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2002-24766 Reso RESOLUTION NO. 2002-24766 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A RECOMMENDATION MADE BY THE LAND USE AND DEVELOPMENT COMMITTEE, AND ADOPTING A POLICY WHEREBY EXISTING VACANT RETAIL SPACES OF 2,500 SQUARE FEET OR LESS, SHALL RECEIVE A CONCURRENCY CREDIT, NOT TO EXCEED 100 TRIPS PER DAY, BASED ON THE LAST LEGAL USE OF THE SPACE, REGARDLESS OF THE AMOUNT OF TIME SAID SPACE HAS BEEN INACTIVE; THIS CREDIT NOT BEING AVAILABLE TO NEWLY CONSTRUCTED SPACES. WHEREAS, at its meeting of February 5, 2002, the City Land Use and Development Committee expressed concern regarding the burden that has been imposed by the City's Concurrency Management System (CMS) on applicants wishing to open small businesses in Miami Beach; and WHEREAS, certain retail spaces have been vacant for over one year, thereby becoming unable to receive a concurrency credit for the last legal use of the property, according to CMS rules; and WHEREAS, in some cases, the concurrency mitigation fees required from small business applicants become too costly for a small entrepreneur to handle without a credit for the last legal use, thereby discouraging small businesses to open in Miami Beach; and WHEREAS, the Land Use and Development Committee unanimously voted (3-0) to direct the Administration to prepare a policy, for Commission consideration, regarding the calculation of concurrency mitigation fees for small businesses in the 2,500 square feet or less category; and WHEREAS, for the purposes of concurrency, small businesses are defined as those having a land-use intensity and trip generation which do not exceed 100 trips per day; and WHEREAS, certain businesses, of 2,500 sq. ft. or less, do exceed the maximum 100- trip-per-day threshold, above mentioned. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the recommendation of the Land Use and Development Committee, and hereby adopt a policy whereby existing vacant retail spaces of 2,500 square feet or less, shall receive a concurrency credit not to exceed 100 trips per day, based on the last legal use of the space, regardless of the period of time said space has been inactive; this credit not being available to newly constructed spaces. PASSED AND APPROVED this the 20th day of February , 2002. ArrEST: ~rr~~ CITY CLERK Approved as to form and language, and for execution: I A orney PI- Date: 1- - \ l{ -- o'Y- \\CH2\VOL 1\WORK\$TRA\AMELIA\TCMDIV\CMSPolicy.memo.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m ~ Condensed Title: A RESOLUTION ADOPTING A POLICY WHEREBY EXISTING VACANT RETAIL SPACES OF 2,500 sa. FT. OR LESS, SHALL RECEIVE A CONCURRENCY CREDIT, NOT TO EXCEED 100 TRIPS PER DAY, BASED ON THE LAST LEGAL USE OF THE SPACE, REGARDLESS OF THE AMOUNT OF TIME SAID SPACE HAS BEEN INACTIVE; SAID CREDIT NOT BEING AVAILABLE TO NEWLY CONSTRUCTED SPACES. Issue: Shall the City Commission adopt a policy establishing that concurrency credits be granted for retail spaces 2,500 sq. ft. or less, regardless of how long the last legal use of the retail space remained inactive? Item Summary/Recommendatlon: Under adopted concurrency management regulations, the amount of per-trip fee to be collected from all applicants for development, redevelopment, change in use, and use intensification projects in Miami Beach, can be reduced by applying a credit for the previous legal use of the space in question, but only when the last legal use has been inactive for a period not greater than 12 months. For the purposes of concurrency management, small businesses are defined as those having a land-use intensity and trip generation which do not exceed 100 trips per day. Certain businesses of 2,500 sq. ft. or less do exceed this maximum 1 OO-trip-per-day threshold. Based only on the financial impact, if the proposed Resolution had been adopted for the last two years (January 2000-December 2001), the most extreme impact to the concurrency mitigation fee collection would have been $19,756.21. Since this amount represents only 1.01% of the total fees collected, the Administration recommends approval of the Resolution, with the inclusion of the maximum l00-trip per day threshold requirement, and the credit not being available to newly-constructed spaces. Advisory Board Recommendation: The Land Use and Development Committee directed, by unanimous vote (3-0), that the Administration prepare a policy, for City Commission consideration, regarding the calculation of concurrency mitigation fees for small businesses, of 2,500 sq.ft. or less, to be able to receive a concurrency credit based on the last use of the space, regardless of the period of time the space has been inactive. Financial Information: Amount to be expended: N/A D Finance Dept. Source of Funds: DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.cLmiami-beach.f1.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \. A ~ City Manager 0 rJ/V-D Date: February 20, 2002 To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A RECOMMENDATION MADE BY THE LAND USE AND DEVELOPMENT COMMITTEE, AND ADOPTING A POLICY WHEREBY EXISTING VACANT RETAIL SPACES OF 2,500 SQUARE FEET OR LESS, SHALL RECEIVE A CONCURRENCY CREDIT, NOT TO EXCEED 100 TRIPS PER DAY, BASED ON THE LAST LEGAL USE OF THE SPACE, REGARDLESS OF THE AMOUNT OF TIME SAID SPACE HAS BEEN INACTIVE; THIS CREDIT NOT BEING AVAILABLE TO NEWLY CONSTRUCTED SPACES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City's Land Use and Development Committee, at its meeting of February 5,2002, expressed concern regarding the financial burden that has been imposed by the City's Concurrency Management System (CMS) on applicants wishing to open small businesses in Miami Beach. One concern expressed at the Committee meeting was commercial retail spaces that have been vacant for over twelve (12) months, thereby becoming unable to receive a concurrency credit for the last legal use of the space, according to adopted eMS rules. In a few cases, the concurrency mitigation fees required to be paid by a small business applicant becomes too costly for a small entrepreneur to handle, without such a credit applied. The Transportation Element of the Miami Beach Comprehensive Plan, adopted by the City Commission, includes a fee structure to be charged to each development, redevelopment, change in use, or use-intensification projects in Miami Beach, based on the traffic impact to be generated by each individual project. The fees collected through this process are set aside for the implementation of those transportation projects recommended by the adopted Miami Beach Municipal Mobility Plan, to improve the area traffic flow. In many cases, the amount of the per-trip fee to be collected is reduced by applying a credit for the last legal use ofthe retail space in question, when the previous legal use has been inactive for a period not greater than twelve (12) months. February 20, 2002 Commission Memorandum Policy Regarding Concurrency Credits Page 2 At the Land Use and Development Committee Meeting, above-mentioned, there was a unanimous (3-0) vote "directing the Administration to prepare a policy for Commission consideration, for existing structures of 2,500 sq. ft. or less to be able to receive a concurrency credit based on the last use of the property, regardless of the amount of time said use has been idle." A copy of the Minutes is attached. The intent expressed by the Land Use and Development Committee in proposing the policy adoption was to help "small businesses." Therefore the Administration recommends that the new policy be consistent with the concurrency management classification of a "small business. " In the City's Concurrency Management System, small businesses are defined as those having a land-use intensity and trip generation, which does not exceed 100 trips per day. Examples of such small businesses are Starbucks, Dairy Queen, and Charlie's Roast Beef, each operating within a 2,500 sq. ft. or less retail space, in the 1500 block of Alton Road. A traffic impact study is always required from prospective businesses that exceed the 100- trip per day threshold. Examples of such traffic-intensive businesses containing 2,500 sq. ft. or less, are high turn-over andlor take-out restaurants, drinking places, and convenience stores (such as 7 -Eleven Stores). The traffic impact of such prospective businesses, of 2,500 sq. ft. or less, is even more significant when the business wishes to locate at or near roads already known to be operating below the Comprehensive Plan- adopted Level-of-Service (LOS) D. Examples of such roadways and corridors are 41st Street, Ocean Drive, 15th Street, and 16th Street; and sections of71st Street, Indian Creek Drive, 63rd Street, Collins Avenue, and Washington Avenue. It is not possible to predict the long-term consequences of moving forward with this proposed policy, without having the benefit of an Annual Concurrency Report, which should be completed by April 2002. However, it is known that a significant decrease in the amount of available capacity for public services and facilities, would eventually cause the infrastructure to operate below the Comprehensive Plan-adopted (LOS) standards for those services and facilities. This would have a detrimental effect on future development, redevelopment, change in use, and use intensification projects in Miami Beach. The Administration analyzed the financial impact this proposed resolution would have on the total amount of concurrency fees collected in a two-year period, from January 2000 through December 2001. The analysis showed that, of 100 total applicants that paid concurrency mitigation fees, only five (5) would have received credit for the last legal use of the space, if this proposed resolution had been in place. February 20, 2002 Commission Memorandum Policy Regarding Concurrency Credits Page 3 The five (5) applicants operating in spaces 2,500 sq.ft. or less, which did not receive capacity credit during the previous two-year period were: Name Panfiore Restaurant Wine & Cigar Groceries Pedro Pan Enterprise Cafe Rosso Mel Schmitt Realty Address 1627 Alton Road 214 Espanola Way 1410 Meridian Avenue 211 61h Street 437 4151 Street Square Feet 870 sq. ft. 1 ,157 sq. ft. 2,400 sq. ft. 700 sq. ft. 500 sq. ft. Amount Paid $7,025.35 2,701.44 5,924.31 1 ,896.00 2.209.11 $19,756.21 Assuming worst case, that the last legal use was exactly the same as the new use and that the five businesses paid us a concurrency mitigation fee, the $1,949,576.93 collected for the previous two-year period would have been reduced by $19,756.21. Statistically, these businesses represent only 5% of the total number of applicants and less that 1.01 % of the total fees collected within the last two calendar years. The Administration recommends approval of the Resolution, with inclusion of the 100-trip- per-day threshold requirement, and the stipulation that the concurrency credit will not be available to newly constructed spaces. JGlRMI~/AJ Attachment F:\WORK\$TRA\AMELIA\TCMDIV\CMSPolicy.memo.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WNW.ci.miami-beach.f1.us m COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: February 20, 2002 From: Jorge M. Gonzalez City Manager Subject: REPORT OF THE LAND USE AND DEVELOPMENT COMMITTEE MEETING HELD ON TUESDAY, FEBRUARY 5, 2002 The Land Use and Development Committee meeting was called to order at 2:10 p.m. In attendance were Chairperson, Commissioner Luis R. Garcia Jr., Commissioner Matti H. Bower and Commissioner Saul Gross, as well as members of the Administration and the general public. 1. DISCUSSION ON THE CONCURRENCY PROCEDURES. Motion to direct the Administration to adopt a policy for existing structures of 2,500 sq. ft. or less to be able to receive a concurrency credit based on the last use of the property regardless of the amount of time said use has been idle (vote 3-0). 2. REVIEW OF ORDINANCE DEALING WITH PROPOSED PROCEDURE FOR THE DEMOLITION OF SINGLE FAMILY HOMES. Motion to modify proposed ordinance by removing ex-officio member from the Single Family Review Board, add a newspaper notice requirement when an application is reviewed by the Board, and for the ordinance to be reviewed by the Design Review and Historic Preservation Boards prior to the Planning Board's public hearing (vote 3-0). 3. DISCUSSION ON USE OF MR. RICHARD SHINDLER'S PROPERTY (715-82ND STREET) AS A REAL ESTATE MANAGEMENT OFFICE. Motion to refer to Planning Board an ordinance that establishes an administrative management office for multiple residential buildings as a conditional use in the RM-1, RM-2 and RM-3 multi-family districts. 4. REVIEW OF PROPOSED ORDINANCE AMENDING DESIGN REVIEW BOARD VOTING REQUIREMENTS. Motion to reject the proposed ordinance that modifies the voting requirements of the Design Review Board and instead refer to the Planning Board an ordinance that changes the voting requirement for City Commission appOintments from 517ths to 4l7ths. In addition, refer to the Planning Board an ordinance that changes the membership of the Board of Adjustment in order to have a total of seven voting members. JMG\CMCUGG\rar T:\AGENDA\2002\FEB2002\CONSENT\Land Use Committee February Meeting.doc