R5C - Allow Concurrency/mobility Fee Waivers

Ordinances - R5 C

R5 C CONCURRENCY AND MOBILITY FEES – WAIVER PROVISION 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 PROVISIONS FOR THE WAIVER 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 PROVISIONS FOR THE WAIVER OF APPLICABLE MOBILITY FEES; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance.

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 existing buildings on 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).

5. Ocean Drive (MXE 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.

The proposed ordinance is also applicable only to existing buildings, including changes of use within existing buildings. By limiting the fee waiver to existing buildings, and excluding new, ground up construction and additions, there would be no loss in mobility fees for larger, threshold projects that would likely have the most significant impact on our transportation and roadway networks.

The Administration would continue to 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.

UPDATE The subject ordinance was approved at First Reading on September 17, 2025. After approval of the ordinance at First Reading, the sponsor requested that the ordinance be modified to ensure that the proposed waiver of fees is applicable only to existing buildings and would not be applicable to new, ground up construction or additions, The sponsor also requested that the area along Ocean Drive from 5 th to 15 th Street be added to the list of properties eligible for the waiver. The attached ordinance has been revised to include these changes for Second Reading.

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 and applicable only to existing buildings, 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: 9/24/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends that the City Commission adopt the ordinance.

Applicable Area

Citywide

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)

Mayor Steven Meiner

Condensed Title

9:25 a.m. 2nd Rdg, Concurrency & Mobility Fee-Waiver Provision. (Fernandez/Meiner) PL 5/7

Previous Action (For City Clerk Use Only)

First Reading Public Hearing on 9/17/2025 - R5 P