2016-29331 Reso RESOLUTION NO. 2016-29331
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING
SIDEWALK CAFES AND PARKLETS LOCATED ON
WASHINGTON AVENUE BETWEEN 6TH STREET AND
LINCOLN ROAD FROM THE TRANSPORTATION
CONCURRENCY REQUIREMENTS OF CHAPTER 122 OF THE
CITY CODE, FOR THE PERIOD BEGINNING ON MARCH 19,
2016 AND ENDING ON MARCH 31, 2017.
WHEREAS, the City of Miami Beach ("City") Land Development Regulations, at Chapter
122, establish the City's procedure for concurrency management; and
WHEREAS, Section 122-5 of the City Code creates exemptions from the City's
concurrency requirements for certain developments and uses; and.
WHEREAS, such exempt developments and uses are not required to obtain a
preliminary concurrency determination or a final concurrency reservation certificate from the
City; and
WHEREAS, on March 9, 2016, the City Commission adopted an Ordinance that
modifies the list of exemptions from concurrency to include temporary uses in public rights-of-
way located on Washington Avenue between 6th Street and Lincoln Road, as determined by the
City Commission by resolution, specifying the geographic areas,' criteria, and duration of the
exemption; and
WHEREAS, a parklet is a small "park," plaza, or creative public space that is physically
installed in an on-street parking space; and
WHEREAS, parklets are temporary uses permitted and located in public rights-of-way;
and
WHEREAS, pursuant to the recommendations of the Mayor's Blue Ribbon Panel for
Washington Avenue, the Mayor and City Commission seek to encourage the establishment of
parklets along Washington Avenue in order to stimulate economic development and further
activate the Washington Avenue corridor; and
WHEREAS, on December 9, 2015, the Mayor and City Commission approved the
creation of the Washington Avenue Pilot Parklet Program, in order to allow businesses located
along Washington Avenue to install parklets for sidewalk cafe use in public rights-of-way on a
temporary basis, subject to certain requirements and criteria; and
WHEREAS, on March 9, 2016, and following a discussion on whether to exempt
parklets from the City's transportation concurrency requirements, the Mayor and City
Commission voted to exempt both parklets and sidewalk cafes along Washington Avenue
between 6th Street and Lincoln Road; and
•
WHEREAS, the exemption authorized herein will encourage businesses to introduce
parklets and sidewalk cafes along Washington Avenue; and
WHEREAS, this exemption from the City's concurrency requirements would 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 parklets and sidewalk cafes
located on Washington Avenue between 6th Street and Lincoln Road are hereby exempt from
the transportation concurrency requirements of Chapter 122 of the City Code, for the period
beginning on March 19, 2016 and ending on March 31, 2017.
PASSED AND ADOPTED this P day of/7trCk 2016.
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of t e City Co kssion
FROM: Jimmy L. Morales, City Manager - �
DATE: March 9, 2016
SUBJECT: A RESOLUTION EXEMPTING PAR ETS LOCATED ON WASHINGTON
AVENUE BETWEEN 6TH STREET AND LINCOLN ROAD FROM
CONCURRENCY REQUIREMENTS.
ADMINISTRATION RECOMMENDATION
Approve a Resolution authorizing Parklets located on Washington Avenue between 6th
Street and Lincoln Road with an application date between March 19, 2016 and March
31, 2017 to be exempt from the concurrency requirements Chapter 122 of the City Code.
BACKGROUND
On April 29, 2015, the Washington Avenue Blue Ribbon Panel presented its final report
and recommendations to the Mayor and City Commission. Following the presentation,
the Mayor and City Commission held a discussion regarding the potential expansion of
sidewalk cafés into the existing parking lane to create an opportunity for outdoor cafés in
"parklets." The Mayor and City Commission directed staff to establish a program and
guidelines for the design and approval of parklets on a temporary basis.
At the December 9, 2015 City Commission meeting, the Mayor and City Commission
approved a Washington Avenue Pilot Parklet Program, to be administered by the Public
Works Department. In addition, the City Commission directed the Administration to
prepare the necessary ordinances to waive concurrency and sidewalk café fees for the
Washington Avenue Pilot Parklet Program.
Prior to approving the attached resolution, the City Commission must adopt 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 that are located on
Washington Avenue between 6th Street and Lincoln Road. If adopted ordinance would
require that a resolution of the City Commission specifying geographic areas, criteria,
and duration of exemption be adopted in order for the exemption to take effect.
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.
Agenda Item R-1
Date 3-?-IL
Commission Memorandum
Resolution—Washington Avenue Parklets Concurrency Exemption
March 9, 2016 Page 2 of 2
ANALYSIS
The primary use that is likely to be located on a parklet is a sidewalk café. Sidewalk
café permits are temporary uses in the public rights-of way, which are renewed annually
through the Public Works Department. Presently, the concurrency fee is $454.61 per
seat in the South Beach Transportation Concurrency Management Area, plus an
administration fee, which ranges from $275 to $510. For a small business, this can be a
substantial investment.
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.
SUMMARY/ UPDATE
Attached
CONCLUSION
The Administration recommends that the City Commission approve the attached
Resolution, exempting uses on parklets located on Washington Avenue between 6th
Street and Lincoln Road with an application date between March 19, 2016 and March
31, 2017 from the concurrency requirements of Chapter 122 of the City Code.
JLM/SMT/TRM/RAM
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