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2016-29331 Reso RESOLUTION NO. 2016-29331 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING SIDEWALK CAFES AND PARKLETS LOCATED ON WASHINGTON AVENUE BETWEEN 6TH STREET AND LINCOLN ROAD FROM THE TRANSPORTATION CONCURRENCY REQUIREMENTS OF CHAPTER 122 OF THE CITY CODE, FOR THE PERIOD BEGINNING ON MARCH 19, 2016 AND ENDING ON MARCH 31, 2017. WHEREAS, the City of Miami Beach ("City") Land Development Regulations, at Chapter 122, establish the City's procedure for concurrency management; and WHEREAS, Section 122-5 of the City Code creates exemptions from the City's concurrency requirements for certain developments and uses; and. WHEREAS, such exempt developments and uses are not required to obtain a preliminary concurrency determination or a final concurrency reservation certificate from the City; and WHEREAS, on March 9, 2016, the City Commission adopted an Ordinance that modifies the list of exemptions from concurrency to include temporary uses in public rights-of- way located on Washington Avenue between 6th Street and Lincoln Road, as determined by the City Commission by resolution, specifying the geographic areas,' criteria, and duration of the exemption; and WHEREAS, a parklet is a small "park," plaza, or creative public space that is physically installed in an on-street parking space; and WHEREAS, parklets are temporary uses permitted and located in public rights-of-way; and WHEREAS, pursuant to the recommendations of the Mayor's Blue Ribbon Panel for Washington Avenue, the Mayor and City Commission seek to encourage the establishment of parklets along Washington Avenue in order to stimulate economic development and further activate the Washington Avenue corridor; and WHEREAS, on December 9, 2015, the Mayor and City Commission approved the creation of the Washington Avenue Pilot Parklet Program, in order to allow businesses located along Washington Avenue to install parklets for sidewalk cafe use in public rights-of-way on a temporary basis, subject to certain requirements and criteria; and WHEREAS, on March 9, 2016, and following a discussion on whether to exempt parklets from the City's transportation concurrency requirements, the Mayor and City Commission voted to exempt both parklets and sidewalk cafes along Washington Avenue between 6th Street and Lincoln Road; and • WHEREAS, the exemption authorized herein will encourage businesses to introduce parklets and sidewalk cafes along Washington Avenue; and WHEREAS, this exemption from the City's concurrency requirements would 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 parklets and sidewalk cafes located on Washington Avenue between 6th Street and Lincoln Road are hereby exempt from the transportation concurrency requirements of Chapter 122 of the City Code, for the period beginning on March 19, 2016 and ending on March 31, 2017. PASSED AND ADOPTED this P day of/7trCk 2016. ATTEST: ` 144h y Ai ... . \.: i So 0 : y/al • VA." ...". A / • / afael Gra ado •••ORATED: i • City Clerk 9 INCORP _,,- c' , APPROVED AS TO F M & q4� �b �# & FOR EXECUTION 1 --• \.. APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION - City Attorne Dated ,/ 1 T:\AGENDA\2016\March\Planning\Concurrency Fee Exemption for Parklets Resolution-RES.doc 1 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t e City Co kssion FROM: Jimmy L. Morales, City Manager - � DATE: March 9, 2016 SUBJECT: A RESOLUTION EXEMPTING PAR ETS LOCATED ON WASHINGTON AVENUE BETWEEN 6TH STREET AND LINCOLN ROAD FROM CONCURRENCY REQUIREMENTS. ADMINISTRATION RECOMMENDATION Approve a Resolution authorizing Parklets located on Washington Avenue between 6th Street and Lincoln Road with an application date between March 19, 2016 and March 31, 2017 to be exempt from the concurrency requirements Chapter 122 of the City Code. BACKGROUND On April 29, 2015, the Washington Avenue Blue Ribbon Panel presented its final report and recommendations to the Mayor and City Commission. Following the presentation, the Mayor and City Commission held a discussion regarding the potential expansion of sidewalk cafés into the existing parking lane to create an opportunity for outdoor cafés in "parklets." The Mayor and City Commission directed staff to establish a program and guidelines for the design and approval of parklets on a temporary basis. At the December 9, 2015 City Commission meeting, the Mayor and City Commission approved a Washington Avenue Pilot Parklet Program, to be administered by the Public Works Department. In addition, the City Commission directed the Administration to prepare the necessary ordinances to waive concurrency and sidewalk café fees for the Washington Avenue Pilot Parklet Program. Prior to approving the attached resolution, the City Commission must adopt 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 that are located on Washington Avenue between 6th Street and Lincoln Road. If adopted ordinance would require that a resolution of the City Commission specifying geographic areas, criteria, and duration of exemption be adopted in order for the exemption to take effect. 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. Agenda Item R-1 Date 3-?-IL Commission Memorandum Resolution—Washington Avenue Parklets Concurrency Exemption March 9, 2016 Page 2 of 2 ANALYSIS The primary use that is likely to be located on a parklet is a sidewalk café. Sidewalk café permits are temporary uses in the public rights-of way, which are renewed annually through the Public Works Department. Presently, the concurrency fee is $454.61 per seat in the South Beach Transportation Concurrency Management Area, plus an administration fee, which ranges from $275 to $510. For a small business, this can be a substantial investment. 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. SUMMARY/ UPDATE Attached CONCLUSION The Administration recommends that the City Commission approve the attached Resolution, exempting uses on parklets located on Washington Avenue between 6th Street and Lincoln Road with an application date between March 19, 2016 and March 31, 2017 from the concurrency requirements of Chapter 122 of the City Code. JLM/SMT/TRM/RAM T:\AGENDA\2016\March\Planning\Concurrency Fee Exemption for Parklets Resolution-MEM.docx