| | | | | | | |  | Ordinances - R5 B
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | November 18, 2020 | | | | 9:10 a.m. First Reading Public Hearing
| | SUBJECT: | RENTAL PROHIBITION OF CERTAIN MOTOR VEHICLES
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 CREATING SECTION 142-3, 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," WHICH SHALL PROHIBIT PERSONS AND BUSINESS ENTITIES FROM ENGAGING IN THE RENTAL OR LEASE OF CERTAIN IDENTIFIABLE VEHICLES (WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO MOPEDS, MOTORIZED BICYCLES, GOLF CARTS AND LOW SPEED VEHICLES) AND ESTABLISHING THOSE RESPECTIVE DEFINITIONS FOR SUCH PROHIBITED VEHICLES; 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 a second reading public hearing for December 9, 2020. |
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| | | | | | | | BACKGROUND/HISTORY
| | On September 16, 2020, at the request of Commissioner David Richardson, the City Commission referred the item to the Land Use and Sustainability Committee and the Planning Board (Item C4 O). On September 22, 2020 the Land Use and Sustainability Committee (LUSC) reviewed the ordinance and recommended approval. |
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| | | | | | | | ANALYSIS
| ANALYSIS
The proposed ordinance would amend those permitted uses within the City’s zoning districts for the purpose of prohibiting future persons and business entities from engaging in the rental or lease of certain identifiable vehicles, including but not limited to mopeds, motorized bicycles, golf carts and low speed vehicles. However, such amendments would allow those existing businesses which presently provide such rentals or leases to continue to operate as a legal non-conforming use.
The ordinance also addresses quality of life concerns raised by many of the City’s residents, particularly as it pertains to the increased presence of businesses that rent and lease mopeds, motorized bicycles, golf carts and low speed vehicles. The use of these vehicles continues to result in a large number of violations of State and local laws, as well as generate a great deal of complaints regarding dangerous and reckless conduct.
PLANNING BOARD REVIEW
On September 22, 2020 the Planning Board reviewed the ordinance and due to a noticing issue, it was re-advertised for the October 27, 2020 meeting. On October 27, 2020 the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | CONCLUSION
| The administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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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/Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioner David Richardson & Co-Sponsored by Commissioner Samuelian |
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