2003-25337 ResoRESOLUTION NO. 2003-25337
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA ADOPTING A CONCURRENCY MANAGEMENT
PROGRAM AND POLICY EXEMPTING SMALL BUSINESSES OPERATING
WITHIN EXISTING STRUCTURES FROM TRANSPORTATION
CONCURRENCY MITIGATION FEES IF SUCH BUSINESSES GENERATE
LESS THAN 100 TRIPS PER DAY, ASSESSING FEES ON A DIMINISHING
SLIDING SCALE FOR SUCH BUSINESSES GENERATING BETWEEN 100
AND 150 TRIPS PER DAY, PROVIDING CREDIT FOR BUSINESSES
GENERATING MORE THAN 150 TRIPS PER DAY UNDER CERTAIN
CIRCUMSTANCES, AND PROVIDING THAT SAID PROGRAM AND POLICY
BE EFFECTIVE AS OF JANUARY 1, 2003.
WHEREAS, certain challenges are faced by small commercial businesses
attempting to open in the City within existing structures, including the cost of complying
with the City's concurrency requirements for traffic circulation and roadway level of
service (LOS); and
WHEREAS, the City is authorized, via the passage of the attached Ordinance and
the review and approval of the Department of Community Affairs, to adopt by resolution
programs and policies allowing for transportation concurrency exemptions, a sliding
scale, and/or credits for small businesses operating within existing structures; and
WHEREAS, such programs and policies may be adopted by the City, provided that
the level of funding for the Miami Beach Municipal Mobility Plan (MMP) mitigation
project is not reduced or diminished by the adoption of said programs or policies and
the City-adopted LOS "D" in the Miami Beach Transportation Concurrency Management
Areas (TCMA's) is maintained and not degraded; and
WHEREAS, in order to address the above stated concerns of small commercial
businesses, the following program and policy should be adopted by the City
Commission:
Small businesses operating within existing structures that generate less than 100
trips per day shall be exempt from the Transportation Concurrency Mitigation
Fees only. The Florida Statutes do not allow for exemptions as to potable water,
sewer, solid waste, drainage, and parks/recreation concurrency requirements.
Transportation Concurrency Mitigation Fees for small businesses operating
within existing structures that generate between 100 and 150 trips per day, 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
for businesses generating more than 150 trips per day.
3. Businesses operating within existing structures generating more than 150 trips
per day will only receive credit for the last legal use of the property; and
WHEREAS, the adoption of the above stated program and policy (a) will not reduce
or diminish the level of funding for the MMP mitigation project and (b) will have a minor
impact on the existing roadway LOS in that the City-adopted LOS "D" for the TCMA's
will be maintained and not degraded; and
WHEREAS, the Administration and the Ad Hoc Citizens Concurrency Advisory
Committee has recommended 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; and
WHEREAS, the program and policy stated herein should be effective as of
January 1, 2003.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the above stated
concurrency management program and policy exempting small businesses operating
within existing structures that generate leSs than 100 trips per day from Transportation
Concurrency Mitigation Fees, assessing fees on a diminishing sliding scale for small
businesses generating between 100 and 150 trips per day, and providing credit, under
certain circumstances, for businesses generating more than 150 trips per day, shall be
effective as of January 1,2003.
PASSED AND ADOPTED this 10th day of September ,2003.
ATTEST:
CITY CLERK
F:\WORK~$TIRA\HENRY~Reso for Exemption.doc
APPROVED AS TO
FORM & LANGUAC~
& FOR EXECUTION
CITY OF MIAMI BEACH ~1~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Adopting A
Concurrency Management Program And Policy Exempting Small Businesses Operating Within Existing
Structures From Transportation Concurrency Mitigation Fees If Such Businesses Generate Less Than 100
Trips Per Day, Assessing Fees On A Diminishing Sliding Scale For Such Businesses Generating Between
100 And 150 Trips Per Day, Providing Credit For Businesses Generating More Than 150 Trips Per Day
Under Certain Circumstances, And Providing That Said Program And Policy Be Effective As Of January 1,
2003.
Issue:
Shall the City adopt the Resolution to allow for a small business exemption from transportation 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 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 which was approved on First Reading and is scheduled
for Second Reading on September 10, 2003. After approval of the Amended Ordinance, a companion
resolution is required to adopt policies that would implement the exemption from the Transportation
Concurrency Mitigation Fees for certain commercial businesses. 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 and both made a motion to accept the proposal for a small business exemption, effective as January
1, 2003, for those businesses that qualify as small businesses.
Financial Information:
rands:
4
Finance Dept. ~t~i $20,432.58 Estimate of mitigation fees
collected from small businesses
City Clerk's Office Legislative Tracking:
I Henry Johnson
AGENDA ITEM ~ '~1~'
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: September 10, 2003
Members of the City Commission
Jorge M. Gonza~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA ADOPTING A CONCURRENCY MANAGEMENT
PROGRAM AND POLICY EXEMPTING SMALL BUSINESSES OPERATING
WITHIN EXISTING STRUCTURES FROM TRANSPORTATION
CONCURRENCY MITIGATION FEES IF SUCH BUSINESSES GENERATE
LESS THAN 100 TRIPS PER DAY, ASSESSING FEES ON A DIMINISHING
SLIDING SCALE FOR SUCH BUSINESSES GENERATING BETWEEN 100
AND 150 TRIPS PER DAY, PROVIDING CREDIT FOR BUSINESSES
GENERATING MORE THAN 150 TRIPS PER DAY UNDER CERTAIN
CIRCUMSTANCES, AND PROVIDING THAT SAID PROGRAM AND POLICY
BE EFFECTIVE AS OF JANUARY 1, 2003.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
Based on challenges faced by small businesses attempting to open in the City, within
existing buildings 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.
The recommended policy would provide a complete transportation concurrency fee
exemption for small businesses operating within existing structures generating less than
100 vehicle trips per day. Small businesses operating within existing structures that
generate between 100 and 150 vehicle trips per day would be eligible for an exemption that
reduces proportionately from 100% to 0%. Businesses that generate more than 150
vehicle trips per day will receive credit for the last use.
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). In addition, 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 review and approval by 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 transportation 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 reduction in these fees will be replaced by other sources secured by the City.
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.
After the approval of the enabling Ordinance that is also on the September 10, 2003
meeting agenda, a companion Resolution is required to adopt the program and policy that
would implement the exemption, diminishing sliding scale, and credit relative to the
Transportation Concurrency Mitigation Fees for commercial businesses.
RECOMMENDATION
After approval of the Ordinance, approve the companion Resolution.
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