2002-24766 Reso
RESOLUTION NO. 2002-24766
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A RECOMMENDATION MADE BY THE
LAND USE AND DEVELOPMENT COMMITTEE, AND ADOPTING A POLICY
WHEREBY EXISTING VACANT RETAIL SPACES OF 2,500 SQUARE FEET OR
LESS, SHALL RECEIVE A CONCURRENCY CREDIT, NOT TO EXCEED 100
TRIPS PER DAY, BASED ON THE LAST LEGAL USE OF THE SPACE,
REGARDLESS OF THE AMOUNT OF TIME SAID SPACE HAS BEEN INACTIVE;
THIS CREDIT NOT BEING AVAILABLE TO NEWLY CONSTRUCTED SPACES.
WHEREAS, at its meeting of February 5, 2002, the City Land Use and Development
Committee expressed concern regarding the burden that has been imposed by the City's
Concurrency Management System (CMS) on applicants wishing to open small businesses
in Miami Beach; and
WHEREAS, certain retail spaces have been vacant for over one year, thereby
becoming unable to receive a concurrency credit for the last legal use of the property,
according to CMS rules; and
WHEREAS, in some cases, the concurrency mitigation fees required from small
business applicants become too costly for a small entrepreneur to handle without a credit
for the last legal use, thereby discouraging small businesses to open in Miami Beach; and
WHEREAS, the Land Use and Development Committee unanimously voted (3-0) to
direct the Administration to prepare a policy, for Commission consideration, regarding the
calculation of concurrency mitigation fees for small businesses in the 2,500 square feet or
less category; and
WHEREAS, for the purposes of concurrency, small businesses are defined as those
having a land-use intensity and trip generation which do not exceed 100 trips per day; and
WHEREAS, certain businesses, of 2,500 sq. ft. or less, do exceed the maximum 100-
trip-per-day threshold, above mentioned.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept
the recommendation of the Land Use and Development Committee, and hereby adopt a
policy whereby existing vacant retail spaces of 2,500 square feet or less, shall receive a
concurrency credit not to exceed 100 trips per day, based on the last legal use of the
space, regardless of the period of time said space has been inactive; this credit not being
available to newly constructed spaces.
PASSED AND APPROVED this the 20th day of
February
, 2002.
ArrEST:
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CITY CLERK
Approved as to form and language,
and for execution:
I A orney PI-
Date: 1- - \ l{ -- o'Y-
\\CH2\VOL 1\WORK\$TRA\AMELIA\TCMDIV\CMSPolicy.memo.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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~
Condensed Title:
A RESOLUTION ADOPTING A POLICY WHEREBY EXISTING VACANT RETAIL SPACES OF 2,500 sa.
FT. OR LESS, SHALL RECEIVE A CONCURRENCY CREDIT, NOT TO EXCEED 100 TRIPS PER DAY,
BASED ON THE LAST LEGAL USE OF THE SPACE, REGARDLESS OF THE AMOUNT OF TIME SAID
SPACE HAS BEEN INACTIVE; SAID CREDIT NOT BEING AVAILABLE TO NEWLY CONSTRUCTED
SPACES.
Issue:
Shall the City Commission adopt a policy establishing that concurrency credits be granted for retail spaces
2,500 sq. ft. or less, regardless of how long the last legal use of the retail space remained inactive?
Item Summary/Recommendatlon:
Under adopted concurrency management regulations, the amount of per-trip fee to be collected from all
applicants for development, redevelopment, change in use, and use intensification projects in Miami
Beach, can be reduced by applying a credit for the previous legal use of the space in question, but only
when the last legal use has been inactive for a period not greater than 12 months.
For the purposes of concurrency management, small businesses are defined as those having a land-use
intensity and trip generation which do not exceed 100 trips per day. Certain businesses of 2,500 sq. ft. or
less do exceed this maximum 1 OO-trip-per-day threshold.
Based only on the financial impact, if the proposed Resolution had been adopted for the last two years
(January 2000-December 2001), the most extreme impact to the concurrency mitigation fee collection
would have been $19,756.21. Since this amount represents only 1.01% of the total fees collected, the
Administration recommends approval of the Resolution, with the inclusion of the maximum l00-trip per day
threshold requirement, and the credit not being available to newly-constructed spaces.
Advisory Board Recommendation:
The Land Use and Development Committee directed, by unanimous vote (3-0), that the Administration
prepare a policy, for City Commission consideration, regarding the calculation of concurrency mitigation
fees for small businesses, of 2,500 sq.ft. or less, to be able to receive a concurrency credit based on the
last use of the space, regardless of the period of time the space has been inactive.
Financial Information:
Amount to be expended: N/A
D
Finance Dept.
Source of
Funds:
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cLmiami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \. A ~
City Manager 0 rJ/V-D
Date: February 20, 2002
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING A RECOMMENDATION MADE
BY THE LAND USE AND DEVELOPMENT COMMITTEE, AND ADOPTING
A POLICY WHEREBY EXISTING VACANT RETAIL SPACES OF 2,500
SQUARE FEET OR LESS, SHALL RECEIVE A CONCURRENCY CREDIT,
NOT TO EXCEED 100 TRIPS PER DAY, BASED ON THE LAST LEGAL
USE OF THE SPACE, REGARDLESS OF THE AMOUNT OF TIME SAID
SPACE HAS BEEN INACTIVE; THIS CREDIT NOT BEING AVAILABLE TO
NEWLY CONSTRUCTED SPACES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City's Land Use and Development Committee, at its meeting of February 5,2002,
expressed concern regarding the financial burden that has been imposed by the City's
Concurrency Management System (CMS) on applicants wishing to open small businesses
in Miami Beach. One concern expressed at the Committee meeting was commercial retail
spaces that have been vacant for over twelve (12) months, thereby becoming unable to
receive a concurrency credit for the last legal use of the space, according to adopted eMS
rules. In a few cases, the concurrency mitigation fees required to be paid by a small
business applicant becomes too costly for a small entrepreneur to handle, without such a
credit applied.
The Transportation Element of the Miami Beach Comprehensive Plan, adopted by the City
Commission, includes a fee structure to be charged to each development, redevelopment,
change in use, or use-intensification projects in Miami Beach, based on the traffic impact to
be generated by each individual project. The fees collected through this process are set
aside for the implementation of those transportation projects recommended by the adopted
Miami Beach Municipal Mobility Plan, to improve the area traffic flow. In many cases, the
amount of the per-trip fee to be collected is reduced by applying a credit for the last legal
use ofthe retail space in question, when the previous legal use has been inactive for a
period not greater than twelve (12) months.
February 20, 2002
Commission Memorandum
Policy Regarding Concurrency Credits
Page 2
At the Land Use and Development Committee Meeting, above-mentioned, there was a
unanimous (3-0) vote "directing the Administration to prepare a policy for Commission
consideration, for existing structures of 2,500 sq. ft. or less to be able to receive a
concurrency credit based on the last use of the property, regardless of the amount of time
said use has been idle." A copy of the Minutes is attached.
The intent expressed by the Land Use and Development Committee in proposing the policy
adoption was to help "small businesses." Therefore the Administration recommends that
the new policy be consistent with the concurrency management classification of a "small
business. "
In the City's Concurrency Management System, small businesses are defined as those
having a land-use intensity and trip generation, which does not exceed 100 trips per
day. Examples of such small businesses are Starbucks, Dairy Queen, and Charlie's Roast
Beef, each operating within a 2,500 sq. ft. or less retail space, in the 1500 block of Alton
Road.
A traffic impact study is always required from prospective businesses that exceed the 100-
trip per day threshold. Examples of such traffic-intensive businesses containing 2,500
sq. ft. or less, are high turn-over andlor take-out restaurants, drinking places, and
convenience stores (such as 7 -Eleven Stores). The traffic impact of such prospective
businesses, of 2,500 sq. ft. or less, is even more significant when the business wishes to
locate at or near roads already known to be operating below the Comprehensive Plan-
adopted Level-of-Service (LOS) D. Examples of such roadways and corridors are 41st
Street, Ocean Drive, 15th Street, and 16th Street; and sections of71st Street, Indian Creek
Drive, 63rd Street, Collins Avenue, and Washington Avenue.
It is not possible to predict the long-term consequences of moving forward with this
proposed policy, without having the benefit of an Annual Concurrency Report, which
should be completed by April 2002. However, it is known that a significant decrease in the
amount of available capacity for public services and facilities, would eventually cause the
infrastructure to operate below the Comprehensive Plan-adopted (LOS) standards for
those services and facilities. This would have a detrimental effect on future development,
redevelopment, change in use, and use intensification projects in Miami Beach.
The Administration analyzed the financial impact this proposed resolution would have on
the total amount of concurrency fees collected in a two-year period, from January 2000
through December 2001. The analysis showed that, of 100 total applicants that paid
concurrency mitigation fees, only five (5) would have received credit for the last legal use of
the space, if this proposed resolution had been in place.
February 20, 2002
Commission Memorandum
Policy Regarding Concurrency Credits
Page 3
The five (5) applicants operating in spaces 2,500 sq.ft. or less, which did not receive
capacity credit during the previous two-year period were:
Name
Panfiore Restaurant
Wine & Cigar Groceries
Pedro Pan Enterprise
Cafe Rosso
Mel Schmitt Realty
Address
1627 Alton Road
214 Espanola Way
1410 Meridian Avenue
211 61h Street
437 4151 Street
Square Feet
870 sq. ft.
1 ,157 sq. ft.
2,400 sq. ft.
700 sq. ft.
500 sq. ft.
Amount Paid
$7,025.35
2,701.44
5,924.31
1 ,896.00
2.209.11
$19,756.21
Assuming worst case, that the last legal use was exactly the same as the new use and that
the five businesses paid us a concurrency mitigation fee, the $1,949,576.93 collected for
the previous two-year period would have been reduced by $19,756.21. Statistically, these
businesses represent only 5% of the total number of applicants and less that 1.01 % of the
total fees collected within the last two calendar years.
The Administration recommends approval of the Resolution, with inclusion of the 100-trip-
per-day threshold requirement, and the stipulation that the concurrency credit will not be
available to newly constructed spaces.
JGlRMI~/AJ
Attachment
F:\WORK\$TRA\AMELIA\TCMDIV\CMSPolicy.memo.doc
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WNW.ci.miami-beach.f1.us
m
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: February 20, 2002
From: Jorge M. Gonzalez
City Manager
Subject: REPORT OF THE LAND USE AND DEVELOPMENT COMMITTEE MEETING
HELD ON TUESDAY, FEBRUARY 5, 2002
The Land Use and Development Committee meeting was called to order at 2:10 p.m. In attendance were
Chairperson, Commissioner Luis R. Garcia Jr., Commissioner Matti H. Bower and Commissioner Saul Gross,
as well as members of the Administration and the general public.
1. DISCUSSION ON THE CONCURRENCY PROCEDURES.
Motion to direct the Administration to adopt a policy for existing structures of 2,500 sq. ft. or less to be able
to receive a concurrency credit based on the last use of the property regardless of the amount of time said
use has been idle (vote 3-0).
2. REVIEW OF ORDINANCE DEALING WITH PROPOSED PROCEDURE FOR THE DEMOLITION OF
SINGLE FAMILY HOMES.
Motion to modify proposed ordinance by removing ex-officio member from the Single Family Review
Board, add a newspaper notice requirement when an application is reviewed by the Board, and for the
ordinance to be reviewed by the Design Review and Historic Preservation Boards prior to the Planning
Board's public hearing (vote 3-0).
3. DISCUSSION ON USE OF MR. RICHARD SHINDLER'S PROPERTY (715-82ND STREET) AS A REAL
ESTATE MANAGEMENT OFFICE.
Motion to refer to Planning Board an ordinance that establishes an administrative management office for
multiple residential buildings as a conditional use in the RM-1, RM-2 and RM-3 multi-family districts.
4. REVIEW OF PROPOSED ORDINANCE AMENDING DESIGN REVIEW BOARD VOTING
REQUIREMENTS.
Motion to reject the proposed ordinance that modifies the voting requirements of the Design Review Board
and instead refer to the Planning Board an ordinance that changes the voting requirement for City
Commission appOintments from 517ths to 4l7ths. In addition, refer to the Planning Board an ordinance
that changes the membership of the Board of Adjustment in order to have a total of seven voting
members.
JMG\CMCUGG\rar
T:\AGENDA\2002\FEB2002\CONSENT\Land Use Committee February Meeting.doc