Item Coversheet

Ordinances - R5  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:July  20, 2022
 

10:30 a.m. First Reading

SUBJECT:

MOBILITY FEES APPENDIX A CLARIFICATION

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, ENTITLED "CONCURRENCY MANAGEMENT AND MOBILITY FEES," ARTICLE Ill, ENTITLED "MOBILITY FEES," AT SECTION 122-24, ENTITLED "CALCULATION OF MOBILITY FEE," AND APPENDIX A, ENTITLED "FEE SCHEDULE," TO RELOCATE CERTAIN MOBILITY FEE PROVISIONS TO APPENDIX "A" TO THE CITY CODE, CONSISTENT WITH OTHER FEES ASSESSED BY THE CITY; AND AMENDING APPENDIX "A" TO MODIFY CERTAIN FEES RELATED TO THE LAND USE BOARD REVIEW PROCESS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for September 14, 2022.

BACKGROUND/HISTORY

On October 16, 2019, the City Commission adopted Ordinance No. 2019-4306, which replaced the previous transportation concurrency fee with a city-wide mobility fee. On May 4, 2022, at the request of the City Manager, the City Commission referred the attached Ordinance amendment to the Planning Board for review and recommendation (Item C4 U).

ANALYSIS

PLANNING ANALYSIS
Chapter 122 of the Land Development Regulations (LDR’s) sets forth mobility fees, which are assessed on new development or changes of use that increase the transportation impact of development. Section 122-24 establishes the mobility fee rates and the proposed Ordinance would move the fees from this section of the LDR’s to the fee schedule in Appendix A. This will improve fee transparency as the mobility fees would all be located within the same Code section. Additionally, the annual process of updating the fees pursuant to the Consumer Price Index (CPI) would be standardized in Appendix A. The mobility fees are currently subject to annual updates pursuant to the CPI and under the existing regulations this update is set on a different schedule from the remainder of fees.

While the proposed Ordinance may give the appearance of a fee increase, it does not modify the current mobility fees. The fees currently codified are those that were originally adopted in 2019, and they have only changed on an annual basis pursuant to the CPI, as required by section 122-24. However, these increases pursuant to the CPI have not been reflected in section 122-24, and the proposed Ordinance will update the codified fees to those currently in effect. Moving forward the codified fees will remain up to date when Appendix A undergoes an annual CPI updating process.

The Ordinance also proposes an update to the courier fee that is assessed on land use board applications; this fee covers the cost of delivering packages to land use board members. The proposal increases the courier fee from $10.00 per package to $15.00 per package. Over the last year, the average cost of couriering each package, which contains multiple applications and exhibits, to land use board members has increased from approximately $28.00 per package to $36.00 per package. As a result, the costs to the Planning Department have increased significantly. This fee modification is intended to cover these costs, as well as provide a framework, moving forward, that will better reflect CPI updates.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on May 24, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (6-0).

 

UPDATE

The subject Ordinance was scheduled to be considered at First Reading on July 8, 2022, and it was deferred to July 20, 2022.

 


SUPPORTING SURVEY DATA

Improve Development Review Efficiency

FINANCIAL INFORMATION

No Fiscal Impact Expected

CONCLUSION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for September 14, 2022.

Applicable Area

Citywide
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 
Legislative Tracking
Planning
Sponsor
City Manager and Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ordinance