| | | | | | | |  | Ordinances - R5 B
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 23, 2021 | | | | 10:10 a.m. First Reading Public Hearing
| | SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE I, ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY AMENDING SECTION 142-3 THEREOF, ENTITLED "RENTALS OR LEASES OF MOPEDS, MOTORCYCLES THAT ARE POWERED BY A MOTOR WITH A DISPLACEMENT OF 50 CUBIC CENTIMETERS OR LESS, AND MOTORIZED BICYCLES PROHIBITED IN THE CITY OF MIAMI BEACH," BY AMENDING THE TITLE TO SUCH SECTION; AND BY ESTABLISHING THE DEFINITION FOR MOTOR VEHICLES AND PROHIBITING PERSONS AND BUSINESS ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF MOTOR VEHICLES IN ALL ZONING CATEGORIES WITHIN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule Second Reading/Adoption for July 28, 2021. |
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| | | | | | | | BACKGROUND/HISTORY
| | On March 17, 2021, at the request of Commissioner David Richardson, the City Commission referred the item to the Planning Board and the Neighborhood and Quality of Life Committee (Item C4 J). On April 28, 2021, the Neighborhood and Quality of Life Committee (NQLC) discussed the item and deferred it to the May 19, 2021 meeting. On May 19, 2021 the item was deferred to the June 30, 2021 NQLC meeting. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Due to the City's domestic and international popularity as a resort destination, the City hosts millions of visitors annually. This large influx of visitors places additional stress on the City's infrastructure, including the City's beaches, parks, roadways and sidewalks. Additionally, increased demands are placed on the City’s police, fire, code compliance and sanitation resources.
Compounding these stressors are the large number of visitors who rent golf carts, low-speed vehicles, mopeds, autocycles, motorized bicycles, motorized scooters and motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less. These vehicles are used less for commuting and more for joyriding around the City. In order to address this problem, on December 9, 2020, the Mayor and City Commission adopted Ordinance No. 2020-4388, which created Section 142-3 of the City Code in order to prohibit the rental or lease of the aforementioned types of vehicles within the City of Miami Beach.
However, there are still approximately fourteen (14) nonconforming businesses that rent or lease these types of motor vehicles within the City. Many of these motor vehicle rental establishments offer exotic car rentals, which unnecessarily contribute to the City’s traffic problems and present problems due to careless or reckless operation, in conjunction with the “cruising” and “see and be seen” driving patterns of those renting such motor vehicles.
Anecdotal evidence shows significant instances of reckless conduct and nuisances created by many of the persons operating all types of rented or leased motor vehicles within the City of Miami Beach. To this end, the proposed Ordinance would expand the prohibition of rental vehicles within City limits to include autocyles and all motor vehicles, including rental cars.
If adopted, existing motor vehicle rental facilities would become legal non-conforming uses and would not be permitted to expand or relocate. Additionally, they would be subject to the requirements for nonconformances in section 118, Article IX of the Land Development Regulations.
It is not expected that the prohibition of vehicle rentals would create mobility problems for visitors as most visitors arrive via taxicab or rideshare services, such as Uber or Lyft. Additionally, motor vehicles rented or leased at the Miami or Fort Lauderdale airport, as well as a personal motor vehicle driven from the visitors’ place of residence to the City would not be affected. In addition to taxicabs and rideshare services, the City also offers a free trolley service to provide transportation around the City. From a land use perspective, the proposed Ordinance encourages greater walkability and will have a better impact on the local economy as the storage of motor vehicles can be replaced with more functional uses over time.
PLANNING BOARD REVIEW
On May 25, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with an unfavorable recommendation by a vote of 6-0.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Maintaining and Enhancing Residents Quality of Life |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule Second Reading/Adoption for July 28, 2021. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner David Richardson |
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