R5P - Waive, Install Concurrency, Mobility Fees
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 3 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED “CONCURRENCY MANAGEMENT AND MOBILITY FEES,” BY AMENDING ARTICLE II, ENTITLED “CONCURRENCY,” BY CREATING SECTION 3.2.3, ENTITLED “IMPOSITION AND COLLECTION OF CONCURRENCY MITIGATION FEES,” TO ESTABLISH A PROCESS AND CRITERIA FOR THE CITY COMMISSION TO CONSIDER A PROVISIONS FOR THE WAIVER OF APPLICABLE CONCURRENCY MITIGATION FEES AND TO PROVIDE AN OPTION FOR AN INSTALLMENT PLAN FOR THE PAYMENT OF APPLICABLE CONCURRENCY MITIGATION FEES ; BY AMENDING ARTICLE III, ENTITLED “MOBILITY FEES,” BY AMENDING SECTION 3.3.3, ENTITLED “IMPOSITION AND COLLECTION OF MOBILITY FEES,” TO ESTABLISH WAIVER OF APPLICABLE MOBILITY FEES AND TO PROVIDE AN OPTION FOR AN INSTALLMENT PLAN FOR THE PAYMENT OF APPLICABLE MOBILITY FEES ; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 1 week agoOrdinances - R5 P
COMMISSION MEMORANDUM
10:35 a.m. First Reading Public Hearing
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve the subject ordinance at First Reading and schedule a Second Reading public hearing for October 29, 2025.
BACKGROUND/HISTORY
On June 25, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed ordinance directly to the Planning Board (C4 E).
ANALYSIS
The Land Development Regulations of the City Code (LDRs) require the payment of concurrency mitigation fees and mobility fees as it relates to increases in development intensity. These fees are assessed to offset impacts to the City’s transportation system and ensure that adequate infrastructure is available to support new or intensified uses.
The proposed ordinance would waive concurrency and mobility fees for properties located within the following areas:
1. 41st Street (Indian Creek to Alton Road).
2. Lincoln Road (Collins Avenue to Alton Road).
3. Washington Avenue (5th Street to 17th Street).
4. 71st Street and Normandy Drive (CD-2 zoned properties).
The waiver provision is intended to support economic revitalization in targeted commercial areas by reducing upfront costs, encouraging occupancy, and reducing commercial vacancies.
The rationale for this waiver provision is well intended and limiting the timeframe to one year should help address any negative financial implications. Notwithstanding, the Administration recommends that the City Commission, between First and Second Reading, consider limits on the extent of new construction that would be eligible for this waiver. In this regard, controlling the amount of new square footage that would be eligible for a waiver would limit the potential loss in mobility fees for threshold projects that would likely have the most significant impact on our transportation and roadway networks.
The Administration would also urge caution regarding any future extension of the proposed waiver provision beyond one year, or expansion of applicable areas beyond those proposed in the attached ordinance. To this end, a more significant impact on revenue generated for transportation and mobility projects could occur if the proposed waiver is not properly constrained.
PLANNING BOARD REVIEW On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board also recommended that the City Commission study additional areas of the City for a potential waiver of concurrency and mobility fees.
FISCAL IMPACT STATEMENT
Over the past five years, approximately 335 applications were assessed a mobility fee for new development or changes in use within an existing building. Although limited to one year, the proposed waiver provision would apply to several, significant commercial areas of the City and will likely have an impact on revenue generated to address transportation and mobility issues.
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the subject ordinance be approved at First Reading and a Second Reading public hearing be scheduled for October 29, 2025.
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
10:35 a.m. 1st Rdg PH, Concurrency & Mobility Fee-Waiver Provision. (Fernandez) PL 5/7
Previous Action (For City Clerk Use Only)