building. Although limited to one year and applicable only to existing buildings, the proposed waiver provision would apply to several, significant commercial areas of the City and will likely have an impact on revenue generated to address transportation and mobility issues. Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 9/24/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends the following: 1. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle 2112 of 3458 restriction for the subject LDR amendment in order for Second Reading of the ordinance to occur prior to January 2026. 2. The City Commission adopt the ordinance. Applicable Area Cityv'.de Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Planning Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Mayor Steven Meiner Condensed Title *9:25 a.m. 2nd Rdg, Concurrency & Mobility Fee-Waiver Provision. (Fernandez/Meiner) PL 5/7 Previous Action (For City Clerk Use Only) First Reading Public Hearing on 9/17/2025 - R5 P 2113 of 3458