2017-29986 ResolutionRESOLUTION NO. 2017 -29986
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 SEPTEMBER 14, 2017 AND SEPTEMBER 30, 2019 FROM
THE CONCURRENCY REQUIREMENTS OF CHAPTER 122 OF THE
CITY CODE.
WHEREAS, Chapter 122 of the City Code establishes the City's regulations relating to
concurrency management; and
WHEREAS, City Code Section 122 -5 creates exemptions from the City's concurrency
requirements for certain developments and uses, including "[ t]emporary uses in public rights -of-
way, as determined by the [C]ity [C]ommission by resolution "; 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, sidewalk cafes are temporary uses permitted and located in public rights -of-
way; and
WHEREAS, therefore, and pursuant to City Code Section 122 -5(9), the City Commission
may, by Resolution, exempt sidewalk cafes from the concurrency requirements of the City
Code; and
WHEREAS, in order to incentivize restaurants in North Beach to open sidewalk cafes,
the Mayor and City Commission desire to exempt sidewalk cafes located north of 63rd Street
with an application date between September 14, 2017 and September 30, 2019 from the
concurrency requirements of Chapter 122 of the City Code.
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 September 14, 2017 and September 30, 2019
are hereby exempt from the concurrency requirements of Chapter 122 of the City Code.
PASSED AND ADOPTED this c9. day of bo/ er 2017.
ATTEST:
Rafael Granado
City Clerk °• CO3\?
APPROVED AS TO
FORM & LANGUAGE
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City Attorney
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BEACH
Resolutions - C7 L
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
SUBJECT 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 SEPTEMBER 14, 2017
AND SEPTEMBER 30, 2019 FROM THE CONCURRENCY REQUIREMENTS OF
CHAPTER 122 OF THE CITY CODE.
RECOMMENDATION
Approve a resolution authorizing sidewalk cafes located north of 63rd Street with an application date
between September 14, 2017 and September 30, 2019 to be exempt from the concurrency
requirements Chapter 122 of the City Code.
ANALYSIS
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.
Currently, Section 122 -5 of the Land Development Regulations of the City Code contains ten
specific exemptions from obtaining a preliminary concurrency determination or a final concurrency
reservation certificate. The ninth exemption is as follows:
(9) Temporary uses in public rights- of-way, as determined by the city commission by
resolution, specifying geographic areas, criteria, and duration of exemption, where such
uses front on or are north of 63rd Street, on Washington Avenue from 6th Street to Lincoln
Road, or in the Collins Park Arts District Overlay as defined in section 142 -854.
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.
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
Page 486 of 2353
petty crime and provides a more walkable area that promotes destination dining and shopping.
CONCLUSION
The Administration recommends that the City Commission approve the attached Resolution
exempting Sidewalk Cafes located north of 63rd Street with an application date between September
14, 2017 and September 30, 2019 from the concurrency requirements of Chapter 122 of the City
Code.
KEY INTENDED OUTCOMES SUPPORTED
Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
Legislative Tracking
Planning
ATTACHMENTS:
Description
D RESOLUTION
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