HomeMy WebLinkAbout2005-3489 Ordinance
ORDINANCE NO. 2005-3489
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82,
"PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS
OF WAY," DIVISION 2 "TEMPORARY OBSTRUCTIONS"
SECTION 82-1 51 (c)(4), BY MODIFYING PERMIT FEES, TO ADD AN
ALTERNATIVE PERMIT FEE BASED ON A CERTIFIED
APPRAISAL OF MARKET VALUE OF THE AREA TO BE CLOSED
OR OCCUPIED, WITH THE APPLICANT PAYING THE HIGHER
OF THE FEE AS SPECIFIED IN APPENDIX "A", OR THE FEE
BASED ON THE CERTIFIED APPRAISAL OF MARKET VALUE;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Code requires a fee to accompany each application for a permit to
obstruct or use the City streets in the amount of $30 base fee per application plus $0.25 per linear
foot of street obstructed per day, as per Ordinance #92-2795 passed and adopted on September 16,
1992; and
WHEREAS, at the time that Ordinance was adopted, the fees per linear foot applied only to
a street closure or occupation of moderate impact to traffic and the public; and
WHEREAS, the construction oflarge developments making full use oftheir lot coverage in
high density commercial and residential areas has resulted in wider and more extended use of the
right-of-way during the construction of the development; and
WHEREAS, the City has determined that charging a permit fee based on linear footage does
not represent a fair and equitable market value for the ground usage for extended periods and wider
areas of the right-of-way, specially in areas where land is of prime value, and obstructions and
disruptions to the public and traffic are significant; and
WHEREAS, the Administration recommends this Ordinance be adopted to provide an
alternative to the scheduled fees in the City Code in the event that an application is presented to
Public Works where it is appropriate, based upon the above premises, to require a fee based on the
fair market value ofthe public property being occupied, which market value-based fee shall be paid
if higher than the fee as specified in Appendix A.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 82, "Public Property", Article IV, "Uses in Public Rights-of-Way",
Division 2 "Temporary Obstructions", Section 82-151 (c) (4) of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Section 82-151
*
*
*
(c) Permit requirements. Permits for temporary obstruction ofthe public right-of-way shall be issued
within ten days of the filing of a completed application and upon completion of the following
requirements:
*
*
*
(4) A fee as specified in appendix A shall accompany each application. Additionally any cost for
obstructing of metered parking spaces will be determined as a separate cost by the metered parking
director and must be deposited with the city prior to issuance of a permit. Following submittal of the
application. the Public Works Department shall determine the final permit fee. which shall be the
higher of(a) a fee as specified in Appendix A. or (b) the market value of the area to be closed or
occupied. pursuant to a certified appraisal. The ap1llicant shall pay prior to permit issuance any
additional permit fee required ifthe final permit fee based on market value is higher than the fee as
specified in Appendix A. Unless the Department determines that seeking a certified appraisal would
not be cost effective. the Department must obtain an appraisal; if no certified appraisal is obtained
the fee as specified in Appendix A shall apply.
SECTION 2. CODIFICATION.
It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
2
ATTE~~~
CITY CLERK - Robert Parcher
PASSED AND ADOPTED this ~ day of J
,2005.
APPROVED AS TO
FORM & LANGUAGE
& FOR E~~ION
W4r~
First Reading: May 18, 2005
Second Reading: July 6, 2005
Underscore denotes new language
7/1812005
T:\AGENDA\2005\JuI0605\Regular\ROW Permit Fee Ordinance.rev2,doc
3
"7;1 %OJ/
Date
CITY OF MIAMI BEACH
COMMISSION ITEM StlMMARY
m
Condensed Title:
Ordinance amending the Temporary Obstructions ot Public Rights-ot-Way Section ot the City Code, to
apply an alternative permit tee based on market value ot adjacent properties.
Issue:
Shall City Code Section 82-151 (c) (4) be amended to include an alternative to the specified tee tor the use
ot public rights-ot-way?
Item Summary/Recommendation:
Currently, tor temporary obstructions ot the public rights-ot-way, the City Code requires a $30 base tee per
permit application plus $0.25 per linear toot ot street obstructed per day, regardless ot width ot the right-ot-
way to be closed to public access.
The existing permit tees tor temporary obstructions ot public rights-ot-way are comparable to current rental
value ot private property discounted tor right-ot-ways up to nine teet (9'). However, whenever the
temporary obstruction is wider than 9'. the current permit tees are not comparable to the appraised value ot
land discounted tor right-ot-way use.
By the amendment to this ordinance an alternative tee option is being proposed to be applied by the Public
Works Department tor temporary obstructions ot the public right-ot-way. This proposal takes into
consideration the market value ot the right-ot- way being used by developers and/or builders and would
provide a more equitable use tee, The Ordinance requires the higher ot the two tee options to be imposed,
Adopt the Ordinance.
jdviSOI)' Board Recommendation:
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin
Robert Halfhill, Public Works 6833
AGENDA ITEM R SA
DATE 7-G-o'S:"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez I ~
ity Manager :PI L-
Date: July 6, 2005
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND ITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY"
ARTICLE IV, "USES IN PUBLIC RIGHTS OF WAY" DIVISION 2
"TEMPORARY OBSTRUCTIONS" SECTION 82-151 (c)(4), BY
MODIFYING PERMITS FEES, TO ADD AN ALTERNATIVE PERMIT FEE
BASED ON A CERTIFIED APPRAISAL OF MARKET VALUE OF THE
AREA TO BE CLOSED OR OCCUPIED, WITH THE APPLICANT PAYING
THE HIGHER OF THE FEE AS SPECIFIED IN APPENDIX "A", OR THE
FEE BASED ON THE CERTIFIED APPRAISAL OF THE MARKET VALUE:
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The City Code requires a fee to accompany each application for a permit to obstruct or use the
City streets. These fees which amount to a $30 base fee per application plus $0.25 per linear
foot of street obstructed per day were determined in Ordinance # 92-2795 passed and adopted
on September 16, 1992.
The City has applied this permit fee to private developments who have requested the use of
adjacent streets and/or sidewalks during the construction of their project. The usual blockages
of right-of-ways have been ranging from blocking the width of a sidewalk on one side of a street
to blocking a full lane or two in addition to a sidewalk, and for durations as long as eighteen
months.
As the area of right-of-way affected and the duration of usage by these developments have
increased, especially in areas where land is of prime value, obstructions and disruptions to the
public and traffic has been significant. The developments are making full use of their lot
coverage in these prime areas resulting in requiring the use of larger areas of the right-of-way
for extended periods during the construction of the development.
Under such circumstances, it has been determined tl:1at the permit fees charged by the City for
the use or obstruction of right-of-way are not equitable with the fair market rental values of the
real property. If a developer needed to rent an abutting privately owned real property for a year,
the rental of such property would be at the fair market rental value.
Appraisal First Inc. in an appraisal report of right-of-way property located at South Pointe Drive
and Ocean Drive concluded that a fair market rental value for this right-of-way would be $10.53
per square foot, or $0.26 per linear foot of a 9 foot wide right-of-way. The table below illustrates
that the existing permit fee structure of $0.25 per linear foot is equitable to the estimated fair
market value of single travel or parking lane.
Length Width
Square
Ft.
Unit of
Measure
Rate
457 9
457 9
4,113
NA
$10.53
$ .25
Square Ft.
Linear Ft.
Term
(days)
NA
365
Annual
Rent
$43,309.89
$41,701.25
However, when the $0.25 per linear foot rate is applied to a situation where multiple lanes or a
wider than .9 foot right-of-way are rented the disparity becomes evident. The table below
illustrates how the annual rent calculated using the current fee of $0.25 per linear foot would be
below the appraised fair market value.
Length Width
Square
Ft.
Unit of
Measure
Rate
457 23
457 23
$10.53
$ .25
Square Ft.
Linear Ft.
10,051
NA
Term
(days)
NA
365
Annual
Rent
$110,680.83
$41,701.25
Following submittal of the application, the Public Works Department shall determine the final
permit fee, which shall be the higher of (a) a fee as specified in Appendix A, or (b) the market
value of the area to be closed or occupied, pursuant to a certified appraisal.
FISCAL IMPACT
The proposed Ordinance would provide compensation for the use of public land comparable to
the fair market value of private land discounted for right-of-way use.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment.
T:\AGENDA\2005\JuI0605\Consent\ROW Permit Fee Memo.doc
....
~
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
*
NOTICE IS HEREBY given that public hearings'will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, July 6,2005, to consider H:G
following:
10:15 A.M,
A Resolution Setting A Public Hearing On The Proposed Uses Of The Edward Byrne Memorial
Justice Assistance Grant Funds; Further Granting Retroattive Approval For The City Manager Or
His Designee To Submit A Grant Application For Said Grant; Further Appropriating The Grant
Funds If Approved And Accepted By The City; And Authorizing The Execution Of All Necessary
Documents Related To This Application. .
Inquiries may be directed to the City Manager's Office at (305) 673-7010,
/
10:20 A,M,
An Ordinance Amending The Use Of Public Property Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights Of
Way," Division 2 "Temporary Obstructions" Section 82-151 (C) (4), To Apply An Alternative
Permit Fee Based On Market Value Of Adjacent Properties Instead Of The Specified Fee F~'Gm
Appendix "A," If Public Works Department Determines That The Temporary Use, Closure Or
Occupation Of The Right-Of-Way Will Disrupt, Hinder Or Impede public Access Or Use Of The
Right-Ot-Way.
Inquiries may be directed to the Public Works Department at (305) 673-7080,
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or
to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139, Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1.700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be
provided, .
Robert E. Parcher, City Clerk
City ot Miami Beach
Pursuant to Section 286.0105, Ffa, Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered.at its meeting or its hearing, such person must ensure that a verbatim record ot the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to. be based.. This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise. allowed QY law.
To request this material in accessible format, sign language interpreters, information on access
for persons with disabilities, and/or any accommodation to -review any document or participate
in any city-sponsored proceeding, please contact (305)604-2489 (voice), (305)673-7218(TTY)
tive days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service),
Ad #315
;.Z;'._~
~
<.
~
iP
(;'
:s::
(,
3
J:
m
;J;I
~
o
-1
J:
C
;;J
(J)
u
,>
~
~
in
,,,
t"
~,
o
()
U1
8