2014-28696 Reso RESOLUTION NO. 2014-28696
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, EXEMPTING SIDEWALK CAFES LOCATED
NORTH OF 63RD STREET WITH AN APPLICATION DATE BETWEEN
OCTOBER 26, 2013 AND SEPTEMBER 30, 2015 FROM THE CONCURRENCY
REQUIREMENTS OF CHAPTER 122 OF THE CITY CODE.
WHEREAS, the City of Miami Beach Land Development regulations contains a chapter
for concurrency management, which provides for certain exemptions from concurrency; and
WHEREAS, the section for exemptions from concurrency lists the types of
developments that are not required to obtain a preliminary concurrency determination or a final
concurrency reservation certificate; and
WHEREAS, on July 23, 2014, the City Commission adopted an Ordinance that modifies
the list of exemptions from concurrency to include temporary uses in public rights-of-way as
determined by the City Commission by resolution, specifying geographic areas, criteria, and
duration of exemption; and
WHEREAS, Sidewalk Cafes are temporary uses permitted and located in public rights-
of-way; and
WHEREAS, on October 16, 2013, the City Commission approved ordinance 2013-3824,
which abates Sidewalk Cafe square footage fees from its effective date of October 26, 2013
through and including September 30, 2015; and
WHEREAS, the City Commission finds consistent with the allowable exemptions from
concurrency it is appropriate to waive concurrency fees for sidewalk cafes north of 63rd Street,
and that it is beneficial to have consistent applicability dates for the North Beach fee
exemptions; and
WHEREAS, this proposed resolution does 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 Sidewalk Cafes located north
of 63rd Street with an application date between October 26, 2013 and September 30, 2015 be
exempt from the concurrency requirements of Chapter 122 of the City Code.
PASSED AND A OPTED this -3o day of Jy 20
ATTEST:
Rafael Gp6nado, City berk �: ,. :`y ilip Levine
APPROVED AS TO FORM & NG...
ORATED'
City Attorney Dated
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MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members a C, C mis ion
FROM: Jimmy L. Morales, City Mana
DATE: July 30, 2014
SUBJECT: A RESOLUTION EXEMPTING SIDEWALK CAFES FROM CONCURRENCY
REQUIREMENTS IN THE NORTH BEACH AREA.
ADMINISTRATION RECOMMENDATION
Approve a Resolution authorizing Sidewalk Cafes located north of 63rd Street with an
application date between October 26, 2013 and September 30, 2015 to be exempt from
the concurrency requirements Chapter 122 of the City Code.
BACKGROUND
On July 23, 2014, the City Commission adopted 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 as an additional exemption from concurrency
requirements. The adopted ordinance requires a resolution of the City Commission
specifying geographic areas, criteria, and duration of exemption.
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.
In an effort to encourage economic development, the City Commission approved
Ordinance 2013-3824, on October 16, 2013, authorizing the abatement of Sidewalk Cafe
Square Footage Fees for businesses north of 63rd Street. The timeframe for such
abatement is from the applicability date of October 26, 2013 through and including
September 30, 2015. As this resolution is for similar purposes as the aforementioned
ordinance, it is suggested that the resolution be consistent and contain similar
geographic boundaries, criteria, and duration period.
ANALYSIS
Side walk cafe permits are temporary uses in the public rights-of way, which are
renewed annually through the Public Works Department. Presently, the concurrency fee
is $415.15 per seat in the North Beach Transportation Concurrency Management Area,
plus administration fees, which are typically $275 to $400. For a small business, this
can be a substantial investment. - - -
Agenda Item c 7A
Date 7-30-1
Commission Memorandum
Resolution—North Beach Concurrency Exemption
July 30, 2014 Page 2 of 2
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.
CONCLUSION
The Administration recommends that the Cit y Commission approve the atatched
Resolution exempting Sidwalk Cafes located north of 63rd Street with an application date
between October 26, 2013 and September 15, 2015 from the concurrency requirements
of Chapter 122 of the City Code.
JL J RM/MCS/RAM
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