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HomeMy WebLinkAboutO-13682City of Miami Ordinance 13682 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2173 Final Action Date: 5/25/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTIONS 54-224(B) AND (D) 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 SECTION 54-224(B) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(D) 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 CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST 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 Ken Russell 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 City of Miami Page 1 of 3 File ID: 2173 (Revision: A) Printed On: 3/21/2025 File ID: 2173 Enactment Number: 13682 Code of the City of Miami, Florida, as amended ("City Code") and the security deposit assessed under Section 54-224(d); and WHEREAS, this Ordinance does not waive the non-refundable application fee of $175.00; the initial inspection fee of $10.00 that accompanies the sidewalk cafe application; or the failed permit inspection fee set forth in Sections 54-224(a) and (c) of the City Code nor does it waive payment of the Business Tax Receipts ("BTR"); payment of the Certificates of Use ("CU") fees; or similar requirements, inspections, or 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; 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, the annual permit of $11.50 per square foot of useable sidewalk area, and Section 54- 224(d) of the City Code, the required security deposit, are hereby waived for downtown sidewalk cafes located in the area bounded by the west side by Northwest/Southwest 1st Avenue on the west, by the north side of Northwest/Northeast 1st 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". 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 permit fees imposed by Sections 54-224(b) and Section 54-224(d) of the City Code. Section 5. This Ordinance does not waive sidewalk cafe fees imposed by Section 54- 224(a) of the City Code, the non-refundable application fee of $175.00 and the initial inspection fee of $10.00, the sidewalk cafe fees imposed by Section 54-224(c) of the City Code, the failed permit inspection fee, or any other fees including but not limited to payment of the BTR, payment of the CU, 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 Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' 1 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 City of Miami Page 2 of 3 File ID: 2173 (Revision: A) Printed on: 3/21/2025 File ID: 2173 Enactment Number: 13682 APPROVED AS TO FORM AND CORRECTNESS: ndez, City tton ndez, ity Attor 4/2872017 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: 2173 (Revision: A) Printed on: 3/21/2025