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HomeMy WebLinkAboutOrdinance 2021-4440 ORDINANCE NO. 2021-4440 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE," TO REVISE FEES CHARGED FOR SIDEWALK CAFE PARKLET PERMITS, AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, a parklet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space; and WHEREAS, on July 7, 2015, the Mayor's Blue Ribbon Panel for Washington Avenue recommended that the City Commission encourage the establishment of parklets along Washington Avenue, in order to stimulate economic development and further activate the Washington Avenue corridor; and WHEREAS, the Mayor and City Commission approved the creation of the Washington Avenue Pilot Parklet Program ("Pilot Program") on December 9, 2015, allowing businesses located along Washington Avenue to install parklets for utilization by sidewalk cafes in on-street parking spaces on a temporary basis, subject to certain requirements and criteria; and WHEREAS, in order to encourage restaurants to participate in the Pilot Program, the Mayor and City Commission amended the City Code to abate sidewalk cafe permit application fees, and per-square-foot permit fees for sidewalk cafe operators that participated in the Pilot Program; and WHEREAS, the abatement was extended for a total duration of three (3) years, and the Pilot Program was originally scheduled to terminate on March 31, 2019; and WHEREAS, on July 17, 2019, the City Commission adopted Ordinance No. 2019-4281, extending the duration of the Pilot Program through March 31, 2021; and WHEREAS, on January 20, 2021, the Land use and Sustainability Committee ("LUSC or the "Committee") held a discussion regarding sidewalk cafes and parklets in the Sunset Harbour neighborhood; and WHEREAS,the Committee recommended that parklets for sidewalk cafe seating continue to be permitted, and recommended that staff draft an Ordinance to make the program permanent; and WHEREAS, on June 23, 2021, Ordinance No. 2021-4427 was read into the record and approved by the City Commission on first reading; and WHEREAS, on July 28, 2021, following a public hearing, the City Commission adopted Ordinance No. 2021-4427 extending the Parklet program on Washington Avenue and Sunset Harbour; and WHEREAS, in addition, the Mayor and City Commission also approved the proposed Parklet Design Guidelines presented by the Administration; and 6 WHEREAS, the City Administration is proposing to change the fee structure for the parklets to be consistent with the fee structure of the sidewalk cafes, and therefore reflect the current market prices; and WHEREAS, the current parklet fee approved via Ordinance No. 2021-4427 was a per- parking-space, per day, in the amount of$34; and WHEREAS, the new proposed annual parklet fee in this Ordinance will be $150 per- square-foot, based upon a standard-sized parking space of 187 square feet, with maximum of two parking spaces per parklet. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as set forth in "Exhibit A" to this Ordinance. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word" ordinance" may be changed to" section," article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect the 027 day Segi • 2021. PASSED and ADOPTED this /7 day of �� , 2021. ATTEST: 'SEP 2 2 202, �� ...... el Mayor AP ROVED AS TO Rafael E. Granado, City Clerk 41. INOORP GRATED' FORM & LANGUAGE & FOR EXECUTION (sponsored by Mayor Dan Gelber) City Attorney _ Date EXHIBIT "A" APPENDIX A- FEE SCHEDULE Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's website. Chapter 82. Public Property Article lll. Use of Public Property Division 5. Sidewalk Cafes 82-390 Base parklet application fee 850.00 [A] Annual parklet fee, per-square-foot, based upon a standard- gq^gg [A] 82-390 sized parking space of 187 square feet, with maximum of two parking spaces per parklet-per day 150.00 G p I I Ordinances-R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael Paz,Acting City Attorney DATE: September 17, 2021 10:15 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BYAMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE FEES CHARGED FOR SIDEWALK CAFE PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ANALYSIS See Memorandum and Ordinance attached. SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a"Residents Rigs Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS:_ Description © Memo o Ordinance Page 809 of 1657 OFFICE OF THE CITY ATTORNEY RAFAEL PAZ, ACTING CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER MEMBERS OF THE CITY COMMISSION SECOND READING FROM: RAFAEL A. PAZ, ACTING CITY ATTORNEY DATE: SEPTEMBER 17, 2021 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE FEES CHARGED FOR SIDEWALK CAFE PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Mayor Dan Gelber has sponsored the attached Ordinance, which would raise the generally applicable City fee per square foot for sidewalk cafes,from the current$27 per square foot annually (which is based upon a cost-recovery model) to $150 per square foot annually (which is based upon a revenue generation model). The base application fee would also be raised from $159 to $865. The proposed Ordinance was approved by the Mayor and City Commission on first reading on July 28, 2021 and was considered at the Land Use and Sustainability Committee on September 14, 2021. RAP/RR/ym Page 810 of 1657