| | | | | | | |  | Ordinances - R5 L
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | March 9, 2022 | | | | First Reading
| | SUBJECT: | MOBILITY FEE WAIVER FOR RESTAURANTS AND SIDEWALK CAFES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 122 OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY MANAGEMENT AND MOBILITY FEES," ARTICLE I, ENTITLED "PURPOSE AND GENERAL PROVISIONS," AT SECTION 122-2, ENTITLED "DEFINITIONS"; ARTICLE II, ENTITLED "CONCURRENCY," AT SECTION 122-12, ENTITLED "DETERMINATION OF CONCURRENCY," AND ARTICLE ILL, ENTITLED "MOBILITY FEES," AT SECTION 122-23, ENTITLED "IMPOSITION AND COLLECTION OF MOBILITY FEES," TO PROVIDE FOR A MOBILITY FEE CREDIT AND CAPACITY CREDIT FOR RESTAURANT AND SIDEWALK CAFE USES THAT HAVE REDUCED THE TOTAL NUMBER OF SEATS SUBSEQUENT TO THE INITIAL MOBILITY FEE AND/OR CONCURRENCY DETERMINATION FOR THE USE, AND PROVIDE FOR RELATED CLARIFICATIONS; 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 April 6, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| | On January 20, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed Ordinance to the Planning Board for review and recommendation (item C4 AF). |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
As a result of the Covid-19 pandemic, tourism and dining-out were greatly reduced, leading to significant losses of business for many of the restaurants within the City. To reduce expenses, many restaurants reduced their sidewalk café seating. Now that tourism and dining-out have returned to pre-pandemic levels, many of those restaurants are seeking to re-introduce the seating that had previously been removed.
Under the current code requirements for Mobility Fees, credit is only given for the use approved immediately prior to the request to increase. As a result of this, restaurants must pay a Mobility Fee to reintroduce seats that would have been permitted less than two years. The Mobility Fee for restaurants and sidewalk cafes is currently $903.91 per seat. This results in an unfair burden to restaurants that were struggling to survive a global economic downturn.
In such a situation, the reintroduction of seats does not create a transportation impact that is beyond what was previously considered and mitigated against. To this end, the proposed Ordinance would provide credit for the highest number of legally established seats that existed in the two-years prior to the re-introduction of the seats. This additional credit is only provided if there was no intervening change of use or ownership. As a result, such restaurants would not be unfairly penalized with a mobility fee that likely was already paid in years prior.
The Ordinance also provides related clarifications so that it is clear that existing credits apply for both concurrency mitigation and mobility fees and defining what is considered an active use.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing and consider the transmittal of the Ordinance to the City Commission on February 22, 2022. The Administration will update the City Commission on the floor with the recommendation of the Planning Board.
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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| | | | | | | | SUPPORTING SURVEY DATA
| | Improve and Enhance Sidewalk Cafes |
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| | | | | | | | FINANCIAL INFORMATION
| | Although there will be a reduction in the fees previously required, there is no net loss of revenue as the same fees were paid previously for the same seats. |
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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 schedule a Second Reading / Public Hearing for April 6, 2022. |
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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 Ricky Arriola |
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