HomeMy WebLinkAboutR-21-0483City of Miami
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Resolution: R-21-0483
File Number: 10577
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/18/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
WAIVING CERTAIN SIDEWALK AND STREET CAFE FEES SET FORTH IN
CHAPTER 54/ARTICLE VI/SECTIONS 54-224(A)(2) AND (A)(4) AND
SECTIONS 54-224(B)(2) AND (13)(4) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND
SIDEWALKS/SIDEWALK AND STREET CAFES/FEES AND SECURITY
DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK AND STREET CAFE
PERMIT FEES ASSESSED UNDER SECTIONS 54-224(A)(2) AND 54-224(A)(4)
OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER
SECTION 54-224(B)(2) AND 54-224(B)(4) OF THE CITY CODE DURING THE
REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET
BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL
COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN
MIAMI SIDEWALK AND STREET CAFES LOCATED IN THE AREA BOUNDED
BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1 ST AVENUE ON THE
WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1 ST STREET
ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE
SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH,
AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET
PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") is the most populous City in Miami -Dade County
and Flagler Street is the oldest and most well-known street in the City; and
WHEREAS, the Flagler Street Beautification Project associated with the City's Office of
Capital Improvements Project No. 40-1330606 ("Project") is a long overdue beautification of
Flagler Street, which should serve as a showpiece street for Downtown Miami; and
WHEREAS, the Project has detrimentally impacted the sidewalk cafes operating in
Downtown Miami that are located on and near Flagler Street by making them less visible to the
public and interfering with the free ingress and egress to and from such sidewalk cafes; and
WHEREAS, in addition, the Project has taken much longer than anticipated; and
WHEREAS, on April 27, 2017, the City Commission adopted Ordinance No. 13682 that
waived certain permit fees for sidewalk cafes in the Downtown Miami area during the
construction of the Project; and
City of Miami Page 1 of 3 File ID: 10577 (Revision:) Printed On: 121112021
File ID: 10577 Enactment Number: R-21-0483
WHEREAS, the City Commission is amending Chapter 54/Article VI of the Code of the
City of Miami, Florida, as amended ("City Code"), relating to sidewalk cafes by, inter alia, adding
street cafes; and
WHEREAS, the proposed amendment to the City Code adds street cafes and changes
the subsection references in the fees section, requiring an amendment to the fee waivers for
sidewalk cafes; and
WHEREAS, the City Commission finds that the adoption of this Resolution waiving
certain fees related to sidewalk and street cafes within the boundaries set forth herein during the
remainder of the construction of the Project through the date of substantial completion of the
Project promotes the health, safety, general welfare, and economic well-being of the City and all
persons residing therein; and
WHEREAS, this Resolution waives for the duration of the Project construction and until
substantial completion of the Project Construction as confirmed by the Director of Resilience
and Public Works the payment of the permit fee for establishing or maintaining a sidewalk or
street cafe and the security deposit as set forth in Section 54-224 of the City Code; and
WHEREAS, this Resolution does not waive the non-refundable application fee of
$175.00, the initial inspection fee of $10.00 that accompanies the sidewalk and street cafe
applications, or the failed permit inspection fee set forth in Section 54-224 of the City Code; nor
does this Resolution waive payment of the Business Tax Receipts ("BTR"), payment of the
Certificates of Use fees, or similar requirements, inspections, or fees; and
WHEREAS, the area applicable to sidewalk and street cafes covered by this Resolution
are sidewalk and street cafes located on or near Flagler Street within the areas of the Project as
set forth herein and more particularly described in Exhibit "A", attached and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The fees to establish and maintain a sidewalk or street cafe imposed by
Sections 54-224(a)(2) and (b)(2) of the City Code and the required security deposit for sidewalk
and street cafes imposed by Sections 54-224(a)(4) and (b)(4) of the City Code are hereby
waived for downtown sidewalk and street cafes located in the area bounded by
Northwest/Southwest 1 st Avenue on the west, by the north side of Northwest/Northeast 1 st
Street on the north, Biscayne Boulevard on the east, and by the south side of
Southwest/Southeast 1 st Street on the south, all as further described in Exhibit "A", attached and
incorporated.
Section 3. The waiver period for eligible sidewalk and street cafes described in Section
2 above shall be during the remainder of the construction of the Project until the City and any
other public agencies that have jurisdiction over the Project, as applicable, have determined that
the Project has achieved substantial completion in the area described in Section 2. This
Resolution will automatically sunset once that date of substantial completion is confirmed by the
Resilience and Public Works Director.
City of Miami Page 2 of 3 File ID: 10577 (Revision:) Printed on: 121112021
File ID: 10577 Enactment Number: R-21-0483
Section 4. This waiver only applies to sidewalk and street cafe permit fees imposed by
Sections 54-224(a)(2), 54-224(b)(2), 54-224(a)(4), and 54-224(b)(4) of the City Code.
Section 5. This Resolution does not waive the non-refundable application fee of $175.00
and initial inspection fee of $10.00 imposed by Sections 54-224(a)(1) and (b)(1) of the City
Code, the failed permit inspection fee imposed by Sections 54-224(a)(3) and (b)(3) of the City
Code, or any other fees including but not limited to payment associated with the Business Tax
Receipt, Certificate of Use, any related inspections, or any similar requirements or fees.
Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 7. This Resolution shall become effective thirty (30) days after final reading and
adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i na i ndez, City Attor iey 10/1312021
1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 10577 (Revision:) Printed on: 121112021