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2003-3424 OrdinanceORDINANCE NO. 2003-3424 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 122 OF THE MIAMI BEACH CITY CODE, ENTITLED "CONCURRENCY MANAGEMENT," BY AMENDING SECTION 122-8(d) THEREIN, TO ALLOW FOR THE ADOPTION OF PROGRAMS OR POLICIES ALLOWING EXEMPTIONS FROM TRANSPORTATION CONCURRENCY REQUIREMENTS FOR SMALL BUSINESSES WHICH IMPACTS TO THE EXISTING ROADWAY LEVEL OF SERVICE HAVE BEEN DETERMINED TO BE MINOR; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, in accordance with State law, the City Commission previously adopted a concurrency management system to ensure that public facilities necessary to serve new growth and development shall be available when needed; and WHEREAS, based on problems identified with small businesses trying to open in the City within existing structures, and the significant cost of complying with City's concurrency requirements for transportation, the Administration, Planning Board, and Ad Hoc Citizens Concurrency Advisory Committee all recommend that the City Commission adopt programs and policies to allow small businesses whose trip generation and site demand have been determined to be minor to the existing roadway level-of-service (LOS) either be exempt from concurrency, or to satisfy concurrency requirements by mitigation payment based on a sliding scale, and to allow the City Commission to have the authority to adopt such other policy modification and programs as may be appropriate to the situation; and WHEREAS, the Administration has determined, after consultation with the Florida Department of Community Affairs (DCA), that such program and policy modifications would be compatible with state law, and would not be detrimental to the ongoing implementation of Miami Beach Municipal Mobility Plan (MMP), provided that the MMP mitigation project funding is not reduced or diminished by the adoption of said program or policy and the City's adopted roadway LOS of "D" is maintained. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION ONE: That Chapter 122, entitled "Concurrency Management," Section 122- 8(d), of the Miami Beach City Code is hereby amended as follows: Sec. 122-8. Determination of concurrency. (a) Within 30 days after a determination of completeness, the Concurrency Management Division shall make a determination in accordance with section 122-6 as to whether required public facilities are or will be available when needed to serve the proposed development and determine the effective period during which such facilities will be available to serve the proposed development according to the development schedule in the application for preliminary concurrency determination. (b) Capacity credits, in accordance with the methodology established in the City's Concurrency Management System Manual, shall be given for: (1) (2) Properties that have received a demolition permit one year or less prior to the adoption of this chapter, provided that a Certificate of Occupancy is granted within one year of the date of issuance of the demolition credit; and Properties with existing improvements that are proposed to be renovated or demolished. (c) Within five days after a determination of concurrency, the Concurrency Management Division shall notify the applicant of the determination. (d) In the event the determination is made that the required public facilities will not be available where needed to serve the proposed development within the applicable TAZ or the TCMA, an applicant for a preliminary concurrency determination may propose a mitigation program in order to avoid a negative determination of concurrency. The proposed mitigation program shall be based on the same methodology for determining concurrency, and the city Municipal Mobility Plan, and shall include a specific delineation of responsibilities for providing the required public facilities improvements, adequate methods for securing performance of the mitigation program, payment of mitigation monies and a proposed recapture program for the prevision of excess capacity, if applicable. Such mitigation program shall be reviewed and approved by the Concurrency Management Division, other appropriate departments of the City and other agencies having jurisdiction. The applicant shall enter into a mitigation agreement, committing to the mitigation program, with the Concurrency Management Division, which is hereby authorized to enter into such an agreement on behalf of the City, subject to the approval of the City Attorney's office. The Concurrency Management Division may grant up to 30 percent mitigation credit to individual projects with approved historic designation undergoing major rehabilitation. No credit will be granted to projects that have already been rehabilitated and are intensifying their existing land usage. The City Commission may adopt by resolution proqrams and policies allowing for transportation concurrency exemptions, a slidinq scale, and/or credits for small businesses operating within existing structures, which have been determined to have a minor impact to the existing roadway LOS. (e) If the Concurrency Management Division determines that the required public facilities are or will be available to serve the proposed development as provided in section 22-6, the Concurrency Management Division shall issue a preliminary concurrency determination impact certificate which shall be effective for a period of one year from the date of the issuance of the determination, unless otherwise specified on the face of the preliminary concurrency determination. An extension of this one year period may be granted by the Concurrency Management Division for an additional six months provided that an application for development approval is being diligently pursued through the City's development review process and provided that an extension is requested within the original one-year period. In the event the issuance of a preliminary concurrency determination is based on an approved mitigation program, such certificate shall be expressly conditioned upon compliance with such program. (f) In the event a preliminary concurrency determination impact certificate is issued, upon issuance of the final development order for which the preliminary concurrency determination is based, and upon payment of applicable mitigation fees as provided for in this Code, a final reservation certificate shall be issued and the available capacity for the respective TCMA and TAZ for the applicable public facilities will be reduced by the projected demand for the project until the reservation of the capacity expires or becomes permanent. Upon issuance of a certificate of occupancy for the project, the reservation of the capacity of the applicable public facilities becomes permanent. (g) A final concurrency reservation certificate will expire within one year of issuance unless a building permit is obtained. This one year period is a reservation of capacity which can be extended once for an additional year for good cause shown, provided that an .application to the Concurrency Management Division for an extension is made within the original one year period. (h) If the Concurrency Management Division determines that the required public facilities are not and will not be available to serve the proposed development and that an acceptable mitigation program has not been provided, the Concurrency Management Division shall issue a notice of negative determination of concurrency and identify service areas experiencing deficiency, and the improvements necessary to allow the issuance of a preliminary concurrency determination. If a notice of negative determination is rendered, no further review of the development order shall be conducted until an appeal is resolved in favor of the applicant or a new or modified application of a preliminary concurrency determination is filed and a determination of concurrency is made. (Ord. No. 2000-3242, § 2, 5-10-00) SECTION TWO: REPEALER All resolutions, ordinances, or other City legislation in conflict herewith be and the same are hereby repealed. SECTION THREE: CODIFICATION This Ordinance shall become and be made a part of the Code of the City of Miami Beach, as amended. The sections of this ordinance may be re-numbered or re-lettered to accomplish the intention of the Mayor and City Commission, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: SEVERABILITY If any section, sentence clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FIVE: EFFECTIVE DATE This Ordinance shall take effect ten (10) days following adoption. PASSEDON 2nd READING, thisthe 10th dayof September ,2003. ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXE~N F:\WOP, tGSTRA~H E N RY~Small Business,memo.doc CITY'OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending City Code Chapter 122, "Concurrency Management," to allow for the adoption of Iprograms or policies allowing exemptions from transportation concurrency requirements for small businesses whose impacts to the existing roadway level of service (LOS) have been determined to be minor; providing for repealer, codification, severability and an effective date. Issue: Shall the City amend the City Code to allow for a small business exemption from ba,~sportation I I concurrency requirements? Item Summary/Recommendation: As requested by the Land Use and Development Committee, the Administration and the Concurrency Ad Hoc Committee recommend that the City Commission consider adopting policies and programs which would allow small businesses (in existing buildings/structures), whose trip generation and site demand have been determined to be minor in nature, either to be exempted from concurrency, or to satisfy transportation concurrency requirements through mitigation fee payment, based on a diminishing sliding scale. Such exemption requires amendment to the City Code. Administration consultation with the Florida Department of Community Affairs (DCA) has determined that such exemptions are possible, as long as they do not contribute to deterioration of the adopted level of service (LOS "D"); or diminish the amount of funds needed to implement the Municipal Mobility Plan (MMP) projects. Such exemption, if adopted, would be retroactive to January 1,2003, for those businesses that qualify as small businesses. They would be reevaluated to determine if they are eligible for a full or partial refund of the traffic portion of the mitigation fee paid. In a typical year, there are an average of 72 applicants. To date, in calendar year 2003, 15 of the 79 applicants would qualify for the small business exemption. The reduction in concurrency mitigation fees collected from these 15 businesses would be $20,432.58 of the $1,574.765.40 collected during calendar i year 2003. The Administration recommends approval. Advisory Board Recommendation: Land Use and Development Committee met on April 21, 2003 and the Planning Board met on July 29, 2003. Both boards made a motion to accept the proposal for a small business exemption, retroactive to January 1, 2003, for those businesses that qualify as small businesses. Source of Funds: Finance Dept. :: Estimate of mitigation fees T~tal $20,432.58 collected from small businesses City Clerk's Office Legislative Tracking: I Henry Johnson Si n-Offs: AGENDA ITEM %~-..~- DATE q-/0-~75 CITY OF MIAMI BEACH CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Date: September 10, 2003 SECOND READING Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez City Manager AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 122 OF THE MIAMI BEACH CITY CODE, ENTITLED "CONCURRENCY MANAGEMENT," BY AMENDING SECTION 122-8(d) THEREIN, TO ALLOW FOR THE ADOPTION OF PROGRAMS OR POLICIES ALLOWING EXEMPTIONS FROM TRANSPORTATION CONCURRENCY REQUIREMENTS FOR SMALL BUSINESSES WHICH IMPACTS TO THE EXISTING ROADWAY LEVEL OF SERVICE HAVE BEEN DETERMINED TO BE MINOR; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance ANALYSIS Based on challenges faced by small businesses attempting to open in the City, within existing buildin.qs and structures, along with the cost of complying with the City's concurrency requirements for traffic circulation and roadway level of service (LOS), the Administration and the Ad Hoc Citizens Concurrency Advisory Committee recommend the following: That the City consider adopting policies and programs which would allow small businesses, whose trip generation and site demand have been determined to be minor in nature, either to be exempted from concurrency, or to satisfy transportation concurrency requirements through mitigation fee payment based on a diminishing sliding scale. In order to adopt such a program the City Commission must amend the current code to provide the enabling authority. The attached ordinance provides the necessary authority for the City Commission to adopt a later resolution (at the second reading of this ordinance) with specific program elements. In developing specific exemption program elements it was determined that the shift of concurrency mitigation fees from small businesses to larger development projects is not permitted by the Florida Department of Community Affairs (DCA). Issues involving changes to adopted concurrency management systems and/or levels of service require review and approval by DCA. September 10, 2003 Commission Memorandum Proposed Exemptions to Small Businesses Page 2 After consultation with DCA, the Administration has determined that the adoption of a small business exemption program would be compatible with state law; should not be detrimental to the ongoing implementation of the Miami Beach Municipal Mobility Plan (MMP), provided that the level of MMP mitigation project funding is not reduced or diminished by the adoption of said programs or policies; and the City-adopted LOS "D" for the Miami Beach Transportation Concurrency Management Areas (TCMAs) is maintained and not degraded. On April 21, 2003, the Land Use and Development Committee made a motion to accept the proposal for a small business exemption, retroactive to January 1, 2003, for those businesses that qualify as small businesses. Such businesses will be reevaluated to determine if they are eligible for a full or partial refund of the traffic mitigation portion of the fee. In a typical year, there is an average of 72 applicants. To date, in calendar year 2003, 15 of the 79 applicants would qualify for the small business exemption. The reduction in concurrency mitigation fees collected from these 15 businesses would be $20,432.58 of the $1,574.765.40 collected during calendar year 2003. The following items will comprise the program elements of the small business exemption that can be adopted by the City Commission at the second reading of the attached ordinance. RECOMMENDATION For the purpose of transportation concurrency requirements, small businesses in an existing building or structure shall be defined as any commercial business that generates less than 100 trips per day. Exempt the above-defined small businesses from the traffic concurrency mitigation fees only. State Statutes do not allow for exemptions as to potable water, sewer, solid waste, drainage, and parks/recreation concurrency requirements. For businesses generating between 100 and 150 tdps per day, concurrency fees will be assessed on a diminishing sliding scale. The fee will be calculated by multiplying the sliding scale percentage against the difference of the last legal use and the total trips generated from that land use. There will be no fee waiver beyond 150 trips per day. 4. Any business expanding beyond 150 trips per day will only receive credit for the last legal use of the property prior to small business exemption. Based on the foregoing analysis, the staff recommends that the City Commission consider approval of the amendment to the Concurrency Management System Ordinance on first reading. September 10, 2003 Commission Memorandum Proposed Exemptions to Small Businesses Page 3 On July 29, 2003 The Planning Board made a motion to accept the proposal for a small business exemption, retroactive to January 1, 2003, for those businesses that qualify as small businesses. F:\WORK~$TRA~ENRY~Small Business Memo & Ord5.doc CITY OF MIAMI 'BEACH '![!r NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 10, 2003, at the times listed below, to consider the following: at 10:50 a.m.: AN ORDINANCE AMENDING ORDINANCE NO. 1605 AS AMENDED, BEING THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; BY AMENDING THE TITLES OF THE CLASSIFICATIONS OF FIRST ASSISTANT CITY ATTORNEY TO ASSISTANT ATTORNEY (11); ABOLISHING THE TITLES OF THE CLASSIFICATIONS OF ASSISTANT CITY ATTORNEY I AND SENIOR ASSISTANT CITY AI-]'ORNEY; CORRECTING THE PUBLIC RECORD BY DELETING CERTAIN LINES; AND PROVIDING FOR REPEALER, SEVERASILITY, EFFECTIVE DATE, AND CODIFICATION. Inquiries may be directed to the Legal Department at (305) 673-7470. ~,~ at 11:00 a.m.: AN ORDINANCE AMENDING CHAPTER 122 OF THE MIAMI BEACH CITY CODE ENTITLED "CONCURRENCY MANAGEMENT,' BY AMENDING SECTION 122.8(D) THEREIN TO ALLOW FOR THE ADOPTION OF PROGRAMS OR POLICIES ALLOWING ' EXEMPTIONS FROM TRANSPORTATION CONCURRENCY REQUIREMENTS FOR SMALL BUSINESSES WHICH IMPACTS TO THE EXISTING ROADWAY LEVEL OF SERVICE HAVE BEEN DETERMINED TO BE MINOR; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. Inquiries may be directed to the Public Works Department at (305) 673,7080. at 11:30 a.m.: AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF MIAMI BEACH BY AMENDING DIVISION 2 THEREOF ENTITLED "PERMIT FEES," ANO BY AMENDING APPENDIX A ENTITLED "FEE SCHEDULE," BY AMENDING SECTIONS 14-61 THROUGH 14-70 ENTITLED "DIVISION 2. PERMIT FEES," PROVIDING FOR AN INCREASE IN PERMIT AND INSPECTION FEES FOR BUILOING, PLUMBING, ELECTRICAL AND MECHANICAL WORK AND FOR OTHER BUILDING DEPARTMENT ACTIVITIES; AND PROVIDING FOR ANNUAL INCREASES IN SUCH FEES BEGINNING IN FISCAL YEAR 2004-2005 BASED UPON THE CONSUMER PBIQE INDEX; PROVIDING FOR REPEALER, SEVERABIMTY, CODIFICATION AND AN EFFECTIVE DATE. Inquiries may be directed to the Finance Department at (305) 673-7466. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writino addressed to the City Commission, c/o the City Clerk, 1 TOO Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additiona] legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which reCOrd includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities or to request this publication in accessible format, or to request sign language intbrpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 (TRY) or (800) 955-8770 (VOICE). (Ad #0199)