Loading...
2014-28696 Reso RESOLUTION NO. 2014-28696 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING SIDEWALK CAFES LOCATED NORTH OF 63RD STREET WITH AN APPLICATION DATE BETWEEN OCTOBER 26, 2013 AND SEPTEMBER 30, 2015 FROM THE CONCURRENCY REQUIREMENTS OF CHAPTER 122 OF THE CITY CODE. WHEREAS, the City of Miami Beach Land Development regulations contains a chapter for concurrency management, which provides for certain exemptions from concurrency; and WHEREAS, the section for exemptions from concurrency lists the types of developments that are not required to obtain a preliminary concurrency determination or a final concurrency reservation certificate; and WHEREAS, on July 23, 2014, the City Commission adopted an Ordinance that modifies the list of exemptions from concurrency to include temporary uses in public rights-of-way as determined by the City Commission by resolution, specifying geographic areas, criteria, and duration of exemption; and WHEREAS, Sidewalk Cafes are temporary uses permitted and located in public rights- of-way; and WHEREAS, on October 16, 2013, the City Commission approved ordinance 2013-3824, which abates Sidewalk Cafe square footage fees from its effective date of October 26, 2013 through and including September 30, 2015; and WHEREAS, the City Commission finds consistent with the allowable exemptions from concurrency it is appropriate to waive concurrency fees for sidewalk cafes north of 63rd Street, and that it is beneficial to have consistent applicability dates for the North Beach fee exemptions; and WHEREAS, this proposed resolution does not decrease the quality of life for the residents. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Sidewalk Cafes located north of 63rd Street with an application date between October 26, 2013 and September 30, 2015 be exempt from the concurrency requirements of Chapter 122 of the City Code. PASSED AND A OPTED this -3o day of Jy 20 ATTEST: Rafael Gp6nado, City berk �: ,. :`y ilip Levine APPROVED AS TO FORM & NG... ORATED' City Attorney Dated T:\AGENDA\2014\July\July 30\North Beach Sidewalk Cafe Concurrency Exemption Resolution-RES.doc MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members a C, C mis ion FROM: Jimmy L. Morales, City Mana DATE: July 30, 2014 SUBJECT: A RESOLUTION EXEMPTING SIDEWALK CAFES FROM CONCURRENCY REQUIREMENTS IN THE NORTH BEACH AREA. ADMINISTRATION RECOMMENDATION Approve a Resolution authorizing Sidewalk Cafes located north of 63rd Street with an application date between October 26, 2013 and September 30, 2015 to be exempt from the concurrency requirements Chapter 122 of the City Code. BACKGROUND On July 23, 2014, the City Commission adopted an Ordinance amending Section 122-5 of the City Code, pertaining to "Exemptions from Concurrency", to include temporary uses in the public right of way as an additional exemption from concurrency requirements. The adopted ordinance requires a resolution of the City Commission specifying geographic areas, criteria, and duration of exemption. The concurrency fee is a one-time fee and is not assessed yearly, but runs with the use as long as it continues. The concurrency fee is based on the number of peak-hour trips the establishment generates; in the case of sidewalk cafes, the calculation is based on the number of seats. The concurrency fee is based on the costs to the City to mitigate each additional trip in three geographical areas: South Beach, below Dade Boulevard; Middle Beach, between Dade Boulevard and 63rd Street; and North Beach, between 63rd Street and City Line at 87th Terrace. In an effort to encourage economic development, the City Commission approved Ordinance 2013-3824, on October 16, 2013, authorizing the abatement of Sidewalk Cafe Square Footage Fees for businesses north of 63rd Street. The timeframe for such abatement is from the applicability date of October 26, 2013 through and including September 30, 2015. As this resolution is for similar purposes as the aforementioned ordinance, it is suggested that the resolution be consistent and contain similar geographic boundaries, criteria, and duration period. ANALYSIS Side walk cafe permits are temporary uses in the public rights-of way, which are renewed annually through the Public Works Department. Presently, the concurrency fee is $415.15 per seat in the North Beach Transportation Concurrency Management Area, plus administration fees, which are typically $275 to $400. For a small business, this can be a substantial investment. - - - Agenda Item c 7A Date 7-30-1 Commission Memorandum Resolution—North Beach Concurrency Exemption July 30, 2014 Page 2 of 2 The proposed resolution, would positively impact the areas where it is proposed to be enacted by incentivizing and encouraging economic growth. The Planning Department believes that the further activation of storefronts and sidewalks will create more activity on the street, which cuts down on petty crime and provides a more walkable area that promotes destination dining and shopping. CONCLUSION The Administration recommends that the Cit y Commission approve the atatched Resolution exempting Sidwalk Cafes located north of 63rd Street with an application date between October 26, 2013 and September 15, 2015 from the concurrency requirements of Chapter 122 of the City Code. JL J RM/MCS/RAM T:\AGEN \2014\July\July 30\North Beach Sidwalk Caf6 Concurrency Exemption Resolution-MEM.docx