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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #2012 Ordinance First Reading Sponsored by: Ken Russell, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTION 54-224(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SUBSECTION 54-224(B) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL THE SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK CAFES ON OR NEAR FLAGLER STREET AND LOCATED BETWEEN BISCAYNE BOULEVARD WEST TO SOUTHWEST/NORTHWEST 1ST AVENUE, NORTH TO NORTHEAST/NORTHWEST 1ST STREET, SOUTH TO SOUTHEAST/SOUTHWEST 1ST STREET, MIAMI, FLORIDA, AS FURTHER DESCRIBED HEREIN; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 2012 (Revision:) Printed On: 1/17/2025 City of Miami Legislation Ordinance File Number: 2012 Final Action Date: 4/13/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTION 54-224(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SUBSECTION 54-224(B) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL THE SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK CAFES ON OR NEAR FLAGLER STREET AND LOCATED BETWEEN BISCAYNE BOULEVARD WEST TO SOUTHWEST/NORTHWEST 1ST AVENUE, NORTH TO NORTHEAST/NORTHWEST 1ST STREET, SOUTH TO SOUTHEAST/SOUTHWEST 1ST STREET, MIAMI, FLORIDA, AS FURTHER DESCRIBED HEREIN; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the most populous City in Miami -Dade County and Flagler Street is the oldest and best known street in the City; and WHEREAS, the Flagler Street Beautification Project ("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, the City Commission finds that the adoption of this Ordinance waiving sidewalk cafe permit fees for sidewalk 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 Ordinance waives the payment of the fee for an annual permit for establishing or maintaining a sidewalk cafe which is $11.50 per square foot of usable sidewalk area, as determined by the Department of Public Works as set forth in Section 54-224(b) of the Code of the City of Miami, Florida, as amended ("City Code"), but does not waive the non- refundable application fee of $175.00 and the initial inspection fee of $10.00 that accompany the sidewalk cafe application set forth in Section 54-224(a) of the City Code nor does it waive payment of the Business Tax Receipts ("BTR"), payment of the Certificates of Use ("CU"), or similar requirements and fees; and WHEREAS, the area applicable to sidewalk cafes covered by this Ordinance are sidewalk cafes located on or near Flagler Street within the areas of the Project as set forth below; City of Miami File ID: 2012 (Revision:) Printed On: 1/17/2025 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The sidewalk cafe permit fees imposed by Section 54-224(b) of the City Code are hereby waived for downtown sidewalk cafes located on or near Flagler Street from Biscayne Boulevard on the east, west to Southwest (SW)/Northwest (NW) 1st Avenue; sidewalk cafes located on North/South Miami Avenue, Northeast (NE)/Southeast (SE) 1st Avenue and Northeast (NE)/Southeast (SE) 2nd Avenue, bounded on the North by Northeast (NE)/Northwest (NW) 1st Street and on the South by Southeast (SE)/Southwest (SW) 1st Street but excluding sidewalk cafes fronting or located on Northeast (NE)/Northwest (NW) 1st Street and fronting or located on Southeast (SE)/Southwest (SW) 1st Street; sidewalk cafes located on Northwest (NW) Miami Court, bounded on the North by Northwest (NW) 1st Street and on the South by Flagler Street but excluding sidewalk cafes fronting or located on Northeast (NE)/Northwest (NW) 1st Street; sidewalk cafes located on Southeast (SE) 3rd Avenue, bounded on the North by Flagler Street and on the South by Southeast (SE) 1st Street but excluding sidewalk cafes fronting or located on Southeast (SE) 1st Street; sidewalk cafes located on Northeast (NE) 3rd Avenue, bounded on the North by Northeast (NE) 1st Street and on the South by Flagler Street but excluding sidewalk cafes fronting or located on Northeast (NE) 1st Street. Section 3. The waiver period for eligible sidewalk cafes, as 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 Ordinance will automatically sunset once that date of substantial completion is confirmed by the Public Works Director. Section 4. This waiver only applies to sidewalk cafe fees imposed by Section 54-224(b) of the City Code and does not apply to the non-refundable application fee of $175.00, the initial inspection fee of $10.00, payment of the BTR, payment of the CU, any related inspections, or any similar requirements or fees. Section 5. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey ) 4/4/2017 t This Ordinance 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 Ordinance, 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 File ID: 2012 (Revision:) Printed On: 1/17/2025