Ordinance 2022-4482 Mobility Fee Waiver for Restaurants and Sidewalk Cafes
ORDINANCE NO.' 2022-4482
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH BY AMENDING CHAPTER 122 OF THE LAND DEVELOPMENT
REGULATIONS, ENTITLED "CONCURRENCY MANAGEMENT AND
MOBILITY FEES," ARTICLE I, ENTITLED "PURPOSE AND GENERAL
PROVISIONS," AT SECTION 122-2, ENTITLED "DEFINITIONS"; ARTICLE II,
ENTITLED "CONCURRENCY," AT SECTION 122-12, ENTITLED
"DETERMINATION OF CONCURRENCY," AND ARTICLE III, ENTITLED
"MOBILITY FEES," AT SECTION 122-23, ENTITLED "IMPOSITION AND
COLLECTION OF MOBILITY FEES," TO PROVIDE FOR A MOBILITY FEE
CREDIT AND CAPACITY CREDIT FOR RESTAURANT AND SIDEWALK CAFE
USES THAT HAVE REDUCED THE TOTAL NUMBER OF SEATS
SUBSEQUENT TO THE INITIAL MOBILITY FEE AND/OR CONCURRENCY
DETERMINATION FOR THE USE, AND PROVIDE FOR RELATED
CLARIFICATIONS; AND PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, due to the economic impacts of the COVID-19 pandemic, several restaurants
in Miami Beach scaled back their business operations by reducing seat counts; and
WHEREAS, as the worst impacts of the pandemic subside, restaurants are increasing
their total number of seats to match their original approvals; and
WHEREAS, the City desires to encourage investment in restaurants and promote
economic recovery; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 122 of the City Code, entitled "Concurrency Management and Mobility
Fees,"Article I, entitled"Purpose and General Provisions,"at Section 122-2, entitled "Definitions,"
is hereby amended as follows:
CHAPTER 122
CONCURRENCY MANAGEMENT AND MOBILITY FEES
ARTICLE I. PURPOSE AND GENERAL PROVISIONS
Page 1 of 4
Sec. 122-2. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Active use means a use for which a business tax receipt, certificate of occupancy, or
certificate of use has been issued. This term"active use" shall not include a use that is authorized
pursuant to a special event permit.
* * *
Capacity credit means a credit for certain existing or demolished improvements toward
concurrency requirements for future development.
* * *
Legally established use means the following, for purposes of calculating capacity credits
under article II of this chapter, and for purposes of calculating mobility fees under article Ill of this
chapter:
(1) For existing structures that have an active use, the current use shall be used as the
basis for calculating capacity credits or mobility fees.
(2) For vacant structures or structures undergoing construction, the most recent active use
shall be used as the basis for calculating capacity credits or mobility fees.
(3) For vacant land, the most recent active use, within the preceding ten years, shall be
used as the basis for calculating capacity credits or mobility fees.
(4) For restaurant and sidewalk café uses that previously reduced the total number of
seats, subsequent to the initial mobility fee and/or concurrency determination for the
use, the greatest number of legally established seats during the two (2) years prior to
a re-introduction of seats shall be used as the basis for calculating capacity credits or
mobility fees, provided no intervening change of use or change of ownership has
occurred.
SECTION 2. Chapter 122 of the City Code, entitled "Concurrency Management and Mobility
Fees," Article II, entitled "Concurrency," at Section 122-12, entitled "Determination of
concurrency," is hereby amended as follows:
ARTICLE II. CONCURRENCY
* * *
Sec. 122-12. Determination of concurrency.
(a) As part of an application for a development order that increases the density or intensity of a
site, as applicable, each applicable review department shall make a determination of
Page 2 of 4
concurrency in accordance with section 122-26 as to whether required public facilities are or
will be available when needed to serve the proposed development; determine the effective
period during which such facilities will be available to serve the proposed development; and
issue an invoice for necessary concurrency mitigation fees or identify other mitigation
measures.
(b) Capacity credits shall be given for a legally established use as follows: as defined in section
122-2.
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basis for calculating capacity credits.
(2) For vacant structures or structures undergoing construction, the last active use shall be
used as the basis for calculating capacity credits.
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credits, provided the activity has not bccn inactive for more than ten years.
SECTION 3. Chapter 122 of the City Code, entitled "Concurrency Management and Mobility
Fees," Article III, entitled "Mobility Fees," at Section 122-23, entitled "Imposition and collection of
mobility fees," is hereby amended as follows:
ARTICLE III. MOBILITY FEES
* * *
Sec. 122-23. Imposition and collection of mobility fees.
(a) Mobility fees shall be assessed upon the issuance of a building permit or change of use for
any development within the city. Mobility fees shall be calculated in the manner set forth in
section 122-26 hereof and the mobility fee study referenced in section 122-22.
(1) Mobility fees assessed in connection with the issuance of a development order shall be
collected and paid prior to or concurrent with the issuance of the building permit.
(2) Mobility fees assessed in connection with a change of use shall be collected and paid
prior to issuance of the certificate of use, business tax receipt, or other similar approval.
The mobility fee shall be computed at the difference between the rate established in the
mobility fee schedule for the proposed use and the rate established in the mobility fee
schedule for the current legally established use as defined in section 122-2.
(b) Modifications to an existing use and changes of use which do not result in a higher
assessment under the mobility fee schedule shall be exempted from payment of the mobility
fee.
(c) The city shall also require a site-specific multimodal transportation analysis and mitigation
plan pursuant to the applicable land use board application requirements set forth in chapter
118.
Page 3 of 4
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" maybe changed to "section" or other appropriate word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this & day of April , 2022.
ATTEST:
APR 1 2 2022 Dan Gelber, Mayor
2Y
Raf el E. Granado, City Clerk APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
First Reading: March 9, 2022
Second Readin April , 20
City Attorney Qv_ Date
Verified By: _\ n!�8� '',,
Thomas R. Mooney, ICP
Planning Director
UN ORI DRAT D.?
T:Wgenda\2022\3_March 2022\Planning\Mobility Fee Waiver Sidewalk Cafes-First Reading ORD.docx
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Ordinances-R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 6, 2022
2:00 p.m. Second Reading Public Hearing
SUBJECT: MOBILITY FEE WAIVER FOR RESTAURANTS AND SIDEWALK CAFES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH BY AMENDING CHAPTER 122 OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY
MANAGEMENT AND MOBILITY FEES," ARTICLE I, ENTITLED "PURPOSE
AND GENERAL PROVISIONS," AT SECTION 122-2, ENTITLED
"DEFINITIONS"; ARTICLE II, ENTITLED "CONCURRENCY," AT SECTION
122-12, ENTITLED "DETERMINATION OF CONCURRENCY,"AND ARTICLE
ILL, ENTITLED "MOBILITY FEES," AT SECTION 122-23, ENTITLED
"IMPOSITION AND COLLECTION OF MOBILITY FEES," TO PROVIDE
FOR A MOBILITY FEE CREDIT AND CAPACITY CREDIT FOR
RESTAURANT AND SIDEWALK CAFE USES THAT HAVE REDUCED THE
TOTAL NUMBER OF SEATS SUBSEQUENT TO THE INITIAL MOBILITY
FEE AND/OR CONCURRENCY DETERMINATION FOR THE USE, AND
PROVIDE FOR RELATED CLARIFICATIONS; AND PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On January 20, 2022, at the request of Commissioner Ricky Arriola, the City Commission
referred the proposed Ordinance to the Planning Board for review and recommendation (item
C4 AF).
ANALYSIS
PLANNING ANALYSIS
As a result of the Covid-19 pandemic, tourism and dining-out were greatly reduced, leading to
significant losses of business for many of the restaurants within the City. To reduce expenses,
many restaurants reduced their sidewalk café seating. Now that tourism and dining-out have
returned to pre-pandemic levels, many of those,restaurants are seeking to re-introduce the
seating that had previously been removed.
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Under the current code requirements for Mobility Fees, credit is only given for the use approved
immediately prior to the request to increase. As a result of this, restaurants must pay a Mobility
Fee to reintroduce seats that would have been permitted less than two years. The Mobility Fee
for restaurants and sidewalk cafes is currently$903.91 per seat. This results in an unfair burden
to restaurants that were struggling to survive a global economic downturn.
In such a situation, the reintroduction of seats does not create a transportation impact that is
beyond what was previously considered and mitigated against. To this end, the proposed
Ordinance would provide credit for the highest number of legally established seats that existed
in the two-years prior to the re-introduction of the seats. This additional credit is only provided if
there was no intervening change of use or ownership. As a result, such restaurants would not be
unfairly penalized with a mobility fee that likely was already paid in years prior.
The Ordinance also provides related clarifications so that it is clear that existing credits apply for
both concurrency mitigation and mobility fees and defining what is considered an active use.
PLANNING BOARD REVIEW
On February 22, 2022 the Planning Board held a public hearing and transmitted the Ordinance
to the City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
On March 9, 2022 the City Commission approved the subject Ordinance at First Reading, with
no changes, inclusive of the waiver of the applicable fees in section 118-7 and Appendix A.
SUPPORTING SURVEY DATA
Improve and Enhance Sidewalk Cafes
FINANCIAL INFORMATION
Although there will be a reduction in the fees previously required, there is no net loss of revenue
as the same fees were paid previously for the same seats.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
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ATTACHMENTS:
Description
❑ Ordinance
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